Full Text of HB1075 96th General Assembly
HB1075sam002 96TH GENERAL ASSEMBLY
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Sen. Toi W. Hutchinson
Filed: 4/30/2010
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| AMENDMENT TO HOUSE BILL 1075
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| AMENDMENT NO. ______. Amend House Bill 1075, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Illiana Expressway Public-Private Partnerships for | 7 |
| Transportation Act. | 8 |
| Section 5. Public policy and legislative intent. | 9 |
| (a) It is the public policy of the State of Illinois to | 10 |
| promote the development, financing, and operation of | 11 |
| transportation facilities that serve the needs of the public, | 12 |
| whether through traditional or innovative methods. | 13 |
| (b) Several states, including the State of Indiana, have | 14 |
| utilized public-private partnerships as a successful and | 15 |
| innovative method to develop, finance, and operate | 16 |
| transportation facilities in a timely, efficient, and |
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| cost-effective fashion and thereby advancing the public's | 2 |
| needs and interests. | 3 |
| (c) The State of Illinois and the State of Indiana have | 4 |
| undertaken cooperative planning efforts to create a new | 5 |
| interstate highway connecting Interstate Highway 55 in | 6 |
| Illinois to Interstate Highway 65 in Indiana to serve the | 7 |
| public, commonly known as the Illiana Expressway. | 8 |
| (d) The creation of the Illiana Expressway will promote | 9 |
| development and investment in the State of Illinois and serve | 10 |
| as a critical transportation in the region. | 11 |
| (e) The State of Indiana will develop, finance, and operate | 12 |
| its portion of the Illiana Expressway as a public-private | 13 |
| partnership through existing statutory authority. | 14 |
| (f) To ensure that the State of Illinois remains at the | 15 |
| forefront of providing premier transportation facilities and | 16 |
| Illinois continues its cooperative efforts with the State of | 17 |
| Indiana, it is in the public interest to permit the Department | 18 |
| of Transportation, on a pilot-project basis, to enter into a | 19 |
| public-private partnership to develop, finance, and operate | 20 |
| the new Illiana Expressway. | 21 |
| (g) This Act is intended to be used as a framework for | 22 |
| future public-private partnerships authorized by law based | 23 |
| upon the State of Illinois' experience with creating the | 24 |
| Illiana Expressway via public-private partnership. | 25 |
| (h) It is the intent of this Act to encourage the practice | 26 |
| of congestion pricing in connection with the Illiana Expressway |
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| as a toll highway, pursuant to which higher toll rates are | 2 |
| charged during times or in locations of most congestion. | 3 |
| (i) It is the intent of this Act to use Illinois design | 4 |
| professionals, construction companies, and workers to the | 5 |
| greatest extent permitted by law by offering them the right to | 6 |
| compete for this work. | 7 |
| Section 10. Definitions. | 8 |
| As used in this Act: | 9 |
| "Approved proposal" means the proposal that is approved by | 10 |
| the Department pursuant to subsection (h) of Section 20 of this | 11 |
| Act. | 12 |
| "Approved proposer" means the private entity whose | 13 |
| proposal is the approved proposal. | 14 |
| "Competing proposal" means a proposal submitted by a | 15 |
| private entity in connection with the proposed Illiana | 16 |
| Expressway. | 17 |
| "Contractor" means a private entity that has entered into | 18 |
| the public-private agreement with the Department to provide | 19 |
| services to or on behalf of the Department. | 20 |
| "Department" means the Illinois Department of | 21 |
| Transportation. | 22 |
| "Develop" or "development" means to do one or more of the | 23 |
| following: plan, design, develop, lease, acquire, install, | 24 |
| construct, reconstruct, rehabilitate, extend, or expand. | 25 |
| "Illiana" means the fully access-controlled Illiana |
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| Expressway connecting northwestern Indiana and northeastern | 2 |
| Illinois, as a toll or non-toll facility, connecting Interstate | 3 |
| 55 in northeastern Illinois with Interstate 65 in northwestern | 4 |
| Indiana. | 5 |
| "Maintain" or "maintenance" includes ordinary maintenance, | 6 |
| repair, rehabilitation, capital maintenance, maintenance | 7 |
| replacement, and any other categories of maintenance that may | 8 |
| be designated by the Department. | 9 |
| "Metropolitan planning organization" means a metropolitan | 10 |
| planning organization designated under 23 U.S.C. Section 134 | 11 |
| whose metropolitan planning area boundaries are partially or | 12 |
| completely within the State. | 13 |
| "Operate" or "operation" means to do one or more of the | 14 |
| following: maintain, improve, equip, modify, or otherwise | 15 |
| operate. | 16 |
| "Private entity" means any combination of one or more | 17 |
| individuals, corporations, general partnerships, limited | 18 |
| liability companies, limited partnerships, joint ventures, | 19 |
| business trusts, nonprofit entities, or other business | 20 |
| entities that are parties to a proposal for Illiana or an | 21 |
| agreement related to Illiana. A public agency may provide | 22 |
| services to a contractor as a subcontractor or subconsultant | 23 |
| without affecting the private status of the private entity and | 24 |
| the ability to enter into the public-private agreement. | 25 |
| "Procurement Policy Board" has the meaning ascribed to that | 26 |
| term by Section 1-15.05 and Article 5 of the Illinois |
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| Procurement Code. | 2 |
| "Proposal" means all materials and documents prepared by or | 3 |
| on behalf of a private entity relating to the proposed | 4 |
| development, financing, or operation of Illiana. | 5 |
| "Proposer" means a private entity that has submitted a | 6 |
| proposal or statement of qualifications for the public-private | 7 |
| agreement in response to a request for proposals or a request | 8 |
| for qualifications issued by the Department under this Act. | 9 |
| "Public-private agreement" means the public-private | 10 |
| agreement between the contractor and the Department relating to | 11 |
| the development, financing, or operation of Illiana that is | 12 |
| entered into under this Act. | 13 |
| "Request for proposals" means all materials and documents | 14 |
| prepared by or on behalf of the Department to solicit proposals | 15 |
| from private entities to enter into the public-private | 16 |
| agreement. | 17 |
| "Request for qualifications" means all materials and | 18 |
| documents prepared by or on behalf of the Department to solicit | 19 |
| statements of qualification from private entities to enter into | 20 |
| the public-private agreement. | 21 |
| "Revenues" means all revenues, including any combination | 22 |
| of: income; earnings and interest; user fees; lease payments; | 23 |
| allocations; federal, State, and local appropriations, grants, | 24 |
| loans, lines of credit, and credit guarantees; bond proceeds; | 25 |
| equity investments; service payments; or other receipts; | 26 |
| arising out of or in connection with Illiana, including the |
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| development, financing, and operation of Illiana. The term | 2 |
| includes money received as grants, loans, lines of credit, | 3 |
| credit guarantees, or otherwise in aid of Illiana from the | 4 |
| federal government, the State, a unit of local government, or | 5 |
| any agency or instrumentality of the federal government, the | 6 |
| State, or a unit of local government. | 7 |
| "Unit of local government" has the meaning ascribed to that | 8 |
| term in Article VII, Section 1 of the Constitution of the State | 9 |
| of Illinois and also means any unit designated as a municipal | 10 |
| corporation. | 11 |
| "User fees" or "tolls" means the rates, tolls, fees, or | 12 |
| other charges imposed by the contractor for use of all or a | 13 |
| portion of Illiana under the public-private agreement. | 14 |
| Section 15. Formation of Illiana public-private agreement; | 15 |
| project planning. | 16 |
| (a) The Department may exercise the powers granted by this | 17 |
| Act to do some or all of: develop, finance, and operate any | 18 |
| part of Illiana through public-private agreements with one or | 19 |
| more private entities. The net proceeds arising out of the | 20 |
| public-private agreement undertaken by the Department pursuant | 21 |
| to this Act shall be deposited into the Road Fund. | 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 |
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| (2) the power to develop, finance, and operate Illiana | 2 |
| and to impose user fees in connection with the use of | 3 |
| Illiana, subject to the terms of the public-private | 4 |
| agreement. | 5 |
| No tolls or user fees may be imposed by the contractor | 6 |
| except as set forth in the public-private agreement. | 7 |
| (c) At least 30 days prior to the beginning of the | 8 |
| Department's fiscal year, the Department shall submit a | 9 |
| description of the potential Illiana project that the | 10 |
| Department is considering undertaking under this Act to the | 11 |
| Procurement Policy Board and each county, municipality, and | 12 |
| metropolitan planning organization, with respect to where | 13 |
| Illiana is located within its boundaries. | 14 |
| (d) The Illiana project undertaken under this Act shall be | 15 |
| subject to all applicable planning requirements otherwise | 16 |
| required by law, including land use planning, regional | 17 |
| planning, transportation planning, and environmental | 18 |
| compliance requirements. | 19 |
| Section 20. Procurement process. | 20 |
| (a) The Department shall prepare monthly written updates on | 21 |
| the status of the implementation of this Act and provide the | 22 |
| written updates to the Procurement Policy Board. The Board may | 23 |
| determine the format for the written updates. The Department | 24 |
| shall also respond promptly in writing to all inquiries and | 25 |
| comments of the Procurement Policy Board with respect to any |
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| conduct taken by the Department to implement, execute, or | 2 |
| administer the provisions of this Act. Upon request, the | 3 |
| Department shall also appear and testify before the Procurement | 4 |
| Policy Board and produce any information requested by the | 5 |
| Procurement Policy Board. | 6 |
| (b) The Department shall determine and set forth the | 7 |
| criteria for the selection process for Illiana. The Department | 8 |
| shall use: (i) a competitive sealed bidding process; (ii) a | 9 |
| competitive sealed proposal process; (iii) a design-build | 10 |
| procurement process in accordance with Section 25 of this Act; | 11 |
| or (iv) any other selection process that the Department | 12 |
| determines is in the best interests of the State and the | 13 |
| public. In determining the selection process, the Department | 14 |
| shall consider how the process would result in the selection of | 15 |
| a proposal that offers the public the best value, the lowest | 16 |
| price or cost, the highest payment to or revenue sharing with | 17 |
| the Department, and the imposition of tolls for the shortest | 18 |
| period of time. If the Department elects to utilize the | 19 |
| selection process in item (iv) of this subsection, the | 20 |
| Department shall set forth the process in writing along with | 21 |
| the reasons for electing to use the selection process. The | 22 |
| Department shall submit the written explanation detailing the | 23 |
| selection process to the Procurement Policy Board for the | 24 |
| Board's review and approval. The Procurement Policy Board shall | 25 |
| have 30 days from the date of receipt of the Department's | 26 |
| written explanation to conduct the review and, in the Board's |
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| discretion, approve the Department's elected selection | 2 |
| process. The Department shall not proceed to implement a | 3 |
| selection process under item (iv) of this subsection without | 4 |
| the approval of the Procurement Policy Board. | 5 |
| The selection of professional design firms by the | 6 |
| Department or private entity shall comply with the | 7 |
| Architectural, Engineering, and Land Surveying Qualifications | 8 |
| Based Selection Act or Section 25 of this Act. | 9 |
| All procurement processes shall incorporate requirements | 10 |
| and set forth goals for participation by disadvantaged business | 11 |
| enterprises as allowed under State and federal law. | 12 |
| (c) The Department may establish a process for | 13 |
| prequalification of all potential private entities. If so, then | 14 |
| the Department shall: (i) provide a public notice of the | 15 |
| prequalification process for such period as deemed appropriate | 16 |
| by the Department; (ii) set forth requirements and evaluation | 17 |
| criteria in order to become prequalified; (iii) determine which | 18 |
| private entities that have submitted prequalification | 19 |
| applications, if any, meet the requirements and evaluation | 20 |
| criteria; and (iv) allow only those entities that have been | 21 |
| prequalified to submit proposals or bids. The Department shall | 22 |
| make publicly available on its website during the request for | 23 |
| qualifications period information regarding firms that are | 24 |
| prequalified by the Department pursuant to Section 20 of the | 25 |
| Architectural, Engineering, and Land Surveying Qualifications | 26 |
| Based Selection Act to provide architectural, engineering, and |
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| land surveying services and shall require the use of such firms | 2 |
| for such services. | 3 |
| (d) Competitive sealed bidding requirements: | 4 |
| (1) All contracts shall be awarded by competitive | 5 |
| sealed bidding except as otherwise provided in this Section | 6 |
| and Section 25 of this Act. | 7 |
| (2) An invitation for bids shall be issued and shall | 8 |
| include a description of the public-private partnership | 9 |
| with a private entity for the development, finance, and | 10 |
| operation of Illiana, and the material contractual terms | 11 |
| and conditions applicable to the procurement. | 12 |
| (3) Public notice of the invitation for bids shall be | 13 |
| published in the State of Illinois Procurement Bulletin at | 14 |
| least 21 days before the date set in the invitation for the | 15 |
| opening of bids. | 16 |
| (4) Bids shall be opened publicly in the presence of | 17 |
| one or more witnesses at the time and place designated in | 18 |
| the invitation for bids. The name of each bidder, the | 19 |
| amount of each bid, and other relevant information as may | 20 |
| be specified by rule shall be recorded. After the award of | 21 |
| the contract, the winning bid and the record of each | 22 |
| unsuccessful bid shall be open to public inspection. | 23 |
| (5) Bids shall be unconditionally accepted without | 24 |
| alteration or correction, except as authorized in this Act. | 25 |
| Bids shall be evaluated based on the requirements set forth | 26 |
| in the invitation for bids, which may include criteria to |
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| determine acceptability such as inspection, testing, | 2 |
| quality, workmanship, delivery, and suitability for a | 3 |
| particular purpose. Those criteria that will affect the bid | 4 |
| price and be considered in evaluation for award, such as | 5 |
| discounts, transportation costs, and total or life cycle | 6 |
| costs, shall be objectively measurable. The invitation for | 7 |
| bids shall set forth the evaluation criteria to be used. | 8 |
| (6) Correction or withdrawal of inadvertently | 9 |
| erroneous bids before or after award, or cancellation of | 10 |
| awards of contracts based on bid mistakes, shall be | 11 |
| permitted in accordance with rules. After bid opening, no | 12 |
| changes in bid prices or other provisions of bids | 13 |
| prejudicial to the interest of the State or fair | 14 |
| competition shall be permitted. All decisions to permit the | 15 |
| correction or withdrawal of bids based on bid mistakes | 16 |
| shall be supported by written determination made by the | 17 |
| Department. | 18 |
| (7) The contract shall be awarded with reasonable | 19 |
| promptness by written notice to the lowest responsible and | 20 |
| responsive bidder whose bid meets the requirements and | 21 |
| criteria set forth in the invitation for bids, except when | 22 |
| the Department determines it is not in the best interest of | 23 |
| the State and by written explanation determines another | 24 |
| bidder shall receive the award. The explanation shall | 25 |
| appear in the appropriate volume of the State of Illinois | 26 |
| Procurement Bulletin. The written explanation must |
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| include: | 2 |
| (A) a description of the agency's needs; | 3 |
| (B) a determination that the anticipated cost will | 4 |
| be fair and reasonable; | 5 |
| (C) a listing of all responsible and responsive | 6 |
| bidders; and | 7 |
| (D) the name of the bidder selected, pricing, and | 8 |
| the reasons for selecting that bidder. | 9 |
| (8) When it is considered impracticable to initially | 10 |
| prepare a purchase description to support an award based on | 11 |
| price, an invitation for bids may be issued requesting the | 12 |
| submission of unpriced offers to be followed by an | 13 |
| invitation for bids limited to those bidders whose offers | 14 |
| have been qualified under the criteria set forth in the | 15 |
| first solicitation. | 16 |
| (e) Competitive sealed proposal requirements: | 17 |
| (1) When the Department determines in writing that the | 18 |
| use of competitive sealed bidding or design-build | 19 |
| procurement is either not practicable or not advantageous | 20 |
| to the State, a contract may be entered into by competitive | 21 |
| sealed proposals. | 22 |
| (2) Proposals shall be solicited through a request for | 23 |
| proposals. | 24 |
| (3) Public notice of the request for proposals shall be | 25 |
| published in the State of Illinois Procurement Bulletin at | 26 |
| least 21 days before the date set in the invitation for the |
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| opening of proposals. | 2 |
| (4) Proposals shall be opened publicly in the presence | 3 |
| of one or more witnesses at the time and place designated | 4 |
| in the request for proposals, but proposals shall be opened | 5 |
| in a manner to avoid disclosure of contents to competing | 6 |
| offerors during the process of negotiation. A record of | 7 |
| proposals shall be prepared and shall be open for public | 8 |
| inspection after contract award. | 9 |
| (5) The requests for proposals shall state the relative | 10 |
| importance of price and other evaluation factors. | 11 |
| Proposals shall be submitted in 2 parts: (i) covering items | 12 |
| except price; and (ii) covering price. The first part of | 13 |
| all proposals shall be evaluated and ranked independently | 14 |
| of the second part of all proposals. | 15 |
| (6) As provided in the request for proposals and under | 16 |
| any applicable rules, discussions may be conducted with | 17 |
| responsible offerors who submit proposals determined to be | 18 |
| reasonably susceptible of being selected for award for the | 19 |
| purpose of clarifying and assuring full understanding of | 20 |
| and responsiveness to the solicitation requirements. Those | 21 |
| offerors shall be accorded fair and equal treatment with | 22 |
| respect to any opportunity for discussion and revision of | 23 |
| proposals. Revisions may be permitted after submission and | 24 |
| before award for the purpose of obtaining best and final | 25 |
| offers. In conducting discussions there shall be no | 26 |
| disclosure of any information derived from proposals |
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| submitted by competing offerors. If information is | 2 |
| disclosed to any offeror, it shall be provided to all | 3 |
| competing offerors. | 4 |
| (7) Awards shall be made to the responsible offeror | 5 |
| whose proposal is determined in writing to be the most | 6 |
| advantageous to the State, taking into consideration price | 7 |
| and the evaluation factors set forth in the request for | 8 |
| proposals. The contract file shall contain the basis on | 9 |
| which the award is made. | 10 |
| (f) Based on its review and evaluation of the proposal or | 11 |
| proposals received in response to the request for proposals, | 12 |
| the Department shall determine which one or more proposals, if | 13 |
| any, best serve the public purpose of this Act and satisfy the | 14 |
| criteria set forth in the request for proposals and may approve | 15 |
| such proposal or proposals. The Department shall submit the | 16 |
| proposal or proposals determined to best serve the public | 17 |
| purpose of this Act and to satisfy the criteria set forth in | 18 |
| the request for proposals to the Commission on Government | 19 |
| Forecasting and Accountability and the Procurement Policy | 20 |
| Board, which, within 30 days of the submission by the | 21 |
| Department, shall complete a review of the proposal or | 22 |
| proposals and, jointly or separately, report on, at a minimum, | 23 |
| the value of the proposal or proposals to the State as measured | 24 |
| against the purpose of this Act and criteria set forth in the | 25 |
| request for proposals. The Department shall not approve a | 26 |
| proposal until it has received and considered the findings of |
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| the Commission on Government Forecasting and Accountability | 2 |
| and the Procurement Policy Board as set forth in their | 3 |
| respective reports. | 4 |
| (g) Before awarding a public private partnership to an | 5 |
| offeror, the Department shall schedule and hold a public | 6 |
| hearing or hearings on the proposed public-private partnership | 7 |
| agreement and publish notice of the hearing or hearings at | 8 |
| least 7 days before the hearing and in accordance with Section | 9 |
| 4-219 of the Illinois Highway Code. The notice must include the | 10 |
| following: | 11 |
| (1) the date, time, and place of the hearing and the | 12 |
| address of the Department; | 13 |
| (2) the subject matter of the hearing; | 14 |
| (3) a description of the agreement to be awarded; and | 15 |
| (4) the recommendation that has been made to award the | 16 |
| agreement to an identified contractor. | 17 |
| At the hearing, the Department shall allow the public to be | 18 |
| heard on the proposed public-private agreement. | 19 |
| (h) After the procedures required in this Section have been | 20 |
| completed, the Department shall make a determination as to | 21 |
| whether the successful contractor should be designated as | 22 |
| Illiana approved proposal and shall submit the decision to the | 23 |
| Governor and to the Governor's Office of Management and Budget. | 24 |
| After review of the Department's determination, the Governor | 25 |
| may accept or reject the determination. If the Governor accepts | 26 |
| the determination of the Department, the Governor shall |
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| designate the successful approved proposal as the operator for | 2 |
| Illiana. | 3 |
| (i) In addition to any other rights under this Act, in | 4 |
| connection with any procurement under this Act, the following | 5 |
| rights are reserved by the Department: | 6 |
| (1) to withdraw a request for qualifications or a | 7 |
| request for proposals at any time, and to publish a new | 8 |
| request for qualifications or request for proposals; | 9 |
| (2) to not approve a proposal for any reason; | 10 |
| (3) to not award the public-private agreement for any | 11 |
| reason; | 12 |
| (4) to request clarifications to any statement of | 13 |
| qualifications or proposal received, to seek one or more | 14 |
| revised proposals or one or more best and final offers, or | 15 |
| to conduct negotiations with one or more private entities | 16 |
| that have submitted proposals; | 17 |
| (5) to modify, during the pendency of a procurement, | 18 |
| the terms, provisions, and conditions of a request for | 19 |
| qualifications or request for proposals or the technical | 20 |
| specifications or form of the public-private agreement; | 21 |
| (6) to interview proposers; and | 22 |
| (7) any other rights available to the Department under | 23 |
| applicable law and regulations. | 24 |
| (j) If the Department and the Governor designates an | 25 |
| approved proposer for Illiana, the Department shall execute the | 26 |
| public-private agreement, publish notice of the execution of |
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| the public-private agreement on its website and in a newspaper | 2 |
| or newspapers of general circulation within the county or | 3 |
| counties in which Illiana is to be located, and publish the | 4 |
| entire agreement on its website. | 5 |
| (k) If the estimated construction cost is over $50,000,000, | 6 |
| the Department must also require the approved proposer to pay | 7 |
| the costs for an independent audit of any and all traffic and | 8 |
| cost estimates associated with the approved proposal, as well | 9 |
| as a review of all public costs and potential liabilities to | 10 |
| which taxpayers could be exposed (including improvements to | 11 |
| other transportation facilities that may be needed as a result | 12 |
| of the approved proposal, failure by the approved proposer to | 13 |
| reimburse the Department for services provided, and potential | 14 |
| risk and liability in the event the approved proposer defaults | 15 |
| on the public-private agreement or on bonds issued for the | 16 |
| project). This independent audit must be conducted by an | 17 |
| independent consultant selected by the Department. | 18 |
| (l) The Department may also apply for, execute, or endorse | 19 |
| applications submitted by private entities to obtain federal | 20 |
| credit assistance for the Illiana project under this Act. | 21 |
| Section 25. Design-build procurement. | 22 |
| (a) This Section 25 shall apply only if the Department | 23 |
| intends to execute a design-build agreement, in which case the | 24 |
| Department shall abide by the requirements and procedures of | 25 |
| this Section 25 in addition to other applicable requirements |
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| and procedures set forth in this Act. | 2 |
| (b)(1) The Department must issue a notice of intent to | 3 |
| receive proposals for the project at least 14 days before | 4 |
| issuing the request for the qualifications. The Department must | 5 |
| publish the advance notice in a daily newspaper of general | 6 |
| circulation in the county where the Department is located. The | 7 |
| Department is encouraged to use publication of the notice in | 8 |
| related construction industry service publications. A brief | 9 |
| description of the proposed procurement must be included in the | 10 |
| notice. The Department must provide a copy of the request for | 11 |
| qualifications to any party requesting a copy. | 12 |
| (2) The request for qualifications shall be prepared for | 13 |
| Illiana and must contain, without limitation, the following | 14 |
| information: (i) the name of the Department; (ii) a preliminary | 15 |
| schedule for the completion of the contract; (iii) the proposed | 16 |
| budget for Illiana, the source of funds, and the currently | 17 |
| available funds at the time the request for proposal is | 18 |
| submitted; (iv) prequalification criteria for design-build | 19 |
| entities wishing to submit proposals (the Department shall | 20 |
| include, at a minimum, its normal prequalification, licensing, | 21 |
| registration, and other requirements, but nothing contained | 22 |
| herein precludes the use of additional prequalification | 23 |
| criteria by the Department); (v) material requirements of the | 24 |
| contract, including but not limited to, the proposed terms and | 25 |
| conditions, required performance and payment bonds, insurance, | 26 |
| and the entity's plan to comply with the utilization goals |
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| established by the corporate authorities of the Department for | 2 |
| minority and women business enterprises and to comply with | 3 |
| Section 2-105 of the Illinois Human Rights Act; (vi) the | 4 |
| performance criteria; (vii) the evaluation criteria for each | 5 |
| phase of the solicitation; and (viii) the number of entities | 6 |
| that will be considered for the request for proposals phase. | 7 |
| (3) The Department may include any other relevant | 8 |
| information in the request for qualifications that it chooses | 9 |
| to supply. The private entity shall be entitled to rely upon | 10 |
| the accuracy of this documentation in the development of its | 11 |
| statement of qualifications and its proposal. | 12 |
| (4) The date that statements of qualifications are due must | 13 |
| be at least 21 calendar days after the date of the issuance of | 14 |
| the request for qualifications. In the event the cost of the | 15 |
| project is estimated to exceed $12,000,000, then the statement | 16 |
| of qualifications due date must be at least 28 calendar days | 17 |
| after the date of the issuance of the request for | 18 |
| qualifications. The Department shall include in the request for | 19 |
| proposals a minimum of 30 days to develop the proposals after | 20 |
| the selection of entities from the evaluation of the statements | 21 |
| of qualifications is completed. | 22 |
| (c)(1) The Department shall develop, with the assistance of | 23 |
| a licensed design professional, the request for qualifications | 24 |
| and the request for proposals, which shall include scope and | 25 |
| performance criteria. The scope and performance criteria must | 26 |
| be in sufficient detail and contain adequate information to |
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| reasonably apprise the private entities of the Department's | 2 |
| overall programmatic needs and goals, including criteria and | 3 |
| preliminary design plans, general budget parameters, schedule, | 4 |
| and delivery requirements. | 5 |
| (2) Each request for qualifications and request for | 6 |
| proposals shall also include a description of the level of | 7 |
| design to be provided in the proposals. This description must | 8 |
| include the scope and type of renderings, drawings, and | 9 |
| specifications that, at a minimum, will be required by the | 10 |
| Department to be produced by the private entities. | 11 |
| (3) The scope and performance criteria shall be prepared by | 12 |
| a design professional who is an employee of the Department, or | 13 |
| the Department may contract with an independent design | 14 |
| professional selected under the Architectural, Engineering, | 15 |
| and Land Surveying Qualifications Based Selection Act to | 16 |
| provide these services. | 17 |
| (4) The design professional that prepares the scope and | 18 |
| performance criteria is prohibited from participating in any | 19 |
| private entity proposal for the project. | 20 |
| (d)(1) The Department must use a two phase procedure for | 21 |
| the selection of the successful design-build entity. The | 22 |
| request for qualifications phase will evaluate and shortlist | 23 |
| the private entities based on qualifications, and the request | 24 |
| for proposals will evaluate the technical and cost proposals. | 25 |
| (2) The Department shall include in the request for | 26 |
| qualifications the evaluating factors to be used in the request |
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| for qualifications phase. These factors are in addition to any | 2 |
| prequalification requirements of private entities that the | 3 |
| Department has set forth. Each request for qualifications shall | 4 |
| establish the relative importance assigned to each evaluation | 5 |
| factor and subfactor, including any weighting of criteria to be | 6 |
| employed by the Department. The Department must maintain a | 7 |
| record of the evaluation scoring to be disclosed in event of a | 8 |
| protest regarding the solicitation. | 9 |
| The Department shall include the following criteria in | 10 |
| every request for qualifications phase evaluation of private | 11 |
| entities: (i) experience of personnel; (ii) successful | 12 |
| experience with similar project types; (iii) financial | 13 |
| capability; (iv) timeliness of past performance; (v) | 14 |
| experience with similarly sized projects; (vi) successful | 15 |
| reference checks of the firm; (vii) commitment to assign | 16 |
| personnel for the duration of the project and qualifications of | 17 |
| the entity's consultants; and (viii) ability or past | 18 |
| performance in meeting or exhausting good faith efforts to meet | 19 |
| the utilization goals for business enterprises established in | 20 |
| the Business Enterprise for Minorities, Females, and Persons | 21 |
| with Disabilities Act and in complying with Section 2-105 of | 22 |
| the Illinois Human Rights Act. No proposal shall be considered | 23 |
| that does not include an entity's plan to comply with the | 24 |
| requirements established in the minority and women business | 25 |
| enterprises and economically disadvantaged firms established | 26 |
| by the corporate authorities of the Department and with Section |
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| 2-105 of the Illinois Human Rights Act. The Department may | 2 |
| include any additional relevant criteria in the request for | 3 |
| qualifications phase that it deems necessary for a proper | 4 |
| qualification review. | 5 |
| Upon completion of the qualifications evaluation, the | 6 |
| Department shall create a shortlist of the most highly | 7 |
| qualified private entities. | 8 |
| The Department shall notify the entities selected for the | 9 |
| shortlist in writing. This notification shall commence the | 10 |
| period for the preparation of the request for proposals phase | 11 |
| technical and cost evaluations. The Department must allow | 12 |
| sufficient time for the shortlist entities to prepare their | 13 |
| proposals considering the scope and detail requested by the | 14 |
| Department. | 15 |
| (3) The Department shall include in the request for | 16 |
| proposals the evaluating factors to be used in the technical | 17 |
| and cost submission components. Each request for proposals | 18 |
| shall establish, for both the technical and cost submission | 19 |
| components, the relative importance assigned to each | 20 |
| evaluation factor and subfactor, including any weighting of | 21 |
| criteria to be employed by the Department. The Department must | 22 |
| maintain a record of the evaluation scoring to be disclosed in | 23 |
| event of a protest regarding the solicitation. | 24 |
| The Department shall include the following criteria in | 25 |
| every request for proposals phase technical evaluation of | 26 |
| private entities: (i) compliance with objectives of the |
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| project; (ii) compliance of proposed services to the request | 2 |
| for proposal requirements; (iii) quality of products or | 3 |
| materials proposed; (iv) quality of design parameters; (v) | 4 |
| design concepts; (vi) innovation in meeting the scope and | 5 |
| performance criteria; and (vii) constructability of the | 6 |
| proposed project. The Department may include any additional | 7 |
| relevant technical evaluation factors it deems necessary for | 8 |
| proper selection. | 9 |
| The Department shall include the following criteria in | 10 |
| every request for proposals phase cost evaluation: the total | 11 |
| project cost and the time of completion. The Department may | 12 |
| include any additional relevant technical evaluation factors | 13 |
| it deems necessary for proper selection. The guaranteed maximum | 14 |
| project cost criteria weighing factor shall not exceed 30%. | 15 |
| The Department shall directly employ or retain a licensed | 16 |
| design professional to evaluate the technical and cost | 17 |
| submissions to determine if the technical submissions are in | 18 |
| accordance with generally accepted industry standards. | 19 |
| (e) Statements of qualifications and proposals must be | 20 |
| properly identified and sealed. Statements of qualifications | 21 |
| and proposals may not be reviewed until after the deadline for | 22 |
| submission has passed as set forth in the request for | 23 |
| qualifications or the request for proposals. All private | 24 |
| entities submitting statements of qualifications or proposals | 25 |
| shall be disclosed after the deadline for submission, and all | 26 |
| private entities who are selected for request for proposals |
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| phase evaluation shall also be disclosed at the time of that | 2 |
| determination. | 3 |
| Phase II design-build proposals shall include a bid bond in | 4 |
| the form and security as designated in the request for | 5 |
| proposals. Proposals shall also contain a separate sealed | 6 |
| envelope with the cost information within the overall proposal | 7 |
| submission. Proposals shall include a list of all design | 8 |
| professionals and other entities to which any work identified | 9 |
| in Section 30-30 of the Illinois Procurement Code as a | 10 |
| subdivision of construction work may be subcontracted during | 11 |
| the performance of the contract. | 12 |
| Statements of qualifications and proposals must meet all | 13 |
| material requirements of the request for qualifications or | 14 |
| request for proposals, or else they may be rejected as | 15 |
| non-responsive. The Department shall have the right to reject | 16 |
| any and all statements of qualifications and proposals. | 17 |
| The drawings and specifications of any unsuccessful | 18 |
| statement of qualifications or proposal shall remain the | 19 |
| property of the private entity. | 20 |
| The Department shall review the statements of | 21 |
| qualifications and the proposals for compliance with the | 22 |
| performance criteria and evaluation factors. | 23 |
| Statements of qualifications and proposals may be | 24 |
| withdrawn prior to the due date and time for submissions for | 25 |
| any cause. After evaluation begins by the Department, clear and | 26 |
| convincing evidence of error is required for withdrawal. |
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| Section 30. Interim agreements. | 2 |
| (a) Prior to or in connection with the negotiation of the | 3 |
| public-private agreement, the Department may enter into an | 4 |
| interim agreement with the approved proposer. Neither the | 5 |
| Department nor the approved proposer is authorized to commence | 6 |
| or perform any construction-related activities pursuant to the | 7 |
| interim agreement. Such interim agreement may: | 8 |
| (1) permit the approved proposer to commence | 9 |
| activities relating to the proposed Illiana project as the | 10 |
| Department and the approved proposer shall agree to and for | 11 |
| which the approved proposer may be compensated, including, | 12 |
| but not limited to, project planning, advance right-of-way | 13 |
| acquisition, design and engineering, environmental | 14 |
| analysis and mitigation, survey, conducting transportation | 15 |
| and revenue studies, and ascertaining the availability of | 16 |
| financing; | 17 |
| (2) establish the process and timing of the exclusive | 18 |
| negotiation of the public-private agreement with an | 19 |
| approved proposer; | 20 |
| (3) require that in the event the Department determines | 21 |
| not to proceed with the project after the approved proposer | 22 |
| and the Department have executed an interim agreement, and | 23 |
| thereby terminates the interim agreement or declines to | 24 |
| proceed with negotiation of the public-private agreement | 25 |
| with an approved proposer, the Department shall pay to the |
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| approved proposer certain costs incurred by the approved | 2 |
| proposer; | 3 |
| (4) establish the ownership in the State of Illinois of | 4 |
| the concepts and designs in the event of termination of the | 5 |
| interim agreement; | 6 |
| (5) establish procurement procedures for (i) the | 7 |
| selection of professional design firms using procedures | 8 |
| outlined in the Architectural, Engineering, and Land | 9 |
| Surveying Qualifications Based Selection Act for the | 10 |
| selection of design professional firms and (ii) the | 11 |
| selection of construction companies using procedures | 12 |
| outlined in the Illinois Procurement Code; and | 13 |
| (6) contain any other provisions related to any aspect | 14 |
| of Illiana that the parties may deem appropriate. | 15 |
| (b) The Department may enter into an interim agreement with | 16 |
| multiple approved proposers if the Department determines in | 17 |
| writing that it is in the public interest to do so. | 18 |
| (c) The approved proposer shall select firms that are | 19 |
| prequalified by the Department pursuant to Section 20 of the | 20 |
| Architectural, Engineering, and Land Surveying Qualifications | 21 |
| Based Selection Act to provide architectural, engineering, and | 22 |
| land surveying services to undertake activities related to | 23 |
| Illiana. | 24 |
| Section 35. Public-private agreement. | 25 |
| (a) Unless undertaking actions otherwise permitted in an |
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| interim agreement entered into under Section 30 of this Act, | 2 |
| before developing, financing, or operating Illiana, the | 3 |
| approved proposer shall enter into the public-private | 4 |
| agreement with the Department. Subject to the requirements of | 5 |
| this Act, the public-private agreement may provide that the | 6 |
| approved proposer, acting on behalf of the Department, is | 7 |
| partially or entirely responsible for any combination of | 8 |
| developing, financing, or operating Illiana under terms set | 9 |
| forth in the public-private agreement. | 10 |
| (b) The public-private agreement may, as determined | 11 |
| appropriate by the Department for Illiana, provide for some or | 12 |
| all of the following: | 13 |
| (1) Construction, financing, and operation of Illiana | 14 |
| under terms set forth in the public-private agreement, in | 15 |
| any form as deemed appropriate by the Department, | 16 |
| including, but not limited to, a long-term concession and | 17 |
| lease, a design-bid-build agreement, a design-build | 18 |
| agreement, a design-build-maintain agreement, a | 19 |
| design-build-operate-maintain agreement and a | 20 |
| design-build-finance-operate-maintain agreement. | 21 |
| (2) Delivery of performance and payment bonds or other | 22 |
| performance security determined suitable by the | 23 |
| Department, including letters of credit, United States | 24 |
| bonds and notes, parent guaranties, and cash collateral, in | 25 |
| connection with the development, financing, or operation | 26 |
| of Illiana, in the forms and amounts set forth in the |
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| public-private agreement or otherwise determined as | 2 |
| satisfactory by the Department and payment bond | 3 |
| beneficiaries who have a direct contractual relationship | 4 |
| with the contractor or a subcontractor of the contractor to | 5 |
| supply labor or material. The payment or performance bond | 6 |
| or alternative form of performance security is not required | 7 |
| for the portion of the public-private agreement that | 8 |
| includes only design, planning, or financing services, the | 9 |
| performance of preliminary studies, or the acquisition of | 10 |
| real property. | 11 |
| (3) Review of plans for any development or operation, | 12 |
| or both, by the Department. | 13 |
| (4) Inspection of any construction of or improvements | 14 |
| to Illiana by the Department or another entity designated | 15 |
| by the Department or under the public-private agreement to | 16 |
| ensure that the construction or improvements conform to the | 17 |
| standards set forth in the public-private agreement or are | 18 |
| otherwise acceptable to the Department. | 19 |
| (5) Maintenance of: | 20 |
| (A) one or more policies of public liability | 21 |
| insurance (copies of which shall be filed with the | 22 |
| Department accompanied by proofs of coverage); or | 23 |
| (B) self-insurance; each in form and amount as set | 24 |
| forth in the public-private agreement or otherwise | 25 |
| satisfactory to the Department as reasonably | 26 |
| sufficient to insure coverage of tort liability to the |
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| public and employees and to enable the continued | 2 |
| operation of Illiana. | 3 |
| (6) Where operations are included within the | 4 |
| contractor's obligations under the public-private | 5 |
| agreement, monitoring of the maintenance practices of the | 6 |
| contractor by the Department or another entity designated | 7 |
| by the Department or under the public-private agreement and | 8 |
| the taking of the actions the Department finds appropriate | 9 |
| to ensure that Illiana is properly maintained. | 10 |
| (7) Reimbursement to be paid to the Department as set | 11 |
| forth in the public-private agreement for services | 12 |
| provided by the Department. | 13 |
| (8) Filing of appropriate financial statements and | 14 |
| reports as set forth in the public-private agreement or as | 15 |
| otherwise in a form acceptable to the Department on a | 16 |
| periodic basis. | 17 |
| (9) Compensation or payments to the contractor. | 18 |
| Compensation or payments may include any or a combination | 19 |
| of the following: | 20 |
| (A) a base fee and additional fee for project | 21 |
| savings as the design-builder of the construction | 22 |
| project; | 23 |
| (B) a development fee, payable on a lump-sum basis, | 24 |
| progress payment basis, time and materials basis, or | 25 |
| another basis deemed appropriate by the Department; | 26 |
| (C) an operations fee, payable on a lump-sum basis, |
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| time and material basis, periodic basis, or another | 2 |
| basis deemed appropriate by the Department; | 3 |
| (D) some or all of the revenues, if any, arising | 4 |
| out of operation of Illiana; | 5 |
| (E) a maximum rate of return on investment or | 6 |
| return on equity or a combination of the two; | 7 |
| (F) in-kind services, materials, property, | 8 |
| equipment, or other items; | 9 |
| (G) compensation in the event of any termination; | 10 |
| (H) availability payments or similar arrangements | 11 |
| whereby payments are made to the contractor pursuant to | 12 |
| the terms set forth in the public-private agreement or | 13 |
| related agreements; or | 14 |
| (I) other compensation set forth in the | 15 |
| public-private agreement or otherwise deemed | 16 |
| appropriate by the Department. | 17 |
| (10) Compensation or payments to the Department, if | 18 |
| any. Compensation or payments may include any or a | 19 |
| combination of the following: | 20 |
| (A) a concession or lease payment or other fee, | 21 |
| which may be payable upfront or on a periodic basis or | 22 |
| on another basis deemed appropriate by the Department; | 23 |
| (B) sharing of revenues, if any, from the operation | 24 |
| of Illiana; | 25 |
| (C) sharing of project savings from the | 26 |
| construction of Illiana; |
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| (D) payment for any services, materials, | 2 |
| equipment, personnel, or other items provided by the | 3 |
| Department to the contractor under the public-private | 4 |
| agreement; or | 5 |
| (E) other compensation set forth in the | 6 |
| public-private agreement or otherwise deemed | 7 |
| appropriate by the Department. | 8 |
| (11) The date and terms of termination of the | 9 |
| contractor's authority and duties under the public-private | 10 |
| agreement and the circumstances under which the | 11 |
| contractor's authority and duties may be terminated prior | 12 |
| to that date. | 13 |
| (12) Reversion of Illiana to the Department at the | 14 |
| termination or expiration of the public-private agreement. | 15 |
| (13) Rights and remedies of the Department in the event | 16 |
| that the contractor defaults or otherwise fails to comply | 17 |
| with the terms of the public-private agreement. | 18 |
| (14) Establishing procurement procedures for (i) the | 19 |
| selection of professional design firms using procedures | 20 |
| outlined in the Architectural, Engineering, and Land | 21 |
| Surveying Qualifications Based Selection Act for the | 22 |
| selection of design professional firms and (ii) the | 23 |
| selection of construction companies using procedures | 24 |
| outlined in the Illinois Procurement Code. | 25 |
| (15) Other terms, conditions, and provisions that the | 26 |
| Department believes are in the public interest. |
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| (c) The Department may fix and revise the amounts of user | 2 |
| fees that a contractor may charge and collect for the use of | 3 |
| any part of Illiana in accordance with the public-private | 4 |
| agreement. In fixing the amounts, the Department may establish | 5 |
| maximum amounts for the user fees and may provide that the | 6 |
| maximums and any increases or decreases of those maximums shall | 7 |
| be based upon the indices, methodologies, or other factors the | 8 |
| Department considers appropriate. | 9 |
| (d) the public-private agreement may: | 10 |
| (1) authorize the imposition of tolls in any manner | 11 |
| determined appropriate by the Department for Illiana; | 12 |
| (2) authorize the contractor to adjust the user fees | 13 |
| for the use of Illiana, so long as the amounts charged and | 14 |
| collected by the contractor do not exceed the maximum | 15 |
| amounts established by the Department under this Act; | 16 |
| (3) provide that any adjustment by the contractor | 17 |
| permitted under paragraph (2) of this subsection (d) may be | 18 |
| based on the indices, methodologies, or other factors | 19 |
| described in the public-private agreement or approved by | 20 |
| the Department; | 21 |
| (4) authorize the contractor to charge and collect user | 22 |
| fees through methods, including, but not limited to, | 23 |
| automatic vehicle identification systems, electronic toll | 24 |
| collection systems, and, to the extent permitted by law, | 25 |
| global positioning system-based, photo-based, or | 26 |
| video-based toll collection enforcement, provided that to |
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| the maximum extent feasible the contractor will (i) utilize | 2 |
| open road tolling methods that allow payment of tolls at | 3 |
| highway speeds and (ii) comply with United States | 4 |
| Department of Transportation requirements and best | 5 |
| practices with respect to tolling methods; and | 6 |
| (5) authorize the collection of user fees by a third | 7 |
| party. | 8 |
| (e) In the public-private agreement, the Department may | 9 |
| agree to make grants or loans for the development or operation, | 10 |
| or both, of Illiana from time to time from amounts received | 11 |
| from the federal government or any agency or instrumentality of | 12 |
| the federal government or from any State or local agency. | 13 |
| (f) Upon the termination or expiration of the | 14 |
| public-private agreement, including a termination for default, | 15 |
| the Department shall have the right to take over Illiana and to | 16 |
| succeed to all of the right, title, and interest in Illiana, | 17 |
| subject to any liens on revenues previously granted by the | 18 |
| contractor to any person providing financing for Illiana. | 19 |
| (g) If the Department elects to take over Illiana as | 20 |
| provided in subsection (f) of this Section, the Department may | 21 |
| do the following: | 22 |
| (1) develop, finance, or operate the project, | 23 |
| including through the public-private agreement entered | 24 |
| into in accordance with this Act; or | 25 |
| (2) impose, collect, retain, and use user fees, if any, | 26 |
| for the project. |
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| (h) If the Department elects to take over Illiana as | 2 |
| provided in subsection (f) of this Section, the Department may | 3 |
| use the revenues, if any, for any lawful purpose, including to: | 4 |
| (1) make payments to individuals or entities in | 5 |
| connection with any financing of Illiana; | 6 |
| (2) permit a contractor to receive some or all of the | 7 |
| revenues under the public-private agreement entered into | 8 |
| under this Act; | 9 |
| (3) pay development costs of Illiana; | 10 |
| (4) pay current operation costs of Illiana; and | 11 |
| (5) pay the contractor for any compensation or payment | 12 |
| owing upon termination. | 13 |
| (i) All real property acquired as a part of Illiana shall | 14 |
| be held in the name of the State of Illinois upon termination | 15 |
| of Illiana. | 16 |
| (j) The full faith and credit of the State or any political | 17 |
| subdivision of the State or the Department is not pledged to | 18 |
| secure any financing of the contractor by the election to take | 19 |
| over Illiana. Assumption of development or operation, or both, | 20 |
| of Illiana does not obligate the State or any political | 21 |
| subdivision of the State or the Department to pay any | 22 |
| obligation of the contractor. | 23 |
| (k) The Department may enter into the public-private | 24 |
| agreement with multiple approved proposers if the Department | 25 |
| determines in writing that it is in the public interest to do | 26 |
| so. |
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| (l) The public-private agreement shall not include any | 2 |
| provision under which the Department agrees to restrict or to | 3 |
| provide compensation to the private entity for the construction | 4 |
| or operation of a competing transportation facility during the | 5 |
| term of the public-private agreement. | 6 |
| (m) With respect to a public-private agreement entered into | 7 |
| by the Department, the Department shall certify in its State | 8 |
| budget request to the Governor each year the amount required by | 9 |
| the Department during the next State fiscal year to enable the | 10 |
| Department to make any payment obligated to be made by the | 11 |
| Department pursuant to that public-private agreement, and the | 12 |
| Governor shall include that amount in the State budget | 13 |
| submitted to the General Assembly. | 14 |
| Section 40. Development and operations standards for | 15 |
| Illiana. | 16 |
| (a) The plans and specifications, if any, for Illiana | 17 |
| developed under this Act must comply with: | 18 |
| (1) the Department's standards for other projects of a | 19 |
| similar nature or as otherwise provided in the | 20 |
| public-private agreement; | 21 |
| (2) the Professional Engineering Practice Act of 1989, | 22 |
| the Structural Engineering Practice Act of 1989, the | 23 |
| Illinois Architecture Practice Act of 1989, and the | 24 |
| Illinois Professional Land Surveyor Act of 1989; and | 25 |
| (3) any other applicable State or federal standards. |
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| (b) The Illiana Expressway constructed or operated under | 2 |
| this Act is considered to be part of the State highway system | 3 |
| for purposes of identification, maintenance standards, and | 4 |
| enforcement of traffic laws under the jurisdiction of the | 5 |
| Department. | 6 |
| (c) The Department may enter into agreements with the | 7 |
| contractor for maintenance or other services under this Act. | 8 |
| (d) Any electronic toll collection system used on the toll | 9 |
| highway as part of Illiana must be compatible with the | 10 |
| electronic toll collection system used by the Illinois State | 11 |
| Toll Highway Authority. | 12 |
| Section 45. Financial arrangements. | 13 |
| (a) The Department may do any combination of applying for, | 14 |
| executing, or endorsing applications submitted by private | 15 |
| entities to obtain federal, State, or local credit assistance | 16 |
| developing, financing, or operating Illiana under this Act, | 17 |
| including loans, lines of credit, and guarantees. | 18 |
| (b) The Department may take any action to obtain federal, | 19 |
| State, or local assistance for Illiana that serves the public | 20 |
| purpose of this Act and may enter into any contracts required | 21 |
| to receive the federal assistance. The Department may determine | 22 |
| that it serves the public purpose of this Act for all or any | 23 |
| portion of the costs of Illiana to be paid, directly or | 24 |
| indirectly, from the proceeds of a grant or loan, line of | 25 |
| credit, or loan guarantee made by a local, State, or federal |
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| government or any agency or instrumentality of a local, State, | 2 |
| or federal government. Such assistance may include, but not be | 3 |
| limited to, federal credit assistance pursuant to the | 4 |
| Transportation Infrastructure Finance and Innovation Act | 5 |
| (TIFIA). | 6 |
| (c) The Department may agree to make grants or loans for | 7 |
| the development, financing, or operation of Illiana from time | 8 |
| to time, from amounts received from the federal, State, or | 9 |
| local government or any agency or instrumentality of the | 10 |
| federal, State, or local government. | 11 |
| (d) Any financing of Illiana may be in the amounts and upon | 12 |
| the terms and conditions that are determined by the parties to | 13 |
| the public-private agreement. | 14 |
| (e) For the purpose of financing Illiana, the contractor | 15 |
| and the Department may do the following: | 16 |
| (1) propose to use any and all revenues that may be | 17 |
| available to them; | 18 |
| (2) enter into grant agreements; | 19 |
| (3) access any other funds available to the Department; | 20 |
| and | 21 |
| (4) accept grants from the Department or other public | 22 |
| or private agency or entity. | 23 |
| (f) For the purpose of financing Illiana, public funds may | 24 |
| be used and mixed and aggregated with funds provided by or on | 25 |
| behalf of the contractor or other private entities. | 26 |
| (g) For the purpose of financing Illiana, the Department is |
|
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| 1 |
| authorized to do any combination of applying for, executing, or | 2 |
| endorsing applications for an allocation of tax-exempt bond | 3 |
| financing authorization provided by Section 142(m) of the | 4 |
| United States Internal Revenue Code, as well as financing | 5 |
| available under any other federal law or program. | 6 |
| (h) Any bonds, debt, or other securities or other financing | 7 |
| issued for the purposes of this Act 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 |
| Section 50. Acquisition of property. | 12 |
| (a) The Department may exercise any power of condemnation | 13 |
| or eminent domain, including quick-take powers, that it has | 14 |
| under law, including, in the case of the Department, all powers | 15 |
| for acquisition of property rights granted it in the Illinois | 16 |
| Highway Code, for the purpose of acquiring any lands or estates | 17 |
| or interests in land for Illiana to the extent provided in the | 18 |
| public-private agreement or otherwise to the extent that the | 19 |
| Department finds that the action serves the public purpose of | 20 |
| this Act and deems it appropriate in the exercise of its powers | 21 |
| under this Act. | 22 |
| (b) The Department and an approved proposer may enter into | 23 |
| the leases, licenses, easements, and other grants of property | 24 |
| interests that the Department determines necessary to carry out | 25 |
| this Act. |
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| Section 55. Labor. | 2 |
| (a) The public-private agreement related to Illiana shall | 3 |
| require the contractor to enter into a project labor agreement. | 4 |
| (b) The public-private agreement related to Illiana shall | 5 |
| require all construction contractors to comply with the | 6 |
| requirements of Section 30-22 of the Illinois Procurement Code | 7 |
| as they apply to responsible bidders and to present | 8 |
| satisfactory evidence of that compliance to the Department, | 9 |
| unless Illiana is federally funded and the application of those | 10 |
| requirements would jeopardize the receipt or use of federal | 11 |
| funds in support of Illiana. | 12 |
| (c) Each contractor and sub-contractor participating in a | 13 |
| public-private agreement related to Illiana shall, with | 14 |
| respect to employees assigned work related to Illiana and who | 15 |
| are not otherwise members of an existing bargaining unit | 16 |
| cognizable under the National Labor Relations Act of 1935, and | 17 |
| where not otherwise prohibited by applicable law, the | 18 |
| contractor shall negotiate in good faith with any union that | 19 |
| seeks to represent its employees for a labor neutrality and | 20 |
| card check procedure agreement. The agreement shall apply only | 21 |
| to employees actually assigned work related to Illiana and | 22 |
| shall have no applicability to employees not so assigned. The | 23 |
| agreement shall contain provisions accomplishing the following | 24 |
| objectives: resolution by a third party neutral of | 25 |
| disagreements regarding bargaining unit scope, inclusions, and |
|
|
|
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| exclusions; determination of the existence of majority support | 2 |
| for a bargaining agent by means of a card check procedure; and | 3 |
| prohibition of coercion or intimidation of employees by either | 4 |
| the employer or the union. | 5 |
| Section 60. Law enforcement. | 6 |
| (a) All law enforcement officers of the State and of each | 7 |
| affected local jurisdiction have the same powers and | 8 |
| jurisdiction within the limits of Illiana as they have in their | 9 |
| respective areas of jurisdiction. | 10 |
| (b) Law enforcement officers shall have access to Illiana | 11 |
| at any time for the purpose of exercising the law enforcement | 12 |
| officers' powers and jurisdiction. | 13 |
| (c) The traffic and motor vehicle laws of the State of | 14 |
| Illinois or, if applicable, any local jurisdiction shall be the | 15 |
| same as those applying to conduct on similar projects in the | 16 |
| State of Illinois or the local jurisdiction. | 17 |
| (d) Punishment for infractions and offenses shall be as | 18 |
| prescribed by law for conduct occurring on similar projects in | 19 |
| the State of Illinois or the local jurisdiction. | 20 |
| Section 65. Term of agreement; reversion of property to the | 21 |
| Department. | 22 |
| (a) The term of the public-private agreement, including all | 23 |
| extensions, may not exceed 99 years. | 24 |
| (b) The Department shall terminate the contractor's |
|
|
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| authority and duties under the public-private agreement on the | 2 |
| date set forth in the public-private agreement. | 3 |
| (c) Upon termination of the public-private agreement, the | 4 |
| authority and duties of the contractor under this Act cease, | 5 |
| except for those duties and obligations that extend beyond the | 6 |
| termination, as set forth in the public-private agreement, and | 7 |
| all interests in Illiana shall revert to the Department. | 8 |
| Section 70. Additional powers of the Department with | 9 |
| respect to Illiana. | 10 |
| (a) The Department may exercise any powers provided under | 11 |
| this Act in participation or cooperation with any governmental | 12 |
| entity and enter into any contracts to facilitate that | 13 |
| participation or cooperation without compliance with any other | 14 |
| statute. The Department shall cooperate with other | 15 |
| governmental entities under this Act. | 16 |
| (b) The Department may make and enter into all contracts | 17 |
| and agreements necessary or incidental to the performance of | 18 |
| the Department's duties and the execution of the Department's | 19 |
| powers under this Act. Except as otherwise required by law, | 20 |
| these contracts or agreements are not subject to any approvals | 21 |
| other than the approval of the Department, Governor, or federal | 22 |
| agencies. | 23 |
| (c) The Department may pay the costs incurred under the | 24 |
| public-private agreement entered into under this Act from any | 25 |
| funds available to the Department for the purpose of Illiana |
|
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| under this Act or any other statute. | 2 |
| (d) The Department or other State agency may not take any | 3 |
| action that would impair the public-private agreement entered | 4 |
| into under this Act, except as provided by law. | 5 |
| (e) The Department may enter into an agreement between and | 6 |
| among the contractor, the Department, and the Department of | 7 |
| State Police concerning the provision of law enforcement | 8 |
| assistance with respect to Illiana under this Act. | 9 |
| (f) The Department is authorized to enter into arrangements | 10 |
| with the Department of State Police related to costs incurred | 11 |
| in providing law enforcement assistance under this Act. | 12 |
| Section 75. Prohibited local action. A unit of local | 13 |
| government may not take any action that would have the effect | 14 |
| of impairing the public-private agreement under this Act. | 15 |
| Section 80. Powers liberally construed. The powers | 16 |
| conferred by this Act shall be liberally construed in order to | 17 |
| accomplish their purposes and shall be in addition and | 18 |
| supplemental to the powers conferred by any other law. If any | 19 |
| other law or rule is inconsistent with this Act, this Act is | 20 |
| controlling as to any public-private agreement entered into | 21 |
| under this Act. | 22 |
| Section 85. Full and complete authority. This Act contains | 23 |
| full and complete authority for agreements and leases with |
|
|
|
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| private entities to carry out the activities described in this | 2 |
| Act. Except as otherwise required by law, no procedure, | 3 |
| proceedings, publications, notices, consents, approvals, | 4 |
| orders, or acts by the Department or any other State or local | 5 |
| agency or official are required to enter into an agreement or | 6 |
| lease. | 7 |
| Section 90. Severability. The provisions of this Act are | 8 |
| severable under Section 1.31 of the Statute on Statutes. | 9 |
| Section 905. The Department of Transportation Law of the
| 10 |
| Civil Administrative Code of Illinois is amended by adding | 11 |
| Section 2705-220 as follows: | 12 |
| (20 ILCS 2705/2705-220 new) | 13 |
| Sec. 2705-220. Public-private partnerships for | 14 |
| transportation. The Department may exercise all powers granted | 15 |
| to it under the Illiana Expressway Public-Private Partnerships | 16 |
| for Transportation Act. | 17 |
| Section 910. The Illinois Finance Authority Act is amended | 18 |
| by adding Section 825-105 as follows: | 19 |
| (20 ILCS 3501/825-105 new) | 20 |
| Sec. 825-105. Illiana financing. For the purpose of | 21 |
| financing Illiana under the Illiana Expressway Public-Private |
|
|
|
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| Partnerships for Transportation Act, the Authority is | 2 |
| authorized to apply for an allocation of tax-exempt bond | 3 |
| financing authorization provided by Section 142(m) of the | 4 |
| United States Internal Revenue Code, as well as financing | 5 |
| available under any other federal law or program. | 6 |
| Section 915. The Illinois Procurement Code is amended by | 7 |
| changing Section 1-10 as follows:
| 8 |
| (30 ILCS 500/1-10)
| 9 |
| Sec. 1-10. Application.
| 10 |
| (a) This Code applies only to procurements for which | 11 |
| contractors were first
solicited on or after July 1, 1998. This | 12 |
| Code shall not be construed to affect
or impair any contract, | 13 |
| or any provision of a contract, entered into based on a
| 14 |
| solicitation prior to the implementation date of this Code as | 15 |
| described in
Article 99, including but not limited to any | 16 |
| covenant entered into with respect
to any revenue bonds or | 17 |
| similar instruments.
All procurements for which contracts are | 18 |
| solicited between the effective date
of Articles 50 and 99 and | 19 |
| July 1, 1998 shall be substantially in accordance
with this | 20 |
| Code and its intent.
| 21 |
| (b) This Code shall apply regardless of the source of the | 22 |
| funds with which
the contracts are paid, including federal | 23 |
| assistance moneys.
This Code shall
not apply to:
| 24 |
| (1) Contracts between the State and its political |
|
|
|
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| subdivisions or other
governments, or between State | 2 |
| governmental bodies except as specifically
provided in | 3 |
| this Code.
| 4 |
| (2) Grants, except for the filing requirements of | 5 |
| Section 20-80.
| 6 |
| (3) Purchase of care.
| 7 |
| (4) Hiring of an individual as employee and not as an | 8 |
| independent
contractor, whether pursuant to an employment | 9 |
| code or policy or by contract
directly with that | 10 |
| individual.
| 11 |
| (5) Collective bargaining contracts.
| 12 |
| (6) Purchase of real estate, except that notice of this | 13 |
| type of contract with a value of more than $25,000 must be | 14 |
| published in the Procurement Bulletin within 7 days after | 15 |
| the deed is recorded in the county of jurisdiction. The | 16 |
| notice shall identify the real estate purchased, the names | 17 |
| of all parties to the contract, the value of the contract, | 18 |
| and the effective date of the contract.
| 19 |
| (7) Contracts necessary to prepare for anticipated | 20 |
| litigation, enforcement
actions, or investigations, | 21 |
| provided
that the chief legal counsel to the Governor shall | 22 |
| give his or her prior
approval when the procuring agency is | 23 |
| one subject to the jurisdiction of the
Governor, and | 24 |
| provided that the chief legal counsel of any other | 25 |
| procuring
entity
subject to this Code shall give his or her | 26 |
| prior approval when the procuring
entity is not one subject |
|
|
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| to the jurisdiction of the Governor.
| 2 |
| (8) Contracts for
services to Northern Illinois | 3 |
| University by a person, acting as
an independent | 4 |
| contractor, who is qualified by education, experience, and
| 5 |
| technical ability and is selected by negotiation for the | 6 |
| purpose of providing
non-credit educational service | 7 |
| activities or products by means of specialized
programs | 8 |
| offered by the university.
| 9 |
| (9) Procurement expenditures by the Illinois | 10 |
| Conservation Foundation
when only private funds are used.
| 11 |
| (10) Except for Section 20-160 and Article 50 of this | 12 |
| Code, and as expressly set forth in the Illiana Expressway | 13 |
| Public-Private Partnerships for Transportation Act, the | 14 |
| provisions of this Code do not apply to the procurement | 15 |
| process provided for under the Illiana Expressway | 16 |
| Public-Private Partnerships for Transportation Act. | 17 |
| (c) This Code does not apply to the electric power | 18 |
| procurement process provided for under Section 1-75 of the | 19 |
| Illinois Power Agency Act and Section 16-111.5 of the Public | 20 |
| Utilities Act. | 21 |
| (d) Except for Section 20-160 and Article 50 of this Code, | 22 |
| and as expressly required by Section 9.1 of the Illinois | 23 |
| Lottery Law, the provisions of this Code do not apply to the | 24 |
| procurement process provided for under Section 9.1 of the | 25 |
| Illinois Lottery Law. | 26 |
| (Source: P.A. 95-481, eff. 8-28-07; 95-615, eff. 9-11-07; |
|
|
|
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| 95-876, eff. 8-21-08; 96-840, eff. 12-23-09.)
| 2 |
| Section 920. The Public Construction Bond Act is amended by | 3 |
| adding Section 1.5 as follows: | 4 |
| (30 ILCS 550/1.5 new) | 5 |
| Sec. 1.5. Public-private agreements. This Act applies to | 6 |
| any public-private agreement entered into under the Illiana | 7 |
| Expressway Public-Private Partnerships for Transportation Act. | 8 |
| Section 925. The Employment of Illinois Workers on Public | 9 |
| Works Act is amended by adding Section 2.5 as follows: | 10 |
| (30 ILCS 570/2.5 new) | 11 |
| Sec. 2.5. Public-private agreements. This Act applies to | 12 |
| any public-private agreement entered into under the Illiana | 13 |
| Expressway Public-Private Partnerships for Transportation Act. | 14 |
| Section 930. The Business Enterprise for Minorities, | 15 |
| Females, and Persons with
Disabilities Act is amended by adding | 16 |
| Section 2.5 as follows: | 17 |
| (30 ILCS 575/2.5 new) | 18 |
| Sec. 2.5. Public-private agreements. This Act applies to | 19 |
| any public-private agreement entered into under the Illiana | 20 |
| Expressway Public-Private Partnerships for Transportation Act. |
|
|
|
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| Section 935. The Retailers' Occupation Tax Act is amended | 2 |
| by adding Section 1q as follows: | 3 |
| (35 ILCS 120/1q new) | 4 |
| Sec. 1q. Building materials exemption; Illiana | 5 |
| public-private partnership. | 6 |
| (a) Each retailer that makes a qualified sale of building | 7 |
| materials to be incorporated into "Illiana" as defined in the | 8 |
| Illiana Expressway Public-Private Partnerships for | 9 |
| Transportation Act, by remodeling, rehabilitating, or new | 10 |
| construction, may deduct receipts from those sales when | 11 |
| calculating the tax imposed by this Act. | 12 |
| (b) As used in this Section, "qualified sale" means a sale | 13 |
| of building materials that will be incorporated into Illiana | 14 |
| for which a Certificate of Eligibility for Sales Tax Exemption | 15 |
| has been issued by the Illinois Department of Transportation, | 16 |
| which has authority over the project. | 17 |
| (c) To document the exemption allowed under this Section, | 18 |
| the retailer must obtain from the purchaser a copy of the | 19 |
| Certificate of Eligibility for Sales Tax Exemption issued by | 20 |
| the Illinois Department of Transportation, which has | 21 |
| jurisdiction over the project into which the building materials | 22 |
| will be incorporated is located. The Certificate of Eligibility | 23 |
| for Sales Tax Exemption must contain all of the following: | 24 |
| (1) statement that the project identified in the |
|
|
|
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| Certificate meets all the requirements of the Illinois | 2 |
| Department of Transportation; | 3 |
| (2) the location or address of the project; and | 4 |
| (3) the signature of the Secretary of the Illinois | 5 |
| Department of Transportation, which has authority over | 6 |
| Illiana or the Secretary's delegate. | 7 |
| (d) In addition to meeting the requirements of subsection | 8 |
| (c) of this Act, the retailer must obtain a certificate from | 9 |
| the purchaser that contains all of the following: | 10 |
| (1) a statement that the building materials are being | 11 |
| purchased for incorporation into Illiana in accordance | 12 |
| with the Illiana Expressway Public-Private Partnerships | 13 |
| for Transportation Act; | 14 |
| (2) the location or address of the project into which | 15 |
| the building materials will be incorporated; | 16 |
| (3) the name of the project; | 17 |
| (4) a description of the building materials being | 18 |
| purchased; and | 19 |
| (5) the purchaser's signature and date of purchase. | 20 |
| (e) This Section is exempt from Section 2-70 of this Act. | 21 |
| Section 940. The Property Tax Code is amended by changing | 22 |
| Section 15-55 as follows: | 23 |
| (35 ILCS 200/15-55)
| 24 |
| Sec. 15-55. State property.
|
|
|
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| (a) All property belonging to the State of Illinois
is | 2 |
| exempt. However, the State agency holding title shall file the | 3 |
| certificate
of ownership and use required by Section 15-10, | 4 |
| together with a copy of any
written lease or agreement, in | 5 |
| effect on March 30 of the assessment year,
concerning parcels | 6 |
| of 1 acre or more, or an explanation of the terms of any
oral | 7 |
| agreement under which the property is leased, subleased or | 8 |
| rented.
| 9 |
| The leased property shall be assessed to the lessee and the | 10 |
| taxes thereon
extended and billed to the lessee, and collected | 11 |
| in the same manner as
for property which is not exempt. The | 12 |
| lessee shall be liable
for the taxes and no lien shall attach | 13 |
| to the property of the State.
| 14 |
| For the purposes of this Section, the word "leases" | 15 |
| includes
licenses, franchises, operating agreements and other | 16 |
| arrangements under which
private individuals, associations or | 17 |
| corporations are granted the right to use
property of the | 18 |
| Illinois State Toll Highway Authority and includes all property
| 19 |
| of the Authority used by others without regard to the size of | 20 |
| the leased
parcel.
| 21 |
| (b) However, all property of every kind belonging to the | 22 |
| State of
Illinois, which
is or may hereafter be leased to the | 23 |
| Illinois Prairie Path Corporation, shall
be exempt from all | 24 |
| assessments, taxation or collection, despite the making of
any | 25 |
| such lease, if it is used for:
| 26 |
| (1) conservation, nature trail or any other |
|
|
|
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| 1 |
| charitable,
scientific,
educational or recreational | 2 |
| purposes with public benefit, including the
preserving and | 3 |
| aiding in the preservation of natural areas, objects, | 4 |
| flora,
fauna or biotic communities;
| 5 |
| (2) the establishment of footpaths, trails and other | 6 |
| protected
areas;
| 7 |
| (3) the conservation of the proper use of natural
| 8 |
| resources or the promotion of the study of plant and animal | 9 |
| communities and
of other phases of ecology, natural history | 10 |
| and conservation;
| 11 |
| (4) the promotion of education in the fields of nature,
| 12 |
| preservation and
conservation; or
| 13 |
| (5) similar public recreational activities conducted | 14 |
| by the
Illinois
Prairie
Path Corporation.
| 15 |
| No lien shall attach to the property of the State. No tax | 16 |
| liability shall
become the obligation of or be enforceable | 17 |
| against Illinois Prairie Path
Corporation.
| 18 |
| (c) If the State sells the
James R.
Thompson Center
or the | 19 |
| Elgin Mental Health Center and surrounding land located at 750 | 20 |
| S.
State Street,
Elgin, Illinois, as provided in subdivision | 21 |
| (a)(2) of Section 7.4 of
the State Property Control Act,
to
| 22 |
| another entity whose property is not exempt and immediately | 23 |
| thereafter enters
into a
leaseback or other agreement that | 24 |
| directly or indirectly gives the State a
right to use,
control, | 25 |
| and possess the property, that portion of the property leased | 26 |
| and
occupied exclusively by the State shall remain exempt under |
|
|
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| this
Section.
For the property to remain exempt under this | 2 |
| subsection (c), the State must
retain an
option to purchase the | 3 |
| property at a future date or, within the limitations
period for
| 4 |
| reverters, the property must revert back to the State.
| 5 |
| If the property has been conveyed as described in this | 6 |
| subsection (c), the
property
is no longer exempt pursuant to | 7 |
| this Section as of the date when:
| 8 |
| (1) the right of the State to use, control, and possess | 9 |
| the property has
been
terminated; or
| 10 |
| (2) the State no longer has an option to
purchase or | 11 |
| otherwise acquire the property and
there is no provision | 12 |
| for a reverter of the property to the State
within the | 13 |
| limitations period for reverters.
| 14 |
| Pursuant to Sections 15-15 and 15-20 of this Code, the | 15 |
| State shall notify the
chief
county assessment officer of any | 16 |
| transaction under this subsection (c). The
chief county
| 17 |
| assessment officer shall determine initial and continuing | 18 |
| compliance with the
requirements of this Section for tax | 19 |
| exemption. Failure to notify the chief
county
assessment | 20 |
| officer of a transaction under this subsection (c) or to | 21 |
| otherwise
comply with
the requirements of Sections 15-15 and | 22 |
| 15-20 of this Code shall, in the
discretion of the
chief county | 23 |
| assessment officer, constitute cause to terminate the | 24 |
| exemption,
notwithstanding any other provision of this Code.
| 25 |
| (c-1) If the Illinois State Toll Highway Authority sells | 26 |
| the
Illinois State Toll Highway Authority headquarters |
|
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| building and surrounding
land,
located at 2700 Ogden Avenue, | 2 |
| Downers Grove, Illinois
as provided in subdivision (a)(2) of | 3 |
| Section 7.5 of
the State Property Control Act,
to
another | 4 |
| entity whose property is not exempt and immediately thereafter | 5 |
| enters
into a
leaseback or other agreement that directly or | 6 |
| indirectly gives the State or the
Illinois State Toll Highway | 7 |
| Authority a
right to use,
control, and possess the property, | 8 |
| that portion of the property leased and
occupied exclusively by | 9 |
| the State or the Authority shall remain exempt under
this
| 10 |
| Section.
For the property to remain exempt under this | 11 |
| subsection (c), the Authority must
retain an
option to purchase | 12 |
| the property at a future date or, within the limitations
period | 13 |
| for
reverters, the property must revert back to the Authority.
| 14 |
| If the property has been conveyed as described in this | 15 |
| subsection (c), the
property
is no longer exempt pursuant to | 16 |
| this Section as of the date when:
| 17 |
| (1) the right of the State or the Authority to use, | 18 |
| control, and possess
the
property has
been
terminated; or
| 19 |
| (2) the Authority no longer has an option to
purchase | 20 |
| or otherwise acquire the property and
there is no provision | 21 |
| for a reverter of the property to the Authority
within the | 22 |
| limitations period for reverters.
| 23 |
| Pursuant to Sections 15-15 and 15-20 of this Code, the | 24 |
| Authority
shall notify the
chief
county assessment officer of | 25 |
| any transaction under this subsection (c). The
chief county
| 26 |
| assessment officer shall determine initial and continuing |
|
|
|
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| 1 |
| compliance with the
requirements of this Section for tax | 2 |
| exemption. Failure to notify the chief
county
assessment | 3 |
| officer of a transaction under this subsection (c) or to | 4 |
| otherwise
comply with
the requirements of Sections 15-15 and | 5 |
| 15-20 of this Code shall, in the
discretion of the
chief county | 6 |
| assessment officer, constitute cause to terminate the | 7 |
| exemption,
notwithstanding any other provision of this Code.
| 8 |
| (d) The fair market rent of each parcel of real property in | 9 |
| Will
County owned by the State of Illinois for the purpose of | 10 |
| developing an airport
by the Department of Transportation shall | 11 |
| include the assessed value of
leasehold tax. The lessee of each | 12 |
| parcel of real property in Will
County owned by
the
State of | 13 |
| Illinois for the purpose of developing an airport by the | 14 |
| Department of
Transportation shall not be liable for the taxes | 15 |
| thereon. In order for the
State to
compensate taxing districts | 16 |
| for
the leasehold tax under this paragraph
the Will County | 17 |
| Supervisor of Assessments shall
certify, in
writing, to the
| 18 |
| Department of Transportation, the amount of leasehold taxes
| 19 |
| extended for the 2002 property tax
year for
each such exempt | 20 |
| parcel.
The Department of Transportation shall pay to the Will
| 21 |
| County
Treasurer, from the Tax Recovery Fund, on or before July | 22 |
| 1 of each
year, the amount of leasehold taxes for each such | 23 |
| exempt parcel as certified
by the Will County Supervisor of | 24 |
| Assessments. The tax compensation shall
terminate
on
December | 25 |
| 31, 2020. It is the duty of the Department of Transportation to | 26 |
| file
with the
Office of the Will County Supervisor of |
|
|
|
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| 1 |
| Assessments an affidavit stating the
termination
date for | 2 |
| rental of each such parcel due to airport construction. The | 3 |
| affidavit
shall include
the property identification number for | 4 |
| each such parcel. In no instance shall
tax
compensation for | 5 |
| property owned by the State be deemed delinquent or bear
| 6 |
| interest. In
no instance shall a lien attach to the property of | 7 |
| the State. In no instance
shall the State
be required to pay | 8 |
| leasehold tax compensation in excess of the Tax
Recovery Fund's | 9 |
| balance.
| 10 |
| (e) Public Act 81-1026 applies to all leases or agreements | 11 |
| entered into
or
renewed on or after September 24, 1979.
| 12 |
| (f) Notwithstanding anything to the contrary in this | 13 |
| Section, all property owned by the State that is defined as | 14 |
| part of Illiana under the Illiana Expressway Public-Private | 15 |
| Partnerships for Transportation Act and that is used for | 16 |
| transportation purposes and that is leased for those purposes | 17 |
| to another entity whose property is not exempt shall remain | 18 |
| exempt, and any leasehold interest in the property shall not be | 19 |
| subject to taxation under Section 9-195 of this Act. | 20 |
| (Source: P.A. 95-331, eff. 8-21-07; 96-192, eff. 8-10-09.)
| 21 |
| Section 945. The Prevailing Wage Act is amended by changing | 22 |
| Section 2 as follows:
| 23 |
| (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 24 |
| Sec. 2. This Act applies to the wages of laborers, |
|
|
|
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| 1 |
| mechanics and
other workers employed in any public works, as | 2 |
| hereinafter defined, by
any public body and to anyone under | 3 |
| contracts for public works. This includes any maintenance, | 4 |
| repair, assembly, or disassembly work performed on equipment | 5 |
| whether owned, leased, or rented.
| 6 |
| As used in this Act, unless the context indicates | 7 |
| otherwise:
| 8 |
| "Public works" means all fixed works constructed or | 9 |
| demolished by
any public body,
or paid for wholly or in part | 10 |
| out of public funds. "Public works" as
defined herein includes | 11 |
| all projects financed in whole
or in part with bonds, grants, | 12 |
| loans, or other funds made available by or through the State or | 13 |
| any of its political subdivisions, including but not limited | 14 |
| to: bonds issued under the Industrial Project Revenue Bond
Act | 15 |
| (Article 11, Division 74 of the Illinois Municipal Code), the | 16 |
| Industrial
Building Revenue Bond Act, the Illinois Finance | 17 |
| Authority Act,
the Illinois Sports Facilities Authority Act, or | 18 |
| the Build Illinois Bond Act; loans or other funds made
| 19 |
| available pursuant to the Build Illinois Act; or funds from the | 20 |
| Fund for
Illinois' Future under Section 6z-47 of the State | 21 |
| Finance Act, funds for school
construction under Section 5 of | 22 |
| the General Obligation Bond Act, funds
authorized under Section | 23 |
| 3 of the School Construction Bond Act, funds for
school | 24 |
| infrastructure under Section 6z-45 of the State Finance Act, | 25 |
| and funds
for transportation purposes under Section 4 of the | 26 |
| General Obligation Bond
Act. "Public works" also includes (i) |
|
|
|
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| 1 |
| all projects financed in whole or in part
with funds from the | 2 |
| Department of Commerce and Economic Opportunity under the | 3 |
| Illinois Renewable Fuels Development Program
Act for which | 4 |
| there is no project labor agreement and (ii) all projects | 5 |
| undertaken under the public-private agreement under the | 6 |
| Illiana Expressway Public-Private Partnerships for | 7 |
| Transportation Act for the Illiana Expressway . "Public works" | 8 |
| also includes all projects at leased facility property used for | 9 |
| airport purposes under Section 35 of the Local Government | 10 |
| Facility Lease Act. "Public works" also includes the | 11 |
| construction of a new wind power facility by a business | 12 |
| designated as a High Impact Business under Section 5.5(a)(3)(E) | 13 |
| of the Illinois Enterprise Zone Act.
"Public works" does not | 14 |
| include work done directly by any public utility company, | 15 |
| whether or not done under public supervision or direction, or | 16 |
| paid for wholly or in part out of public funds. "Public works" | 17 |
| does not include projects undertaken by the owner at an | 18 |
| owner-occupied single-family residence or at an owner-occupied | 19 |
| unit of a multi-family residence.
| 20 |
| "Construction" means all work on public works involving | 21 |
| laborers,
workers or mechanics. This includes any maintenance, | 22 |
| repair, assembly, or disassembly work performed on equipment | 23 |
| whether owned, leased, or rented.
| 24 |
| "Locality" means the county where the physical work upon | 25 |
| public works
is performed, except (1) that if there is not | 26 |
| available in the county a
sufficient number of competent |
|
|
|
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| 1 |
| skilled laborers, workers and mechanics
to construct the public | 2 |
| works efficiently and properly, "locality"
includes any other | 3 |
| county nearest the one in which the work or
construction is to | 4 |
| be performed and from which such persons may be
obtained in | 5 |
| sufficient numbers to perform the work and (2) that, with
| 6 |
| respect to contracts for highway work with the Department of
| 7 |
| Transportation of this State, "locality" may at the discretion | 8 |
| of the
Secretary of the Department of Transportation be | 9 |
| construed to include
two or more adjacent counties from which | 10 |
| workers may be accessible for
work on such construction.
| 11 |
| "Public body" means the State or any officer, board or | 12 |
| commission of
the State or any political subdivision or | 13 |
| department thereof, or any
institution supported in whole or in | 14 |
| part by public funds,
and includes every county, city, town,
| 15 |
| village, township, school district, irrigation, utility, | 16 |
| reclamation
improvement or other district and every other | 17 |
| political subdivision,
district or municipality of the state | 18 |
| whether such political
subdivision, municipality or district | 19 |
| operates under a special charter
or not.
| 20 |
| The terms "general prevailing rate of hourly wages", | 21 |
| "general
prevailing rate of wages" or "prevailing rate of | 22 |
| wages" when used in
this Act mean the hourly cash wages plus | 23 |
| fringe benefits for training and
apprenticeship programs | 24 |
| approved by the U.S. Department of Labor, Bureau of
| 25 |
| Apprenticeship and Training, health and welfare, insurance, | 26 |
| vacations and
pensions paid generally, in the
locality in which |
|
|
|
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| 1 |
| the work is being performed, to employees engaged in
work of a | 2 |
| similar character on public works.
| 3 |
| (Source: P.A. 95-341, eff. 8-21-07; 96-28, eff. 7-1-09; 96-58, | 4 |
| eff. 1-1-10; 96-186, eff. 1-1-10; revised 8-20-09.)
| 5 |
| Section 999. Effective date. This Act takes effect upon | 6 |
| becoming law.".
|
|