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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3121 Introduced , by Rep. Frank J. Mautino SYNOPSIS AS INTRODUCED:
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| 30 ILCS 500/40-15 | | 30 ILCS 500/40-25 | |
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Amends the Illinois Procurement Code. Provides that a request for information need not be used in procuring the lease of a comprehensive physical center required for a local workforce investment area pursuant to federal law. Provides that the lease of a comprehensive physical center for a local workforce investment area is exempt from provisions concerning limits on the length of leases.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB3121 | | LRB098 08243 HLH 38341 b |
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| 1 | | AN ACT concerning finance.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Procurement Code is amended by |
| 5 | | changing Sections 40-15 and 40-25 as follows:
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| 6 | | (30 ILCS 500/40-15)
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| 7 | | Sec. 40-15. Method of source selection.
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| 8 | | (a) Request for information. Except as provided in
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| 9 | | subsections (b) and (c), all State
contracts for leases of real |
| 10 | | property or capital improvements
shall be awarded by a request |
| 11 | | for
information process in accordance with Section 40-20.
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| 12 | | (b) Other methods. A request for information process need
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| 13 | | not be used in procuring any
of the following leases:
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| 14 | | (1) Property of less than 10,000 square feet with rent |
| 15 | | of less than $100,000 per year.
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| 16 | | (2) (Blank).
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| 17 | | (3) Duration of less than one year that cannot be
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| 18 | | renewed.
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| 19 | | (4) Specialized space available at only one location, |
| 20 | | including but not limited to a comprehensive physical |
| 21 | | center required for a local workforce investment area |
| 22 | | pursuant to the federal Workforce Investment Act of 1998 |
| 23 | | and applicable regulations.
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| | HB3121 | - 2 - | LRB098 08243 HLH 38341 b |
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| 1 | | (5) Renewal or extension of a lease;
provided that: (i) |
| 2 | | the chief procurement officer determines in writing that |
| 3 | | the
renewal or extension is in the best interest of the |
| 4 | | State; (ii) the chief
procurement officer submits his or |
| 5 | | her written determination and the renewal or
extension to |
| 6 | | the Board; (iii) the Board does not object in writing to |
| 7 | | the
renewal or extension within 30 days after its |
| 8 | | submission; and (iv) the chief
procurement officer |
| 9 | | publishes the renewal or extension in the appropriate
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| 10 | | volume of the Procurement Bulletin.
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| 11 | | (c) Leases with governmental units. Leases with other
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| 12 | | governmental units may be
negotiated without using the request |
| 13 | | for information process when
deemed by the chief procurement |
| 14 | | officer to be
in the best interest of the State.
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| 15 | | (Source: P.A. 95-647, eff. 10-11-07; 96-920, eff. 7-1-10.)
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| 16 | | (30 ILCS 500/40-25)
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| 17 | | Sec. 40-25. Length of leases.
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| 18 | | (a) Maximum term. Leases shall be for a term not to exceed
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| 19 | | 10 years inclusive, beginning January, 1, 2010, of proposed |
| 20 | | contract renewals and shall include
a termination option in |
| 21 | | favor of the State after 5 years.
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| 22 | | (b) Renewal. Leases may include a renewal option. An
option |
| 23 | | to renew may be
exercised only when a State purchasing officer |
| 24 | | determines in
writing that renewal is in the best
interest of |
| 25 | | the State and notice of the exercise of the option is published |
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| 1 | | in
the appropriate volume of the Procurement Bulletin at least |
| 2 | | 60 days prior to
the exercise of the option.
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| 3 | | (c) Subject to appropriation. All leases shall recite that
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| 4 | | they are subject to termination
and cancellation in any year |
| 5 | | for which the General Assembly fails
to make an appropriation |
| 6 | | to
make payments under the terms of the lease.
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| 7 | | (d) Holdover. Beginning January 1, 2010, no lease may |
| 8 | | continue on a month-to-month or other holdover basis for a |
| 9 | | total of more than 6 months. Beginning July 1, 2010, the |
| 10 | | Comptroller shall withhold payment of leases beyond this |
| 11 | | holdover period. |
| 12 | | (e) Subsections (a) and (d) do not apply to leases of space |
| 13 | | within a comprehensive physical center required for a local |
| 14 | | workforce investment area pursuant to the federal Workforce |
| 15 | | Investment Act of 1998 and applicable regulations. |
| 16 | | (Source: P.A. 96-15, eff. 6-22-09; 96-795, eff. 7-1-10 (see |
| 17 | | Section 5 of P.A. 96-793 for the effective date of changes made |
| 18 | | by P.A. 96-795).)
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