Full Text of SB3096 103rd General Assembly
SB3096sam001 103RD GENERAL ASSEMBLY | Sen. Dale Fowler Filed: 4/3/2024 | | 10300SB3096sam001 | | LRB103 37845 BDA 71277 a |
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| 1 | | AMENDMENT TO SENATE BILL 3096
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3096 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Department of Natural Resources Sahara Woods State Recreation | 6 | | Area Act. | 7 | | Section 5. Legislative intent. The General Assembly finds | 8 | | that authorizing the Department of Natural Resources to enter | 9 | | into a public-private partnership for the development, | 10 | | construction, maintenance, or operation of campground | 11 | | facilities at Sahara Woods State Recreation Area will allow | 12 | | greater utilization of the Area and is in the best interest of | 13 | | the State and the local community. | 14 | | Section 10. Definitions. | 15 | | "Contractor" means a person who has been selected to enter |
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| 1 | | or has entered into a public-private agreement with the | 2 | | Department on behalf of the State for the development, | 3 | | financing, management, or operation of campgrounds facilities | 4 | | at Sahara Woods State Recreational Area pursuant to this Act. | 5 | | "Department" means the Department of Natural Resources. | 6 | | "Director" means the Director of Natural Resources. | 7 | | "Maintain" or "maintenance" includes ordinary maintenance, | 8 | | repair, rehabilitation, capital maintenance, replacement, and | 9 | | any other categories of maintenance that may be designated by | 10 | | the Department. | 11 | | "Offeror" means a person who responds to a request for | 12 | | proposals under this Act. | 13 | | "Operate" or "operation" means to do one or more of the | 14 | | following: maintain, improve, equip, modify, or otherwise | 15 | | operate. | 16 | | "Person" means any individual, firm, association, joint | 17 | | venture, partnership, estate, trust, syndicate, fiduciary, | 18 | | corporation, or any other legal entity, group, or combination | 19 | | thereof. | 20 | | "Public-private agreement" means an agreement or contract | 21 | | between the Department and the contractor on behalf of the | 22 | | State and all schedules, exhibits, and attachments thereto, | 23 | | entered into pursuant to a competitive request for proposals | 24 | | process governed by this Act, for the development, | 25 | | construction, financing, management and operation of | 26 | | campground facilities at Sahara Woods State Recreation Area |
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| 1 | | under this Act. | 2 | | "Revenues" means all revenues, including, but not limited | 3 | | to, income, user fees, earnings, interest, lease payments, | 4 | | allocations, moneys from the federal government, the State, | 5 | | and units of local government, including, but not limited to, | 6 | | federal, State, and local appropriations, grants, loans, lines | 7 | | of credit, and credit guarantees; bond proceeds; equity | 8 | | investments; service payments; or other receipts arising out | 9 | | of or in connection with the development, construction, | 10 | | financing, development, management, or operation of campground | 11 | | facilities at Sahara Woods State Recreation Area. | 12 | | "Sahara Woods State Recreation Area" means real property | 13 | | in Carrier Mills, Illinois, consisting of approximately 4,000 | 14 | | acres of vacated strip mine land including the 98 acre Sahara | 15 | | Lake and numerous strip cuts that make up approximately 270 | 16 | | acres of fishable water. | 17 | | Section 15. Authority to enter public-private agreement. | 18 | | Notwithstanding any provision of law to the contrary, the | 19 | | Department, on behalf of the State, may enter into a | 20 | | public-private agreement to develop, construct, finance, | 21 | | lease, manage, and operate campground facilities at Sahara | 22 | | Woods State Recreation Area on behalf of the State, pursuant | 23 | | to which the contractors may receive certain revenues, | 24 | | including management or user fees in consideration of the | 25 | | payment of moneys to the State for that right. |
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| 1 | | Section 20. Engagement prior to request for proposals. The | 2 | | Director or the Director's designee may, prior to soliciting | 3 | | requests for proposals, enter into discussions with interested | 4 | | persons in order to assess existing market conditions and | 5 | | demands, provided that no such interested persons shall have | 6 | | any role in drafting any request for proposals, nor shall any | 7 | | request for proposal be provided to any interested person | 8 | | prior to its general public distribution. The Director may | 9 | | issue a request for qualifications that requests interested | 10 | | persons to provide such information as the Director deems | 11 | | necessary in order to evaluate the qualifications of such | 12 | | interested persons. This may include, but is not limited to, | 13 | | the ability of interested persons to acquire the property, as | 14 | | determined by the Director. Such engagement and discussions | 15 | | with interested persons are exempt from Sections 50-10.5, | 16 | | 50-39, 50-40, 50-45, and 50-50 of the Illinois Procurement | 17 | | Code. | 18 | | Section 25. Requests for proposals. If requests for | 19 | | proposals are made by the Department, the Department shall | 20 | | comply with the competitive request for proposals process | 21 | | under Article 20 of the Illinois Procurement Code, rules | 22 | | adopted under that Code, and this Act. | 23 | | Section 30. Request for proposal process. |
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| 1 | | (a) The Department, on behalf of the State, may select a | 2 | | contractor through a competitive request for proposals process | 3 | | under Article 20 of the Illinois Procurement Code and rules | 4 | | adopted under that Article of the Code. | 5 | | (b) The competitive request for proposals process shall | 6 | | solicit statements of qualification and proposals from | 7 | | offerors. | 8 | | (c) In addition to any requirements under Article 20 of | 9 | | the Illinois Procurement Code, the competitive request for | 10 | | proposals process may take into account the following | 11 | | criteria: | 12 | | (1) the offeror's plans for the campgrounds project at | 13 | | Sahara Woods State Recreation Area; | 14 | | (2) the offeror's current and past business practices; | 15 | | and | 16 | | (3) the offeror's poor or inadequate past performance | 17 | | in developing, financing, constructing, managing, or | 18 | | operating other historic landmark properties or other | 19 | | public assets. | 20 | | Section 35. Provisions of the public-private agreement. | 21 | | The public-private agreement shall include all of the | 22 | | following: | 23 | | (1) the term of the public-private agreement that is | 24 | | consistent with Section 45; | 25 | | (2) the powers, duties, responsibilities, obligations, |
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| 1 | | and functions of the Department and the contractor; | 2 | | (3) compensation or payments to the Department, if | 3 | | applicable; | 4 | | (4) compensation or payments to the contractor, if | 5 | | applicable; | 6 | | (5) a provision specifying that the Department: | 7 | | (A) has ready access to information regarding the | 8 | | contractor's powers, duties, responsibilities, | 9 | | obligations, and functions under the public-private | 10 | | agreement; | 11 | | (B) has the right to demand and receive | 12 | | information from the contractor concerning any aspect | 13 | | of the contractor's powers, duties, responsibilities, | 14 | | obligations, and functions under the public-private | 15 | | agreement; and | 16 | | (C) has the authority to direct or countermand | 17 | | decisions by the contractor at any time; | 18 | | (6) a provision imposing an affirmative duty on the | 19 | | contractor to provide the Department with any information | 20 | | the contractor reasonably believes the Department would | 21 | | want to know or would need to know to enable the Department | 22 | | to exercise its powers, carry out its duties, | 23 | | responsibilities, and obligations, and perform its | 24 | | functions under this Act or the public-private agreement | 25 | | or as otherwise required by law; | 26 | | (7) the authority of the Department to request that |
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| 1 | | the contractor reimburse the Department for third party | 2 | | consultants related to the monitoring the project; | 3 | | (8) a provision governing the contractor's authority | 4 | | to negotiate and execute subcontracts with third parties; | 5 | | (9) the authority of the contractor to impose user | 6 | | fees and the amounts of those fees; | 7 | | (10) a provision governing the deposit and allocation | 8 | | of revenues including user fees; | 9 | | (11) a provision governing rights to real and personal | 10 | | property of the State, the Department, the contractor, and | 11 | | other third parties; | 12 | | (12) grounds for termination of the agreement by the | 13 | | Department or the contractor and a restatement of the | 14 | | Department's rights under this Act; | 15 | | (13) a requirement that the contractor enter into a | 16 | | project labor agreement; | 17 | | (14) a provision stating that construction contractors | 18 | | shall comply with the requirements of Section 30-22 of the | 19 | | Illinois Procurement Code; | 20 | | (15) rights and remedies of the Department if the | 21 | | contractor defaults or otherwise fails to comply with the | 22 | | terms of the agreement; | 23 | | (16) procedures for amendment to the agreement; | 24 | | (17) a requirement that the contract complies with the | 25 | | Business Enterprise for Minorities, Women, and Persons | 26 | | with Disabilities Act and Section 2-105 of the Illinois |
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| 1 | | Human Rights Act; and | 2 | | (18) all other terms, conditions, and provisions | 3 | | acceptable to the Department that the Department deems | 4 | | necessary and proper and in the public interest. | 5 | | Section 40. Labor. | 6 | | (a) A public-private agreement related to Sahara Woods | 7 | | State Recreation Area pertaining to the building, altering, | 8 | | repairing, maintaining, improving, or demolishing of | 9 | | campground facilities shall require the contractor and all | 10 | | subcontractors to comply with the requirements of Section | 11 | | 30-22 of the Illinois Procurement Code as they apply to | 12 | | responsible bidders, including, but not limited to, all | 13 | | applicable provisions of the Prevailing Wage Act, and to | 14 | | present satisfactory evidence of that compliance to the | 15 | | Department, unless the project is federally funded and the | 16 | | application of those requirements would jeopardize the receipt | 17 | | or use of federal funds in support of the project. | 18 | | (b) A public-private agreement related to Sahara Woods | 19 | | State Recreation Area pertaining to the building, altering, | 20 | | repairing, maintaining, improving, or demolishing campground | 21 | | facilities at the Area shall require the contractor and all | 22 | | subcontractors to enter into a project labor agreement used by | 23 | | the Capital Development Board. | 24 | | Section 45. Term of agreement; reversion of property to |
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| 1 | | the Department. | 2 | | (a) The term of any public-private agreement entered into | 3 | | under this Act shall be no less than 25 years and no more than | 4 | | 99 years. | 5 | | (b) The Department may terminate the contractor's | 6 | | authority and duties under the public-private agreement on the | 7 | | date set forth in the public-private agreement. The Department | 8 | | may also terminate the public-private agreement pursuant to | 9 | | any clause or condition as set forth in the public-private | 10 | | agreement. | 11 | | (c) Upon termination of the public-private agreement, the | 12 | | authority, and duties of the contractor under this Act cease, | 13 | | except for those duties and obligations that extend beyond the | 14 | | termination, as set forth in the public-private agreement, and | 15 | | all interests in the campground facilities at Sahara Woods | 16 | | State Recreation Area shall revert to the Department. | 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.". |
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