Sen. William R. Haine

Filed: 2/24/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1244

2    AMENDMENT NO. ______. Amend Senate Bill 1244 as follows:
 
3on page 1, immediately below line 3, by inserting the
4following:
 
5    "Section 3. The Illinois Procurement Code is amended by
6changing 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
10contractors were first solicited on or after July 1, 1998. This
11Code shall not be construed to affect or impair any contract,
12or any provision of a contract, entered into based on a
13solicitation prior to the implementation date of this Code as
14described in Article 99, including but not limited to any
15covenant entered into with respect to any revenue bonds or

 

 

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1similar instruments. All procurements for which contracts are
2solicited between the effective date of Articles 50 and 99 and
3July 1, 1998 shall be substantially in accordance with this
4Code and its intent.
5    (b) This Code shall apply regardless of the source of the
6funds with which the contracts are paid, including federal
7assistance 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.

 

 

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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
24procurement process provided for under Section 1-75 of the
25Illinois Power Agency Act and Section 16-111.5 of the Public
26Utilities Act.

 

 

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1    (d) Except for Section 20-160 and Article 50 of this Code,
2and as expressly required by Section 9.1 of the Illinois
3Lottery Law, the provisions of this Code do not apply to the
4procurement process provided for under Section 9.1 of the
5Illinois Lottery Law.
6    (e) The provisions of this Code do not apply to contracts
7between the Director of Insurance and a non-governmental entity
8entered into pursuant to paragraph (d) of subsection (3) of
9Section 445 of the Illinois Insurance Code.
10(Source: P.A. 95-481, eff. 8-28-07; 95-615, eff. 9-11-07;
1195-876, eff. 8-21-08; 96-840, eff. 12-23-09; 96-1331, eff.
127-27-10.)"; and
 
13on page 1, immediately below line 19, by inserting the
14following:
15    ""Home state" means with respect to an insured (i) the
16state in which an insured maintains its principal place of
17business or, in the case of an individual, the individual's
18principal residence or (ii) if 100% of the insured risk is
19located out of the state referred to in item (i) of this
20definition for "home state", then the state to which the
21greatest percentage of the insured's taxable premium for that
22insurance contract is allocated. With respect to affiliated
23groups, if more than one insured from an affiliated group are
24named insureds on a single nonadmitted insurance contract, then
25the term "home state" means the home state, as defined in items

 

 

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1(i) and (ii) of this definition for "home state", of the member
2of the affiliated group that has the largest percentage of
3premium attributed to it under the insurance contract."; and
 
4on 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
 
11on page 7, line 4, after the period, by inserting "Such
12contracts are exempt from the provisions of the Illinois
13Procurement Code.".