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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 Sections | ||||||||||||||||||||||||||||||
5 | 10-20.21, 29-6.1, and 34-21.3 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 (except as otherwise provided in | ||||||||||||||||||||||||||||||
11 | Section 29-6.1 of this Code) involving an expenditure in excess | ||||||||||||||||||||||||||||||
12 | of $10,000
to the lowest responsible bidder, considering | ||||||||||||||||||||||||||||||
13 | conformity with
specifications, terms of delivery, quality and | ||||||||||||||||||||||||||||||
14 | serviceability, after due
advertisement, except the following: | ||||||||||||||||||||||||||||||
15 | (i) contracts for the services of
individuals possessing a high | ||||||||||||||||||||||||||||||
16 | degree of professional skill where the
ability or fitness of | ||||||||||||||||||||||||||||||
17 | the individual plays an important part; (ii)
contracts for the | ||||||||||||||||||||||||||||||
18 | printing of finance committee reports and departmental
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19 | reports; (iii) contracts for the printing or engraving of | ||||||||||||||||||||||||||||||
20 | bonds, tax
warrants and other evidences of indebtedness; (iv) | ||||||||||||||||||||||||||||||
21 | contracts for the
purchase of perishable foods and perishable | ||||||||||||||||||||||||||||||
22 | beverages; (v) contracts for
materials and work which have been | ||||||||||||||||||||||||||||||
23 | awarded to the lowest responsible bidder
after due |
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1 | advertisement, but due to unforeseen revisions, not the fault | ||||||
2 | of
the contractor for materials and work, must be revised | ||||||
3 | causing expenditures
not in excess of 10% of the contract | ||||||
4 | price; (vi)
contracts for the maintenance or servicing of, or | ||||||
5 | provision of
repair parts for, equipment which are made with | ||||||
6 | the manufacturer or
authorized service agent of that equipment | ||||||
7 | where the provision of parts,
maintenance, or servicing can | ||||||
8 | best be performed by the manufacturer or
authorized service | ||||||
9 | agent; (vii) purchases and contracts for the use,
purchase, | ||||||
10 | delivery, movement, or installation of data processing | ||||||
11 | equipment,
software, or services and telecommunications and | ||||||
12 | interconnect
equipment, software, and services; (viii) | ||||||
13 | contracts for duplicating
machines and supplies; (ix) | ||||||
14 | contracts for the purchase of natural gas when
the cost is less | ||||||
15 | than that offered by a public utility; (x) purchases of
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16 | equipment previously owned by some entity other than the | ||||||
17 | district
itself; (xi) contracts for repair, maintenance, | ||||||
18 | remodeling, renovation, or
construction, or a single project | ||||||
19 | involving an expenditure not to exceed
$20,000 and not | ||||||
20 | involving a change or increase in the size, type, or extent
of | ||||||
21 | an existing facility; (xii) contracts for goods or services | ||||||
22 | procured
from another governmental agency; (xiii) contracts | ||||||
23 | for goods or services
which are economically procurable from | ||||||
24 | only one source, such as for the
purchase of magazines, books, | ||||||
25 | periodicals, pamphlets and reports, and for
utility services | ||||||
26 | such as water, light, heat, telephone or telegraph;
(xiv) where |
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1 | funds are expended in an emergency and such emergency
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2 | expenditure is approved by 3/4 of the members of the board; and | ||||||
3 | (xv) State master contracts authorized under Article 28A of | ||||||
4 | this Code. | ||||||
5 | All competitive
bids for contracts involving an | ||||||
6 | expenditure in excess of $10,000 must be
sealed by the bidder | ||||||
7 | and must be opened by a member or employee of the
school board | ||||||
8 | at a public bid opening at which the contents of the bids
must | ||||||
9 | be announced. Each bidder must receive at least 3 days' notice | ||||||
10 | of the
time and place of the bid opening. For purposes of this | ||||||
11 | Section due
advertisement includes, but is not limited to, at | ||||||
12 | least one public notice
at least 10 days before the bid date in | ||||||
13 | a newspaper published in the
district, or if no newspaper is | ||||||
14 | published in the district, in a newspaper
of general | ||||||
15 | circulation in the area of the district. State master contracts | ||||||
16 | and certified education purchasing contracts, as defined in | ||||||
17 | Article 28A of this Code, are not subject to the requirements | ||||||
18 | of this paragraph.
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19 | (b) To require, as a condition of any contract for goods | ||||||
20 | and services,
that persons
bidding for and awarded a contract | ||||||
21 | and all affiliates of the person collect and
remit
Illinois Use | ||||||
22 | Tax on all sales of tangible personal property into the State | ||||||
23 | of
Illinois in
accordance with the provisions of the Illinois | ||||||
24 | Use Tax Act regardless of whether
the
person or affiliate is a | ||||||
25 | "retailer maintaining a place of business within this
State" as
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26 | defined in Section 2 of the Use Tax Act. For purposes of this |
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1 | Section, the term
"affiliate"
means any entity that (1) | ||||||
2 | directly, indirectly, or constructively controls
another | ||||||
3 | entity, (2)
is directly, indirectly, or constructively | ||||||
4 | controlled by another entity, or (3)
is subject to
the control | ||||||
5 | of a common entity. For purposes of this subsection (b), an | ||||||
6 | entity
controls
another entity if it owns, directly or | ||||||
7 | individually, more than 10% of the
voting
securities
of that | ||||||
8 | entity. As used in this subsection (b), the term "voting | ||||||
9 | security"
means a security
that (1) confers upon the holder the | ||||||
10 | right to vote for the election of members
of the board
of | ||||||
11 | directors or similar governing body of the business or (2) is | ||||||
12 | convertible
into, or entitles
the holder to receive upon its | ||||||
13 | exercise, a security that confers such a right
to
vote. A
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14 | general partnership interest is a voting security.
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15 | To require that bids and contracts include a certification | ||||||
16 | by the bidder
or
contractor that the bidder or contractor is | ||||||
17 | not barred from bidding for or
entering into a
contract under | ||||||
18 | this Section and that the bidder or contractor acknowledges | ||||||
19 | that
the school
board may declare the contract void if the | ||||||
20 | certification completed pursuant to
this
subsection (b) is | ||||||
21 | false.
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22 | (b-5) To require all contracts and agreements that pertain | ||||||
23 | to goods and services and that are intended to generate | ||||||
24 | additional revenue and other remunerations for the school | ||||||
25 | district in excess of $1,000, including without limitation | ||||||
26 | vending machine contracts, sports and other attire, class |
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1 | rings, and photographic services, to be approved by the school | ||||||
2 | board. The school board shall file as an attachment to its | ||||||
3 | annual budget a report, in a form as determined by the State | ||||||
4 | Board of Education, indicating for the prior year the name of | ||||||
5 | the vendor, the product or service provided, and the actual net | ||||||
6 | revenue and non-monetary remuneration from each of the | ||||||
7 | contracts or agreements. In addition, the report shall indicate | ||||||
8 | for what purpose the revenue was used and how and to whom the | ||||||
9 | non-monetary remuneration was distributed.
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10 | (c) If the State education purchasing entity creates a | ||||||
11 | master contract as defined in Article 28A of this Code, then | ||||||
12 | the State education purchasing entity shall notify school | ||||||
13 | districts of the existence of the master contract. | ||||||
14 | (d) In purchasing supplies, materials, equipment, or | ||||||
15 | services that are not subject to subsection (c) of this | ||||||
16 | Section, before a school district solicits bids or awards a | ||||||
17 | contract, the district may review and consider as a bid under | ||||||
18 | subsection (a) of this Section certified education purchasing | ||||||
19 | contracts that are already available through the State | ||||||
20 | education purchasing entity. | ||||||
21 | (Source: P.A. 93-25, eff. 6-20-03; 93-1036, eff. 9-14-04; | ||||||
22 | 94-714, eff. 7-1-06 .)
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23 | (105 ILCS 5/29-6.1) (from Ch. 122, par. 29-6.1)
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24 | Sec. 29-6.1. Contracts for transportation. Subject to | ||||||
25 | Section 6-106.11
of the Illinois Vehicle Code,
school boards |
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1 | may enter into contracts for up to 3 years for transportation
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2 | of pupils to and from school. Such contracts may be extended | ||||||
3 | for up to 2
additional years by mutual agreement of the | ||||||
4 | parties, and thereafter may
be extended on a year-to-year basis | ||||||
5 | by mutual agreement of the parties,
however no such contract | ||||||
6 | may be extended on a year-to-year basis if a
school board | ||||||
7 | receives a timely request from another interested contractor
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8 | that a contract be let by bid. Notwithstanding any other | ||||||
9 | provision of this Section or Section 10-20.21 or 34-21.3 of | ||||||
10 | this Code, in the case of a contract involving the | ||||||
11 | transportation of children with disabilities, as defined in | ||||||
12 | Article 14 of this Code, the contract must be procured in a | ||||||
13 | manner substantially equivalent to the procedures under | ||||||
14 | Section 20-10 or 20-15 of the Illinois Procurement Code.
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15 | (Source: P.A. 84-768.)
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16 | (105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)
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17 | Sec. 34-21.3. Contracts. The board shall by record vote let | ||||||
18 | all
contracts (other than those excepted
by Section 10-20.21 of | ||||||
19 | The School Code) for supplies, materials,
work, and contracts | ||||||
20 | with private carriers for transportation
of pupils (except as | ||||||
21 | otherwise provided in Section 29-6.1 of this Code) , involving | ||||||
22 | an expenditure in excess of $10,000 by competitive
bidding as | ||||||
23 | provided in Section 10-20.21 of The School Code.
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24 | The board may delegate to the general superintendent of | ||||||
25 | schools, by
resolution, the authority to approve contracts in |
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1 | amounts of $10,000 or
less.
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2 | For a period of one year from and after the expiration or | ||||||
3 | other termination
of his or her term of office as a member of | ||||||
4 | the board: (i) the former board
member shall not be eligible | ||||||
5 | for employment nor be employed by the board, a
local school | ||||||
6 | council, an attendance center, or any other
subdivision or | ||||||
7 | agent of the board or the school district governed by the | ||||||
8 | board,
and (ii) neither the board nor the chief purchasing | ||||||
9 | officer shall let or
delegate
authority to let any contract for
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10 | services, employment, or other work to the former board member | ||||||
11 | or to any
corporation,
partnership, association, sole | ||||||
12 | proprietorship, or other entity other than
publicly traded | ||||||
13 | companies from which the
former board member receives an annual | ||||||
14 | income, dividends, or other compensation
in excess of $1,500. | ||||||
15 | Any contract that is entered into by or under a
delegation of | ||||||
16 | authority from the board or the chief purchasing officer shall
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17 | contain a
provision stating that
the contract is not legally | ||||||
18 | binding on the board if entered into in violation
of the | ||||||
19 | provisions of this paragraph.
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20 | In addition, the State Board of Education, in consultation | ||||||
21 | with the board,
shall (i) review existing conflict of interest | ||||||
22 | and disclosure laws or
regulations that are applicable to the | ||||||
23 | executive officers and governing boards
of school districts | ||||||
24 | organized under this Article and school districts
generally, | ||||||
25 | (ii) determine what additional disclosure and conflict of | ||||||
26 | interest
provisions would enhance the reputation and fiscal |
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1 | integrity of the board and
the procedure under which contracts | ||||||
2 | for goods and services are let, and (iii)
develop appropriate | ||||||
3 | reporting forms and procedures applicable to the executive
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4 | officers, governing board, and other officials of the school | ||||||
5 | district.
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6 | (Source: P.A. 89-15, eff. 5-30-95.)
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7 | Section 90. The State Mandates Act is amended by adding | ||||||
8 | Section 8.32 as follows: | ||||||
9 | (30 ILCS 805/8.32 new) | ||||||
10 | Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
11 | of this Act, no reimbursement by the State is required for the | ||||||
12 | implementation of any mandate created by this amendatory Act of | ||||||
13 | the 95th General Assembly.
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