Rep. Barbara Flynn Currie

Filed: 5/26/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1723

2    AMENDMENT NO. ______. Amend Senate Bill 1723 by replacing
3everything after the enacting clause with the following:
 
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,

 

 

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1fountains, ornamental gateways, or other creative works which
2reflect form, beauty and aesthetic perceptions.
3    (c) Beginning with the fiscal year ending June 30, 1979,
4and for each succeeding fiscal year thereafter, the Capital
5Development Board shall set aside 1/2 of 1 percent of the
6amount authorized and appropriated for construction or
7reconstruction of each public building financed in whole or in
8part by State funds and generally accessible to and used by the
9public for purchase and placement of suitable works of art in
10such public buildings. The location and character of the work
11or works of art to be installed in such public buildings shall
12be determined by the Chairperson of the Illinois Arts Council,
13in consultation with the designing architect. The work or works
14of art shall be in a permanent and prominent location. by the
15designing architect, provided, however, that the work or works
16of art shall be in a permanent and prominent location.
17    (d) There is created a Fine Arts Review Committee
18consisting of the designing architect, the Chairperson
19Chairman of the Illinois Arts Council or his or her designee,
20who shall serve as the chair of the Committee, the Director of
21the Illinois State Museum or his or her designee, and a
22representative of the using agency. three persons from the area
23in which the project is to be located who are familiar with the
24local area and are knowledgeable in matters of art. Of the
25three local members, two shall be selected by the County Board
26to the County in which the project is located and one shall be

 

 

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1selected by the Mayor or other chief executive officer of the
2municipality in which the project is located. The Committee,
3after such study as it deems necessary, shall recommend three
4artists or works of art in order of preference, to the Capital
5Development Board. The Chairperson of the Illinois Arts Council
6The Board will make the final selection from among the
7recommendations submitted to it. The Illinois Arts Council
8shall provide administrative support for the Fine Arts Review
9Committee and may promulgate rules to implement this
10subsection.
11    (e) Subsection (c) does not apply to projects for which the
12amount appropriated is less than $1,000,000. There is created a
13Public Arts Advisory Committee whose function is to advise the
14Capital Development Board and the Fine Arts Review Committee on
15various technical and aesthetic perceptions that may be
16utilized in the creation or major renovation of public
17buildings. The Public Arts Advisory Committee shall consist of
1812 members who shall serve for terms of 2 years ending on June
1930 of odd numbered years, except the first appointees to the
20Committee shall serve for a term ending June 30, 1979. The
21Public Arts Advisory Committee shall meet four times each
22fiscal year. Four members shall be appointed by the Governor;
23four shall be chosen by the Senate, two of whom shall be chosen
24by the President, two by the minority leader; and four shall be
25appointed by the House of Representatives, two of whom shall be
26chosen by the Speaker and two by the minority leader. There

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (f) This Code does not apply to the process used by the
2Illinois Power Agency to retain a mediator to mediate sourcing
3agreement disputes between gas utilities and the clean coal SNG
4brownfield facility, as defined in Section 1-10 of the Illinois
5Power Agency Act, as required under subsection (h-1) of Section
69-220 of the Public Utilities Act.
7    (g) This Code does not apply to the processes used by the
8Illinois Power Agency to retain a mediator to mediate contract
9disputes between gas utilities and the clean coal SNG facility
10and to retain an expert to assist in the review of contracts
11under subsection (h) of Section 9-220 of the Public Utilities
12Act. This Code does not apply to the process used by the
13Illinois Commerce Commission to retain an expert to assist in
14determining the actual incurred costs of the clean coal SNG
15facility and the reasonableness of those costs as required
16under subsection (h) of Section 9-220 of the Public Utilities
17Act.
18    (h) This Code does not apply to the process to procure or
19contracts entered into in accordance with Sections 11-5.2 and
2011-5.3 of the Illinois Public Aid Code.
21    (i) (h) Each chief procurement officer may access records
22necessary to review whether a contract, purchase, or other
23expenditure is or is not subject to the provisions of this
24Code, unless such records would be subject to attorney-client
25privilege.
26    (j) This Code does not apply to the process used by the

 

 

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1Capital Development Board to retain an artist or work or works
2of art as required in of Section 14 of the Capital Development
3Board Act.
4(Source: P.A. 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10;
597-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11;
697-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-895, eff.
78-3-12; revised 8-23-12.)
 
8    Section 15. The Design-Build Procurement Act is amended by
9changing Sections 25 and 90 as follows:
 
10    (30 ILCS 537/25)
11    (Section scheduled to be repealed on July 1, 2014)
12    Sec. 25. Selection committee.
13    (a) When the State construction agency elects to use the
14design-build delivery method, it shall establish a committee to
15evaluate and select the design-build entity. The committee,
16under the discretion of the State construction agency, shall
17consist of at least 5 but no more than or 7 members and shall
18include at least one licensed design professional and 2 members
19of the public. Public members may not be employed or associated
20with any firm holding a contract with the State construction
21agency. Within 30 days of receiving notice, one One public
22member shall be nominated by associations representing the
23general design or construction industry and one member shall be
24nominated by associations that represent minority or

 

 

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1female-owned design or construction industry businesses. If
2either group fails to nominate a suitable candidate within the
330 day period, the State construction agency shall nominate an
4appropriate public member. The selection committee may be
5designated for a set term or for the particular project subject
6to the request for proposal.
7    (b) The members of the selection committee must certify for
8each request for proposal that no conflict of interest exists
9between the members and the design-build entities submitting
10proposals. If a conflict is discovered before proposals are
11reviewed exists, the member must be replaced before any review
12of proposals.
13    If a conflict is discovered after proposals are reviewed,
14the member with the conflict shall be removed and the committee
15may continue with only one public member.
16    If at least 5 members remain, the remaining committee
17members may complete the selection process.
18(Source: P.A. 94-716, eff. 12-13-05.)
 
19    (30 ILCS 537/90)
20    (Section scheduled to be repealed on July 1, 2014)
21    Sec. 90. Repealer. This Act is repealed on July 1, 2019
222014.
23(Source: P.A. 96-21, eff. 6-30-09.)".