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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||
5 | 10-20.21 as follows:
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6 | (105 ILCS 5/10-20.21) (from Ch. 122, par. 10-20.21)
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7 | Sec. 10-20.21. Contracts.
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8 | (a)
To award all contracts for
purchase of supplies, | ||||||
9 | materials or work or contracts with private carriers
for | ||||||
10 | transportation of pupils involving an expenditure in excess of | ||||||
11 | $10,000
to the lowest responsible bidder, considering | ||||||
12 | conformity with
specifications, terms of delivery, quality and | ||||||
13 | serviceability, after due
advertisement, except the following: | ||||||
14 | (i) contracts for the services of
individuals possessing a high | ||||||
15 | degree of professional skill where the
ability or fitness of | ||||||
16 | the individual plays an important part; (ii)
contracts for the | ||||||
17 | printing of finance committee reports and departmental
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18 | reports; (iii) contracts for the printing or engraving of | ||||||
19 | bonds, tax
warrants and other evidences of indebtedness; (iv) | ||||||
20 | contracts for the
purchase of perishable foods and perishable | ||||||
21 | beverages; (v) contracts for
materials and work which have been | ||||||
22 | awarded to the lowest responsible bidder
after due | ||||||
23 | advertisement, but due to unforeseen revisions, not the fault |
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1 | of
the contractor for materials and work, must be revised | ||||||
2 | causing expenditures
not in excess of 10% of the contract | ||||||
3 | price; (vi)
contracts for the maintenance or servicing of, or | ||||||
4 | provision of
repair parts for, equipment which are made with | ||||||
5 | the manufacturer or
authorized service agent of that equipment | ||||||
6 | where the provision of parts,
maintenance, or servicing can | ||||||
7 | best be performed by the manufacturer or
authorized service | ||||||
8 | agent; (vii) purchases and contracts for the use,
purchase, | ||||||
9 | delivery, movement, or installation of data processing | ||||||
10 | equipment,
software, or services and telecommunications and | ||||||
11 | interconnect
equipment, software, and services; (viii) | ||||||
12 | contracts for duplicating
machines and supplies; (ix) | ||||||
13 | contracts for the purchase of natural gas when
the cost is less | ||||||
14 | than that offered by a public utility; (x) purchases of
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15 | equipment previously owned by some entity other than the | ||||||
16 | district
itself; (xi) contracts for repair, maintenance, | ||||||
17 | remodeling, renovation, or
construction, or a single project | ||||||
18 | involving an expenditure not to exceed
$20,000 and not | ||||||
19 | involving a change or increase in the size, type, or extent
of | ||||||
20 | an existing facility; (xii) contracts for goods or services | ||||||
21 | procured
from another governmental agency; (xiii) contracts | ||||||
22 | for goods or services
which are economically procurable from | ||||||
23 | only one source, such as for the
purchase of magazines, books, | ||||||
24 | periodicals, pamphlets and reports, and for
utility services | ||||||
25 | such as water, light, heat, telephone or telegraph;
(xiv) where | ||||||
26 | funds are expended in an emergency and such emergency
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1 | expenditure is approved by 3/4 of the members of the board; and | ||||||
2 | (xv) State master contracts authorized under Article 28A of | ||||||
3 | this Code. | ||||||
4 | All competitive
bids for contracts involving an | ||||||
5 | expenditure in excess of $10,000 must be
sealed by the bidder | ||||||
6 | and must be opened by a member or employee of the
school board | ||||||
7 | at a public bid opening at which the contents of the bids
must | ||||||
8 | be announced. Each bidder must receive at least 3 days' notice | ||||||
9 | of the
time and place of the bid opening. For purposes of this | ||||||
10 | Section due
advertisement includes, but is not limited to, at | ||||||
11 | least one public notice
at least 10 days before the bid date in | ||||||
12 | a newspaper published in the
district, or if no newspaper is | ||||||
13 | published in the district, in a newspaper
of general | ||||||
14 | circulation in the area of the district. State master contracts | ||||||
15 | and certified education purchasing contracts, as defined in | ||||||
16 | Article 28A of this Code, are not subject to the requirements | ||||||
17 | of this paragraph.
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18 | Under this Section, the acceptance of bids sealed by a | ||||||
19 | bidder and the opening of these bids at a public bid opening | ||||||
20 | may be permitted by an electronic process for communicating, | ||||||
21 | accepting, and opening competitive bids. An electronic bidding | ||||||
22 | process must provide for, but is not limited to, the following | ||||||
23 | safeguards: | ||||||
24 | (1) On the date and time certain of a bid opening, the | ||||||
25 | primary person conducting the competitive, sealed, | ||||||
26 | electronic bid process shall log onto a specified database |
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1 | using a unique username and password previously assigned to | ||||||
2 | the bidder to allow access to the bidder's specific bid | ||||||
3 | project number. | ||||||
4 | (2) The specified electronic database must be on a | ||||||
5 | network that (i) is in a secure environment behind a | ||||||
6 | firewall; (ii) has specific encryption tools; (iii) | ||||||
7 | maintains specific intrusion detection systems; (iv) has | ||||||
8 | redundant systems architecture with data storage back-up, | ||||||
9 | whether by compact disc or tape; and (v) maintains a | ||||||
10 | disaster recovery plan.
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11 | It is the legislative intent of this amendatory Act of the 95th | ||||||
12 | General Assembly to maintain the integrity of the sealed | ||||||
13 | bidding process provided for in this Section, to further limit | ||||||
14 | any possibility of bid-rigging, to reduce administrative costs | ||||||
15 | to school districts, and to effect efficiencies in | ||||||
16 | communications with bidders. Notwithstanding any other | ||||||
17 | rulemaking authority that may exist, neither the Governor nor | ||||||
18 | any agency or agency head under the jurisdiction of the | ||||||
19 | Governor has any authority to make or promulgate rules to | ||||||
20 | implement or enforce the provisions of this amendatory Act of | ||||||
21 | the 95th General Assembly. If, however, the Governor believes | ||||||
22 | that rules are necessary to implement or enforce the provisions | ||||||
23 | of this amendatory Act of the 95th General Assembly, the | ||||||
24 | Governor may suggest rules to the General Assembly by filing | ||||||
25 | them with the Clerk of the House and the Secretary of the | ||||||
26 | Senate and by requesting that the General Assembly authorize |
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1 | such rulemaking by law, enact those suggested rules into law, | ||||||
2 | or take any other appropriate action in the General Assembly's | ||||||
3 | discretion. Nothing contained in this amendatory Act of the | ||||||
4 | 95th General Assembly shall be interpreted to grant rulemaking | ||||||
5 | authority under any other Illinois statute where such authority | ||||||
6 | is not otherwise explicitly given. For the purposes of this | ||||||
7 | paragraph, "rules" is given the meaning contained in Section | ||||||
8 | 1-70 of the Illinois Administrative Procedure Act, and "agency" | ||||||
9 | and "agency head" are given the meanings contained in Sections | ||||||
10 | 1-20 and 1-25 of the Illinois Administrative Procedure Act to | ||||||
11 | the extent that such definitions apply to agencies or agency | ||||||
12 | heads under the jurisdiction of the Governor. | ||||||
13 | (b) To require, as a condition of any contract for goods | ||||||
14 | and services,
that persons
bidding for and awarded a contract | ||||||
15 | and all affiliates of the person collect and
remit
Illinois Use | ||||||
16 | Tax on all sales of tangible personal property into the State | ||||||
17 | of
Illinois in
accordance with the provisions of the Illinois | ||||||
18 | Use Tax Act regardless of whether
the
person or affiliate is a | ||||||
19 | "retailer maintaining a place of business within this
State" as
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20 | defined in Section 2 of the Use Tax Act. For purposes of this | ||||||
21 | Section, the term
"affiliate"
means any entity that (1) | ||||||
22 | directly, indirectly, or constructively controls
another | ||||||
23 | entity, (2)
is directly, indirectly, or constructively | ||||||
24 | controlled by another entity, or (3)
is subject to
the control | ||||||
25 | of a common entity. For purposes of this subsection (b), an | ||||||
26 | entity
controls
another entity if it owns, directly or |
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1 | individually, more than 10% of the
voting
securities
of that | ||||||
2 | entity. As used in this subsection (b), the term "voting | ||||||
3 | security"
means a security
that (1) confers upon the holder the | ||||||
4 | right to vote for the election of members
of the board
of | ||||||
5 | directors or similar governing body of the business or (2) is | ||||||
6 | convertible
into, or entitles
the holder to receive upon its | ||||||
7 | exercise, a security that confers such a right
to
vote. A
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8 | general partnership interest is a voting security.
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9 | To require that bids and contracts include a certification | ||||||
10 | by the bidder
or
contractor that the bidder or contractor is | ||||||
11 | not barred from bidding for or
entering into a
contract under | ||||||
12 | this Section and that the bidder or contractor acknowledges | ||||||
13 | that
the school
board may declare the contract void if the | ||||||
14 | certification completed pursuant to
this
subsection (b) is | ||||||
15 | false.
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16 | (b-5) To require all contracts and agreements that pertain | ||||||
17 | to goods and services and that are intended to generate | ||||||
18 | additional revenue and other remunerations for the school | ||||||
19 | district in excess of $1,000, including without limitation | ||||||
20 | vending machine contracts, sports and other attire, class | ||||||
21 | rings, and photographic services, to be approved by the school | ||||||
22 | board. The school board shall file as an attachment to its | ||||||
23 | annual budget a report, in a form as determined by the State | ||||||
24 | Board of Education, indicating for the prior year the name of | ||||||
25 | the vendor, the product or service provided, and the actual net | ||||||
26 | revenue and non-monetary remuneration from each of the |
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1 | contracts or agreements. In addition, the report shall indicate | ||||||
2 | for what purpose the revenue was used and how and to whom the | ||||||
3 | non-monetary remuneration was distributed.
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4 | (c) If the State education purchasing entity creates a | ||||||
5 | master contract as defined in Article 28A of this Code, then | ||||||
6 | the State education purchasing entity shall notify school | ||||||
7 | districts of the existence of the master contract. | ||||||
8 | (d) In purchasing supplies, materials, equipment, or | ||||||
9 | services that are not subject to subsection (c) of this | ||||||
10 | Section, before a school district solicits bids or awards a | ||||||
11 | contract, the district may review and consider as a bid under | ||||||
12 | subsection (a) of this Section certified education purchasing | ||||||
13 | contracts that are already available through the State | ||||||
14 | education purchasing entity. | ||||||
15 | (Source: P.A. 93-25, eff. 6-20-03; 93-1036, eff. 9-14-04; | ||||||
16 | 94-714, eff. 7-1-06 .)
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17 | Section 90. The State Mandates Act is amended by adding | ||||||
18 | Section 8.32 as follows: | ||||||
19 | (30 ILCS 805/8.32 new) | ||||||
20 | Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
21 | of this Act, no reimbursement by the State is required for the | ||||||
22 | implementation of any mandate created by this amendatory Act of | ||||||
23 | the 95th General Assembly.
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24 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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