Illinois General Assembly - Full Text of SB0378
Illinois General Assembly

Previous General Assemblies

Full Text of SB0378  95th General Assembly

SB0378 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0378

 

Introduced 2/7/2007, by Sen. Don Harmon - Kirk W. Dillard

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Public-Private Partnerships for Transportation Act. Provides that the Act is intended to promote public-private partnerships for transportation by authorizing the Department of Transportation and the Illinois State Toll Highway Authority to enter into public-private agreements for the development, operation, and financing of transportation facilities. Grants to the Department and the Authority the necessary powers for the development, financing, and operation of transportation projects through public-private agreements with one or more private entities. Provides that the projects may not include an airport located in a county with a population of more than 500,000. Creates a new Article in the Regional Transportation Authority Act granting similar powers to the RTA with regard to mass transportation projects. Creates provisions with regard to the planning of, the procurement of labor, materials, and real estate for, and the development and operation of these projects. Creates tax exemptions for these projects. Provides that the powers granted by the Act and the new Article are to be liberally construed. Prohibits units of local government and State agencies from taking any action that would have the effect of impairing a public-private agreement under the Act or the new Article. Makes corresponding changes in the Department of Transportation Law of the Civil Administration Code of Illinois, the Illinois Finance Authority Act, the Illinois Procurement Code, the Public Construction Bond Act, the Public Works Preferences Act, the Employment of Illinois Workers on Public Works Act, the Business Enterprise for Minorities, Females, and Persons with Disabilities Act, the Retailers' Occupation Tax Act, the Property Tax Code, the Toll Highway Act, and the Prevailing Wage Act. Effective immediately.


LRB095 04599 DRH 24656 b

 

 

A BILL FOR

 

SB0378 LRB095 04599 DRH 24656 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Public-Private Partnerships for Transportation Act.
 
6     Section 5. Public policy and legislative intent.
7     (a) It is the public policy of the State of Illinois to
8 promote the development and operation of transportation
9 facilities that serve the needs of the public.
10     (b) Existing methods of procurement and financing of
11 transportation facilities by the Department and the Authority
12 impose limitations on the methods by which transportation
13 facilities may be developed and operated within the State.
14     (c) Authorizing the Department and the Authority to enter
15 into public-private partnerships, whereby private entities may
16 develop, operate, and finance transportation facilities, has
17 the potential to promote the development of transportation
18 facilities in the State as well as investment in the State.
19     (d) It is the intent of this Act to promote public-private
20 partnerships for transportation by authorizing the Department
21 and the Authority to enter into public-private agreements for
22 the development, operation, and financing of transportation
23 facilities.
 

 

 

SB0378 - 2 - LRB095 04599 DRH 24656 b

1     Section 10. Definitions. As used in this Act:
2     "Authority" means the Illinois State Toll Highway
3 Authority.
4     "Contractor" means a private entity that has entered into a
5 public-private agreement with the transportation agency to
6 provide services to or on behalf of the transportation agency.
7     "Department" means the Illinois Department of
8 Transportation.
9     "Develop" or "development" means to do one or more of the
10 following: plan, design, develop, lease, acquire, install,
11 construct, reconstruct, rehabilitate, extend, or expand.
12     "Maintain" or "maintenance" includes ordinary maintenance,
13 repair, rehabilitation, capital maintenance, maintenance
14 replacement, and any other categories of maintenance that may
15 be designated by the transportation agency.
16     "Offeror" means a private entity that has submitted a
17 proposal for a public-private agreement under this Act.
18     "Operate" or "operation" means to do one or more of the
19 following: maintain, improve, equip, modify, or otherwise
20 operate.
21     "Private entity" means any combination of one or more
22 individuals, corporations, general partnerships, limited
23 liability companies, limited partnerships, joint ventures,
24 business trusts, nonprofit entities, or other business
25 entities that are parties to a proposal for a transportation

 

 

SB0378 - 3 - LRB095 04599 DRH 24656 b

1 project or an agreement related to a transportation project. A
2 public agency may provide services to a contractor as a
3 subcontractor or subconsultant without affecting the private
4 status of the private entity and the ability to enter into a
5 public-private agreement.
6     "Public-private agreement" means the public-private
7 agreement between the contractor and the transportation agency
8 relating to one or more of the development, financing, or
9 operation of a transportation project that is entered into
10 under this Act.
11     "Request for proposals" means all materials and documents
12 prepared by or on behalf of the transportation agency to
13 solicit proposals from offerors to enter into a public-private
14 agreement.
15     "Request for qualifications" means all materials and
16 documents prepared by or on behalf of the transportation agency
17 to solicit qualification submittals from offerors to enter into
18 a public-private agreement.
19     "Revenues" means all revenues, including any combination
20 of: income; earnings and interest; user fees; lease payments;
21 allocations; federal, State, and local appropriations, grants,
22 loans, lines of credit, and credit guarantees; bond proceeds;
23 equity investments; service payments; or other receipts;
24 arising out of or in connection with a transportation project,
25 including the development, financing, and operation of a
26 transportation project. The term includes money received as

 

 

SB0378 - 4 - LRB095 04599 DRH 24656 b

1 grants, loans, lines of credit, credit guarantees, or otherwise
2 in aid of a transportation project from the federal government,
3 the State, a unit of local government, or any agency or
4 instrumentality of the federal government, the State, or a unit
5 of local government.
6     "Transportation agency" means the Department or the
7 Authority.
8     "Transportation project" or "project" means a project
9 undertaken under this Act with respect to all or a portion of
10 any new or existing road, highway, toll highway, bridge,
11 tunnel, intermodal facility, or other transportation facility
12 or infrastructure under the jurisdiction of the transportation
13 agency; a transportation project may not, however, include an
14 airport located within a county with a population of more than
15 500,000.
16     "User fees" or "tolls" means the rates, tolls, fees, or
17 other charges imposed by the contractor for use of all or a
18 portion of a transportation project under a public-private
19 agreement.
 
20     Section 15. Formation of public-private agreements;
21 project planning.
22     (a) Each transportation agency may exercise the powers
23 granted by this Act to do some or all of develop, finance, and
24 operate any part of one or more transportation projects through
25 public-private agreements with one or more private entities.

 

 

SB0378 - 5 - LRB095 04599 DRH 24656 b

1 Each transportation agency may use the revenues arising out of
2 one transportation project or public-private agreement and use
3 them for some or all of developing, financing, and operating
4 any part of one or more additional or other transportation
5 projects through public-private agreements with one or more
6 private entities or as otherwise deemed appropriate by the
7 transportation agency.
8     (b) A contractor has:
9         (1) all powers allowed by law generally to a private
10     entity having the same form of organization as the
11     contractor; and
12         (2) the power to develop, finance, and operate the
13     transportation project and to impose user fees in
14     connection with the use of the transportation project,
15     subject to the terms of the public-private agreement.
16     No tolls or user fees may be imposed by the contractor
17 except as set forth in a public-private agreement.
18     (c) Each year, at least 30 days prior to the beginning of
19 the transportation agency's fiscal year, and at other times the
20 transportation agency deems necessary, the transportation
21 agency shall submit for review, to the President of the Senate,
22 the Speaker of the House of Representatives, the Minority
23 Leader of the Senate, and the Minority Leader of the House of
24 Representatives, a description of potential projects that the
25 transportation agency is considering undertaking under this
26 Act. The transportation agency may undertake any potential

 

 

SB0378 - 6 - LRB095 04599 DRH 24656 b

1 project regarding which it has submitted a description unless,
2 within 60 days of their receipt of the description of the
3 potential project, the transportation agency receives notice
4 to the contrary from the President of the Senate, the Speaker
5 of the House of Representatives, the Minority Leader of the
6 Senate, and the Minority Leader of the House of
7 Representatives.
8     (d) Each year, at least 30 days prior to the beginning of
9 the transportation agency's fiscal year, the transportation
10 agency shall submit a description of potential projects that
11 the transportation agency is considering undertaking under
12 this Act to each county, municipality, and metropolitan
13 planning organization, with respect to each project located
14 within its boundaries.
15     (e) Any project undertaken under this Act shall be subject
16 to all applicable planning requirements otherwise required by
17 law, including land use planning, regional planning,
18 transportation planning, and environmental compliance
19 requirements.
20     (f) Any new transportation facility developed as a project
21 under this Act must be consistent with the metropolitan
22 planning organization's regional plan then in existence with
23 respect to each project located within a metropolitan planning
24 organization's boundaries.
 
25     Section 20. Procurement process.

 

 

SB0378 - 7 - LRB095 04599 DRH 24656 b

1     (a) The transportation agency may request proposals from
2 private entities for some or all of the development, financing,
3 and operation of one or more transportation projects.
4     (b) The transportation agency may pursue a competitive
5 proposal process using a request for qualifications and a
6 request for proposals process or proceed directly to a request
7 for proposals.
8     (c) If the transportation agency elects to utilize a
9 request for qualifications phase, it shall provide a public
10 notice of the request for qualifications for such period as
11 deemed appropriate or warranted by the transportation agency
12 and shall set forth requirements and evaluation criteria in the
13 request for qualifications. Upon receipt of qualifications,
14 the transportation agency shall choose which parties that have
15 submitted qualifications, if any, meet the requirements and
16 evaluation criteria in the request for qualifications and shall
17 issue requests for proposals only to those parties.
18     (d) If the transportation agency has not issued a request
19 for qualification under this Section and intends to use only a
20 request for proposals procurement, the transportation agency
21 shall provide a public notice of the request for proposals for
22 a period deemed appropriate or warranted by the transportation
23 agency.
24     (e) A request for proposals shall:
25         (1) indicate in general terms the scope of work, goods,
26     and services sought to be procured;

 

 

SB0378 - 8 - LRB095 04599 DRH 24656 b

1         (2) contain or incorporate by reference the
2     specifications and contractual terms and conditions
3     applicable to the procurement and the transportation
4     project;
5         (3) specify the factors, criteria, and other
6     information that will be used in evaluating the proposals;
7         (4) contain or incorporate by reference the other
8     applicable contractual terms and conditions; and
9         (5) contain or incorporate by reference any other
10     provisions, materials, or documents the transportation
11     agency deems appropriate.
12     (f) The transportation agency shall determine the
13 evaluation criteria that are most appropriate for each
14 transportation project and shall set forth those criteria in
15 the request for proposals. The transportation agency may use
16 (i) a selection process that results in selection of the
17 proposal offering the best value to the public, (ii) a
18 selection process that results in selection of the proposal
19 offering the lowest price or cost or the highest payment to, or
20 revenue sharing with, the transportation agency, (iii) a
21 selection process that results in the imposition of tolls for
22 the shortest period, or (iv) any other selection process that
23 the transportation agency determines is in the best interests
24 of the State and the public.
25     (g) After the procedures required in this Act have been
26 completed, the transportation agency shall make a

 

 

SB0378 - 9 - LRB095 04599 DRH 24656 b

1 determination as to whether the successful offeror should be
2 designated as the contractor for the transportation project.
3     (h) After designating the successful offeror as the
4 contractor for the project, the transportation agency shall
5 execute the public-private agreement and publish notice of the
6 execution of the public-private agreement.
7     (i) Any action to contest the validity of a public-private
8 agreement entered into under this Act must be brought no later
9 than 30 days after the date of publication of the notice of
10 execution of the public-private agreement.
11     (j) In addition to any other rights under this Act, in
12 connection with any procurement under this Act, the following
13 rights are reserved to each transportation agency:
14         (1) to withdraw a request for qualifications or a
15     request for proposals at any time. The transportation
16     agency may then publish a new request for qualifications or
17     request for proposals;
18         (2) to not award a public-private agreement for any
19     reason;
20         (3) to request clarifications to any qualification
21     submittal or request for proposals, to seek one or more
22     revised proposals or one or more best and final offers, or
23     to conduct negotiations with one or more offerors;
24         (4) to modify, during the pendency of a procurement,
25     the terms, provisions, and conditions of a request for
26     qualification or request for proposals or the technical

 

 

SB0378 - 10 - LRB095 04599 DRH 24656 b

1     specifications or form of a public-private agreement;
2         (5) to interview offerors; and
3         (6) any other rights available to the transportation
4     agency under applicable law and regulations.
 
5     Section 25. Public-private agreements.
6     (a) Before developing, financing, or operating the
7 transportation project, the contractor shall enter into a
8 public-private agreement with the transportation agency.
9 Subject to the other provisions of this Act, the transportation
10 agency and a private entity may enter into a public-private
11 agreement with respect to a project. Subject to the
12 requirements of this Act, a public-private agreement may
13 provide that the private entity, acting on behalf of the
14 transportation agency, is partially or entirely responsible
15 for any combination of developing, financing, or operating the
16 transportation project under terms set forth in the
17 public-private agreement.
18     (b) The public-private agreement may, as determined
19 appropriate by the transportation agency for the particular
20 transportation project, provide for some or all of the
21 following:
22         (1) Construction of the transportation project under
23     terms set forth in the public-private agreement, which may
24     include design-build construction.
25         (2) Delivery of performance and payment bonds or other

 

 

SB0378 - 11 - LRB095 04599 DRH 24656 b

1     performance security determined suitable by the
2     transportation agency, including letters of credit, United
3     States bonds and notes, parent guaranties, and cash
4     collateral, in connection with the development, financing,
5     or operation of the transportation project, in the forms
6     and amounts set forth in the public-private agreement or
7     otherwise determined as satisfactory by the transportation
8     agency to protect the transportation agency and payment
9     bond beneficiaries who have a direct contractual
10     relationship with the contractor or a subcontractor of the
11     contractor to supply labor or material. The payment or
12     performance bond or alternative form of performance
13     security is not required for the portion of a
14     public-private agreement that includes only design,
15     planning, or financing services, the performance of
16     preliminary studies, or the acquisition of real property.
17         (3) Review of plans for any development or operation,
18     or both, of the transportation project by the
19     transportation agency.
20         (4) Inspection of any construction of or improvements
21     to the transportation project by the transportation agency
22     or another entity designated by the transportation agency
23     or under the public-private agreement to ensure that the
24     construction or improvements conform to the standards set
25     forth in the public-private agreement or are otherwise
26     acceptable to the transportation agency.

 

 

SB0378 - 12 - LRB095 04599 DRH 24656 b

1         (5) Maintenance of:
2             (A) one or more policies of public liability
3         insurance (copies of which shall be filed with the
4         transportation agency accompanied by proofs of
5         coverage); or
6             (B) self-insurance;
7     each in form and amount as set forth in the public-private
8     agreement or otherwise satisfactory to the transportation
9     agency as reasonably sufficient to insure coverage of tort
10     liability to the public and employees and to enable the
11     continued operation of the transportation project.
12         (6) Where operations are included within the
13     contractor's obligations under the public-private
14     agreement, monitoring of the maintenance practices of the
15     contractor by the transportation agency or another entity
16     designated by the transportation agency or under the
17     public-private agreement and the taking of the actions the
18     transportation agency finds appropriate to ensure that the
19     transportation project is properly maintained.
20         (7) Reimbursement to be paid to the transportation
21     agency as set forth in the public-private agreement for
22     services provided by the transportation agency.
23         (8) Filing of appropriate financial statements and
24     reports as set forth in the public-private agreement or as
25     otherwise in a form acceptable to the transportation agency
26     on a periodic basis.

 

 

SB0378 - 13 - LRB095 04599 DRH 24656 b

1         (9) Compensation or payments to the contractor.
2     Compensation or payments may include any or a combination
3     of the following:
4             (A) a base fee and additional fee for project
5         savings as the design-builder of a construction
6         project;
7             (B) a development fee, payable on a lump sum basis,
8         progress payment basis, time and materials basis, or
9         another basis deemed appropriate by the transportation
10         agency;
11             (C) an operations fee, payable on a lump-sum basis,
12         time and material basis, periodic basis, or another
13         basis deemed appropriate by the transportation agency;
14             (D) some or all of the revenues, if any, arising
15         out of operation of the transportation project;
16             (E) a maximum rate of return on investment or
17         return on equity or a combination of the 2;
18             (F) in-kind services, materials, property,
19         equipment, or other items;
20             (G) compensation in the event of any termination;
21         or
22             (H) other compensation set forth in the
23         public-private agreement or otherwise deemed
24         appropriate by the transportation agency.
25         (10) Compensation or payments to the transportation
26     agency, if any. Compensation or payments may include any or

 

 

SB0378 - 14 - LRB095 04599 DRH 24656 b

1     a combination of the following:
2             (A) a concession or lease payment or other fee,
3         which may be payable upfront or on a periodic basis or
4         on another basis deemed appropriate by the
5         transportation agency;
6             (B) sharing of revenues, if any, from the operation
7         of the transportation project;
8             (C) sharing of project savings from the
9         construction of the transportation project;
10             (D) payment for any services, materials,
11         equipment, personnel, or other items provided by the
12         transportation agency to the contractor under the
13         public-private agreement or in connection with the
14         transportation project; or
15             (E) other compensation set forth in the
16         public-private agreement or otherwise deemed
17         appropriate by the transportation agency.
18         (11) The date and terms of termination of the
19     contractor's authority and duties under the public-private
20     agreement and the circumstances under which the
21     contractor's authority and duties may be terminated prior
22     to that date.
23         (12) Reversion of the transportation project to the
24     transportation agency at the termination or expiration of
25     the public-private agreement.
26         (13) Rights and remedies of the transportation agency

 

 

SB0378 - 15 - LRB095 04599 DRH 24656 b

1     in the event that the contractor defaults or otherwise
2     fails to comply with the terms of the public-private
3     agreement.
4         (14) Other terms, conditions, and provisions that the
5     transportation agency believes are in the public interest.
6     (c) The transportation agency may fix and revise the
7 amounts of user fees that a contractor may charge and collect
8 for the use of any part of a transportation project in
9 accordance with the public-private agreement. In fixing the
10 amounts, the transportation agency may establish maximum
11 amounts for the user fees and may provide that the maximums and
12 any increases or decreases of those maximums shall be based
13 upon the indices, methodologies, or other factors the
14 transportation agency considers appropriate.
15     (d) A public-private agreement may:
16         (1) authorize the imposition of tolls in any manner
17     determined appropriate by the transportation agency for
18     the transportation project;
19         (2) authorize the contractor to adjust the user fees
20     for the use of the transportation project, so long as the
21     amounts charged and collected by the contractor do not
22     exceed the maximum amounts established by the
23     transportation agency under this Act;
24         (3) provide that any adjustment by the contractor
25     permitted under paragraph (2) of this subsection (d) may be
26     based on the indices, methodologies, or other factors

 

 

SB0378 - 16 - LRB095 04599 DRH 24656 b

1     described in the public-private agreement or approved by
2     the transportation agency;
3         (4) authorize the contractor to charge and collect user
4     fees through manual and non-manual methods, including, but
5     not limited to, automatic vehicle identification systems,
6     electronic toll collection systems, and, to the extent
7     permitted by law, global positioning system-based,
8     photo-based, or video-based toll collection enforcement;
9     and
10         (5) authorize the collection of user fees by a third
11     party.
12     (e) In the public-private agreement, the transportation
13 agency may agree to make grants or loans for the development or
14 operation, or both, of the transportation project from time to
15 time from amounts received from the federal government or any
16 agency or instrumentality of the federal government or from any
17 State or local agency.
18     (f) Upon the termination or expiration of the
19 public-private agreement, including a termination for default,
20 the transportation agency shall have the right to take over the
21 transportation project and to succeed to all of the right,
22 title, and interest in the transportation project, subject to
23 any liens on revenues previously granted by the contractor to
24 any person providing financing for the transportation project.
25     (g) If a transportation agency elects to take over a
26 transportation project as provided in subsection (f), the

 

 

SB0378 - 17 - LRB095 04599 DRH 24656 b

1 transportation agency may do the following:
2         (1) develop, finance, or operate the project; or
3         (2) impose, collect, retain, and use user fees, if any,
4     for the project.
5     (h) If a transportation agency elects to take over a
6 transportation project as provided in subsection (f), the
7 transportation agency may use the revenues, if any, for any
8 lawful purpose, including to:
9         (1) make payments to individuals or entities in
10     connection with any financing of the transportation
11     project;
12         (2) pay development costs of the project;
13         (3) pay current operation costs of the project or
14     facilities;
15         (4) pay the contractor for any compensation or payment
16     owing upon termination; and
17         (5) pay for the development, financing, or operation of
18     any other project or projects the transportation agency
19     deems appropriate.
20     (i) The full faith and credit of the State or any political
21 subdivision of the State or the transportation agency is not
22 pledged to secure any financing of the contractor by the
23 election to take over the transportation project. Assumption of
24 development or operation, or both, of the transportation
25 project does not obligate the State or any political
26 subdivision of the State or the transportation agency to pay

 

 

SB0378 - 18 - LRB095 04599 DRH 24656 b

1 any obligation of the contractor.
2     (j) Notwithstanding any other provision of this Act, the
3 transportation agency may enter into a public-private
4 agreement with multiple private entities if the transportation
5 agency determines in writing that it is in the public interest
6 to do so.
 
7     Section 30. Development and operations standards for
8 transportation projects.
9     (a) The plans and specifications, if any, for each project
10 developed under this Act must comply with:
11         (1) the transportation agency's standards for other
12     projects of a similar nature or as otherwise provided in
13     the public-private agreement; and
14         (2) any other applicable State or federal standards.
15     (b) Each highway project constructed or operated under this
16 Act is considered to be part of:
17         (1) the State highway system for purposes of
18     identification, maintenance standards, and enforcement of
19     traffic laws if the highway project is under the
20     jurisdiction of the Department; or
21         (2) the toll highway system for purposes of
22     identification, maintenance standards, and enforcement of
23     traffic laws if the highway project is under the
24     jurisdiction of the Authority.
25     (c) Any local or State agency may enter into agreements

 

 

SB0378 - 19 - LRB095 04599 DRH 24656 b

1 with the contractor for maintenance or other services under
2 this Act.
 
3     Section 35. Financial arrangements.
4     (a) The transportation agency may do any combination of
5 applying for, executing, or endorsing applications submitted
6 by private entities to obtain federal, State, or local credit
7 assistance for transportation projects developed, financed, or
8 operated under this Act, including loans, lines of credit, and
9 guarantees.
10     (b) The transportation agency may take any action to obtain
11 federal, State, or local assistance for a transportation
12 project that serves the public purpose of this Act and may
13 enter into any contracts required to receive the federal
14 assistance. The transportation agency may determine that it
15 serves the public purpose of this Act for all or any portion of
16 the costs of a transportation project to be paid, directly or
17 indirectly, from the proceeds of a grant or loan, line of
18 credit, or loan guarantee made by a local, State, or federal
19 government or any agency or instrumentality of a local, State,
20 or federal government.
21     (c) The transportation agency may agree to make grants or
22 loans for the development, financing, or operation of a
23 transportation project from time to time, from amounts received
24 from the federal, State, or local government or any agency or
25 instrumentality of the federal, State, or local government.

 

 

SB0378 - 20 - LRB095 04599 DRH 24656 b

1     (d) Any financing of a transportation project may be in the
2 amounts and upon the terms and conditions that are determined
3 by the parties to the public-private agreement.
4     (e) For the purpose of financing a transportation project,
5 the contractor and the transportation agency may do the
6 following:
7         (1) propose to use any and all revenues that may be
8     available to them;
9         (2) enter into grant agreements;
10         (3) access any other funds available to the
11     transportation agency; and
12         (4) accept grants from the transportation agency or
13     other public or private agency or entity.
14     (f) For the purpose of financing a transportation project,
15 public funds may be used and mixed and aggregated with funds
16 provided by or on behalf of the contractor or other private
17 entities.
18     (g) For the purpose of financing a transportation project,
19 each transportation agency is authorized to apply for an
20 allocation of tax-exempt bond financing authorization provided
21 by Section 11143 of the Federal Safe, Accountable, Flexible,
22 Efficient Transportation Equity Act: A Legacy for Users
23 (SAFETEA-LU), Public Law 109-59, as well as financing available
24 under any other federal law or program.
25     (h) Any bonds, debt, or other securities or other financing
26 issued for the purposes of this Act shall not be deemed to

 

 

SB0378 - 21 - LRB095 04599 DRH 24656 b

1 constitute a debt of the State or any political subdivision of
2 the State or a pledge of the faith and credit of the State or
3 any political subdivision of the State.
 
4     Section 40. Acquisition of property.
5     (a) The transportation agency may exercise any power of
6 condemnation that it has under law for the purpose of acquiring
7 any lands or estates or interests in land for a transportation
8 project to the extent provided in the public-private agreement
9 or otherwise to the extent that the transportation agency finds
10 that the action serves the public purpose of this Act.
11     (b) The transportation agency and a contractor may enter
12 into the leases, licenses, easements, and other grants of
13 property interests that the transportation agency determines
14 necessary to carry out this Act.
 
15     Section 45. Labor; law enforcement.
16     (a) A public-private agreement related to a transportation
17 project pertaining to an existing transportation facility
18 shall require the contractor to assume all existing collective
19 bargaining agreement obligations related to employees of the
20 transportation agency employed in relation to that facility.
21     (b) A public-private agreement related to a transportation
22 project pertaining to a new transportation facility shall
23 require the contractor to enter into a project labor agreement
24 that must include provisions establishing the minimum hourly

 

 

SB0378 - 22 - LRB095 04599 DRH 24656 b

1 wage, benefits, and other compensation for each class of labor
2 organization employee and such other terms as are negotiated
3 between the contractor and the labor organizations.
4     (c) All law enforcement officers of the State and of each
5 affected local jurisdiction have the same powers and
6 jurisdiction within the limits of the transportation project as
7 they have in their respective areas of jurisdiction.
8     (d) Law enforcement officers shall have access to the
9 transportation project at any time for the purpose of
10 exercising the law enforcement officers' powers and
11 jurisdiction.
12     (e) The traffic and motor vehicle laws of the State of
13 Illinois or, if applicable, any local jurisdiction shall be the
14 same as those applying to conduct on similar projects in the
15 State of Illinois or the local jurisdiction.
16     (f) Punishment for infractions and offenses shall be as
17 prescribed by law for conduct occurring on similar projects in
18 the State of Illinois or the local jurisdiction.
 
19     Section 50. Term of agreement; reversion of property to
20 transportation agency.
21     (a) The term of a public-private agreement, including all
22 extensions, may not exceed 99 years.
23     (b) The transportation agency shall terminate the
24 contractor's authority and duties under the public-private
25 agreement on the date set forth in the public-private

 

 

SB0378 - 23 - LRB095 04599 DRH 24656 b

1 agreement.
2     (c) Upon termination of the public-private agreement, the
3 authority and duties of the contractor under this Act cease,
4 except for those duties and obligations that extend beyond the
5 termination, as set forth in the public-private agreement, and
6 the transportation project shall revert to the transportation
7 agency.
 
8     Section 55. Additional powers of transportation agencies
9 with respect to transportation projects.
10     (a) Each transportation agency may exercise any powers
11 provided under this Act in participation or cooperation with
12 any governmental entity and enter into any contracts to
13 facilitate that participation or cooperation without
14 compliance with any other statute.
15     (b) Each transportation agency may make and enter into all
16 contracts and agreements necessary or incidental to the
17 performance of the transportation agency's duties and the
18 execution of the transportation agency's powers under this Act.
19 Except as otherwise required by law, these contracts or
20 agreements are not subject to any approvals other than the
21 approval of the transportation agency and may be for any term
22 of years and contain any terms that are considered reasonable
23 by the transportation agency.
24     (c) Each transportation agency may pay the costs incurred
25 under a public-private agreement entered into under this Act

 

 

SB0378 - 24 - LRB095 04599 DRH 24656 b

1 from any funds available to the transportation agency under
2 this Act or any other statute.
3     (d) A transportation agency or other State agency may not
4 take any action that would impair a public-private agreement
5 entered into under this Act.
6     (e) Each transportation agency may enter into an agreement
7 between and among the contractor, the transportation agency,
8 and the Department of State Police concerning the provision of
9 law enforcement assistance with respect to a transportation
10 project that is the subject of a public-private agreement under
11 this Act.
12     (f) Each transportation agency is authorized to enter into
13 arrangements with the Department of State Police related to
14 costs incurred in providing law enforcement assistance under
15 this Act.
 
16     Section 60. Prohibited local action. A unit of local
17 government may not take any action that would have the effect
18 of impairing a public-private agreement under this Act.
 
19     Section 65. Powers liberally construed. The powers
20 conferred by this Act shall be liberally construed in order to
21 accomplish their purposes and shall be in addition and
22 supplemental to the powers conferred by any other law. If any
23 other law or rule is inconsistent with this Act, this Act is
24 controlling as to any public-private agreement entered into

 

 

SB0378 - 25 - LRB095 04599 DRH 24656 b

1 under this Act.
 
2     Section 70. Full and complete authority. This Act contains
3 full and complete authority for agreements and leases with
4 private entities to carry out the activities described in this
5 Act. Except as otherwise required by law, no procedure,
6 proceedings, publications, notices, consents, approvals,
7 orders, or acts by the transportation agency or any other State
8 or local agency or official are required to enter into an
9 agreement or lease.
 
10     Section 905. The Department of Transportation Law of the
11 Civil Administrative Code of Illinois is amended by adding
12 Section 2705-220 as follows:
 
13     (20 ILCS 2705/2705-220 new)
14     Sec. 2705-220. Public-private partnerships for
15 transportation. The Department may exercise all powers granted
16 to it under the Public-Private Partnerships for Transportation
17 Act.
 
18     Section 910. The Illinois Finance Authority Act is amended
19 by adding Section 825-90 as follows:
 
20     (20 ILCS 3501/825-90 new)
21     Sec. 825-90. Transportation project financing. For the

 

 

SB0378 - 26 - LRB095 04599 DRH 24656 b

1 purpose of financing a transportation project undertaken under
2 the Public-Private Partnerships for Transportation Act, the
3 Authority is authorized to apply for an allocation of
4 tax-exempt bond financing authorization provided by Section
5 11143 of the Federal Safe, Accountable, Flexible, Efficient
6 Transportation Equity Act: A Legacy for Users (SAFETEA-LU),
7 Public Law 109-59, as well as financing available under any
8 other federal law or program.
 
9     Section 915. The Illinois Procurement Code is amended by
10 changing Section 1-10 as follows:
 
11     (30 ILCS 500/1-10)
12     Sec. 1-10. Application.
13     (a) This Code applies only to procurements for which
14 contractors were first solicited on or after July 1, 1998. This
15 Code shall not be construed to affect or impair any contract,
16 or any provision of a contract, entered into based on a
17 solicitation prior to the implementation date of this Code as
18 described in Article 99, including but not limited to any
19 covenant entered into with respect to any revenue bonds or
20 similar instruments. All procurements for which contracts are
21 solicited between the effective date of Articles 50 and 99 and
22 July 1, 1998 shall be substantially in accordance with this
23 Code and its intent.
24     (b) This Code shall apply regardless of the source of the

 

 

SB0378 - 27 - LRB095 04599 DRH 24656 b

1 funds with which the contracts are paid, including federal
2 assistance moneys. This Code shall not apply to:
3         (1) Contracts between the State and its political
4     subdivisions or other governments, or between State
5     governmental bodies except as specifically provided in
6     this Code.
7         (2) Grants, except for the filing requirements of
8     Section 20-80.
9         (3) Purchase of care.
10         (4) Hiring of an individual as employee and not as an
11     independent contractor, whether pursuant to an employment
12     code or policy or by contract directly with that
13     individual.
14         (5) Collective bargaining contracts.
15         (6) Purchase of real estate.
16         (7) Contracts necessary to prepare for anticipated
17     litigation, enforcement actions, or investigations,
18     provided that the chief legal counsel to the Governor shall
19     give his or her prior approval when the procuring agency is
20     one subject to the jurisdiction of the Governor, and
21     provided that the chief legal counsel of any other
22     procuring entity subject to this Code shall give his or her
23     prior approval when the procuring entity is not one subject
24     to the jurisdiction of the Governor.
25         (8) Contracts for services to Northern Illinois
26     University by a person, acting as an independent

 

 

SB0378 - 28 - LRB095 04599 DRH 24656 b

1     contractor, who is qualified by education, experience, and
2     technical ability and is selected by negotiation for the
3     purpose of providing non-credit educational service
4     activities or products by means of specialized programs
5     offered by the university.
6         (9) Procurement expenditures by the Illinois
7     Conservation Foundation when only private funds are used.
8         (10) Public-private agreements entered into according
9     to the procurement requirements of Section 20 of the
10     Public-Private Partnerships for Transportation Act.
11 (Source: P.A. 91-627, eff. 8-19-99; 91-904, eff. 7-6-00;
12 92-797, eff. 8-15-02.)
 
13     Section 920. The Public Construction Bond Act is amended by
14 adding Section 1.5 as follows:
 
15     (30 ILCS 550/1.5 new)
16     Sec. 1.5. Public-private agreements. This Act applies to
17 any public-private agreement entered into under the
18 Public-Private Partnerships for Transportation Act or Article
19 II-A of the Regional Transportation Authority Act.
 
20     Section 925. The Public Works Preference Act is amended by
21 adding Section 4.5 as follows:
 
22     (30 ILCS 560/4.5 new)

 

 

SB0378 - 29 - LRB095 04599 DRH 24656 b

1     Sec. 4.5. Public-private agreements. This Act applies to
2 any public-private agreement entered into under the
3 Public-Private Partnerships for Transportation Act or Article
4 II-A of the Regional Transportation Authority Act.
 
5     Section 930. The Employment of Illinois Workers on Public
6 Works Act is amended by adding Section 2.5 as follows:
 
7     (30 ILCS 570/2.5 new)
8     Sec. 2.5. Public-private agreements. This Act applies to
9 any public-private agreement entered into under the
10 Public-Private Partnerships for Transportation Act or Article
11 II-A of the Regional Transportation Authority Act.
 
12     Section 935. The Business Enterprise for Minorities,
13 Females, and Persons with Disabilities Act is amended by adding
14 Section 2.5 as follows:
 
15     (30 ILCS 575/2.5 new)
16     (Section scheduled to be repealed on September 6, 2008)
17     Sec. 2.5. Public-private agreements. This Act applies to
18 any public-private agreement entered into under the
19 Public-Private Partnerships for Transportation Act.
 
20     Section 940. The Retailers' Occupation Tax Act is amended
21 by adding Section 1q as follows:
 

 

 

SB0378 - 30 - LRB095 04599 DRH 24656 b

1     (35 ILCS 120/1q new)
2     Sec. 1q. Building materials exemption; public-private
3 partnership transportation projects.
4     (a) Each retailer that makes a qualified sale of building
5 materials to be incorporated into a "project" as defined in the
6 Public-Private Partnerships for Transportation Act or Article
7 II-A of the Regional Transportation Authority Act, by
8 remodeling, rehabilitating, or new construction, may deduct
9 receipts from those sales when calculating the tax imposed by
10 this Act.
11     (b) As used in this Section, "qualified sale" means a sale
12 of building materials that will be incorporated into a project
13 for which a Certificate of Eligibility for Sales Tax Exemption
14 has been issued by the agency having authority over the
15 project.
16     (c) To document the exemption allowed under this Section,
17 the retailer must obtain from the purchaser a copy of the
18 Certificate of Eligibility for Sales Tax Exemption issued by
19 the agency having jurisdiction over the project into which the
20 building materials will be incorporated is located. The
21 Certificate of Eligibility for Sales Tax Exemption must contain
22 all of the following:
23         (1) a statement that the project identified in the
24     Certificate meets all the requirements of the agency having
25     authority over the project;

 

 

SB0378 - 31 - LRB095 04599 DRH 24656 b

1         (2) the location or address of the project; and
2         (3) the signature of the director of the agency with
3     authority over the project or the director's delegate.
4     (d) In addition to meeting the requirements of subsection
5 (c), the retailer must obtain a certificate from the purchaser
6 that contains all of the following:
7         (1) a statement that the building materials are being
8     purchased for incorporation into a project in accordance
9     with the Public-Private Partnerships for Transportation
10     Act;
11         (2) the location or address of the project into which
12     the building materials will be incorporated;
13         (3) the name of the project;
14         (4) a description of the building materials being
15     purchased; and
16         (5) the purchaser's signature and date of purchase.
17     (e) This Section is exempt from Section 2-70 of this Act.
 
18     Section 945. The Property Tax Code is amended by changing
19 Sections 15-55 and 15-100 as follows:
 
20     (35 ILCS 200/15-55)
21     Sec. 15-55. State property.
22     (a) All property belonging to the State of Illinois is
23 exempt. However, the State agency holding title shall file the
24 certificate of ownership and use required by Section 15-10,

 

 

SB0378 - 32 - LRB095 04599 DRH 24656 b

1 together with a copy of any written lease or agreement, in
2 effect on March 30 of the assessment year, concerning parcels
3 of 1 acre or more, or an explanation of the terms of any oral
4 agreement under which the property is leased, subleased or
5 rented.
6     The leased property shall be assessed to the lessee and the
7 taxes thereon extended and billed to the lessee, and collected
8 in the same manner as for property which is not exempt. The
9 lessee shall be liable for the taxes and no lien shall attach
10 to the property of the State.
11     For the purposes of this Section, the word "leases"
12 includes licenses, franchises, operating agreements and other
13 arrangements under which private individuals, associations or
14 corporations are granted the right to use property of the
15 Illinois State Toll Highway Authority and includes all property
16 of the Authority used by others without regard to the size of
17 the leased parcel.
18     (b) However, all property of every kind belonging to the
19 State of Illinois, which is or may hereafter be leased to the
20 Illinois Prairie Path Corporation, shall be exempt from all
21 assessments, taxation or collection, despite the making of any
22 such lease, if it is used for:
23         (1) conservation, nature trail or any other
24     charitable, scientific, educational or recreational
25     purposes with public benefit, including the preserving and
26     aiding in the preservation of natural areas, objects,

 

 

SB0378 - 33 - LRB095 04599 DRH 24656 b

1     flora, fauna or biotic communities;
2         (2) the establishment of footpaths, trails and other
3     protected areas;
4         (3) the conservation of the proper use of natural
5     resources or the promotion of the study of plant and animal
6     communities and of other phases of ecology, natural history
7     and conservation;
8         (4) the promotion of education in the fields of nature,
9     preservation and conservation; or
10         (5) similar public recreational activities conducted
11     by the Illinois Prairie Path Corporation.
12     No lien shall attach to the property of the State. No tax
13 liability shall become the obligation of or be enforceable
14 against Illinois Prairie Path Corporation.
15     (c) If the State sells the James R. Thompson Center or the
16 Elgin Mental Health Center and surrounding land located at 750
17 S. State Street, Elgin, Illinois, as provided in subdivision
18 (a)(2) of Section 7.4 of the State Property Control Act, to
19 another entity whose property is not exempt and immediately
20 thereafter enters into a leaseback or other agreement that
21 directly or indirectly gives the State a right to use, control,
22 and possess the property, that portion of the property leased
23 and occupied exclusively by the State shall remain exempt under
24 this Section. For the property to remain exempt under this
25 subsection (c), the State must retain an option to purchase the
26 property at a future date or, within the limitations period for

 

 

SB0378 - 34 - LRB095 04599 DRH 24656 b

1 reverters, the property must revert back to the State.
2     If the property has been conveyed as described in this
3 subsection (c), the property is no longer exempt pursuant to
4 this Section as of the date when:
5         (1) the right of the State to use, control, and possess
6     the property has been terminated; or
7         (2) the State no longer has an option to purchase or
8     otherwise acquire the property and there is no provision
9     for a reverter of the property to the State within the
10     limitations period for reverters.
11     Pursuant to Sections 15-15 and 15-20 of this Code, the
12 State shall notify the chief county assessment officer of any
13 transaction under this subsection (c). The chief county
14 assessment officer shall determine initial and continuing
15 compliance with the requirements of this Section for tax
16 exemption. Failure to notify the chief county assessment
17 officer of a transaction under this subsection (c) or to
18 otherwise comply with the requirements of Sections 15-15 and
19 15-20 of this Code shall, in the discretion of the chief county
20 assessment officer, constitute cause to terminate the
21 exemption, notwithstanding any other provision of this Code.
22     (c-1) If the Illinois State Toll Highway Authority sells
23 the Illinois State Toll Highway Authority headquarters
24 building and surrounding land, located at 2700 Ogden Avenue,
25 Downers Grove, Illinois as provided in subdivision (a)(2) of
26 Section 7.5 of the State Property Control Act, to another

 

 

SB0378 - 35 - LRB095 04599 DRH 24656 b

1 entity whose property is not exempt and immediately thereafter
2 enters into a leaseback or other agreement that directly or
3 indirectly gives the State or the Illinois State Toll Highway
4 Authority a right to use, control, and possess the property,
5 that portion of the property leased and occupied exclusively by
6 the State or the Authority shall remain exempt under this
7 Section. For the property to remain exempt under this
8 subsection (c), the Authority must retain an option to purchase
9 the property at a future date or, within the limitations period
10 for reverters, the property must revert back to the Authority.
11     If the property has been conveyed as described in this
12 subsection (c), the property is no longer exempt pursuant to
13 this Section as of the date when:
14         (1) the right of the State or the Authority to use,
15     control, and possess the property has been terminated; or
16         (2) the Authority no longer has an option to purchase
17     or otherwise acquire the property and there is no provision
18     for a reverter of the property to the Authority within the
19     limitations period for reverters.
20     Pursuant to Sections 15-15 and 15-20 of this Code, the
21 Authority shall notify the chief county assessment officer of
22 any transaction under this subsection (c). The chief county
23 assessment officer shall determine initial and continuing
24 compliance with the requirements of this Section for tax
25 exemption. Failure to notify the chief county assessment
26 officer of a transaction under this subsection (c) or to

 

 

SB0378 - 36 - LRB095 04599 DRH 24656 b

1 otherwise comply with the requirements of Sections 15-15 and
2 15-20 of this Code shall, in the discretion of the chief county
3 assessment officer, constitute cause to terminate the
4 exemption, notwithstanding any other provision of this Code.
5     (d) However, The fair market rent of each parcel of real
6 property in Will County owned by the State of Illinois for the
7 purpose of developing an airport by the Department of
8 Transportation shall include the assessed value of leasehold
9 tax. The lessee of each parcel of real property in Will County
10 owned by the State of Illinois for the purpose of developing an
11 airport by the Department of Transportation shall not be liable
12 for the taxes thereon. In order for the State to compensate
13 taxing districts for the leasehold tax under this paragraph the
14 Will County Supervisor of Assessments shall certify, in
15 writing, to the Department of Transportation, the amount of
16 leasehold taxes extended for the 2002 property tax year for
17 each such exempt parcel. The Department of Transportation shall
18 pay to the Will County Treasurer, from the Tax Recovery Fund,
19 on or before July 1 of each year, the amount of leasehold taxes
20 for each such exempt parcel as certified by the Will County
21 Supervisor of Assessments. The tax compensation shall
22 terminate on December 31, 2010. It is the duty of the
23 Department of Transportation to file with the Office of the
24 Will County Supervisor of Assessments an affidavit stating the
25 termination date for rental of each such parcel due to airport
26 construction. The affidavit shall include the property

 

 

SB0378 - 37 - LRB095 04599 DRH 24656 b

1 identification number for each such parcel. In no instance
2 shall tax compensation for property owned by the State be
3 deemed delinquent or bear interest. In no instance shall a lien
4 attach to the property of the State. In no instance shall the
5 State be required to pay leasehold tax compensation in excess
6 of the Tax Recovery Fund's balance.
7     (e) (d) Public Act 81-1026 applies to all leases or
8 agreements entered into or renewed on or after September 24,
9 1979.
10     (f) Notwithstanding anything to the contrary in this
11 Section, all property owned by the State or the Illinois State
12 Toll Highway Authority that is defined as a transportation
13 project under the Public-Private Partnerships for
14 Transportation Act and that is used for transportation purposes
15 and that is leased for those purposes to another entity whose
16 property is not exempt shall remain exempt, and any leasehold
17 interest in the property shall not be subject to taxation under
18 Section 9-195 of this Act.
19 (Source: P.A. 93-19, eff. 6-20-03; 93-658, eff. 1-22-04;
20 revised 1-22-04.)
 
21     (35 ILCS 200/15-100)
22     Sec. 15-100. Public transportation systems.
23     (a) All property belonging to any municipal corporation
24 created for the sole purpose of owning and operating a
25 transportation system for public service is exempt.

 

 

SB0378 - 38 - LRB095 04599 DRH 24656 b

1     (b) Property owned by (i) a municipal corporation of
2 500,000 or more inhabitants, used for public transportation
3 purposes, and operated by the Chicago Transit Authority; (ii)
4 the Regional Transportation Authority; (iii) any service board
5 or division of the Regional Transportation Authority; (iv) the
6 Northeast Illinois Regional Commuter Railroad Corporation; or
7 (v) the Chicago Transit Authority shall be exempt. For purposes
8 of this Section alone, the Regional Transportation Authority,
9 any service board or division of the Regional Transportation
10 Authority, the Northeast Illinois Regional Commuter Railroad
11 Corporation, the Chicago Transit Authority, or a municipal
12 corporation, as defined in item (i), shall be deemed an
13 "eligible transportation authority".
14      The exemption provided in this subsection shall not be
15 affected by any transaction in which: ,
16         (1) for the purpose of obtaining financing, the
17     eligible transportation authority, directly or indirectly,
18     leases or otherwise transfers such property to another
19     whose property is not exempt and immediately thereafter
20     enters into a leaseback or other agreement that directly or
21     indirectly gives the eligible transportation authority a
22     right to use, control, and possess the property; or
23         (2) the eligible transportation authority leases, to
24     another entity whose property is not exempt, property that
25     is defined as a mass transportation project under Article
26     II-A of the Regional Transportation Authority Act and used

 

 

SB0378 - 39 - LRB095 04599 DRH 24656 b

1     for transportation purposes.
2     In the case of a conveyance of such property, the eligible
3 transportation authority must retain an option to purchase the
4 property at a future date or, within the limitations period for
5 reverters, the property must revert back to the eligible
6 transportation authority.
7     (c) If such property has been conveyed as described in
8 paragraph (1) of subsection (b), the property will no longer be
9 exempt pursuant to this Section as of the date when:
10         (1) the right of the eligible transportation authority
11     to use, control, and possess the property has been
12     terminated;
13         (2) the eligible transportation authority no longer
14     has an option to purchase or otherwise acquire the
15     property; and
16         (3) there is no provision for a reverter of the
17     property to the eligible transportation authority within
18     the limitations period for reverters.
19     (d) Pursuant to Sections 15-15 and 15-20 of this Code, the
20 eligible transportation authority shall notify the chief
21 county assessment officer of any transaction under subsection
22 (b) of this Section. The chief county assessment officer shall
23 determine initial and continuing compliance with the
24 requirements of this Section for tax exemption. Failure to
25 notify the chief county assessment officer of a transaction
26 under this Section or to otherwise comply with the requirements

 

 

SB0378 - 40 - LRB095 04599 DRH 24656 b

1 of Sections 15-15 and 15-20 of this Code shall, in the
2 discretion of the chief county assessment officer, constitute
3 cause to terminate the exemption, notwithstanding any other
4 provision of this Code.
5     (e) No provision of this Section shall be construed to
6 affect the obligation of the eligible transportation authority
7 to which an exemption certificate has been issued under this
8 Section from its obligation under Section 15-10 of this Code to
9 file an annual certificate of status or to notify the chief
10 county assessment officer of transfers of interest or other
11 changes in the status of the property as required by this Code.
12     (f) The changes made by this amendatory Act of 1997 are
13 declarative of existing law and shall not be construed as a new
14 enactment.
15 (Source: P.A. 90-562, eff. 12-16-97.)
 
16     Section 950. The Regional Transportation Authority Act is
17 amended by adding Article II-A and by adding Sections 2A.01,
18 2A.05, 2A.10, 2A.15, 2A.20, 2A.25, 2A.30, 2A.35, 2A.40, 2A.45,
19 2A.50, and 2A.55 as follows:
 
20     (70 ILCS 3615/Art. II-A heading new)
21
ARTICLE II-A. PUBLIC-PRIVATE PARTNERSHIPS.

 
22     (70 ILCS 3615/2A.01 new)
23     Sec. 2A.01. Definitions. As used in this Article:

 

 

SB0378 - 41 - LRB095 04599 DRH 24656 b

1     "Contractor" means a private entity that has entered into a
2 public-private agreement with the Authority or a Service Board
3 to provide services to or on behalf of the Authority or the
4 Service Board.
5     "Develop" or "development" means to do one or more of the
6 following: plan, design, develop, lease, acquire, install,
7 construct, reconstruct, rehabilitate, extend, or expand.
8     "Maintain" or "maintenance" includes ordinary maintenance,
9 repair, rehabilitation, capital maintenance, maintenance
10 replacement, and any other categories of maintenance that may
11 be designated by the Authority or a Service Board.
12     "Mass transportation project" or "project" means all or any
13 portion of a project undertaken under this Article with respect
14 to any new or existing mass transit facility, public
15 transportation facility, or other transportation facility or
16 infrastructure under the jurisdiction of the Authority or a
17 Service Board.
18     "Offeror" means a private entity that has submitted a
19 proposal for a public-private agreement under this Article.
20     "Private entity" means any combination of one or more
21 individuals, corporations, general partnerships, limited
22 liability companies, limited partnerships, joint ventures,
23 business trusts, nonprofit entities, or other business
24 entities that are parties to a proposal for a mass
25 transportation project or an agreement related to a mass
26 transportation project. A public agency may provide services to

 

 

SB0378 - 42 - LRB095 04599 DRH 24656 b

1 a contractor as a subcontractor or subconsultant without
2 affecting the private status of the private entity and the
3 ability to enter into a public-private agreement.
4     "Public-private agreement" means the public-private
5 agreement between the contractor and the Authority or a Service
6 Board relating to one or more of the development, financing, or
7 operation of a mass transportation project that is entered into
8 under this Article.
9     "Request for proposals" means all materials and documents
10 prepared by or on behalf of the Authority or a Service Board to
11 solicit proposals from offerors to enter into a public-private
12 agreement.
13     "Request for qualifications" means all materials and
14 documents prepared by or on behalf of the Authority or a
15 Service Board to solicit qualification submittals from
16 offerors to enter into a public-private agreement.
17     "Revenues" means all revenues, including any combination
18 of: income; earnings and interest; user fees; lease payments;
19 allocations; federal, State, and local appropriations, grants,
20 loans, lines of credit, and credit guarantees; bond proceeds;
21 equity investments; service payments; or other receipts;
22 arising out of or in connection with a transportation project,
23 including the development, financing, and operation of a
24 transportation project. The term includes money received as
25 grants, loans, lines of credit, credit guarantees, or otherwise
26 in aid of a mass transportation project from the federal

 

 

SB0378 - 43 - LRB095 04599 DRH 24656 b

1 government, the State, a unit of local government, or any
2 agency or instrumentality of the federal government, the State,
3 or a unit of local government.
4     "User fees" means the rates, fees, or other charges imposed
5 by the contractor for use of all or a portion of a mass
6 transportation project under a public-private agreement.
 
7     (70 ILCS 3615/2A.05 new)
8     Sec. 2A.05. Formation of public-private agreements;
9 project planning.
10     (a) The Authority and the Service Boards may exercise the
11 powers granted by this Article to do some or all of develop,
12 finance, and operate any part of one or more mass
13 transportation projects through public-private agreements with
14 one or more private entities. The Authority and each of the
15 Service Boards may use the revenues arising out of one mass
16 transportation project or public-private agreement and use
17 them for some or all of developing, financing, and operating
18 any part of one or more additional or other mass transportation
19 projects through public-private agreements with one or more
20 private entities or as otherwise deemed appropriate by the
21 Authority or the Service Board.
22     (b) A contractor has:
23         (1) all powers allowed by law generally to a private
24     entity having the same form of organization as the
25     contractor; and

 

 

SB0378 - 44 - LRB095 04599 DRH 24656 b

1         (2) the power to develop, finance, and operate the mass
2     transportation project and impose user fees in connection
3     with the use of the mass transportation project, subject to
4     the terms of the public-private agreement.
5     No user fees may be imposed by the contractor except as set
6 forth in a public-private agreement.
7     (c) Each year, at least 30 days prior to the beginning of
8 the Authority's and each Service Board's fiscal year, the
9 Authority and each Service Board shall submit a description of
10 potential projects that the Authority and each Service Board is
11 considering undertaking under this Article to:
12         (1) the General Assembly, with respect to all such
13     projects;
14         (2) each county, municipality, and metropolitan
15     planning organization, with respect to each project
16     located within its boundaries; and
17         (3) the Authority, with respect to each project that
18     each Service Board is considering undertaking.
19     (d) Any project undertaken under this Article shall be
20 subject to all applicable planning requirements otherwise
21 required by law, including land use planning, regional
22 planning, transportation planning, and environmental
23 compliance requirements.
24     (e) Any new transportation facility developed as a project
25 under this Article must be consistent with the metropolitan
26 planning organization's regional plan then in existence with

 

 

SB0378 - 45 - LRB095 04599 DRH 24656 b

1 respect to each project located within a metropolitan planning
2 organization's boundaries.
 
3     (70 ILCS 3615/2A.10 new)
4     Sec. 2A.10. Procurement process.
5     (a) The Authority and each of the Service Boards may
6 request proposals from private entities for some or all of the
7 development, financing, and operation of one or more mass
8 transportation projects.
9     (b) The Authority and each of the Service Boards may pursue
10 a competitive proposal process using a request for
11 qualifications and a request for proposals process or proceed
12 directly to a request for proposals.
13     (c) If the Authority or the Service Board elects to utilize
14 a request for qualifications phase, it shall provide a public
15 notice of the request for qualifications for such period as
16 deemed appropriate or warranted by the Authority or the Service
17 Board and shall set forth requirements and evaluation criteria
18 in the request for qualifications. Upon receipt of
19 qualifications, the Authority or the Service Board shall choose
20 which parties that have submitted qualifications, if any, meet
21 the requirements and evaluation criteria in the request for
22 qualifications and shall issue requests for proposals only to
23 those parties.
24     (d) If the Authority or the Service Board has not issued a
25 request for qualification under this Section and intends to use

 

 

SB0378 - 46 - LRB095 04599 DRH 24656 b

1 only a request for proposals procurement, the Authority or the
2 Service Board shall provide a public notice of the request for
3 proposals for a period deemed appropriate or warranted by the
4 Authority or the Service Board.
5     (e) A request for proposals shall:
6         (1) indicate in general terms the scope of work, goods,
7     and services sought to be procured;
8         (2) contain or incorporate by reference the
9     specifications and contractual terms and conditions
10     applicable to the procurement and the mass transportation
11     project;
12         (3) specify the factors, criteria, and other
13     information that will be used in evaluating the proposals;
14         (4) contain or incorporate by reference the other
15     applicable contractual terms and conditions; and
16         (5) contain or incorporate by reference any other
17     provisions, materials, or documents the Authority or the
18     Service Board deems appropriate.
19     (f) The Authority or the Service Board shall determine the
20 evaluation criteria that are most appropriate for each mass
21 transportation project and shall set forth those criteria in
22 the request for proposals. The Authority or the Service Board
23 may use (i) a selection process that results in selection of
24 the proposal offering the best value to the public, (ii) a
25 selection process that results in selection of the proposal
26 offering the lowest price or cost or the highest payment to, or

 

 

SB0378 - 47 - LRB095 04599 DRH 24656 b

1 revenue sharing with, the Authority or the Service Board, (iii)
2 a selection process that results in the imposition of the
3 lowest amount of user fees, or (iv) any other selection process
4 that the Authority or the Service Board determines is in the
5 best interests of the public.
6     (g) After the procedures required in this Article have been
7 completed, the Authority or the Service Board shall make a
8 determination as to whether the successful offeror should be
9 designated as the contractor for the mass transportation
10 project.
11     (h) After designating the successful offeror as the
12 contractor for the project, the Authority or the Service Board
13 shall execute the public-private agreement and publish notice
14 of the execution of the public-private agreement.
15     (i) Any action to contest the validity of a public-private
16 agreement entered into under this Article must be brought no
17 later than 30 days after the date of publication of the notice
18 of execution of the public-private agreement.
19     (j) In addition to any other rights under this Article, in
20 connection with any procurement under this Article, the
21 following rights are reserved to the Authority and each of the
22 Service Boards:
23         (1) to withdraw a request for qualifications or a
24     request for proposals at any time. The Authority or the
25     Service Board may then publish a new request for
26     qualifications or request for proposals;

 

 

SB0378 - 48 - LRB095 04599 DRH 24656 b

1         (2) to not award a public-private agreement for any
2     reason;
3         (3) to request clarifications to any qualification
4     submittal or request for proposals or seek one or more
5     revised proposals or one or more best and final offers or
6     conduct negotiations with one or more offerors;
7         (4) to modify, during the pendency of a procurement,
8     the terms, provisions, and conditions of a request for
9     qualification or request for proposals or the technical
10     specifications or form of a public-private agreement;
11         (5) to interview offerors; and
12         (6) any other rights available to the Authority or the
13     Service Board under applicable law and regulations.
 
14     (70 ILCS 3615/2A.15 new)
15     Sec. 2A.15. Public-private agreements.
16     (a) Before developing, financing, or operating the mass
17 transportation project, the contractor shall enter into a
18 public-private agreement with the Authority or the Service
19 Board. Subject to the other provisions of this Article, the
20 Authority or the Service Board and a private entity may enter
21 into a public-private agreement with respect to a project.
22 Subject to the requirements of this Article, a public-private
23 agreement may provide that the private entity, acting on behalf
24 of the Authority or the Service Board, is partially or entirely
25 responsible for any combination of developing, financing, or

 

 

SB0378 - 49 - LRB095 04599 DRH 24656 b

1 operating the mass transportation project under terms set forth
2 in the public-private agreement.
3     (b) The public-private agreement may, as determined
4 appropriate by the Authority or the Service Board for the
5 particular mass transportation project, provide for some or all
6 of the following:
7         (1) Construction of the mass transportation project
8     under terms set forth in the public-private agreement,
9     which may include design-build construction.
10         (2) Delivery of performance and payment bonds or other
11     performance security determined suitable by the Authority
12     or the Service Board, including letters of credit, United
13     States bonds and notes, parent guaranties, and cash
14     collateral, in connection with the development, financing,
15     or operation of the mass transportation project, in the
16     forms and amounts set forth in the public-private agreement
17     or otherwise determined as satisfactory by the Authority or
18     the Service Board, to protect the Authority or the Service
19     Board and payment bond beneficiaries who have a direct
20     contractual relationship with the contractor or a
21     subcontractor of the contractor to supply labor or
22     material. The payment or performance bond or alternative
23     form of performance security is not required for the
24     portion of a public-private agreement that includes only
25     design, planning or financing services, the performance of
26     preliminary studies, or the acquisition of real property.

 

 

SB0378 - 50 - LRB095 04599 DRH 24656 b

1         (3) Review of plans for any development or operation,
2     or both, of the mass transportation project by the
3     Authority or the Service Board.
4         (4) Inspection of any construction of or improvements
5     to the mass transportation project by the Authority or the
6     Service Board or another entity designated by the Authority
7     or the Service Board or under the public-private agreement
8     to ensure that the construction or improvements conform to
9     the standards set forth in the public-private agreement or
10     are otherwise acceptable to the Authority or the Service
11     Board.
12         (5) Maintenance of:
13             (A) one or more policies of public liability
14         insurance (copies of which shall be filed with the
15         Authority or the Service Board accompanied by proofs of
16         coverage); or
17             (B) self-insurance;
18     each in form and amount as set forth in the public-private
19     agreement or otherwise satisfactory to the Authority or the
20     Service Board as reasonably sufficient to insure coverage
21     of tort liability to the public and employees and to enable
22     the continued operation of the mass transportation
23     project.
24         (6) Where operations are included within the
25     contractor's obligations under the public-private
26     agreement, monitoring of the maintenance practices of the

 

 

SB0378 - 51 - LRB095 04599 DRH 24656 b

1     contractor by the Authority or the Service Board or another
2     entity designated by the Authority or the Service Board or
3     under the public-private agreement and the taking of the
4     actions the Authority or the Service Board finds
5     appropriate to ensure that the mass transportation project
6     is properly maintained.
7         (7) Reimbursement to be paid to the Authority or the
8     Service Board as set forth in the public-private agreement
9     for services provided by the Authority or the Service
10     Board.
11         (8) Filing of appropriate financial statements and
12     reports as set forth in the public-private agreement or as
13     otherwise in a form acceptable to the Authority or the
14     Service Board on a periodic basis.
15         (9) Compensation or payments to the contractor.
16     Compensation or payments may include any or a combination
17     of the following:
18             (A) a base fee and additional fee for project
19         savings as the design-builder of a construction
20         project;
21             (B) a development fee, payable on a lump sum basis,
22         progress payment basis, time and materials basis, or
23         another basis deemed appropriate by the Authority or
24         the Service Board;
25             (C) an operations fee, payable on a lump-sum basis,
26         time and material basis, periodic basis, or another

 

 

SB0378 - 52 - LRB095 04599 DRH 24656 b

1         basis deemed appropriate by the Authority or the
2         Service Board;
3             (D) some or all of the revenues, if any, arising
4         out of operation of the mass transportation project;
5             (E) a maximum rate of return on investment or
6         return on equity or a combination of the 2;
7             (F) in-kind services, materials, property,
8         equipment, or other items;
9             (G) compensation in the event of any termination;
10         or
11             (H) other compensation set forth in the
12         public-private agreement or otherwise deemed
13         appropriate by the Authority or the Service Board.
14         (10) Compensation or payments to the Authority or the
15     Service Board, if any. Compensation or payments may include
16     any or a combination of the following:
17             (A) a concession or lease payment or other fee,
18         which may be payable upfront or on a periodic basis or
19         on another basis deemed appropriate by the Authority or
20         the Service Board;
21             (B) sharing of revenues, if any, from the operation
22         of the mass transportation project;
23             (C) sharing of project savings from the
24         construction of the mass transportation project;
25             (D) payment for any services, materials,
26         equipment, personnel, or other items provided by the

 

 

SB0378 - 53 - LRB095 04599 DRH 24656 b

1         Authority or the Service Board to the contractor under
2         the public-private agreement or in connection with the
3         mass transportation project; or
4             (E) other compensation set forth in the
5         public-private agreement or otherwise deemed
6         appropriate by the Authority or the Service Board.
7         (11) The date and terms of termination of the
8     contractor's authority and duties under the public-private
9     agreement and the circumstances under which the
10     contractor's authority and duties may be terminated prior
11     to that date.
12         (12) Reversion of the mass transportation project to
13     the Authority or the Service Board at the termination or
14     expiration of the public-private agreement.
15         (13) Rights and remedies of the Authority or the
16     Service Board in the event that the contractor defaults or
17     otherwise fails to comply with the terms of the
18     public-private agreement.
19         (14) Other terms, conditions, and provisions that the
20     Authority or the Service Board believes are in the public
21     interest.
22     (c) The Authority and each Service Board may fix and revise
23 the amounts of user fees that a contractor may charge and
24 collect for the use of any part of a mass transportation
25 project in accordance with the public-private agreement. In
26 fixing the amounts, the Authority and the Service Board may

 

 

SB0378 - 54 - LRB095 04599 DRH 24656 b

1 establish maximum amounts for the user fees and may provide
2 that the maximums and any increases or decreases of those
3 maximums shall be based upon the indices, methodologies, or
4 other factors the Authority or the Service Board considers
5 appropriate.
6     (d) A public-private agreement may:
7         (1) authorize user fees in any manner determined
8     appropriate by the Authority or the Service Board for the
9     mass transportation project;
10         (2) authorize the contractor to adjust the user fees
11     for the use of the mass transportation project, so long as
12     the amounts charged and collected by the contractor do not
13     exceed the maximum amounts established by the Authority or
14     the Service Board under this Article;
15         (3) provide that any adjustment by the contractor
16     permitted under paragraph (2) of this subsection (d) may be
17     based on the indices, methodologies, or other factors
18     described in the public-private agreement or approved by
19     the Authority or the Service Board;
20         (4) authorize the contractor to charge and collect user
21     fees through methods determined appropriate by the
22     Authority or the Service Board for the mass transportation
23     project; and
24         (5) authorize the collection of user fees by a third
25     party.
26     (e) In the public-private agreement, the Authority or the

 

 

SB0378 - 55 - LRB095 04599 DRH 24656 b

1 Service Board may agree to make grants or loans for the
2 development or operation, or both, of the mass transportation
3 project from time to time from amounts received from the
4 federal government or any agency or instrumentality of the
5 federal government or from any State or local agency.
6     (f) Upon the termination or expiration of the
7 public-private agreement, including a termination for default,
8 the Authority or the Service Board shall have the right to take
9 over the mass transportation project and to succeed to all of
10 the right, title, and interest in the mass transportation
11 project, subject to any liens on revenues previously granted by
12 the contractor to any person providing financing for the mass
13 transportation project.
14     (g) If the Authority or a Service Board elects to take over
15 a mass transportation project as provided in subsection (f),
16 the Authority or the Service Board may do the following:
17         (1) develop, finance, or operate the project; or
18         (2) impose, collect, retain, and use user fees, if any,
19     for the project.
20     (h) If a transportation agency elects to take over a mass
21 transportation project as provided in subsection (f), the
22 Authority or the Service Board may use the revenues, if any,
23 for any lawful purpose, including to:
24         (1) make payments to individuals or entities in
25     connection with any financing of the mass transportation
26     project;

 

 

SB0378 - 56 - LRB095 04599 DRH 24656 b

1         (2) pay development costs of the project;
2         (3) pay current operation costs of the project or
3     facilities;
4         (4) pay the contractor for any compensation or payment
5     owing upon termination; and
6         (5) pay for the development, financing, or operation of
7     any other project or projects the Authority or the Service
8     Board deems appropriate.
9     (i) The full faith and credit of the State, any political
10 subdivision of the State, the Authority, or any of the Service
11 Boards is not pledged to secure any financing of the contractor
12 by the election to take over the mass transportation project.
13 Assumption of development or operation, or both, of the mass
14 transportation project does not obligate the State, any
15 political subdivision of the State, the Authority, or any of
16 the Service Boards to pay any obligation of the contractor.
17     (j) Notwithstanding any other provision of this Article,
18 the Authority or a Service Board may enter into a
19 public-private agreement with multiple private entities if the
20 Authority or the Service Board determines in writing that it is
21 in the public interest to do so.
 
22     (70 ILCS 3615/2A.20 new)
23     Sec. 2A.20. Development and operations standards for mass
24 transportation projects.
25     (a) The plans and specifications, if any, for each project

 

 

SB0378 - 57 - LRB095 04599 DRH 24656 b

1 developed under this Article must comply with:
2         (1) the Authority's or the Service Board's standards
3     for other projects of a similar nature or as otherwise
4     provided in the public-private agreement; and
5         (2) any other applicable State or federal standards.
6     (b) Any local or State agency may enter into agreements
7 with the contractor for maintenance or other services under
8 this Article.
 
9     (70 ILCS 3615/2A.25 new)
10     Sec. 2A.25. Financial arrangements.
11     (a) The Authority and each Service Board may do any
12 combination of applying for, executing, or endorsing
13 applications submitted by private entities to obtain federal,
14 State, or local credit assistance for mass transportation
15 projects developed, financed, or operated under this Article,
16 including loans, lines of credit, and guarantees.
17     (b) The Authority and each Service Board may take any
18 action to obtain federal, State, or local assistance for a mass
19 transportation project that serves the public purpose of this
20 Article and may enter into any contracts required to receive
21 the federal assistance. The Authority and each Service Board
22 may determine that it serves the public purpose of this Article
23 for all or any portion of the costs of a mass transportation
24 project to be paid, directly or indirectly, from the proceeds
25 of a grant, loan, line of credit, or loan guarantee made by a

 

 

SB0378 - 58 - LRB095 04599 DRH 24656 b

1 local, State, or federal government or any agency or
2 instrumentality of a local, State, or federal government.
3     (c) The Authority and each Service Board may agree to make
4 grants or loans for the development, financing, or operation of
5 a mass transportation project from time to time from amounts
6 received from the federal, State, or local government or any
7 agency or instrumentality of the federal, State, or local
8 government.
9     (d) Any financing of a mass transportation project may be
10 in the amounts and upon the terms and conditions that are
11 determined by the parties to the public-private agreement.
12     (e) For the purpose of financing a mass transportation
13 project, the contractor, the Authority, and each Service Board
14 may do the following:
15         (1) propose to use any and all revenues that may be
16     available to them;
17         (2) enter into grant agreements;
18         (3) access any other funds available to the Authority
19     or the Service Board; and
20         (4) accept grants from the Authority or the Service
21     Board or another public or private agency or entity.
22     (f) For the purpose of financing a mass transportation
23 project, public funds may be used and mixed and aggregated with
24 funds provided by or on behalf of the contractor or other
25 private entities.
26     (g) For the purpose of financing a mass transportation

 

 

SB0378 - 59 - LRB095 04599 DRH 24656 b

1 project, the Authority and each Service Board shall be
2 authorized to apply for, obtain, issue, and use private
3 activity bonds available under any federal law or program, as
4 well as financing available under any other federal law or
5 program.
6     (h) Any bonds, debt, or other securities or other financing
7 issued for the purposes of this Article shall not be deemed to
8 constitute a debt of the State or any political subdivision of
9 the State or a pledge of the faith and credit of the State or
10 any political subdivision of the State.
 
11     (70 ILCS 3615/2A.30 new)
12     Sec. 2A.30. Acquisition of property.
13     (a) The Authority and each Service Board may exercise any
14 power of condemnation that it has under law for the purpose of
15 acquiring any lands or estates or interests in land for a mass
16 transportation project, to the extent provided in the
17 public-private agreement or otherwise to the extent that the
18 Authority or the Service Board finds that the action serves the
19 public purpose of this Article.
20     (b) The Authority and each Service Board and a contractor
21 may enter into the leases, licenses, easements, and other
22 grants of property interests that the Authority and each
23 Service Board determines necessary to carry out this Article.
 
24     (70 ILCS 3615/2A.35 new)

 

 

SB0378 - 60 - LRB095 04599 DRH 24656 b

1     Sec. 2A.35. Labor; law enforcement.
2     (a) A public-private agreement related to a mass
3 transportation project pertaining to an existing
4 transportation facility shall require the contractor to assume
5 all existing collective bargaining agreement obligations
6 related to employees of the Authority or Service Board employed
7 in relation to that facility.
8     (b) A public-private agreement related to a mass
9 transportation project pertaining to a new transportation
10 facility shall require the contractor to enter into a project
11 labor agreement that must include provisions establishing the
12 minimum hourly wage, benefits, and other compensation for each
13 class of labor organization employee and such other terms as
14 are negotiated between the contractor and the labor
15 organizations.
16     (c) All law enforcement officers of the State and of each
17 affected local jurisdiction have the same powers and
18 jurisdiction within the limits of the mass transportation
19 project as they have in their respective areas of jurisdiction.
20     (d) Law enforcement officers shall have access to the mass
21 transportation project at any time for the purpose of
22 exercising the law enforcement officers' powers and
23 jurisdiction.
24     (e) Punishment for infractions and offenses shall be as
25 prescribed by law for conduct occurring on similar projects in
26 the jurisdiction.
 

 

 

SB0378 - 61 - LRB095 04599 DRH 24656 b

1     (70 ILCS 3615/2A.40 new)
2     Sec. 2A.40. Term of agreement; reversion of property to the
3 Authority or Service Board.
4     (a) The term of a public-private agreement, including all
5 extensions, may not exceed 99 years.
6     (b) The Authority or the Service Board shall terminate the
7 contractor's authority and duties under the public-private
8 agreement on the date set forth in the public-private
9 agreement.
10     (c) Upon termination of the public-private agreement, the
11 authority and duties of the contractor under this Article
12 cease, except for those duties and obligations that extend
13 beyond the termination, as set forth in the public-private
14 agreement, and the mass transportation project shall revert to
15 the Authority or the Service Board.
 
16     (70 ILCS 3615/2A.45 new)
17     Sec. 2A.45. Additional powers of the Authority and the
18 Service Boards with respect to mass transportation projects.
19     (a) The Authority and the Service Boards may exercise any
20 powers provided under this Article in participation or
21 cooperation with any governmental entity and enter into any
22 contracts to facilitate that participation or cooperation
23 without compliance with any other statute.
24     (b) The Authority and the Service Boards may make and enter

 

 

SB0378 - 62 - LRB095 04599 DRH 24656 b

1 into all contracts and agreements necessary or incidental to
2 the performance of the Authority's or the Service Board's
3 duties and the execution of the Authority's or the Service
4 Board's powers under this Article. Except as otherwise required
5 by law, these contracts or agreements are not subject to any
6 approvals other than the approval of the Authority or the
7 Service Board and may be for any term of years and contain any
8 terms that are considered reasonable by the Authority or the
9 Service Board.
10     (c) The Authority and the Service Boards may pay the costs
11 incurred under a public-private agreement entered into under
12 this Article from any funds available to the Authority or the
13 Service Boards under this Article or any other statute.
14     (d) A State agency may not take any action that would
15 impair a public-private agreement entered into under this
16 Article.
 
17     (70 ILCS 3615/2A.50 new)
18     Sec. 2A.50. Powers liberally construed. The powers
19 conferred by this Article shall be liberally construed in order
20 to accomplish their purposes and shall be in addition and
21 supplemental to the powers conferred by any other law. If any
22 other law or rule is inconsistent with this Article, this
23 Article is controlling as to any public-private agreement
24 entered into under this Article.
 

 

 

SB0378 - 63 - LRB095 04599 DRH 24656 b

1     (70 ILCS 3615/2A.55 new)
2     Sec. 2A.55. Full and complete authority. This Article
3 contains full and complete authority for agreements and leases
4 with private entities to carry out the activities described in
5 this Article. Except as otherwise required by law, no
6 procedure, proceedings, publications, notices, consents,
7 approvals, orders, or acts by the Authority or the Service
8 Board or any other State or local agency or official are
9 required to enter into an agreement or lease.
 
10     Section 955. The Toll Highway Act is amended by adding
11 Section 11.1 as follows:
 
12     (605 ILCS 10/11.1 new)
13     Sec. 11.1. Public-private partnerships. The Authority may
14 exercise all powers granted to it under the Public-Private
15 Partnerships for Transportation Act.
 
16     Section 960. The Prevailing Wage Act is amended by changing
17 Section 2 as follows:
 
18     (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
19     Sec. 2. This Act applies to the wages of laborers,
20 mechanics and other workers employed in any public works, as
21 hereinafter defined, by any public body and to anyone under
22 contracts for public works.

 

 

SB0378 - 64 - LRB095 04599 DRH 24656 b

1     As used in this Act, unless the context indicates
2 otherwise:
3     "Public works" means all fixed works constructed by any
4 public body, other than work done directly by any public
5 utility company, whether or not done under public supervision
6 or direction, or paid for wholly or in part out of public
7 funds. "Public works" as defined herein includes all projects
8 financed in whole or in part with bonds issued under the
9 Industrial Project Revenue Bond Act (Article 11, Division 74 of
10 the Illinois Municipal Code), the Industrial Building Revenue
11 Bond Act, the Illinois Finance Authority Act, the Illinois
12 Sports Facilities Authority Act, or the Build Illinois Bond
13 Act, and all projects financed in whole or in part with loans
14 or other funds made available pursuant to the Build Illinois
15 Act. "Public works" also includes (i) all projects financed in
16 whole or in part with funds from the Fund for Illinois' Future
17 under Section 6z-47 of the State Finance Act, funds for school
18 construction under Section 5 of the General Obligation Bond
19 Act, funds authorized under Section 3 of the School
20 Construction Bond Act, funds for school infrastructure under
21 Section 6z-45 of the State Finance Act, and funds for
22 transportation purposes under Section 4 of the General
23 Obligation Bond Act. "Public works" also includes all projects
24 financed in whole or in part with funds from the Department of
25 Commerce and Economic Opportunity under the Illinois Renewable
26 Fuels Development Program Act for which there is no project

 

 

SB0378 - 65 - LRB095 04599 DRH 24656 b

1 labor agreement and (ii) all projects undertaken under a
2 public-private agreement under the Public-Private Partnerships
3 for Transportation Act or Article II-A of the Regional
4 Transportation Authority Act. "Public works" also includes all
5 projects at leased facility property used for airport purposes
6 under Section 35 of the Local Government Facility Lease Act.
7     "Construction" means all work on public works involving
8 laborers, workers or mechanics.
9     "Locality" means the county where the physical work upon
10 public works is performed, except (1) that if there is not
11 available in the county a sufficient number of competent
12 skilled laborers, workers and mechanics to construct the public
13 works efficiently and properly, "locality" includes any other
14 county nearest the one in which the work or construction is to
15 be performed and from which such persons may be obtained in
16 sufficient numbers to perform the work and (2) that, with
17 respect to contracts for highway work with the Department of
18 Transportation of this State, "locality" may at the discretion
19 of the Secretary of the Department of Transportation be
20 construed to include two or more adjacent counties from which
21 workers may be accessible for work on such construction.
22     "Public body" means the State or any officer, board or
23 commission of the State or any political subdivision or
24 department thereof, or any institution supported in whole or in
25 part by public funds, and includes every county, city, town,
26 village, township, school district, irrigation, utility,

 

 

SB0378 - 66 - LRB095 04599 DRH 24656 b

1 reclamation improvement or other district and every other
2 political subdivision, district or municipality of the state
3 whether such political subdivision, municipality or district
4 operates under a special charter or not.
5     The terms "general prevailing rate of hourly wages",
6 "general prevailing rate of wages" or "prevailing rate of
7 wages" when used in this Act mean the hourly cash wages plus
8 fringe benefits for training and apprenticeship programs
9 approved by the U.S. Department of Labor, Bureau of
10 Apprenticeship and Training, health and welfare, insurance,
11 vacations and pensions paid generally, in the locality in which
12 the work is being performed, to employees engaged in work of a
13 similar character on public works.
14 (Source: P.A. 93-15, eff. 6-11-03; 93-16, eff. 1-1-04; 93-205,
15 eff. 1-1-04; 94-750, eff. 5-9-06.)
 
16     Section 999. Effective date. This Act takes effect upon
17 becoming law.

 

 

SB0378 - 67 - LRB095 04599 DRH 24656 b

1 INDEX
2 Statutes amended in order of appearance
3     New Act
4     20 ILCS 2705/2705-220 new
5     20 ILCS 3501/825-90 new
6     30 ILCS 500/1-10
7     30 ILCS 550/1.5 new
8     30 ILCS 560/4.5 new
9     30 ILCS 570/2.5 new
10     30 ILCS 575/2.5 new
11     35 ILCS 120/1q new
12     35 ILCS 200/15-55
13     35 ILCS 200/15-100
14     70 ILCS 3615/Art. II-A
15     heading new
16     70 ILCS 3615/2A.01 new
17     70 ILCS 3615/2A.05 new
18     70 ILCS 3615/2A.10 new
19     70 ILCS 3615/2A.15 new
20     70 ILCS 3615/2A.20 new
21     70 ILCS 3615/2A.25 new
22     70 ILCS 3615/2A.30 new
23     70 ILCS 3615/2A.35 new
24     70 ILCS 3615/2A.40 new
25     70 ILCS 3615/2A.45 new

 

 

SB0378 - 68 - LRB095 04599 DRH 24656 b

1     70 ILCS 3615/2A.50 new
2     70 ILCS 3615/2A.55 new
3     605 ILCS 10/11.1 new
4     820 ILCS 130/2 from Ch. 48, par. 39s-2