Bill Text: IL HB4783 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Metropolitan Water Reclamation District Act. Provides that the mandatory competitive bid threshold for the District may not be less than $100,000 (rather than less than $10,000 or more than $40,000). Provides that the District's executive director shall authorize in writing specified officials or employees who may purchase in the open market without filing a requisition or estimate to purchase and without advertisement any supplies, materials, equipment or services for immediate delivery to meet bona fide operating emergencies where the amount is not in excess of $100,000 (rather than $50,000).

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2024-04-30 - Rule 2-10 Committee Deadline Established As May 10, 2024 [HB4783 Detail]

Download: Illinois-2023-HB4783-Engrossed.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Metropolitan Water Reclamation District Act
is amended by changing Sections 11.3 and 11.5 as follows:
(70 ILCS 2605/11.3) (from Ch. 42, par. 331.3)
Sec. 11.3. Except as provided in Sections 11.4 and 11.5,
all purchase orders or contracts involving amounts in excess
of the mandatory competitive bid threshold and made by or on
behalf of the sanitary district for labor, services or work,
the purchase, lease or sale of personal property, materials,
equipment or supplies, or the granting of any concession,
shall be let by free and open competitive bidding after
advertisement, to the lowest responsible bidder or to the
highest responsible bidder, as the case may be, depending upon
whether the sanitary district is to expend or receive money.
All such purchase orders or contracts which shall involve
amounts that will not exceed the mandatory competitive bid
threshold, shall also be let in the manner prescribed above
whenever practicable, except that after solicitation of bids,
such purchase orders or contracts may be let in the open
market, in a manner calculated to insure the best interests of
the public. The provisions of this section are subject to any

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contrary provisions contained in "An Act concerning the use of
Illinois mined coal in certain plants and institutions", filed
July 13, 1937, as heretofore and hereafter amended. For
purposes of this Section, the "mandatory competitive bid
threshold" is a dollar amount equal to 0.1% of the total
general fixed assets of the district as reported in the most
recent required audit report. In no event, however, shall the
mandatory competitive bid threshold dollar amount be less than
$60,000 $10,000 or more than $40,000.
If a unit of local government performs non-emergency
construction, alteration, repair, improvement, or maintenance
work on the public way, the sanitary district may enter into an
intergovernmental agreement with the unit of local government
allowing similar construction work to be performed by the
sanitary district on the same project, in an amount no greater
than $100,000, to save taxpayer funds and eliminate
duplication of government effort. The sanitary district and
the other unit of local government shall, before work is
performed by either unit of local government on a project,
adopt a resolution by a majority vote of both governing bodies
certifying work will occur at a specific location, the reasons
why both units of local government require work to be
performed in the same location, and the projected cost savings
if work is performed by both units of local government on the
same project. Officials or employees of the sanitary district
may, if authorized by resolution, purchase in the open market

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any supplies, materials, equipment, or services for use within
the project in an amount no greater than $100,000 without
advertisement or without filing a requisition or estimate. A
full written account of each project performed by the sanitary
district and a requisition for the materials, supplies,
equipment, and services used by the sanitary district required
to complete the project must be submitted by the officials or
employees authorized to make purchases to the board of
trustees of the sanitary district no later than 30 days after
purchase. The full written account must be available for
public inspection for at least one year after expenditures are
made.
Notwithstanding the provisions of this Section, the
sanitary district is expressly authorized to establish such
procedures as it deems appropriate to comply with state or
federal regulations as to affirmative action and the
utilization of small and minority businesses in construction
and procurement contracts.
(Source: P.A. 100-882, eff. 8-14-18.)
(70 ILCS 2605/11.5) (from Ch. 42, par. 331.5)
Sec. 11.5. In the event of an emergency affecting the
public health or safety, so declared by action of the board of
trustees, which declaration shall describe the nature of the
injurious effect upon the public health or safety, contracts
may be let to the extent necessary to resolve such emergency

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without public advertisement. The declaration shall fix the
date upon which such emergency shall terminate. The date may
be extended or abridged by the board of trustees as in its
judgment the circumstances require.
The executive director appointed in accordance with
Section 4 of this Act shall authorize in writing and certify to
the director of procurement and materials management those
officials or employees of the several departments of the
sanitary district who may purchase in the open market without
filing a requisition or estimate therefor, and without
advertisement, any supplies, materials, equipment or services,
for immediate delivery to meet bona fide operating emergencies
where the amount thereof is not in excess of $100,000 $50,000;
provided, that the director of procurement and materials
management shall be notified of such emergency. A full written
account of any such emergency together with a requisition for
the materials, supplies, equipment or services required
therefor shall be submitted immediately by the requisitioning
agent to the executive director and such report and
requisition shall be submitted to the director of procurement
and materials management and shall be open to public
inspection for a period of at least one year subsequent to the
date of such emergency purchase. The exercise of authority in
respect to purchases for such bona fide operating emergencies
shall not be dependent upon a declaration of emergency by the
board of trustees under the first paragraph of this Section.

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