Bill Text: IL HB4440 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Counties Code. Provides that a county may establish goals to promote minority-owned and operated businesses, women-owned and operated businesses, businesses owned and operated by persons with disabilities, and businesses located within the county.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB4440 Detail]

Download: Illinois-2023-HB4440-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4440 Introduced , by Rep. William "Will" Davis SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-1022
Amends the Counties Code. Provides that a county may establish goals to promote minority-owned and operated businesses, women-owned and operated businesses, businesses owned and operated by persons with disabilities, and businesses located within the county.
LRB103 34754 AWJ 64603 b
A BILL FOR
HB4440 LRB103 34754 AWJ 64603 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 Counties Code is amended by changing
Section 5-1022 as follows:
(55 ILCS 5/5-1022)
(Text of Section before amendment by P.A. 103-14)
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 $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; or .
(3) by a contract let without advertising for bids in
the case of the expedited replacement of a disabled,
inoperable, or damaged patrol vehicle of the sheriff's

HB4440 - 2 - LRB103 34754 AWJ 64603 b
department 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
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.

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(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
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

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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. 103-286, eff. 7-28-23; revised 9-7-23.)
(Text of Section after amendment by P.A. 103-14)
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 $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; or .
(3) by a contract let without advertising for bids in
the case of the expedited replacement of a disabled,
inoperable, or damaged patrol vehicle of the sheriff's
department 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

HB4440 - 5 - LRB103 34754 AWJ 64603 b
specifications; their suitability to the requirements of the
county; the availability of support services; the uniqueness
of the service, materials, equipment, or supplies as it
applies to networked, integrated computer systems; the
compatibility to existing equipment; and the delivery terms.
In addition, the county board may take into consideration the
bidder's active participation in an applicable apprenticeship
program registered with the United States Department of Labor.
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.

HB4440 - 6 - LRB103 34754 AWJ 64603 b
(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
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

HB4440 - 7 - LRB103 34754 AWJ 64603 b
bidder or contractor acknowledges that the county may declare
the contract void if the certification completed pursuant to
this subsection (f) is false.
(g) A county may establish goals for the procurement of
goods and services to promote and encourage the continuing
economic development of:
(1) minority-owned and operated businesses;
(2) women-owned and operated businesses;
(3) businesses owned and operated by persons with
disabilities; and
(4) businesses located within the county.
(Source: P.A. 103-14, eff. 1-1-24; 103-286, eff. 7-28-23;
revised 9-7-23.)