Sen. Miguel del Valle
Filed: 5/13/2004
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1 | AMENDMENT TO SENATE BILL 3000
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2 | AMENDMENT NO. ______. Amend Senate Bill 3000 by replacing | ||||||
3 | the title with the following: | ||||||
4 | "AN ACT concerning education, which may be referred to as | ||||||
5 | the Education Reform and Accountability Act of 2004."; and
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6 | by replacing the everything after the enacting clause with the | ||||||
7 | following:
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8 | "Section 1. Short title. This Act may be cited as the | ||||||
9 | School Employee Benefit Act. | ||||||
10 | Section 5. Purpose. The purpose of this Act is to require | ||||||
11 | the Department of Central Management Services to establish and | ||||||
12 | administer a school employee benefit program that will enable | ||||||
13 | eligible school employees access to affordable health care. | ||||||
14 | Section 10. Definitions.
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15 | "Annuitant" means a retired school district employee | ||||||
16 | entitled to receive retirement benefits, as defined by the | ||||||
17 | school district. | ||||||
18 | "Department" means the Department of Central Management | ||||||
19 | Services. | ||||||
20 | "Dependent" means a school district employee's dependent | ||||||
21 | as defined by the school district. | ||||||
22 | "Director" means the Director of Central Management |
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1 | Services. | ||||||
2 | "Employee" means a school district employee who is entitled | ||||||
3 | to benefits as defined by the school district. | ||||||
4 | "Rules" includes rules adopted and forms prescribed by the | ||||||
5 | Department. | ||||||
6 | "School district" means a public school district in this | ||||||
7 | State.
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8 | Section 15. Prescription drug benefits; contract. | ||||||
9 | (a) The Director shall, by contract, self-insurance, or | ||||||
10 | otherwise, make available a voluntary program of prescription | ||||||
11 | drug benefits for school districts under Section 15 of this | ||||||
12 | Act. The contract or other arrangement for the provision of the | ||||||
13 | prescription drug benefits shall be on terms deemed by the | ||||||
14 | Director to be in the best interest of the State of Illinois | ||||||
15 | and school districts based on criteria set by the Department, | ||||||
16 | which must include without limitation administrative cost, | ||||||
17 | service capabilities of the carrier or other contractors, and | ||||||
18 | premiums, fees, or charges as related to the costs of the | ||||||
19 | benefits.
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20 | (b) The term of a contract under this Section may not | ||||||
21 | extend beyond 5 fiscal years. The Director may exercise renewal | ||||||
22 | options of the same contract for up to a period of 5 years. Any | ||||||
23 | increases in premiums, fees, or charges requested by a | ||||||
24 | contractor whose contract may be renewed pursuant to a renewal | ||||||
25 | option contained in the contract must be justified on the basis | ||||||
26 | of (1) audited experience data, (2) increases in the costs of | ||||||
27 | prescription drug coverage provided under the contract, (3) | ||||||
28 | contractor performance, (4) increases in contractor | ||||||
29 | responsibilities, or (5) any combination of these bases.
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30 | (c) A contractor shall agree to abide by all requirements | ||||||
31 | and rules of the prescription drug benefit program, to submit | ||||||
32 | such information and data as may from time to time be deemed | ||||||
33 | necessary by the Director for effective administration of the |
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1 | program, and to fully cooperate in any audit.
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2 | Section 20. Prescription drug benefits; program.
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3 | (a) Beginning July 1, 2005, the Department shall be | ||||||
4 | responsible for administering the prescription drug benefit | ||||||
5 | program established under this Act for employees, annuitants, | ||||||
6 | and dependents on a non-insured basis. | ||||||
7 | (b) For each program year, the Department shall set a date | ||||||
8 | by which school districts must notify the Department of their | ||||||
9 | election to participate in the prescription drug benefit | ||||||
10 | program. The Department shall provide notification of the | ||||||
11 | election date to school districts at least 45 days prior to the | ||||||
12 | election date. | ||||||
13 | (c) Any school district may apply to the Director to have | ||||||
14 | employees, annuitants, and dependents be provided a | ||||||
15 | prescription drug benefit program under this Act. To | ||||||
16 | participate, a school district must agree to enroll all of its | ||||||
17 | employees. A participating school district is not required to | ||||||
18 | enroll a full-time employee who has waived coverage under the | ||||||
19 | district's health plan. | ||||||
20 | (d) The Director shall determine the insurance rates and | ||||||
21 | premiums for those employees, annuitants, and dependents | ||||||
22 | participating in the prescription drug benefit program. Rates | ||||||
23 | and premiums may be based in part on age and eligibility for | ||||||
24 | federal Medicare coverage. | ||||||
25 | A school district must remit the entire cost of providing | ||||||
26 | prescription drug coverage under this Section. | ||||||
27 | (e) All revenues arising from the administration of the | ||||||
28 | prescription drug benefit program shall be deposited into | ||||||
29 | general revenue funds. | ||||||
30 | (f) It is the intention of the General Assembly that the | ||||||
31 | prescription drug benefit program be maintained on an on-going, | ||||||
32 | affordable basis. The prescription drug benefit program may be | ||||||
33 | changed by the State and is not intended to be a pension or |
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1 | retirement benefit subject to protection under Section 5 of | ||||||
2 | Article XIII of the Illinois Constitution.
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3 | Section 85. The State Finance Act is amended by changing | ||||||
4 | Section 13.5 as follows:
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5 | (30 ILCS 105/13.5)
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6 | Sec. 13.5. Appropriations for higher education.
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7 | (a) State appropriations to
the State Board of Education,
| ||||||
8 | the Board of Trustees of Southern Illinois
University, the | ||||||
9 | Board of Trustees of the University of Illinois, the Board of
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10 | Trustees of Chicago State University, the Board of Trustees of | ||||||
11 | Eastern Illinois
University, the Board of Trustees of Illinois | ||||||
12 | State University, the Board of
Trustees of Governors State | ||||||
13 | University, the Board of Trustees of Northeastern
Illinois | ||||||
14 | University, the Board of Trustees of Northern Illinois | ||||||
15 | University, and
the Board of Trustees of Western Illinois | ||||||
16 | University for operations shall
identify the amounts | ||||||
17 | appropriated for personal services, State contributions to
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18 | social security for Medicare, contractual services, travel, | ||||||
19 | commodities,
equipment, operation of automotive equipment, | ||||||
20 | telecommunications, awards and
grants, and permanent | ||||||
21 | improvements.
| ||||||
22 | (b) Within 120 days after the conclusion of each fiscal | ||||||
23 | year, each
State-supported institution of higher learning must | ||||||
24 | provide, through the
Illinois Board of Higher Education, a | ||||||
25 | financial report to the Governor and
General Assembly | ||||||
26 | documenting the institution's revenues and expenditures of
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27 | funds for that fiscal year ending June 30 for all funds.
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28 | (Source: P.A. 93-229, eff. 7-22-03.)
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29 | Section 90. The School Code is amended by changing Sections | ||||||
30 | 1A-1, 1A-2.1, 1A-4, 3-15.1, and 10-20.21 and adding Section | ||||||
31 | 2-3.135 and Article 28A as follows:
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1 | (105 ILCS 5/1A-1) (from Ch. 122, par. 1A-1)
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2 | Sec. 1A-1. Members and terms.
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3 | (a) The term of each member of the State Board of Education | ||||||
4 | who is in
office on June 30, 2004
the effective date of this | ||||||
5 | amendatory Act of
1996 shall terminate
on July 1, 2004
January | ||||||
6 | 1, 1997
or when all of the new members initially to be
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7 | appointed under this amendatory Act of the 93rd General | ||||||
8 | Assembly
of 1996 are appointed by the Governor as
provided in | ||||||
9 | subsection (b), whichever last occurs.
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10 | (b) Beginning
on July 1, 2004
January 1, 1997 or when all | ||||||
11 | of the new members initially to be appointed
under this | ||||||
12 | subsection are appointed by the Governor, whichever last | ||||||
13 | occurs,
and thereafter, the State Board of
Education shall | ||||||
14 | consist of 9 members, who shall be appointed by the
Governor | ||||||
15 | with the advice and consent
of the Senate from a pattern of | ||||||
16 | regional representation as follows: 2
appointees shall be | ||||||
17 | selected from among those counties of the State other
than Cook | ||||||
18 | County and the 5 counties contiguous to Cook County; 2 | ||||||
19 | appointees shall be selected from
Cook County, one of whom | ||||||
20 | shall be a resident of the City of
Chicago and one of whom | ||||||
21 | shall be a resident of that
part of Cook County
which lies | ||||||
22 | outside the city limits of Chicago; 2
appointees shall be
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23 | selected from among the 5 counties of the State that are | ||||||
24 | contiguous to Cook
County; and 3 members
shall be selected as | ||||||
25 | members-at-large. At no time
may more than 5
members of the | ||||||
26 | Board be from one political party. Party membership is
defined | ||||||
27 | as having voted in the primary of the party in the last primary
| ||||||
28 | before appointment.
Five of the
The 9 members initially | ||||||
29 | appointed pursuant to
this
amendatory Act of the 93rd General | ||||||
30 | Assembly
1996 shall draw lots to determine
3 of their number | ||||||
31 | who shall serve
until the
second Wednesday of January,
2007, as | ||||||
32 | designated by the Governor, and the other 4 shall serve until | ||||||
33 | the second Wednesday of January, 2009, as designated by the |
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1 | Governor
2003, 3 of their number who shall serve until the | ||||||
2 | second Wednesday of January,
2001, and 3 of their number who | ||||||
3 | shall serve until the second Wednesday of
January,
1999 . Upon | ||||||
4 | expiration of the terms of the
members initially appointed
| ||||||
5 | under this amendatory Act of
1996 , their respective successors | ||||||
6 | shall be
appointed for terms of 4
6
years, from the
second | ||||||
7 | Wednesday in January
of each
odd
numbered year and until their | ||||||
8 | respective successors are appointed and
qualified. Vacancies | ||||||
9 | in terms shall be filled by appointment by the
Governor with | ||||||
10 | the advice and consent of the Senate for the extent of the
| ||||||
11 | unexpired term.
If a vacancy in membership occurs at a time | ||||||
12 | when the Senate is not in
session, the Governor shall make a | ||||||
13 | temporary appointment until the next meeting
of the Senate, | ||||||
14 | when the Governor shall appoint a person to fill that | ||||||
15 | membership
for the remainder of its term. If the Senate is not | ||||||
16 | in session when
appointments for a full term are made, the | ||||||
17 | appointments shall be made as in the
case of vacancies.
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18 | (Source: P.A. 89-610, eff. 8-6-96.)
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19 | (105 ILCS 5/1A-2.1) (from Ch. 122, par. 1A-2.1)
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20 | Sec. 1A-2.1. Vacancies. A vacancy exists on the State Board | ||||||
21 | of
Education when one or more of the following events occur:
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22 | 1. A
a member dies . ;
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23 | 2. A
a member files a written resignation with the | ||||||
24 | Governor . ;
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25 | 3. A
a member is adjudicated to be a person under legal | ||||||
26 | disability under
the Probate Act of 1975 , as amended, or
a | ||||||
27 | person subject to involuntary admission
under the Mental Health | ||||||
28 | and Developmental Disabilities Code . ;
| ||||||
29 | 4. A
a member ceases to be a resident of the region
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30 | judicial district from
which he or she was appointed . ;
| ||||||
31 | 5. A
a member is convicted of an infamous crime , or of any | ||||||
32 | offense
involving a violation of his or her duties under this | ||||||
33 | Code.
Act;
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1 | 6. A
a member fails to maintain the qualifications stated | ||||||
2 | in Section
1A-2 of this Code
Act . | ||||||
3 | 7. A member is removed at the discretion of the Governor.
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4 | (Source: P.A. 83-706.)
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5 | (105 ILCS 5/1A-4) (from Ch. 122, par. 1A-4)
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6 | Sec. 1A-4. Powers and duties of the Board.
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7 | A.
Upon the appointment of new State Board of Education
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8 | Board members as provided in
subsection (b)
of
Section 1A-1 and | ||||||
9 | every 2 years thereafter, the chairperson of the Board shall
be | ||||||
10 | selected by the
Governor, with the advice and consent of the | ||||||
11 | Senate, from the membership of the
Board to serve as | ||||||
12 | chairperson for 2 years.
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13 | Five members of the State Board of Education shall | ||||||
14 | constitute a quorum. A
majority
vote of appointed members is
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15 | required to approve any action.
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16 | B.
The State Board of Education
Board shall determine the | ||||||
17 | qualifications of and
appoint a
chief education officer , to be | ||||||
18 | known as the State Superintendent of
Education , who may be | ||||||
19 | proposed by the Governor and who shall serve at the pleasure of | ||||||
20 | the Board
and pursuant to a
performance-based contract linked | ||||||
21 | to statewide student performance and academic
improvement | ||||||
22 | within Illinois schools. No performance-based
contract issued | ||||||
23 | for the employment of the State Superintendent of
Education | ||||||
24 | shall be for a term longer than 2
3 years and no contract
shall | ||||||
25 | be
extended or renewed prior to its scheduled expiration unless | ||||||
26 | the performance
and improvement goals contained in the contract | ||||||
27 | have been met. The State
Superintendent of Education shall not | ||||||
28 | serve as a member of the State
Board of Education , but . The | ||||||
29 | Board shall set the compensation of the State
Superintendent of | ||||||
30 | Education who shall serve as the Board's chief
executive | ||||||
31 | officer. The State Superintendent of Education shall receive an | ||||||
32 | annual salary as set by the State Board of Education from time | ||||||
33 | to time or as set by the Compensation Review Board, whichever |
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1 | is greater.
The State
Board of Education shall also establish | ||||||
2 | the duties, powers and
responsibilities of the State | ||||||
3 | Superintendent in accordance with this Code , which shall be | ||||||
4 | included in the
State Superintendent's performance-based | ||||||
5 | contract along with the goals and
indicators of student | ||||||
6 | performance and academic improvement used to measure the
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7 | performance and effectiveness of the State Superintendent.
The | ||||||
8 | State Board of Education may delegate
to the State | ||||||
9 | Superintendent of Education the authority to act on the Board's
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10 | behalf, provided such delegation is made pursuant to adopted | ||||||
11 | board policy
or the powers delegated are ministerial in nature.
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12 | The State Board may
not delegate authority under this Section | ||||||
13 | to the State Superintendent to
(1) nonrecognize school | ||||||
14 | districts, (2) withhold State payments as a penalty,
or (3) | ||||||
15 | make final decisions under the contested case provisions of the | ||||||
16 | Illinois
Administrative Procedure Act unless otherwise | ||||||
17 | provided by law.
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18 | C. The powers and duties of the
State Board of Education | ||||||
19 | shall encompass all
duties delegated to the Office of | ||||||
20 | Superintendent of Public Instruction on
January 12, 1975, | ||||||
21 | except as the law providing for such powers and duties is
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22 | thereafter amended, and such other powers and duties as the | ||||||
23 | General Assembly
shall designate. The
Board shall be | ||||||
24 | responsible for the educational policies
and guidelines for | ||||||
25 | public schools, pre-school through grade
12 and Vocational | ||||||
26 | Education in the State of Illinois. The
Board shall
analyze the | ||||||
27 | present and future aims, needs, and requirements of
education | ||||||
28 | in the State of Illinois and recommend to the General Assembly
| ||||||
29 | the powers which should be exercised by the
Board. The
Board | ||||||
30 | shall
recommend the passage and the legislation necessary to | ||||||
31 | determine the
appropriate relationship between the
Board and | ||||||
32 | local boards of education
and the various State agencies and | ||||||
33 | shall recommend desirable
modifications in the laws which | ||||||
34 | affect schools.
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1 | D. Two
members of the
State Board of Education shall be | ||||||
2 | appointed by the
chairperson
to serve on a standing joint | ||||||
3 | Education Committee, 2 others shall be
appointed from the Board | ||||||
4 | of Higher Education, 2
others shall be appointed by the | ||||||
5 | chairperson of the
Illinois Community College Board, and 2 | ||||||
6 | others shall be appointed by the
chairperson of the Human | ||||||
7 | Resource Investment Council. The
Committee shall be
| ||||||
8 | responsible for making recommendations concerning the | ||||||
9 | submission of any
workforce development plan or workforce | ||||||
10 | training program required by federal
law or under any block | ||||||
11 | grant authority. The Committee will be
responsible for | ||||||
12 | developing policy on matters of mutual concern to
elementary, | ||||||
13 | secondary and higher education such as Occupational and
Career | ||||||
14 | Education, Teacher Preparation and Certification, Educational
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15 | Finance, Articulation between Elementary, Secondary and Higher | ||||||
16 | Education
and Research and Planning. The joint Education | ||||||
17 | Committee shall meet at
least quarterly and submit an annual | ||||||
18 | report of its findings,
conclusions, and recommendations to the
| ||||||
19 | State Board of Education, the Board of
Higher Education, the | ||||||
20 | Illinois Community College Board,
the Human Resource | ||||||
21 | Investment Council, the Governor, and the
General
Assembly. All | ||||||
22 | meetings of this Committee shall be official meetings for
| ||||||
23 | reimbursement under this Act.
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24 | E. Five members of the Board shall constitute a quorum. A
| ||||||
25 | majority
vote of the members appointed, confirmed and serving | ||||||
26 | on the Board is
required to approve any action.
The
State Board | ||||||
27 | of Education shall prepare and submit to the General Assembly | ||||||
28 | and the
Governor on or before January 14,
1976
and annually | ||||||
29 | thereafter a report
or reports of its findings and | ||||||
30 | recommendations. Such annual report shall
contain a separate | ||||||
31 | section which provides a critique and analysis of the
status of | ||||||
32 | education in Illinois and which identifies its specific | ||||||
33 | problems
and recommends express solutions therefor.
Such | ||||||
34 | annual report also shall contain the following information for |
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1 | the
preceding year ending on June 30: each act or omission of a | ||||||
2 | school district
of which the
State Board of Education has | ||||||
3 | knowledge as a consequence of
scheduled, approved visits and | ||||||
4 | which constituted a
failure by the district to comply with | ||||||
5 | applicable State or federal laws or
regulations relating to | ||||||
6 | public education, the name of such district, the date
or dates | ||||||
7 | on which the
State Board of Education notified the school | ||||||
8 | district of
such act or omission, and what action, if any, the | ||||||
9 | school district took with
respect thereto after being notified | ||||||
10 | thereof by the
State Board of Education.
The report shall also | ||||||
11 | include the statewide high school dropout rate by
grade level, | ||||||
12 | sex and race and the annual student dropout rate of and the
| ||||||
13 | number of students who graduate from, transfer from or | ||||||
14 | otherwise leave
bilingual programs. The Auditor General shall | ||||||
15 | annually perform a
compliance audit of the
State Board of | ||||||
16 | Education's performance of the
reporting duty imposed by this | ||||||
17 | amendatory Act of 1986. A regular system of
communication with | ||||||
18 | other directly related State agencies shall be
implemented.
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19 | The requirement for reporting to the General Assembly shall | ||||||
20 | be satisfied
by filing copies of the report with the Speaker, | ||||||
21 | the Minority Leader and
the Clerk of the House of | ||||||
22 | Representatives and the President, the Minority
Leader and the | ||||||
23 | Secretary of the Senate and the Legislative Council, as | ||||||
24 | required
by Section 3.1 of the General
Assembly Organization | ||||||
25 | Act, and
filing such additional
copies with the State | ||||||
26 | Government Report Distribution Center for the General
Assembly | ||||||
27 | as is required under paragraph (t) of Section 7 of the State | ||||||
28 | Library
Act.
| ||||||
29 | (Source: P.A. 89-430, eff. 12-15-95; 89-610, eff. 8-6-96; | ||||||
30 | 89-698, eff.
1-14-97; 90-548, eff. 1-1-98.)
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31 | (105 ILCS 5/2-3.135 new) | ||||||
32 | Sec. 2-3.135. Shared service centers. The State Board of | ||||||
33 | Education may create shared service centers.
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1 | (105 ILCS 5/3-15.1) (from Ch. 122, par. 3-15.1)
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2 | Sec. 3-15.1. Reports. To require the appointed school | ||||||
3 | treasurer in Class
II counties, in each school district which | ||||||
4 | forms a part of a Class II
county school unit but which is not | ||||||
5 | subject to the jurisdiction of the
trustees of schools of any | ||||||
6 | township in which such district is located, and
in each school | ||||||
7 | district of the Class I counties to prepare and forward to
his | ||||||
8 | office on or before October 15, annually, and at such other | ||||||
9 | times as
may be required by him or by the
State Board of | ||||||
10 | Education a statement
exhibiting the financial condition of the | ||||||
11 | school for the preceding year
commencing on July 1 and ending | ||||||
12 | June 30.
| ||||||
13 | In Class I county school units, and in each school district | ||||||
14 | which forms
a part of a Class II county school unit but which | ||||||
15 | is not subject to the
jurisdiction of the trustees of schools | ||||||
16 | of any township in
which such school district is located, the | ||||||
17 | statement shall in the case of
districts on the accrual basis | ||||||
18 | show the assets, liabilities and fund
balance of the funds as | ||||||
19 | of the end of the fiscal year. The statement
shall show the | ||||||
20 | operation of the funds for the fiscal year with a
| ||||||
21 | reconciliation and analysis of changes in the funds at the end | ||||||
22 | of the
period. For districts on a cash basis the statement | ||||||
23 | shall show the
receipts and disbursements by funds including | ||||||
24 | the source of receipts and
purpose for which the disbursements | ||||||
25 | were made together with the balance
at the end of the fiscal | ||||||
26 | year. Each school district that is the
administrator of a joint | ||||||
27 | agreement shall cause an Annual Financial
Statement to be | ||||||
28 | submitted on forms prescribed by the
State Board of
Education | ||||||
29 | exhibiting the financial condition of the program established
| ||||||
30 | pursuant to the joint agreement, for the fiscal year ending on | ||||||
31 | the
immediately preceding June 30.
| ||||||
32 | The regional superintendent shall send all required | ||||||
33 | reports to the
State Board of Education on or before November |
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1 | 15, annually.
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2 | For all districts the statements shall show bonded debt, | ||||||
3 | tax
warrants, taxes received and receivable by funds and such | ||||||
4 | other
information as may be required by the
State Board of | ||||||
5 | Education. The statement (i) shall provide education | ||||||
6 | purchasing information in a manner determined by the State | ||||||
7 | Board and (ii) shall provide a certified statement from a | ||||||
8 | certified public accountant on whether or not a school district | ||||||
9 | is complying with the requirements and intent of Section | ||||||
10 | 10-20.21 of this Code. Any
district from which such report is | ||||||
11 | not so received when
required shall have its portion of the | ||||||
12 | distributive fund withheld for
the next ensuing year until such | ||||||
13 | report is filed.
| ||||||
14 | If a district is divided by a county line or lines the | ||||||
15 | foregoing
required statement shall be forwarded to the regional | ||||||
16 | superintendent of
schools having supervision and control of the | ||||||
17 | district.
| ||||||
18 | (Source: P.A. 86-1441; 87-473.)
| ||||||
19 | (105 ILCS 5/10-20.21) (from Ch. 122, par. 10-20.21)
| ||||||
20 | Sec. 10-20.21. Contracts.
| ||||||
21 | (a)
To award all contracts for
purchase of supplies, | ||||||
22 | materials or work or contracts with private carriers
for | ||||||
23 | transportation of pupils involving an expenditure in excess of | ||||||
24 | $10,000
to the lowest responsible bidder, considering | ||||||
25 | conformity with
specifications, terms of delivery, quality and | ||||||
26 | serviceability, after due
advertisement, except the following: | ||||||
27 | (i) contracts for the services of
individuals possessing a high | ||||||
28 | degree of professional skill where the
ability or fitness of | ||||||
29 | the individual plays an important part; (ii)
contracts for the | ||||||
30 | printing of finance committee reports and departmental
| ||||||
31 | reports; (iii) contracts for the printing or engraving of | ||||||
32 | bonds, tax
warrants and other evidences of indebtedness; (iv) | ||||||
33 | contracts for the
purchase of perishable foods and perishable |
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| |||||||
1 | beverages; (v) contracts for
materials and work which have been | ||||||
2 | awarded to the lowest responsible bidder
after due | ||||||
3 | advertisement, but due to unforeseen revisions, not the fault | ||||||
4 | of
the contractor for materials and work, must be revised | ||||||
5 | causing expenditures
not in excess of 10% of the contract | ||||||
6 | price; (vi)
contracts for the maintenance or servicing of, or | ||||||
7 | provision of
repair parts for, equipment which are made with | ||||||
8 | the manufacturer or
authorized service agent of that equipment | ||||||
9 | where the provision of parts,
maintenance, or servicing can | ||||||
10 | best be performed by the manufacturer or
authorized service | ||||||
11 | agent; (vii) purchases and contracts for the use,
purchase, | ||||||
12 | delivery, movement, or installation of data processing | ||||||
13 | equipment,
software, or services and telecommunications and | ||||||
14 | interconnect
equipment, software, and services; (viii) | ||||||
15 | contracts for duplicating
machines and supplies; (ix) | ||||||
16 | contracts for the purchase of natural gas when
the cost is less | ||||||
17 | than that offered by a public utility; (x) purchases of
| ||||||
18 | equipment previously owned by some entity other than the | ||||||
19 | district
itself; (xi) contracts for repair, maintenance, | ||||||
20 | remodeling, renovation, or
construction, or a single project | ||||||
21 | involving an expenditure not to exceed
$20,000 and not | ||||||
22 | involving a change or increase in the size, type, or extent
of | ||||||
23 | an existing facility; (xii) contracts for goods or services | ||||||
24 | procured
from another governmental agency; (xiii) contracts | ||||||
25 | for goods or services
which are economically procurable from | ||||||
26 | only one source, such as for the
purchase of magazines, books, | ||||||
27 | periodicals, pamphlets and reports, and for
utility services | ||||||
28 | such as water, light, heat, telephone or telegraph; and
(xiv) | ||||||
29 | where funds are expended in an emergency and such emergency
| ||||||
30 | expenditure is approved by 3/4 of the members of the board. | ||||||
31 | All competitive
bids for contracts involving an | ||||||
32 | expenditure in excess of $10,000 must be
sealed by the bidder | ||||||
33 | and must be opened by a member or employee of the
school board | ||||||
34 | at a public bid opening at which the contents of the bids
must |
| |||||||
| |||||||
1 | be announced. Each bidder must receive at least 3 days' notice | ||||||
2 | of the
time and place of the bid opening. For purposes of this | ||||||
3 | Section due
advertisement includes, but is not limited to, at | ||||||
4 | least one public notice
at least 10 days before the bid date in | ||||||
5 | a newspaper published in the
district, or if no newspaper is | ||||||
6 | published in the district, in a newspaper
of general | ||||||
7 | circulation in the area of the district. State master contracts | ||||||
8 | and certified education purchasing contracts, as defined in | ||||||
9 | Article 28A of this Code, are not subject to the requirements | ||||||
10 | of this paragraph.
| ||||||
11 | (b) To require, as a condition of any contract for goods | ||||||
12 | and services,
that persons
bidding for and awarded a contract | ||||||
13 | and all affiliates of the person collect and
remit
Illinois Use | ||||||
14 | Tax on all sales of tangible personal property into the State | ||||||
15 | of
Illinois in
accordance with the provisions of the Illinois | ||||||
16 | Use Tax Act regardless of whether
the
person or affiliate is a | ||||||
17 | "retailer maintaining a place of business within this
State" as
| ||||||
18 | defined in Section 2 of the Use Tax Act. For purposes of this | ||||||
19 | Section, the term
"affiliate"
means any entity that (1) | ||||||
20 | directly, indirectly, or constructively controls
another | ||||||
21 | entity, (2)
is directly, indirectly, or constructively | ||||||
22 | controlled by another entity, or (3)
is subject to
the control | ||||||
23 | of a common entity. For purposes of this subsection (b), an | ||||||
24 | entity
controls
another entity if it owns, directly or | ||||||
25 | individually, more than 10% of the
voting
securities
of that | ||||||
26 | entity. As used in this subsection (b), the term "voting | ||||||
27 | security"
means a security
that (1) confers upon the holder the | ||||||
28 | right to vote for the election of members
of the board
of | ||||||
29 | directors or similar governing body of the business or (2) is | ||||||
30 | convertible
into, or entitles
the holder to receive upon its | ||||||
31 | exercise, a security that confers such a right
to
vote. A
| ||||||
32 | general partnership interest is a voting security.
| ||||||
33 | To require that bids and contracts include a certification | ||||||
34 | by the bidder
or
contractor that the bidder or contractor is |
| |||||||
| |||||||
1 | not barred from bidding for or
entering into a
contract under | ||||||
2 | this Section and that the bidder or contractor acknowledges | ||||||
3 | that
the school
board may declare the contract void if the | ||||||
4 | certification completed pursuant to
this
subsection (b) is | ||||||
5 | false.
| ||||||
6 | (c) If the State education purchasing entity creates a | ||||||
7 | master contract as defined in Article 28A of this Code, then | ||||||
8 | the State education purchasing entity shall notify school | ||||||
9 | districts of the existence of the master contract. The State | ||||||
10 | purchasing entity shall also notify school districts of the | ||||||
11 | date by which the school districts must elect whether or not to | ||||||
12 | participate in the master contract, leaving adequate time for | ||||||
13 | the school district to solicit competing bids. The State | ||||||
14 | purchasing entity shall send to school districts no more than 4 | ||||||
15 | notifications of master contracts per year, although each | ||||||
16 | notification may include more than one master contract. Once a | ||||||
17 | school district has received notice of the existence of a | ||||||
18 | master contract, the school district shall do one of the | ||||||
19 | following: | ||||||
20 | (1) Publicly elect to participate in the master | ||||||
21 | contract without engaging in the competitive bidding | ||||||
22 | required by subsections (a) and (b) of this Section. | ||||||
23 | (2) Publicly elect to not participate in the master | ||||||
24 | contract on the ground that the supplies, materials, | ||||||
25 | equipment, or services available in the master contract are | ||||||
26 | not needed.
| ||||||
27 | (3) Solicit bids in accordance with subsections (a) and | ||||||
28 | (b) of this Section, and then, after bids have been | ||||||
29 | received, vote at a public meeting to (A) participate in | ||||||
30 | the master contract, (B) award a contract to a bidding | ||||||
31 | vendor who agrees to provide the supplies, materials, | ||||||
32 | equipment, or services on the same terms as the master | ||||||
33 | contract, (C) award a contract to a bidding vendor on terms | ||||||
34 | more favorable than those in the master contract, or (D) |
| |||||||
| |||||||
1 | not award a contract. | ||||||
2 | (d) In purchasing supplies, materials, equipment, or | ||||||
3 | services that are not subject to subsection (c) of this | ||||||
4 | Section, before a school district solicits bids or awards a | ||||||
5 | contract, the district must review and consider as a bid under | ||||||
6 | subsection (a) of this Section certified education purchasing | ||||||
7 | contracts that are already available through the State | ||||||
8 | education purchasing entity. If a certified education | ||||||
9 | purchasing contract is responsive to a request for bids, then | ||||||
10 | the school district must state publicly its reasons for not | ||||||
11 | participating in the certified education purchasing contract. | ||||||
12 | (e) A school district may annually adopt a resolution | ||||||
13 | establishing a local preference or a preference for businesses | ||||||
14 | certified under the Business Enterprise for Minorities, | ||||||
15 | Females, and Persons with Disabilities Act or both for any | ||||||
16 | contract entered into pursuant to subsections (c) and (d) of | ||||||
17 | this Section. The resolution must be adopted within 30 days | ||||||
18 | after the commencement of each fiscal year. The resolution | ||||||
19 | shall provide for specific criteria by which a preference may | ||||||
20 | be given to a bidder whose principal place of business is | ||||||
21 | located within the boundaries of the school district or for | ||||||
22 | certified businesses owned by females, minorities, or persons | ||||||
23 | with disabilities located within the State or both. If a | ||||||
24 | contract is awarded pursuant to such a preference, then the | ||||||
25 | school district must adopt a resolution stating that it | ||||||
26 | approves the use of the preference in awarding the contract. A | ||||||
27 | school district may not adopt a resolution stating that any | ||||||
28 | specific number or dollar amount of contracts must be awarded | ||||||
29 | through a preference authorized by this Section. No preference | ||||||
30 | authorized by this Section may result in the awarding of a | ||||||
31 | contract to a bidder whose bid is 10% or more greater than the | ||||||
32 | price specified in a master contract or certified education | ||||||
33 | purchasing contract. The school district is solely responsible | ||||||
34 | for ensuring that any preference granted pursuant to this |
| |||||||
| |||||||
1 | Section complies with all of the requirements of the United | ||||||
2 | States Constitution and the Illinois Constitution. | ||||||
3 | (f) If a school district does not comply with the | ||||||
4 | requirements and intent of subsections (c) and (d) of this | ||||||
5 | Section, then the school district is subject to a penalty as | ||||||
6 | determined by the State Board of Education.
| ||||||
7 | (Source: P.A. 93-25, eff. 6-20-03.)
| ||||||
8 | (105 ILCS 5/Art. 28A heading new)
| ||||||
9 | ARTICLE 28A. Education Purchasing Program. | ||||||
10 | (105 ILCS 5/28A-5 new)
| ||||||
11 | Sec. 28A-5. Definitions. In this Article: | ||||||
12 | "State Board" means the State Board of Education. | ||||||
13 | "Education purchasing contract" means a contract | ||||||
14 | negotiated by the State Board, a local, State, or federal | ||||||
15 | governmental entity, or a not-for-profit, for-profit, or | ||||||
16 | cooperative entity that is certified under Section 28A-15 of | ||||||
17 | this Code and made available to school districts.
| ||||||
18 | "Master contract" means a contract designated as a | ||||||
19 | statewide education master contract under Section 28A-15 of | ||||||
20 | this Code.
| ||||||
21 | "Program" means the education purchasing program created | ||||||
22 | under this Article. | ||||||
23 | (105 ILCS 5/28A-10 new)
| ||||||
24 | Sec. 28A-10. Program created. The State Board shall create | ||||||
25 | an education purchasing program. Under the program, the State | ||||||
26 | Board shall designate itself or another entity to act as a | ||||||
27 | State education purchasing entity to form and designate | ||||||
28 | statewide education master contracts and to certify education | ||||||
29 | purchasing contracts for key categories identified and defined | ||||||
30 | by the State Board. The State education purchasing entity shall | ||||||
31 | provide master contract and education purchasing contract |
| |||||||
| |||||||
1 | information and pricing to school districts. | ||||||
2 | (105 ILCS 5/28A-15 new)
| ||||||
3 | Sec. 28A-15. Powers of State education purchasing entity. | ||||||
4 | The State education purchasing entity shall have all of the | ||||||
5 | following powers: | ||||||
6 | (1) To select vendors and form contracts in accordance | ||||||
7 | with the State's purchasing laws. | ||||||
8 | (2) To designate a contract as a statewide education | ||||||
9 | master contract for purposes of subsection (c) of Section | ||||||
10 | 10-20.21 of this Code. | ||||||
11 | (3) To certify an education purchasing contract, | ||||||
12 | provided that the contract was entered into according to | ||||||
13 | procedures and conditions that conform to applicable State | ||||||
14 | purchasing laws, for purposes of subsection (d) of Section | ||||||
15 | 10-20.21 of this Code. | ||||||
16 | (4) To facilitate the inter-district sale or transfer | ||||||
17 | of excess inventory or equipment. | ||||||
18 | (5) To select and subsidize e-procurement tools to be | ||||||
19 | implemented within school districts. | ||||||
20 | (105 ILCS 5/28A-20 new)
| ||||||
21 | Sec. 28A-20. Rules. The State Board or other State agency | ||||||
22 | designated by the State Board may adopt rules to implement, | ||||||
23 | administer, and enforce the program. | ||||||
24 | Section 97. Severability. The provisions of this Act are | ||||||
25 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
26 | Section 99. Effective date. This Act takes effect July 1, | ||||||
27 | 2004, except that the provisions changing Sections 3-15.1 and | ||||||
28 | 10-20.21 of the School Code and adding Article 28A of the | ||||||
29 | School Code take effect on July 1, 2005.".
|