Full Text of SB1723 98th General Assembly
SB1723enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Capital Development Board Act is amended by | 5 | | changing 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 | 8 | | the promotion
and preservation of the arts by securing suitable | 9 | | works of art for the
adornment of public buildings constructed | 10 | | or subjected to major renovation by
the State or which utilize | 11 | | State funds, and thereby reflecting the diverse cultural | 12 | | heritage of Illinois our cultural
heritage , with emphasis on | 13 | | the works of Illinois artists.
| 14 | | (b) As used in this Act: "Works of art" shall apply to and | 15 | | include
paintings, prints, sculptures, graphics, mural | 16 | | decorations, stained glass,
statues, bas reliefs, ornaments, | 17 | | fountains, ornamental
gateways, or other creative works which | 18 | | reflect form, beauty and aesthetic
perceptions.
| 19 | | (c) Beginning with the fiscal year ending June 30, 1979, | 20 | | and for each
succeeding fiscal year thereafter, for | 21 | | construction projects managed by the Capital Development | 22 | | Board, the Capital Development Board shall set
aside 1/2 of 1 | 23 | | percent of the amount authorized and appropriated for
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| 1 | | construction or reconstruction of each public building | 2 | | financed in whole or in
part by State funds and generally | 3 | | accessible to and used by the public for
purchase and placement | 4 | | of suitable works of art in such public buildings. The
location | 5 | | and character of the work or works of art to be installed in | 6 | | such
public buildings shall be determined by the Chairperson of | 7 | | the Illinois Arts Council, in consultation with the designing | 8 | | architect. The work or works of art shall be in a permanent and | 9 | | prominent location. by the designing architect, provided,
| 10 | | however, that the work or works of art shall be in a permanent | 11 | | and prominent
location .
| 12 | | (d) There is created a Fine Arts Review Committee | 13 | | consisting of the
designing
architect, the Chairperson | 14 | | Chairman of the Illinois Arts Council or his or her designee, | 15 | | who shall serve as the chair of the Committee, the
Director of | 16 | | the Illinois State Museum or his or her designee, and a | 17 | | representative of the using agency. three persons
from the area | 18 | | in which the project is to be located who are familiar with
the | 19 | | local area and are knowledgeable in matters of art. Of the | 20 | | three local
members, two shall be selected by the County Board | 21 | | to the County in which
the project is located and one shall be | 22 | | selected by the Mayor or other chief
executive officer of the | 23 | | municipality in which the project is located.
The Committee, | 24 | | after such study as it deems necessary, shall recommend three
| 25 | | artists or works of art in order of preference , to the Capital | 26 | | Development
Board . The Chairperson of the Illinois Arts Council |
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| 1 | | The Board will make the final selection from among the | 2 | | recommendations
submitted to it . The Illinois Arts Council | 3 | | shall provide administrative support for the Fine Arts Review | 4 | | Committee and may promulgate rules to implement this | 5 | | subsection.
| 6 | | (e) Subsection (c) does not apply to construction projects | 7 | | for which the amount appropriated is less than $1,000,000. | 8 | | There is created a Public Arts Advisory Committee whose | 9 | | function is
to advise the Capital Development Board and the | 10 | | Fine Arts Review Committee
on various technical and aesthetic | 11 | | perceptions that may be utilized in the
creation or major | 12 | | renovation of public buildings. The Public Arts Advisory
| 13 | | Committee shall consist of 12 members who shall serve for terms | 14 | | of 2 years
ending on June 30 of odd numbered years, except the | 15 | | first appointees to
the Committee shall serve for a term ending | 16 | | June 30, 1979. The Public Arts
Advisory Committee shall meet | 17 | | four times each fiscal year. Four members
shall be appointed by | 18 | | the Governor; four shall be chosen by the Senate,
two of whom | 19 | | shall be chosen by the President, two by the minority leader;
| 20 | | and four shall be appointed by the House of Representatives, | 21 | | two of whom
shall be chosen by the Speaker and two by the | 22 | | minority leader. There shall
also be a Chairman who shall be | 23 | | chosen from the committee members by the
majority vote of that | 24 | | Committee.
| 25 | | (f) The Capital Development Board shall enter into a | 26 | | contract with the artist, or with the owner of the work or |
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| 1 | | works of art, selected by the Chairperson of the Illinois Arts | 2 | | Council as provided in subsection (d) of this Section. The | 3 | | total amount of the contract or contracts shall not exceed the | 4 | | amount set aside pursuant to subsection (c) of this Section. If | 5 | | the Capital Development Board cannot reach an agreement with | 6 | | the artist or owner of the work or works of art, then the Board | 7 | | shall notify the Chairperson of the Illinois Arts Council, and | 8 | | the Chairperson may select a different artist or work or works | 9 | | of art from the three recommendations made by the Fine Arts | 10 | | Review Committee. All necessary expenses of the Public Arts | 11 | | Advisory Committee and the
Fine Arts Review Committee shall be | 12 | | paid 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 | 15 | | changing 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 | 19 | | contractors were first
solicited on or after July 1, 1998. This | 20 | | Code shall not be construed to affect
or impair any contract, | 21 | | or any provision of a contract, entered into based on a
| 22 | | solicitation prior to the implementation date of this Code as | 23 | | described in
Article 99, including but not limited to any | 24 | | covenant entered into with respect
to any revenue bonds or |
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| 1 | | similar instruments.
All procurements for which contracts are | 2 | | solicited between the effective date
of Articles 50 and 99 and | 3 | | July 1, 1998 shall be substantially in accordance
with this | 4 | | Code and its intent.
| 5 | | (b) This Code shall apply regardless of the source of the | 6 | | funds with which
the contracts are paid, including federal | 7 | | assistance 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 | 4 | | procurement process provided for under Section 1-75 of the | 5 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 6 | | Utilities Act. | 7 | | (d) Except for Section 20-160 and Article 50 of this Code, | 8 | | and as expressly required by Section 9.1 of the Illinois | 9 | | Lottery Law, the provisions of this Code do not apply to the | 10 | | procurement process provided for under Section 9.1 of the | 11 | | Illinois Lottery Law. | 12 | | (e) This Code does not apply to the process used by the | 13 | | Capital Development Board to retain a person or entity to | 14 | | assist the Capital Development Board with its duties related to | 15 | | the determination of costs of a clean coal SNG brownfield | 16 | | facility, as defined by Section 1-10 of the Illinois Power | 17 | | Agency Act, as required in subsection (h-3) of Section 9-220 of | 18 | | the Public Utilities Act, including calculating the range of | 19 | | capital costs, the range of operating and maintenance costs, or | 20 | | the sequestration costs or monitoring the construction of clean | 21 | | coal SNG brownfield facility for the full duration of | 22 | | construction. | 23 | | (f) This Code does not apply to the process used by the | 24 | | Illinois Power Agency to retain a mediator to mediate sourcing | 25 | | agreement disputes between gas utilities and the clean coal SNG | 26 | | brownfield facility, as defined in Section 1-10 of the Illinois |
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| 1 | | Power Agency Act, as required under subsection (h-1) of Section | 2 | | 9-220 of the Public Utilities Act. | 3 | | (g) This Code does not apply to the processes used by the | 4 | | Illinois Power Agency to retain a mediator to mediate contract | 5 | | disputes between gas utilities and the clean coal SNG facility | 6 | | and to retain an expert to assist in the review of contracts | 7 | | under subsection (h) of Section 9-220 of the Public Utilities | 8 | | Act. This Code does not apply to the process used by the | 9 | | Illinois Commerce Commission to retain an expert to assist in | 10 | | determining the actual incurred costs of the clean coal SNG | 11 | | facility and the reasonableness of those costs as required | 12 | | under subsection (h) of Section 9-220 of the Public Utilities | 13 | | Act. | 14 | | (h) This Code does not apply to the process to procure or | 15 | | contracts entered into in accordance with Sections 11-5.2 and | 16 | | 11-5.3 of the Illinois Public Aid Code. | 17 | | (i) (h) Each chief procurement officer may access records | 18 | | necessary to review whether a contract, purchase, or other | 19 | | expenditure is or is not subject to the provisions of this | 20 | | Code, unless such records would be subject to attorney-client | 21 | | privilege. | 22 | | (j) This Code does not apply to the process used by the | 23 | | Capital Development Board to retain an artist or work or works | 24 | | of art as required in Section 14 of the Capital Development | 25 | | Board Act. | 26 | | (Source: P.A. 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10; |
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| 1 | | 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11; | 2 | | 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-895, eff. | 3 | | 8-3-12; revised 8-23-12.)
| 4 | | Section 15. The Design-Build
Procurement Act is amended by | 5 | | changing 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 | 10 | | design-build
delivery method, it
shall establish a committee to | 11 | | evaluate and select the design-build entity. The
committee, | 12 | | under the discretion of the State construction agency, shall | 13 | | consist
of at least 5 but no more than or
7 members and shall | 14 | | include at least one licensed design professional and 2
members | 15 | | of the public. Public
members may not be employed or associated | 16 | | with any firm holding a contract with
the State construction | 17 | | agency. Within 30 days of receiving notice, one One public | 18 | | member shall be nominated by associations representing the | 19 | | general design or construction industry and one member shall be | 20 | | nominated by associations that represent minority or | 21 | | female-owned design or construction industry businesses. If | 22 | | either group fails to nominate a suitable candidate within the | 23 | | 30-day period, the State construction agency shall nominate an | 24 | | appropriate public member. The selection committee may be |
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| 1 | | designated for a set term
or
for the particular project subject | 2 | | to the request for proposal.
| 3 | | (b) The members of the selection committee must certify for | 4 | | each request for
proposal that no conflict of interest exists | 5 | | between the members and the
design-build entities submitting | 6 | | proposals. If a conflict is discovered before proposals are | 7 | | reviewed exists , the member
must
be replaced before any review | 8 | | of proposals.
| 9 | | If a conflict is discovered after proposals are reviewed, | 10 | | the member with the conflict shall be removed and the committee | 11 | | may continue with only one public member. | 12 | | If at least 5 members remain, the remaining committee | 13 | | members 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 | 18 | | 2014 .
| 19 | | (Source: P.A. 96-21, eff. 6-30-09.)
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