Bill Text: IL SB2120 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Capital Development Board Act. Removes specific references to the Illinois Building Authority and school districts in the definition of State agency. Removes specific references to research on solar energy systems. Provides that members of the Capital Development Board may give bond by inclusion in the blanket bond or bonds or the self-insurance program provided for in the Official Bond Act. Provides that the time for Capital Development Board meetings shall be as prescribed by Capital Development Board rules. Provides that purchases under the Act are subject to the Illinois Procurement Code. Effective January 1, 2020.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0369 [SB2120 Detail]

Download: Illinois-2019-SB2120-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB2120 Introduced 2/15/2019, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
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Amends the Capital Development Board Act. Removes specific references to the Illinois Building Authority and school districts in the definition of State agency. Removes specific references to research on solar energy systems. Provides that members of the Capital Development Board may give bond by inclusion in the blanket bond or bonds or the self-insurance program provided for in the Official Bond Act. Provides that the time for Capital Development Board meetings shall be as prescribed by Capital Development Board rules. Provides that purchases under the Act are subject to the Illinois Procurement Code. Effective January 1, 2020.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 Sections 3, 4.03, 4.04, 6, 7, 9.02, 9.07, 10.02,
10.03, 10.05, 10.09-1, and 12 as follows:
(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

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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.)
(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.)
(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 3105/6) (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 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. 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.)
(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 as prescribed by Board rules
after at least 5 day's written notice to the members and the

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request of 2 or more members. 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. 77-1995.)
(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 Procurement Code Purchasing Act.
(Source: P.A. 77-1995.)
(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 Procurement Code Purchasing Act.
(Source: P.A. 77-1995.)
(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.

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(Source: P.A. 80-430.)
(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 Procurement Code Purchasing Act.
(Source: P.A. 81-945.)
(20 ILCS 3105/10.05) (from Ch. 127, par. 780.05)
Sec. 10.05. To inspect, or cause to be inspected, all
materials to be incorporated into any building constructed or
repaired by or under the supervision of the Board.
(Source: P.A. 77-1995.)
(20 ILCS 3105/10.09-1)
Sec. 10.09-1. Certification of Inspection 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

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(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
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 current edition or most recent preceding
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

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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.

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(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.)
(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

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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 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.)
(20 ILCS 3105/9.01a rep.)
(20 ILCS 3105/9.01b rep.)
(20 ILCS 3105/9.01c rep.)
(20 ILCS 3105/9.09 rep.)
(20 ILCS 3105/10.02a rep.)
(20 ILCS 3105/10.02b rep.)
(20 ILCS 3105/18 rep.)
Section 10. The Capital Development Board Act is amended by
repealing Sections 9.01a, 9.01b, 9.01c, 9.09, 10.02a, 10.02b,
and 18.

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Section 99. Effective date. This Act takes effect January
1, 2020.
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INDEX
Statutes amended in order of appearance