HB1123 97TH GENERAL ASSEMBLY

LRB097 06057 PJG 46130 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1123

Introduced 02/07/11, by Rep. Sidney H. Mathias

SYNOPSIS AS INTRODUCED:

30 ILCS 500/40-20

Amends the Illinois Procurement Code. Requires that copies of a lease be filed with the Comptroller and the Procurement Policy Board (now, the Comptroller). Authorizes the Board to review a real property lease for 10,000 or more square feet with annual rent payments of $100,000 or more for 30 days after receiving the lease. Permits the Board to object in writing within those 30 days. Provides that if the Board does not object, then the lease becomes effective according to its terms. Requires the leasing agency to provide any and all materials to assist the Board in its review.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Procurement Code is amended by changing Section 40-20 as follows:

(30 ILCS 500/40-20)

Sec. 40-20. Request for information.

(a) Conditions for use. Leases shall be procured by request for information except as otherwise provided in Section 40-15.

(b) Form. A request for information shall be issued and shall include:

(1) the type of property to be leased;

(2) the proposed uses of the property;

(3) the duration of the lease;

(4) the preferred location of the property; and

(5) a general description of the configuration desired.

(c) Public notice. Public notice of the request for information for the availability of real property to lease shall be published in the appropriate volume of the Illinois Procurement Bulletin at least 14 days before the date set forth in the request for receipt of responses and shall also be published in similar manner in a newspaper of general circulation in the community or communities where the using agency is seeking space.

(d) Response. The request for information response shall consist of written information sufficient to show that the respondent can meet minimum criteria set forth in the request. State purchasing officers may enter into discussions with respondents for the purpose of clarifying State needs and the information supplied by the respondents. On the basis of the information supplied and discussions, if any, a State purchasing officer shall make a written determination identifying the responses that meet the minimum criteria set forth in the request for information. Negotiations shall be entered into with all qualified respondents for the purpose of securing a lease that is in the best interest of the State. A written report of the negotiations shall be retained in the lease files and shall include the reasons for the final selection. All leases shall be reduced to writing; one copy shall be filed with the Comptroller and filed in accordance with the provisions of Section 20-80, and one copy shall be filed with the Board.

When the lowest response by price is not selected, the State purchasing officer shall forward to the chief procurement officer, along with the lease, notice of the identity of the lowest respondent by price and written reasons for the selection of a different response. The chief procurement officer shall publish the written reasons in the next volume of the Illinois Procurement Bulletin.

(e) Board review. Upon receipt of any proposed lease of real property of 10,000 or more square feet with annual rent payments of $100,000 or more, the Procurement Policy Board shall have 30 days to review the proposed lease. If the Board does not object in writing within those 30 days, then the proposed lease shall become effective according to its terms as submitted. The leasing agency shall make any and all materials available to the Board to assist in the review process.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)