Full Text of HB2544 95th General Assembly
HB2544ham001 95TH GENERAL ASSEMBLY
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Rep. Patrick J Verschoore
Filed: 10/11/2007
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LRB095 01452 RAS 39707 a |
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| AMENDMENT TO HOUSE BILL 2544
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| AMENDMENT NO. ______. Amend House Bill 2544 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Sections | 5 |
| 10-9 and 10-22.3a as follows:
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| (105 ILCS 5/10-9) (from Ch. 122, par. 10-9)
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| Sec. 10-9. Interest of board member in contracts.
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| (a) No school board member shall be interested, directly or | 9 |
| indirectly,
in his own name or in the name of any other person, | 10 |
| association, trust or
corporation, in any contract, work or | 11 |
| business of the district or in the
sale of any article, | 12 |
| whenever the expense, price or consideration of the
contract, | 13 |
| work, business or sale is paid either from the treasury or by | 14 |
| any
assessment levied by any statute or ordinance. No school | 15 |
| board member
shall be interested, directly or indirectly, in | 16 |
| the purchase of any
property which (1) belongs to the district, |
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| or (2) is sold for taxes or
assessments, or (3) is sold by | 2 |
| virtue of legal process at the suit of
the district.
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| (b) However, any board member may provide materials, | 4 |
| merchandise,
property, services or labor, if:
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| A. the contract is with a person, firm, partnership, | 6 |
| association,
corporation or cooperative association in | 7 |
| which the board member has
less than a 7 1/2% share in the | 8 |
| ownership; and
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| B. such interested board member publicly discloses the | 10 |
| nature and
extent of his interest prior to or during | 11 |
| deliberations concerning the
proposed award of the | 12 |
| contract; and
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| C. such interested board member abstains from voting on | 14 |
| the award of
the contract, though he shall be considered | 15 |
| present for the purposes of
establishing a quorum; and
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| D. such contract is approved by a majority vote of | 17 |
| those board
members presently holding office; and
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| E. the contract is awarded after sealed bids to the | 19 |
| lowest
responsible bidder if the amount of the contract | 20 |
| exceeds $1500,
or
awarded without bidding if the amount of | 21 |
| the contract is less than
$1500; and
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| F. the award of the contract would not cause the | 23 |
| aggregate amount of
all such contracts so awarded to the | 24 |
| same person, firm, association,
partnership, corporation | 25 |
| or cooperative association in the same fiscal
year to | 26 |
| exceed $25,000.
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| (c) In addition to the above exemption, any board member | 2 |
| may provide
materials, merchandise, property, services or | 3 |
| labor if:
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| A. the award of the contract is approved by a majority | 5 |
| vote of the
board provided that any such interested member | 6 |
| shall abstain from
voting; and
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| B. the amount of the contract does not exceed $1,000; | 8 |
| and
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| C. the award of the contract would not cause the | 10 |
| aggregate amount of
all such contracts so awarded to the | 11 |
| same person, firm, association,
partnership, corporation, | 12 |
| or cooperative association in the same fiscal
year to | 13 |
| exceed $2,000, except with respect to a board member of a | 14 |
| school
district in which the materials, merchandise, | 15 |
| property, services, or labor to
be provided under the | 16 |
| contract are not available from any other person, firm,
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| association, partnership, corporation, or cooperative | 18 |
| association in the
district, in which event the award of | 19 |
| the contract shall not cause the
aggregate amount of all | 20 |
| contracts so awarded to that same person, firm,
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| association, partnership, or cooperative association in | 22 |
| the same fiscal year to
exceed $5,000; and
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| D. such interested member publicly discloses the | 24 |
| nature and extent
of his interest prior to or during | 25 |
| deliberations concerning the proposed
award of the | 26 |
| contract; and
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| E. such interested member abstains from voting on the | 2 |
| award of the
contract, though he shall be considered | 3 |
| present for the purposes of
establishing a quorum.
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| (d) In addition to exemptions otherwise authorized by this | 5 |
| Section, any
board member may purchase for use as the board | 6 |
| member's primary place of
residence a house constructed by the | 7 |
| district's vocational education
students on the same basis that | 8 |
| any other person would be entitled to
purchase the property. | 9 |
| The sale of the house by the district must comply
with the | 10 |
| requirements set forth in Section 5-22 of The School Code.
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| (e) A contract for the procurement of public utility | 12 |
| services by a
district with a public utility company is not | 13 |
| barred by this Section by
one or more members of the board | 14 |
| being an officer or employee of the
public utility company or | 15 |
| holding an ownership interest of no more than
7 1/2% in the | 16 |
| public utility company, or holding an ownership interest of
any | 17 |
| size if the school district has a population of less than 7,500 | 18 |
| and
the public utility's rates are approved by the Illinois | 19 |
| Commerce
Commission. An elected or appointed member of the | 20 |
| board having such an
interest shall be deemed not to have a | 21 |
| prohibited interest under this Section.
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| (f) Nothing contained in this Section, including the | 23 |
| restrictions set
forth in subsections (b), (c), (d) and (e), | 24 |
| shall preclude a contract of
deposit of monies, loans or other | 25 |
| financial services by a school
district with a local bank or | 26 |
| local savings and loan association,
regardless of whether a |
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| member or members of the governing body of the
school district | 2 |
| are interested in such bank or savings and loan
association as | 3 |
| an officer or employee or as a holder of less than 7 1/2%
of the | 4 |
| total ownership interest. A member or members holding such an
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| interest in such a contract shall not be deemed to be holding a
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| prohibited interest for purposes of this Act. Such interested | 7 |
| member or
members of the governing body must publicly state the | 8 |
| nature and extent
of their interest during deliberations | 9 |
| concerning the proposed award of
such a contract, but shall not | 10 |
| participate in any further deliberations
concerning the | 11 |
| proposed award. Such interested member or members shall
not | 12 |
| vote on such a proposed award. Any member or members abstaining
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| from participation in deliberations and voting under this | 14 |
| Section may be
considered present for purposes of establishing | 15 |
| a quorum. Award of such
a contract shall require approval by a | 16 |
| majority vote of those members
presently holding office. | 17 |
| Consideration and award of any such contract
in which a member | 18 |
| or members are interested may only be made at a
regularly | 19 |
| scheduled public meeting of the governing body of the school
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| district.
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| (f-5) It is not a conflict of interest for an elected board | 22 |
| member who is a recipient of benefits under the district's | 23 |
| health insurance plan to vote on the district's health | 24 |
| insurance contract and issues related to that contract.
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| (g) Any school board member who violates this Section is | 26 |
| guilty of a
Class 4 felony and in addition thereto any office |
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| held by such person so
convicted shall become vacant and shall | 2 |
| be so declared as part of the
judgment of the court.
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| (Source: P.A. 89-244, eff. 8-4-95.)
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| (105 ILCS 5/10-22.3a) (from Ch. 122, par. 10-22.3a)
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| Sec. 10-22.3a. To provide for or to participate in | 6 |
| provisions for insurance
protection and benefits for its | 7 |
| employees and their dependents including
but not limited to | 8 |
| retirement annuities, medical, surgical and
hospitalization | 9 |
| benefits in such types and amounts, if any, as shall be
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| determined by the board, for the purpose of aiding in securing | 11 |
| and
retaining the services of competent employees. Where | 12 |
| employee participation
in such provisions is involved, the | 13 |
| board, with the consent of the
employee, may withhold | 14 |
| deductions from the employee's salary necessary to
defray the | 15 |
| employee's share of such insurance costs. Such insurance or
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| benefits may be contracted for only with an insurance company | 17 |
| authorized to
do business in this State. Such insurance may | 18 |
| include provisions
for employees and their dependents who rely | 19 |
| on treatment by prayer or
spiritual means alone for healing, in | 20 |
| accordance with the tenets and
practice of a recognized | 21 |
| religious denomination.
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| For purposes of this Section, the term "dependent" means an | 23 |
| employee's
spouse and any unmarried child (1) under the age of | 24 |
| 19 years including (a)
an adopted child and (b) a step-child or | 25 |
| recognized child who lives with
the employee in a regular |
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| parent-child relationship, or (2) under the age
of 23 who is | 2 |
| enrolled as a full-time student in any accredited school,
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| college or university. | 4 |
| Nothing contained in this Code shall
may preclude an | 5 |
| elected school board member from participating in a group | 6 |
| health insurance program provided to that person as a retired | 7 |
| employee of the school district that the board member serves or | 8 |
| as a dependent of a current or retired
an employee of the | 9 |
| school district that the board member serves if the board | 10 |
| member is a dependent of that employee .
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| (Source: P.A. 94-410, eff. 8-2-05.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.".
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