Illinois General Assembly - Full Text of HB1724
Illinois General Assembly

Previous General Assemblies

Full Text of HB1724  102nd General Assembly




HB1724 EngrossedLRB102 13872 RJF 19223 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. Third parties may
12lease State-owned dark fiber networks for any period of time
13deemed to be in the best interest of the State, but not
14exceeding 20 years. The length of a lease for real property or
15capital improvements shall be in accordance with the
16provisions of Section 40-25. The length of energy conservation
17program contracts or energy savings contracts or leases shall
18be in accordance with the provisions of Section 25-45. A
19contract for bond or mortgage insurance awarded by the
20Illinois Housing Development Authority, however, may be
21entered into for any period of time less than or equal to the
22maximum period of time that the subject bond or mortgage may
23remain outstanding.



HB1724 Engrossed- 2 -LRB102 13872 RJF 19223 b

1    (b) Subject to appropriation. All contracts made or
2entered into shall recite that they are subject to termination
3and cancellation in any year for which the General Assembly
4fails to make an appropriation to make payments under the
5terms of the contract.
6    (c) The chief procurement officer shall file a proposed
7extension or renewal of a contract with the Procurement Policy
8Board prior to entering into any extension or renewal if the
9cost associated with the extension or renewal exceeds
10$249,999. The Procurement Policy Board may object to the
11proposed extension or renewal within 14 30 calendar days and
12require a hearing before the Board prior to entering into the
13extension or renewal. If the Procurement Policy Board does not
14object within 14 30 calendar days or takes affirmative action
15to recommend the extension or renewal, the chief procurement
16officer may enter into the extension or renewal of a contract.
17This subsection does not apply to any emergency procurement,
18any procurement under Article 40, or any procurement exempted
19by Section 1-10(b) of this Code. If any State agency contract
20is paid for in whole or in part with federal-aid funds, grants,
21or loans and the provisions of this subsection would result in
22the loss of those federal-aid funds, grants, or loans, then
23the contract is exempt from the provisions of this subsection
24in order to remain eligible for those federal-aid funds,
25grants, or loans, and the State agency shall file notice of
26this exemption with the Procurement Policy Board prior to



HB1724 Engrossed- 3 -LRB102 13872 RJF 19223 b

1entering into the proposed extension or renewal. Nothing in
2this subsection permits a chief procurement officer to enter
3into an extension or renewal in violation of subsection (a).
4By August 1 each year, the Procurement Policy Board shall file
5a report with the General Assembly identifying for the
6previous fiscal year (i) the proposed extensions or renewals
7that were filed with the Board and whether the Board objected
8and (ii) the contracts exempt from this subsection.
9    (d) Notwithstanding the provisions of subsection (a) of
10this Section, the Department of Innovation and Technology may
11enter into leases for dark fiber networks for any period of
12time deemed to be in the best interests of the State but not
13exceeding 20 years inclusive. The Department of Innovation and
14Technology may lease dark fiber networks from third parties
15only for the primary purpose of providing services (i) to the
16offices of Governor, Lieutenant Governor, Attorney General,
17Secretary of State, Comptroller, or Treasurer and State
18agencies, as defined under Section 5-15 of the Civil
19Administrative Code of Illinois or (ii) for anchor
20institutions, as defined in Section 7 of the Illinois Century
21Network Act. Dark fiber network lease contracts shall be
22subject to all other provisions of this Code and any
23applicable rules or requirements, including, but not limited
24to, publication of lease solicitations, use of standard State
25contracting terms and conditions, and approval of vendor
26certifications and financial disclosures.



HB1724 Engrossed- 4 -LRB102 13872 RJF 19223 b

1    (e) As used in this Section, "dark fiber network" means a
2network of fiber optic cables laid but currently unused by a
3third party that the third party is leasing for use as network
5(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;
6101-81, eff. 7-12-19.)