100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1743

 

Introduced 2/9/2017, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/20-60

    Amends the Illinois Procurement Code. Provides that the Department of Innovation and Technology may enter into leases for dark fiber networks for any period of time deemed to be in the best interests of the State but not exceeding 20 years inclusive. Defines "dark fiber network". Makes conforming changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1743LRB100 06108 MLM 16140 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by
5changing Section 20-60 as follows:
 
6    (30 ILCS 500/20-60)
7    Sec. 20-60. Duration of contracts.
8    (a) Maximum duration. A contract, other than a contract
9entered into pursuant to the State University Certificates of
10Participation Act or as provided in subsection (d) of this
11Section, may be entered into for any period of time deemed to
12be in the best interests of the State but not exceeding 10
13years inclusive, beginning January 1, 2010, of proposed
14contract renewals. The length of a lease for real property or
15capital improvements shall be in accordance with the provisions
16of Section 40-25. A contract for bond or mortgage insurance
17awarded by the Illinois Housing Development Authority,
18however, may be entered into for any period of time less than
19or equal to the maximum period of time that the subject bond or
20mortgage may remain outstanding.
21    (b) Subject to appropriation. All contracts made or entered
22into shall recite that they are subject to termination and
23cancellation in any year for which the General Assembly fails

 

 

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1to make an appropriation to make payments under the terms of
2the contract.
3    (c) The chief procurement officer shall file a proposed
4extension or renewal of a contract with the Procurement Policy
5Board prior to entering into any extension or renewal if the
6cost associated with the extension or renewal exceeds $249,999.
7The Procurement Policy Board may object to the proposed
8extension or renewal within 30 calendar days and require a
9hearing before the Board prior to entering into the extension
10or renewal. If the Procurement Policy Board does not object
11within 30 calendar days or takes affirmative action to
12recommend the extension or renewal, the chief procurement
13officer may enter into the extension or renewal of a contract.
14This subsection does not apply to any emergency procurement,
15any procurement under Article 40, or any procurement exempted
16by Section 1-10(b) of this Code. If any State agency contract
17is paid for in whole or in part with federal-aid funds, grants,
18or loans and the provisions of this subsection would result in
19the loss of those federal-aid funds, grants, or loans, then the
20contract is exempt from the provisions of this subsection in
21order to remain eligible for those federal-aid funds, grants,
22or loans, and the State agency shall file notice of this
23exemption with the Procurement Policy Board prior to entering
24into the proposed extension or renewal. Nothing in this
25subsection permits a chief procurement officer to enter into an
26extension or renewal in violation of subsection (a). By August

 

 

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11 each year, the Procurement Policy Board shall file a report
2with the General Assembly identifying for the previous fiscal
3year (i) the proposed extensions or renewals that were filed
4with the Board and whether the Board objected and (ii) the
5contracts exempt from this subsection.
6    (d) As used in this subsection (d), "dark fiber network"
7means a network of fiber optic cables laid but currently unused
8by a third party that the third party is leasing for use as
9network infrastructure.
10    Notwithstanding the provisions of subsection (a) of this
11Section, the Department of Innovation and Technology may enter
12into leases for dark fiber networks for any period of time
13deemed to be in the best interests of the State but not
14exceeding 20 years inclusive. Dark fiber network lease
15contracts shall be subject to all other provisions of this Code
16and any applicable rules or requirements, including, but not
17limited to, publication of lease solicitations, use of standard
18State contracting terms and conditions, and approval of vendor
19certifications and financial disclosures.
20(Source: P.A. 95-344, eff. 8-21-07; 96-15, eff. 6-22-09;
2196-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 for the
22effective date of changes made by P.A. 96-795); 96-920, eff.
237-1-10; 96-1478, eff. 8-23-10.)