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SB 3109

CTY CD-SPENDING THRESHOLDS

104th Regular Session Introduced by Steve McClure

Raises procurement thresholds for small Illinois counties, boosting IT purchase exemptions to 45k and general purchases to 40k while boosting bid integrity and use-tax compliance.

Rule 3-9(a) / Re-referred to Assignments
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Bill Summary · SB 3109

Summary of SB3109 (104th General Assembly, Illinois)

Date Introduced: February 2, 2026
Sponsor: Sen. Steve McClure

Purpose
- Amend the Counties Code to adjust procurement thresholds and procedures for counties with fewer than 2,000,000 inhabitants.
- Align bidding and contracting requirements to reflect new monetary thresholds for goods, services, and data processing/IT-related purchases.

Key Provisions

1) Increased competitive bidding threshold for general purchases
- Before: Purchases by counties (or certain officials) under $30,000 (and general procurement rules for higher amounts) were subject to the existing bidding framework.
- Now: For counties with fewer than 2,000,000 residents (or elected officials in such counties, including those who control internal operations), purchases of services, materials, equipment, or supplies exceeding $40,000 (instead of $30,000) must follow specified procurement methods.
- Procurement options remain:
- Let contract to the lowest responsible bidder after advertising for bids in a local newspaper (or a generally circulating county newspaper if none within the county).
- Let contracts without advertising in emergencies, if authorized by the county board.
- Let contracts without advertising for the expedited replacement of a disabled, inoperable, or damaged patrol vehicle (sheriff’s department), if authorized by the county board.
- Evaluation criteria for lowest responsible bidder may consider:
- Quality, conformity to specifications, suitability, support services, delivery terms.
- Specific considerations for networked, integrated computer systems, and compatibility with existing equipment.
- Bidder’s active participation in applicable DOL-registered apprenticeship programs.
- Whether a bidder is a private enterprise versus a State-controlled enterprise (county may prefer a private enterprise, even if the private bid is higher than a State-controlled enterprise).

2) IT and data processing purchases—lower single-order thresholds
- In addition to general procurement rules, the bill sets a separate provision for IT-related purchases.
- Counties may let without advertising for bids for individual orders not exceeding $45,000 (instead of $35,000) for data processing equipment, software, services, and related telecommunications and inter-connect equipment and services.
- This appears as a parallel, IT-focused exception to the standard bidding requirements.

3) Use tax compliance requirement (affiliate/supplier transparency)
- Counties may require contractors and all affiliates to collect and remit Illinois Use Tax on all tangible property sold into Illinois.
- Defines “affiliate” based on control/ownership relationships (direct, indirect, or constructive), including entities with more than 10% voting securities ownership.
- Applies regardless of whether the entity is a retailer maintaining a physical location in Illinois.
- Purpose: Increase tax compliance and potentially expand tax revenue capture from county contract spending.

4) Certifications and bid integrity
- Bids and contracts may require a certification that the bidder is eligible to bid and that the county may void contracts if the certification is false.

Other Provisions
- The existing exceptions related to federal government contracts and purchases of used equipment remain unchanged.
- Administrative and procedural details reference standard requirements for bid evaluation, as well as potential board authorization for exceptions.

Affected Entities
- Counties with fewer than 2 million inhabitants.
- Elected officials in those counties (including those managing the office’s internal operations).
- Vendors and contractors bidding on county purchases, including IT/software/service providers.
- Affiliated entities and their use-tax obligations under county contracts.

Timeline/Status
- Introduced 2/2/2026; referred through committee process with Rule 2-10 deadlines noted for procedural scheduling.
- No enacted effective date is specified in the text provided; the bill would take effect as enacted and upon any specified implementation timeline in the final statute.

Impact Considerations
- Increases in permissible single-order IT spend without advertising (from $35k to $45k) could speed procurements for IT needs but may reduce competitive bidding opportunities for smaller IT purchases.
- Higher threshold for general purchases ($40k vs. $30k) may reduce the frequency of formal bidding for mid-sized procurements in smaller counties.
- Tax compliance requirements (use tax) could improve revenue collection on county contracts but may impose additional administrative duties on contractors and affiliates.
- The emphasis on apprenticeship participation and private-state enterprise considerations could influence bid selection beyond price alone.

Overall, SB3109 seeks to adjust procurement thresholds for smaller Illinois counties, with a particular emphasis on IT-related procurements, while reinforcing bid integrity and introducing an optional use-tax compliance requirement for county contracts.

Compiled from official sources — confirm details with the bill’s official record.

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