Full Text of HB3456 103rd General Assembly
HB3456sam001 103RD GENERAL ASSEMBLY | Sen. Terri Bryant Filed: 4/21/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3456
| 2 | | AMENDMENT NO. ______. Amend House Bill 3456 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Department of Natural Resources World Shooting and | 6 | | Recreational Complex Act. | 7 | | Section 5. Legislative intent. The General Assembly finds | 8 | | that authorizing the Department of Natural Resources to enter | 9 | | into a public-private partnership will allow the World | 10 | | Shooting and Recreational Complex to become a fully | 11 | | reactivated space in a timely manner and is in the best | 12 | | interest of the State and the local community. | 13 | | Section 10. Definitions. | 14 | | "Contractor" means a person who has been selected to enter | 15 | | or has entered into a public-private agreement with the |
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| 1 | | Department on behalf of the State for the development, | 2 | | financing, management, or operation of the World Shooting and | 3 | | Recreational Complex pursuant to this Act. | 4 | | "Department" means the Department of Natural Resources. | 5 | | "Director" means the Director of Natural Resources. | 6 | | "Maintain" or "maintenance" includes ordinary maintenance, | 7 | | repair, rehabilitation, capital maintenance, replacement, and | 8 | | any other categories of maintenance that may be designated by | 9 | | the Department. | 10 | | "Offeror" means a person who responds to a request for | 11 | | proposals under this Act. | 12 | | "Operate" or "operation" means to do one or more of the | 13 | | following: maintain, improve, equip, modify, or otherwise | 14 | | operate. | 15 | | "Person" means any individual, firm, association, joint | 16 | | venture, partnership, estate, trust, syndicate, fiduciary, | 17 | | corporation, or any other legal entity, group, or combination | 18 | | thereof. | 19 | | "Public-private agreement" means an agreement or contract | 20 | | between the Department and the contractor on behalf of the | 21 | | State and all schedules, exhibits, and attachments thereto, | 22 | | entered into pursuant to a competitive request for proposals | 23 | | process governed by this Act, for the financing, management | 24 | | and operation of the World Shooting and Recreational Complex | 25 | | under this Act. | 26 | | "Revenues" means all revenues including, but not limited |
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| 1 | | to, income, user fees, earnings, interest, lease payments, | 2 | | allocations, moneys from the federal government, the State, | 3 | | and units of local government, including, but not limited to, | 4 | | federal, State, and local appropriations, grants, loans, lines | 5 | | of credit, and credit guarantees; bond proceeds; equity, | 6 | | investments; service payments; or other receipts arising out | 7 | | of or in connection with the financing, development, | 8 | | management, or operation of the World Shooting and | 9 | | Recreational Complex. | 10 | | "World Shooting and Recreational Complex" means real | 11 | | property in Sparta, Illinois consisting of approximately 1,620 | 12 | | acres including a 117-acre lake, over 1,000 camping sites, 120 | 13 | | trap houses, 2 sporting clays courses, 24 combination trap | 14 | | skeet fields, cowboy action shooting area, vendor mall, and | 15 | | restaurant. | 16 | | Section 15. Authority to enter public-private agreement. | 17 | | Notwithstanding any provision of law to the contrary, the | 18 | | Department on behalf of the State may enter into a | 19 | | public-private agreement to develop, finance, lease, manage, | 20 | | and operate the World Shooting and Recreational Complex on | 21 | | behalf of the State, pursuant to which the contractors may | 22 | | receive certain revenues, including management or user fees in | 23 | | consideration of the payment of moneys to the State for that | 24 | | right. |
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| 1 | | Section 20. Engagement prior to request for proposals. The | 2 | | Director or the Director's designee may, prior to soliciting | 3 | | requests for proposals, enter into discussions with interested | 4 | | persons in order to assess existing market conditions and | 5 | | demands, provided that no such interested persons shall have | 6 | | any role in drafting any request for proposals, nor shall any | 7 | | request for proposal be provided to any interested person | 8 | | prior to its general public distribution. The Director may | 9 | | issue a request for qualifications that requests interested | 10 | | persons to provide such information as the Director deems | 11 | | necessary in order to evaluate the qualifications of such | 12 | | interested persons. This may include, but is not limited to, | 13 | | the ability of interested persons to acquire the property, as | 14 | | determined by the Director. Such engagement and discussions | 15 | | with interested persons are exempt from Section 50-10.5, | 16 | | 50-39, 50-40, 50-45, 50-50 of the Illinois Procurement Code. | 17 | | Section 25. Requests for proposals. If requests for | 18 | | proposals are made by the Department, the Department shall | 19 | | comply with the competitive request for proposals process | 20 | | under Article 20 of the Illinois Procurement Code, rules | 21 | | adopted under that Code, and this Act. | 22 | | Section 30. Request for proposal process. | 23 | | (a) The Department on behalf of the State may select a | 24 | | contractor through a competitive request for proposals process |
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| 1 | | under Article 20 of the Illinois Procurement Code and rules | 2 | | adopted under that Article of the Code. | 3 | | (b) The competitive request for proposals process shall | 4 | | solicit statements of qualification and proposals from | 5 | | offerors. | 6 | | (c) In addition to any requirements under Article 20 of | 7 | | the Illinois Procurement Code, the competitive request for | 8 | | proposals process may take into account the following | 9 | | criteria: | 10 | | (1) the offeror's plans for the World Shooting and | 11 | | Recreational Complex project; | 12 | | (2) the offeror's current and past business practices; | 13 | | and | 14 | | (3) the offeror's poor or inadequate past performance | 15 | | in developing, financing, constructing, managing, or | 16 | | operating other historic landmark properties or other | 17 | | public assets. | 18 | | Section 35. Provisions of the public-private agreement. | 19 | | (a) The public-private agreement may include, but is not | 20 | | limited to, the following: | 21 | | (1) the powers, duties, responsibilities, obligations, | 22 | | and functions of the Department and the contractor; | 23 | | (2) compensation or payments to the Department, if | 24 | | applicable; | 25 | | (3) compensation or payments to the contractor, if |
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| 1 | | applicable; | 2 | | (4) a provision specifying that the Department: | 3 | | (A) has ready access to information regarding the | 4 | | contractor's powers, duties, responsibilities, | 5 | | obligations, and functions under the public-private | 6 | | agreement; | 7 | | (B) has the right to demand and receive | 8 | | information from the contractor concerning any aspect | 9 | | of the contractor's powers, duties, responsibilities, | 10 | | obligations, and functions under the public-private | 11 | | agreement; and | 12 | | (C) has the authority to direct or countermand | 13 | | decisions by the contractor at any time. | 14 | | (5) the authority of the contractor to impose user | 15 | | fees and the amounts of those fees; | 16 | | (6) a provision governing the deposit and allocation | 17 | | of revenues including user fees; | 18 | | (7) a provision governing rights to real and personal | 19 | | property of the State, the Department, the contractor, and | 20 | | other third parties; | 21 | | (8) rights and remedies of the Department if the | 22 | | contractor defaults or otherwise fails to comply with the | 23 | | terms of the agreement; and | 24 | | (9) all other terms, conditions, and provisions | 25 | | acceptable to the Department that the Department deems | 26 | | necessary and proper and in the public interest. |
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| 1 | | Section 40. Term of agreement; Reversion of property to | 2 | | the Department. | 3 | | (a) The term of any public-private agreement shall be no | 4 | | less than 25 years and no more than 99 years. | 5 | | (b) The Department may terminate the contractor's | 6 | | authority and duties under the public-private agreement on the | 7 | | date set forth in the public-private agreement. The Department | 8 | | may also terminate the public-private agreement pursuant to | 9 | | any clause or condition as set forth in the public-private | 10 | | agreement. | 11 | | (c) Upon termination of the public-private agreement, the | 12 | | authority, and duties of the contractor under this Act cease, | 13 | | except for those duties and obligations that extend beyond the | 14 | | termination, as set forth in the public-private agreement, and | 15 | | all interests in the World Shooting and Recreational Complex | 16 | | shall revert to the Department.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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