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Public Act 103-0447
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| HB3456 Enrolled | LRB103 30602 DTM 57042 b |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Department of Natural Resources World Shooting and |
Recreational Complex Act.
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Section 5. Legislative intent. The General Assembly finds |
that authorizing the Department of Natural Resources to enter |
into a public-private partnership will allow the World |
Shooting and Recreational Complex to become a fully |
reactivated space in a timely manner and is in the best |
interest of the State and the local community.
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Section 10. Definitions. |
"Contractor" means a person who has been selected to enter |
or has entered into a public-private agreement with the |
Department on behalf of the State for the development, |
financing, management, or operation of the World Shooting and |
Recreational Complex pursuant to this Act. |
"Department" means the Department of Natural Resources. |
"Director" means the Director of Natural Resources. |
"Maintain" or "maintenance" includes ordinary maintenance, |
repair, rehabilitation, capital maintenance, replacement, and |
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any other categories of maintenance that may be designated by |
the Department. |
"Offeror" means a person who responds to a request for |
proposals under this Act. |
"Operate" or "operation" means to do one or more of the |
following: maintain, improve, equip, modify, or otherwise |
operate. |
"Person" means any individual, firm, association, joint |
venture, partnership, estate, trust, syndicate, fiduciary, |
corporation, or any other legal entity, group, or combination |
thereof. |
"Public-private agreement" means an agreement or contract |
between the Department and the contractor on behalf of the |
State and all schedules, exhibits, and attachments thereto, |
entered into pursuant to a competitive request for proposals |
process governed by this Act, for the financing, management |
and operation of the World Shooting and Recreational Complex |
under this Act. |
"Revenues" means all revenues, including, but not limited |
to, income, user fees, earnings, interest, lease payments, |
allocations, moneys from the federal government, the State, |
and units of local government, including, but not limited to, |
federal, State, and local appropriations, grants, loans, lines |
of credit, and credit guarantees; bond proceeds; equity |
investments; service payments; or other receipts arising out |
of or in connection with the financing, development, |
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management, or operation of the World Shooting and |
Recreational Complex. |
"World Shooting and Recreational Complex" means real |
property in Sparta, Illinois, consisting of approximately |
1,620 acres including a 117-acre lake, over 1,000 camping |
sites, 120 trap houses, 2 sporting clays courses, 24 |
combination trap skeet fields, a cowboy action shooting area, |
a vendor mall, and a restaurant.
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Section 15. Authority to enter public-private agreement. |
Notwithstanding any provision of law to the contrary, the |
Department, on behalf of the State, may enter into a |
public-private agreement to develop, finance, lease, manage, |
and operate the World Shooting and Recreational Complex on |
behalf of the State, pursuant to which the contractors may |
receive certain revenues, including management or user fees in |
consideration of the payment of moneys to the State for that |
right.
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Section 20. Engagement prior to request for proposals. The |
Director or the Director's designee may, prior to soliciting |
requests for proposals, enter into discussions with interested |
persons in order to assess existing market conditions and |
demands, provided that no such interested persons shall have |
any role in drafting any request for proposals, nor shall any |
request for proposal be provided to any interested person |
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prior to its general public distribution. The Director may |
issue a request for qualifications that requests interested |
persons to provide such information as the Director deems |
necessary in order to evaluate the qualifications of such |
interested persons. This may include, but is not limited to, |
the ability of interested persons to acquire the property, as |
determined by the Director. Such engagement and discussions |
with interested persons are exempt from Sections 50-10.5, |
50-39, 50-40, 50-45, and 50-50 of the Illinois Procurement |
Code.
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Section 25. Requests for proposals. If requests for |
proposals are made by the Department, the Department shall |
comply with the competitive request for proposals process |
under Article 20 of the Illinois Procurement Code, rules |
adopted under that Code, and this Act.
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Section 30. Request for proposal process. |
(a) The Department, on behalf of the State, may select a |
contractor through a competitive request for proposals process |
under Article 20 of the Illinois Procurement Code and rules |
adopted under that Article of the Code. |
(b) The competitive request for proposals process shall |
solicit statements of qualification and proposals from |
offerors. |
(c) In addition to any requirements under Article 20 of |
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the Illinois Procurement Code, the competitive request for |
proposals process may take into account the following |
criteria: |
(1) the offeror's plans for the World Shooting and |
Recreational Complex project; |
(2) the offeror's current and past business practices; |
and |
(3) the offeror's poor or inadequate past performance |
in developing, financing, constructing, managing, or |
operating other historic landmark properties or other |
public assets.
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Section 35. Provisions of the public-private agreement. |
(a) The public-private agreement may include, but is not |
limited to, the following: |
(1) the powers, duties, responsibilities, obligations, |
and functions of the Department and the contractor; |
(2) compensation or payments to the Department, if |
applicable; |
(3) compensation or payments to the contractor, if |
applicable; |
(4) a provision specifying that the Department: |
(A) has ready access to information regarding the |
contractor's powers, duties, responsibilities, |
obligations, and functions under the public-private |
agreement; |
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(B) has the right to demand and receive |
information from the contractor concerning any aspect |
of the contractor's powers, duties, responsibilities, |
obligations, and functions under the public-private |
agreement; and |
(C) has the authority to direct or countermand |
decisions by the contractor at any time. |
(5) the authority of the contractor to impose user |
fees and the amounts of those fees; |
(6) a provision governing the deposit and allocation |
of revenues, including user fees; |
(7) a provision governing rights to real and personal |
property of the State, the Department, the contractor, and |
other third parties; |
(8) rights and remedies of the Department if the |
contractor defaults or otherwise fails to comply with the |
terms of the agreement; and |
(9) all other terms, conditions, and provisions |
acceptable to the Department that the Department deems |
necessary and proper and in the public interest.
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Section 40. Labor. |
(a) A public-private agreement related to the World |
Shooting and Recreational Complex pertaining to the building, |
altering, repairing, maintaining, improving, or demolishing of |
the Complex shall require the contractor and all |
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subcontractors to comply with the requirements of Section |
30-22 of the Illinois Procurement Code as they apply to |
responsible bidders, including, but not limited to, all |
applicable provisions of the Prevailing Wage Act, and to |
present satisfactory evidence of that compliance to the |
Department, unless the project is federally funded and the |
application of those requirements would jeopardize the receipt |
or use of federal funds in support of the project. |
(b) A public-private agreement related to the World |
Shooting and Recreational Complex pertaining to the building, |
altering, repairing, maintaining, improving, or demolishing |
the Complex shall require the contractor and all |
subcontractors to enter into a project labor agreement used by |
the Capital Development Board.
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Section 45. Term of agreement; reversion of property to |
the Department. |
(a) The term of any public-private agreement entered into |
under this Act shall be no less than 25 years and no more than |
99 years. |
(b) The Department may terminate the contractor's |
authority and duties under the public-private agreement on the |
date set forth in the public-private agreement. The Department |
may also terminate the public-private agreement pursuant to |
any clause or condition as set forth in the public-private |
agreement. |
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(c) Upon termination of the public-private agreement, the |
authority, and duties of the contractor under this Act cease, |
except for those duties and obligations that extend beyond the |
termination, as set forth in the public-private agreement, and |
all interests in the World Shooting and Recreational Complex |
shall revert to the Department.
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Section 50. The Prevailing Wage Act is amended by changing |
Section 2 as follows:
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(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
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Sec. 2. This Act applies to the wages of laborers, |
mechanics and
other workers employed in any public works, as |
hereinafter defined, by
any public body and to anyone under |
contracts for public works. This includes any maintenance, |
repair, assembly, or disassembly work performed on equipment |
whether owned, leased, or rented.
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As used in this Act, unless the context indicates |
otherwise:
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"Public works" means all fixed works constructed or |
demolished by
any public body,
or paid for wholly or in part |
out of public funds. "Public works" as
defined herein includes |
all projects financed in whole
or in part with bonds, grants, |
loans, or other funds made available by or through the State or |
any of its political subdivisions, including but not limited |
to: bonds issued under the Industrial Project Revenue Bond
Act |
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(Article 11, Division 74 of the Illinois Municipal Code), the |
Industrial
Building Revenue Bond Act, the Illinois Finance |
Authority Act,
the Illinois Sports Facilities Authority Act, |
or the Build Illinois Bond Act; loans or other funds made
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available pursuant to the Build Illinois Act; loans or other |
funds made available pursuant to the Riverfront Development |
Fund under Section 10-15 of the River Edge Redevelopment Zone |
Act; or funds from the Fund for
Illinois' Future under Section |
6z-47 of the State Finance Act, funds for school
construction |
under Section 5 of the General Obligation Bond Act, funds
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authorized under Section 3 of the School Construction Bond |
Act, funds for
school infrastructure under Section 6z-45 of |
the State Finance Act, and funds
for transportation purposes |
under Section 4 of the General Obligation Bond
Act. "Public |
works" also includes (i) all projects financed in whole or in |
part
with funds from the Environmental Protection Agency under |
the Illinois Renewable Fuels Development Program
Act for which |
there is no project labor agreement; (ii) all work performed |
pursuant to a public private agreement under the Public |
Private Agreements for the Illiana Expressway Act or the |
Public-Private Agreements for the South Suburban Airport Act; |
(iii) all projects undertaken under a public-private agreement |
under the Public-Private Partnerships for Transportation Act |
or the Department of Natural Resources World Shooting and |
Recreational Complex Act; and (iv) all transportation |
facilities undertaken under a design-build contract or a |
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Construction Manager/General Contractor contract under the |
Innovations for Transportation Infrastructure Act. "Public |
works" also includes all projects at leased facility property |
used for airport purposes under Section 35 of the Local |
Government Facility Lease Act. "Public works" also includes |
the construction of a new wind power facility by a business |
designated as a High Impact Business under Section |
5.5(a)(3)(E) and the construction of a new utility-scale solar |
power facility by a business designated as a High Impact |
Business under Section 5.5(a)(3)(E-5) of the Illinois |
Enterprise Zone Act.
"Public works" also includes electric |
vehicle charging station projects financed pursuant to the |
Electric Vehicle Act and renewable energy projects required to |
pay the prevailing wage pursuant to the Illinois Power Agency |
Act. "Public works" does not include work done directly by any |
public utility company, whether or not done under public |
supervision or direction, or paid for wholly or in part out of |
public funds. "Public works" also includes construction |
projects performed by a third party contracted by any public |
utility, as described in subsection (a) of Section 2.1, in |
public rights-of-way, as defined in Section 21-201 of the |
Public Utilities Act, whether or not done under public |
supervision or direction, or paid for wholly or in part out of |
public funds. "Public works" also includes construction |
projects that exceed 15 aggregate miles of new fiber optic |
cable, performed by a third party contracted by any public |
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utility, as described in subsection (b) of Section 2.1, in |
public rights-of-way, as defined in Section 21-201 of the |
Public Utilities Act, whether or not done under public |
supervision or direction, or paid for wholly or in part out of |
public funds. "Public works" also includes any corrective |
action performed pursuant to Title XVI of the Environmental |
Protection Act for which payment from the Underground Storage |
Tank Fund is requested. "Public works" does not include |
projects undertaken by the owner at an owner-occupied |
single-family residence or at an owner-occupied unit of a |
multi-family residence. "Public works" does not include work |
performed for soil and water conservation purposes on |
agricultural lands, whether or not done under public |
supervision or paid for wholly or in part out of public funds, |
done directly by an owner or person who has legal control of |
those lands.
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"Construction" means all work on public works involving |
laborers,
workers or mechanics. This includes any maintenance, |
repair, assembly, or disassembly work performed on equipment |
whether owned, leased, or rented.
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"Locality" means the county where the physical work upon |
public works
is performed, except (1) that if there is not |
available in the county a
sufficient number of competent |
skilled laborers, workers and mechanics
to construct the |
public works efficiently and properly, "locality"
includes any |
other county nearest the one in which the work or
construction |
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is to be performed and from which such persons may be
obtained |
in sufficient numbers to perform the work and (2) that, with
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respect to contracts for highway work with the Department of
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Transportation of this State, "locality" may at the discretion |
of the
Secretary of the Department of Transportation be |
construed to include
two or more adjacent counties from which |
workers may be accessible for
work on such construction.
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"Public body" means the State or any officer, board or |
commission of
the State or any political subdivision or |
department thereof, or any
institution supported in whole or |
in part by public funds,
and includes every county, city, |
town,
village, township, school district, irrigation, utility, |
reclamation
improvement or other district and every other |
political subdivision,
district or municipality of the state |
whether such political
subdivision, municipality or district |
operates under a special charter
or not.
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"Labor organization" means an organization that is the |
exclusive representative of an
employer's employees recognized |
or certified pursuant to the National Labor Relations Act. |
The terms "general prevailing rate of hourly wages", |
"general
prevailing rate of wages" or "prevailing rate of |
wages" when used in
this Act mean the hourly cash wages plus |
annualized fringe benefits for training and
apprenticeship |
programs approved by the U.S. Department of Labor, Bureau of
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Apprenticeship and Training, health and welfare, insurance, |
vacations and
pensions paid generally, in the
locality in |