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Sen. Don Harmon
Filed: 4/17/2018
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| 1 | | AMENDMENT TO SENATE BILL 2362
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2362 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Procurement Code is amended by |
| 5 | | changing Section 40-25 as follows:
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| 6 | | (30 ILCS 500/40-25)
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| 7 | | Sec. 40-25. Length of leases.
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| 8 | | (a) Maximum term. Except as otherwise provided under |
| 9 | | subsection (a-5), leases Leases shall be for a term not to |
| 10 | | exceed
10 years inclusive, beginning January, 1, 2010, of |
| 11 | | proposed contract renewals and shall include
a termination |
| 12 | | option in favor of the State after 5 years. The length of |
| 13 | | energy conservation program contracts or energy savings |
| 14 | | contracts or leases shall be in accordance with the provisions |
| 15 | | of Section 25-45.
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| 16 | | (a-5) Any lease for real property to be used by the |
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| 1 | | University of Illinois at Chicago for clinical services, |
| 2 | | ambulatory surgical services, and retail space may exceed 10 |
| 3 | | years in length, but may not exceed 30 years in length, |
| 4 | | provided: (1) the lease requires the lessor to make capital |
| 5 | | improvements in excess of $100,000; and (2) the Board of |
| 6 | | Trustees of the University of Illinois determines a term of |
| 7 | | more than 10 years is necessary and is in the best interest of |
| 8 | | the public institution of higher education. |
| 9 | | (b) Renewal. Leases may include a renewal option. An
option |
| 10 | | to renew may be
exercised only when a State purchasing officer |
| 11 | | determines in
writing that renewal is in the best
interest of |
| 12 | | the State and notice of the exercise of the option is published |
| 13 | | in
the appropriate volume of the Procurement Bulletin at least |
| 14 | | 60 calendar days prior to
the exercise of the option.
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| 15 | | (c) Subject to appropriation. All leases shall recite that
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| 16 | | they are subject to termination
and cancellation in any year |
| 17 | | for which the General Assembly fails
to make an appropriation |
| 18 | | to
make payments under the terms of the lease.
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| 19 | | (d) Holdover. Beginning January 1, 2010, no lease may |
| 20 | | continue on a month-to-month or other holdover basis for a |
| 21 | | total of more than 6 months. Beginning July 1, 2010, the |
| 22 | | Comptroller shall withhold payment of leases beyond this |
| 23 | | holdover period. |
| 24 | | (Source: P.A. 100-23, eff. 7-6-17.)".
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