SB3829 102ND GENERAL ASSEMBLY

LRB102 24181 RJF 33409 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3829

Introduced 1/21/2022, by Sen. Antonio Muņoz

SYNOPSIS AS INTRODUCED:

30 ILCS 500/40-25

Amends the Illinois Procurement Code. Provides that the Board of Trustees of a public institution of higher education may enter into a lease for real property for a term in excess of 10 years, but not exceeding the useful life of the real property, upon a determination by the Board of Trustees that a lease term in excess of 10 years is necessary and in the best interest of the public institution of higher education. Provides that in connection with the financing or refinancing of any capital improvements, the Board of Trustees of a public institution of higher education may enter into any financing agreement for a term in excess of 10 years, but not exceeding the useful life of the improvements, upon a determination by the Board of Trustees that a term in excess of 10 years is necessary and in the best interest of the public institution of higher education. Removes provisions concerning a lease for real property owned by the University of Illinois to be used for specified purposes.

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Procurement Code is amended by changing Section 40-25 as follows:

(30 ILCS 500/40-25)

Sec. 40-25. Length of leases.

(a) Maximum term. Except as otherwise provided under subsection (a-5), leases shall be for a term not to exceed 10 years inclusive, beginning January, 1, 2010, of proposed contract renewals and shall include a termination option in favor of the State after 5 years. The length of energy conservation program contracts or energy savings contracts or leases shall be in accordance with the provisions of Section 25-45.

(a-5) Extended term. The Board of Trustees of a public institution of higher education may enter into a lease for real property for a term in excess of 10 years, but not exceeding the useful life of the real property, upon a determination by the Board of Trustees, in its sole and absolute discretion, that a lease term in excess of 10 years is necessary and in the best interest of the public institution of higher education.

In connection with the financing or refinancing of any capital improvements, including technology or any other related improvements, the Board of Trustees of a public institution of higher education may enter into any financing agreement, including, but not limited to, a lease or installment purchase agreement, for a term in excess of 10 years, but not exceeding the useful life of the improvements, upon a determination by the Board of Trustees, in its sole and absolute discretion, that a term in excess of 10 years is necessary and in the best interest of the public institution of higher education. A lease for real property owned by the University of Illinois to be used by the University of Illinois at Chicago for an ambulatory surgical center, which would include both clinical services and retail space, may exceed 10 years in length where: (i) the lease requires the lessor to make capital improvements in excess of $100,000; and (ii) the Board of Trustees of the University of Illinois determines a term of more than 10 years is necessary and is in the best interest of the University. A lease under this subsection (a-5) may not exceed 30 years in length.

(b) Renewal. Leases may include a renewal option. An option to renew may be exercised only when a State purchasing officer determines in writing that renewal is in the best interest of the State and notice of the exercise of the option is published in the appropriate volume of the Procurement Bulletin at least 30 calendar days prior to the exercise of the option.

(c) Subject to appropriation. All leases shall recite that they are subject to termination and cancellation in any year for which the General Assembly fails to make an appropriation to make payments under the terms of the lease.

(d) Holdover. Beginning January 1, 2010, no lease may continue on a month-to-month or other holdover basis for a total of more than 6 months. Beginning July 1, 2010, the Comptroller shall withhold payment of leases beyond this holdover period.

(Source: P.A. 100-23, eff. 7-6-17; 100-1047, eff. 1-1-19; 101-426, eff. 1-1-20.)