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1 | AN ACT concerning education, which may be referred to as | ||||||
2 | the Education Reform and Accountability Act of 2004.
| ||||||
3 | Be it enacted by the People of the State of Illinois, | ||||||
4 | represented in the General Assembly:
| ||||||
5 | Section 1. Short title. This Act may be cited as the School | ||||||
6 | Employee Benefit Act . | ||||||
7 | Section 5. Purpose. The purpose of this Act is to require | ||||||
8 | the Department of Central Management Services to establish and | ||||||
9 | administer a prescription drug benefit program that will enable | ||||||
10 | eligible school employees access to affordable prescription | ||||||
11 | drugs. | ||||||
12 | Section 10. Definitions.
| ||||||
13 | "Annuitant" means a retired school district employee | ||||||
14 | entitled to receive retirement benefits, as defined by the | ||||||
15 | school district. | ||||||
16 | "Department" means the Department of Central Management | ||||||
17 | Services. | ||||||
18 | "Dependent" means a school district employee's dependent | ||||||
19 | as defined by the school district. | ||||||
20 | "Director" means the Director of Central Management | ||||||
21 | Services. | ||||||
22 | "Employee" means a school district employee who is entitled | ||||||
23 | to benefits as defined by the school district. | ||||||
24 | "Rules" includes rules adopted and forms prescribed by the | ||||||
25 | Department. | ||||||
26 | "School district" means a public school district in this | ||||||
27 | State.
| ||||||
28 | Section 15. Prescription drug benefits; contract. | ||||||
29 | (a) The Director shall, by contract, self-insurance, or | ||||||
30 | otherwise, make available a voluntary program of prescription |
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1 | drug benefits for school districts under Section 15 of this | ||||||
2 | Act. The contract or other arrangement for the provision of the | ||||||
3 | prescription drug benefits shall be on terms deemed by the | ||||||
4 | Director to be in the best interest of the State of Illinois | ||||||
5 | and school districts based on criteria set by the Department, | ||||||
6 | which must include without limitation administrative cost, | ||||||
7 | service capabilities of the carrier or other contractors, and | ||||||
8 | premiums, fees, or charges as related to the costs of the | ||||||
9 | benefits.
| ||||||
10 | (b) The term of a contract under this Section may not | ||||||
11 | extend beyond 5 fiscal years. The Director may exercise renewal | ||||||
12 | options of the same contract for up to a period of 5 years. Any | ||||||
13 | increases in premiums, fees, or charges requested by a | ||||||
14 | contractor whose contract may be renewed pursuant to a renewal | ||||||
15 | option contained in the contract must be justified on the basis | ||||||
16 | of (1) audited experience data, (2) increases in the costs of | ||||||
17 | prescription drug coverage provided under the contract, (3) | ||||||
18 | contractor performance, (4) increases in contractor | ||||||
19 | responsibilities, or (5) any combination of these bases.
| ||||||
20 | (c) A contractor shall agree to abide by all requirements | ||||||
21 | and rules of the prescription drug benefit program, to submit | ||||||
22 | such information and data as may from time to time be deemed | ||||||
23 | necessary by the Director for effective administration of the | ||||||
24 | program, and to fully cooperate in any audit.
| ||||||
25 | Section 20. Prescription drug benefits; program.
| ||||||
26 | (a) Beginning July 1, 2005, the Department shall be | ||||||
27 | responsible for administering the prescription drug benefit | ||||||
28 | program established under this Act for employees, annuitants, | ||||||
29 | and dependents on a non-insured basis. | ||||||
30 | (b) For each program year, the Department shall set a date | ||||||
31 | by which school districts must notify the Department of their | ||||||
32 | election to participate in the prescription drug benefit | ||||||
33 | program. The Department shall provide notification of the | ||||||
34 | election date to school districts at least 45 days prior to the | ||||||
35 | election date. |
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1 | (c) Any school district may apply to the Director to have | ||||||
2 | employees, annuitants, and dependents be provided a | ||||||
3 | prescription drug benefit program under this Act. To | ||||||
4 | participate, a school district must agree to enroll all of its | ||||||
5 | employees. A participating school district is not required to | ||||||
6 | enroll a full-time employee who has waived coverage under the | ||||||
7 | district's health plan. | ||||||
8 | (d) The Director shall determine the insurance rates and | ||||||
9 | premiums for those employees, annuitants, and dependents | ||||||
10 | participating in the prescription drug benefit program. Rates | ||||||
11 | and premiums may be based in part on age and eligibility for | ||||||
12 | federal Medicare coverage. | ||||||
13 | A school district must remit the entire cost of providing | ||||||
14 | prescription drug coverage under this Section. | ||||||
15 | (e) All revenues arising from the administration of the | ||||||
16 | prescription drug benefit program shall be deposited into | ||||||
17 | general revenue funds. | ||||||
18 | (f) It is the intention of the General Assembly that the | ||||||
19 | prescription drug benefit program be maintained on an ongoing, | ||||||
20 | affordable basis. The prescription drug benefit program may be | ||||||
21 | changed by the State and is not intended to be a pension or | ||||||
22 | retirement benefit subject to protection under Section 5 of | ||||||
23 | Article XIII of the Illinois Constitution.
| ||||||
24 | Section 85. The State Finance Act is amended by changing | ||||||
25 | Section 13.5 as follows:
| ||||||
26 | (30 ILCS 105/13.5)
| ||||||
27 | Sec. 13.5. Appropriations for higher education.
| ||||||
28 | (a) State appropriations to
the State Board of Education,
| ||||||
29 | the Board of Trustees of Southern Illinois
University, the | ||||||
30 | Board of Trustees of the University of Illinois, the Board of
| ||||||
31 | Trustees of Chicago State University, the Board of Trustees of | ||||||
32 | Eastern Illinois
University, the Board of Trustees of Illinois | ||||||
33 | State University, the Board of
Trustees of Governors State | ||||||
34 | University, the Board of Trustees of Northeastern
Illinois |
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| |||||||
1 | University, the Board of Trustees of Northern Illinois | ||||||
2 | University, and
the Board of Trustees of Western Illinois | ||||||
3 | University for operations shall
identify the amounts | ||||||
4 | appropriated for personal services, State contributions to
| ||||||
5 | social security for Medicare, contractual services, travel, | ||||||
6 | commodities,
equipment, operation of automotive equipment, | ||||||
7 | telecommunications, awards and
grants, and permanent | ||||||
8 | improvements.
| ||||||
9 | (b) Within 120 days after the conclusion of each fiscal | ||||||
10 | year, each
State-supported institution of higher learning must | ||||||
11 | provide, through the
Illinois Board of Higher Education, a | ||||||
12 | financial report to the Governor and
General Assembly | ||||||
13 | documenting the institution's revenues and expenditures of
| ||||||
14 | funds for that fiscal year ending June 30 for all funds.
| ||||||
15 | (Source: P.A. 93-229, eff. 7-22-03.)
| ||||||
16 | Section 90. The School Code is amended by changing Sections | ||||||
17 | 1A-1, 1A-2.1, 1A-4, and 10-20.21 and adding Section 2-3.135 and | ||||||
18 | Article 28A as follows:
| ||||||
19 | (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
| ||||||
20 | Sec. 1A-1. Members and terms.
| ||||||
21 | (a) The term of each member of the State Board of Education | ||||||
22 | who is in
office on June 30, 2004
the effective date of this | ||||||
23 | amendatory Act of
1996 shall terminate
on July 1, 2004
January | ||||||
24 | 1, 1997
or when all of the new members initially to be
| ||||||
25 | appointed under this amendatory Act of the 93rd General | ||||||
26 | Assembly
of 1996 are appointed by the Governor as
provided in | ||||||
27 | subsection (b), whichever last occurs.
| ||||||
28 | (b) Beginning
on July 1, 2004
January 1, 1997 or when all | ||||||
29 | of the new members initially to be appointed
under this | ||||||
30 | subsection are appointed by the Governor, whichever last | ||||||
31 | occurs,
and thereafter, the State Board of
Education shall | ||||||
32 | consist of 9 members, who shall be appointed by the
Governor | ||||||
33 | with the advice and consent
of the Senate from a pattern of | ||||||
34 | regional representation as follows: 2
appointees shall be |
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| |||||||
1 | selected from among those counties of the State other
than Cook | ||||||
2 | County and the 5 counties contiguous to Cook County; 2 | ||||||
3 | appointees shall be selected from
Cook County, one of whom | ||||||
4 | shall be a resident of the City of
Chicago and one of whom | ||||||
5 | shall be a resident of that
part of Cook County
which lies | ||||||
6 | outside the city limits of Chicago; 2
appointees shall be
| ||||||
7 | selected from among the 5 counties of the State that are | ||||||
8 | contiguous to Cook
County; and 3 members
shall be selected as | ||||||
9 | members-at-large. At no time
may more than 5
members of the | ||||||
10 | Board be from one political party. Party membership is
defined | ||||||
11 | as having voted in the primary of the party in the last primary
| ||||||
12 | before appointment.
Five of the
The 9 members initially | ||||||
13 | appointed pursuant to
this
amendatory Act of the 93rd General | ||||||
14 | Assembly
1996 shall draw lots to determine
3 of their number | ||||||
15 | who shall serve
until the
second Wednesday of January,
2007, as | ||||||
16 | designated by the Governor, and the other 4 shall serve until | ||||||
17 | the second Wednesday of January, 2009, as designated by the | ||||||
18 | Governor
2003, 3 of their number who shall serve until the | ||||||
19 | second Wednesday of January,
2001, and 3 of their number who | ||||||
20 | shall serve until the second Wednesday of
January,
1999 . Upon | ||||||
21 | expiration of the terms of the
members initially appointed
| ||||||
22 | under this amendatory Act of
1996 , their respective successors | ||||||
23 | shall be
appointed for terms of 4
6
years, from the
second | ||||||
24 | Wednesday in January
of each
odd
numbered year and until their | ||||||
25 | respective successors are appointed and
qualified. Vacancies | ||||||
26 | in terms shall be filled by appointment by the
Governor with | ||||||
27 | the advice and consent of the Senate for the extent of the
| ||||||
28 | unexpired term.
If a vacancy in membership occurs at a time | ||||||
29 | when the Senate is not in
session, the Governor shall make a | ||||||
30 | temporary appointment until the next meeting
of the Senate, | ||||||
31 | when the Governor shall appoint a person to fill that | ||||||
32 | membership
for the remainder of its term. If the Senate is not | ||||||
33 | in session when
appointments for a full term are made, the | ||||||
34 | appointments shall be made as in the
case of vacancies.
| ||||||
35 | (Source: P.A. 89-610, eff. 8-6-96.)
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| |||||||
1 | (105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
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2 | Sec. 1A-2.1. Vacancies. A vacancy exists on the State Board | ||||||
3 | of
Education when one or more of the following events occur:
| ||||||
4 | 1. A
a member dies . ;
| ||||||
5 | 2. A
a member files a written resignation with the | ||||||
6 | Governor . ;
| ||||||
7 | 3. A
a member is adjudicated to be a person under legal | ||||||
8 | disability under
the Probate Act of 1975 , as amended, or
a | ||||||
9 | person subject to involuntary admission
under the Mental Health | ||||||
10 | and Developmental Disabilities Code . ;
| ||||||
11 | 4. A
a member ceases to be a resident of the region
| ||||||
12 | judicial district from
which he or she was appointed . ;
| ||||||
13 | 5. A
a member is convicted of an infamous crime , or of any | ||||||
14 | offense
involving a violation of his or her duties under this | ||||||
15 | Code.
Act;
| ||||||
16 | 6. A
a member fails to maintain the qualifications stated | ||||||
17 | in Section
1A-2 of this Code
Act . | ||||||
18 | 7. A member is removed at the discretion of the Governor | ||||||
19 | for incompetence, neglect of duty, or malfeasance in office.
| ||||||
20 | (Source: P.A. 83-706.)
| ||||||
21 | (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
| ||||||
22 | Sec. 1A-4. Powers and duties of the Board.
| ||||||
23 | A.
Upon the appointment of new State Board of Education
| ||||||
24 | Board members as provided in
subsection (b)
of
Section 1A-1 and | ||||||
25 | every 2 years thereafter, the chairperson of the Board shall
be | ||||||
26 | selected by the
Governor, with the advice and consent of the | ||||||
27 | Senate, from the membership of the
Board to serve as | ||||||
28 | chairperson for 2 years.
| ||||||
29 | Five members of the State Board of Education shall | ||||||
30 | constitute a quorum. A
majority
vote of appointed members is
| ||||||
31 | required to approve any action.
| ||||||
32 | B.
The State Board of Education
Board shall determine the | ||||||
33 | qualifications of and
appoint a
chief education officer , to be | ||||||
34 | known as the State Superintendent of
Education , who may be | ||||||
35 | proposed by the Governor and who shall serve at the pleasure of |
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| |||||||
1 | the Board
and pursuant to a
performance-based contract linked | ||||||
2 | to statewide student performance and academic
improvement | ||||||
3 | within Illinois schools. No performance-based
contract issued | ||||||
4 | for the employment of the State Superintendent of
Education | ||||||
5 | shall be for a term longer than 2
3 years and no contract
shall | ||||||
6 | be
extended or renewed prior to its scheduled expiration unless | ||||||
7 | the performance
and improvement goals contained in the contract | ||||||
8 | have been met. The State
Superintendent of Education shall not | ||||||
9 | serve as a member of the State
Board of Education , but . The | ||||||
10 | Board shall set the compensation of the State
Superintendent of | ||||||
11 | Education who shall serve as the Board's chief
executive | ||||||
12 | officer. The State Superintendent of Education shall receive an | ||||||
13 | annual salary as set by the State Board of Education from time | ||||||
14 | to time or as set by the Compensation Review Board, whichever | ||||||
15 | is greater.
The State
Board of Education shall also establish | ||||||
16 | the duties, powers and
responsibilities of the State | ||||||
17 | Superintendent in accordance with this Code , which shall be | ||||||
18 | included in the
State Superintendent's performance-based | ||||||
19 | contract along with the goals and
indicators of student | ||||||
20 | performance and academic improvement used to measure the
| ||||||
21 | performance and effectiveness of the State Superintendent.
The | ||||||
22 | State Board of Education may delegate
to the State | ||||||
23 | Superintendent of Education the authority to act on the Board's
| ||||||
24 | behalf, provided such delegation is made pursuant to adopted | ||||||
25 | board policy
or the powers delegated are ministerial in nature.
| ||||||
26 | The State Board may
not delegate authority under this Section | ||||||
27 | to the State Superintendent to
(1) nonrecognize school | ||||||
28 | districts, (2) withhold State payments as a penalty,
or (3) | ||||||
29 | make final decisions under the contested case provisions of the | ||||||
30 | Illinois
Administrative Procedure Act unless otherwise | ||||||
31 | provided by law.
| ||||||
32 | C. The powers and duties of the
State Board of Education | ||||||
33 | shall encompass all
duties delegated to the Office of | ||||||
34 | Superintendent of Public Instruction on
January 12, 1975, | ||||||
35 | except as the law providing for such powers and duties is
| ||||||
36 | thereafter amended, and such other powers and duties as the |
| |||||||
| |||||||
1 | General Assembly
shall designate. The
Board shall be | ||||||
2 | responsible for the educational policies
and guidelines for | ||||||
3 | public schools, pre-school through grade
12 and Vocational | ||||||
4 | Education in the State of Illinois. The
Board shall
analyze the | ||||||
5 | present and future aims, needs, and requirements of
education | ||||||
6 | in the State of Illinois and recommend to the General Assembly
| ||||||
7 | the powers which should be exercised by the
Board. The
Board | ||||||
8 | shall
recommend the passage and the legislation necessary to | ||||||
9 | determine the
appropriate relationship between the
Board and | ||||||
10 | local boards of education
and the various State agencies and | ||||||
11 | shall recommend desirable
modifications in the laws which | ||||||
12 | affect schools.
| ||||||
13 | D. Two
members of the
State Board of Education shall be | ||||||
14 | appointed by the
chairperson
to serve on a standing joint | ||||||
15 | Education Committee, 2 others shall be
appointed from the Board | ||||||
16 | of Higher Education, 2
others shall be appointed by the | ||||||
17 | chairperson of the
Illinois Community College Board, and 2 | ||||||
18 | others shall be appointed by the
chairperson of the Human | ||||||
19 | Resource Investment Council. The
Committee shall be
| ||||||
20 | responsible for making recommendations concerning the | ||||||
21 | submission of any
workforce development plan or workforce | ||||||
22 | training program required by federal
law or under any block | ||||||
23 | grant authority. The Committee will be
responsible for | ||||||
24 | developing policy on matters of mutual concern to
elementary, | ||||||
25 | secondary and higher education such as Occupational and
Career | ||||||
26 | Education, Teacher Preparation and Certification, Educational
| ||||||
27 | Finance, Articulation between Elementary, Secondary and Higher | ||||||
28 | Education
and Research and Planning. The joint Education | ||||||
29 | Committee shall meet at
least quarterly and submit an annual | ||||||
30 | report of its findings,
conclusions, and recommendations to the
| ||||||
31 | State Board of Education, the Board of
Higher Education, the | ||||||
32 | Illinois Community College Board,
the Human Resource | ||||||
33 | Investment Council, the Governor, and the
General
Assembly. All | ||||||
34 | meetings of this Committee shall be official meetings for
| ||||||
35 | reimbursement under this Act.
| ||||||
36 | E. Five members of the Board shall constitute a quorum. A
|
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| |||||||
1 | majority
vote of the members appointed, confirmed and serving | ||||||
2 | on the Board is
required to approve any action.
The
State Board | ||||||
3 | of Education shall prepare and submit to the General Assembly | ||||||
4 | and the
Governor on or before January 14,
1976
and annually | ||||||
5 | thereafter a report
or reports of its findings and | ||||||
6 | recommendations. Such annual report shall
contain a separate | ||||||
7 | section which provides a critique and analysis of the
status of | ||||||
8 | education in Illinois and which identifies its specific | ||||||
9 | problems
and recommends express solutions therefor.
Such | ||||||
10 | annual report also shall contain the following information for | ||||||
11 | the
preceding year ending on June 30: each act or omission of a | ||||||
12 | school district
of which the
State Board of Education has | ||||||
13 | knowledge as a consequence of
scheduled, approved visits and | ||||||
14 | which constituted a
failure by the district to comply with | ||||||
15 | applicable State or federal laws or
regulations relating to | ||||||
16 | public education, the name of such district, the date
or dates | ||||||
17 | on which the
State Board of Education notified the school | ||||||
18 | district of
such act or omission, and what action, if any, the | ||||||
19 | school district took with
respect thereto after being notified | ||||||
20 | thereof by the
State Board of Education.
The report shall also | ||||||
21 | include the statewide high school dropout rate by
grade level, | ||||||
22 | sex and race and the annual student dropout rate of and the
| ||||||
23 | number of students who graduate from, transfer from or | ||||||
24 | otherwise leave
bilingual programs. The Auditor General shall | ||||||
25 | annually perform a
compliance audit of the
State Board of | ||||||
26 | Education's performance of the
reporting duty imposed by this | ||||||
27 | amendatory Act of 1986. A regular system of
communication with | ||||||
28 | other directly related State agencies shall be
implemented.
| ||||||
29 | The requirement for reporting to the General Assembly shall | ||||||
30 | be satisfied
by filing copies of the report with the Speaker, | ||||||
31 | the Minority Leader and
the Clerk of the House of | ||||||
32 | Representatives and the President, the Minority
Leader and the | ||||||
33 | Secretary of the Senate and the Legislative Council, as | ||||||
34 | required
by Section 3.1 of the General
Assembly Organization | ||||||
35 | Act, and
filing such additional
copies with the State | ||||||
36 | Government Report Distribution Center for the General
Assembly |
| |||||||
| |||||||
1 | as is required under paragraph (t) of Section 7 of the State | ||||||
2 | Library
Act.
| ||||||
3 | (Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96; | ||||||
4 | 89-698, eff.
1-14-97; 90-548, eff. 1-1-98.)
| ||||||
5 | (105 ILCS 5/2-3.135 new) | ||||||
6 | Sec. 2-3.135. Shared service centers. The State Board of | ||||||
7 | Education, in partnership with regional superintendents, may | ||||||
8 | create shared service centers, providing optional shared | ||||||
9 | services for districts.
| ||||||
10 | (105 ILCS 5/10-20.21) (from Ch. 122, par. 10-20.21)
| ||||||
11 | Sec. 10-20.21. Contracts.
| ||||||
12 | (a)
To award all contracts for
purchase of supplies, | ||||||
13 | materials or work or contracts with private carriers
for | ||||||
14 | transportation of pupils involving an expenditure in excess of | ||||||
15 | $10,000
to the lowest responsible bidder, considering | ||||||
16 | conformity with
specifications, terms of delivery, quality and | ||||||
17 | serviceability, after due
advertisement, except the following: | ||||||
18 | (i) contracts for the services of
individuals possessing a high | ||||||
19 | degree of professional skill where the
ability or fitness of | ||||||
20 | the individual plays an important part; (ii)
contracts for the | ||||||
21 | printing of finance committee reports and departmental
| ||||||
22 | reports; (iii) contracts for the printing or engraving of | ||||||
23 | bonds, tax
warrants and other evidences of indebtedness; (iv) | ||||||
24 | contracts for the
purchase of perishable foods and perishable | ||||||
25 | beverages; (v) contracts for
materials and work which have been | ||||||
26 | awarded to the lowest responsible bidder
after due | ||||||
27 | advertisement, but due to unforeseen revisions, not the fault | ||||||
28 | of
the contractor for materials and work, must be revised | ||||||
29 | causing expenditures
not in excess of 10% of the contract | ||||||
30 | price; (vi)
contracts for the maintenance or servicing of, or | ||||||
31 | provision of
repair parts for, equipment which are made with | ||||||
32 | the manufacturer or
authorized service agent of that equipment | ||||||
33 | where the provision of parts,
maintenance, or servicing can | ||||||
34 | best be performed by the manufacturer or
authorized service |
| |||||||
| |||||||
1 | agent; (vii) purchases and contracts for the use,
purchase, | ||||||
2 | delivery, movement, or installation of data processing | ||||||
3 | equipment,
software, or services and telecommunications and | ||||||
4 | interconnect
equipment, software, and services; (viii) | ||||||
5 | contracts for duplicating
machines and supplies; (ix) | ||||||
6 | contracts for the purchase of natural gas when
the cost is less | ||||||
7 | than that offered by a public utility; (x) purchases of
| ||||||
8 | equipment previously owned by some entity other than the | ||||||
9 | district
itself; (xi) contracts for repair, maintenance, | ||||||
10 | remodeling, renovation, or
construction, or a single project | ||||||
11 | involving an expenditure not to exceed
$20,000 and not | ||||||
12 | involving a change or increase in the size, type, or extent
of | ||||||
13 | an existing facility; (xii) contracts for goods or services | ||||||
14 | procured
from another governmental agency; (xiii) contracts | ||||||
15 | for goods or services
which are economically procurable from | ||||||
16 | only one source, such as for the
purchase of magazines, books, | ||||||
17 | periodicals, pamphlets and reports, and for
utility services | ||||||
18 | such as water, light, heat, telephone or telegraph; and
(xiv) | ||||||
19 | where funds are expended in an emergency and such emergency
| ||||||
20 | expenditure is approved by 3/4 of the members of the board ; and | ||||||
21 | (xv) State master contracts authorized under Article 28A of | ||||||
22 | this Code . | ||||||
23 | All competitive
bids for contracts involving an | ||||||
24 | expenditure in excess of $10,000 must be
sealed by the bidder | ||||||
25 | and must be opened by a member or employee of the
school board | ||||||
26 | at a public bid opening at which the contents of the bids
must | ||||||
27 | be announced. Each bidder must receive at least 3 days' notice | ||||||
28 | of the
time and place of the bid opening. For purposes of this | ||||||
29 | Section due
advertisement includes, but is not limited to, at | ||||||
30 | least one public notice
at least 10 days before the bid date in | ||||||
31 | a newspaper published in the
district, or if no newspaper is | ||||||
32 | published in the district, in a newspaper
of general | ||||||
33 | circulation in the area of the district. State master contracts | ||||||
34 | and certified education purchasing contracts, as defined in | ||||||
35 | Article 28A of this Code, are not subject to the requirements | ||||||
36 | of this paragraph.
|
| |||||||
| |||||||
1 | (b) To require, as a condition of any contract for goods | ||||||
2 | and services,
that persons
bidding for and awarded a contract | ||||||
3 | and all affiliates of the person collect and
remit
Illinois Use | ||||||
4 | Tax on all sales of tangible personal property into the State | ||||||
5 | of
Illinois in
accordance with the provisions of the Illinois | ||||||
6 | Use Tax Act regardless of whether
the
person or affiliate is a | ||||||
7 | "retailer maintaining a place of business within this
State" as
| ||||||
8 | defined in Section 2 of the Use Tax Act. For purposes of this | ||||||
9 | Section, the term
"affiliate"
means any entity that (1) | ||||||
10 | directly, indirectly, or constructively controls
another | ||||||
11 | entity, (2)
is directly, indirectly, or constructively | ||||||
12 | controlled by another entity, or (3)
is subject to
the control | ||||||
13 | of a common entity. For purposes of this subsection (b), an | ||||||
14 | entity
controls
another entity if it owns, directly or | ||||||
15 | individually, more than 10% of the
voting
securities
of that | ||||||
16 | entity. As used in this subsection (b), the term "voting | ||||||
17 | security"
means a security
that (1) confers upon the holder the | ||||||
18 | right to vote for the election of members
of the board
of | ||||||
19 | directors or similar governing body of the business or (2) is | ||||||
20 | convertible
into, or entitles
the holder to receive upon its | ||||||
21 | exercise, a security that confers such a right
to
vote. A
| ||||||
22 | general partnership interest is a voting security.
| ||||||
23 | To require that bids and contracts include a certification | ||||||
24 | by the bidder
or
contractor that the bidder or contractor is | ||||||
25 | not barred from bidding for or
entering into a
contract under | ||||||
26 | this Section and that the bidder or contractor acknowledges | ||||||
27 | that
the school
board may declare the contract void if the | ||||||
28 | certification completed pursuant to
this
subsection (b) is | ||||||
29 | false.
| ||||||
30 | (c) If the State education purchasing entity creates a | ||||||
31 | master contract as defined in Article 28A of this Code, then | ||||||
32 | the State education purchasing entity shall notify school | ||||||
33 | districts of the existence of the master contract. | ||||||
34 | (d) In purchasing supplies, materials, equipment, or | ||||||
35 | services that are not subject to subsection (c) of this | ||||||
36 | Section, before a school district solicits bids or awards a |
| |||||||
| |||||||
1 | contract, the district may review and consider as a bid under | ||||||
2 | subsection (a) of this Section certified education purchasing | ||||||
3 | contracts that are already available through the State | ||||||
4 | education purchasing entity. | ||||||
5 | (Source: P.A. 93-25, eff. 6-20-03.)
| ||||||
6 | (105 ILCS 5/Art. 28A heading new)
| ||||||
7 | ARTICLE 28A. Education Purchasing Program. | ||||||
8 | (105 ILCS 5/28A-5 new)
| ||||||
9 | Sec. 28A-5. Definitions. In this Article: | ||||||
10 | "State Board" means the State Board of Education. | ||||||
11 | "Education purchasing contract" means a contract | ||||||
12 | negotiated by the State Board, a local, State, or federal | ||||||
13 | governmental entity, or a not-for-profit, for-profit, or | ||||||
14 | cooperative entity that is certified under Section 28A-15 of | ||||||
15 | this Code and made available to school districts.
| ||||||
16 | "Master contract" means a contract designated as a | ||||||
17 | statewide education master contract under Section 28A-15 of | ||||||
18 | this Code.
| ||||||
19 | "Program" means the education purchasing program created | ||||||
20 | under this Article. | ||||||
21 | (105 ILCS 5/28A-10 new)
| ||||||
22 | Sec. 28A-10. Program created. The State Board shall create | ||||||
23 | an education purchasing program. Under the program, the State | ||||||
24 | Board shall designate itself or another entity to act as a | ||||||
25 | State education purchasing entity to form and designate | ||||||
26 | statewide education master contracts and to certify education | ||||||
27 | purchasing contracts for key categories identified and defined | ||||||
28 | by the State Board. The State education purchasing entity shall | ||||||
29 | provide master contract and education purchasing contract | ||||||
30 | information and pricing to school districts. | ||||||
31 | (105 ILCS 5/28A-15 new)
| ||||||
32 | Sec. 28A-15. Powers of State education purchasing entity. |
| |||||||
| |||||||
1 | The State education purchasing entity shall have all of the | ||||||
2 | following powers: | ||||||
3 | (1) To select vendors and form contracts in accordance | ||||||
4 | with the State's purchasing laws. | ||||||
5 | (2) To designate a contract as a statewide education | ||||||
6 | master contract for purposes of subsection (c) of Section | ||||||
7 | 10-20.21 of this Code. | ||||||
8 | (3) To certify an education purchasing contract, | ||||||
9 | provided that the contract was entered into according to | ||||||
10 | procedures and conditions that conform to applicable State | ||||||
11 | purchasing laws, for purposes of subsection (d) of Section | ||||||
12 | 10-20.21 of this Code. | ||||||
13 | (4) To facilitate the inter-district sale or transfer | ||||||
14 | of excess inventory or equipment. | ||||||
15 | (5) To select and subsidize e-procurement tools to be | ||||||
16 | implemented within school districts. | ||||||
17 | (105 ILCS 5/28A-20 new)
| ||||||
18 | Sec. 28A-20. Rules. The State Board or other State agency | ||||||
19 | designated by the State Board may adopt rules to implement the | ||||||
20 | program.
| ||||||
21 | Section 95. The State Mandates Act is amended by adding | ||||||
22 | Section 8.28 as
follows:
| ||||||
23 | (30 ILCS 805/8.28 new)
| ||||||
24 | Sec. 8.28. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
25 | of this
Act, no reimbursement by the State is required for the | ||||||
26 | implementation of
any mandate created by this amendatory Act of | ||||||
27 | the 93rd General Assembly.
| ||||||
28 | Section 97. Severability. The provisions of this Act are | ||||||
29 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
30 | Section 99. Effective date. This Act takes effect July 1, | ||||||
31 | 2004, except that the provisions changing Section 10-20.21 of |
| |||||||
| |||||||
1 | the School Code take effect on July 1, 2005. |