Full Text of HB2096 101st General Assembly
HB2096sam003 101ST GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 5/21/2020
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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. Sections 20 and 25 of this Act may be referred | 10 | | to as the Cards for Kids Act. | 11 | | Section 15. The Illinois Local Library Act is amended by | 12 | | changing Section 4-7 as follows:
| 13 | | (75 ILCS 5/4-7) (from Ch. 81, par. 4-7)
| 14 | | Sec. 4-7.
Each board of library trustees of a city, | 15 | | incorporated
town, village or township shall carry out the | 16 | | spirit and intent of this
Act in establishing, supporting and | 17 | | maintaining a public library or
libraries for providing library | 18 | | service and, in addition to but without
limiting other powers | 19 | | conferred by this Act, shall have the following powers:
| 20 | | 1. To make and adopt such bylaws, rules and | 21 | | regulations, for their
own guidance and for the government | 22 | | of the library as may be expedient,
not inconsistent with | 23 | | this Act;
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| 1 | | 2. To have the exclusive control of the expenditure of | 2 | | all moneys
collected for the library and deposited to the | 3 | | credit of the library
fund;
| 4 | | 3. To have the exclusive control of the construction of | 5 | | any library
building and of the supervision, care and | 6 | | custody of the grounds, rooms
or buildings constructed, | 7 | | leased or set apart for that purpose;
| 8 | | 4. To purchase or lease real or personal property, and | 9 | | to construct
an appropriate building or buildings for the | 10 | | use of a library
established hereunder, using, at the | 11 | | board's option, contracts providing
for all or part of the | 12 | | consideration to be paid through installments at
stated | 13 | | intervals during a certain period not to exceed 20 years | 14 | | with
interest on the unpaid balance at any lawful rate for | 15 | | municipal
corporations in this State, except that | 16 | | contracts for installment
purchases of real estate shall | 17 | | provide for not more than 75% of the
total consideration to | 18 | | be repaid by installments, and to refund at any
time any | 19 | | installment contract entered into pursuant to this | 20 | | paragraph by
means of a refunding loan agreement, which may | 21 | | provide for installment payments
of principal and interest | 22 | | to be made at stated intervals during a certain
period not | 23 | | to exceed 20 years from the date of such refunding loan | 24 | | agreement,
with interest on the unpaid principal balance at | 25 | | any lawful rate for municipal
corporations in this State, | 26 | | except that no installment contract or refunding
loan |
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| 1 | | agreement for the same property or construction project may | 2 | | exceed
an aggregate of 20 years;
| 3 | | 5. To remodel or reconstruct a building erected or | 4 | | purchased by the
board, when such building is not adapted | 5 | | to its purposes or needs;
| 6 | | 6. To sell or otherwise dispose of any real or personal | 7 | | property
that it deems no longer necessary or useful for | 8 | | library purposes, and to
lease to others any real property | 9 | | not immediately useful but for which
plans for ultimate use | 10 | | have been or will be adopted but the corporate
authorities | 11 | | shall have the first right to purchase or lease except that
| 12 | | in the case of the City of Chicago, this power shall be | 13 | | governed and
limited by the Chicago Public Library Act;
| 14 | | 7. To appoint and to fix the compensation of a | 15 | | qualified librarian, who
shall have the authority to hire | 16 | | such other employees as may be necessary,
to fix their | 17 | | compensation, and to remove such appointees, subject to the
| 18 | | approval of the board, but these powers are subject to
| 19 | | Division 1 of Article 10 of the Illinois Municipal Code in
| 20 | | municipalities in which that Division is in force. The | 21 | | board may also
retain counsel and professional consultants | 22 | | as needed;
| 23 | | 8. To contract with any public or private corporation | 24 | | or entity for
the purpose of providing or receiving library | 25 | | service or of performing any
and all other acts necessary | 26 | | and proper to carry out the responsibilities,
the spirit, |
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| 1 | | and the provisions of this Act. This contractual power
| 2 | | includes, but is not limited to, participating in | 3 | | interstate library
compacts and library systems, | 4 | | contracting to supply library services, and
expending of | 5 | | any federal or State funds made available to any county,
| 6 | | municipality, township or to the State of Illinois for | 7 | | library purposes.
However, if a contract is for the supply | 8 | | of library services for residents
without a public library | 9 | | established under the provisions of this Act, the
terms of | 10 | | that contract will recognize the principle of equity or | 11 | | cost of
services to non-residents expressed in this Section | 12 | | of this Act, and will
provide for the assumption by the | 13 | | contracting party receiving the services
of financial | 14 | | responsibility for the loss of or damage to any library
| 15 | | materials provided to non-residents under the contract;
| 16 | | 9. To join with the board or boards of any one or more | 17 | | libraries in
this State in maintaining libraries, or for | 18 | | the maintenance of a common
library or common library | 19 | | services for participants, upon such terms as may
be agreed | 20 | | upon by and between the boards;
| 21 | | 10. To enter into contracts and to take title to any | 22 | | property
acquired by it for library purposes by the name | 23 | | and style of "The Board
of Library Trustees of the (city, | 24 | | village, incorporated town or
township) of ...." and by | 25 | | that name to sue and be sued;
| 26 | | 11. To exclude from the use of the library any person |
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| 1 | | who wilfully
violates the rules prescribed by the board;
| 2 | | 12. To extend the privileges and use of the library, | 3 | | including the
borrowing of materials on an individual basis | 4 | | by persons residing outside
of the city, incorporated town, | 5 | | village or township. If the board exercises
this power, the | 6 | | privilege of library use shall be upon such terms
and | 7 | | conditions as the board shall from time to time by its | 8 | | regulations
prescribe, and for such privileges and use, the | 9 | | board shall charge a
nonresident fee at least equal to the | 10 | | cost paid by residents of the city,
incorporated town, | 11 | | village or township, with the cost to be determined
| 12 | | according to the formula established by the Illinois State | 13 | | Library.
A person residing outside of a public library | 14 | | service area must apply for a
non-resident library
card at | 15 | | the public library located closest to the person's | 16 | | principal
residence.
The
nonresident cards shall allow for | 17 | | borrowing privileges
at all participating public libraries | 18 | | in the regional library system. The
nonresident fee shall | 19 | | not apply to : privilege and use provided under the
terms of | 20 | | the library's membership in a library system operating | 21 | | under the
provisions of the Illinois Library System Act, | 22 | | under the terms of any
reciprocal agreement with a public | 23 | | or private corporation or entity
providing a library | 24 | | service ; , or to a nonresident who as an individual or as
a | 25 | | partner, principal stockholder, or other joint owner owns | 26 | | or leases
property that is taxed for library service or is |
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| 1 | | a senior administrative officer of a firm, business, or
| 2 | | other corporation owning taxable property within the city, | 3 | | incorporated
town, village or township upon the | 4 | | presentation of the most recent tax bill
upon that taxable | 5 | | property or a copy of the commercial lease of that taxable | 6 | | property ; or to a nonresident in an unincorporated area in | 7 | | Illinois who is a student whose household falls at or below | 8 | | the U.S. Department of Agriculture's Income Eligibility | 9 | | Guidelines . Nothing in this item 12 requires any public | 10 | | library to
participate in the
non-resident card
reciprocal | 11 | | borrowing program of a regional library system as provided | 12 | | for in
this Section ;
| 13 | | 13. To exercise the power of eminent domain subject to | 14 | | the prior
approval of the corporate authorities under | 15 | | Sections 5-1 and 5-2 of this Act;
| 16 | | 14. To join the public library as a member and to join | 17 | | the library
trustees as members in the Illinois Library | 18 | | Association
and the American Library Association, | 19 | | non-profit, non-political, 501(c)(3)
associations, as | 20 | | designated by the federal Internal Revenue Service, having
| 21 | | the purpose of library development and librarianship; to | 22 | | provide for the
payment of annual membership dues, fees and | 23 | | assessments and act by, through
and in the name of such | 24 | | instrumentality by providing and disseminating
information | 25 | | and research services, employing personnel and doing any | 26 | | and
all other acts for the purpose of improving library |
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| 1 | | development;
| 2 | | 15. To invest funds pursuant to the Public Funds | 3 | | Investment Act; and
| 4 | | 16. To accumulate and set apart as reserve funds | 5 | | portions of the
unexpended balances of the proceeds | 6 | | received annually from taxes or other
sources, for the | 7 | | purpose of providing self-insurance against liabilities
| 8 | | relating to the public library.
| 9 | | (Source: P.A. 100-875, eff. 8-14-18.)
| 10 | | Section 20. The Public Library District Act of 1991 is | 11 | | amended by changing Section 30-55.60 as follows:
| 12 | | (75 ILCS 16/30-55.60)
| 13 | | Sec. 30-55.60. Use of library by nonresidents. The board | 14 | | may extend the privileges and use
of the library, including the
| 15 | | borrowing of materials on an individual basis by persons
| 16 | | residing outside the district. If the board exercises this | 17 | | power,
the privilege of library use shall be upon terms and | 18 | | conditions
prescribed by the
board in its regulations. The | 19 | | board shall charge a
nonresident
fee for the privileges and use | 20 | | of the library at least equal to the
cost paid by residents of | 21 | | the district, with the
cost to be determined according to the | 22 | | formula established by the Illinois
State Library.
A person | 23 | | residing outside of a public library service area must apply | 24 | | for a
non-resident library
card at the public library closest |
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| 1 | | to the person's principal residence.
The nonresident cards | 2 | | shall allow for borrowing privileges
at all participating | 3 | | public libraries in the regional library system. The | 4 | | nonresident fee shall
not
apply to
any of the following:
| 5 | | (1) Privileges and use provided (i) under the terms
of | 6 | | the district's membership
in a library system
operating | 7 | | under the provisions of the Illinois Library System Act or | 8 | | (ii) under
the terms of any reciprocal agreement with a | 9 | | public or private corporation
or entity providing a library | 10 | | service.
| 11 | | (2) Residents of an area in which the library is | 12 | | conducting a program for
the purpose of encouraging the | 13 | | inclusion of the area in the library district.
| 14 | | (3) A nonresident who, as an individual
or as a | 15 | | partner, principal stockholder, or other joint owner, owns | 16 | | or leases
property that is taxed for library service or is | 17 | | a senior administrative officer of a firm, business, or
| 18 | | other corporation owning taxable property within the | 19 | | district, upon
presentation of the most recent tax bill | 20 | | upon that taxable property or a copy of the commercial | 21 | | lease of that taxable property. | 22 | | (4) A nonresident in an unincorporated area in Illinois | 23 | | who is a student whose household falls at or below the U.S. | 24 | | Department of Agriculture's Income Eligibility Guidelines.
| 25 | | Nothing in this Section requires any public library to | 26 | | participate in the
non-resident card
reciprocal borrowing |
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| 1 | | program of a regional library system as provided for in
this | 2 | | Section.
| 3 | | (Source: P.A. 100-875, eff. 8-14-18.)
| 4 | | Section 25. The School Code is amended by changing Section | 5 | | 10-20.21 as follows:
| 6 | | (105 ILCS 5/10-20.21)
| 7 | | Sec. 10-20.21. Contracts.
| 8 | | (a)
To award all contracts for
purchase of supplies and | 9 | | materials or work involving an expenditure in excess of $25,000 | 10 | | or a lower amount as required by board policy
to the lowest | 11 | | responsible bidder, considering conformity with
| 12 | | specifications, terms of delivery, quality and serviceability, | 13 | | after due
advertisement, except the following: (i) contracts | 14 | | for the services of
individuals possessing a high degree of | 15 | | professional skill where the
ability or fitness of the | 16 | | individual plays an important part; (ii)
contracts for the | 17 | | printing of finance committee reports and departmental
| 18 | | reports; (iii) contracts for the printing or engraving of | 19 | | bonds, tax
warrants and other evidences of indebtedness; (iv) | 20 | | contracts for the
purchase of perishable foods and perishable | 21 | | beverages; (v) contracts for
materials and work which have been | 22 | | awarded to the lowest responsible bidder
after due | 23 | | advertisement, but due to unforeseen revisions, not the fault | 24 | | of
the contractor for materials and work, must be revised |
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| 1 | | causing expenditures
not in excess of 10% of the contract | 2 | | price; (vi)
contracts for the maintenance or servicing of, or | 3 | | provision of
repair parts for, equipment which are made with | 4 | | the manufacturer or
authorized service agent of that equipment | 5 | | where the provision of parts,
maintenance, or servicing can | 6 | | best be performed by the manufacturer or
authorized service | 7 | | agent; (vii) purchases and contracts for the use,
purchase, | 8 | | delivery, movement, or installation of data processing | 9 | | equipment,
software, or services and telecommunications and | 10 | | interconnect
equipment, software, and services; (viii) | 11 | | contracts for duplicating
machines and supplies; (ix) | 12 | | contracts for the purchase of fuel, including diesel, gasoline, | 13 | | oil, aviation, natural gas, or propane, lubricants, or other | 14 | | petroleum products; (x) purchases of
equipment previously | 15 | | owned by some entity other than the district
itself; (xi) | 16 | | contracts for repair, maintenance, remodeling, renovation, or
| 17 | | construction, or a single project involving an expenditure not | 18 | | to exceed
$50,000 and not involving a change or increase in the | 19 | | size, type, or extent
of an existing facility; (xii) contracts | 20 | | for goods or services procured
from another governmental | 21 | | agency; (xiii) contracts for goods or services
which are | 22 | | economically procurable from only one source, such as for the
| 23 | | purchase of magazines, books, periodicals, pamphlets and | 24 | | reports, and for
utility services such as water, light, heat, | 25 | | telephone or telegraph;
(xiv) where funds are expended in an | 26 | | emergency and such emergency
expenditure is approved by 3/4 of |
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| 1 | | the members of the board; (xv) State master contracts | 2 | | authorized under Article 28A of this Code; and (xvi) contracts | 3 | | providing for the transportation of pupils, which contracts | 4 | | must be advertised in the same manner as competitive bids and | 5 | | awarded by first considering the bidder or bidders most able to | 6 | | provide safety and comfort for the pupils, stability of | 7 | | service, and any other factors set forth in the request for | 8 | | proposal regarding quality of service, and then price. However, | 9 | | at no time shall a cause of action lie against a school board | 10 | | for awarding a pupil transportation contract per the standards | 11 | | set forth in this subsection (a) unless the cause of action is | 12 | | based on fraudulent conduct. | 13 | | All competitive
bids for contracts involving an | 14 | | expenditure in excess of $25,000 or a lower amount as required | 15 | | by board policy must be
sealed by the bidder and must be opened | 16 | | by a member or employee of the
school board at a public bid | 17 | | opening at which the contents of the bids
must be announced. | 18 | | Each bidder must receive at least 3 days' notice of the
time | 19 | | and place of the bid opening. For purposes of this Section due
| 20 | | advertisement includes, but is not limited to, at least one | 21 | | public notice
at least 10 days before the bid date in a | 22 | | newspaper published in the
district, or if no newspaper is | 23 | | published in the district, in a newspaper
of general | 24 | | circulation in the area of the district. State master contracts | 25 | | and certified education purchasing contracts, as defined in | 26 | | Article 28A of this Code, are not subject to the requirements |
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| 1 | | of this paragraph.
| 2 | | Under this Section, the acceptance of bids sealed by a | 3 | | bidder and the opening of these bids at a public bid opening | 4 | | may be permitted by an electronic process for communicating, | 5 | | accepting, and opening competitive bids. However, bids for | 6 | | construction purposes are prohibited from being communicated, | 7 | | accepted, or opened electronically. An electronic bidding | 8 | | process must provide for, but is not limited to, the following | 9 | | safeguards: | 10 | | (1) On the date and time certain of a bid opening, the | 11 | | primary person conducting the competitive, sealed, | 12 | | electronic bid process shall log onto a specified database | 13 | | using a unique username and password previously assigned to | 14 | | the bidder to allow access to the bidder's specific bid | 15 | | project number. | 16 | | (2) The specified electronic database must be on a | 17 | | network that (i) is in a secure environment behind a | 18 | | firewall; (ii) has specific encryption tools; (iii) | 19 | | maintains specific intrusion detection systems; (iv) has | 20 | | redundant systems architecture with data storage back-up, | 21 | | whether by compact disc or tape; and (v) maintains a | 22 | | disaster recovery plan.
| 23 | | It is the legislative intent of Public Act 96-841 to maintain | 24 | | the integrity of the sealed bidding process provided for in | 25 | | this Section, to further limit any possibility of bid-rigging, | 26 | | to reduce administrative costs to school districts, and to |
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| 1 | | effect efficiencies in communications with bidders. | 2 | | (b) To require, as a condition of any contract for goods | 3 | | and services,
that persons
bidding for and awarded a contract | 4 | | and all affiliates of the person collect and
remit
Illinois Use | 5 | | Tax on all sales of tangible personal property into the State | 6 | | of
Illinois in
accordance with the provisions of the Illinois | 7 | | Use Tax Act regardless of whether
the
person or affiliate is a | 8 | | "retailer maintaining a place of business within this
State" as
| 9 | | defined in Section 2 of the Use Tax Act. For purposes of this | 10 | | Section, the term
"affiliate"
means any entity that (1) | 11 | | directly, indirectly, or constructively controls
another | 12 | | entity, (2)
is directly, indirectly, or constructively | 13 | | controlled by another entity, or (3)
is subject to
the control | 14 | | of a common entity. For purposes of this subsection (b), an | 15 | | entity
controls
another entity if it owns, directly or | 16 | | individually, more than 10% of the
voting
securities
of that | 17 | | entity. As used in this subsection (b), the term "voting | 18 | | security"
means a security
that (1) confers upon the holder the | 19 | | right to vote for the election of members
of the board
of | 20 | | directors or similar governing body of the business or (2) is | 21 | | convertible
into, or entitles
the holder to receive upon its | 22 | | exercise, a security that confers such a right
to
vote. A
| 23 | | general partnership interest is a voting security.
| 24 | | To require that bids and contracts include a certification | 25 | | by the bidder
or
contractor that the bidder or contractor is | 26 | | not barred from bidding for or
entering into a
contract under |
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| 1 | | this Section and that the bidder or contractor acknowledges | 2 | | that
the school
board may declare the contract void if the | 3 | | certification completed pursuant to
this
subsection (b) is | 4 | | false.
| 5 | | (b-5) To require all contracts and agreements that pertain | 6 | | to goods and services and that are intended to generate | 7 | | additional revenue and other remunerations for the school | 8 | | district in excess of $1,000, including without limitation | 9 | | vending machine contracts, sports and other attire, class | 10 | | rings, and photographic services, to be approved by the school | 11 | | board. The school board shall file as an attachment to its | 12 | | annual budget a report, in a form as determined by the State | 13 | | Board of Education, indicating for the prior year the name of | 14 | | the vendor, the product or service provided, and the actual net | 15 | | revenue and non-monetary remuneration from each of the | 16 | | contracts or agreements. In addition, the report shall indicate | 17 | | for what purpose the revenue was used and how and to whom the | 18 | | non-monetary remuneration was distributed.
| 19 | | (b-10) To prohibit any contract to purchase food with a | 20 | | bidder or offeror if the bidder's or offeror's contract terms | 21 | | prohibit the school from donating food to food banks, | 22 | | including, but not limited to, homeless shelters, food | 23 | | pantries, and soup kitchens. | 24 | | (c) If the State education purchasing entity creates a | 25 | | master contract as defined in Article 28A of this Code, then | 26 | | the State education purchasing entity shall notify school |
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| 1 | | districts of the existence of the master contract. | 2 | | (d) In purchasing supplies, materials, equipment, or | 3 | | services that are not subject to subsection (c) of this | 4 | | Section, before a school district solicits bids or awards a | 5 | | contract, the district may review and consider as a bid under | 6 | | subsection (a) of this Section certified education purchasing | 7 | | contracts that are already available through the State | 8 | | education purchasing entity. | 9 | | (Source: P.A. 101-570, eff. 8-23-19.)
| 10 | | Section 30. The Illinois Public Aid Code is amended by | 11 | | changing Sections 6-1.2, 6-2, and 6-10 as follows:
| 12 | | (305 ILCS 5/6-1.2) (from Ch. 23, par. 6-1.2)
| 13 | | Sec. 6-1.2. Need. Income available to the person, when | 14 | | added to
contributions in money, substance, or services from | 15 | | other sources,
including contributions from legally | 16 | | responsible relatives, must be
insufficient to equal the grant | 17 | | amount established by Department regulation
(or by local | 18 | | governmental unit in units which do not receive State funds)
| 19 | | for such a person.
| 20 | | In determining income to be taken into account:
| 21 | | (1) The first $75 of earned income in income assistance | 22 | | units
comprised exclusively of one adult person shall be | 23 | | disregarded, and for not
more than 3 months in any 12 | 24 | | consecutive months that portion
of earned income beyond the |
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| 1 | | first $75 that is the difference between the
standard of | 2 | | assistance and the grant amount, shall be disregarded.
| 3 | | (2) For income assistance units not comprised | 4 | | exclusively of one adult
person, when authorized by rules | 5 | | and regulations of the Illinois
Department, a portion of | 6 | | earned income, not to exceed the first $25 a month
plus 50% | 7 | | of the next $75, may be disregarded for the purpose of | 8 | | stimulating
and aiding rehabilitative effort and | 9 | | self-support activity.
| 10 | | "Earned income" means money earned in self-employment or | 11 | | wages, salary,
or commission for personal services performed as | 12 | | an employee. The eligibility
of any applicant for or recipient | 13 | | of public aid under this Article is not
affected by the payment | 14 | | of any grant under the "Senior Citizens and Persons with | 15 | | Disabilities Property Tax Relief Act", any
refund
or payment of | 16 | | the federal Earned Income Tax Credit, any rebate authorized | 17 | | under Section 2201(a) of the Coronavirus Aid, Relief, and | 18 | | Economic Security Act (Public Law 116-136) or under any other | 19 | | federal economic stimulus program created in response to the | 20 | | COVID-19 emergency, or any distributions or
items of income | 21 | | described under subparagraph (X) of
paragraph (2) of subsection | 22 | | (a) of Section 203 of the Illinois Income Tax
Act.
| 23 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 24 | | (305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
| 25 | | Sec. 6-2. Amount of aid. The amount and nature of General |
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| 1 | | Assistance
for basic maintenance requirements shall be | 2 | | determined in accordance
with local budget standards for local | 3 | | governmental units which do not receive
State funds. For local | 4 | | governmental units which do receive State funds,
the amount and | 5 | | nature of General Assistance for basic maintenance | 6 | | requirements
shall be determined in accordance with the | 7 | | standards, rules and regulations
of the Illinois Department. | 8 | | However,
the amount and nature of any
financial aid is not | 9 | | affected by the payment of any grant under the
Senior Citizens | 10 | | and Persons with Disabilities Property Tax Relief Act , any | 11 | | rebate authorized under Section 2201(a) of the Coronavirus Aid, | 12 | | Relief, and Economic Security Act (Public Law 116-136) or under | 13 | | any other federal economic stimulus program created in response | 14 | | to the COVID-19 emergency,
or any distributions or items of | 15 | | income described under subparagraph (X) of
paragraph (2) of | 16 | | subsection (a) of Section 203 of the Illinois Income Tax
Act. | 17 | | Due regard shall be given to the
requirements and the | 18 | | conditions existing in each case, and to the income,
money | 19 | | contributions and other support and resources available, from
| 20 | | whatever source. In local governmental units which do not | 21 | | receive State
funds, the grant shall be sufficient when added | 22 | | to all other income, money
contributions and support in excess | 23 | | of any excluded income or resources, to
provide the person with | 24 | | a grant in the amount established for such a person
by the | 25 | | local governmental unit based upon standards meeting basic
| 26 | | maintenance requirements. In local governmental units which
do |
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| 1 | | receive State funds, the grant shall be sufficient when added | 2 | | to all
other income, money contributions and support in excess | 3 | | of any excluded
income or resources, to provide the person with | 4 | | a grant in the amount
established for such a person by | 5 | | Department regulation based upon standards
providing a | 6 | | livelihood compatible with health and well-being, as directed
| 7 | | by Section 12-4.11 of this Code.
| 8 | | The Illinois Department may conduct special projects, | 9 | | which may be
known as Grant Diversion Projects, under which | 10 | | recipients of financial aid
under this Article are placed in | 11 | | jobs and their grants are diverted to the
employer who in turn | 12 | | makes payments to the recipients in the form of salary
or other | 13 | | employment benefits. The Illinois Department shall by rule | 14 | | specify
the terms and conditions of such Grant Diversion | 15 | | Projects. Such projects
shall take into consideration and be | 16 | | coordinated with the programs
administered under the Illinois | 17 | | Emergency Employment Development Act.
| 18 | | The allowances provided under Article IX for recipients | 19 | | participating in
the training and rehabilitation programs | 20 | | shall be in addition to such
maximum payment.
| 21 | | Payments may also be made to provide persons receiving | 22 | | basic
maintenance support with necessary treatment, care and | 23 | | supplies required
because of illness or disability or with | 24 | | acute medical treatment, care,
and supplies.
Payments for | 25 | | necessary or acute medical
care under
this paragraph may be | 26 | | made to or in behalf of the person. Obligations
incurred for |
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| 1 | | such services but not paid for at the time of a recipient's
| 2 | | death may be paid, subject to the rules and regulations of the | 3 | | Illinois
Department, after the death of the recipient.
| 4 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 5 | | (305 ILCS 5/6-10) (from Ch. 23, par. 6-10)
| 6 | | Sec. 6-10. Emergency financial assistance. Except in a | 7 | | city, village or
incorporated town of more than 500,000 | 8 | | population, when an applicant
resides in the local governmental | 9 | | unit in which he makes application,
emergency financial | 10 | | assistance to alleviate life-threatening circumstances
or to | 11 | | assist the individual in attaining self-sufficiency may be | 12 | | given to
or in behalf of the applicant. The emergency | 13 | | assistance so given shall be
by vendor payment in an amount | 14 | | necessary to meet the need, up to the maximum
established by | 15 | | the local governmental unit. Emergency assistance
shall not be | 16 | | granted under this Section more than once to any applicant
| 17 | | during any 12 consecutive month period. Persons currently | 18 | | receiving
financial assistance
under this Article or under any | 19 | | other Article of this Code shall not be eligible
for emergency | 20 | | financial assistance under this Section. However, the amount | 21 | | and nature of any emergency financial assistance is not | 22 | | affected by the payment of any rebate authorized under Section | 23 | | 2201(a) of the Coronavirus Aid, Relief, and Economic Security | 24 | | Act (Public Law 116-136) or under any other federal economic | 25 | | stimulus program created in response to the COVID-19 emergency. |
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| 1 | | Persons receiving
only medical assistance from the Illinois | 2 | | Department may, however, receive
emergency financial | 3 | | assistance under this Section. Emergency
financial assistance | 4 | | may be provided under this Section to persons who are
| 5 | | applicants for public aid from the Illinois Department in order | 6 | | to cover
time periods prior to receipt of public aid from the | 7 | | Illinois Department.
A local governmental unit may use General | 8 | | Assistance moneys to provide
emergency financial assistance | 9 | | under this Section but shall not use State
funds
to provide | 10 | | assistance
under this Section. If a local governmental unit | 11 | | receives State funds to
provide General Assistance under this | 12 | | Article, assistance provided by the
local governmental unit | 13 | | under
this Section shall not be considered in determining | 14 | | whether a local
governmental unit has qualified to receive | 15 | | State funds under Article XII.
A local governmental unit which | 16 | | provides assistance under this Section
shall not, as a result | 17 | | of payment of such assistance, change the nature or
amount of | 18 | | assistance provided to any other individual or family under | 19 | | this
Article.
| 20 | | (Source: P.A. 88-412.)
| 21 | | Section 35. The Housing Authorities Act is amended by | 22 | | changing Sections 8.2, 14, and 24 as follows:
| 23 | | (310 ILCS 10/8.2) (from Ch. 67 1/2, par. 8.2)
| 24 | | Sec. 8.2. Projects; competitive bidding; arrangement with |
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| 1 | | for-profit developer. An Authority has power to prepare, carry | 2 | | out and operate
projects; to provide for the construction, | 3 | | reconstruction, improvement,
alteration or repair of any | 4 | | project or any part thereof; to take over by
purchase, lease, | 5 | | or otherwise any project undertaken by any government;
to act | 6 | | as agent for the Federal government in connection with the
| 7 | | acquisition, construction, operation, or management of a | 8 | | project or any
part thereof; to arrange with any government | 9 | | within the area of
operation for the furnishing, planning, | 10 | | replanning, opening or closing
of streets, roads, roadways, | 11 | | alleys, parks, or other places of public
facilities or for the | 12 | | acquisition by any government or any agency,
instrumentality or | 13 | | subdivision thereof, of property, options or property
rights or | 14 | | for the furnishing of property or services in connection with
a | 15 | | project; to function as an agency of the city, village, | 16 | | incorporated
town or county for which it is constituted an | 17 | | Authority and to act as an
agent (when so designated) for any | 18 | | government, with respect to matters
relating to housing and the | 19 | | purposes of this Act, including action for
the elimination of | 20 | | unsafe and unsanitary dwellings, the provision of
rental | 21 | | assistance, the clearing and redevelopment of blighted or slum
| 22 | | areas, the assembly of improved and unimproved land for | 23 | | development or
redevelopment purposes, the conservation and | 24 | | rehabilitation of existing
housing, and the provision of | 25 | | decent, safe and sanitary and affordable
housing | 26 | | accommodations, and to utilize any and all of its powers to |
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| 1 | | assist
governments in any manner which will tend to further the | 2 | | objectives of this
Act; to assist through the exercise of the | 3 | | powers herein conferred any
individual, association, | 4 | | corporation or organization which presents a plan
for | 5 | | developing or redeveloping any property within the area of | 6 | | operation of
the Authority which will tend to provide decent, | 7 | | safe and sanitary and
affordable housing, or promote other uses | 8 | | essential to sound community growth.
| 9 | | In counties having a population of less than 1,000,000, any | 10 | | contract
in which State funds are used for repair, improvement | 11 | | or rehabilitation
of existing improvements that involves | 12 | | expenditures that meet the
requirements applicable to either | 13 | | federal or State programs shall be let by
free and competitive | 14 | | bidding to the lowest responsible bidder upon bond and
subject | 15 | | to regulations as may be set by the Department and with the | 16 | | written
approval of the Department. In the case of an emergency | 17 | | affecting the
public health or safety declared by a majority | 18 | | vote of the commissioners of
the Housing Authority, contracts | 19 | | may be let, to the extent necessary to
resolve an emergency, | 20 | | without public advertisement or competitive bidding.
| 21 | | In addition to the powers conferred by this Act and other | 22 | | laws concerning housing authorities, a Housing Authority in any | 23 | | municipality or county having a population in excess of | 24 | | 1,000,000 shall be authorized to participate as a partner or | 25 | | member of a partnership, limited liability company, joint | 26 | | venture, or other form of a business arrangement with a |
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| 1 | | for-profit developer or non-profit developer and shall have all | 2 | | powers deemed necessary and appropriate to engage in the | 3 | | rehabilitation and development or ownership, or both | 4 | | development and ownership, of low-income and mixed-income | 5 | | rental and for-sale housing as a partner or member of a | 6 | | partnership, limited liability company, or joint venture. | 7 | | (Source: P.A. 95-887, eff. 8-22-08.)
| 8 | | (310 ILCS 10/14) (from Ch. 67 1/2, par. 14)
| 9 | | Sec. 14. Approval of projects by Department. Prior to the | 10 | | acquisition of title to any real property an
Authority shall | 11 | | submit to the Department
data as to the location and cost of | 12 | | the property, and prior to the
undertaking of any construction | 13 | | or other initiation of a project an
Authority shall submit to | 14 | | the Department the
proposed plans, specifications and | 15 | | estimates of the costs and a
statement of the proposed methods | 16 | | of financing and operating the
project. An Authority shall not | 17 | | finally acquire title to any real
estate nor undertake the | 18 | | construction or operation of a project without
the approval of | 19 | | the Department; provided that, if the
Department shall fail | 20 | | within thirty days
after receipt thereof to state its | 21 | | disapproval of the proposals or such
modifications thereof as | 22 | | it may deem desirable, the proposals shall be
deemed to have | 23 | | been approved as submitted. No change involving an
expenditure | 24 | | of more than twenty-five hundred dollars ($2500) shall be
made | 25 | | in any proposal approved by the Department
without submission |
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| 1 | | to the Department
in the manner prescribed in this Section. The | 2 | | provisions of this
Section shall not apply with reference to | 3 | | any project which is or is to
be financed in whole or in part by | 4 | | the federal government or any agency
or instrumentality thereof | 5 | | or undertaken pursuant to the additional powers conferred in | 6 | | Section 8.2 upon housing authorities in any municipality or | 7 | | county having a population in excess of 1,000,000 pursuant to | 8 | | this amendatory Act of the 95th General Assembly .
| 9 | | (Source: P.A. 95-887, eff. 8-22-08.)
| 10 | | (310 ILCS 10/24) (from Ch. 67 1/2, par. 24)
| 11 | | Sec. 24. Management and operation of housing projects. It | 12 | | is hereby declared to be the policy of this State that each | 13 | | housing
authority shall manage and operate its housing projects | 14 | | in an efficient
manner so as to enable it to fix the rentals | 15 | | for dwellings at the lowest
possible rates consistent with its | 16 | | providing decent, safe and sanitary
and affordable dwellings, | 17 | | and that no Housing Authority shall construct
or operate any | 18 | | project for profit, or as a source of revenue to a city,
| 19 | | village, incorporated town or county. To this end an Authority | 20 | | shall fix
the rentals for dwellings in its projects at no | 21 | | higher rates than it shall
find to be necessary in order to | 22 | | produce revenues which (together with all
other available | 23 | | moneys, revenues, income and receipts of the Authority from
| 24 | | whatever sources derived) will be sufficient (a) to pay, as the | 25 | | same
becomes due, the principal and interest on the bonds of |
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| 1 | | the Authority; (b)
to meet and provide for the cost of | 2 | | maintaining and operating the projects
(including the cost of | 3 | | any insurance on the projects or bonds issued
therefor) and the | 4 | | administrative expenses of the Authority; (c) to create
(during | 5 | | not less than the ten years immediately succeeding its issuance | 6 | | of
any bonds) a reserve sufficient to meet the large principal | 7 | | and interest
payments which will be due on bonds in any 2 | 8 | | consecutive years
thereafter, and to maintain a reserve; and | 9 | | (d) to create a reasonable
reserve solely from any | 10 | | contributions or grants to the Authority from the
federal | 11 | | government, the State, or any political subdivision of the | 12 | | State
for the purpose of meeting the cost of maintaining and | 13 | | operating the
project and of paying the principal and interest | 14 | | on its bonds.
The management of low-rent public housing | 15 | | projects financed and developed
under the U.S. Housing Act of | 16 | | 1937, as now or hereafter amended, shall be
in accordance with | 17 | | the provisions of that Act. The provisions of this Section 24 | 18 | | shall not apply to any project undertaken pursuant to the | 19 | | additional powers conferred in Section 8.2 upon housing | 20 | | authorities in any municipality or county having a population | 21 | | in excess of 1,000,000 pursuant to this amendatory Act of the | 22 | | 95th General Assembly .
| 23 | | (Source: P.A. 95-887, eff. 8-22-08.)
| 24 | | Section 90. The State Mandates Act is amended by adding | 25 | | Section 8.44 as follows: |
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| 1 | | (30 ILCS 805/8.44 new) | 2 | | Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8 | 3 | | of this Act, no reimbursement by the State is required for the | 4 | | implementation of any mandate created by Section 4-7 of the | 5 | | Illinois Local Library Act or Section 30-55.60 of the Public | 6 | | Library District Act of 1991.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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