Full Text of SB2120 101st General Assembly
SB2120enr 101ST 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 Sections 3, 4.03, 4.04, 6, 7, 9.02, 9.07, 10.02, | 6 | | 10.03, 10.05, 10.09-1, and 12 as follows:
| 7 | | (20 ILCS 3105/3) (from Ch. 127, par. 773)
| 8 | | Sec. 3. As used in this Act, unless the context otherwise | 9 | | requires:
| 10 | | "Board" means the Capital Development Board.
| 11 | | "State agency" means and includes each officer, | 12 | | department, board,
commission, institution, body politic and | 13 | | corporate of the State
including the Illinois Building | 14 | | Authority, school districts, and any
other person expending or | 15 | | encumbering State or federal funds by virtue
of an | 16 | | appropriation or other authorization by the General Assembly or
| 17 | | federal authorization or grant. Except as otherwise expressly
| 18 | | authorized by the General Assembly, the term does not include | 19 | | the
Department of Transportation, the Department of Natural | 20 | | Resources, or
Environmental Protection Agency, except
as | 21 | | respects buildings used by the Department or Agency for its | 22 | | officers,
employees, or equipment, or any of them, and for | 23 | | capital improvements
related to such buildings. Nor does the |
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| 1 | | term include the Illinois
Housing Development Authority, the | 2 | | Illinois Finance Authority or
the St. Louis Metropolitan Area | 3 | | Airport Authority.
| 4 | | "School District" means any school district or special | 5 | | charter
district as defined in Section 1-3 of "The School | 6 | | Code", approved March
18, 1961, as amended, or any | 7 | | administrative district, or governing board,
of a joint | 8 | | agreement organized under Section 10-22.31 of the School Code.
| 9 | | (Source: P.A. 93-205, eff. 1-1-04.)
| 10 | | (20 ILCS 3105/4.03) (from Ch. 127, par. 774.03)
| 11 | | Sec. 4.03.
To conduct research on improvements in choice | 12 | | and use of materials, energy
systems , including solar energy | 13 | | systems , and in construction methods for
reducing construction | 14 | | costs and operating and maintenance costs of the facilities
| 15 | | described in Section 4.01.
| 16 | | (Source: P.A. 80-430.)
| 17 | | (20 ILCS 3105/4.04) (from Ch. 127, par. 774.04)
| 18 | | Sec. 4.04.
To review and recommend periodic revisions in | 19 | | established building
and construction codes to promote public | 20 | | safety, energy efficiency and
economy, including the use of | 21 | | solar energy, and reduce construction
costs and operating and | 22 | | maintenance costs of the facilities described in
Section 4.01.
| 23 | | (Source: P.A. 80-430.)
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| 1 | | (20 ILCS 3105/6) (from Ch. 127, par. 776)
| 2 | | Sec. 6.
Members of the Board shall serve without | 3 | | compensation but shall be
reimbursed for their reasonable | 4 | | expenses necessarily incurred in the
performance of their | 5 | | duties and the exercise of their powers under this
Act. Each | 6 | | member shall give bond, before entering upon the duties of his | 7 | | or her office, in the penal sum of $100,000 by inclusion in the | 8 | | blanket bond or bonds or the self-insurance program provided | 9 | | for in Section 14.1 and 14.2 of the Official Bond Act. The bond | 10 | | shall be conditioned upon the faithful performance of his or | 11 | | her duties. Each member shall, before entering upon the duties | 12 | | of his or her office, take and subscribe the constitutional | 13 | | oath of office, which shall be filed in the office of the | 14 | | Secretary of State. Each member shall before entering upon the | 15 | | duties of his office, take
and subscribe the constitutional | 16 | | oath of office and give bond in the penal
sum of $100,000 | 17 | | conditioned upon the faithful performance of his duties.
The | 18 | | oath and bond shall be filed in the office of the Secretary of | 19 | | State.
| 20 | | (Source: P.A. 77-1995 .)
| 21 | | (20 ILCS 3105/7) (from Ch. 127, par. 777)
| 22 | | Sec. 7.
The Board shall meet at such times and places as is | 23 | | provided for by the
Board or, in the absence of such a | 24 | | provision, on call of the chairman as prescribed by Board rules | 25 | | after
at least 5 day's written notice to the members and the |
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| 1 | | request of 2 or more
members . Four members of the Board shall | 2 | | constitute a quorum. No vacancy in the
membership shall impair | 3 | | the right of a quorum of the members to exercise
all of the | 4 | | rights and powers, and to perform all of the duties, of the
| 5 | | Board.
| 6 | | (Source: P.A. 77-1995 .)
| 7 | | (20 ILCS 3105/9.02) (from Ch. 127, par. 779.02)
| 8 | | Sec. 9.02.
To enter into contracts on behalf of the State | 9 | | of Illinois to effectuate
the purposes of this Act, subject to | 10 | | the Illinois Procurement Code Purchasing Act .
| 11 | | (Source: P.A. 77-1995 .)
| 12 | | (20 ILCS 3105/9.07) (from Ch. 127, par. 779.07)
| 13 | | Sec. 9.07.
To accept assignment of contracts entered into | 14 | | by other State agencies
for construction services on projects | 15 | | over which the Board shall have
jurisdiction, whether or not | 16 | | such contracts shall have been awarded in
accordance with the | 17 | | terms of the Illinois Procurement Code Purchasing Act .
| 18 | | (Source: P.A. 77-1995 .)
| 19 | | (20 ILCS 3105/10.02) (from Ch. 127, par. 780.02)
| 20 | | Sec. 10.02.
To prepare, or cause to be prepared, general | 21 | | plans, drawings and
estimates , including the life-cycle cost | 22 | | estimate of energy systems, for
public buildings and | 23 | | improvements to be erected for any State agency.
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| 1 | | (Source: P.A. 80-430.)
| 2 | | (20 ILCS 3105/10.03) (from Ch. 127, par. 780.03)
| 3 | | Sec. 10.03.
To prepare, or cause to be prepared, such | 4 | | plans, specifications and
other documents as are necessary to | 5 | | the taking and acceptance of bids
and letting of construction | 6 | | contracts and to advertise for bids for such
projects, as | 7 | | required in The Illinois Procurement Code Purchasing Act .
| 8 | | (Source: P.A. 81-945.)
| 9 | | (20 ILCS 3105/10.05) (from Ch. 127, par. 780.05)
| 10 | | Sec. 10.05.
To inspect , or cause to be inspected, all | 11 | | materials to be incorporated into any building
constructed or | 12 | | repaired by or under the supervision of the Board.
| 13 | | (Source: P.A. 77-1995 .)
| 14 | | (20 ILCS 3105/10.09-1) | 15 | | Sec. 10.09-1. Certification of Inspection Adoption of | 16 | | building code; enforcement . | 17 | | (a) After July 1, 2011, no person may occupy a newly | 18 | | constructed commercial building in a non-building code | 19 | | jurisdiction until: | 20 | | (1) The property owner or his or her agent has first | 21 | | contracted for the inspection of the building by an | 22 | | inspector who meets the qualifications established by the | 23 | | Board; and |
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| 1 | | (2) The qualified inspector files a certification of | 2 | | inspection with the municipality or county having such | 3 | | jurisdiction over the property indicating that the | 4 | | building meets compliance with the building codes adopted | 5 | | by the Board for non-building code jurisdictions based on | 6 | | the following: | 7 | | (A) The current edition or most recent preceding | 8 | | 2006 or later editions of the following codes developed | 9 | | by the International Code Council: | 10 | | (i) International Building Code; | 11 | | (ii) International Existing Building Code; and | 12 | | (iii) International Property Maintenance Code. | 13 | | (B) The current edition or most recent preceding | 14 | | 2008 or later edition of the National Electrical Code | 15 | | NFPA 70. | 16 | | (b) This Section does not apply to any area in a | 17 | | municipality or county having jurisdiction that has registered | 18 | | its adopted building code with the Board as required by Section | 19 | | 55 of the Illinois Building Commission Act. | 20 | | (c) The qualification requirements of this Section do not | 21 | | apply to building enforcement personnel employed by | 22 | | jurisdictions as defined in subsection (b). | 23 | | (d) For purposes of this Section: | 24 | | "Commercial building" means any building other than a | 25 | | single-family home or a dwelling containing 2 or fewer | 26 | | apartments, condominiums, or townhomes or a farm building as |
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| 1 | | exempted from Section 3 of the Illinois Architecture Practice | 2 | | Act. | 3 | | "Newly constructed commercial building" means any | 4 | | commercial building for which original construction has | 5 | | commenced on or after July 1, 2011. | 6 | | "Non-building code jurisdiction" means any area of the | 7 | | State not subject to a building code imposed by either a county | 8 | | or municipality. | 9 | | "Qualified inspector" means an individual qualified by the | 10 | | State of Illinois, certified by a nationally recognized | 11 | | building official certification organization, qualified by an | 12 | | apprentice program certified by the Bureau of Apprentice | 13 | | Training, or who has filed verification of inspection | 14 | | experience according to rules adopted by the Board for the | 15 | | purposes of conducting inspections in non-building code | 16 | | jurisdictions. | 17 | | (e) New residential construction is exempt from this | 18 | | Section and is defined as any original construction of a | 19 | | single-family home or a dwelling containing 2 or fewer | 20 | | apartments,
condominiums, or townhomes in accordance with the | 21 | | Illinois Residential Building Code Act. | 22 | | (f) Local governments may establish agreements with other | 23 | | governmental entities within the State to issue permits and | 24 | | enforce building codes and may hire third-party providers that | 25 | | are qualified in accordance with this Section to provide | 26 | | inspection services. |
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| 1 | | (g) This Section does not regulate any other statutorily | 2 | | authorized code or regulation administered by State agencies. | 3 | | These include without limitation the Illinois Plumbing Code, | 4 | | the Illinois Environmental Barriers Act, the International | 5 | | Energy Conservation Code, and administrative rules adopted by | 6 | | the Office of the State Fire Marshal. | 7 | | (h) This Section applies beginning July 1, 2011.
| 8 | | (Source: P.A. 96-704, eff. 1-1-10.)
| 9 | | (20 ILCS 3105/12) (from Ch. 127, par. 782)
| 10 | | Sec. 12.
Nothing in this Act shall be construed to include | 11 | | the power to
abrogate those powers vested in the boards of the | 12 | | local public community
college districts and the Illinois | 13 | | Community College Board by the Public
Community College Act, | 14 | | the Board of Trustees of the University of Illinois, The
Board | 15 | | of Trustees of Southern Illinois University,
the Board of | 16 | | Trustees of Chicago State University, the Board of Trustees of
| 17 | | Eastern Illinois University, the Board of Trustees of Governors | 18 | | State
University, the Board of Trustees of Illinois State | 19 | | University, the Board of
Trustees of Northeastern Illinois | 20 | | University, the Board of Trustees of Northern
Illinois | 21 | | University, and the Board of Trustees of Western Illinois | 22 | | University,
hereinafter referred to as Governing
Boards. In the | 23 | | exercise of the powers conferred by law upon the Board and
in | 24 | | the exercise of the powers vested in such Governing Boards, it | 25 | | is hereby
provided that (i) the Board and any such Governing |
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| 1 | | Board may contract with
each other and other parties as to the | 2 | | design and construction of any
project to be constructed for or | 3 | | upon the property of such Governing Board
or any institution | 4 | | under its jurisdiction; (ii) in connection with any such
| 5 | | project, compliance with the provisions of the Illinois | 6 | | Procurement Code Purchasing Act by
either the Board or such | 7 | | Governing Board shall be deemed to be compliance
by the other; | 8 | | (iii) funds appropriated to any such Governing Board may be
| 9 | | expended for any project constructed by the Board for such | 10 | | Governing Board;
(iv) in connection with any such project the | 11 | | architects and engineers
retained for the project and the plans | 12 | | and specifications for the project
must be approved by both the | 13 | | Governing Board and the Board before
undertaking either design | 14 | | or construction of the project, as the case may
be.
| 15 | | (Source: P.A. 89-4, eff. 1-1-96.)
| 16 | | (20 ILCS 3105/9.01a rep.)
| 17 | | (20 ILCS 3105/9.01b rep.)
| 18 | | (20 ILCS 3105/9.01c rep.)
| 19 | | (20 ILCS 3105/9.09 rep.)
| 20 | | (20 ILCS 3105/10.02a rep.)
| 21 | | (20 ILCS 3105/10.02b rep.)
| 22 | | (20 ILCS 3105/18 rep.) | 23 | | Section 10. The Capital Development Board Act is amended by | 24 | | repealing Sections 9.01a, 9.01b, 9.01c, 9.09, 10.02a, 10.02b, | 25 | | and 18. |
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| 1 | | Section 15. The Illinois Procurement Code is amended by | 2 | | changing Sections 1-15.93 and 30-30 as follows: | 3 | | (30 ILCS 500/1-15.93) | 4 | | (Section scheduled to be repealed on January 1, 2020) | 5 | | Sec. 1-15.93. Single prime. "Single prime" means the | 6 | | design-bid-build procurement delivery method for a building | 7 | | construction project in which the Capital Development Board is | 8 | | the construction agency procuring 2 or more subdivisions of | 9 | | work enumerated in paragraphs (1) through (5) of subsection (a) | 10 | | of Section 30-30 of this Code under a single contract. This | 11 | | Section is repealed on January 1, 2021 2020 .
| 12 | | (Source: P.A. 99-257, eff. 8-4-15.)
| 13 | | (30 ILCS 500/30-30)
| 14 | | Sec. 30-30. Design-bid-build construction. | 15 | | (a) The provisions of this subsection are operative through | 16 | | December 31, 2020 2019 . | 17 | | For
building construction contracts in excess of
$250,000, | 18 | | separate specifications may be prepared for all
equipment, | 19 | | labor, and materials in
connection with the following 5 | 20 | | subdivisions of the work to be
performed:
| 21 | | (1) plumbing;
| 22 | | (2) heating, piping, refrigeration, and automatic
| 23 | | temperature control systems,
including the testing and |
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| 1 | | balancing of those systems;
| 2 | | (3) ventilating and distribution systems for
| 3 | | conditioned air, including the testing
and balancing of | 4 | | those systems;
| 5 | | (4) electric wiring; and
| 6 | | (5) general contract work.
| 7 | | The specifications may be so drawn as to permit separate | 8 | | and
independent bidding upon
each of the 5 subdivisions of | 9 | | work. All contracts awarded
for any part thereof may
award the | 10 | | 5 subdivisions of work separately to responsible and
reliable | 11 | | persons, firms, or
corporations engaged in these classes of | 12 | | work. The contracts, at
the discretion of the
construction | 13 | | agency, may be assigned to the successful bidder on
the general | 14 | | contract work or
to the successful bidder on the subdivision of | 15 | | work designated by
the construction agency before
the bidding | 16 | | as the prime subdivision of work, provided that all
payments | 17 | | will be made directly
to the contractors for the 5 subdivisions | 18 | | of work upon compliance
with the conditions of the
contract.
| 19 | | Beginning on the effective date of this amendatory Act of | 20 | | the 101st 99th General Assembly and through December 31, 2020 | 21 | | 2019 , for single prime projects: (i) the bid of the successful | 22 | | low bidder shall identify the name of the subcontractor, if | 23 | | any, and the bid proposal costs for each of the 5 subdivisions | 24 | | of work set forth in this Section; (ii) the contract entered | 25 | | into with the successful bidder shall provide that no | 26 | | identified subcontractor may be terminated without the written |
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| 1 | | consent of the Capital Development Board; (iii) the contract | 2 | | shall comply with the disadvantaged business practices of the | 3 | | Business Enterprise for Minorities, Women, and Persons with | 4 | | Disabilities Act and the equal employment practices of Section | 5 | | 2-105 of the Illinois Human Rights Act; (iv) the Capital | 6 | | Development Board shall submit a quarterly report to the | 7 | | Procurement Policy Board with information on the general scope, | 8 | | project budget, and established Business Enterprise Program | 9 | | goals for any single prime procurement bid in the previous 3 | 10 | | months with a total construction cost valued at $10,000,000 or | 11 | | less; and (iv) (v) the Capital Development Board shall submit | 12 | | an annual report to the General Assembly and Governor on the | 13 | | bidding, award, and performance of all single prime projects. | 14 | | For building construction projects with a total | 15 | | construction cost valued at $5,000,000 or less, the Capital | 16 | | Development Board shall not use the single prime procurement | 17 | | delivery method for more than 50% of the total number of | 18 | | projects bid for each fiscal year. Any project with a total | 19 | | construction cost valued greater than $5,000,000 may be bid | 20 | | using single prime at the discretion of the Executive Director | 21 | | of the Capital Development Board. | 22 | | Beginning on the effective date of this amendatory Act of | 23 | | the 99th General Assembly and through December 31, 2017, the | 24 | | Capital Development Board shall, on a weekly basis: review the | 25 | | projects that have been designed, and approved to bid; and, for | 26 | | every fifth determination to use the single prime procurement |
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| 1 | | delivery method for a project under $10,000,000, submit to the | 2 | | Procurement Policy Board a written notice of its intent to use | 3 | | the single prime method on the project. The notice shall | 4 | | include the reasons for using the single prime method and an | 5 | | explanation of why the use of that method is in the best | 6 | | interest of the State. The Capital Development Board shall post | 7 | | the notice on its online procurement webpage and on the online | 8 | | Procurement Bulletin at least 3 business days following | 9 | | submission. The Procurement Policy Board shall review and | 10 | | provide its decision on the use of the single prime method for | 11 | | every fifth use of the single prime procurement delivery method | 12 | | for a project under $10,000,000 within 7 business days of | 13 | | receipt of the notice from the Capital Development Board. | 14 | | Approval by the Procurement Policy Board shall not be | 15 | | unreasonably withheld and shall be provided unless the | 16 | | Procurement Policy Board finds that the use of the single prime | 17 | | method is not in the best interest of the State. Any decision | 18 | | by the Procurement Policy Board to disapprove the use of the | 19 | | single prime method shall be made in writing to the Capital | 20 | | Development Board, posted on the online Procurement Bulletin, | 21 | | and shall state the reasons why the single prime method was | 22 | | disapproved and why it is not in the best interest of the | 23 | | State. | 24 | | (b) The provisions of this subsection are operative on and | 25 | | after January 1, 2021 2020 .
For building construction contracts | 26 | | in excess of $250,000, separate specifications shall be |
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| 1 | | prepared for all equipment, labor, and materials in connection | 2 | | with the following 5 subdivisions of the work to be performed: | 3 | | (1) plumbing; | 4 | | (2) heating, piping, refrigeration, and automatic | 5 | | temperature control systems, including the testing and | 6 | | balancing of those systems; | 7 | | (3) ventilating and distribution systems for | 8 | | conditioned air, including the testing and balancing of | 9 | | those systems; | 10 | | (4) electric wiring; and | 11 | | (5) general contract work. | 12 | | The specifications must be so drawn as to permit separate | 13 | | and independent bidding upon each of the 5 subdivisions of | 14 | | work. All contracts awarded for any part thereof shall award | 15 | | the 5 subdivisions of work separately to responsible and | 16 | | reliable persons, firms, or corporations engaged in these | 17 | | classes of work. The contracts, at the discretion of the | 18 | | construction agency, may be assigned to the successful bidder | 19 | | on the general contract work or to the successful bidder on the | 20 | | subdivision of work designated by the construction agency | 21 | | before the bidding as the prime subdivision of work, provided | 22 | | that all payments will be made directly to the contractors for | 23 | | the 5 subdivisions of work upon compliance with the conditions | 24 | | of the contract. | 25 | | (Source: P.A. 99-257, eff. 8-4-15; 100-391, eff. 8-25-17.)
| 26 | | Section 99. Effective date. This Act takes effect December |
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| 1 | | 15, 2019.
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INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 3105/3 | from Ch. 127, par. 773 | | 4 | | 20 ILCS 3105/4.03 | from Ch. 127, par. 774.03 | | 5 | | 20 ILCS 3105/4.04 | from Ch. 127, par. 774.04 | | 6 | | 20 ILCS 3105/6 | from Ch. 127, par. 776 | | 7 | | 20 ILCS 3105/7 | from Ch. 127, par. 777 | | 8 | | 20 ILCS 3105/9.02 | from Ch. 127, par. 779.02 | | 9 | | 20 ILCS 3105/9.07 | from Ch. 127, par. 779.07 | | 10 | | 20 ILCS 3105/10.02 | from Ch. 127, par. 780.02 | | 11 | | 20 ILCS 3105/10.03 | from Ch. 127, par. 780.03 | | 12 | | 20 ILCS 3105/10.05 | from Ch. 127, par. 780.05 | | 13 | | 20 ILCS 3105/10.09-1 | | | 14 | | 20 ILCS 3105/12 | from Ch. 127, par. 782 | | 15 | | 20 ILCS 3105/9.01a rep. | | | 16 | | 20 ILCS 3105/9.01b rep. | | | 17 | | 20 ILCS 3105/9.01c rep. | | | 18 | | 20 ILCS 3105/9.09 rep. | | | 19 | | 20 ILCS 3105/10.02a rep. | | | 20 | | 20 ILCS 3105/10.02b rep. | | | 21 | | 20 ILCS 3105/18 rep. | |
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