Full Text of SB1244 97th General Assembly
SB1244sam001 97TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 2/24/2011
| | 09700SB1244sam001 | | LRB097 06760 RPM 51264 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1244
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1244 as follows:
| 3 | | on page 1, immediately below line 3, by inserting the | 4 | | following: | 5 | | "Section 3. The Illinois Procurement Code is amended by | 6 | | changing Section 1-10 as follows:
| 7 | | (30 ILCS 500/1-10)
| 8 | | Sec. 1-10. Application.
| 9 | | (a) This Code applies only to procurements for which | 10 | | contractors were first
solicited on or after July 1, 1998. This | 11 | | Code shall not be construed to affect
or impair any contract, | 12 | | or any provision of a contract, entered into based on a
| 13 | | solicitation prior to the implementation date of this Code as | 14 | | described in
Article 99, including but not limited to any | 15 | | covenant entered into with respect
to any revenue bonds or |
| | | 09700SB1244sam001 | - 2 - | LRB097 06760 RPM 51264 a |
|
| 1 | | similar instruments.
All procurements for which contracts are | 2 | | solicited between the effective date
of Articles 50 and 99 and | 3 | | July 1, 1998 shall be substantially in accordance
with this | 4 | | Code and its intent.
| 5 | | (b) This Code shall apply regardless of the source of the | 6 | | funds with which
the contracts are paid, including federal | 7 | | assistance moneys.
This Code shall
not apply to:
| 8 | | (1) Contracts between the State and its political | 9 | | subdivisions or other
governments, or between State | 10 | | governmental bodies except as specifically
provided in | 11 | | this Code.
| 12 | | (2) Grants, except for the filing requirements of | 13 | | Section 20-80.
| 14 | | (3) Purchase of care.
| 15 | | (4) Hiring of an individual as employee and not as an | 16 | | independent
contractor, whether pursuant to an employment | 17 | | code or policy or by contract
directly with that | 18 | | individual.
| 19 | | (5) Collective bargaining contracts.
| 20 | | (6) Purchase of real estate, except that notice of this | 21 | | type of contract with a value of more than $25,000 must be | 22 | | published in the Procurement Bulletin within 7 days after | 23 | | the deed is recorded in the county of jurisdiction. The | 24 | | notice shall identify the real estate purchased, the names | 25 | | of all parties to the contract, the value of the contract, | 26 | | and the effective date of the contract.
|
| | | 09700SB1244sam001 | - 3 - | LRB097 06760 RPM 51264 a |
|
| 1 | | (7) Contracts necessary to prepare for anticipated | 2 | | litigation, enforcement
actions, or investigations, | 3 | | provided
that the chief legal counsel to the Governor shall | 4 | | give his or her prior
approval when the procuring agency is | 5 | | one subject to the jurisdiction of the
Governor, and | 6 | | provided that the chief legal counsel of any other | 7 | | procuring
entity
subject to this Code shall give his or her | 8 | | prior approval when the procuring
entity is not one subject | 9 | | to the jurisdiction of the Governor.
| 10 | | (8) Contracts for
services to Northern Illinois | 11 | | University by a person, acting as
an independent | 12 | | contractor, who is qualified by education, experience, and
| 13 | | technical ability and is selected by negotiation for the | 14 | | purpose of providing
non-credit educational service | 15 | | activities or products by means of specialized
programs | 16 | | offered by the university.
| 17 | | (9) Procurement expenditures by the Illinois | 18 | | Conservation Foundation
when only private funds are used.
| 19 | | (10) Procurement expenditures by the Illinois Health | 20 | | Information Exchange Authority involving private funds | 21 | | from the Health Information Exchange Fund. "Private funds" | 22 | | means gifts, donations, and private grants. | 23 | | (c) This Code does not apply to the electric power | 24 | | procurement process provided for under Section 1-75 of the | 25 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 26 | | Utilities Act. |
| | | 09700SB1244sam001 | - 4 - | LRB097 06760 RPM 51264 a |
|
| 1 | | (d) Except for Section 20-160 and Article 50 of this Code, | 2 | | and as expressly required by Section 9.1 of the Illinois | 3 | | Lottery Law, the provisions of this Code do not apply to the | 4 | | procurement process provided for under Section 9.1 of the | 5 | | Illinois Lottery Law. | 6 | | (e) The provisions of this Code do not apply to contracts | 7 | | between the Director of Insurance and a non-governmental entity | 8 | | entered into pursuant to paragraph (d) of subsection (3) of | 9 | | Section 445 of the Illinois Insurance Code. | 10 | | (Source: P.A. 95-481, eff. 8-28-07; 95-615, eff. 9-11-07; | 11 | | 95-876, eff. 8-21-08; 96-840, eff. 12-23-09; 96-1331, eff. | 12 | | 7-27-10.)"; and
| 13 | | on page 1, immediately below line 19, by inserting the | 14 | | following: | 15 | | " "Home state" means with respect to an insured (i) the | 16 | | state in which an insured maintains its principal place of | 17 | | business or, in the case of an individual, the individual's | 18 | | principal residence or (ii) if 100% of the insured risk is | 19 | | located out of the state referred to in item (i) of this | 20 | | definition for "home state", then the state to which the | 21 | | greatest percentage of the insured's taxable premium for that | 22 | | insurance contract is allocated. With respect to affiliated | 23 | | groups, if more than one insured from an affiliated group are | 24 | | named insureds on a single nonadmitted insurance contract, then | 25 | | the term "home state" means the home state, as defined in items |
| | | 09700SB1244sam001 | - 5 - | LRB097 06760 RPM 51264 a |
|
| 1 | | (i) and (ii) of this definition for "home state", of the member | 2 | | of the affiliated group that has the largest percentage of | 3 | | premium attributed to it under the insurance contract. "; and | 4 | | on page 6, by replacing line 24 with the following: | 5 | | insurance. Such allocation shall be based upon reports | 6 | | filed by the surplus line producer with the insured's home | 7 | | state or its clearing house designee detailing the portion | 8 | | of the nonadmitted insurance policy premium or premiums | 9 | | attributable to properties, risks, or exposures located in | 10 | | each state. The Director may contract with a "; and | 11 | | on page 7, line 4, after the period, by inserting " Such | 12 | | contracts are exempt from the provisions of the Illinois | 13 | | Procurement Code. ".
|
|