Illinois General Assembly - Full Text of HB3456
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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,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Department of Natural Resources World Shooting and
7Recreational Complex Act.
 
8    Section 5. Legislative intent. The General Assembly finds
9that authorizing the Department of Natural Resources to enter
10into a public-private partnership will allow the World
11Shooting and Recreational Complex to become a fully
12reactivated space in a timely manner and is in the best
13interest 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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1or has entered into a public-private agreement with the
2Department on behalf of the State for the development,
3financing, management, or operation of the World Shooting and
4Recreational 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,
8repair, rehabilitation, capital maintenance, replacement, and
9any other categories of maintenance that may be designated by
10the Department.
11    "Offeror" means a person who responds to a request for
12proposals under this Act.
13    "Operate" or "operation" means to do one or more of the
14following: maintain, improve, equip, modify, or otherwise
15operate.
16    "Person" means any individual, firm, association, joint
17venture, partnership, estate, trust, syndicate, fiduciary,
18corporation, or any other legal entity, group, or combination
19thereof.
20    "Public-private agreement" means an agreement or contract
21between the Department and the contractor on behalf of the
22State and all schedules, exhibits, and attachments thereto,
23entered into pursuant to a competitive request for proposals
24process governed by this Act, for the financing, management
25and operation of the World Shooting and Recreational Complex
26under this Act.

 

 

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1    "Revenues" means all revenues, including, but not limited
2to, income, user fees, earnings, interest, lease payments,
3allocations, moneys from the federal government, the State,
4and units of local government, including, but not limited to,
5federal, State, and local appropriations, grants, loans, lines
6of credit, and credit guarantees; bond proceeds; equity
7investments; service payments; or other receipts arising out
8of or in connection with the financing, development,
9management, or operation of the World Shooting and
10Recreational Complex.
11    "World Shooting and Recreational Complex" means real
12property in Sparta, Illinois, consisting of approximately
131,620 acres including a 117-acre lake, over 1,000 camping
14sites, 120 trap houses, 2 sporting clays courses, 24
15combination trap skeet fields, a cowboy action shooting area,
16a vendor mall, and a restaurant.
 
17    Section 15. Authority to enter public-private agreement.
18Notwithstanding any provision of law to the contrary, the
19Department, on behalf of the State, may enter into a
20public-private agreement to develop, finance, lease, manage,
21and operate the World Shooting and Recreational Complex on
22behalf of the State, pursuant to which the contractors may
23receive certain revenues, including management or user fees in
24consideration of the payment of moneys to the State for that
25right.
 

 

 

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1    Section 20. Engagement prior to request for proposals. The
2Director or the Director's designee may, prior to soliciting
3requests for proposals, enter into discussions with interested
4persons in order to assess existing market conditions and
5demands, provided that no such interested persons shall have
6any role in drafting any request for proposals, nor shall any
7request for proposal be provided to any interested person
8prior to its general public distribution. The Director may
9issue a request for qualifications that requests interested
10persons to provide such information as the Director deems
11necessary in order to evaluate the qualifications of such
12interested persons. This may include, but is not limited to,
13the ability of interested persons to acquire the property, as
14determined by the Director. Such engagement and discussions
15with interested persons are exempt from Sections 50-10.5,
1650-39, 50-40, 50-45, and 50-50 of the Illinois Procurement
17Code.
 
18    Section 25. Requests for proposals. If requests for
19proposals are made by the Department, the Department shall
20comply with the competitive request for proposals process
21under Article 20 of the Illinois Procurement Code, rules
22adopted 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
2contractor through a competitive request for proposals process
3under Article 20 of the Illinois Procurement Code and rules
4adopted under that Article of the Code.
5    (b) The competitive request for proposals process shall
6solicit statements of qualification and proposals from
7offerors.
8    (c) In addition to any requirements under Article 20 of
9the Illinois Procurement Code, the competitive request for
10proposals process may take into account the following
11criteria:
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
22limited 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
5Shooting and Recreational Complex pertaining to the building,
6altering, repairing, maintaining, improving, or demolishing of
7the Complex shall require the contractor and all
8subcontractors to comply with the requirements of Section
930-22 of the Illinois Procurement Code as they apply to
10responsible bidders, including, but not limited to, all
11applicable provisions of the Prevailing Wage Act, and to
12present satisfactory evidence of that compliance to the
13Department, unless the project is federally funded and the
14application of those requirements would jeopardize the receipt
15or use of federal funds in support of the project.
16    (b) A public-private agreement related to the World
17Shooting and Recreational Complex pertaining to the building,
18altering, repairing, maintaining, improving, or demolishing
19the Complex shall require the contractor and all
20subcontractors to enter into a project labor agreement used by
21the Capital Development Board.
 
22    Section 45. Term of agreement; reversion of property to
23the Department.
24    (a) The term of any public-private agreement entered into

 

 

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1under this Act shall be no less than 25 years and no more than
299 years.
3    (b) The Department may terminate the contractor's
4authority and duties under the public-private agreement on the
5date set forth in the public-private agreement. The Department
6may also terminate the public-private agreement pursuant to
7any clause or condition as set forth in the public-private
8agreement.
9    (c) Upon termination of the public-private agreement, the
10authority, and duties of the contractor under this Act cease,
11except for those duties and obligations that extend beyond the
12termination, as set forth in the public-private agreement, and
13all interests in the World Shooting and Recreational Complex
14shall revert to the Department.
 
15    Section 50. The Prevailing Wage Act is amended by changing
16Section 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,
19mechanics and other workers employed in any public works, as
20hereinafter defined, by any public body and to anyone under
21contracts for public works. This includes any maintenance,
22repair, assembly, or disassembly work performed on equipment
23whether owned, leased, or rented.
24    As used in this Act, unless the context indicates

 

 

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1otherwise:
2    "Public works" means all fixed works constructed or
3demolished by any public body, or paid for wholly or in part
4out of public funds. "Public works" as defined herein includes
5all projects financed in whole or in part with bonds, grants,
6loans, or other funds made available by or through the State or
7any of its political subdivisions, including but not limited
8to: bonds issued under the Industrial Project Revenue Bond Act
9(Article 11, Division 74 of the Illinois Municipal Code), the
10Industrial Building Revenue Bond Act, the Illinois Finance
11Authority Act, the Illinois Sports Facilities Authority Act,
12or the Build Illinois Bond Act; loans or other funds made
13available pursuant to the Build Illinois Act; loans or other
14funds made available pursuant to the Riverfront Development
15Fund under Section 10-15 of the River Edge Redevelopment Zone
16Act; or funds from the Fund for Illinois' Future under Section
176z-47 of the State Finance Act, funds for school construction
18under Section 5 of the General Obligation Bond Act, funds
19authorized under Section 3 of the School Construction Bond
20Act, funds for school infrastructure under Section 6z-45 of
21the State Finance Act, and funds for transportation purposes
22under Section 4 of the General Obligation Bond Act. "Public
23works" also includes (i) all projects financed in whole or in
24part with funds from the Environmental Protection Agency under
25the Illinois Renewable Fuels Development Program Act for which
26there is no project labor agreement; (ii) all work performed

 

 

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1pursuant to a public private agreement under the Public
2Private Agreements for the Illiana Expressway Act or the
3Public-Private Agreements for the South Suburban Airport Act;
4(iii) all projects undertaken under a public-private agreement
5under the Public-Private Partnerships for Transportation Act
6or the Department of Natural Resources World Shooting and
7Recreational Complex Act; and (iv) all transportation
8facilities undertaken under a design-build contract or a
9Construction Manager/General Contractor contract under the
10Innovations for Transportation Infrastructure Act. "Public
11works" also includes all projects at leased facility property
12used for airport purposes under Section 35 of the Local
13Government Facility Lease Act. "Public works" also includes
14the construction of a new wind power facility by a business
15designated as a High Impact Business under Section
165.5(a)(3)(E) and the construction of a new utility-scale solar
17power facility by a business designated as a High Impact
18Business under Section 5.5(a)(3)(E-5) of the Illinois
19Enterprise Zone Act. "Public works" also includes electric
20vehicle charging station projects financed pursuant to the
21Electric Vehicle Act and renewable energy projects required to
22pay the prevailing wage pursuant to the Illinois Power Agency
23Act. "Public works" does not include work done directly by any
24public utility company, whether or not done under public
25supervision or direction, or paid for wholly or in part out of
26public funds. "Public works" also includes construction

 

 

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1projects performed by a third party contracted by any public
2utility, as described in subsection (a) of Section 2.1, in
3public rights-of-way, as defined in Section 21-201 of the
4Public Utilities Act, whether or not done under public
5supervision or direction, or paid for wholly or in part out of
6public funds. "Public works" also includes construction
7projects that exceed 15 aggregate miles of new fiber optic
8cable, performed by a third party contracted by any public
9utility, as described in subsection (b) of Section 2.1, in
10public rights-of-way, as defined in Section 21-201 of the
11Public Utilities Act, whether or not done under public
12supervision or direction, or paid for wholly or in part out of
13public funds. "Public works" also includes any corrective
14action performed pursuant to Title XVI of the Environmental
15Protection Act for which payment from the Underground Storage
16Tank Fund is requested. "Public works" does not include
17projects undertaken by the owner at an owner-occupied
18single-family residence or at an owner-occupied unit of a
19multi-family residence. "Public works" does not include work
20performed for soil and water conservation purposes on
21agricultural lands, whether or not done under public
22supervision or paid for wholly or in part out of public funds,
23done directly by an owner or person who has legal control of
24those lands.
25    "Construction" means all work on public works involving
26laborers, workers or mechanics. This includes any maintenance,

 

 

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1repair, assembly, or disassembly work performed on equipment
2whether owned, leased, or rented.
3    "Locality" means the county where the physical work upon
4public works is performed, except (1) that if there is not
5available in the county a sufficient number of competent
6skilled laborers, workers and mechanics to construct the
7public works efficiently and properly, "locality" includes any
8other county nearest the one in which the work or construction
9is to be performed and from which such persons may be obtained
10in sufficient numbers to perform the work and (2) that, with
11respect to contracts for highway work with the Department of
12Transportation of this State, "locality" may at the discretion
13of the Secretary of the Department of Transportation be
14construed to include two or more adjacent counties from which
15workers may be accessible for work on such construction.
16    "Public body" means the State or any officer, board or
17commission of the State or any political subdivision or
18department thereof, or any institution supported in whole or
19in part by public funds, and includes every county, city,
20town, village, township, school district, irrigation, utility,
21reclamation improvement or other district and every other
22political subdivision, district or municipality of the state
23whether such political subdivision, municipality or district
24operates under a special charter or not.
25    "Labor organization" means an organization that is the
26exclusive representative of an employer's employees recognized

 

 

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1or 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
4wages" when used in this Act mean the hourly cash wages plus
5annualized fringe benefits for training and apprenticeship
6programs approved by the U.S. Department of Labor, Bureau of
7Apprenticeship and Training, health and welfare, insurance,
8vacations and pensions paid generally, in the locality in
9which the work is being performed, to employees engaged in
10work of a similar character on public works.
11(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
12102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
136-15-22.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".