Bill Text: IL HB1626 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Amends the Fire Protection District Act. Changes the requirement for competitive bidding for fire protection district contracts to contracts over $30,000 (currently, over $20,000).
Spectrum: Bipartisan Bill
Status: (Engrossed) 2023-03-24 - Referred to Assignments [HB1626 Detail]
Download: Illinois-2023-HB1626-Engrossed.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Fire Protection District Act is amended by | ||||||
5 | changing Section 11k as follows:
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6 | (70 ILCS 705/11k) | ||||||
7 | Sec. 11k. Competitive bidding; notice requirements. | ||||||
8 | (a) The board of trustees shall have the power to acquire | ||||||
9 | by gift, legacy, or purchase any personal property necessary | ||||||
10 | for its corporate purposes provided that all contracts for | ||||||
11 | supplies, materials, or work involving an expenditure in | ||||||
12 | excess of $30,000 $20,000 shall be let to the lowest | ||||||
13 | responsible bidder after advertising as required under | ||||||
14 | subsection (b) of this Section. The board is not required to | ||||||
15 | accept a bid that does not meet the district's established | ||||||
16 | specifications, terms of delivery, quality, and serviceability | ||||||
17 | requirements. Contracts which, by their nature, are not | ||||||
18 | adapted to award by competitive bidding, are not subject to | ||||||
19 | competitive bidding, including, but not limited to: | ||||||
20 | (1) contracts for the services of individuals | ||||||
21 | possessing a high degree of professional skill where the | ||||||
22 | ability or fitness of the individual plays an important | ||||||
23 | part; |
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1 | (2) contracts for the printing of finance committee | ||||||
2 | reports and departmental reports; | ||||||
3 | (3) contracts for the printing or engraving of bonds, | ||||||
4 | tax warrants, and other evidences of indebtedness; | ||||||
5 | (4) contracts for the maintenance or servicing of, or | ||||||
6 | provision of repair parts for, equipment which are made | ||||||
7 | with the manufacturer or authorized service agent of that | ||||||
8 | equipment where the provision of parts, maintenance, or | ||||||
9 | servicing can best be performed by the manufacturer or | ||||||
10 | authorized service agent, or which involve proprietary | ||||||
11 | parts or technology not otherwise available; | ||||||
12 | (5) purchases and contracts for the use, purchase, | ||||||
13 | delivery, movement, or installation of data processing | ||||||
14 | equipment, software, or services and telecommunications | ||||||
15 | and interconnect equipment, software, and services; | ||||||
16 | (6) contracts for duplicating machines and supplies; | ||||||
17 | (7) contracts for utility services such as water, | ||||||
18 | light, heat, telephone or telegraph; | ||||||
19 | (8) contracts for goods or services procured from | ||||||
20 | another governmental agency; | ||||||
21 | (9) purchases of equipment previously owned by some | ||||||
22 | entity other than the district itself; and | ||||||
23 | (10) contracts for goods or services which are | ||||||
24 | economically procurable from only one source, such as for | ||||||
25 | the purchase of magazines, books, periodicals, pamphlets, | ||||||
26 | reports, and online subscriptions. |
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1 | Contracts for emergency expenditures are also exempt from | ||||||
2 | competitive bidding when the emergency expenditure is approved | ||||||
3 | by a vote of 3/4 of the members of the board. | ||||||
4 | (b) Except as otherwise provided in subsection (a) of this | ||||||
5 | Section, all proposals to award contracts involving amounts in | ||||||
6 | excess of $30,000 $20,000 shall be published at least 10 days, | ||||||
7 | excluding Sundays and legal holidays, in advance of the date | ||||||
8 | announced for the receiving of bids, in a secular English | ||||||
9 | language newspaper of general circulation throughout the | ||||||
10 | district. In addition, a fire protection district that has a | ||||||
11 | website that the full-time staff of the district maintains | ||||||
12 | shall post notice on its website of all proposals to award | ||||||
13 | contracts in excess of $30,000 $20,000 . Advertisements for | ||||||
14 | bids shall describe the character of the proposed contract or | ||||||
15 | agreement in sufficient detail to enable the bidders thereon | ||||||
16 | to know what their obligations will be, either in the | ||||||
17 | advertisement itself, or by reference to detailed plans and | ||||||
18 | specifications on file at the time of the publication of the | ||||||
19 | first announcement. Such advertisement shall also state the | ||||||
20 | date, time and place assigned for the opening of bids, and no | ||||||
21 | bids shall be received at any time subsequent to the time | ||||||
22 | indicated in the announcement. All competitive bids for | ||||||
23 | contracts involving an expenditure in excess of $30,000 | ||||||
24 | $20,000 must be sealed by the bidder and must be opened by a | ||||||
25 | member of the board or an employee of the district at a public | ||||||
26 | bid opening at which the contents of the bids must be |
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1 | announced. Each bidder must receive at least 3 days' notice of | ||||||
2 | the time and place of the bid opening.
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3 | (c) In addition to contracts entered into under the | ||||||
4 | Governmental Joint Purchasing Act, a board of trustees may | ||||||
5 | enter into contracts for supplies, materials, or work | ||||||
6 | involving an expenditure in excess of $30,000 $20,000 through | ||||||
7 | participation in a joint governmental or nongovernmental | ||||||
8 | purchasing program that requires as part of its selection | ||||||
9 | procedure a competitive solicitation and procurement process. | ||||||
10 | (d) Subject to the exceptions under subsections (a) and | ||||||
11 | (c), any procurement by a board of trustees involving the | ||||||
12 | acquisition, by direct or beneficial ownership, of | ||||||
13 | improvements to real estate by a fire protection district | ||||||
14 | which results in an expenditure of district funds in excess of | ||||||
15 | $30,000 $20,000 must be competitively bid in accordance with | ||||||
16 | the procedures of subsection (b). | ||||||
17 | (Source: P.A. 101-41, eff. 7-12-19; 101-139, eff. 7-26-19; | ||||||
18 | 102-138, eff. 1-1-22; 102-558, eff 8-20-21 .)
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