HB3456 EnrolledLRB103 30602 DTM 57042 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Department of Natural Resources World Shooting and
6Recreational Complex Act.
 
7    Section 5. Legislative intent. The General Assembly finds
8that authorizing the Department of Natural Resources to enter
9into a public-private partnership will allow the World
10Shooting and Recreational Complex to become a fully
11reactivated space in a timely manner and is in the best
12interest of the State and the local community.
 
13    Section 10. Definitions.
14    "Contractor" means a person who has been selected to enter
15or has entered into a public-private agreement with the
16Department on behalf of the State for the development,
17financing, management, or operation of the World Shooting and
18Recreational Complex pursuant to this Act.
19    "Department" means the Department of Natural Resources.
20    "Director" means the Director of Natural Resources.
21    "Maintain" or "maintenance" includes ordinary maintenance,
22repair, rehabilitation, capital maintenance, replacement, and

 

 

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1any other categories of maintenance that may be designated by
2the Department.
3    "Offeror" means a person who responds to a request for
4proposals under this Act.
5    "Operate" or "operation" means to do one or more of the
6following: maintain, improve, equip, modify, or otherwise
7operate.
8    "Person" means any individual, firm, association, joint
9venture, partnership, estate, trust, syndicate, fiduciary,
10corporation, or any other legal entity, group, or combination
11thereof.
12    "Public-private agreement" means an agreement or contract
13between the Department and the contractor on behalf of the
14State and all schedules, exhibits, and attachments thereto,
15entered into pursuant to a competitive request for proposals
16process governed by this Act, for the financing, management
17and operation of the World Shooting and Recreational Complex
18under this Act.
19    "Revenues" means all revenues, including, but not limited
20to, income, user fees, earnings, interest, lease payments,
21allocations, moneys from the federal government, the State,
22and units of local government, including, but not limited to,
23federal, State, and local appropriations, grants, loans, lines
24of credit, and credit guarantees; bond proceeds; equity
25investments; service payments; or other receipts arising out
26of or in connection with the financing, development,

 

 

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1management, or operation of the World Shooting and
2Recreational Complex.
3    "World Shooting and Recreational Complex" means real
4property in Sparta, Illinois, consisting of approximately
51,620 acres including a 117-acre lake, over 1,000 camping
6sites, 120 trap houses, 2 sporting clays courses, 24
7combination trap skeet fields, a cowboy action shooting area,
8a vendor mall, and a restaurant.
 
9    Section 15. Authority to enter public-private agreement.
10Notwithstanding any provision of law to the contrary, the
11Department, on behalf of the State, may enter into a
12public-private agreement to develop, finance, lease, manage,
13and operate the World Shooting and Recreational Complex on
14behalf of the State, pursuant to which the contractors may
15receive certain revenues, including management or user fees in
16consideration of the payment of moneys to the State for that
17right.
 
18    Section 20. Engagement prior to request for proposals. The
19Director or the Director's designee may, prior to soliciting
20requests for proposals, enter into discussions with interested
21persons in order to assess existing market conditions and
22demands, provided that no such interested persons shall have
23any role in drafting any request for proposals, nor shall any
24request for proposal be provided to any interested person

 

 

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1prior to its general public distribution. The Director may
2issue a request for qualifications that requests interested
3persons to provide such information as the Director deems
4necessary in order to evaluate the qualifications of such
5interested persons. This may include, but is not limited to,
6the ability of interested persons to acquire the property, as
7determined by the Director. Such engagement and discussions
8with interested persons are exempt from Sections 50-10.5,
950-39, 50-40, 50-45, and 50-50 of the Illinois Procurement
10Code.
 
11    Section 25. Requests for proposals. If requests for
12proposals are made by the Department, the Department shall
13comply with the competitive request for proposals process
14under Article 20 of the Illinois Procurement Code, rules
15adopted under that Code, and this Act.
 
16    Section 30. Request for proposal process.
17    (a) The Department, on behalf of the State, may select a
18contractor through a competitive request for proposals process
19under Article 20 of the Illinois Procurement Code and rules
20adopted under that Article of the Code.
21    (b) The competitive request for proposals process shall
22solicit statements of qualification and proposals from
23offerors.
24    (c) In addition to any requirements under Article 20 of

 

 

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1the Illinois Procurement Code, the competitive request for
2proposals process may take into account the following
3criteria:
4        (1) the offeror's plans for the World Shooting and
5    Recreational Complex project;
6        (2) the offeror's current and past business practices;
7    and
8        (3) the offeror's poor or inadequate past performance
9    in developing, financing, constructing, managing, or
10    operating other historic landmark properties or other
11    public assets.
 
12    Section 35. Provisions of the public-private agreement.
13    (a) The public-private agreement may include, but is not
14limited to, the following:
15        (1) the powers, duties, responsibilities, obligations,
16    and functions of the Department and the contractor;
17        (2) compensation or payments to the Department, if
18    applicable;
19        (3) compensation or payments to the contractor, if
20    applicable;
21        (4) 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;

 

 

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1            (B) has the right to demand and receive
2        information from the contractor concerning any aspect
3        of the 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        (5) the authority of the contractor to impose user
9    fees and the amounts of those fees;
10        (6) a provision governing the deposit and allocation
11    of revenues, including user fees;
12        (7) a provision governing rights to real and personal
13    property of the State, the Department, the contractor, and
14    other third parties;
15        (8) rights and remedies of the Department if the
16    contractor defaults or otherwise fails to comply with the
17    terms of the agreement; and
18        (9) all other terms, conditions, and provisions
19    acceptable to the Department that the Department deems
20    necessary and proper and in the public interest.
 
21    Section 40. Labor.
22    (a) A public-private agreement related to the World
23Shooting and Recreational Complex pertaining to the building,
24altering, repairing, maintaining, improving, or demolishing of
25the Complex shall require the contractor and all

 

 

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1subcontractors to comply with the requirements of Section
230-22 of the Illinois Procurement Code as they apply to
3responsible bidders, including, but not limited to, all
4applicable provisions of the Prevailing Wage Act, and to
5present satisfactory evidence of that compliance to the
6Department, unless the project is federally funded and the
7application of those requirements would jeopardize the receipt
8or use of federal funds in support of the project.
9    (b) A public-private agreement related to the World
10Shooting and Recreational Complex pertaining to the building,
11altering, repairing, maintaining, improving, or demolishing
12the Complex shall require the contractor and all
13subcontractors to enter into a project labor agreement used by
14the Capital Development Board.
 
15    Section 45. Term of agreement; reversion of property to
16the Department.
17    (a) The term of any public-private agreement entered into
18under this Act shall be no less than 25 years and no more than
1999 years.
20    (b) The Department may terminate the contractor's
21authority and duties under the public-private agreement on the
22date set forth in the public-private agreement. The Department
23may also terminate the public-private agreement pursuant to
24any clause or condition as set forth in the public-private
25agreement.

 

 

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1    (c) Upon termination of the public-private agreement, the
2authority, and duties of the contractor under this Act cease,
3except for those duties and obligations that extend beyond the
4termination, as set forth in the public-private agreement, and
5all interests in the World Shooting and Recreational Complex
6shall revert to the Department.
 
7    Section 50. The Prevailing Wage Act is amended by changing
8Section 2 as follows:
 
9    (820 ILCS 130/2)  (from Ch. 48, par. 39s-2)
10    Sec. 2. This Act applies to the wages of laborers,
11mechanics and other workers employed in any public works, as
12hereinafter defined, by any public body and to anyone under
13contracts for public works. This includes any maintenance,
14repair, assembly, or disassembly work performed on equipment
15whether owned, leased, or rented.
16    As used in this Act, unless the context indicates
17otherwise:
18    "Public works" means all fixed works constructed or
19demolished by any public body, or paid for wholly or in part
20out of public funds. "Public works" as defined herein includes
21all projects financed in whole or in part with bonds, grants,
22loans, or other funds made available by or through the State or
23any of its political subdivisions, including but not limited
24to: bonds issued under the Industrial Project Revenue Bond Act

 

 

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1(Article 11, Division 74 of the Illinois Municipal Code), the
2Industrial Building Revenue Bond Act, the Illinois Finance
3Authority Act, the Illinois Sports Facilities Authority Act,
4or the Build Illinois Bond Act; loans or other funds made
5available pursuant to the Build Illinois Act; loans or other
6funds made available pursuant to the Riverfront Development
7Fund under Section 10-15 of the River Edge Redevelopment Zone
8Act; or funds from the Fund for Illinois' Future under Section
96z-47 of the State Finance Act, funds for school construction
10under Section 5 of the General Obligation Bond Act, funds
11authorized under Section 3 of the School Construction Bond
12Act, funds for school infrastructure under Section 6z-45 of
13the State Finance Act, and funds for transportation purposes
14under Section 4 of the General Obligation Bond Act. "Public
15works" also includes (i) all projects financed in whole or in
16part with funds from the Environmental Protection Agency under
17the Illinois Renewable Fuels Development Program Act for which
18there is no project labor agreement; (ii) all work performed
19pursuant to a public private agreement under the Public
20Private Agreements for the Illiana Expressway Act or the
21Public-Private Agreements for the South Suburban Airport Act;
22(iii) all projects undertaken under a public-private agreement
23under the Public-Private Partnerships for Transportation Act
24or the Department of Natural Resources World Shooting and
25Recreational Complex Act; and (iv) all transportation
26facilities undertaken under a design-build contract or a

 

 

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1Construction Manager/General Contractor contract under the
2Innovations for Transportation Infrastructure Act. "Public
3works" also includes all projects at leased facility property
4used for airport purposes under Section 35 of the Local
5Government Facility Lease Act. "Public works" also includes
6the construction of a new wind power facility by a business
7designated as a High Impact Business under Section
85.5(a)(3)(E) and the construction of a new utility-scale solar
9power facility by a business designated as a High Impact
10Business under Section 5.5(a)(3)(E-5) of the Illinois
11Enterprise Zone Act. "Public works" also includes electric
12vehicle charging station projects financed pursuant to the
13Electric Vehicle Act and renewable energy projects required to
14pay the prevailing wage pursuant to the Illinois Power Agency
15Act. "Public works" does not include work done directly by any
16public utility company, whether or not done under public
17supervision or direction, or paid for wholly or in part out of
18public funds. "Public works" also includes construction
19projects performed by a third party contracted by any public
20utility, as described in subsection (a) of Section 2.1, in
21public rights-of-way, as defined in Section 21-201 of the
22Public Utilities Act, whether or not done under public
23supervision or direction, or paid for wholly or in part out of
24public funds. "Public works" also includes construction
25projects that exceed 15 aggregate miles of new fiber optic
26cable, performed by a third party contracted by any public

 

 

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

 

 

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

 

 

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1which the work is being performed, to employees engaged in
2work of a similar character on public works.
3(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
4102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
56-15-22.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.