Sen. Toi W. Hutchinson

Filed: 5/28/2014

 

 


 

 


 
09800HB1022sam001LRB098 04293 MLW 60374 a

1
AMENDMENT TO HOUSE BILL 1022

2    AMENDMENT NO. ______. Amend House Bill 1022 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The State Finance Act is amended by changing
5Section 8.3 and by adding Section 6z-100 as follows:
 
6    (30 ILCS 105/6z-100 new)
7    Sec. 6z-100. The Illiana Expressway Public Private
8Agreement Trust Fund.
9    (a) For purposes of this Section:
10        "Availability payment" means a payment made to the
11    contractor for performing its responsibility to design,
12    build, finance, operate, or maintain the Illiana
13    Expressway.
14        "Contractor" means the contractor as defined by the
15    Public Private Agreements for the Illiana Expressway Act.
16        "Public private agreement" means the public private

 

 

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1    agreement developed under the Public Private Agreements
2    for the Illiana Expressway Act.
3        "Secretary" means the Secretary of Transportation, for
4    the Department of Transportation.
5    (b) Fund Established. The Illiana Expressway Public
6Private Agreement Trust Fund is created outside the State
7Treasury as a trust fund, and the State Treasurer shall be ex
8officio custodian. It is the intent of this amendatory Act of
9the 98th General Assembly that all items of income that may be
10legally applied for use in making payments required under the
11public private agreement shall first be deposited into the
12Illiana Expressway Proceeds Fund unless provided in this
13Section or otherwise specified by law. The income of the
14Illiana Expressway Public Private Agreement Trust Fund shall
15consist of the transfers and deposits detailed in subsections
16(c) and (d) of this Section.
17    (c) Transfers.
18        (1) Upon the execution of the public private agreement,
19    the Secretary shall provide written notice to the State
20    Comptroller and State Treasurer. This notice shall include
21    the dates on which payments designated as availability
22    payments are required to be paid under the public private
23    agreement and shall also specify the maximum annual amount
24    of availability payments required to be paid under the
25    public private agreement. Beginning July 1, or as soon as
26    practicable thereafter, of the fiscal year prior to the

 

 

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1    year in which the first availability payments are required
2    to be made under the public private agreement, and
3    continuing for each fiscal year thereafter until the
4    termination of the public private agreement, the State
5    Comptroller shall order transferred and the State
6    Treasurer shall transfer on the first day of each month, or
7    as soon as practicable thereafter, from the Road Fund to
8    the Illiana Expressway Public Private Agreement Trust Fund
9    an amount equal to 150% of one-twelfth of the amount
10    specified by the Secretary until the amount transferred
11    equals the availability payments certified for that fiscal
12    year. In the event that the amount on deposit in the
13    Illiana Expressway Public Private Agreement Trust Fund at
14    the end of any fiscal year is greater than the amount of
15    the availability payments certified by the Secretary as due
16    for the following fiscal year, this excess amount shall
17    reduce the amount of the required transfers from the Road
18    Fund to the Illiana Expressway Public Private Agreement
19    Trust Fund for the following fiscal year.
20        (2) In addition to the transfers specified in paragraph
21    (1) of this subsection (c), in the event that payments
22    other than availability payments are required to be paid
23    under the public private agreement, the Secretary shall
24    certify the amount of these payments to the State
25    Comptroller and State Treasurer, and the State Comptroller
26    shall order transferred and the State Treasurer shall

 

 

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1    transfer from the Road Fund to the Illiana Expressway
2    Public Private Agreement Trust Fund the amount certified.
3        (3) In the event that a payment is required to be paid
4    on a date or in an amount that differs from the date or
5    amount initially provided by the Secretary under this
6    subsection (c), the Secretary shall provide written notice
7    to the State Comptroller and State Treasurer of the new
8    date or amount of payment. The State Comptroller shall
9    order transferred and the State Treasurer shall transfer
10    the amount required on the date described in this written
11    certification.
12    (d) The Illiana Expressway Public Private Agreement Trust
13Fund shall consist of the following:
14        (1) all user fees, as defined in the Public Private
15    Agreements for the Illiana Expressway Act, shall be
16    deposited into the Illiana Expressway Proceeds Fund; as
17    soon as may be practical on or after July 1 of each fiscal
18    year, the State Comptroller shall order transferred and the
19    State Treasurer shall transfer the available balance in the
20    Illiana Expressway Proceeds Fund into the Illiana
21    Expressway Public Private Agreement Trust Fund;
22        (2) all other sources of income that may lawfully be
23    directed into the Illiana Expressway Public Private
24    Agreement Trust Fund, including without limitation
25    transfers under subsection (c) of this Section, federal
26    funds and reimbursements, grants, and gifts; and

 

 

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1        (3) investment income earned on the available balances
2    in the Illiana Expressway Proceeds Fund and the Illiana
3    Expressway Public Private Agreement Trust Fund.
4    (e) The Governor shall include in the State budget for each
5fiscal year that he or she submits to the General Assembly
6under the State Budget Law of the Civil Administrative Code of
7Illinois an appropriation recommendation equal to the expected
8amount of expenditures required from the Illiana Expressway
9Public Private Agreement Trust Fund for that fiscal year and
10the following 3 fiscal years. This appropriation
11recommendation shall include an approximate break-out of
12expenditures between availability payments and other payments
13required by the public private agreement.
14    Subject to appropriation, moneys in the Illiana Expressway
15Public Private Agreement Trust Fund shall only be used for
16payments under the public private agreement.
17    The deposits and transfers required by this Section are
18intended to facilitate the authorization granted by the Public
19Private Agreements for the Illiana Expressway Act to the
20Department of Transportation to enter into the public private
21agreement.
22    (f) In the event that at the end of any fiscal year the
23amount on deposit in the Illiana Expressway Proceeds Fund is in
24excess of the amount required to be transferred into the
25Illiana Expressway Public Private Agreement Trust for the
26succeeding fiscal year under subsection (c) of this Section, no

 

 

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1transfers from the Road Fund to the Illiana Expressway Public
2Private Agreement Trust Fund shall be required for the
3succeeding fiscal year and the excess amount shall be
4transferred from Illiana Expressway Proceeds Fund to the Road
5Fund.
6    (g) Upon the termination of the public private agreement
7and satisfaction in full of all payments required under the
8public private agreement no further transfers shall be made
9from the Road Fund to the Illiana Expressway Public Private
10Agreement Trust Fund. All amounts remaining on deposit in the
11Illiana Expressway Proceeds Fund shall be transferred to the
12Road Fund and the Illiana Expressway Public Private Agreement
13Trust Fund shall be dissolved. Thereafter, deposits for the
14Illiana Expressway Public Private Agreement Trust Fund shall be
15deposited into the Road Fund. At the end of each fiscal year,
16any amounts on deposit in the Illiana Expressway Proceeds Fund
17shall be transferred to the Road Fund.
 
18    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
19    Sec. 8.3. Money in the Road Fund shall, if and when the
20State of Illinois incurs any bonded indebtedness for the
21construction of permanent highways, be set aside and used for
22the purpose of paying and discharging annually the principal
23and interest on that bonded indebtedness then due and payable,
24and for no other purpose. The surplus, if any, in the Road Fund
25after the payment of principal and interest on that bonded

 

 

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1indebtedness then annually due shall be used as follows:
2        first -- for transfers to the Illiana Expressway Public
3    Private Agreement Trust Fund for the purpose of making
4    payments required by the Illiana Public Private Agreement
5    under the Public Private Agreements for the Illiana
6    Expressway Act; and
7        secondly -- to pay the cost of administration of
8    Chapters 2 through 10 of the Illinois Vehicle Code, except
9    the cost of administration of Articles I and II of Chapter
10    3 of that Code; and
11        thirdly secondly -- for expenses of the Department of
12    Transportation for construction, reconstruction,
13    improvement, repair, maintenance, operation, and
14    administration of highways in accordance with the
15    provisions of laws relating thereto, or for any purpose
16    related or incident to and connected therewith, including
17    the separation of grades of those highways with railroads
18    and with highways and including the payment of awards made
19    by the Illinois Workers' Compensation Commission under the
20    terms of the Workers' Compensation Act or Workers'
21    Occupational Diseases Act for injury or death of an
22    employee of the Division of Highways in the Department of
23    Transportation; or for the acquisition of land and the
24    erection of buildings for highway purposes, including the
25    acquisition of highway right-of-way or for investigations
26    to determine the reasonably anticipated future highway

 

 

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1    needs; or for making of surveys, plans, specifications and
2    estimates for and in the construction and maintenance of
3    flight strips and of highways necessary to provide access
4    to military and naval reservations, to defense industries
5    and defense-industry sites, and to the sources of raw
6    materials and for replacing existing highways and highway
7    connections shut off from general public use at military
8    and naval reservations and defense-industry sites, or for
9    the purchase of right-of-way, except that the State shall
10    be reimbursed in full for any expense incurred in building
11    the flight strips; or for the operating and maintaining of
12    highway garages; or for patrolling and policing the public
13    highways and conserving the peace; or for the operating
14    expenses of the Department relating to the administration
15    of public transportation programs; or, during fiscal year
16    2012 only, for the purposes of a grant not to exceed
17    $8,500,000 to the Regional Transportation Authority on
18    behalf of PACE for the purpose of ADA/Para-transit
19    expenses; or, during fiscal year 2013 only, for the
20    purposes of a grant not to exceed $3,825,000 to the
21    Regional Transportation Authority on behalf of PACE for the
22    purpose of ADA/Para-transit expenses; or, during fiscal
23    year 2014 and each fiscal year thereafter only, for the
24    purposes of a grant not to exceed $3,825,000 to the
25    Regional Transportation Authority on behalf of PACE for the
26    purpose of ADA/Para-transit expenses; or for any of those

 

 

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1    purposes or any other purpose that may be provided by law.
2    Appropriations for any of those purposes are payable from
3the Road Fund. Appropriations may also be made from the Road
4Fund for the administrative expenses of any State agency that
5are related to motor vehicles or arise from the use of motor
6vehicles.
7    Beginning with fiscal year 1980 and thereafter, no Road
8Fund monies shall be appropriated to the following Departments
9or agencies of State government for administration, grants, or
10operations; but this limitation is not a restriction upon
11appropriating for those purposes any Road Fund monies that are
12eligible for federal reimbursement;
13        1. Department of Public Health;
14        2. Department of Transportation, only with respect to
15    subsidies for one-half fare Student Transportation and
16    Reduced Fare for Elderly, except during fiscal year 2012
17    only when no more than $40,000,000 may be expended and
18    except during fiscal year 2013 only when no more than
19    $17,570,300 may be expended and except during fiscal year
20    2014 and each fiscal year thereafter only when no more than
21    $17,570,000 may be expended;
22        3. Department of Central Management Services, except
23    for expenditures incurred for group insurance premiums of
24    appropriate personnel;
25        4. Judicial Systems and Agencies.
26    Beginning with fiscal year 1981 and thereafter, no Road

 

 

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1Fund monies shall be appropriated to the following Departments
2or agencies of State government for administration, grants, or
3operations; but this limitation is not a restriction upon
4appropriating for those purposes any Road Fund monies that are
5eligible for federal reimbursement:
6        1. Department of State Police, except for expenditures
7    with respect to the Division of Operations;
8        2. Department of Transportation, only with respect to
9    Intercity Rail Subsidies, except during fiscal year 2012
10    only when no more than $40,000,000 may be expended and
11    except during fiscal year 2013 only when no more than
12    $26,000,000 may be expended and except during fiscal year
13    2014 only when no more than $38,000,000 may be expended,
14    and except during fiscal year 2015 and each fiscal year
15    thereafter when no more than $42,000,000 may be expended,
16    and Rail Freight Services.
17    Beginning with fiscal year 1982 and thereafter, no Road
18Fund monies shall be appropriated to the following Departments
19or agencies of State government for administration, grants, or
20operations; but this limitation is not a restriction upon
21appropriating for those purposes any Road Fund monies that are
22eligible for federal reimbursement: Department of Central
23Management Services, except for awards made by the Illinois
24Workers' Compensation Commission under the terms of the
25Workers' Compensation Act or Workers' Occupational Diseases
26Act for injury or death of an employee of the Division of

 

 

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1Highways in the Department of Transportation.
2    Beginning with fiscal year 1984 and thereafter, no Road
3Fund monies shall be appropriated to the following Departments
4or agencies of State government for administration, grants, or
5operations; but this limitation is not a restriction upon
6appropriating for those purposes any Road Fund monies that are
7eligible for federal reimbursement:
8        1. Department of State Police, except not more than 40%
9    of the funds appropriated for the Division of Operations;
10        2. State Officers.
11    Beginning with fiscal year 1984 and thereafter, no Road
12Fund monies shall be appropriated to any Department or agency
13of State government for administration, grants, or operations
14except as provided hereafter; but this limitation is not a
15restriction upon appropriating for those purposes any Road Fund
16monies that are eligible for federal reimbursement. It shall
17not be lawful to circumvent the above appropriation limitations
18by governmental reorganization or other methods.
19Appropriations shall be made from the Road Fund only in
20accordance with the provisions of this Section.
21    Money in the Road Fund shall, if and when the State of
22Illinois incurs any bonded indebtedness for the construction of
23permanent highways, be set aside and used for the purpose of
24paying and discharging during each fiscal year the principal
25and interest on that bonded indebtedness as it becomes due and
26payable as provided in the Transportation Bond Act, and for no

 

 

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1other purpose. The surplus, if any, in the Road Fund after the
2payment of principal and interest on that bonded indebtedness
3then annually due shall be used as follows:
4        first -- for transfers to the Illiana Expressway Public
5    Private Agreement Trust Fund for the purpose of making
6    payments required by the Illiana Public Private Agreement
7    under the Public Private Agreements for the Illiana
8    Expressway Act;
9        secondly -- to pay the cost of administration of
10    Chapters 2 through 10 of the Illinois Vehicle Code; and
11        thirdly secondly -- no Road Fund monies derived from
12    fees, excises, or license taxes relating to registration,
13    operation and use of vehicles on public highways or to
14    fuels used for the propulsion of those vehicles, shall be
15    appropriated or expended other than for costs of
16    administering the laws imposing those fees, excises, and
17    license taxes, statutory refunds and adjustments allowed
18    thereunder, administrative costs of the Department of
19    Transportation, including, but not limited to, the
20    operating expenses of the Department relating to the
21    administration of public transportation programs, payment
22    of debts and liabilities incurred in construction and
23    reconstruction of public highways and bridges, acquisition
24    of rights-of-way for and the cost of construction,
25    reconstruction, maintenance, repair, and operation of
26    public highways and bridges under the direction and

 

 

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1    supervision of the State, political subdivision, or
2    municipality collecting those monies, or during fiscal
3    year 2012 only for the purposes of a grant not to exceed
4    $8,500,000 to the Regional Transportation Authority on
5    behalf of PACE for the purpose of ADA/Para-transit
6    expenses, or during fiscal year 2013 only for the purposes
7    of a grant not to exceed $3,825,000 to the Regional
8    Transportation Authority on behalf of PACE for the purpose
9    of ADA/Para-transit expenses, or during fiscal year 2014
10    and each fiscal year thereafter only for the purposes of a
11    grant not to exceed $3,825,000 to the Regional
12    Transportation Authority on behalf of PACE for the purpose
13    of ADA/Para-transit expenses, and the costs for patrolling
14    and policing the public highways (by State, political
15    subdivision, or municipality collecting that money) for
16    enforcement of traffic laws. The separation of grades of
17    such highways with railroads and costs associated with
18    protection of at-grade highway and railroad crossing shall
19    also be permissible.
20    Appropriations for any of such purposes are payable from
21the Road Fund or the Grade Crossing Protection Fund as provided
22in Section 8 of the Motor Fuel Tax Law.
23    Except as provided in this paragraph, beginning with fiscal
24year 1991 and thereafter, no Road Fund monies shall be
25appropriated to the Department of State Police for the purposes
26of this Section in excess of its total fiscal year 1990 Road

 

 

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1Fund appropriations for those purposes unless otherwise
2provided in Section 5g of this Act. For fiscal years 2003,
32004, 2005, 2006, and 2007 only, no Road Fund monies shall be
4appropriated to the Department of State Police for the purposes
5of this Section in excess of $97,310,000. For fiscal year 2008
6only, no Road Fund monies shall be appropriated to the
7Department of State Police for the purposes of this Section in
8excess of $106,100,000. For fiscal year 2009 only, no Road Fund
9monies shall be appropriated to the Department of State Police
10for the purposes of this Section in excess of $114,700,000.
11Beginning in fiscal year 2010, no road fund moneys shall be
12appropriated to the Department of State Police. It shall not be
13lawful to circumvent this limitation on appropriations by
14governmental reorganization or other methods unless otherwise
15provided in Section 5g of this Act.
16    In fiscal year 1994, no Road Fund monies shall be
17appropriated to the Secretary of State for the purposes of this
18Section in excess of the total fiscal year 1991 Road Fund
19appropriations to the Secretary of State for those purposes,
20plus $9,800,000. It shall not be lawful to circumvent this
21limitation on appropriations by governmental reorganization or
22other method.
23    Beginning with fiscal year 1995 and thereafter, no Road
24Fund monies shall be appropriated to the Secretary of State for
25the purposes of this Section in excess of the total fiscal year
261994 Road Fund appropriations to the Secretary of State for

 

 

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1those purposes. It shall not be lawful to circumvent this
2limitation on appropriations by governmental reorganization or
3other methods.
4    Beginning with fiscal year 2000, total Road Fund
5appropriations to the Secretary of State for the purposes of
6this Section shall not exceed the amounts specified for the
7following fiscal years:
8    Fiscal Year 2000$80,500,000;
9    Fiscal Year 2001$80,500,000;
10    Fiscal Year 2002$80,500,000;
11    Fiscal Year 2003$130,500,000;
12    Fiscal Year 2004$130,500,000;
13    Fiscal Year 2005$130,500,000;
14    Fiscal Year 2006 $130,500,000;
15    Fiscal Year 2007 $130,500,000;
16    Fiscal Year 2008$130,500,000;
17    Fiscal Year 2009 $130,500,000.
18    For fiscal year 2010, no road fund moneys shall be
19appropriated to the Secretary of State.
20    Beginning in fiscal year 2011, moneys in the Road Fund
21shall be appropriated to the Secretary of State for the
22exclusive purpose of paying refunds due to overpayment of fees
23related to Chapter 3 of the Illinois Vehicle Code unless
24otherwise provided for by law.
25    It shall not be lawful to circumvent this limitation on
26appropriations by governmental reorganization or other

 

 

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1methods.
2    No new program may be initiated in fiscal year 1991 and
3thereafter that is not consistent with the limitations imposed
4by this Section for fiscal year 1984 and thereafter, insofar as
5appropriation of Road Fund monies is concerned.
6    Nothing in this Section prohibits transfers from the Road
7Fund to the State Construction Account Fund under Section 5e of
8this Act; nor to the General Revenue Fund, as authorized by
9this amendatory Act of the 93rd General Assembly; nor to the
10Illiana Expressway Public Private Agreement Trust Fund, as
11authorized by this amendatory act of the 98th General Assembly.
12    The additional amounts authorized for expenditure in this
13Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
14shall be repaid to the Road Fund from the General Revenue Fund
15in the next succeeding fiscal year that the General Revenue
16Fund has a positive budgetary balance, as determined by
17generally accepted accounting principles applicable to
18government.
19    The additional amounts authorized for expenditure by the
20Secretary of State and the Department of State Police in this
21Section by this amendatory Act of the 94th General Assembly
22shall be repaid to the Road Fund from the General Revenue Fund
23in the next succeeding fiscal year that the General Revenue
24Fund has a positive budgetary balance, as determined by
25generally accepted accounting principles applicable to
26government.

 

 

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1(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
2eff. 6-19-13.)
 
3    Section 10. The Public Private Agreements for the Illiana
4Expressway Act is amended by changing Sections 20, 25, 40, and
547 and by adding Section 131 as follows:
 
6    (605 ILCS 130/20)
7    Sec. 20. Procurement; request for proposals process.
8    (a) Notwithstanding any provision of law to the contrary,
9the Department on behalf of the State shall select a contractor
10through a competitive request for proposals process governed by
11the Illinois Procurement Code and rules adopted under that Code
12and this Act.
13    (b) The competitive request for proposals process shall, at
14a minimum, solicit statements of qualification and proposals
15from offerors.
16    (c) The competitive request for proposals process shall, at
17a minimum, take into account the following criteria:
18        (1) The offeror's plans for the Illiana Expressway
19    project;
20        (2) The offeror's current and past business practices;
21        (3) The offeror's poor or inadequate past performance
22    in developing, financing, constructing, managing, or
23    operating highways or other public assets;
24        (4) The offeror's ability to meet and past performance

 

 

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1    in meeting or exhausting good faith efforts to meet the
2    utilization goals for business enterprises established in
3    the Business Enterprise for Minorities, Females, and
4    Persons with Disabilities Act;
5        (5) The offeror's ability to comply with and past
6    performance in complying with Section 2-105 of the Illinois
7    Human Rights Act; and
8        (6) The offeror's plans to comply with the Business
9    Enterprise for Minorities, Females, and Persons with
10    Disabilities Act and Section 2-105 of the Illinois Human
11    Rights Act.
12    (d) The Department shall retain the services of an advisor
13or advisors with significant experience in the development,
14financing, construction, management, or operation of public
15assets to assist in the preparation of the request for
16proposals.
17    (e) The Department shall not include terms in the request
18for proposals that provide an advantage, whether directly or
19indirectly, to any contractor presently providing goods,
20services, or equipment to the Department.
21    (f) The Department shall select at least 2 offerors as
22finalists. The Department shall submit all the offerors'
23statements of qualification and proposals to the Commission on
24Government Forecasting and Accountability and the Procurement
25Policy Board, which shall, within 30 days of the submission,
26complete a review of the statements of qualification and

 

 

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1proposals and, jointly or separately, report on, at a minimum,
2the satisfaction of the criteria contained in the request for
3proposals, the qualifications of the offerors, and the value of
4the proposals to the State. The Department shall not select an
5offeror as the contractor for the Illiana Expressway project
6until it has received and considered the findings of the
7Commission on Government Forecasting and Accountability and
8the Procurement Policy Board as set forth in their respective
9reports.
10    (g) Before awarding a public private agreement to an
11offeror, the Department shall schedule and hold a public
12hearing or hearings on the proposed public private agreement
13and publish notice of the hearing or hearings at least 7 days
14before the hearing and in accordance with Section 4-219 of the
15Illinois Highway Code. The notice must include the following:
16        (1) the date, time, and place of the hearing and the
17    address of the Department;
18        (2) the subject matter of the hearing;
19        (3) a description of the agreement that may be awarded;
20    and
21        (4) the recommendation that has been made to select an
22    offeror as the contractor for the Illiana Expressway
23    project.
24    At the hearing, the Department shall allow the public to be
25heard on the subject of the hearing.
26    (h) After the procedures required in this Section have been

 

 

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1completed, the Department shall make a determination as to
2whether the offeror should be designated as the contractor for
3the Illiana Expressway project and shall submit the decision to
4the Governor and to the Governor's Office of Management and
5Budget. After review of the Department's determination, the
6Governor may accept or reject the determination. If the
7Governor accepts the determination of the Department, the
8Governor shall designate the offeror for the Illiana Expressway
9project.
10(Source: P.A. 96-913, eff. 6-9-10.)
 
11    (605 ILCS 130/25)
12    (Text of Section before amendment by P.A. 98-595)
13    Sec. 25. Provisions of the public private agreement.
14    (a) The public private agreement shall include all of the
15following:
16        (1) The term of the public private agreement that is
17    consistent with Section 15 of this Act;
18        (2) The powers, duties, responsibilities, obligations,
19    and functions of the Department and the contractor;
20        (3) Compensation or payments to the Department, if
21    applicable;
22        (4) Compensation or payments to the contractor;
23        (5) A provision specifying that the Department:
24            (A) has ready access to information regarding the
25        contractor's powers, duties, responsibilities,

 

 

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1        obligations, and functions under the public private
2        agreement;
3            (B) has the right to demand and receive information
4        from the contractor concerning any aspect of the
5        contractor's powers, duties, responsibilities,
6        obligations, and functions under the public private
7        agreement; and
8            (C) has the authority to direct or countermand
9        decisions by the contractor at any time;
10        (6) A provision imposing an affirmative duty on the
11    contractor to provide the Department with any information
12    the contractor reasonably believes the Department would
13    want to know or would need to know to enable the Department
14    to exercise its powers, carry out its duties,
15    responsibilities, and obligations, and perform its
16    functions under this Act or the public private agreement or
17    as otherwise required by law;
18        (7) A provision requiring the contractor to provide the
19    Department with advance notice of any decision that bears
20    significantly on the public interest so the Department has
21    a reasonable opportunity to evaluate and countermand that
22    decision pursuant to this Section;
23        (8) A requirement that the Department monitor and
24    oversee the contractor's practices and take action that the
25    Department considers appropriate to ensure that the
26    contractor is in compliance with the terms of the public

 

 

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1    private agreement;
2        (9) The authority of the Department to enter into
3    contracts with third parties pursuant to Section 50 of this
4    Act;
5        (10) A provision governing the contractor's authority
6    to negotiate and execute subcontracts with third parties;
7        (10.5) A provision stating that, in the event the
8    contractor finds it necessary, proper, or desirable to
9    enter into subcontracts with one or more design-build
10    entities, then it must follow a selection process that is,
11    to the greatest extent possible, identical to the selection
12    process contained in the Design-Build Procurement Act;
13        (11) The authority of the contractor to impose user
14    fees and the amounts of those fees, including the authority
15    of the contractor to use congestion pricing, pursuant to
16    which higher tolls rates are imposed during times or in
17    locations of increased congestion;
18        (12) A provision governing the deposit and allocation
19    of revenues including user fees;
20        (13) A provision governing rights to real and personal
21    property of the State, the Department, the contractor, and
22    other third parties;
23        (14) A provision stating that the contractor must,
24    pursuant to Section 75 of this Act, finance an independent
25    audit if the construction costs under the contract exceed
26    $50,000,000;

 

 

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1        (15) A provision regarding the implementation and
2    delivery of a comprehensive system of internal audits;
3        (16) A provision regarding the implementation and
4    delivery of reports, which must include a requirement that
5    the contractor file with the Department, at least on an
6    annual basis, financial statements containing information
7    required by generally accepted accounting principles
8    (GAAP);
9        (17) Procedural requirements for obtaining the prior
10    approval of the Department when rights that are the subject
11    of the agreement, including but not limited to development
12    rights, construction rights, property rights, and rights
13    to certain revenues, are sold, assigned, transferred, or
14    pledged as collateral to secure financing or for any other
15    reason;
16        (18) Grounds for termination of the agreement by the
17    Department or the contractor and a restatement of the
18    Department's rights under Section 35 of this Act;
19        (19) A requirement that the contractor enter into a
20    project labor agreement pursuant to Section 100 of this
21    Act;
22        (19.5) A provision stating that construction
23    contractors shall comply with the requirements of Section
24    30-22 of the Illinois Procurement Code pursuant to Section
25    100 of this Act;
26        (20) Timelines, deadlines, and scheduling;

 

 

09800HB1022sam001- 24 -LRB098 04293 MLW 60374 a

1        (21) Review of plans, including development,
2    financing, construction, management, or operations plans,
3    by the Department;
4        (22) Inspections by the Department, including
5    inspections of construction work and improvements;
6        (23) Rights and remedies of the Department in the event
7    that the contractor defaults or otherwise fails to comply
8    with the terms of the agreement;
9        (24) A code of ethics for the contractor's officers and
10    employees; and
11        (25) Procedures for amendment to the agreement.
12    (b) The public private agreement may include any or all of
13the following:
14        (1) A provision regarding the extension of the
15    agreement that is consistent with Section 15 of this Act;
16        (2) Cash reserves requirements;
17        (3) Delivery of performance and payment bonds or other
18    performance security in a form and amount that is
19    satisfactory to the Department;
20        (4) Maintenance of public liability insurance;
21        (5) Maintenance of self-insurance;
22        (6) Provisions governing grants and loans, pursuant to
23    which the Department may agree to make grants or loans for
24    the development, financing, construction, management, or
25    operation of the Illiana Expressway project from time to
26    time from amounts received from the federal government or

 

 

09800HB1022sam001- 25 -LRB098 04293 MLW 60374 a

1    any agency or instrumentality of the federal government or
2    from any State or local agency;
3        (7) Reimbursements to the Department for work
4    performed and goods, services, and equipment provided by
5    the Department; and
6        (8) All other terms, conditions, and provisions
7    acceptable to the Department that the Department deems
8    necessary and proper and in the public interest.
9(Source: P.A. 96-913, eff. 6-9-10; 97-808, eff. 7-13-12.)
 
10    (Text of Section after amendment by P.A. 98-595)
11    Sec. 25. Provisions of the public private agreement.
12    (a) The public private agreement shall include all of the
13following:
14        (1) The term of the public private agreement that is
15    consistent with Section 15 of this Act;
16        (2) The powers, duties, responsibilities, obligations,
17    and functions of the Department and the contractor;
18        (3) Compensation or payments to the Department, if
19    applicable;
20        (4) Compensation or payments to the contractor;
21        (5) A provision specifying that the Department:
22            (A) has ready access to information regarding the
23        contractor's powers, duties, responsibilities,
24        obligations, and functions under the public private
25        agreement;

 

 

09800HB1022sam001- 26 -LRB098 04293 MLW 60374 a

1            (B) has the right to demand and receive information
2        from the contractor concerning any aspect of the
3        contractor's powers, duties, responsibilities,
4        obligations, and functions under the public private
5        agreement; and
6            (C) has the authority to direct or countermand
7        decisions by the contractor at any time;
8        (6) A provision imposing an affirmative duty on the
9    contractor to provide the Department with any information
10    the contractor reasonably believes the Department would
11    want to know or would need to know to enable the Department
12    to exercise its powers, carry out its duties,
13    responsibilities, and obligations, and perform its
14    functions under this Act or the public private agreement or
15    as otherwise required by law;
16        (7) A provision requiring the contractor to provide the
17    Department with advance notice of any decision that bears
18    significantly on the public interest so the Department has
19    a reasonable opportunity to evaluate and countermand that
20    decision pursuant to this Section;
21        (8) A requirement that the Department monitor and
22    oversee the contractor's practices and take action that the
23    Department considers appropriate to ensure that the
24    contractor is in compliance with the terms of the public
25    private agreement;
26        (9) The authority of the Department to enter into

 

 

09800HB1022sam001- 27 -LRB098 04293 MLW 60374 a

1    contracts with third parties pursuant to Section 50 of this
2    Act;
3        (10) A provision governing the contractor's authority
4    to negotiate and execute subcontracts with third parties;
5        (10.5) A provision stating that, in the event that the
6    contractor does not have a subcontract with a design-build
7    entity in effect at the time of execution of the
8    public-private agreement by the Department, the contractor
9    must follow a selection process that is, to the greatest
10    extent possible, identical to the selection process
11    contained in the Design-Build Procurement Act;
12        (11) The authority of the contractor and the Department
13    to impose user fees and the amounts of those fees,
14    including the authority of the contractor and the
15    Department to use congestion pricing, pursuant to which
16    higher tolls rates are imposed during times or in locations
17    of increased congestion;
18        (12) A provision governing the deposit and allocation
19    of revenues including user fees;
20        (13) A provision governing rights to real and personal
21    property of the State, the Department, the contractor, and
22    other third parties;
23        (14) A provision stating that the contractor must,
24    pursuant to Section 75 of this Act, finance an independent
25    audit if the construction costs under the contract exceed
26    $50,000,000;

 

 

09800HB1022sam001- 28 -LRB098 04293 MLW 60374 a

1        (15) A provision regarding the implementation and
2    delivery of a comprehensive system of internal audits;
3        (16) A provision regarding the implementation and
4    delivery of reports, which must include a requirement that
5    the contractor file with the Department, at least on an
6    annual basis, financial statements containing information
7    required by generally accepted accounting principles
8    (GAAP);
9        (17) Procedural requirements for obtaining the prior
10    approval of the Department when rights that are the subject
11    of the agreement, including but not limited to development
12    rights, construction rights, property rights, and rights
13    to certain revenues, are sold, assigned, transferred, or
14    pledged as collateral to secure financing or for any other
15    reason;
16        (18) Grounds for termination of the agreement by the
17    Department or the contractor and a restatement of the
18    Department's rights under Section 35 of this Act;
19        (19) A requirement that the contractor enter into a
20    project labor agreement pursuant to Section 100 of this
21    Act;
22        (19.5) A provision stating that construction
23    contractors shall comply with the requirements of Section
24    30-22 of the Illinois Procurement Code pursuant to Section
25    100 of this Act;
26        (20) Timelines, deadlines, and scheduling;

 

 

09800HB1022sam001- 29 -LRB098 04293 MLW 60374 a

1        (21) Review of plans, including development,
2    financing, construction, management, or operations plans,
3    by the Department;
4        (22) Inspections by the Department, including
5    inspections of construction work and improvements;
6        (23) Rights and remedies of the Department in the event
7    that the contractor defaults or otherwise fails to comply
8    with the terms of the agreement;
9        (24) A code of ethics for the contractor's officers and
10    employees; and
11        (25) Procedures for amendment to the agreement.
12    (b) The public private agreement may include any or all of
13the following:
14        (1) A provision regarding the extension of the
15    agreement that is consistent with Section 15 of this Act;
16        (2) Cash reserves requirements;
17        (3) Delivery of performance and payment bonds or other
18    performance security in a form and amount that is
19    satisfactory to the Department;
20        (4) Maintenance of public liability insurance;
21        (5) Maintenance of self-insurance;
22        (6) Provisions governing grants and loans, pursuant to
23    which the Department may agree to make grants or loans for
24    the development, financing, construction, management, or
25    operation of the Illiana Expressway project from time to
26    time from amounts received from the federal government or

 

 

09800HB1022sam001- 30 -LRB098 04293 MLW 60374 a

1    any agency or instrumentality of the federal government or
2    from any State or local agency;
3        (7) Reimbursements to the Department for work
4    performed and goods, services, and equipment provided by
5    the Department; and
6        (8) All other terms, conditions, and provisions
7    acceptable to the Department that the Department deems
8    necessary and proper and in the public interest.
9    (c) The public private agreement shall contain a
10conspicuous statement to the following effect: (i) neither the
11State, the Department, or any other State agency, political
12corporation, or political subdivision of the State, is
13obligated to make payments under the public private agreement
14except as provided by this Act and by Sections 6z-100 and 8.3
15of the State Finance Act; and (ii) neither the faith and credit
16of the State, the Department, or any other State agency,
17political corporation, or political subdivision of the State is
18pledged to any of the payments required under the public
19private agreement.
20(Source: P.A. 97-808, eff. 7-13-12; 98-595, eff. 6-1-14.)
 
21    (605 ILCS 130/40)
22    Sec. 40. Public private agreement proceeds; deposit of user
23fees. After the payment of all transaction costs, including
24payments for legal, accounting, financial, consultation, and
25other professional services, all moneys received by the State

 

 

09800HB1022sam001- 31 -LRB098 04293 MLW 60374 a

1as compensation for the public private agreement shall be
2deposited into the Illiana Expressway Proceeds Fund, which is
3hereby created as a special fund in the State treasury. In
4addition, all user fees shall be deposited into the Illiana
5Expressway Proceeds Fund. Expenditures may be made from the
6Fund only in the manner as appropriated by the General Assembly
7by law.
8(Source: P.A. 96-913, eff. 6-9-10.)
 
9    (605 ILCS 130/47)
10    Sec. 47. Selection of professional design firms.
11Notwithstanding any provision of law to the contrary, the
12selection of professional design firms by the Department or the
13contractor shall comply with the Architectural, Engineering,
14and Land Surveying Qualifications Based Selection Act.
15(Source: P.A. 96-913, eff. 6-9-10.)
 
16    (605 ILCS 130/131 new)
17    Sec. 131. Binding dispute resolution.
18    (a) The Department may include in the public private
19agreement a provision authorizing a binding dispute resolution
20process consistent with the Uniform Arbitration Act for any
21claim or controversy subsequently arising out of the public
22private agreement and the Department may agree to be bound by
23this binding dispute resolution process.
24    (b) Any award against the Department made under the binding

 

 

09800HB1022sam001- 32 -LRB098 04293 MLW 60374 a

1dispute resolution process shall be paid only upon
2appropriation by the General Assembly.
3    (c) The Court of Claims has no jurisdiction concerning any
4claims or controversy arising under the public private
5agreement that are the subject of the binding dispute
6resolution process described in subsection (a) of this Section.
 
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.
 
14    Section 97. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.
 
16    Section 999. Effective date. This Act takes effect upon
17becoming law.".