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Rep. Arthur Turner
Filed: 3/14/2017
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| 1 | | AMENDMENT TO HOUSE BILL 139
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| 2 | | AMENDMENT NO. ______. Amend House Bill 139 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Procurement Code is amended by |
| 5 | | changing Section 40-25 as follows:
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| 6 | | (30 ILCS 500/40-25)
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| 7 | | Sec. 40-25. Length of leases.
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| 8 | | (a) Maximum term. Leases shall be for a term not to exceed
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| 9 | | 10 years inclusive, beginning January, 1, 2010, of proposed |
| 10 | | contract renewals and shall include
a termination option in |
| 11 | | favor of the State after 5 years. Notwithstanding the |
| 12 | | provisions of this subsection (a), any lease for real property |
| 13 | | entered into by a public institution of higher education may |
| 14 | | exceed 10 years in length, but may not exceed 30 years in |
| 15 | | length, provided: (i) the lease requires the lessor to make |
| 16 | | capital improvements in excess of $100,000 and (ii) the |
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| 1 | | governing board of the public institution of higher education |
| 2 | | determines a term of more than 10 years is necessary and is in |
| 3 | | the best interest of the public institution of higher |
| 4 | | education.
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| 5 | | (b) Renewal. Leases may include a renewal option. An
option |
| 6 | | to renew may be
exercised only when a State purchasing officer |
| 7 | | determines in
writing that renewal is in the best
interest of |
| 8 | | the State and notice of the exercise of the option is published |
| 9 | | in
the appropriate volume of the Procurement Bulletin at least |
| 10 | | 60 calendar days prior to
the exercise of the option.
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| 11 | | (c) Subject to appropriation. All leases shall recite that
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| 12 | | they are subject to termination
and cancellation in any year |
| 13 | | for which the General Assembly fails
to make an appropriation |
| 14 | | to
make payments under the terms of the lease.
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| 15 | | (d) Holdover. Beginning January 1, 2010, no lease may |
| 16 | | continue on a month-to-month or other holdover basis for a |
| 17 | | total of more than 6 months. Beginning July 1, 2010, the |
| 18 | | Comptroller shall withhold payment of leases beyond this |
| 19 | | holdover period. |
| 20 | | (Source: P.A. 98-1076, eff. 1-1-15.)
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| 21 | | Section 99. Effective date. This Act takes effect upon |
| 22 | | becoming law.".
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