HB3407 104TH GENERAL ASSEMBLY

LRB104 05879 SPS 15910 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3407

Introduced 2/18/2025, by Rep. Jeff Keicher

SYNOPSIS AS INTRODUCED:

See Index

Amends the Capital Development Board Act. Changes the name of the Act to the State Agency Construction Act. Repeals provisions concerning the Capital Development Board Act. Provides that State agency's shall perform the functions that were previously performed by the Capital Development Board Act. Makes conforming changes. Amends the State Finance Act to make a conforming change. Effective January 1, 2029.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Capital Development Board Act is amended by changing the heading of Article I and Sections 1, 3, 4, 4.01, 9, 9.01, 9.05, 9.06, 9.07, 9.08a, 10, 10.02, 10.04, 10.05, 10.06, 10.07, 10.08, 10.13, 10.16, 13, 14, 15, 16, and 25 as follows:

(20 ILCS 3105/Art. I heading)

ARTICLE I. STATE AGENCY CONSTRUCTION ACT CAPITAL DEVELOPMENT

BOARD ACT

(Source: P.A. 77-1995.)

(20 ILCS 3105/1) (from Ch. 127, par. 771)

Sec. 1. This Act shall be known and may be cited as the State Agency Construction Act Capital Development Board Act, hereafter referred to as "this Act".

(Source: P.A. 77-1995.)

(20 ILCS 3105/3) (from Ch. 127, par. 773)

Sec. 3. As used in this Act, unless the context otherwise requires:

"Board" means the Capital Development Board.

"State agency" means and includes each officer, department, board, commission, institution, body politic and corporate of the State and any other person expending or encumbering State or federal funds by virtue of an appropriation or other authorization by the General Assembly or federal authorization or grant. Except as otherwise expressly authorized by the General Assembly, the term does not include the Department of Transportation, the Department of Natural Resources, or Environmental Protection Agency, except as respects buildings used by the Department or Agency for its officers, employees, or equipment, or any of them, and for capital improvements related to such buildings. Nor does the term include the Illinois Housing Development Authority, the Illinois Finance Authority or the St. Louis Metropolitan Area Airport Authority.

(Source: P.A. 101-369, eff. 12-15-19.)

(20 ILCS 3105/4) (from Ch. 127, par. 774)

Sec. 4. Powers of State agencies.Each State agency may exercise the powers described There is created the Capital Development Board. The purposes of the Board are as described in Sections 4.01 through 4.05.

(Source: P.A. 77-1995.)

(20 ILCS 3105/4.01) (from Ch. 127, par. 774.01)

Sec. 4.01. To build or otherwise provide hospital, housing, penitentiary, administrative, recreational, educational, laboratory, parking, environmental equipment and other capital improvements for which money has been appropriated to or authorized for the State agency by the General Assembly.

(Source: P.A. 79-1098.)

(20 ILCS 3105/9) (from Ch. 127, par. 779)

Sec. 9. Each State agency The Board has the powers enumerated in Sections 9.01 through 9.09.

(Source: P.A. 80-1200.)

(20 ILCS 3105/9.01) (from Ch. 127, par. 779.01)

Sec. 9.01. To provide for the acquisition, planning, construction, reconstruction, improvement and installation of capital facilities for which it has received an appropriation of funds, consisting of buildings, structures and equipment and for the acquisition and improvement of real property and interest in real property required, or expected to be required, in connection therewith and for the acquisition, protection and development of land within the State of Illinois for open spaces, recreational and conservation purposes, as authorized by the General Assembly by appropriations from the Capital Development Fund, the School Construction Fund, General Revenue Fund, other funds, or revenue bonds, but not including capital facilities provided entirely by local community college district or local school district funds or capital facilities at non-profit, non-public health service educational institutions.

(Source: P.A. 87-895.)

(20 ILCS 3105/9.05) (from Ch. 127, par. 779.05)

Sec. 9.05. To certify vouchers payable from appropriations to the State agency Board.

(Source: P.A. 77-1995.)

(20 ILCS 3105/9.06) (from Ch. 127, par. 779.06)

Sec. 9.06. To establish rules and regulations governing the acquisition, planning, construction, reconstruction, improvement and installation of capital facilities as defined in Section 9.01 of this Act. The Board may require any State agency to submit information deemed necessary for the Board to fulfill its responsibilities under this Act, and may prescribe the form of such report.

(Source: P.A. 77-1995.)

(20 ILCS 3105/9.07) (from Ch. 127, par. 779.07)

Sec. 9.07. To accept assignment of contracts entered into by other State agencies for construction services on projects over which the State agency Board shall have jurisdiction, whether or not such contracts shall have been awarded in accordance with the terms of the Illinois Procurement Code.

(Source: P.A. 101-369, eff. 12-15-19.)

(20 ILCS 3105/9.08a) (from Ch. 127, par. 779.08a)

Sec. 9.08a. Each State agency The Capital Development Board is authorized, with the consent in writing of the Director of Central Management Services and of the Governor, to acquire by condemnation in the manner provided for the exercise of the power of eminent domain under the Eminent Domain Act, all lands, buildings and grounds for which an appropriation may be made by the General Assembly, other than those acquired by those agencies specified under Section 5-675 of the Departments of State Government Law (20 ILCS 5/5-675).

(Source: P.A. 94-1055, eff. 1-1-07.)

(20 ILCS 3105/10) (from Ch. 127, par. 780)

Sec. 10. Each State agency also The Board has the duties and responsibilities enumerated in Sections 10.01 through 10.20.

(Source: P.A. 80-380; 80-381; 80-1130; 80-1364.)

(20 ILCS 3105/10.02) (from Ch. 127, par. 780.02)

Sec. 10.02. To prepare, or cause to be prepared, general plans, drawings and estimates for public buildings and improvements to be erected for any State agency.

(Source: P.A. 101-369, eff. 12-15-19.)

(20 ILCS 3105/10.04) (from Ch. 127, par. 780.04)

Sec. 10.04. Construction and repair of buildings; green building.

(a) To construct and repair, or contract for and supervise the construction and repair of, buildings under the control of or for the use of any State agency, as authorized by the General Assembly. To the maximum extent feasible, any construction or repair work shall utilize the best available technologies for minimizing building energy costs as determined through consultation with the Department of Commerce and Economic Opportunity.

(b) (Repealed by Public Act 94-573).

(Source: P.A. 96-1000, eff. 7-2-10.)

(20 ILCS 3105/10.05) (from Ch. 127, par. 780.05)

Sec. 10.05. To inspect, or cause to be inspected, materials to be incorporated into any building constructed or repaired by or under the supervision of the State agency Board.

(Source: P.A. 101-369, eff. 12-15-19.)

(20 ILCS 3105/10.06) (from Ch. 127, par. 780.06)

Sec. 10.06. To enter into contracts for construction management or supervision on all projects constructed by or under the supervision of the State agency Board.

(Source: P.A. 77-1995.)

(20 ILCS 3105/10.07) (from Ch. 127, par. 780.07)

Sec. 10.07. To enter into contracts for professional services for planning, testing, design or consulting on all projects constructed by or under the supervision of the State agency Board.

(Source: P.A. 77-1995.)

(20 ILCS 3105/10.08) (from Ch. 127, par. 780.08)

Sec. 10.08. To prepare, or cause to be prepared, comprehensive plans for the development of real property involving any project to be constructed by or to be supervised by the State agency Board.

(Source: P.A. 79-1098.)

(20 ILCS 3105/10.13) (from Ch. 127, par. 780.13)

Sec. 10.13. To defend, indemnify and keep and hold harmless the State agency members of the Board and its employees against suits, claims, damages, losses and expenses arising out of any act or failure to act for which they may be liable while acting within the scope of employment. The State agency Board may obtain insurance, if available, affording coverage for such suits, claims, damages, losses and expenses and the defense thereof. Such insurance shall be carried in a company licensed to write such coverage in this State.

Such protection shall extend to the State agency persons who were members of the Board or its employees at the time of the incident giving rise to the suit, claim, damage, loss or expense if that incident occurred on or after July 10, 1972.

(Source: P.A. 79-1479.)

(20 ILCS 3105/10.16) (from Ch. 127, par. 780.16)

Sec. 10.16. In the case of capital facilities for community colleges, the board of the community college district shall select the site, subject to the approval of the Illinois Community College Board; and the board of the local common school district shall select the site in the case of capital facilities for local common schools. The Capital Development Board may, however, disapprove any site selected either by the board of the community college district or the board of the common school district if the Capital Development Board determines that the site does not meet its minimum engineering and construction standards.

(Source: P.A. 80-1364.)

(20 ILCS 3105/13) (from Ch. 127, par. 783)

Sec. 13. The Department of Transportation Board may provide cargo handling facilities and facilities designed for the movement of cargo to or from cargo handling facilities for the use of regional port districts. Pursuant to appropriations setting forth specific projects and regional port districts, the Department of Transportation Board shall contract with the regional port district named in the Act making the appropriation for cargo handling facilities. Such contract shall provide that the regional port district shall remit to the State of Illinois an amount equal to not more than 20% of the gross receipts attributable to those facilities, and not less than 20% of the profit attributable to those facilities, whether collected by the regional port district or through an operator or other intermediary, until the full amount appropriated and expended by the State of Illinois has been remitted to the State. The exact amount of, the manner of, the method of and the time for such remittances shall be agreed upon by the particular port district and the Department of Transportation Board acting through its Secretary Executive Director, and such agreement may, from time to time, be amended by the parties so as to alter or modify the amount of, manner of, method of and time for the remittance, including, but not limited to, the temporary forgiveness, suspension or delay of the remittances not to exceed 24 months for any single suspension or delay. The payback is subordinate solely to any outstanding public bond agreements existing at the time of the contract and solely for the period of time of the running of those bond agreements. For any contract entered into under this Section, if, for a period of 25 years, a regional port district has not been required to remit any amount because the regional port district has failed to achieve the required level of profit, then the regional port district shall not be required to remit any amount under the contract.

This Section shall apply to all regional port district facilities to be constructed by the Department of Transportation Board, including projects for which appropriations or reappropriations have been made prior to June 30, 1976, and to all contracts existing prior to the effective date of this amendatory Act of 1985 as well as contracts entered into on or after such date.

(Source: P.A. 100-546, eff. 11-8-17.)

(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 the diverse cultural heritage of Illinois, 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) A State agency Beginning with the fiscal year ending June 30, 1979, and for each succeeding fiscal year thereafter, for construction projects managed by the Capital Development Board, 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 by the Chairperson of the Illinois Arts Council, in consultation with the designing architect. The work or works of art shall be in a permanent and prominent location.

(d) There is created a Fine Arts Review Committee consisting of the designing architect, the Chairperson of the Illinois Arts Council or his or her designee, who shall serve as the chair of the Committee, the Director of the Illinois State Museum or his or her designee, and a representative of the using agency. The Committee, after such study as it deems necessary, shall recommend three artists or works of art in order of preference. The Chairperson of the Illinois Arts Council will make the final selection from among the recommendations submitted. The Illinois Arts Council shall provide administrative support for the Fine Arts Review Committee and may promulgate rules to implement this subsection.

(e) Subsection (c) does not apply to construction projects for which the amount appropriated is less than $1,000,000.

(f) The State agency Capital Development Board shall enter into a contract with the artist, or with the owner of the work or works of art, selected by the Chairperson of the Illinois Arts Council as provided in subsection (d) of this Section. The total amount of the contract or contracts shall not exceed the amount set aside pursuant to subsection (c) of this Section. If the State agency Capital Development Board cannot reach an agreement with the artist or owner of the work or works of art, then the State agency Board shall notify the Chairperson of the Illinois Arts Council, and the Chairperson may select a different artist or work or works of art from the three recommendations made by the Fine Arts Review Committee.

(Source: P.A. 98-572, eff. 1-1-14; 98-756, eff. 7-16-14.)

(20 ILCS 3105/15) (from Ch. 127, par. 783a)

Sec. 15. The provisions of "The Illinois Administrative Procedure Act", as now or hereafter amended, are hereby expressly adopted and incorporated herein as though a part of this Act, and shall apply to all administrative rules and procedures of each State agency the Board under this Act.

(Source: P.A. 80-961; 80-1494.)

(20 ILCS 3105/16) (from Ch. 127, par. 783b)

Sec. 16. (a) In addition to any other power granted in this Act to adopt rules or regulations, each State agency the Board may adopt regulations or rules relating to the issuance or renewal of the prequalification of an architect, engineer or contractor or the suspension or modification of the prequalification of any such person or entity including, without limitation, an interim or emergency suspension or modification without a hearing founded on any one or more of the bases set forth in this Section.

(b) Among the bases for an interim or emergency suspension or modification of prequalification are:

(1) A finding by the State agency Board that the public interest, safety or welfare requires a summary suspension or modification of a prequalification without hearings.

(2) The occurrence of an event or series of events which, in the State agency's Board's opinion, warrants a summary suspension or modification of a prequalification without a hearing including, without limitation, (i) the indictment of the holder of the prequalification by a State or federal agency or other branch of government for a crime; (ii) the suspension or modification of a license or prequalification by another State agency or federal agency or other branch of government after hearings; (iii) a material breach of a contract made between the State agency Board and an architect, engineer or contractor; and (iv) the failure to comply with State law including, without limitation, the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, the prevailing wage requirements, and the Steel Products Procurement Act.

(c) If a prequalification is suspended or modified by the State agency Board without hearings for any reason set forth in this Section or in Section 10-65 of the Illinois Administrative Procedure Act, as amended, the State agency Board shall within 30 days of the issuance of an order of suspension or modification of a prequalification initiate proceedings for the suspension or modification of or other action upon the prequalification.

(Source: P.A. 100-391, eff. 8-25-17.)

(20 ILCS 3105/25 new)

Sec. 25. Preparation of bill. The Legislative Reference Bureau shall prepare for introduction in the 2026 spring session of the General Assembly a bill effecting such changes in the statutes as may be necessary to conform the statutes to the changes in law made by this amendatory Act of the 104th General Assembly.

(20 ILCS 3105/4.05 rep.)

(20 ILCS 3105/5 rep.)

(20 ILCS 3105/6 rep.)

(20 ILCS 3105/7 rep.)

(20 ILCS 3105/8 rep.)

(20 ILCS 3105/9.03 rep.)

(20 ILCS 3105/9.08 rep.)

(20 ILCS 3105/9.08b rep.)

(20 ILCS 3105/10.01 rep.)

(20 ILCS 3105/10.09 rep.)

(20 ILCS 3105/10.09-1 rep.)

(20 ILCS 3105/10.17 rep.)

(20 ILCS 3105/10.18 rep.)

(20 ILCS 3105/19 rep.)

(20 ILCS 3105/20 rep.)

Section 10. The Capital Development Board Act is amended by repealing Sections 4.05, 5, 6, 7, 8, 9.03, 9.08, 9.08b, 10.01, 10.09, 10.09-1, 10.17, 10.18, 19, and 20.

(30 ILCS 105/5.07 rep.)

Section 15. The State Finance Act is amended by repealing Section 5.07.

Section 99. Effective date. This Act takes effect July 1, 2029.