2005 Illinois Code - 20 ILCS 3105/ Capital Development Board Act. Article I - General Provisions
(20 ILCS 3105/Art. I)
ARTICLE I.
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 Capital Development
Board Act, hereafter referred to as "this Act".
(Source: P. A. 77‑1995.)
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(20 ILCS 3105/1.1) (from Ch. 127, par. 771.1)
Sec. 1.1. Nothing herein applies to the
design, planning, construction, reconstruction, improvement,
and installation of capital facilities within the State
Capitol Building and other areas of the legislative complex, as defined in
Section 8A‑15 of the Legislative Commission Reorganization Act of 1984, which
functions shall be within the
exclusive jurisdiction of the Architect of the Capitol.
(Source: P.A. 93‑632, eff. 2‑1‑04.)
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(20 ILCS 3105/2) (from Ch. 127, par. 772)
Sec. 2.
It is intended that the State of Illinois will utilize the resources of
the private sector of the economy for the design, planning, construction,
reconstruction, improvement, and installation of capital facilities
included within the scope of this Act.
(Source: P. A. 77‑1995.)
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(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
including the Illinois Building Authority, school districts, 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.
"School District" means any school district or special charter
district as defined in Section 1‑3 of "The School Code", approved March
18, 1961, as amended, or any administrative district, or governing board,
of a joint agreement organized under Section 10‑22.31 of the School Code.
(Source: P.A. 93‑205, eff. 1‑1‑04.)
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(20 ILCS 3105/4) (from Ch. 127, par. 774)
Sec. 4.
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.)
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(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
or authorized by the General Assembly.
(Source: P.A. 79‑1098.)
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(20 ILCS 3105/4.02) (from Ch. 127, par. 774.02)
Sec. 4.02.
To conduct continuous studies into the costs of building or otherwise
providing the facilities described in Section 4.01.
(Source: P. A. 77‑1995.)
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(20 ILCS 3105/4.03) (from Ch. 127, par. 774.03)
Sec. 4.03.
To conduct research on improvements in choice and use of materials, energy
systems, including solar energy systems, and in construction methods for
reducing construction costs and operating and maintenance costs of the facilities
described in Section 4.01.
(Source: P.A. 80‑430.)
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(20 ILCS 3105/4.04) (from Ch. 127, par. 774.04)
Sec. 4.04.
To review and recommend periodic revisions in established building
and construction codes to promote public safety, energy efficiency and
economy, including the use of solar energy, and reduce construction
costs and operating and maintenance costs of the facilities described in
Section 4.01.
(Source: P.A. 80‑430.)
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(20 ILCS 3105/4.05) (from Ch. 127, par. 774.05)
Sec. 4.05.
To advise State agencies, and units of local government, on
request, on any matter related to the purpose of this Act and to assist
State agencies in the preparation of their annual long‑range capital expenditure plans.
(Source: P.A. 81‑1094.)
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(20 ILCS 3105/5) (from Ch. 127, par. 775)
Sec. 5.
The Board shall consist of 7 members, no more than 4 of whom may
be of the same political party, all of whom shall be appointed by the
Governor, by and with the consent of the Senate, and one of whom shall be
designated as chairman by the Governor. No person may be appointed as a
member of the Board who is serving as an elected officer for the State or
for any unit of local government within the State.
If the Senate is not in session when the first appointments are made,
the Governor shall make temporary appointments as in the case of a vacancy.
In making the first appointments, the Governor shall designate 2 members to
serve until January, 1974, 2 members to serve until January, 1975, 2
members to serve until January, 1976 and 1 member to serve until January,
1977, or until their successors are appointed and qualified. Their
successors shall be appointed to serve for 4 year terms expiring on the
third Monday in January or until their successors are appointed and
qualified. Any vacancy occurring on the Board, whether by death,
resignation or otherwise, shall be filled by appointment by the Governor in
the same manner as original appointments. A member appointed to fill a
vacancy shall serve for the remainder of the unexpired term or until his
successor is qualified.
(Source: P.A. 87‑776.)
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(20 ILCS 3105/6) (from Ch. 127, par. 776)
Sec. 6.
Members of the Board shall serve without compensation but shall be
reimbursed for their reasonable expenses necessarily incurred in the
performance of their duties and the exercise of their powers under this
Act. Each member shall before entering upon the duties of his office, take
and subscribe the constitutional oath of office and give bond in the penal
sum of $100,000 conditioned upon the faithful performance of his duties.
The oath and bond shall be filed in the office of the Secretary of State.
(Source: P. A. 77‑1995.)
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(20 ILCS 3105/7) (from Ch. 127, par. 777)
Sec. 7.
The Board shall meet at such times and places as is provided for by the
Board or, in the absence of such a provision, on call of the chairman after
at least 5 day's written notice to the members and the request of 2 or more
members. Four members shall constitute a quorum. No vacancy in the
membership shall impair the right of a quorum of the members to exercise
all of the rights and powers, and to perform all of the duties, of the
Board.
(Source: P. A. 77‑1995.)
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(20 ILCS 3105/8) (from Ch. 127, par. 778)
Sec. 8.
The Board may employ and fix the compensation of an executive director,
to serve as the chief executive officer of the Board, and such other agents
or employees as it considers necessary or desirable. Such employment other
than of technical or engineering personnel shall be subject to the
Personnel Code. If any employees are transferred to the Board from any
other State agency, such a transfer shall not affect the status of such
employees under the Personnel Code, under any retirement system under the
Illinois Pension Code, or under any civil service, merit service or other
law relating to State employment.
(Source: P. A. 77‑1995.)
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(20 ILCS 3105/9) (from Ch. 127, par. 779)
Sec. 9.
The Board has the powers enumerated in Sections 9.01 through 9.09.
(Source: P.A. 80‑1200.)
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(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, 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.)
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(20 ILCS 3105/9.01a) (from Ch. 127, par. 779.01a)
Sec. 9.01a.
To exercise the powers and perform the
functions and duties conferred on the Board by Section 14‑11.02
of "The School Code", approved March 18, 1961, as amended.
(Source: P.A. 79‑966.)
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(20 ILCS 3105/9.01b) (from Ch. 127, par. 779.01b)
Sec. 9.01b.
To exercise the powers and perform the functions and duties
conferred on the Board by the "Specialized Living Centers Act", enacted
by the Seventy‑ninth General Assembly, as such Act may be now or
hereafter amended.
(Source: P.A. 79‑966; 79‑970; 79‑1454.)
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(20 ILCS 3105/9.01c) (from Ch. 127, par. 779.01c)
Sec. 9.01c.
To exercise the powers and perform the functions and
duties transferred to and conferred upon the Board by the Asbestos
Abatement Authority Act.
(Source: P.A. 87‑14.)
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(20 ILCS 3105/9.02) (from Ch. 127, par. 779.02)
Sec. 9.02.
To enter into contracts on behalf of the State of Illinois to effectuate
the purposes of this Act, subject to The Illinois Purchasing Act.
(Source: P. A. 77‑1995.)
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(20 ILCS 3105/9.02a) (from Ch. 127, par. 779.02a)
(This Section is scheduled to be repealed on June 30, 2008)
Sec. 9.02a. To charge contract administration
fees used to administer and process the terms of contracts awarded by this
State. Contract administration fees shall not exceed
3% of the contract amount. This Section is repealed June 30,
2008.
(Source: P.A. 93‑32, eff. 7‑1‑03; 93‑827, eff. 7‑28‑04.)
(20 ILCS 3105/9.03) (from Ch. 127, par. 779.03)
Sec. 9.03.
Pursuant to appropriations, to direct disbursements
from the Capital Development Fund, the School Construction Fund,
the Capital Development Board Revolving Fund, or the General
Revenue Fund for the purposes of this Act.
(Source: P.A. 87‑895.)
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(20 ILCS 3105/9.04) (from Ch. 127, par. 779.04)
Sec. 9.04.
To exercise the rights, powers and duties which have been vested in the
School Building Commission by Article 35 of The School Code.
(Source: P. A. 77‑1995.)
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(20 ILCS 3105/9.05) (from Ch. 127, par. 779.05)
Sec. 9.05.
To certify vouchers payable from appropriations to the Board.
(Source: P. A. 77‑1995.)
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(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.)
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(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 Board shall have
jurisdiction, whether or not such contracts shall have been awarded in
accordance with the terms of the Illinois Purchasing Act.
(Source: P. A. 77‑1995.)
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(20 ILCS 3105/9.08) (from Ch. 127, par. 779.08)
Sec. 9.08.
To exercise all other powers necessary or desirable to accomplish the
purposes of this Act and to the performance of its duties under this Act.
(Source: P. A. 77‑1995.)
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(20 ILCS 3105/9.08a) (from Ch. 127, par. 779.08a)
Sec. 9.08a.
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 Article VII of the Code of
Civil Procedure, 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. 91‑239, eff. 1‑1‑00.)
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(20 ILCS 3105/9.08b) (from Ch. 127, par. 779.08b)
Sec. 9.08b.
The Board shall have power to subpoena and bring before it
any person in this State in conjunction with hearings regarding the
suspension of the prequalification of contractors, architects, engineers,
sureties or insurance carriers, and to take testimony either orally or by
deposition, or both, with the same fees and mileage and in the same manner
as prescribed by law in judicial proceedings in civil cases in circuit
courts of this State.
(Source: P.A. 85‑846.)
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(20 ILCS 3105/9.09) (from Ch. 127, par. 779.09)
Sec. 9.09.
Pursuant to appropriation, to make payment of grants authorized
by Section 5‑11 of the Public Community College Act.
(Source: P.A. 80‑1200.)
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(20 ILCS 3105/10) (from Ch. 127, par. 780)
Sec. 10.
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.)
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(20 ILCS 3105/10.01) (from Ch. 127, par. 780.01)
Sec. 10.01.
To exercise the general supervision of the
construction of any capital improvement authorized by the General
Assembly to be financed from the Capital Development Fund, the
School Construction Fund, the General Revenue Fund, any revenue
bonds, or any other fund as authorized by the General Assembly,
but not including capital facilities at non‑profit, non‑public
health service educational institutions, or projects funded from
the General Revenue Fund under $25,000 for the Department of
Corrections where inmate labor is used.
(Source: P.A. 87‑895.)
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(20 ILCS 3105/10.01A) (from Ch. 127, par. 780.01A)
Sec. 10.01A.
(a) To exercise all the powers, functions and duties, as
the successor agency to the Illinois Building Authority, authorized or required
by "An Act to create the Illinois Building Authority and to define its powers
and duties", approved August 15, 1961, as amended.
(b) In addition to the foregoing powers, the Authority shall have the
power (1) to effect net defeasance of all outstanding bonds of the Authority.
The term net defeasance, as used in this Section, means the deposit in escrow
of moneys in an amount sufficient, when added to guaranteed interest earnings
of such funds, to pay all remaining principal and interest until maturity
of all series of bonds outstanding, or (2) in the event net defeasance is
not effected, the Authority is hereby directed to effect gross
defeasance of all outstanding bonds of the Authority as soon as feasible.
The term gross defeasance, as used in this Section means the deposit in
escrow of cash or cash equivalents
in an amount sufficient to pay all remaining principal and interest until
maturity of any or all series of bonds outstanding.
(c) When any such escrow has been established, moneys so deposited will
be invested and reinvested only at the direction of the Treasurer, and all
interest income or profit derived therefrom in excess of the amount needed
for expenses of administration of the escrow, the cost of insurance unless
otherwise provided for, and the amount necessary to pay all remaining principal
and interest until maturity of bonds which are the subject of that escrow
shall be transmitted when earned to the Treasurer, pursuant to directions
from the Treasurer, to be credited to the Public Building Fund.
(d) When all outstanding bonds of the Authority are so defeased, all interest
income or profit derived therefrom in excess of the amount required for
purposes of subparagraph (c) shall be transmitted, when earned, to the
Treasurer. The Treasurer shall transfer quarterly any balance remaining
in the Public Building Fund to the General Revenue Fund.
(Source: P.A. 82‑790.)
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(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, including the life‑cycle cost estimate of energy systems, for
public buildings and improvements to be erected for any State agency.
(Source: P.A. 80‑430.)
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(20 ILCS 3105/10.02a) (from Ch. 127, par. 780.02a)
Sec. 10.02a.
To conduct a study concerning the feasibility of constructing
a professional sports stadium with a seating capacity of not less than 70,000,
to be situated near the Mississippi River within the territory of the Metro
East Mass Transit District created under the Local Mass Transit District
Act; to prepare or consider possible plans for or designs of such a stadium;
to estimate the costs of such construction and the economic return therefrom;
to consider possible sites for such a stadium; and to report its
recommendations and findings to the General Assembly as soon as possible.
(Source: P.A. 84‑591.)
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(20 ILCS 3105/10.02b) (from Ch. 127, par. 780.02b)
Sec. 10.02b.
To conduct, before awarding any contract for the
construction or substantial renovation of any facility to be used by any
State agency, a study concerning the child care needs of the State
employees located, or to be located, at the facility, and the feasibility
of providing child care services at the facility, in accordance
with the State Agency Employees Child Care Services Act, approved September
20, 1985. Such study shall be conducted in conjunction with the Department
of Central Management Services. A study shall be required only when the
number of State employees who shall work in the completed facility is 150
or more.
(Source: P.A. 85‑919.)
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(20 ILCS 3105/10.03) (from Ch. 127, par. 780.03)
Sec. 10.03.
To prepare, or cause to be prepared, such plans, specifications and
other documents as are necessary to the taking and acceptance of bids
and letting of construction contracts and to advertise for bids for such
projects, as required in The Illinois Purchasing Act.
(Source: P.A. 81‑945.)
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(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) On and after the effective date of this amendatory Act of the 94th General Assembly, the Board shall initiate a series of training workshops across the State to increase awareness and understanding of green building techniques and green building rating systems. The workshops shall be designed for relevant State agency staff, construction industry personnel, and other interested parties.
The Board shall identify no less than 3 construction projects to serve as case studies for achieving certification using nationally recognized and accepted green building guidelines, standards, or systems approved by the State. Consideration shall be given for a variety of representative building types in different geographic regions of the State to provide additional information and data related to the green building design and construction process. The Board shall report its findings to the General Assembly following the completion of the case study projects and in no case later than December 31, 2008.
The Board shall establish a Green Building Advisory Committee to assist the Board in determining guidelines for which State construction and major renovation projects should be developed to green building standards. The guidelines should take into account the size and type of buildings, financing considerations, and other appropriate criteria. The guidelines must take effect within 3 years after the effective date of this amendatory Act of the 94th General Assembly and are subject to Board approval or adoption. In addition to using a green building rating system in the building design process, the Committee shall consider the feasibility of requiring certain State construction projects to be certified using a green building rating system.
This subsection (b) of this Section is repealed on January 1, 2009.
(Source: P.A. 94‑573, eff. 1‑1‑06.)
(20 ILCS 3105/10.05) (from Ch. 127, par. 780.05)
Sec. 10.05.
To inspect all materials to be incorporated into any building
constructed or repaired by or under the supervision of the Board.
(Source: P. A. 77‑1995.)
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(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 Board.
(Source: P. A. 77‑1995.)
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(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 Board.
(Source: P. A. 77‑1995.)
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(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 Board.
(Source: P.A. 79‑1098.)
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(20 ILCS 3105/10.09) (from Ch. 127, par. 780.09)
Sec. 10.09.
To recommend to the General Assembly comprehensive building construction
codes and to review and recommend any necessary revisions to existing
codes.
(Source: P. A. 77‑1995.)
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(20 ILCS 3105/10.09‑5)
Sec. 10.09‑5.
Standards for an energy code.
To adopt rules, by January 1,
2004, implementing a statewide energy code for the construction or repair of
State facilities described in Section 4.01. The energy code adopted by the
Board shall incorporate standards promulgated by the American Society of
Heating, Refrigerating and Air‑conditioning Engineers, Inc., (ASHRAE). In
proposing rules, the Board shall consult with the Department of Commerce and
Community Affairs.
(Source: P.A. 93‑190, eff. 7‑14‑03.)
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(20 ILCS 3105/10.10) (from Ch. 127, par. 780.10)
Sec. 10.10.
To establish priorities and schedules for bidding and construction of
projects under its jurisdiction.
(Source: P. A. 77‑1995.)
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(20 ILCS 3105/10.11) (from Ch. 127, par. 780.11)
Sec. 10.11.
To conduct and maintain a continuing space inventory of state capital
facilities to ensure maximum utilization and inter‑agency coordination of
existing facilities.
(Source: P. A. 77‑1995.)
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(20 ILCS 3105/10.12) (from Ch. 127, par. 780.12)
Sec. 10.12.
As a general supervisor, to ensure compliance with the provisions of
the Illinois Human Rights Act as amended.
(Source: P.A. 81‑1216.)
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(20 ILCS 3105/10.13) (from Ch. 127, par. 780.13)
Sec. 10.13.
To defend, indemnify and keep and hold harmless the 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 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 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.)
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(20 ILCS 3105/10.15) (from Ch. 127, par. 780.15)
Sec. 10.15.
To receive, accept, and disburse federal funds provided by
the Federal Government for the State of Illinois, provided that such
monies may be used only if first appropriated by the General Assembly.
(Source: P.A. 80‑1364.)
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(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.)
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(20 ILCS 3105/11) (from Ch. 127, par. 781)
Sec. 11.
(Repealed).
(Source: P.A. 90‑372, eff. 7‑1‑98. Repealed internally, eff. 7‑1‑98.)
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(20 ILCS 3105/12) (from Ch. 127, par. 782)
Sec. 12.
Nothing in this Act shall be construed to include the power to
abrogate those powers vested in the boards of the local public community
college districts and the Illinois Community College Board by the Public
Community College Act, the Board of Trustees of the University of Illinois, The
Board of Trustees of Southern Illinois University,
the Board of Trustees of Chicago State University, the Board of Trustees of
Eastern Illinois University, the Board of Trustees of Governors State
University, the Board of Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of Trustees of Northern
Illinois University, and the Board of Trustees of Western Illinois University,
hereinafter referred to as Governing
Boards. In the exercise of the powers conferred by law upon the Board and
in the exercise of the powers vested in such Governing Boards, it is hereby
provided that (i) the Board and any such Governing Board may contract with
each other and other parties as to the design and construction of any
project to be constructed for or upon the property of such Governing Board
or any institution under its jurisdiction; (ii) in connection with any such
project, compliance with the provisions of the Illinois Purchasing Act by
either the Board or such Governing Board shall be deemed to be compliance
by the other; (iii) funds appropriated to any such Governing Board may be
expended for any project constructed by the Board for such Governing Board;
(iv) in connection with any such project the architects and engineers
retained for the project and the plans and specifications for the project
must be approved by both the Governing Board and the Board before
undertaking either design or construction of the project, as the case may
be.
(Source: P.A. 89‑4, eff. 1‑1‑96.)
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(20 ILCS 3105/13) (from Ch. 127, par. 783)
Sec. 13.
The 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 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 Board
acting through its 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.
This Section shall apply to all regional port district
facilities to be constructed by the 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. 84‑781.)
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(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 our cultural
heritage, 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) Beginning with the fiscal year ending June 30, 1979, and for each
succeeding fiscal year thereafter, 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 designing architect, provided,
however, that 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 Chairman of the Illinois Arts Council or his designee, the
Director of the Illinois State Museum or his designee, and three persons
from the area in which the project is to be located who are familiar with
the local area and are knowledgeable in matters of art. Of the three local
members, two shall be selected by the County Board to the County in which
the project is located and one shall be selected by the Mayor or other chief
executive officer of the municipality in which the project is located.
The Committee, after such study as it deems necessary, shall recommend three
artists or works of art in order of preference, to the Capital Development
Board. The Board will make the final selection from among the recommendations
submitted to it.
(e) There is created a Public Arts Advisory Committee whose function is
to advise the Capital Development Board and the Fine Arts Review Committee
on various technical and aesthetic perceptions that may be utilized in the
creation or major renovation of public buildings. The Public Arts Advisory
Committee shall consist of 12 members who shall serve for terms of 2 years
ending on June 30 of odd numbered years, except the first appointees to
the Committee shall serve for a term ending June 30, 1979. The Public Arts
Advisory Committee shall meet four times each fiscal year. Four members
shall be appointed by the Governor; four shall be chosen by the Senate,
two of whom shall be chosen by the President, two by the minority leader;
and four shall be appointed by the House of Representatives, two of whom
shall be chosen by the Speaker and two by the minority leader. There shall
also be a Chairman who shall be chosen from the committee members by the
majority vote of that Committee.
(f) All necessary expenses of the Public Arts Advisory Committee and the
Fine Arts Review Committee shall be paid by the Capital Development Board.
(Source: P.A. 90‑655, eff. 7‑30‑98.)
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(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 the Board under this Act.
(Source: P.A. 80‑961; 80‑1494.)
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(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, 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 Board that the public interest, |
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safety or welfare requires a summary suspension or modification of a prequalification without hearings.
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(2) The occurrence of an event or series of events
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which, in the 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 Board and an architect, engineer or contractor; and (iv) the failure to comply with State law including, without limitation, the Business Enterprise for Minorities, Females, and Persons with Disabilities Act, the prevailing wage requirements, and the Steel Products Procurement Act.
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(c) If a prequalification is suspended or modified by the 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 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. 92‑16, eff. 6‑28‑01.)
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