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Public Act 095-0990
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| SB2293 Enrolled |
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 |
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, |
materials or work or contracts with private carriers
for |
transportation of pupils involving an expenditure in excess of |
$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, |
after due
advertisement, except the following: (i) contracts |
for the services of
individuals possessing a high degree of |
professional skill where the
ability or fitness of the |
individual plays an important part; (ii)
contracts for the |
printing of finance committee reports and departmental
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reports; (iii) contracts for the printing or engraving of |
bonds, tax
warrants and other evidences of indebtedness; (iv) |
contracts for the
purchase of perishable foods and perishable |
beverages; (v) contracts for
materials and work which have been |
awarded to the lowest responsible bidder
after due |
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advertisement, but due to unforeseen revisions, not the fault |
of
the contractor for materials and work, must be revised |
causing expenditures
not in excess of 10% of the contract |
price; (vi)
contracts for the maintenance or servicing of, or |
provision of
repair parts for, equipment which are made with |
the manufacturer or
authorized service agent of that equipment |
where the provision of parts,
maintenance, or servicing can |
best be performed by the manufacturer or
authorized service |
agent; (vii) purchases and contracts for the use,
purchase, |
delivery, movement, or installation of data processing |
equipment,
software, or services and telecommunications and |
interconnect
equipment, software, and services; (viii) |
contracts for duplicating
machines and supplies; (ix) |
contracts for the purchase of natural gas when
the cost is less |
than that offered by a public utility; (x) purchases of
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equipment previously owned by some entity other than the |
district
itself; (xi) contracts for repair, maintenance, |
remodeling, renovation, or
construction, or a single project |
involving an expenditure not to exceed
$50,000 $20,000 and not |
involving a change or increase in the size, type, or extent
of |
an existing facility; (xii) contracts for goods or services |
procured
from another governmental agency; (xiii) contracts |
for goods or services
which are economically procurable from |
only one source, such as for the
purchase of magazines, books, |
periodicals, pamphlets and reports, and for
utility services |
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 |
(xv) State master contracts authorized under Article 28A of |
this Code. |
All competitive
bids for contracts involving an |
expenditure in excess of $25,000 or a lower amount as required |
by board policy $10,000 must be
sealed by the bidder and must |
be opened by a member or employee of the
school board at a |
public bid opening at which the contents of the bids
must be |
announced. Each bidder must receive at least 3 days' notice of |
the
time and place of the bid opening. For purposes of this |
Section due
advertisement includes, but is not limited to, at |
least one public notice
at least 10 days before the bid date in |
a newspaper published in the
district, or if no newspaper is |
published in the district, in a newspaper
of general |
circulation in the area of the district. State master contracts |
and certified education purchasing contracts, as defined in |
Article 28A of this Code, are not subject to the requirements |
of this paragraph.
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(b) To require, as a condition of any contract for goods |
and services,
that persons
bidding for and awarded a contract |
and all affiliates of the person collect and
remit
Illinois Use |
Tax on all sales of tangible personal property into the State |
of
Illinois in
accordance with the provisions of the Illinois |
Use Tax Act regardless of whether
the
person or affiliate is a |
"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 |
Section, the term
"affiliate"
means any entity that (1) |
directly, indirectly, or constructively controls
another |
entity, (2)
is directly, indirectly, or constructively |
controlled by another entity, or (3)
is subject to
the control |
of a common entity. For purposes of this subsection (b), an |
entity
controls
another entity if it owns, directly or |
individually, more than 10% of the
voting
securities
of that |
entity. As used in this subsection (b), the term "voting |
security"
means a security
that (1) confers upon the holder the |
right to vote for the election of members
of the board
of |
directors or similar governing body of the business or (2) is |
convertible
into, or entitles
the holder to receive upon its |
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 |
by the bidder
or
contractor that the bidder or contractor is |
not barred from bidding for or
entering into a
contract under |
this Section and that the bidder or contractor acknowledges |
that
the school
board may declare the contract void if the |
certification completed pursuant to
this
subsection (b) is |
false.
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(b-5) To require all contracts and agreements that pertain |
to goods and services and that are intended to generate |
additional revenue and other remunerations for the school |
district in excess of $1,000, including without limitation |
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vending machine contracts, sports and other attire, class |
rings, and photographic services, to be approved by the school |
board. The school board shall file as an attachment to its |
annual budget a report, in a form as determined by the State |
Board of Education, indicating for the prior year the name of |
the vendor, the product or service provided, and the actual net |
revenue and non-monetary remuneration from each of the |
contracts or agreements. In addition, the report shall indicate |
for what purpose the revenue was used and how and to whom the |
non-monetary remuneration was distributed.
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(c) If the State education purchasing entity creates a |
master contract as defined in Article 28A of this Code, then |
the State education purchasing entity shall notify school |
districts of the existence of the master contract. |
(d) In purchasing supplies, materials, equipment, or |
services that are not subject to subsection (c) of this |
Section, before a school district solicits bids or awards a |
contract, the district may review and consider as a bid under |
subsection (a) of this Section certified education purchasing |
contracts that are already available through the State |
education purchasing entity. |
(Source: P.A. 93-25, eff. 6-20-03; 93-1036, eff. 9-14-04; |
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 |
The School Code) for supplies, materials,
work, and contracts |
with private carriers for transportation
of pupils, involving |
an expenditure in excess of $25,000 or a lower amount as |
required by board policy $10,000 by competitive
bidding as |
provided in Section 10-20.21 of The School Code.
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The board may delegate to the general superintendent of |
schools, by
resolution, the authority to approve contracts in |
amounts of $25,000 $10,000 or
less.
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For a period of one year from and after the expiration or |
other termination
of his or her term of office as a member of |
the board: (i) the former board
member shall not be eligible |
for employment nor be employed by the board, a
local school |
council, an attendance center, or any other
subdivision or |
agent of the board or the school district governed by the |
board,
and (ii) neither the board nor the chief purchasing |
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 |
or to any
corporation,
partnership, association, sole |
proprietorship, or other entity other than
publicly traded |
companies from which the
former board member receives an annual |
income, dividends, or other compensation
in excess of $1,500. |
Any contract that is entered into by or under a
delegation of |
authority from the board or the chief purchasing officer shall
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contain a
provision stating that
the contract is not legally |
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 |
with the board,
shall (i) review existing conflict of interest |
and disclosure laws or
regulations that are applicable to the |
executive officers and governing boards
of school districts |
organized under this Article and school districts
generally, |
(ii) determine what additional disclosure and conflict of |
interest
provisions would enhance the reputation and fiscal |
integrity of the board and
the procedure under which contracts |
for goods and services are let, and (iii)
develop appropriate |
reporting forms and procedures applicable to the executive
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officers, governing board, and other officials of the school |
district.
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(Source: P.A. 89-15, eff. 5-30-95.)
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Section 10. The Public Community College Act is amended by |
changing Sections 3-27.1 and 7-23.1 as follows:
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(110 ILCS 805/3-27.1) (from Ch. 122, par. 103-27.1)
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Sec. 3-27.1. Contracts. To award all contracts for purchase |
of
supplies, materials or work involving an expenditure in |
excess of $25,000 or a lower amount as required by board policy |
$10,000 to
the lowest responsible bidder considering |
conformity with specifications,
terms of delivery, quality, |
and serviceability; after due advertisement,
except the |
following: (a) contracts for the services of individuals
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possessing a high degree of professional skill where the |
ability or fitness
of the individual plays an important part; |
(b) contracts for
the printing of finance committee reports and |
departmental reports; (c)
contracts for the printing or |
engraving of bonds, tax warrants and other
evidences of |
indebtedness; (d) contracts for materials and work which
have |
been awarded to the lowest responsible bidder after due |
advertisement,
but due to unforeseen revisions, not the fault |
of the contractor for
materials and work, must be revised |
causing expenditures not in excess of
10% of the contract |
price; (e) contracts for the maintenance or servicing
of, or |
provision of repair parts for, equipment which are made with |
the
manufacturer or authorized service agent of that equipment |
where the
provision of parts, maintenance, or servicing can |
best be performed by the
manufacturer or authorized service |
agent; (f) purchases and contracts for
the use, purchase, |
delivery, movement, or installation of data processing
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equipment, software, or services and telecommunications and |
inter-connect
equipment, software, and services; (g) contracts |
for duplicating machines
and supplies; (h) contracts for the |
purchase of natural gas when the cost
is less than that offered |
by a public utility; (i) purchases of equipment
previously |
owned by some entity other than the district itself; (j)
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contracts for repair, maintenance, remodeling, renovation, or |
construction,
or a single project involving an expenditure not |
to exceed $50,000 $15,000 and not
involving a change or |
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increase in the size, type, or extent of an existing
facility; |
(k) contracts for goods or services procured from another
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governmental agency; (l) contracts for goods or services which |
are economically
procurable from only one source, such as for |
the purchase of magazines,
books, periodicals, pamphlets and |
reports, and for utility services such
as water, light, heat, |
telephone or telegraph; and (m) where funds are
expended in an |
emergency and such emergency expenditure is approved by 3/4
of |
the members of the board.
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All competitive bids for contracts involving an |
expenditure in excess of
$25,000 or a lower amount as required |
by board policy $10,000 must be sealed by the bidder and must |
be opened by a member or
employee of the board at a public bid |
opening at which the contents of the
bids must be announced. |
Each bidder must receive at least 3 days' notice of
the time |
and place of such bid opening. For purposes of this Section due
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advertisement includes, but is not limited to, at least one |
public notice
at least 10 days before the bid date in a |
newspaper published in the
district, or if no newspaper is |
published in the district, in a newspaper
of general |
circulation in the area of the district.
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The provisions of this Section do not apply to guaranteed |
energy savings
contracts entered into under Article V-A.
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(Source: P.A. 87-1023; 88-173.)
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(110 ILCS 805/7-23.1) (from Ch. 122, par. 107-23.1)
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Sec. 7-23.1. Contracts. The board shall let all contracts |
(other than those excepted by Section
3-27.1 of this Act) for |
supplies, materials or work involving an
expenditure in excess |
of $25,000 or a lower amount as required by board policy |
$10,000 by competitive bidding as
provided in
Section 3-27.1 of |
this Act.
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(Source: P.A. 92-648, eff. 7-11-02.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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