State of Illinois
91st General Assembly

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SB174 Engrossed                               LRB9100751MWpcA

 1        AN ACT to amend the Illinois Procurement Code by changing
 2    Section 1-10.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Illinois Procurement Code is amended by
 6    changing 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
10    contractors  were  first  solicited on or after July 1, 1998.
11    This Code shall not be construed  to  affect  or  impair  any
12    contract,  or any provision of a contract, entered into based
13    on a solicitation prior to the implementation  date  of  this
14    Code as described in Article 99, including but not limited to
15    any  covenant  entered into with respect to any revenue bonds
16    or similar instruments. All procurements for which  contracts
17    are  solicited  between the effective date of Articles 50 and
18    99 and July 1, 1998 shall be substantially in accordance with
19    this Code and its intent.
20        (b)  This Code shall apply regardless of  the  source  of
21    the  funds  with  which  the  contracts  are  paid, including
22    federal assistance moneys. This Code shall not apply to:
23             (1)  contracts between the State and  its  political
24        subdivisions  or  other  governments,  or  between  State
25        governmental  bodies  except  as specifically provided in
26        this Code.
27             (2)  grants.
28             (3)  purchase of care.
29             (4)  hiring of an individual as employee and not  as
30        an   independent   contractor,  whether  pursuant  to  an
31        employment code or policy or by  contract  directly  with
SB174 Engrossed             -2-               LRB9100751MWpcA
 1        that individual.
 2             (5)  collective bargaining contracts.
 3             (6)  purchase of real estate.
 4             (7)  contracts  necessary to prepare for anticipated
 5        litigation,  enforcement  actions,   or   investigations,
 6        provided  that  the  chief  legal counsel to the Governor
 7        shall give his or her prior approval when  the  procuring
 8        agency   is  one  subject  to  the  jurisdiction  of  the
 9        Governor, and provided that the chief  legal  counsel  of
10        any  other  procuring  entity  subject to this Code shall
11        give his or her prior approval when the procuring  entity
12        is not one subject to the jurisdiction of the Governor.
13             (8)  concessions   awarded   by  the  Department  of
14        Agriculture  to  private  sector  vendors  of  food   and
15        beverages  and  other  goods and services at the Illinois
16        State Fair, the DuQuoin State Fair, or both fairs.
17    (Source: P.A. 90-572, eff. date - See Sec. 99-5.)

18        Section 99.  Effective date.  This Act takes effect  upon
19    becoming law.

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