Bill Text: IL SB2817 | 2017-2018 | 100th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the North Shore Water Reclamation District Act, the Sanitary District Act of 1917, the Metropolitan Water Reclamation District Act, and the Sanitary District Act of 1936. Increases mandatory competitive bid thresholds from $40,000 to $50,000, and provides that emergency contract cap dollar amounts may not be less than $50,000 (rather than $40,000). Provides that if a unit of local government performs non-emergency construction, alteration, repair, improvement, or maintenance work on the public way, a sanitary district may enter into an intergovernmental agreement with the unit of local government allowing similar construction work to be performed by the sanitary district on the same project, in an amount not in excess of $100,000. Amends the Metro-East Sanitary District Act of 1974 making similar changes relating to allowing the sanitary district to enter into intergovernmental agreements. Further amends the Metro-East Sanitary District Act of 1974. Provides that all contracts for work to be done and supplies and materials to be purchased by the sanitary district in an amount exceeding $20,000 (rather than $10,000) shall be let to the lowest responsible bidder and amounts under $20,000 (rather than $10,000) may be let without competitive bidding if it is not practical to competitively bid the work, supplies, or materials. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2018-08-14 - Public Act . . . . . . . . . 100-0882 [SB2817 Detail]

Download: Illinois-2017-SB2817-Enrolled.html

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SB2817 Enrolled LRB100 17561 AWJ 32731 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 10. The Sanitary District Act of 1917 is amended by
changing Section 11 as follows:
(70 ILCS 2405/11) (from Ch. 42, par. 310)
Sec. 11. Except as otherwise hereinafter provided, all
contracts for purchases or sales by a sanitary district
organized under this Act, the expense of which will exceed the
mandatory competitive bid threshold, shall be let to the lowest
responsible bidder therefor upon not less than 14 days' public
notice of the terms and conditions upon which the contract is
to be let, having been given by publication in a newspaper of
general circulation published in the district, and the board
may reject any and all bids, and readvertise. In determining
the lowest responsible bidder, the board shall take into
consideration the qualities and serviceability of the articles
supplied, their conformity with specifications, their
suitability to the requirements of the district, the
availability of support services, the uniqueness of the
service, materials, equipment, or supplies as it applies to
network integrated computer systems, the compatibility of the
service, materials, equipment or supplies with existing

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equipment, and the delivery terms. Contracts for services in
excess of the mandatory competitive bid threshold may, subject
to the provisions of this Section, be let by competitive
bidding at the discretion of the district board of trustees.
Cash, a cashier's check, a certified check, or a bid bond
with adequate surety approved by the board of trustees as a
deposit of good faith, in a reasonable amount, but not in
excess of 10% of the contract amount, may be required of each
bidder by the district on all bids involving amounts in excess
of the mandatory competitive bid threshold and, if so required,
the advertisement for bids shall so specify.
All contracts for purchases or sales that will not exceed
the mandatory competitive bid threshold may be made in the open
market without publication in a newspaper as above provided,
but whenever practical shall be based on at least 3 competitive
bids. For purposes of this Section, the "mandatory competitive
bid threshold" is a dollar amount equal to 0.1% of the total
general fixed assets of the district as reported in the most
recent required audit report. In no event, however, shall the
mandatory competitive bid threshold dollar amount be less than
$10,000, nor more than $40,000.
If a unit of local government performs non-emergency
construction, alteration, repair, improvement, or maintenance
work on the public way, the sanitary district may enter into an
intergovernmental agreement with the unit of local government
allowing similar construction work to be performed by the

SB2817 Enrolled - 3 - LRB100 17561 AWJ 32731 b
sanitary district on the same project, in an amount no greater
than $100,000, to save taxpayer funds and eliminate duplication
of government effort. The sanitary district and the other unit
of local government shall, before work is performed by either
unit of local government on a project, adopt a resolution by a
majority vote of both governing bodies certifying work will
occur at a specific location, the reasons why both units of
local government require work to be performed in the same
location, and the projected cost savings if work is performed
by both units of local government on the same project.
Officials or employees of the sanitary district may, if
authorized by resolution, purchase in the open market any
supplies, materials, equipment, or services for use within the
project in an amount no greater than $100,000 without
advertisement or without filing a requisition or estimate. A
full written account of each project performed by the sanitary
district and a requisition for the materials, supplies,
equipment, and services used by the sanitary district required
to complete the project must be submitted by the officials or
employees authorized to make purchases to the board of trustees
of the sanitary district no later than 30 days after purchase.
The full written account must be available for public
inspection for at least one year after expenditures are made.
Contracts which by their nature are not adapted to award by
competitive bidding, including, without limitation, contracts
for the services of individuals, groups or firms possessing a

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high degree of professional skill where the ability or fitness
of the individual or organization plays an important part,
contracts for financial management services undertaken
pursuant to "An Act relating to certain investments of public
funds by public agencies", approved July 23, 1943, as now or
hereafter amended, contracts for the purchase or sale of
utilities, contracts for materials economically procurable
only from a single source of supply, 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 an entity other than the district itself, and leases of real
property where the sanitary district is the lessee shall not be
subject to the competitive bidding requirements of this
Section.
The competitive bidding requirements of this Section do not
apply to contracts for construction of a facility or structure
for the sanitary district when the facility or structure will
be designed, built, and tested before being conveyed to the
sanitary district.
The competitive bidding requirements of this Section do not
apply to contracts, including contracts for both materials and
services incidental thereto, for the repair or replacement of a

SB2817 Enrolled - 5 - LRB100 17561 AWJ 32731 b
sanitary district's treatment plant, sewers, equipment, or
facilities damaged or destroyed as the result of a sudden or
unexpected occurrence, including, but not limited to, a flood,
fire, tornado, earthquake, storm, or other natural or man-made
disaster, if the board of trustees determines in writing that
the awarding of those contracts without competitive bidding is
reasonably necessary for the sanitary district to maintain
compliance with a permit issued under the National Pollution
Discharge Elimination System (NPDES) or any successor system or
with any outstanding order relating to that compliance issued
by the United States Environmental Protection Agency, the
Illinois Environmental Protection Agency, or the Illinois
Pollution Control Board. The authority to issue contracts
without competitive bidding pursuant to this paragraph expires
6 months after the date of the writing determining that the
awarding of contracts without competitive bidding is
reasonably necessary.
Where the board of trustees declares, by a 2/3 vote of all
members of the board, that there exists an emergency affecting
the public health or safety, contracts totaling not more than
the emergency contract cap may be let to the extent necessary
to resolve such emergency without public advertisement or
competitive bidding. For purposes of this Section, the
"emergency contract cap" is a dollar amount equal to 0.4% of
the total general fixed assets of the district as reported in
the most recent required audit report. In no event, however,

SB2817 Enrolled - 6 - LRB100 17561 AWJ 32731 b
shall the emergency contract cap dollar amount be less than
$40,000, nor more than $100,000. The ordinance or resolution
embodying the emergency declaration shall contain the date upon
which such emergency will terminate. The board of trustees may
extend the termination date if in its judgment the
circumstances so require. A full written account of the
emergency, together with a requisition for the materials,
supplies, labor or equipment required therefor shall be
submitted immediately upon completion and shall be open to
public inspection for a period of at least one year subsequent
to the date of such emergency purchase. Within 30 days after
the passage of the resolution or ordinance declaring an
emergency affecting the public health or safety, the District
shall submit to the Illinois Environmental Protection Agency
the full written account of any such emergency along with a
copy of the resolution or ordinance declaring the emergency, in
accordance with requirements as may be provided by rule.
A contract for any work or other public improvement, to be
paid for in whole or in part by special assessment or special
taxation, shall be entered into and the performance thereof
controlled by Division 2 of Article 9 of the "Illinois
Municipal Code", approved May 29, 1961, as heretofore and
hereafter amended, as near as may be. The contracts may be let
for making proper and suitable connections between the mains
and outlets of the respective sewers in the district with any
conduit, conduits, main pipe or pipes that may be constructed

SB2817 Enrolled - 7 - LRB100 17561 AWJ 32731 b
by such sanitary district.
(Source: P.A. 92-195, eff. 1-1-02.)
Section 15. The Metropolitan Water Reclamation District
Act is amended by changing Section 11.3 as follows:
(70 ILCS 2605/11.3) (from Ch. 42, par. 331.3)
Sec. 11.3. Except as provided in Sections 11.4 and 11.5,
all purchase orders or contracts involving amounts in excess of
the mandatory competitive bid threshold and made by or on
behalf of the sanitary district for labor, services or work,
the purchase, lease or sale of personal property, materials,
equipment or supplies, or the granting of any concession, shall
be let by free and open competitive bidding after
advertisement, to the lowest responsible bidder or to the
highest responsible bidder, as the case may be, depending upon
whether the sanitary district is to expend or receive money.
All such purchase orders or contracts which shall involve
amounts that will not exceed the mandatory competitive bid
threshold, shall also be let in the manner prescribed above
whenever practicable, except that after solicitation of bids,
such purchase orders or contracts may be let in the open
market, in a manner calculated to insure the best interests of
the public. The provisions of this section are subject to any
contrary provisions contained in "An Act concerning the use of
Illinois mined coal in certain plants and institutions", filed

SB2817 Enrolled - 8 - LRB100 17561 AWJ 32731 b
July 13, 1937, as heretofore and hereafter amended. For
purposes of this Section, the "mandatory competitive bid
threshold" is a dollar amount equal to 0.1% of the total
general fixed assets of the district as reported in the most
recent required audit report. In no event, however, shall the
mandatory competitive bid threshold dollar amount be less than
$10,000 or more than $40,000.
If a unit of local government performs non-emergency
construction, alteration, repair, improvement, or maintenance
work on the public way, the sanitary district may enter into an
intergovernmental agreement with the unit of local government
allowing similar construction work to be performed by the
sanitary district on the same project, in an amount no greater
than $100,000, to save taxpayer funds and eliminate duplication
of government effort. The sanitary district and the other unit
of local government shall, before work is performed by either
unit of local government on a project, adopt a resolution by a
majority vote of both governing bodies certifying work will
occur at a specific location, the reasons why both units of
local government require work to be performed in the same
location, and the projected cost savings if work is performed
by both units of local government on the same project.
Officials or employees of the sanitary district may, if
authorized by resolution, purchase in the open market any
supplies, materials, equipment, or services for use within the
project in an amount no greater than $100,000 without

SB2817 Enrolled - 9 - LRB100 17561 AWJ 32731 b
advertisement or without filing a requisition or estimate. A
full written account of each project performed by the sanitary
district and a requisition for the materials, supplies,
equipment, and services used by the sanitary district required
to complete the project must be submitted by the officials or
employees authorized to make purchases to the board of trustees
of the sanitary district no later than 30 days after purchase.
The full written account must be available for public
inspection for at least one year after expenditures are made.
Notwithstanding the provisions of this Section, the
sanitary district is expressly authorized to establish such
procedures as it deems appropriate to comply with state or
federal regulations as to affirmative action and the
utilization of small and minority businesses in construction
and procurement contracts.
(Source: P.A. 92-195, eff. 1-1-02.)
Section 20. The Sanitary District Act of 1936 is amended by
changing Section 14 as follows:
(70 ILCS 2805/14) (from Ch. 42, par. 425)
Sec. 14. Except as otherwise provided in this Section, all
contracts for purchases or sales by the sanitary district, the
expense of which will exceed the mandatory competitive bid
threshold, shall be let to the lowest responsible bidder
therefor upon not less than 14 days' public notice of the terms

SB2817 Enrolled - 10 - LRB100 17561 AWJ 32731 b
and conditions upon which the contract is to be let, having
been given by publication in a daily or weekly newspaper
published in the district or, if there is no newspaper
published in the district, in a newspaper published in the
county and having general circulation in the district, and the
board may reject any and all bids, and readvertise. Contracts
for services in excess of the mandatory competitive bid
threshold may, subject to the provisions of this Section, be
let by competitive bidding at the discretion of the district
board of trustees. All contracts for purchases or sales that
will not exceed the mandatory competitive bid threshold may be
made in the open market without publication in a newspaper as
above provided, but whenever practical shall be based on at
least 3 competitive bids. For purposes of this Section, the
"mandatory competitive bid threshold" is a dollar amount equal
to 0.1% of the total general fixed assets of the district as
reported in the most recent required audit report. In no event,
however, shall the mandatory competitive bid threshold dollar
amount be less than $10,000, nor more than $40,000.
If a unit of local government performs non-emergency
construction, alteration, repair, improvement, or maintenance
work on the public way, the sanitary district may enter into an
intergovernmental agreement with the unit of local government
allowing similar construction work to be performed by the
sanitary district on the same project, in an amount no greater
than $100,000, to save taxpayer funds and eliminate duplication

SB2817 Enrolled - 11 - LRB100 17561 AWJ 32731 b
of government effort. The sanitary district and the other unit
of local government shall, before work is performed by either
unit of local government on a project, adopt a resolution by a
majority vote of both governing bodies certifying work will
occur at a specific location, the reasons why both units of
local government require work to be performed in the same
location, and the projected cost savings if work is performed
by both units of local government on the same project.
Officials or employees of the sanitary district may, if
authorized by resolution, purchase in the open market any
supplies, materials, equipment, or services for use within the
project in an amount no greater than $100,000 without
advertisement or without filing a requisition or estimate. A
full written account of each project performed by the sanitary
district and a requisition for the materials, supplies,
equipment, and services used by the sanitary district required
to complete the project must be submitted by the officials or
employees authorized to make purchases to the board of trustees
of the sanitary district no later than 30 days after purchase.
The full written account must be available for public
inspection for at least one year after expenditures are made.
Cash, a cashier's check, a certified check, or a bid bond
with adequate surety approved by the board of trustees as a
deposit of good faith, in a reasonable amount, but not in
excess of 10% of the contract amount, may be required of each
bidder by the district on all bids involving amounts in excess

SB2817 Enrolled - 12 - LRB100 17561 AWJ 32731 b
of the mandatory competitive bid threshold and, if so required,
the advertisement for bids shall so specify.
Contracts which by their nature are not adapted to award by
competitive bidding, including, without limitation, contracts
for the services of individuals, groups or firms possessing a
high degree of professional skill where the ability or fitness
of the individual or organization plays an important part,
contracts for financial management services undertaken
pursuant to the Public Funds Investment Act, contracts for the
purchase or sale of utilities, contracts for materials
economically procurable only from a single source of supply and
leases of real property where the sanitary district is the
lessee shall not be subject to the competitive bidding
requirements of this Section.
Where the board of trustees declares, by a 2/3 vote of all
members of the board, that there exists an emergency affecting
the public health or safety, contracts totaling not more than
the emergency contract cap may be let to the extent necessary
to resolve such emergency without public advertisement or
competitive bidding. For purposes of this Section, the
"emergency contract cap" is a dollar amount equal to 0.4% of
the total general fixed assets of the district as reported in
the most recent required audit report. In no event, however,
shall the emergency contract cap dollar amount be less than
$40,000, nor more than $100,000. The ordinance or resolution
embodying the emergency declaration shall contain the date upon

SB2817 Enrolled - 13 - LRB100 17561 AWJ 32731 b
which such emergency will terminate. The board of trustees may
extend the termination date if in its judgment the
circumstances so require. A full written account of the
emergency, together with a requisition for the materials,
supplies, labor or equipment required therefor shall be
submitted immediately upon completion and shall be open to
public inspection for a period of at least one year subsequent
to the date of such emergency purchase. Within 30 days after
the passage of the resolution or ordinance declaring an
emergency affecting the public health or safety, the District
shall submit to the Illinois Environmental Protection Agency
the full written account of any such emergency along with a
copy of the resolution or ordinance declaring the emergency, in
accordance with requirements as may be provided by rule.
(Source: P.A. 91-547, eff. 8-14-99; 92-195, eff. 1-1-02.)
Section 25. The Metro-East Sanitary District Act of 1974 is
amended by changing Section 5-4 as follows:
(70 ILCS 2905/5-4) (from Ch. 42, par. 505-4)
Sec. 5-4. All contracts for work to be done and supplies
and materials to be purchased by the sanitary district, the
expense of which will exceed $10,000, shall be let to the
lowest responsible bidder therefor, upon not less than 21 days
public notice of the terms and conditions upon which the
contract is to be let, having been given by publication in a

SB2817 Enrolled - 14 - LRB100 17561 AWJ 32731 b
newspaper of general circulation published in the district, and
the board may reject any and all bids and readvertise. All
purchases or sales of $10,000 or less may be made in the open
market without publication in a newspaper as above provided,
but whenever practical shall be based on at least 3 competitive
bids. No person may be employed on the work except citizens of
the United States, or those who in good faith have declared
their intention to become citizens, and 8 hours constitutes a
day's work.
If a unit of local government performs non-emergency
construction, alteration, repair, improvement, or maintenance
work on the public way, the sanitary district may enter into an
intergovernmental agreement with the unit of local government
allowing similar construction work to be performed by the
sanitary district on the same project, in an amount no greater
than $100,000, to save taxpayer funds and eliminate duplication
of government effort. The sanitary district and the other unit
of local government shall, before work is performed by either
unit of local government on a project, adopt a resolution by a
majority vote of both governing bodies certifying work will
occur at a specific location, the reasons why both units of
local government require work to be performed in the same
location, and the projected cost savings if work is performed
by both units of local government on the same project.
Officials or employees of the sanitary district may, if
authorized by resolution, purchase in the open market any

SB2817 Enrolled - 15 - LRB100 17561 AWJ 32731 b
supplies, materials, equipment, or services for use within the
project in an amount no greater than $100,000 without
advertisement or without filing a requisition or estimate. A
full written account of each project performed by the sanitary
district and a requisition for the materials, supplies,
equipment, and services used by the sanitary district required
to complete the project must be submitted by the officials or
employees authorized to make purchases to the board of trustees
of the sanitary district no later than 30 days after purchase.
The full written account must be available for public
inspection for at least one year after expenditures are made.
(Source: P.A. 94-445, eff. 1-1-06.)
Section 99. Effective date. This Act takes effect upon
becoming law.