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91_SB0294eng SB294 Engrossed 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 SB294 Engrossed -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.