SB0008sam003 100TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 2/6/2017

10000SB0008sam003 LRB100 06368 MLM 21307 a

AMENDMENT TO SENATE BILL 8

AMENDMENT NO. ______. Amend Senate Bill 8 as follows:

on page 7, line 9, after "25-85,", by inserting "40-25,"; and

on page 80, line 1, by replacing "2016" with "2017"; and

on page 80, line 2, by replacing "2017" with "2018"; and

on page 83, immediately below line 3, by inserting the following:

"(30 ILCS 500/40-25)

Sec. 40-25. Length of leases.

(a) Maximum term. Leases shall be for a term not to exceed 10 years inclusive, beginning January, 1, 2010, of proposed contract renewals and shall include a termination option in favor of the State after 5 years. The duration of any lease for real property entered into by a public institution of higher education that requires a capital improvement in excess of $100,000 as a condition of the lease may exceed 10 years, but not more than 30 years, if the governing board of a public institution of higher education, during a public hearing, determines that a lease in excess of 10 years is required or necessary for the use or benefit of that public institution of higher education and is in the best interest of the public institution of higher education. On July 1, 2022 and every 5 years thereafter, the capital improvement minimum established in this subsection (a) shall be adjusted for inflation by the chief procurement officer for higher education as determined by the Consumer Price Index for All Urban Consumers as determined by the United States Department of Labor and rounded to the nearest $100.

(b) Renewal. Leases may include a renewal option. An option to renew may be exercised only when a State purchasing officer determines in writing that renewal is in the best interest of the State and notice of the exercise of the option is published in the appropriate volume of the Procurement Bulletin at least 60 calendar days prior to the exercise of the option.

(c) Subject to appropriation. All leases 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 lease.

(d) Holdover. Beginning January 1, 2010, no lease may continue on a month-to-month or other holdover basis for a total of more than 6 months. Beginning July 1, 2010, the Comptroller shall withhold payment of leases beyond this holdover period.

(Source: P.A. 98-1076, eff. 1-1-15.)"; and

on page 83, line 7, by replacing "to" with "to"; and

by replacing line 26 on page 103 through line 2 on page 104 with: "Service Administration, and the Higher Education Cooperation Act. A chief procurement office may authorize"; and

on page 104, immediately below line 16, by inserting the following:

"(a-15) A public institution of higher education may enter directly into agreements under the cost savings program authorized pursuant to the Midwest Higher Education Cooperation Act, when the institution makes a determination that it is in the best interests of the institution and the State based on estimated cost savings or otherwise, for the procurement of (i) computer and technology related products, equipment, or services and (ii) insurance. These procurements under this subsection (a-15) shall not be governed by any other provisions of this Act. Any public institutions of higher education entering into agreements for procurement through the Midwest Higher Education Cooperation Act shall post notice of the procurements to the appropriate Illinois Procurement Bulletin within 14 days of execution of the agreements.".