Full Text of SB2124 103rd General Assembly
SB2124 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2124 Introduced 2/10/2023, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Procurement Code. Provides that, in connection with the issuance of certificates of participation, the governing board of a public institution of higher education may enter into contracts for a term of not more than 35 years for the purpose of financing or refinancing real or personal property. Effective immediately.
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| | A BILL FOR |
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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 ; provided that, in | 12 | | connection with the issuance of certificates of participation, | 13 | | the governing board of a public institution of higher | 14 | | education, as defined in Section 1-13, may enter into | 15 | | contracts for a term of not more than 35 years for the purpose | 16 | | of financing or refinancing real or personal property . Third | 17 | | parties may lease State-owned dark fiber networks for any | 18 | | period of time deemed to be in the best interest of the State, | 19 | | but not exceeding 20 years. The length of
a lease for real | 20 | | property or capital improvements shall be in
accordance with | 21 | | the provisions of
Section 40-25. The length of energy | 22 | | conservation program contracts or energy savings contracts or | 23 | | leases shall be in accordance with the provisions of Section |
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| 1 | | 25-45. A contract for bond or mortgage insurance awarded by | 2 | | the Illinois Housing Development Authority, however, may be | 3 | | entered into for any period of time less than or equal to the | 4 | | maximum period of time that the subject bond or mortgage may | 5 | | remain outstanding.
| 6 | | (b) Subject to appropriation. All contracts made or | 7 | | entered
into shall recite that they are
subject to termination | 8 | | and cancellation in any year for which the
General Assembly | 9 | | fails to make
an appropriation to make payments under the | 10 | | terms of the contract. | 11 | | (c) The chief procurement officer shall file a proposed | 12 | | extension or renewal of a contract with the Procurement Policy | 13 | | Board and the Commission on Equity and Inclusion prior to | 14 | | entering into any extension or renewal if the cost associated | 15 | | with the extension or renewal exceeds $249,999. The | 16 | | Procurement Policy Board or the Commission on Equity and | 17 | | Inclusion may object to the proposed extension or renewal | 18 | | within 14 calendar days and require a hearing before the Board | 19 | | or the Commission on Equity and Inclusion prior to entering | 20 | | into the extension or renewal. If the Procurement Policy Board | 21 | | or the Commission on Equity and Inclusion does not object | 22 | | within 14 calendar days or takes affirmative action to | 23 | | recommend the extension or renewal, the chief procurement | 24 | | officer may enter into the extension or renewal of a contract. | 25 | | This subsection does not apply to any emergency procurement, | 26 | | any procurement under Article 40, or any procurement exempted |
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| 1 | | by Section 1-10(b) of this Code. If any State agency contract | 2 | | is paid for in whole or in part with federal-aid funds, grants, | 3 | | or loans and the provisions of this subsection would result in | 4 | | the loss of those federal-aid funds, grants, or loans, then | 5 | | the contract is exempt from the provisions of this subsection | 6 | | in order to remain eligible for those federal-aid funds, | 7 | | grants, or loans, and the State agency shall file notice of | 8 | | this exemption with the Procurement Policy Board or the | 9 | | Commission on Equity and Inclusion prior to entering into the | 10 | | proposed extension or renewal. Nothing in this subsection | 11 | | permits a chief procurement officer to enter into an extension | 12 | | or renewal in violation of subsection (a). By August 1 each | 13 | | year, the Procurement Policy Board and the Commission on | 14 | | Equity and Inclusion shall each file a report with the General | 15 | | Assembly identifying for the previous fiscal year (i) the | 16 | | proposed extensions or renewals that were filed and whether | 17 | | such extensions and renewals were objected to and (ii) the | 18 | | contracts exempt from this subsection. | 19 | | (d) Notwithstanding the provisions of subsection (a) of | 20 | | this Section, the Department of Innovation and Technology may | 21 | | enter into leases for dark fiber networks for any period of | 22 | | time deemed to be in the best interests of the State but not | 23 | | exceeding 20 years inclusive. The Department of Innovation and | 24 | | Technology may lease dark fiber networks from third parties | 25 | | only for the primary purpose of providing services (i) to the | 26 | | offices of Governor, Lieutenant Governor, Attorney General, |
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| 1 | | Secretary of State, Comptroller, or Treasurer and State | 2 | | agencies, as defined under Section 5-15 of the Civil | 3 | | Administrative Code of Illinois or (ii) for anchor | 4 | | institutions, as defined in Section 7 of the Illinois Century | 5 | | Network Act. Dark fiber network lease contracts shall be | 6 | | subject to all other provisions of this Code and any | 7 | | applicable rules or requirements, including, but not limited | 8 | | to, publication of lease solicitations, use of standard State | 9 | | contracting terms and conditions, and approval of vendor | 10 | | certifications and financial disclosures. | 11 | | (e) As used in this Section, "dark fiber network" means a | 12 | | network of fiber optic cables laid but currently unused by a | 13 | | third party that the third party is leasing for use as network | 14 | | infrastructure. | 15 | | (f) No vendor shall be eligible for renewal of a contract | 16 | | when that vendor has failed to meet the goals agreed to in the | 17 | | vendor's utilization plan, as defined in Section 2 of the | 18 | | Business Enterprise for Minorities, Women, and Persons with | 19 | | Disabilities Act, unless the State agency or public | 20 | | institution of higher education has determined that the vendor | 21 | | made good faith efforts toward meeting the contract goals. If | 22 | | the State agency or public institution of higher education | 23 | | determines that the vendor made good faith efforts, the agency | 24 | | or public institution of higher education may issue a waiver | 25 | | after concurrence by the chief procurement officer, which | 26 | | shall not be unreasonably withheld or impair a State agency |
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| 1 | | determination to execute the renewal. The form and content of | 2 | | the waiver shall be prescribed by each chief procurement | 3 | | officer, but shall not impair a State agency or public | 4 | | institution of higher education determination to execute the | 5 | | renewal. The chief procurement officer shall post the | 6 | | completed form on his or her official website within 5 | 7 | | business days after receipt from the State agency or public | 8 | | institution of higher education. The chief procurement officer | 9 | | shall maintain on his or her official website a database of | 10 | | waivers granted under this Section with respect to contracts | 11 | | under his or her jurisdiction. The database shall be updated | 12 | | periodically and shall be searchable by contractor name and by | 13 | | contracting State agency or public institution of higher | 14 | | education. | 15 | | (Source: P.A. 101-81, eff. 7-12-19; 101-657, Article 5, | 16 | | Section 5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for | 17 | | effective date of P.A. 101-657, Article 5, Section 5-5); | 18 | | 101-657, Article 40, Section 40-125, eff. 1-1-22; 102-29, eff. | 19 | | 6-25-21; 102-721, eff. 1-1-23 .)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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