HB 3407

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Full Text of HB3407
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	HB3407 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3407
Introduced 2/18/2025, by Rep. Jeff Keicher
SYNOPSIS AS INTRODUCED:
See Index
Amends the Capital Development Board Act. Changes the name of the Act to the State Agency Construction Act. Repeals provisions concerning the Capital Development Board Act. Provides that State agency's shall perform the functions that were previously performed by the Capital Development Board Act. Makes conforming changes. Amends the State Finance Act to make a conforming change. Effective January 1, 2029.
LRB104 05879 SPS 15910 b
A BILL FOR
		HB3407		LRB104 05879 SPS 15910 b
1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Capital Development Board Act is amended by
5changing the heading of Article I and Sections 1, 3, 4, 4.01,
69, 9.01, 9.05, 9.06, 9.07, 9.08a, 10, 10.02, 10.04, 10.05,
710.06, 10.07, 10.08, 10.13, 10.16, 13, 14, 15, 16, and 25 as
8follows:
9    (20 ILCS 3105/Art. I heading)
10ARTICLE I.  STATE AGENCY CONSTRUCTION ACT   [CAPITAL DEVELOPMENT ]
11[BOARD ACT]
12(Source: P.A. 77-1995.)
13    (20 ILCS 3105/1)  (from Ch. 127, par. 771)
14    Sec. 1. This Act shall be known and may be cited as the
15State Agency Construction Act [Capital Development Board Act],
16hereafter referred to as "this Act".
17(Source: P.A. 77-1995.)
18    (20 ILCS 3105/3)  (from Ch. 127, par. 773)
19    Sec. 3. As used in this Act, unless the context otherwise
20requires:
21    ["Board" means the Capital Development Board.]
		HB3407	- 2 -	LRB104 05879 SPS 15910 b
1    "State agency" means and includes each officer,
2department, board, commission, institution, body politic and
3corporate of the State and any other person expending or
4encumbering State or federal funds by virtue of an
5appropriation or other authorization by the General Assembly
6or federal authorization or grant. Except as otherwise
7expressly authorized by the General Assembly, the term does
8not include the Department of Transportation, the Department
9of Natural Resources, or Environmental Protection Agency,
10except as respects buildings used by the Department or Agency
11for its officers, employees, or equipment, or any of them, and
12for capital improvements related to such buildings. Nor does
13the term include the Illinois Housing Development Authority,
14the Illinois Finance Authority or the St. Louis Metropolitan
15Area Airport Authority.
16(Source: P.A. 101-369, eff. 12-15-19.)
17    (20 ILCS 3105/4)  (from Ch. 127, par. 774)
18    Sec. 4. Powers of State agencies.Each State agency may 
19exercise the powers described [There is created the Capital ]
20[Development Board. The purposes of the Board are as described]
21in Sections 4.01 through 4.05.
22(Source: P.A. 77-1995.)
23    (20 ILCS 3105/4.01)  (from Ch. 127, par. 774.01)
24    Sec. 4.01. To build or otherwise provide hospital,
		HB3407	- 3 -	LRB104 05879 SPS 15910 b
1housing, penitentiary, administrative, recreational,
2educational, laboratory, parking, environmental equipment and
3other capital improvements for which money has been
4appropriated to or authorized for the State agency by the
5General Assembly.
6(Source: P.A. 79-1098.)
7    (20 ILCS 3105/9)  (from Ch. 127, par. 779)
8    Sec. 9. Each State agency [The Board] has the powers
9enumerated in Sections 9.01 through 9.09.
10(Source: P.A. 80-1200.)
11    (20 ILCS 3105/9.01)  (from Ch. 127, par. 779.01)
12    Sec. 9.01. To provide for the acquisition, planning,
13construction, reconstruction, improvement and installation of
14capital facilities for which it has received an appropriation 
15of funds, consisting of buildings, structures and equipment
16and for the acquisition and improvement of real property and
17interest in real property required, or expected to be
18required, in connection therewith and for the acquisition,
19protection and development of land within the State of
20Illinois for open spaces, recreational and conservation
21purposes[, as authorized by the General Assembly by ]
22[appropriations from the Capital Development Fund, the School ]
23[Construction Fund, General Revenue Fund, other funds, or ]
24[revenue bonds, but not including capital facilities provided ]
		HB3407	- 4 -	LRB104 05879 SPS 15910 b
1[entirely by local community college district or local school ]
2[district funds or capital facilities at non-profit, non-public ]
3[health service educational institutions].
4(Source: P.A. 87-895.)
5    (20 ILCS 3105/9.05)  (from Ch. 127, par. 779.05)
6    Sec. 9.05. To certify vouchers payable from appropriations
7to the State agency [Board].
8(Source: P.A. 77-1995.)
9    (20 ILCS 3105/9.06)  (from Ch. 127, par. 779.06)
10    Sec. 9.06. To establish rules and regulations governing
11the acquisition, planning, construction, reconstruction,
12improvement and installation of capital facilities as defined
13in Section 9.01 of this Act. [The Board may require any State ]
14[agency to submit information deemed necessary for the Board to ]
15[fulfill its responsibilities under this Act, and may prescribe ]
16[the form of such report.]
17(Source: P.A. 77-1995.)
18    (20 ILCS 3105/9.07)  (from Ch. 127, par. 779.07)
19    Sec. 9.07. To accept assignment of contracts entered into
20by other State agencies for construction services on projects
21over which the State agency [Board] shall have jurisdiction,
22whether or not such contracts shall have been awarded in
23accordance with the terms of the Illinois Procurement Code.
		HB3407	- 5 -	LRB104 05879 SPS 15910 b
1(Source: P.A. 101-369, eff. 12-15-19.)
2    (20 ILCS 3105/9.08a)  (from Ch. 127, par. 779.08a)
3    Sec. 9.08a. Each State agency [The Capital Development ]
4[Board] is authorized, with the consent in writing of the
5Director of Central Management Services and of the Governor,
6to acquire by condemnation in the manner provided for the
7exercise of the power of eminent domain under the Eminent
8Domain Act, all lands, buildings and grounds for which an
9appropriation may be made by the General Assembly, other than
10those acquired by those agencies specified under Section 5-675
11of the Departments of State Government Law (20 ILCS 5/5-675).
12(Source: P.A. 94-1055, eff. 1-1-07.)
13    (20 ILCS 3105/10)  (from Ch. 127, par. 780)
14    Sec. 10. Each State agency also [The Board] has the duties
15and responsibilities enumerated in Sections 10.01 through
1610.20.
17(Source: P.A. 80-380; 80-381; 80-1130; 80-1364.)
18    (20 ILCS 3105/10.02)  (from Ch. 127, par. 780.02)
19    Sec. 10.02. To prepare, or cause to be prepared, general
20plans, drawings and estimates for public buildings and
21improvements to be erected for any State agency.
22(Source: P.A. 101-369, eff. 12-15-19.)
		HB3407	- 6 -	LRB104 05879 SPS 15910 b
1    (20 ILCS 3105/10.04)  (from Ch. 127, par. 780.04)
2    Sec. 10.04. Construction and repair of buildings; green
3building.
4    (a) To construct and repair, or contract for and supervise
5the construction and repair of, buildings under the control of
6or for the use of any State agency, as authorized by the
7General Assembly. To the maximum extent feasible, any
8construction or repair work shall utilize the best available
9technologies for minimizing building energy costs as
10determined through consultation with the Department of
11Commerce and Economic Opportunity.
12    (b) (Repealed by Public Act 94-573).
13(Source: P.A. 96-1000, eff. 7-2-10.)
14    (20 ILCS 3105/10.05)  (from Ch. 127, par. 780.05)
15    Sec. 10.05. To inspect, or cause to be inspected,
16materials to be incorporated into any building constructed or
17repaired by or under the supervision of the State agency
18[Board].
19(Source: P.A. 101-369, eff. 12-15-19.)
20    (20 ILCS 3105/10.06)  (from Ch. 127, par. 780.06)
21    Sec. 10.06. To enter into contracts for construction
22management or supervision on all projects constructed by or
23under the supervision of the State agency [Board].
24(Source: P.A. 77-1995.)
		HB3407	- 7 -	LRB104 05879 SPS 15910 b
1    (20 ILCS 3105/10.07)  (from Ch. 127, par. 780.07)
2    Sec. 10.07. To enter into contracts for professional
3services for planning, testing, design or consulting on all
4projects constructed by or under the supervision of the State 
5agency [Board].
6(Source: P.A. 77-1995.)
7    (20 ILCS 3105/10.08)  (from Ch. 127, par. 780.08)
8    Sec. 10.08. To prepare, or cause to be prepared,
9comprehensive plans for the development of real property
10involving any project to be constructed by or to be supervised
11by the State agency [Board].
12(Source: P.A. 79-1098.)
13    (20 ILCS 3105/10.13)  (from Ch. 127, par. 780.13)
14    Sec. 10.13. To defend, indemnify and keep and hold
15harmless the State agency [members of the Board] and its
16employees against suits, claims, damages, losses and expenses
17arising out of any act or failure to act for which they may be
18liable while acting within the scope of employment. The State 
19agency [Board] may obtain insurance, if available, affording
20coverage for such suits, claims, damages, losses and expenses
21and the defense thereof. Such insurance shall be carried in a
22company licensed to write such coverage in this State.
23    Such protection shall extend to the State agency [persons ]
		HB3407	- 8 -	LRB104 05879 SPS 15910 b
1[who were members of the Board] or its employees at the time of
2the incident giving rise to the suit, claim, damage, loss or
3expense if that incident occurred on or after July 10, 1972.
4(Source: P.A. 79-1479.)
5    (20 ILCS 3105/10.16)  (from Ch. 127, par. 780.16)
6    Sec. 10.16. In the case of capital facilities for
7community colleges, the board of the community college
8district shall select the site, subject to the approval of the
9Illinois Community College Board; and the board of the local
10common school district shall select the site in the case of
11capital facilities for local common schools. [The Capital ]
12[Development Board may, however, disapprove any site selected ]
13[either by the board of the community college district or the ]
14[board of the common school district if the Capital Development ]
15[Board determines that the site does not meet its minimum ]
16[engineering and construction standards.]
17(Source: P.A. 80-1364.)
18    (20 ILCS 3105/13)  (from Ch. 127, par. 783)
19    Sec. 13. The Department of Transportation [Board] may
20provide cargo handling facilities and facilities designed for
21the movement of cargo to or from cargo handling facilities for
22the use of regional port districts. Pursuant to appropriations
23setting forth specific projects and regional port districts,
24the Department of Transportation [Board] shall contract with the
		HB3407	- 9 -	LRB104 05879 SPS 15910 b
1regional port district named in the Act making the
2appropriation for cargo handling facilities. Such contract
3shall provide that the regional port district shall remit to
4the State of Illinois an amount equal to not more than 20% of
5the gross receipts attributable to those facilities, and not
6less than 20% of the profit attributable to those facilities,
7whether collected by the regional port district or through an
8operator or other intermediary, until the full amount
9appropriated and expended by the State of Illinois has been
10remitted to the State. The exact amount of, the manner of, the
11method of and the time for such remittances shall be agreed
12upon by the particular port district and the Department of 
13Transportation [Board] acting through its Secretary [Executive ]
14[Director], and such agreement may, from time to time, be
15amended by the parties so as to alter or modify the amount of,
16manner of, method of and time for the remittance, including,
17but not limited to, the temporary forgiveness, suspension or
18delay of the remittances not to exceed 24 months for any single
19suspension or delay. The payback is subordinate solely to any
20outstanding public bond agreements existing at the time of the
21contract and solely for the period of time of the running of
22those bond agreements. For any contract entered into under
23this Section, if, for a period of 25 years, a regional port
24district has not been required to remit any amount because the
25regional port district has failed to achieve the required
26level of profit, then the regional port district shall not be
		HB3407	- 10 -	LRB104 05879 SPS 15910 b
1required to remit any amount under the contract.
2    This Section shall apply to all regional port district
3facilities to be constructed by the Department of 
4Transportation [Board], including projects for which
5appropriations or reappropriations have been made prior to
6June 30, 1976, and to all contracts existing prior to the
7effective date of this amendatory Act of 1985 as well as
8contracts entered into on or after such date.
9(Source: P.A. 100-546, eff. 11-8-17.)
10    (20 ILCS 3105/14)  (from Ch. 127, par. 783.01)
11    Sec. 14. (a) It is the purpose of this Act to provide for
12the promotion and preservation of the arts by securing
13suitable works of art for the adornment of public buildings
14constructed or subjected to major renovation by the State or
15which utilize State funds, and thereby reflecting the diverse
16cultural heritage of Illinois, with emphasis on the works of
17Illinois artists.
18    (b) As used in this Act, "works of art" shall apply to and
19include paintings, prints, sculptures, graphics, mural
20decorations, stained glass, statues, bas reliefs, ornaments,
21fountains, ornamental gateways, or other creative works which
22reflect form, beauty and aesthetic perceptions.
23    (c) A State agency [Beginning with the fiscal year ending ]
24[June 30, 1979, and for each succeeding fiscal year thereafter, ]
25[for construction projects managed by the Capital Development ]
		HB3407	- 11 -	LRB104 05879 SPS 15910 b
1[Board, the Capital Development Board] shall set aside 1/2 of 1
2percent of the amount authorized and appropriated for
3construction or reconstruction of each public building
4financed in whole or in part by State funds and generally
5accessible to and used by the public for purchase and
6placement of suitable works of art in such public buildings.
7The location and character of the work or works of art to be
8installed in such public buildings shall be determined by the
9Chairperson of the Illinois Arts Council, in consultation with
10the designing architect. The work or works of art shall be in a
11permanent and prominent location.
12    (d) There is created a Fine Arts Review Committee
13consisting of the designing architect, the Chairperson of the
14Illinois Arts Council or his or her designee, who shall serve
15as the chair of the Committee, the Director of the Illinois
16State Museum or his or her designee, and a representative of
17the using agency. The Committee, after such study as it deems
18necessary, shall recommend three artists or works of art in
19order of preference. The Chairperson of the Illinois Arts
20Council will make the final selection from among the
21recommendations submitted. The Illinois Arts Council shall
22provide administrative support for the Fine Arts Review
23Committee and may promulgate rules to implement this
24subsection.
25    (e) Subsection (c) does not apply to construction projects
26for which the amount appropriated is less than $1,000,000.
		HB3407	- 12 -	LRB104 05879 SPS 15910 b
1    (f) The State agency [Capital Development Board] shall enter
2into a contract with the artist, or with the owner of the work
3or works of art, selected by the Chairperson of the Illinois
4Arts Council as provided in subsection (d) of this Section.
5The total amount of the contract or contracts shall not exceed
6the amount set aside pursuant to subsection (c) of this
7Section. If the State agency [Capital Development Board] cannot
8reach an agreement with the artist or owner of the work or
9works of art, then the State agency [Board] shall notify the
10Chairperson of the Illinois Arts Council, and the Chairperson
11may select a different artist or work or works of art from the
12three recommendations made by the Fine Arts Review Committee.
13(Source: P.A. 98-572, eff. 1-1-14; 98-756, eff. 7-16-14.)
14    (20 ILCS 3105/15)  (from Ch. 127, par. 783a)
15    Sec. 15. The provisions of "The Illinois Administrative
16Procedure Act", as now or hereafter amended, are hereby
17expressly adopted and incorporated herein as though a part of
18this Act, and shall apply to all administrative rules and
19procedures of each State agency [the Board] under this Act.
20(Source: P.A. 80-961; 80-1494.)
21    (20 ILCS 3105/16)  (from Ch. 127, par. 783b)
22    Sec. 16. (a) In addition to any other power granted in this
23Act to adopt rules or regulations, each State agency [the Board]
24may adopt regulations or rules relating to the issuance or
		HB3407	- 13 -	LRB104 05879 SPS 15910 b
1renewal of the prequalification of an architect, engineer or
2contractor or the suspension or modification of the
3prequalification of any such person or entity including,
4without limitation, an interim or emergency suspension or
5modification without a hearing founded on any one or more of
6the bases set forth in this Section.
7    (b) Among the bases for an interim or emergency suspension
8or modification of prequalification are:
9        (1) A finding by the State agency [Board] that the
10    public interest, safety or welfare requires a summary
11    suspension or modification of a prequalification without
12    hearings.
13        (2) The occurrence of an event or series of events
14    which, in the State agency's [Board's] opinion, warrants a
15    summary suspension or modification of a prequalification
16    without a hearing including, without limitation, (i) the
17    indictment of the holder of the prequalification by a
18    State or federal agency or other branch of government for
19    a crime; (ii) the suspension or modification of a license
20    or prequalification by another State agency or federal
21    agency or other branch of government after hearings; (iii)
22    a material breach of a contract made between the State 
23    agency [Board] and an architect, engineer or contractor; and
24    (iv) the failure to comply with State law including,
25    without limitation, the Business Enterprise for
26    Minorities, Women, and Persons with Disabilities Act, the
		HB3407	- 14 -	LRB104 05879 SPS 15910 b
1    prevailing wage requirements, and the Steel Products
2    Procurement Act.
3    (c) If a prequalification is suspended or modified by the
4State agency [Board] without hearings for any reason set forth
5in this Section or in Section 10-65 of the Illinois
6Administrative Procedure Act, as amended, the State agency
7[Board] shall within 30 days of the issuance of an order of
8suspension or modification of a prequalification initiate
9proceedings for the suspension or modification of or other
10action upon the prequalification.
11(Source: P.A. 100-391, eff. 8-25-17.)
12    (20 ILCS 3105/25 new)
13    Sec. 25. Preparation of bill. The Legislative Reference 
14Bureau shall prepare for introduction in the 2026 spring 
15session of the General Assembly a bill effecting such changes 
16in the statutes as may be necessary to conform the statutes to 
17the changes in law made by this amendatory Act of the 104th 
18General Assembly.
19    (20 ILCS 3105/4.05 rep.)
20    (20 ILCS 3105/5 rep.)
21    (20 ILCS 3105/6 rep.)
22    (20 ILCS 3105/7 rep.)
23    (20 ILCS 3105/8 rep.)
24    (20 ILCS 3105/9.03 rep.)
		HB3407	- 15 -	LRB104 05879 SPS 15910 b
1    (20 ILCS 3105/9.08 rep.)
2    (20 ILCS 3105/9.08b rep.)
3    (20 ILCS 3105/10.01 rep.)
4    (20 ILCS 3105/10.09 rep.)
5    (20 ILCS 3105/10.09-1 rep.)
6    (20 ILCS 3105/10.17 rep.)
7    (20 ILCS 3105/10.18 rep.)
8    (20 ILCS 3105/19 rep.)
9    (20 ILCS 3105/20 rep.)
10    Section 10. The Capital Development Board Act is amended
11by repealing Sections 4.05, 5, 6, 7, 8, 9.03, 9.08, 9.08b,
1210.01, 10.09, 10.09-1, 10.17, 10.18, 19, and 20.
13    (30 ILCS 105/5.07 rep.)
14    Section 15. The State Finance Act is amended by repealing
15Section 5.07.
16    Section 99. Effective date. This Act takes effect July 1,
172029.
		HB3407	- 16 -	LRB104 05879 SPS 15910 b
1
  INDEX
2
  Statutes amended in order of appearance
3    20 ILCS 3105/Art. I
4    heading
5    20 ILCS 3105/1	from Ch. 127, par. 771
6    20 ILCS 3105/3	from Ch. 127, par. 773
7    20 ILCS 3105/4	from Ch. 127, par. 774
8    20 ILCS 3105/4.01	from Ch. 127, par. 774.01
9    20 ILCS 3105/9	from Ch. 127, par. 779
10    20 ILCS 3105/9.01	from Ch. 127, par. 779.01
11    20 ILCS 3105/9.05	from Ch. 127, par. 779.05
12    20 ILCS 3105/9.06	from Ch. 127, par. 779.06
13    20 ILCS 3105/9.07	from Ch. 127, par. 779.07
14    20 ILCS 3105/9.08a	from Ch. 127, par. 779.08a
15    20 ILCS 3105/10	from Ch. 127, par. 780
16    20 ILCS 3105/10.02	from Ch. 127, par. 780.02
17    20 ILCS 3105/10.04	from Ch. 127, par. 780.04
18    20 ILCS 3105/10.05	from Ch. 127, par. 780.05
19    20 ILCS 3105/10.06	from Ch. 127, par. 780.06
20    20 ILCS 3105/10.07	from Ch. 127, par. 780.07
21    20 ILCS 3105/10.08	from Ch. 127, par. 780.08
22    20 ILCS 3105/10.13	from Ch. 127, par. 780.13
23    20 ILCS 3105/10.16	from Ch. 127, par. 780.16
24    20 ILCS 3105/13	from Ch. 127, par. 783
25    20 ILCS 3105/14	from Ch. 127, par. 783.01
		HB3407	- 17 -	LRB104 05879 SPS 15910 b
1    20 ILCS 3105/15	from Ch. 127, par. 783a
2    20 ILCS 3105/16	from Ch. 127, par. 783b
3    20 ILCS 3105/25 new
4    20 ILCS 3105/4.05 rep.
5    20 ILCS 3105/5 rep.
6    20 ILCS 3105/6 rep.
7    20 ILCS 3105/7 rep.
8    20 ILCS 3105/8 rep.
9    20 ILCS 3105/9.03 rep.
10    20 ILCS 3105/9.08 rep.
11    20 ILCS 3105/9.08b rep.
12    20 ILCS 3105/10.01 rep.
13    20 ILCS 3105/10.09 rep.
14    20 ILCS 3105/10.09-1 rep.
15    20 ILCS 3105/10.17 rep.
16    20 ILCS 3105/10.18 rep.
17    20 ILCS 3105/19 rep.
18    20 ILCS 3105/20 rep.
19    30 ILCS 105/5.07 rep.