Bill Text: IL HB4393 | 2021-2022 | 102nd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with the following changes: Includes requirements for the resolution to include the identity of an officer or director of the bidder who is a family member of a board member, is a person with whom a board member maintains a close economic association, or is a person with whom a board member maintains a close political association. Defines terms. In the Township Code, Illinois Municipal Code, and the Illinois Highway Code, provides that, if an entity is eligible to be paid for or reimbursed, in whole or in part, with federal-aid funds, grants, or loans, and the provisions would result in the loss of those federal-aid funds, grants, or loans, then the contract is exempt from the requirements of the provisions in order to remain eligible for those federal-aid funds, grants, or loans. In the School Code provisions, adds language providing that a school board that awards a competitively bid contract in excess of $25,000 to a third party for non-instructional services currently performed by an employee or bargaining unit member may only award such a contract to the lowest responsible bidder. Amends the Public Community College Act making similar changes made to the other Acts in the bill.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed - Dead) 2022-03-04 - Referred to Assignments [HB4393 Detail]

Download: Illinois-2021-HB4393-Engrossed.html

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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 Township Code is amended by changing
Sections 85-30 and 205-105 as follows:
(60 ILCS 1/85-30)
Sec. 85-30. Purchases; bids. Any purchase by a township
for services, materials, equipment, or supplies in excess of
$20,000 (other than professional services) shall be contracted
for in one of the following ways:
(1) By a contract let to the lowest responsible bidder
or the best value bidder after advertising for bids at
least once (i) in a newspaper published within the
township, or (ii) if no newspaper is published within the
township, then in one published within the county, or
(iii) if no newspaper is published within the county, then
in a newspaper having general circulation within the
township.
(2) By a contract let without advertising for bids in
the case of an emergency if authorized by the township
board.
A township board that awards a contract to a best value
bidder must approve the contract by resolution that states

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with specificity the reasons why the bidder is the best value
bidder. The resolution must include the identity of an officer
or director of the bidder who is a family member of a board
member, is a person with whom a board member maintains a close
economic association, or is a person with whom a board member
maintains a close political association.
As used in this Section:
"Best value" means the result determined by a procurement
method that considers price and other criteria reflecting an
objective and quantifiable analysis, including consideration
of some or all of the following factors: (1) the quality of the
bidder's performance on previous projects; (2) the timeliness
of the bidder's performance on previous projects; (3) the
level of customer satisfaction with the bidder's performance
on previous projects; (4) the bidder's record of performing
previous projects on budget and ability to minimize cost
overruns; (5) the bidder's ability to minimize change orders;
(6) the bidder's ability to prepare appropriate project plans;
(7) the bidder's technical capabilities; (8) the individual
qualifications of the bidder's key personnel; (9) the bidder's
ability to assess and minimize risks; (10) the bidder's
ability to meet the goals established by the township board
for the awarding of contracts to minority-owned businesses,
women-owned businesses, and businesses owned by persons with
disabilities; and (11) maintenance costs and life span of the
project.

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"Family member" means a board member's spouse, children,
step-children, parents, step-parents, siblings,
step-siblings, half-siblings, sons-in-law, daughters-in-law,
grandparents, and grandchildren, as well as the parents and
grandparents of the board member's spouse and a person living
with the board member.
"Person with whom a board member maintains a close
economic association" means a person associated with the board
member in a partnership, association or professional service
corporation, whether as partner, officer, employee, associate,
or otherwise.
"Person with whom a board member maintains a close
political association" means a person who has made a campaign
contribution to a political committee supporting a board
member or a political committee of which a board member is an
officer, is a candidate or is an officer of a political
committee that has received a campaign contribution from a
board member, or is an officer of a political committee
supporting a board member.
This Section does not apply to contracts by a township
with the federal government.
If a township is eligible to be paid from or reimbursed
with federal-aid funds, grants, or loans, in whole or in part,
and the letting of a contract to the best value bidder under
this Section would result in the loss of those federal-aid
funds, grants, or loans, then the contract shall be let to the

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lowest responsible bidder in accordance with this Section.
(Source: P.A. 94-435, eff. 8-2-05.)
(60 ILCS 1/205-105)
Sec. 205-105. Construction contracts; bids.
(a) All contracts for construction work whose estimated
cost will exceed $20,000 shall be let to the lowest
responsible bidder or the best value bidder after publication
of notice for bids. Notice for bids shall be published once in
a newspaper published and having general circulation in the
township, if there is one. If there is no such newspaper,
notice for bids shall be published in a newspaper published
and having general circulation in the county. Notice for bids
shall be published at least 10 days before the date set for
receiving bids. Bids shall be opened and publicly read, and an
award shall be made to the lowest responsible bidder or the
best value bidder within 15 days after the receipt of bids.
A township board that awards a contract to a best value
bidder must approve the contract by resolution that states
with specificity the reasons why the bidder is the best value
bidder. The resolution must include the identity of an officer
or director of the bidder who is a family member of a board
member, is a person with whom a board member maintains a close
economic association, or is a person with whom a board member
maintains a close political association.
As used in this Section:

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"Best value" means the result determined by a procurement
method that considers price and other criteria reflecting an
objective and quantifiable analysis, including consideration
of some or all of the following factors: (1) the quality of the
bidder's performance on previous projects; (2) the timeliness
of the bidder's performance on previous projects; (3) the
level of customer satisfaction with the bidder's performance
on previous projects; (4) the bidder's record of performing
previous projects on budget and ability to minimize cost
overruns; (5) the bidder's ability to minimize change orders;
(6) the bidder's ability to prepare appropriate project plans;
(7) the bidder's technical capabilities; (8) the individual
qualifications of the bidder's key personnel; (9) the bidder's
ability to assess and minimize risks; (10) the bidder's
ability to meet the goals established by the township board
for the awarding of contracts to minority-owned businesses,
women-owned businesses, and businesses owned by persons with
disabilities; and (11) maintenance costs and life span of the
project.
"Family member" means a board member's spouse, children,
step-children, parents, step-parents, siblings,
step-siblings, half-siblings, sons-in-law, daughters-in-law,
grandparents, and grandchildren, as well as the parents and
grandparents of the board member's spouse and a person living
with the board member.
"Person with whom a board member maintains a close

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economic association" means a person associated with the board
member in a partnership, association or professional service
corporation, whether as partner, officer, employee, associate,
or otherwise.
"Person with whom a board member maintains a close
political association" means a person who has made a campaign
contribution to a political committee supporting a board
member or a political committee of which a board member is an
officer, is a candidate or is an officer of a political
committee that has received a campaign contribution from a
board member, or is an officer of a political committee
supporting a board member.
(b) This Section shall not apply to engineering, legal, or
other professional services, but it shall apply to the
purchase of equipment unless the township board, by a
resolution adopted by a three-fourths vote, determines that it
is for the best interests of the township that advertising for
bids for the equipment be dispensed with.
(c) If a township is eligible to be paid from or reimbursed
with federal-aid funds, grants, or loans, in whole or in part,
and the letting of a contract to the best value bidder under
this Section would result in the loss of those federal-aid
funds, grants, or loans, then the contract shall be let to the
lowest responsible bidder in accordance with this Section.
(Source: P.A. 95-300, eff. 8-20-07.)

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Section 10. 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, shall be constructed as
follows:
(1) By a contract let to the lowest responsible bidder
or the best value 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 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

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or village shall pay by the day or hour, but all material
of the value of $25,000 and upward used in the
construction of the work or other public improvement,
shall be purchased by contract let to the lowest
responsible bidder or the best value bidder in the manner
to be prescribed by ordinance.
A city council that awards a contract to a best value
bidder must approve the contract by resolution that states
with specificity the reasons why the bidder is the best value
bidder. The resolution must include the identity of an officer
or director of the bidder who is a family member of a city
council member, is a person with whom a city council member
maintains a close economic association, or is a person with
whom a city council member maintains a close political
association.
As used in this Section:
"Best value" means the result determined by a procurement
method that considers price and other criteria reflecting an
objective and quantifiable analysis, including consideration
of some or all of the following factors: (1) the quality of the
bidder's performance on previous projects; (2) the timeliness
of the bidder's performance on previous projects; (3) the
level of customer satisfaction with the bidder's performance
on previous projects; (4) the bidder's record of performing
previous projects on budget and ability to minimize cost
overruns; (5) the bidder's ability to minimize change orders;

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(6) the bidder's ability to prepare appropriate project plans;
(7) the bidder's technical capabilities; (8) the individual
qualifications of the bidder's key personnel; (9) the bidder's
ability to assess and minimize risks; (10) the bidder's
ability to meet the goals established by the city council for
the awarding of contracts to minority-owned businesses,
women-owned businesses, and businesses owned by persons with
disabilities; and (11) maintenance costs and life span of the
project.
"Family member" means a city council member's spouse,
children, step-children, parents, step-parents, siblings,
step-siblings, half-siblings, sons-in-law, daughters-in-law,
grandparents, and grandchildren, as well as the parents and
grandparents of the city council member's spouse and a person
living with the city council member.
"Person with whom a city council member maintains a close
economic association" means a person associated with the city
council member in a partnership, association or professional
service corporation, whether as partner, officer, employee,
associate, or otherwise.
"Person with whom a city council member maintains a close
political association" means a person who has made a campaign
contribution to a political committee supporting a city
council member or a political committee of which a city
council member is an officer, is a candidate or is an officer
of a political committee that has received a campaign

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contribution from a city council member, or is an officer of a
political committee supporting a city council member.
Nothing contained in this Section shall apply to any
contract by a municipality with the United States of America
or any agency thereof.
If a municipality is eligible to be paid from or
reimbursed with federal-aid funds, grants, or loans, in whole
or in part, and the letting of a contract to the best value
bidder under this Section would result in the loss of those
federal-aid funds, grants, or loans, then the contract shall
be let to the lowest responsible bidder in accordance with
this Section.
(Source: P.A. 100-338, eff. 8-25-17.)
(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
part by special assessment or special taxation, when the
expense thereof will exceed $25,000, shall be constructed
either (1) by a contract let to the lowest responsible bidder
or the best value 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
alderpersons or trustees then holding office; or (2) in the

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following manner, if authorized by a vote of two-thirds of all
the alderpersons 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 and upward used in the construction of the
work or other public improvement, shall be purchased by
contract let to the lowest responsible bidder or the best
value 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.
A city council that awards a contract to a best value
bidder must approve the contract by resolution that states
with specificity the reasons why the bidder is the best value
bidder. The resolution must include the identity of an officer
or director of the bidder who is a family member of a city
council member, is a person with whom a city council member
maintains a close economic association, or is a person with
whom a city council member maintains a close political
association.
As used in this Section:
"Best value" means the result determined by a procurement

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method that considers price and other criteria reflecting an
objective and quantifiable analysis, including consideration
of some or all of the following factors: (1) the quality of the
bidder's performance on previous projects; (2) the timeliness
of the bidder's performance on previous projects; (3) the
level of customer satisfaction with the bidder's performance
on previous projects; (4) the bidder's record of performing
previous projects on budget and ability to minimize cost
overruns; (5) the bidder's ability to minimize change orders;
(6) the bidder's ability to prepare appropriate project plans;
(7) the bidder's technical capabilities; (8) the individual
qualifications of the bidder's key personnel; (9) the bidder's
ability to assess and minimize risks; (10) the bidder's
ability to meet the goals established by the city council for
the awarding of contracts to minority-owned businesses,
women-owned businesses, and businesses owned by persons with
disabilities; and (11) maintenance costs and life span of the
project.
"Family member" means a city council member's spouse,
children, step-children, parents, step-parents, siblings,
step-siblings, half-siblings, sons-in-law, daughters-in-law,
grandparents, and grandchildren, as well as the parents and
grandparents of the city council member's spouse and a person
living with the city council member.
"Person with whom a city council member maintains a close
economic association" means a person associated with the city

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council member in a partnership, association or professional
service corporation, whether as partner, officer, employee,
associate, or otherwise.
"Person with whom a city council member maintains a close
political association" means a person who has made a campaign
contribution to a political committee supporting a city
council member or a political committee of which a city
council member is an officer, is a candidate or is an officer
of a political committee that has received a campaign
contribution from a city council member, or is an officer of a
political committee supporting a city council member.
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 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.
If a municipality is eligible to be paid from or
reimbursed with federal-aid funds, grants, or loans, in whole
or in part, and the letting of a contract to the best value
bidder under this Section would result in the loss of those
federal-aid funds, grants, or loans, then the contract shall
be let to the lowest responsible bidder in accordance with

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this Section.
(Source: P.A. 102-15, eff. 6-17-21.)
Section 15. The Downstate Forest Preserve District Act is
amended by changing Section 8 as follows:
(70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
(Text of Section before amendment by P.A. 102-460)
Sec. 8. Powers and duties of corporate authority and
officers; contracts; salaries.
(a) The board shall be the corporate authority of such
forest preserve district and shall have power to pass and
enforce all necessary ordinances, rules and regulations for
the management of the property and conduct of the business of
such district. The president of such board shall have power to
appoint such employees as may be necessary. In counties with
population of less than 3,000,000, within 60 days after their
selection the commissioners appointed under the provisions of
Section 3a of this Act shall organize by selecting from their
members a president, vice president, secretary, treasurer and
such other officers as are deemed necessary who shall hold
office for the fiscal year in which elected and until their
successors are selected and qualify. In the one district in
existence on July 1, 1977, that is managed by an appointed
board of commissioners, the incumbent president and the other
officers appointed in the manner as originally prescribed in

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this Act shall hold such offices until the completion of their
respective terms or in the case of the officers other than
president until their successors are appointed by said
president, but in all cases not to extend beyond January 1,
1980 and until their successors are selected and qualify.
Thereafter, the officers shall be selected in the manner as
prescribed in this Section except that their first term of
office shall not expire until June 30, 1981 and until their
successors are selected and qualify.
(a-5) An officer selected pursuant to subsection (a) may
be removed, with or without cause, upon a motion adopted by an
affirmative vote of four-fifths of the board of the forest
preserve district. Upon adoption of a motion to remove an
officer: (i) the office becomes vacant and the former
officer's compensation shall be prorated to the date the
motion was approved; (ii) if the officer removed is the
president then the vice president immediately assumes the
duties of the president without president compensation and, if
the officer removed is the vice president, treasurer, or
secretary, then the president shall select an interim
appointee who shall serve until the next regularly scheduled
forest preserve district board meeting; and (iii) a new
officer shall be selected at the next regularly scheduled
forest preserve district board meeting. An officer removed
under this Section maintains his or her status as a member of
the forest preserve district board.

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(b) In any county, city, village, incorporated town or
sanitary district where the corporate authorities act as the
governing body of a forest preserve district, the person
exercising the powers of the president of the board shall have
power to appoint a secretary and an assistant secretary and
treasurer and an assistant treasurer and such other officers
and such employees as may be necessary. The assistant
secretary and assistant treasurer shall perform the duties of
the secretary and treasurer, respectively in case of death of
such officers or when such officers are unable to perform the
duties of their respective offices. All contracts for
supplies, material or work involving an expenditure in excess
of $25,000, or a lower amount if required by board policy,
shall be let to the lowest responsible bidder, after
advertising at least once in one or more newspapers of general
circulation within the district, excepting work requiring
personal confidence or necessary supplies under the control of
monopolies, where competitive bidding is impossible. Contracts
for supplies, material or work involving an expenditure of
$25,000, or a lower amount if required by board policy, or less
may be let without advertising for bids, but whenever
practicable, at least 3 competitive bids shall be obtained
before letting such contract. All contracts for supplies,
material or work shall be signed by the president of the board
of commissioners or by any such other officer as the board in
its discretion may designate.

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(c) The president of any board of commissioners appointed
under the provisions of Section 3a of this Act shall receive a
salary not to exceed the sum of $2500 per annum and the salary
of other members of the board so appointed shall not exceed
$1500 per annum. Salaries of the commissioners, officers and
employees shall be fixed by ordinance.
(d) Whenever a forest preserve district owns any personal
property that, in the opinion of three-fifths of the members
of the board of commissioners, is no longer necessary, useful
to, or for the best interests of the forest preserve district,
then three-fifths of the members of the board, at any regular
meeting or any special meeting called for that purpose by an
ordinance or resolution that includes a general description of
the personal property, may authorize the conveyance or sale of
that personal property in any manner that they may designate,
with or without advertising the sale.
(Source: P.A. 101-544, eff. 8-23-19.)
(Text of Section after amendment by P.A. 102-460)
Sec. 8. Powers and duties of corporate authority and
officers; contracts; salaries.
(a) The board shall be the corporate authority of such
forest preserve district and shall have power to pass and
enforce all necessary ordinances, rules and regulations for
the management of the property and conduct of the business of
such district. The president of such board shall have power to

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appoint such employees as may be necessary. In counties with
population of less than 3,000,000, within 60 days after their
selection the commissioners appointed under the provisions of
Section 3a of this Act shall organize by selecting from their
members a president, vice president, secretary, treasurer and
such other officers as are deemed necessary who shall hold
office for the fiscal year in which elected and until their
successors are selected and qualify. In the one district in
existence on July 1, 1977, that is managed by an appointed
board of commissioners, the incumbent president and the other
officers appointed in the manner as originally prescribed in
this Act shall hold such offices until the completion of their
respective terms or in the case of the officers other than
president until their successors are appointed by said
president, but in all cases not to extend beyond January 1,
1980 and until their successors are selected and qualify.
Thereafter, the officers shall be selected in the manner as
prescribed in this Section except that their first term of
office shall not expire until June 30, 1981 and until their
successors are selected and qualify.
(a-5) An officer selected pursuant to subsection (a) may
be removed, with or without cause, upon a motion adopted by an
affirmative vote of four-fifths of the board of the forest
preserve district. Upon adoption of a motion to remove an
officer: (i) the office becomes vacant and the former
officer's compensation shall be prorated to the date the

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motion was approved; (ii) if the officer removed is the
president then the vice president immediately assumes the
duties of the president without president compensation and, if
the officer removed is the vice president, treasurer, or
secretary, then the president shall select an interim
appointee who shall serve until the next regularly scheduled
forest preserve district board meeting; and (iii) a new
officer shall be selected at the next regularly scheduled
forest preserve district board meeting. An officer removed
under this Section maintains his or her status as a member of
the forest preserve district board.
(b) In any county, city, village, incorporated town or
sanitary district where the corporate authorities act as the
governing body of a forest preserve district, the person
exercising the powers of the president of the board shall have
power to appoint a secretary and an assistant secretary and
treasurer and an assistant treasurer and such other officers
and such employees as may be necessary. The assistant
secretary and assistant treasurer shall perform the duties of
the secretary and treasurer, respectively in case of death of
such officers or when such officers are unable to perform the
duties of their respective offices. All contracts for
supplies, material or work involving an expenditure in excess
of $30,000, or a lower amount if required by board policy,
shall be let to the lowest responsible bidder or the best value
bidder, after advertising at least once in one or more

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newspapers of general circulation within the district,
excepting work requiring personal confidence or necessary
supplies under the control of monopolies, where competitive
bidding is impossible, or as otherwise provided in the Forest
Preserve District and Conservation District Design-Build
Authorization Act. Contracts for supplies, material or work
involving an expenditure of $30,000, or a lower amount if
required by board policy, or less may be let without
advertising for bids, but whenever practicable, at least 3
competitive bids shall be obtained before letting such
contract. All contracts for supplies, material or work shall
be signed by the president of the board of commissioners or by
any such other officer as the board in its discretion may
designate.
A board that awards a contract to a best value bidder must
approve the contract by resolution that states with
specificity the reasons why the bidder is the best value
bidder. The resolution must include the identity of an officer
or director of the bidder who is a family member of a board
member, is a person with whom a board member maintains a close
economic association, or is a person with whom a board member
maintains a close political association.
As used in this Section:
"Best value" means the result determined by a procurement
method that considers price and other criteria reflecting an
objective and quantifiable analysis, including consideration

HB4393 Engrossed - 21 - LRB102 23518 AWJ 32700 b
of some or all of the following factors: (1) the quality of the
bidder's performance on previous projects; (2) the timeliness
of the bidder's performance on previous projects; (3) the
level of customer satisfaction with the bidder's performance
on previous projects; (4) the bidder's record of performing
previous projects on budget and ability to minimize cost
overruns; (5) the bidder's ability to minimize change orders;
(6) the bidder's ability to prepare appropriate project plans;
(7) the bidder's technical capabilities; (8) the individual
qualifications of the bidder's key personnel; (9) the bidder's
ability to assess and minimize risks; (10) the bidder's
ability to meet the goals established by the board for the
awarding of contracts to minority-owned businesses,
women-owned businesses, and businesses owned by persons with
disabilities; and (11) maintenance costs and life span of the
project.
"Family member" means a board member's spouse, children,
step-children, parents, step-parents, siblings,
step-siblings, half-siblings, sons-in-law, daughters-in-law,
grandparents, and grandchildren, as well as the parents and
grandparents of the board member's spouse and a person living
with the board member.
"Person with whom a board member maintains a close
economic association" means a person associated with the board
member in a partnership, association or professional service
corporation, whether as partner, officer, employee, associate,

HB4393 Engrossed - 22 - LRB102 23518 AWJ 32700 b
or otherwise.
"Person with whom a board member maintains a close
political association" means a person who has made a campaign
contribution to a political committee supporting a board
member or a political committee of which a board member is an
officer, is a candidate or is an officer of a political
committee that has received a campaign contribution from a
board member, or is an officer of a political committee
supporting a board member.
(c) The president of any board of commissioners appointed
under the provisions of Section 3a of this Act shall receive a
salary not to exceed the sum of $2500 per annum and the salary
of other members of the board so appointed shall not exceed
$1500 per annum. Salaries of the commissioners, officers and
employees shall be fixed by ordinance.
(d) Whenever a forest preserve district owns any personal
property that, in the opinion of three-fifths of the members
of the board of commissioners, is no longer necessary, useful
to, or for the best interests of the forest preserve district,
then three-fifths of the members of the board, at any regular
meeting or any special meeting called for that purpose by an
ordinance or resolution that includes a general description of
the personal property, may authorize the conveyance or sale of
that personal property in any manner that they may designate,
with or without advertising the sale.
(Source: P.A. 101-544, eff. 8-23-19; 102-460, eff. 6-1-22.)

HB4393 Engrossed - 23 - LRB102 23518 AWJ 32700 b
Section 20. The Park District Code is amended by changing
Section 8-1 as follows:
(70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
Sec. 8-1. General corporate powers. Every park district
shall, from the time of its organization, be a body corporate
and politic by the name set forth in the petition for its
organization, the specific name set forth in this Code, or the
name it may adopt under Section 8-9 and shall have and exercise
the following powers:
(a) To adopt a corporate seal and alter the same at
pleasure; to sue and be sued; and to contract in
furtherance of any of its corporate purposes.
(b)(1) To acquire by gift, legacy, grant or purchase,
or by condemnation in the manner provided for the exercise
of the power of eminent domain under the Eminent Domain
Act, any and all real estate, or rights therein necessary
for building, laying out, extending, adorning and
maintaining any such parks, boulevards and driveways, or
for effecting any of the powers or purposes granted under
this Code as its board may deem proper, whether such lands
be located within or without such district; but no park
district, except as provided in paragraph (2) of this
subsection, shall have any power of condemnation in the
manner provided for the exercise of the power of eminent

HB4393 Engrossed - 24 - LRB102 23518 AWJ 32700 b
domain under the Eminent Domain Act or otherwise as to any
real estate, lands, riparian rights or estate, or other
property situated outside of such district, but shall only
have power to acquire the same by gift, legacy, grant or
purchase, and such district shall have the same control of
and power over lands so acquired without the district as
over parks, boulevards and driveways within such district.
(2) In addition to the powers granted in paragraph (1)
of subsection (b), a park district located in more than
one county, the majority of its territory located in a
county over 450,000 in population and none of its
territory located in a county over 1,000,000 in
population, shall have condemnation power in the manner
provided for the exercise of the power of eminent domain
under the Eminent Domain Act or as otherwise granted by
law as to any and all real estate situated up to one mile
outside of such district which is not within the
boundaries of another park district.
(c) 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 $25,000, or a
lower amount if required by board policy, shall be let to
the lowest responsible bidder or the best value bidder
after due advertisement. No district shall be required to
accept a bid that does not meet the district's established

HB4393 Engrossed - 25 - LRB102 23518 AWJ 32700 b
specifications, terms of delivery, quality, and
serviceability requirements. Contracts which, by their
nature, are not adapted to award by competitive bidding,
such as 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, contracts for the printing of finance committee
reports and departmental reports, contracts for the
printing or engraving of bonds, tax warrants and other
evidences of indebtedness, contracts for utility services
such as water, light, heat, telephone or telegraph,
contracts for fuel (such as diesel, gasoline, oil,
aviation, or propane), lubricants, or other petroleum
products, contracts for the use, purchase, delivery,
movement, or installation of data processing equipment,
software, or services and telecommunications and
interconnect equipment, software, or services, contracts
for duplicating machines and supplies, contracts for goods
or services procured from another governmental agency,
purchases of equipment previously owned by some entity
other than the district itself, and contracts for the
purchase of magazines, books, periodicals, pamphlets and
reports are not subject to competitive bidding. 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.

HB4393 Engrossed - 26 - LRB102 23518 AWJ 32700 b
All competitive bids for contracts involving an
expenditure in excess of $25,000, or a lower amount if
required by board policy, must be sealed by the bidder and
must be opened by a member or employee of the park board at
a public bid opening at which the contents of the bids must
be announced. Each bidder must receive at least 3 days
notice of the time and place of the bid opening.
A park district board that awards a contract to a best
value bidder must approve the contract by resolution that
states with specificity the reasons why the bidder is the
best value bidder. The resolution must include the
identity of an officer or director of the bidder who is a
family member of a board member, is a person with whom a
board member maintains a close economic association, or is
a person with whom a board member maintains a close
political association.
For purposes of this subsection: ,
"Best value" means the result determined by a
procurement method that considers price and other criteria
reflecting an objective and quantifiable analysis,
including consideration of some or all of the following
factors: (1) the quality of the bidder's performance on
previous projects; (2) the timeliness of the bidder's
performance on previous projects; (3) the level of
customer satisfaction with the bidder's performance on
previous projects; (4) the bidder's record of performing

HB4393 Engrossed - 27 - LRB102 23518 AWJ 32700 b
previous projects on budget and ability to minimize cost
overruns; (5) the bidder's ability to minimize change
orders; (6) the bidder's ability to prepare appropriate
project plans; (7) the bidder's technical capabilities;
(8) the individual qualifications of the bidder's key
personnel; (9) the bidder's ability to assess and minimize
risks; (10) the bidder's ability to meet the goals
established by the board for the awarding of contracts to
minority-owned businesses, women-owned businesses, and
businesses owned by persons with disabilities; and (11)
maintenance costs and life span of the project.
"Due "due advertisement" includes, but is not limited
to, at least one public notice at least 10 days before the
bid date in a newspaper published in the district or, if no
newspaper is published in the district, in a newspaper of
general circulation in the area of the district.
"Family member" means a board member's spouse,
children, step-children, parents, step-parents, siblings,
step-siblings, half-siblings, sons-in-law,
daughters-in-law, grandparents, and grandchildren, as well
as the parents and grandparents of the board member's
spouse and a person living with the board member.
"Person with whom a board member maintains a close
economic association" means a person associated with the
board member in a partnership, association or professional
service corporation, whether as partner, officer,

HB4393 Engrossed - 28 - LRB102 23518 AWJ 32700 b
employee, associate, or otherwise.
"Person with whom a board member maintains a close
political association" means a person who has made a
campaign contribution to a political committee supporting
a board member or a political committee of which a board
member is an officer, is a candidate or is an officer of a
political committee that has received a campaign
contribution from a board member, or is an officer of a
political committee supporting a board member.
(d) To pass all necessary ordinances, rules and
regulations for the proper management and conduct of the
business of the board and district and to establish by
ordinance all needful rules and regulations for the
government and protection of parks, boulevards and
driveways and other property under its jurisdiction, and
to effect the objects for which such districts are formed.
(e) To prescribe such fines and penalties for the
violation of ordinances as it shall deem proper not
exceeding $1,000 for any one offense, which fines and
penalties may be recovered by an action in the name of such
district in the circuit court for the county in which such
violation occurred. The park district may also seek in the
action, in addition to or instead of fines and penalties,
an order that the offender be required to make restitution
for damage resulting from violations, and the court shall
grant such relief where appropriate. The procedure in such

HB4393 Engrossed - 29 - LRB102 23518 AWJ 32700 b
actions shall be the same as that provided by law for like
actions for the violation of ordinances in cities
organized under the general laws of this State, and
offenders may be imprisoned for non-payment of fines and
costs in the same manner as in such cities. All fines when
collected shall be paid into the treasury of such
district.
(f) To manage and control all officers and property of
such districts and to provide for joint ownership with one
or more cities, villages or incorporated towns of real and
personal property used for park purposes by one or more
park districts. In case of joint ownership, the terms of
the agreement shall be fair, just and equitable to all
parties and shall be set forth in a written agreement
entered into by the corporate authorities of each
participating district, city, village or incorporated
town.
(g) To secure grants and loans, or either, from the
United States Government, or any agency or agencies
thereof, for financing the acquisition or purchase of any
and all real estate, or rights therein, or for effecting
any of the powers or purposes granted under this Code as
its Board may deem proper.
(h) To establish fees for the use of facilities and
recreational programs of the districts and to derive
revenue from non-resident fees from their operations. Fees

HB4393 Engrossed - 30 - LRB102 23518 AWJ 32700 b
charged non-residents of such district need not be the
same as fees charged to residents of the district.
Charging fees or deriving revenue from the facilities and
recreational programs shall not affect the right to assert
or utilize any defense or immunity, common law or
statutory, available to the districts or their employees.
(i) To make contracts for a term exceeding one year,
but not to exceed 3 years, notwithstanding any provision
of this Code to the contrary, relating to: (1) the
employment of a park director, superintendent,
administrator, engineer, health officer, land planner,
finance director, attorney, police chief, or other officer
who requires technical training or knowledge; (2) the
employment of outside professional consultants such as
engineers, doctors, land planners, auditors, attorneys, or
other professional consultants who require technical
training or knowledge; (3) the provision of data
processing equipment and services; and (4) the purchase of
energy from a utility or an alternative retail electric
supplier. With respect to any contract made under this
subsection (i), the corporate authorities shall include in
the annual appropriation ordinance for each fiscal year an
appropriation of a sum of money sufficient to pay the
amount which, by the terms of the contract, is to become
due and payable during that fiscal year.
(j) To enter into licensing or management agreements

HB4393 Engrossed - 31 - LRB102 23518 AWJ 32700 b
with not-for-profit corporations organized under the laws
of this State to operate park district facilities if the
corporation covenants to use the facilities to provide
public park or recreational programs for youth.
(Source: P.A. 101-304, eff. 8-9-19.)
Section 25. 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, 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
thereto, or the purchase of the necessary equipment for such
library, or the acquisition of library materials such as

HB4393 Engrossed - 32 - LRB102 23518 AWJ 32700 b
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,
to the lowest responsible bidder or bidders or to the best
value 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
servicing can best be performed by the manufacturer or

HB4393 Engrossed - 33 - LRB102 23518 AWJ 32700 b
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.
A board that awards a contract to a best value bidder must
approve the contract by resolution that states with
specificity the reasons why the bidder is the best value

HB4393 Engrossed - 34 - LRB102 23518 AWJ 32700 b
bidder. The resolution must include the identity of an officer
or director of the bidder who is a family member of a board
member, is a person with whom a board member maintains a close
economic association, or is a person with whom a board member
maintains a close political association.
As used in this Section:
"Best value" means the result determined by a procurement
method that considers price and other criteria reflecting an
objective and quantifiable analysis, including consideration
of some or all of the following factors: (1) the quality of the
bidder's performance on previous projects; (2) the timeliness
of the bidder's performance on previous projects; (3) the
level of customer satisfaction with the bidder's performance
on previous projects; (4) the bidder's record of performing
previous projects on budget and ability to minimize cost
overruns; (5) the bidder's ability to minimize change orders;
(6) the bidder's ability to prepare appropriate project plans;
(7) the bidder's technical capabilities; (8) the individual
qualifications of the bidder's key personnel; (9) the bidder's
ability to assess and minimize risks; (10) the bidder's
ability to meet the goals established by the board for the
awarding of contracts to minority-owned businesses,
women-owned businesses, and businesses owned by persons with
disabilities; and (11) maintenance costs and life span of the
project.
"Family member" means a board member's spouse, children,

HB4393 Engrossed - 35 - LRB102 23518 AWJ 32700 b
step-children, parents, step-parents, siblings,
step-siblings, half-siblings, sons-in-law, daughters-in-law,
grandparents, and grandchildren, as well as the parents and
grandparents of the board member's spouse and a person living
with the board member.
"Person with whom a board member maintains a close
economic association" means a person associated with the board
member in a partnership, association or professional service
corporation, whether as partner, officer, employee, associate,
or otherwise.
"Person with whom a board member maintains a close
political association" means a person who has made a campaign
contribution to a political committee supporting a board
member or a political committee of which a board member is an
officer, is a candidate or is an officer of a political
committee that has received a campaign contribution from a
board member, or is an officer of a political committee
supporting a board member.
(Source: P.A. 100-338, eff. 8-25-17.)
Section 30. 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.

HB4393 Engrossed - 36 - LRB102 23518 AWJ 32700 b
(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,
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, to the lowest responsible bidder or
bidders or the best value 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

HB4393 Engrossed - 37 - LRB102 23518 AWJ 32700 b
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
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

HB4393 Engrossed - 38 - LRB102 23518 AWJ 32700 b
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.
A board that awards a contract to a best value bidder must
approve the contract by resolution that states with
specificity the reasons why the bidder is the best value
bidder. The resolution must include the identity of an officer
or director of the bidder who is a family member of a board
member, is a person with whom a board member maintains a close
economic association, or is a person with whom a board member
maintains a close political association.
As used in this Section:
"Best value" means the result determined by a procurement
method that considers price and other criteria reflecting an
objective and quantifiable analysis, including consideration
of some or all of the following factors: (1) the quality of the
bidder's performance on previous projects; (2) the timeliness
of the bidder's performance on previous projects; (3) the
level of customer satisfaction with the bidder's performance
on previous projects; (4) the bidder's record of performing
previous projects on budget and ability to minimize cost
overruns; (5) the bidder's ability to minimize change orders;
(6) the bidder's ability to prepare appropriate project plans;
(7) the bidder's technical capabilities; (8) the individual

HB4393 Engrossed - 39 - LRB102 23518 AWJ 32700 b
qualifications of the bidder's key personnel; (9) the bidder's
ability to assess and minimize risks; (10) the bidder's
ability to meet the goals established by the board for the
awarding of contracts to minority-owned businesses,
women-owned businesses, and businesses owned by persons with
disabilities; and (11) maintenance costs and life span of the
project.
"Family member" means a board member's spouse, children,
step-children, parents, step-parents, siblings,
step-siblings, half-siblings, sons-in-law, daughters-in-law,
grandparents, and grandchildren, as well as the parents and
grandparents of the board member's spouse and a person living
with the board member.
"Person with whom a board member maintains a close
economic association" means a person associated with the board
member in a partnership, association or professional service
corporation, whether as partner, officer, employee, associate,
or otherwise.
"Person with whom a board member maintains a close
political association" means a person who has made a campaign
contribution to a political committee supporting a board
member or a political committee of which a board member is an
officer, is a candidate or is an officer of a political
committee that has received a campaign contribution from a
board member, or is an officer of a political committee
supporting a board member.

HB4393 Engrossed - 40 - LRB102 23518 AWJ 32700 b
(Source: P.A. 100-338, eff. 8-25-17.)
Section 35. The School Code is amended by changing Section
10-20.21 as follows:
(105 ILCS 5/10-20.21)
Sec. 10-20.21. Contracts.
(a) To award all contracts for purchase of supplies and
materials or work involving an expenditure in excess of
$25,000 or a lower amount as required by board policy to the
lowest responsible bidder or the best value bidder,
considering conformity with specifications, terms of delivery,
quality and serviceability, after due advertisement, except
the following: (i) 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;
(ii) contracts for the printing of finance committee reports
and departmental reports; (iii) contracts for the printing or
engraving of bonds, tax warrants and other evidences of
indebtedness; (iv) contracts for the purchase of perishable
foods and perishable beverages; (v) contracts for materials
and work which have been awarded to the lowest responsible
bidder or the best value bidder after due advertisement, but
due to unforeseen revisions, not the fault of the contractor
for materials and work, must be revised causing expenditures
not in excess of 10% of the contract price; (vi) contracts for

HB4393 Engrossed - 41 - LRB102 23518 AWJ 32700 b
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; (vii) 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; (viii) contracts for duplicating
machines and supplies; (ix) contracts for the purchase of
fuel, including diesel, gasoline, oil, aviation, natural gas,
or propane, lubricants, or other petroleum products; (x)
purchases of equipment previously owned by some entity other
than the district itself; (xi) contracts for repair,
maintenance, remodeling, renovation, or construction, or a
single project involving an expenditure not to exceed $50,000
and not involving a change or increase in the size, type, or
extent of an existing facility; (xii) contracts for goods or
services procured from another governmental agency; (xiii)
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, and for
utility services such as water, light, heat, telephone or
telegraph; (xiv) where funds are expended in an emergency and
such emergency expenditure is approved by 3/4 of the members
of the board; (xv) State master contracts authorized under

HB4393 Engrossed - 42 - LRB102 23518 AWJ 32700 b
Article 28A of this Code; and (xvi) contracts providing for
the transportation of pupils, which contracts must be
advertised in the same manner as competitive bids and awarded
by first considering the bidder or bidders most able to
provide safety and comfort for the pupils, stability of
service, and any other factors set forth in the request for
proposal regarding quality of service, and then price.
However, at no time shall a cause of action lie against a
school board for awarding a pupil transportation contract per
the standards set forth in this subsection (a) unless the
cause of action is based on fraudulent conduct.
A school board that awards a contract to a best value
bidder must approve the contract by resolution that states
with specificity the reasons why the bidder is the best value
bidder. The resolution must include the identity of an officer
or director of the bidder who is a family member of a board
member, is a person with whom a board member maintains a close
economic association, or is a person with whom a board member
maintains a close political association.
Notwithstanding a provision of this Section to the
contrary, a school board that awards a competitively bid
contract in excess of $25,000 to a third party for
non-instructional services currently performed by a employee
or bargaining unit member may only award such a contract to the
lowest responsible bidder.
As used in this Section:

HB4393 Engrossed - 43 - LRB102 23518 AWJ 32700 b
"Best value" means the result determined by a procurement
method that considers price and other criteria reflecting an
objective and quantifiable analysis, including consideration
of some or all of the following factors: (1) the quality of the
bidder's performance on previous projects; (2) the timeliness
of the bidder's performance on previous projects; (3) the
level of customer satisfaction with the bidder's performance
on previous projects; (4) the bidder's record of performing
previous projects on budget and ability to minimize cost
overruns; (5) the bidder's ability to minimize change orders;
(6) the bidder's ability to prepare appropriate project plans;
(7) the bidder's technical capabilities; (8) the individual
qualifications of the bidder's key personnel; (9) the bidder's
ability to assess and minimize risks; (10) the bidder's
ability to meet the goals established by the school board for
the awarding of contracts to minority-owned businesses,
women-owned businesses, and businesses owned by persons with
disabilities; and (11) maintenance costs and life span of the
project.
"Family member" means a board member's spouse, children,
step-children, parents, step-parents, siblings,
step-siblings, half-siblings, sons-in-law, daughters-in-law,
grandparents, and grandchildren, as well as the parents and
grandparents of the board member's spouse and a person living
with the board member.
"Person with whom a board member maintains a close

HB4393 Engrossed - 44 - LRB102 23518 AWJ 32700 b
economic association" means a person associated with the board
member in a partnership, association or professional service
corporation, whether as partner, officer, employee, associate,
or otherwise.
"Person with whom a board member maintains a close
political association" means a person who has made a campaign
contribution to a political committee supporting a board
member or a political committee of which a board member is an
officer, is a candidate or is an officer of a political
committee that has received a campaign contribution from a
board member, or is an officer of a political committee
supporting a board member.
All competitive bids for contracts involving an
expenditure in excess of $25,000 or a lower amount as required
by board policy must be sealed by the bidder and must be opened
by a member or employee of the school board at a public bid
opening at which the contents of the bids must be announced.
Each bidder must receive at least 3 days' notice of the time
and place of the bid opening. For purposes of this Section due
advertisement includes, but is not limited to, at least one
public notice at least 10 days before the bid date in a
newspaper published in the district, or if no newspaper is
published in the district, in a newspaper of general
circulation in the area of the district. State master
contracts and certified education purchasing contracts, as
defined in Article 28A of this Code, are not subject to the

HB4393 Engrossed - 45 - LRB102 23518 AWJ 32700 b
requirements of this paragraph.
Under this Section, the acceptance of bids sealed by a
bidder and the opening of these bids at a public bid opening
may be permitted by an electronic process for communicating,
accepting, and opening competitive bids. An electronic bidding
process must provide for, but is not limited to, the following
safeguards:
(1) On the date and time certain of a bid opening, the
primary person conducting the competitive, sealed,
electronic bid process shall log onto a specified database
using a unique username and password previously assigned
to the bidder to allow access to the bidder's specific bid
project number.
(2) The specified electronic database must be on a
network that (i) is in a secure environment behind a
firewall; (ii) has specific encryption tools; (iii)
maintains specific intrusion detection systems; (iv) has
redundant systems architecture with data storage back-up,
whether by compact disc or tape; and (v) maintains a
disaster recovery plan.
It is the legislative intent of Public Act 96-841 to maintain
the integrity of the sealed bidding process provided for in
this Section, to further limit any possibility of bid-rigging,
to reduce administrative costs to school districts, and to
effect efficiencies in communications with bidders.
(b) To require, as a condition of any contract for goods

HB4393 Engrossed - 46 - LRB102 23518 AWJ 32700 b
and services, that persons bidding for and awarded a contract
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 Section, 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 (b), 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 (b), 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.
To require that bids and contracts include 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 school board may declare the contract void if the

HB4393 Engrossed - 47 - LRB102 23518 AWJ 32700 b
certification completed pursuant to this subsection (b) is
false.
(b-5) To require all contracts and agreements that pertain
to goods and services and that are intended to generate
additional revenue and other remunerations for the school
district in excess of $1,000, including without limitation
vending machine contracts, sports and other attire, class
rings, and photographic services, to be approved by the school
board. The school board shall file as an attachment to its
annual budget a report, in a form as determined by the State
Board of Education, indicating for the prior year the name of
the vendor, the product or service provided, and the actual
net revenue and non-monetary remuneration from each of the
contracts or agreements. In addition, the report shall
indicate for what purpose the revenue was used and how and to
whom the non-monetary remuneration was distributed.
(b-10) To prohibit any contract to purchase food with a
bidder or offeror if the bidder's or offeror's contract terms
prohibit the school from donating food to food banks,
including, but not limited to, homeless shelters, food
pantries, and soup kitchens.
(c) If the State education purchasing entity creates a
master contract as defined in Article 28A of this Code, then
the State education purchasing entity shall notify school
districts of the existence of the master contract.
(d) In purchasing supplies, materials, equipment, or

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services that are not subject to subsection (c) of this
Section, before a school district solicits bids or awards a
contract, the district may review and consider as a bid under
subsection (a) of this Section certified education purchasing
contracts that are already available through the State
education purchasing entity.
(Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20.)
Section 40. The Public Community College Act is amended by
changing Section 3-27.1 as follows:
(110 ILCS 805/3-27.1) (from Ch. 122, par. 103-27.1)
Sec. 3-27.1. Contracts. To award all contracts for
purchase of supplies, materials or work involving an
expenditure in excess of $25,000 or a lower amount as required
by board policy to the lowest responsible bidder or the best
value bidder considering conformity with specifications, terms
of delivery, quality, and serviceability; after due
advertisement, except the following: (a) 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; (b) contracts for the
printing of finance committee reports and departmental
reports; (c) contracts for the printing or engraving of bonds,
tax warrants and other evidences of indebtedness; (d)
contracts for materials and work which have been awarded to

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the lowest responsible bidder or the best value bidder after
due advertisement, but due to unforeseen revisions, not the
fault of the contractor for materials and work, must be
revised causing expenditures not in excess of 10% of the
contract price; (e) 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; (f) purchases and contracts for the
use, purchase, delivery, movement, or installation of data
processing equipment, software, or services and
telecommunications and inter-connect equipment, software, and
services; (g) contracts for duplicating machines and supplies;
(h) contracts for the purchase of natural gas when the cost is
less than that offered by a public utility; (i) purchases of
equipment previously owned by some entity other than the
district itself; (j) contracts for repair, maintenance,
remodeling, renovation, or construction, or a single project
involving an expenditure not to exceed $50,000 and not
involving a change or increase in the size, type, or extent of
an existing facility; (k) contracts for goods or services
procured from another governmental agency; (l) 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, and for utility services

HB4393 Engrossed - 50 - LRB102 23518 AWJ 32700 b
such as water, light, heat, telephone or telegraph; (m) where
funds are expended in an emergency and such emergency
expenditure is approved by 3/4 of the members of the board; and
(n) contracts for the purchase of perishable foods and
perishable beverages.
A board that awards a contract to a best value bidder must
approve the contract by resolution that states with
specificity the reasons why the bidder is the best value
bidder. The resolution must include the identity of an officer
or director of the bidder who is a family member of a board
member, is a person with whom a board member maintains a close
economic association, or is a person with whom a board member
maintains a close political association.
As used in this Section:
"Best value" means the result determined by a procurement
method that considers price and other criteria reflecting an
objective and quantifiable analysis, including consideration
of some or all of the following factors: (1) the quality of the
bidder's performance on previous projects; (2) the timeliness
of the bidder's performance on previous projects; (3) the
level of customer satisfaction with the bidder's performance
on previous projects; (4) the bidder's record of performing
previous projects on budget and ability to minimize cost
overruns; (5) the bidder's ability to minimize change orders;
(6) the bidder's ability to prepare appropriate project plans;
(7) the bidder's technical capabilities; (8) the individual

HB4393 Engrossed - 51 - LRB102 23518 AWJ 32700 b
qualifications of the bidder's key personnel; (9) the bidder's
ability to assess and minimize risks; (10) the bidder's
ability to meet the goals established by the board for the
awarding of contracts to minority-owned businesses,
women-owned businesses, and businesses owned by persons with
disabilities; and (11) maintenance costs and life span of the
project.
"Family member" means a board member's spouse, children,
step-children, parents, step-parents, siblings,
step-siblings, half-siblings, sons-in-law, daughters-in-law,
grandparents, and grandchildren, as well as the parents and
grandparents of the board member's spouse and a person living
with the board member.
"Person with whom a board member maintains a close
economic association" means a person associated with the board
member in a partnership, association or professional service
corporation, whether as partner, officer, employee, associate,
or otherwise.
"Person with whom a board member maintains a close
political association" means a person who has made a campaign
contribution to a political committee supporting a board
member or a political committee of which a board member is an
officer, is a candidate or is an officer of a political
committee that has received a campaign contribution from a
board member, or is an officer of a political committee
supporting a board member.

HB4393 Engrossed - 52 - LRB102 23518 AWJ 32700 b
All competitive bids for contracts involving an
expenditure in excess of $25,000 or a lower amount as required
by board policy must be sealed by the bidder and must be opened
by a member or employee of the board at a public bid opening at
which the contents of the bids must be announced. Each bidder
must receive at least 3 days' notice of the time and place of
such bid opening. For purposes of this Section due
advertisement includes, but is not limited to, at least one
public notice at least 10 days before the bid date in a
newspaper published in the district, or if no newspaper is
published in the district, in a newspaper of general
circulation in the area of the district. Electronic bid
submissions shall be considered a sealed document for
competitive bid requests if they are received at the
designated office by the time and date set for receipt for
bids. However, bids for construction purposes are prohibited
from being submitted electronically. Electronic bid
submissions must be authorized by specific language in the bid
documents in order to be considered and must be opened in
accordance with electronic security measures in effect at the
community college at the time of opening. Unless the
electronic submission procedures provide for a secure receipt,
the vendor assumes the risk of premature disclosure due to
submission in an unsealed form.
The provisions of this Section do not apply to guaranteed
energy savings contracts entered into under Article V-A. The

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provisions of this Section do not prevent a community college
from complying with the terms and conditions of a grant, gift,
or bequest that calls for the procurement of a particular good
or service, provided that the grant, gift, or bequest provides
all funding for the contract, complies with all applicable
laws, and does not interfere with or otherwise impair any
collective bargaining agreements the community college may
have with labor organizations.
(Source: P.A. 97-1031, eff. 8-17-12; 98-269, eff. 1-1-14.)
Section 45. The Illinois Highway Code is amended by
changing Section 6-201.7 as follows:
(605 ILCS 5/6-201.7) (from Ch. 121, par. 6-201.7)
Sec. 6-201.7. Construct, maintain and repair and be
responsible for the construction, maintenance and repair of
roads within the district, let contracts, employ labor and
purchase material and machinery therefor, subject to the
limitations provided in this Code. Contracts, labor,
machinery, disposal, and incidental expenses related to
special services under Section 6-201.21 of this Code
constitute maintenance, for purposes of this Section.
Except for professional services, when the cost of
construction, materials, supplies, new machinery or equipment
exceeds $20,000, the contract for such construction,
materials, supplies, machinery or equipment shall be let to

HB4393 Engrossed - 54 - LRB102 23518 AWJ 32700 b
the lowest responsible bidder or the best value bidder after
advertising for bids at least once, and at least 10 days prior
to the time set for the opening of such bids, in a newspaper
published within the township or road district, or, if no
newspaper is published within the township or road district
then in one published within the county, or, if no newspaper is
published within the county then in a newspaper having general
circulation within the township or road district, but, in case
of an emergency, such contract may be let without advertising
for bids. For purposes of this Section "new machinery or
equipment" shall be defined as that which has been previously
untitled or that which shows fewer than 200 hours on its
operating clock and that is accompanied by a new equipment
manufacturer's warranty.
A highway commissioner that awards a contract to a best
value bidder must approve the contract by resolution that
states with specificity the reasons why the bidder is the best
value bidder. The resolution must include the identity of an
officer or director of the bidder who is a family member of the
commissioner, is a person with whom the commissioner maintains
a close economic association, or is a person with whom the
commissioner maintains a close political association.
If a road district is eligible to be paid from or
reimbursed with federal-aid funds, grants, or loans, in whole
or in part, and the letting of a contract to the best value
bidder under this Section would result in the loss of those

HB4393 Engrossed - 55 - LRB102 23518 AWJ 32700 b
federal-aid funds, grants, or loans, then the contract shall
be let to the lowest responsible bidder in accordance with
this Section.
As used in this Section:
"Best value" means the result determined by a procurement
method that considers price and other criteria reflecting an
objective and quantifiable analysis, including consideration
of some or all of the following factors: (1) the quality of the
bidder's performance on previous projects; (2) the timeliness
of the bidder's performance on previous projects; (3) the
level of customer satisfaction with the bidder's performance
on previous projects; (4) the bidder's record of performing
previous projects on budget and ability to minimize cost
overruns; (5) the bidder's ability to minimize change orders;
(6) the bidder's ability to prepare appropriate project plans;
(7) the bidder's technical capabilities; (8) the individual
qualifications of the bidder's key personnel; (9) the bidder's
ability to assess and minimize risks; (10) the bidder's
ability to meet the goals established by the commissioner for
the awarding of contracts to minority-owned businesses,
women-owned businesses, and businesses owned by persons with
disabilities; and (11) maintenance costs and life span of the
project.
"Family member" means the commissioner's spouse, children,
step-children, parents, step-parents, siblings,
step-siblings, half-siblings, sons-in-law, daughters-in-law,

HB4393 Engrossed - 56 - LRB102 23518 AWJ 32700 b
grandparents, and grandchildren, as well as the parents and
grandparents of the commissioner's spouse and a person living
with the commissioner.
"Person with whom the commissioner maintains a close
economic association" means a person associated with the
commissioner in a partnership, association or professional
service corporation, whether as partner, officer, employee,
associate, or otherwise.
"Person with whom the commissioner maintains a close
political association" means a person who has made a campaign
contribution to a political committee supporting the
commissioner or a political committee of which the
commissioner is an officer, is a candidate or is an officer of
a political committee that has received a campaign
contribution from the commissioner, or is an officer of a
political committee supporting the commissioner.
(Source: P.A. 93-109, eff. 7-8-03; 93-164, eff. 7-10-03;
93-610, eff. 11-18-03; 94-435, eff. 8-2-05.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.