SCH CD-CONTRACTS-LOCAL BIDDER
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HB 3232 — SCH CD-CONTRACTS-LOCAL BIDDER
Last action — Public Act . . . . . . . . . 98-0783
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 26, 2013. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the School Code. Exempts contracts awarded to a local contractor who is not the lowest responsible bidder, but who is a qualified bidder who has submitted a bid that does not exceed 2% over the lowest responsible bid received by the school board, from the requirement that a school board award all contracts for the purchase of supplies and materials or work involving an expenditure in excess of $25,000 to the lowest responsible bidder. Effective immediately.
Bill Text
What changed in the latest version
384 added · 170 removedPlain-language change summary
The amendments to Bill HB 3232 include the addition of new sections related to charter schools, specifically emphasizing protections against discrimination and limiting the number of charter schools that can operate in large cities to ensure that underserved students have access to these educational options. The changes also removed a provision about contracting procedures for supplies and services, which may streamline how schools manage their finances. These adjustments aim to promote equity in education while potentially reducing administrative burdens for school districts.
HB3232 EngrossedEnrolled LRB098 07648 NHT 37720 b AN ACT concerning education.
The School Code is amended by changing SectionSections 10-20.2127A-4 and 27A-5 and by adding Sections 27A-10.5 and 27A-10.10 as follows:
(105 ILCS 5/10-20.21)5/27A-4) Sec.
10-20.21.27A-4.
Contracts.General Provisions.
(a) ToThe awardGeneral allAssembly contractsdoes fornot purchaseintend ofto suppliesalter and materials or workamend involving an expenditure in excess of $25,000 or a lower amount as required by board policy to the lowestprovisions responsible bidder, considering conformity with specifications, terms of delivery,any qualitycourt-ordered anddesegregation serviceability,plan afterin dueeffect advertisement,for exceptany theschool following:district.
(i)A contractscharter forschool theshall servicesbe ofsubject individualsto possessingall afederal highand degreeState oflaws professionaland skillconstitutional whereprovisions theprohibiting abilitydiscrimination oron fitnessthe basis of thedisability, individualrace, playscreed, ancolor, importantgender, part;national origin, religion, ancestry, marital status, or need for special education services.
(ii)(b) contractsThe fortotal thenumber printing of financecharter committeeschools reportsoperating andunder departmentalthis reports;Article at any one time shall not exceed 120.
(iii)Not contractsmore forthan the70 printingcharter schools shall operate at any one time in any city having a population exceeding 500,000, with at least 5 charter schools devoted exclusively to students from low-performing or engravingovercrowded ofschools bonds,operating taxat warrantsany andone othertime evidencesin ofthat indebtedness;city;
(iv)and contractsnot formore than 45 charter schools shall HB3232 Enrolled - 2 - LRB098 07648 NHT 37720 b operate at any one time in the purchaseremainder of perishablethe foodsState, andwith perishablenot beverages;more than one charter school that has been initiated by a board of education, or by an intergovernmental agreement between or among boards of education, operating at any one time in the school district where the charter school is located.
(v)In contractsaddition forto materialsthese andcharter workschools, whichup have been awarded to thebut lowestno responsiblemore bidderthan after5 duecharter advertisement,schools butdevoted dueexclusively to unforeseenre-enrolled revisions,high notschool thedropouts faultand/or HB3232students Engrossed16 -or 215 -years LRB098old 07648at NHTrisk 37720 b of thedropping contractorout formay materialsoperate andat work,any mustone betime revised causing expenditures not in excessany ofcity 10%having ofa thepopulation contractexceeding price;500,000.
(vi)Notwithstanding contractsany for the maintenance or servicing of, or provision ofto repair parts for, equipment which are made with the manufacturercontrary orin authorizedsubsection service(b) agent of thatSection equipment27A-5 where the provision of parts,this maintenance,Code, oreach servicingsuch candropout bestcharter bemay performedoperate byup theto manufacturer15 orcampuses authorizedwithin servicethe agent;city.
(vii)Any purchasesof andthese contractsdropout forcharters may have a maximum of 1,875 enrollment seats, any one of the use,campuses purchase,of delivery,the movement,dropout orcharter installationmay have a maximum of data165 processingenrollment equipment,seats, software,and each campus of the dropout charter must be operated, through a contract or servicespayroll, andby telecommunicationsthe andsame interconnectlegal equipment,entity software,as that for which the charter is approved and services;certified.
(viii)For contractspurposes of implementing this Section, the State Board shall assign a number to each charter submission it receives under Section 27A-6 for duplicatingits machinesreview and supplies;certification, based on the chronological order in which the submission is received by it.
(ix)The contractsState forBoard theshall purchasepromptly ofnotify naturallocal gasschool boards when the costmaximum isnumbers lessof thancertified thatcharter offeredschools byauthorized ato publicoperate utility;have been reached.
(x)(c) purchasesNo ofcharter equipmentshall previouslybe ownedgranted byunder somethis entityArticle otherthat thanHB3232 theEnrolled district- itself;3 - LRB098 07648 NHT 37720 b would convert any existing private, parochial, or non-public school to a charter school.
(xi)(d) contractsEnrollment forin repair,a maintenance,charter remodeling,school renovation,shall orbe construction,open orto aany singlepupil projectwho involvingresides anwithin expenditurethe notgeographic toboundaries exceedof $50,000the andarea notserved involvingby the local school board, provided that the board of education in a changecity orhaving increasea population exceeding 500,000 may designate attendance boundaries for no more than one-third of the charter schools permitted in the size,city type,if orthe extentboard of aneducation existingdetermines facility;that attendance boundaries are needed to relieve overcrowding or to better serve low-income and at-risk students.
(xii)Students contractsresiding within an attendance boundary may be given priority for goodsenrollment, orbut servicesmust procurednot frombe anotherrequired governmentalto agency;attend the charter school.
(xiii)(e) contractsNothing forin goodsthis orArticle servicesshall whichprevent are2 economicallyor procurablemore local school boards from onlyjointly oneissuing source,a suchcharter asto fora thesingle purchaseshared ofcharter magazines,school, books,provided periodicals,that pamphletsall andof reports,the andprovisions forof utilitythis servicesArticle suchare met as water,to light,those heat,local telephoneschool orboards. telegraph;
(xiv)(f) whereNo fundslocal areschool expendedboard inshall anrequire emergencyany andemployee suchof emergencythe HB3232school Engrosseddistrict -to 3be -employed LRB098in 07648a NHTcharter 37720school. b expenditure is approved by 3/4 of the members of the board;
(xv)(g) StateNo masterlocal contractsschool authorizedboard undershall Articlerequire 28Aany pupil residing within the geographic boundary of thisits Code;district to enroll in a charter school.
and(h) (xvi)If contractsthere providingare formore theeligible transportationapplicants offor pupils,enrollment whichin contractsa mustcharter beschool advertisedthan inthere theare samespaces manneravailable, assuccessful competitiveapplicants bidsshall andbe awardedselected by firstlottery. considering the bidder or bidders most able to provide safety and comfort for the pupils, stability of service, and any other factors set forth in the request for proposal regarding quality of service, and then price;
andHowever, (xvii)priority contractsshall awardedbe given to asiblings contractorof locatedpupils enrolled in the countycharter whereHB3232 theEnrolled school- district4 or- anyLRB098 portion07648 ofNHT the37720 b school districtand isto situatedpupils who iswere notenrolled in the lowestcharter bidder,school butthe whoprevious isschool ayear, responsibleunless bidderexpelled whofor qualifiescause, underand thispriority Sectionmay andbe whogiven hasto submittedpupils aresiding bidwithin thatthe doescharter notschool's exceedattendance 2%boundary, overif thea lowestboundary responsiblehas bidbeen receiveddesignated by the board.board of education in a city having a population exceeding 500,000.
However,Beginning atwith nostudent timeenrollment shallfor athe cause2015-2016 of action lie against a school boardyear, forany awardinglottery arequired pupilunder transportation contract per the standards set forth in this subsection (a)(h) unlessmust thebe causeadministered ofand actionvideotaped isby basedthe oncharter fraudulentschool. conduct.
AllThe competitiveauthorizer bids for contracts involving an expenditure in excess of $25,000 or aits lowerdesignee amount as required by board policy must be sealedallowed byto the bidder and must be openedpresent by a member or employeeview of the schoollottery boardin atreal atime. public bid opening at which the contents of the bids must be announced.
EachThe biddercharter school must receivemaintain ata leastvideotaped 3record days' notice of the timelottery, andincluding placea oftime/date thestamp. bid opening.
ForThe purposescharter ofschool thisshall Sectiontransmit duecopies advertisementof includes, but is not limited to, at least one HB3232 Engrossed - 4 - LRB098 07648 NHT 37720 b public notice at least 10 days before the bidvideotape dateand inall arecords newspaperrelating publishedto in the district,lottery orto if no newspaper is published in the district,authorizer inon aor newspaperbefore ofSeptember general1 circulation in the area of theeach district.year.
StateSubject masterto contractsthe andrequirements certifiedfor educationpriority purchasingapplicant contracts,groups asset definedforth in Articleparagraph 28A(1) of this Code,subsection are(h), notany subjectlottery torequired theunder requirementsthis ofsubsection this(h) paragraph.must be administered in a way that provides each student an equal chance at admission.
UnderIf thisan Section,authorizer themakes acceptancea ofdetermination bidsthat sealeda bycharter aschool's bidderlottery andis thein openingviolation of thesethis bidssubsection at(h), ait public bid opening may beadminister permittedthe bylottery andirectly. electronic process for communicating, accepting, and opening competitive bids.
However,After bidsa forlottery, constructioneach purposesstudent arerandomly prohibitedselected fromfor beingadmission communicated,to accepted,the orcharter openedschool electronically.must be notified.
AnCharter electronicschools biddingmay not create an admissions process mustsubsequent provideto for,a butlottery isthat notmay limitedoperate to,as thea followingbarrier safeguards:to registration or enrollment.
(1)HB3232 OnEnrolled the- date5 and- timeLRB098 certain07648 ofNHT a37720 bidb opening,Charter theschools primarymay personundertake conductingadditional theintake competitive,activities, sealed,including electronicwithout bidlimitation processstudent shallessays, logschool-parent ontocompacts, aor specifiedopen databasehouses, usingbut ain uniqueno usernameevent andmay passworda previouslycharter assignedschool torequire theparticipation bidderin tothese allowactivities accessas toa thecondition bidder'sof specificenrollment. bid project number.
(2)A Thecharter specifiedschool electronic database must besubmit onan aupdated networkwaitlist thatto (i)the isauthorizer inon a securequarterly environmentbasis. behind a firewall;
(ii)A haswaitlist specificmust encryptionbe tools;submitted to the authorizer at the same time as quarterly financial statements, if quarterly financial statements are required by the authorizer.
(iii)Dual maintainsenrollment specificat intrusionboth detectiona systems;charter school and a public school or non-public school shall not be allowed.
(iv)A haspupil redundantwho systemsis architecturesuspended withor dataexpelled storagefrom back-up,a HB3232charter Engrossedschool -shall 5be -deemed LRB098to 07648be NHTsuspended 37720or bexpelled whetherfrom bythe compactpublic discschools orof tape;the school district in which the pupil resides.
andNotwithstanding (v)anything maintainsto athe disastercontrary recoveryin plan.this subsection (h):
It(1) isany thecharter legislativeschool intentwith ofa Publicmission Actexclusive 96-841to educating high school dropouts may grant priority admission to maintainstudents thewho integrityare ofhigh theschool sealeddropouts biddingand/or processstudents provided16 foror in15 thisyears Section,old toat furtherrisk limitof dropping out and any possibilitycharter ofschool bid-rigging,with a mission exclusive to reduceeducating administrativestudents costsfrom tolow-performing schoolor districts,overcrowded andschools may restrict admission to effectstudents efficiencieswho inare communicationsfrom withlow-performing bidders.or overcrowded schools;
(b)"priority Toadmission" require, as a condition of any contract for goodscharter andschools services,exclusively thatdevoted personsto biddingre-enrolled fordropouts andor awardedstudents aat contractrisk and all affiliates of thedropping personout collectmeans anda remitminimum Illinois Use Tax on all sales of tangible90% personal property into the State of Illinoisstudents inenrolled accordanceshall withbe thehigh provisionsschool ofdropouts; the Illinois Use Tax Act regardless of whether the person or affiliate is a "retailer maintaining a place of business within this State" as defined in Section 2 of the Use Tax Act.
Forand purposesHB3232 ofEnrolled this- Section,6 the- termLRB098 "affiliate"07648 meansNHT 37720 b (2) any entitycharter thatschool (1)located directly,in indirectly,a school district that contains all or constructivelypart controlsof anothera entity,federal (2)military isbase directly,may indirectly,set oraside constructivelyup controlledto by33% anotherof entity,its orcurrent (3)charter isenrollment to students with parents assigned to the federal military base, with the remaining 67% subject to the controlgeneral enrollment and lottery requirements of asubsection common(d) entity.of this Section and this subsection (h);
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Forif purposesa ofstudent thiswith subsectiona (b),parent anassigned entityto controlsthe anotherfederal entitymilitary ifbase itwithdraws owns,from directlythe orcharter individually,school moreduring thanthe 10%course of a school year for reasons other than grade promotion, those students with parents assigned to the votingfederal securitiesmilitary ofbase thatshall entity.have preference in filling the vacancy.
As(i) used(Blank). in this subsection (b), the term "voting security" means a security that (1) confers upon the holder the right to vote for the election of members of the board of directors or similar governing body of the business or (2) is HB3232 Engrossed - 6 - LRB098 07648 NHT 37720 b convertible into, or entitles the holder to receive upon its exercise, a security that confers such a right to vote.
A(j) generalNotwithstanding partnershipany interestother isprovision of law to the contrary, a votingschool security.district in a city having a population exceeding 500,000 shall not have a duty to collectively bargain with an exclusive representative of its employees over decisions to grant or deny a charter school proposal under Section 27A-8 of this Code, decisions to renew or revoke a charter under Section 27A-9 of this Code, and the impact of these decisions, provided that nothing in this Section shall have the effect of negating, abrogating, replacing, reducing, diminishing, or limiting in any way employee rights, guarantees, or privileges granted in Sections 2, 3, 7, 8, 10, 14, and 15 of the Illinois Educational Labor Relations Act.
To(k) requireIn that bids and contracts include a certification by the bidder or contractor that the bidder or contractor is not barred from bidding for or entering into a contract under this SectionSection: and that the bidder or contractor acknowledges that the school board may declare the contract void if the certification completed pursuant to this subsection (b) is false.
(b-5)HB3232 ToEnrolled require- all7 contracts- andLRB098 agreements07648 thatNHT pertain37720 tob goods"Low-performing andschool" servicesmeans anda thatpublic areschool intendedin toa generateschool additionaldistrict revenueorganized andunder otherArticle remunerations34 forof thethis schoolCode districtthat enrolls students in excessany of $1,000,grades includingkindergarten withoutthrough limitation8 vendingand machinethat contracts,is sportsranked andwithin otherthe attire,lowest class10% rings,of andschools photographicin services,that todistrict bein approvedterms byof the schoolpercentage board.of students meeting or exceeding standards on the Illinois Standards Achievement Test.
The"Overcrowded school" means a public school boardin shalla fileschool asdistrict anorganized attachmentunder toArticle its34 annualof budgetthis aCode report,that (i) enrolls students in aany formof asgrades determinedkindergarten bythrough the8, State(ii) Boardhas a percentage of Education,low-income indicatingstudents forof the70% prioror yearmore, theas nameidentified ofin the vendor,most therecently productavailable orSchool serviceReport provided,Card andpublished by the actualState netBoard revenueof Education, and non-monetary(iii) remunerationis fromdetermined eachby the Chicago Board of Education to be in the contractsmost orseverely agreements.overcrowded 5% of schools in the district.
InOn addition,or before November 1 of each year, the reportChicago Board of Education shall indicatefile fora whatreport purposewith the revenueState wasBoard usedof andEducation howon andwhich toschools whomin the non-monetarydistrict remunerationmeet wasthe distributed.definition of "overcrowded school".
(c)"Students Ifat therisk Stateof educationdropping purchasingout" entitymeans createsstudents a16 masteror contract15 asyears definedold in Articlea 28Apublic ofschool thisin Code,a thendistrict HB3232organized Engrossedunder -Article 734 -of LRB098this 07648Code NHTthat 37720enrolls bstudents thein Stateany educationgrades purchasing9-12 entitywho shallhave notifybeen absent at least 90 school districtsattendance days of the existenceprevious of180 theschool masterattendance contract.days.
(d)(l) InFor purchasingadvertisements supplies,created materials,after equipment,the oreffective servicesdate thatof arethis notamendatory subjectAct toof subsectionthe (c)98th ofGeneral thisAssembly, Section,any beforeadvertisement, including a schoolradio, districttelevision, solicitsprint, bidsInternet, social media, or awardsbillboard advertisement, purchased by a contract,school theHB3232 districtEnrolled may- review8 and- considerLRB098 as07648 aNHT bid37720 underb subsectiondistrict (a)or ofpublic thisschool, Sectionincluding certifieda educationcharter purchasingschool, contractswith thatpublic arefunds alreadymust availableinclude througha disclaimer stating that the Stateadvertisement educationwas purchasingpaid entity.for using public funds.
This disclaimer requirement does not extend to materials created by the charter school, including, but not limited to, a school website, informational pamphlets or leaflets, or clothing with affixed school logos.
96-392,97-151, eff.
1-1-10;1-1-12;
96-841,97-624, eff.
12-23-09;11-28-11;
96-1000,97-813, eff.
7-2-10;7-13-12;
97-951,98-474, eff.
8-13-12.)8-16-13.) Section(105 99.ILCS 5/27A-5) Sec.
Effective27A-5. date.
ThisCharter Actschool; takes effect upon becoming law.
legal entity;
requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home based, and non-profit school.
A charter school shall be organized and operated as a nonprofit corporation or other discrete, legal, nonprofit entity authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new school or by converting an existing public school or attendance center to charter school status.
Beginning on the effective date of this amendatory Act of the 93rd General Assembly, in all new applications submitted to the State Board or a local school board to establish a charter school in a city having a population exceeding 500,000, operation of the charter school shall be limited to one campus.
The changes made to this Section by this amendatory Act of the HB3232 Enrolled - 9 - LRB098 07648 NHT 37720 b 93rd General Assembly do not apply to charter schools existing or approved on or before the effective date of this amendatory Act.
(b-5) In this subsection (b-5), "virtual-schooling" means the teaching of courses through online methods with online instructors, rather than the instructor and student being at the same physical location.
"Virtual-schooling" includes without limitation instruction provided by full-time, online virtual schools.
From April 1, 2013 through April 1, 2014, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code.
This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.
On or before March 1, 2014, the Commission shall submit to the General Assembly a report on the effect of virtual-schooling, including without limitation the effect on student performance, the costs associated with virtual-schooling, and issues with oversight.
The report shall include policy recommendations for virtual-schooling.
(c) A charter school shall be administered and governed by its board of directors or other governing body in the manner HB3232 Enrolled - 10 - LRB098 07648 NHT 37720 b provided in its charter.
The governing body of a charter school shall be subject to the Freedom of Information Act and the Open Meetings Act.
(d) A charter school shall comply with all applicable health and safety requirements applicable to public schools under the laws of the State of Illinois.
(e) Except as otherwise provided in the School Code, a charter school shall not charge tuition;
provided that a charter school may charge reasonable fees for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation of its fiscal affairs including, but not limited to, the preparation of its budget.
An audit of each charter school's finances shall be conducted annually by an outside, independent contractor retained by the charter school.
To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and Annually, by December 1, every charter school must submit to the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service.
In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.
(g) A charter school shall comply with all provisions of HB3232 Enrolled - 11 - LRB098 07648 NHT 37720 b this Article, the Illinois Educational Labor Relations Act, and its charter.
A charter school is exempt from all other State laws and regulations in the School Code governing public schools and local school board policies, except the following:
(1) Sections 10-21.9 and 34-18.5 of the School Code regarding criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database of applicants for employment;
(2) Sections 24-24 and 34-84A of the School Code regarding discipline of students;
(3) The Local Governmental and Governmental Employees Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;
(5) The Abused and Neglected Child Reporting Act;
(6) The Illinois School Student Records Act;
(7) Section 10-17a of the School Code regarding school report cards;
and (8) The P-20 Longitudinal Education Data System Act.
The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a school district, the governing body of a State college or university or public community college, or any other public or HB3232 Enrolled - 12 - LRB098 07648 NHT 37720 b for-profit or nonprofit private entity for:
(i) the use of a school building and grounds or any other real property or facilities that the charter school desires to use or convert for use as a charter school site, (ii) the operation and maintenance thereof, and (iii) the provision of any service, activity, or undertaking that the charter school is required to perform in order to carry out the terms of its charter.
However, a charter school that is established on or after the effective date of this amendatory Act of the 93rd General Assembly and that operates in a city having a population exceeding 500,000 may not contract with a for-profit entity to manage or operate the school during the period that commences on the effective date of this amendatory Act of the 93rd General Assembly and concludes at the end of the 2004-2005 school year.
Except as provided in subsection (i) of this Section, a school district may charge a charter school reasonable rent for the use of the district's buildings, grounds, and facilities.
Any services for which a charter school contracts with a school district shall be provided by the district at cost.
Any services for which a charter school contracts with a local school board or with the governing body of a State college or university or public community college shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an existing school or attendance center to charter school status be required to pay rent for space that is HB3232 Enrolled - 13 - LRB098 07648 NHT 37720 b deemed available, as negotiated and provided in the charter agreement, in school district facilities.
However, all other costs for the operation and maintenance of school district facilities that are used by the charter school shall be subject to negotiation between the charter school and the local school board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is approved by the Commission, then the Commission charter school is its own local education agency.
(Source:
P.A.
97-152, eff.
7-20-11;
97-154, eff.
1-1-12;
97-813, eff.
7-13-12;
98-16, eff.
5-24-13.) (105 ILCS 5/27A-10.5 new) Sec.
27A-10.5.
Educational or charter management organization.
(a) In this Section:
"CMO" means a charter management organization.
"EMO" means an educational management organization.
(b) All authorizers shall ensure that any charter school established on or after the effective date of this amendatory Act of the 98th General Assembly has a governing body that is separate and distinct from the governing body of any CMO or EMO.
In reviewing charter applications and charter renewal applications, authorizers shall review the governance model HB3232 Enrolled - 14 - LRB098 07648 NHT 37720 b proposed by the applicant to ensure that there are no conflicts of interest.
(c) No charter school may employ a staff person who is simultaneously employed by an EMO or CMO.
(105 ILCS 5/27A-10.10 new) Sec.
27A-10.10.
Closure of charter school;
unspent public funds;
procedures for the disposition of property and assets.
(a) Upon the closing of a charter school authorized by one or more local school boards, the governing body of the charter school or its designee shall refund to the chartering entity or entities all unspent public funds.
The charter school's other property and assets shall be disposed of under the provisions of the charter application and contract.
If the application and contract are silent or ambiguous as to the disposition of any of the school's property or assets, any property or assets of the charter school purchased with public funds shall be returned to the school district or districts from which the charter school draws enrollment, at no cost to the receiving district or districts, subject to each district's acceptance of the property or asset.
Any unspent public funds or other property or assets received by the charter school directly from any State or federal agency shall be refunded to or revert back to that State or federal agency, respectively.
(b) Upon the closing of a charter school authorized by the Commission, the governing body of the charter school or its HB3232 Enrolled - 15 - LRB098 07648 NHT 37720 b designee shall refund all unspent public funds to the State Board of Education.
The charter school's other property and assets shall be disposed of under the provisions of the charter application and contract.
If the application and contract are silent or ambiguous as to the disposition of any of the school's property or assets, any property or assets of the charter school purchased with public funds shall be returned to the school district or districts from which the charter school draws its enrollment, at no cost to the receiving district or districts, subject to each district's acceptance of the property or asset.
Any unspent public funds or other property or assets provided by a State agency other than the State Board of Education or by a federal agency shall be refunded to or revert back to that State or federal agency, respectively.
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Action History
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Public Act . . . . . . . . . 98-0783
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Effective Date January 1, 2015
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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House Concurs
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Senate Floor Amendment No. 2 House Concurs 101-012-001
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Added Co-Sponsor Rep. Esther Golar
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Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Elementary & Secondary Education Committee; 011-000-000
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Added Co-Sponsor Rep. Robert W. Pritchard
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Added Co-Sponsor Rep. Kenneth Dunkin
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Added Co-Sponsor Rep. Fred Crespo
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Added Co-Sponsor Rep. Camille Y. Lilly
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Added Co-Sponsor Rep. Marcus C. Evans, Jr.
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Added Co-Sponsor Rep. Rita Mayfield
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Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Elementary & Secondary Education Committee
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Added Co-Sponsor Rep. Frances Ann Hurley
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Added Chief Co-Sponsor Rep. Christian L. Mitchell
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Remove Chief Co-Sponsor Rep. Norine Hammond
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Remove Chief Co-Sponsor Rep. Michael Unes
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Added Chief Co-Sponsor Rep. Monique D. Davis
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Added Chief Co-Sponsor Rep. Linda Chapa LaVia
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Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
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Senate Floor Amendment No. 2 Motion Filed Concur Rep. Emanuel Chris Welch
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Chief Sponsor Changed to Rep. Emanuel Chris Welch
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Placed on Calendar Order of Concurrence Senate Amendment(s) 2
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Arrived in House
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Third Reading - Passed; 044-000-000
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Placed on Calendar Order of 3rd Reading May 22, 2014
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Senate Floor Amendment No. 2 Adopted; Collins
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Senate Floor Amendment No. 1 Withdrawn by Sen. Jacqueline Y. Collins
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Second Reading
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Senate Floor Amendment No. 2 Be Approved for Consideration Assignments
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Senate Floor Amendment No. 1 Recommend Do Adopt Education; 013-000-000
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Senate Floor Amendment No. 2 Referred to Assignments
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Senate Floor Amendment No. 2 Filed with Secretary by Sen. Jacqueline Y. Collins
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Senate Floor Amendment No. 1 Assignments Refers to Education
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Senate Floor Amendment No. 1 Referred to Assignments
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Senate Floor Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
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Placed on Calendar Order of 2nd Reading May 19, 2014
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Approved for Consideration Assignments
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Alternate Chief Sponsor Changed to Sen. Jacqueline Y. Collins
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Pursuant to Senate Rule 3-9(b) / Referred to Assignments
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Rule 2-10 Third Reading Deadline Established As May 31, 2013
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Placed on Calendar Order of 2nd Reading May 9, 2013
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Do Pass Education; 012-000-000
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Postponed - Education
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Assigned to Education
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Referred to Assignments
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First Reading
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Chief Senate Sponsor Sen. David Koehler
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Placed on Calendar Order of First Reading April 17, 2013
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Arrive in Senate
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Added Chief Co-Sponsor Rep. Norine Hammond
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Added Chief Co-Sponsor Rep. Michael Unes
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Third Reading - Short Debate - Passed 075-040-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Elementary & Secondary Education Committee; 013-000-000
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House Committee Amendment No. 1 Adopted in Elementary & Secondary Education Committee; by Voice Vote
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House Committee Amendment No. 1 Rules Refers to Elementary & Secondary Education Committee
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House Committee Amendment No. 1 Referred to Rules Committee
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House Committee Amendment No. 1 Filed with Clerk by Rep. Jehan A. Gordon-Booth
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Assigned to Elementary & Secondary Education Committee
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Jehan A. Gordon-Booth
Sponsors
- Emanuel "Chris" Welch · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on · 12 voted No
Sponsors (0)
None.
Co-sponsors (1)
- Emanuel "Chris" Welch Democrat
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 72 | 8 | 0 | 3 |
| Democrat | 24 | 1 | 0 | 2 |
| Republican | 5 | 3 | 0 | 0 |
| Total | 101 | 12 | 0 | 5 |
| % of votes cast | 86% | 10% | 0% | 4% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Acevedo | — | Yea |
| Anthony | — | Not Voting |
| Arroyo | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brown | — | Yea |
| Conroy | — | Yea |
| McAsey | — | Yea |
| Costello | — | Nay |
| Golar | — | Yea |
| Hurley | — | Yea |
| Jakobsson | — | Yea |
| Jefferson | — | Yea |
| Kosel | — | Yea |
| Lang | — | Yea |
| McAuliffe | — | Yea |
| McSweeney | — | Yea |
| Senger | — | Yea |
| Sente | — | Yea |
| Smiddy | — | Yea |
| Soto | — | Yea |
| Stewart | — | Yea |
| Bradley | — | Yea |
| Brady | — | Yea |
| Mitchell, Bill | — | Yea |
| Drury | — | Yea |
| Dunkin | — | Yea |
| Durkin | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Burke, Daniel | — | Yea |
| Sullivan | — | Yea |
| Mitchell, Christian | — | Yea |
| Burke, Kelly | — | Yea |
| Leitch | — | Nay |
| Madigan | — | Not Voting |
| Moffitt | — | Yea |
| Harris, David | — | Yea |
| Harris, Greg | — | Yea |
| Nekritz | — | Yea |
| Pihos | — | Yea |
| Sommer | — | Nay |
| Hernandez | — | Yea |
| Tabares | — | Yea |
| Thapedi | — | Not Voting |
| Wheeler | — | Yea |
| Tryon | — | Yea |
| Williams | — | Yea |
| Turner | — | Yea |
| Unes | — | Yea |
| Davis, Monique | — | Yea |
| Jones | — | Yea |
| Verschoore | — | Yea |
| Willis | — | Yea |
| Yingling | — | Yea |
| Zalewski | — | Yea |
| Cavaletto | — | Yea |
| Cloonen | — | Nay |
| Cross | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Demmer | — | Nay |
| Franks | — | Nay |
| Harms | — | Yea |
| Hatcher | — | Yea |
| Hays | — | Yea |
| Ives | — | Nay |
| Jackson | — | Yea |
| Kay | — | Nay |
| Osmond | — | Yea |
| Phelps | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Sandack | — | Yea |
| Schmitz | — | Yea |
| Chapa LaVia | — | Yea |
| Anna Moeller | Democrat | Yea |
| Anthony DeLuca | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Not Voting |
| Julie A. Morrison | Democrat | Nay |
| Kelly M. Cassidy | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Laura Fine | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Not Voting |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Halbrook | Republican | Nay |
| Charles Meier | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Jil Tracy | Republican | Nay |
| Joe C. Sosnowski | Republican | Nay |
| John M. Cabello | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Wayne A. Rosenthal | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 31 | 0 | 0 | 12 |
| Democrat | 13 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 3 |
| Total | 44 | 0 | 0 | 15 |
| % of votes cast | 75% | 0% | 0% | 25% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Kotowski | — | Yea |
| Landek | — | Yea |
| Luechtefeld | — | Not Voting |
| Althoff | — | Not Voting |
| Martinez | — | Yea |
| Barickman | — | Yea |
| Bertino-Tarrant | — | Yea |
| Biss | — | Yea |
| Bivins | — | Not Voting |
| McCann | — | Yea |
| LaHood | — | Not Voting |
| Link | — | Yea |
| Manar | — | Yea |
| Harris | — | Yea |
| McCarter | — | Not Voting |
| McConnaughay | — | Not Voting |
| Mulroe | — | Yea |
| Muñoz | — | Yea |
| Noland | — | Yea |
| McGuire | — | Yea |
| Radogno | — | Not Voting |
| Sullivan | — | Yea |
| Jacobs | — | Yea |
| Cullerton, T. | — | Yea |
| Raoul | — | Yea |
| Cullerton | — | Yea |
| Silverstein | — | Yea |
| Steans | — | Yea |
| Brady | — | Not Voting |
| Trotter | — | Yea |
| Bush | — | Yea |
| Clayborne | — | Yea |
| Connelly | — | Not Voting |
| Dillard | — | Yea |
| Duffy | — | Not Voting |
| Forby | — | Not Voting |
| Frerichs | — | Yea |
| Haine | — | Yea |
| Hutchinson | — | Yea |
| Oberweis | — | Yea |
| Righter | — | Not Voting |
| Sandoval | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Not Voting |
| Dave Syverson | Republican | Not Voting |
| Sue Rezin | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 54 | 29 | 0 | 2 |
| Democrat | 19 | 5 | 0 | 1 |
| Republican | 2 | 6 | 0 | 0 |
| Total | 75 | 40 | 0 | 3 |
| % of votes cast | 64% | 34% | 0% | 3% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Lang | — | Yea |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Nay |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Bost | — | Yea |
| Brauer | — | Nay |
| Brown | — | Nay |
| McAsey | — | Yea |
| Costello | — | Nay |
| Drury | — | Nay |
| Fortner | — | Yea |
| Hatcher | — | Nay |
| Jackson | — | Yea |
| Jakobsson | — | Yea |
| Jefferson | — | Yea |
| Leitch | — | Yea |
| McAuliffe | — | Yea |
| Mell | — | Yea |
| Moffitt | — | Yea |
| Nekritz | — | Yea |
| Roth | — | Yea |
| Soto | — | Yea |
| Bradley | — | Yea |
| Tabares | — | Yea |
| Thapedi | — | Yea |
| Burke, Daniel | — | Yea |
| Turner | — | Yea |
| Burke, Kelly | — | Yea |
| Sullivan | — | Yea |
| Mitchell, Christian | — | Yea |
| Unes | — | Yea |
| Harris, David | — | Yea |
| Harris, Greg | — | Yea |
| Hernandez | — | Yea |
| Verschoore | — | Yea |
| Durkin | — | Yea |
| Farnham | — | Yea |
| Flowers | — | Yea |
| Golar | — | Yea |
| Kosel | — | Yea |
| Madigan | — | Yea |
| McSweeney | — | Nay |
| Williams | — | Yea |
| Davis, Monique | — | Yea |
| Jones | — | Yea |
| Brady | — | Nay |
| Phelps | — | Yea |
| Sente | — | Nay |
| Smiddy | — | Nay |
| Mitchell, Bill | — | Nay |
| Sommer | — | Nay |
| Tryon | — | Nay |
| Willis | — | Nay |
| Yingling | — | Nay |
| Zalewski | — | Yea |
| Wheeler | — | Nay |
| Cavaletto | — | Nay |
| Cloonen | — | Nay |
| Conroy | — | Nay |
| Cross | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Demmer | — | Nay |
| Dunkin | — | Yea |
| Franks | — | Nay |
| Harms | — | Nay |
| Hays | — | Nay |
| Hurley | — | Yea |
| Ives | — | Nay |
| Kay | — | Nay |
| Osmond | — | Nay |
| Pihos | — | Nay |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Nay |
| Riley | — | Not Voting |
| Sacia | — | Yea |
| Sandack | — | Yea |
| Schmitz | — | Nay |
| Senger | — | Yea |
| Chapa LaVia | — | Not Voting |
| Anthony DeLuca | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Julie A. Morrison | Democrat | Not Voting |
| Kelly M. Cassidy | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Laura Fine | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Martin J. Moylan | Democrat | Nay |
| Michelle Mussman | Democrat | Nay |
| Natalie A. Manley | Democrat | Nay |
| Nicholas K. Smith | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Nay |
| Sue Scherer | Democrat | Nay |
| William "Will" Davis | Democrat | Yea |
| Brad Halbrook | Republican | Nay |
| Charles Meier | Republican | Nay |
| Christopher "C.D." Davidsmeyer | Republican | Nay |
| Jil Tracy | Republican | Nay |
| Joe C. Sosnowski | Republican | Nay |
| John M. Cabello | Republican | Nay |
| Norine K. Hammond | Republican | Yea |
| Wayne A. Rosenthal | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 3232 do?
- Amends the School Code. Exempts contracts awarded to a local contractor who is not the lowest responsible bidder, but who is a qualified bidder who has submitted a bid that does not exceed 2% over the lowest responsible bid received by the school board, from the requirement that a school board award all contracts for the purchase of supplies and materials or work involving an expenditure in excess of $25,000 to the lowest responsible bidder. Effective immediately.
- Who sponsors HB 3232?
- HB 3232 is sponsored by Emanuel "Chris" Welch (Democrat).
- What is the current status of HB 3232?
- This bill has been enacted into law. Introduced February 26, 2013. Enacted.
- Where can I track HB 3232?
- Track HB 3232 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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