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90_HB2805ham001
LRB9009920THdvam01
1 AMENDMENT TO HOUSE BILL 2805
2 AMENDMENT NO. . Amend House Bill 2805, by replacing
3 the title with the following:
4 "AN ACT relating to public university programs."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Procurement Code is amended by
8 changing Section 1-10 as follows:
9 (30 ILCS 500/1-10)
10 Sec. 1-10. Application.
11 (a) This Code applies only to procurements for which
12 contractors were first solicited on or after July 1, 1998.
13 This Code shall not be construed to affect or impair any
14 contract, or any provision of a contract, entered into based
15 on a solicitation prior to the implementation date of this
16 Code as described in Article 99, including but not limited to
17 any covenant entered into with respect to any revenue bonds
18 or similar instruments. All procurements for which contracts
19 are solicited between the effective date of Articles 50 and
20 99 and July 1, 1998 shall be substantially in accordance with
21 this Code and its intent.
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1 (b) This Code shall apply regardless of the source of
2 the funds with which the contracts are paid, including
3 federal assistance moneys. This Code shall not apply to:
4 (1) contracts between the State and its political
5 subdivisions or other governments, or between State
6 governmental bodies except as specifically provided in
7 this Code.
8 (2) grants.
9 (3) purchase of care.
10 (4) hiring of an individual as employee and not as
11 an independent contractor, whether pursuant to an
12 employment code or policy or by contract directly with
13 that individual.
14 (5) collective bargaining contracts.
15 (6) purchase of real estate.
16 (7) contracts necessary to prepare for anticipated
17 litigation, enforcement actions, or investigations,
18 provided that the chief legal counsel to the Governor
19 shall give his or her prior approval when the procuring
20 agency is one subject to the jurisdiction of the
21 Governor, and provided that the chief legal counsel of
22 any other procuring entity subject to this Code shall
23 give his or her prior approval when the procuring entity
24 is not one subject to the jurisdiction of the Governor.
25 (8) contracts for services to a public university
26 by a person, acting as an independent contractor, who is
27 qualified by education, experience, and technical ability
28 and is selected by negotiation for the purpose of
29 providing non-credit educational service activities or
30 products by means of specialized programs offered by the
31 public university.
32 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
33 Section 99. Effective date. This Act takes effect July
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1 1, 1998.".