Sen. Laura M. Murphy

Filed: 5/21/2020

 

 


 

 


 
10100HB2096sam002LRB101 04912 AWJ 72244 a

1
AMENDMENT TO HOUSE BILL 2096

2    AMENDMENT NO. ______. Amend House Bill 2096 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Township Code is amended by changing
5Sections 30-5 and 30-10 as follows:
 
6    (60 ILCS 1/30-5)
7    Sec. 30-5. Annual township meeting.
8    (a) The annual township meeting in the respective townships
9for the transaction of the business of the township shall be
10held on the second Tuesday of April in each year, after 6 p.m.,
11at the place appointed for those meetings. Elections for
12township officers shall be held in accordance with the
13consolidated schedule of elections prescribed by the general
14election law.
15    (b) Whenever the date designated in subsection (a)
16conflicts with the celebration of Passover, the township board

 

 

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1may postpone the annual township meeting to the first Tuesday
2following the last day of Passover.
3    (c) Whenever the consolidated election provided for in
4subsection (b) of Section 2A-1.1 of the Election Code is
5rescheduled to the second Tuesday in April under Section
62A-1.1a of the Election Code, the annual township meeting shall
7be held on the third Tuesday in April at the time designated by
8the electors or the township board, whichever is appropriate.
9    (d) If the Governor declares a disaster under Section 7 of
10the Illinois Emergency Management Agency Act and the disaster
11declaration is effective during the dates designated for a
12township's annual meeting under subsection (a), (b), or (c), a
13township board may postpone the annual meeting if circumstances
14related to the disaster declaration prevent a township from
15holding its annual meeting. An annual township meeting
16postponed under this subsection shall be held on the third
17Tuesday, after 6 p.m., of the month following the expiration of
18the disaster declaration. If a subsequent disaster is declared
19under Section 7 of the Illinois Emergency Management Agency Act
20prior to or one day after the expiration of the disaster
21declaration upon which the township board based its decision to
22postpone the annual meeting and the township board intends to
23proceed with the annual meeting during this subsequent disaster
24declaration, the township board must consult with and receive
25written approval from the county health department in order to
26proceed with the annual meeting during the course of the

 

 

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1subsequent disaster declaration.
2(Source: P.A. 88-62; incorporates 88-360; 88-670, eff.
312-2-94.)
 
4    (60 ILCS 1/30-10)
5    Sec. 30-10. Notice of meeting; agenda.
6    (a) Notice of the time and place of holding the annual and
7any special township meetings shall be given by the township
8clerk (or, in the clerk's absence, the supervisor, assessor, or
9collector) by posting written or printed notices in 3 of the
10most public places in the township at least 15 days before the
11meeting and, if there is an English language newspaper
12published in the township, by at least one publication in that
13newspaper before the meeting. The notice shall set forth the
14agenda for the meeting.
15    (b) Agenda. Not less than 15 days before the annual
16meeting, the township board shall adopt an agenda for the
17annual meeting. Any 15 or more registered voters in the
18township may request an agenda item for consideration by the
19electors at the annual meeting by giving written notice of a
20specific request to the township clerk no later than March 1
21prior to the annual meeting. The agenda published by the
22township board shall include any such request made by voters if
23the request is relevant to powers granted to electors under the
24Township Code.
25    (c) Additional agenda items. Any matter or proposal not set

 

 

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1forth in the published agenda shall not be considered at the
2annual meeting other than advising that the matter may be
3considered at a special meeting of the electors at a later
4date.
5    (d) Notice and agenda requirements for an annual township
6meeting that has been postponed under subsection (d) of Section
730-5 shall be the same as provided in this Section.
8(Source: P.A. 98-653, eff. 6-18-14.)
 
9    Section 10. The Illinois Municipal Code is amended by
10changing Sections 8-2-9 and 8-2-9.4 as follows:
 
11    (65 ILCS 5/8-2-9)  (from Ch. 24, par. 8-2-9)
12    Sec. 8-2-9. In municipalities with less than 500,000
13inhabitants, except as otherwise provided in this Section, the
14corporate authorities shall pass an ordinance within the first
15quarter of each fiscal year, to be termed the annual
16appropriation ordinance. On and after January 1, 2020, if a
17disaster, state of emergency, or national emergency is declared
18within the 60 days preceding the end of the first quarter of a
19municipality's fiscal year and the disaster, emergency, or
20declaration impacts the municipality, the time limit to pass
21the annual appropriation ordinance shall be extended for the
22duration of the disaster or emergency and for 60 days
23thereafter. During the extended period, the municipality may
24expend sums of money up to amounts budgeted or appropriated for

 

 

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1those objects and purposes in the previous fiscal year to
2defray all necessary expenses and liabilities of the
3municipality. In this ordinance, the corporate authorities (i)
4may appropriate sums of money deemed necessary to defray all
5necessary expenses and liabilities of the municipalities,
6including the amounts to be deposited in the reserves provided
7for in the Illinois Pension Code and (ii) shall specify the
8objects and purposes for which these appropriations are made
9and the amount appropriated for each object or purpose. Among
10the objects and purposes specified shall be the reserves
11provided for in the Illinois Pension Code. Except as otherwise
12provided, no further appropriations shall be made at any other
13time within the same fiscal year, unless a proposition to make
14each additional appropriation has been first sanctioned by a
15petition signed by electors of the municipality numbering more
16than 50% of the number of votes cast for the candidates for
17mayor or president at the last preceding general municipal
18election at which a mayor or president was elected, by a
19petition signed by them, or by a majority of those voting on
20the question at a regular election or at an emergency
21referendum authorized in accordance with the general election
22law. The corporate authorities may by ordinance initiate the
23submission of the proposition. During any fiscal year, the
24corporate authorities in municipalities subject to this
25Section may adopt a supplemental appropriation ordinance in an
26amount not in excess of the aggregate of any additional revenue

 

 

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1available to the municipality, or estimated to be received by
2the municipality after the adoption of the annual appropriation
3ordinance for that fiscal year, or from fund balances available
4when the annual appropriation ordinance was adopted but that
5were not appropriated at that time. The provisions of this
6Section prohibiting further appropriations without sanction by
7petition or election shall not be applicable to the
8supplemental appropriation for that fiscal year. The corporate
9authorities at any time, however, by a two-thirds vote of all
10the members of the body, may make transfers within any
11department or other separate agency of the municipal government
12of sums of money appropriated for one corporate object or
13purpose to another corporate object or purpose, but no
14appropriation for any object or purpose shall thereby be
15reduced below an amount sufficient to cover all obligations
16incurred or to be incurred against the appropriation. Nothing
17in this Section shall deprive the corporate authorities of the
18power to provide for and cause to be paid from the funds of the
19municipality any charge imposed by law without the action of
20the corporate authorities, the payment of which is ordered by a
21court of competent jurisdiction.
22    At least 10 days before the adoption of the annual
23appropriation ordinance, the corporate authorities of
24municipalities over 2,000 in population shall make the proposed
25appropriation ordinance or a formally prepared appropriation
26or budget document upon which the annual appropriation

 

 

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1ordinance will be based conveniently available to public
2inspection. In addition, the corporate authorities shall hold
3at least one public hearing on that proposed appropriation
4ordinance. Notice of this hearing shall be given publication in
5one or more newspapers published in the municipality or, if
6there is none published in the municipality, in a newspaper
7published in the county and having general circulation in the
8municipality at least 10 days before the time of the public
9hearing. The notice shall state the time and place of the
10hearing and the place where copies of the proposed
11appropriation ordinance or formally prepared appropriation or
12budget document will be accessible for examination. The annual
13appropriation ordinance may be adopted at the same meeting at
14which the public hearing is held or at any time after that
15public hearing.
16    After the public hearing and before final action is taken
17on the appropriation ordinance, the corporate authorities may
18revise, alter, increase, or decrease the items contained in the
19ordinance.
20    Notwithstanding any above provision of this Section, any
21municipality in which Article 5 becomes effective after the
22annual appropriation ordinance has been passed for the current
23fiscal year may amend the appropriation ordinance in any manner
24necessary to make Article 5 fully operative in that
25municipality for that fiscal year. No amendment shall be
26construed, however, to affect any tax levy made on the basis of

 

 

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1the original appropriation ordinance.
2    This Section does not apply to municipalities operating
3under special charters.
4(Source: P.A. 86-1470; 87-365.)
 
5    (65 ILCS 5/8-2-9.4)  (from Ch. 24, par. 8-2-9.4)
6    Sec. 8-2-9.4. Passage of the annual budget by the corporate
7authorities shall be in lieu of passage of the appropriation
8ordinance as required by Section 8-2-9 of this Act. The annual
9budget need not be published except in a manner provided for in
10Section 8-2-9.9. Except as otherwise provided in this Section,
11the The annual budget shall be adopted by the corporate
12authorities before the beginning of the fiscal year to which it
13applies. On and after January 1, 2020, if a disaster, state of
14emergency, or national emergency is declared within 60 days of
15the end of a municipality's fiscal year and the disaster,
16emergency, or declaration impacts the municipality, the time
17limit to pass the annual budget shall be extended for the
18duration of the disaster or emergency and for 60 days
19thereafter. During the extended period, the municipality may
20expend sums of money up to amounts budgeted or appropriated for
21those objects and purposes in the previous fiscal year to
22defray all necessary expenses and liabilities of the
23municipality.
24(Source: P.A. 76-1117.)
 

 

 

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1    Section 15. Sections 20 and 25 of this Act may be referred
2to as the Cards for Kids Act.
 
3    Section 20. The Illinois Local Library Act is amended by
4changing Section 4-7 as follows:
 
5    (75 ILCS 5/4-7)  (from Ch. 81, par. 4-7)
6    Sec. 4-7. Each board of library trustees of a city,
7incorporated town, village or township shall carry out the
8spirit and intent of this Act in establishing, supporting and
9maintaining a public library or libraries for providing library
10service and, in addition to but without limiting other powers
11conferred by this Act, shall have the following powers:
12        1. To make and adopt such bylaws, rules and
13    regulations, for their own guidance and for the government
14    of the library as may be expedient, not inconsistent with
15    this Act;
16        2. To have the exclusive control of the expenditure of
17    all moneys collected for the library and deposited to the
18    credit of the library fund;
19        3. To have the exclusive control of the construction of
20    any library building and of the supervision, care and
21    custody of the grounds, rooms or buildings constructed,
22    leased or set apart for that purpose;
23        4. To purchase or lease real or personal property, and
24    to construct an appropriate building or buildings for the

 

 

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1    use of a library established hereunder, using, at the
2    board's option, contracts providing for all or part of the
3    consideration to be paid through installments at stated
4    intervals during a certain period not to exceed 20 years
5    with interest on the unpaid balance at any lawful rate for
6    municipal corporations in this State, except that
7    contracts for installment purchases of real estate shall
8    provide for not more than 75% of the total consideration to
9    be repaid by installments, and to refund at any time any
10    installment contract entered into pursuant to this
11    paragraph by means of a refunding loan agreement, which may
12    provide for installment payments of principal and interest
13    to be made at stated intervals during a certain period not
14    to exceed 20 years from the date of such refunding loan
15    agreement, with interest on the unpaid principal balance at
16    any lawful rate for municipal corporations in this State,
17    except that no installment contract or refunding loan
18    agreement for the same property or construction project may
19    exceed an aggregate of 20 years;
20        5. To remodel or reconstruct a building erected or
21    purchased by the board, when such building is not adapted
22    to its purposes or needs;
23        6. To sell or otherwise dispose of any real or personal
24    property that it deems no longer necessary or useful for
25    library purposes, and to lease to others any real property
26    not immediately useful but for which plans for ultimate use

 

 

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1    have been or will be adopted but the corporate authorities
2    shall have the first right to purchase or lease except that
3    in the case of the City of Chicago, this power shall be
4    governed and limited by the Chicago Public Library Act;
5        7. To appoint and to fix the compensation of a
6    qualified librarian, who shall have the authority to hire
7    such other employees as may be necessary, to fix their
8    compensation, and to remove such appointees, subject to the
9    approval of the board, but these powers are subject to
10    Division 1 of Article 10 of the Illinois Municipal Code in
11    municipalities in which that Division is in force. The
12    board may also retain counsel and professional consultants
13    as needed;
14        8. To contract with any public or private corporation
15    or entity for the purpose of providing or receiving library
16    service or of performing any and all other acts necessary
17    and proper to carry out the responsibilities, the spirit,
18    and the provisions of this Act. This contractual power
19    includes, but is not limited to, participating in
20    interstate library compacts and library systems,
21    contracting to supply library services, and expending of
22    any federal or State funds made available to any county,
23    municipality, township or to the State of Illinois for
24    library purposes. However, if a contract is for the supply
25    of library services for residents without a public library
26    established under the provisions of this Act, the terms of

 

 

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1    that contract will recognize the principle of equity or
2    cost of services to non-residents expressed in this Section
3    of this Act, and will provide for the assumption by the
4    contracting party receiving the services of financial
5    responsibility for the loss of or damage to any library
6    materials provided to non-residents under the contract;
7        9. To join with the board or boards of any one or more
8    libraries in this State in maintaining libraries, or for
9    the maintenance of a common library or common library
10    services for participants, upon such terms as may be agreed
11    upon by and between the boards;
12        10. To enter into contracts and to take title to any
13    property acquired by it for library purposes by the name
14    and style of "The Board of Library Trustees of the (city,
15    village, incorporated town or township) of ...." and by
16    that name to sue and be sued;
17        11. To exclude from the use of the library any person
18    who wilfully violates the rules prescribed by the board;
19        12. To extend the privileges and use of the library,
20    including the borrowing of materials on an individual basis
21    by persons residing outside of the city, incorporated town,
22    village or township. If the board exercises this power, the
23    privilege of library use shall be upon such terms and
24    conditions as the board shall from time to time by its
25    regulations prescribe, and for such privileges and use, the
26    board shall charge a nonresident fee at least equal to the

 

 

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1    cost paid by residents of the city, incorporated town,
2    village or township, with the cost to be determined
3    according to the formula established by the Illinois State
4    Library. A person residing outside of a public library
5    service area must apply for a non-resident library card at
6    the public library located closest to the person's
7    principal residence. The nonresident cards shall allow for
8    borrowing privileges at all participating public libraries
9    in the regional library system. The nonresident fee shall
10    not apply to: privilege and use provided under the terms of
11    the library's membership in a library system operating
12    under the provisions of the Illinois Library System Act,
13    under the terms of any reciprocal agreement with a public
14    or private corporation or entity providing a library
15    service; , or to a nonresident who as an individual or as a
16    partner, principal stockholder, or other joint owner owns
17    or leases property that is taxed for library service or is
18    a senior administrative officer of a firm, business, or
19    other corporation owning taxable property within the city,
20    incorporated town, village or township upon the
21    presentation of the most recent tax bill upon that taxable
22    property or a copy of the commercial lease of that taxable
23    property; or to a nonresident in an unincorporated area in
24    Illinois who is a student whose household falls at or below
25    the U.S. Department of Agriculture's Income Eligibility
26    Guidelines . Nothing in this item 12 requires any public

 

 

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1    library to participate in the non-resident card reciprocal
2    borrowing program of a regional library system as provided
3    for in this Section;
4        13. To exercise the power of eminent domain subject to
5    the prior approval of the corporate authorities under
6    Sections 5-1 and 5-2 of this Act;
7        14. To join the public library as a member and to join
8    the library trustees as members in the Illinois Library
9    Association and the American Library Association,
10    non-profit, non-political, 501(c)(3) associations, as
11    designated by the federal Internal Revenue Service, having
12    the purpose of library development and librarianship; to
13    provide for the payment of annual membership dues, fees and
14    assessments and act by, through and in the name of such
15    instrumentality by providing and disseminating information
16    and research services, employing personnel and doing any
17    and all other acts for the purpose of improving library
18    development;
19        15. To invest funds pursuant to the Public Funds
20    Investment Act; and
21        16. To accumulate and set apart as reserve funds
22    portions of the unexpended balances of the proceeds
23    received annually from taxes or other sources, for the
24    purpose of providing self-insurance against liabilities
25    relating to the public library.
26(Source: P.A. 100-875, eff. 8-14-18.)
 

 

 

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1    Section 25. The Public Library District Act of 1991 is
2amended by changing Section 30-55.60 as follows:
 
3    (75 ILCS 16/30-55.60)
4    Sec. 30-55.60. Use of library by nonresidents. The board
5may extend the privileges and use of the library, including the
6borrowing of materials on an individual basis by persons
7residing outside the district. If the board exercises this
8power, the privilege of library use shall be upon terms and
9conditions prescribed by the board in its regulations. The
10board shall charge a nonresident fee for the privileges and use
11of the library at least equal to the cost paid by residents of
12the district, with the cost to be determined according to the
13formula established by the Illinois State Library. A person
14residing outside of a public library service area must apply
15for a non-resident library card at the public library closest
16to the person's principal residence. The nonresident cards
17shall allow for borrowing privileges at all participating
18public libraries in the regional library system. The
19nonresident fee shall not apply to any of the following:
20        (1) Privileges and use provided (i) under the terms of
21    the district's membership in a library system operating
22    under the provisions of the Illinois Library System Act or
23    (ii) under the terms of any reciprocal agreement with a
24    public or private corporation or entity providing a library

 

 

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1    service.
2        (2) Residents of an area in which the library is
3    conducting a program for the purpose of encouraging the
4    inclusion of the area in the library district.
5        (3) A nonresident who, as an individual or as a
6    partner, principal stockholder, or other joint owner, owns
7    or leases property that is taxed for library service or is
8    a senior administrative officer of a firm, business, or
9    other corporation owning taxable property within the
10    district, upon presentation of the most recent tax bill
11    upon that taxable property or a copy of the commercial
12    lease of that taxable property.
13        (4) A nonresident in an unincorporated area in Illinois
14    who is a student whose household falls at or below the U.S.
15    Department of Agriculture's Income Eligibility Guidelines.
16    Nothing in this Section requires any public library to
17participate in the non-resident card reciprocal borrowing
18program of a regional library system as provided for in this
19Section.
20(Source: P.A. 100-875, eff. 8-14-18.)
 
21    Section 30. The School Code is amended by changing Section
2210-20.21 as follows:
 
23    (105 ILCS 5/10-20.21)
24    Sec. 10-20.21. Contracts.

 

 

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1    (a) To award all contracts for purchase of supplies and
2materials or work involving an expenditure in excess of $25,000
3or a lower amount as required by board policy to the lowest
4responsible bidder, considering conformity with
5specifications, terms of delivery, quality and serviceability,
6after due advertisement, except the following: (i) contracts
7for the services of individuals possessing a high degree of
8professional skill where the ability or fitness of the
9individual plays an important part; (ii) contracts for the
10printing of finance committee reports and departmental
11reports; (iii) contracts for the printing or engraving of
12bonds, tax warrants and other evidences of indebtedness; (iv)
13contracts for the purchase of perishable foods and perishable
14beverages; (v) contracts for materials and work which have been
15awarded to the lowest responsible bidder after due
16advertisement, but due to unforeseen revisions, not the fault
17of the contractor for materials and work, must be revised
18causing expenditures not in excess of 10% of the contract
19price; (vi) contracts for the maintenance or servicing of, or
20provision of repair parts for, equipment which are made with
21the manufacturer or authorized service agent of that equipment
22where the provision of parts, maintenance, or servicing can
23best be performed by the manufacturer or authorized service
24agent; (vii) purchases and contracts for the use, purchase,
25delivery, movement, or installation of data processing
26equipment, software, or services and telecommunications and

 

 

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1interconnect equipment, software, and services; (viii)
2contracts for duplicating machines and supplies; (ix)
3contracts for the purchase of fuel, including diesel, gasoline,
4oil, aviation, natural gas, or propane, lubricants, or other
5petroleum products; (x) purchases of equipment previously
6owned by some entity other than the district itself; (xi)
7contracts for repair, maintenance, remodeling, renovation, or
8construction, or a single project involving an expenditure not
9to exceed $50,000 and not involving a change or increase in the
10size, type, or extent of an existing facility; (xii) contracts
11for goods or services procured from another governmental
12agency; (xiii) contracts for goods or services which are
13economically procurable from only one source, such as for the
14purchase of magazines, books, periodicals, pamphlets and
15reports, and for utility services such as water, light, heat,
16telephone or telegraph; (xiv) where funds are expended in an
17emergency and such emergency expenditure is approved by 3/4 of
18the members of the board; (xv) State master contracts
19authorized under Article 28A of this Code; and (xvi) contracts
20providing for the transportation of pupils, which contracts
21must be advertised in the same manner as competitive bids and
22awarded by first considering the bidder or bidders most able to
23provide safety and comfort for the pupils, stability of
24service, and any other factors set forth in the request for
25proposal regarding quality of service, and then price. However,
26at no time shall a cause of action lie against a school board

 

 

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1for awarding a pupil transportation contract per the standards
2set forth in this subsection (a) unless the cause of action is
3based on fraudulent conduct.
4    All competitive bids for contracts involving an
5expenditure in excess of $25,000 or a lower amount as required
6by board policy must be sealed by the bidder and must be opened
7by a member or employee of the school board at a public bid
8opening at which the contents of the bids must be announced.
9Each bidder must receive at least 3 days' notice of the time
10and place of the bid opening. For purposes of this Section due
11advertisement includes, but is not limited to, at least one
12public notice at least 10 days before the bid date in a
13newspaper published in the district, or if no newspaper is
14published in the district, in a newspaper of general
15circulation in the area of the district. State master contracts
16and certified education purchasing contracts, as defined in
17Article 28A of this Code, are not subject to the requirements
18of this paragraph.
19    Under this Section, the acceptance of bids sealed by a
20bidder and the opening of these bids at a public bid opening
21may be permitted by an electronic process for communicating,
22accepting, and opening competitive bids. However, bids for
23construction purposes are prohibited from being communicated,
24accepted, or opened electronically. An electronic bidding
25process must provide for, but is not limited to, the following
26safeguards:

 

 

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1        (1) On the date and time certain of a bid opening, the
2    primary person conducting the competitive, sealed,
3    electronic bid process shall log onto a specified database
4    using a unique username and password previously assigned to
5    the bidder to allow access to the bidder's specific bid
6    project number.
7        (2) The specified electronic database must be on a
8    network that (i) is in a secure environment behind a
9    firewall; (ii) has specific encryption tools; (iii)
10    maintains specific intrusion detection systems; (iv) has
11    redundant systems architecture with data storage back-up,
12    whether by compact disc or tape; and (v) maintains a
13    disaster recovery plan.
14It is the legislative intent of Public Act 96-841 to maintain
15the integrity of the sealed bidding process provided for in
16this Section, to further limit any possibility of bid-rigging,
17to reduce administrative costs to school districts, and to
18effect efficiencies in communications with bidders.
19    (b) To require, as a condition of any contract for goods
20and services, that persons bidding for and awarded a contract
21and all affiliates of the person collect and remit Illinois Use
22Tax on all sales of tangible personal property into the State
23of Illinois in accordance with the provisions of the Illinois
24Use Tax Act regardless of whether the person or affiliate is a
25"retailer maintaining a place of business within this State" as
26defined in Section 2 of the Use Tax Act. For purposes of this

 

 

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1Section, the term "affiliate" means any entity that (1)
2directly, indirectly, or constructively controls another
3entity, (2) is directly, indirectly, or constructively
4controlled by another entity, or (3) is subject to the control
5of a common entity. For purposes of this subsection (b), an
6entity controls another entity if it owns, directly or
7individually, more than 10% of the voting securities of that
8entity. As used in this subsection (b), the term "voting
9security" means a security that (1) confers upon the holder the
10right to vote for the election of members of the board of
11directors or similar governing body of the business or (2) is
12convertible into, or entitles the holder to receive upon its
13exercise, a security that confers such a right to vote. A
14general partnership interest is a voting security.
15    To require that bids and contracts include a certification
16by the bidder or contractor that the bidder or contractor is
17not barred from bidding for or entering into a contract under
18this Section and that the bidder or contractor acknowledges
19that the school board may declare the contract void if the
20certification completed pursuant to this subsection (b) is
21false.
22    (b-5) To require all contracts and agreements that pertain
23to goods and services and that are intended to generate
24additional revenue and other remunerations for the school
25district in excess of $1,000, including without limitation
26vending machine contracts, sports and other attire, class

 

 

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1rings, and photographic services, to be approved by the school
2board. The school board shall file as an attachment to its
3annual budget a report, in a form as determined by the State
4Board of Education, indicating for the prior year the name of
5the vendor, the product or service provided, and the actual net
6revenue and non-monetary remuneration from each of the
7contracts or agreements. In addition, the report shall indicate
8for what purpose the revenue was used and how and to whom the
9non-monetary remuneration was distributed.
10    (b-10) To prohibit any contract to purchase food with a
11bidder or offeror if the bidder's or offeror's contract terms
12prohibit the school from donating food to food banks,
13including, but not limited to, homeless shelters, food
14pantries, and soup kitchens.
15    (c) If the State education purchasing entity creates a
16master contract as defined in Article 28A of this Code, then
17the State education purchasing entity shall notify school
18districts of the existence of the master contract.
19    (d) In purchasing supplies, materials, equipment, or
20services that are not subject to subsection (c) of this
21Section, before a school district solicits bids or awards a
22contract, the district may review and consider as a bid under
23subsection (a) of this Section certified education purchasing
24contracts that are already available through the State
25education purchasing entity.
26(Source: P.A. 101-570, eff. 8-23-19.)
 

 

 

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1    Section 35. The Illinois Public Aid Code is amended by
2changing Sections 6-1.2, 6-2, and 6-10 as follows:
 
3    (305 ILCS 5/6-1.2)  (from Ch. 23, par. 6-1.2)
4    Sec. 6-1.2. Need. Income available to the person, when
5added to contributions in money, substance, or services from
6other sources, including contributions from legally
7responsible relatives, must be insufficient to equal the grant
8amount established by Department regulation (or by local
9governmental unit in units which do not receive State funds)
10for such a person.
11    In determining income to be taken into account:
12        (1) The first $75 of earned income in income assistance
13    units comprised exclusively of one adult person shall be
14    disregarded, and for not more than 3 months in any 12
15    consecutive months that portion of earned income beyond the
16    first $75 that is the difference between the standard of
17    assistance and the grant amount, shall be disregarded.
18        (2) For income assistance units not comprised
19    exclusively of one adult person, when authorized by rules
20    and regulations of the Illinois Department, a portion of
21    earned income, not to exceed the first $25 a month plus 50%
22    of the next $75, may be disregarded for the purpose of
23    stimulating and aiding rehabilitative effort and
24    self-support activity.

 

 

10100HB2096sam002- 24 -LRB101 04912 AWJ 72244 a

1    "Earned income" means money earned in self-employment or
2wages, salary, or commission for personal services performed as
3an employee. The eligibility of any applicant for or recipient
4of public aid under this Article is not affected by the payment
5of any grant under the "Senior Citizens and Persons with
6Disabilities Property Tax Relief Act", any refund or payment of
7the federal Earned Income Tax Credit, any rebate authorized
8under Section 2201(a) of the Coronavirus Aid, Relief, and
9Economic Security Act (Public Law 116-136) or under any other
10federal economic stimulus program created in response to the
11COVID-19 emergency, or any distributions or items of income
12described under subparagraph (X) of paragraph (2) of subsection
13(a) of Section 203 of the Illinois Income Tax Act.
14(Source: P.A. 99-143, eff. 7-27-15.)
 
15    (305 ILCS 5/6-2)  (from Ch. 23, par. 6-2)
16    Sec. 6-2. Amount of aid. The amount and nature of General
17Assistance for basic maintenance requirements shall be
18determined in accordance with local budget standards for local
19governmental units which do not receive State funds. For local
20governmental units which do receive State funds, the amount and
21nature of General Assistance for basic maintenance
22requirements shall be determined in accordance with the
23standards, rules and regulations of the Illinois Department.
24However, the amount and nature of any financial aid is not
25affected by the payment of any grant under the Senior Citizens

 

 

10100HB2096sam002- 25 -LRB101 04912 AWJ 72244 a

1and Persons with Disabilities Property Tax Relief Act, any
2rebate authorized under Section 2201(a) of the Coronavirus Aid,
3Relief, and Economic Security Act (Public Law 116-136) or under
4any other federal economic stimulus program created in response
5to the COVID-19 emergency, or any distributions or items of
6income described under subparagraph (X) of paragraph (2) of
7subsection (a) of Section 203 of the Illinois Income Tax Act.
8Due regard shall be given to the requirements and the
9conditions existing in each case, and to the income, money
10contributions and other support and resources available, from
11whatever source. In local governmental units which do not
12receive State funds, the grant shall be sufficient when added
13to all other income, money contributions and support in excess
14of any excluded income or resources, to provide the person with
15a grant in the amount established for such a person by the
16local governmental unit based upon standards meeting basic
17maintenance requirements. In local governmental units which do
18receive State funds, the grant shall be sufficient when added
19to all other income, money contributions and support in excess
20of any excluded income or resources, to provide the person with
21a grant in the amount established for such a person by
22Department regulation based upon standards providing a
23livelihood compatible with health and well-being, as directed
24by Section 12-4.11 of this Code.
25    The Illinois Department may conduct special projects,
26which may be known as Grant Diversion Projects, under which

 

 

10100HB2096sam002- 26 -LRB101 04912 AWJ 72244 a

1recipients of financial aid under this Article are placed in
2jobs and their grants are diverted to the employer who in turn
3makes payments to the recipients in the form of salary or other
4employment benefits. The Illinois Department shall by rule
5specify the terms and conditions of such Grant Diversion
6Projects. Such projects shall take into consideration and be
7coordinated with the programs administered under the Illinois
8Emergency Employment Development Act.
9    The allowances provided under Article IX for recipients
10participating in the training and rehabilitation programs
11shall be in addition to such maximum payment.
12    Payments may also be made to provide persons receiving
13basic maintenance support with necessary treatment, care and
14supplies required because of illness or disability or with
15acute medical treatment, care, and supplies. Payments for
16necessary or acute medical care under this paragraph may be
17made to or in behalf of the person. Obligations incurred for
18such services but not paid for at the time of a recipient's
19death may be paid, subject to the rules and regulations of the
20Illinois Department, after the death of the recipient.
21(Source: P.A. 99-143, eff. 7-27-15.)
 
22    (305 ILCS 5/6-10)  (from Ch. 23, par. 6-10)
23    Sec. 6-10. Emergency financial assistance. Except in a
24city, village or incorporated town of more than 500,000
25population, when an applicant resides in the local governmental

 

 

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1unit in which he makes application, emergency financial
2assistance to alleviate life-threatening circumstances or to
3assist the individual in attaining self-sufficiency may be
4given to or in behalf of the applicant. The emergency
5assistance so given shall be by vendor payment in an amount
6necessary to meet the need, up to the maximum established by
7the local governmental unit. Emergency assistance shall not be
8granted under this Section more than once to any applicant
9during any 12 consecutive month period. Persons currently
10receiving financial assistance under this Article or under any
11other Article of this Code shall not be eligible for emergency
12financial assistance under this Section. However, the amount
13and nature of any emergency financial assistance is not
14affected by the payment of any rebate authorized under Section
152201(a) of the Coronavirus Aid, Relief, and Economic Security
16Act (Public Law 116-136) or under any other federal economic
17stimulus program created in response to the COVID-19 emergency.
18Persons receiving only medical assistance from the Illinois
19Department may, however, receive emergency financial
20assistance under this Section. Emergency financial assistance
21may be provided under this Section to persons who are
22applicants for public aid from the Illinois Department in order
23to cover time periods prior to receipt of public aid from the
24Illinois Department. A local governmental unit may use General
25Assistance moneys to provide emergency financial assistance
26under this Section but shall not use State funds to provide

 

 

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1assistance under this Section. If a local governmental unit
2receives State funds to provide General Assistance under this
3Article, assistance provided by the local governmental unit
4under this Section shall not be considered in determining
5whether a local governmental unit has qualified to receive
6State funds under Article XII. A local governmental unit which
7provides assistance under this Section shall not, as a result
8of payment of such assistance, change the nature or amount of
9assistance provided to any other individual or family under
10this Article.
11(Source: P.A. 88-412.)
 
12    Section 40. The Housing Authorities Act is amended by
13changing Sections 8.2, 14, and 24 as follows:
 
14    (310 ILCS 10/8.2)  (from Ch. 67 1/2, par. 8.2)
15    Sec. 8.2. Projects; competitive bidding; arrangement with
16for-profit developer. An Authority has power to prepare, carry
17out and operate projects; to provide for the construction,
18reconstruction, improvement, alteration or repair of any
19project or any part thereof; to take over by purchase, lease,
20or otherwise any project undertaken by any government; to act
21as agent for the Federal government in connection with the
22acquisition, construction, operation, or management of a
23project or any part thereof; to arrange with any government
24within the area of operation for the furnishing, planning,

 

 

10100HB2096sam002- 29 -LRB101 04912 AWJ 72244 a

1replanning, opening or closing of streets, roads, roadways,
2alleys, parks, or other places of public facilities or for the
3acquisition by any government or any agency, instrumentality or
4subdivision thereof, of property, options or property rights or
5for the furnishing of property or services in connection with a
6project; to function as an agency of the city, village,
7incorporated town or county for which it is constituted an
8Authority and to act as an agent (when so designated) for any
9government, with respect to matters relating to housing and the
10purposes of this Act, including action for the elimination of
11unsafe and unsanitary dwellings, the provision of rental
12assistance, the clearing and redevelopment of blighted or slum
13areas, the assembly of improved and unimproved land for
14development or redevelopment purposes, the conservation and
15rehabilitation of existing housing, and the provision of
16decent, safe and sanitary and affordable housing
17accommodations, and to utilize any and all of its powers to
18assist governments in any manner which will tend to further the
19objectives of this Act; to assist through the exercise of the
20powers herein conferred any individual, association,
21corporation or organization which presents a plan for
22developing or redeveloping any property within the area of
23operation of the Authority which will tend to provide decent,
24safe and sanitary and affordable housing, or promote other uses
25essential to sound community growth.
26    In counties having a population of less than 1,000,000, any

 

 

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1contract in which State funds are used for repair, improvement
2or rehabilitation of existing improvements that involves
3expenditures that meet the requirements applicable to either
4federal or State programs shall be let by free and competitive
5bidding to the lowest responsible bidder upon bond and subject
6to regulations as may be set by the Department and with the
7written approval of the Department. In the case of an emergency
8affecting the public health or safety declared by a majority
9vote of the commissioners of the Housing Authority, contracts
10may be let, to the extent necessary to resolve an emergency,
11without public advertisement or competitive bidding.
12    In addition to the powers conferred by this Act and other
13laws concerning housing authorities, a Housing Authority in any
14municipality or county having a population in excess of
151,000,000 shall be authorized to participate as a partner or
16member of a partnership, limited liability company, joint
17venture, or other form of a business arrangement with a
18for-profit developer or non-profit developer and shall have all
19powers deemed necessary and appropriate to engage in the
20rehabilitation and development or ownership, or both
21development and ownership, of low-income and mixed-income
22rental and for-sale housing as a partner or member of a
23partnership, limited liability company, or joint venture.
24(Source: P.A. 95-887, eff. 8-22-08.)
 
25    (310 ILCS 10/14)  (from Ch. 67 1/2, par. 14)

 

 

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1    Sec. 14. Approval of projects by Department. Prior to the
2acquisition of title to any real property an Authority shall
3submit to the Department data as to the location and cost of
4the property, and prior to the undertaking of any construction
5or other initiation of a project an Authority shall submit to
6the Department the proposed plans, specifications and
7estimates of the costs and a statement of the proposed methods
8of financing and operating the project. An Authority shall not
9finally acquire title to any real estate nor undertake the
10construction or operation of a project without the approval of
11the Department; provided that, if the Department shall fail
12within thirty days after receipt thereof to state its
13disapproval of the proposals or such modifications thereof as
14it may deem desirable, the proposals shall be deemed to have
15been approved as submitted. No change involving an expenditure
16of more than twenty-five hundred dollars ($2500) shall be made
17in any proposal approved by the Department without submission
18to the Department in the manner prescribed in this Section. The
19provisions of this Section shall not apply with reference to
20any project which is or is to be financed in whole or in part by
21the federal government or any agency or instrumentality thereof
22or undertaken pursuant to the additional powers conferred in
23Section 8.2 upon housing authorities in any municipality or
24county having a population in excess of 1,000,000 pursuant to
25this amendatory Act of the 95th General Assembly.
26(Source: P.A. 95-887, eff. 8-22-08.)
 

 

 

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1    (310 ILCS 10/24)  (from Ch. 67 1/2, par. 24)
2    Sec. 24. Management and operation of housing projects. It
3is hereby declared to be the policy of this State that each
4housing authority shall manage and operate its housing projects
5in an efficient manner so as to enable it to fix the rentals
6for dwellings at the lowest possible rates consistent with its
7providing decent, safe and sanitary and affordable dwellings,
8and that no Housing Authority shall construct or operate any
9project for profit, or as a source of revenue to a city,
10village, incorporated town or county. To this end an Authority
11shall fix the rentals for dwellings in its projects at no
12higher rates than it shall find to be necessary in order to
13produce revenues which (together with all other available
14moneys, revenues, income and receipts of the Authority from
15whatever sources derived) will be sufficient (a) to pay, as the
16same becomes due, the principal and interest on the bonds of
17the Authority; (b) to meet and provide for the cost of
18maintaining and operating the projects (including the cost of
19any insurance on the projects or bonds issued therefor) and the
20administrative expenses of the Authority; (c) to create (during
21not less than the ten years immediately succeeding its issuance
22of any bonds) a reserve sufficient to meet the large principal
23and interest payments which will be due on bonds in any 2
24consecutive years thereafter, and to maintain a reserve; and
25(d) to create a reasonable reserve solely from any

 

 

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1contributions or grants to the Authority from the federal
2government, the State, or any political subdivision of the
3State for the purpose of meeting the cost of maintaining and
4operating the project and of paying the principal and interest
5on its bonds. The management of low-rent public housing
6projects financed and developed under the U.S. Housing Act of
71937, as now or hereafter amended, shall be in accordance with
8the provisions of that Act. The provisions of this Section 24
9shall not apply to any project undertaken pursuant to the
10additional powers conferred in Section 8.2 upon housing
11authorities in any municipality or county having a population
12in excess of 1,000,000 pursuant to this amendatory Act of the
1395th General Assembly.
14(Source: P.A. 95-887, eff. 8-22-08.)
 
15    Section 90. The State Mandates Act is amended by adding
16Section 8.44 as follows:
 
17    (30 ILCS 805/8.44 new)
18    Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8
19of this Act, no reimbursement by the State is required for the
20implementation of any mandate created by Section 4-7 of the
21Illinois Local Library Act or Section 30-55.60 of the Public
22Library District Act of 1991.
 
23    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".