Full Text of HB3480 94th General Assembly
HB3480 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3480
Introduced 2/23/2005, by Rep. Renee Kosel - Aaron Schock - Elizabeth Coulson SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/10-20.21 |
from Ch. 122, par. 10-20.21 |
105 ILCS 5/17-1 |
from Ch. 122, par. 17-1 |
30 ILCS 805/8.29 new |
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Amends the School Code. Provides that the annual budget of a school district under 500,000 inhabitants shall separately identify revenue from taxes and revenue from all other sources, including without limitation vending machines, and disclose all school board-sanctioned contractual agreements and the estimated revenue to be received as a result of these contracts. Requires all contracts and agreements that pertain to goods and services and that are intended to generate additional revenue and other remunerations for a school district, including without limitation vending machine contracts, sports and other attire, class rings, and photographic services to be approved by the school board. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB3480 |
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LRB094 11248 RAS 41990 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 Section | 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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HB3480 |
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LRB094 11248 RAS 41990 b |
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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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HB3480 |
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LRB094 11248 RAS 41990 b |
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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, including without limitation vending machine | 32 |
| contracts, sports and other attire, class rings, and | 33 |
| photographic services, to be approved by the school board.
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| (c) If the State education purchasing entity creates a | 35 |
| master contract as defined in Article 28A of this Code, then | 36 |
| the State education purchasing entity shall notify school |
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LRB094 11248 RAS 41990 b |
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| districts of the existence of the master 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 may 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. | 9 |
| (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 | 12 |
| school
district under 500,000 inhabitants shall, within or | 13 |
| before the first
quarter of each fiscal year, adopt an annual | 14 |
| budget which it deems
necessary to defray all necessary | 15 |
| expenses and liabilities of the
district, and in such annual | 16 |
| budget shall specify the objects and
purposes of each item and | 17 |
| amount needed for each object or purpose.
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| The budget shall be entered upon a School District Budget | 19 |
| form prepared
and provided by the State Board of Education and | 20 |
| therein shall contain
(i) a statement of the cash on hand from | 21 |
| taxes at the
beginning of the fiscal year and a statement of | 22 |
| the cash on hand from all other sources, including without | 23 |
| limitation vending machines, at the beginning of the fiscal | 24 |
| year; (ii) , an estimate of the cash expected to be
received | 25 |
| from taxes during such fiscal year and an estimate of the cash | 26 |
| expected to be received from all other sources, including | 27 |
| without limitation vending machines, during such fiscal year; | 28 |
| (iii)
from all sources, an estimate of the
expenditures from | 29 |
| tax revenues contemplated for such fiscal year and an estimate | 30 |
| of the expenditures from revenues from all other sources, | 31 |
| including without limitation vending machines, contemplated | 32 |
| for such fiscal year; (iv) , and a statement of the
estimated | 33 |
| cash from taxes expected to be on hand at the end of such year | 34 |
| and a statement of the estimated cash from all other sources, | 35 |
| including without limitation vending machines, expected to be |
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LRB094 11248 RAS 41990 b |
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| on hand at the end of such year; and (v) a statement disclosing | 2 |
| all school board-sanctioned contractual agreements and | 3 |
| estimated revenue expected to be received as a result of these | 4 |
| contracts . The
estimate of taxes to be received may be based | 5 |
| upon the amount of actual
cash receipts that may reasonably be | 6 |
| expected by the district during
such fiscal year, estimated | 7 |
| from the experience of the district in prior
years and with due | 8 |
| regard for other circumstances that may substantially
affect | 9 |
| such receipts. Nothing in this Section shall be construed as
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| requiring any district to change or preventing any district | 11 |
| from
changing from a cash basis of financing to a surplus or | 12 |
| deficit basis of
financing; or as requiring any district to | 13 |
| change or preventing any
district from changing its system of | 14 |
| accounting.
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| The board of education of each district shall fix a fiscal | 16 |
| year
therefor. If the beginning of the fiscal year of a | 17 |
| district is
subsequent to the time that the tax levy due to be | 18 |
| made in such
fiscal year shall be
made, then such annual budget | 19 |
| 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 | 21 |
| annual
budget, or to comply in any respect with the provisions | 22 |
| of this Section, shall
not affect the validity of any tax levy | 23 |
| of the district otherwise in
conformity with the law. With | 24 |
| respect to taxes levied either before, on, or
after the | 25 |
| effective date of this amendatory Act of the 91st General | 26 |
| Assembly,
(i) a tax levy is made
for the fiscal year in which | 27 |
| the levy is due to be made regardless of which
fiscal year the | 28 |
| 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 | 30 |
| of education's
adoption of
an annual budget in conformity with | 31 |
| this Section is not a prerequisite to the
adoption of a valid | 32 |
| 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 | 34 |
| person or
persons designated by the board, and in such | 35 |
| tentative form shall be
made conveniently available to public | 36 |
| inspection for at least 30 days
prior to final action thereon. |
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HB3480 |
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LRB094 11248 RAS 41990 b |
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| At least 1 public hearing shall be held
as to such budget prior | 2 |
| to final action thereon. Notice of availability
for public | 3 |
| inspection and of such public hearing shall be given by
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| publication in a newspaper published in such district, at least | 5 |
| 30 days
prior to the time of such hearing. If there is no | 6 |
| newspaper published
in such district, notice of such public | 7 |
| hearing shall be given by
posting notices thereof in 5 of the | 8 |
| most public places in such district.
It shall be the duty of | 9 |
| the secretary of such board to make such
tentative budget | 10 |
| available to public inspection, and to arrange for such
public | 11 |
| 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 | 13 |
| 10% of the
total of such fund as set forth in the budget. The | 14 |
| board may from time
to time amend such budget by the same | 15 |
| 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 | 18 |
| administration of
a joint agreement shall, by September 1 of | 19 |
| each
fiscal year thereafter, adopt an annual budget for the | 20 |
| joint agreement
in the same manner and subject to the same | 21 |
| requirements as are provided
in this Section.
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| The State Board of Education shall exercise powers and | 23 |
| duties
relating to budgets as provided in Section 2--3.27 of | 24 |
| this Act.
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| By fiscal year 1982 all school districts shall use the | 26 |
| Program Budget
Accounting System.
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| In the case of a school district receiving emergency State | 28 |
| financial
assistance under Article 1B, the school board shall | 29 |
| also be subject to the
requirements
established under Article | 30 |
| 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 | 33 |
| Section 8.29 as
follows:
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| (30 ILCS 805/8.29 new)
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HB3480 |
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LRB094 11248 RAS 41990 b |
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| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 2 |
| of this
Act, no reimbursement by the State is required for the | 3 |
| implementation of
any mandate created by this amendatory Act of | 4 |
| the 94th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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