Full Text of HB3456 103rd General Assembly
HB3456sam002 103RD GENERAL ASSEMBLY | Sen. Terri Bryant Filed: 5/5/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3456
| 2 | | AMENDMENT NO. ______. Amend House Bill 3456, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Department of Natural Resources World Shooting and | 7 | | Recreational Complex Act. | 8 | | Section 5. Legislative intent. The General Assembly finds | 9 | | that authorizing the Department of Natural Resources to enter | 10 | | into a public-private partnership will allow the World | 11 | | Shooting and Recreational Complex to become a fully | 12 | | reactivated space in a timely manner and is in the best | 13 | | interest of the State and the local community. | 14 | | Section 10. Definitions. | 15 | | "Contractor" means a person who has been selected to enter |
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| 1 | | or has entered into a public-private agreement with the | 2 | | Department on behalf of the State for the development, | 3 | | financing, management, or operation of the World Shooting and | 4 | | Recreational Complex pursuant to this Act. | 5 | | "Department" means the Department of Natural Resources. | 6 | | "Director" means the Director of Natural Resources. | 7 | | "Maintain" or "maintenance" includes ordinary maintenance, | 8 | | repair, rehabilitation, capital maintenance, replacement, and | 9 | | any other categories of maintenance that may be designated by | 10 | | the Department. | 11 | | "Offeror" means a person who responds to a request for | 12 | | proposals under this Act. | 13 | | "Operate" or "operation" means to do one or more of the | 14 | | following: maintain, improve, equip, modify, or otherwise | 15 | | operate. | 16 | | "Person" means any individual, firm, association, joint | 17 | | venture, partnership, estate, trust, syndicate, fiduciary, | 18 | | corporation, or any other legal entity, group, or combination | 19 | | thereof. | 20 | | "Public-private agreement" means an agreement or contract | 21 | | between the Department and the contractor on behalf of the | 22 | | State and all schedules, exhibits, and attachments thereto, | 23 | | entered into pursuant to a competitive request for proposals | 24 | | process governed by this Act, for the financing, management | 25 | | and operation of the World Shooting and Recreational Complex | 26 | | under this Act. |
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| 1 | | "Revenues" means all revenues, including, but not limited | 2 | | to, income, user fees, earnings, interest, lease payments, | 3 | | allocations, moneys from the federal government, the State, | 4 | | and units of local government, including, but not limited to, | 5 | | federal, State, and local appropriations, grants, loans, lines | 6 | | of credit, and credit guarantees; bond proceeds; equity | 7 | | investments; service payments; or other receipts arising out | 8 | | of or in connection with the financing, development, | 9 | | management, or operation of the World Shooting and | 10 | | Recreational Complex. | 11 | | "World Shooting and Recreational Complex" means real | 12 | | property in Sparta, Illinois, consisting of approximately | 13 | | 1,620 acres including a 117-acre lake, over 1,000 camping | 14 | | sites, 120 trap houses, 2 sporting clays courses, 24 | 15 | | combination trap skeet fields, a cowboy action shooting area, | 16 | | a vendor mall, and a restaurant. | 17 | | Section 15. Authority to enter public-private agreement. | 18 | | Notwithstanding any provision of law to the contrary, the | 19 | | Department, on behalf of the State, may enter into a | 20 | | public-private agreement to develop, finance, lease, manage, | 21 | | and operate the World Shooting and Recreational Complex on | 22 | | behalf of the State, pursuant to which the contractors may | 23 | | receive certain revenues, including management or user fees in | 24 | | consideration of the payment of moneys to the State for that | 25 | | 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 Sections 50-10.5, | 16 | | 50-39, 50-40, 50-45, and 50-50 of the Illinois Procurement | 17 | | Code. | 18 | | Section 25. Requests for proposals. If requests for | 19 | | proposals are made by the Department, the Department shall | 20 | | comply with the competitive request for proposals process | 21 | | under Article 20 of the Illinois Procurement Code, rules | 22 | | adopted under that Code, and this Act. | 23 | | Section 30. Request for proposal process. |
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| 1 | | (a) The Department, on behalf of the State, may select a | 2 | | contractor through a competitive request for proposals process | 3 | | under Article 20 of the Illinois Procurement Code and rules | 4 | | adopted under that Article of the Code. | 5 | | (b) The competitive request for proposals process shall | 6 | | solicit statements of qualification and proposals from | 7 | | offerors. | 8 | | (c) In addition to any requirements under Article 20 of | 9 | | the Illinois Procurement Code, the competitive request for | 10 | | proposals process may take into account the following | 11 | | criteria: | 12 | | (1) the offeror's plans for the World Shooting and | 13 | | Recreational Complex project; | 14 | | (2) the offeror's current and past business practices; | 15 | | and | 16 | | (3) the offeror's poor or inadequate past performance | 17 | | in developing, financing, constructing, managing, or | 18 | | operating other historic landmark properties or other | 19 | | public assets. | 20 | | Section 35. Provisions of the public-private agreement. | 21 | | (a) The public-private agreement may include, but is not | 22 | | limited to, the following: | 23 | | (1) the powers, duties, responsibilities, obligations, | 24 | | and functions of the Department and the contractor; | 25 | | (2) compensation or payments to the Department, if |
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| 1 | | applicable; | 2 | | (3) compensation or payments to the contractor, if | 3 | | applicable; | 4 | | (4) a provision specifying that the Department: | 5 | | (A) has ready access to information regarding the | 6 | | contractor's powers, duties, responsibilities, | 7 | | obligations, and functions under the public-private | 8 | | agreement; | 9 | | (B) has the right to demand and receive | 10 | | information from the contractor concerning any aspect | 11 | | of the contractor's powers, duties, responsibilities, | 12 | | obligations, and functions under the public-private | 13 | | agreement; and | 14 | | (C) has the authority to direct or countermand | 15 | | decisions by the contractor at any time. | 16 | | (5) the authority of the contractor to impose user | 17 | | fees and the amounts of those fees; | 18 | | (6) a provision governing the deposit and allocation | 19 | | of revenues, including user fees; | 20 | | (7) a provision governing rights to real and personal | 21 | | property of the State, the Department, the contractor, and | 22 | | other third parties; | 23 | | (8) rights and remedies of the Department if the | 24 | | contractor defaults or otherwise fails to comply with the | 25 | | terms of the agreement; and | 26 | | (9) all other terms, conditions, and provisions |
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| 1 | | acceptable to the Department that the Department deems | 2 | | necessary and proper and in the public interest. | 3 | | Section 40. Labor. | 4 | | (a) A public-private agreement related to the World | 5 | | Shooting and Recreational Complex pertaining to the building, | 6 | | altering, repairing, maintaining, improving, or demolishing of | 7 | | the Complex shall require the contractor and all | 8 | | subcontractors to comply with the requirements of Section | 9 | | 30-22 of the Illinois Procurement Code as they apply to | 10 | | responsible bidders, including, but not limited to, all | 11 | | applicable provisions of the Prevailing Wage Act, and to | 12 | | present satisfactory evidence of that compliance to the | 13 | | Department, unless the project is federally funded and the | 14 | | application of those requirements would jeopardize the receipt | 15 | | or use of federal funds in support of the project. | 16 | | (b) A public-private agreement related to the World | 17 | | Shooting and Recreational Complex pertaining to the building, | 18 | | altering, repairing, maintaining, improving, or demolishing | 19 | | the Complex shall require the contractor and all | 20 | | subcontractors to enter into a project labor agreement used by | 21 | | the Capital Development Board. | 22 | | Section 45. Term of agreement; reversion of property to | 23 | | the Department. | 24 | | (a) The term of any public-private agreement entered into |
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| 1 | | under this Act shall be no less than 25 years and no more than | 2 | | 99 years. | 3 | | (b) The Department may terminate the contractor's | 4 | | authority and duties under the public-private agreement on the | 5 | | date set forth in the public-private agreement. The Department | 6 | | may also terminate the public-private agreement pursuant to | 7 | | any clause or condition as set forth in the public-private | 8 | | agreement. | 9 | | (c) Upon termination of the public-private agreement, the | 10 | | authority, and duties of the contractor under this Act cease, | 11 | | except for those duties and obligations that extend beyond the | 12 | | termination, as set forth in the public-private agreement, and | 13 | | all interests in the World Shooting and Recreational Complex | 14 | | shall revert to the Department.
| 15 | | Section 50. The Prevailing Wage Act is amended by changing | 16 | | Section 2 as follows:
| 17 | | (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
| 18 | | Sec. 2. This Act applies to the wages of laborers, | 19 | | mechanics and
other workers employed in any public works, as | 20 | | hereinafter defined, by
any public body and to anyone under | 21 | | contracts for public works. This includes any maintenance, | 22 | | repair, assembly, or disassembly work performed on equipment | 23 | | whether owned, leased, or rented.
| 24 | | As used in this Act, unless the context indicates |
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| 1 | | otherwise:
| 2 | | "Public works" means all fixed works constructed or | 3 | | demolished by
any public body,
or paid for wholly or in part | 4 | | out of public funds. "Public works" as
defined herein includes | 5 | | all projects financed in whole
or in part with bonds, grants, | 6 | | loans, or other funds made available by or through the State or | 7 | | any of its political subdivisions, including but not limited | 8 | | to: bonds issued under the Industrial Project Revenue Bond
Act | 9 | | (Article 11, Division 74 of the Illinois Municipal Code), the | 10 | | Industrial
Building Revenue Bond Act, the Illinois Finance | 11 | | Authority Act,
the Illinois Sports Facilities Authority Act, | 12 | | or the Build Illinois Bond Act; loans or other funds made
| 13 | | available pursuant to the Build Illinois Act; loans or other | 14 | | funds made available pursuant to the Riverfront Development | 15 | | Fund under Section 10-15 of the River Edge Redevelopment Zone | 16 | | Act; or funds from the Fund for
Illinois' Future under Section | 17 | | 6z-47 of the State Finance Act, funds for school
construction | 18 | | under Section 5 of the General Obligation Bond Act, funds
| 19 | | authorized under Section 3 of the School Construction Bond | 20 | | Act, funds for
school infrastructure under Section 6z-45 of | 21 | | the State Finance Act, and funds
for transportation purposes | 22 | | under Section 4 of the General Obligation Bond
Act. "Public | 23 | | works" also includes (i) all projects financed in whole or in | 24 | | part
with funds from the Environmental Protection Agency under | 25 | | the Illinois Renewable Fuels Development Program
Act for which | 26 | | there is no project labor agreement; (ii) all work performed |
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| 1 | | pursuant to a public private agreement under the Public | 2 | | Private Agreements for the Illiana Expressway Act or the | 3 | | Public-Private Agreements for the South Suburban Airport Act; | 4 | | (iii) all projects undertaken under a public-private agreement | 5 | | under the Public-Private Partnerships for Transportation Act | 6 | | or the Department of Natural Resources World Shooting and | 7 | | Recreational Complex Act ; and (iv) all transportation | 8 | | facilities undertaken under a design-build contract or a | 9 | | Construction Manager/General Contractor contract under the | 10 | | Innovations for Transportation Infrastructure Act. "Public | 11 | | works" also includes all projects at leased facility property | 12 | | used for airport purposes under Section 35 of the Local | 13 | | Government Facility Lease Act. "Public works" also includes | 14 | | the construction of a new wind power facility by a business | 15 | | designated as a High Impact Business under Section | 16 | | 5.5(a)(3)(E) and the construction of a new utility-scale solar | 17 | | power facility by a business designated as a High Impact | 18 | | Business under Section 5.5(a)(3)(E-5) of the Illinois | 19 | | Enterprise Zone Act.
"Public works" also includes electric | 20 | | vehicle charging station projects financed pursuant to the | 21 | | Electric Vehicle Act and renewable energy projects required to | 22 | | pay the prevailing wage pursuant to the Illinois Power Agency | 23 | | Act. "Public works" does not include work done directly by any | 24 | | public utility company, whether or not done under public | 25 | | supervision or direction, or paid for wholly or in part out of | 26 | | public funds. "Public works" also includes construction |
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| 1 | | projects performed by a third party contracted by any public | 2 | | utility, as described in subsection (a) of Section 2.1, in | 3 | | public rights-of-way, as defined in Section 21-201 of the | 4 | | Public Utilities Act, whether or not done under public | 5 | | supervision or direction, or paid for wholly or in part out of | 6 | | public funds. "Public works" also includes construction | 7 | | projects that exceed 15 aggregate miles of new fiber optic | 8 | | cable, performed by a third party contracted by any public | 9 | | utility, as described in subsection (b) of Section 2.1, in | 10 | | public rights-of-way, as defined in Section 21-201 of the | 11 | | Public Utilities Act, whether or not done under public | 12 | | supervision or direction, or paid for wholly or in part out of | 13 | | public funds. "Public works" also includes any corrective | 14 | | action performed pursuant to Title XVI of the Environmental | 15 | | Protection Act for which payment from the Underground Storage | 16 | | Tank Fund is requested. "Public works" does not include | 17 | | projects undertaken by the owner at an owner-occupied | 18 | | single-family residence or at an owner-occupied unit of a | 19 | | multi-family residence. "Public works" does not include work | 20 | | performed for soil and water conservation purposes on | 21 | | agricultural lands, whether or not done under public | 22 | | supervision or paid for wholly or in part out of public funds, | 23 | | done directly by an owner or person who has legal control of | 24 | | those lands.
| 25 | | "Construction" means all work on public works involving | 26 | | laborers,
workers or mechanics. This includes any maintenance, |
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| 1 | | repair, assembly, or disassembly work performed on equipment | 2 | | whether owned, leased, or rented.
| 3 | | "Locality" means the county where the physical work upon | 4 | | public works
is performed, except (1) that if there is not | 5 | | available in the county a
sufficient number of competent | 6 | | skilled laborers, workers and mechanics
to construct the | 7 | | public works efficiently and properly, "locality"
includes any | 8 | | other county nearest the one in which the work or
construction | 9 | | is to be performed and from which such persons may be
obtained | 10 | | in sufficient numbers to perform the work and (2) that, with
| 11 | | respect to contracts for highway work with the Department of
| 12 | | Transportation of this State, "locality" may at the discretion | 13 | | of the
Secretary of the Department of Transportation be | 14 | | construed to include
two or more adjacent counties from which | 15 | | workers may be accessible for
work on such construction.
| 16 | | "Public body" means the State or any officer, board or | 17 | | commission of
the State or any political subdivision or | 18 | | department thereof, or any
institution supported in whole or | 19 | | in part by public funds,
and includes every county, city, | 20 | | town,
village, township, school district, irrigation, utility, | 21 | | reclamation
improvement or other district and every other | 22 | | political subdivision,
district or municipality of the state | 23 | | whether such political
subdivision, municipality or district | 24 | | operates under a special charter
or not.
| 25 | | "Labor organization" means an organization that is the | 26 | | exclusive representative of an
employer's employees recognized |
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| 1 | | or certified pursuant to the National Labor Relations Act. | 2 | | The terms "general prevailing rate of hourly wages", | 3 | | "general
prevailing rate of wages" or "prevailing rate of | 4 | | wages" when used in
this Act mean the hourly cash wages plus | 5 | | annualized fringe benefits for training and
apprenticeship | 6 | | programs approved by the U.S. Department of Labor, Bureau of
| 7 | | Apprenticeship and Training, health and welfare, insurance, | 8 | | vacations and
pensions paid generally, in the
locality in | 9 | | which the work is being performed, to employees engaged in
| 10 | | work of a similar character on public works.
| 11 | | (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21; | 12 | | 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff. | 13 | | 6-15-22.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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