HB3720 94TH GENERAL ASSEMBLY

LRB094 08714 RAS 38926 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3720

Introduced 2/24/2005, by Rep. Eileen Lyons

SYNOPSIS AS INTRODUCED:

110 ILCS 805/3-27.1	from Ch. 122, par. 103-27.1
30 ILCS 805/8.29 new

Amends the Public Community College Act. Provides that in awarding contracts involving an expenditure in excess of $10,000, the board of trustees of a community college district shall comply with the same requirements that apply to the awarding of State contracts under the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. Provides that at least 5% less than the percentage preference given under the Business Enterprise for Minorities, Females, and Persons with Disabilities Act shall be established as a goal to be awarded to businesses located within the community college district. Amends the State Mandates Act to require implementation without reimbursement. Effective July 1, 2005.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. 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 $10,000 in accordance with this Section.

In awarding contracts under this Section, the board shall comply with the same requirements that apply to the awarding of State contracts under Section 4 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. In addition, at least 5% less than the percentage preference given under Section 4 of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act shall be established as a goal to be awarded to businesses located within the community college district. In meeting these preference goals and for any contracts awarded after these preference goals have been met, the board shall award contracts under this Section to the lowest responsible 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 the lowest responsible 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 $15,000 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 such as water, light, heat, telephone or telegraph; and (m) where funds are expended in an emergency and such emergency expenditure is approved by 3/4 of the members of the board.

All competitive bids for contracts involving an expenditure in excess of $10,000 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.

The provisions of this Section do not apply to guaranteed energy savings contracts entered into under Article V-A.

(Source: P.A. 87-1023; 88-173.)

Section 90. The State Mandates Act is amended by adding Section 8.29 as follows:

(30 ILCS 805/8.29 new)

Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.

Section 99. Effective date. This Act takes effect July 1, 2005.