Full Text of SB1723 98th General Assembly
SB1723ham002 98TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 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, |
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| 1 | | fountains, ornamental
gateways, or other creative works which | 2 | | reflect form, beauty and aesthetic
perceptions.
| 3 | | (c) Beginning with the fiscal year ending June 30, 1979, | 4 | | and for each
succeeding fiscal year thereafter, the Capital | 5 | | Development Board shall set
aside 1/2 of 1 percent of the | 6 | | amount authorized and appropriated for
construction or | 7 | | reconstruction of each public building financed in whole or in
| 8 | | part by State funds and generally accessible to and used by the | 9 | | public for
purchase and placement of suitable works of art in | 10 | | such public buildings. The
location and character of the work | 11 | | or works of art to be installed in such
public buildings shall | 12 | | be determined by the Chairperson of the Illinois Arts Council, | 13 | | in consultation with the designing architect. The work or works | 14 | | of art shall be in a permanent and prominent location. by the | 15 | | designing architect, provided,
however, that the work or works | 16 | | of art shall be in a permanent and prominent
location .
| 17 | | (d) There is created a Fine Arts Review Committee | 18 | | consisting of the
designing
architect, the Chairperson | 19 | | Chairman of the Illinois Arts Council or his or her designee, | 20 | | who shall serve as the chair of the Committee, the
Director of | 21 | | the Illinois State Museum or his or her designee, and a | 22 | | representative of the using agency. three persons
from the area | 23 | | in which the project is to be located who are familiar with
the | 24 | | local area and are knowledgeable in matters of art. Of the | 25 | | three local
members, two shall be selected by the County Board | 26 | | to the County in which
the project is located and one shall be |
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| 1 | | selected by the Mayor or other chief
executive officer of the | 2 | | municipality in which the project is located.
The Committee, | 3 | | after such study as it deems necessary, shall recommend three
| 4 | | artists or works of art in order of preference , to the Capital | 5 | | Development
Board . The Chairperson of the Illinois Arts Council | 6 | | The Board will make the final selection from among the | 7 | | recommendations
submitted to it . The Illinois Arts Council | 8 | | shall provide administrative support for the Fine Arts Review | 9 | | Committee and may promulgate rules to implement this | 10 | | subsection.
| 11 | | (e) Subsection (c) does not apply to projects for which the | 12 | | amount appropriated is less than $1,000,000. There is created a | 13 | | Public Arts Advisory Committee whose function is
to advise the | 14 | | Capital Development Board and the Fine Arts Review Committee
on | 15 | | various technical and aesthetic perceptions that may be | 16 | | utilized in the
creation or major renovation of public | 17 | | buildings. The Public Arts Advisory
Committee shall consist of | 18 | | 12 members who shall serve for terms of 2 years
ending on June | 19 | | 30 of odd numbered years, except the first appointees to
the | 20 | | Committee shall serve for a term ending June 30, 1979. The | 21 | | Public Arts
Advisory Committee shall meet four times each | 22 | | fiscal year. Four members
shall be appointed by the Governor; | 23 | | four shall be chosen by the Senate,
two of whom shall be chosen | 24 | | by the President, two by the minority leader;
and four shall be | 25 | | appointed by the House of Representatives, two of whom
shall be | 26 | | chosen by the Speaker and two by the minority leader. There |
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| 1 | | shall
also be a Chairman who shall be chosen from the committee | 2 | | members by the
majority vote of that Committee.
| 3 | | (f) The Capital Development Board shall enter into a | 4 | | contract with the artist, or with the owner of the work or | 5 | | works of art, selected by the Chairperson of the Illinois Arts | 6 | | Council as provided in subsection (d) of this Section. The | 7 | | total amount of the contract or contracts shall not exceed the | 8 | | amount set aside pursuant to subsection (c) of this Section. If | 9 | | the Capital Development Board cannot reach an agreement with | 10 | | the artist or owner of the work or works of art, then the Board | 11 | | shall notify the Chairperson of the Illinois Arts Council, and | 12 | | the Chairperson may select a different artist or work or works | 13 | | of art from the three recommendations made by the Fine Arts | 14 | | Review Committee. All necessary expenses of the Public Arts | 15 | | Advisory Committee and the
Fine Arts Review Committee shall be | 16 | | paid 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 | 19 | | changing 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 | 23 | | contractors were first
solicited on or after July 1, 1998. This | 24 | | Code shall not be construed to affect
or impair any contract, |
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| 1 | | or any provision of a contract, entered into based on a
| 2 | | solicitation prior to the implementation date of this Code as | 3 | | described in
Article 99, including but not limited to any | 4 | | covenant entered into with respect
to any revenue bonds or | 5 | | similar instruments.
All procurements for which contracts are | 6 | | solicited between the effective date
of Articles 50 and 99 and | 7 | | July 1, 1998 shall be substantially in accordance
with this | 8 | | Code and its intent.
| 9 | | (b) This Code shall apply regardless of the source of the | 10 | | funds with which
the contracts are paid, including federal | 11 | | assistance 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 | 8 | | procurement process provided for under Section 1-75 of the | 9 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 10 | | Utilities Act. | 11 | | (d) Except for Section 20-160 and Article 50 of this Code, | 12 | | and as expressly required by Section 9.1 of the Illinois | 13 | | Lottery Law, the provisions of this Code do not apply to the | 14 | | procurement process provided for under Section 9.1 of the | 15 | | Illinois Lottery Law. | 16 | | (e) This Code does not apply to the process used by the | 17 | | Capital Development Board to retain a person or entity to | 18 | | assist the Capital Development Board with its duties related to | 19 | | the determination of costs of a clean coal SNG brownfield | 20 | | facility, as defined by Section 1-10 of the Illinois Power | 21 | | Agency Act, as required in subsection (h-3) of Section 9-220 of | 22 | | the Public Utilities Act, including calculating the range of | 23 | | capital costs, the range of operating and maintenance costs, or | 24 | | the sequestration costs or monitoring the construction of clean | 25 | | coal SNG brownfield facility for the full duration of | 26 | | construction. |
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| 1 | | (f) This Code does not apply to the process used by the | 2 | | Illinois Power Agency to retain a mediator to mediate sourcing | 3 | | agreement disputes between gas utilities and the clean coal SNG | 4 | | brownfield facility, as defined in Section 1-10 of the Illinois | 5 | | Power Agency Act, as required under subsection (h-1) of Section | 6 | | 9-220 of the Public Utilities Act. | 7 | | (g) This Code does not apply to the processes used by the | 8 | | Illinois Power Agency to retain a mediator to mediate contract | 9 | | disputes between gas utilities and the clean coal SNG facility | 10 | | and to retain an expert to assist in the review of contracts | 11 | | under subsection (h) of Section 9-220 of the Public Utilities | 12 | | Act. This Code does not apply to the process used by the | 13 | | Illinois Commerce Commission to retain an expert to assist in | 14 | | determining the actual incurred costs of the clean coal SNG | 15 | | facility and the reasonableness of those costs as required | 16 | | under subsection (h) of Section 9-220 of the Public Utilities | 17 | | Act. | 18 | | (h) This Code does not apply to the process to procure or | 19 | | contracts entered into in accordance with Sections 11-5.2 and | 20 | | 11-5.3 of the Illinois Public Aid Code. | 21 | | (i) (h) Each chief procurement officer may access records | 22 | | necessary to review whether a contract, purchase, or other | 23 | | expenditure is or is not subject to the provisions of this | 24 | | Code, unless such records would be subject to attorney-client | 25 | | privilege. | 26 | | (j) This Code does not apply to the process used by the |
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| 1 | | Capital Development Board to retain an artist or work or works | 2 | | of art as required in of Section 14 of the Capital Development | 3 | | Board Act. | 4 | | (Source: P.A. 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10; | 5 | | 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11; | 6 | | 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-895, eff. | 7 | | 8-3-12; revised 8-23-12.)
| 8 | | Section 15. The Design-Build
Procurement Act is amended by | 9 | | changing 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 | 14 | | design-build
delivery method, it
shall establish a committee to | 15 | | evaluate and select the design-build entity. The
committee, | 16 | | under the discretion of the State construction agency, shall | 17 | | consist
of at least 5 but no more than or
7 members and shall | 18 | | include at least one licensed design professional and 2
members | 19 | | of the public. Public
members may not be employed or associated | 20 | | with any firm holding a contract with
the State construction | 21 | | agency. Within 30 days of receiving notice, one One public | 22 | | member shall be nominated by associations representing the | 23 | | general design or construction industry and one member shall be | 24 | | nominated by associations that represent minority or |
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| 1 | | female-owned design or construction industry businesses. If | 2 | | either group fails to nominate a suitable candidate within the | 3 | | 30 day period, the State construction agency shall nominate an | 4 | | appropriate public member. The selection committee may be | 5 | | designated for a set term
or
for the particular project subject | 6 | | to the request for proposal.
| 7 | | (b) The members of the selection committee must certify for | 8 | | each request for
proposal that no conflict of interest exists | 9 | | between the members and the
design-build entities submitting | 10 | | proposals. If a conflict is discovered before proposals are | 11 | | reviewed exists , the member
must
be replaced before any review | 12 | | of proposals.
| 13 | | If a conflict is discovered after proposals are reviewed, | 14 | | the member with the conflict shall be removed and the committee | 15 | | may continue with only one public member. | 16 | | If at least 5 members remain, the remaining committee | 17 | | members 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 | 22 | | 2014 .
| 23 | | (Source: P.A. 96-21, eff. 6-30-09.)".
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