(20 ILCS 3105/Art. I)

(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.)

(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.)

(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.)

(20 ILCS 3105/3) (from Ch. 127, par. 773) (Text of Section before amendment by P.A. 101-369) 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.) (Text of Section after amendment by P.A. 101-369) 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 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. (Source: P.A. 101-369, eff. 12-15-19.)

(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.)

(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.)

(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.)

(20 ILCS 3105/4.03) (from Ch. 127, par. 774.03) (Text of Section before amendment by P.A. 101-369) 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.) (Text of Section after amendment by P.A. 101-369) Sec. 4.03. To conduct research on improvements in choice and use of materials, 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. 101-369, eff. 12-15-19.)

(20 ILCS 3105/4.04) (from Ch. 127, par. 774.04) (Text of Section before amendment by P.A. 101-369) 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.) (Text of Section after amendment by P.A. 101-369) Sec. 4.04. To review and recommend periodic revisions in established building and construction codes to promote public safety, energy efficiency and economy, and reduce construction costs and operating and maintenance costs of the facilities described in Section 4.01. (Source: P.A. 101-369, eff. 12-15-19.)

(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.)

(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. Notwithstanding any provision of law to the contrary, the term of office of each member of the Board is abolished on January 31, 2019. Incumbent members holding a position on the Board on January 30, 2019 may be reappointed. In making appointments to fill the vacancies created on January 31, 2019, the Governor shall designate 2 members to serve until January 31, 2021, 2 members to serve until January 31, 2022, 2 members to serve until January 31, 2023, and one member to serve until January 31, 2024, 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. 100-1189, eff. 4-5-19.)

(20 ILCS 3105/6) (from Ch. 127, par. 776) (Text of Section before amendment by P.A. 101-369) 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.) (Text of Section after amendment by P.A. 101-369) 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 give bond, before entering upon the duties of his or her office, in the penal sum of $100,000 by inclusion in the blanket bond or bonds or the self-insurance program provided for in Section 14.1 and 14.2 of the Official Bond Act. The bond shall be conditioned upon the faithful performance of his or her duties. Each member shall, before entering upon the duties of his or her office, take and subscribe the constitutional oath of office, which shall be filed in the office of the Secretary of State. (Source: P.A. 101-369, eff. 12-15-19.)

(20 ILCS 3105/7) (from Ch. 127, par. 777) (Text of Section before amendment by P.A. 101-369) 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.) (Text of Section after amendment by P.A. 101-369) 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 as prescribed by Board rules. Four members of the Board 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. 101-369, eff. 12-15-19.)

(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.)

(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.)

(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.)

(20 ILCS 3105/9.01a) (from Ch. 127, par. 779.01a) (Section scheduled to be repealed on December 15, 2019) 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. Repealed by P.A. 101-369, eff. 12-15-19.)

(20 ILCS 3105/9.01b) (from Ch. 127, par. 779.01b) (Section scheduled to be repealed on December 15, 2019) 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. 79-1454. Repealed by P.A. 101-369, eff. 12-15-19.)

(20 ILCS 3105/9.01c) (from Ch. 127, par. 779.01c) (Section scheduled to be repealed on December 15, 2019) 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. Repealed by P.A. 101-369, eff. 12-15-19.)

(20 ILCS 3105/9.02) (from Ch. 127, par. 779.02) (Text of Section before amendment by P.A. 101-369) 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.) (Text of Section after amendment by P.A. 101-369) 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 Procurement Code. (Source: P.A. 101-369, eff. 12-15-19.)

(20 ILCS 3105/9.02a) (from Ch. 127, par. 779.02a) 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. Contract administration fees used to administer contracts associated with the legislative complex, as defined in Section 8A-15 of the Legislative Commission Reorganization Act of 1984, shall be deposited into the Capitol Restoration Trust Fund for the use of the Architect of the Capitol in the performance of his or her powers or duties. Notwithstanding the provisions of this Section, or any other provision of law to the contrary, no administration or other fee may be charged for contracts awarded under the Quincy Veterans' Home Rehabilitation and Rebuilding Act. (Source: P.A. 99-523, eff. 6-30-16; 100-610, eff. 7-17-18.)

(20 ILCS 3105/9.02b) Sec. 9.02b. Continuation of Section 9.02a of the Act; validation. (a) The General Assembly finds and declares that:(1) Public Act 97-786, which took effect on July 13,

2012, changed the repeal date set for Section 9.02a of the Capital Development Board Act from June 30, 2012 to June 30, 2016.

(2) The Statute on Statutes sets forth general rules

on the repeal of statutes and the construction of multiple amendments, but Section 1 of that Act also states that these rules will not be observed when the result would be "inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute".

(3) This amendatory Act of the 97th General Assembly

manifests the intention of the General Assembly to extend the repeal of Section 9.02a of the Capital Development Board Act and have Section 9.02a of the Capital Development Board Act continue in effect until June 30, 2016.

(4) Section 9.02a of the Capital Development Board

Act was originally enacted to protect, promote, and preserve the general welfare. Any construction of this Act that results in the repeal of this Act on June 30, 2012 would be inconsistent with the manifest intent of the General Assembly and repugnant to the context of the Capital Development Board Act.

(b) It is hereby declared to have been the intent of the General Assembly that Section 9.02a of the Capital Development Board Act not be subject to repeal on June 30, 2012.(c) Section 9.02a of the Capital Development Board Act shall be deemed to have been in continuous effect since June 30, 1988 (the effective date of Public Act 85-1026), and it shall continue to be in effect henceforward until it is otherwise lawfully repealed. All previously enacted amendments to the Act taking effect on or after June 30, 2012, are hereby validated. (d) All actions taken in reliance on or pursuant to Section 9.02a of the Capital Development Board by the Capital Development Board or any other person or entity are hereby validated.(e) In order to ensure the continuing effectiveness of Section 9.02a of the Capital Development Board Act, it is set forth in full and re-enacted by this amendatory Act of the 97th General Assembly. This re-enactment is intended as a continuation of the Act. It is not intended to supersede any amendment to the Act that is enacted by the 97th General Assembly.(f) Section 9.02a of the Capital Development Board Act applies to all claims, civil actions, and proceedings pending on or filed on or before the effective date of this Act. (Source: P.A. 97-1162, eff. 2-4-13.)

(20 ILCS 3105/9.02c) Sec. 9.02c. Continuation of Section 9.02a; validation. (a) The General Assembly finds and declares that:(1) The Statute on Statutes sets forth general rules

on the repeal of statutes and the construction of multiple amendments, but Section 1 of that Act also states that these rules will not be observed when the result would be "inconsistent with the manifest intent of the General Assembly or repugnant to the context of the statute".

(2) This amendatory Act of the 99th General Assembly

manifests the intention of the General Assembly to eliminate the internal repeal of Section 9.02a of the Capital Development Board Act and have Section 9.02a of the Capital Development Board Act continue in effect.

(3) Section 9.02a of the Capital Development Board

Act was originally enacted to protect, promote, and preserve the general welfare. Any construction of this Act that results in the repeal of this Act on June 30, 2016 would be inconsistent with the manifest intent of the General Assembly and repugnant to the context of the Capital Development Board Act.

(b) It is hereby declared to have been the intent of the General Assembly that Section 9.02a of the Capital Development Board Act not be subject to repeal on June 30, 2016.(c) Section 9.02a of the Capital Development Board Act shall be deemed to have been in continuous effect since June 30, 1988 (the effective date of Public Act 85-1026), and it shall continue to be in effect henceforward until it is otherwise lawfully repealed. All previously enacted amendments to the Act taking effect on or after June 30, 2016 are hereby validated. (d) All actions taken in reliance on or pursuant to Section 9.02a of the Capital Development Board by the Capital Development Board or any other person or entity are hereby validated.(e) To ensure the continuing effectiveness of Section 9.02a of the Capital Development Board Act, it is set forth in full and re-enacted by this amendatory Act of the 99th General Assembly. This re-enactment is intended as a continuation of the Act. It is not intended to supersede any amendment to the Act that is enacted by the 99th General Assembly.(f) Section 9.02a of the Capital Development Board Act applies to all claims, civil actions, and proceedings pending on or filed on or before the effective date of this amendatory Act of the 99th General Assembly. (Source: P.A. 99-523, eff. 6-30-16.)

(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.)

(20 ILCS 3105/9.04) Sec. 9.04. (Repealed). (Source: P.A. 77-1995. Repealed by P.A. 94-1105, eff. 6-1-07.)

(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.)

(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.)

(20 ILCS 3105/9.07) (from Ch. 127, par. 779.07) (Text of Section before amendment by P.A. 101-369) 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.) (Text of Section after amendment by P.A. 101-369) 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 Procurement Code. (Source: P.A. 101-369, eff. 12-15-19.)

(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.)

(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 the Eminent Domain Act, 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. 94-1055, eff. 1-1-07.)

(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.)

(20 ILCS 3105/9.08c) Sec. 9.08c. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act. (Source: P.A. 94-1055, eff. 1-1-07.)

(20 ILCS 3105/9.09) (from Ch. 127, par. 779.09) (Section scheduled to be repealed on December 15, 2019) 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. Repealed by P.A. 101-369, eff. 12-15-19.)

(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.)

(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.)

(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.)

(20 ILCS 3105/10.02) (from Ch. 127, par. 780.02) (Text of Section before amendment by P.A. 101-369) 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.) (Text of Section after amendment by P.A. 101-369) Sec. 10.02. To prepare, or cause to be prepared, general plans, drawings and estimates for public buildings and improvements to be erected for any State agency. (Source: P.A. 101-369, eff. 12-15-19.)

(20 ILCS 3105/10.02a) (from Ch. 127, par. 780.02a) (Section scheduled to be repealed on December 15, 2019) 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. Repealed by P.A. 101-369, eff. 12-15-19.)

(20 ILCS 3105/10.02b) (from Ch. 127, par. 780.02b) (Section scheduled to be repealed on December 15, 2019) 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. Repealed by P.A. 101-369, eff. 12-15-19.)

(20 ILCS 3105/10.03) (from Ch. 127, par. 780.03) (Text of Section before amendment by P.A. 101-369) 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.) (Text of Section after amendment by P.A. 101-369) 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 Procurement Code. (Source: P.A. 101-369, eff. 12-15-19.)

(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) (Repealed by Public Act 94-573). (Source: P.A. 96-1000, eff. 7-2-10.)

(20 ILCS 3105/10.05) (from Ch. 127, par. 780.05) (Text of Section before amendment by P.A. 101-369) 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.) (Text of Section after amendment by P.A. 101-369) Sec. 10.05. To inspect, or cause to be inspected, materials to be incorporated into any building constructed or repaired by or under the supervision of the Board. (Source: P.A. 101-369, eff. 12-15-19.)

(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.)

(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.)

(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.)

(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.)

(20 ILCS 3105/10.09-1) (Text of Section before amendment by P.A. 101-369)Sec. 10.09-1. Adoption of building code; enforcement.(a) After July 1, 2011, no person may occupy a newly constructed commercial building in a non-building code jurisdiction until:(1) The property owner or his or her agent has first

contracted for the inspection of the building by an inspector who meets the qualifications established by the Board; and

(2) The qualified inspector files a certification of

inspection with the municipality or county having such jurisdiction over the property indicating that the building meets compliance with the building codes adopted by the Board for non-building code jurisdictions based on the following:

(A) The 2006 or later editions of the following

codes developed by the International Code Council:

(i) International Building Code;(ii) International Existing Building Code; and(iii) International Property Maintenance Code.(B) The 2008 or later edition of the National

Electrical Code NFPA 70.

(b) This Section does not apply to any area in a municipality or county having jurisdiction that has registered its adopted building code with the Board as required by Section 55 of the Illinois Building Commission Act.(c) The qualification requirements of this Section do not apply to building enforcement personnel employed by jurisdictions as defined in subsection (b).(d) For purposes of this Section:"Commercial building" means any building other than a single-family home or a dwelling containing 2 or fewer apartments, condominiums, or townhomes or a farm building as exempted from Section 3 of the Illinois Architecture Practice Act."Newly constructed commercial building" means any commercial building for which original construction has commenced on or after July 1, 2011."Non-building code jurisdiction" means any area of the State not subject to a building code imposed by either a county or municipality."Qualified inspector" means an individual qualified by the State of Illinois, certified by a nationally recognized building official certification organization, qualified by an apprentice program certified by the Bureau of Apprentice Training, or who has filed verification of inspection experience according to rules adopted by the Board for the purposes of conducting inspections in non-building code jurisdictions.(e) New residential construction is exempt from this Section and is defined as any original construction of a single-family home or a dwelling containing 2 or fewer apartments, condominiums, or townhomes in accordance with the Illinois Residential Building Code Act.(f) Local governments may establish agreements with other governmental entities within the State to issue permits and enforce building codes and may hire third-party providers that are qualified in accordance with this Section to provide inspection services.(g) This Section does not regulate any other statutorily authorized code or regulation administered by State agencies. These include without limitation the Illinois Plumbing Code, the Illinois Environmental Barriers Act, the International Energy Conservation Code, and administrative rules adopted by the Office of the State Fire Marshal.(h) This Section applies beginning July 1, 2011. (Source: P.A. 96-704, eff. 1-1-10.) (Text of Section after amendment by P.A. 101-369)Sec. 10.09-1. Certification of inspection.(a) After July 1, 2011, no person may occupy a newly constructed commercial building in a non-building code jurisdiction until:(1) The property owner or his or her agent has first

contracted for the inspection of the building by an inspector who meets the qualifications established by the Board; and

(2) The qualified inspector files a certification of

inspection with the municipality or county having such jurisdiction over the property indicating that the building meets compliance with the building codes adopted by the Board for non-building code jurisdictions based on the following:

(A) The current edition or most recent preceding

editions of the following codes developed by the International Code Council:

(i) International Building Code;(ii) International Existing Building Code; and(B) The current edition or most recent preceding

edition of the National Electrical Code NFPA 70.

(b) This Section does not apply to any area in a municipality or county having jurisdiction that has registered its adopted building code with the Board as required by Section 55 of the Illinois Building Commission Act.(c) The qualification requirements of this Section do not apply to building enforcement personnel employed by jurisdictions as defined in subsection (b).(d) For purposes of this Section:"Commercial building" means any building other than a single-family home or a dwelling containing 2 or fewer apartments, condominiums, or townhomes or a farm building as exempted from Section 3 of the Illinois Architecture Practice Act."Newly constructed commercial building" means any commercial building for which original construction has commenced on or after July 1, 2011."Non-building code jurisdiction" means any area of the State not subject to a building code imposed by either a county or municipality."Qualified inspector" means an individual qualified by the State of Illinois, certified by a nationally recognized building official certification organization, qualified by an apprentice program certified by the Bureau of Apprentice Training, or who has filed verification of inspection experience according to rules adopted by the Board for the purposes of conducting inspections in non-building code jurisdictions.(e) New residential construction is exempt from this Section and is defined as any original construction of a single-family home or a dwelling containing 2 or fewer apartments, condominiums, or townhomes in accordance with the Illinois Residential Building Code Act.(f) Local governments may establish agreements with other governmental entities within the State to issue permits and enforce building codes and may hire third-party providers that are qualified in accordance with this Section to provide inspection services.(g) This Section does not regulate any other statutorily authorized code or regulation administered by State agencies. These include without limitation the Illinois Plumbing Code, the Illinois Environmental Barriers Act, the International Energy Conservation Code, and administrative rules adopted by the Office of the State Fire Marshal.(h) This Section applies beginning July 1, 2011. (Source: P.A. 101-369, eff. 12-15-19.)

(20 ILCS 3105/10.09-5) Sec. 10.09-5. (Repealed). (Source: P.A. 94-815, eff. 5-26-06. Repealed by P.A. 100-729, eff. 8-3-18.)

(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.)

(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.)

(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.)

(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.)

(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.)

(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.)

(20 ILCS 3105/10.17) Sec. 10.17. Use of Illinois resident labor. To the extent permitted by any applicable federal law or regulation, for all work performed for State construction projects which are funded in whole or in part by a capital infrastructure bill enacted by the 96th General Assembly by sums appropriated to the Capital Development Board, at least 50% of the total labor hours must be performed by actual residents of the State of Illinois. For purposes of this Section, "actual residents of the State of Illinois" means persons domiciled in the State of Illinois. The Department of Labor shall promulgate rules providing for the enforcement of this Section. (Source: P.A. 96-37, eff. 7-13-09.)

(20 ILCS 3105/10.18) Sec. 10.18. Identification of local building codes. All municipalities with a population of less than 1,000,000 or a county adopting a new building code or amending an existing building code must, at least 30 days before adopting the code or amendment, provide an identification of the code, by title and edition, or the amendment to the Capital Development Board. The Capital Development Board must identify the proposed code, by the title and edition, and note if any amendments were made to the public on the Capital Development Board website.For the purposes of this Section, "building code" means a model building code regulating the construction and maintenance of structures within the municipality or county. (Source: P.A. 99-639, eff. 7-28-16.)

(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.)

(20 ILCS 3105/12) (from Ch. 127, par. 782) (Text of Section before amendment by P.A. 101-369) 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.) (Text of Section after amendment by P.A. 101-369) 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 Procurement Code 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. 101-369, eff. 12-15-19.)

(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. For any contract entered into under this Section, if, for a period of 25 years, a regional port district has not been required to remit any amount because the regional port district has failed to achieve the required level of profit, then the regional port district shall not be required to remit any amount under the contract. 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. 100-546, eff. 11-8-17.)

(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, 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. (d) There is created a Fine Arts Review Committee consisting of the designing architect, the Chairperson 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. The Committee, after such study as it deems necessary, shall recommend three artists or works of art in order of preference. The Chairperson of the Illinois Arts Council will make the final selection from among the recommendations submitted. 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. (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. (Source: P.A. 98-572, eff. 1-1-14; 98-756, eff. 7-16-14.)

(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.)

(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,

safety or welfare requires a summary suspension or modification of a prequalification without hearings.

(2) The occurrence of an event or series of events

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, Women, and Persons with Disabilities Act, the prevailing wage requirements, and the Steel Products Procurement Act.

(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. 100-391, eff. 8-25-17.)

(20 ILCS 3105/17) Sec. 17. Historic area preference.(a) The State of Illinois shall give preference to locating its facilities, whenever operationally appropriate and economically feasible, in historic properties and buildings located within government recognized historic districts or central business districts designated as such by a local or regional planning agency.When making a determination that a project is operationally appropriate and economically feasible, the following shall also be taken into consideration:(1) Need for geographic diversity to service a

clientele population.

(2) Promoting regional and local economic development.(3) Availability of space in historic buildings,

districts, and central business districts.

(4) Cost of available space.(5) Proximity of public transportation and affordable

housing.

(6) Public safety.(b) The following State facilities are exempted from the requirements of this Section:(1) Correctional facilities.(2) Facilities owned or used by any public university

or college.

(3) State parks, nature areas, and similar facilities.(4) State highways and roads and supporting

facilities.

(5) New buildings that support the function or

operation of an existing facility or campus.

This Section shall not apply to any facilities occupied by the State of Illinois prior to the effective date of this amendatory Act of the 95th General Assembly or to any project for which a lease or construction contract is in effect as of the effective date of this amendatory Act of the 95th General Assembly. (Source: P.A. 95-101, eff. 8-13-07.)

(20 ILCS 3105/18) (Section scheduled to be repealed on December 15, 2019)Sec. 18. Study; building energy labels.(a) On and after the effective date of this amendatory Act of the 96th General Assembly, the Board, in consultation with the Department of Commerce and Economic Opportunity, shall initiate a study of building energy performance measures for the purposes of identifying a simple and easily understood label for a building or facility that indicates its energy use.(b) The Board shall identify no less than 10 buildings to serve as case studies for measuring, reporting, and comparing the energy consumption using widely recognized and accepted indicators such as British Thermal Units per square foot. Consideration shall be given for a variety of representative building types in different geographic regions of the State to provide additional information and data. The Board shall use existing reports and data from the Illinois Energy Efficiency Committee created by Executive Order 2009-07, the Commercial Buildings Energy Consumption Survey, the Residential Energy Consumption Survey, and other available sources.(c) The Board shall report its findings and recommendations to the General Assembly by July 1, 2012. (Source: P.A. 96-896, eff. 5-24-10. Repealed by P.A. 101-369, eff. 12-15-19.)