Full Text of SB2293 95th General Assembly
SB2293 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2293
Introduced 2/14/2008, by Sen. Edward D. Maloney SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/10-20.21 |
from Ch. 122, par. 10-20.21 |
105 ILCS 5/34-21.3 |
from Ch. 122, par. 34-21.3 |
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Amends the School Code. Requires that certain contracts involving an expenditure in excess of $25,000 or a lower amount as required by school board policy (rather than $10,000) be awarded to the lowest responsible bidder. Changes an exception with respect to contracts for repair, maintenance, remodeling, renovation, or construction or a single project involving an expenditure not to exceed $50,000 (rather than $20,000). Effective immediately.
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A BILL FOR
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SB2293 |
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LRB095 18038 NHT 44121 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 10-20.21 and 34-21.3 as follows:
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| (105 ILCS 5/10-20.21) (from Ch. 122, par. 10-20.21)
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| Sec. 10-20.21. Contracts.
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| (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 |
| $25,000 or a lower amount as required by board policy $10,000
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| to the lowest responsible bidder, considering conformity with
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| specifications, terms of delivery, quality and serviceability, | 14 |
| after due
advertisement, except the following: (i) contracts | 15 |
| for the services of
individuals possessing a high degree of | 16 |
| professional skill where the
ability or fitness of the | 17 |
| individual plays an important part; (ii)
contracts for the | 18 |
| printing of finance committee reports and departmental
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| 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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LRB095 18038 NHT 44121 b |
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| advertisement, but due to unforeseen revisions, not the fault | 2 |
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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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| 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
$50,000 $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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| funds are expended in an emergency and such emergency
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| 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 $25,000 or a lower amount as required | 7 |
| by board policy $10,000 must be
sealed by the bidder and must | 8 |
| be opened by a member or employee of the
school board at a | 9 |
| public bid opening at which the contents of the bids
must be | 10 |
| announced. Each bidder must receive at least 3 days' notice of | 11 |
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time and place of the bid opening. For purposes of this | 12 |
| Section due
advertisement includes, but is not limited to, at | 13 |
| least one public notice
at least 10 days before the bid date in | 14 |
| a newspaper published in the
district, or if no newspaper is | 15 |
| published in the district, in a newspaper
of general | 16 |
| circulation in the area of the district. State master contracts | 17 |
| and certified education purchasing contracts, as defined in | 18 |
| Article 28A of this Code, are not subject to the requirements | 19 |
| of this paragraph.
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| (b) To require, as a condition of any contract for goods | 21 |
| and services,
that persons
bidding for and awarded a contract | 22 |
| and all affiliates of the person collect and
remit
Illinois Use | 23 |
| Tax on all sales of tangible personal property into the State | 24 |
| of
Illinois in
accordance with the provisions of the Illinois | 25 |
| Use Tax Act regardless of whether
the
person or affiliate is a | 26 |
| "retailer maintaining a place of business within this
State" as
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| defined in Section 2 of the Use Tax Act. For purposes of this | 2 |
| Section, the term
"affiliate"
means any entity that (1) | 3 |
| directly, indirectly, or constructively controls
another | 4 |
| entity, (2)
is directly, indirectly, or constructively | 5 |
| controlled by another entity, or (3)
is subject to
the control | 6 |
| of a common entity. For purposes of this subsection (b), an | 7 |
| entity
controls
another entity if it owns, directly or | 8 |
| individually, more than 10% of the
voting
securities
of that | 9 |
| entity. As used in this subsection (b), the term "voting | 10 |
| security"
means a security
that (1) confers upon the holder the | 11 |
| right to vote for the election of members
of the board
of | 12 |
| directors or similar governing body of the business or (2) is | 13 |
| convertible
into, or entitles
the holder to receive upon its | 14 |
| exercise, a security that confers such a right
to
vote. A
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| general partnership interest is a voting security.
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| To require that bids and contracts include a certification | 17 |
| by the bidder
or
contractor that the bidder or contractor is | 18 |
| not barred from bidding for or
entering into a
contract under | 19 |
| this Section and that the bidder or contractor acknowledges | 20 |
| that
the school
board may declare the contract void if the | 21 |
| certification completed pursuant to
this
subsection (b) is | 22 |
| false.
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| (b-5) To require all contracts and agreements that pertain | 24 |
| to goods and services and that are intended to generate | 25 |
| additional revenue and other remunerations for the school | 26 |
| district in excess of $1,000, including without limitation |
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| vending machine contracts, sports and other attire, class | 2 |
| rings, and photographic services, to be approved by the school | 3 |
| board. The school board shall file as an attachment to its | 4 |
| annual budget a report, in a form as determined by the State | 5 |
| Board of Education, indicating for the prior year the name of | 6 |
| the vendor, the product or service provided, and the actual net | 7 |
| revenue and non-monetary remuneration from each of the | 8 |
| contracts or agreements. In addition, the report shall indicate | 9 |
| for what purpose the revenue was used and how and to whom the | 10 |
| non-monetary remuneration was distributed.
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| (c) If the State education purchasing entity creates a | 12 |
| master contract as defined in Article 28A of this Code, then | 13 |
| the State education purchasing entity shall notify school | 14 |
| districts of the existence of the master contract. | 15 |
| (d) In purchasing supplies, materials, equipment, or | 16 |
| services that are not subject to subsection (c) of this | 17 |
| Section, before a school district solicits bids or awards a | 18 |
| contract, the district may review and consider as a bid under | 19 |
| subsection (a) of this Section certified education purchasing | 20 |
| contracts that are already available through the State | 21 |
| education purchasing entity. | 22 |
| (Source: P.A. 93-25, eff. 6-20-03; 93-1036, eff. 9-14-04; | 23 |
| 94-714, eff. 7-1-06 .)
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| (105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)
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| Sec. 34-21.3. Contracts. The board shall by record vote let |
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| all
contracts (other than those excepted
by Section 10-20.21 of | 2 |
| The School Code) for supplies, materials,
work, and contracts | 3 |
| with private carriers for transportation
of pupils, involving | 4 |
| an expenditure in excess of $25,000 or a lower amount as | 5 |
| required by board policy $10,000 by competitive
bidding as | 6 |
| provided in Section 10-20.21 of The School Code.
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| The board may delegate to the general superintendent of | 8 |
| schools, by
resolution, the authority to approve contracts in | 9 |
| amounts of $25,000 $10,000 or
less.
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| For a period of one year from and after the expiration or | 11 |
| other termination
of his or her term of office as a member of | 12 |
| the board: (i) the former board
member shall not be eligible | 13 |
| for employment nor be employed by the board, a
local school | 14 |
| council, an attendance center, or any other
subdivision or | 15 |
| agent of the board or the school district governed by the | 16 |
| board,
and (ii) neither the board nor the chief purchasing | 17 |
| officer shall let or
delegate
authority to let any contract for
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| services, employment, or other work to the former board member | 19 |
| or to any
corporation,
partnership, association, sole | 20 |
| proprietorship, or other entity other than
publicly traded | 21 |
| companies from which the
former board member receives an annual | 22 |
| income, dividends, or other compensation
in excess of $1,500. | 23 |
| Any contract that is entered into by or under a
delegation of | 24 |
| authority from the board or the chief purchasing officer shall
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| contain a
provision stating that
the contract is not legally | 26 |
| binding on the board if entered into in violation
of the |
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| provisions of this paragraph.
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| In addition, the State Board of Education, in consultation | 3 |
| with the board,
shall (i) review existing conflict of interest | 4 |
| and disclosure laws or
regulations that are applicable to the | 5 |
| executive officers and governing boards
of school districts | 6 |
| organized under this Article and school districts
generally, | 7 |
| (ii) determine what additional disclosure and conflict of | 8 |
| interest
provisions would enhance the reputation and fiscal | 9 |
| integrity of the board and
the procedure under which contracts | 10 |
| for goods and services are let, and (iii)
develop appropriate | 11 |
| reporting forms and procedures applicable to the executive
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| officers, governing board, and other officials of the school | 13 |
| district.
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| (Source: P.A. 89-15, eff. 5-30-95.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
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