SB1900 102ND GENERAL ASSEMBLY

LRB102 14405 RAM 19757 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1900

Introduced 2/26/2021, by Sen. John F. Curran

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 140/7.5

Creates the Public-Private Partnerships Act. Creates provisions addressing agreements between public and private entities; transparency between parties; oversight of projects; compliance with state and federal law; and fairness for local jurisdictions when negotiating public-private agreements. Adds provisions containing rules for the formation of an public-private partnership agreement; the establishment of the Infrastructure Investment Commission; the process for procuring contracts; the terms of a public-private partnership agreement; the creation of development and operation standards for projects; the taxation of contractors; financial arrangements; the insurance of debt by a responsible public entity; the acquisition of property; law enforcement; confidentiality of proposals; the maximum term of a public-private agreement; reversion of property to the State; powers of a responsible public entity with respect to qualifying projects; and prohibited local action. Makes a corresponding change in the Freedom of Information Act.

A BILL FOR

AN ACT concerning public-private partnerships.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Article 1. General Provisions

Section 1-1. Short title. This Act may be cited as the Public-Private Partnerships Act.

Section 1-5. Public policy and legislative intent.

(a) It is the public policy and the public purpose of the State of Illinois to promote the development, financing, and operation of facilities that serve the needs of the public.

(b) Existing methods of procurement and financing of facilities by responsible public entities impose limitations on the methods by which facilities may be developed and operated within the State.

(c) Authorizing private entities to do all or part of the development, planning, design, construction, maintenance, repair, rehabilitation, expansion, financing, and operation of one or more facilities may result in the availability of the facilities to the public in a more timely, more efficient, or less costly fashion, thereby serving the public safety and welfare.

(d) Public-private agreements entered into by private entities and responsible public entities under this Act shall allow for:

(1) transparency, oversight, and public information sharing;

(2) compliance with all State of Illinois and federal environmental laws; and

(3) fairness for local jurisdictions when negotiating the public-private agreements.

(e) It is the intent of this Act to use Illinois design professionals, construction companies, and workers to the greatest extent possible by offering them the right to compete for this work.

(f) It is the intent of this Act to use minority and women business enterprises and economically disadvantaged firms to the greatest extent possible.

(g) It is the intent of this Act to create jobs and provide training for those jobs for minorities, women, and veterans to the greatest extent possible.

Section 1-10. Actions serving a public purpose. An action serves the public purpose of this Act if the action facilitates the timely development, planning, design, construction, maintenance, repair, rehabilitation, expansion, financing, or operation of a qualifying project.

Section 1-15. Intent of Act. It is the intent of this Act to:

(a) encourage investment in the State of Illinois by private entities that facilitates the development, planning, design, construction, maintenance, repair, rehabilitation, expansion, financing, and operation of facilities; and

(b) grant public and private entities the greatest possible flexibility in contracting with each other for the provision of the public services that are the subject of this Act.

Section 1-20. Construction with other laws. The powers conferred by this Act shall be liberally construed in order to accomplish their purposes and are in addition and supplemental to the powers conferred by any other law. If any other law or rule is inconsistent with this Act, this Act is controlling as to any public-private agreement entered into under this Act.

Section 1-25. Authority for agreements. This Act contains full and complete authority for agreements and leases with private entities to carry out the activities described in this Act. Except as provided in this Act, no procedure, proceeding, publication, notice, consent, approval, order, or act by a responsible public entity or any other State or local government or official is required to enter into an agreement or lease, and no law to the contrary affects, limits, or diminishes the authority for agreements and leases with private entities.

Section 1-30. Carrying out laws outside of Act. To the extent that this Act permits or requires a responsible public entity or a private entity to carry out or comply with any law other than this Act under a public-private agreement, the action shall be carried out in conformity with this Act.

Section 1-35. Definitions. As used in this Act:

"Affected jurisdiction" means the following:

(1) Any county, municipality, township, special district, or unit designated as a unit of local government by law in which all or a part of a qualifying project is located.

(2) Any other public entity directly affected by the qualifying project.

"Authority" means the Illinois State Toll Highway Authority.

"Contractor" means a private entity that has entered into a public-private agreement with the responsible public entity to provide services to or on behalf of the responsible public entity.

"Department" means the Illinois Department of Transportation.

"Design-build agreement" means the agreement between the selected private entity and the responsible public entity under which the selected private entity agrees to furnish design, construction, and related services for a facility under this Act.

"Develop" or "development" means to do one or more of the following: plan, design, develop, lease, acquire, install, construct, reconstruct, rehabilitate, extend, or expand.

"Facility" means:

(1) A facility or project that serves a public purpose, including, but not limited to, any new or existing road, highway, toll highway, bridge, tunnel, intermodal facility, intercity or high-speed passenger rail, rail project or facility, ferry or mass transit facility, vehicle parking facility, airport or seaport facility, or other transportation facility or infrastructure, any, administrative facility, broadband-related project or facility, correctional institution or facility, energy-related project or facility, fuel supply facility, oil or gas pipeline, medical or nursing care facility, recreational facility, sporting or cultural facility, or educational facility or other building or facility that is used or will be used by a public educational institution, or any other public facility or infrastructure that is used or will be used by the public at large or in support of an accepted public purpose or activity;

(2) An improvement, including equipment, of a building that will be principally used by a public entity or the public at large or that supports a service delivery system in the public sector;

(3) A sanitation, water, potable water, underground water, wastewater, or surface water facility or other related infrastructure; or

(4) For projects that involve a facility owned or operated by the governing board of a county, municipality, township, special district, or municipal hospital or health care system, or projects that involve a facility owned or operated by a municipal utility, notwithstanding any provision of this Act, only those projects that the governing board designates as qualifying projects pursuant to this Act.

"Maintain" or "maintenance" includes ordinary maintenance, repair, rehabilitation, capital maintenance, maintenance replacement, and any other categories of maintenance that may be designated by the responsible public entity.

"Operate" or "operation" means to do one or more of the following: maintain, improve, equip, modify, or otherwise operate.

"Private entity" means any combination of one or more individuals, sole proprietorships, corporations, general partnerships, limited liability companies, limited partnerships, joint ventures, business trusts, nonprofit entities, or other business entities that are parties to a proposal for a qualifying project or an agreement related to a qualifying project. A public agency may provide services to a contractor as a subcontractor or subconsultant without affecting the private status of the private entity and the ability to enter into a public-private agreement.

"Project" means any or the combination of the development, financing, or operation with respect to all or a portion of any facility under the jurisdiction of a responsible public entity undertaken pursuant to this Act.

"Proposal" means all materials and documents prepared by or on behalf of a private entity relating to the proposed development, financing, or operation of a facility as a qualifying project.

"Proposer" means a private entity that has submitted an unsolicited proposal for a public-private agreement to a responsible public entity under this Act or submitted a proposal or statement of qualifications for a public-private agreement in response to a request for proposals or a request for qualifications issued by a responsible public entity under this Act.

"Public-private agreement" means the public-private agreement between the contractor and the responsible public entity relating to one or more of the development, financing, or operation of a qualifying project that is entered into under this Act.

"Qualifying project" means one or more projects developed, financed, or operated by a contractor under this Act.

"Request for information" means all materials and documents prepared by or on behalf of a responsible public entity to solicit information from private entities with respect to qualifying projects.

"Request for proposals" means all materials and documents prepared by or on behalf of a responsible public entity to solicit proposals from private entities to enter into a public-private agreement.

"Request for qualifications" means all materials and documents prepared by or on behalf of a responsible public entity to solicit statements of qualification from private entities to enter into a public-private agreement.

"Responsible public entity" means a county, municipality, school district, special district, or any other political subdivision of the State or unit of local government; a public body corporate and politic; or a regional entity that serves a public purpose and is authorized to develop or operate a qualifying project.

"Revenues" means all revenues, including any combination of: income; earnings and interest; user fees; lease payments; allocations; 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 a qualifying project, including the development, financing, and operation of a qualifying project. The term includes money received as grants, loans, lines of credit, credit guarantees, or otherwise in aid of a qualifying project from the federal government, the State, a unit of local government, or any agency or instrumentality of the federal government, the State, or a unit of local government.

"Shortlist" means the process by which a responsible public entity will review, evaluate, and rank statements of qualifications submitted in response to a request for qualifications and then identify the proposers who are eligible to submit a detailed proposal in response to a request for proposals. The identified proposers constitute the shortlist for the qualifying project to which the request for proposals relates.

"Unit of local government" has the meaning ascribed to that term in Article VII, Section 1 of the Constitution of the State of Illinois and also means any unit designated as a municipal corporation.

"User fees" or "tolls" means the rates, tolls, fees, or other charges imposed by the contractor for use of all or a portion of a qualifying project under a public-private agreement.

Article 2. Formation of an Agreement

Section 2-1. Exercise of powers.

(a) A responsible public entity may exercise the powers granted by this Act to do some or all of the work to develop, finance, and operate any part of one or more qualifying projects through public-private agreements with one or more private entities.

(b) The Authority may enter into a public-private partnership to develop, finance, and operate nonhighway transportation projects on the toll highway system such as commuter rail or high-speed rail lines, and intelligent transportation infrastructure that will enhance the safety, efficiency, and environmental quality of the State highway system. The Authority may operate or provide operational services such as toll collection on highways that are developed or financed, or both, through a public-private agreement entered into by another public entity, under an agreement with the public entity or contractor responsible for the transportation project.

Section 2-5. Powers of contractor; user fees. A contractor has:

(a) all powers allowed by law generally to a private entity having the same form of organization as the contractor; and

(b) the power to develop, finance, and operate the facility and to impose and collect user fees in connection with the use of the facility, subject to the terms of the public-private agreement.

No tolls or user fees may be imposed by the contractor except as set forth in a public-private agreement.

Section 2-10. Powers of contractor; property interests. The contractor may own, lease, or acquire any property interest or other right to develop, finance, or operate the qualifying project.

Section 2-15. Powers of contractor; user classifications and enforcement of rules. In operating the qualifying project, the contractor may do the following:

(a) Make user classifications as permitted in the public-private agreement.

(b) As permitted in the public-private agreement or otherwise with the consent of the responsible public entity, make and enforce reasonable rules to the same extent that the responsible public entity may make and enforce rules with respect to a similar project.

Article 3. Infrastructure Investment Commission

Section 3-1. Establishment.

(a) There is established an Infrastructure Investment Commission reporting to the Governor and independent of other agencies and departments of the State. The Commission shall be headed by an Executive Director, appointed by a majority vote of the Commission, who shall have demonstrated knowledge, training, or experience in one or more of the following areas:

(1) infrastructure development or operation;

(2) capital markets and finance, including municipal finance;

(3) public-sector planning; or

(4) procurement.

(b) The Executive Director shall hold office for 4 years from the date of appointment, and until a successor shall be duly appointed and qualified, but shall be subject to removal by the Commission for incompetency, neglect of duty or malfeasance.

(c) The Executive Director shall receive a salary of $15,000 per annum, or as set by the Compensation Review Board, whichever is greater, payable in monthly installments, together with reimbursement for necessary expenses incurred in the performance of the duties of the Executive Director. The Executive Director shall be eligible for reappointment.

(d) The Commission established pursuant to this Section 3-1 shall be composed of 7 members, appointed as follows:

(1) Seven members appointed by the Governor with the advice and consent of the Senate having expertise, knowledge, or experience in infrastructure development or operation, capital markets and finance, public-sector planning, or procurement.

(2) Not more than 4 members of the Commission shall be members of the same political party. Members of the Commission shall represent geographically diverse regions of the State.

(3) Vacancies shall be filled for the unexpired term in the same manner as original appointments. All appointments shall be in writing and filed with the Secretary of State as a public record.

(e) Of the members appointed by the Governor, one such member shall be appointed by the Governor as chairperson and shall hold office for 4 years from the date of appointment, and until a successor shall be duly appointed and qualified, but shall be subject to removal by the Governor for incompetency, neglect of duty or malfeasance.

(f) The chairperson shall preside at all meetings of the Commission; shall exercise general supervision over all powers, duties, obligations and functions of the Commission; and shall approve or disapprove all resolutions, bylaws, rules, rates, and regulations made and established by the Commission, and if the chairperson approves, the chairperson shall sign the same, and such as the chairperson shall not approve, the chairperson shall return to the Commission with objections thereto in writing at the next regular meeting of the Commission occurring after the passage thereof. Such veto may extend to any one or more items contained in such resolution, bylaw, rule, rate, or regulation, or to its entirety; and in case the veto extends to a part of such resolution, bylaw, rule, rate, or regulation, the residue thereof shall take effect and be in force, but in case the chairperson shall fail to return any resolution, bylaw, rule, rate, or regulation with objections thereto by the time aforesaid, the chairperson shall be deemed to have approved the same, and the same shall take effect accordingly. Upon the return of any resolution, bylaw, rule, rate, or regulation by the chairperson, the vote by which the same was passed shall be reconsidered by the Commission, and if upon such reconsideration two-thirds of all the members agree by yeas and nays to pass the same, it shall go into effect notwithstanding the chairperson's refusal to approve thereof. The process of approving or disapproving all resolutions, bylaws, rules, rates, and regulations, as well as the ability of the members to override the disapproval of the chairperson, under this Section shall be set forth in the Commission's bylaws. Nothing in the Commission's bylaws, rules, or regulations may be contrary to this Section.

(g) Of the original members, other than the chairperson, so appointed by the Governor, 3 shall hold office for 2 years and 3 shall hold office for 4 years, from the date of their appointment and until their respective successors shall be duly appointed and qualified, but shall be subject to removal by the Governor for incompetency, neglect of duty, or malfeasance. In case of vacancies in such offices during the recess of the Senate, the Governor shall make a temporary appointment until the next meeting of the Senate when the Governor shall nominate some person to fill such office and any person so nominated, who is confirmed by the Senate, shall hold office during the remainder of the term and until a successor shall be appointed and qualified. The respective term of the first members appointed shall be designated by the Governor at the time of appointment, but their successors shall each be appointed for a term of 4 years, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Members shall be eligible for reappointment. Members shall serve until their respective successors are duly appointed and qualified.

(h) Each such member, other than ex officio members shall receive an annual salary of $10,000, or as set by the Compensation Review Board, whichever is greater, payable in monthly installments, and shall be reimbursed for necessary expenses incurred in the performance of duties under this Act.

Section 3-5. Duties of the Commission. The Commission shall:

(a) Assist responsible public entities with identifying projects, including opportunities for project aggregation, for which a public-private partnership may be appropriate;

(b) Provide technical assistance and expertise to responsible public entities on using public-private partnerships to develop or operate qualifying projects, including analyzing their benefits and costs and the innovative financing options available to support them;

(c) Supply template contracts;

(d) Track proposed, ongoing, and completed private-public partnerships;

(e) Identify methods of encouraging competition for the development or operation of qualifying projects;

(f) Serve as a liaison to State or federal government officials charged with promoting public-private infrastructure partnerships, other State executive directors of infrastructure investment commissions and regional or metropolitan public-private partnership offices;

(g) Conduct public and stakeholder engagement and outreach, including efforts to encourage transparency and information sharing regarding public-private partnerships;

(h) Promote best practices, including standardized methodologies and processes; and

(i) Attract private investment in infrastructure to the State.

Section 3-10. Duties of the Executive Director of the Commission.

(a) The Executive Director shall provide to the standing committees of the responsible public entity having jurisdiction over transportation or infrastructure and post online a report annually within 6 weeks of the end of each fiscal year that:

(1) Lists those public-private partnerships that:

(i) are expected to be soliciting bids within the next fiscal year;

(ii) are in progress;

(iii) were completed during the prior fiscal year; or

(iv) were removed from consideration during the prior fiscal year; and

(2) Summarizes actions taken by the Commission to fulfill its duties pursuant to Section 3-5 of this Article.

(b) The Executive Director shall be responsible to the Commission for the proper administration of the affairs of the Commission and policies adopted by the chairperson and members of the Commission.

(c) All employees, as are necessary to the proper functioning of the Commission, shall be appointed by the Executive Director with the consent of the Commission.

Section 3-15. State permitting. The Commission shall coordinate with responsible public entities on State environmental reviews and permitting for all qualifying projects subject to this Act. As soon as practicable, and not later than the commencement of a public-private agreement, the responsible public entity shall identify all necessary State permits, and in consultation with the Commission and relevant State offices and departments, shall create a timeline for review and issuance of such permits. The Commission shall maintain on its website a listing of projects under this Section for which State permits are delayed more than 90 days past the deadline specified in the timeline and post an official explanation for the delay that shall come from the office in charge of approving the permit, or link to public websites containing such information.

Article 4. Procurement Process

Section 4-1. Procurement procedures. A responsible public entity may receive unsolicited proposals or may solicit proposals for a qualifying project and may thereafter enter into a public-private agreement with a private entity, or a consortium of private entities, for the building, upgrading, operating, ownership, or financing of facilities.

(a)(1) The responsible public entity may establish a reasonable application fee for the submission of an unsolicited proposal under this Section.

(2) A private entity that submits an unsolicited proposal to a responsible public entity must concurrently pay an initial application fee, as determined by the responsible public entity.

(3) If the responsible public entity chooses to evaluate an unsolicited proposal involving architecture, engineering, or landscape architecture, it must ensure a professional review and evaluation of the design and construction proposed by the initial or subsequent proposers to ensure material quality standards, interior space use, budget estimates, design and construction schedules, and sustainable design and construction standards consistent with public projects. Such review shall be performed by an architect, a landscape architect, or an engineer licensed in this State qualified to perform the review, and such professional shall advise the responsible public entity through completion of the design and construction of the project.

(b) The responsible public entity may request a proposal from private entities for a qualifying project or, if the responsible public entity receives an unsolicited proposal for a qualifying project and the responsible public entity intends to enter into a public-private agreement for the project described in the unsolicited proposal, the responsible public entity shall publish notice in the State of Illinois Procurement Bulletin and a newspaper of general circulation within the responsible public entity at least once a week for 2 weeks stating that the responsible public entity has received a proposal and will accept other proposals for the same project. The timeframe within which the responsible public entity may accept other proposals shall be determined by the responsible public entity on a project-by-project basis based upon the complexity of the qualifying project and the public benefit to be gained by allowing a longer or shorter period of time within which other proposals may be received; however, the timeframe for allowing other proposals must be at least 21 days, but no more than 120 days, after the initial date of publication. If approved by a majority vote of the responsible public entity's governing body, the responsible public entity may alter the timeframe for accepting proposals to more adequately suit the needs of the qualifying project; however, in no event shall such timeframe exceed 180 days. A copy of the notice must be mailed to each local government in the affected jurisdiction.

(c) If the solicited qualifying project provided in subsection (b) includes design work, the solicitation must include a design criteria package prepared by an architect, a landscape architect, or an engineer licensed in this State that is sufficient to allow private entities to prepare a bid or a response. The design criteria package must specify reasonably specific criteria for the qualifying project such as the legal description of the site, with survey information; interior space requirements; material quality standards; schematic layouts and conceptual design criteria for the qualifying project; cost or budget estimates; design and construction schedules; and site development and utility requirements. The licensed design professional who prepares the design criteria package shall be retained to serve the responsible public entity through completion of the design and construction of the project.

(d) Before approving a public-private agreement, the responsible public entity must determine that the proposed project:

(1) Is in the public's best interest.

(2) Is for a facility that is owned by the responsible public entity or for a facility for which ownership will be conveyed to the responsible public entity.

(3) Has adequate safeguards in place to ensure that additional costs or service disruptions are not imposed on the public in the event of material default or cancellation of the public-private agreement by the responsible public entity.

(4) Has adequate safeguards in place to ensure that the responsible public entity or private entity has the opportunity to add capacity to the proposed project or other facilities serving similar predominantly public purposes.

(5) Will be owned by the responsible public entity upon completion, expiration, or termination of the public-private agreement and upon payment of the amounts financed.

(e) Before signing a public-private agreement, the responsible public entity must consider a reasonable finance plan that is consistent with Article 8; the qualifying project cost; revenues by source; available financing; major assumptions; internal rate of return on private investments, if governmental funds are assumed in order to deliver a cost-feasible project; and a total cash-flow analysis beginning with the implementation of the project and extending for the term of the public-private agreement.

(f) In considering an unsolicited proposal, the responsible public entity may require from the private entity a technical study prepared by a nationally recognized expert with experience in preparing analysis for bond rating agencies. In evaluating the technical study, the responsible public entity may rely upon internal staff reports prepared by personnel familiar with the operation of similar facilities or the advice of external advisors or consultants who have relevant experience.

Section 4-5. Project approval requirements. An unsolicited proposal from a private entity for approval of a qualifying project must be accompanied by the following material and information, unless waived by the responsible public entity:

(1) A description of the qualifying project, including the conceptual design of the facilities or a conceptual plan for the provision of services, and a schedule for the initiation and completion of the qualifying project.

(2) A description of the method by which the private entity proposes to secure the necessary property interests that are required for the qualifying project.

(3) A description of the private entity's general plans for financing the qualifying project, including the sources of the private entity's funds and the identity of any dedicated revenue source or proposed debt or equity investment on behalf of the private entity.

(4) The name and address of a person who may be contacted for additional information concerning the proposal.

(5) The proposed user fees, lease payments, or other service payments over the term of a public-private agreement, and the methodology for and circumstances that would allow changes to the user fees, lease payments, and other service payments over time.

(6) Additional material or information that the responsible public entity reasonably requests, including, without limitation, information that the responsible public entity requires in response to a request for proposals.

Any pricing or financial terms included in an unsolicited proposal must be specific as to when the pricing or terms expire.

Section 4-10. Project qualification and process.

(a) The private entity, or the applicable party or parties of the private entity's team, must meet the minimum standards contained in the responsible public entity's guidelines for qualifying professional services and contracts for traditional procurement projects.

(b) The responsible public entity must:

(1) Ensure that provision is made for the private entity's performance and payment of subcontractors, including, but not limited to, surety bonds, letters of credit, parent company guarantees, and lender and equity partner guarantees. For the components of the qualifying project that involve construction performance and payment, bonds are required and are subject to the recordation, notice, suit limitation, and other requirements of the Public Construction Bond Act.

(2) Ensure the most efficient pricing of the security package that provides for the performance and payment of subcontractors.

(3) Ensure that the public-private agreement addresses termination upon a material default of the public-private agreement.

(c) After the public notification period has expired in the case of an unsolicited proposal, the responsible public entity shall rank the proposals received in order of preference. In ranking the proposals, the responsible public entity may consider factors that include, but are not limited to, public benefit, professional qualifications, general business terms, innovative design techniques or cost-reduction terms, and finance plans. The responsible public entity may then begin negotiations for a public-private agreement with the highest-ranked firm. If the responsible public entity is not satisfied with the results of the negotiations, the responsible public entity may terminate negotiations with the proposer and negotiate with the second-ranked or subsequent-ranked firms, in the order consistent with this procedure. If only one proposal is received, the responsible public entity may negotiate in good faith, and if the responsible public entity is not satisfied with the results of the negotiations, the responsible public entity may terminate negotiations with the proposer.

(d) The responsible public entity shall perform an independent analysis of the proposed public-private partnership that demonstrates the cost-effectiveness and overall public benefit before the procurement process is initiated or before the contract is awarded.

(e) The responsible public entity may approve the development or operation of a qualifying project, or the design or equipping of a qualifying project that is developed or operated, if:

(1) There is a public need for or benefit derived from a project of the type that the private entity proposes as the qualifying project.

(2) The estimated cost of the qualifying project is reasonable in relation to similar facilities.

(3) The private entity's plans will result in the timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project.

(f) The responsible public entity may charge a reasonable fee to cover the costs of processing, reviewing, and evaluating the request, including, but not limited to, reasonable attorney fees and fees for financial and technical advisors or consultants and for other necessary advisors or consultants.

(g) Upon approval of a qualifying project, the responsible public entity shall establish a date for the commencement of activities related to the qualifying project. The responsible public entity may extend the commencement date.

(h) Approval of a qualifying project by the responsible public entity is subject to entering into a public-private agreement with the private entity.

Section 4-15. Interim agreement. Before or in connection with the negotiation of a public-private agreement, the responsible public entity may enter into an interim agreement with the private entity proposing the development or operation of the qualifying project. An interim agreement does not obligate the responsible public entity to enter into a public-private agreement. The interim agreement is discretionary with the parties and is not required on a qualifying project for which the parties may proceed directly to a public-private agreement without the need for an interim agreement. An interim agreement must be limited to provisions that:

(a) Authorize the private entity to commence activities for which it may be compensated related to the proposed qualifying project, including, but not limited to, project planning and development, design, environmental analysis and mitigation, survey, other activities concerning any part of the proposed qualifying project, and ascertaining the availability of financing for the proposed facility or facilities.

(b) Establish the process and timing of the negotiation of the public-private agreement.

(c) Contain such other provisions related to an aspect of the development or operation of a qualifying project that the responsible public entity and the private entity deem appropriate.

Section 4-20. Payment of stipulated amount for work product of unsuccessful proposer; rights; liability. The responsible public entity may pay a stipulated amount to an unsuccessful proposer that submits a responsive proposal in response to a request for proposals under this Article, in exchange for the work product contained in that proposal. The use by the responsible public entity of any design element contained in an unsuccessful proposal is at the sole risk and discretion of the responsible public entity and does not confer liability on the recipient of the stipulated amount under this Section. After payment of the stipulated amount:

(a) the responsible public entity and the unsuccessful proposer jointly own the rights to, and may make use of any work product contained in, the proposal, including the technologies, techniques, methods, processes, ideas, and information contained in the proposal, project design, and project financial plan; and

(b) the use by the unsuccessful proposer of any part of the work product contained in the proposal is at the sole risk of the unsuccessful proposer and does not confer liability on the responsible public entity.

Section 4-25. Additional rights of responsible public entity. In addition to any other rights under this Act, in connection with any procurement under this Article, the responsible public entity may:

(a) withdraw a request for information, request for qualifications, or a request for proposals at any time and, in its discretion, publish a new request for qualifications or request for proposals;

(b) decline to approve a proposal for any reason;

(c) decline to award a public-private agreement for any reason;

(d) request clarifications to any statement of information, qualifications, or proposal received, to seek one or more revised proposals or one or more best and final offers, or to conduct negotiations with one or more private entities that have submitted proposals;

(e) modify the terms, provisions, and conditions of a request for qualification, request for proposals, technical specifications, or form of public-private agreement during the pendency of a procurement;

(f) interview proposers; and

(g) any other rights available to the responsible public entity under applicable law and administrative rule.

Section 4-30. Confidentiality of proposals; disclosure.

(a) The responsible public entity may not disclose the contents of proposals during discussions or negotiations with potential proposers.

(b) The responsible public entity may, in its discretion in accordance with the Freedom of Information Act, treat as confidential all records relating to discussions or negotiations between the responsible public entity and potential proposers if those records are created while discussions or negotiations are in progress.

(c) Notwithstanding subsections (a) and (b), and with the exception of portions that are confidential under the Freedom of Information Act, the terms of the selected offer negotiated under this Act shall be available for inspection and copying under the Freedom of Information Act after negotiations with the proposers have been completed.

(d) When disclosing the terms of the selected offer under subsection (c), the responsible public entity shall certify that the information being disclosed accurately and completely represents the terms of the selected offer.

(e) The responsible public entity shall disclose the contents of all proposals, except the parts of the proposals that may be treated as confidential in accordance with the Freedom of Information Act, when either:

(1) the request for proposal process is withdrawn under Section 4-25; or

(2) the public-private agreement has been executed and the closing for each financing transaction required to provide funding to carry out the agreement has been conducted.

Article 5. Public-Private Agreements

Section 5-1. Provisions of agreement.

(a) Before beginning the development; the financing; the operation; or any combination of the development, financing, or operation of a qualifying project under this Act, the contractor must enter into a public-private agreement with the responsible public entity. Subject to the other provisions of this Act, the responsible public entity and a private entity may enter into a public-private agreement with respect to a qualifying project. Subject to the requirements of this Act, a public-private agreement may provide that the private entity, acting on behalf of the responsible public entity, is partially or entirely responsible for any combination of developing, financing, or operating the qualifying project.

(b) The public-private agreement may, as determined appropriate by the responsible public entity for the particular qualifying project, provide for some or all of the following:

(1) Development, planning, design, construction, maintenance, repair, rehabilitation, expansion, financing, and operation of the qualifying project under terms set forth in the public-private agreement, in any form as deemed appropriate by the responsible public entity, including, but not limited to, a long-term concession and lease, a design-bid-build agreement, a design-build agreement, a design-build-maintain agreement, a design-build-finance agreement, a design-build-operate-maintain agreement and a design-build-finance-operate-maintain agreement.

(2) Delivery of performance and payment bonds or other performance security determined suitable by the responsible public entity, including letters of credit, United States bonds and notes, parent guaranties, and cash collateral, in connection with the development, financing, or operation of the qualifying project, in the forms and amounts set forth in the public-private agreement or otherwise determined as satisfactory by the responsible public entity to protect the responsible public entity and payment bond beneficiaries who have a direct contractual relationship with the contractor or a subcontractor of the contractor to supply labor or material. The payment or performance bond or alternative form of performance security is not required for the portion of a public-private agreement that includes only design, planning, or financing services, the performance of preliminary studies, or the acquisition of real property.

(3) Review of plans for any development or operation, or both, of the qualifying project by the responsible public entity.

(4) Inspection of any construction of or improvements to the qualifying project by the responsible public entity or another entity designated by the responsible public entity or under the public-private agreement to ensure that the construction or improvements conform to the standards set forth in the public-private agreement or are otherwise acceptable to the responsible public entity.

(5) Maintenance of:

(A) one or more policies of public liability insurance (copies of which shall be filed with the responsible public entity accompanied by proofs of coverage); or

(B) self-insurance;

each in the form and amount as set forth by the public-private agreement or otherwise satisfactory to the responsible public entity as reasonably sufficient to insure coverage of tort liability to the public and employees and to enable the continued operation of the qualifying project.

(6) Where operations are included within the contractor's obligations under the public-private agreement, monitoring of the maintenance practices of the contractor by the responsible public entity or another entity designated by the responsible public entity or under the public-private agreement and the taking of the actions the responsible public entity finds appropriate to ensure that the qualifying project is properly maintained.

(7) Reimbursement to be paid to the responsible public entity as set forth in the public-private agreement for services provided by the responsible public entity.

(8) Filing of appropriate financial statements and reports as set forth in the public-private agreement or as otherwise in a form acceptable to the responsible public entity on a periodic basis.

(9) Compensation or payments to the contractor. Compensation or payments may include any or a combination of the following:

(A) A base fee and additional fee for project savings as the design-builder of a construction project.

(B) A development fee, payable on a lump sum basis, progress payment basis, time and materials basis, or any other basis considered appropriate by the responsible public entity.

(C) An operations fee, payable on a lump sum basis, time and material basis, periodic basis, or any other basis considered appropriate by the responsible public entity.

(D) Some or all of the revenues, if any, arising out of operation of the qualifying project.

(E) A maximum rate of return on investment or return on equity or a combination of the 2.

(F) In-kind services, materials, property, equipment, or other items.

(G) Compensation in the event of any termination.

(H) Availability payments or similar arrangements whereby payments are made to the contractor pursuant to the terms set forth in the public-private agreement or related agreements.

(I) Other compensation set forth in the public-private agreement or otherwise considered appropriate by the responsible public entity.

(10) Compensation or payments to the responsible public entity, if any. Compensation or payments may include any one or combination of the following:

(A) A concession or lease payment or other fee, which may be payable upfront or on a periodic basis or on another basis deemed appropriate by the responsible public entity.

(B) Sharing of revenues, if any, from the operation of the qualifying project.

(C) Sharing of project savings from the construction of the qualifying project.

(D) Payment for any services, materials, equipment, personnel, or other items provided by the responsible public entity to the contractor under the public-private agreement or in connection with the qualifying project.

(E) Other compensation set forth in the public-private agreement or otherwise considered appropriate by the responsible public entity.

(11) The date and terms of termination of the contractor's authority and duties under the public-private agreement and the circumstances under which the contractor's authority and duties may be terminated before that date.

(12) Reversion of the qualifying project to the responsible public entity at the termination or expiration of the public-private agreement.

(13) Rights and remedies of the responsible public entity if the contractor defaults or otherwise fails to comply with the terms of the public-private agreement.

(14) Procedures for the selection of professional design firms and subcontractors, which shall include procedures consistent with the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act for the selection of professional design firms and may include, in the discretion of the responsible public entity, procedures consistent with the low bid procurement procedures outlined in the Illinois Procurement Code for the selection of construction companies.

(15) Other terms, conditions, and provisions that the responsible public entity believes are in the public interest.

Section 5-5. Additional requirements.

(a) The responsible public entity may fix and revise the amounts of user fees that a contractor may charge and collect for the use of any part of a qualifying project in accordance with the public-private agreement. In fixing the amounts, the responsible public entity may establish maximum amounts for the user fees and may provide that the maximums and any increases or decreases of those maximums shall be based upon the indices, methodologies, or other factors the responsible public entity considers appropriate.

(b) A public-private agreement may:

(1) authorize the imposition of tolls in any manner determined appropriate by the responsible public entity for the qualifying project;

(2) authorize the contractor to adjust the user fees for the use of the qualifying project, so long as the amounts charged and collected by the contractor do not exceed the maximum amounts established by the responsible public entity under the public-private agreement;

(3) provide that any adjustment by the contractor permitted under paragraph (2) may be based on the indices, methodologies, or other factors described in the public-private agreement or approved by the responsible public entity;

(4) authorize the contractor to charge and collect user fees through methods, including, but not limited to, automatic vehicle identification systems, electronic toll collection systems, and, to the extent permitted by law, global positioning system-based, photo-based, or video-based toll collection enforcement, if, to the maximum extent feasible, the contractor will (i) use open road tolling methods that allow payment of tolls at highway speeds and (ii) comply with United States Department of Transportation requirements and best practices with respect to tolling methods; and

(5) authorize the collection of user fees by a third party.

Section 5-10. Grants or loans for qualifying project. In the public-private agreement, the responsible public entity may agree to make grants or loans for the development or operation, or both, of the qualifying project from time to time from amounts received from the federal government or any agency or instrumentality of the federal government or from any State or local agency.

Section 5-15. Terms and conditions in agreement. The public-private agreement must incorporate the duties of the contractor under this Act and may contain the other terms and conditions that the responsible public entity determines serve the public purpose of this Act. The public-private agreement may contain provisions under which the responsible public entity agrees to provide notice of default and cure rights for the benefit of the contractor and the persons or entities described in the public-private agreement that are providing financing for the qualifying project. The public-private agreement may contain any other lawful term or condition to which the contractor and the responsible public entity mutually agree, including provisions regarding change orders, dispute resolution, required upgrades to the qualifying project, tolling policies, changes and modifications to the qualifying project, unavoidable delays, or provisions for a loan or grant of public funds for the development or operation, or both, of one or more qualifying projects.

Section 5-20. Responsible public entity takeover of qualifying project after termination or expiration.

(a) Upon the termination or expiration of the public-private agreement, including a termination for default, the responsible public entity shall have the right to take over the qualifying project and to succeed to all of the right, title, and interest in the qualifying project and all real property acquired as a part of the project shall be held in the name of the responsible public entity.

(b) If a responsible public entity elects to take over a qualifying project as provided in subsection (a), the responsible public entity may do the following:

(1) Develop, finance, or operate the project, including through a public-private agreement entered into in accordance with this Act.

(2) Impose, collect, retain, and use user fees, if any, for the project.

(c) If a responsible public entity elects to take over a qualifying project as provided in subsection (a), the responsible public entity may use the revenues, if any, for any lawful purpose, including to:

(1) Make payments to individuals or entities in connection with any financing of the qualifying project, including through a public-private agreement entered into in accordance with this Act.

(2) Permit a contractor to receive some or all of the revenues under a public-private agreement entered into under this Act.

(3) Pay development costs of the project.

(4) Pay current operation costs of the project or facilities.

(5) Paying the contractor for any compensation or payment owing upon termination.

(6) Pay for the development, financing, or operation of any other project or projects the responsible public entity deems appropriate.

(d) The full faith and credit of the State or any political subdivision of the State or the responsible public entity is not pledged to secure any financing of the contractor by the election to take over the qualifying project. Assumption of development or operation, or both, of the qualifying project does not obligate the State or any political subdivision of the State or the responsible public entity to pay any obligation of the contractor.

Section 5-25. Changes added by written amendment. Any changes in the terms of the public-private agreement agreed to by the parties shall be added to the public-private agreement by written amendment.

Section 5-30. Agreements with multiple private entities. Notwithstanding any other provision of this Act, the responsible public entity may enter into a public-private agreement with multiple private entities if the responsible public entity determines in writing that it is in the public interest to do so.

Section 5-35. Agreement provisions for qualifying project. The public-private agreement may provide for all or part of the development, financing, or operation of phases or segments of the qualifying project.

Article 6. Development and Operations Standards for Projects

Section 6-1. Standards of compliance for plans and specifications. The plans and specifications, if any, for each project developed under this Act must comply with:

(a) the responsible public entity's standards for other projects of a similar nature or as otherwise provided in the public-private agreement;

(b) the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, the Illinois Architecture Practice Act of 1989, the requirements of Section 30-22 of the Illinois Procurement Code as they apply to responsible bidders, and the Illinois Professional Land Surveyor Act of 1989; and

(c) any other applicable State or federal standards.

Section 6-5. Highway projects under Act considered part of State highway system. Each highway project constructed or operated under this Act is considered to be part of:

(a) the State highway system for purposes of identification, maintenance standards, and enforcement of traffic laws if the highway project is under the jurisdiction of the Department; or

(b) the toll highway system for purposes of identification, maintenance standards, and enforcement of traffic laws if the highway project is under the jurisdiction of the Authority.

Section 6-10. Service agreements. Any unit of local government or State agency may enter into agreements with the contractor for maintenance or other services under this Act.

Section 6-15. Cooperation with federal and local agencies. The responsible public entity shall seek the cooperation of federal and local agencies to expedite all necessary federal and local permits, licenses, and approvals necessary for projects under this Act.

Article 7. Taxation of Contractors

Section 7-1. Exemptions from property taxes. A project under this Act and tangible personal property used exclusively in connection with a project that are:

(a) owned by the responsible public entity and leased, licensed, financed, or otherwise conveyed to a contractor; or

(b) acquired, constructed, or otherwise provided by a contractor on behalf of the responsible public entity;

under the terms of a public-private agreement are considered to be public property devoted to an essential public and governmental function and purpose. The property, and a contractor's leasehold estate or interests in the property, are exempt from all ad valorem property taxes and special assessments levied against property by the State or any political subdivision of the State.

Section 7-10. Exemptions from retail and use taxes. A contractor or any other person purchasing tangible personal property for incorporation into or improvement of a structure or facility constituting or becoming part of the land included in a project is entitled to the exemption from retail tax and use tax provided under the Retailers' Occupation Tax Act and Use Tax Act, respectively, with respect to that tangible personal property.

Section 7-15. Taxation of income. Income received by a contractor under the terms of a public-private agreement is subject to taxation in the same manner as income received by other private entities.

Article 8. Financial Arrangements

Section 8-1. Actions to obtain credit assistance. The responsible public entity may do any combination of applying for, executing, or endorsing applications submitted by private entities to obtain federal, State, or local credit assistance for qualifying projects developed, financed, or operated under this Act, including loans, lines of credit, and guarantees.

Section 8-5. Actions to obtain assistance. The responsible public entity may take any action to obtain federal, State, or local assistance for a qualifying project that serves the public purpose of this Act and may enter into any contracts required to receive the federal assistance. The responsible public entity may determine that it serves the public purpose of this Act for all or any portion of the costs of a qualifying project to be paid, directly or indirectly, from the proceeds of a grant or loan, line of credit, or loan guarantee made by a local, State, or federal government or any agency or instrumentality of a local, State, or federal government. Such assistance may include, but not be limited to, federal credit assistance pursuant to the Transportation Infrastructure Finance and Innovation Act and the Water Infrastructure and Finance and Innovation Act.

Section 8-10. Grants or loans from amounts received from governments. The responsible public entity may agree to make grants or loans for the development, financing, or operation of a qualifying project from time to time, from amounts received from the federal, State, or local government or any agency or instrumentality of the federal, State, or local government.

Section 8-15. Terms and conditions of financing. Any financing of a qualifying project may be in the amounts and upon the terms and conditions that are determined by the parties to the public-private agreement.

Section 8-20. General powers for the purpose of financing. For the purpose of financing a qualifying project, the contractor and the responsible public entity may do the following:

(a) Propose to use any and all of the revenues that may be available to them, including public or private pension funds.

(b) Enter into grant agreements.

(c) Access any other funds available to the responsible public entity, including public pension funds.

(d) Accept grants from the responsible public entity or other public or private agency or entity.

Section 8-25. Debt financing powers.

(a) For the purpose of financing a qualifying project, the responsible public entity may enter into agreements, leases, or subleases with a contractor, and do the following:

(1) Issue bonds, debt, or other obligations.

(2) Enter into loan agreements or other credit facilities.

(3) Secure any financing with a pledge of, security interest in, or lien on all or part of a property subject to the agreement, including all of the party's property interests in the qualifying project.

(b) Any such debt shall mature at such time or times not exceeding the earlier of the term of the public-private agreement and the life of the qualifying project.

Section 8-30. Use of public funds for financing. For the purpose of financing a qualifying project, public funds, including public pension funds, may be used and mixed and aggregated with funds provided by or on behalf of the contractor or other private entities.

Section 8-35. Private activity bonds for purpose of financing. For the purpose of financing a qualifying project, a responsible public entity is authorized to do any combination of applying for, executing, or endorsing applications for an allocation of tax-exempt bond financing authorization provided by the United States Internal Revenue Code, as well as financing available under any other federal law or program.

Section 8-40. Financing not to be considered debt of the State or any political subdivision of the State. Any bonds, debt, or other securities or other financing issued by or on behalf of a contractor for the purposes of a project undertaken under this Act shall not be deemed to constitute a debt of the responsible public entity, the State, or any political subdivision of the State or a pledge of the faith and credit of the responsible public entity, the State, or any political subdivision of the State.

Article 9. Issuance of Debt by Responsible Public Entity

Section 9-1. Sale of bonds or notes. A responsible public entity may, by resolution, issue and sell bonds or notes of the responsible public entity for the purpose of providing funds to carry out this Act with respect to the development, financing, or operation of a project or projects or the refunding of any bonds or notes, together with any costs associated with a transaction.

Section 9-5. Leases of projects. A responsible public entity may enter into a lease with the contractor of a project or projects financed under this Act. The responsible public entity may lease a project financed under this Act to a contractor under a public-private agreement.

Section 9-10. Payment of lease rentals. The responsible public entity shall pay lease rentals for leases that the responsible public entity has entered into under this Act that secure bonds issued under this Article from any legally available revenues, including:

(a) payments received from a contractor;

(b) federal highway revenues;

(c) distributions from the State highway fund; and

(d) other funds available to the responsible public entity for such purpose.

Section 9-15. Properties of bonds or notes issued under Article. The bonds or notes issued under this Article:

(a) constitute the corporate obligations of the responsible public entity;

(b) do not constitute an indebtedness of the State within the meaning or application of any constitutional provision or limitation; and

(c) are payable solely as to both principal and interest from:

(1) the revenues from a lease to the responsible public entity, if any;

(2) proceeds of bonds or notes, if any;

(3) investment earnings on proceeds of bonds or notes; or

(4) other funds available to the responsible public entity for such purpose.

Article 10. Acquisition of Property

Section 10-1. General. The responsible public entity may exercise any power of condemnation or eminent domain, including quick-take powers, that it has under law, for the purpose of acquiring any lands or estates or interests in land for a qualifying project to the extent provided in the public-private agreement or otherwise to the extent that the responsible public entity finds that the action serves the public purpose of this Act and deems it appropriate in the exercise of its powers under this Act.

Section 10-5. Entering into grants of property interests. The responsible public entity and a contractor may enter into the leases, licenses, easements, and other grants of property interests that the responsible public entity determines necessary to carry out this Act.

Article 11. Law Enforcement

Section 11-1. Powers and jurisdiction within limits of qualifying project.

(a) All law enforcement officers of the State and of each affected jurisdiction have the same powers and jurisdiction within the limits of the facility as they have in their respective areas of jurisdiction.

(b) Law enforcement officers shall have access to the facility at any time for the purpose of exercising the law enforcement officers' powers and jurisdiction.

Section 11-5. Application of traffic and motor vehicle laws; punishment for infractions.

(a) The traffic and motor vehicle laws of the State of Illinois or, if applicable, any local jurisdiction shall be the same as those applying to conduct on similar projects in the State of Illinois or the local jurisdiction.

(b) Punishment for infractions and offenses shall be as prescribed by law for conduct occurring on similar projects in the State of Illinois or the local jurisdiction.

Article 12. Term of Agreement; Reversion of Property to State

Section 12-1. Maximum term of agreement. The term of a public-private agreement, including all extensions, may not exceed 99 years.

Section 12-5. Date of termination of contractor's authority and duties. The responsible public entity shall terminate the contractor's authority and duties under the public-private agreement on the date set forth in the public-private agreement.

Section 12-10. Duties and obligations upon termination of agreement; dedication to responsible public entity. 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 facility shall revert to the responsible public entity.

Article 13. Additional Powers of Responsible Public Entity

with Respect to Qualifying Projects

Section 13-1. Cooperation with governmental entities. Each responsible public entity may exercise any powers provided under this Act in participation or cooperation with any governmental entity and enter into any contracts to facilitate that participation or cooperation without compliance with any other statute. Each responsible public entity shall cooperate with each other and with other governmental entities in carrying out qualifying projects under this Act.

Section 13-5. Contracts and agreements necessary to performance of duties and execution of powers. Each responsible public entity may make and enter into all contracts and agreements necessary or incidental to the performance of the responsible public entity's duties and the execution of the responsible public entity's powers under this Act. Except as otherwise required by law, these contracts or agreements are not subject to any approvals other than the approval of the responsible public entity and may be for any term of years and contain any terms that are considered reasonable by the responsible public entity.

Section 13-10. Payment of costs. A responsible public entity may pay the costs incurred under a public-private agreement entered into under this Act from any funds available to the responsible public entity under this Act or any other statute.

Section 13-15. Action that would impair agreement prohibited. A responsible public entity or other State or local government may not take any action that would impair a public-private agreement entered into under this Act.

Section 13-20. Law enforcement assistance.

(a) Each responsible public entity may enter into an agreement between and among the contractor, the responsible public entity, and the Illinois State Police concerning the provision of law enforcement assistance with respect to a qualifying project that is the subject of a public-private agreement under this Act.

(b) Each responsible public entity is authorized to enter into arrangements with the Illinois State Police related to costs incurred in providing law enforcement assistance under this Act.

Article 14. Prohibited Local Action

Section 14-1. Prohibited local action. A unit of local government may not take any action that would have the effect of impairing a public-private agreement under this Act, except that this Section 14-1 shall not diminish any existing police power or other power provided by law to a unit of local government.

Article 15. Amendatory Changes

Section 15-5. The Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi-State Transit Safety Act.

(q) Information prohibited from being disclosed by the Personnel Record Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Office due to its administration of the Illinois Health Information Exchange. The terms "identified" and "deidentified" shall be given the same meaning as in the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, or any subsequent amendments thereto, and any regulations promulgated thereunder.

(u) Records and information provided to an independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.

(aa) Information which is exempted from disclosure under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement Officer-Worn Body Camera Act, except to the extent authorized under that Act.

(dd) Information that is prohibited from being disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being disclosed under Section 7-603.5 of the Illinois Vehicle Code.

(hh) Records that are exempt from disclosure under Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.

(mm) Records that are exempt from disclosure under Section 4.2 of the Crime Victims Compensation Act.

(nn) Information that is exempt from disclosure under Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.

(pp) Names and all identifying information relating to an employee of an emergency services provider or law enforcement agency under the First Responders Suicide Prevention Act.

(qq) Information and records held by the Department of Public Health and its authorized representatives collected under the Reproductive Health Act.

(rr) Information that is exempt from disclosure under the Cannabis Regulation and Tax Act.

(ss) Data reported by an employer to the Department of Human Rights pursuant to Section 2-108 of the Illinois Human Rights Act.

(tt) Recordings made under the Children's Advocacy Center Act, except to the extent authorized under that Act.

(uu) Information that is exempt from disclosure under Section 50 of the Sexual Assault Evidence Submission Act.

(vv) Information that is exempt from disclosure under subsections (f) and (j) of Section 5-36 of the Illinois Public Aid Code.

(ww) Information that is exempt from disclosure under Section 16.8 of the State Treasurer Act.

(xx) Information that is exempt from disclosure or information that shall not be made public under the Illinois Insurance Code.

(yy) Information prohibited from being disclosed under the Illinois Educational Labor Relations Act.

(zz) Information prohibited from being disclosed under the Illinois Public Labor Relations Act.

(aaa) Information prohibited from being disclosed under Section 1-167 of the Illinois Pension Code.

(bbb) Information that is exempt from disclosure under Section 4-30 of the Public-Private Partnerships Act.

(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, eff. 7-7-20.)