Bill Amendment: IL HB0547 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: MUNI CD-CONTRACT EXPENDITURES

Status: 2017-08-25 - Public Act . . . . . . . . . 100-0338 [HB0547 Detail]

Download: Illinois-2017-HB0547-House_Amendment_002.html

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Rep. Michael J. Zalewski

Filed: 2/22/2017

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AMENDMENT TO HOUSE BILL 547
AMENDMENT NO. ______. Amend House Bill 547 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Municipal Code is amended by
changing Sections 4-5-11 and 8-9-1 as follows:
(65 ILCS 5/4-5-11) (from Ch. 24, par. 4-5-11)
Sec. 4-5-11. Except as otherwise provided, all contracts,
of whatever character, pertaining to public improvement, or to
the maintenance of the public property of a municipality
involving an outlay of $10,000 or more, shall be based upon
specifications to be approved by the council. Any work or other
public improvement which is not to be paid for in whole or in
part by special assessment or special taxation, when the
expense thereof will exceed $25,000 $20,000, shall be
constructed as follows:
(1) By a contract let to the lowest responsible bidder

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after advertising for bids, in the manner prescribed by
ordinance, except that any such contract may be entered
into by the proper officers without advertising for bids,
if authorized by a vote of 4 of the 5 council members
elected; or
(2) In the following manner, if authorized by a vote of
4 of the 5 council members elected: the commissioner of
public works or other proper officers to be designated by
ordinance, shall superintend and cause to be carried out
the construction of the work or other public improvement
and shall employ exclusively for the performance of all
manual labor thereon, laborers and artisans whom the city
or village shall pay by the day or hour, but all material
of the value of $25,000 $20,000 and upward used in the
construction of the work or other public improvement, shall
be purchased by contract let to the lowest responsible
bidder in the manner to be prescribed by ordinance.
Nothing contained in this Section shall apply to any
contract by a municipality with the United States of America or
any agency thereof.
(Source: P.A. 94-435, eff. 8-2-05.)
(65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)
Sec. 8-9-1. In municipalities of less than 500,000 except
as otherwise provided in Articles 4 and 5 any work or other
public improvement which is not to be paid for in whole or in

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part by special assessment or special taxation, when the
expense thereof will exceed $25,000 $20,000, shall be
constructed either (1) by a contract let to the lowest
responsible bidder after advertising for bids, in the manner
prescribed by ordinance, except that any such contract may be
entered into by the proper officers without advertising for
bids, if authorized by a vote of two-thirds of all the aldermen
or trustees then holding office; or (2) in the following
manner, if authorized by a vote of two-thirds of all the
aldermen or trustees then holding office, to-wit: the
commissioner of public works or other proper officers to be
designated by ordinance, shall superintend and cause to be
carried out the construction of the work or other public
improvement and shall employ exclusively for the performance of
all manual labor thereon, laborers and artisans whom the
municipality shall pay by the day or hour; and all material of
the value of $25,000 $20,000 and upward used in the
construction of the work or other public improvement, shall be
purchased by contract let to the lowest responsible bidder in
the manner to be prescribed by ordinance. However, nothing
contained in this section shall apply to any contract by a
city, village or incorporated town with the federal government
or any agency thereof.
In every city which has adopted Division 1 of Article 10,
every such laborer or artisan shall be certified by the civil
service commission to the commissioner of public works or other

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proper officers, in accordance with the requirement of that
division.
In municipalities of 500,000 or more population the letting
of contracts for work or other public improvements of the
character described in this section shall be governed by the
provisions of Division 10 of this Article 8.
(Source: P.A. 94-435, eff. 8-2-05.)
Section 10. The Illinois Local Library Act is amended by
changing Section 5-5 as follows:
(75 ILCS 5/5-5) (from Ch. 81, par. 5-5)
Sec. 5-5. When the board determines to commence the
construction of the building or the remodeling, repairing or
improving of an existing library building or the erection of an
addition thereto, the purchase of the necessary equipment for
such library, or the acquisition of library materials such as
books, periodicals, recordings and electronic data storage and
retrieval facilities in connection with either the purchase or
construction of a new library building or the expansion of an
existing library building, they may then revise the plan
therefor or adopt a new plan and provide estimates of the costs
thereof, and shall, when the cost is in excess of $25,000
$20,000, advertise for bids for the construction of the
building, or the remodeling, repairing or improving of an
existing library building or the erection of an addition

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thereto, or the purchase of the necessary equipment for such
library, or the acquisition of library materials such as books,
periodicals, recordings and electronic data storage and
retrieval facilities in connection with either the purchase or
construction of a new library building or the expansion of an
existing library building, and shall let the contract or
contracts for the same, when the cost is in excess of $25,000
$20,000, to the lowest responsible bidder or bidders.
The board shall not be required to accept a bid that does
not meet the library'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;
(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

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servicing can best be performed by the manufacturer or
authorized service agent;
(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 library 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,
and reports.
Contracts for emergency expenditures are also exempt from
competitive bidding when the emergency expenditure is approved
by 3/4 of the members of the board.
The board shall require from such bidders security for the
performance of the bids determined by the board pursuant to
law. The board may let the contract or contracts to one or more
bidders, as they shall determine.
(Source: P.A. 98-952, eff. 1-1-15.)

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Section 15. The Public Library District Act of 1991 is
amended by changing Section 40-45 as follows:
(75 ILCS 16/40-45)
Sec. 40-45. Bids for construction, improvements, or
equipment purchases.
(a) When the trustees determine to commence constructing
the building, purchasing a site or a building, remodeling,
repairing, or improving an existing library building, erecting
an addition to an existing library building, or purchasing the
necessary equipment for the library, they may then revise the
plan or adopt a new plan and provide estimates of the costs of
the revised or new plan.
(b) The board shall, when the cost is in excess of $25,000
$20,000, advertise for bids for constructing the building,
remodeling, repairing, or improving of an existing library
building, erecting an addition to an existing library building,
or purchasing the necessary equipment for the library and shall
let the contract or contracts for the project, when the cost is
in excess of $25,000 $20,000, to the lowest responsible bidder
or bidders. The board shall not be required to accept a bid
that does not meet the library'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:

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(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;
(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;
(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 library itself; and
(10) contracts for goods or services which are

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economically procurable from only one source, such as for
the purchase of magazines, books, periodicals, pamphlets,
and reports.
Contracts for emergency expenditures are also exempt from
competitive bidding when the emergency expenditure is approved
by 3/4 of the members of the board.
The board shall require from the bidders security for the
performance of the bids determined by the board pursuant to
law. The trustees may let the contract or contracts to one or
more bidders as they determine.
(Source: P.A. 98-952, eff. 1-1-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.".