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| Public Act 094-0714 |
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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 | ||||
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, | ||||
materials or work or contracts with private carriers
for | ||||
transportation of pupils involving an expenditure in excess of | ||||
$10,000
to the lowest responsible bidder, considering | ||||
conformity with
specifications, terms of delivery, quality and | ||||
serviceability, after due
advertisement, except the following: | ||||
(i) contracts for the services of
individuals possessing a high | ||||
degree of professional skill where the
ability or fitness of | ||||
the individual plays an important part; (ii)
contracts for the | ||||
printing of finance committee reports and departmental
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reports; (iii) contracts for the printing or engraving of | ||||
bonds, tax
warrants and other evidences of indebtedness; (iv) | ||||
contracts for the
purchase of perishable foods and perishable | ||||
beverages; (v) contracts for
materials and work which have been | ||||
awarded to the lowest responsible bidder
after due | ||||
advertisement, but due to unforeseen revisions, not the fault | ||||
of
the contractor for materials and work, must be revised | ||||
causing expenditures
not in excess of 10% of the contract | ||||
price; (vi)
contracts for the maintenance or servicing of, or | ||||
provision of
repair parts for, equipment which are made with | ||||
the manufacturer or
authorized service agent of that equipment | ||||
where the provision of parts,
maintenance, or servicing can | ||||
best be performed by the manufacturer or
authorized service | ||||
agent; (vii) purchases and contracts for the use,
purchase, | ||||
delivery, movement, or installation of data processing | ||||
equipment,
software, or services and telecommunications and | ||
interconnect
equipment, software, and services; (viii) | ||
contracts for duplicating
machines and supplies; (ix) | ||
contracts for the purchase of natural gas when
the cost is less | ||
than that offered by a public utility; (x) purchases of
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equipment previously owned by some entity other than the | ||
district
itself; (xi) contracts for repair, maintenance, | ||
remodeling, renovation, or
construction, or a single project | ||
involving an expenditure not to exceed
$20,000 and not | ||
involving a change or increase in the size, type, or extent
of | ||
an existing facility; (xii) contracts for goods or services | ||
procured
from another governmental agency; (xiii) contracts | ||
for goods or services
which are economically procurable from | ||
only one source, such as for the
purchase of magazines, books, | ||
periodicals, pamphlets and reports, and for
utility services | ||
such as water, light, heat, telephone or telegraph;
(xiv) where | ||
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 | ||
(xv) State master contracts authorized under Article 28A of | ||
this Code. | ||
All competitive
bids for contracts involving an | ||
expenditure in excess of $10,000 must be
sealed by the bidder | ||
and must be opened by a member or employee of the
school board | ||
at a public bid opening at which the contents of the bids
must | ||
be announced. Each bidder must receive at least 3 days' notice | ||
of the
time and place of the bid opening. For purposes of this | ||
Section due
advertisement includes, but is not limited to, at | ||
least one public notice
at least 10 days before the bid date in | ||
a newspaper published in the
district, or if no newspaper is | ||
published in the district, in a newspaper
of general | ||
circulation in the area of the district. State master contracts | ||
and certified education purchasing contracts, as defined in | ||
Article 28A of this Code, are not subject to the requirements | ||
of this paragraph.
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(b) To require, as a condition of any contract for goods | ||
and services,
that persons
bidding for and awarded a contract | ||
and all affiliates of the person collect and
remit
Illinois Use | ||
Tax on all sales of tangible personal property into the State | ||
of
Illinois in
accordance with the provisions of the Illinois | ||
Use Tax Act regardless of whether
the
person or affiliate is a | ||
"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 | ||
Section, the term
"affiliate"
means any entity that (1) | ||
directly, indirectly, or constructively controls
another | ||
entity, (2)
is directly, indirectly, or constructively | ||
controlled by another entity, or (3)
is subject to
the control | ||
of a common entity. For purposes of this subsection (b), an | ||
entity
controls
another entity if it owns, directly or | ||
individually, more than 10% of the
voting
securities
of that | ||
entity. As used in this subsection (b), the term "voting | ||
security"
means a security
that (1) confers upon the holder the | ||
right to vote for the election of members
of the board
of | ||
directors or similar governing body of the business or (2) is | ||
convertible
into, or entitles
the holder to receive upon its | ||
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 | ||
by the bidder
or
contractor that the bidder or contractor is | ||
not barred from bidding for or
entering into a
contract under | ||
this Section and that the bidder or contractor acknowledges | ||
that
the school
board may declare the contract void if the | ||
certification completed pursuant to
this
subsection (b) is | ||
false.
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(b-5) To require all contracts and agreements that pertain | ||
to goods and services and that are intended to generate | ||
additional revenue and other remunerations for the school | ||
district in excess of $1,000, including without limitation | ||
vending machine contracts, sports and other attire, class | ||
rings, and photographic services, to be approved by the school | ||
board. The school board shall file as an attachment to its | ||
annual budget a report, in a form as determined by the State | ||
Board of Education, indicating for the prior year the name of | ||
the vendor, the product or service provided, and the actual net | ||
revenue and non-monetary remuneration from each of the | ||
contracts or agreements. In addition, the report shall indicate | ||
for what purpose the revenue was used and how and to whom the | ||
non-monetary remuneration was distributed.
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(c) If the State education purchasing entity creates a | ||
master contract as defined in Article 28A of this Code, then | ||
the State education purchasing entity shall notify school | ||
districts of the existence of the master contract. | ||
(d) In purchasing supplies, materials, equipment, or | ||
services that are not subject to subsection (c) of this | ||
Section, before a school district solicits bids or awards a | ||
contract, the district may review and consider as a bid under | ||
subsection (a) of this Section certified education purchasing | ||
contracts that are already available through the State | ||
education purchasing entity. | ||
(Source: P.A. 93-25, eff. 6-20-03; 93-1036, eff. 9-14-04.)
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Section 90. The State Mandates Act is amended by adding | ||
Section 8.29 as
follows:
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(30 ILCS 805/8.29 new)
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Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this
Act, no reimbursement by the State is required for the | ||
implementation of
any mandate created by this amendatory Act of | ||
the 94th General Assembly.
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Section 99. Effective date. This Act takes effect July 1, | ||
2006.
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