SB 293 — SCHL CON-PROJECT LABOR AGREE

SB0293 EngrossedEnrolled LRB094 08426 RAS 38628 b AN ACT concerning education.

The School ConstructionCode Law is amended by changing SectionsSection 5-510-20.21 and 5-25 as follows:

(105 ILCS 230/5-5)5/10-20.21) Sec.(from Ch.

5-5.122, par.

Definitions.10-20.21) Sec.

As10-20.21. used in this Article:

"ApprovedContracts. school construction bonds" mean bonds that were approved by referendum after January 1, 1996 but prior to January 1, 1998 as provided in Sections 19-2 through 19-7 of the School Code to provide funds for the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning, and installation of capital facilities consisting of buildings, structures, durable-equipment, and land for educational purposes.

"Grant(a) index"To meansaward aall figurecontracts for eachpurchase schoolof districtsupplies, equalmaterials toor onework minusor thecontracts ratiowith ofprivate thecarriers district’sfor equalizedtransportation assessedof valuationpupils perinvolving pupilan expenditure in averageexcess dailyof attendance$10,000 to the equalizedlowest assessedresponsible valuationbidder, perconsidering pupilconformity inwith averagespecifications, dailyterms attendance of thedelivery, districtquality locatedand atserviceability, theafter 90thdue percentileadvertisement, forexcept all districts of the samefollowing: category.

For(i) contracts for the purposeservices of calculatingindividuals thepossessing granta index,high schooldegree districtsof areprofessional groupedskill intowhere 2the categories,ability Categoryor Ifitness andof Categorythe II.individual plays an important part;

Category(ii) Icontracts consistsfor the printing of elementaryfinance andcommittee unitreports schooland districts.departmental reports;

The(iii) equalizedcontracts assessedfor valuationthe perprinting pupilor inengraving average daily attendance of eachbonds, schooltax districtwarrants inand Categoryother Ievidences shallof beindebtedness; computed using its grades kindergarten through 8 average daily attendance figure.

A(iv) unitcontracts school district’s Category I grant index shall be used for projectsthe orpurchase portions of projectsperishable constructedfoods forand elementaryperishable schoolbeverages; pupils.

Category(v) IIcontracts consistsfor materials and work which have been awarded to the lowest responsible bidder after due advertisement, but due to unforeseen revisions, not the fault of highthe schoolcontractor for materials and unitwork, schoolmust districts.be revised causing expenditures not in excess of 10% of the contract price;

The(vi) equalizedcontracts assessedfor valuationthe permaintenance pupilor inservicing averageof, dailyor attendanceprovision of eachrepair schoolparts districtfor, inequipment Categorywhich IIare SB0293made Engrossedwith -the 2manufacturer -or LRB094authorized 08426service RASagent 38628of bthat shallequipment bewhere computedthe usingprovision itsof gradesparts, 9maintenance, throughor 12servicing averagecan dailybest attendancebe figure.performed by the manufacturer or authorized service agent;

A(vii) unitpurchases schooland district’scontracts Categoryfor IIthe grantuse, indexpurchase, shalldelivery, bemovement, usedor forinstallation projectsof data processing SB0293 Enrolled - 2 - LRB094 08426 RAS 38628 b equipment, software, or portionsservices ofand projectstelecommunications constructedand forinterconnect highequipment, schoolsoftware, pupils.and services;

The(viii) changescontracts made by this amendatory Act of the 92nd General Assembly apply to all grants made on or after the effective date of this amendatory Act, provided that for grantsduplicating notmachines yet made on the effective date of this amendatory Act but made in fiscal year 2001 and forsupplies; grants made in fiscal year 2002, the grant index for a school district shall be the greater of (i) the grant index as calculated under this Law on or after the effective date of this amendatory Act or (ii) the grant index as calculated under this Law before the effective date of this amendatory Act.

The(ix) grantcontracts indexfor shallthe bepurchase noof lessnatural thangas 0.35when andthe nocost greateris less than 0.75that foroffered eachby district;a public utility;

provided(x) thatpurchases theof grantequipment indexpreviously forowned districtsby whosesome equalizedentity assessedother valuationthan per pupil in average daily attendance is at the 99thdistrict percentileitself; and above for all districts of the same type shall be 0.00.

"Project(xi) laborcontracts agreement"for meansrepair, maintenance, remodeling, renovation, or construction, or a formsingle ofproject pre-hireinvolving collectivean bargainingexpenditure agreementnot coveringto allexceed terms$20,000 and conditionsnot ofinvolving employmenta onchange aor specificincrease projectin thatthe doessize, anytype, or extent of thean following:existing facility;

(1)(xii) setscontracts forth mutually binding procedures for resolvinggoods jurisdictionalor laborservices disputesprocured andfrom grievancesanother arisinggovernmental beforeagency; the completion of work;

(2)(xiii) containscontracts guaranteesfor againstgoods strikes,or lockouts,services orwhich similarare actions;economically procurable from only one source, such as for the purchase of magazines, books, periodicals, pamphlets and reports, and for utility services such as water, light, heat, telephone or telegraph;

(3)(xiv) delineateswhere sourcesfunds are expended in an emergency and such emergency expenditure is approved by 3/4 of labor;the members of the board;

(4)and provides(xv) employmentState guidelinesmaster forcontracts minoritiesauthorized andunder womenArticle on28A theof constructionthis project;Code.

(5)All bindscompetitive allbids contractorsfor andcontracts subcontractorsinvolving onan theexpenditure publicin worksexcess projectof through$10,000 must be sealed by the inclusionbidder and must be opened by a member or employee of appropriatethe bidschool specificationsboard inat alla relevantpublic bid documents;opening at which the contents of the bids must be announced.

orEach (6)bidder includesmust suchreceive otherat termsleast as3 days’ notice of the partiestime deemand appropriate.place of the bid opening.

"SchoolFor constructionpurposes project"of meansthis theSection acquisition,due SB0293advertisement Engrossedincludes, -but 3is -not LRB094limited 08426to, RASat 38628least bone development,public construction,notice reconstruction,at rehabilitation,least improvement,10 architecturaldays planning,before andthe installationbid ofdate capitalin facilitiesa consistingnewspaper ofpublished buildings,in structures,the durabledistrict, equipment,or andif landno fornewspaper educationalis purposes.published in the district, in a newspaper of general circulation in the area of the district.

"SchoolState maintenancemaster project"contracts meansand acertified project,education otherpurchasing thancontracts, aas schooldefined constructionin project,Article intended28A to provide for the maintenance or upkeep of buildingsthis orCode, structuresare fornot educationalsubject purposes,to butthe doesrequirements notof includethis ongoingparagraph. operational costs.

(b) To require, as a condition of any contract for goods and services, that persons bidding for and awarded a contract SB0293 Enrolled - 3 - LRB094 08426 RAS 38628 b and all affiliates of the person collect and remit Illinois Use Tax on all sales of tangible personal property into the State of Illinois in accordance with the provisions of 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.

For purposes of this Section, the term "affiliate" means any entity that (1) directly, indirectly, or constructively controls another entity, (2) is directly, indirectly, or constructively controlled by another entity, or (3) is subject to the control of a common entity.

For purposes of this subsection (b), an entity controls another entity if it owns, directly or individually, more than 10% of the voting securities of that entity.

As used 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 convertible into, or entitles the holder to receive upon its exercise, a security that confers such a right to vote.

A general partnership interest is a voting security.

To require 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 Section 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) To require all contracts and agreements that pertain to goods and services and that are intended to generate additional revenue and other remunerations for the school district in excess of $1,000, including without limitation vending machine contracts, sports and other attire, class rings, and photographic services, to be approved by the school board.

The school board shall file as an attachment to its annual budget a report, in a form as determined by the State Board of Education, indicating for the prior year the name of SB0293 Enrolled - 4 - LRB094 08426 RAS 38628 b the vendor, the product or service provided, and the actual net revenue and non-monetary remuneration from each of the contracts or agreements.

In addition, the report shall indicate for what purpose the revenue was used and how and to whom the non-monetary remuneration was distributed.

(c) If the State education purchasing entity creates a master contract as defined in Article 28A of this Code, then the State education purchasing entity shall notify school districts of the existence of the master contract.

(d) In purchasing supplies, materials, equipment, or services that are not subject to subsection (c) of this Section, before a school district solicits bids or awards a contract, the district may review and consider as a bid under subsection (a) of this Section certified education purchasing contracts that are already available through the State education purchasing entity.

91-38,93-25, eff.

6-15-99;6-20-03;