Illinois General Assembly - Full Text of HB0779
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Full Text of HB0779  103rd General Assembly


Rep. Nicholas K. Smith

Filed: 3/21/2023





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2    AMENDMENT NO. ______. Amend House Bill 779 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Reimagining Hotel Florence Act.
6    Section 5. Legislative intent. Originally built in 1881,
7the Hotel Florence is located within the Pullman Historic
8District and was placed on the National Register of Historic
9Places in 1969 and was designated a National Historic Landmark
10on December 30, 1970. To save it from demolition the Historic
11Pullman Foundation purchased the hotel in 1975 and maintained
12ownership until 1991 when the State of Illinois took title of
13the building. The Hotel Florence is continually closed for
14renovations and is a semi-closed public space.
15    The hotel sits next to the Pullman National Historic
16Landmark District, which was designated as a National Monument



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1in 2015 and recently redesignated as Illinois's first National
2Park on December 29, 2022 and is operated by the U.S. National
3Park Service. This redesignation allows for the National Park
4Service to enter into cooperative agreements with outside
5parties for interpretive and educational programs at
6nonfederal historic properties within the boundaries of the
7park and to provide assistance for the preservation of
8nonfederal land within the boundaries of the historical park
9and at sites in close proximity to it, which may include the
10Hotel Florence.
11    The General Assembly has allocated $21,000,000 in capital
12infrastructure funds to aid in the redevelopment of the Hotel
14    The General Assembly finds that allowing for the
15Department of Natural Resources to enter into a public-private
16partnership that will allow the Hotel Florence to become a
17fully reactivated space in a timely manner that is in the
18public benefit of the State and the local Pullman community.
19    Section 10. Definitions. In this Act:
20    "Agreement" means a public-private agreement.
21    "Contractor" means a person that has been selected to
22enter or has entered into a public-private agreement with the
23Department on behalf of the State for the development,
24financing, construction, management, or operation of the Hotel
25Florence pursuant to this Act.



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1    "Department" means the Department of Natural Resources.
2    "Hotel Florence" means real property in City of Chicago
3located within the Pullman Historic District that is owned by
4the Illinois Department of Natural Resources and was acquired
5in 1991, at the address of 11111 S. Forrestville Avenue,
6Chicago, Illinois, as well as the adjacent Hotel Florence
7Annex building located at 537 East 111th Street, Chicago,
8Illinois 60628 and any associated grounds connected to either
10    "Maintain" or "maintenance" includes ordinary maintenance,
11repair, rehabilitation, capital maintenance, maintenance
12replacement, and any other categories of maintenance that may
13be designated by the Department.
14    "Offeror" means a person that responds to a request for
15proposals under this Act.
16    "Operate" or "operation" means to do one or more of the
17following: maintain, improve, equip, modify, or otherwise
19    "Person" means any individual, firm, association, joint
20venture, partnership, estate, trust, syndicate, fiduciary,
21corporation, or any other legal entity, group, or combination
23    "Public-private agreement" means an agreement or contract
24between the Department on behalf of the State and all
25schedules, exhibits, and attachments thereto, entered into
26pursuant to a competitive request for proposals process



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1governed by this Act, for the development, financing,
2construction, management, or operation of the Hotel Florence
3under this Act.
4    "Revenues" means all revenues including, but not limited
5to, income, user fees, earnings, interest, lease payments,
6allocations, moneys from the federal government, the State,
7and units of local government, including, but not limited to,
8federal, State, and local appropriations, grants, loans, lines
9of credit, and credit guarantees; bond proceeds; equity
10investments; service payments; or other receipts arising out
11of or in connection with the financing, development,
12construction, management, or operation of the Hotel Florence.
13    "State" means the State of Illinois.
14    Section 15. Authority to enter public-private agreement.
15    (a) Notwithstanding any provision of law to the contrary,
16the Department on behalf of the State may, pursuant to a
17competitive request for proposals process governed by the
18Illinois Procurement Code, rules adopted under that Code, and
19this Act, enter into a public-private agreement to develop,
20finance, construct, lease, manage, or operate the Hotel
21Florence on behalf of the State, pursuant to which the
22contractors may receive certain revenues, including management
23or user fees in consideration of the payment of moneys to the
24State for that right.
25    (b) The term of a public-private agreement shall be no



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1less than 25 years and no more than 75 years.
2    (c) The term of a public-private agreement may be
3extended, but only if the extension is specifically authorized
4by the General Assembly by law.
5    Section 20. Procurement; prequalification. The Department
6may establish a process for prequalification of offerors. If
7the Department does create such a process, it shall:
8        (1) provide a public notice of the prequalification at
9    least 30 days prior to the date on which applications are
10    due;
11        (2) set forth requirements and evaluation criteria in
12    order to become prequalified;
13        (3) determine which offerors that have submitted
14    prequalification applications, if any, meet the
15    requirements and evaluation criteria; and
16        (4) allow only those offerors that have been
17    prequalified to respond to the request for proposals.
18    Section 25. Request for proposals process to enter into
19public-private agreement.
20    (a) Notwithstanding any provision of law to the contrary,
21the Department on behalf of the State shall select a
22contractor through a competitive request for proposals process
23governed by the Illinois Procurement Code and rules adopted
24under that Code and this Act.



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1    (b) The competitive request for proposals process shall,
2at a minimum, solicit statements of qualification and
3proposals from offerors.
4    (c) The competitive request for proposals process shall,
5at a minimum, take into account the following criteria:
6        (1) the offeror's plans for the Hotel Florence
7    project;
8        (2) the offeror's current and past business practices;
9        (3) the offeror's poor or inadequate past performance
10    in developing, financing, constructing, managing, or
11    operating historic landmark properties or other public
12    assets;
13        (4) the offeror's ability to meet and past performance
14    in meeting or exhausting good faith efforts to meet the
15    utilization goals for business enterprises established in
16    the Business Enterprise for Minorities, Women, and Persons
17    with Disabilities Act;
18        (5) the offeror's ability to comply with and past
19    performance in complying with Section 2-105 of the
20    Illinois Human Rights Act; and
21        (6) the offeror's plans to comply with the Business
22    Enterprise for Minorities, Women, and Persons with
23    Disabilities Act and Section 2-105 of the Illinois Human
24    Rights Act.
25    (d) The Department shall not include terms in the request
26for proposals that provide an advantage, whether directly or



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1indirectly, to any contractor presently providing goods,
2services, or equipment to the Department.
3    (e) The Department shall select one or more offerors as
5    (f) After the procedures required in this Section have
6been completed, the Department shall make a determination as
7to whether the offeror should be designated as the contractor
8for the Hotel Florence project and shall submit the decision
9to the Governor and to the Governor's Office of Management and
10Budget. After review of the Department's determination, the
11Governor may accept or reject the determination. If the
12Governor accepts the determination of the Department, the
13Governor shall designate the offeror for the Hotel Florence
15    Section 30. Provisions of the public-private agreement.
16    (a) The public-private agreement shall include all of the
18        (1) the term of the public-private agreement that is
19    consistent with Section 40;
20        (2) the powers, duties, responsibilities, obligations,
21    and functions of the Department and the contractor;
22        (3) compensation or payments to the Department, if
23    applicable;
24        (4) compensation or payments to the contractor, if
25    applicable;



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1        (5) a provision specifying that the Department:
2            (A) has ready access to information regarding the
3        contractor's powers, duties, responsibilities,
4        obligations, and functions under the public-private
5        agreement;
6            (B) has the right to demand and receive
7        information from the contractor concerning any aspect
8        of the contractor's powers, duties, responsibilities,
9        obligations, and functions under the public-private
10        agreement; and
11            (C) has the authority to direct or countermand
12        decisions by the contractor at any time;
13        (6) a provision imposing an affirmative duty on the
14    contractor to provide the Department with any information
15    the contractor reasonably believes the Department would
16    want to know or would need to know to enable the Department
17    to exercise its powers, carry out its duties,
18    responsibilities, and obligations, and perform its
19    functions under this Act or the public-private agreement
20    or as otherwise required by law;
21        (7) the authority of the Department to enter into
22    contracts with third parties pursuant to Section 40;
23        (8) the authority of the Department to request that
24    the contractor reimburse the Department for third party
25    consultants related to the monitoring the project;
26        (9) a provision governing the contractor's authority



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1    to negotiate and execute subcontracts with third parties;
2        (10) the authority of the contractor to impose user
3    fees and the amounts of those fees;
4        (11) a provision governing the deposit and allocation
5    of revenues including user fees;
6        (12) a provision governing rights to real and personal
7    property of the State, the Department, the contractor, and
8    other third parties;
9        (13) grounds for termination of the agreement by the
10    Department or the contractor and a restatement of the
11    Department's rights under this Act;
12        (14) a requirement that the contractor enter into a
13    project labor agreement;
14        (15) a provision stating that construction contractors
15    shall comply with the requirements of Section 30-22 of the
16    Illinois Procurement Code;
17        (16) rights and remedies of the Department if the
18    contractor defaults or otherwise fails to comply with the
19    terms of the agreement;
20        (17) procedures for amendment to the agreement; and
21        (18) all other terms, conditions, and provisions
22    acceptable to the Department that the Department deems
23    necessary and proper and in the public interest.
24    Section 35. Time limitations. The Department shall issue a
25request for proposals within 6 months after the effective date



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1of this Act. The Department shall have 6 months from the date
2of issuance of the request for proposals to select a
4    Section 40. Term of agreement; reversion of property to
5the Department.
6    (a) The Department may terminate the contractor's
7authority and duties under the public-private agreement on the
8date set forth in the public-private agreement.
9    (b) Upon termination of the public-private agreement, the
10authority and duties of the contractor under this Act cease,
11except for those duties and obligations that extend beyond the
12termination, as set forth in the public-private agreement, and
13all interests in the Hotel Florence shall revert to the
15    Section 45. Prohibited local action; home rule. A unit of
16local government, including a home rule unit, may not take any
17action that would have the effect of impairing the
18public-private agreement under this Act. This Section is a
19denial and limitation of home rule powers and functions under
20subsection (h) of Section 6 of Article VII of the Illinois
22    Section 50. Powers liberally construed. The powers
23conferred by this Act shall be liberally construed in order to



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1accomplish their purposes and shall be in addition and
2supplemental to the powers conferred by any other law. If any
3other law or rule is inconsistent with this Act, this Act is
4controlling as to any public-private agreement entered into
5under this Act.
6    Section 55. Full and complete authority. This Act
7contains full and complete authority for agreements and leases
8with private entities to carry out the activities described in
9this Act. Except as otherwise required by law, no procedure,
10proceedings, publications, notices, consents, approvals,
11orders, or acts by the Department or any other State or local
12agency or official are required to enter into an agreement or
14    Section 97. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".