101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2120

 

Introduced 2/15/2019, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Capital Development Board Act. Removes specific references to the Illinois Building Authority and school districts in the definition of State agency. Removes specific references to research on solar energy systems. Provides that members of the Capital Development Board may give bond by inclusion in the blanket bond or bonds or the self-insurance program provided for in the Official Bond Act. Provides that the time for Capital Development Board meetings shall be as prescribed by Capital Development Board rules. Provides that purchases under the Act are subject to the Illinois Procurement Code. Effective January 1, 2020.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Capital Development Board Act is amended by
5changing Sections 3, 4.03, 4.04, 6, 7, 9.02, 9.07, 10.02,
610.03, 10.05, 10.09-1, and 12 as follows:
 
7    (20 ILCS 3105/3)  (from Ch. 127, par. 773)
8    Sec. 3. As used in this Act, unless the context otherwise
9requires:
10    "Board" means the Capital Development Board.
11    "State agency" means and includes each officer,
12department, board, commission, institution, body politic and
13corporate of the State including the Illinois Building
14Authority, school districts, and any other person expending or
15encumbering State or federal funds by virtue of an
16appropriation or other authorization by the General Assembly or
17federal authorization or grant. Except as otherwise expressly
18authorized by the General Assembly, the term does not include
19the Department of Transportation, the Department of Natural
20Resources, or Environmental Protection Agency, except as
21respects buildings used by the Department or Agency for its
22officers, employees, or equipment, or any of them, and for
23capital improvements related to such buildings. Nor does the

 

 

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1term include the Illinois Housing Development Authority, the
2Illinois Finance Authority or the St. Louis Metropolitan Area
3Airport Authority.
4    "School District" means any school district or special
5charter district as defined in Section 1-3 of "The School
6Code", approved March 18, 1961, as amended, or any
7administrative district, or governing board, of a joint
8agreement organized under Section 10-22.31 of the School Code.
9(Source: P.A. 93-205, eff. 1-1-04.)
 
10    (20 ILCS 3105/4.03)  (from Ch. 127, par. 774.03)
11    Sec. 4.03. To conduct research on improvements in choice
12and use of materials, energy systems, including solar energy
13systems, and in construction methods for reducing construction
14costs and operating and maintenance costs of the facilities
15described in Section 4.01.
16(Source: P.A. 80-430.)
 
17    (20 ILCS 3105/4.04)  (from Ch. 127, par. 774.04)
18    Sec. 4.04. To review and recommend periodic revisions in
19established building and construction codes to promote public
20safety, energy efficiency and economy, including the use of
21solar energy, and reduce construction costs and operating and
22maintenance costs of the facilities described in Section 4.01.
23(Source: P.A. 80-430.)
 

 

 

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1    (20 ILCS 3105/6)  (from Ch. 127, par. 776)
2    Sec. 6. Members of the Board shall serve without
3compensation but shall be reimbursed for their reasonable
4expenses necessarily incurred in the performance of their
5duties and the exercise of their powers under this Act. Each
6member shall give bond, before entering upon the duties of his
7or her office, in the penal sum of $100,000 by inclusion in the
8blanket bond or bonds or the self-insurance program provided
9for in Section 14.1 and 14.2 of the Official Bond Act. The bond
10shall be conditioned upon the faithful performance of his or
11her duties. Each member shall, before entering upon the duties
12of his or her office, take and subscribe the constitutional
13oath of office, which shall be filed in the office of the
14Secretary of State. Each member shall before entering upon the
15duties of his office, take and subscribe the constitutional
16oath of office and give bond in the penal sum of $100,000
17conditioned upon the faithful performance of his duties. The
18oath and bond shall be filed in the office of the Secretary of
19State.
20(Source: P.A. 77-1995.)
 
21    (20 ILCS 3105/7)  (from Ch. 127, par. 777)
22    Sec. 7. The Board shall meet at such times and places as is
23provided for by the Board or, in the absence of such a
24provision, on call of the chairman as prescribed by Board rules
25after at least 5 day's written notice to the members and the

 

 

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1request of 2 or more members. Four members of the Board shall
2constitute a quorum. No vacancy in the membership shall impair
3the right of a quorum of the members to exercise all of the
4rights and powers, and to perform all of the duties, of the
5Board.
6(Source: P.A. 77-1995.)
 
7    (20 ILCS 3105/9.02)  (from Ch. 127, par. 779.02)
8    Sec. 9.02. To enter into contracts on behalf of the State
9of Illinois to effectuate the purposes of this Act, subject to
10the Illinois Procurement Code Purchasing Act.
11(Source: P.A. 77-1995.)
 
12    (20 ILCS 3105/9.07)  (from Ch. 127, par. 779.07)
13    Sec. 9.07. To accept assignment of contracts entered into
14by other State agencies for construction services on projects
15over which the Board shall have jurisdiction, whether or not
16such contracts shall have been awarded in accordance with the
17terms of the Illinois Procurement Code Purchasing Act.
18(Source: P.A. 77-1995.)
 
19    (20 ILCS 3105/10.02)  (from Ch. 127, par. 780.02)
20    Sec. 10.02. To prepare, or cause to be prepared, general
21plans, drawings and estimates, including the life-cycle cost
22estimate of energy systems, for public buildings and
23improvements to be erected for any State agency.

 

 

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1(Source: P.A. 80-430.)
 
2    (20 ILCS 3105/10.03)  (from Ch. 127, par. 780.03)
3    Sec. 10.03. To prepare, or cause to be prepared, such
4plans, specifications and other documents as are necessary to
5the taking and acceptance of bids and letting of construction
6contracts and to advertise for bids for such projects, as
7required in The Illinois Procurement Code Purchasing Act.
8(Source: P.A. 81-945.)
 
9    (20 ILCS 3105/10.05)  (from Ch. 127, par. 780.05)
10    Sec. 10.05. To inspect, or cause to be inspected, all
11materials to be incorporated into any building constructed or
12repaired by or under the supervision of the Board.
13(Source: P.A. 77-1995.)
 
14    (20 ILCS 3105/10.09-1)
15    Sec. 10.09-1. Certification of Inspection Adoption of
16building code; enforcement.
17    (a) After July 1, 2011, no person may occupy a newly
18constructed commercial building in a non-building code
19jurisdiction until:
20        (1) The property owner or his or her agent has first
21    contracted for the inspection of the building by an
22    inspector who meets the qualifications established by the
23    Board; and

 

 

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1        (2) The qualified inspector files a certification of
2    inspection with the municipality or county having such
3    jurisdiction over the property indicating that the
4    building meets compliance with the building codes adopted
5    by the Board for non-building code jurisdictions based on
6    the following:
7            (A) The current edition or most recent preceding
8        2006 or later editions of the following codes developed
9        by the International Code Council:
10                (i) International Building Code;
11                (ii) International Existing Building Code; and
12                (iii) International Property Maintenance Code.
13            (B) The current edition or most recent preceding
14        2008 or later edition of the National Electrical Code
15        NFPA 70.
16    (b) This Section does not apply to any area in a
17municipality or county having jurisdiction that has registered
18its adopted building code with the Board as required by Section
1955 of the Illinois Building Commission Act.
20    (c) The qualification requirements of this Section do not
21apply to building enforcement personnel employed by
22jurisdictions as defined in subsection (b).
23    (d) For purposes of this Section:
24    "Commercial building" means any building other than a
25single-family home or a dwelling containing 2 or fewer
26apartments, condominiums, or townhomes or a farm building as

 

 

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1exempted from Section 3 of the Illinois Architecture Practice
2Act.
3    "Newly constructed commercial building" means any
4commercial building for which original construction has
5commenced on or after July 1, 2011.
6    "Non-building code jurisdiction" means any area of the
7State not subject to a building code imposed by either a county
8or municipality.
9    "Qualified inspector" means an individual qualified by the
10State of Illinois, certified by a nationally recognized
11building official certification organization, qualified by an
12apprentice program certified by the Bureau of Apprentice
13Training, or who has filed verification of inspection
14experience according to rules adopted by the Board for the
15purposes of conducting inspections in non-building code
16jurisdictions.
17    (e) New residential construction is exempt from this
18Section and is defined as any original construction of a
19single-family home or a dwelling containing 2 or fewer
20apartments, condominiums, or townhomes in accordance with the
21Illinois Residential Building Code Act.
22    (f) Local governments may establish agreements with other
23governmental entities within the State to issue permits and
24enforce building codes and may hire third-party providers that
25are qualified in accordance with this Section to provide
26inspection services.

 

 

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1    (g) This Section does not regulate any other statutorily
2authorized code or regulation administered by State agencies.
3These include without limitation the Illinois Plumbing Code,
4the Illinois Environmental Barriers Act, the International
5Energy Conservation Code, and administrative rules adopted by
6the Office of the State Fire Marshal.
7    (h) This Section applies beginning July 1, 2011.
8(Source: P.A. 96-704, eff. 1-1-10.)
 
9    (20 ILCS 3105/12)  (from Ch. 127, par. 782)
10    Sec. 12. Nothing in this Act shall be construed to include
11the power to abrogate those powers vested in the boards of the
12local public community college districts and the Illinois
13Community College Board by the Public Community College Act,
14the Board of Trustees of the University of Illinois, The Board
15of Trustees of Southern Illinois University, the Board of
16Trustees of Chicago State University, the Board of Trustees of
17Eastern Illinois University, the Board of Trustees of Governors
18State University, the Board of Trustees of Illinois State
19University, the Board of Trustees of Northeastern Illinois
20University, the Board of Trustees of Northern Illinois
21University, and the Board of Trustees of Western Illinois
22University, hereinafter referred to as Governing Boards. In the
23exercise of the powers conferred by law upon the Board and in
24the exercise of the powers vested in such Governing Boards, it
25is hereby provided that (i) the Board and any such Governing

 

 

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1Board may contract with each other and other parties as to the
2design and construction of any project to be constructed for or
3upon the property of such Governing Board or any institution
4under its jurisdiction; (ii) in connection with any such
5project, compliance with the provisions of the Illinois
6Procurement Code Purchasing Act by either the Board or such
7Governing Board shall be deemed to be compliance by the other;
8(iii) funds appropriated to any such Governing Board may be
9expended for any project constructed by the Board for such
10Governing Board; (iv) in connection with any such project the
11architects and engineers retained for the project and the plans
12and specifications for the project must be approved by both the
13Governing Board and the Board before undertaking either design
14or construction of the project, as the case may be.
15(Source: P.A. 89-4, eff. 1-1-96.)
 
16    (20 ILCS 3105/9.01a rep.)
17    (20 ILCS 3105/9.01b rep.)
18    (20 ILCS 3105/9.01c rep.)
19    (20 ILCS 3105/9.09 rep.)
20    (20 ILCS 3105/10.02a rep.)
21    (20 ILCS 3105/10.02b rep.)
22    (20 ILCS 3105/18 rep.)
23    Section 10. The Capital Development Board Act is amended by
24repealing Sections 9.01a, 9.01b, 9.01c, 9.09, 10.02a, 10.02b,
25and 18.
 

 

 

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1    Section 99. Effective date. This Act takes effect January
21, 2020.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 3105/3from Ch. 127, par. 773
4    20 ILCS 3105/4.03from Ch. 127, par. 774.03
5    20 ILCS 3105/4.04from Ch. 127, par. 774.04
6    20 ILCS 3105/6from Ch. 127, par. 776
7    20 ILCS 3105/7from Ch. 127, par. 777
8    20 ILCS 3105/9.02from Ch. 127, par. 779.02
9    20 ILCS 3105/9.07from Ch. 127, par. 779.07
10    20 ILCS 3105/10.02from Ch. 127, par. 780.02
11    20 ILCS 3105/10.03from Ch. 127, par. 780.03
12    20 ILCS 3105/10.05from Ch. 127, par. 780.05
13    20 ILCS 3105/10.09-1
14    20 ILCS 3105/12from Ch. 127, par. 782
15    20 ILCS 3105/9.01a rep.
16    20 ILCS 3105/9.01b rep.
17    20 ILCS 3105/9.01c rep.
18    20 ILCS 3105/9.09 rep.
19    20 ILCS 3105/10.02a rep.
20    20 ILCS 3105/10.02b rep.
21    20 ILCS 3105/18 rep.