Full Text of SB2040 101st General Assembly
SB2040eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | changing Section 20-60 as follows: | 6 | | (30 ILCS 500/20-60) | 7 | | Sec. 20-60. Duration of contracts. | 8 | | (a) Maximum duration. A contract may be entered into for
| 9 | | any period of time deemed
to be in the best interests of the | 10 | | State but not
exceeding 10 years inclusive, beginning January | 11 | | 1, 2010, of proposed contract renewals. Third parties may lease | 12 | | State-owned dark fiber networks for any period of time deemed | 13 | | to be in the best interest of the State, but not exceeding 20 | 14 | | years. The length of
a lease for real property or capital | 15 | | improvements shall be in
accordance with the provisions of
| 16 | | Section 40-25. The length of energy conservation program | 17 | | contracts or energy savings contracts or leases shall be in | 18 | | accordance with the provisions of Section 25-45. A contract for | 19 | | bond or mortgage insurance awarded by the Illinois Housing | 20 | | Development Authority, however, may be entered into for any | 21 | | period of time less than or equal to the maximum period of time | 22 | | that the subject bond or mortgage may remain outstanding.
| 23 | | (b) Subject to appropriation. All contracts made or entered
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| 1 | | into shall recite that they are
subject to termination and | 2 | | cancellation in any year for which the
General Assembly fails | 3 | | to make
an appropriation to make payments under the terms of | 4 | | the contract. | 5 | | (c) The chief procurement officer shall file a proposed | 6 | | extension or renewal of a contract with the Procurement Policy | 7 | | Board prior to entering into any extension or renewal if the | 8 | | cost associated with the extension or renewal exceeds $249,999. | 9 | | The Procurement Policy Board may object to the proposed | 10 | | extension or renewal within 14 30 calendar days and require a | 11 | | hearing before the Board prior to entering into the extension | 12 | | or renewal. If the Procurement Policy Board does not object | 13 | | within 14 30 calendar days or takes affirmative action to | 14 | | recommend the extension or renewal, the chief procurement | 15 | | officer may enter into the extension or renewal of a contract. | 16 | | This subsection does not apply to any emergency procurement, | 17 | | any procurement under Article 40, or any procurement exempted | 18 | | by Section 1-10(b) of this Code. If any State agency contract | 19 | | is paid for in whole or in part with federal-aid funds, grants, | 20 | | or loans and the provisions of this subsection would result in | 21 | | the loss of those federal-aid funds, grants, or loans, then the | 22 | | contract is exempt from the provisions of this subsection in | 23 | | order to remain eligible for those federal-aid funds, grants, | 24 | | or loans, and the State agency shall file notice of this | 25 | | exemption with the Procurement Policy Board prior to entering | 26 | | into the proposed extension or renewal. Nothing in this |
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| 1 | | subsection permits a chief procurement officer to enter into an | 2 | | extension or renewal in violation of subsection (a). By August | 3 | | 1 each year, the Procurement Policy Board shall file a report | 4 | | with the General Assembly identifying for the previous fiscal | 5 | | year (i) the proposed extensions or renewals that were filed | 6 | | with the Board and whether the Board objected and (ii) the | 7 | | contracts exempt from this subsection. | 8 | | (d) Notwithstanding the provisions of subsection (a) of | 9 | | this Section, the Department of Innovation and Technology may | 10 | | enter into leases for dark fiber networks for any period of | 11 | | time deemed to be in the best interests of the State but not | 12 | | exceeding 20 years inclusive. The Department of Innovation and | 13 | | Technology may lease dark fiber networks from third parties | 14 | | only for the primary purpose of providing services to (i) to | 15 | | the offices of Governor, Lieutenant Governor, Attorney | 16 | | General, Secretary of State, Comptroller, or Treasurer and | 17 | | State agencies, as defined under Section 5-15 of the Civil | 18 | | Administrative Code of Illinois or (ii) for anchor | 19 | | institutions, as defined in Section 7 of the Illinois Century | 20 | | Network Act. Dark fiber network lease contracts shall be | 21 | | subject to all other provisions of this Code and any applicable | 22 | | rules or requirements, including, but not limited to, | 23 | | publication of lease solicitations, use of standard State | 24 | | contracting terms and conditions, and approval of vendor | 25 | | certifications and financial disclosures. | 26 | | (e) As used in this Section, "dark fiber network" means a |
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| 1 | | network of fiber optic cables laid but currently unused by a | 2 | | third party that the third party is leasing for use as network | 3 | | infrastructure. | 4 | | (Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18; | 5 | | revised 10-11-18.)
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