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HB 3730

DESIGN BUILD-HIGHER EDUCATION

104th Regular Session Introduced by Jay Hoffman

HB 3730 allows public colleges/universities to act as design-build contracting authority until 1/1/2028, after which the Capital Development Board holds that role.

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Bill Summary · HB 3730

Summary — HB 3730 (Design-Build — Higher Education)

Status: House Floor Amendment No. 1 filed (4/7/2025); re‑referred to Rules Committee. Introduced 2/18/2025 by Rep. Jay Hoffman. Effective date: upon becoming law (if enacted).

Purpose

HB 3730 revises the Design‑Build Procurement Act by (in its current amended form) changing key statutory definitions and establishing a temporary arrangement for how public institutions of higher education are treated under the Act for design‑build procurements. It also repeals Section 90 of the Act.

Key provisions (as amended by House Amendment No. 1)

  • Redefines the term “State construction agency” to mean the Capital Development Board (CDB), but expressly allows a public institution of higher education to act as the State construction agency for a design‑build procurement until January 1, 2028. On or after January 1, 2028, public institutions of higher education are no longer considered a State construction agency under the Act.
  • Revises and clarifies several statutory definitions in Section 10, including:
    • Delivery system, design‑bid‑build, design‑build, design‑build contract, design‑build entity, design‑build related professional, evaluation criteria, proposal, request for proposal, scope and performance criteria, and the statutory meaning of “public institution of higher education.”
    • Specifies that "design‑build" provides single‑contract responsibility for architecture, engineering, land surveying and construction services.
    • States evaluation criteria may include specialized experience, technical qualifications, past performance, assignment of personnel, etc.; and that price may not be used in evaluating Phase I proposals.
  • Repeals Section 90 of the Design‑Build Procurement Act.
  • Effective immediately upon enactment.

(Note: the original introduced text also included a provision making certain parts of Section 5 inoperative for public institutions of higher education as of January 1, 2026. House Amendment No. 1 replaces the bill’s original text; the amended bill’s controlling change is the Section 10 definition/transition language above.)

Who is affected

  • Public institutions of higher education (colleges and universities): will be able to act as the contracting authority for design‑build procurements only until Jan. 1, 2028; afterward such authority would be limited to the CDB.
  • Capital Development Board: remains the default State construction agency; will likely assume broader responsibility for higher education design‑build procurements after 2027.
  • Design‑build entities, architects, engineers, land surveyors, contractors, and consultants: affected by the clarified definitions, procurement procedures, and evaluation rules.
  • Procurement Policy Board and other state oversight entities: may receive advisory copies and records as required under the Act.

Potential impacts and considerations

  • Centralizes long‑term authority for state design‑build procurements with the CDB while allowing a temporary window (through 2027) for higher education institutions to act as their own contracting authority for design‑build projects.
  • Clarified statutory definitions may change procurement practices, proposal preparation, and evaluation processes (notably the prohibition on using price in Phase I evaluations).
  • Repeal of Section 90 and other definitional changes could affect statutory sunset/repeal language — stakeholders should review the full amended text and related statutes (e.g., Illinois Procurement Code, professional licensing Acts) for interactions.

Legislative progress (selected)

  • Filed: 2/7/2025; First Reading: 2/18/2025
  • Referred to Higher Education and Rules Committee; assigned to Executive Committee
  • House Floor Amendment No. 1 filed 4/7/2025; recommended by Executive Committee 4/9/2025; re‑referred to Rules 4/11/2025

For implementation details and exact statutory language, consult the full bill text (as amended) and any agency guidance that follows enactment.

Compiled from official sources — confirm details with the bill’s official record.

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