Sen. John F. Curran

Filed: 2/7/2022

 

 


 

 


 
10200SB1900sam001LRB102 14405 RAM 34318 a

1
AMENDMENT TO SENATE BILL 1900

2    AMENDMENT NO. ______. Amend Senate Bill 1900 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1. Purpose; Authority

 
5    Section 1-1. Short title. This Act may be cited as the
6Public-Private Partnerships Act.
 
7    Section 1-5. Legislative findings and declarations.
8    (a) It is hereby found and declared that it is the public
9policy and the public purpose of the State of Illinois to
10promote the development, financing, providing of services, and
11operation of facilities that serve the needs of the public.
12    (b) It is hereby found and declared that there are
13inadequate public resources to develop, modernize, refurbish
14and maintain Illinois public infrastructure and services in a
15timely and cost-effective manner, and that such need is

 

 

10200SB1900sam001- 2 -LRB102 14405 RAM 34318 a

1impeded by existing methods of procurement and funding.
2    (c) It is hereby found and declared that authorizing
3private entities to do all or part of the development,
4planning, design, construction, maintenance, repair,
5rehabilitation, expansion, financing, and operation of one or
6more facilities, and provide services, can result in the
7availability of facilities and services to the public in a
8more timely, more efficient, or less costly fashion, thereby
9serving the public safety and welfare. When properly planned
10and structured, public-private partnerships and unsolicited
11proposals can help meet such needs by improving the schedule
12for delivery, lowering cost, and providing additional funding.
13Obtaining private sector financing using a P3 model leverages
14resources to meet the demand for new infrastructure and
15services in the State of Illinois. Pension funds, private
16investors, developers, contractors and other private entities
17through a public-private partnership can use long-term
18financing to invest in public infrastructure and services and
19further use their private expertise in construction,
20design-build, management and oversight, project life-cycle
21planning and other areas of expertise not employed by public
22entities. Private capital invested in infrastructure and
23service investments have the potential to generate stable
24long-term returns while ensuring public infrastructure and
25services are progressively maintained to benefit Illinois
26residents. Pension funds and insurance companies seek

 

 

10200SB1900sam001- 3 -LRB102 14405 RAM 34318 a

1investments to match their long-term liabilities.
2    (d) It is hereby found and declared that citizens have a
3right to transparency and public accountability, including
4dissemination of information about the public benefits of P3
5projects, and open, equitable, transparent, proactive and
6effective communications with the public achieved through
7consistent communication activities that recognize the
8respective contributions of the responsible public entity and
9the partnering private entity.
10    (e) It is hereby found and declared that public-private
11agreements entered into by private entities and responsible
12public entities under this Act shall allow for:
13        (1) transparency, oversight, and public information
14    sharing;
15        (2) compliance with all State of Illinois and federal
16    environmental laws;
17        (3) fairness for local jurisdictions when negotiating
18    the public-private agreements;
19        (4) public-sector access to new revenue sources;
20        (5) new service delivery capacity;
21        (6) optimal sharing of risk based upon P3 best
22    practice, industry feedback, relevant project precedents
23    and prevailing market conditions;
24        (7) cost and schedule certainty; and
25        (8) predicted service quality, performance, innovation
26    and whole-of-life asset management.
 

 

 

10200SB1900sam001- 4 -LRB102 14405 RAM 34318 a

1    Section 1-10. Actions serving a public purpose. Actions
2pursuant to the Act serve the public purposes of this Act if
3such actions facilitate the timely development, planning,
4design, construction, maintenance, repair, rehabilitation,
5expansion, financing, or operation of a qualifying project.
 
6    Section 1-15. Intent of Act. It is the intent of this Act
7to:
8    (a) authorize responsible public entities to develop and
9enter into public-private partnership agreements for
10qualifying projects which result in the availability of such
11projects to the public in a timely and less costly fashion,
12thereby serving the public safety, benefit, and welfare;
13    (b) permit responsible public entities to receive and
14consider unsolicited proposals from private sector parties in
15a manner that eliminates the perception of bias; ensures
16transparency, fairness, and best value for the responsible
17public entity; and brings innovative concepts and ideas to
18benefit responsible public entities;
19    (c) grant public and private entities the greatest
20possible flexibility in contracting with each other for the
21provision of infrastructure and public services;
22    (d) encourage investment in the State of Illinois by
23private entities that facilitates services and the
24development, planning, design, construction, maintenance,

 

 

10200SB1900sam001- 5 -LRB102 14405 RAM 34318 a

1repair, rehabilitation, expansion, financing, and operation of
2facilities;
3    (e) establish an Infrastructure Investment Commission that
4focuses on supporting and promoting P3 procurement models and
5unsolicited proposals that result in the construction, renewal
6or material enhancement of public services and infrastructure;
7    (f) provide responsible public entities with:
8        (i) best-in-class project tools, expertise, and
9    resources to develop predictable procedures for developing
10    P3 projects and unsolicited proposals; and
11        (ii) a process to submit unsolicited proposals to
12    responsible public entities that protects their
13    proprietary trade information;
14    (g) provide responsible public entities and private
15entities with:
16        (i) clarity on the intake process, evaluation, and
17    procedural aspects of unsolicited proposals; and
18        (ii) a process that is short and stable resulting in a
19    competitive market and lower costs;
20    (h) develop a steady flow of P3 projects to benefit both
21private entities and responsible public entities;
22    (i) establish transparency and accountability guidelines
23for P3 projects and unsolicited proposals;
24    (j) support the use of Illinois design professionals,
25construction companies, and workers to the greatest extent
26possible by offering the right to compete for work;

 

 

10200SB1900sam001- 6 -LRB102 14405 RAM 34318 a

1    (k) ensure open, equitable, transparent, proactive and
2effective communication with the public;
3    (l) improve upon project development due diligence
4practices;
5    (m) support the use of local, minority, women business
6enterprises and economically disadvantaged firms to the
7greatest extent possible;
8    (n) create jobs and provide training for those jobs for
9minorities, women, and veterans to the greatest extent
10possible;
11    (o) facilitate and encourage the use of pension funds to
12develop qualifying projects;
13    (p) leverage private sector expertise and capital in
14support of efficient, innovative and timely P3 investments;
15    (q) serve as a catalyst for the development of
16public-private Partnerships and unsolicited proposals in the
17State of Illinois;
18    (r) authorize public-private agreements that optimally
19distribute the risk between the private and public-sector
20partners; and
21    (s) support economic growth, clean air and water, a
22healthy environment and stronger communities.
 
23    Section 1-20. Construction; authority.
24    (a) The powers conferred by this Act shall be liberally
25construed to accomplish their purposes and are in addition and

 

 

10200SB1900sam001- 7 -LRB102 14405 RAM 34318 a

1supplemental to the powers conferred by any other law. If any
2other law or rule is inconsistent with this Act, this Act is
3controlling as to any public-private agreement and financing
4of any project subject to a public-private agreement entered
5into under this Act.
6    (b) This Act contains full and complete authority for
7responsible public entities to enter into agreements,
8financing and leases with private entities to carry out the
9activities described in this Act. Except as provided in this
10Act, no procedure, proceeding, publication, notice, consent,
11approval, order, or act by a responsible public entity or any
12other State or local government or official is required to
13enter into an agreement or lease, and no law to the contrary
14affects, limits, or diminishes the authority for agreements
15and leases with private entities.
16    (c) To the extent that this Act permits or requires a
17responsible public entity or a private entity to carry out or
18comply with any law other than this Act under a public-private
19agreement, the action shall be carried out in conformity with
20this Act.
21    (d) Each responsible public entity may exercise any powers
22provided under this Act in participation or cooperation with
23any governmental entity and enter into any contracts to
24facilitate that participation or cooperation without
25compliance with any other statute. Each responsible public
26entity shall cooperate with each other and with other

 

 

10200SB1900sam001- 8 -LRB102 14405 RAM 34318 a

1governmental entities in carrying out qualifying projects
2under this Act.
3    (e) A unit of local government may not take any action that
4would have the effect of impairing a public-private agreement
5under this Act, except that this Section shall not diminish
6any existing police power or other power provided by law to a
7unit of local government.
8    (f) Notwithstanding any provision of law to the contrary,
9any public-private agreement entered into under a
10public-private partnership shall include a provision requiring
11any employer on the project to enter into a labor peace
12agreement with any bona fide labor organization representing,
13or attempting to represent its employees, including employees
14employed in classifications within the craft jurisdiction, or
15in classifications called by different names when performing
16similar duties.
 
17    Section 1-25. Definitions. As used in this Act:
18    "Affected jurisdiction" means the following:
19        (1) Any county, municipality, township, special
20    district, or unit designated as a unit of local government
21    by law in which all or a part of a qualifying project is
22    located.
23        (2) Any other public entity directly affected by the
24    qualifying project.
25    "Authority" means the Illinois State Toll Highway

 

 

10200SB1900sam001- 9 -LRB102 14405 RAM 34318 a

1Authority.
2    "Commercially Confidential Meetings" means bilateral
3meetings prior to the execution of a project agreement between
4the responsible public entity and private sector entities,
5along with their respective advisors, to discuss matters such
6as the project agreement and proponent's suggested amendments
7to the project agreement, project design matters, and
8innovation submissions.
9    "Contractor" means a private entity that has entered into
10a public-private agreement with the responsible public entity
11to provide services to or on behalf of the responsible public
12entity.
13    "Department" means the Illinois Department of
14Transportation.
15    "Design-build agreement" means the agreement between the
16selected private entity and the responsible public entity
17under which the selected private entity agrees to furnish
18design, construction, and related services for a facility
19under this Act.
20    "Develop" or "development" means to do one or more of the
21following: plan, design, develop, lease, acquire, install,
22construct, reconstruct, rehabilitate, extend, or expand, or
23provide any other service.
24    "Employees employed in classifications within the craft
25jurisdiction" means all maintenance employees, including, but
26not limited to, stationary engineers, building engineers,

 

 

10200SB1900sam001- 10 -LRB102 14405 RAM 34318 a

1maintenance engineers, maintenance technicians, maintenance
2mechanics, mechanics, operating engineers, operators, domestic
3water operators, wastewater operators, water treatment
4technicians, and other related jobs.
5    "Facility" means:
6        (1) a facility or project that serves a public
7    purpose, including, but not limited to, any new or
8    existing local, county or State road, highway, toll
9    highway, bridge, tunnel, intermodal facility; intercity or
10    high-speed passenger rail; rail project or facility; ferry
11    or mass transit facility; vehicle parking facility;
12    regional or local airport; seaport or waterway facility;
13    intelligent-transport system infrastructure or other
14    transportation technology project such as transit priority
15    signaling, fare collection, etc.; or other transportation
16    facility or infrastructure; any administrative facility
17    broadband-related project or facility; correctional
18    institution or facility; disaster mitigation facility;
19    green-energy related project or facility; energy-related
20    project or facility; fuel supply facility, oil or gas
21    pipeline; medical or nursing care facility; recreational
22    facility; tourism facility; solid waste management
23    facility or energy-from-waste facility; sporting or
24    cultural facility; or educational facility or other
25    building or facility that is used or will be used by a
26    public educational institution, or any other public

 

 

10200SB1900sam001- 11 -LRB102 14405 RAM 34318 a

1    facility or infrastructure or service that is used or will
2    be used by the public at large or in support of an accepted
3    public purpose or activity;
4        (2) an improvement, including on equipment, of a
5    structure that will be principally used by a public entity
6    or the public at large or that supports a service delivery
7    system in the public sector; or
8        (3) a sanitation, water, potable water, underground
9    water, wastewater, or surface water facility or other
10    related infrastructure; or infrastructure in support of an
11    accepted public purpose or activity.
12    "Labor Peace Agreement" means an agreement between a
13licensee and any bona fide labor organization recognized under
14the National Labor Relations Act as a bona fide labor
15organization that, at a minimum, protects the State's
16proprietary interests by prohibiting labor organizations and
17members from engaging in picketing, work stoppages, boycotts,
18and any other economic interference with the applicant's
19business. This agreement means that the applicant has agreed
20not to disrupt efforts by the bona fide labor organization to
21communicate with, and attempt to organize and represent, the
22applicant's employees. The agreement shall provide a bona fide
23labor organization access at reasonable times to areas in
24which the applicant's employees work, for the purpose of
25meeting with employees to discuss their right to
26representation, employment rights under State law, and terms

 

 

10200SB1900sam001- 12 -LRB102 14405 RAM 34318 a

1and conditions of employment. This type of agreement shall not
2mandate a particular method of election or certification of
3the bona fide labor organization.
4    "Maintain" or "maintenance" includes ordinary maintenance,
5repair, rehabilitation, capital maintenance, maintenance
6replacement, and any other categories of maintenance that may
7be designated by the responsible public entity.
8    "Operate" or "operation" means to do one or more of the
9following: maintain, improve, equip, modify, or otherwise
10operate.
11    "Private entity" means any combination of one or more
12individuals, sole proprietorships, private corporations,
13general partnerships, limited liability companies, limited
14partnerships, joint ventures, business trusts, nonprofit
15entities, or other business entities that are non-governmental
16parties to a proposal for a qualifying project or an agreement
17related to a qualifying project. A public agency may provide
18services to a contractor as a subcontractor or subconsultant
19without affecting the private status of the private entity and
20the ability to enter into a public-private agreement.
21    "Project Development Fund" means a fund to assist
22responsible public entities with public-private partnership
23projects and unsolicited proposals.
24    "Project Labor Agreement" means a pre-hire collective
25bargaining agreement with one or more labor organizations that
26establishes the terms and conditions of employment for a

 

 

10200SB1900sam001- 13 -LRB102 14405 RAM 34318 a

1specific project.
2    "Proposal" means all materials and documents prepared by
3or on behalf of a private entity relating to the proposed
4development, financing, or operation of a facility as a
5qualifying project.
6    "Proposer" means a private entity that has submitted an
7unsolicited proposal for a public-private agreement to a
8responsible public entity under this Act or submitted a
9proposal or statement of qualifications for a public-private
10agreement in response to a request for proposals or a request
11for qualifications for a project or services issued by a
12responsible public entity.
13    "Public-private agreement" means the agreement between the
14private contractor and the responsible public entity relating
15to the development, financing, or operation of a qualifying
16project.
17    "Public-private partnership" or "P3" means
18performance-based contractual relationships between one or
19more private entities and one or more responsible public
20entities related to one or more qualifying projects.
21    "Qualifying project" or "Project" means one or more
22services or projects serving a public purpose that is owned,
23financed, controlled, or operated by a private entity in whole
24or in part.
25    "Request for information" means all materials and
26documents prepared by or on behalf of a responsible public

 

 

10200SB1900sam001- 14 -LRB102 14405 RAM 34318 a

1entity to solicit information from private entities with
2respect to qualifying projects.
3    "Request for proposals" means all materials and documents
4prepared by or on behalf of a responsible public entity to
5solicit proposals from private entities to enter into a
6public-private agreement.
7    "Request for qualifications" means all materials and
8documents prepared by or on behalf of a responsible public
9entity to solicit statements of qualification from private
10entities to enter into a public-private agreement.
11    "Responsible public entity" means a county, municipality,
12school district, special district, or any other political
13subdivision of the State or unit of local government; a public
14body corporate and politic; or a regional entity that serves a
15public purpose and is authorized to develop or operate a
16qualifying project. "Responsible public entity" does not
17include economic development or tourism partnerships,
18councils, commissions or entities.
19    "Revenues" means all revenues, including any combination
20of income; earnings and interest; user fees; lease payments;
21allocations; federal, State, and local appropriations, grants,
22loans, lines of credit, and credit guarantees; bond proceeds;
23equity investments; service payments; or other receipts,
24arising out of or in connection with a qualifying project,
25including the development, financing, and operation of a
26qualifying project. The term includes money received as

 

 

10200SB1900sam001- 15 -LRB102 14405 RAM 34318 a

1grants, loans, lines of credit, credit guarantees, rebates or
2other forms of aid for a qualifying project from the federal
3government, the State, a unit of local government, or any
4agency or instrumentality of the federal government, the
5State, or a unit of local government.
6    "Services" means operations, such as, but not limited to
7parking, cable, broadband, accounting, human resources, health
8care, data management, and technology.
9    "Shortlist" means the process by which a responsible
10public entity reviews, evaluates, and ranks statements of
11qualifications submitted in response to a request for
12qualifications and then identifies the proposers who are
13eligible to submit a detailed proposal in response to a
14request for proposals. The identified proposers constitute the
15shortlist for the qualifying project to which the request for
16proposals relates.
17    "Unit of local government" has the meaning ascribed to
18that term in Section 1 of Article VII of the Constitution of
19the State of Illinois and also means any unit designated as a
20municipal corporation, or school district.
21    "Unsolicited Proposal" means a written proposal that is
22submitted to one or more responsible public entities on the
23initiative of the private sector entity or entities for the
24purpose of developing a partnership, and that is not in
25response to a formal or informal request issued by the
26responsible public entity or entities.

 

 

10200SB1900sam001- 16 -LRB102 14405 RAM 34318 a

1    "User fees" or "tolls" means the rates, fees, or other
2charges imposed by the contractor for use of all or a portion
3of a qualifying project under a public-private agreement.
 
4
Article 2. Infrastructure Investment Commission

 
5    Section 2-1. Establishment. The Governor shall establish
6the Infrastructure Investment Commission, which shall report
7to and be funded by the Illinois Finance Authority and shall be
8independent of other agencies and departments of the State.
 
9    Section 2-5. Duties of the Commission. The Commission
10shall:
11    (a) assist responsible public entities with identifying
12projects, including opportunities for project aggregation, for
13which a public-private partnership may be appropriate;
14    (b) provide technical assistance and expertise to
15responsible public entities on using public-private
16partnerships to develop or operate qualifying projects,
17including providing assistance with analyzing benefits and
18costs and information on available innovative financing
19options;
20    (c) supply template contracts;
21    (d) track proposed, ongoing, and completed private-public
22partnerships;
23    (e) provide technical assistance in applying for federal

 

 

10200SB1900sam001- 17 -LRB102 14405 RAM 34318 a

1funding grants and financing (e.g., Transportation
2Infrastructure Finance and Innovation Act (TIFIA), TIFIA Lite,
3TIFIA Rural Project Initiative, Regional Infrastructure
4Accelerators, Capital Investment Grant, etc.)
5    (f) identify methods of encouraging competition for the
6development or operation of qualifying projects;
7    (g) serve as a liaison to State or federal government
8officials charged with promoting public-private infrastructure
9partnerships, State executive directors of other
10infrastructure investment commissions and regional or
11metropolitan public-private partnership offices;
12    (h) conduct public and stakeholder engagement and
13outreach, including efforts to encourage transparency and
14information sharing regarding public-private partnerships;
15    (i) issue regular updates on the future pipeline of P3
16projects;
17    (j) promote best practices, including standardized
18methodologies and processes;
19    (k) attract private investment to the State;
20    (l) develop a project development fund to:
21        (1) assist responsible public entities with assessing
22    the usefulness of the P3 model and unsolicited proposals
23    for capital procurement and service needs for specific
24    projects;
25        (2) assist responsible public entities with managing a
26    P3 procurement project or unsolicited proposal;

 

 

10200SB1900sam001- 18 -LRB102 14405 RAM 34318 a

1        (3) assist responsible public entities that are not
2    experienced with P3 procurement or unsolicited proposals;
3        (4) assist responsible public entities that are
4    undertaking new approaches or documenting P3 and
5    unsolicited proposal practices in a way that will assist
6    the Infrastructure Investment Commission and other
7    responsible public entities in future projects;
8        (5) assist with training costs for key staff of a
9    responsible public entity which is integral to the
10    successful development and implementation of a project;
11        (6) assist a public entity with P3 procurement or an
12    unsolicited proposal analysis that may include but may not
13    be limited to a market analysis, qualitative assessment
14    report, procurement options analysis, quantitative
15    analysis, risk analysis, implementation strategy, and
16    procurement documents; and
17        (7) assist with the engagement of external and
18    accredited P3 advisors and analysts; and
19    (m) approve all expenditures from the project development
20fund.
 
21    Section 2-10. Governance of the Commission.
22    (a) The Commission shall be headed by a Chairman and a
236-member board of directors.
24    (b) The board is responsible for the overall governance of
25the Commission and shall adopt a 5-year corporate plan and

 

 

10200SB1900sam001- 19 -LRB102 14405 RAM 34318 a

1annual report. The board shall meet at least quarterly to
2review the Commission's overall operation, receive committee
3reports, discuss the Investment Infrastructure Commission's
4performance and approve expenditures. The board shall review
5the performance of the Executive Director annually.
6    (c) The Board of Directors shall establish committees to
7support the board as needed, including:
8        (1) an audit committee to oversee the Commission's
9    standards of integrity and behavior; the Commission's
10    reporting of financial information and expenditures of the
11    Project Development Fund; and the Commission's internal
12    control systems, including the Commission's compliance
13    with all applicable legal and regulatory requirements; to
14    review the qualifications, independence and performance of
15    the Commission's external auditors; and to oversee the
16    Commission's enterprise risk management plan; and
17        (2) a budget committee, which shall develop an annual
18    revenue and expenditure plan, submit the plan to the IFA
19    for approval and funding, and monitor revenues and
20    expenditures during the course of the budget cycle.
 
21    Section 2-15. Board Appointments.
22    (a) The membership of the Commission established pursuant
23to this Article shall be appointed in accordance with the
24following:
25        (1) Seven members shall be appointed by the Governor

 

 

10200SB1900sam001- 20 -LRB102 14405 RAM 34318 a

1    with the advice and consent of the Senate having
2    expertise, knowledge, or experience in infrastructure
3    development or operation, capital market and finance,
4    public-sector planning, or P3 procurement. No more than 4
5    members of any one political party may serve as members of
6    the Commission at the same time.
7        (2) Members of the Commission shall represent to a
8    reasonable extent geographically diverse regions of the
9    State as well as diversity in race, ethnicity, and gender.
10        (3) Vacancies shall be filled for the unexpired term
11    in the same manner as original appointments. All
12    appointments shall be in writing and filed with the
13    Secretary of State as a public record.
14    (b) Of the members appointed by the Governor, one such
15member shall be appointed as chairperson and shall hold office
16for 4 years from the date of appointment, and until a successor
17shall be duly appointed and qualified but shall be subject to
18removal by the Executive Director of the Illinois Finance
19Authority for incompetency, neglect of duty, or malfeasance.
20    (c) Of the original members, other than the chairperson, 3
21shall hold office for 2 years and 3 shall hold office for 4
22years from the date of appointment and until each respective
23successor is duly appointed and qualified but shall be subject
24to removal by the Executive Director of the Illinois Finance
25Authority for incompetency, neglect of duty, or malfeasance.
26In the case of vacancies in such offices during the recess of

 

 

10200SB1900sam001- 21 -LRB102 14405 RAM 34318 a

1the Senate, the Governor shall make a temporary appointment
2until the next meeting of the Senate when the Governor shall
3nominate a person to fill such office, and any person so
4nominated, who is confirmed by the Senate, shall hold office
5during the remainder of the term and until a successor shall be
6appointed and qualified. The respective term of the first
7members appointed shall be designated by the Governor at the
8time of appointment, but their successors shall each be
9appointed for a term of 4 years, except that any person
10appointed to fill a vacancy shall serve only for the unexpired
11term. Members shall be eligible for reappointment. Members
12shall serve until their respective successors are duly
13appointed and qualified.
14    (d) Each such member shall receive an annual salary of
15$10,000, or as set by the Compensation Review Board, whichever
16is greater, payable in monthly installments, and shall be
17reimbursed for necessary expenses incurred in the performance
18of duties under this Act.
 
19    Section 2-20. Duties of the Chairperson of the Commission.
20The chairperson shall preside at all meetings of the
21Commission; shall exercise general supervision over all
22powers, duties, obligations and functions of the Commission;
23and shall approve or disapprove all resolutions, bylaws,
24rules, rates, and regulations made and established by the
25Commission, and if the chairperson approves, the chairperson

 

 

10200SB1900sam001- 22 -LRB102 14405 RAM 34318 a

1shall sign the same, and such as the chairperson shall not
2approve, the chairperson shall return to the Commission with
3objections thereto in writing at the next regular meeting of
4the Commission occurring after the passage thereof. Such veto
5may extend to any one or more items contained in such
6resolution, bylaw, rule, rate, or regulation, or to its
7entirety; and in case the veto extends to a part of such
8resolution, bylaw, rule, rate, or regulation, the residue
9thereof shall take effect and be in force, but in case the
10chairperson shall fail to return any resolution, bylaw, rule,
11rate, or regulation with objections thereto by the time
12aforesaid, the chairperson shall be deemed to have approved
13the same, and the same shall take effect accordingly. Upon the
14return of any resolution, bylaw, rule, rate, or regulation by
15the chairperson, the vote by which the same was passed shall be
16reconsidered by the Commission, and if upon such
17reconsideration two-thirds of all the members agree by yeas
18and nays to pass the same, it shall go into effect
19notwithstanding the chairperson's refusal to approve thereof.
20The process of approving or disapproving all resolutions,
21bylaws, rules, rates, and regulations, as well as the ability
22of the members to override the disapproval of the chairperson,
23under this Section shall be set forth in the Commission's
24bylaws. Nothing in the Commission's bylaws, rules, or
25regulations may be contrary to this Section.
 

 

 

10200SB1900sam001- 23 -LRB102 14405 RAM 34318 a

1    Section 2-25. Duties of the Executive Director of the
2Commission.
3    (a) The Executive Director shall be appointed by a
4majority vote of the Commission.
5    (b) The Executive Director shall have demonstrated
6knowledge, training, or experience in 2 or more of the
7following areas:
8        (1) infrastructure development or operation;
9        (2) capital markets and finance, including municipal
10    finance;
11        (3) public-sector planning; or
12        (4) P3 procurement.
13    (c) The Executive Director shall provide to the standing
14committees of the House and Senate having jurisdiction over
15services, transportation or infrastructure and post online a
16report annually within 6 weeks of the end of each fiscal year
17that:
18        (1) lists those public-private partnerships that:
19            (i) are expected to solicit bids within the next
20        fiscal year;
21            (ii) are in progress;
22            (iii) were completed during the prior fiscal year;
23        or
24            (iv) were removed from consideration during the
25        prior fiscal year; and
26        (2) summarizes actions taken by the Commission to

 

 

10200SB1900sam001- 24 -LRB102 14405 RAM 34318 a

1    fulfill its duties pursuant to Section 2-5 of this
2    Article.
3    (d) The Executive Director shall be responsible to the
4Commission for the proper administration of the affairs of the
5Commission and policies adopted by the chairperson and members
6of the Commission.
7    (e) All employees, as are necessary to the proper
8functioning of the Commission, shall be appointed by and
9report to the Executive Director with the consent of the
10Commission.
11    (f) The Executive Director shall hold office for 4 years
12from the date of appointment but shall be subject to removal by
13the Commission for incompetency, neglect of duty or
14malfeasance.
15    (g) The Executive Director shall receive a salary of
16$15,000 per annum, or as set by a Compensation Review Board,
17whichever is greater, payable in monthly installments,
18together with reimbursement for necessary expenses incurred in
19the performance of the duties of the Executive Director. The
20Executive Director shall be eligible for reappointment.
 
21    Section 2-30. Compliance with State records laws. The
22Commission shall adhere to the Freedom of Information Act and
23the State Records Act.
 
24
Article 3. Qualification and Process

 

 

 

10200SB1900sam001- 25 -LRB102 14405 RAM 34318 a

1    Section 3-1. Unsolicited proposals.
2    (a) A responsible public entity may receive unsolicited
3proposals for a project and may thereafter enter into a
4public-private agreement with a private entity, or a
5consortium of private entities, for the building, upgrading,
6providing of services, operating, ownership, or financing of
7facilities.
8    (b) A responsible public entity may consider, evaluate and
9accept an unsolicited proposal for a public-private
10partnership project from a private entity if the proposal: (i)
11is independently developed and drafted by the proposer without
12responsible public entity supervision; (ii) shows that the
13proposed project could benefit the people served by the
14responsible public entity; (iii) includes a financing plan to
15allow the project to move forward pursuant to the applicable
16responsible public entity's budget and finance requirements;
17and (iv) includes sufficient detail and information for the
18responsible entity to evaluate the proposal in an objective
19and timely manner and permit a determination of project
20feasibility and cost-effectiveness.
21    (c) The unsolicited proposal shall include the following:
22        (1) an executive summary covering the major elements
23    of the proposal;
24        (2) a summary of qualifications concerning the
25    experience, expertise, technical competence and

 

 

10200SB1900sam001- 26 -LRB102 14405 RAM 34318 a

1    qualifications of the private entity, and of each member
2    of its management team and other key employees,
3    consultants and subcontractors, including the name,
4    address and professional designation;
5        (3) a facilities project description, including, where
6    applicable:
7            (A) the limits, scope, and location of the
8        proposed project;
9            (B) right-of-way requirements;
10            (C) connections with other facilities and
11        improvements to those facilities necessary if the
12        project is developed;
13            (D) a conceptual project design;
14            (E) a statement of the project's relationship and
15        impact upon relevant existing plans of the responsible
16        public entity;
17        (4) a facilities project schedule, including where
18    applicable, estimates of:
19            (A) dates of contract award;
20            (B) start of construction;
21            (C) completion of construction;
22            (D) start of operations; and
23            (E) major maintenance or reconstruction activities
24        during the life of the proposed project agreement;
25        (5) an operating plan describing the operation of a
26    completed facility, if operation of a facility is part of

 

 

10200SB1900sam001- 27 -LRB102 14405 RAM 34318 a

1    the proposal, describing the management structure and
2    approach, the proposed period of operations, enforcement,
3    emergency response and other relevant information;
4        (6) a finance plan describing the proposed financing
5    of the project identifying the source of funds to, where
6    applicable, design, construct, maintain and manage the
7    project during the term of the proposed contract;
8        (7) the legal basis for the project, including
9    verification that a private entity has the licenses and
10    certificates necessary to complete the project.
11    (d) Within 120 days after receiving an unsolicited
12proposal, the responsible public entity shall complete a
13preliminary evaluation of the unsolicited proposal and shall
14either:
15        (1) if the preliminary evaluation is unfavorable,
16    return the proposal without further action; or
17        (2) if the preliminary evaluation is favorable, notify
18    the proposer that the responsible public entity will
19    further evaluate the proposal; or
20        (3) request amendments, clarification or modification
21    of the unsolicited proposal.
22    (e)(1) If the responsible public entity chooses to further
23evaluate an unsolicited proposal with the intent to enter into
24a public-private agreement for the proposed project, the
25responsible public entity shall publish notice in a newspaper
26of general circulation covering the location of the project at

 

 

10200SB1900sam001- 28 -LRB102 14405 RAM 34318 a

1least once a week for 2 weeks stating that the responsible
2public entity has received a proposal and will accept other
3proposals for the same project. The timeframe within which the
4responsible public entity may accept other proposals shall be
5determined by the responsible public entity on a
6project-by-project basis based upon the complexity of the
7qualifying project and the public benefit to be gained by
8allowing a longer or shorter period of time within which other
9proposals may be received; however, the timeframe for allowing
10other proposals must be at least 21 days, but no more than 120
11days, after the initial date of publication.
12    (2) A copy of the notice must be mailed to each local
13government in the affected jurisdiction. The responsible
14public entity shall provide reasonably sufficient information
15and the identity of its contact person to enable other private
16entities to make proposals.
17    (3) If after no less than 120 days, no counter-proposal is
18received, or if a counter-proposal is evaluated and found to
19be equal to or inferior to the original unsolicited proposal,
20the responsible public entity may proceed to negotiate a
21contract with the original proposer.
22    (4) If after no less than 120 days one or more
23counter-proposals meeting unsolicited proposal standards are
24received, and if, in the opinion of the responsible public
25entity, the counter-proposal is evaluated and found to be
26superior to the original unsolicited proposal, the responsible

 

 

10200SB1900sam001- 29 -LRB102 14405 RAM 34318 a

1public entity shall proceed to determine the successful
2participant through a final procurement phase known as "Best
3and Final Offer" (BAFO). The responsible public entity shall
4invite the original private sector party and the proponent
5submitting the superior counter-proposal to engage in a BAFO
6phase. The invitation to participate in the BAFO phase will
7provide to each participating proposer:
8        (i) the general concepts that were considered superior
9    to the original proposal, while keeping proprietary
10    information contained in the proposals confidential to the
11    extent possible; and
12        (ii) the pre-established evaluation criteria or the
13    "basis of award" to be used to determine the successful
14    proponent.
15    (5) Offers received in response to the BAFO invitation
16will be reviewed by the responsible public entity and scored
17in accordance with a pre-established criterion, or
18alternatively, in accordance with the "basis of award"
19provision identified through the BAFO process.
20    (6) In all cases, the basis of award will be "best value"
21to the responsible public entity, as determined by the
22responsible public entity.
23    (f) After a comprehensive evaluation and acceptance of an
24unsolicited proposal and any alternatives, the responsible
25public entity may commence negotiations with a proposer,
26considering whether:

 

 

10200SB1900sam001- 30 -LRB102 14405 RAM 34318 a

1        (1) the proposal has received a favorable
2    comprehensive evaluation;
3        (2) the proposal is duplicative of existing
4    infrastructure project or services;
5        (3) the alternative proposal closely resembles a
6    pending competitive proposal for a public-private
7    partnership or other procurement;
8        (4) the proposal demonstrates a unique method,
9    approach, or concept;
10        (5) the facts and circumstances preclude or warrant
11    additional competition;
12        (6) the State has available any funds, debts, or
13    assets to contribute to the project;
14        (7) whether the facts and circumstances demonstrate
15    that the project will likely have a significant adverse
16    impact on State bond ratings; and
17        (8) whether indemnifications included in the proposal
18    are acceptable.
 
19    Section 3-5. Competitive public-private partnership
20procurements.
21    (a) A responsible public entity may solicit proposals for
22a qualifying project from private entities.
23    (b) After the public notification period has expired, the
24responsible public entity shall rank the proposals received in
25terms of "best value". In ranking the proposals, the

 

 

10200SB1900sam001- 31 -LRB102 14405 RAM 34318 a

1responsible public entity may consider factors that include,
2but are not limited to, public benefit; minority, women and
3veteran participation; professional qualifications; general
4business terms; innovative design techniques or cost-reduction
5terms; and finance plans. The responsible public entity may
6then begin negotiations for a public-private agreement with
7the highest-ranked firm. If the responsible public entity is
8not satisfied with the results of the negotiations, the
9responsible public entity may terminate negotiations with the
10proposer and negotiate with the second-ranked or
11subsequent-ranked firms, in the order consistent with this
12procedure. If only one proposal is received, the responsible
13public entity may negotiate in good faith, and if the
14responsible public entity is not satisfied with the results of
15the negotiations, the responsible public entity may terminate
16negotiations with the proposer.
 
17    Section 3-10. Additional rights of responsible public
18entity. In addition to any other rights under this Act, in
19connection with any procurement under this Article, the
20responsible public entity may:
21    (a) withdraw a request for information, a request for
22qualifications, or a request for proposals at any time and, in
23its discretion, publish a new request for qualifications or
24request for proposals;
25    (b) decline to approve a proposal;

 

 

10200SB1900sam001- 32 -LRB102 14405 RAM 34318 a

1    (c) decline to award a public-private agreement;
2    (d) request clarifications to any statement of
3information, qualifications, or proposal received, seek one or
4more revised proposals or one or more best and final offers, or
5conduct negotiations with one or more private entities that
6have submitted proposals;
7    (e) modify the terms, provisions, and conditions of a
8request for qualification, request for proposals, technical
9specifications, or form of public-private agreement during the
10pendency of a procurement;
11    (f) interview proposers; and
12    (g) exercise any other rights available to the responsible
13public entity under this Act, applicable law, and
14administrative rule.
 
15    Section 3-15. Confidentiality of P3 proposals; disclosure.
16    (a) Except as provided in paragraph (2) of subsection (e)
17of Section 3-1, the responsible public entity may not disclose
18the contents of proposals during discussions or negotiations
19with potential proposers.
20    (b) The responsible public entity may, in its discretion
21in accordance with the Freedom of Information Act, treat as
22confidential all or some information relating to an
23unsolicited proposal, including but not limited to discussions
24or negotiations between the responsible public entity and
25potential proposers.

 

 

10200SB1900sam001- 33 -LRB102 14405 RAM 34318 a

1    (c) Notwithstanding subsections (a) and (b), and with the
2exception of portions that are confidential under the Freedom
3of Information Act, the terms of the selected offer negotiated
4under this Act shall be available for inspection and copying
5under the Freedom of Information Act after negotiations with
6the proposers have been completed.
7    (d) When disclosing the terms of the selected offer under
8subsection (c), the responsible public entity shall certify
9that the information being disclosed accurately and completely
10represents the terms of the selected offer.
11    (e) The responsible public entity shall disclose the
12contents of all proposals, except the parts of the proposals
13that may be treated as exempt in accordance with the Freedom of
14Information Act, when either:
15        (1) the request for proposal process is withdrawn
16    under Section 3-10; or
17        (2) the public-private agreement has been executed and
18    the closing for each financing transaction required to
19    provide funding to carry out the agreement has been
20    conducted.
 
21    Section 3-20. Interim agreement. Before or in connection
22with the negotiation of a public-private agreement, the
23responsible public entity may enter into an interim agreement
24with the private entity proposing the development or operation
25of the qualifying project. An interim agreement is

 

 

10200SB1900sam001- 34 -LRB102 14405 RAM 34318 a

1discretionary with the parties. An interim agreement may:
2        (1) authorize the private entity to commence
3    activities for which it may be compensated related to the
4    proposed qualifying project, including, but not limited
5    to, project planning and development, design,
6    environmental analysis and mitigation, survey, other
7    activities concerning any part of the proposed qualifying
8    project, and ascertaining the availability of financing
9    for the proposed facility or facilities.
10        (2) establish the process and timing of the
11    negotiation of the public-private agreement.
12        (3) contain such other provisions related to an aspect
13    of the development or operation of a qualifying project
14    that the responsible public entity and the private entity
15    deem appropriate.
 
16    Section 3-25. Payment of stipulated amount for work
17product of unsuccessful proposer; rights; liability. The
18responsible public entity may pay a stipulated amount to an
19unsuccessful proposer that submits a responsive proposal in
20response to a proposal under this Article, in exchange for the
21work product contained in that proposal. Upon payment of the
22stipulated amount, and unless agreed otherwise by the parties:
23        (1) the responsible public entity and the unsuccessful
24    proposer jointly own the rights to, and may make use of,
25    any work product contained in the proposal, including the

 

 

10200SB1900sam001- 35 -LRB102 14405 RAM 34318 a

1    technologies, techniques, methods, processes, ideas, and
2    information contained in the proposal, project design, and
3    project financial plan; and
4        (2) the use by an unsuccessful proposer of any part of
5    the work product contained in the proposal is at the sole
6    risk of the unsuccessful proposer and does not confer
7    liability on the responsible public entity.
 
8    Section 3-30. Project awards.
9    (a) The responsible public entity may perform an
10independent analysis of the proposed public-private
11partnership that demonstrates the cost-effectiveness and
12overall public benefit before the procurement process is
13initiated or before the contract is awarded.
14    (b) The responsible public entity may approve the
15development or operation of a qualifying project, or the
16design or equipping of a qualifying project that is developed
17or operated, if:
18        (1) there is a public need for the qualifying project,
19    or a benefit derived from a project of the type that the
20    private entity proposes as the qualifying project;
21        (2) the estimated cost of the qualifying project is
22    reasonable in relation to similar facilities;
23        (3) the private entity's plans will result in the
24    timely acquisition, design, construction, improvement,
25    renovation, expansion, equipping, maintenance, or

 

 

10200SB1900sam001- 36 -LRB102 14405 RAM 34318 a

1    operation of the qualifying project;
2        (4) the proposed project or service is in the public's
3    best interest.
4    (c) The responsible public entity may charge a reasonable
5fee to cover the costs of processing, reviewing, and
6evaluating the request, including, but not limited to,
7reasonable attorney or other professional fees and fees for
8financial and technical advisors or consultants and for other
9necessary advisors or consultants.
10    (d) Upon approval of a qualifying project, the responsible
11public entity shall establish a date for the commencement of
12activities related to the qualifying project. The responsible
13public entity may extend the commencement date.
14    (e) Approval of a qualifying project by the responsible
15public entity is subject to entering into a public-private
16agreement with the private entity.
17    (f) The responsible public entity shall provide
18notification to the public of its intent to commence
19negotiations with a proposer.
20    (g) Before signing a public-private agreement, the
21responsible public entity must consider a reasonable funding,
22financing and affordability plan considering the project cost;
23revenues by source; available financing; major assumptions;
24internal rate of return on private investments, if
25governmental funds are assumed to deliver a cost-feasible
26project; and a total cash-flow analysis beginning with the

 

 

10200SB1900sam001- 37 -LRB102 14405 RAM 34318 a

1implementation of the project and extending for the term of
2the public-private agreement except no longer than the life of
3the project or 75 years, whichever is earlier.
4    (h) If the responsible public entity chooses to evaluate a
5detailed proposal involving architecture, engineering, or
6landscape architecture, it may require a professional review
7and evaluation of the design and construction proposed to
8ensure material quality standards, interior space use, budget
9estimates, design and construction schedules, and sustainable
10design and construction standards.
11    (i) Each facility project awarded by a responsible public
12entity shall:
13        (1) Ensure that provision is made for the private
14    entity's performance and payment of subcontractors,
15    including, but not limited to, surety bonds, letters of
16    credit, parent company guarantees, and lender and equity
17    partner guarantees. Components of the qualifying project
18    that involve construction performance and payment, bonds
19    are subject to the recordation, notice, suit limitation,
20    and other requirements of the Public Construction Bond
21    Act.
22        (2) Ensure the performance and payment of
23    subcontractors.
24        (3) Ensure that the public-private agreement addresses
25    termination upon a material default of the public-private
26    agreement.

 

 

10200SB1900sam001- 38 -LRB102 14405 RAM 34318 a

1        (4) Pay wages pursuant to prevailing wage standards.
 
2
Article 4. Formation of Agreement

 
3    Section 4-1. Exercise of powers.
4    (a) A responsible public entity may exercise the powers
5granted by this Act to undertake qualifying projects through
6public-private agreements with one or more private entities.
7    (b) The Authority may enter into a public-private
8partnership for qualifying projects on the toll highway system
9such as commuter rail or high-speed rail lines, and
10intelligent transportation infrastructure that will enhance
11the safety, efficiency, and environmental quality of the State
12highway system. The Authority may operate or provide
13operational services such as toll collection on highways that
14are developed or financed, or both, through a public-private
15agreement entered into by another public entity, under an
16agreement with the public entity or contractor responsible for
17the transportation project.
 
18    Section 4-5. Powers of contractor; user fees. A contractor
19has:
20    (a) all powers allowed by law generally to a private
21entity having the same form of organization as the contractor;
22and
23    (b) the power to develop, own, control, finance, and

 

 

10200SB1900sam001- 39 -LRB102 14405 RAM 34318 a

1operate the qualifying project, and to impose and collect user
2fees, subject to the terms of the public-private agreement. No
3tolls or user fees may be imposed by the contractor except as
4set forth in a public-private agreement.
 
5    Section 4-10. Powers of contractor; property interests.
6The contractor may own, lease, or acquire any property
7interest or other right to develop, finance, or operate the
8qualifying project, provided the qualifying project retains a
9public purpose.
 
10    Section 4-15. Powers of contractor; user classifications
11and enforcement of rules. In operating the qualifying project,
12the contractor may do the following:
13    (a) make user classifications as permitted in the
14public-private agreement.
15    (b) as permitted in the public-private agreement or
16otherwise with the consent of the responsible public entity,
17make and enforce reasonable rules to the same extent that the
18responsible public entity may make and enforce rules with
19respect to a similar project.
 
20
Article 5. Public-Private Agreements

 
21    Section 5-1. Provisions of agreement.
22    (a) Before beginning the development, financing,

 

 

10200SB1900sam001- 40 -LRB102 14405 RAM 34318 a

1operation, or any combination of the development, financing,
2or operation of a qualifying project under this Act, the
3contractor must enter into a public-private agreement with the
4responsible public entity. Subject to the other provisions of
5this Act, the responsible public entity and a private entity
6may enter into a public-private agreement with respect to a
7qualifying project. Subject to the requirements of this Act, a
8public-private agreement may provide that the private entity,
9acting on behalf of the responsible public entity, is
10partially or entirely responsible for any combination of
11developing, financing, or operating the qualifying project.
12    (b) The public-private agreement must be in writing and
13may, as determined appropriate by the responsible public
14entity for the particular qualifying project, provide for some
15or all of the following:
16        (1) Development, planning, design, construction,
17    maintenance, repair, rehabilitation, expansion, providing
18    of services, financing, and operation of the qualifying
19    project under terms set forth in the public-private
20    agreement, in any form as deemed appropriate by the
21    responsible public entity, including, but not limited to,
22    a long-term concession or lease, or an agent to build,
23    finance, own, operate, maintain or any one or combination
24    of the same, as applicable and serving a public purpose, a
25    design-bid-build agreement, a design-build agreement, a
26    design-build-maintain agreement, a design-build-finance

 

 

10200SB1900sam001- 41 -LRB102 14405 RAM 34318 a

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

 

 

10200SB1900sam001- 42 -LRB102 14405 RAM 34318 a

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

 

 

10200SB1900sam001- 43 -LRB102 14405 RAM 34318 a

1    entity on a periodic basis.
2        (9) Compensation or payments to the contractor.
3    Compensation or payments may include any or a combination
4    of the following:
5            (i) a base fee and additional fee for project
6        savings as the design-builder of a construction
7        project;
8            (ii) a development fee, payable on a lump sum
9        basis, progress payment basis, project milestone
10        basis, time and materials basis, or any other basis
11        considered appropriate by the responsible public
12        entity;
13            (iii) an operations fee, payable on a lump sum
14        basis, time and material basis, periodic basis, or any
15        other basis considered appropriate by the responsible
16        public entity;
17            (iv) some or all of the revenues, if any, arising
18        out of operation of the qualifying project;
19            (v) a maximum rate of return on investment or
20        return on equity or a combination of the 2;
21            (vi) in-kind services, materials, property,
22        equipment, or other items;
23            (vii) compensation in the event of any
24        termination;
25            (viii) availability payments or similar
26        arrangements whereby payments are made to the

 

 

10200SB1900sam001- 44 -LRB102 14405 RAM 34318 a

1        contractor pursuant to the terms set forth in the
2        public-private agreements or related agreements;
3            (ix) other compensation set forth in the
4        public-private agreement or otherwise considered
5        appropriate by the responsible public entity.
6        (10) Compensation or payments to the responsible
7    public entity, if any. Compensation or payments to the
8    responsible public entity may include any one or
9    combination of the following:
10            (i) a concession or lease payment or other fee,
11        which may be payable upfront or on a periodic basis or
12        on another basis deemed appropriate by the responsible
13        public entity;
14            (ii) sharing of revenues, if any, from the
15        operation of the qualifying project;
16            (iii) sharing of project savings from the
17        construction or services of the qualifying project;
18            (iv) payment for any services, materials,
19        equipment, personnel, or other items provided by the
20        responsible public entity to the contractor under the
21        public-private agreement or in connection with the
22        qualifying project;
23            (v) other compensation set forth in the
24        public-private agreement or otherwise considered
25        appropriate by the parties.
26        (11) the date and terms of termination of the

 

 

10200SB1900sam001- 45 -LRB102 14405 RAM 34318 a

1    contractor's authority and duties under the public-private
2    agreement and the circumstances under which the
3    contractor's authority and duties may be terminated before
4    that date;
5        (12) the term of a public-private agreement, including
6    all extensions, may not exceed 75 years.
7        (13) the termination of the public-private agreement,
8    upon which the authority of the contractor under this Act
9    ceases, except for those duties and obligations that
10    extend beyond the termination, as set forth in the
11    public-private agreement, and upon which all interests in
12    the qualifying project shall revert to the responsible
13    public entity;
14        (14) rights and remedies of the responsible public
15    entity if the contractor defaults or otherwise fails to
16    comply with the terms of the public-private agreement;
17        (15) procedures for the selection of professional
18    design firms and subcontractors, which shall include
19    procedures consistent with the Architectural, Engineering,
20    and Land Surveying Qualifications Based Selection Act for
21    the selection of professional design firms and may
22    include, in the discretion of the responsible public
23    entity, procedures consistent with the low bid procurement
24    procedures outlined in the Illinois Procurement Code for
25    the selection of construction companies;
26        (16) other terms, conditions, and provisions that the

 

 

10200SB1900sam001- 46 -LRB102 14405 RAM 34318 a

1    responsible public entity finds are in the public's
2    interest.
3    (c) A project labor agreement shall be required by all
4private entities performing construction of public
5infrastructure for qualifying projects.
 
6    Section 5-5. Additional requirements.
7    (a) The responsible public entity may fix the amounts of
8user fees that a contractor may charge and collect for the use
9of any part of a qualifying project in accordance with the
10public-private agreement. In fixing the amounts, the
11responsible public entity may establish amounts for the user
12fees and may provide that any increases or decreases of those
13fees shall be based upon the indices, methodologies, or other
14factors the responsible public entity considers appropriate.
15    (b) A public-private agreement may:
16    (1) authorize the imposition of tolls;
17    (2) authorize the contractor to adjust the user fees for
18the use of the qualifying project, so long as the amounts
19charged and collected by the contractor do not exceed amounts
20established by the responsible public entity under the
21public-private agreement;
22    (3) provide that any adjustment by the contractor
23permitted under paragraph (2) may be based on the indices,
24methodologies, or other factors described in the
25public-private agreement;

 

 

10200SB1900sam001- 47 -LRB102 14405 RAM 34318 a

1    (4) authorize the contractor to charge and collect user
2fees through methods, including, but not limited to, automatic
3vehicle identification systems, electronic toll collection
4systems, and, to the extent permitted by law, global
5positioning system-based, photo-based, or video-based toll
6collection enforcement, if, to the maximum extent feasible,
7the contractor will (i) use open road tolling methods that
8allow payment of tolls at highway speeds and (ii) comply with
9United States Department of Transportation requirements and
10best practices with respect to tolling methods; and
11    (5) authorize the collection of user fees by a third
12party.
 
13    Section 5-10. Loans for qualifying project. In the
14public-private agreement, the responsible public entity may
15agree to make loans for the development or operation, or both,
16of the qualifying project from time to time from amounts
17received from the federal government or any agency or
18instrumentality of the federal government or from any State or
19local agency. No loan shall extend beyond the life of the
20qualifying project as the parties determine.
 
21    Section 5-15. Terms and conditions in agreement. The
22public-private agreement must incorporate the duties of the
23contractor under this Act and may contain the other terms and
24conditions that the responsible public entity determines serve

 

 

10200SB1900sam001- 48 -LRB102 14405 RAM 34318 a

1the public purpose of this Act. The public-private agreement
2may contain provisions under which the responsible public
3entity agrees to provide notice of default and cure rights for
4the benefit of the contractor and the persons or entities
5described in the public-private agreement that are providing
6financing for the qualifying project. The public-private
7agreement may contain any other lawful term or condition to
8which the contractor and the responsible public entity
9mutually agree, including provisions regarding change orders,
10dispute resolution, required upgrades to the qualifying
11project, tolling policies, changes and modifications to the
12qualifying project, unavoidable delays, or provisions for a
13loan or grant of public funds for the development or
14operation, or both, of one or more qualifying projects.
 
15    Section 5-20. Responsible public entity takeover of
16qualifying project after termination or expiration.
17    (a) Upon the termination or expiration of the
18public-private agreement, including a termination for default,
19the responsible public entity shall have the right to take
20over the qualifying project, and all of the right, title, and
21interest in the qualifying project and all real property
22acquired as a part of the project shall be held in the name of
23the responsible public entity.
24    (b) If a responsible public entity elects to take over a
25qualifying project as provided in subsection (a), the

 

 

10200SB1900sam001- 49 -LRB102 14405 RAM 34318 a

1responsible public entity may do the following:
2        (1) develop, finance, or operate the project,
3    including through a public-private agreement entered in
4    accordance with this Act;
5        (2) impose, collect, retain, and use user fees, if
6    any, for the project.
7    (c) If a responsible public entity elects to take over a
8qualifying project as provided in subsection (a), the
9responsible public entity may use the revenues, if any, for
10any lawful purpose, including to:
11        (1) make payments to individuals or entities in
12    connection with any financing of the qualifying project,
13    including through a public-private agreement entered into
14    in accordance with this Act;
15        (2) permit a contractor to receive some or all of the
16    revenues under a public-private agreement entered into
17    under this Act;
18        (3) pay development costs of the project;
19        (4) pay current operation costs of the project or
20    facilities;
21        (5) pay the contractor for any compensation or payment
22    owing upon termination;
23        (6) pay for the development, financing, or operation
24    of any other project or projects the responsible public
25    entity deems appropriate.
26    (d) The full faith and credit of the State or any political

 

 

10200SB1900sam001- 50 -LRB102 14405 RAM 34318 a

1subdivision of the State or the responsible public entity is
2not pledged to secure any financing of the contractor by the
3election to take over the qualifying project. Assumption of
4development or operation, or both, of the qualifying project
5does not obligate the State or any political subdivision of
6the State or the responsible public entity to pay any
7obligation of the contractor.
 
8    Section 5-25. Changes added by written amendment. Any
9changes in the terms of the public-private agreement agreed to
10by the parties shall be added to the public-private agreement
11by written amendment.
 
12    Section 5-30. Agreements with multiple private entities.
13Notwithstanding any other provision of this Act, the
14responsible public entity may enter into a public-private
15agreement with multiple private entities if the responsible
16public entity determines in writing that it is in the public
17interest to do so.
 
18    Section 5-35. Agreement provisions for qualifying project.
19The public-private agreement may provide for all or part of
20the development, financing, or operation of phases or segments
21of the qualifying project.
 
22
Article 6. Development and Operations Standards for Projects

 

 

 

10200SB1900sam001- 51 -LRB102 14405 RAM 34318 a

1    Section 6-1. Standards of compliance for plans and
2specifications. The plans and specifications, if any, for each
3project developed under this Act must comply with:
4        (1) the responsible public entity's standards for
5    other projects of a similar nature or as otherwise
6    provided in the public-private agreement;
7        (2) the Professional Engineering Practice Act of 1989,
8    the Structural Engineering Practice Act of 1989, the
9    Illinois Architecture Practice Act of 1989, the
10    requirements of Section 30-22 of the Illinois Procurement
11    Code as applicable to responsible bidders, and the
12    Illinois Professional Land Surveyor Act of 1989; and
13        (3) any other applicable State or federal standards.
 
14    Section 6-5. Highway projects; jurisdiction. Each highway
15project constructed or operated under this Act is considered
16to be part of:
17        (1) the State highway system for purposes of
18    identification, maintenance standards, and enforcement of
19    traffic laws if the highway project is under the
20    jurisdiction of the Department;
21        (2) the toll highway system for purposes of
22    identification, maintenance standards, and enforcement of
23    traffic laws if the highway project is under the
24    jurisdiction of the Authority; or

 

 

10200SB1900sam001- 52 -LRB102 14405 RAM 34318 a

1        (3) a country or municipal road system for purposes of
2    identification, maintenance standards and enforcement of
3    traffic laws if the highway or road project is under the
4    jurisdiction of a county or municipality.
 
5    Section 6-10. Service agreements. Any unit of local
6government or State agency may enter into agreements with the
7contractor for maintenance or other services under this Act.
 
8    Section 6-15. Cooperation with federal and local agencies.
9The responsible public entity shall seek the cooperation of
10federal and local agencies to expedite all necessary federal
11and local permits, licenses, and approvals necessary for
12projects under this Act.
 
13
Article 7. Taxation of Contractors

 
14    Section 7-1. Exemptions from property taxes. A project
15under this Act and tangible personal property used exclusively
16in connection with a project that are (a) owned by the
17responsible public entity and leased, licensed, financed, or
18otherwise conveyed to a contractor or (b) acquired,
19constructed, or otherwise provided by a contractor on behalf
20of the responsible public entity under the terms of a
21public-private agreement are considered to be public property
22devoted to an essential public and governmental function and

 

 

10200SB1900sam001- 53 -LRB102 14405 RAM 34318 a

1purpose. The property, and a contractor's leasehold estate or
2interests in the property, are exempt from all ad valorem
3property taxes and special assessments levied against property
4by the State or any political subdivision of the State.
 
5    Section 7-5. Exemptions from retail and use taxes. A
6contractor or any other person purchasing tangible personal
7property for incorporation into or improvement of a structure
8or facility constituting or becoming part of the land included
9in a project is entitled to the exemption from retail tax and
10use tax provided under the Retailers' Occupation Tax Act and
11Use Tax Act, respectively, with respect to that tangible
12personal property.
 
13    Section 7-10. Taxation of income. Income received by a
14contractor under the terms of a public-private agreement is
15subject to taxation in the same manner as income received by
16other private entities.
 
17
Article 8. Financial Arrangements

 
18    Section 8-1. Actions to obtain credit assistance. The
19responsible public entity may do any combination of applying
20for, executing, or endorsing applications submitted by private
21entities to obtain federal, State, or local credit assistance
22for qualifying projects developed, financed, or operated under

 

 

10200SB1900sam001- 54 -LRB102 14405 RAM 34318 a

1this Act, including loans, lines of credit, and guarantees.
 
2    Section 8-5. Actions to obtain assistance. The responsible
3public entity may take any action to obtain federal, State, or
4local assistance for a qualifying project that serves the
5public purpose of this Act and may enter into any contracts
6required to receive federal assistance. The responsible public
7entity may determine that it serves the public purpose of this
8Act for all or any portion of the costs of a qualifying project
9to be paid, directly or indirectly, from the proceeds of a
10grant or loan, line of credit, or loan guarantee made by a
11local, State, or federal government or any agency or
12instrumentality of a local, State, or federal government. Such
13assistance may include, but not be limited to, federal credit
14assistance pursuant to the Transportation Infrastructure
15Finance and Innovation Act and the Water Infrastructure and
16Finance and Innovation Act.
 
17    Section 8-10. Grants or loans from amounts received from
18governments. The responsible public entity may agree to make
19grants or loans for the development, financing, or operation
20of a qualifying project from time to time, from amounts
21received from the federal, State, or local government or any
22agency or instrumentality of the federal, State, or local
23government.
 

 

 

10200SB1900sam001- 55 -LRB102 14405 RAM 34318 a

1    Section 8-15. Terms and conditions of financing. Any
2financing of a qualifying project may be in the amounts for the
3term, and upon other terms and conditions that are determined
4by the parties to the public-private agreement, and the
5financing shall not exceed the life of the qualifying project,
6not to exceed 75 years.
 
7    Section 8-20. General powers for the purpose of financing.
8For the purpose of financing a qualifying project, the
9contractor and the responsible public entity may do the
10following:
11        (1) propose to use any and all of the revenues
12    generated by a qualifying project to pay principal,
13    interest, costs of operation and maintenance of a
14    qualifying project;
15        (2) enter into grant agreements;
16        (3) access any other funds for design, construction,
17    operation or maintenance of a qualifying project available
18    to the responsible public entity or private entity,
19    including public or private pension funds;
20        (4) accept grants from the responsible public entity
21    or other public or private agency or entity;
22        (5) enter into a lease with a private entity for a
23    qualifying project and may lease a qualifying project to a
24    contractor under a public-private agreement;
25        (6) pay lease rentals for leases that the responsible

 

 

10200SB1900sam001- 56 -LRB102 14405 RAM 34318 a

1    public entity has entered into under this Act that secure
2    bonds or debts issued or approved under this Article from
3    any legally available revenues, including:
4            (A) payments received from a contractor;
5            (B) federal highway revenues;
6            (C) distributions from the State highway fund; and
7            (D) other funds available to the responsible
8        public entity for such purpose.
 
9    Section 8-25. Debt.
10    (a) For the purpose of financing a qualifying project, the
11responsible public entity may by resolution borrow money and
12enter into agreements, leases, contracts or subleases with a
13private entity, and do the following:
14        (i) issue, sell, and refund bonds, notes of the
15    responsible public entity, debt, or other debt
16    obligations;
17        (ii) enter into loan agreements or other credit
18    facilities; and
19        (iii) secure any financing with a pledge of revenues,
20    security interest in, or lien on all or part of a property
21    subject to the agreement, including all of the party's
22    property interests in the qualifying project.
23    (b) Any term of such debt shall not exceed the earlier of
24the term of the public-private agreement, the life of the
25qualifying project, or 75 years.

 

 

10200SB1900sam001- 57 -LRB102 14405 RAM 34318 a

1    (c) The bonds, notes and other forms of debt issued under
2this Article:
3        (i) constitute the corporate obligations of the
4    responsible public entity;
5        (ii) do not constitute an indebtedness of the State
6    within the meaning or application of any constitutional
7    provision or limitation; and
8        (iii) are payable solely as to both principal and
9    interest and other associated fees from:
10            (1) the revenues from a lease to the responsible
11        public entity, if any;
12            (2) proceeds of bonds or notes, if any;
13            (3) investment earnings on proceeds of bonds or
14        notes; or
15            (4) other funds available to the responsible
16        public entity for such purpose.
 
17    Section 8-30. Use of public funds for financing. For the
18purpose of financing a qualifying project, public funds,
19including public or private pension funds, may be used and
20aggregated with funds provided by or on behalf of the
21contractor or other private entities. The use of public funds
22to finance all or a portion of qualifying projects authorized
23under this Article constitutes authorized investments as
24provided in Section 2 of the Public Funds Investment Act.
 

 

 

10200SB1900sam001- 58 -LRB102 14405 RAM 34318 a

1    Section 8-35. Private activity bonds for purpose of
2financing. For the purpose of financing a qualifying project,
3a responsible public entity is authorized to do any
4combination of applying for, executing, or endorsing
5applications for an allocation of tax-exempt bond financing
6authorization provided by the United States Internal Revenue
7Code, as well as financing available under any other federal
8law or program.
 
9    Section 8-40. Characterization of financing. Any bonds,
10debt, or other securities or other financing issued by or on
11behalf of a contractor for the purposes of a project
12undertaken under this Act shall not be deemed to constitute a
13debt of the responsible public entity, the State, or any
14political subdivision of the State or a pledge of the faith and
15credit of the responsible public entity, the State, or any
16political subdivision of the State, for purposes of debt
17limitation.
 
18
Article 9. Acquisition of Property

 
19    Section 9-1. General. The responsible public entity may
20exercise any power of condemnation or eminent domain,
21including quick-take powers, that it has under law, for the
22purpose of acquiring any lands or estates or interests in land
23for a qualifying project to the extent provided in the

 

 

10200SB1900sam001- 59 -LRB102 14405 RAM 34318 a

1public-private agreement or otherwise to the extent that the
2responsible public entity finds that the action serves the
3public purpose of this Act and deems it appropriate in the
4exercise of its powers under this Act.
 
5    Section 9-5. Entering into grants of property interests.
6The responsible public entity and a private entity may enter
7into the leases, licenses, easements, and other grants of
8property that the responsible public entity determines
9necessary to carry out this Act.
 
10
Article 10. Law Enforcement

 
11    Section 10-1. Powers and jurisdiction within limits of
12qualifying project.
13    (a) All law enforcement officers of the State and of each
14affected jurisdiction have the same powers and jurisdiction
15within the limits of the qualifying project as they have in
16their respective areas of jurisdiction.
17    (b) Law enforcement officers shall have access to the
18qualifying project at any time for the purpose of exercising
19their powers and jurisdiction.
 
20    Section 10-5. Application of traffic and motor vehicle
21laws; punishment for infractions.
22    (a) The traffic and motor vehicle laws of the State of

 

 

10200SB1900sam001- 60 -LRB102 14405 RAM 34318 a

1Illinois or, if applicable, any local jurisdiction shall be
2the same as those applying to conduct on similar projects in
3the State of Illinois or the local jurisdiction.
4    (b) Punishment for infractions and offenses shall be as
5prescribed by law for conduct occurring on similar projects in
6the State of Illinois or the local jurisdiction.
 
7    Section 10-10. Law enforcement assistance.
8    (a) Each responsible public entity may enter into an
9agreement between and among the private entity, the
10responsible public entity, and the Illinois State Police or
11other appropriate policing authority where the project is
12located concerning the provision of law enforcement assistance
13with respect to a qualifying project that is the subject of a
14public-private agreement under this Act.
15    (b) Each responsible public entity is authorized to enter
16into arrangements with the appropriate policing unit related
17to costs incurred in providing law enforcement assistance
18under this Act.
 
19
Article 11. Additional Powers of Responsible Public Entity
20
with Respect to Qualifying Projects

 
21    Section 11-5. Contracts and agreements necessary to
22performance of duties and execution of powers. Each
23responsible public entity may make and enter into all

 

 

10200SB1900sam001- 61 -LRB102 14405 RAM 34318 a

1contracts and agreements necessary or incidental to the
2performance of the responsible public entity's duties and the
3execution of the responsible public entity's powers under this
4Act. Except as otherwise required by law, these contracts or
5agreements are not subject to any appropriation or approvals
6other than the approval of the responsible public entity and
7may be for any term of years and contain any terms that are
8considered reasonable by the responsible public entity.
 
9    Section 11-10. Payment of costs. A responsible public
10entity may pay the costs incurred under a public-private
11agreement entered into under this Act from any funds available
12to the responsible public entity under this Act or any other
13statute.
 
14    Section 11-15. Action that would impair agreement
15prohibited. A responsible public entity or other State or
16local government may not take any action that would impair a
17public-private agreement entered into under this Act.
 
18
Article 90. Amendatory Changes

 
19    Section 90-5. The Freedom of Information Act is amended by
20changing Section 7.5 as follows:
 
21    (5 ILCS 140/7.5)

 

 

10200SB1900sam001- 62 -LRB102 14405 RAM 34318 a

1    Sec. 7.5. Statutory exemptions. To the extent provided for
2by the statutes referenced below, the following shall be
3exempt from inspection and copying:
4        (a) All information determined to be confidential
5    under Section 4002 of the Technology Advancement and
6    Development Act.
7        (b) Library circulation and order records identifying
8    library users with specific materials under the Library
9    Records Confidentiality Act.
10        (c) Applications, related documents, and medical
11    records received by the Experimental Organ Transplantation
12    Procedures Board and any and all documents or other
13    records prepared by the Experimental Organ Transplantation
14    Procedures Board or its staff relating to applications it
15    has received.
16        (d) Information and records held by the Department of
17    Public Health and its authorized representatives relating
18    to known or suspected cases of sexually transmissible
19    disease or any information the disclosure of which is
20    restricted under the Illinois Sexually Transmissible
21    Disease Control Act.
22        (e) Information the disclosure of which is exempted
23    under Section 30 of the Radon Industry Licensing Act.
24        (f) Firm performance evaluations under Section 55 of
25    the Architectural, Engineering, and Land Surveying
26    Qualifications Based Selection Act.

 

 

10200SB1900sam001- 63 -LRB102 14405 RAM 34318 a

1        (g) Information the disclosure of which is restricted
2    and exempted under Section 50 of the Illinois Prepaid
3    Tuition Act.
4        (h) Information the disclosure of which is exempted
5    under the State Officials and Employees Ethics Act, and
6    records of any lawfully created State or local inspector
7    general's office that would be exempt if created or
8    obtained by an Executive Inspector General's office under
9    that Act.
10        (i) Information contained in a local emergency energy
11    plan submitted to a municipality in accordance with a
12    local emergency energy plan ordinance that is adopted
13    under Section 11-21.5-5 of the Illinois Municipal Code.
14        (j) Information and data concerning the distribution
15    of surcharge moneys collected and remitted by carriers
16    under the Emergency Telephone System Act.
17        (k) Law enforcement officer identification information
18    or driver identification information compiled by a law
19    enforcement agency or the Department of Transportation
20    under Section 11-212 of the Illinois Vehicle Code.
21        (l) Records and information provided to a residential
22    health care facility resident sexual assault and death
23    review team or the Executive Council under the Abuse
24    Prevention Review Team Act.
25        (m) Information provided to the predatory lending
26    database created pursuant to Article 3 of the Residential

 

 

10200SB1900sam001- 64 -LRB102 14405 RAM 34318 a

1    Real Property Disclosure Act, except to the extent
2    authorized under that Article.
3        (n) Defense budgets and petitions for certification of
4    compensation and expenses for court appointed trial
5    counsel as provided under Sections 10 and 15 of the
6    Capital Crimes Litigation Act. This subsection (n) shall
7    apply until the conclusion of the trial of the case, even
8    if the prosecution chooses not to pursue the death penalty
9    prior to trial or sentencing.
10        (o) Information that is prohibited from being
11    disclosed under Section 4 of the Illinois Health and
12    Hazardous Substances Registry Act.
13        (p) Security portions of system safety program plans,
14    investigation reports, surveys, schedules, lists, data, or
15    information compiled, collected, or prepared by or for the
16    Department of Transportation under Sections 2705-300 and
17    2705-616 of the Department of Transportation Law of the
18    Civil Administrative Code of Illinois, the Regional
19    Transportation Authority under Section 2.11 of the
20    Regional Transportation Authority Act, or the St. Clair
21    County Transit District under the Bi-State Transit Safety
22    Act.
23        (q) Information prohibited from being disclosed by the
24    Personnel Record Review Act.
25        (r) Information prohibited from being disclosed by the
26    Illinois School Student Records Act.

 

 

10200SB1900sam001- 65 -LRB102 14405 RAM 34318 a

1        (s) Information the disclosure of which is restricted
2    under Section 5-108 of the Public Utilities Act.
3        (t) All identified or deidentified health information
4    in the form of health data or medical records contained
5    in, stored in, submitted to, transferred by, or released
6    from the Illinois Health Information Exchange, and
7    identified or deidentified health information in the form
8    of health data and medical records of the Illinois Health
9    Information Exchange in the possession of the Illinois
10    Health Information Exchange Office due to its
11    administration of the Illinois Health Information
12    Exchange. The terms "identified" and "deidentified" shall
13    be given the same meaning as in the Health Insurance
14    Portability and Accountability Act of 1996, Public Law
15    104-191, or any subsequent amendments thereto, and any
16    regulations promulgated thereunder.
17        (u) Records and information provided to an independent
18    team of experts under the Developmental Disability and
19    Mental Health Safety Act (also known as Brian's Law).
20        (v) Names and information of people who have applied
21    for or received Firearm Owner's Identification Cards under
22    the Firearm Owners Identification Card Act or applied for
23    or received a concealed carry license under the Firearm
24    Concealed Carry Act, unless otherwise authorized by the
25    Firearm Concealed Carry Act; and databases under the
26    Firearm Concealed Carry Act, records of the Concealed

 

 

10200SB1900sam001- 66 -LRB102 14405 RAM 34318 a

1    Carry Licensing Review Board under the Firearm Concealed
2    Carry Act, and law enforcement agency objections under the
3    Firearm Concealed Carry Act.
4        (v-5) Records of the Firearm Owner's Identification
5    Card Review Board that are exempted from disclosure under
6    Section 10 of the Firearm Owners Identification Card Act.
7        (w) Personally identifiable information which is
8    exempted from disclosure under subsection (g) of Section
9    19.1 of the Toll Highway Act.
10        (x) Information which is exempted from disclosure
11    under Section 5-1014.3 of the Counties Code or Section
12    8-11-21 of the Illinois Municipal Code.
13        (y) Confidential information under the Adult
14    Protective Services Act and its predecessor enabling
15    statute, the Elder Abuse and Neglect Act, including
16    information about the identity and administrative finding
17    against any caregiver of a verified and substantiated
18    decision of abuse, neglect, or financial exploitation of
19    an eligible adult maintained in the Registry established
20    under Section 7.5 of the Adult Protective Services Act.
21        (z) Records and information provided to a fatality
22    review team or the Illinois Fatality Review Team Advisory
23    Council under Section 15 of the Adult Protective Services
24    Act.
25        (aa) Information which is exempted from disclosure
26    under Section 2.37 of the Wildlife Code.

 

 

10200SB1900sam001- 67 -LRB102 14405 RAM 34318 a

1        (bb) Information which is or was prohibited from
2    disclosure by the Juvenile Court Act of 1987.
3        (cc) Recordings made under the Law Enforcement
4    Officer-Worn Body Camera Act, except to the extent
5    authorized under that Act.
6        (dd) Information that is prohibited from being
7    disclosed under Section 45 of the Condominium and Common
8    Interest Community Ombudsperson Act.
9        (ee) Information that is exempted from disclosure
10    under Section 30.1 of the Pharmacy Practice Act.
11        (ff) Information that is exempted from disclosure
12    under the Revised Uniform Unclaimed Property Act.
13        (gg) Information that is prohibited from being
14    disclosed under Section 7-603.5 of the Illinois Vehicle
15    Code.
16        (hh) Records that are exempt from disclosure under
17    Section 1A-16.7 of the Election Code.
18        (ii) Information which is exempted from disclosure
19    under Section 2505-800 of the Department of Revenue Law of
20    the Civil Administrative Code of Illinois.
21        (jj) Information and reports that are required to be
22    submitted to the Department of Labor by registering day
23    and temporary labor service agencies but are exempt from
24    disclosure under subsection (a-1) of Section 45 of the Day
25    and Temporary Labor Services Act.
26        (kk) Information prohibited from disclosure under the

 

 

10200SB1900sam001- 68 -LRB102 14405 RAM 34318 a

1    Seizure and Forfeiture Reporting Act.
2        (ll) Information the disclosure of which is restricted
3    and exempted under Section 5-30.8 of the Illinois Public
4    Aid Code.
5        (mm) Records that are exempt from disclosure under
6    Section 4.2 of the Crime Victims Compensation Act.
7        (nn) Information that is exempt from disclosure under
8    Section 70 of the Higher Education Student Assistance Act.
9        (oo) Communications, notes, records, and reports
10    arising out of a peer support counseling session
11    prohibited from disclosure under the First Responders
12    Suicide Prevention Act.
13        (pp) Names and all identifying information relating to
14    an employee of an emergency services provider or law
15    enforcement agency under the First Responders Suicide
16    Prevention Act.
17        (qq) Information and records held by the Department of
18    Public Health and its authorized representatives collected
19    under the Reproductive Health Act.
20        (rr) Information that is exempt from disclosure under
21    the Cannabis Regulation and Tax Act.
22        (ss) Data reported by an employer to the Department of
23    Human Rights pursuant to Section 2-108 of the Illinois
24    Human Rights Act.
25        (tt) Recordings made under the Children's Advocacy
26    Center Act, except to the extent authorized under that

 

 

10200SB1900sam001- 69 -LRB102 14405 RAM 34318 a

1    Act.
2        (uu) Information that is exempt from disclosure under
3    Section 50 of the Sexual Assault Evidence Submission Act.
4        (vv) Information that is exempt from disclosure under
5    subsections (f) and (j) of Section 5-36 of the Illinois
6    Public Aid Code.
7        (ww) Information that is exempt from disclosure under
8    Section 16.8 of the State Treasurer Act.
9        (xx) Information that is exempt from disclosure or
10    information that shall not be made public under the
11    Illinois Insurance Code.
12        (yy) Information prohibited from being disclosed under
13    the Illinois Educational Labor Relations Act.
14        (zz) Information prohibited from being disclosed under
15    the Illinois Public Labor Relations Act.
16        (aaa) Information prohibited from being disclosed
17    under Section 1-167 of the Illinois Pension Code.
18        (bbb) (ccc) Information that is prohibited from
19    disclosure by the Illinois Police Training Act and the
20    Illinois State Police Act.
21        (ccc) (ddd) Records exempt from disclosure under
22    Section 2605-304 of the Illinois Department of State
23    Police Law of the Civil Administrative Code of Illinois.
24        (ddd) (bbb) Information prohibited from being
25    disclosed under Section 35 of the Address Confidentiality
26    for Victims of Domestic Violence, Sexual Assault, Human

 

 

10200SB1900sam001- 70 -LRB102 14405 RAM 34318 a

1    Trafficking, or Stalking Act.
2        (eee) (ddd) Information prohibited from being
3    disclosed under subsection (b) of Section 75 of the
4    Domestic Violence Fatality Review Act.
5        (fff) Information that is exempt from disclosure under
6    Section 3-15 of the Public-Private Partnership Act.
7(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
8101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
91-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
10eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
11101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
121-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
13eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
14102-559, eff. 8-20-21; revised 10-5-21.)
 
15    Section 90-10. The Public Funds Investment Act is amended
16by changing Section 2 as follows:
 
17    (30 ILCS 235/2)  (from Ch. 85, par. 902)
18    Sec. 2. Authorized investments.
19    (a) Any public agency may invest any public funds as
20follows:
21        (1) in bonds, notes, certificates of indebtedness,
22    treasury bills or other securities now or hereafter
23    issued, which are guaranteed by the full faith and credit
24    of the United States of America as to principal and

 

 

10200SB1900sam001- 71 -LRB102 14405 RAM 34318 a

1    interest;
2        (2) in bonds, notes, debentures, or other similar
3    obligations of the United States of America, its agencies,
4    and its instrumentalities;
5        (3) in interest-bearing savings accounts,
6    interest-bearing certificates of deposit or
7    interest-bearing time deposits or any other investments
8    constituting direct obligations of any bank as defined by
9    the Illinois Banking Act;
10        (4) in short-term obligations of corporations
11    organized in the United States with assets exceeding
12    $500,000,000 if (i) such obligations are rated at the time
13    of purchase at one of the 3 highest classifications
14    established by at least 2 standard rating services and
15    which mature not later than 270 days from the date of
16    purchase, (ii) such purchases do not exceed 10% of the
17    corporation's outstanding obligations, and (iii) no more
18    than one-third of the public agency's funds may be
19    invested in short-term obligations of corporations under
20    this paragraph (4);
21        (4.5) in obligations of corporations organized in the
22    United States with assets exceeding $500,000,000 if (i)
23    such obligations are rated at the time of purchase at one
24    of the 3 highest classifications established by at least 2
25    standard rating services and which mature more than 270
26    days but less than 3 years from the date of purchase, (ii)

 

 

10200SB1900sam001- 72 -LRB102 14405 RAM 34318 a

1    such purchases do not exceed 10% of the corporation's
2    outstanding obligations, and (iii) no more than one-third
3    of the public agency's funds may be invested in
4    obligations of corporations under this paragraph (4.5); or
5        (5) in money market mutual funds registered under the
6    Investment Company Act of 1940, provided that the
7    portfolio of any such money market mutual fund is limited
8    to obligations described in paragraph (1) or (2) of this
9    subsection and to agreements to repurchase such
10    obligations.
11    (a-1) In addition to any other investments authorized
12under this Act, a municipality, park district, forest preserve
13district, conservation district, county, or other governmental
14unit may invest its public funds in interest bearing bonds of
15any county, township, city, village, incorporated town,
16municipal corporation, or school district, of the State of
17Illinois, of any other state, or of any political subdivision
18or agency of the State of Illinois or of any other state,
19whether the interest earned thereon is taxable or tax-exempt
20under federal law. The bonds shall be registered in the name of
21the municipality, park district, forest preserve district,
22conservation district, county, or other governmental unit, or
23held under a custodial agreement at a bank. The bonds shall be
24rated at the time of purchase within the 4 highest general
25classifications established by a rating service of nationally
26recognized expertise in rating bonds of states and their

 

 

10200SB1900sam001- 73 -LRB102 14405 RAM 34318 a

1political subdivisions.
2    (b) Investments may be made only in banks which are
3insured by the Federal Deposit Insurance Corporation. Any
4public agency may invest any public funds in short term
5discount obligations of the Federal National Mortgage
6Association or in shares or other forms of securities legally
7issuable by savings banks or savings and loan associations
8incorporated under the laws of this State or any other state or
9under the laws of the United States. Investments may be made
10only in those savings banks or savings and loan associations
11the shares, or investment certificates of which are insured by
12the Federal Deposit Insurance Corporation. Any such securities
13may be purchased at the offering or market price thereof at the
14time of such purchase. All such securities so purchased shall
15mature or be redeemable on a date or dates prior to the time
16when, in the judgment of such governing authority, the public
17funds so invested will be required for expenditure by such
18public agency or its governing authority. The expressed
19judgment of any such governing authority as to the time when
20any public funds will be required for expenditure or be
21redeemable is final and conclusive. Any public agency may
22invest any public funds in dividend-bearing share accounts,
23share certificate accounts or class of share accounts of a
24credit union chartered under the laws of this State or the laws
25of the United States; provided, however, the principal office
26of any such credit union must be located within the State of

 

 

10200SB1900sam001- 74 -LRB102 14405 RAM 34318 a

1Illinois. Investments may be made only in those credit unions
2the accounts of which are insured by applicable law.
3    (c) For purposes of this Section, the term "agencies of
4the United States of America" includes: (i) the federal land
5banks, federal intermediate credit banks, banks for
6cooperative, federal farm credit banks, or any other entity
7authorized to issue debt obligations under the Farm Credit Act
8of 1971 (12 U.S.C. 2001 et seq.) and Acts amendatory thereto;
9(ii) the federal home loan banks and the federal home loan
10mortgage corporation; and (iii) any other agency created by
11Act of Congress.
12    (d) Except for pecuniary interests permitted under
13subsection (f) of Section 3-14-4 of the Illinois Municipal
14Code or under Section 3.2 of the Public Officer Prohibited
15Practices Act, no person acting as treasurer or financial
16officer or who is employed in any similar capacity by or for a
17public agency may do any of the following:
18        (1) have any interest, directly or indirectly, in any
19    investments in which the agency is authorized to invest.
20        (2) have any interest, directly or indirectly, in the
21    sellers, sponsors, or managers of those investments.
22        (3) receive, in any manner, compensation of any kind
23    from any investments in which the agency is authorized to
24    invest.
25    (e) Any public agency may also invest any public funds in a
26Public Treasurers' Investment Pool created under Section 17 of

 

 

10200SB1900sam001- 75 -LRB102 14405 RAM 34318 a

1the State Treasurer Act. Any public agency may also invest any
2public funds in a fund managed, operated, and administered by
3a bank, subsidiary of a bank, or subsidiary of a bank holding
4company or use the services of such an entity to hold and
5invest or advise regarding the investment of any public funds.
6    (f) To the extent a public agency has custody of funds not
7owned by it or another public agency and does not otherwise
8have authority to invest such funds, the public agency may
9invest such funds as if they were its own. Such funds must be
10released to the appropriate person at the earliest reasonable
11time, but in no case exceeding 31 days, after the private
12person becomes entitled to the receipt of them. All earnings
13accruing on any investments or deposits made pursuant to the
14provisions of this Act shall be credited to the public agency
15by or for which such investments or deposits were made, except
16as provided otherwise in Section 4.1 of the State Finance Act
17or the Local Governmental Tax Collection Act, and except where
18by specific statutory provisions such earnings are directed to
19be credited to and paid to a particular fund.
20    (g) A public agency may purchase or invest in repurchase
21agreements of government securities having the meaning set out
22in the Government Securities Act of 1986, as now or hereafter
23amended or succeeded, subject to the provisions of said Act
24and the regulations issued thereunder. The government
25securities, unless registered or inscribed in the name of the
26public agency, shall be purchased through banks or trust

 

 

10200SB1900sam001- 76 -LRB102 14405 RAM 34318 a

1companies authorized to do business in the State of Illinois.
2    (h) Except for repurchase agreements of government
3securities which are subject to the Government Securities Act
4of 1986, as now or hereafter amended or succeeded, no public
5agency may purchase or invest in instruments which constitute
6repurchase agreements, and no financial institution may enter
7into such an agreement with or on behalf of any public agency
8unless the instrument and the transaction meet the following
9requirements:
10        (1) The securities, unless registered or inscribed in
11    the name of the public agency, are purchased through banks
12    or trust companies authorized to do business in the State
13    of Illinois.
14        (2) An authorized public officer after ascertaining
15    which firm will give the most favorable rate of interest,
16    directs the custodial bank to "purchase" specified
17    securities from a designated institution. The "custodial
18    bank" is the bank or trust company, or agency of
19    government, which acts for the public agency in connection
20    with repurchase agreements involving the investment of
21    funds by the public agency. The State Treasurer may act as
22    custodial bank for public agencies executing repurchase
23    agreements. To the extent the Treasurer acts in this
24    capacity, he is hereby authorized to pass through to such
25    public agencies any charges assessed by the Federal
26    Reserve Bank.

 

 

10200SB1900sam001- 77 -LRB102 14405 RAM 34318 a

1        (3) A custodial bank must be a member bank of the
2    Federal Reserve System or maintain accounts with member
3    banks. All transfers of book-entry securities must be
4    accomplished on a Reserve Bank's computer records through
5    a member bank of the Federal Reserve System. These
6    securities must be credited to the public agency on the
7    records of the custodial bank and the transaction must be
8    confirmed in writing to the public agency by the custodial
9    bank.
10        (4) Trading partners shall be limited to banks or
11    trust companies authorized to do business in the State of
12    Illinois or to registered primary reporting dealers.
13        (5) The security interest must be perfected.
14        (6) The public agency enters into a written master
15    repurchase agreement which outlines the basic
16    responsibilities and liabilities of both buyer and seller.
17        (7) Agreements shall be for periods of 330 days or
18    less.
19        (8) The authorized public officer of the public agency
20    informs the custodial bank in writing of the maturity
21    details of the repurchase agreement.
22        (9) The custodial bank must take delivery of and
23    maintain the securities in its custody for the account of
24    the public agency and confirm the transaction in writing
25    to the public agency. The Custodial Undertaking shall
26    provide that the custodian takes possession of the

 

 

10200SB1900sam001- 78 -LRB102 14405 RAM 34318 a

1    securities exclusively for the public agency; that the
2    securities are free of any claims against the trading
3    partner; and any claims by the custodian are subordinate
4    to the public agency's claims to rights to those
5    securities.
6        (10) The obligations purchased by a public agency may
7    only be sold or presented for redemption or payment by the
8    fiscal agent bank or trust company holding the obligations
9    upon the written instruction of the public agency or
10    officer authorized to make such investments.
11        (11) The custodial bank shall be liable to the public
12    agency for any monetary loss suffered by the public agency
13    due to the failure of the custodial bank to take and
14    maintain possession of such securities.
15    (i) Notwithstanding the foregoing restrictions on
16investment in instruments constituting repurchase agreements
17the Illinois Housing Development Authority may invest in, and
18any financial institution with capital of at least
19$250,000,000 may act as custodian for, instruments that
20constitute repurchase agreements, provided that the Illinois
21Housing Development Authority, in making each such investment,
22complies with the safety and soundness guidelines for engaging
23in repurchase transactions applicable to federally insured
24banks, savings banks, savings and loan associations or other
25depository institutions as set forth in the Federal Financial
26Institutions Examination Council Policy Statement Regarding

 

 

10200SB1900sam001- 79 -LRB102 14405 RAM 34318 a

1Repurchase Agreements and any regulations issued, or which may
2be issued by the supervisory federal authority pertaining
3thereto and any amendments thereto; provided further that the
4securities shall be either (i) direct general obligations of,
5or obligations the payment of the principal of and/or interest
6on which are unconditionally guaranteed by, the United States
7of America or (ii) any obligations of any agency, corporation
8or subsidiary thereof controlled or supervised by and acting
9as an instrumentality of the United States Government pursuant
10to authority granted by the Congress of the United States and
11provided further that the security interest must be perfected
12by either the Illinois Housing Development Authority, its
13custodian or its agent receiving possession of the securities
14either physically or transferred through a nationally
15recognized book entry system.
16    (i-5) In addition to all other investments authorized
17under this Section, a public agency may invest in a financial
18arrangement that finances a qualifying project authorized
19under Article 8 of the Public-Private Partnership Act.
20    (j) In addition to all other investments authorized under
21this Section, a community college district may invest public
22funds in any mutual funds that invest primarily in corporate
23investment grade or global government short term bonds.
24Purchases of mutual funds that invest primarily in global
25government short term bonds shall be limited to funds with
26assets of at least $100 million and that are rated at the time

 

 

10200SB1900sam001- 80 -LRB102 14405 RAM 34318 a

1of purchase as one of the 10 highest classifications
2established by a recognized rating service. The investments
3shall be subject to approval by the local community college
4board of trustees. Each community college board of trustees
5shall develop a policy regarding the percentage of the
6college's investment portfolio that can be invested in such
7funds.
8    Nothing in this Section shall be construed to authorize an
9intergovernmental risk management entity to accept the deposit
10of public funds except for risk management purposes.
11(Source: P.A. 102-285, eff. 8-6-21.)".