Rep. Roger L. Eddy
Filed: 4/19/2007
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1 | AMENDMENT TO HOUSE BILL 261
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2 | AMENDMENT NO. ______. Amend House Bill 261 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 10-20.21 as follows:
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6 | (105 ILCS 5/10-20.21) (from Ch. 122, par. 10-20.21)
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7 | Sec. 10-20.21. Contracts.
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8 | (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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12 | to the lowest responsible bidder, considering conformity with
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13 | specifications, terms of delivery, quality and serviceability, | ||||||
14 | after due
advertisement, except the following: (i) contracts | ||||||
15 | for the services of
individuals or corporations possessing a | ||||||
16 | high degree of professional skill where the
ability or fitness |
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1 | of the individual or corporation plays an important part; (ii)
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2 | contracts for the printing of finance committee reports and | ||||||
3 | departmental
reports; (iii) contracts for the printing or | ||||||
4 | engraving of bonds, tax
warrants and other evidences of | ||||||
5 | indebtedness; (iv) contracts for the
purchase of perishable | ||||||
6 | foods and perishable beverages , including, but not limited to, | ||||||
7 | food service contracts ; (v) contracts for
materials and work | ||||||
8 | which have been awarded to the lowest responsible bidder
after | ||||||
9 | due advertisement, but due to unforeseen revisions, not the | ||||||
10 | fault of
the contractor for materials and work, must be revised | ||||||
11 | causing expenditures
not in excess of 10% of the contract | ||||||
12 | price; (vi)
contracts for the maintenance or servicing of, or | ||||||
13 | provision of
repair parts for, equipment which are made with | ||||||
14 | the manufacturer or
authorized service agent of that equipment | ||||||
15 | where the provision of parts,
maintenance, or servicing can | ||||||
16 | best be performed by the manufacturer or
authorized service | ||||||
17 | agent; (vii) purchases and contracts for the use,
purchase, | ||||||
18 | delivery, movement, or installation of data processing | ||||||
19 | equipment,
software, or services and telecommunications and | ||||||
20 | interconnect
equipment, software, and services; (viii) | ||||||
21 | contracts for duplicating
machines and supplies; (ix) | ||||||
22 | contracts for the purchase of
natural gas when
the cost is less | ||||||
23 | than that offered by
a public utility; (x) purchases of
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24 | equipment previously owned by some entity other than the | ||||||
25 | district
itself; (xi) contracts for repair, maintenance, | ||||||
26 | remodeling, renovation, or
construction, or a single project |
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1 | involving an expenditure not to exceed
$50,000
$20,000 and not | ||||||
2 | involving a change or increase in the size, type, or extent
of | ||||||
3 | an existing facility; (xii) contracts for goods or services | ||||||
4 | procured
from another governmental agency or consortia of | ||||||
5 | agencies ; (xiii) contracts for goods or services
which are | ||||||
6 | economically procurable from only one source, such as for the
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7 | purchase of magazines, books, periodicals, pamphlets and | ||||||
8 | reports, and for
utility services such as water, light, heat, | ||||||
9 | telephone or telegraph;
(xiv) where funds are expended in an | ||||||
10 | emergency and such emergency
expenditure is approved by 3/4 of | ||||||
11 | the members of the board; and (xv) State master contracts | ||||||
12 | authorized under Article 28A of this Code. A school board must | ||||||
13 | either award electricity contracts involving an expenditure in | ||||||
14 | excess of $25,000 to the lowest responsible bidder, considering | ||||||
15 | conformity with specifications, terms of delivery, quality, | ||||||
16 | and serviceability, after due advertisement or procure | ||||||
17 | electricity through a request for proposals process similar to | ||||||
18 | the process set forth in Article 19b of this Code. If a school | ||||||
19 | district joins a utility consortium, then that consortium must | ||||||
20 | either award electricity contracts involving an expenditure in | ||||||
21 | excess of $25,000 to the lowest responsible bidder, considering | ||||||
22 | conformity with specifications, terms of delivery, quality, | ||||||
23 | and serviceability, after due advertisement or procure | ||||||
24 | electricity through a request for proposals process similar to | ||||||
25 | the process set forth in Article 19b of this Code.
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26 | All competitive
bids for contracts involving an |
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1 | expenditure in excess of $25,000 or a lower amount as required | ||||||
2 | by board policy
$10,000 must be
sealed by the bidder and must | ||||||
3 | be opened by a member or employee of the
school board at a | ||||||
4 | public bid opening at which the contents of the bids
must be | ||||||
5 | announced. Each bidder must receive at least 3 days' notice of | ||||||
6 | the
time and place of the bid opening. For purposes of this | ||||||
7 | Section due
advertisement includes, but is not limited to, at | ||||||
8 | least one public notice
at least 10 days before the bid date in | ||||||
9 | a newspaper published in the
district, or if no newspaper is | ||||||
10 | published in the district, in a newspaper
of general | ||||||
11 | circulation in the area of the district. State master contracts | ||||||
12 | and certified education purchasing contracts, as defined in | ||||||
13 | Article 28A of this Code, are not subject to the requirements | ||||||
14 | of this paragraph.
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15 | (b) To require, as a condition of any contract for goods | ||||||
16 | and services,
that persons
bidding for and awarded a contract | ||||||
17 | and all affiliates of the person collect and
remit
Illinois Use | ||||||
18 | Tax on all sales of tangible personal property into the State | ||||||
19 | of
Illinois in
accordance with the provisions of the Illinois | ||||||
20 | Use Tax Act regardless of whether
the
person or affiliate is a | ||||||
21 | "retailer maintaining a place of business within this
State" as
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22 | defined in Section 2 of the Use Tax Act. For purposes of this | ||||||
23 | Section, the term
"affiliate"
means any entity that (1) | ||||||
24 | directly, indirectly, or constructively controls
another | ||||||
25 | entity, (2)
is directly, indirectly, or constructively | ||||||
26 | controlled by another entity, or (3)
is subject to
the control |
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1 | of a common entity. For purposes of this subsection (b), an | ||||||
2 | entity
controls
another entity if it owns, directly or | ||||||
3 | individually, more than 10% of the
voting
securities
of that | ||||||
4 | entity. As used in this subsection (b), the term "voting | ||||||
5 | security"
means a security
that (1) confers upon the holder the | ||||||
6 | right to vote for the election of members
of the board
of | ||||||
7 | directors or similar governing body of the business or (2) is | ||||||
8 | convertible
into, or entitles
the holder to receive upon its | ||||||
9 | exercise, a security that confers such a right
to
vote. A
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10 | general partnership interest is a voting security.
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11 | To require that bids and contracts include a certification | ||||||
12 | by the bidder
or
contractor that the bidder or contractor is | ||||||
13 | not barred from bidding for or
entering into a
contract under | ||||||
14 | this Section and that the bidder or contractor acknowledges | ||||||
15 | that
the school
board may declare the contract void if the | ||||||
16 | certification completed pursuant to
this
subsection (b) is | ||||||
17 | false.
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18 | (b-5) To require all contracts and agreements that pertain | ||||||
19 | to goods and services and that are intended to generate | ||||||
20 | additional revenue and other remunerations for the school | ||||||
21 | district in excess of $1,000, including without limitation | ||||||
22 | vending machine contracts, sports and other attire, class | ||||||
23 | rings, and photographic services, to be approved by the school | ||||||
24 | board. The school board shall file as an attachment to its | ||||||
25 | annual budget a report, in a form as determined by the State | ||||||
26 | Board of Education, indicating for the prior year the name of |
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1 | the vendor, the product or service provided, and the actual net | ||||||
2 | revenue and non-monetary remuneration from each of the | ||||||
3 | contracts or agreements. In addition, the report shall indicate | ||||||
4 | for what purpose the revenue was used and how and to whom the | ||||||
5 | non-monetary remuneration was distributed.
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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. | ||||||
10 | (d) In purchasing supplies, materials, equipment, or | ||||||
11 | services that are not subject to subsection (c) of this | ||||||
12 | Section, before a school district solicits bids or awards a | ||||||
13 | contract, the district may review and consider as a bid under | ||||||
14 | subsection (a) of this Section certified education purchasing | ||||||
15 | contracts that are already available through the State | ||||||
16 | education purchasing entity. | ||||||
17 | (Source: P.A. 93-25, eff. 6-20-03; 93-1036, eff. 9-14-04; | ||||||
18 | 94-714, eff. 7-1-06 .)
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.".
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