Sen. John F. Curran

Filed: 3/3/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 1919 by replacing
3everything after the enacting clause with the following:
"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 declaration.
8    (a) It is hereby found and declared that it is the public
9policy and the public purpose of the State to promote the
10development, financing, providing of services, and operation
11of 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 public infrastructure and services in a timely
15and cost certain manner, and that such need is impeded by



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1existing 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 the providing of services, can result in
7the availability of facilities and services to the public in a
8more timely, more efficient, or less costly fashion, thereby
9serving the public safety and welfare. Properly planned and
10structured public-private partnerships and unsolicited
11proposals can help meet such needs by improving the schedule
12for delivery, lowering the cost, and providing additional
13funding. Obtaining private sector financing using a P3 model
14leverages resources to meet the demand for new infrastructure
15and services in the State. Pension funds, private investors,
16developers, contractors, and other private entities through a
17public-private partnership can use long-term financing to
18invest in public infrastructure and services and further use
19their private expertise in construction, design-build,
20management and oversight, project life-cycle planning, and
21other areas of expertise not employed by public entities.
22Private capital invested in infrastructure and service
23investments have the potential to generate stable long-term
24returns while ensuring public infrastructure and services are
25progressively maintained to benefit State residents. Pension
26funds and insurance companies seek investments to match their



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1long-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, 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 and federal
16    environmental laws;
17        (3) fairness for local jurisdictions when negotiating
18    the public-private agreements;
19        (4) the public sector to gain access to new revenue
20    sources;
21        (5) new service delivery capacity;
22        (6) the optimal sharing of risk based upon P3 best
23    practice, industry feedback, relevant project precedents,
24    and prevailing market conditions;
25        (7) cost and schedule certainty; and
26        (8) predicted service quality, performance,



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



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1    design, construction, maintenance, repair,
2    rehabilitation, expansion, financing, and operation of
3    facilities.
4        (5) Establish an Infrastructure Investment Commission
5    that focuses on supporting and promoting P3 procurement
6    models and unsolicited proposals that result in the
7    construction, renewal, or material enhancement of public
8    services and infrastructure.
9        (6) Provide responsible public entities:
10            (A) the best-in-class project tools, expertise,
11        and resources to develop predictable procedures for
12        developing P3 projects and unsolicited proposals; and
13            (B) a process to submit unsolicited proposals to
14        responsible public entities that protects their
15        proprietary trade information.
16        (7) Provide responsible public entities and private
17    entities with:
18            (A) clarity on the intake process, evaluation, and
19        procedural aspects of unsolicited proposals; and
20            (B) a process that is short and stable resulting
21        in a competitive market and lower costs.
22        (8) Develop a steady flow of P3 projects to benefit
23    both private entities and responsible public entities.
24        (9) Establish transparency and accountability
25    guidelines for P3 projects and unsolicited proposals.
26        (10) Support the use of State design professionals,



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1    construction companies, and workers to the greatest extent
2    possible by offering them the right to compete for this
3    work.
4        (11) Ensure open, equitable, transparent, proactive,
5    and effective communication with the public.
6        (12) Improve upon project development due diligence
7    practices.
8        (13) Support the use of local, minority-owned, and
9    women-owned business enterprises and economically
10    disadvantaged firms to the greatest extent possible.
11        (14) Create jobs and provide training for those jobs
12    for minorities, women, and veterans to the greatest extent
13    possible.
14        (15) Facilitate and encourage the use of pension funds
15    to develop qualifying projects.
16        (16) Leverage private sector expertise and capital in
17    support of efficient, innovative, and timely P3
18    investments.
19        (17) Serve as a catalyst for the development of
20    public-private partnerships and unsolicited proposals in
21    the State.
22        (18) Authorize public-private agreements that
23    distribute the risk optimally between both the private and
24    public-sector partners.
25        (19) Support economic growth, clean air and water, a
26    healthy environment, and stronger communities.



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1    Section 1-20. Construction; authority.
2    (a) The powers conferred by this Act shall be liberally
3construed in order to accomplish their purposes and are in
4addition and supplemental to the powers conferred by any other
5law. If any other law or rule is inconsistent with this Act,
6this Act is controlling as to any public-private agreement and
7financing of any project subject to a public-private agreement
8entered into under this Act.
9    (b) This Act contains full and complete authority for
10responsible public entities to enter into agreements,
11financing, and leases with private entities to carry out the
12activities described in this Act. Except as provided in this
13Act, no procedure, proceeding, publication, notice, consent,
14approval, order, or act by a responsible public entity or any
15other State or local government or official is required to
16enter into an agreement or lease, and no law to the contrary
17affects, limits, or diminishes the authority for agreements
18and leases with private entities.
19    (c) To the extent that this Act permits or requires a
20responsible public entity or a private entity to carry out or
21comply with any law other than this Act under a public-private
22agreement, the action shall be carried out in conformity with
23this Act.
24    (d) Each responsible public entity may exercise any powers
25provided under this Act in participation or cooperation with



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1any governmental entity and enter into any contracts to
2facilitate that participation or cooperation without
3compliance with any other statute. Each responsible public
4entity shall cooperate with each other and with other
5governmental entities in carrying out qualifying projects
6under this Act.
7    (e) A unit of local government may not take any action that
8would have the effect of impairing a public-private agreement
9under this Act, except that this Section shall not diminish
10any existing police power or other power provided by law to a
11unit of local government.
12    (f) Notwithstanding any provision of law to the contrary,
13any public-private agreement entered into under a
14public-private partnership shall include a provision requiring
15any employer on the project to enter into a labor peace
16agreement with any bona fide labor organization representing,
17or attempting to represent, its employees, including employees
18employed in classifications within the craft jurisdiction, or
19in classifications called by different names when performing
20similar duties.
21    Section 1-25. Definitions. As used in this Act:
22    "Affected jurisdiction" means the following:
23        (1) The State and any or all of its departments,
24    divisions, agencies, authorities, or other subdivisions or
25    parts of the State.



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1        (2) Any county, municipality, township, special
2    district, or unit designated as a unit of local government
3    by law in which all or a part of a qualifying project is
4    located.
5        (3) Any other public entity directly affected by the
6    qualifying project.
7    "Authority" means the Illinois State Toll Highway
9    "Bona fide labor organization" means a labor organization
10recognized under the National Labor Relations Act as a bona
11fide labor organization or a labor organization with an
12accredited training program that is recognized by the Illinois
13Community College Board and the Higher Learning Commission.
14    "Commercially confidential meetings" means bilateral
15meetings prior to the execution of a project agreement between
16the responsible public entity and private sector entities
17(along with their respective advisors) to discuss matters such
18as the project agreement and proponent's suggested amendments
19to the project agreement, project design matters, and
20innovation submissions.
21    "Contractor" means a private entity that has entered into
22a public-private agreement with the responsible public entity
23to provide services to or on behalf of the responsible public
25    "Department" means the Department of Transportation.
26    "Design-build agreement" means the agreement between the



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1selected private entity and the responsible public entity
2under which the selected private entity agrees to furnish
3design, construction, and related services for a facility
4under this Act.
5    "Develop" or "development" means to do one or more of the
6following: plan, design, develop, lease, acquire, install,
7construct, reconstruct, rehabilitate, extend, or expand, or
8provide any other service.
9    "Employees employed in classifications within the craft
10jurisdiction" means all maintenance employees, including, but
11not limited to, stationary engineers, building engineers,
12maintenance engineers, maintenance technicians, maintenance
13mechanics, mechanics, operating engineers, operators, domestic
14water operators, wastewater operators, water treatment
15technicians, and other related jobs.
16    "Facility" means:
17        (1) A facility or project that serves a public
18    purpose, including, but not limited to, any new or
19    existing local, county, or state or interstate road,
20    highway, toll highway, bridge, tunnel, or intermodal
21    facility; intercity or high-speed passenger rail; rail
22    project or facility; ferry or mass transit facility;
23    vehicle parking facility; regional or local airport;
24    seaport or waterway facility; intelligent-transport system
25    infrastructure or other transportation technology project
26    such as, but not limited to, transit priority signaling or



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1    fare collection; other transportation facility or
2    infrastructure; any administrative facility
3    broadband-related project or facility; correctional
4    institution or facility; disaster mitigation facility;
5    green-energy-related project or facility; energy-related
6    project or facility; fuel supply facility or oil or gas
7    pipeline; medical or nursing care facility; recreational
8    facility; tourism facility; solid waste management
9    facility or energy-from-waste facility; sporting or
10    cultural facility; educational facility or other building
11    or facility that is used or will be used by a public
12    educational institution; or any other public facility or
13    infrastructure or service that is used or will be used by
14    the public at large or in support of an accepted public
15    purpose or activity.
16        (2) An improvement, including equipment, of a
17    structure that will be principally used by a public entity
18    or the public at large or that supports a service delivery
19    system in the public sector.
20        (3) A sanitation, water, potable water, underground
21    water, wastewater, or surface water facility or other
22    related infrastructure; or in support of an accepted
23    public purpose or activity.
24    "Labor peace agreement" means an agreement between the
25vendor and any bona fide labor organization, that, at a
26minimum, protects the State's proprietary interests by



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1prohibiting labor organizations and members from engaging in
2picketing, work stoppages, boycotts, and any other economic
3interference with the applicant's business. This agreement
4means that the vendor has agreed not to disrupt efforts by the
5bona fide labor organization to communicate with and attempt
6to organize and represent the private entity's employees. The
7agreement shall provide a bona fide labor organization access
8at reasonable times to areas in which the private entity's
9employees work, for the purpose of meeting with employees to
10discuss their right to representation, employment rights under
11State and federal laws, and terms and conditions of
13    "Maintain" or "maintenance" includes ordinary maintenance,
14repair, rehabilitation, capital maintenance, maintenance
15replacement, and any other categories of maintenance that may
16be designated by the responsible public entity.
17    "Operate" or "operation" means to do one or more of the
18following: maintain, improve, equip, modify, or otherwise
20    "Private entity" means any combination of one or more
21individuals, sole proprietorships, private corporations,
22general partnerships, limited liability companies, limited
23partnerships, joint ventures, business trusts, nonprofit
24entities, or other business entities that are nongovernmental
25parties to a proposal for a qualifying project or an agreement
26related to a qualifying project. A public agency may provide



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1services to a contractor as a subcontractor or subconsultant
2without affecting the private status of the private entity and
3the ability to enter into a public-private agreement.
4    "Project development fund" means a fund to assist
5responsible public entities with public-private partnership
6projects and unsolicited proposals. Approval for any
7expenditure from this fund shall be approved by the
8Infrastructure Investment Commission.
9    "Project labor agreement" means a prehire collective
10bargaining agreement with one or more labor organizations that
11establishes the terms and conditions of employment for a
12specific project.
13    "Proposal" means all materials and documents prepared by
14or on behalf of a private entity relating to the proposed
15development, financing, or operation of a facility as a
16qualifying project.
17    "Proposer" means a private entity that has submitted an
18unsolicited proposal for a public-private agreement to a
19responsible public entity under this Act or submitted a
20proposal or statement of qualifications for a public-private
21agreement in response to a request for proposals or a request
22for qualifications for a project or services issued by a
23responsible public entity under this Act.
24    "Public-private agreement" means the public-private
25agreement between the private entity vendor and the
26responsible public entity relating to one or more of the



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1proposed development, financing, or operation of a qualifying
2project that is entered into under this Act.
3    "Public-private partnership" or "P3" means
4performance-based contractual relationships between one or
5more private entities and one or more responsible public
6entities related to one or more qualifying projects.
7    "Qualifying project" or "project" means one or more
8services or projects serving a public purpose, that is owned,
9financed, controlled, or operated by a private entity in whole
10or in part under this Act.
11    "Request for information" means all materials and
12documents prepared by or on behalf of a responsible public
13entity to solicit information from private entities with
14respect to qualifying projects.
15    "Request for proposals" means all materials and documents
16prepared by or on behalf of a responsible public entity to
17solicit proposals from private entities to enter into a
18public-private agreement.
19    "Request for qualifications" means all materials and
20documents prepared by or on behalf of a responsible public
21entity to solicit statements of qualification from private
22entities to enter into a public-private agreement.
23    "Responsible public entity" means the State and any or all
24of its departments, divisions, agencies, authorities, or other
25subdivisions or parts of the State, any county, municipality,
26school district, or special district, any other political



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1subdivision of the State, or any unit of local government; a
2public body corporate and politic; or a regional entity that
3serves a public purpose and is authorized to develop or
4operate a qualifying project. "Responsible public entity" does
5not include economic development or tourism partnerships,
6councils, commissions, or entities.
7    "Revenues" means all revenues, including any combination
8of: income; earnings and interest; user fees; lease payments;
9allocations; federal, State, and local appropriations, grants,
10loans, lines of credit, and credit guarantees; bond proceeds;
11equity investments; service payments; or other receipts,
12arising out of or in connection with a qualifying project,
13including the development, financing, and operation of a
14qualifying project. "Revenues" includes money received as
15grants, loans, lines of credit, credit guarantees, rebate or
16otherwise in aid of a qualifying project from the federal
17government, State, unit of local government, or any agency or
18instrumentality of the federal government, State, or unit of
19local government.
20    "Services" means operations, such as, but not limited to,
21parking, cable, broadband, accounting, human resources, health
22care, data management, and technology.
23    "Shortlist" means the process by which a responsible
24public entity will review, evaluate, and rank statements of
25qualifications submitted in response to a request for
26qualifications and then identify the proposers who are



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1eligible to submit a detailed proposal in response to a
2request for proposals. The identified proposers constitute the
3shortlist for the qualifying project to which the request for
4proposals relates.
5    "Vendor" means a person that has been selected to enter or
6has entered into a public-private partnership agreement with
7the Department on behalf of the State for the financing,
8management, or operation of the public-private partnership
9agreement under this Act.
10    "Unit of local government" has the meaning ascribed to
11that term in Article VII, Section 1 of the Illinois
12Constitution, and also means any unit designated as a
13municipal corporation or school district.
14    "Unsolicited proposal" means a written proposal that is
15submitted to one or more responsible public entities on the
16initiative of the private sector entity or entities for the
17purpose of developing a partnership, and that is not in
18response to a formal or informal request issued by the
19responsible public entity.
20    "User fees" or "tolls" means the rates, tolls, fees, or
21other charges imposed by the contractor for use of all or a
22portion of a qualifying project under a public-private
Article 2. Infrastructure Investment Commission




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1    Section 2-5. Establishment. Pursuant to this Act, the
2Governor shall establish an Infrastructure Investment
3Commission. The Infrastructure Investment Commission shall
4report to and be funded by the Illinois Finance Authority, and
5shall be independent of other agencies and departments of the
7    Section 2-10. Duties of the Commission. The Commission
9        (1) Assist responsible public entities with
10    identifying projects, including opportunities for project
11    aggregation, for which a public-private partnership may be
12    appropriate.
13        (2) Provide technical assistance and expertise to
14    responsible public entities on using public-private
15    partnerships to develop or operate qualifying projects,
16    including analyzing their benefits and costs and the
17    innovative financing options available to support them.
18        (3) Supply template contracts.
19        (4) Track proposed, ongoing, and completed
20    private-public partnerships.
21        (5) Provide technical assistance in applying for
22    federal funding grants or financing (for example, the
23    Transportation Infrastructure Finance and Innovative Act
24    program, the Transportation Infrastructure Finance and
25    Innovative Act program Lite, the Transportation



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1    Infrastructure Finance and Innovative Act program Rural
2    Project Initiative, the Regional Infrastructure
3    Accelerators Program, and the Capital Investment Grants
4    Program).
5        (6) Identify methods of encouraging competition for
6    the development or operation of qualifying projects.
7        (7) Serve as a liaison to State or federal government
8    officials charged with promoting public-private
9    infrastructure partnerships, other State executive
10    directors of infrastructure investment commissions, and
11    regional or metropolitan public-private partnership
12    offices.
13        (8) Conduct public and stakeholder engagement and
14    outreach, including efforts to encourage transparency and
15    information sharing regarding public-private
16    partnerships.
17        (9) Issue regular updates on the future pipeline of P3
18    projects.
19        (10) Promote best practices, including standardized
20    methodologies and processes.
21        (11) Attract private investment to the State.
22        (12) Develop a project development fund to:
23            (A) assist responsible public entities to assess
24        the usefulness of the P3 model and unsolicited
25        proposals for their capital procurement and service
26        needs for specific projects;



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1            (B) assist responsible public entities to manage a
2        P3 procurement project or unsolicited proposal;
3            (C) assist responsible public entities, that are
4        not experienced with P3 procurement or unsolicited
5        proposals;
6            (D) assist responsible public entities that are
7        undertaking new approaches or documenting P3 and
8        unsolicited proposal practices in a way that will
9        assist the Infrastructure Investment Commission and
10        other responsible public entities in future projects;
11            (E) assist with training costs for key staff of a
12        responsible public entity who are integral to the
13        successful development and implementation of a
14        project;
15            (F) assist a public entity with P3 procurement or
16        an unsolicited proposal that may include, but may not
17        be limited to, a market analysis, qualitative
18        assessment report, procurement options analysis,
19        quantitative analysis, risk analysis, implementation
20        strategy, and procurement documents; and
21            (G) assist with the engagement of external and
22        accredited P3 advisors and analysts.
23    Section 2-15. Governance of the Commission.
24    (a) The Commission shall be headed by a Chairperson and a
256-member Board of Directors.



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1    (b) The Board is responsible for the overall governance of
2the Commission and shall adopt a 5-year corporate plan and
3annual report. The Board shall meet at least quarterly to
4review the Commission's overall operation, receive committee
5reports, discuss the Investment Infrastructure Commission's
6performance, and approve expenditures. The Board shall review
7the performance of the Executive Director annually.
8    (c) The Board shall establish committees to support the
9Board as needed, including:
10        (1) an Audit Committee to oversee the Commission's
11    standards of integrity and behavior, oversee the
12    Commission's reporting of financial information and
13    expenditures of the project development fund, oversee the
14    Commission's internal control systems, including the
15    Commission's compliance with all applicable legal and
16    regulatory requirements, review the qualifications,
17    independence and performance of the Commission's external
18    auditors, and oversee the Commission's enterprise risk
19    management plan; and
20        (2) a Budget Committee that shall develop an annual
21    revenue and expenditure plan, submit said plan to the
22    Illinois Finance Authority for approval and funding, and
23    monitor said revenues and expenditures during the course
24    of the budget cycle.
25    Section 2-20. Board appointments.



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



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



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



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1    Section 2-30. Duties of the Executive Director of the
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
18        (1) lists those public-private partnerships that are
19    expected to be soliciting bids within the next fiscal
20    year, are in progress, were completed during the prior
21    fiscal year, or were removed from consideration during the
22    prior fiscal year; and
23        (2) summarizes actions taken by the Commission to
24    fulfill its duties under Section 2-10.
25    (d) The Executive Director shall be responsible to the
26Commission for the proper administration of the affairs of the



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1Commission and policies adopted by the Chairperson and members
2of the Commission.
3    (e) All employees, as are necessary to the proper
4functioning of the Commission, shall be appointed by and
5report to the Executive Director with the consent of the
7    (f) The Executive Director shall hold office for 4 years
8from the date of appointment, but shall be subject to removal
9by the Commission for incompetency, neglect of duty, or
11    (g) The Executive Director shall receive a salary of
12$15,000 per annum, or as set by a Compensation Review Board,
13whichever is greater, payable in monthly installments,
14together with reimbursement for necessary expenses incurred in
15the performance of the duties of the Executive Director. The
16Executive Director shall be eligible for reappointment.
17    Section 2-35. Report on compliance with legislative
18requirements. The Commission shall adhere to the Freedom of
19Information Act and the State Records Act.
Article 3. Qualification and Process

21    Section 3-5. Unsolicited proposals.
22    (a) A responsible public entity may receive unsolicited
23proposals for a project and may thereafter enter into a



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1public-private agreement with a private entity, or a
2consortium of private entities, for the building, upgrading,
3providing of services, operating, ownership, or financing of
5    (b) A responsible public entity may consider, evaluate,
6and accept an unsolicited proposal for a public-private
7partnership project from a private entity if the proposal:
8        (1) is independently developed and drafted by the
9    proposer without responsible public entity supervision;
10        (2) shows that the proposed project could benefit the
11    people served by the responsible public entity;
12        (3) includes a financing plan to allow the project to
13    move forward pursuant to the applicable responsible public
14    entity's budget and finance requirements; and
15        (4) includes sufficient detail and information for the
16    responsible entity to evaluate the proposal in an
17    objective and timely manner and permit a determination
18    that the project would be worthwhile.
19    (c) The unsolicited proposal shall include the following:
20        (1) an executive summary covering the major elements
21    of the proposal;
22        (2) qualifications concerning the experience,
23    expertise, technical competence, and qualifications of the
24    private entity and of each member of its management team
25    and of other key employees, consultants, and
26    subcontractors, including the name, address, and



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



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



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



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



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1    the responsible public entity.
2    (f) After a comprehensive evaluation and acceptance of an
3unsolicited proposal and any alternatives, the responsible
4public entity may commence negotiations with a proposer,
6        (1) the proposal has received a favorable
7    comprehensive evaluation;
8        (2) the proposal is not duplicative of existing
9    infrastructure project or services;
10        (3) the alternative proposal does not closely resemble
11    a pending competitive proposal for a public-private
12    partnership or other procurement;
13        (4) the proposal demonstrates a unique method,
14    approach, or concept;
15        (5) facts and circumstances that preclude or warrant
16    additional competition;
17        (6) the availability of any funds, debts, or assets
18    that the State will contribute to the project;
19        (7) facts and circumstances demonstrating that the
20    project will likely have a significant adverse impact on
21    State bond ratings; and
22        (8) indemnifications included in the proposal.
23    Section 3-10. Competitive procurements; public-private
25    (a) A responsible public entity may solicit proposals for



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1a qualifying project from private entities.
2    (b) After the public notification period has expired the
3responsible public entity shall rank the proposals received in
4terms of "best value". In ranking the proposals, the
5responsible public entity may consider factors that include,
6but are not limited to, public benefit, minority, women and
7veteran participation, professional qualifications, general
8business terms, innovative design techniques or cost-reduction
9terms, and finance plans. The responsible public entity may
10then begin negotiations for a public-private agreement with
11the highest-ranked firm. If the responsible public entity is
12not satisfied with the results of the negotiations, the
13responsible public entity may terminate negotiations with the
14proposer and negotiate with the second-ranked or
15subsequent-ranked firms, in the order consistent with this
16procedure. If only one proposal is received, the responsible
17public entity may negotiate in good faith, and if the
18responsible public entity is not satisfied with the results of
19the negotiations, the responsible public entity may terminate
20negotiations with the proposer.
21    Section 3-15. Additional rights of responsible public
22entity. In addition to any other rights under this Act, in
23connection with any procurement under this Article, the
24responsible public entity may:
25    (1) terminate or modify by:



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1        (A) withdrawing a request for information, request for
2    qualifications, or a request for proposals at any time
3    and, in its discretion, publishing a new request for
4    qualifications or request for proposals;
5        (B) declining to approve a proposal;
6        (C) declining to award a public-private agreement;
7        (D) requesting clarifications to any statement of
8    information, qualifications, or proposal received, to seek
9    one or more revised proposals or one or more best and final
10    offers, or to conduct negotiations with one or more
11    private entities that have submitted proposals; or
12        (E) modifying the terms, provisions, and conditions of
13    a request for qualification, request for proposals,
14    technical specifications, or form of public-private
15    agreement during the pendency of a procurement.
16    (2) Interview proposers.
17    (3) Exercise any other rights available to the responsible
18public entity under this Act, applicable law, and
19administrative rule.
20    Section 3-20. Confidentiality of P3 proposals; disclosure.
21    (a) Except as provided in paragraph (2) of subsection (e)
22of Section 3-5, the responsible public entity may not disclose
23the contents of proposals during discussions or negotiations
24with potential proposers.
25    (b) The responsible public entity may, in its discretion



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1in accordance with the Freedom of Information Act, treat as
2confidential all or some information relating to an
3unsolicited proposal, including, but not limited to,
4discussions or negotiations between the responsible public
5entity and potential proposers.
6    (c) Notwithstanding subsections (a) and (b), and with the
7exception of portions that are confidential under the Freedom
8of Information Act, the terms of the selected offer negotiated
9under this Act shall be available for inspection and copying
10under the Freedom of Information Act after negotiations with
11the proposers have been completed.
12    (d) When disclosing the terms of the selected offer under
13subsection (c), the responsible public entity shall certify
14that the information being disclosed accurately and completely
15represents the terms of the selected offer.
16    (e) The responsible public entity shall disclose the
17contents of all proposals, except the parts of the proposals
18that may be treated as exempt in accordance with the Freedom of
19Information Act, when either:
20        (1) the request for proposal process is withdrawn
21    under Section 3-5; or
22        (2) the public-private agreement has been executed and
23    the closing for each financing transaction required to
24    provide funding to carry out the agreement has been
25    conducted.



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1    Section 3-25. Interim agreement. Before or in connection
2with the negotiation of a public-private agreement, the
3responsible public entity may enter into an interim agreement
4with the private entity proposing the development or operation
5of the qualifying project. An interim agreement is
6discretionary with the parties. An interim agreement may:
7        (1) Authorize the private entity to commence
8    activities for which it may be compensated related to the
9    proposed qualifying project, including, but not limited
10    to, project planning and development, design,
11    environmental analysis and mitigation, survey, other
12    activities concerning any part of the proposed qualifying
13    project, and ascertaining the availability of financing
14    for the proposed facility or facilities.
15        (2) Establish the process and timing of the
16    negotiation of the public-private agreement.
17        (3) Contain such other provisions related to an aspect
18    of the development or operation of a qualifying project
19    that the responsible public entity and the private entity
20    deem appropriate.
21    Section 3-30. Payment of stipulated amount for work
22product of unsuccessful proposer; rights; liability. The
23responsible public entity may pay a stipulated amount to an
24unsuccessful proposer that submits a responsive proposal in
25response to a proposal under this Article, in exchange for the



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1work product contained in that proposal. Upon payment of the
2stipulated amount, and unless agreed otherwise by the parties:
3        (1) the responsible public entity and the unsuccessful
4    proposer jointly own the rights to, and may make use of any
5    work product contained in the proposal, including the
6    technologies, techniques, methods, processes, ideas, and
7    information contained in the proposal, project design, and
8    project financial plan; and
9        (2) the use by an unsuccessful proposer of any part of
10    the work product contained in the proposal is at the sole
11    risk of the unsuccessful proposer and does not confer
12    liability on the responsible public entity.
13    Section 3-35. Project awards.
14    (a) The responsible public entity may perform an
15independent analysis of the proposed public-private
16partnership that demonstrates the cost-effectiveness and
17overall public benefit before the procurement process is
18initiated or before the contract is awarded.
19    (b) The responsible public entity may approve the
20development or operation of a qualifying project, or the
21design or equipping of a qualifying project that is developed
22or operated, if:
23        (1) there is a public need for, or benefit derived
24    from a project of the type that the private entity
25    proposes as the qualifying project;



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1        (2) the estimated cost of the qualifying project is
2    reasonable in relation to similar facilities;
3        (3) the private entity's plans will result in the
4    timely acquisition, design, construction, improvement,
5    renovation, expansion, equipping, maintenance, or
6    operation of the qualifying project; and
7        (4) the proposed project or service is in the public's
8    best interest.
9    (c) The responsible public entity may charge a reasonable
10fee to cover the costs of processing, reviewing, and
11evaluating the request, including, but not limited to,
12reasonable attorney or other professional fees and fees for
13financial and technical advisors or consultants and for other
14necessary advisors or consultants.
15    (d) Upon approval of a qualifying project, the responsible
16public entity shall establish a date for the commencement of
17activities related to the qualifying project. The responsible
18public entity may extend the commencement date.
19    (e) Approval of a qualifying project by the responsible
20public entity is subject to entering into a public-private
21agreement with the private entity.
22    (f) The responsible public entity shall provide
23notification to the public of its intent to commence
24negotiations with a proposer.
25    (g) Before signing a public-private agreement, the
26responsible public entity must consider a reasonable funding,



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1financing and affordability plan considering the project cost,
2revenues by source, available financing, major assumptions,
3internal rate of return on private investments, if
4governmental funds are assumed in order to deliver a
5cost-feasible project, and a total cash-flow analysis
6beginning with the implementation of the project and extending
7for the term of the public-private agreement except no longer
8than the life of the project or 75 years, whichever is earlier.
9    (h) If the responsible public entity chooses to evaluate a
10detailed proposal involving architecture, engineering, or
11landscape architecture, it may require a professional review
12and evaluation of the design and construction proposed to
13ensure material quality standards, interior space use, budget
14estimates, design and construction schedules, and sustainable
15design and construction standards.
16    (i) Each facility project awarded by a responsible public
17entity shall:
18        (1) ensure that provision is made for the private
19    entity's performance and payment of subcontractors,
20    including, but not limited to, surety bonds, letters of
21    credit, parent company guarantees, and lender and equity
22    partner guarantees. Components of the qualifying project
23    that involve construction performance and payment bonds
24    are subject to the recordation, notice, suit limitation,
25    and other requirements of the Public Construction Bond
26    Act;



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1        (2) ensure the performance and payment of
2    subcontractors;
3        (3) ensure that the public-private agreement addresses
4    termination upon a material default of the public-private
5    agreement; and
6        (4) be performed pursuant to the requirements of the
7    Illinois Prevailing Wage Act.
Article 4. Formation of an Agreement

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



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1    Section 4-10. Powers of contractor; user fees. A
2contractor has:
3        (1) all powers allowed by law generally to a private
4    entity having the same form of organization as the
5    contractor; and
6        (2) the power to develop, own, control, finance, and
7    operate the qualifying project, and to impose and collect
8    user fees, subject to the terms of the public-private
9    agreement. No tolls or user fees may be imposed by the
10    contractor except as set forth in a public-private
11    agreement.
12    Section 4-15. Powers of contractor; property interests.
13The contractor may own, lease, or acquire any property
14interest or other right to develop, finance, or operate the
15qualifying project, as long as the qualifying project retains
16a public purpose.
17    Section 4-20. Powers of contractor; user classifications
18and enforcement of rules. In operating the qualifying project,
19the contractor may do the following:
20        (1) Make user classifications as permitted in the
21    public-private agreement.
22        (2) As permitted in the public-private agreement or
23    otherwise with the consent of the responsible public
24    entity, make and enforce reasonable rules to the same



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1    extent that the responsible public entity may make and
2    enforce rules with respect to a similar project.
Article 5. Public-Private Agreements

4    Section 5-5. Provisions of agreement.
5    (a) Before beginning the development, financing,
6operation, or any combination of the development, financing,
7or operation of a qualifying project under this Act, the
8contractor must enter into a public-private agreement with the
9responsible public entity. Subject to the other provisions of
10this Act, the responsible public entity and a private entity
11may enter into a public-private agreement with respect to a
12qualifying project. Subject to the requirements of this Act, a
13public-private agreement may provide that the private entity,
14acting on behalf of the responsible public entity, is
15partially or entirely responsible for any combination of
16developing, financing, or operating the qualifying project.
17    (b) The public-private agreement must be in writing and
18may, as determined appropriate by the responsible public
19entity for the particular qualifying project, provide for some
20or all of the following:
21        (1) Development, planning, design, construction,
22    maintenance, repair, rehabilitation, expansion, providing
23    or services, financing, and operation of the qualifying
24    project under terms set forth in the public-private



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1    agreement, in any form as deemed appropriate by the
2    responsible public entity, including, but not limited to,
3    a long-term concession or lease, or an agent to build,
4    finance, own, operate or maintain or any one or
5    combination of the same, as applicable and serving a
6    public purpose, a design-bid-build agreement, design-build
7    agreement, design-build-maintain agreement,
8    design-build-finance agreement,
9    design-build-operate-maintain agreement, and
10    design-build-finance-operate-maintain agreement.
11        (2) Delivery of performance and payment bonds or other
12    performance security determined suitable by the
13    responsible public entity, including letters of credit,
14    United States bonds and notes, parent guaranties, and cash
15    collateral, in connection with the development, financing,
16    or operation of the qualifying project, in the forms and
17    amounts set forth in the public-private agreement or
18    otherwise determined as satisfactory by the responsible
19    public entity to protect the responsible public entity and
20    payment bond beneficiaries who have a direct contractual
21    relationship with the contractor or a subcontractor of the
22    contractor to supply labor or material. The payment or
23    performance bond or alternative form of performance
24    security is not required for the portion of a
25    public-private agreement that includes only design,
26    planning, or financing services, the performance of



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1    preliminary studies, or the acquisition of real property.
2        (3) Review of plans for any development or operation,
3    or both, of the qualifying project by the responsible
4    public entity.
5        (4) Inspection of any construction of or improvements
6    to the qualifying project by the responsible public entity
7    or another entity designated by the responsible public
8    entity or under the public-private agreement to ensure
9    that the construction or improvements conform to the
10    standards set forth in the public-private agreement or are
11    otherwise acceptable to the responsible public entity.
12        (5) Maintenance of:
13            (A) one or more policies of public liability
14        insurance (copies of which shall be filed with the
15        responsible public entity accompanied by proofs of
16        coverage); or
17            (B) self-insurance each in the form and amount as
18        set forth by the public-private agreement or otherwise
19        satisfactory to the responsible public entity as
20        reasonably sufficient to insure coverage of tort
21        liability to the public and employees and to enable
22        the continued operation of the qualifying project.
23        (6) Where operations are included within the
24    contractor's obligations under the public-private
25    agreement, monitoring of the maintenance practices of the
26    contractor by the responsible public entity or another



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1    entity designated by the responsible public entity or
2    under the public-private agreement and the taking of the
3    actions the responsible public entity finds appropriate to
4    ensure that the qualifying project is properly maintained.
5        (7) Reimbursement to be paid to the responsible public
6    entity as set forth in the public-private agreement for
7    services provided by the responsible public entity.
8        (8) Filing of appropriate financial statements and
9    reports as set forth in the public-private agreement or as
10    otherwise in a form acceptable to the responsible public
11    entity on a periodic basis.
12        (9) Compensation or payments to the contractor.
13    Compensation or payments may include any or a combination
14    of the following:
15            (A) A base fee and additional fee for project
16        savings as the design-builder of a construction
17        project.
18            (B) A development fee, payable on a lump sum
19        basis, progress payment basis, project milestone
20        basis, time and materials basis, or any other basis
21        considered appropriate by the responsible public
22        entity.
23            (C) An operations fee, payable on a lump sum
24        basis, time and material basis, periodic basis, or any
25        other basis considered appropriate by the responsible
26        public entity.



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1            (D) Some or all of the revenues, if any, arising
2        out of operation of the qualifying project.
3            (E) A maximum rate of return on investment or
4        return on equity or a combination of the 2.
5            (F) In-kind services, materials, property,
6        equipment, or other items.
7            (G) Compensation in the event of any termination.
8            (H) Availability payments or similar arrangements
9        whereby payments are made to the contractor pursuant
10        to the terms set forth in the public-private
11        agreements or related agreements.
12            (I) Other compensation set forth in the
13        public-private agreement or otherwise considered
14        appropriate by the responsible public entity.
15        (10) Compensation or payments to the responsible
16    public entity, if any. Compensation or payments to the
17    responsible public entity may include any one or
18    combination of the following:
19            (A) A concession or lease payment or other fee,
20        which may be payable upfront or on a periodic basis or
21        on another basis deemed appropriate by the responsible
22        public entity.
23            (B) Sharing of revenues, if any, from the
24        operation of the qualifying project.
25            (C) Sharing of project savings from the
26        construction or services of the qualifying project.



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1            (D) Payment for any services, materials,
2        equipment, personnel, or other items provided by the
3        responsible public entity to the contractor under the
4        public-private agreement or in connection with the
5        qualifying project.
6            (E) Other compensation set forth in the
7        public-private agreement or otherwise considered
8        appropriate by the parties.
9        (11) The date and terms of termination of the
10    contractor's authority and duties under the public-private
11    agreement and the circumstances under which the
12    contractor's authority and duties may be terminated before
13    that date.
14        (12) The term of a public-private agreement, including
15    all extensions, may not exceed 75 years.
16        (13) Upon termination of the public-private agreement,
17    the authority of the contractor under this Act ceases,
18    except for those duties and obligations that extend beyond
19    the termination, as set forth in the public-private
20    agreement, and all interests in the qualifying project
21    shall revert to the responsible public entity.
22        (14) Rights and remedies of the responsible public
23    entity if the contractor defaults or otherwise fails to
24    comply with the terms of the public-private agreement.
25        (15) Procedures for the selection of professional
26    design firms and subcontractors, which shall include



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1    procedures consistent with the Architectural, Engineering,
2    and Land Surveying Qualifications Based Selection Act for
3    the selection of professional design firms and may
4    include, in the discretion of the responsible public
5    entity, procedures consistent with the low bid procurement
6    procedures outlined in the Illinois Procurement Code for
7    the selection of construction companies.
8        (16) Other terms, conditions, and provisions that the
9    responsible public entity finds are in the public's
10    interest.
11    (c) Any public-private agreement entered into under a
12public-private partnership between a vendor and a responsible
13public entity pertaining to the building, altering, repairing,
14maintaining, improving, or demolishing of a facility shall
15require any contractor and all subcontractors to comply with
16the requirements of Section 30-22 of the Illinois Procurement
17Code as they apply to the responsible bidders and to present
18satisfactory evidence of that compliance to the responsible
19public agency, unless the project is federally funded and the
20application of those requirements would jeopardize the receipt
21or use of federal funds in support of the project.
22    (d) A public-private agreement project shall require the
23contractor and all subcontractors to enter into a project
24labor agreement utilized by the Department of Labor and
25evidence that the contractor or subcontractor has entered into
26a fully executed project labor agreement with the applicable



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1local building trades council. The responsible public agency
2shall not approve any pending agreement or proposal until the
3contractor or subcontractor has submitted this information.
4    (e) Notwithstanding any provision of law to the contrary,
5any public-private agreement entered into under a
6public-private partnership between a vendor and a responsible
7public entity shall include a provision requiring the selected
8vendor to enter into a labor peace agreement with any bona fide
9labor organization, including any bona fide labor organization
10that represents or is attempting to represent any of its
11employees necessary for the ongoing maintenance and operation
12of such agreement. The labor peace agreement shall be an
13ongoing material condition of authorization to maintain and
14operate such public-private agreements.
15    Section 5-10. Additional requirements.
16    (a) The responsible public entity may fix the amounts of
17user fees that a contractor may charge and collect for the use
18of any part of a qualifying project in accordance with the
19public-private agreement. In fixing the amounts, the
20responsible public entity may establish amounts for the user
21fees and may provide that any increases or decreases of those
22fees shall be based upon the indices, methodologies, or other
23factors the responsible public entity considers appropriate.
24    (b) A public-private agreement may:
25        (1) authorize the imposition of tolls;



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1        (2) authorize the contractor to adjust the user fees
2    for the use of the qualifying project, so long as the
3    amounts charged and collected by the contractor do not
4    exceed amounts established by the responsible public
5    entity under the public-private agreement;
6        (3) provide that any adjustment by the contractor
7    permitted under paragraph (2) may be based on the indices,
8    methodologies, or other factors described in the
9    public-private agreement;
10        (4) authorize the contractor to charge and collect
11    user fees through methods, including, but not limited to,
12    automatic vehicle identification systems, electronic toll
13    collection systems, and, to the extent permitted by law,
14    global positioning system-based, photo-based, or
15    video-based toll collection enforcement, if, to the
16    maximum extent feasible, the contractor will (i) use open
17    road tolling methods that allow payment of tolls at
18    highway speeds and (ii) comply with United States
19    Department of Transportation requirements and best
20    practices with respect to tolling methods; and
21        (5) authorize the collection of user fees by a third
22    party.
23    Section 5-15. Loans for qualifying project. In the
24public-private agreement, the responsible public entity may
25agree to make loans for the development or operation, or both,



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1of the qualifying project from time to time from amounts
2received from the federal government or any agency or
3instrumentality of the federal government or from any State or
4local agency. No loan shall extend beyond the life of the
5qualifying project as the parties determine.
6    Section 5-20. Terms and conditions in agreement. The
7public-private agreement must incorporate the duties of the
8contractor under this Act and may contain the other terms and
9conditions that the responsible public entity determines serve
10the public purpose of this Act. The public-private agreement
11may contain provisions under which the responsible public
12entity agrees to provide notice of default and cure rights for
13the benefit of the contractor and the persons or entities
14described in the public-private agreement that are providing
15financing for the qualifying project. The public-private
16agreement may contain any other lawful term or condition to
17which the contractor and the responsible public entity
18mutually agree, including provisions regarding change orders,
19dispute resolution, required upgrades to the qualifying
20project, tolling policies, changes and modifications to the
21qualifying project, unavoidable delays, or provisions for a
22loan or grant of public funds for the development or
23operation, or both, of one or more qualifying projects.
24    Section 5-25. Responsible public entity takeover of



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1qualifying project after termination or expiration.
2    (a) Upon the termination or expiration of the
3public-private agreement, including a termination for default,
4the responsible public entity shall have the right to take
5over the qualifying project and to succeed to all of the right,
6title, and interest in the qualifying project and all real
7property acquired as a part of the project shall be held in the
8name of the responsible public entity.
9    (b) If a responsible public entity elects to take over a
10qualifying project as provided in subsection (a), the
11responsible public entity may do the following:
12        (1) develop, finance, or operate the project,
13    including through a public-private agreement entered in
14    accordance with this Act; and
15        (2) impose, collect, retain, and use user fees, if
16    any, for the project.
17    (c) If a responsible public entity elects to take over a
18qualifying project as provided in subsection (a), the
19responsible public entity may use the revenues, if any, for
20any lawful purpose, including to:
21        (1) make payments to individuals or entities in
22    connection with any financing of the qualifying project,
23    including through a public-private agreement entered into
24    in accordance with this Act;
25        (2) permit a contractor to receive some or all of the
26    revenues under a public-private agreement entered into



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1    under this Act;
2        (3) pay development costs of the project;
3        (4) pay current operation costs of the project or
4    facilities;
5        (5) pay the contractor for any compensation or payment
6    owed upon termination; and
7        (6) pay for the development, financing, or operation
8    of any other project or projects the responsible public
9    entity deems appropriate.
10    (d) The full faith and credit of the State or any political
11subdivision of the State or the responsible public entity is
12not pledged to secure any financing of the contractor by the
13election to take over the qualifying project. Assumption of
14development or operation, or both, of the qualifying project
15does not obligate the State or any political subdivision of
16the State or the responsible public entity to pay any
17obligation of the contractor.
18    Section 5-30. Changes added by written amendment. Any
19changes in the terms of the public-private agreement agreed to
20by the parties shall be added to the public-private agreement
21by written amendment.
22    Section 5-35. Agreements with multiple private entities.
23Notwithstanding any other provision of this Act, the
24responsible public entity may enter into a public-private



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1agreement with multiple private entities if the responsible
2public entity determines in writing that it is in the public
3interest to do so.
4    Section 5-40. Agreement provisions for qualifying project.
5The public-private agreement may provide for all or part of
6the development, financing, or operation of phases or segments
7of the qualifying project.
Article 6. Development and Operations Standards for Projects

9    Section 6-5. Standards of compliance for plans and
10specifications. The plans and specifications, if any, for each
11project developed under this Act must comply with:
12        (1) the responsible public entity's standards for
13    other projects of a similar nature or as otherwise
14    provided in the public-private agreement;
15        (2) the Professional Engineering Practice Act of 1989,
16    the Structural Engineering Practice Act of 1989, the
17    Illinois Architecture Practice Act of 1989, Section 30-22
18    of the Illinois Procurement Code as applicable as it
19    applies to responsible bidders, and the Illinois
20    Professional Land Surveyor Act of 1989; and
21        (3) any other applicable State or federal standards.
22    Section 6-10. Highway projects under Act considered part



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1of State highway system. Each highway project constructed or
2operated under this Act is considered to be part of:
3        (1) the State highway system for purposes of
4    identification, maintenance standards, and enforcement of
5    traffic laws if the highway project is under the
6    jurisdiction of the Department;
7        (2) the toll highway system for purposes of
8    identification, maintenance standards, and enforcement of
9    traffic laws if the highway project is under the
10    jurisdiction of the Authority; or
11        (3) a country or municipal road system for purposes of
12    identification, maintenance standards, and enforcement of
13    traffic laws if the highway or road project is under the
14    jurisdiction of a county or municipality.
15    Section 6-15. Service agreements. Any unit of local
16government or State agency may enter into agreements with the
17contractor for maintenance or other services under this Act.
18    Section 6-20. Cooperation with federal and local agencies.
19The responsible public entity shall seek the cooperation of
20federal and local agencies to expedite all necessary federal
21and local permits, licenses, and approvals necessary for
22projects under this Act.
Article 7. Taxation of Contractors




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1    Section 7-5. Exemptions from property taxes. A project
2under this Act and tangible personal property used exclusively
3in connection with a project that are:
4        (1) owned by the responsible public entity and leased,
5    licensed, financed, or otherwise conveyed to a contractor;
6    or
7        (2) acquired, constructed, or otherwise provided by a
8    contractor on behalf of the responsible public entity.
9    Under the terms of a public-private agreement are
10considered to be public property devoted to an essential
11public and governmental function and purpose. The property,
12and a contractor's leasehold estate or interests in the
13property, are exempt from all ad valorem property taxes and
14special assessments levied against property by the State or
15any political subdivision of the State.
16    Section 7-10. Exemptions from retail and use taxes. A
17contractor or any other person purchasing tangible personal
18property for incorporation into or improvement of a structure
19or facility constituting or becoming part of the land included
20in a project is entitled to the exemption from retail tax and
21use tax provided under the Retailers' Occupation Tax Act and
22Use Tax Act, respectively, with respect to that tangible
23personal property.



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1    Section 7-15. Taxation of income. Income received by a
2contractor under the terms of a public-private agreement is
3subject to taxation in the same manner as income received by
4other private entities.
Article 8. Financial Arrangements

6    Section 8-5. Actions to obtain credit assistance. The
7responsible public entity may do any combination of applying
8for, executing, or endorsing applications submitted by private
9entities to obtain federal, State, or local credit assistance
10for qualifying projects developed, financed, or operated under
11this Act, including loans, lines of credit, and guarantees.
12    Section 8-10. Actions to obtain assistance. The
13responsible public entity may take any action to obtain
14federal, State, or local assistance for a qualifying project
15that serves the public purpose of this Act and may enter into
16any contracts required to receive the federal assistance. The
17responsible public entity may determine that it serves the
18public purpose of this Act for all or any portion of the costs
19of a qualifying project to be paid, directly or indirectly,
20from the proceeds of a grant or loan, line of credit, or loan
21guarantee made by a local, State, or federal government or any
22agency or instrumentality of a local, State, or federal
23government. Such assistance may include, but not be limited



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1to, federal credit assistance pursuant to the Transportation
2Infrastructure Finance and Innovation Act and the Water
3Infrastructure and Finance and Innovation Act.
4    Section 8-15. Grants or loans from amounts received from
5governments. The responsible public entity may agree to make
6grants or loans for the development, financing, or operation
7of a qualifying project from time to time, from amounts
8received from the federal, State, or local government or any
9agency or instrumentality of the federal, State, or local
11    Section 8-20. Terms and conditions of financing. Any
12financing of a qualifying project may be in the amounts for the
13term, and upon other terms and conditions that are determined
14by the parties to the public-private agreement and the
15financing shall not exceed the life of the qualifying project,
16not to exceed 75 years.
17    Section 8-25. General powers for the purpose of financing.
18For the purpose of financing a qualifying project, the
19contractor and the responsible public entity may do the
21        (1) Propose to use any and all of the revenues
22    generated by a qualifying project to pay principal,
23    interest, costs of operation and maintenance of a



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1    qualifying project.
2        (2) Enter into grant agreements.
3        (3) Access any other funds for design, construction,
4    operation or maintenance of a qualifying project available
5    to the responsible public entity or private entity,
6    including public or private pension funds.
7        (4) Accept grants from the responsible public entity
8    or other public or private agency or entity.
9        (5) Enter into a lease with a private entity for a
10    qualifying project and may lease a qualifying project to a
11    contractor under a public-private agreement.
12        (6) Pay lease rentals for leases that the responsible
13    public entity has entered into under this Act that secure
14    bonds or debts issued or approved under this Article from
15    any legally available revenues, including:
16            (A) payments received from a contractor;
17            (B) federal highway revenues;
18            (C) distributions from the State highway fund; and
19            (D) other funds available to the responsible
20        public entity for such purpose.
21    Section 8-30. Debt.
22    (a) For the purpose of financing a qualifying project, the
23responsible public entity may by resolution borrow money and
24enter into agreements, leases, contracts or subleases with a
25private entity, and do the following:



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1        (1) Issue, sell, and refund bonds, notes of the
2    responsible public entity, debt, or other debt
3    obligations.
4        (2) Enter into loan agreements or other credit
5    facilities.
6        (3) Secure any financing with a pledge of revenues,
7    security interest in, or lien on all or part of a property
8    subject to the agreement, including all of the party's
9    property interests in the qualifying project.
10    (b) Any term of such debt shall not exceed the earlier of
11the term of the public-private agreement, the life of the
12qualifying project or 75 years.
13    (c) The bonds, notes, and other forms of debt issued under
14this Article:
15        (1) constitute the corporate obligations of the
16    responsible public entity;
17        (2) do not constitute an indebtedness of the State
18    within the meaning or application of any constitutional
19    provision or limitation; and
20        (3) are payable solely as to both principal and
21    interest and other associated fees from:
22            (A) the revenues from a lease to the responsible
23        public entity, if any;
24            (B) proceeds of bonds or notes, if any;
25            (C) investment earnings on proceeds of bonds or
26        notes; or



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1            (D) other funds available to the responsible
2        public entity for such purpose.
3    Section 8-35. Use of public funds for financing. For the
4purpose of financing a qualifying project, public funds,
5including public or private pension funds, may be used and
6aggregated with funds provided by or on behalf of the
7contractor or other private entities. The use of public funds
8to finance all or a portion of qualifying projects authorized
9under this Article 8 constitutes authorized investments as
10provided in Section 2 of the Public Funds Investment Act.
11    Section 8-40. Private activity bonds for purpose of
12financing. For the purpose of financing a qualifying project,
13a responsible public entity is authorized to do any
14combination of applying for, executing, or endorsing
15applications for an allocation of tax-exempt bond financing
16authorization provided by the United States Internal Revenue
17Code, as well as financing available under any other federal
18law or program.
19    Section 8-45. Debt limitations. Any bonds, debt, or other
20securities or other financing issued by or on behalf of a
21contractor for the purposes of a project undertaken under this
22Act shall not be deemed to constitute a debt of the responsible
23public entity, the State, or any political subdivision of the



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1State or a pledge of the faith and credit of the responsible
2public entity, the State, or any political subdivision of the
3State, for purposes of debt limitation.
Article 9. Acquisition of Property

5    Section 9-5. General. The responsible public entity may
6exercise any power of condemnation or eminent domain,
7including quick-take powers, that it has under law, for the
8purpose of acquiring any lands or estates or interests in land
9for a qualifying project to the extent provided in the
10public-private agreement or otherwise to the extent that the
11responsible public entity finds that the action serves the
12public purpose of this Act and deems it appropriate in the
13exercise of its powers under this Act.
14    Section 9-10. Entering into grants of property interests.
15The responsible public entity and a private entity may enter
16into the leases, licenses, easements, and other grants of
17property that the responsible public entity determines
18necessary to carry out this Act.
Article 10. Law Enforcement

20    Section 10-5. Powers and jurisdiction within limits of
21qualifying project.



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1    (a) All law enforcement officers of the State and of each
2affected jurisdiction have the same powers and jurisdiction
3within the limits of the qualifying project as they have in
4their respective areas of jurisdiction.
5    (b) Law enforcement officers shall have access to the
6qualifying project at any time for the purpose of exercising
7the law enforcement officers' powers and jurisdiction.
8    Section 10-10. Application of traffic and motor vehicle
9laws; punishment for infractions.
10    (a) The traffic and motor vehicle laws of the State or, if
11applicable, any local jurisdiction shall be the same as those
12applying to conduct on similar projects in the State or the
13local jurisdiction.
14    (b) Punishment for infractions and offenses shall be as
15prescribed by law for conduct occurring on similar projects in
16the State or the local jurisdiction.
17    Section 10-15. Law enforcement assistance.
18    (a) Each responsible public entity may enter into an
19agreement between and among the private entity, the
20responsible public entity, and the Illinois State Police or
21other appropriate policing authority where the project is
22located concerning the provision of law enforcement assistance
23with respect to a qualifying project that is the subject of a
24public-private agreement under this Act.



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1    (b) Each responsible public entity is authorized to enter
2into arrangements with the appropriate policing unit related
3to costs incurred in providing law enforcement assistance
4under this Act.
Article 11. Additional Powers of Responsible Public Entity
with Respect to Qualifying Projects

7    Section 11-5. Contracts and agreements necessary to
8performance of duties and execution of powers. Each
9responsible public entity may make and enter into all
10contracts and agreements necessary or incidental to the
11performance of the responsible public entity's duties and the
12execution of the responsible public entity's powers under this
13Act. Except as otherwise required by law, these contracts or
14agreements are not subject to any appropriation or approvals
15other than the approval of the responsible public entity and
16may be for any term of years and contain any terms that are
17considered reasonable by the responsible public entity.
18    Section 11-10. Payment of costs. A responsible public
19entity may pay the costs incurred under a public-private
20agreement entered into under this Act from any funds available
21to the responsible public entity under this Act or any other



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1    Section 11-15. Action that would impair agreement
2prohibited. A responsible public entity or other State or
3local government may not take any action that would impair a
4public-private agreement entered into under this Act.
Article 12. Amendatory Provisions

6    Section 12-5. The Freedom of Information Act is amended by
7changing Section 7.5 as follows:
8    (5 ILCS 140/7.5)
9    Sec. 7.5. Statutory exemptions. To the extent provided for
10by the statutes referenced below, the following shall be
11exempt from inspection and copying:
12        (a) All information determined to be confidential
13    under Section 4002 of the Technology Advancement and
14    Development Act.
15        (b) Library circulation and order records identifying
16    library users with specific materials under the Library
17    Records Confidentiality Act.
18        (c) Applications, related documents, and medical
19    records received by the Experimental Organ Transplantation
20    Procedures Board and any and all documents or other
21    records prepared by the Experimental Organ Transplantation
22    Procedures Board or its staff relating to applications it
23    has received.



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1        (d) Information and records held by the Department of
2    Public Health and its authorized representatives relating
3    to known or suspected cases of sexually transmissible
4    disease or any information the disclosure of which is
5    restricted under the Illinois Sexually Transmissible
6    Disease Control Act.
7        (e) Information the disclosure of which is exempted
8    under Section 30 of the Radon Industry Licensing Act.
9        (f) Firm performance evaluations under Section 55 of
10    the Architectural, Engineering, and Land Surveying
11    Qualifications Based Selection Act.
12        (g) Information the disclosure of which is restricted
13    and exempted under Section 50 of the Illinois Prepaid
14    Tuition Act.
15        (h) Information the disclosure of which is exempted
16    under the State Officials and Employees Ethics Act, and
17    records of any lawfully created State or local inspector
18    general's office that would be exempt if created or
19    obtained by an Executive Inspector General's office under
20    that Act.
21        (i) Information contained in a local emergency energy
22    plan submitted to a municipality in accordance with a
23    local emergency energy plan ordinance that is adopted
24    under Section 11-21.5-5 of the Illinois Municipal Code.
25        (j) Information and data concerning the distribution
26    of surcharge moneys collected and remitted by carriers



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1    under the Emergency Telephone System Act.
2        (k) Law enforcement officer identification information
3    or driver identification information compiled by a law
4    enforcement agency or the Department of Transportation
5    under Section 11-212 of the Illinois Vehicle Code.
6        (l) Records and information provided to a residential
7    health care facility resident sexual assault and death
8    review team or the Executive Council under the Abuse
9    Prevention Review Team Act.
10        (m) Information provided to the predatory lending
11    database created pursuant to Article 3 of the Residential
12    Real Property Disclosure Act, except to the extent
13    authorized under that Article.
14        (n) Defense budgets and petitions for certification of
15    compensation and expenses for court appointed trial
16    counsel as provided under Sections 10 and 15 of the
17    Capital Crimes Litigation Act. This subsection (n) shall
18    apply until the conclusion of the trial of the case, even
19    if the prosecution chooses not to pursue the death penalty
20    prior to trial or sentencing.
21        (o) Information that is prohibited from being
22    disclosed under Section 4 of the Illinois Health and
23    Hazardous Substances Registry Act.
24        (p) Security portions of system safety program plans,
25    investigation reports, surveys, schedules, lists, data, or
26    information compiled, collected, or prepared by or for the



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1    Department of Transportation under Sections 2705-300 and
2    2705-616 of the Department of Transportation Law of the
3    Civil Administrative Code of Illinois, the Regional
4    Transportation Authority under Section 2.11 of the
5    Regional Transportation Authority Act, or the St. Clair
6    County Transit District under the Bi-State Transit Safety
7    Act.
8        (q) Information prohibited from being disclosed by the
9    Personnel Record Review Act.
10        (r) Information prohibited from being disclosed by the
11    Illinois School Student Records Act.
12        (s) Information the disclosure of which is restricted
13    under Section 5-108 of the Public Utilities Act.
14        (t) All identified or deidentified health information
15    in the form of health data or medical records contained
16    in, stored in, submitted to, transferred by, or released
17    from the Illinois Health Information Exchange, and
18    identified or deidentified health information in the form
19    of health data and medical records of the Illinois Health
20    Information Exchange in the possession of the Illinois
21    Health Information Exchange Office due to its
22    administration of the Illinois Health Information
23    Exchange. The terms "identified" and "deidentified" shall
24    be given the same meaning as in the Health Insurance
25    Portability and Accountability Act of 1996, Public Law
26    104-191, or any subsequent amendments thereto, and any



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1    regulations promulgated thereunder.
2        (u) Records and information provided to an independent
3    team of experts under the Developmental Disability and
4    Mental Health Safety Act (also known as Brian's Law).
5        (v) Names and information of people who have applied
6    for or received Firearm Owner's Identification Cards under
7    the Firearm Owners Identification Card Act or applied for
8    or received a concealed carry license under the Firearm
9    Concealed Carry Act, unless otherwise authorized by the
10    Firearm Concealed Carry Act; and databases under the
11    Firearm Concealed Carry Act, records of the Concealed
12    Carry Licensing Review Board under the Firearm Concealed
13    Carry Act, and law enforcement agency objections under the
14    Firearm Concealed Carry Act.
15        (v-5) Records of the Firearm Owner's Identification
16    Card Review Board that are exempted from disclosure under
17    Section 10 of the Firearm Owners Identification Card Act.
18        (w) Personally identifiable information which is
19    exempted from disclosure under subsection (g) of Section
20    19.1 of the Toll Highway Act.
21        (x) Information which is exempted from disclosure
22    under Section 5-1014.3 of the Counties Code or Section
23    8-11-21 of the Illinois Municipal Code.
24        (y) Confidential information under the Adult
25    Protective Services Act and its predecessor enabling
26    statute, the Elder Abuse and Neglect Act, including



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1    information about the identity and administrative finding
2    against any caregiver of a verified and substantiated
3    decision of abuse, neglect, or financial exploitation of
4    an eligible adult maintained in the Registry established
5    under Section 7.5 of the Adult Protective Services Act.
6        (z) Records and information provided to a fatality
7    review team or the Illinois Fatality Review Team Advisory
8    Council under Section 15 of the Adult Protective Services
9    Act.
10        (aa) Information which is exempted from disclosure
11    under Section 2.37 of the Wildlife Code.
12        (bb) Information which is or was prohibited from
13    disclosure by the Juvenile Court Act of 1987.
14        (cc) Recordings made under the Law Enforcement
15    Officer-Worn Body Camera Act, except to the extent
16    authorized under that Act.
17        (dd) Information that is prohibited from being
18    disclosed under Section 45 of the Condominium and Common
19    Interest Community Ombudsperson Act.
20        (ee) Information that is exempted from disclosure
21    under Section 30.1 of the Pharmacy Practice Act.
22        (ff) Information that is exempted from disclosure
23    under the Revised Uniform Unclaimed Property Act.
24        (gg) Information that is prohibited from being
25    disclosed under Section 7-603.5 of the Illinois Vehicle
26    Code.



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1        (hh) Records that are exempt from disclosure under
2    Section 1A-16.7 of the Election Code.
3        (ii) Information which is exempted from disclosure
4    under Section 2505-800 of the Department of Revenue Law of
5    the Civil Administrative Code of Illinois.
6        (jj) Information and reports that are required to be
7    submitted to the Department of Labor by registering day
8    and temporary labor service agencies but are exempt from
9    disclosure under subsection (a-1) of Section 45 of the Day
10    and Temporary Labor Services Act.
11        (kk) Information prohibited from disclosure under the
12    Seizure and Forfeiture Reporting Act.
13        (ll) Information the disclosure of which is restricted
14    and exempted under Section 5-30.8 of the Illinois Public
15    Aid Code.
16        (mm) Records that are exempt from disclosure under
17    Section 4.2 of the Crime Victims Compensation Act.
18        (nn) Information that is exempt from disclosure under
19    Section 70 of the Higher Education Student Assistance Act.
20        (oo) Communications, notes, records, and reports
21    arising out of a peer support counseling session
22    prohibited from disclosure under the First Responders
23    Suicide Prevention Act.
24        (pp) Names and all identifying information relating to
25    an employee of an emergency services provider or law
26    enforcement agency under the First Responders Suicide



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1    Prevention Act.
2        (qq) Information and records held by the Department of
3    Public Health and its authorized representatives collected
4    under the Reproductive Health Act.
5        (rr) Information that is exempt from disclosure under
6    the Cannabis Regulation and Tax Act.
7        (ss) Data reported by an employer to the Department of
8    Human Rights pursuant to Section 2-108 of the Illinois
9    Human Rights Act.
10        (tt) Recordings made under the Children's Advocacy
11    Center Act, except to the extent authorized under that
12    Act.
13        (uu) Information that is exempt from disclosure under
14    Section 50 of the Sexual Assault Evidence Submission Act.
15        (vv) Information that is exempt from disclosure under
16    subsections (f) and (j) of Section 5-36 of the Illinois
17    Public Aid Code.
18        (ww) Information that is exempt from disclosure under
19    Section 16.8 of the State Treasurer Act.
20        (xx) Information that is exempt from disclosure or
21    information that shall not be made public under the
22    Illinois Insurance Code.
23        (yy) Information prohibited from being disclosed under
24    the Illinois Educational Labor Relations Act.
25        (zz) Information prohibited from being disclosed under
26    the Illinois Public Labor Relations Act.



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1        (aaa) Information prohibited from being disclosed
2    under Section 1-167 of the Illinois Pension Code.
3        (bbb) Information that is prohibited from disclosure
4    by the Illinois Police Training Act and the Illinois State
5    Police Act.
6        (ccc) Records exempt from disclosure under Section
7    2605-304 of the Illinois State Police Law of the Civil
8    Administrative Code of Illinois.
9        (ddd) Information prohibited from being disclosed
10    under Section 35 of the Address Confidentiality for
11    Victims of Domestic Violence, Sexual Assault, Human
12    Trafficking, or Stalking Act.
13        (eee) Information prohibited from being disclosed
14    under subsection (b) of Section 75 of the Domestic
15    Violence Fatality Review Act.
16        (fff) Images from cameras under the Expressway Camera
17    Act. This subsection (fff) is inoperative on and after
18    July 1, 2023.
19        (ggg) Information prohibited from disclosure under
20    paragraph (3) of subsection (a) of Section 14 of the Nurse
21    Agency Licensing Act.
22        (hhh) Information submitted to the Illinois Department
23    of State Police in an affidavit or application for an
24    assault weapon endorsement, assault weapon attachment
25    endorsement, .50 caliber rifle endorsement, or .50 caliber
26    cartridge endorsement under the Firearm Owners



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1    Identification Card Act.
2        (iii) Information that is exempt from disclosure under
3    Section 3-20 of the Public-Private Partnership Act.
4(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
5101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
61-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
7eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
8101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
91-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
10eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
11102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
127-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
14    Section 12-10. The Public Funds Investment Act is amended
15by changing Section 2 as follows:
16    (30 ILCS 235/2)  (from Ch. 85, par. 902)
17    Sec. 2. Authorized investments.
18    (a) Any public agency may invest any public funds as
20        (1) in bonds, notes, certificates of indebtedness,
21    treasury bills or other securities now or hereafter
22    issued, which are guaranteed by the full faith and credit
23    of the United States of America as to principal and
24    interest;



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



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1    outstanding obligations, and (iii) no more than one-third
2    of the public agency's funds may be invested in
3    obligations of corporations under this paragraph (4.5); or
4        (5) in money market mutual funds registered under the
5    Investment Company Act of 1940, provided that the
6    portfolio of any such money market mutual fund is limited
7    to obligations described in paragraph (1) or (2) of this
8    subsection and to agreements to repurchase such
9    obligations.
10    (a-1) In addition to any other investments authorized
11under this Act, a municipality, park district, forest preserve
12district, conservation district, county, or other governmental
13unit may invest its public funds in interest bearing bonds of
14any county, township, city, village, incorporated town,
15municipal corporation, or school district, of the State of
16Illinois, of any other state, or of any political subdivision
17or agency of the State of Illinois or of any other state,
18whether the interest earned thereon is taxable or tax-exempt
19under federal law. The bonds shall be registered in the name of
20the municipality, park district, forest preserve district,
21conservation district, county, or other governmental unit, or
22held under a custodial agreement at a bank. The bonds shall be
23rated at the time of purchase within the 4 highest general
24classifications established by a rating service of nationally
25recognized expertise in rating bonds of states and their
26political subdivisions.



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



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



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



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



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



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



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



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1college's investment portfolio that can be invested in such
3    (k) In addition to all other investments authorized under
4this Section, a public agency may invest in a financial
5arrangement that finances a qualifying project authorized
6under Article 8 of the Public-Private Partnership Act.
7    Nothing in this Section shall be construed to authorize an
8intergovernmental risk management entity to accept the deposit
9of public funds except for risk management purposes.
10(Source: P.A. 102-285, eff. 8-6-21.)
11    Section 12-15. The Prevailing Wage Act is amended by
12changing Section 2 as follows:
13    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
14    Sec. 2. This Act applies to the wages of laborers,
15mechanics and other workers employed in any public works, as
16hereinafter defined, by any public body and to anyone under
17contracts for public works. This includes any maintenance,
18repair, assembly, or disassembly work performed on equipment
19whether owned, leased, or rented.
20    As used in this Act, unless the context indicates
22    "Public works" means all fixed works constructed or
23demolished by any public body, or paid for wholly or in part
24out of public funds. "Public works" as defined herein includes



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1all projects financed in whole or in part with bonds, grants,
2loans, or other funds made available by or through the State or
3any of its political subdivisions, including but not limited
4to: bonds issued under the Industrial Project Revenue Bond Act
5(Article 11, Division 74 of the Illinois Municipal Code), the
6Industrial Building Revenue Bond Act, the Illinois Finance
7Authority Act, the Illinois Sports Facilities Authority Act,
8or the Build Illinois Bond Act; loans or other funds made
9available pursuant to the Build Illinois Act; loans or other
10funds made available pursuant to the Riverfront Development
11Fund under Section 10-15 of the River Edge Redevelopment Zone
12Act; or funds from the Fund for Illinois' Future under Section
136z-47 of the State Finance Act, funds for school construction
14under Section 5 of the General Obligation Bond Act, funds
15authorized under Section 3 of the School Construction Bond
16Act, funds for school infrastructure under Section 6z-45 of
17the State Finance Act, and funds for transportation purposes
18under Section 4 of the General Obligation Bond Act. "Public
19works" also includes (i) all projects financed in whole or in
20part with funds from the Environmental Protection Agency under
21the Illinois Renewable Fuels Development Program Act for which
22there is no project labor agreement; (ii) all work performed
23pursuant to a public private agreement under the Public
24Private Agreements for the Illiana Expressway Act or the
25Public-Private Agreements for the South Suburban Airport Act;
26(iii) all projects undertaken under a public-private agreement



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1under the Public-Private Partnerships for Transportation Act;
2and (iv) all transportation facilities undertaken under a
3design-build contract or a Construction Manager/General
4Contractor contract under the Innovations for Transportation
5Infrastructure Act; and (v) all work performed pursuant to a
6public-private agreement under the Public-Private Partnerships
7Act. "Public works" also includes all projects at leased
8facility property used for airport purposes under Section 35
9of the Local Government Facility Lease Act. "Public works"
10also includes the construction of a new wind power facility by
11a business designated as a High Impact Business under Section
125.5(a)(3)(E) and the construction of a new utility-scale solar
13power facility by a business designated as a High Impact
14Business under Section 5.5(a)(3)(E-5) of the Illinois
15Enterprise Zone Act. "Public works" also includes electric
16vehicle charging station projects financed pursuant to the
17Electric Vehicle Act and renewable energy projects required to
18pay the prevailing wage pursuant to the Illinois Power Agency
19Act. "Public works" does not include work done directly by any
20public utility company, whether or not done under public
21supervision or direction, or paid for wholly or in part out of
22public funds. "Public works" also includes construction
23projects performed by a third party contracted by any public
24utility, as described in subsection (a) of Section 2.1, in
25public rights-of-way, as defined in Section 21-201 of the
26Public Utilities Act, whether or not done under public



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1supervision or direction, or paid for wholly or in part out of
2public funds. "Public works" also includes construction
3projects that exceed 15 aggregate miles of new fiber optic
4cable, performed by a third party contracted by any public
5utility, as described in subsection (b) of Section 2.1, in
6public rights-of-way, as defined in Section 21-201 of the
7Public Utilities Act, whether or not done under public
8supervision or direction, or paid for wholly or in part out of
9public funds. "Public works" also includes any corrective
10action performed pursuant to Title XVI of the Environmental
11Protection Act for which payment from the Underground Storage
12Tank Fund is requested. "Public works" does not include
13projects undertaken by the owner at an owner-occupied
14single-family residence or at an owner-occupied unit of a
15multi-family residence. "Public works" does not include work
16performed for soil and water conservation purposes on
17agricultural lands, whether or not done under public
18supervision or paid for wholly or in part out of public funds,
19done directly by an owner or person who has legal control of
20those lands.
21    "Construction" means all work on public works involving
22laborers, workers or mechanics. This includes any maintenance,
23repair, assembly, or disassembly work performed on equipment
24whether owned, leased, or rented.
25    "Locality" means the county where the physical work upon
26public works is performed, except (1) that if there is not



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1available in the county a sufficient number of competent
2skilled laborers, workers and mechanics to construct the
3public works efficiently and properly, "locality" includes any
4other county nearest the one in which the work or construction
5is to be performed and from which such persons may be obtained
6in sufficient numbers to perform the work and (2) that, with
7respect to contracts for highway work with the Department of
8Transportation of this State, "locality" may at the discretion
9of the Secretary of the Department of Transportation be
10construed to include two or more adjacent counties from which
11workers may be accessible for work on such construction.
12    "Public body" means the State or any officer, board or
13commission of the State or any political subdivision or
14department thereof, or any institution supported in whole or
15in part by public funds, and includes every county, city,
16town, village, township, school district, irrigation, utility,
17reclamation improvement or other district and every other
18political subdivision, district or municipality of the state
19whether such political subdivision, municipality or district
20operates under a special charter or not.
21    "Labor organization" means an organization that is the
22exclusive representative of an employer's employees recognized
23or certified pursuant to the National Labor Relations Act.
24    The terms "general prevailing rate of hourly wages",
25"general prevailing rate of wages" or "prevailing rate of
26wages" when used in this Act mean the hourly cash wages plus



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1annualized fringe benefits for training and apprenticeship
2programs approved by the U.S. Department of Labor, Bureau of
3Apprenticeship and Training, health and welfare, insurance,
4vacations and pensions paid generally, in the locality in
5which the work is being performed, to employees engaged in
6work of a similar character on public works.
7(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
8102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.