State of Illinois
2023 and 2024


Introduced 2/28/2024, by Sen. Cristina Castro


30 ILCS 500/20-60

    Amends the Illinois Procurement Code. Provides that third parties may lease State-owned communications infrastructure, including dark fiber networks, conduit, and excess communication tower capacity (rather than State-owned dark fiber networks).

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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 may be entered into for
9any period of time deemed to be in the best interests of the
10State but not exceeding 10 years inclusive, beginning January
111, 2010, of proposed contract renewals; provided, however, in
12connection with the issuance of certificates of participation
13or bonds, the governing board of a public institution of
14higher education may enter into contracts in excess of 10
15years but not to exceed 30 years for the purpose of financing
16or refinancing real or personal property. Third parties may
17lease State-owned communications infrastructure, including
18dark fiber networks, conduit, and excess communication tower
19capacity, for any period of time deemed to be in the best
20interest of the State, but not exceeding 20 years. The length
21of a lease for real property or capital improvements shall be
22in accordance with the provisions of Section 40-25. The length
23of energy conservation program contracts or energy savings



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1contracts or leases shall be in accordance with the provisions
2of Section 25-45. A contract for bond or mortgage insurance
3awarded by the Illinois Housing Development Authority,
4however, may be entered into for any period of time less than
5or equal to the maximum period of time that the subject bond or
6mortgage may remain outstanding.
7    (b) Subject to appropriation. All contracts made or
8entered into shall recite that they are subject to termination
9and cancellation in any year for which the General Assembly
10fails to make an appropriation to make payments under the
11terms of the contract.
12    (c) The chief procurement officer shall file a proposed
13extension or renewal of a contract with the Procurement Policy
14Board and the Commission on Equity and Inclusion prior to
15entering into any extension or renewal if the cost associated
16with the extension or renewal exceeds $249,999. The
17Procurement Policy Board or the Commission on Equity and
18Inclusion may object to the proposed extension or renewal
19within 14 calendar days and require a hearing before the Board
20or the Commission on Equity and Inclusion prior to entering
21into the extension or renewal. If the Procurement Policy Board
22or the Commission on Equity and Inclusion does not object
23within 14 calendar days or takes affirmative action to
24recommend the extension or renewal, the chief procurement
25officer may enter into the extension or renewal of a contract.
26This subsection does not apply to any emergency procurement,



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1any procurement under Article 40, or any procurement exempted
2by Section 1-10(b) of this Code. If any State agency contract
3is paid for in whole or in part with federal-aid funds, grants,
4or loans and the provisions of this subsection would result in
5the loss of those federal-aid funds, grants, or loans, then
6the contract is exempt from the provisions of this subsection
7in order to remain eligible for those federal-aid funds,
8grants, or loans, and the State agency shall file notice of
9this exemption with the Procurement Policy Board or the
10Commission on Equity and Inclusion prior to entering into the
11proposed extension or renewal. Nothing in this subsection
12permits a chief procurement officer to enter into an extension
13or renewal in violation of subsection (a). By August 1 each
14year, the Procurement Policy Board and the Commission on
15Equity and Inclusion shall each file a report with the General
16Assembly identifying for the previous fiscal year (i) the
17proposed extensions or renewals that were filed and whether
18such extensions and renewals were objected to and (ii) the
19contracts exempt from this subsection.
20    (d) Notwithstanding the provisions of subsection (a) of
21this Section, the Department of Innovation and Technology may
22enter into leases for dark fiber networks for any period of
23time deemed to be in the best interests of the State but not
24exceeding 20 years inclusive. The Department of Innovation and
25Technology may lease dark fiber networks from third parties
26only for the primary purpose of providing services (i) to the



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1offices of Governor, Lieutenant Governor, Attorney General,
2Secretary of State, Comptroller, or Treasurer and State
3agencies, as defined under Section 5-15 of the Civil
4Administrative Code of Illinois or (ii) for anchor
5institutions, as defined in Section 7 of the Illinois Century
6Network Act. Dark fiber network lease contracts shall be
7subject to all other provisions of this Code and any
8applicable rules or requirements, including, but not limited
9to, publication of lease solicitations, use of standard State
10contracting terms and conditions, and approval of vendor
11certifications and financial disclosures.
12    (e) As used in this Section, "dark fiber network" means a
13network of fiber optic cables laid but currently unused by a
14third party that the third party is leasing for use as network
16    (f) No vendor shall be eligible for renewal of a contract
17when that vendor has failed to meet the goals agreed to in the
18vendor's utilization plan, as defined in Section 2 of the
19Business Enterprise for Minorities, Women, and Persons with
20Disabilities Act, unless the State agency or public
21institution of higher education has determined that the vendor
22made good faith efforts toward meeting the contract goals. If
23the State agency or public institution of higher education
24determines that the vendor made good faith efforts, the agency
25or public institution of higher education may issue a waiver
26after concurrence by the chief procurement officer, which



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1shall not be unreasonably withheld or impair a State agency
2determination to execute the renewal. The form and content of
3the waiver shall be prescribed by each chief procurement
4officer, but shall not impair a State agency or public
5institution of higher education determination to execute the
6renewal. The chief procurement officer shall post the
7completed form on his or her official website within 5
8business days after receipt from the State agency or public
9institution of higher education. The chief procurement officer
10shall maintain on his or her official website a database of
11waivers granted under this Section with respect to contracts
12under his or her jurisdiction. The database shall be updated
13periodically and shall be searchable by contractor name and by
14contracting State agency or public institution of higher
16(Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23;
17103-570, eff. 1-1-24.)