Full Text of HB1724 102nd General Assembly
HB1724eng 102ND GENERAL ASSEMBLY |
| | HB1724 Engrossed | | LRB102 13872 RJF 19223 b |
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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 | 12 | | lease State-owned dark fiber networks for any period of time | 13 | | deemed to be in the best interest of the State, but not | 14 | | exceeding 20 years. The length of
a lease for real property or | 15 | | capital improvements shall be in
accordance with the | 16 | | provisions of
Section 40-25. The length of energy conservation | 17 | | program contracts or energy savings contracts or leases shall | 18 | | be in accordance with the provisions of Section 25-45. A | 19 | | contract for bond or mortgage insurance awarded by the | 20 | | Illinois Housing Development Authority, however, may be | 21 | | entered into for any period of time less than or equal to the | 22 | | maximum period of time that the subject bond or mortgage may | 23 | | remain outstanding.
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| 1 | | (b) Subject to appropriation. All contracts made or | 2 | | entered
into shall recite that they are
subject to termination | 3 | | and cancellation in any year for which the
General Assembly | 4 | | fails to make
an appropriation to make payments under the | 5 | | terms of the contract. | 6 | | (c) The chief procurement officer shall file a proposed | 7 | | extension or renewal of a contract with the Procurement Policy | 8 | | Board prior to entering into any extension or renewal if the | 9 | | cost associated with the extension or renewal exceeds | 10 | | $249,999. The Procurement Policy Board may object to the | 11 | | proposed extension or renewal within 14 30 calendar days and | 12 | | require a hearing before the Board prior to entering into the | 13 | | extension or renewal. If the Procurement Policy Board does not | 14 | | object within 14 30 calendar days or takes affirmative action | 15 | | to recommend the extension or renewal, the chief procurement | 16 | | officer may enter into the extension or renewal of a contract. | 17 | | This subsection does not apply to any emergency procurement, | 18 | | any procurement under Article 40, or any procurement exempted | 19 | | by Section 1-10(b) of this Code. If any State agency contract | 20 | | is paid for in whole or in part with federal-aid funds, grants, | 21 | | or loans and the provisions of this subsection would result in | 22 | | the loss of those federal-aid funds, grants, or loans, then | 23 | | the contract is exempt from the provisions of this subsection | 24 | | in order to remain eligible for those federal-aid funds, | 25 | | grants, or loans, and the State agency shall file notice of | 26 | | this exemption with the Procurement Policy Board prior to |
| | | HB1724 Engrossed | - 3 - | LRB102 13872 RJF 19223 b |
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| 1 | | entering into the proposed extension or renewal. Nothing in | 2 | | this subsection permits a chief procurement officer to enter | 3 | | into an extension or renewal in violation of subsection (a). | 4 | | By August 1 each year, the Procurement Policy Board shall file | 5 | | a report with the General Assembly identifying for the | 6 | | previous fiscal year (i) the proposed extensions or renewals | 7 | | that were filed with the Board and whether the Board objected | 8 | | and (ii) the contracts exempt from this subsection. | 9 | | (d) Notwithstanding the provisions of subsection (a) of | 10 | | this Section, the Department of Innovation and Technology may | 11 | | enter into leases for dark fiber networks for any period of | 12 | | time deemed to be in the best interests of the State but not | 13 | | exceeding 20 years inclusive. The Department of Innovation and | 14 | | Technology may lease dark fiber networks from third parties | 15 | | only for the primary purpose of providing services (i) to the | 16 | | offices of Governor, Lieutenant Governor, Attorney General, | 17 | | Secretary of State, Comptroller, or Treasurer and State | 18 | | agencies, as defined under Section 5-15 of the Civil | 19 | | Administrative Code of Illinois or (ii) for anchor | 20 | | institutions, as defined in Section 7 of the Illinois Century | 21 | | Network Act. Dark fiber network lease contracts shall be | 22 | | subject to all other provisions of this Code and any | 23 | | applicable rules or requirements, including, but not limited | 24 | | to, publication of lease solicitations, use of standard State | 25 | | contracting terms and conditions, and approval of vendor | 26 | | certifications and financial disclosures. |
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| 1 | | (e) As used in this Section, "dark fiber network" means a | 2 | | network of fiber optic cables laid but currently unused by a | 3 | | third party that the third party is leasing for use as network | 4 | | infrastructure. | 5 | | (Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18; | 6 | | 101-81, eff. 7-12-19.)
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