Bill Text: IL HB3494 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Counties Code. Provides that any purchase by a county with fewer than 2,000,000 inhabitants of services, materials, equipment or supplies in excess of $50,000 (rather than $30,000), other than professional services, shall be let by competitive bidding or, for an emergency, let without advertising for bids by the county board. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3494 Detail]

Download: Illinois-2023-HB3494-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3494 Introduced , by Rep. Paul Jacobs SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-1022 from Ch. 34, par. 5-1022
Amends the Counties Code. Provides that any purchase by a county with fewer than 2,000,000 inhabitants of services, materials, equipment or supplies in excess of $50,000 (rather than $30,000), other than professional services, shall be let by competitive bidding or, for an emergency, let without advertising for bids by the county board. Effective immediately.
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A BILL FOR
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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 Counties Code is amended by changing
Section 5-1022 as follows:
(55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
Sec. 5-1022. Competitive bids.
(a) Any purchase by a county with fewer than 2,000,000
inhabitants of services, materials, equipment or supplies in
excess of $50,000 $30,000, other than professional services,
shall be contracted for in one of the following ways:
(1) by a contract let to the lowest responsible bidder
after advertising for bids in a newspaper published within
the county or, if no newspaper is published within the
county, then a newspaper having general circulation within
the county; or
(2) by a contract let without advertising for bids in
the case of an emergency if authorized by the county
board.
(b) In determining the lowest responsible bidder, the
county board shall take into consideration the qualities of
the articles supplied; their conformity with the
specifications; their suitability to the requirements of the

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county, availability of support services; uniqueness of the
service, materials, equipment, or supplies as it applies to
networked, integrated computer systems; compatibility to
existing equipment; and the delivery terms. The county board
also may take into consideration whether a bidder is a private
enterprise or a State-controlled enterprise and,
notwithstanding any other provision of this Section or a lower
bid by a State-controlled enterprise, may let a contract to
the lowest responsible bidder that is a private enterprise.
(c) This Section does not apply to contracts by a county
with the federal government or to purchases of used equipment,
purchases at auction or similar transactions which by their
very nature are not suitable to competitive bids, pursuant to
an ordinance adopted by the county board.
(d) Notwithstanding the provisions of this Section, a
county may let without advertising for bids in the case of
purchases and contracts, when individual orders do not exceed
$35,000, for the use, purchase, delivery, movement, or
installation of data processing equipment, software, or
services and telecommunications and inter-connect equipment,
software, and services.
(e) A county may require, as a condition of any contract
for goods and services, that persons awarded a contract with
the county and all affiliates of the person collect and remit
Illinois Use Tax on all sales of tangible personal property
into the State of Illinois in accordance with the provisions

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of the Illinois Use Tax Act regardless of whether the person or
affiliate is a "retailer maintaining a place of business
within this State" as defined in Section 2 of the Use Tax Act.
For purposes of this subsection (e), the term "affiliate"
means any entity that (1) directly, indirectly, or
constructively controls another entity, (2) is directly,
indirectly, or constructively controlled by another entity, or
(3) is subject to the control of a common entity. For purposes
of this subsection (e), an entity controls another entity if
it owns, directly or individually, more than 10% of the voting
securities of that entity. As used in this subsection (e), the
term "voting security" means a security that (1) confers upon
the holder the right to vote for the election of members of the
board of directors or similar governing body of the business
or (2) is convertible into, or entitles the holder to receive
upon its exercise, a security that confers such a right to
vote. A general partnership interest is a voting security.
(f) Bids submitted to, and contracts executed by, the
county may require a certification by the bidder or contractor
that the bidder or contractor is not barred from bidding for or
entering into a contract under this Section and that the
bidder or contractor acknowledges that the county may declare
the contract void if the certification completed pursuant to
this subsection (f) is false.
(Source: P.A. 95-331, eff. 8-21-07; 96-170, eff. 1-1-10.)
Section 99. Effective date. This Act takes effect upon

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becoming law.