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91_SB0294
LRB9102978DHmg
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
-2- LRB9102978DHmg
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) contracts for services to a public university
14 by a person, acting as an independent contractor, who is
15 qualified by education, experience, and technical ability
16 and is selected by negotiation for the purpose of
17 providing non-credit educational service activities or
18 products by means of specialized programs offered by the
19 public university.
20 (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.