Rep. Lawrence M. Walsh, Jr.
Filed: 5/27/2014
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1 | AMENDMENT TO SENATE BILL 1825
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2 | AMENDMENT NO. ______. Amend Senate Bill 1825 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Finance Act is amended by changing | ||||||
5 | Section 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 | ||||||
8 | Agreement 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 | ||||||
6 | Private Agreement Trust Fund is created outside the State | ||||||
7 | Treasury as a trust fund, and the State Treasurer shall be ex | ||||||
8 | officio custodian. It is the intent of this amendatory Act of | ||||||
9 | the 98th General Assembly that all items of income that may be | ||||||
10 | legally applied for use in making payments required under the | ||||||
11 | public private agreement shall first be deposited into the | ||||||
12 | Illiana Expressway Proceeds Fund unless provided in this | ||||||
13 | Section or otherwise specified by law. The income of the | ||||||
14 | Illiana Expressway Public Private Agreement Trust Fund shall | ||||||
15 | consist 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 | ||||||
13 | Fund 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 | ||||||
5 | fiscal year that he or she submits to the General Assembly | ||||||
6 | under the State Budget Law of the Civil Administrative Code of | ||||||
7 | Illinois an appropriation recommendation equal to the expected | ||||||
8 | amount of expenditures required from the Illiana Expressway | ||||||
9 | Public Private Agreement Trust Fund for that fiscal year and | ||||||
10 | the following 3 fiscal years. This appropriation | ||||||
11 | recommendation shall include an approximate break-out of | ||||||
12 | expenditures between availability payments and other payments | ||||||
13 | required by the public private agreement. | ||||||
14 | Subject to appropriation, moneys in the Illiana Expressway | ||||||
15 | Public Private Agreement Trust Fund shall only be used for | ||||||
16 | payments under the public private agreement. | ||||||
17 | The deposits and transfers required by this Section are | ||||||
18 | intended to facilitate the authorization granted by the Public | ||||||
19 | Private Agreements for the Illiana Expressway Act to the | ||||||
20 | Department of Transportation to enter into the public private | ||||||
21 | agreement. | ||||||
22 | (f) In the event that at the end of any fiscal year the | ||||||
23 | amount on deposit in the Illiana Expressway Proceeds Fund is in | ||||||
24 | excess of the amount required to be transferred into the | ||||||
25 | Illiana Expressway Public Private Agreement Trust for the | ||||||
26 | succeeding fiscal year under subsection (c) of this Section, no |
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1 | transfers from the Road Fund to the Illiana Expressway Public | ||||||
2 | Private Agreement Trust Fund shall be required for the | ||||||
3 | succeeding fiscal year and the excess amount shall be | ||||||
4 | transferred from Illiana Expressway Proceeds Fund to the Road | ||||||
5 | Fund. | ||||||
6 | (g) Upon the termination of the public private agreement | ||||||
7 | and satisfaction in full of all payments required under the | ||||||
8 | public private agreement no further transfers shall be made | ||||||
9 | from the Road Fund to the Illiana Expressway Public Private | ||||||
10 | Agreement Trust Fund. All amounts remaining on deposit in the | ||||||
11 | Illiana Expressway Proceeds Fund shall be transferred to the | ||||||
12 | Road Fund and the Illiana Expressway Public Private Agreement | ||||||
13 | Trust Fund shall be dissolved. Thereafter, deposits for the | ||||||
14 | Illiana Expressway Public Private Agreement Trust Fund shall be | ||||||
15 | deposited into the Road Fund. At the end of each fiscal year, | ||||||
16 | any amounts on deposit in the Illiana Expressway Proceeds Fund | ||||||
17 | shall 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 | ||||||
20 | State of
Illinois incurs any bonded indebtedness for the | ||||||
21 | construction of
permanent highways, be set aside and used for | ||||||
22 | the purpose of paying and
discharging annually the principal | ||||||
23 | and interest on that bonded
indebtedness then due and payable, | ||||||
24 | and for no other purpose. The
surplus, if any, in the Road Fund | ||||||
25 | after the payment of principal and
interest on that bonded |
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1 | indebtedness 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
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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
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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 | ||||||
3 | the Road
Fund. Appropriations may also be made from the Road | ||||||
4 | Fund for the
administrative expenses of any State agency that | ||||||
5 | are related to motor
vehicles or arise from the use of motor | ||||||
6 | vehicles. | ||||||
7 | Beginning with fiscal year 1980 and thereafter, no Road | ||||||
8 | Fund monies
shall be appropriated to the following Departments | ||||||
9 | or agencies of State
government for administration, grants, or | ||||||
10 | operations; but this
limitation is not a restriction upon | ||||||
11 | appropriating for those purposes any
Road Fund monies that are | ||||||
12 | eligible 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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1 | Fund monies
shall be appropriated to the following Departments | ||||||
2 | or agencies of State
government for administration, grants, or | ||||||
3 | operations; but this
limitation is not a restriction upon | ||||||
4 | appropriating for those purposes any
Road Fund monies that are | ||||||
5 | eligible 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 | ||||||
18 | Fund monies
shall be appropriated to the following Departments | ||||||
19 | or agencies of State
government for administration, grants, or | ||||||
20 | operations; but this
limitation is not a restriction upon | ||||||
21 | appropriating for those purposes any
Road Fund monies that are | ||||||
22 | eligible for federal reimbursement: Department
of Central | ||||||
23 | Management Services, except for awards made by
the Illinois | ||||||
24 | Workers' Compensation Commission under the terms of the | ||||||
25 | Workers' Compensation Act
or Workers' Occupational Diseases | ||||||
26 | Act for injury or death of an employee of
the Division of |
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1 | Highways in the Department of Transportation. | ||||||
2 | Beginning with fiscal year 1984 and thereafter, no Road | ||||||
3 | Fund monies
shall be appropriated to the following Departments | ||||||
4 | or agencies of State
government for administration, grants, or | ||||||
5 | operations; but this
limitation is not a restriction upon | ||||||
6 | appropriating for those purposes any
Road Fund monies that are | ||||||
7 | eligible 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 | ||||||
12 | Fund monies
shall be appropriated to any Department or agency | ||||||
13 | of State government
for administration, grants, or operations | ||||||
14 | except as provided hereafter;
but this limitation is not a | ||||||
15 | restriction upon appropriating for those
purposes any Road Fund | ||||||
16 | monies that are eligible for federal
reimbursement. It shall | ||||||
17 | not be lawful to circumvent the above
appropriation limitations | ||||||
18 | by governmental reorganization or other
methods. | ||||||
19 | Appropriations shall be made from the Road Fund only in
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20 | accordance with the provisions of this Section. | ||||||
21 | Money in the Road Fund shall, if and when the State of | ||||||
22 | Illinois
incurs any bonded indebtedness for the construction of | ||||||
23 | permanent
highways, be set aside and used for the purpose of | ||||||
24 | paying and
discharging during each fiscal year the principal | ||||||
25 | and interest on that
bonded indebtedness as it becomes due and | ||||||
26 | payable as provided in the
Transportation Bond Act, and for no |
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1 | other
purpose. The surplus, if any, in the Road Fund after the | ||||||
2 | payment of
principal and interest on that bonded indebtedness | ||||||
3 | then 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,
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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
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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 | ||||||
21 | the Road
Fund or the Grade Crossing Protection Fund as provided | ||||||
22 | in Section 8 of
the Motor Fuel Tax Law. | ||||||
23 | Except as provided in this paragraph, beginning with fiscal | ||||||
24 | year 1991 and
thereafter, no Road Fund monies
shall be | ||||||
25 | appropriated to the Department of State Police for the purposes | ||||||
26 | of
this Section in excess of its total fiscal year 1990 Road |
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1 | Fund
appropriations for those purposes unless otherwise | ||||||
2 | provided in Section 5g of
this Act.
For fiscal years 2003,
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3 | 2004, 2005, 2006, and 2007 only, no Road Fund monies shall
be | ||||||
4 | appropriated to the
Department of State Police for the purposes | ||||||
5 | of this Section in excess of
$97,310,000.
For fiscal year 2008 | ||||||
6 | only, no Road
Fund monies shall be appropriated to the | ||||||
7 | Department of State Police for the purposes of
this Section in | ||||||
8 | excess of $106,100,000. For fiscal year 2009 only, no Road Fund | ||||||
9 | monies shall be appropriated to the Department of State Police | ||||||
10 | for the purposes of this Section in excess of $114,700,000. | ||||||
11 | Beginning in fiscal year 2010, no road fund moneys shall be | ||||||
12 | appropriated to the Department of State Police. It shall not be | ||||||
13 | lawful to circumvent this limitation on
appropriations by | ||||||
14 | governmental reorganization or other methods unless
otherwise | ||||||
15 | provided in Section 5g of this Act. | ||||||
16 | In fiscal year 1994, no Road Fund monies shall be | ||||||
17 | appropriated
to the
Secretary of State for the purposes of this | ||||||
18 | Section in excess of the total
fiscal year 1991 Road Fund | ||||||
19 | appropriations to the Secretary of State for
those purposes, | ||||||
20 | plus $9,800,000. It
shall not be
lawful to circumvent
this | ||||||
21 | limitation on appropriations by governmental reorganization or | ||||||
22 | other
method. | ||||||
23 | Beginning with fiscal year 1995 and thereafter, no Road | ||||||
24 | Fund
monies
shall be appropriated to the Secretary of State for | ||||||
25 | the purposes of this
Section in excess of the total fiscal year | ||||||
26 | 1994 Road Fund
appropriations to
the Secretary of State for |
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1 | those purposes. It shall not be lawful to
circumvent this | |||||||||||||||||||||||||||||||||||||||||
2 | limitation on appropriations by governmental reorganization
or | |||||||||||||||||||||||||||||||||||||||||
3 | other methods. | |||||||||||||||||||||||||||||||||||||||||
4 | Beginning with fiscal year 2000, total Road Fund | |||||||||||||||||||||||||||||||||||||||||
5 | appropriations to the
Secretary of State for the purposes of | |||||||||||||||||||||||||||||||||||||||||
6 | this Section shall not exceed the
amounts specified for the | |||||||||||||||||||||||||||||||||||||||||
7 | following fiscal years: | |||||||||||||||||||||||||||||||||||||||||
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18 | For fiscal year 2010, no road fund moneys shall be | |||||||||||||||||||||||||||||||||||||||||
19 | appropriated to the Secretary of State. | |||||||||||||||||||||||||||||||||||||||||
20 | Beginning in fiscal year 2011, moneys in the Road Fund | |||||||||||||||||||||||||||||||||||||||||
21 | shall be appropriated to the Secretary of State for the | |||||||||||||||||||||||||||||||||||||||||
22 | exclusive purpose of paying refunds due to overpayment of fees | |||||||||||||||||||||||||||||||||||||||||
23 | related to Chapter 3 of the Illinois Vehicle Code unless | |||||||||||||||||||||||||||||||||||||||||
24 | otherwise provided for by law. | |||||||||||||||||||||||||||||||||||||||||
25 | It shall not be lawful to circumvent this limitation on | |||||||||||||||||||||||||||||||||||||||||
26 | appropriations by
governmental reorganization or other |
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1 | methods. | ||||||
2 | No new program may be initiated in fiscal year 1991 and
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3 | thereafter that is not consistent with the limitations imposed | ||||||
4 | by this
Section for fiscal year 1984 and thereafter, insofar as | ||||||
5 | appropriation of
Road Fund monies is concerned. | ||||||
6 | Nothing in this Section prohibits transfers from the Road | ||||||
7 | Fund to the
State Construction Account Fund under Section 5e of | ||||||
8 | this Act; nor to the
General Revenue Fund, as authorized by | ||||||
9 | this amendatory Act of
the 93rd
General Assembly ; nor to the | ||||||
10 | Illiana Expressway Public Private Agreement Trust Fund, as | ||||||
11 | authorized by this amendatory act of the 98th General Assembly . | ||||||
12 | The additional amounts authorized for expenditure in this | ||||||
13 | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
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14 | shall be repaid to the Road Fund
from the General Revenue Fund | ||||||
15 | in the next succeeding fiscal year that the
General Revenue | ||||||
16 | Fund has a positive budgetary balance, as determined by
| ||||||
17 | generally accepted accounting principles applicable to | ||||||
18 | government. | ||||||
19 | The additional amounts authorized for expenditure by the | ||||||
20 | Secretary of State
and
the Department of State Police in this | ||||||
21 | Section by this amendatory Act of the
94th General Assembly | ||||||
22 | shall be repaid to the Road Fund from the General Revenue Fund | ||||||
23 | in the
next
succeeding fiscal year that the General Revenue | ||||||
24 | Fund has a positive budgetary
balance,
as determined by | ||||||
25 | generally accepted accounting principles applicable to
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26 | government. |
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1 | (Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24, | ||||||
2 | eff. 6-19-13.) | ||||||
3 | Section 10. The Public Private Agreements for the Illiana | ||||||
4 | Expressway Act is amended by changing Sections 20, 25, 40, and | ||||||
5 | 47 and by adding Section 131 as follows: | ||||||
6 | (605 ILCS 130/20)
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7 | Sec. 20. Procurement; request for proposals process. | ||||||
8 | (a) Notwithstanding any provision of law to the contrary, | ||||||
9 | the Department on behalf of the State shall select a contractor | ||||||
10 | through a competitive request for proposals process governed by | ||||||
11 | the Illinois Procurement Code and rules adopted under that Code | ||||||
12 | and this Act. | ||||||
13 | (b) The competitive request for proposals process shall, at | ||||||
14 | a minimum, solicit statements of qualification and proposals | ||||||
15 | from offerors. | ||||||
16 | (c) The competitive request for proposals process shall, at | ||||||
17 | a 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.
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12 | (d) The Department shall retain the services of an advisor | ||||||
13 | or advisors with significant experience in the development, | ||||||
14 | financing, construction, management, or operation of public | ||||||
15 | assets to assist in the preparation of the request for | ||||||
16 | proposals. | ||||||
17 | (e) The Department shall not include terms in the request | ||||||
18 | for proposals that provide an advantage, whether directly or | ||||||
19 | indirectly, to any contractor presently providing goods, | ||||||
20 | services, or equipment to the Department. | ||||||
21 | (f) The Department shall select at least 2 offerors as | ||||||
22 | finalists. The Department shall submit all the offerors' | ||||||
23 | statements of qualification and proposals to the Commission on | ||||||
24 | Government Forecasting and Accountability and the Procurement | ||||||
25 | Policy Board, which shall, within 30 days of the submission, | ||||||
26 | complete a review of the statements of qualification and |
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1 | proposals and, jointly or separately, report on, at a minimum, | ||||||
2 | the satisfaction of the criteria contained in the request for | ||||||
3 | proposals, the qualifications of the offerors, and the value of | ||||||
4 | the proposals to the State. The Department shall not select an | ||||||
5 | offeror as the contractor for the Illiana Expressway project | ||||||
6 | until it has received and considered the findings of the | ||||||
7 | Commission on Government Forecasting and Accountability and | ||||||
8 | the Procurement Policy Board as set forth in their respective | ||||||
9 | reports. | ||||||
10 | (g) Before awarding a public private agreement to an | ||||||
11 | offeror, the Department shall schedule and hold a public | ||||||
12 | hearing or hearings on the proposed public private agreement | ||||||
13 | and publish notice of the hearing or hearings at least 7 days | ||||||
14 | before the hearing and in accordance with Section 4-219 of the | ||||||
15 | Illinois 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 | ||||||
25 | heard on the subject of the hearing. | ||||||
26 | (h) After the procedures required in this Section have been |
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1 | completed, the Department shall make a determination as to | ||||||
2 | whether the offeror should be designated as the contractor for | ||||||
3 | the Illiana Expressway project and shall submit the decision to | ||||||
4 | the Governor and to the Governor's Office of Management and | ||||||
5 | Budget. After review of the Department's determination, the | ||||||
6 | Governor may accept or reject the determination. If the | ||||||
7 | Governor accepts the determination of the Department, the | ||||||
8 | Governor shall designate the offeror for the Illiana Expressway | ||||||
9 | project.
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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 )
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13 | Sec. 25. Provisions of the public private agreement. | ||||||
14 | (a) The public private agreement shall include all of the | ||||||
15 | following: | ||||||
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; |
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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 | ||||||
13 | the 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 |
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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.
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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 | ||||||
13 | following: | ||||||
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; |
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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 |
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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; |
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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; |
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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 | ||||||
13 | the 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 |
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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.
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9 | (c) The public private agreement shall contain a | ||||||
10 | conspicuous statement to the following effect: (i) neither the | ||||||
11 | State, the Department, or any other State agency, political | ||||||
12 | corporation, or political subdivision of the State, is | ||||||
13 | obligated to make payments under the public private agreement | ||||||
14 | except as provided by this Act and by Sections 6z-100 and 8.3 | ||||||
15 | of the State Finance Act; and (ii) neither the faith and credit | ||||||
16 | of the State, the Department, or any other State agency, | ||||||
17 | political corporation, or political subdivision of the State is | ||||||
18 | pledged to any of the payments required under the public | ||||||
19 | private agreement. | ||||||
20 | (Source: P.A. 97-808, eff. 7-13-12; 98-595, eff. 6-1-14.) | ||||||
21 | (605 ILCS 130/40)
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22 | Sec. 40. Public private agreement proceeds ; deposit of user | ||||||
23 | fees . After the payment of all transaction costs, including | ||||||
24 | payments for legal, accounting, financial, consultation, and | ||||||
25 | other professional services, all moneys received by the State |
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1 | as compensation for the public private agreement shall be | ||||||
2 | deposited into the Illiana Expressway Proceeds Fund, which is | ||||||
3 | hereby created as a special fund in the State treasury. In | ||||||
4 | addition, all user fees shall be deposited into the Illiana | ||||||
5 | Expressway Proceeds Fund. Expenditures may be made from the | ||||||
6 | Fund only in the manner as appropriated by the General Assembly | ||||||
7 | by law.
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8 | (Source: P.A. 96-913, eff. 6-9-10.) | ||||||
9 | (605 ILCS 130/47)
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10 | Sec. 47. Selection of professional design firms. | ||||||
11 | Notwithstanding any provision of law to the contrary, the | ||||||
12 | selection of professional design firms by the Department or the | ||||||
13 | contractor shall comply with the Architectural, Engineering, | ||||||
14 | and Land Surveying Qualifications Based Selection Act.
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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 | ||||||
19 | agreement a provision authorizing a binding dispute resolution | ||||||
20 | process consistent with the Uniform Arbitration Act for any | ||||||
21 | claim or controversy subsequently arising out of the public | ||||||
22 | private agreement and the Department may agree to be bound by | ||||||
23 | this binding dispute resolution process. | ||||||
24 | (b) Any award against the Department made under the binding |
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1 | dispute resolution process shall be paid only upon | ||||||
2 | appropriation by the General Assembly. | ||||||
3 | (c) The Court of Claims has no jurisdiction concerning any | ||||||
4 | claims or controversy arising under the public private | ||||||
5 | agreement that are the subject of the binding dispute | ||||||
6 | resolution process described in subsection (a) of this Section.
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7 | Section 95. No acceleration or delay. Where this Act makes | ||||||
8 | changes in a statute that is represented in this Act by text | ||||||
9 | that is not yet or no longer in effect (for example, a Section | ||||||
10 | represented by multiple versions), the use of that text does | ||||||
11 | not accelerate or delay the taking effect of (i) the changes | ||||||
12 | made by this Act or (ii) provisions derived from any other | ||||||
13 | Public Act. | ||||||
14 | Section 97. Severability. The provisions of this Act are | ||||||
15 | severable under Section 1.31 of the Statute on Statutes. | ||||||
16 | Section 999. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
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