Full Text of HB3480 94th General Assembly
HB3480enr 94TH GENERAL ASSEMBLY
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HB3480 Enrolled |
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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 17-1 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 |
| $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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| 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 | 25 |
| causing expenditures
not in excess of 10% of the contract | 26 |
| price; (vi)
contracts for the maintenance or servicing of, or | 27 |
| provision of
repair parts for, equipment which are made with | 28 |
| the manufacturer or
authorized service agent of that equipment | 29 |
| where the provision of parts,
maintenance, or servicing can | 30 |
| best be performed by the manufacturer or
authorized service | 31 |
| agent; (vii) purchases and contracts for the use,
purchase, | 32 |
| delivery, movement, or installation of data processing |
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| equipment,
software, or services and telecommunications and | 2 |
| interconnect
equipment, software, and services; (viii) | 3 |
| contracts for duplicating
machines and supplies; (ix) | 4 |
| contracts for the purchase of natural gas when
the cost is less | 5 |
| than that offered by a public utility; (x) purchases of
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| equipment previously owned by some entity other than the | 7 |
| district
itself; (xi) contracts for repair, maintenance, | 8 |
| remodeling, renovation, or
construction, or a single project | 9 |
| involving an expenditure not to exceed
$20,000 and not | 10 |
| involving a change or increase in the size, type, or extent
of | 11 |
| an existing facility; (xii) contracts for goods or services | 12 |
| procured
from another governmental agency; (xiii) contracts | 13 |
| for goods or services
which are economically procurable from | 14 |
| only one source, such as for the
purchase of magazines, books, | 15 |
| periodicals, pamphlets and reports, and for
utility services | 16 |
| such as water, light, heat, telephone or telegraph;
(xiv) where | 17 |
| 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 | 19 |
| (xv) State master contracts authorized under Article 28A of | 20 |
| this Code. | 21 |
| All competitive
bids for contracts involving an | 22 |
| expenditure in excess of $10,000 must be
sealed by the bidder | 23 |
| and must be opened by a member or employee of the
school board | 24 |
| at a public bid opening at which the contents of the bids
must | 25 |
| be announced. Each bidder must receive at least 3 days' notice | 26 |
| of the
time and place of the bid opening. For purposes of this | 27 |
| Section due
advertisement includes, but is not limited to, at | 28 |
| least one public notice
at least 10 days before the bid date in | 29 |
| a newspaper published in the
district, or if no newspaper is | 30 |
| published in the district, in a newspaper
of general | 31 |
| circulation in the area of the district. State master contracts | 32 |
| and certified education purchasing contracts, as defined in | 33 |
| Article 28A of this Code, are not subject to the requirements | 34 |
| of this paragraph.
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| (b) To require, as a condition of any contract for goods | 36 |
| and services,
that persons
bidding for and awarded a contract |
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| and all affiliates of the person collect and
remit
Illinois Use | 2 |
| Tax on all sales of tangible personal property into the State | 3 |
| of
Illinois in
accordance with the provisions of the Illinois | 4 |
| Use Tax Act regardless of whether
the
person or affiliate is a | 5 |
| "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 | 7 |
| Section, the term
"affiliate"
means any entity that (1) | 8 |
| directly, indirectly, or constructively controls
another | 9 |
| entity, (2)
is directly, indirectly, or constructively | 10 |
| controlled by another entity, or (3)
is subject to
the control | 11 |
| of a common entity. For purposes of this subsection (b), an | 12 |
| entity
controls
another entity if it owns, directly or | 13 |
| individually, more than 10% of the
voting
securities
of that | 14 |
| entity. As used in this subsection (b), the term "voting | 15 |
| security"
means a security
that (1) confers upon the holder the | 16 |
| right to vote for the election of members
of the board
of | 17 |
| directors or similar governing body of the business or (2) is | 18 |
| convertible
into, or entitles
the holder to receive upon its | 19 |
| 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 | 22 |
| by the bidder
or
contractor that the bidder or contractor is | 23 |
| not barred from bidding for or
entering into a
contract under | 24 |
| this Section and that the bidder or contractor acknowledges | 25 |
| that
the school
board may declare the contract void if the | 26 |
| certification completed pursuant to
this
subsection (b) is | 27 |
| false.
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| (b-5) To require all contracts and agreements that pertain | 29 |
| to goods and services and that are intended to generate | 30 |
| additional revenue and other remunerations for the school | 31 |
| district in excess of $1,000, including without limitation | 32 |
| vending machine contracts, sports and other attire, class | 33 |
| rings, and photographic services, to be approved by the school | 34 |
| board.
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| (c) If the State education purchasing entity creates a | 36 |
| master contract as defined in Article 28A of this Code, then |
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| the State education purchasing entity shall notify school | 2 |
| districts of the existence of the master contract. | 3 |
| (d) In purchasing supplies, materials, equipment, or | 4 |
| services that are not subject to subsection (c) of this | 5 |
| Section, before a school district solicits bids or awards a | 6 |
| contract, the district may review and consider as a bid under | 7 |
| subsection (a) of this Section certified education purchasing | 8 |
| contracts that are already available through the State | 9 |
| education purchasing entity. | 10 |
| (Source: P.A. 93-25, eff. 6-20-03; 93-1036, eff. 9-14-04.)
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| (105 ILCS 5/17-1) (from Ch. 122, par. 17-1)
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| Sec. 17-1. Annual Budget. The board of education of each | 13 |
| school
district under 500,000 inhabitants shall, within or | 14 |
| before the first
quarter of each fiscal year, adopt an annual | 15 |
| budget which it deems
necessary to defray all necessary | 16 |
| expenses and liabilities of the
district, and in such annual | 17 |
| budget shall specify the objects and
purposes of each item and | 18 |
| amount needed for each object or purpose.
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| The budget shall be entered upon a School District Budget | 20 |
| form prepared
and provided by the State Board of Education and | 21 |
| therein shall contain
(i) a statement of the cash on hand from | 22 |
| taxes at the
beginning of the fiscal year and a statement of | 23 |
| the cash on hand from all other itemized sources, including | 24 |
| without limitation vending machines, at the beginning of the | 25 |
| fiscal year; (ii) , an estimate of the cash expected to be
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| received from taxes during such fiscal year and an estimate of | 27 |
| the cash expected to be received from all other itemized | 28 |
| sources, including without limitation vending machines, during | 29 |
| such fiscal year; (iii)
from all sources, an estimate of the
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| expenditures from tax revenues contemplated for such fiscal | 31 |
| year and an estimate of the expenditures from revenues from all | 32 |
| other itemized sources, including without limitation vending | 33 |
| machines, contemplated for such fiscal year; (iv) , and a | 34 |
| statement of the
estimated cash from taxes expected to be on | 35 |
| hand at the end of such year and a statement of the estimated |
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| cash from all other itemized sources, including without | 2 |
| limitation vending machines, expected to be on hand at the end | 3 |
| of such year; and (v) a statement disclosing all school | 4 |
| board-sanctioned contractual agreements and estimated revenue | 5 |
| expected to be received as a result of these contracts . The
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| estimate of taxes to be received may be based upon the amount | 7 |
| of actual
cash receipts that may reasonably be expected by the | 8 |
| district during
such fiscal year, estimated from the experience | 9 |
| of the district in prior
years and with due regard for other | 10 |
| circumstances that may substantially
affect such receipts. | 11 |
| Nothing in this Section shall be construed as
requiring any | 12 |
| district to change or preventing any district from
changing | 13 |
| from a cash basis of financing to a surplus or deficit basis of
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| financing; or as requiring any district to change or preventing | 15 |
| any
district from changing its system of accounting.
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| The board of education of each district shall fix a fiscal | 17 |
| year
therefor. If the beginning of the fiscal year of a | 18 |
| district is
subsequent to the time that the tax levy due to be | 19 |
| made in such
fiscal year shall be
made, then such annual budget | 20 |
| shall be adopted prior to the time such
tax levy shall be made.
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| The failure by a board of education of any district to adopt an | 22 |
| annual
budget, or to comply in any respect with the provisions | 23 |
| of this Section, shall
not affect the validity of any tax levy | 24 |
| of the district otherwise in
conformity with the law. With | 25 |
| respect to taxes levied either before, on, or
after the | 26 |
| effective date of this amendatory Act of the 91st General | 27 |
| Assembly,
(i) a tax levy is made
for the fiscal year in which | 28 |
| the levy is due to be made regardless of which
fiscal year the | 29 |
| proceeds of the levy are expended or are intended to be
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| expended, and (ii) except as otherwise provided by law, a board | 31 |
| of education's
adoption of
an annual budget in conformity with | 32 |
| this Section is not a prerequisite to the
adoption of a valid | 33 |
| tax levy and is not a limit on the amount of the levy.
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| Such budget shall be prepared in tentative form by some | 35 |
| person or
persons designated by the board, and in such | 36 |
| tentative form shall be
made conveniently available to public |
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| inspection for at least 30 days
prior to final action thereon. | 2 |
| At least 1 public hearing shall be held
as to such budget prior | 3 |
| to final action thereon. Notice of availability
for public | 4 |
| inspection and of such public hearing shall be given by
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| publication in a newspaper published in such district, at least | 6 |
| 30 days
prior to the time of such hearing. If there is no | 7 |
| newspaper published
in such district, notice of such public | 8 |
| hearing shall be given by
posting notices thereof in 5 of the | 9 |
| most public places in such district.
It shall be the duty of | 10 |
| the secretary of such board to make such
tentative budget | 11 |
| available to public inspection, and to arrange for such
public | 12 |
| hearing. The board may from time to time make transfers between
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| the various items in any fund not exceeding in the aggregate | 14 |
| 10% of the
total of such fund as set forth in the budget. The | 15 |
| board may from time
to time amend such budget by the same | 16 |
| procedure as is herein provided
for its original adoption.
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| Beginning July 1, 1976, the board of education, or regional
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| superintendent, or governing board responsible for the | 19 |
| administration of
a joint agreement shall, by September 1 of | 20 |
| each
fiscal year thereafter, adopt an annual budget for the | 21 |
| joint agreement
in the same manner and subject to the same | 22 |
| requirements as are provided
in this Section.
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| The State Board of Education shall exercise powers and | 24 |
| duties
relating to budgets as provided in Section 2--3.27 of | 25 |
| this Act.
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| By fiscal year 1982 all school districts shall use the | 27 |
| Program Budget
Accounting System.
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| In the case of a school district receiving emergency State | 29 |
| financial
assistance under Article 1B, the school board shall | 30 |
| also be subject to the
requirements
established under Article | 31 |
| 1B with respect to the annual budget.
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| (Source: P.A. 91-75, eff. 7-9-99.)
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| Section 90. The State Mandates Act is amended by adding | 34 |
| Section 8.29 as
follows:
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| (30 ILCS 805/8.29 new)
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| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 3 |
| of this
Act, no reimbursement by the State is required for the | 4 |
| implementation of
any mandate created by this amendatory Act of | 5 |
| the 94th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.
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