Full Text of HB2096 101st General Assembly
HB2096sam001 101ST GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 5/20/2020
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| 1 | | AMENDMENT TO HOUSE BILL 2096
| 2 | | AMENDMENT NO. ______. Amend House Bill 2096 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Township Code is amended by changing | 5 | | Sections 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 | 9 | | for the
transaction of the business of the township shall be | 10 | | held on the second Tuesday
of April in each year, after 6 p.m., | 11 | | at the place appointed for those
meetings. Elections for
| 12 | | township officers shall be held in accordance with the | 13 | | consolidated schedule of
elections prescribed by the general | 14 | | election law.
| 15 | | (b) Whenever the date designated in subsection (a) | 16 | | conflicts with the
celebration of Passover, the township board |
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| 1 | | may postpone the annual township
meeting to the first Tuesday | 2 | | following the last day of Passover.
| 3 | | (c) Whenever the consolidated election provided for in | 4 | | subsection
(b) of Section 2A-1.1 of the Election Code is | 5 | | rescheduled to the second
Tuesday in April under Section | 6 | | 2A-1.1a of the Election Code, the annual
township meeting shall | 7 | | be held on the third Tuesday in April at the time
designated by | 8 | | the electors or the township board, whichever is appropriate.
| 9 | | (d) If the Governor declares a disaster under Section 7 of | 10 | | the Illinois Emergency Management Agency Act and the disaster | 11 | | declaration is effective during the dates designated for a | 12 | | township's annual meeting under subsection (a),(b), or (c), a | 13 | | township board may postpone the annual meeting if circumstances | 14 | | related to the disaster declaration prevent a township from | 15 | | holding its annual meeting. An annual township meeting | 16 | | postponed under this subsection shall be held on the third | 17 | | Tuesday, after 6 p.m., of the month following the expiration of | 18 | | the disaster declaration. If a subsequent disaster is declared | 19 | | under Section 7 of the Illinois Emergency Management Agency Act | 20 | | prior to or one day after the expiration of the disaster | 21 | | declaration upon which the township board based its decision to | 22 | | postpone the annual meeting and the township board intends to | 23 | | proceed with the annual meeting during this subsequent disaster | 24 | | declaration, the township board must consult with and receive | 25 | | written approval from the county health department in order to | 26 | | proceed with the annual meeting during the course of the |
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| 1 | | subsequent disaster declaration. | 2 | | (Source: P.A. 88-62; incorporates 88-360; 88-670, eff. | 3 | | 12-2-94.)
| 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 | 7 | | any special
township meetings shall be given by the township | 8 | | clerk (or, in the clerk's absence, the
supervisor, assessor, or | 9 | | collector) by posting written or printed notices in 3
of the | 10 | | most public places in the township at least 15 days before the | 11 | | meeting
and, if there is an English language newspaper | 12 | | published in the township, by at
least one publication in that | 13 | | newspaper before the meeting. The notice shall
set forth the | 14 | | agenda for the meeting.
| 15 | | (b) Agenda. Not less than 15 days before the annual | 16 | | meeting, the township board shall adopt an agenda for the | 17 | | annual meeting. Any 15 or more registered voters in the | 18 | | township may request an agenda item for consideration by the | 19 | | electors at the annual meeting by giving written notice of a | 20 | | specific request to the township clerk no later than March 1 | 21 | | prior to the annual meeting. The agenda published by the | 22 | | township board shall include any such request made by voters if | 23 | | the request is relevant to powers granted to electors under the | 24 | | Township Code. | 25 | | (c) Additional agenda items. Any matter or proposal not set |
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| 1 | | forth in the published agenda shall not be considered at the | 2 | | annual meeting other than advising that the matter may be | 3 | | considered at a special meeting of the electors at a later | 4 | | date. | 5 | | (d) Notice and agenda requirements for an annual township | 6 | | meeting that has been postponed under subsection (d) of Section | 7 | | 30-5 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 | 10 | | changing 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 | 13 | | inhabitants, except as otherwise provided in this Section, the
| 14 | | corporate authorities shall pass an ordinance within the first | 15 | | quarter
of each fiscal year, to be termed the annual | 16 | | appropriation ordinance. On and after January 1, 2020, if a | 17 | | disaster, state of emergency, or national emergency is declared | 18 | | within the 60 days preceding the end of the first quarter of a | 19 | | municipality's fiscal year and the disaster, emergency, or | 20 | | declaration impacts the municipality, the time limit to pass | 21 | | the annual appropriation ordinance shall be extended for the | 22 | | duration of the disaster or emergency and for 60 days | 23 | | thereafter. During the extended period, the municipality may | 24 | | expend sums of money up to amounts budgeted or appropriated for |
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| 1 | | those objects and purposes in the previous fiscal year to | 2 | | defray all necessary expenses and liabilities of the | 3 | | municipality. In
this ordinance, the corporate authorities (i) | 4 | | may appropriate sums
of money deemed necessary to defray all | 5 | | necessary expenses and
liabilities of the municipalities, | 6 | | including the amounts to be deposited
in the reserves provided | 7 | | for in the Illinois Pension Code and (ii) shall
specify the | 8 | | objects and purposes for which these appropriations are made
| 9 | | and the amount appropriated for each object or purpose. Among | 10 | | the objects
and purposes specified shall be the reserves | 11 | | provided for in the Illinois
Pension Code. Except as otherwise | 12 | | provided, no further
appropriations shall be made at any other | 13 | | time within the same fiscal
year, unless a proposition to make | 14 | | each additional appropriation has
been first sanctioned by a | 15 | | petition signed by electors of the
municipality numbering more | 16 | | than 50% of the number of votes cast for the
candidates for | 17 | | mayor or president at the last preceding general
municipal | 18 | | election at which a mayor or president was elected, by a
| 19 | | petition signed by them, or by a majority of those voting on | 20 | | the
question at a regular election or at an emergency | 21 | | referendum authorized in
accordance with the general election | 22 | | law. The corporate authorities may by
ordinance initiate the | 23 | | submission of the proposition. During any fiscal
year, the | 24 | | corporate authorities in municipalities subject to this | 25 | | Section
may adopt a supplemental appropriation ordinance in an | 26 | | amount not in excess
of the aggregate of any additional revenue |
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| 1 | | available to the
municipality, or estimated to be received by | 2 | | the municipality after
the adoption of the annual appropriation | 3 | | ordinance for that fiscal
year, or from fund balances available | 4 | | when the annual appropriation
ordinance was adopted but that | 5 | | were not appropriated at that time.
The provisions of this | 6 | | Section prohibiting further appropriations without
sanction by | 7 | | petition or election shall not be applicable to the
| 8 | | supplemental appropriation for that fiscal year. The corporate | 9 | | authorities
at any time, however, by a two-thirds vote of all | 10 | | the members of the body,
may make transfers within any | 11 | | department or other separate agency of the
municipal government | 12 | | of sums of money appropriated for one corporate object
or | 13 | | purpose to another corporate object or purpose, but no | 14 | | appropriation for
any object or purpose shall thereby be | 15 | | reduced below an amount sufficient
to cover all obligations | 16 | | incurred or to be incurred against the
appropriation. Nothing | 17 | | in this Section shall deprive the corporate
authorities of the | 18 | | power to provide for and cause to be paid from the funds
of the | 19 | | municipality any charge imposed by law without the action of | 20 | | the
corporate authorities, the payment of which is ordered by a | 21 | | court of
competent jurisdiction.
| 22 | | At least 10 days before the adoption of the annual | 23 | | appropriation
ordinance, the corporate authorities of | 24 | | municipalities over 2,000 in
population shall make the proposed | 25 | | appropriation ordinance or a formally
prepared appropriation | 26 | | or budget document upon which the annual
appropriation |
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| 1 | | ordinance will be based conveniently available to public
| 2 | | inspection. In addition, the corporate authorities shall hold | 3 | | at least one
public hearing on that proposed appropriation | 4 | | ordinance. Notice of this
hearing shall be given publication in | 5 | | one or more newspapers published in
the municipality or, if | 6 | | there is none published in the municipality, in a
newspaper | 7 | | published in the county and having general circulation in the
| 8 | | municipality at least 10 days before the time of the public | 9 | | hearing. The
notice shall state the time and place of the | 10 | | hearing and the place where
copies of the proposed | 11 | | appropriation ordinance or formally prepared
appropriation or | 12 | | budget document will be accessible for examination. The
annual | 13 | | appropriation ordinance may be adopted at the same meeting at | 14 | | which
the public hearing is held or at any time after that | 15 | | public hearing.
| 16 | | After the public hearing and before final action is taken | 17 | | on the
appropriation ordinance, the corporate authorities may | 18 | | revise, alter,
increase, or decrease the items contained in the | 19 | | ordinance.
| 20 | | Notwithstanding any above provision of this Section, any
| 21 | | municipality in which Article 5 becomes effective after the | 22 | | annual
appropriation ordinance has been passed for the current | 23 | | fiscal year may
amend the appropriation ordinance in any manner | 24 | | necessary to make
Article 5 fully operative in that | 25 | | municipality for that fiscal year. No
amendment shall be | 26 | | construed, however, to affect any tax levy
made on the basis of |
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| 1 | | the original appropriation ordinance.
| 2 | | This Section does not apply to municipalities operating | 3 | | under
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 | 7 | | authorities
shall be in lieu of passage of the appropriation | 8 | | ordinance as required by
Section 8-2-9 of this Act. The annual | 9 | | budget need not be published except
in a manner provided for in | 10 | | Section 8-2-9.9. Except as otherwise provided in this Section, | 11 | | the The annual budget shall be
adopted by the corporate | 12 | | authorities before the beginning of the fiscal
year to which it | 13 | | applies. On and after January 1, 2020, if a disaster, state of | 14 | | emergency, or national emergency is declared within 60 days of | 15 | | the end of a municipality's fiscal year and the disaster, | 16 | | emergency, or declaration impacts the municipality, the time | 17 | | limit to pass the annual budget shall be extended for the | 18 | | duration of the disaster or emergency and for 60 days | 19 | | thereafter. During the extended period, the municipality may | 20 | | expend sums of money up to amounts budgeted or appropriated for | 21 | | those objects and purposes in the previous fiscal year to | 22 | | defray all necessary expenses and liabilities of the | 23 | | municipality.
| 24 | | (Source: P.A. 76-1117.)
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| 1 | | Section 15. Sections 20 and 25 of this Act may be referred | 2 | | to as the Cards for Kids Act. | 3 | | Section 20. The Illinois Local Library Act is amended by | 4 | | changing 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, | 7 | | incorporated
town, village or township shall carry out the | 8 | | spirit and intent of this
Act in establishing, supporting and | 9 | | maintaining a public library or
libraries for providing library | 10 | | service and, in addition to but without
limiting other powers | 11 | | conferred 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 | 2 | | amended 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 | 5 | | may extend the privileges and use
of the library, including the
| 6 | | borrowing of materials on an individual basis by persons
| 7 | | residing outside the district. If the board exercises this | 8 | | power,
the privilege of library use shall be upon terms and | 9 | | conditions
prescribed by the
board in its regulations. The | 10 | | board shall charge a
nonresident
fee for the privileges and use | 11 | | of the library at least equal to the
cost paid by residents of | 12 | | the district, with the
cost to be determined according to the | 13 | | formula established by the Illinois
State Library.
A person | 14 | | residing outside of a public library service area must apply | 15 | | for a
non-resident library
card at the public library closest | 16 | | to the person's principal residence.
The nonresident cards | 17 | | shall allow for borrowing privileges
at all participating | 18 | | public libraries in the regional library system. The | 19 | | nonresident 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 | 17 | | participate in the
non-resident card
reciprocal borrowing | 18 | | program of a regional library system as provided for in
this | 19 | | Section.
| 20 | | (Source: P.A. 100-875, eff. 8-14-18.)
| 21 | | Section 30. The School Code is amended by changing Section | 22 | | 10-20.21 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 | 2 | | materials or work involving an expenditure in excess of $25,000 | 3 | | or a lower amount as required by board policy
to the lowest | 4 | | responsible bidder, considering conformity with
| 5 | | specifications, terms of delivery, quality and serviceability, | 6 | | after due
advertisement, except the following: (i) contracts | 7 | | for the services of
individuals possessing a high degree of | 8 | | professional skill where the
ability or fitness of the | 9 | | individual plays an important part; (ii)
contracts for the | 10 | | printing of finance committee reports and departmental
| 11 | | reports; (iii) contracts for the printing or engraving of | 12 | | bonds, tax
warrants and other evidences of indebtedness; (iv) | 13 | | contracts for the
purchase of perishable foods and perishable | 14 | | beverages; (v) contracts for
materials and work which have been | 15 | | awarded to the lowest responsible bidder
after due | 16 | | advertisement, but due to unforeseen revisions, not the fault | 17 | | of
the contractor for materials and work, must be revised | 18 | | causing expenditures
not in excess of 10% of the contract | 19 | | price; (vi)
contracts for the maintenance or servicing of, or | 20 | | provision of
repair parts for, equipment which are made with | 21 | | the manufacturer or
authorized service agent of that equipment | 22 | | where the provision of parts,
maintenance, or servicing can | 23 | | best be performed by the manufacturer or
authorized service | 24 | | agent; (vii) purchases and contracts for the use,
purchase, | 25 | | delivery, movement, or installation of data processing | 26 | | equipment,
software, or services and telecommunications and |
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| 1 | | interconnect
equipment, software, and services; (viii) | 2 | | contracts for duplicating
machines and supplies; (ix) | 3 | | contracts for the purchase of fuel, including diesel, gasoline, | 4 | | oil, aviation, natural gas, or propane, lubricants, or other | 5 | | petroleum products; (x) purchases of
equipment previously | 6 | | owned by some entity other than the district
itself; (xi) | 7 | | contracts for repair, maintenance, remodeling, renovation, or
| 8 | | construction, or a single project involving an expenditure not | 9 | | to exceed
$50,000 and not involving a change or increase in the | 10 | | size, type, or extent
of an existing facility; (xii) contracts | 11 | | for goods or services procured
from another governmental | 12 | | agency; (xiii) contracts for goods or services
which are | 13 | | economically procurable from only one source, such as for the
| 14 | | purchase of magazines, books, periodicals, pamphlets and | 15 | | reports, and for
utility services such as water, light, heat, | 16 | | telephone or telegraph;
(xiv) where funds are expended in an | 17 | | emergency and such emergency
expenditure is approved by 3/4 of | 18 | | the members of the board; (xv) State master contracts | 19 | | authorized under Article 28A of this Code; and (xvi) contracts | 20 | | providing for the transportation of pupils, which contracts | 21 | | must be advertised in the same manner as competitive bids and | 22 | | awarded by first considering the bidder or bidders most able to | 23 | | provide safety and comfort for the pupils, stability of | 24 | | service, and any other factors set forth in the request for | 25 | | proposal regarding quality of service, and then price. However, | 26 | | at no time shall a cause of action lie against a school board |
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| 1 | | for awarding a pupil transportation contract per the standards | 2 | | set forth in this subsection (a) unless the cause of action is | 3 | | based on fraudulent conduct. | 4 | | All competitive
bids for contracts involving an | 5 | | expenditure in excess of $25,000 or a lower amount as required | 6 | | by board policy must be
sealed by the bidder and must be opened | 7 | | by a member or employee of the
school board at a public bid | 8 | | opening at which the contents of the bids
must be announced. | 9 | | Each bidder must receive at least 3 days' notice of the
time | 10 | | and place of the bid opening. For purposes of this Section due
| 11 | | advertisement includes, but is not limited to, at least one | 12 | | public notice
at least 10 days before the bid date in a | 13 | | newspaper published in the
district, or if no newspaper is | 14 | | published in the district, in a newspaper
of general | 15 | | circulation in the area of the district. State master contracts | 16 | | and certified education purchasing contracts, as defined in | 17 | | Article 28A of this Code, are not subject to the requirements | 18 | | of this paragraph.
| 19 | | Under this Section, the acceptance of bids sealed by a | 20 | | bidder and the opening of these bids at a public bid opening | 21 | | may be permitted by an electronic process for communicating, | 22 | | accepting, and opening competitive bids. However, bids for | 23 | | construction purposes are prohibited from being communicated, | 24 | | accepted, or opened electronically. An electronic bidding | 25 | | process must provide for, but is not limited to, the following | 26 | | safeguards: |
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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.
| 14 | | It is the legislative intent of Public Act 96-841 to maintain | 15 | | the integrity of the sealed bidding process provided for in | 16 | | this Section, to further limit any possibility of bid-rigging, | 17 | | to reduce administrative costs to school districts, and to | 18 | | effect efficiencies in communications with bidders. | 19 | | (b) To require, as a condition of any contract for goods | 20 | | and services,
that persons
bidding for and awarded a contract | 21 | | and all affiliates of the person collect and
remit
Illinois Use | 22 | | Tax on all sales of tangible personal property into the State | 23 | | of
Illinois in
accordance with the provisions of the Illinois | 24 | | Use Tax Act regardless of whether
the
person or affiliate is a | 25 | | "retailer maintaining a place of business within this
State" as
| 26 | | defined in Section 2 of the Use Tax Act. For purposes of this |
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| 1 | | Section, the term
"affiliate"
means any entity that (1) | 2 | | directly, indirectly, or constructively controls
another | 3 | | entity, (2)
is directly, indirectly, or constructively | 4 | | controlled by another entity, or (3)
is subject to
the control | 5 | | of a common entity. For purposes of this subsection (b), an | 6 | | entity
controls
another entity if it owns, directly or | 7 | | individually, more than 10% of the
voting
securities
of that | 8 | | entity. As used in this subsection (b), the term "voting | 9 | | security"
means a security
that (1) confers upon the holder the | 10 | | right to vote for the election of members
of the board
of | 11 | | directors or similar governing body of the business or (2) is | 12 | | convertible
into, or entitles
the holder to receive upon its | 13 | | exercise, a security that confers such a right
to
vote. A
| 14 | | general partnership interest is a voting security.
| 15 | | To require that bids and contracts include a certification | 16 | | by the bidder
or
contractor that the bidder or contractor is | 17 | | not barred from bidding for or
entering into a
contract under | 18 | | this Section and that the bidder or contractor acknowledges | 19 | | that
the school
board may declare the contract void if the | 20 | | certification completed pursuant to
this
subsection (b) is | 21 | | false.
| 22 | | (b-5) To require all contracts and agreements that pertain | 23 | | to goods and services and that are intended to generate | 24 | | additional revenue and other remunerations for the school | 25 | | district in excess of $1,000, including without limitation | 26 | | vending machine contracts, sports and other attire, class |
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| 1 | | rings, and photographic services, to be approved by the school | 2 | | board. The school board shall file as an attachment to its | 3 | | annual budget a report, in a form as determined by the State | 4 | | Board of Education, indicating for the prior year the name of | 5 | | the vendor, the product or service provided, and the actual net | 6 | | revenue and non-monetary remuneration from each of the | 7 | | contracts or agreements. In addition, the report shall indicate | 8 | | for what purpose the revenue was used and how and to whom the | 9 | | non-monetary remuneration was distributed.
| 10 | | (b-10) To prohibit any contract to purchase food with a | 11 | | bidder or offeror if the bidder's or offeror's contract terms | 12 | | prohibit the school from donating food to food banks, | 13 | | including, but not limited to, homeless shelters, food | 14 | | pantries, and soup kitchens. | 15 | | (c) If the State education purchasing entity creates a | 16 | | master contract as defined in Article 28A of this Code, then | 17 | | the State education purchasing entity shall notify school | 18 | | districts of the existence of the master contract. | 19 | | (d) In purchasing supplies, materials, equipment, or | 20 | | services that are not subject to subsection (c) of this | 21 | | Section, before a school district solicits bids or awards a | 22 | | contract, the district may review and consider as a bid under | 23 | | subsection (a) of this Section certified education purchasing | 24 | | contracts that are already available through the State | 25 | | education 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 | 2 | | changing Sections 6-1.2 and 6-2 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 | 5 | | added to
contributions in money, substance, or services from | 6 | | other sources,
including contributions from legally | 7 | | responsible relatives, must be
insufficient to equal the grant | 8 | | amount established by Department regulation
(or by local | 9 | | governmental unit in units which do not receive State funds)
| 10 | | for 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.
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| 1 | | "Earned income" means money earned in self-employment or | 2 | | wages, salary,
or commission for personal services performed as | 3 | | an employee. The eligibility
of any applicant for or recipient | 4 | | of public aid under this Article is not
affected by the payment | 5 | | of any grant under the "Senior Citizens and Persons with | 6 | | Disabilities Property Tax Relief Act", any
refund
or payment of | 7 | | the federal Earned Income Tax Credit, any rebate authorized | 8 | | under Section 2201(a) of the Coronavirus Aid, Relief, and | 9 | | Economic Security Act (Public Law 116-136) or under any other | 10 | | federal economic stimulus program created in response to the | 11 | | COVID-19 emergency, or any distributions or
items of income | 12 | | described 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 | 17 | | Assistance
for basic maintenance requirements shall be | 18 | | determined in accordance
with local budget standards for local | 19 | | governmental units which do not receive
State funds. For local | 20 | | governmental units which do receive State funds,
the amount and | 21 | | nature of General Assistance for basic maintenance | 22 | | requirements
shall be determined in accordance with the | 23 | | standards, rules and regulations
of the Illinois Department. | 24 | | However,
the amount and nature of any
financial aid is not | 25 | | affected by the payment of any grant under the
Senior Citizens |
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| 1 | | and Persons with Disabilities Property Tax Relief Act , any | 2 | | rebate authorized under Section 2201(a) of the Coronavirus Aid, | 3 | | Relief, and Economic Security Act (Public Law 116-136) or under | 4 | | any other federal economic stimulus program created in response | 5 | | to the COVID-19 emergency,
or any distributions or items of | 6 | | income described under subparagraph (X) of
paragraph (2) of | 7 | | subsection (a) of Section 203 of the Illinois Income Tax
Act. | 8 | | Due regard shall be given to the
requirements and the | 9 | | conditions existing in each case, and to the income,
money | 10 | | contributions and other support and resources available, from
| 11 | | whatever source. In local governmental units which do not | 12 | | receive State
funds, the grant shall be sufficient when added | 13 | | to all other income, money
contributions and support in excess | 14 | | of any excluded income or resources, to
provide the person with | 15 | | a grant in the amount established for such a person
by the | 16 | | local governmental unit based upon standards meeting basic
| 17 | | maintenance requirements. In local governmental units which
do | 18 | | receive State funds, the grant shall be sufficient when added | 19 | | to all
other income, money contributions and support in excess | 20 | | of any excluded
income or resources, to provide the person with | 21 | | a grant in the amount
established for such a person by | 22 | | Department regulation based upon standards
providing a | 23 | | livelihood compatible with health and well-being, as directed
| 24 | | by Section 12-4.11 of this Code.
| 25 | | The Illinois Department may conduct special projects, | 26 | | which may be
known as Grant Diversion Projects, under which |
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| 1 | | recipients of financial aid
under this Article are placed in | 2 | | jobs and their grants are diverted to the
employer who in turn | 3 | | makes payments to the recipients in the form of salary
or other | 4 | | employment benefits. The Illinois Department shall by rule | 5 | | specify
the terms and conditions of such Grant Diversion | 6 | | Projects. Such projects
shall take into consideration and be | 7 | | coordinated with the programs
administered under the Illinois | 8 | | Emergency Employment Development Act.
| 9 | | The allowances provided under Article IX for recipients | 10 | | participating in
the training and rehabilitation programs | 11 | | shall be in addition to such
maximum payment.
| 12 | | Payments may also be made to provide persons receiving | 13 | | basic
maintenance support with necessary treatment, care and | 14 | | supplies required
because of illness or disability or with | 15 | | acute medical treatment, care,
and supplies.
Payments for | 16 | | necessary or acute medical
care under
this paragraph may be | 17 | | made to or in behalf of the person. Obligations
incurred for | 18 | | such services but not paid for at the time of a recipient's
| 19 | | death may be paid, subject to the rules and regulations of the | 20 | | Illinois
Department, after the death of the recipient.
| 21 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 22 | | Section 90. The State Mandates Act is amended by adding | 23 | | Section 8.44 as follows: | 24 | | (30 ILCS 805/8.44 new) |
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| 1 | | Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8 | 2 | | of this Act, no reimbursement by the State is required for the | 3 | | implementation of any mandate created by Section 4-7 of the | 4 | | Illinois Local Library Act or Section 30-55.60 of the Public | 5 | | Library District Act of 1991.
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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