Full Text of HB0782 103rd General Assembly
HB0782ham001 103RD GENERAL ASSEMBLY | Rep. Nicholas K. Smith Filed: 4/16/2024 | | 10300HB0782ham001 | | LRB103 04374 BDA 72048 a |
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| 1 | | AMENDMENT TO HOUSE BILL 782
| 2 | | AMENDMENT NO. ______. Amend House Bill 782 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Reimagining Hotel Florence Act is amended | 5 | | by changing Sections 45-5, 45-10, 45-15, 45-20, 45-25, and | 6 | | 45-30 as follows: | 7 | | (20 ILCS 3407/45-5) | 8 | | Sec. 45-5. Legislative intent. Originally built in 1881, | 9 | | the Hotel Florence is located within the Pullman Historic | 10 | | District and was placed on the National Register of Historic | 11 | | Places in 1969 and was designated a National Historic Landmark | 12 | | on December 30, 1970. To save it from demolition the Historic | 13 | | Pullman Foundation purchased the hotel in 1975 and maintained | 14 | | ownership until 1991 when the State of Illinois took title of | 15 | | the building. The Hotel Florence is continually closed for | 16 | | renovations and is a semi-closed public space. |
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| 1 | | The hotel sits within next to the Pullman National | 2 | | Historic Landmark District, which was designated as a National | 3 | | Monument in 2015 and recently redesignated as Illinois's first | 4 | | National Park on December 29, 2022 and is operated by the U.S. | 5 | | National Park Service. This redesignation allows for the | 6 | | National Park Service to enter into cooperative agreements | 7 | | with outside parties for interpretive and educational programs | 8 | | at nonfederal historic properties within the boundaries of the | 9 | | park and to provide assistance for the preservation of | 10 | | nonfederal land within the boundaries of the historical park | 11 | | and at sites in close proximity to it, which includes may | 12 | | include the Pullman State Historic Site ( Hotel Florence , Hotel | 13 | | Florence Annex, Factory Grounds, Rear Erecting Shops, Front | 14 | | Erecting Shop North Factory Wing, and Front Erecting Shop | 15 | | South Factory Wing Ruin) . | 16 | | The General Assembly has allocated $21,000,000 in capital | 17 | | infrastructure funds to aid in the restoration and capital | 18 | | improvements at the Pullman State Historic Site, including, | 19 | | but not limited to, renovation redevelopment of the Hotel | 20 | | Florence. | 21 | | The General Assembly finds that allowing for the | 22 | | Department of Natural Resources to enter into a public-private | 23 | | partnership that will allow the Hotel Florence to become a | 24 | | fully reactivated space in a timely manner that is in the | 25 | | public benefit of the State and the local Pullman community. | 26 | | (Source: P.A. 103-570, eff. 1-1-24.) |
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| 1 | | (20 ILCS 3407/45-10) | 2 | | Sec. 45-10. Definitions. In this Act: | 3 | | "Agreement" means a public-private agreement. | 4 | | "Contractor" means a person that has been selected to | 5 | | enter or has entered into a public-private agreement with the | 6 | | Department on behalf of the State for the development, | 7 | | financing, construction, management, or operation of the Hotel | 8 | | Florence pursuant to this Act. | 9 | | "Department" means the Department of Natural Resources. | 10 | | "Hotel Florence" means real property in the City of | 11 | | Chicago located within the Pullman State Historic Site | 12 | | District that is owned by the Illinois Department of Natural | 13 | | Resources and was acquired in 1991, at the address of 11111 S. | 14 | | Forrestville Avenue, Chicago, Illinois, as well as the | 15 | | adjacent Hotel Florence Annex building located at 537 East | 16 | | 111th Street, Chicago, Illinois 60628 and any associated | 17 | | grounds connected to the Hotel Florence or Hotel Florence | 18 | | Annex either property . | 19 | | "Maintain" or "maintenance" includes ordinary maintenance, | 20 | | repair, rehabilitation, capital maintenance, maintenance | 21 | | replacement, and any other categories of maintenance that may | 22 | | be designated by the Department. | 23 | | "Offeror" means a person that responds to a request for | 24 | | solicitations proposals under this Act. | 25 | | "Operate" or "operation" means to do one or more of the |
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| 1 | | following: maintain, improve, equip, modify, or otherwise | 2 | | operate. | 3 | | "Person" means any individual, firm, association, joint | 4 | | venture, partnership, estate, trust, syndicate, fiduciary, | 5 | | corporation, or any other legal entity, group, or combination | 6 | | thereof. | 7 | | "Public-private agreement" means an agreement or contract | 8 | | between the Department on behalf of the State and all | 9 | | schedules, exhibits, and attachments thereto, entered into | 10 | | pursuant to a competitive request for solicitations proposals | 11 | | process governed by this Act, for the development, financing, | 12 | | construction, management, or operation of the Hotel Florence | 13 | | under this Act. | 14 | | "Pullman Factory" means real property in the City of | 15 | | Chicago located within the Pullman State Historic Site that is | 16 | | owned by the Department of Natural Resources and was acquired | 17 | | in 1991, at the addresses 620 and 630 East 111th Street, | 18 | | Chicago, Illinois 60628. The Factory Grounds include the Front | 19 | | Erecting Shop North Factory Wing, Front Erecting Shop South | 20 | | Factory Wing (Ruin), Rear Erecting Shops, Proposed Train Car | 21 | | Display Building, Rail Spur Connection, and associated | 22 | | grounds. | 23 | | "Revenues" means all revenues, including, but not limited | 24 | | to, income, user fees, earnings, interest, lease payments, | 25 | | allocations, moneys from the federal government, the State, | 26 | | and units of local government, including, but not limited to, |
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| 1 | | federal, State, and local appropriations, grants, loans, lines | 2 | | of credit, and credit guarantees; bond proceeds; equity | 3 | | investments; service payments; or other receipts arising out | 4 | | of or in connection with the financing, development, | 5 | | construction, management, or operation of the Hotel Florence. | 6 | | "State" means the State of Illinois. | 7 | | (Source: P.A. 103-570, eff. 1-1-24.) | 8 | | (20 ILCS 3407/45-15) | 9 | | Sec. 45-15. Authority to enter public-private agreement. | 10 | | (a) Notwithstanding any provision of law to the contrary, | 11 | | the Department on behalf of the State may, pursuant to a | 12 | | competitive solicitation request for proposals process | 13 | | governed by the Illinois Procurement Code, rules adopted under | 14 | | that Code, and this Act, enter into a public-private agreement | 15 | | to develop, finance, construct, lease, manage, divest | 16 | | ownership in, and or operate the Hotel Florence and the | 17 | | Pullman Factory on behalf of the State, pursuant to which the | 18 | | contractors may receive certain revenues, including management | 19 | | or user fees in consideration of the payment of moneys to the | 20 | | State for that right. At the discretion of the Department, the | 21 | | Factory Grounds may be included in the public-private | 22 | | agreement. | 23 | | (b) The term of a public-private agreement shall be no | 24 | | less than 25 years and no more than 75 years. | 25 | | (c) The term of a public-private agreement may be |
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| 1 | | extended, but only if the extension is specifically authorized | 2 | | by the General Assembly by law. | 3 | | (Source: P.A. 103-570, eff. 1-1-24.) | 4 | | (20 ILCS 3407/45-20) | 5 | | Sec. 45-20. Prequalification Procurement; | 6 | | prequalification . The Department may establish a process for | 7 | | prequalification of offerors. The Department may enter into | 8 | | agreements with governmental entities and other outside | 9 | | entities to assist in drafting the solicitation and evaluation | 10 | | process as well as develop evaluation criteria for the | 11 | | prequalification of offerors. If the Department does create | 12 | | such a process, it shall: | 13 | | (1) provide a public notice of the prequalification at | 14 | | least 30 days prior to the date on which applications are | 15 | | due; | 16 | | (2) set forth requirements and evaluation criteria in | 17 | | order to become prequalified; | 18 | | (3) determine which offerors that have submitted | 19 | | prequalification applications, if any, meet the | 20 | | requirements and evaluation criteria; and | 21 | | (4) allow only those offerors that have been | 22 | | prequalified to respond to the request for solicitations | 23 | | proposals . | 24 | | (Source: P.A. 103-570, eff. 1-1-24.) |
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| 1 | | (20 ILCS 3407/45-25) | 2 | | Sec. 45-25. Request for solicitation proposals process to | 3 | | enter into public-private agreement. | 4 | | (a) Notwithstanding any provision of law to the contrary, | 5 | | the Department on behalf of the State shall select a | 6 | | contractor through a competitive solicitation request for | 7 | | proposals process governed by the Illinois Procurement Code | 8 | | and rules adopted under that Code and this Act. The Department | 9 | | may enter into agreements with governmental entities and other | 10 | | outside entities to assist the Department in drafting, | 11 | | reviewing, and scoring the proposals. | 12 | | (b) The competitive solicitation request for proposals | 13 | | process shall, at a minimum, solicit statements of | 14 | | qualification and proposals from offerors. | 15 | | (c) The competitive request for solicitation proposals | 16 | | process shall, at a minimum, take into account the following | 17 | | criteria: | 18 | | (1) the offeror's plans for the Hotel Florence | 19 | | project , including, but not limited to, building use, | 20 | | experience, environmental concerns, and a proposed | 21 | | preservation and rehabilitation plan compliant with the | 22 | | Illinois State Agency Historic Preservation Act ; | 23 | | (2) the offeror's current and past business practices; | 24 | | (3) the offeror's poor or inadequate past performance | 25 | | in developing, financing, constructing, managing, or | 26 | | operating historic landmark properties or other public |
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| 1 | | assets; | 2 | | (4) the offeror's ability to meet and past performance | 3 | | in meeting or exhausting good faith efforts to meet the | 4 | | utilization goals for business enterprises established in | 5 | | the Business Enterprise for Minorities, Women, and Persons | 6 | | with Disabilities Act; | 7 | | (5) the offeror's ability to comply with and past | 8 | | performance in complying with Section 2-105 of the | 9 | | Illinois Human Rights Act; and | 10 | | (6) the offeror's plans to comply with the Business | 11 | | Enterprise for Minorities, Women, and Persons with | 12 | | Disabilities Act and Section 2-105 of the Illinois Human | 13 | | Rights Act ; and . | 14 | | (7) the offeror's plans for the Pullman Factory. | 15 | | (d) The Department shall not include terms in the request | 16 | | for solicitations proposals that provide an advantage, whether | 17 | | directly or indirectly, to any contractor presently providing | 18 | | goods, services, or equipment to the Department. | 19 | | (e) The Department shall select one or more offerors as | 20 | | finalists. | 21 | | (f) After the procedures required in this Section have | 22 | | been completed, the Department shall make a determination as | 23 | | to whether the offeror should be designated as the contractor | 24 | | for the Hotel Florence project and shall submit the decision | 25 | | to the Governor and to the Governor's Office of Management and | 26 | | Budget. After review of the Department's determination, the |
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| 1 | | Governor may accept or reject the determination. If the | 2 | | Governor accepts the determination of the Department, the | 3 | | Governor shall designate the offeror for the Hotel Florence | 4 | | project. | 5 | | (Source: P.A. 103-570, eff. 1-1-24.) | 6 | | (20 ILCS 3407/45-30) | 7 | | Sec. 45-30. Provisions of the public-private agreement. | 8 | | (a) The public-private agreement shall include all of the | 9 | | following: | 10 | | (1) the term of the public-private agreement that is | 11 | | consistent with Section 45-40 of this Act ; | 12 | | (2) the powers, duties, responsibilities, obligations, | 13 | | and functions of the Department and the contractor; | 14 | | (3) compensation or payments to the Department, if | 15 | | applicable; | 16 | | (4) compensation or payments to the contractor, if | 17 | | applicable; | 18 | | (5) a provision specifying that the Department: | 19 | | (A) has ready access to information regarding the | 20 | | contractor's powers, duties, responsibilities, | 21 | | obligations, and functions under the public-private | 22 | | agreement; | 23 | | (B) has the right to demand and receive | 24 | | information from the contractor concerning any aspect | 25 | | of the contractor's powers, duties, responsibilities, |
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| 1 | | obligations, and functions under the public-private | 2 | | agreement; and | 3 | | (C) has the authority to direct or countermand | 4 | | decisions by the contractor at any time; | 5 | | (6) a provision imposing an affirmative duty on the | 6 | | contractor to provide the Department with any information | 7 | | the contractor reasonably believes the Department would | 8 | | want to know or would need to know to enable the Department | 9 | | to exercise its powers, carry out its duties, | 10 | | responsibilities, and obligations, and perform its | 11 | | functions under this Act or the public-private agreement | 12 | | or as otherwise required by law; | 13 | | (6.5) a provision that this project will require using | 14 | | guidelines with The Secretary of the Interior's Standards | 15 | | for the Treatment of Historic Properties with Guidelines | 16 | | for Preserving, Rehabilitating, Restoring and | 17 | | Reconstructing Historic Buildings; the period of the | 18 | | original construction (Hotel Florence and grounds from | 19 | | 1880 through 1897; and Hotel Annex from 1914 through 1930) | 20 | | should be used to guide the project design and | 21 | | construction; | 22 | | (7) the authority of the Department to enter into | 23 | | contracts with third parties pursuant to Section 45-40; | 24 | | (8) the authority of the Department to request that | 25 | | the contractor reimburse the Department for third party | 26 | | consultants related to the monitoring the project; |
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| 1 | | (9) a provision governing the contractor's authority | 2 | | to negotiate and execute subcontracts with third parties; | 3 | | (10) the authority of the contractor to impose user | 4 | | fees and the amounts of those fees; | 5 | | (11) a provision governing the deposit and allocation | 6 | | of revenues including user fees; | 7 | | (12) a provision governing rights to real and personal | 8 | | property of the State, the Department, the contractor, and | 9 | | other third parties; | 10 | | (13) grounds for termination of the agreement by the | 11 | | Department or the contractor and a restatement of the | 12 | | Department's rights under this Act; | 13 | | (14) a requirement that the contractor enter into a | 14 | | project labor agreement; | 15 | | (15) a provision stating that construction contractors | 16 | | shall comply with the requirements of Section 30-22 of the | 17 | | Illinois Procurement Code; | 18 | | (16) rights and remedies of the Department if the | 19 | | contractor defaults or otherwise fails to comply with the | 20 | | terms of the agreement; | 21 | | (17) procedures for amendment to the agreement; and | 22 | | (18) all other terms, conditions, and provisions | 23 | | acceptable to the Department that the Department deems | 24 | | necessary and proper and in the public interest ; and . | 25 | | (19) a requirement that the contract complies with the | 26 | | Business Enterprise for Minorities, Women, and Persons |
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| 1 | | with Disabilities Act and Section 2-105 of the Illinois | 2 | | Human Rights Act. | 3 | | (Source: P.A. 103-570, eff. 1-1-24.) | 4 | | (20 ILCS 3407/45-35 rep.) | 5 | | Section 10. The Reimagining Hotel Florence Act is amended | 6 | | by repealing Section 45-35.". |
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