Bill Text: IL SB1723 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the State Comptroller Act. Authorizes the Comptroller to issue a replacement warrant on the Warrant Escheat Fund to a person or entity entitled thereto if 5 years but no more than 10 years have passed since the date of the original warrant's issuance. Sets forth requirements for the issuance of replacement warrants under those circumstances. Provides that certain State employee address information shall not be listed on the State employee list maintained by the Comptroller. Repeals a provision that prohibits an employee in the Comptroller's office from being employed by the State, except as a part-time teacher for a State college or university. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2013-08-27 - Public Act . . . . . . . . . 98-0572 [SB1723 Detail]

Download: Illinois-2013-SB1723-Chaptered.html

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Public Act 098-0572
SB1723 Enrolled LRB098 10437 JDS 40649 b
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

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.

(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.)