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| [ House Amendment 001 ] |
90_HB1025
New Act
Creates the High School Athletics Competitive Bidding
Act. Provides that public high schools may not pay
membership fees to an association that sponsors post-season
interscholastic athletic tournaments or competitions among
high schools, nor participate in those tournaments or
competitions, unless the sites at which those events are held
are selected by the association under contracts let by
competitive bidding. Provides that all high school
post-season tournaments and competitions are covered by the
Act, in all sports and all classes of competition, for both
boys and girls. Establishes procedures under which the
competitive bidding process is to be conducted, including
provisions relative to advertisements for bids. Provides
that if a contract entered into by the association has the
effect of prohibiting a high school from paying membership
fees to the association or from participating in a
post-season competition or tournament sponsored for high
schools by the association, the contract is inimical to the
public welfare and void. Adds a severability clause.
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1 AN ACT relating to sites for high school athletic
2 contests.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 High School Athletics Competitive Bidding Act.
7 Section 5. Prohibited conduct. No membership or other
8 dues or fees shall be paid by the governing body of any
9 public high school in this State to any association or other
10 entity that is primarily responsible for promoting,
11 sponsoring, regulating, and otherwise providing post-season
12 interscholastic athletic competitions or tournaments among
13 high schools located in this State or among the students of
14 those high schools, nor shall the governing board of any such
15 public high school participate in or sponsor or otherwise use
16 public funds to support participation by any of its students
17 in any such post-season interscholastic athletic competitions
18 or tournaments, unless all of the sites at which those
19 post-season interscholastic athletic competitions or
20 tournaments are held are selected by the association or
21 entity primarily responsible for promoting, sponsoring,
22 regulating, and otherwise providing those competitions or
23 tournaments through contracts let under the competitive
24 bidding procedure described in this Act.
25 Section 10. Application. The post-season
26 interscholastic athletic competitions or tournaments referred
27 to in Section 5 include tournaments and competitions for boys
28 and girls, in all sports (including but not limited to
29 basketball, football, baseball, soccer, and track and field)
30 and in each class of competition (when participation in a
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1 class is determined based upon the pupil enrollment of a high
2 school or school district).
3 Section 15. Contracts; competitive bidding. An
4 association or other entity that is primarily responsible for
5 promoting, sponsoring, regulating, and otherwise providing
6 post-season interscholastic athletic competitions or
7 tournaments as provided in Sections 5 and 10 (hereinafter in
8 this Act referred to as the "Association") shall select each
9 tournament or competition site by competitive bidding. The
10 Association shall select and award each tournament or
11 competition site by contract to the lowest responsible bidder
12 after advertising for bids. In determining the
13 responsibility of any bidder, the Association shall take into
14 account the past records of dealings with the bidder, the
15 bidder's experience, the quality and adequacy of facilities
16 and equipment available from the bidder, the adequacy of
17 parking, public transportation and security which the bidder
18 is able to provide, the quality and sufficiency of public
19 restaurants and lodging accommodations at the site proposed
20 by the bidder, public safety concerns, special incentives
21 available from the bidder, preservation of tournament
22 traditions, the bidder's ability to complete performance
23 within the time set, and the financial responsibility of the
24 bidder. However, in no case shall the Association award a
25 tournament or competition site selection contract to other
26 than the lowest responsible bidder unless that action is
27 accompanied by a statement in writing setting forth the
28 reasons for not awarding the contract to the lowest bidder,
29 which statement shall be kept on file in the principal office
30 of the Association and open to public inspection.
31 Section 20. Nature of bids. For purposes of this Act,
32 each of the entities that are to provide the facilities,
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1 services, and accommodations at a proposed tournament or
2 competition site shall be deemed to constitute a component
3 entity of a single bidder, and their individual bids shall be
4 submitted as part of a combined unit bid that is deemed made
5 by a single bidder with respect to the same proposed
6 tournament or competition site.
7 Section 25. Advertisements for bids. Advertisements for
8 bids shall be published at least twice in each daily
9 newspaper that (i) is published in a county having a
10 population in excess of 100,000 inhabitants, and (ii) has the
11 largest circulation within that county of the daily
12 newspapers that are published within that county. The last
13 publication shall be at least 45 calendar days before the
14 time for receiving bids. Such advertisements shall state the
15 time and place for receiving and opening of bids and, by
16 reference to specifications on file for receiving and opening
17 of bids and by reference to specifications on file at the
18 time of the first publication or in the advertisement itself,
19 shall describe the character of the proposed contract in
20 sufficient detail to fully advise prospective bidders of
21 their obligations and to insure free and open competitive
22 bidding.
23 All bids in response to advertisements shall be sealed
24 and shall be publicly opened by the Association, and all
25 bidders shall be entitled to be present in person or by
26 representatives. Bonds for faithful performance of the
27 contract with surety or sureties satisfactory to the
28 Association and adequate insurance may be required in
29 reasonable amounts to be fixed by the Association before
30 advertising for bids.
31 The contract shall be awarded as promptly as possible
32 after the opening of bids. The bid of the successful bidder,
33 as well as the bids of the unsuccessful bidders, shall be
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1 placed on file and be open to public inspection. All bids
2 shall be void if any disclosure of the terms of any bid in
3 response to an advertisement is made or permitted to be made
4 by the Association before the time fixed for opening bids.
5 Section 30. Invalidity of contracts. The General
6 Assembly hereby finds and declares that any contract entered
7 into by an association or other entity that, by reason of the
8 provisions of Section 5 of this Act, has the direct or
9 indirect effect of prohibiting the governing bodies of the
10 public high schools of this State from paying membership or
11 other dues or fees to that association or entity and from
12 participating in post-season interscholastic athletic
13 competitions or tournaments sponsored by that association or
14 entity for such high schools and their students is inimical
15 to the welfare of the students and schools of this State,
16 contrary to public policy, and void and of no legal force or
17 effect.
18 Section 35. Severability. The provisions of this Act
19 are severable under Section 1.31 of the Statute on Statutes.