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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3286 Introduced , by Rep. William Davis SYNOPSIS AS INTRODUCED:
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Amends the Illinois Procurement Code. Provides that the Procurement Policy Board may object to a proposed extension or renewal of a contract within 14 (currently, 30) calendar days and require a hearing before the Board prior to entering into the extension or renewal. Provides that if the Procurement Policy Board does not object within within 14 (currently, 30) calendar days or take affirmative action to recommend the extension or renewal, the chief procurement officer may enter into the extension or renewal of a contract.
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| | A BILL FOR |
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| | HB3286 | | LRB101 10708 RJF 55820 b |
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| 1 | | AN ACT concerning finance.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Procurement Code is amended by |
| 5 | | changing Section 20-60 as follows:
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| 6 | | (30 ILCS 500/20-60) |
| 7 | | Sec. 20-60. Duration of contracts. |
| 8 | | (a) Maximum duration. A contract may be entered into for
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| 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 lease |
| 12 | | State-owned dark fiber networks for any period of time deemed |
| 13 | | to be in the best interest of the State, but not exceeding 20 |
| 14 | | years. The length of
a lease for real property or capital |
| 15 | | improvements shall be in
accordance with the provisions of
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| 16 | | Section 40-25. The length of energy conservation program |
| 17 | | contracts or energy savings contracts or leases shall be in |
| 18 | | accordance with the provisions of Section 25-45. A contract for |
| 19 | | bond or mortgage insurance awarded by the Illinois Housing |
| 20 | | Development Authority, however, may be entered into for any |
| 21 | | period of time less than or equal to the maximum period of time |
| 22 | | that the subject bond or mortgage may remain outstanding.
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| 23 | | (b) Subject to appropriation. All contracts made or entered
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| 1 | | into shall recite that they are
subject to termination and |
| 2 | | cancellation in any year for which the
General Assembly fails |
| 3 | | to make
an appropriation to make payments under the terms of |
| 4 | | the contract. |
| 5 | | (c) The chief procurement officer shall file a proposed |
| 6 | | extension or renewal of a contract with the Procurement Policy |
| 7 | | Board prior to entering into any extension or renewal if the |
| 8 | | cost associated with the extension or renewal exceeds $249,999. |
| 9 | | The Procurement Policy Board may object to the proposed |
| 10 | | extension or renewal within 14 30 calendar days and require a |
| 11 | | hearing before the Board prior to entering into the extension |
| 12 | | or renewal. If the Procurement Policy Board does not object |
| 13 | | within 14 30 calendar days or takes affirmative action to |
| 14 | | recommend the extension or renewal, the chief procurement |
| 15 | | officer may enter into the extension or renewal of a contract. |
| 16 | | This subsection does not apply to any emergency procurement, |
| 17 | | any procurement under Article 40, or any procurement exempted |
| 18 | | by Section 1-10(b) of this Code. If any State agency contract |
| 19 | | is paid for in whole or in part with federal-aid funds, grants, |
| 20 | | or loans and the provisions of this subsection would result in |
| 21 | | the loss of those federal-aid funds, grants, or loans, then the |
| 22 | | contract is exempt from the provisions of this subsection in |
| 23 | | order to remain eligible for those federal-aid funds, grants, |
| 24 | | or loans, and the State agency shall file notice of this |
| 25 | | exemption with the Procurement Policy Board prior to entering |
| 26 | | into the proposed extension or renewal. Nothing in this |
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| 1 | | subsection permits a chief procurement officer to enter into an |
| 2 | | extension or renewal in violation of subsection (a). By August |
| 3 | | 1 each year, the Procurement Policy Board shall file a report |
| 4 | | with the General Assembly identifying for the previous fiscal |
| 5 | | year (i) the proposed extensions or renewals that were filed |
| 6 | | with the Board and whether the Board objected and (ii) the |
| 7 | | contracts exempt from this subsection. |
| 8 | | (d) Notwithstanding the provisions of subsection (a) of |
| 9 | | this Section, the Department of Innovation and Technology may |
| 10 | | enter into leases for dark fiber networks for any period of |
| 11 | | time deemed to be in the best interests of the State but not |
| 12 | | exceeding 20 years inclusive. The Department of Innovation and |
| 13 | | Technology may lease dark fiber networks from third parties |
| 14 | | only for the primary purpose of providing services to (i) to |
| 15 | | the offices of Governor, Lieutenant Governor, Attorney |
| 16 | | General, Secretary of State, Comptroller, or Treasurer and |
| 17 | | State agencies, as defined under Section 5-15 of the Civil |
| 18 | | Administrative Code of Illinois or (ii) for anchor |
| 19 | | institutions, as defined in Section 7 of the Illinois Century |
| 20 | | Network Act. Dark fiber network lease contracts shall be |
| 21 | | subject to all other provisions of this Code and any applicable |
| 22 | | rules or requirements, including, but not limited to, |
| 23 | | publication of lease solicitations, use of standard State |
| 24 | | contracting terms and conditions, and approval of vendor |
| 25 | | certifications and financial disclosures. |
| 26 | | (e) As used in this Section, "dark fiber network" means a |