Public Act 098-0952
 
SB3071 EnrolledLRB098 17880 JLK 53004 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Local Library Act is amended  by 
changing Section 5-5 as follows:
 



    (75 ILCS 5/5-5)  (from Ch. 81, par. 5-5)



    Sec. 5-5. When the board determines directors determine to 
commence the construction of the
building or the remodeling, 
repairing or improving of an existing library
building or the 
erection of an addition thereto, the purchase of the
necessary 
equipment for such library, or the acquisition of library

materials such as books, periodicals, recordings and 
electronic data
storage and retrieval facilities in connection 
with either the purchase or
construction of a new library 
building or the expansion of an existing
library building, they 
may then revise the plan therefor or adopt a new
plan and 
provide estimates of the costs thereof, and shall, when the 
cost
is in excess of $20,000, advertise for
bids for the 
construction of the building, or the remodeling, repairing or

improving of an existing library building or the erection of an 
addition
thereto, or the purchase of the necessary equipment 
for such library, or
the acquisition of library materials such 
as books, periodicals, recordings
and electronic data storage 
and retrieval facilities in connection with
either the purchase 
or construction of a new library building or the
expansion of 
an existing library building, and shall let the contract or

contracts for the same, when the cost is in excess of $20,000, 
to the
lowest responsible bidder or bidders. 
    The board shall not be required to accept a bid that does 
not meet the library's established specifications, terms of 
delivery, quality, and serviceability requirements. Contracts 
which, by their nature, are not adapted to award by competitive 
bidding, are not subject to competitive bidding, including, but 
not limited to:
        (1)   contracts for the services of individuals 
    possessing a high degree of professional skill where the 
    ability or fitness of the individual plays an important 
    part;
        (2)   contracts for the printing of finance committee 
    reports and departmental reports;
        (3)   contracts for the printing or engraving of bonds, 
    tax warrants and other evidences of indebtedness;
        (4)   contracts for the maintenance or servicing of, or 
    provision of repair parts for, equipment which are made 
    with the manufacturer or authorized service agent of that 
    equipment where the provision of parts, maintenance, or 
    servicing can best be performed by the manufacturer or 
    authorized service agent;
        (5)   purchases and contracts for the use, purchase, 
    delivery, movement, or installation of data processing 
    equipment, software, or services and telecommunications 
    and interconnect equipment, software, and services;
        (6)   contracts for duplicating machines and supplies;
        (7)   contracts for utility services such as water, 
    light, heat, telephone or telegraph;
        (8)   contracts for goods or services procured from 
    another governmental agency;
        (9)   purchases of equipment previously owned by some 
    entity other than the library itself; and
        (10)   contracts for goods or services which are 
    economically procurable from only one source, such as for 
    the purchase of magazines, books, periodicals, pamphlets, 
    and reports. 
    Contracts for emergency expenditures are also exempt from 
competitive bidding when the emergency expenditure is approved 
by 3/4 of the members of the board. 
    The board shall and may
require from such bidders, such 
security for the performance of the bids determined by as
the 
board pursuant to law shall determine. The board directors may 
let the contract or contracts
to one or more bidders, as they 
shall determine.

(Source: P.A. 94-435, eff. 8-2-05.)

 
    Section 10. The Public Library District Act of 1991 is 
amended  by changing Section 40-45 as follows:
 



    (75 ILCS 16/40-45)



    Sec. 40-45. Bids for construction, improvements, or 
equipment purchases. 

    (a) When the trustees determine to commence constructing 
the
building, purchasing a site or a building, remodeling,

repairing, or improving an existing library building, erecting

an addition to an existing library building, or
purchasing the 
necessary equipment for the
library, they may then revise the 
plan or adopt a new plan and
provide estimates of the costs of 
the revised or new plan. 

    (b) The board shall, when the cost is in
excess of $20,000, 
advertise for bids for constructing the building,
remodeling, 
repairing, or improving of an existing library building, 
erecting
an addition to an existing library building, or 
purchasing the necessary
equipment for the library and shall 
let the contract or contracts for the
project, when the cost is 
in excess of $20,000, to the lowest responsible
bidder or 
bidders.  The board shall not be required to accept a bid that 
does not meet the library's established specifications, terms 
of delivery, quality, and serviceability requirements. 
Contracts which, by their nature, are not adapted to award by 
competitive bidding, are not subject to competitive bidding, 
including, but not limited to: 
        (1)   contracts for the services of individuals 
    possessing a high degree of professional skill where the 
    ability or fitness of the individual plays an important 
    part;
        (2)   contracts for the printing of finance committee 
    reports and departmental reports;
        (3) contracts for the printing or engraving of bonds, 
    tax warrants and other evidences of indebtedness;
        (4)   contracts for the maintenance or servicing of, or 
    provision of repair parts for, equipment which are made 
    with the manufacturer or authorized service agent of that 
    equipment where the provision of parts, maintenance, or 
    servicing can best be performed by the manufacturer or 
    authorized service agent;
        (5)   purchases and contracts for the use, purchase, 
    delivery, movement, or installation of data processing 
    equipment, software, or services and telecommunications 
    and interconnect equipment, software, and services;
        (6)   contracts for duplicating machines and supplies;
        (7)   contracts for utility services such as water, 
    light, heat, telephone or telegraph;
        (8)   contracts for goods or services procured from 
    another governmental agency;
        (9)   purchases of equipment previously owned by some 
    entity other than the library itself; and
        (10)   contracts for goods or services which are 
    economically procurable from only one source, such as for 
    the purchase of magazines, books, periodicals, pamphlets, 
    and reports.
    Contracts for emergency expenditures are also exempt from 
competitive bidding when the emergency expenditure is approved 
by 3/4 of the members of the board. 
    The board shall require from the bidders security for
the 
performance of the bids determined by the board pursuant to 
law.
The trustees may let the contract or contracts to one or 
more bidders as
they determine.

(Source: P.A. 94-435, eff. 8-2-05.)