HB0139ham001 100TH GENERAL ASSEMBLY

Rep. Arthur Turner

Filed: 3/14/2017

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AMENDMENT TO HOUSE BILL 139

AMENDMENT NO. ______. Amend House Bill 139 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Procurement Code is amended by changing Section 40-25 as follows:

(30 ILCS 500/40-25)

Sec. 40-25. Length of leases.

(a) Maximum term. Leases shall be for a term not to exceed 10 years inclusive, beginning January, 1, 2010, of proposed contract renewals and shall include a termination option in favor of the State after 5 years. Notwithstanding the provisions of this subsection (a), any lease for real property entered into by a public institution of higher education may exceed 10 years in length, but may not exceed 30 years in length, provided: (i) the lease requires the lessor to make capital improvements in excess of $100,000 and (ii) the governing board of the public institution of higher education determines a term of more than 10 years is necessary and is in the best interest of the public institution of higher education.

(b) Renewal. Leases may include a renewal option. An option to renew may be exercised only when a State purchasing officer determines in writing that renewal is in the best interest of the State and notice of the exercise of the option is published in the appropriate volume of the Procurement Bulletin at least 60 calendar days prior to the exercise of the option.

(c) Subject to appropriation. All leases shall recite that they are subject to termination and cancellation in any year for which the General Assembly fails to make an appropriation to make payments under the terms of the lease.

(d) Holdover. Beginning January 1, 2010, no lease may continue on a month-to-month or other holdover basis for a total of more than 6 months. Beginning July 1, 2010, the Comptroller shall withhold payment of leases beyond this holdover period.

(Source: P.A. 98-1076, eff. 1-1-15.)

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