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Public Act 098-0572 Public Act 0572 98TH GENERAL ASSEMBLY |
Public Act 098-0572 | SB1723 Enrolled | LRB098 10437 JDS 40649 b |
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| 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 Section 14 as follows:
| (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 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, 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
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| 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. 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 Chairperson | Chairman 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. 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 Chairperson of the Illinois Arts Council |
| The Board will make the final selection from among the | recommendations
submitted to it . 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. | 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) The 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 Capital Development Board cannot reach an agreement with | the artist or owner of the work or works of art, then the 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. 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.)
| Section 10. The Illinois Procurement Code is amended by | changing Section 1-10 as follows:
| (30 ILCS 500/1-10)
| Sec. 1-10. Application.
| (a) This Code applies only to procurements for which | contractors were first
solicited on or after July 1, 1998. This | Code shall not be construed to affect
or impair any contract, | or any provision of a contract, entered into based on a
| solicitation prior to the implementation date of this Code as | described in
Article 99, including but not limited to any | covenant entered into with respect
to any revenue bonds or |
| similar instruments.
All procurements for which contracts are | solicited between the effective date
of Articles 50 and 99 and | July 1, 1998 shall be substantially in accordance
with this | Code and its intent.
| (b) This Code shall apply regardless of the source of the | funds with which
the contracts are paid, including federal | assistance moneys.
This Code shall
not apply to:
| (1) Contracts between the State and its political | subdivisions or other
governments, or between State | governmental bodies except as specifically
provided in | this Code.
| (2) Grants, except for the filing requirements of | Section 20-80.
| (3) Purchase of care.
| (4) Hiring of an individual as employee and not as an | independent
contractor, whether pursuant to an employment | code or policy or by contract
directly with that | individual.
| (5) Collective bargaining contracts.
| (6) Purchase of real estate, except that notice of this | type of contract with a value of more than $25,000 must be | published in the Procurement Bulletin within 7 days after | the deed is recorded in the county of jurisdiction. The | notice shall identify the real estate purchased, the names | of all parties to the contract, the value of the contract, | and the effective date of the contract.
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| (7) Contracts necessary to prepare for anticipated | litigation, enforcement
actions, or investigations, | provided
that the chief legal counsel to the Governor shall | give his or her prior
approval when the procuring agency is | one subject to the jurisdiction of the
Governor, and | provided that the chief legal counsel of any other | procuring
entity
subject to this Code shall give his or her | prior approval when the procuring
entity is not one subject | to the jurisdiction of the Governor.
| (8) Contracts for
services to Northern Illinois | University by a person, acting as
an independent | contractor, who is qualified by education, experience, and
| technical ability and is selected by negotiation for the | purpose of providing
non-credit educational service | activities or products by means of specialized
programs | offered by the university.
| (9) Procurement expenditures by the Illinois | Conservation Foundation
when only private funds are used.
| (10) Procurement expenditures by the Illinois Health | Information Exchange Authority involving private funds | from the Health Information Exchange Fund. "Private funds" | means gifts, donations, and private grants. | (11) Public-private agreements entered into according | to the procurement requirements of Section 20 of the | Public-Private Partnerships for Transportation Act and | design-build agreements entered into according to the |
| procurement requirements of Section 25 of the | Public-Private Partnerships for Transportation Act. | (c) This Code does not apply to the electric power | procurement process provided for under Section 1-75 of the | Illinois Power Agency Act and Section 16-111.5 of the Public | Utilities Act. | (d) Except for Section 20-160 and Article 50 of this Code, | and as expressly required by Section 9.1 of the Illinois | Lottery Law, the provisions of this Code do not apply to the | procurement process provided for under Section 9.1 of the | Illinois Lottery Law. | (e) This Code does not apply to the process used by the | Capital Development Board to retain a person or entity to | assist the Capital Development Board with its duties related to | the determination of costs of a clean coal SNG brownfield | facility, as defined by Section 1-10 of the Illinois Power | Agency Act, as required in subsection (h-3) of Section 9-220 of | the Public Utilities Act, including calculating the range of | capital costs, the range of operating and maintenance costs, or | the sequestration costs or monitoring the construction of clean | coal SNG brownfield facility for the full duration of | construction. | (f) This Code does not apply to the process used by the | Illinois Power Agency to retain a mediator to mediate sourcing | agreement disputes between gas utilities and the clean coal SNG | brownfield facility, as defined in Section 1-10 of the Illinois |
| Power Agency Act, as required under subsection (h-1) of Section | 9-220 of the Public Utilities Act. | (g) This Code does not apply to the processes used by the | Illinois Power Agency to retain a mediator to mediate contract | disputes between gas utilities and the clean coal SNG facility | and to retain an expert to assist in the review of contracts | under subsection (h) of Section 9-220 of the Public Utilities | Act. This Code does not apply to the process used by the | Illinois Commerce Commission to retain an expert to assist in | determining the actual incurred costs of the clean coal SNG | facility and the reasonableness of those costs as required | under subsection (h) of Section 9-220 of the Public Utilities | Act. | (h) This Code does not apply to the process to procure or | contracts entered into in accordance with Sections 11-5.2 and | 11-5.3 of the Illinois Public Aid Code. | (i) (h) Each chief procurement officer may access records | necessary to review whether a contract, purchase, or other | expenditure is or is not subject to the provisions of this | Code, unless such records would be subject to attorney-client | privilege. | (j) This Code does not apply to the process used by the | Capital Development Board to retain an artist or work or works | of art as required in Section 14 of the Capital Development | Board Act. | (Source: P.A. 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10; |
| 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11; | 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; 97-895, eff. | 8-3-12; revised 8-23-12.)
| Section 15. The Design-Build
Procurement Act is amended by | changing Sections 25 and 90 as follows: | (30 ILCS 537/25) | (Section scheduled to be repealed on July 1, 2014)
| Sec. 25. Selection committee.
| (a) When the State construction agency elects to use the | design-build
delivery method, it
shall establish a committee to | evaluate and select the design-build entity. The
committee, | under the discretion of the State construction agency, shall | consist
of at least 5 but no more than or
7 members and shall | include at least one licensed design professional and 2
members | of the public. Public
members may not be employed or associated | with any firm holding a contract with
the State construction | agency. Within 30 days of receiving notice, one One public | member shall be nominated by associations representing the | general design or construction industry and one member shall be | nominated by associations that represent minority or | female-owned design or construction industry businesses. If | either group fails to nominate a suitable candidate within the | 30-day period, the State construction agency shall nominate an | appropriate public member. The selection committee may be |
| designated for a set term
or
for the particular project subject | to the request for proposal.
| (b) The members of the selection committee must certify for | each request for
proposal that no conflict of interest exists | between the members and the
design-build entities submitting | proposals. If a conflict is discovered before proposals are | reviewed exists , the member
must
be replaced before any review | of proposals.
| If a conflict is discovered after proposals are reviewed, | the member with the conflict shall be removed and the committee | may continue with only one public member. | If at least 5 members remain, the remaining committee | members may complete the selection process.
| (Source: P.A. 94-716, eff. 12-13-05 .) | (30 ILCS 537/90) | (Section scheduled to be repealed on July 1, 2014)
| Sec. 90. Repealer. This Act is repealed on July 1, 2019 | 2014 .
| (Source: P.A. 96-21, eff. 6-30-09.)
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Effective Date: 1/1/2014
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