093_HB3507sam001











                                     LRB093 02584 AMC 14710 a

 1                    AMENDMENT TO HOUSE BILL 3507

 2        AMENDMENT NO.     .  Amend House Bill  3507  on  page  2,
 3    line  22,  by replacing "Foundation" with "Foundation, except
 4    those received from public entities,"; and

 5    on page 2, line 23, after the period, by  inserting  "Private
 6    funds  collected  by  the  Foundation  are not subject to the
 7    Public  Funds  Investment  Act.   Foundation  procurement  is
 8    exempt from the Illinois Procurement Code when  only  private
 9    funds are used for procurement expenditures."; and

10    on page 2, by replacing lines 32 and 33 with the following:
11    "Protection  Agency.   The  Agency  shall  provide reasonable
12    assistance to the Foundation to achieve the purposes  of  the
13    Foundation.   The Foundation shall cooperate fully with the";
14    and

15    on page  3,  immediately  below  line  6,  by  inserting  the
16    following:

17        "Section  20.  Disclosure to donors of exemption from the
18    Public Funds Investment Act.  The Foundation must  provide  a
19    written  notice  to  any  entity  providing a gift, grant, or
20    bequest to the Foundation that the Foundation is not  subject
21    to the provisions of the Public Funds Investment Act and that
 
                            -2-      LRB093 02584 AMC 14710 a
 1    the  Public  Funds  Investment  Act places limitations on the
 2    types of securities in  which  a  public  agency  may  invest
 3    public funds.

 4        Section  90.   The Public Funds Investment Act is amended
 5    by changing Section 1 as follows:

 6        (30 ILCS 235/1) (from Ch. 85, par. 901)
 7        Sec. 1.  The words "public funds", as used in  this  Act,
 8    mean  current  operating  funds,  special funds, interest and
 9    sinking funds, and funds of any kind or  character  belonging
10    to or in the custody of any public agency.
11        The  words "public agency", as used in this Act, mean the
12    State of Illinois, the various counties,  townships,  cities,
13    towns,   villages,   school  districts,  educational  service
14    regions,  special  road  districts,   public   water   supply
15    districts,  fire  protection  districts,  drainage districts,
16    levee districts, sewer districts,  housing  authorities,  the
17    Illinois  Bank  Examiners'  Education Foundation, the Chicago
18    Park  District,  and  all  other  political  corporations  or
19    subdivisions of the  State  of  Illinois,  now  or  hereafter
20    created,  whether  herein specifically mentioned or not. This
21    Act does not apply to  the  Illinois  Prepaid  Tuition  Trust
22    Fund,  private  funds  collected by the Illinois Conservation
23    Foundation or the  Environmental  Protection  Foundation,  or
24    pension  funds  or  retirement  systems established under the
25    Illinois Pension Code, except as otherwise provided  in  that
26    Code.
27    (Source: P.A. 91-669, eff. 1-1-00; 92-797, eff. 8-15-02.)

28        Section  91.  The Illinois Procurement Code is amended by
29    changing Section 1-10 as follows:

30        (30 ILCS 500/1-10)
 
                            -3-      LRB093 02584 AMC 14710 a
 1        Sec. 1-10.  Application.
 2        (a)  This Code applies only  to  procurements  for  which
 3    contractors  were  first  solicited on or after July 1, 1998.
 4    This Code shall not be construed  to  affect  or  impair  any
 5    contract,  or any provision of a contract, entered into based
 6    on a solicitation prior to the implementation  date  of  this
 7    Code as described in Article 99, including but not limited to
 8    any  covenant  entered into with respect to any revenue bonds
 9    or similar instruments. All procurements for which  contracts
10    are  solicited  between the effective date of Articles 50 and
11    99 and July 1, 1998 shall be substantially in accordance with
12    this Code and its intent.
13        (b)  This Code shall apply regardless of  the  source  of
14    the  funds  with  which  the  contracts  are  paid, including
15    federal assistance moneys. This Code shall not apply to:
16             (1)  Contracts between the State and  its  political
17        subdivisions  or  other  governments,  or  between  State
18        governmental  bodies  except  as specifically provided in
19        this Code.
20             (2)  Grants, except for the filing  requirements  of
21        Section 20-80.
22             (3)  Purchase of care.
23             (4)  Hiring  of an individual as employee and not as
24        an  independent  contractor,  whether  pursuant   to   an
25        employment  code  or  policy or by contract directly with
26        that individual.
27             (5)  Collective bargaining contracts.
28             (6)  Purchase of real estate.
29             (7)  Contracts necessary to prepare for  anticipated
30        litigation,   enforcement   actions,  or  investigations,
31        provided that the chief legal  counsel  to  the  Governor
32        shall  give  his or her prior approval when the procuring
33        agency  is  one  subject  to  the  jurisdiction  of   the
34        Governor,  and  provided  that the chief legal counsel of
 
                            -4-      LRB093 02584 AMC 14710 a
 1        any other procuring entity subject  to  this  Code  shall
 2        give  his or her prior approval when the procuring entity
 3        is not one subject to the jurisdiction of the Governor.
 4             (8)  Contracts for  services  to  Northern  Illinois
 5        University   by   a  person,  acting  as  an  independent
 6        contractor, who is qualified  by  education,  experience,
 7        and  technical ability and is selected by negotiation for
 8        the purpose of providing non-credit  educational  service
 9        activities  or  products by means of specialized programs
10        offered by the university.
11             (9)  Procurement  expenditures   by   the   Illinois
12        Conservation Foundation when only private funds are used.
13             (10)  Procurement  expenditures by the Environmental
14        Protection Foundation when only private funds are used.
15    (Source: P.A. 91-627,  eff.  8-19-99;  91-904,  eff.  7-6-00;
16    92-797, eff. 8-15-02.)".