Bill Text: IL SB2040 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2019-05-10 - Rule 19(a) / Re-referred to Rules Committee [SB2040 Detail]

Download: Illinois-2019-SB2040-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2040

Introduced 2/15/2019, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:
30 ILCS 500/20-60

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

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1into shall recite that they are subject to termination and
2cancellation in any year for which the General Assembly fails
3to make an appropriation to make payments under the terms of
4the contract.
5 (c) The chief procurement officer shall file a proposed
6extension or renewal of a contract with the Procurement Policy
7Board prior to entering into any extension or renewal if the
8cost associated with the extension or renewal exceeds $249,999.
9The Procurement Policy Board may object to the proposed
10extension or renewal within 14 30 calendar days and require a
11hearing before the Board prior to entering into the extension
12or renewal. If the Procurement Policy Board does not object
13within 14 30 calendar days or takes affirmative action to
14recommend the extension or renewal, the chief procurement
15officer may enter into the extension or renewal of a contract.
16This subsection does not apply to any emergency procurement,
17any procurement under Article 40, or any procurement exempted
18by Section 1-10(b) of this Code. If any State agency contract
19is paid for in whole or in part with federal-aid funds, grants,
20or loans and the provisions of this subsection would result in
21the loss of those federal-aid funds, grants, or loans, then the
22contract is exempt from the provisions of this subsection in
23order to remain eligible for those federal-aid funds, grants,
24or loans, and the State agency shall file notice of this
25exemption with the Procurement Policy Board prior to entering
26into the proposed extension or renewal. Nothing in this

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1subsection permits a chief procurement officer to enter into an
2extension or renewal in violation of subsection (a). By August
31 each year, the Procurement Policy Board shall file a report
4with the General Assembly identifying for the previous fiscal
5year (i) the proposed extensions or renewals that were filed
6with the Board and whether the Board objected and (ii) the
7contracts exempt from this subsection.
8 (d) Notwithstanding the provisions of subsection (a) of
9this Section, the Department of Innovation and Technology may
10enter into leases for dark fiber networks for any period of
11time deemed to be in the best interests of the State but not
12exceeding 20 years inclusive. The Department of Innovation and
13Technology may lease dark fiber networks from third parties
14only for the primary purpose of providing services to (i) to
15the offices of Governor, Lieutenant Governor, Attorney
16General, Secretary of State, Comptroller, or Treasurer and
17State agencies, as defined under Section 5-15 of the Civil
18Administrative Code of Illinois or (ii) for anchor
19institutions, as defined in Section 7 of the Illinois Century
20Network Act. Dark fiber network lease contracts shall be
21subject to all other provisions of this Code and any applicable
22rules or requirements, including, but not limited to,
23publication of lease solicitations, use of standard State
24contracting terms and conditions, and approval of vendor
25certifications and financial disclosures.
26 (e) As used in this Section, "dark fiber network" means a

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1network of fiber optic cables laid but currently unused by a
2third party that the third party is leasing for use as network
3infrastructure.
4(Source: P.A. 100-23, eff. 7-6-17; 100-611, eff. 7-20-18;
5revised 10-11-18.)
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