Bill Text: IL HB4441 | 2023-2024 | 103rd General Assembly | Engrossed

---

Bill Title: Amends the Counties Code, the Township Code, the Illinois Municipal Code, the Downstate Forest Preserve District Act, the Park District Code, the Illinois Local Library Act, the Public Library District Act of 1991, the School Code, and the Public Community College Act. Provides that the board of trustees and corporate authorities of the various local governmental entities referenced in the named Acts and Codes may establish aspirational goals for the awarding of contracts to minority-owned businesses, women-owned businesses, and businesses owned by persons with disabilities. Defines "minority-owned business", "women-owned business", and "business owned by a person with a disability".

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2024-04-24 - Assigned to Executive [HB4441 Detail]

Download: Illinois-2023-HB4441-Engrossed.html

---

HB4441 Engrossed LRB103 35366 AWJ 65431 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by adding Section
5-1022.5 as follows:
(55 ILCS 5/5-1022.5 new)
Sec. 5-1022.5. Aspirational contract goals. A county board
may establish aspirational goals for the awarding of contracts
to minority-owned businesses, women-owned businesses, and
businesses owned by persons with disabilities. As used in this
Section, "minority-owned business", "women-owned business",
and "business owned by a person with a disability" have the
meanings provided in Section 2 of the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act.
Section 10. The Township Code is amended by adding Section
85-47 as follows:
(60 ILCS 1/85-47 new)
Sec. 85-47. Aspirational contract goals. A township board
may establish aspirational goals for the awarding of contracts
to minority-owned businesses, women-owned businesses, and
businesses owned by persons with disabilities. As used in this

HB4441 Engrossed - 2 - LRB103 35366 AWJ 65431 b
Section, "minority-owned business", "women-owned business",
and "business owned by a person with a disability" have the
meanings provided in Section 2 of the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act.
Section 15. The Illinois Municipal Code is amended by
adding Section 8-1-7.5 as follows:
(65 ILCS 5/8-1-7.5 new)
Sec. 8-1-7.5. Aspirational contractual goals. The
corporate authorities of a municipality may establish
aspirational goals for the awarding of contracts to
minority-owned businesses, women-owned businesses, and
businesses owned by persons with disabilities. As used in this
Section, "minority-owned business", "women-owned business",
and "business owned by a person with a disability" have the
meanings provided in Section 2 of the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act.
Section 20. The Downstate Forest Preserve District Act is
amended by changing Section 8 as follows:
(70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
Sec. 8. Powers and duties of corporate authority and
officers; contracts; salaries.
(a) The board shall be the corporate authority of such

HB4441 Engrossed - 3 - LRB103 35366 AWJ 65431 b
forest preserve district and shall have power to pass and
enforce all necessary ordinances, rules and regulations for
the management of the property and conduct of the business of
such district. The president of such board shall have power to
appoint such employees as may be necessary. In counties with
population of less than 3,000,000, within 60 days after their
selection the commissioners appointed under the provisions of
Section 3a of this Act shall organize by selecting from their
members a president, vice president, secretary, treasurer and
such other officers as are deemed necessary who shall hold
office for the fiscal year in which elected and until their
successors are selected and qualify. In the one district in
existence on July 1, 1977, that is managed by an appointed
board of commissioners, the incumbent president and the other
officers appointed in the manner as originally prescribed in
this Act shall hold such offices until the completion of their
respective terms or in the case of the officers other than
president until their successors are appointed by said
president, but in all cases not to extend beyond January 1,
1980 and until their successors are selected and qualify.
Thereafter, the officers shall be selected in the manner as
prescribed in this Section except that their first term of
office shall not expire until June 30, 1981 and until their
successors are selected and qualify.
(a-5) An officer selected pursuant to subsection (a) may
be removed, with or without cause, upon a motion adopted by an

HB4441 Engrossed - 4 - LRB103 35366 AWJ 65431 b
affirmative vote of four-fifths of the board of the forest
preserve district. Upon adoption of a motion to remove an
officer: (i) the office becomes vacant and the former
officer's compensation shall be prorated to the date the
motion was approved; (ii) if the officer removed is the
president then the vice president immediately assumes the
duties of the president without president compensation and, if
the officer removed is the vice president, treasurer, or
secretary, then the president shall select an interim
appointee who shall serve until the next regularly scheduled
forest preserve district board meeting; and (iii) a new
officer shall be selected at the next regularly scheduled
forest preserve district board meeting. An officer removed
under this Section maintains his or her status as a member of
the forest preserve district board.
(b) In any county, city, village, incorporated town or
sanitary district where the corporate authorities act as the
governing body of a forest preserve district, the person
exercising the powers of the president of the board shall have
power to appoint a secretary and an assistant secretary and
treasurer and an assistant treasurer and such other officers
and such employees as may be necessary. The assistant
secretary and assistant treasurer shall perform the duties of
the secretary and treasurer, respectively in case of death of
such officers or when such officers are unable to perform the
duties of their respective offices. All contracts for

HB4441 Engrossed - 5 - LRB103 35366 AWJ 65431 b
supplies, material or work involving an expenditure in excess
of $30,000, or a lower amount if required by board policy,
shall be let to the lowest responsible bidder, after
advertising at least once in one or more newspapers of general
circulation within the district, excepting work requiring
personal confidence or necessary supplies under the control of
monopolies, where competitive bidding is impossible, or as
otherwise provided in the Forest Preserve District and
Conservation District Design-Build Authorization Act.
Contracts for supplies, material or work involving an
expenditure of $30,000, or a lower amount if required by board
policy, or less may be let without advertising for bids, but
whenever practicable, at least 3 competitive bids shall be
obtained before letting such contract. All contracts for
supplies, material or work shall be signed by the president of
the board of commissioners or by any such other officer as the
board in its discretion may designate.
(c) The president of any board of commissioners appointed
under the provisions of Section 3a of this Act shall receive a
salary not to exceed the sum of $2500 per annum and the salary
of other members of the board so appointed shall not exceed
$1500 per annum. Salaries of the commissioners, officers and
employees shall be fixed by ordinance.
(d) Whenever a forest preserve district owns any personal
property that, in the opinion of three-fifths of the members
of the board of commissioners, is no longer necessary, useful

HB4441 Engrossed - 6 - LRB103 35366 AWJ 65431 b
to, or for the best interests of the forest preserve district,
then three-fifths of the members of the board, at any regular
meeting or any special meeting called for that purpose by an
ordinance or resolution that includes a general description of
the personal property, may authorize the conveyance or sale of
that personal property in any manner that they may designate,
with or without advertising the sale.
(e) A board may establish aspirational goals for the
awarding of contracts to minority-owned businesses,
women-owned businesses, and businesses owned by persons with
disabilities. As used in this subsection, "minority-owned
business", "women-owned business", and "business owned by a
person with a disability" have the meanings provided in
Section 2 of the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act.
(Source: P.A. 101-544, eff. 8-23-19; 102-460, eff. 6-1-22.)
Section 25. The Park District Code is amended by changing
Section 8-1 as follows:
(70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
Sec. 8-1. General corporate powers. Every park district
shall, from the time of its organization, be a body corporate
and politic by the name set forth in the petition for its
organization, the specific name set forth in this Code, or the
name it may adopt under Section 8-9 and shall have and exercise

HB4441 Engrossed - 7 - LRB103 35366 AWJ 65431 b
the following powers:
(a) To adopt a corporate seal and alter the same at
pleasure; to sue and be sued; and to contract in
furtherance of any of its corporate purposes.
(b)(1) To acquire by gift, legacy, grant or purchase,
or by condemnation in the manner provided for the exercise
of the power of eminent domain under the Eminent Domain
Act, any and all real estate, or rights therein necessary
for building, laying out, extending, adorning and
maintaining any such parks, boulevards and driveways, or
for effecting any of the powers or purposes granted under
this Code as its board may deem proper, whether such lands
be located within or without such district; but no park
district, except as provided in paragraph (2) of this
subsection, shall have any power of condemnation in the
manner provided for the exercise of the power of eminent
domain under the Eminent Domain Act or otherwise as to any
real estate, lands, riparian rights or estate, or other
property situated outside of such district, but shall only
have power to acquire the same by gift, legacy, grant or
purchase, and such district shall have the same control of
and power over lands so acquired without the district as
over parks, boulevards and driveways within such district.
(2) In addition to the powers granted in paragraph (1)
of subsection (b), a park district located in more than
one county, the majority of its territory located in a

HB4441 Engrossed - 8 - LRB103 35366 AWJ 65431 b
county over 450,000 in population and none of its
territory located in a county over 1,000,000 in
population, shall have condemnation power in the manner
provided for the exercise of the power of eminent domain
under the Eminent Domain Act or as otherwise granted by
law as to any and all real estate situated up to one mile
outside of such district which is not within the
boundaries of another park district.
(c) To acquire by gift, legacy or purchase any
personal property necessary for its corporate purposes
provided that all contracts for supplies, materials or
work involving an expenditure in excess of $30,000, or a
lower amount if required by board policy, shall be let to
the lowest responsible bidder after due advertisement. No
district shall be required to accept a bid that does not
meet the district's established specifications, terms of
delivery, quality, and serviceability requirements.
Contracts which, by their nature, are not adapted to award
by competitive bidding, such as contracts for the services
of individuals possessing a high degree of professional
skill where the ability or fitness of the individual plays
an important part, contracts for the printing of finance
committee reports and departmental reports, contracts for
the printing or engraving of bonds, tax warrants and other
evidences of indebtedness, contracts for utility services
such as water, light, heat, telephone or telegraph,

HB4441 Engrossed - 9 - LRB103 35366 AWJ 65431 b
contracts for fuel (such as diesel, gasoline, oil,
aviation, or propane), lubricants, or other petroleum
products, contracts for the use, purchase, delivery,
movement, or installation of data processing equipment,
software, or services and telecommunications and
interconnect equipment, software, or services, contracts
for duplicating machines and supplies, contracts for goods
or services procured from another governmental agency,
purchases of equipment previously owned by some entity
other than the district itself, and contracts for the
purchase of magazines, books, periodicals, pamphlets and
reports are not subject to competitive bidding. Contracts
for emergency expenditures are also exempt from
competitive bidding when the emergency expenditure is
approved by 3/4 of the members of the board.
All competitive bids for contracts involving an
expenditure in excess of $30,000, or a lower amount if
required by board policy, must be sealed by the bidder and
must be opened by a member or employee of the park board at
a public bid opening at which the contents of the bids must
be announced. Each bidder must receive at least 3 days
notice of the time and place of the bid opening.
For purposes of this subsection, "due advertisement"
includes, but is not limited to, at least one public
notice at least 10 days before the bid date in a newspaper
published in the district or, if no newspaper is published

HB4441 Engrossed - 10 - LRB103 35366 AWJ 65431 b
in the district, in a newspaper of general circulation in
the area of the district.
(d) To pass all necessary ordinances, rules and
regulations for the proper management and conduct of the
business of the board and district and to establish by
ordinance all needful rules and regulations for the
government and protection of parks, boulevards and
driveways and other property under its jurisdiction, and
to effect the objects for which such districts are formed.
(e) To prescribe such fines and penalties for the
violation of ordinances as it shall deem proper not
exceeding $1,000 for any one offense, which fines and
penalties may be recovered by an action in the name of such
district in the circuit court for the county in which such
violation occurred. The park district may also seek in the
action, in addition to or instead of fines and penalties,
an order that the offender be required to make restitution
for damage resulting from violations, and the court shall
grant such relief where appropriate. The procedure in such
actions shall be the same as that provided by law for like
actions for the violation of ordinances in cities
organized under the general laws of this State, and
offenders may be imprisoned for non-payment of fines and
costs in the same manner as in such cities. All fines when
collected shall be paid into the treasury of such
district.

HB4441 Engrossed - 11 - LRB103 35366 AWJ 65431 b
(f) To manage and control all officers and property of
such districts and to provide for joint ownership with one
or more cities, villages or incorporated towns of real and
personal property used for park purposes by one or more
park districts. In case of joint ownership, the terms of
the agreement shall be fair, just and equitable to all
parties and shall be set forth in a written agreement
entered into by the corporate authorities of each
participating district, city, village or incorporated
town.
(g) To secure grants and loans, or either, from the
United States Government, or any agency or agencies
thereof, for financing the acquisition or purchase of any
and all real estate, or rights therein, or for effecting
any of the powers or purposes granted under this Code as
its Board may deem proper.
(h) To establish fees for the use of facilities and
recreational programs of the districts and to derive
revenue from non-resident fees from their operations. Fees
charged non-residents of such district need not be the
same as fees charged to residents of the district.
Charging fees or deriving revenue from the facilities and
recreational programs shall not affect the right to assert
or utilize any defense or immunity, common law or
statutory, available to the districts or their employees.
(i) To make contracts for a term exceeding one year,

HB4441 Engrossed - 12 - LRB103 35366 AWJ 65431 b
but not to exceed 3 years, notwithstanding any provision
of this Code to the contrary, relating to: (1) the
employment of a park director, superintendent,
administrator, engineer, health officer, land planner,
finance director, attorney, police chief, or other officer
who requires technical training or knowledge; (2) the
employment of outside professional consultants such as
engineers, doctors, land planners, auditors, attorneys, or
other professional consultants who require technical
training or knowledge; (3) the provision of data
processing equipment and services; and (4) the purchase of
energy from a utility or an alternative retail electric
supplier. With respect to any contract made under this
subsection (i), the corporate authorities shall include in
the annual appropriation ordinance for each fiscal year an
appropriation of a sum of money sufficient to pay the
amount which, by the terms of the contract, is to become
due and payable during that fiscal year.
(j) To enter into licensing or management agreements
with not-for-profit corporations organized under the laws
of this State to operate park district facilities if the
corporation covenants to use the facilities to provide
public park or recreational programs for youth.
(k) To establish aspirational goals for the awarding
of contracts to minority-owned businesses, women-owned
businesses, and businesses owned by persons with

HB4441 Engrossed - 13 - LRB103 35366 AWJ 65431 b
disabilities. As used in this subsection, "minority-owned
business", "women-owned business", and "business owned by
a person with a disability" have the meanings provided in
Section 2 of the Business Enterprise for Minorities,
Women, and Persons with Disabilities Act.
(Source: P.A. 101-304, eff. 8-9-19; 102-999, eff. 5-27-22.)
Section 30. The Illinois Local Library Act is amended by
adding Section 4-19 as follows:
(75 ILCS 5/4-19 new)
Sec. 4-19. Aspirational contractual goals. A board may
establish aspirational goals for the awarding of contracts to
minority-owned businesses, women-owned businesses, and
businesses owned by persons with disabilities. As used in this
Section, "minority-owned business", "women-owned business",
and "business owned by a person with a disability" have the
meanings provided in Section 2 of the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act.
Section 35. The Public Library District Act of 1991 is
amended by adding Section 30-55.43 as follows:
(75 ILCS 16/30-55.43 new)
Sec. 30-55.43. Aspirational contractual goals. A board may
establish aspirational goals for the awarding of contracts to

HB4441 Engrossed - 14 - LRB103 35366 AWJ 65431 b
minority-owned businesses, women-owned businesses, and
businesses owned by persons with disabilities. As used in this
Section, the terms "minority-owned business", "women-owned
business", and "business owned by a person with a disability"
have the meanings provided in Section 2 of the Business
Enterprise for Minorities, Women, and Persons with
Disabilities Act.
Section 40. The School Code is amended by changing
Sections 10-20.21 and 34-21.3 as follows:
(105 ILCS 5/10-20.21)
(Text of Section before amendment by P.A. 103-8)
Sec. 10-20.21. Contracts.
(a) To award all contracts for purchase of supplies and
materials or work involving an expenditure in excess of
$25,000 or a lower amount as required by board policy to the
lowest responsible bidder, considering conformity with
specifications, terms of delivery, quality and serviceability,
after due advertisement, except the following:
(i) contracts for the services of individuals
possessing a high degree of professional skill where the
ability or fitness of the individual plays an important
part;
(ii) contracts for the printing of finance committee
reports and departmental reports;

HB4441 Engrossed - 15 - LRB103 35366 AWJ 65431 b
(iii) contracts for the printing or engraving of
bonds, tax warrants and other evidences of indebtedness;
(iv) contracts for the purchase of perishable foods
and perishable beverages;
(v) contracts for materials and work which have been
awarded to the lowest responsible bidder after due
advertisement, but due to unforeseen revisions, not the
fault of the contractor for materials and work, must be
revised causing expenditures not in excess of 10% of the
contract price;
(vi) contracts for the maintenance or servicing of, or
provision of repair parts for, equipment which are made
with the manufacturer or authorized service agent of that
equipment where the provision of parts, maintenance, or
servicing can best be performed by the manufacturer or
authorized service agent;
(vii) purchases and contracts for the use, purchase,
delivery, movement, or installation of data processing
equipment, software, or services and telecommunications
and interconnect equipment, software, and services;
(viii) contracts for duplicating machines and
supplies;
(ix) contracts for the purchase of fuel, including
diesel, gasoline, oil, aviation, natural gas, or propane,
lubricants, or other petroleum products;
(x) purchases of equipment previously owned by some

HB4441 Engrossed - 16 - LRB103 35366 AWJ 65431 b
entity other than the district itself;
(xi) contracts for repair, maintenance, remodeling,
renovation, or construction, or a single project involving
an expenditure not to exceed $50,000 and not involving a
change or increase in the size, type, or extent of an
existing facility;
(xii) contracts for goods or services procured from
another governmental agency;
(xiii) contracts for goods or services which are
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;
(xiv) where funds are expended in an emergency and
such emergency expenditure is approved by 3/4 of the
members of the board;
(xv) State master contracts authorized under Article
28A of this Code;
(xvi) contracts providing for the transportation of
pupils, which contracts must be advertised in the same
manner as competitive bids and awarded by first
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; and
(xvii) contracts for goods, services, or management in

HB4441 Engrossed - 17 - LRB103 35366 AWJ 65431 b
the operation of a school's food service, including a
school that participates in any of the United States
Department of Agriculture's child nutrition programs if a
good faith effort is made on behalf of the school district
to give preference to:
(1) contracts that procure food that promotes the
health and well-being of students, in compliance with
United States Department of Agriculture nutrition
standards for school meals. Contracts should also
promote the production of scratch made, minimally
processed foods;
(2) contracts that give a preference to State or
regional suppliers that source local food products;
(3) contracts that give a preference to food
suppliers that utilize producers that adopt hormone
and pest management practices recommended by the
United States Department of Agriculture;
(4) contracts that give a preference to food
suppliers that value animal welfare; and
(5) contracts that increase opportunities for
businesses owned and operated by minorities, women, or
persons with disabilities.
Food supplier data shall be submitted to the school
district at the time of the bid, to the best of the
bidder's ability, and updated annually thereafter during
the term of the contract. The contractor shall submit the

HB4441 Engrossed - 18 - LRB103 35366 AWJ 65431 b
updated food supplier data. The data required under this
item (xvii) shall include the name and address of each
supplier, distributor, processor, and producer involved in
the provision of the products that the bidder is to
supply.
However, at no time shall a cause of action lie against a
school board for awarding a pupil transportation contract per
the standards set forth in this subsection (a) unless the
cause of action is based on fraudulent conduct.
All competitive bids for contracts involving an
expenditure in excess of $25,000 or a lower amount as required
by board policy must be sealed by the bidder and must be opened
by a member or employee of the school board at a public bid
opening at which the contents of the bids must be announced.
Each bidder must receive at least 3 days' notice of the time
and place of the bid opening. For purposes of this Section due
advertisement includes, but is not limited to, at least one
public notice at least 10 days before the bid date in a
newspaper published in the district, or if no newspaper is
published in the district, in a newspaper of general
circulation in the area of the district. State master
contracts and certified education purchasing contracts, as
defined in Article 28A of this Code, are not subject to the
requirements of this paragraph.
Under this Section, the acceptance of bids sealed by a
bidder and the opening of these bids at a public bid opening

HB4441 Engrossed - 19 - LRB103 35366 AWJ 65431 b
may be permitted by an electronic process for communicating,
accepting, and opening competitive bids. An electronic bidding
process must provide for, but is not limited to, the following
safeguards:
(1) On the date and time certain of a bid opening, the
primary person conducting the competitive, sealed,
electronic bid process shall log onto a specified database
using a unique username and password previously assigned
to the bidder to allow access to the bidder's specific bid
project number.
(2) The specified electronic database must be on a
network that (i) is in a secure environment behind a
firewall; (ii) has specific encryption tools; (iii)
maintains specific intrusion detection systems; (iv) has
redundant systems architecture with data storage back-up,
whether by compact disc or tape; and (v) maintains a
disaster recovery plan.
It is the legislative intent of Public Act 96-841 to maintain
the integrity of the sealed bidding process provided for in
this Section, to further limit any possibility of bid-rigging,
to reduce administrative costs to school districts, and to
effect efficiencies in communications with bidders.
(b) To require, as a condition of any contract for goods
and services, that persons bidding for and awarded a contract
and all affiliates of the person collect and remit Illinois
Use Tax on all sales of tangible personal property into the

HB4441 Engrossed - 20 - LRB103 35366 AWJ 65431 b
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

HB4441 Engrossed - 21 - LRB103 35366 AWJ 65431 b
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
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.
(b-10) To prohibit any contract to purchase food with a
bidder or offeror if the bidder's or offeror's contract terms
prohibit the school from donating food to food banks,
including, but not limited to, homeless shelters, food
pantries, and soup kitchens.
(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

HB4441 Engrossed - 22 - LRB103 35366 AWJ 65431 b
subsection (a) of this Section certified education purchasing
contracts that are already available through the State
education purchasing entity.
(Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20;
102-1101, eff. 6-29-22.)
(Text of Section after amendment by P.A. 103-8)
Sec. 10-20.21. Contracts.
(a) To award all contracts for purchase of supplies and
materials or work involving an expenditure in excess of
$35,000 or a lower amount as required by board policy to the
lowest responsible bidder, considering conformity with
specifications, terms of delivery, quality and serviceability,
after due advertisement, except the following:
(i) contracts for the services of individuals
possessing a high degree of professional skill where the
ability or fitness of the individual plays an important
part;
(ii) contracts for the printing of finance committee
reports and departmental reports;
(iii) contracts for the printing or engraving of
bonds, tax warrants and other evidences of indebtedness;
(iv) contracts for the purchase of perishable foods
and perishable beverages;
(v) contracts for materials and work which have been
awarded to the lowest responsible bidder after due

HB4441 Engrossed - 23 - LRB103 35366 AWJ 65431 b
advertisement, but due to unforeseen revisions, not the
fault of the contractor for materials and work, must be
revised causing expenditures not in excess of 10% of the
contract price;
(vi) contracts for the maintenance or servicing of, or
provision of repair parts for, equipment which are made
with the manufacturer or authorized service agent of that
equipment where the provision of parts, maintenance, or
servicing can best be performed by the manufacturer or
authorized service agent;
(vii) purchases and contracts for the use, purchase,
delivery, movement, or installation of data processing
equipment, software, or services and telecommunications
and interconnect equipment, software, and services;
(viii) contracts for duplicating machines and
supplies;
(ix) contracts for the purchase of fuel, including
diesel, gasoline, oil, aviation, natural gas, or propane,
lubricants, or other petroleum products;
(x) purchases of equipment previously owned by some
entity other than the district itself;
(xi) contracts for repair, maintenance, remodeling,
renovation, or construction, or a single project involving
an expenditure not to exceed $50,000 and not involving a
change or increase in the size, type, or extent of an
existing facility;

HB4441 Engrossed - 24 - LRB103 35366 AWJ 65431 b
(xii) contracts for goods or services procured from
another governmental agency;
(xiii) contracts for goods or services which are
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;
(xiv) where funds are expended in an emergency and
such emergency expenditure is approved by 3/4 of the
members of the board;
(xv) State master contracts authorized under Article
28A of this Code;
(xvi) contracts providing for the transportation of
pupils, which contracts must be advertised in the same
manner as competitive bids and awarded by first
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; and
(xvii) contracts for goods, services, or management in
the operation of a school's food service, including a
school that participates in any of the United States
Department of Agriculture's child nutrition programs if a
good faith effort is made on behalf of the school district
to give preference to:
(1) contracts that procure food that promotes the

HB4441 Engrossed - 25 - LRB103 35366 AWJ 65431 b
health and well-being of students, in compliance with
United States Department of Agriculture nutrition
standards for school meals. Contracts should also
promote the production of scratch made, minimally
processed foods;
(2) contracts that give a preference to State or
regional suppliers that source local food products;
(3) contracts that give a preference to food
suppliers that utilize producers that adopt hormone
and pest management practices recommended by the
United States Department of Agriculture;
(4) contracts that give a preference to food
suppliers that value animal welfare; and
(5) contracts that increase opportunities for
businesses owned and operated by minorities, women, or
persons with disabilities.
Food supplier data shall be submitted to the school
district at the time of the bid, to the best of the
bidder's ability, and updated annually thereafter during
the term of the contract. The contractor shall submit the
updated food supplier data. The data required under this
item (xvii) shall include the name and address of each
supplier, distributor, processor, and producer involved in
the provision of the products that the bidder is to
supply.
However, at no time shall a cause of action lie against a

HB4441 Engrossed - 26 - LRB103 35366 AWJ 65431 b
school board for awarding a pupil transportation contract per
the standards set forth in this subsection (a) unless the
cause of action is based on fraudulent conduct.
All competitive bids for contracts involving an
expenditure in excess of $35,000 or a lower amount as required
by board policy must be sealed by the bidder and must be opened
by a member or employee of the school board at a public bid
opening at which the contents of the bids must be announced.
Each bidder must receive at least 3 days' notice of the time
and place of the bid opening. For purposes of this Section due
advertisement includes, but is not limited to, at least one
public notice at least 10 days before the bid date in a
newspaper published in the district, or if no newspaper is
published in the district, in a newspaper of general
circulation in the area of the district. State master
contracts and certified education purchasing contracts, as
defined in Article 28A of this Code, are not subject to the
requirements of this paragraph.
Under this Section, the acceptance of bids sealed by a
bidder and the opening of these bids at a public bid opening
may be permitted by an electronic process for communicating,
accepting, and opening competitive bids. An electronic bidding
process must provide for, but is not limited to, the following
safeguards:
(1) On the date and time certain of a bid opening, the
primary person conducting the competitive, sealed,

HB4441 Engrossed - 27 - LRB103 35366 AWJ 65431 b
electronic bid process shall log onto a specified database
using a unique username and password previously assigned
to the bidder to allow access to the bidder's specific bid
project number.
(2) The specified electronic database must be on a
network that (i) is in a secure environment behind a
firewall; (ii) has specific encryption tools; (iii)
maintains specific intrusion detection systems; (iv) has
redundant systems architecture with data storage back-up,
whether by compact disc or tape; and (v) maintains a
disaster recovery plan.
It is the legislative intent of Public Act 96-841 to maintain
the integrity of the sealed bidding process provided for in
this Section, to further limit any possibility of bid-rigging,
to reduce administrative costs to school districts, and to
effect efficiencies in communications with bidders.
(b) To require, as a condition of any contract for goods
and services, that persons bidding for and awarded a contract
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

HB4441 Engrossed - 28 - LRB103 35366 AWJ 65431 b
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

HB4441 Engrossed - 29 - LRB103 35366 AWJ 65431 b
annual budget a report, in a form as determined by the State
Board of Education, indicating for the prior year the name of
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.
(b-10) To prohibit any contract to purchase food with a
bidder or offeror if the bidder's or offeror's contract terms
prohibit the school from donating food to food banks,
including, but not limited to, homeless shelters, food
pantries, and soup kitchens.
(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.
(e) To establish aspirational goals for the awarding of
contracts to minority-owned businesses, women-owned
businesses, and businesses owned by persons with disabilities.

HB4441 Engrossed - 30 - LRB103 35366 AWJ 65431 b
As used in this subsection, "minority-owned business",
"women-owned business", and "business owned by a person with a
disability" have the meanings provided in Section 2 of the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act.
(Source: P.A. 102-1101, eff. 6-29-22; 103-8, eff. 1-1-24.)
(105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3)
(Text of Section before amendment by P.A. 103-8)
Sec. 34-21.3. Contracts. The board shall by record vote
let all contracts (other than those excepted by Section
10-20.21 of The School Code) for supplies, materials, work,
and contracts with private carriers for transportation of
pupils, involving an expenditure in excess of $25,000 or a
lower amount as required by board policy by competitive
bidding as provided in Section 10-20.21 of The School Code.
The board may delegate to the general superintendent of
schools, by resolution, the authority to approve contracts in
amounts of $25,000 or less.
For a period of one year from and after the expiration or
other termination of his or her term of office as a member of
the board: (i) the former board member shall not be eligible
for employment nor be employed by the board, a local school
council, an attendance center, or any other subdivision or
agent of the board or the school district governed by the
board, and (ii) neither the board nor the chief purchasing

HB4441 Engrossed - 31 - LRB103 35366 AWJ 65431 b
officer shall let or delegate authority to let any contract
for services, employment, or other work to the former board
member or to any corporation, partnership, association, sole
proprietorship, or other entity other than publicly traded
companies from which the former board member receives an
annual income, dividends, or other compensation in excess of
$1,500. Any contract that is entered into by or under a
delegation of authority from the board or the chief purchasing
officer shall contain a provision stating that the contract is
not legally binding on the board if entered into in violation
of the provisions of this paragraph.
In addition, the State Board of Education, in consultation
with the board, shall (i) review existing conflict of interest
and disclosure laws or regulations that are applicable to the
executive officers and governing boards of school districts
organized under this Article and school districts generally,
(ii) determine what additional disclosure and conflict of
interest provisions would enhance the reputation and fiscal
integrity of the board and the procedure under which contracts
for goods and services are let, and (iii) develop appropriate
reporting forms and procedures applicable to the executive
officers, governing board, and other officials of the school
district.
(Source: P.A. 95-990, eff. 10-3-08.)
(Text of Section after amendment by P.A. 103-8)

HB4441 Engrossed - 32 - LRB103 35366 AWJ 65431 b
Sec. 34-21.3. Contracts. The board shall by record vote
let all contracts (other than those excepted by Section
10-20.21 of this Code) for supplies, materials, or work and
contracts with private carriers for transportation of pupils
involving an expenditure in excess of $35,000 or a lower
amount as required by board policy by competitive bidding as
provided in Section 10-20.21 of this Code.
The board may delegate to the general superintendent of
schools, by resolution, the authority to approve contracts in
amounts of $35,000 or less.
For a period of one year from and after the expiration or
other termination of his or her term of office as a member of
the board: (i) the former board member shall not be eligible
for employment nor be employed by the board, a local school
council, an attendance center, or any other subdivision or
agent of the board or the school district governed by the
board, and (ii) neither the board nor the chief purchasing
officer shall let or delegate authority to let any contract
for services, employment, or other work to the former board
member or to any corporation, partnership, association, sole
proprietorship, or other entity other than publicly traded
companies from which the former board member receives an
annual income, dividends, or other compensation in excess of
$1,500. Any contract that is entered into by or under a
delegation of authority from the board or the chief purchasing
officer shall contain a provision stating that the contract is

HB4441 Engrossed - 33 - LRB103 35366 AWJ 65431 b
not legally binding on the board if entered into in violation
of the provisions of this paragraph.
In addition, the State Board of Education, in consultation
with the board, shall (i) review existing conflict of interest
and disclosure laws or regulations that are applicable to the
executive officers and governing boards of school districts
organized under this Article and school districts generally,
(ii) determine what additional disclosure and conflict of
interest provisions would enhance the reputation and fiscal
integrity of the board and the procedure under which contracts
for goods and services are let, and (iii) develop appropriate
reporting forms and procedures applicable to the executive
officers, governing board, and other officials of the school
district.
The board may establish aspirational goals for the
awarding of contracts to minority-owned businesses,
women-owned businesses, and businesses owned by persons with
disabilities. As used in this paragraph, "minority-owned
business", "women-owned business", and "business owned by a
person with a disability" have the meanings provided in
Section 2 of the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act.
(Source: P.A. 103-8, eff. 1-1-24.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text

HB4441 Engrossed - 34 - LRB103 35366 AWJ 65431 b