SB1723 EnrolledLRB098 10437 JDS 40649 b

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 Section 14 as follows:
 
6    (20 ILCS 3105/14)  (from Ch. 127, par. 783.01)
7    Sec. 14. (a) It is the purpose of this Act to provide for
8the promotion and preservation of the arts by securing suitable
9works of art for the adornment of public buildings constructed
10or subjected to major renovation by the State or which utilize
11State funds, and thereby reflecting the diverse cultural
12heritage of Illinois our cultural heritage, with emphasis on
13the works of Illinois artists.
14    (b) As used in this Act: "Works of art" shall apply to and
15include paintings, prints, sculptures, graphics, mural
16decorations, stained glass, statues, bas reliefs, ornaments,
17fountains, ornamental gateways, or other creative works which
18reflect form, beauty and aesthetic perceptions.
19    (c) Beginning with the fiscal year ending June 30, 1979,
20and for each succeeding fiscal year thereafter, for
21construction projects managed by the Capital Development
22Board, the Capital Development Board shall set aside 1/2 of 1
23percent of the amount authorized and appropriated for

 

 

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1construction or reconstruction of each public building
2financed in whole or in part by State funds and generally
3accessible to and used by the public for purchase and placement
4of suitable works of art in such public buildings. The location
5and character of the work or works of art to be installed in
6such public buildings shall be determined by the Chairperson of
7the Illinois Arts Council, in consultation with the designing
8architect. The work or works of art shall be in a permanent and
9prominent location. by the designing architect, provided,
10however, that the work or works of art shall be in a permanent
11and prominent location.
12    (d) There is created a Fine Arts Review Committee
13consisting of the designing architect, the Chairperson
14Chairman of the Illinois Arts Council or his or her designee,
15who shall serve as the chair of the Committee, the Director of
16the Illinois State Museum or his or her designee, and a
17representative of the using agency. three persons from the area
18in which the project is to be located who are familiar with the
19local area and are knowledgeable in matters of art. Of the
20three local members, two shall be selected by the County Board
21to the County in which the project is located and one shall be
22selected by the Mayor or other chief executive officer of the
23municipality in which the project is located. The Committee,
24after such study as it deems necessary, shall recommend three
25artists or works of art in order of preference, to the Capital
26Development Board. The Chairperson of the Illinois Arts Council

 

 

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1The Board will make the final selection from among the
2recommendations submitted to it. The Illinois Arts Council
3shall provide administrative support for the Fine Arts Review
4Committee and may promulgate rules to implement this
5subsection.
6    (e) Subsection (c) does not apply to construction projects
7for which the amount appropriated is less than $1,000,000.
8There is created a Public Arts Advisory Committee whose
9function is to advise the Capital Development Board and the
10Fine Arts Review Committee on various technical and aesthetic
11perceptions that may be utilized in the creation or major
12renovation of public buildings. The Public Arts Advisory
13Committee shall consist of 12 members who shall serve for terms
14of 2 years ending on June 30 of odd numbered years, except the
15first appointees to the Committee shall serve for a term ending
16June 30, 1979. The Public Arts Advisory Committee shall meet
17four times each fiscal year. Four members shall be appointed by
18the Governor; four shall be chosen by the Senate, two of whom
19shall be chosen by the President, two by the minority leader;
20and four shall be appointed by the House of Representatives,
21two of whom shall be chosen by the Speaker and two by the
22minority leader. There shall also be a Chairman who shall be
23chosen from the committee members by the majority vote of that
24Committee.
25    (f) The Capital Development Board shall enter into a
26contract with the artist, or with the owner of the work or

 

 

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1works of art, selected by the Chairperson of the Illinois Arts
2Council as provided in subsection (d) of this Section. The
3total amount of the contract or contracts shall not exceed the
4amount set aside pursuant to subsection (c) of this Section. If
5the Capital Development Board cannot reach an agreement with
6the artist or owner of the work or works of art, then the Board
7shall notify the Chairperson of the Illinois Arts Council, and
8the Chairperson may select a different artist or work or works
9of art from the three recommendations made by the Fine Arts
10Review Committee. All necessary expenses of the Public Arts
11Advisory Committee and the Fine Arts Review Committee shall be
12paid by the Capital Development Board.
13(Source: P.A. 90-655, eff. 7-30-98.)
 
14    Section 10. The Illinois Procurement Code is amended by
15changing Section 1-10 as follows:
 
16    (30 ILCS 500/1-10)
17    Sec. 1-10. Application.
18    (a) This Code applies only to procurements for which
19contractors were first solicited on or after July 1, 1998. This
20Code shall not be construed to affect or impair any contract,
21or any provision of a contract, entered into based on a
22solicitation prior to the implementation date of this Code as
23described in Article 99, including but not limited to any
24covenant entered into with respect to any revenue bonds or

 

 

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1similar instruments. All procurements for which contracts are
2solicited between the effective date of Articles 50 and 99 and
3July 1, 1998 shall be substantially in accordance with this
4Code and its intent.
5    (b) This Code shall apply regardless of the source of the
6funds with which the contracts are paid, including federal
7assistance moneys. This Code shall not apply to:
8        (1) Contracts between the State and its political
9    subdivisions or other governments, or between State
10    governmental bodies except as specifically provided in
11    this Code.
12        (2) Grants, except for the filing requirements of
13    Section 20-80.
14        (3) Purchase of care.
15        (4) Hiring of an individual as employee and not as an
16    independent contractor, whether pursuant to an employment
17    code or policy or by contract directly with that
18    individual.
19        (5) Collective bargaining contracts.
20        (6) Purchase of real estate, except that notice of this
21    type of contract with a value of more than $25,000 must be
22    published in the Procurement Bulletin within 7 days after
23    the deed is recorded in the county of jurisdiction. The
24    notice shall identify the real estate purchased, the names
25    of all parties to the contract, the value of the contract,
26    and the effective date of the contract.

 

 

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1        (7) Contracts necessary to prepare for anticipated
2    litigation, enforcement actions, or investigations,
3    provided that the chief legal counsel to the Governor shall
4    give his or her prior approval when the procuring agency is
5    one subject to the jurisdiction of the Governor, and
6    provided that the chief legal counsel of any other
7    procuring entity subject to this Code shall give his or her
8    prior approval when the procuring entity is not one subject
9    to the jurisdiction of the Governor.
10        (8) Contracts for services to Northern Illinois
11    University by a person, acting as an independent
12    contractor, who is qualified by education, experience, and
13    technical ability and is selected by negotiation for the
14    purpose of providing non-credit educational service
15    activities or products by means of specialized programs
16    offered by the university.
17        (9) Procurement expenditures by the Illinois
18    Conservation Foundation when only private funds are used.
19        (10) Procurement expenditures by the Illinois Health
20    Information Exchange Authority involving private funds
21    from the Health Information Exchange Fund. "Private funds"
22    means gifts, donations, and private grants.
23        (11) Public-private agreements entered into according
24    to the procurement requirements of Section 20 of the
25    Public-Private Partnerships for Transportation Act and
26    design-build agreements entered into according to the

 

 

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1    procurement requirements of Section 25 of the
2    Public-Private Partnerships for Transportation Act.
3    (c) This Code does not apply to the electric power
4procurement process provided for under Section 1-75 of the
5Illinois Power Agency Act and Section 16-111.5 of the Public
6Utilities Act.
7    (d) Except for Section 20-160 and Article 50 of this Code,
8and as expressly required by Section 9.1 of the Illinois
9Lottery Law, the provisions of this Code do not apply to the
10procurement process provided for under Section 9.1 of the
11Illinois Lottery Law.
12    (e) This Code does not apply to the process used by the
13Capital Development Board to retain a person or entity to
14assist the Capital Development Board with its duties related to
15the determination of costs of a clean coal SNG brownfield
16facility, as defined by Section 1-10 of the Illinois Power
17Agency Act, as required in subsection (h-3) of Section 9-220 of
18the Public Utilities Act, including calculating the range of
19capital costs, the range of operating and maintenance costs, or
20the sequestration costs or monitoring the construction of clean
21coal SNG brownfield facility for the full duration of
22construction.
23    (f) This Code does not apply to the process used by the
24Illinois Power Agency to retain a mediator to mediate sourcing
25agreement disputes between gas utilities and the clean coal SNG
26brownfield facility, as defined in Section 1-10 of the Illinois

 

 

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1Power Agency Act, as required under subsection (h-1) of Section
29-220 of the Public Utilities Act.
3    (g) This Code does not apply to the processes used by the
4Illinois Power Agency to retain a mediator to mediate contract
5disputes between gas utilities and the clean coal SNG facility
6and to retain an expert to assist in the review of contracts
7under subsection (h) of Section 9-220 of the Public Utilities
8Act. This Code does not apply to the process used by the
9Illinois Commerce Commission to retain an expert to assist in
10determining the actual incurred costs of the clean coal SNG
11facility and the reasonableness of those costs as required
12under subsection (h) of Section 9-220 of the Public Utilities
13Act.
14    (h) This Code does not apply to the process to procure or
15contracts entered into in accordance with Sections 11-5.2 and
1611-5.3 of the Illinois Public Aid Code.
17    (i) (h) Each chief procurement officer may access records
18necessary to review whether a contract, purchase, or other
19expenditure is or is not subject to the provisions of this
20Code, unless such records would be subject to attorney-client
21privilege.
22    (j) This Code does not apply to the process used by the
23Capital Development Board to retain an artist or work or works
24of art as required in Section 14 of the Capital Development
25Board Act.
26(Source: P.A. 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10;

 

 

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197-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11;
297-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-895, eff.
38-3-12; revised 8-23-12.)
 
4    Section 15. The Design-Build Procurement Act is amended by
5changing Sections 25 and 90 as follows:
 
6    (30 ILCS 537/25)
7    (Section scheduled to be repealed on July 1, 2014)
8    Sec. 25. Selection committee.
9    (a) When the State construction agency elects to use the
10design-build delivery method, it shall establish a committee to
11evaluate and select the design-build entity. The committee,
12under the discretion of the State construction agency, shall
13consist of at least 5 but no more than or 7 members and shall
14include at least one licensed design professional and 2 members
15of the public. Public members may not be employed or associated
16with any firm holding a contract with the State construction
17agency. Within 30 days of receiving notice, one One public
18member shall be nominated by associations representing the
19general design or construction industry and one member shall be
20nominated by associations that represent minority or
21female-owned design or construction industry businesses. If
22either group fails to nominate a suitable candidate within the
2330-day period, the State construction agency shall nominate an
24appropriate public member. The selection committee may be

 

 

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1designated for a set term or for the particular project subject
2to the request for proposal.
3    (b) The members of the selection committee must certify for
4each request for proposal that no conflict of interest exists
5between the members and the design-build entities submitting
6proposals. If a conflict is discovered before proposals are
7reviewed exists, the member must be replaced before any review
8of proposals.
9    If a conflict is discovered after proposals are reviewed,
10the member with the conflict shall be removed and the committee
11may continue with only one public member.
12    If at least 5 members remain, the remaining committee
13members may complete the selection process.
14(Source: P.A. 94-716, eff. 12-13-05.)
 
15    (30 ILCS 537/90)
16    (Section scheduled to be repealed on July 1, 2014)
17    Sec. 90. Repealer. This Act is repealed on July 1, 2019
182014.
19(Source: P.A. 96-21, eff. 6-30-09.)