Bill Text: IL SB3478 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Fire Protection District Act. Provides that any procurement by a board of trustees involving the acquisition, by direct or beneficial ownership, of improvements to real estate by a fire protection district which results in an expenditure of district funds in excess of $20,000 must be competitively bid.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3478 Detail]

Download: Illinois-2019-SB3478-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3478 Introduced 2/13/2020, by Sen. Chuck Weaver SYNOPSIS AS INTRODUCED:
70 ILCS 705/11k
Amends the Fire Protection District Act. Provides that any procurement by a board of trustees involving the acquisition, by direct or beneficial ownership, of improvements to real estate by a fire protection district which results in an expenditure of district funds in excess of $20,000 must be competitively bid.
LRB101 20045 AWJ 69576 b
FISCAL NOTE ACT MAY APPLY
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 Fire Protection District Act is amended by
changing Section 11k as follows:
(70 ILCS 705/11k)
Sec. 11k. Competitive bidding; notice requirements.
(a) The board of trustees shall have the power to acquire
by gift, legacy, or purchase any personal property necessary
for its corporate purposes provided that all contracts for
supplies, materials, or work involving an expenditure in excess
of $20,000 shall be let to the lowest responsible bidder after
advertising as required under subsection (b) of this Section.
The board is not required to accept a bid that does not meet
the district'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;

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(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, or which involve proprietary
parts or technology not otherwise available;
(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 district 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,
reports, and online subscriptions.

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Contracts for emergency expenditures are also exempt from
competitive bidding when the emergency expenditure is approved
by a vote of 3/4 of the members of the board.
(b) Except as otherwise provided in subsection (a) of this
Section, all proposals to award contracts involving amounts in
excess of $20,000 shall be published at least 10 days,
excluding Sundays and legal holidays, in advance of the date
announced for the receiving of bids, in a secular English
language newspaper of general circulation throughout the
district. In addition, a fire protection district that has a
website that the full-time staff of the district maintains
shall post notice on its website of all proposals to award
contracts in excess of $20,000. Advertisements for bids shall
describe the character of the proposed contract or agreement in
sufficient detail to enable the bidders thereon to know what
their obligations will be, either in the advertisement itself,
or by reference to detailed plans and specifications on file at
the time of the publication of the first announcement. Such
advertisement shall also state the date, time and place
assigned for the opening of bids, and no bids shall be received
at any time subsequent to the time indicated in the
announcement. All competitive bids for contracts involving an
expenditure in excess of $20,000 must be sealed by the bidder
and must be opened by a member of the board or an employee of
the district at a public bid opening at which the contents of
the bids must be announced. Each bidder must receive at least 3

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days' days notice of the time and place of the bid opening.
(c) In addition to contracts entered into under the
Governmental Joint Purchasing Act, a board of trustees may
enter into contracts for supplies, materials, or work involving
an expenditure in excess of $20,000 through participation in a
joint governmental or nongovernmental purchasing program that
requires as part of its selection procedure a competitive
solicitation and procurement process.
(d) Subject to the exceptions under subsections (a) and
(c), any procurement by a board of trustees involving the
acquisition, by direct or beneficial ownership, of
improvements to real estate by a fire protection district which
results in an expenditure of district funds in excess of
$20,000 must be competitively bid in accordance with the
procedures of subsection (b).
(Source: P.A. 101-41, eff. 7-12-19; 101-139, eff. 7-26-19;
revised 8-19-19.)