Illinois General Assembly - Full Text of SB2365
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Full Text of SB2365  98th General Assembly




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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Public Private Agreements for the Illiana
5Expressway Act is amended by changing Section 25 as follows:
6    (605 ILCS 130/25)
7    Sec. 25. Provisions of the public private agreement.
8    (a) The public private agreement shall include all of the
10        (1) The term of the public private agreement that is
11    consistent with Section 15 of this Act;
12        (2) The powers, duties, responsibilities, obligations,
13    and functions of the Department and the contractor;
14        (3) Compensation or payments to the Department, if
15    applicable;
16        (4) Compensation or payments to the contractor;
17        (5) A provision specifying that the Department:
18            (A) has ready access to information regarding the
19        contractor's powers, duties, responsibilities,
20        obligations, and functions under the public private
21        agreement;
22            (B) has the right to demand and receive information
23        from the contractor concerning any aspect of the



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1        contractor's powers, duties, responsibilities,
2        obligations, and functions under the public private
3        agreement; and
4            (C) has the authority to direct or countermand
5        decisions by the contractor at any time;
6        (6) A provision imposing an affirmative duty on the
7    contractor to provide the Department with any information
8    the contractor reasonably believes the Department would
9    want to know or would need to know to enable the Department
10    to exercise its powers, carry out its duties,
11    responsibilities, and obligations, and perform its
12    functions under this Act or the public private agreement or
13    as otherwise required by law;
14        (7) A provision requiring the contractor to provide the
15    Department with advance notice of any decision that bears
16    significantly on the public interest so the Department has
17    a reasonable opportunity to evaluate and countermand that
18    decision pursuant to this Section;
19        (8) A requirement that the Department monitor and
20    oversee the contractor's practices and take action that the
21    Department considers appropriate to ensure that the
22    contractor is in compliance with the terms of the public
23    private agreement;
24        (9) The authority of the Department to enter into
25    contracts with third parties pursuant to Section 50 of this
26    Act;



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1        (10) A provision governing the contractor's authority
2    to negotiate and execute subcontracts with third parties;
3        (10.5) A provision stating that, in the event that the
4    contractor does not have a subcontract with a design-build
5    entity in effect at the time of execution of the
6    public-private agreement by the Department, the contractor
7    must the contractor finds it necessary, proper, or
8    desirable to enter into subcontracts with one or more
9    design-build entities, then it must follow a selection
10    process that is, to the greatest extent possible, identical
11    to the selection process contained in the Design-Build
12    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
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



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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.
9(Source: P.A. 96-913, eff. 6-9-10; 97-808, eff. 7-13-12.)