SB1244sam001 97TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 2/24/2011

09700SB1244sam001 LRB097 06760 RPM 51264 a

AMENDMENT TO SENATE BILL 1244

AMENDMENT NO. ______. Amend Senate Bill 1244 as follows:

on page 1, immediately below line 3, by inserting the following:

"Section 3. The Illinois Procurement Code is amended by changing Section 1-10 as follows:

(30 ILCS 500/1-10)

Sec. 1-10. Application.

(a) This Code applies only to procurements for which contractors were first solicited on or after July 1, 1998. This Code shall not be construed to affect or impair any contract, or any provision of a contract, entered into based on a solicitation prior to the implementation date of this Code as described in Article 99, including but not limited to any covenant entered into with respect to any revenue bonds or similar instruments. All procurements for which contracts are solicited between the effective date of Articles 50 and 99 and July 1, 1998 shall be substantially in accordance with this Code and its intent.

(b) This Code shall apply regardless of the source of the funds with which the contracts are paid, including federal assistance moneys. This Code shall not apply to:

(1) Contracts between the State and its political subdivisions or other governments, or between State governmental bodies except as specifically provided in this Code.

(2) Grants, except for the filing requirements of Section 20-80.

(3) Purchase of care.

(4) Hiring of an individual as employee and not as an independent contractor, whether pursuant to an employment code or policy or by contract directly with that individual.

(5) Collective bargaining contracts.

(6) Purchase of real estate, except that notice of this type of contract with a value of more than $25,000 must be published in the Procurement Bulletin within 7 days after the deed is recorded in the county of jurisdiction. The notice shall identify the real estate purchased, the names of all parties to the contract, the value of the contract, and the effective date of the contract.

(7) Contracts necessary to prepare for anticipated litigation, enforcement actions, or investigations, provided that the chief legal counsel to the Governor shall give his or her prior approval when the procuring agency is one subject to the jurisdiction of the Governor, and provided that the chief legal counsel of any other procuring entity subject to this Code shall give his or her prior approval when the procuring entity is not one subject to the jurisdiction of the Governor.

(8) Contracts for services to Northern Illinois University by a person, acting as an independent contractor, who is qualified by education, experience, and technical ability and is selected by negotiation for the purpose of providing non-credit educational service activities or products by means of specialized programs offered by the university.

(9) Procurement expenditures by the Illinois Conservation Foundation when only private funds are used.

(10) Procurement expenditures by the Illinois Health Information Exchange Authority involving private funds from the Health Information Exchange Fund. "Private funds" means gifts, donations, and private grants.

(c) This Code does not apply to the electric power procurement process provided for under Section 1-75 of the Illinois Power Agency Act and Section 16-111.5 of the Public Utilities Act.

(d) Except for Section 20-160 and Article 50 of this Code, and as expressly required by Section 9.1 of the Illinois Lottery Law, the provisions of this Code do not apply to the procurement process provided for under Section 9.1 of the Illinois Lottery Law.

(e) The provisions of this Code do not apply to contracts between the Director of Insurance and a non-governmental entity entered into pursuant to paragraph (d) of subsection (3) of Section 445 of the Illinois Insurance Code.

(Source: P.A. 95-481, eff. 8-28-07; 95-615, eff. 9-11-07; 95-876, eff. 8-21-08; 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10.)"; and

on page 1, immediately below line 19, by inserting the following:

""Home state" means with respect to an insured (i) the state in which an insured maintains its principal place of business or, in the case of an individual, the individual's principal residence or (ii) if 100% of the insured risk is located out of the state referred to in item (i) of this definition for "home state", then the state to which the greatest percentage of the insured's taxable premium for that insurance contract is allocated. With respect to affiliated groups, if more than one insured from an affiliated group are named insureds on a single nonadmitted insurance contract, then the term "home state" means the home state, as defined in items (i) and (ii) of this definition for "home state", of the member of the affiliated group that has the largest percentage of premium attributed to it under the insurance contract."; and

on page 6, by replacing line 24 with the following:

insurance. Such allocation shall be based upon reports filed by the surplus line producer with the insured's home state or its clearing house designee detailing the portion of the nonadmitted insurance policy premium or premiums attributable to properties, risks, or exposures located in each state. The Director may contract with a"; and

on page 7, line 4, after the period, by inserting "Such contracts are exempt from the provisions of the Illinois Procurement Code.".