Public Act 095-0990
 
SB2293 Enrolled LRB095 18038 NHT 44121 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
10-20.21 and 34-21.3 as follows:
 
    (105 ILCS 5/10-20.21)  (from Ch. 122, par. 10-20.21)
    Sec. 10-20.21. Contracts.
    (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
to the lowest responsible bidder, considering conformity with
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
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
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
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
funds are expended in an emergency and such emergency
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.
    (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
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
general partnership interest is a voting security.
    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.
    (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
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.
    (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.)
 
    (105 ILCS 5/34-21.3)  (from Ch. 122, par. 34-21.3)
    Sec. 34-21.3. Contracts. The board shall by record vote let
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.
    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.
    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
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
contain a provision stating that the contract is not legally
binding on the board if entered into in violation of the
provisions of this paragraph.
    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
officers, governing board, and other officials of the school
district.
(Source: P.A. 89-15, eff. 5-30-95.)
 
    Section 10. The Public Community College Act is amended by
changing Sections 3-27.1 and 7-23.1 as follows:
 
    (110 ILCS 805/3-27.1)  (from Ch. 122, par. 103-27.1)
    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
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
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)
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
increase in the size, type, or extent of an existing facility;
(k) contracts for goods or services procured from another
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.
    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
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.
    The provisions of this Section do not apply to guaranteed
energy savings contracts entered into under Article V-A.
(Source: P.A. 87-1023; 88-173.)
 
    (110 ILCS 805/7-23.1)  (from Ch. 122, par. 107-23.1)
    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.
(Source: P.A. 92-648, eff. 7-11-02.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 10/3/2008