Full Text of HB3829 94th General Assembly
HB3829 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3829
Introduced 2/25/2005, by Rep. Cynthia Soto SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/10-20.21 |
from Ch. 122, par. 10-20.21 |
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Amends the School Code. For competitive bids for service contracts involving an expenditure in excess of $10,000, provides that the bidder must disclose, before the public bid opening, in an affidavit that becomes part of the bid, (1) any charges filed against the bidder within the past 10 years pursuant to the National Labor Relations Act, the Civil Rights Act of 1964, or the Illinois Human Rights Act, (2) any charges filed against the bidder within the past 10 years related to bid-rigging or bid manipulation, (3) any legal claims pending against the bidder, (4) all workplace injuries reported by employees within the past year, (5) all employee turnover, (6) any units of government that have barred the bidder or its affiliates from future bidding, (7) any contributions given to the political campaigns of school board members or any political action committee created with the purpose of affecting policies related to a particular school district or its students, (8) any gifts given to a prohibited recipient under the State Officials and Employees Ethics Act, and (9) any gifts or contributions given to non-profit organizations established with the purpose of affecting a particular school district or its students. Provides that if the affidavit contains false or incomplete information, the school district does not have to consider the bid. Effective immediately.
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A BILL FOR
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HB3829 |
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LRB094 08061 NHT 38245 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 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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HB3829 |
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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. For competitive bids | 32 |
| for service contracts involving an expenditure in excess of | 33 |
| $10,000, the bidder must disclose, before the public bid | 34 |
| opening, in an affidavit that becomes part of the bid, (1) any | 35 |
| charges filed against the bidder within the past 10 years | 36 |
| pursuant to the National Labor Relations Act, the Civil Rights |
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HB3829 |
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| Act of 1964, or the Illinois Human Rights Act, the disposition | 2 |
| of those charges, and the current work status of the employees | 3 |
| who filed the charges; (2) any charges filed against the bidder | 4 |
| within the past 10 years related to bid-rigging or bid | 5 |
| manipulation under the Criminal Code of 1961; (3) any legal | 6 |
| claims pending against the bidder; (4) all workplace injuries | 7 |
| reported by employees within the past year and the current work | 8 |
| status of the employees who reported being injured; (5) all | 9 |
| employee turnover; (6) any units of government that have barred | 10 |
| the bidder or its affiliates from future bidding; (7) any | 11 |
| contributions given to the political campaigns of school board | 12 |
| members or any political action committee created for the | 13 |
| purpose of affecting policies related to a particular school | 14 |
| district or its students; (8) any gifts given to a prohibited | 15 |
| recipient under the State Officials and Employees Ethics Act, | 16 |
| the amount of the gift, and the name of the recipient; and (9) | 17 |
| any gifts or contributions given to non-profit organizations | 18 |
| established for the purpose of affecting a particular school | 19 |
| district or its students, such as a non-profit foundation or a | 20 |
| booster club. If the affidavit contains false or incomplete | 21 |
| information, the school district does not have to consider the | 22 |
| bid. If the school district chooses not to consider the bid, | 23 |
| the school district shall document this fact and make it | 24 |
| available for public inspection. State master contracts and | 25 |
| certified education purchasing contracts, as defined in | 26 |
| Article 28A of this Code, are not subject to the requirements | 27 |
| of this paragraph.
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| (b) To require, as a condition of any contract for goods | 29 |
| and services,
that persons
bidding for and awarded a contract | 30 |
| and all affiliates of the person collect and
remit
Illinois Use | 31 |
| Tax on all sales of tangible personal property into the State | 32 |
| of
Illinois in
accordance with the provisions of the Illinois | 33 |
| Use Tax Act regardless of whether
the
person or affiliate is a | 34 |
| "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 | 36 |
| Section, the term
"affiliate"
means any entity that (1) |
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| directly, indirectly, or constructively controls
another | 2 |
| entity, (2)
is directly, indirectly, or constructively | 3 |
| controlled by another entity, or (3)
is subject to
the control | 4 |
| of a common entity. For purposes of this subsection (b), an | 5 |
| entity
controls
another entity if it owns, directly or | 6 |
| individually, more than 10% of the
voting
securities
of that | 7 |
| entity. As used in this subsection (b), the term "voting | 8 |
| security"
means a security
that (1) confers upon the holder the | 9 |
| right to vote for the election of members
of the board
of | 10 |
| directors or similar governing body of the business or (2) is | 11 |
| convertible
into, or entitles
the holder to receive upon its | 12 |
| 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 | 15 |
| by the bidder
or
contractor that the bidder or contractor is | 16 |
| not barred from bidding for or
entering into a
contract under | 17 |
| this Section and that the bidder or contractor acknowledges | 18 |
| that
the school
board may declare the contract void if the | 19 |
| certification completed pursuant to
this
subsection (b) is | 20 |
| false.
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| (c) If the State education purchasing entity creates a | 22 |
| master contract as defined in Article 28A of this Code, then | 23 |
| the State education purchasing entity shall notify school | 24 |
| districts of the existence of the master contract. | 25 |
| (d) In purchasing supplies, materials, equipment, or | 26 |
| services that are not subject to subsection (c) of this | 27 |
| Section, before a school district solicits bids or awards a | 28 |
| contract, the district may review and consider as a bid under | 29 |
| subsection (a) of this Section certified education purchasing | 30 |
| contracts that are already available through the State | 31 |
| education purchasing entity. | 32 |
| (Source: P.A. 93-25, eff. 6-20-03; 93-1036, eff. 9-14-04.)
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| Section 99. Effective date. This Act takes effect upon | 34 |
| becoming law.
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