Full Text of SB3906 103rd General Assembly
SB3906 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3906 Introduced 2/28/2024, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: | | | Amends the Illinois Procurement Code. Provides that third parties may lease State-owned communications infrastructure, including dark fiber networks, conduit, and excess communication tower capacity (rather than State-owned dark fiber networks). |
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | changing 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 | 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; provided, however, in | 12 | | connection with the issuance of certificates of participation | 13 | | or bonds, the governing board of a public institution of | 14 | | higher education may enter into contracts in excess of 10 | 15 | | years but not to exceed 30 years for the purpose of financing | 16 | | or refinancing real or personal property. Third parties may | 17 | | lease State-owned communications infrastructure, including | 18 | | dark fiber networks , conduit, and excess communication tower | 19 | | capacity, for any period of time deemed to be in the best | 20 | | interest of the State, but not exceeding 20 years. The length | 21 | | of a lease for real property or capital improvements shall be | 22 | | in accordance with the provisions of Section 40-25. The length | 23 | | of energy conservation program contracts or energy savings |
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| 1 | | contracts or leases shall be in accordance with the provisions | 2 | | of Section 25-45. A contract for bond or mortgage insurance | 3 | | awarded by the Illinois Housing Development Authority, | 4 | | however, may be entered into for any period of time less than | 5 | | or equal to the maximum period of time that the subject bond or | 6 | | mortgage may remain outstanding. | 7 | | (b) Subject to appropriation. All contracts made or | 8 | | entered into shall recite that they are subject to termination | 9 | | and cancellation in any year for which the General Assembly | 10 | | fails to make an appropriation to make payments under the | 11 | | terms of the contract. | 12 | | (c) The chief procurement officer shall file a proposed | 13 | | extension or renewal of a contract with the Procurement Policy | 14 | | Board and the Commission on Equity and Inclusion prior to | 15 | | entering into any extension or renewal if the cost associated | 16 | | with the extension or renewal exceeds $249,999. The | 17 | | Procurement Policy Board or the Commission on Equity and | 18 | | Inclusion may object to the proposed extension or renewal | 19 | | within 14 calendar days and require a hearing before the Board | 20 | | or the Commission on Equity and Inclusion prior to entering | 21 | | into the extension or renewal. If the Procurement Policy Board | 22 | | or the Commission on Equity and Inclusion does not object | 23 | | within 14 calendar days or takes affirmative action to | 24 | | recommend the extension or renewal, the chief procurement | 25 | | officer may enter into the extension or renewal of a contract. | 26 | | This subsection does not apply to any emergency procurement, |
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| 1 | | any procurement under Article 40, or any procurement exempted | 2 | | by Section 1-10(b) of this Code. If any State agency contract | 3 | | is paid for in whole or in part with federal-aid funds, grants, | 4 | | or loans and the provisions of this subsection would result in | 5 | | the loss of those federal-aid funds, grants, or loans, then | 6 | | the contract is exempt from the provisions of this subsection | 7 | | in order to remain eligible for those federal-aid funds, | 8 | | grants, or loans, and the State agency shall file notice of | 9 | | this exemption with the Procurement Policy Board or the | 10 | | Commission on Equity and Inclusion prior to entering into the | 11 | | proposed extension or renewal. Nothing in this subsection | 12 | | permits a chief procurement officer to enter into an extension | 13 | | or renewal in violation of subsection (a). By August 1 each | 14 | | year, the Procurement Policy Board and the Commission on | 15 | | Equity and Inclusion shall each file a report with the General | 16 | | Assembly identifying for the previous fiscal year (i) the | 17 | | proposed extensions or renewals that were filed and whether | 18 | | such extensions and renewals were objected to and (ii) the | 19 | | contracts exempt from this subsection. | 20 | | (d) Notwithstanding the provisions of subsection (a) of | 21 | | this Section, the Department of Innovation and Technology may | 22 | | enter into leases for dark fiber networks for any period of | 23 | | time deemed to be in the best interests of the State but not | 24 | | exceeding 20 years inclusive. The Department of Innovation and | 25 | | Technology may lease dark fiber networks from third parties | 26 | | only for the primary purpose of providing services (i) to the |
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| 1 | | offices of Governor, Lieutenant Governor, Attorney General, | 2 | | Secretary of State, Comptroller, or Treasurer and State | 3 | | agencies, as defined under Section 5-15 of the Civil | 4 | | Administrative Code of Illinois or (ii) for anchor | 5 | | institutions, as defined in Section 7 of the Illinois Century | 6 | | Network Act. Dark fiber network lease contracts shall be | 7 | | subject to all other provisions of this Code and any | 8 | | applicable rules or requirements, including, but not limited | 9 | | to, publication of lease solicitations, use of standard State | 10 | | contracting terms and conditions, and approval of vendor | 11 | | certifications and financial disclosures. | 12 | | (e) As used in this Section, "dark fiber network" means a | 13 | | network of fiber optic cables laid but currently unused by a | 14 | | third party that the third party is leasing for use as network | 15 | | infrastructure. | 16 | | (f) No vendor shall be eligible for renewal of a contract | 17 | | when that vendor has failed to meet the goals agreed to in the | 18 | | vendor's utilization plan, as defined in Section 2 of the | 19 | | Business Enterprise for Minorities, Women, and Persons with | 20 | | Disabilities Act, unless the State agency or public | 21 | | institution of higher education has determined that the vendor | 22 | | made good faith efforts toward meeting the contract goals. If | 23 | | the State agency or public institution of higher education | 24 | | determines that the vendor made good faith efforts, the agency | 25 | | or public institution of higher education may issue a waiver | 26 | | after concurrence by the chief procurement officer, which |
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| 1 | | shall not be unreasonably withheld or impair a State agency | 2 | | determination to execute the renewal. The form and content of | 3 | | the waiver shall be prescribed by each chief procurement | 4 | | officer, but shall not impair a State agency or public | 5 | | institution of higher education determination to execute the | 6 | | renewal. The chief procurement officer shall post the | 7 | | completed form on his or her official website within 5 | 8 | | business days after receipt from the State agency or public | 9 | | institution of higher education. The chief procurement officer | 10 | | shall maintain on his or her official website a database of | 11 | | waivers granted under this Section with respect to contracts | 12 | | under his or her jurisdiction. The database shall be updated | 13 | | periodically and shall be searchable by contractor name and by | 14 | | contracting State agency or public institution of higher | 15 | | education. | 16 | | (Source: P.A. 102-29, eff. 6-25-21; 102-721, eff. 1-1-23; | 17 | | 103-570, eff. 1-1-24.) |
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