103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2124

 

Introduced 2/10/2023, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/20-60

    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.


LRB103 26241 HLH 52600 b

 

 

A BILL FOR

 

SB2124LRB103 26241 HLH 52600 b

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 that, in
12connection with the issuance of certificates of participation,
13the governing board of a public institution of higher
14education, as defined in Section 1-13, may enter into
15contracts for a term of not more than 35 years for the purpose
16of financing or refinancing real or personal property. Third
17parties may lease State-owned dark fiber networks for any
18period of time deemed to be in the best interest of the State,
19but not exceeding 20 years. The length of a lease for real
20property or capital improvements shall be in accordance with
21the provisions of Section 40-25. The length of energy
22conservation program contracts or energy savings contracts or
23leases shall be in accordance with the provisions of Section

 

 

SB2124- 2 -LRB103 26241 HLH 52600 b

125-45. A contract for bond or mortgage insurance awarded by
2the Illinois Housing Development Authority, however, may be
3entered into for any period of time less than or equal to the
4maximum period of time that the subject bond or mortgage may
5remain outstanding.
6    (b) Subject to appropriation. All contracts made or
7entered into shall recite that they are subject to termination
8and cancellation in any year for which the General Assembly
9fails to make an appropriation to make payments under the
10terms of the contract.
11    (c) The chief procurement officer shall file a proposed
12extension or renewal of a contract with the Procurement Policy
13Board and the Commission on Equity and Inclusion prior to
14entering into any extension or renewal if the cost associated
15with the extension or renewal exceeds $249,999. The
16Procurement Policy Board or the Commission on Equity and
17Inclusion may object to the proposed extension or renewal
18within 14 calendar days and require a hearing before the Board
19or the Commission on Equity and Inclusion prior to entering
20into the extension or renewal. If the Procurement Policy Board
21or the Commission on Equity and Inclusion does not object
22within 14 calendar days or takes affirmative action to
23recommend the extension or renewal, the chief procurement
24officer may enter into the extension or renewal of a contract.
25This subsection does not apply to any emergency procurement,
26any procurement under Article 40, or any procurement exempted

 

 

SB2124- 3 -LRB103 26241 HLH 52600 b

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

 

 

SB2124- 4 -LRB103 26241 HLH 52600 b

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

 

 

SB2124- 5 -LRB103 26241 HLH 52600 b

1determination to execute the renewal. The form and content of
2the waiver shall be prescribed by each chief procurement
3officer, but shall not impair a State agency or public
4institution of higher education determination to execute the
5renewal. The chief procurement officer shall post the
6completed form on his or her official website within 5
7business days after receipt from the State agency or public
8institution of higher education. The chief procurement officer
9shall maintain on his or her official website a database of
10waivers granted under this Section with respect to contracts
11under his or her jurisdiction. The database shall be updated
12periodically and shall be searchable by contractor name and by
13contracting State agency or public institution of higher
14education.
15(Source: P.A. 101-81, eff. 7-12-19; 101-657, Article 5,
16Section 5-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for
17effective date of P.A. 101-657, Article 5, Section 5-5);
18101-657, Article 40, Section 40-125, eff. 1-1-22; 102-29, eff.
196-25-21; 102-721, eff. 1-1-23.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.