Full Text of SB1426 95th General Assembly
SB1426 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1426
Introduced 2/9/2007, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED: |
|
105 ILCS 5/10-20.21 |
from Ch. 122, par. 10-20.21 |
|
Amends the School Code. With respect to the exceptions to the requirement that a school board award contracts involving an expenditure in excess of $10,000 to the lowest responsible bidder, removes the exceptions for contracts for the purchase of natural gas when the cost is less than that offered by a public utility and for utility services such as light and heat. Provides that a school board must award utility contracts, such as natural gas or electricity, involving an expenditure in excess of $10,000 to the lowest responsible bidder. Provides that if a school district joins a utility consortium, then that consortium must award utility contracts involving an expenditure in excess of $10,000 to the lowest responsible bidder. Effective immediately.
|
| |
|
|
FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
|
|
A BILL FOR
|
|
|
|
|
SB1426 |
|
LRB095 11052 NHT 31374 b |
|
| 1 |
| AN ACT concerning education.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The School Code is amended by changing Section | 5 |
| 10-20.21 as follows:
| 6 |
| (105 ILCS 5/10-20.21) (from Ch. 122, par. 10-20.21)
| 7 |
| Sec. 10-20.21. Contracts.
| 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 |
| $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
| 18 |
| 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 |
|
|
|
SB1426 |
- 2 - |
LRB095 11052 NHT 31374 b |
|
| 1 |
| of
the contractor for materials and work, must be revised | 2 |
| causing expenditures
not in excess of 10% of the contract | 3 |
| price; (vi)
contracts for the maintenance or servicing of, or | 4 |
| provision of
repair parts for, equipment which are made with | 5 |
| the manufacturer or
authorized service agent of that equipment | 6 |
| where the provision of parts,
maintenance, or servicing can | 7 |
| best be performed by the manufacturer or
authorized service | 8 |
| agent; (vii) purchases and contracts for the use,
purchase, | 9 |
| delivery, movement, or installation of data processing | 10 |
| equipment,
software, or services and telecommunications and | 11 |
| interconnect
equipment, software, and services; (viii) | 12 |
| contracts for duplicating
machines and supplies; (ix) (blank);
| 13 |
| contracts for the purchase of natural gas when
the cost is less | 14 |
| than that offered by a public utility; (x) purchases of
| 15 |
| equipment previously owned by some entity other than the | 16 |
| district
itself; (xi) contracts for repair, maintenance, | 17 |
| remodeling, renovation, or
construction, or a single project | 18 |
| involving an expenditure not to exceed
$20,000 and not | 19 |
| involving a change or increase in the size, type, or extent
of | 20 |
| an existing facility; (xii) contracts for goods or services | 21 |
| procured
from another governmental agency; (xiii) contracts | 22 |
| for goods or services
which are economically procurable from | 23 |
| only one source, such as for the
purchase of magazines, books, | 24 |
| periodicals, pamphlets and reports, and for
utility services | 25 |
| such as water, light, heat, telephone or telegraph;
(xiv) where | 26 |
| funds are expended in an emergency and such emergency
|
|
|
|
SB1426 |
- 3 - |
LRB095 11052 NHT 31374 b |
|
| 1 |
| expenditure is approved by 3/4 of the members of the board; and | 2 |
| (xv) State master contracts authorized under Article 28A of | 3 |
| this Code. A school board must award utility contracts, such as | 4 |
| natural gas or electricity, involving an expenditure in excess | 5 |
| of $10,000 to the lowest responsible bidder, considering | 6 |
| conformity with specifications, terms of delivery, quality, | 7 |
| and serviceability, after due advertisement. If a school | 8 |
| district joins a utility consortium, then that consortium must | 9 |
| award utility contracts involving an expenditure in excess of | 10 |
| $10,000 to the lowest responsible bidder, considering | 11 |
| conformity with specifications, terms of delivery, quality, | 12 |
| and serviceability, after due advertisement.
| 13 |
| All competitive
bids for contracts involving an | 14 |
| expenditure in excess of $10,000 must be
sealed by the bidder | 15 |
| and must be opened by a member or employee of the
school board | 16 |
| at a public bid opening at which the contents of the bids
must | 17 |
| be announced. Each bidder must receive at least 3 days' notice | 18 |
| of the
time and place of the bid opening. For purposes of this | 19 |
| Section due
advertisement includes, but is not limited to, at | 20 |
| least one public notice
at least 10 days before the bid date in | 21 |
| a newspaper published in the
district, or if no newspaper is | 22 |
| published in the district, in a newspaper
of general | 23 |
| circulation in the area of the district. State master contracts | 24 |
| and certified education purchasing contracts, as defined in | 25 |
| Article 28A of this Code, are not subject to the requirements | 26 |
| of this paragraph.
|
|
|
|
SB1426 |
- 4 - |
LRB095 11052 NHT 31374 b |
|
| 1 |
| (b) To require, as a condition of any contract for goods | 2 |
| and services,
that persons
bidding for and awarded a contract | 3 |
| and all affiliates of the person collect and
remit
Illinois Use | 4 |
| Tax on all sales of tangible personal property into the State | 5 |
| of
Illinois in
accordance with the provisions of the Illinois | 6 |
| Use Tax Act regardless of whether
the
person or affiliate is a | 7 |
| "retailer maintaining a place of business within this
State" as
| 8 |
| defined in Section 2 of the Use Tax Act. For purposes of this | 9 |
| Section, the term
"affiliate"
means any entity that (1) | 10 |
| directly, indirectly, or constructively controls
another | 11 |
| entity, (2)
is directly, indirectly, or constructively | 12 |
| controlled by another entity, or (3)
is subject to
the control | 13 |
| of a common entity. For purposes of this subsection (b), an | 14 |
| entity
controls
another entity if it owns, directly or | 15 |
| individually, more than 10% of the
voting
securities
of that | 16 |
| entity. As used in this subsection (b), the term "voting | 17 |
| security"
means a security
that (1) confers upon the holder the | 18 |
| right to vote for the election of members
of the board
of | 19 |
| directors or similar governing body of the business or (2) is | 20 |
| convertible
into, or entitles
the holder to receive upon its | 21 |
| exercise, a security that confers such a right
to
vote. A
| 22 |
| general partnership interest is a voting security.
| 23 |
| To require that bids and contracts include a certification | 24 |
| by the bidder
or
contractor that the bidder or contractor is | 25 |
| not barred from bidding for or
entering into a
contract under | 26 |
| this Section and that the bidder or contractor acknowledges |
|
|
|
SB1426 |
- 5 - |
LRB095 11052 NHT 31374 b |
|
| 1 |
| that
the school
board may declare the contract void if the | 2 |
| certification completed pursuant to
this
subsection (b) is | 3 |
| false.
| 4 |
| (b-5) To require all contracts and agreements that pertain | 5 |
| to goods and services and that are intended to generate | 6 |
| additional revenue and other remunerations for the school | 7 |
| district in excess of $1,000, including without limitation | 8 |
| vending machine contracts, sports and other attire, class | 9 |
| rings, and photographic services, to be approved by the school | 10 |
| board. The school board shall file as an attachment to its | 11 |
| annual budget a report, in a form as determined by the State | 12 |
| Board of Education, indicating for the prior year the name of | 13 |
| the vendor, the product or service provided, and the actual net | 14 |
| revenue and non-monetary remuneration from each of the | 15 |
| contracts or agreements. In addition, the report shall indicate | 16 |
| for what purpose the revenue was used and how and to whom the | 17 |
| non-monetary remuneration was distributed.
| 18 |
| (c) If the State education purchasing entity creates a | 19 |
| master contract as defined in Article 28A of this Code, then | 20 |
| the State education purchasing entity shall notify school | 21 |
| districts of the existence of the master contract. | 22 |
| (d) In purchasing supplies, materials, equipment, or | 23 |
| services that are not subject to subsection (c) of this | 24 |
| Section, before a school district solicits bids or awards a | 25 |
| contract, the district may review and consider as a bid under | 26 |
| subsection (a) of this Section certified education purchasing |
|
|
|
SB1426 |
- 6 - |
LRB095 11052 NHT 31374 b |
|
| 1 |
| contracts that are already available through the State | 2 |
| education purchasing entity. | 3 |
| (Source: P.A. 93-25, eff. 6-20-03; 93-1036, eff. 9-14-04; | 4 |
| 94-714, eff. 7-1-06 .)
| 5 |
| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
|
|