SB1723ham001 98TH GENERAL ASSEMBLY

Rep. Barbara Flynn Currie

Filed: 5/23/2013

09800SB1723ham001 LRB098 10437 OMW 46373 a

AMENDMENT TO SENATE BILL 1723

AMENDMENT NO. ______. Amend Senate Bill 1723 by replacing everything after the enacting clause with the following:

"Section 5. The Capital Development Board Act is amended by changing Section 14 as follows:

(20 ILCS 3105/14) (from Ch. 127, par. 783.01)

Sec. 14. (a) It is the purpose of this Act to provide for the promotion and preservation of the arts by securing suitable works of art for the adornment of public buildings constructed or subjected to major renovation by the State or which utilize State funds, and thereby reflecting our cultural heritage, with emphasis on the works of Illinois artists.

(b) As used in this Act: "Works of art" shall apply to and include paintings, prints, sculptures, graphics, mural decorations, stained glass, statues, bas reliefs, ornaments, fountains, ornamental gateways, or other creative works which reflect form, beauty and aesthetic perceptions.

(c) Beginning with the fiscal year ending June 30, 1979, and for each succeeding fiscal year thereafter, the Capital Development Board shall set aside 1/2 of 1 percent of the amount authorized and appropriated for construction or reconstruction of each public building financed in whole or in part by State funds and generally accessible to and used by the public for purchase and placement of suitable works of art in such public buildings. The location and character of the work or works of art to be installed in such public buildings shall be determined as provided in this Section by the designing architect, provided, however, that the work or works of art shall be in a permanent and prominent location.

(d) In determining which work or works of art to select for use under subsection (c) of this Section, the Illinois Arts Council may consult with the designing architect, the Director of the Illinois State Museum, the using agency, and three persons from the area in which the project is to be located who are familiar with the local area and are knowledgeable in matters of art. After such study as it deems necessary, the Illinois Art Council shall make the final selection. There is created a Fine Arts Review Committee consisting of the designing architect, the Chairman of the Illinois Arts Council or his designee, the Director of the Illinois State Museum or his designee, and three persons from the area in which the project is to be located who are familiar with the local area and are knowledgeable in matters of art. Of the three local members, two shall be selected by the County Board to the County in which the project is located and one shall be selected by the Mayor or other chief executive officer of the municipality in which the project is located. The Committee, after such study as it deems necessary, shall recommend three artists or works of art in order of preference, to the Capital Development Board. The Board will make the final selection from among the recommendations submitted to it.

(e) Subsection (c) does not apply to projects for which the amount appropriated is less than $1,000,000. There is created a Public Arts Advisory Committee whose function is to advise the Capital Development Board and the Fine Arts Review Committee on various technical and aesthetic perceptions that may be utilized in the creation or major renovation of public buildings. The Public Arts Advisory Committee shall consist of 12 members who shall serve for terms of 2 years ending on June 30 of odd numbered years, except the first appointees to the Committee shall serve for a term ending June 30, 1979. The Public Arts Advisory Committee shall meet four times each fiscal year. Four members shall be appointed by the Governor; four shall be chosen by the Senate, two of whom shall be chosen by the President, two by the minority leader; and four shall be appointed by the House of Representatives, two of whom shall be chosen by the Speaker and two by the minority leader. There shall also be a Chairman who shall be chosen from the committee members by the majority vote of that Committee.

(f) (Blank). All necessary expenses of the Public Arts Advisory Committee and the Fine Arts Review Committee shall be paid by the Capital Development Board.

(Source: P.A. 90-655, eff. 7-30-98.)".

Section 10. The Design-Build Procurement Act is amended by changing Sections 25 and 90 as follows:

(30 ILCS 537/25)

(Section scheduled to be repealed on July 1, 2014)

Sec. 25. Selection committee.

(a) When the State construction agency elects to use the design-build delivery method, it shall establish a committee to evaluate and select the design-build entity. The committee, under the discretion of the State construction agency, shall consist of at least 5 but no more than or 7 members and shall include at least one licensed design professional and 2 members of the public. Public members may not be employed or associated with any firm holding a contract with the State construction agency. Within 30 days of receiving notice, one One public member shall be nominated by associations representing the general design or construction industry and one member shall be nominated by associations that represent minority or female-owned design or construction industry businesses. If either group fails to nominate a suitable candidate within the 30 day period, the State construction agency shall nominate an appropriate public member. The selection committee may be designated for a set term or for the particular project subject to the request for proposal.

(b) The members of the selection committee must certify for each request for proposal that no conflict of interest exists between the members and the design-build entities submitting proposals. If a conflict is discovered before proposals are reviewed exists, the member must be replaced before any review of proposals.

If a conflict is discovered after proposals are reviewed, the member with the conflict shall be removed and the committee may continue with only one public member.

If at least 5 members remain, the remaining committee members may complete the selection process.

(Source: P.A. 94-716, eff. 12-13-05.)

(30 ILCS 537/90)

(Section scheduled to be repealed on July 1, 2014)

Sec. 90. Repealer. This Act is repealed on July 1, 2019 2014.

(Source: P.A. 96-21, eff. 6-30-09.)".