Rep. Patrick J Verschoore
Filed: 10/11/2007
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1 | AMENDMENT TO HOUSE BILL 2544
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2 | AMENDMENT NO. ______. Amend House Bill 2544 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Sections | ||||||
5 | 10-9 and 10-22.3a as follows:
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6 | (105 ILCS 5/10-9) (from Ch. 122, par. 10-9)
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7 | Sec. 10-9. Interest of board member in contracts.
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8 | (a) No school board member shall be interested, directly or | ||||||
9 | indirectly,
in his own name or in the name of any other person, | ||||||
10 | association, trust or
corporation, in any contract, work or | ||||||
11 | business of the district or in the
sale of any article, | ||||||
12 | whenever the expense, price or consideration of the
contract, | ||||||
13 | work, business or sale is paid either from the treasury or by | ||||||
14 | any
assessment levied by any statute or ordinance. No school | ||||||
15 | board member
shall be interested, directly or indirectly, in | ||||||
16 | the purchase of any
property which (1) belongs to the district, |
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1 | or (2) is sold for taxes or
assessments, or (3) is sold by | ||||||
2 | virtue of legal process at the suit of
the district.
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3 | (b) However, any board member may provide materials, | ||||||
4 | merchandise,
property, services or labor, if:
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5 | A. the contract is with a person, firm, partnership, | ||||||
6 | association,
corporation or cooperative association in | ||||||
7 | which the board member has
less than a 7 1/2% share in the | ||||||
8 | ownership; and
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9 | B. such interested board member publicly discloses the | ||||||
10 | nature and
extent of his interest prior to or during | ||||||
11 | deliberations concerning the
proposed award of the | ||||||
12 | contract; and
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13 | C. such interested board member abstains from voting on | ||||||
14 | the award of
the contract, though he shall be considered | ||||||
15 | present for the purposes of
establishing a quorum; and
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16 | D. such contract is approved by a majority vote of | ||||||
17 | those board
members presently holding office; and
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18 | E. the contract is awarded after sealed bids to the | ||||||
19 | lowest
responsible bidder if the amount of the contract | ||||||
20 | exceeds $1500,
or
awarded without bidding if the amount of | ||||||
21 | the contract is less than
$1500; and
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22 | F. the award of the contract would not cause the | ||||||
23 | aggregate amount of
all such contracts so awarded to the | ||||||
24 | same person, firm, association,
partnership, corporation | ||||||
25 | or cooperative association in the same fiscal
year to | ||||||
26 | exceed $25,000.
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1 | (c) In addition to the above exemption, any board member | ||||||
2 | may provide
materials, merchandise, property, services or | ||||||
3 | labor if:
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4 | A. the award of the contract is approved by a majority | ||||||
5 | vote of the
board provided that any such interested member | ||||||
6 | shall abstain from
voting; and
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7 | B. the amount of the contract does not exceed $1,000; | ||||||
8 | and
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9 | C. the award of the contract would not cause the | ||||||
10 | aggregate amount of
all such contracts so awarded to the | ||||||
11 | same person, firm, association,
partnership, corporation, | ||||||
12 | or cooperative association in the same fiscal
year to | ||||||
13 | exceed $2,000, except with respect to a board member of a | ||||||
14 | school
district in which the materials, merchandise, | ||||||
15 | property, services, or labor to
be provided under the | ||||||
16 | contract are not available from any other person, firm,
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17 | association, partnership, corporation, or cooperative | ||||||
18 | association in the
district, in which event the award of | ||||||
19 | the contract shall not cause the
aggregate amount of all | ||||||
20 | contracts so awarded to that same person, firm,
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21 | association, partnership, or cooperative association in | ||||||
22 | the same fiscal year to
exceed $5,000; and
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23 | D. such interested member publicly discloses the | ||||||
24 | nature and extent
of his interest prior to or during | ||||||
25 | deliberations concerning the proposed
award of the | ||||||
26 | contract; and
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1 | E. such interested member abstains from voting on the | ||||||
2 | award of the
contract, though he shall be considered | ||||||
3 | present for the purposes of
establishing a quorum.
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4 | (d) In addition to exemptions otherwise authorized by this | ||||||
5 | Section, any
board member may purchase for use as the board | ||||||
6 | member's primary place of
residence a house constructed by the | ||||||
7 | district's vocational education
students on the same basis that | ||||||
8 | any other person would be entitled to
purchase the property. | ||||||
9 | The sale of the house by the district must comply
with the | ||||||
10 | requirements set forth in Section 5-22 of The School Code.
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11 | (e) A contract for the procurement of public utility | ||||||
12 | services by a
district with a public utility company is not | ||||||
13 | barred by this Section by
one or more members of the board | ||||||
14 | being an officer or employee of the
public utility company or | ||||||
15 | holding an ownership interest of no more than
7 1/2% in the | ||||||
16 | public utility company, or holding an ownership interest of
any | ||||||
17 | size if the school district has a population of less than 7,500 | ||||||
18 | and
the public utility's rates are approved by the Illinois | ||||||
19 | Commerce
Commission. An elected or appointed member of the | ||||||
20 | board having such an
interest shall be deemed not to have a | ||||||
21 | prohibited interest under this Section.
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22 | (f) Nothing contained in this Section, including the | ||||||
23 | restrictions set
forth in subsections (b), (c), (d) and (e), | ||||||
24 | shall preclude a contract of
deposit of monies, loans or other | ||||||
25 | financial services by a school
district with a local bank or | ||||||
26 | local savings and loan association,
regardless of whether a |
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1 | member or members of the governing body of the
school district | ||||||
2 | are interested in such bank or savings and loan
association as | ||||||
3 | an officer or employee or as a holder of less than 7 1/2%
of the | ||||||
4 | total ownership interest. A member or members holding such an
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5 | interest in such a contract shall not be deemed to be holding a
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6 | prohibited interest for purposes of this Act. Such interested | ||||||
7 | member or
members of the governing body must publicly state the | ||||||
8 | nature and extent
of their interest during deliberations | ||||||
9 | concerning the proposed award of
such a contract, but shall not | ||||||
10 | participate in any further deliberations
concerning the | ||||||
11 | proposed award. Such interested member or members shall
not | ||||||
12 | vote on such a proposed award. Any member or members abstaining
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13 | from participation in deliberations and voting under this | ||||||
14 | Section may be
considered present for purposes of establishing | ||||||
15 | a quorum. Award of such
a contract shall require approval by a | ||||||
16 | majority vote of those members
presently holding office. | ||||||
17 | Consideration and award of any such contract
in which a member | ||||||
18 | or members are interested may only be made at a
regularly | ||||||
19 | scheduled public meeting of the governing body of the school
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20 | district.
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21 | (f-5) It is not a conflict of interest for an elected board | ||||||
22 | member who is a recipient of benefits under the district's | ||||||
23 | health insurance plan to vote on the district's health | ||||||
24 | insurance contract and issues related to that contract.
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25 | (g) Any school board member who violates this Section is | ||||||
26 | guilty of a
Class 4 felony and in addition thereto any office |
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1 | held by such person so
convicted shall become vacant and shall | ||||||
2 | be so declared as part of the
judgment of the court.
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3 | (Source: P.A. 89-244, eff. 8-4-95.)
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4 | (105 ILCS 5/10-22.3a) (from Ch. 122, par. 10-22.3a)
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5 | Sec. 10-22.3a. To provide for or to participate in | ||||||
6 | provisions for insurance
protection and benefits for its | ||||||
7 | employees and their dependents including
but not limited to | ||||||
8 | retirement annuities, medical, surgical and
hospitalization | ||||||
9 | benefits in such types and amounts, if any, as shall be
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10 | determined by the board, for the purpose of aiding in securing | ||||||
11 | and
retaining the services of competent employees. Where | ||||||
12 | employee participation
in such provisions is involved, the | ||||||
13 | board, with the consent of the
employee, may withhold | ||||||
14 | deductions from the employee's salary necessary to
defray the | ||||||
15 | employee's share of such insurance costs. Such insurance or
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16 | benefits may be contracted for only with an insurance company | ||||||
17 | authorized to
do business in this State. Such insurance may | ||||||
18 | include provisions
for employees and their dependents who rely | ||||||
19 | on treatment by prayer or
spiritual means alone for healing, in | ||||||
20 | accordance with the tenets and
practice of a recognized | ||||||
21 | religious denomination.
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22 | For purposes of this Section, the term "dependent" means an | ||||||
23 | employee's
spouse and any unmarried child (1) under the age of | ||||||
24 | 19 years including (a)
an adopted child and (b) a step-child or | ||||||
25 | recognized child who lives with
the employee in a regular |
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1 | parent-child relationship, or (2) under the age
of 23 who is | ||||||
2 | enrolled as a full-time student in any accredited school,
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3 | college or university. | ||||||
4 | Nothing contained in this Code shall
may preclude an | ||||||
5 | elected school board member from participating in a group | ||||||
6 | health insurance program provided to that person as a retired | ||||||
7 | employee of the school district that the board member serves or | ||||||
8 | as a dependent of a current or retired
an employee of the | ||||||
9 | school district that the board member serves if the board | ||||||
10 | member is a dependent of that employee .
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11 | (Source: P.A. 94-410, eff. 8-2-05.)
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
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