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91_SB0876ham003
LRB9105732MWgcam03
1 AMENDMENT TO SENATE BILL 876
2 AMENDMENT NO. . Amend Senate Bill 876, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT to amend the Illinois Procurement Code by
5 changing Section 1-10."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Procurement Code is amended by
9 changing Section 1-10 as follows:
10 (30 ILCS 500/1-10)
11 Sec. 1-10. Application.
12 (a) This Code applies only to procurements for which
13 contractors were first solicited on or after July 1, 1998.
14 This Code shall not be construed to affect or impair any
15 contract, or any provision of a contract, entered into based
16 on a solicitation prior to the implementation date of this
17 Code as described in Article 99, including but not limited to
18 any covenant entered into with respect to any revenue bonds
19 or similar instruments. All procurements for which contracts
20 are solicited between the effective date of Articles 50 and
21 99 and July 1, 1998 shall be substantially in accordance with
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1 this Code and its intent.
2 (b) This Code shall apply regardless of the source of
3 the funds with which the contracts are paid, including
4 federal assistance moneys. This Code shall not apply to:
5 (1) contracts between the State and its political
6 subdivisions or other governments, or between State
7 governmental bodies except as specifically provided in
8 this Code.
9 (2) grants.
10 (3) purchase of care.
11 (4) hiring of an individual as employee and not as
12 an independent contractor, whether pursuant to an
13 employment code or policy or by contract directly with
14 that individual.
15 (5) collective bargaining contracts.
16 (6) purchase of real estate.
17 (7) contracts necessary to prepare for anticipated
18 litigation, enforcement actions, or investigations,
19 provided that the chief legal counsel to the Governor
20 shall give his or her prior approval when the procuring
21 agency is one subject to the jurisdiction of the
22 Governor, and provided that the chief legal counsel of
23 any other procuring entity subject to this Code shall
24 give his or her prior approval when the procuring entity
25 is not one subject to the jurisdiction of the Governor.
26 (8) contracts for services to Northern Illinois
27 University by a person, acting as an independent
28 contractor, who is qualified by education, experience,
29 and technical ability and is selected by negotiation for
30 the purpose of providing non-credit educational service
31 activities or products by means of specialized programs
32 offered by the university.
33 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.".