Bill Text: IL SB1244 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Insurance Code. Deletes certain provisions concerning licensure requirements for surplus line producers. Makes changes to the provision concerning surplus line taxes and penalties for late payment. Sets forth provisions concerning multi-state agreements. Deletes provisions concerning surety bonds and application of the Illinois Surplus Line law. Makes changes to a provision concerning the Surplus Line Association of Illinois. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB1244 Detail]
Download: Illinois-2011-SB1244-Amended.html
Bill Title: Amends the Illinois Insurance Code. Deletes certain provisions concerning licensure requirements for surplus line producers. Makes changes to the provision concerning surplus line taxes and penalties for late payment. Sets forth provisions concerning multi-state agreements. Deletes provisions concerning surety bonds and application of the Illinois Surplus Line law. Makes changes to a provision concerning the Surplus Line Association of Illinois. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [SB1244 Detail]
Download: Illinois-2011-SB1244-Amended.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 1244
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 1244 as follows:
| ||||||
3 | on page 1, immediately below line 3, by inserting the | ||||||
4 | following:
| ||||||
5 | "Section 3. 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. This | ||||||
11 | Code shall not be construed to affect
or impair any contract, | ||||||
12 | or any provision of a contract, entered into based on a
| ||||||
13 | solicitation prior to the implementation date of this Code as | ||||||
14 | described in
Article 99, including but not limited to any | ||||||
15 | covenant entered into with respect
to any revenue bonds or |
| |||||||
| |||||||
1 | similar instruments.
All procurements for which contracts are | ||||||
2 | solicited between the effective date
of Articles 50 and 99 and | ||||||
3 | July 1, 1998 shall be substantially in accordance
with this | ||||||
4 | Code and its intent.
| ||||||
5 | (b) This Code shall apply regardless of the source of the | ||||||
6 | funds with which
the contracts are paid, including federal | ||||||
7 | assistance 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.
|
| |||||||
| |||||||
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 | ||||||
24 | procurement process provided for under Section 1-75 of the | ||||||
25 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
26 | Utilities Act. |
| |||||||
| |||||||
1 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
2 | and as expressly required by Section 9.1 of the Illinois | ||||||
3 | Lottery Law, the provisions of this Code do not apply to the | ||||||
4 | procurement process provided for under Section 9.1 of the | ||||||
5 | Illinois Lottery Law. | ||||||
6 | (e) The provisions of this Code do not apply to contracts | ||||||
7 | between the Director of Insurance and a non-governmental entity | ||||||
8 | entered into pursuant to paragraph (d) of subsection (3) of | ||||||
9 | Section 445 of the Illinois Insurance Code. | ||||||
10 | (Source: P.A. 95-481, eff. 8-28-07; 95-615, eff. 9-11-07; | ||||||
11 | 95-876, eff. 8-21-08; 96-840, eff. 12-23-09; 96-1331, eff. | ||||||
12 | 7-27-10.)"; and
| ||||||
13 | on page 1, immediately below line 19, by inserting the | ||||||
14 | following: | ||||||
15 | " "Home state" means with respect to an insured (i) the | ||||||
16 | state in which an insured maintains its principal place of | ||||||
17 | business or, in the case of an individual, the individual's | ||||||
18 | principal residence or (ii) if 100% of the insured risk is | ||||||
19 | located out of the state referred to in item (i) of this | ||||||
20 | definition for "home state", then the state to which the | ||||||
21 | greatest percentage of the insured's taxable premium for that | ||||||
22 | insurance contract is allocated. With respect to affiliated | ||||||
23 | groups, if more than one insured from an affiliated group are | ||||||
24 | named insureds on a single nonadmitted insurance contract, then | ||||||
25 | the term "home state" means the home state, as defined in items |
| |||||||
| |||||||
1 | (i) and (ii) of this definition for "home state", of the member | ||||||
2 | of the affiliated group that has the largest percentage of | ||||||
3 | premium attributed to it under the insurance contract. "; and
| ||||||
4 | on 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
| ||||||
11 | on page 7, line 4, after the period, by inserting " Such | ||||||
12 | contracts are exempt from the provisions of the Illinois | ||||||
13 | Procurement Code. ".
|