96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3775


 
Introduced 2/25/2009, by Rep. Edward J. Acevedo
 
SYNOPSIS AS INTRODUCED:









  



105 ILCS 5/10-20.21
 from Ch. 122, par. 10-20.21







 Amends the School Code. Adds contracts providing for the transportation of pupils with special needs or disabilities to the list of exceptions to the requirement that certain contracts be awarded to the lowest responsible bidder. Provides that these contracts must be advertised in the same manner as competitive bids and awarded by first considering the bidder or bidders most able to provide safety and comfort for the pupils with special needs or disabilities, stability of service, and any other factors set forth in the request for proposal regarding quality of service, and then price. 
















LRB096 10469 NHT 20641 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB3775

LRB096 10469 NHT 20641 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
$25,000 or a lower amount as required by board policy
to the 
12
lowest responsible bidder, considering conformity with

13
specifications, terms of delivery, quality and serviceability, 
14
after due
advertisement, except the following: (i) contracts 
15
for the services of
individuals possessing a high degree of 
16
professional skill where the
ability or fitness of the 
17
individual plays an important part; (ii)
contracts for the 
18
printing of finance committee reports and departmental

19
reports; (iii) contracts for the printing or engraving of 
20
bonds, tax
warrants and other evidences of indebtedness; (iv) 
21
contracts for the
purchase of perishable foods and perishable 
22
beverages; (v) contracts for
materials and work which have been 
23
awarded to the lowest responsible bidder
after due 
 


 






HB3775
- 2 -
LRB096 10469 NHT 20641 b





1
advertisement, but due to unforeseen revisions, not the fault 
2
of
the contractor for materials and work, must be revised 
3
causing expenditures
not in excess of 10% of the contract 
4
price; (vi)
contracts for the maintenance or servicing of, or 
5
provision of
repair parts for, equipment which are made with 
6
the manufacturer or
authorized service agent of that equipment 
7
where the provision of parts,
maintenance, or servicing can 
8
best be performed by the manufacturer or
authorized service 
9
agent; (vii) purchases and contracts for the use,
purchase, 
10
delivery, movement, or installation of data processing 
11
equipment,
software, or services and telecommunications and 
12
interconnect
equipment, software, and services; (viii) 
13
contracts for duplicating
machines and supplies; (ix) 
14
contracts for the purchase of natural gas when
the cost is less 
15
than that offered by a public utility; (x) purchases of

16
equipment previously owned by some entity other than the 
17
district
itself; (xi) contracts for repair, maintenance, 
18
remodeling, renovation, or
construction, or a single project 
19
involving an expenditure not to exceed
$50,000 and not 
20
involving a change or increase in the size, type, or extent
of 
21
an existing facility; (xii) contracts for goods or services 
22
procured
from another governmental agency; (xiii) contracts 
23
for goods or services
which are economically procurable from 
24
only one source, such as for the
purchase of magazines, books, 
25
periodicals, pamphlets and reports, and for
utility services 
26
such as water, light, heat, telephone or telegraph;
(xiv) where 
 


 






HB3775
- 3 -
LRB096 10469 NHT 20641 b





1
funds are expended in an emergency and such emergency

2
expenditure is approved by 3/4 of the members of the board; and 
3
(xv) State master contracts authorized under Article 28A of 
4
this Code; and (xvi) contracts providing for the transportation 
5
of pupils with special needs or disabilities, which contracts 
6
must be advertised in the same manner as competitive bids and 
7
awarded by first considering the bidder or bidders most able to 
8
provide safety and comfort for the pupils with special needs or 
9
disabilities, stability of service, and any other factors set 
10
forth in the request for proposal regarding quality of service, 
11
and then price.
12
 All competitive
bids for contracts involving an 
13
expenditure in excess of $25,000 or a lower amount as required 
14
by board policy must be
sealed by the bidder and must be opened 
15
by a member or employee of the
school board at a public bid 
16
opening at which the contents of the bids
must be announced. 
17
Each bidder must receive at least 3 days' notice of the
time 
18
and place of the bid opening. For purposes of this Section due

19
advertisement includes, but is not limited to, at least one 
20
public notice
at least 10 days before the bid date in a 
21
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.


 


 






HB3775
- 4 -
LRB096 10469 NHT 20641 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 
 


 






HB3775
- 5 -
LRB096 10469 NHT 20641 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 
 


 






HB3775
- 6 -
LRB096 10469 NHT 20641 b





1
contracts that are already available through the State 
2
education purchasing entity.
3
(Source: P.A. 94-714, eff. 7-1-06; 95-990, eff. 10-3-08.)