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

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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: (Failed) 2021-01-13 - Session Sine Die [SB2040 Detail]

Download: Illinois-2019-SB2040-Engrossed.html

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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Procurement Code is amended by
changing Section 20-60 as follows:
(30 ILCS 500/20-60)
Sec. 20-60. Duration of contracts.
(a) Maximum duration. A contract may be entered into for
any period of time deemed to be in the best interests of the
State but not exceeding 10 years inclusive, beginning January
1, 2010, of proposed contract renewals. Third parties may lease
State-owned dark fiber networks for any period of time deemed
to be in the best interest of the State, but not exceeding 20
years. The length of a lease for real property or capital
improvements shall be in accordance with the provisions of
Section 40-25. The length of energy conservation program
contracts or energy savings contracts or leases shall be in
accordance with the provisions of Section 25-45. A contract for
bond or mortgage insurance awarded by the Illinois Housing
Development Authority, however, may be entered into for any
period of time less than or equal to the maximum period of time
that the subject bond or mortgage may remain outstanding.
(b) Subject to appropriation. All contracts made or entered

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

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

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