2023 Illinois Compiled Statutes › Chapter 20 - EXECUTIVE BRANCH › 20 ILCS 3105/ - Capital Development Board Act. › Article I - General Provisions

(20 ILCS 3105/Art. I)
ARTICLE I.  
		CAPITAL DEVELOPMENT BOARD ACT
(Source: P.A. 77-1995.)
(20 ILCS 3105/1) (from Ch. 127, par. 771)
Sec. 1. 
		
		
		This Act shall be known and may be cited as the Capital Development
Board Act, hereafter referred to as "this Act".
(Source: P.A. 77-1995.)
(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)
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)
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)
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)
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)
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)
Sec. 9.01a. 
		(Repealed).
(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)
Sec. 9.01b. 
		(Repealed).
(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)
Sec. 9.01c. 
		(Repealed).
(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)
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)
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)
Sec. 9.09. 
		(Repealed).
(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)
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)
Sec. 10.02a. 
		(Repealed).
(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)
Sec. 10.02b. 
		(Repealed).
(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)
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)
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)
Sec. 10.09-1. Certification of inspection.
(a) No person may occupy a newly constructed commercial building or a substantially improved commercial building in a non-building code jurisdiction until:
(1) The property owner or property owner's 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 complies with all of the following:
(A) to the extent they do not conflict with the         codes and rules listed in subparagraphs (C) through (F), the current edition or most recent preceding edition of the following codes published by the International Code Council:
(i) the International Building Code,             including Appendix G and excluding Chapters 11, 13, and 29;
(ii) the International Existing Building Code;
(B) to the extent it does not conflict with the         codes and rules listed in subparagraphs (C) through (F), the current edition or most recent preceding edition of the National Electrical Code published by the National Fire Protection Association;
(C) either:
(i) The Energy Efficient Building Code             adopted under Section 15 of the Energy Efficient Building Act; or
(ii) The Illinois Stretch Energy Code adopted             under Section 55 of the Energy Efficient Building Act;
(D) the Illinois Accessibility Code adopted under         Section 4 of the Environmental Barriers Act;
(E) the Illinois Plumbing Code adopted under         Section 35 of the Illinois Plumbing License Law; and
(F) the rules adopted in accordance with Section         9 of the Fire Investigation Act.
(3) Once a building permit is issued, the applicable     requirements that are in effect on January 1 of the calendar year when the building permit was applied for, or, where a building permit is not required, on January 1 of the calendar year when construction begins, shall be the only requirements that apply for the duration of the building permit or construction.
(b) (Blank).
(c) The qualification requirements of this Section do not apply to building enforcement personnel employed by a municipality or county who are acting in their official capacity.
(d) For purposes of this Section:
"Commercial building" means any building other than: (i) a single-family home or a dwelling containing 2 or fewer apartments, condominiums, or townhouses; or (ii) a farm building as exempted from Section 3 of the Illinois Architecture Practice Act of 1989.
"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 in a municipality or county having jurisdiction that: (i) has not adopted a building code; or (ii) is required to but has not identified its adopted building code to the Board under Section 10.18 of the Capital Development Board Act.
"Qualified inspector" means an individual certified as a commercial building inspector by the International Code Council or an equivalent nationally recognized building inspector certification organization, qualified as a construction and building inspector by successful completion of an apprentice program certified by the United States Department of Labor, 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.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before damage occurred.
"Substantially improved commercial building" means, for work commenced on or after January 1, 2025, any commercial building that has undergone any repair, reconstruction, rehabilitation, alteration, addition, or other improvement, the cost of which equals or exceeds 50% of the market value of the structure before the improvement or repair is started. If a commercial building has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. "Substantially improved commercial building" does not include: (i) any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (ii) any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
(e) Except as provided in Section 15 of the Illinois Residential Building Code Act, 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 townhouses.
(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 limit the applicability of any other statutorily authorized code or regulation administered by State agencies. These include without limitation the codes and regulations listed in subparagraphs (C) through (F) of paragraph (2) of subsection (a).
(h) The changes to this Section made by this amendatory Act of the 103rd General Assembly shall apply beginning on January 1, 2025.
(Source: P.A. 102-558, eff. 8-20-21; 103-510, eff. 1-1-24.)
(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.
(a) Any municipality or county adopting a new building code edition must, at least 30 days before the effective date of the building code, identify the model code being adopted, by title and edition, and any local amendments to the Board in writing.
(b)   No later than 180 days after the effective date of this amendatory Act of the 103rd General Assembly, any municipality or county that has adopted and is enforcing a building code must identify the adopted model code, by title and edition, and any local amendments, to the Board in writing.
(c) For each municipality and county subject to this Section, the Board must identify the adopted model code or codes, by title and edition, note if any local amendments were adopted, and identify the date when this information was reported to the Board on the Board's public website.
(d) For the purposes of this Section, "building code" means a model code adopted with or without local amendments to regulate the construction or rehabilitation of structures within the municipality or county. "Building code" does not include any zoning ordinance adopted under Division 13 of Article 11 of the Illinois Municipal Code or Division 5-12 of Article 5 of the Counties Code.
(e) Beginning January 1, 2025, any municipal building code or county building code must:
(1)   regulate the structural design of new     buildings, other than residential buildings, in a manner that is at least as stringent as the baseline building code;
(2)   regulate the structural design of     rehabilitation work in existing buildings, other than residential buildings, in a manner that is at least as stringent as the baseline existing building code; and
(3)   regulate the structural design of residential     buildings in a manner that is at least as stringent as the baseline residential code.
In this subsection:
"Baseline building code" means the edition of the International Building Code, including Appendix G, first published by the International Code Council during the current year or preceding 9 calendar years with the least restrictive provisions for structural design.
"Baseline existing building code" means the edition of the International Existing Building Code first published by the International Code Council during the current year or preceding 9 calendar years with the least restrictive provisions for structural design.
"Baseline residential code" means the edition of the International Residential Code for One- and Two-Family Dwellings first published by the International Code Council during the current year or preceding 9 calendar years with the least restrictive provisions for structural design.
"Residential building" means a single-family home or a dwelling containing 2 or fewer apartments, condominiums, or townhouses.
"Structural design" means the capacity of a newly constructed structure or altered or repaired existing structure, including its foundation, to withstand forces, including, but not limited to, dead loads, live loads, snow loads, wind loads, soil loads and hydrostatic pressure, rain loads, and earthquake loads, and to resist flood damage.
This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(f)   On an annual basis, the Board shall send written notification to the corporate authorities of each municipality and county subject to this Section of their obligations under this Section.
(Source: P.A. 103-510, eff. 1-1-24.)
(20 ILCS 3105/10.19)
Sec. 10.19. Local regulation of remediation, redevelopment, and improvements of inoperable State facilities.
(a) Notwithstanding any other provision of law, an ordinance of a unit of local government may not be enforced against the remediation, redevelopment, or improvement of an inoperable State facility conveyed to a unit of local government for a recreational public purpose if the ordinance prohibits, restricts, or limits the remediation, redevelopment, or improvement of the inoperable State facility for a recreational public purpose. A unit of local government may not require payment of permitting fees or require permit inspections for the remediation, redevelopment, or improvement of an inoperable State facility conveyed to a unit of local government for the purpose of remediation, redevelopment, or improvement for a recreational public purpose.
(b) This Section applies to remediation, redevelopment, or improvement projects that are ongoing on the effective date of this amendatory Act of the 103rd General Assembly and to all projects started on or after the effective date of this amendatory Act of the 103rd General Assembly.
(c) A home rule unit may not regulate remediation, redevelopment, or improvement of an inoperable State facility conveyed to a unit of local government for a recreational public purpose in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 103-573, eff. 12-8-23.)
(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)
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; 102-558, eff. 8-20-21.)
(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)
Sec. 18. (Repealed).
(Source: P.A. 96-896, eff. 5-24-10. Repealed by P.A. 101-369, eff. 12-15-19.)
(20 ILCS 3105/19)
Sec. 19. Access to State building or construction codes.
(a)  The Board shall maintain on its website, accessible from the Illinois State Government website, links to all currently applicable State building codes as provided in the Illinois Administrative Code.
(b)  Every State agency that proposes to adopt new building or construction requirements, or amendments to existing requirements, shall report that proposed activity to the Board. For purposes of this Section, State agency building or construction requirements include, but are not limited to, those affecting general construction, plumbing, electrical, accessibility, fire protection, drinking water, waste water, asbestos, ozone, radon, and any other requirements that the State applies to construction activities.  The report shall be submitted at least 30 days before the State agency officially proposes the changes by filing the First Notice of its rulemaking with the Secretary of State. The report shall include a plain language summary of the proposed changes and the State agency contact to whom comments on the proposal can be made.
(c)  The Board shall provide on its website the information given to it by State agencies under subsection (b) and shall provide a link to the Illinois Register page where the rulemaking is proposed and can be viewed by the interested public.
(d)  When the State agency moves its rulemaking to Second Notice, it shall notify the Board and the Board shall post a notice of this activity on its website and provide a link to the Illinois General Assembly website where the Second Notice version of the rulemaking can be viewed.
(e)  When the State agency adopts a rulemaking creating or amending building or construction rules, it shall notify the Board and the Board shall post a notice of this activity on its website and provide a link to the Illinois Register page where the adoption occurred.
(Source: P.A. 100-711, eff. 8-3-18.)
(20 ILCS 3105/20)
Sec. 20. Hospital and Healthcare Transformation Capital Investment Grant Program.
(a) The Capital Development Board, in coordination with the Department of Healthcare and Family Services, shall establish a Hospital and Healthcare Transformation Capital Investment Grant Program. The Board shall, subject to appropriation, make capital improvement grants to Illinois hospitals licensed under the Hospital Licensing Act and other qualified healthcare providers serving the people of Illinois. The Build Illinois Bond Fund and the Capital Development Fund shall be the sources of funding for the program. Eligible grant recipients shall be hospitals and other healthcare providers that offer facilities and services in a manner that supports and fulfills the mission of the Department of Healthcare and Family Services. Eligible grant recipients have no entitlement to a grant under this Section.
(b) The Capital Development Board, in consultation with the Department of Healthcare and Family Services shall adopt rules to implement this Section and shall create a competitive application procedure for grants to be awarded. The rules shall specify: the manner of applying for grants; grantee eligibility requirements; project eligibility requirements; restrictions on the use of grant moneys; the manner in grantees must account for the use of grant moneys; and any other provision that the Capital Development Board or Department of Healthcare and Family Services determine to be necessary or useful for the administration of this Section. Rules may include a requirement for grantees to provide local matching funds in an amount equal to a certain percentage of the grant.
(c) The Department of Healthcare and Family Services shall establish standards for the determination of priority needs concerning health care transformation based on projects located in communities in the State with the greatest utilization of Medicaid services or underserved communities, including, but not limited to Safety Net Hospitals and Critical Access Hospitals, utilizing data available to  the Department.
(d) Nothing in this Section shall exempt nor relieve any healthcare provider receiving a grant under this Section from any requirement of the Illinois Health Facilities Planning Act.
(e) No portion of a healthcare transformation capital investment program grant awarded under this Section may be used by a hospital or other healthcare provider to pay for any on-going operational costs, pay outstanding debt, or be allocated to an endowment or other invested fund.
(Source: P.A. 101-10, eff. 6-5-19; 101-604, eff. 12-13-19.)