Elementary & Secondary Education Committee

Filed: 10/25/2005

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 293

2     AMENDMENT NO. ______. Amend Senate Bill 293 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The School Code is amended by changing Section
5 10-20.21 as follows:
 
6     (105 ILCS 5/10-20.21)  (from Ch. 122, par. 10-20.21)
7     Sec. 10-20.21. Contracts.
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
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
24 of the contractor for materials and work, must be revised

 

 

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1 causing expenditures not in excess of 10% of the contract
2 price; (vi) contracts for the maintenance or servicing of, or
3 provision of repair parts for, equipment which are made with
4 the manufacturer or authorized service agent of that equipment
5 where the provision of parts, maintenance, or servicing can
6 best be performed by the manufacturer or authorized service
7 agent; (vii) purchases and contracts for the use, purchase,
8 delivery, movement, or installation of data processing
9 equipment, software, or services and telecommunications and
10 interconnect equipment, software, and services; (viii)
11 contracts for duplicating machines and supplies; (ix)
12 contracts for the purchase of natural gas when the cost is less
13 than that offered by a public utility; (x) purchases of
14 equipment previously owned by some entity other than the
15 district itself; (xi) contracts for repair, maintenance,
16 remodeling, renovation, or construction, or a single project
17 involving an expenditure not to exceed $20,000 and not
18 involving a change or increase in the size, type, or extent of
19 an existing facility; (xii) contracts for goods or services
20 procured from another governmental agency; (xiii) contracts
21 for goods or services which are economically procurable from
22 only one source, such as for the purchase of magazines, books,
23 periodicals, pamphlets and reports, and for utility services
24 such as water, light, heat, telephone or telegraph; (xiv) where
25 funds are expended in an emergency and such emergency
26 expenditure is approved by 3/4 of the members of the board; and
27 (xv) State master contracts authorized under Article 28A of
28 this Code.
29     All competitive bids for contracts involving an
30 expenditure in excess of $10,000 must be sealed by the bidder
31 and must be opened by a member or employee of the school board
32 at a public bid opening at which the contents of the bids must
33 be announced. Each bidder must receive at least 3 days' notice
34 of the time and place of the bid opening. For purposes of this

 

 

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1 Section due advertisement includes, but is not limited to, at
2 least one public notice at least 10 days before the bid date in
3 a newspaper published in the district, or if no newspaper is
4 published in the district, in a newspaper of general
5 circulation in the area of the district. State master contracts
6 and certified education purchasing contracts, as defined in
7 Article 28A of this Code, are not subject to the requirements
8 of this paragraph.
9     (b) To require, as a condition of any contract for goods
10 and services, that persons bidding for and awarded a contract
11 and all affiliates of the person collect and remit Illinois Use
12 Tax on all sales of tangible personal property into the State
13 of Illinois in accordance with the provisions of the Illinois
14 Use Tax Act regardless of whether the person or affiliate is a
15 "retailer maintaining a place of business within this State" as
16 defined in Section 2 of the Use Tax Act. For purposes of this
17 Section, the term "affiliate" means any entity that (1)
18 directly, indirectly, or constructively controls another
19 entity, (2) is directly, indirectly, or constructively
20 controlled by another entity, or (3) is subject to the control
21 of a common entity. For purposes of this subsection (b), an
22 entity controls another entity if it owns, directly or
23 individually, more than 10% of the voting securities of that
24 entity. As used in this subsection (b), the term "voting
25 security" means a security that (1) confers upon the holder the
26 right to vote for the election of members of the board of
27 directors or similar governing body of the business or (2) is
28 convertible into, or entitles the holder to receive upon its
29 exercise, a security that confers such a right to vote. A
30 general partnership interest is a voting security.
31     To require that bids and contracts include a certification
32 by the bidder or contractor that the bidder or contractor is
33 not barred from bidding for or entering into a contract under
34 this Section and that the bidder or contractor acknowledges

 

 

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1 that the school board may declare the contract void if the
2 certification completed pursuant to this subsection (b) is
3 false.
4     (b-5) To require all contracts and agreements that pertain
5 to goods and services and that are intended to generate
6 additional revenue and other remunerations for the school
7 district in excess of $1,000, including without limitation
8 vending machine contracts, sports and other attire, class
9 rings, and photographic services, to be approved by the school
10 board. The school board shall file as an attachment to its
11 annual budget a report, in a form as determined by the State
12 Board of Education, indicating for the prior year the name of
13 the vendor, the product or service provided, and the actual net
14 revenue and non-monetary remuneration from each of the
15 contracts or agreements. In addition, the report shall indicate
16 for what purpose the revenue was used and how and to whom the
17 non-monetary remuneration was distributed.
18     (c) If the State education purchasing entity creates a
19 master contract as defined in Article 28A of this Code, then
20 the State education purchasing entity shall notify school
21 districts of the existence of the master contract.
22     (d) In purchasing supplies, materials, equipment, or
23 services that are not subject to subsection (c) of this
24 Section, before a school district solicits bids or awards a
25 contract, the district may review and consider as a bid under
26 subsection (a) of this Section certified education purchasing
27 contracts that are already available through the State
28 education purchasing entity.
29 (Source: P.A. 93-25, eff. 6-20-03; 93-1036, eff. 9-14-04.)
 
30     Section 90. The State Mandates Act is amended by adding
31 Section 8.29 as follows:
 
32     (30 ILCS 805/8.29 new)

 

 

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1     Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8
2 of this Act, no reimbursement by the State is required for the
3 implementation of any mandate created by this amendatory Act of
4 the 94th General Assembly.
 
5     Section 99. Effective date. This Act takes effect July 1,
6 2006.".