Full Text of SB1900 102nd General Assembly
SB1900 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB1900 Introduced 2/26/2021, by Sen. John F. Curran SYNOPSIS AS INTRODUCED: |
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Creates the Public-Private Partnerships Act. Creates provisions addressing agreements between public and private entities; transparency between parties; oversight of projects; compliance with state and federal law; and fairness for local jurisdictions when negotiating public-private agreements. Adds provisions containing rules for the formation of an public-private partnership agreement; the establishment of the Infrastructure Investment Commission; the process for procuring contracts; the terms of a public-private partnership agreement; the creation of development and operation standards for projects; the taxation of contractors; financial arrangements; the insurance of debt by a responsible public entity; the acquisition of property; law enforcement; confidentiality of proposals; the maximum term of a public-private agreement; reversion of property to the State; powers of a responsible public entity with respect to qualifying projects; and prohibited local action. Makes a corresponding change in the Freedom of Information Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning public-private partnerships.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Article 1. General Provisions | 5 | | Section 1-1. Short title. This Act may be cited as the | 6 | | Public-Private Partnerships Act. | 7 | | Section 1-5. Public policy and legislative intent. | 8 | | (a) It is the public policy and the public purpose of the | 9 | | State of Illinois to promote the development, financing, and | 10 | | operation of facilities that serve the needs of the public. | 11 | | (b) Existing methods of procurement and financing of | 12 | | facilities by responsible public entities impose limitations | 13 | | on the methods by which facilities may be developed and | 14 | | operated within the State. | 15 | | (c) Authorizing private entities to do all or part of the | 16 | | development, planning, design, construction, maintenance, | 17 | | repair, rehabilitation, expansion, financing, and operation of | 18 | | one or more facilities may result in the availability of the | 19 | | facilities to the public in a more timely, more efficient, or | 20 | | less costly fashion, thereby serving the public safety and | 21 | | welfare. | 22 | | (d) Public-private agreements entered into by private |
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| 1 | | entities and responsible public entities under this Act shall | 2 | | allow for: | 3 | | (1) transparency, oversight, and public information | 4 | | sharing; | 5 | | (2) compliance with all State of Illinois and federal | 6 | | environmental laws; and | 7 | | (3) fairness for local jurisdictions when negotiating | 8 | | the public-private agreements. | 9 | | (e) It is the intent of this Act to use Illinois design | 10 | | professionals, construction companies, and workers to the | 11 | | greatest extent possible by offering them the right to compete | 12 | | for this work. | 13 | | (f) It is the intent of this Act to use minority and women | 14 | | business enterprises and economically disadvantaged firms to | 15 | | the greatest extent possible. | 16 | | (g) It is the intent of this Act to create jobs and provide | 17 | | training for those jobs for minorities, women, and veterans to | 18 | | the greatest extent possible. | 19 | | Section 1-10. Actions serving a public purpose. An action | 20 | | serves the public purpose of this Act if the action | 21 | | facilitates the timely development, planning, design, | 22 | | construction, maintenance, repair, rehabilitation, expansion, | 23 | | financing, or operation of a qualifying project. | 24 | | Section 1-15. Intent of Act. It is the intent of this Act |
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| 1 | | to: | 2 | | (a) encourage investment in the State of Illinois by | 3 | | private entities that facilitates the development, planning, | 4 | | design, construction, maintenance, repair, rehabilitation, | 5 | | expansion, financing, and operation of facilities; and | 6 | | (b) grant public and private entities the greatest | 7 | | possible flexibility in contracting with each other for the | 8 | | provision of the public services that are the subject of this | 9 | | Act. | 10 | | Section 1-20. Construction with other laws. The powers | 11 | | conferred by this Act shall be liberally construed in order to | 12 | | accomplish their purposes and are in addition and supplemental | 13 | | to the powers conferred by any other law. If any other law or | 14 | | rule is inconsistent with this Act, this Act is controlling as | 15 | | to any public-private agreement entered into under this Act. | 16 | | Section 1-25. Authority for agreements. | 17 | | This Act contains full and complete authority for agreements | 18 | | and leases with private entities to carry out the activities | 19 | | described in this Act. Except as provided in this Act, no | 20 | | procedure, proceeding, publication, notice, consent, approval, | 21 | | order, or act by a responsible public entity or any other State | 22 | | or local government or official is required to enter into an | 23 | | agreement or lease, and no law to the contrary affects, | 24 | | limits, or diminishes the authority for agreements and leases |
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| 1 | | with private entities. | 2 | | Section 1-30. Carrying out laws outside of Act. To the | 3 | | extent that this Act permits or requires a responsible public | 4 | | entity or a private entity to carry out or comply with any law | 5 | | other than this Act under a public-private agreement, the | 6 | | action shall be carried out in conformity with this Act. | 7 | | Section 1-35. Definitions. As used in this Act: | 8 | | "Affected jurisdiction" means the following: | 9 | | (1) Any county, municipality, township, special | 10 | | district, or unit designated as a unit of local government | 11 | | by law in which all or a part of a qualifying project is | 12 | | located. | 13 | | (2) Any other public entity directly affected by the | 14 | | qualifying project. | 15 | | "Authority" means the Illinois State Toll Highway | 16 | | Authority. | 17 | | "Contractor" means a private entity that has entered into | 18 | | a public-private agreement with the responsible public entity | 19 | | to provide services to or on behalf of the responsible public | 20 | | entity. | 21 | | "Department" means the Illinois Department of | 22 | | Transportation. | 23 | | "Design-build agreement" means the agreement between the | 24 | | selected private entity and the responsible public entity |
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| 1 | | under which the selected private entity agrees to furnish | 2 | | design, construction, and related services for a facility | 3 | | under this Act. | 4 | | "Develop" or "development" means to do one or more of the | 5 | | following: plan, design, develop, lease, acquire, install, | 6 | | construct, reconstruct, rehabilitate, extend, or expand. | 7 | | "Facility" means: | 8 | | (1) A facility or project that serves a public | 9 | | purpose, including, but not limited to, any new or | 10 | | existing road, highway, toll highway, bridge, tunnel, | 11 | | intermodal facility, intercity or high-speed passenger | 12 | | rail, rail project or facility, ferry or mass transit | 13 | | facility, vehicle parking facility, airport or seaport | 14 | | facility, or other transportation facility or | 15 | | infrastructure, any, administrative facility, | 16 | | broadband-related project or facility, correctional | 17 | | institution or facility, energy-related project or | 18 | | facility, fuel supply facility, oil or gas pipeline, | 19 | | medical or nursing care facility, recreational facility, | 20 | | sporting or cultural facility, or educational facility or | 21 | | other building or facility that is used or will be used by | 22 | | a public educational institution, or any other public | 23 | | facility or infrastructure that is used or will be used by | 24 | | the public at large or in support of an accepted public | 25 | | purpose or activity; | 26 | | (2) An improvement, including equipment, of a building |
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| 1 | | that will be principally used by a public entity or the | 2 | | public at large or that supports a service delivery system | 3 | | in the public sector; | 4 | | (3) A sanitation, water, potable water, underground | 5 | | water, wastewater, or surface water facility or other | 6 | | related infrastructure; or | 7 | | (4) For projects that involve a facility owned or | 8 | | operated by the governing board of a county, municipality, | 9 | | township, special district, or municipal hospital or | 10 | | health care system, or projects that involve a facility | 11 | | owned or operated by a municipal utility, notwithstanding | 12 | | any provision of this Act, only those projects that the | 13 | | governing board designates as qualifying projects pursuant | 14 | | to this Act. | 15 | | "Maintain" or "maintenance" includes ordinary maintenance, | 16 | | repair, rehabilitation, capital maintenance, maintenance | 17 | | replacement, and any other categories of maintenance that may | 18 | | be designated by the responsible public entity. | 19 | | "Operate" or "operation" means to do one or more of the | 20 | | following: maintain, improve, equip, modify, or otherwise | 21 | | operate. | 22 | | "Private entity" means any combination of one or more | 23 | | individuals, sole proprietorships, corporations, general | 24 | | partnerships, limited liability companies, limited | 25 | | partnerships, joint ventures, business trusts, nonprofit | 26 | | entities, or other business entities that are parties to a |
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| 1 | | proposal for a qualifying project or an agreement related to a | 2 | | qualifying project. A public agency may provide services to a | 3 | | contractor as a subcontractor or subconsultant without | 4 | | affecting the private status of the private entity and the | 5 | | ability to enter into a public-private agreement. | 6 | | "Project" means any or the combination of the development, | 7 | | financing, or operation with respect to all or a portion of any | 8 | | facility under the jurisdiction of a responsible public entity | 9 | | undertaken pursuant to this Act. | 10 | | "Proposal" means all materials and documents prepared by | 11 | | or on behalf of a private entity relating to the proposed | 12 | | development, financing, or operation of a facility as a | 13 | | qualifying project. | 14 | | "Proposer" means a private entity that has submitted an | 15 | | unsolicited proposal for a public-private agreement to a | 16 | | responsible public entity under this Act or submitted a | 17 | | proposal or statement of qualifications for a public-private | 18 | | agreement in response to a request for proposals or a request | 19 | | for qualifications issued by a responsible public entity under | 20 | | this Act. | 21 | | "Public-private agreement" means the public-private | 22 | | agreement between the contractor and the responsible public | 23 | | entity relating to one or more of the development, financing, | 24 | | or operation of a qualifying project that is entered into | 25 | | under this Act. | 26 | | "Qualifying project" means one or more projects developed, |
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| 1 | | financed, or operated by a contractor under this Act. | 2 | | "Request for information" means all materials and | 3 | | documents prepared by or on behalf of a responsible public | 4 | | entity to solicit information from private entities with | 5 | | respect to qualifying projects. | 6 | | "Request for proposals" means all materials and documents | 7 | | prepared by or on behalf of a responsible public entity to | 8 | | solicit proposals from private entities to enter into a | 9 | | public-private agreement. | 10 | | "Request for qualifications" means all materials and | 11 | | documents prepared by or on behalf of a responsible public | 12 | | entity to solicit statements of qualification from private | 13 | | entities to enter into a public-private agreement. | 14 | | "Responsible public entity" means a county, municipality, | 15 | | school district, special district, or any other political | 16 | | subdivision of the State or unit of local government; a public | 17 | | body corporate and politic; or a regional entity that serves a | 18 | | public purpose and is authorized to develop or operate a | 19 | | qualifying project. | 20 | | "Revenues" means all revenues, including any combination | 21 | | of: income; earnings and interest; user fees; lease payments; | 22 | | allocations; federal, State, and local appropriations, grants, | 23 | | loans, lines of credit, and credit guarantees; bond proceeds; | 24 | | equity investments; service payments; or other receipts, | 25 | | arising out of or in connection with a qualifying project, | 26 | | including the development, financing, and operation of a |
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| 1 | | qualifying project. The term includes money received as | 2 | | grants, loans, lines of credit, credit guarantees, or | 3 | | otherwise in aid of a qualifying project from the federal | 4 | | government, the State, a unit of local government, or any | 5 | | agency or instrumentality of the federal government, the | 6 | | State, or a unit of local government. | 7 | | "Shortlist" means the process by which a responsible | 8 | | public entity will review, evaluate, and rank statements of | 9 | | qualifications submitted in response to a request for | 10 | | qualifications and then identify the proposers who are | 11 | | eligible to submit a detailed proposal in response to a | 12 | | request for proposals. The identified proposers constitute the | 13 | | shortlist for the qualifying project to which the request for | 14 | | proposals relates. | 15 | | "Unit of local government" has the meaning ascribed to | 16 | | that term in Article VII, Section 1 of the Constitution of the | 17 | | State of Illinois and also means any unit designated as a | 18 | | municipal corporation. | 19 | | "User fees" or "tolls" means the rates, tolls, fees, or | 20 | | other charges imposed by the contractor for use of all or a | 21 | | portion of a qualifying project under a public-private | 22 | | agreement. | 23 | | Article 2. Formation of an Agreement | 24 | | Section 2-1. Exercise of powers. |
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| 1 | | (a) A responsible public entity may exercise the powers | 2 | | granted by this Act to do some or all of the work to develop, | 3 | | finance, and operate any part of one or more qualifying | 4 | | projects through public-private agreements with one or more | 5 | | private entities. | 6 | | (b) The Authority may enter into a public-private | 7 | | partnership to develop, finance, and operate nonhighway | 8 | | transportation projects on the toll highway system such as | 9 | | commuter rail or high-speed rail lines, and intelligent | 10 | | transportation infrastructure that will enhance the safety, | 11 | | efficiency, and environmental quality of the State highway | 12 | | system. The Authority may operate or provide operational | 13 | | services such as toll collection on highways that are | 14 | | developed or financed, or both, through a public-private | 15 | | agreement entered into by another public entity, under an | 16 | | agreement with the public entity or contractor responsible for | 17 | | the transportation project. | 18 | | Section 2-5. Powers of contractor; user fees. A contractor | 19 | | has: | 20 | | (a) all powers allowed by law generally to a private | 21 | | entity having the same form of organization as the contractor; | 22 | | and | 23 | | (b) the power to develop, finance, and operate the | 24 | | facility and to impose and collect user fees in connection | 25 | | with the use of the facility, subject to the terms of the |
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| 1 | | public-private agreement. | 2 | | No tolls or user fees may be imposed by the contractor | 3 | | except as set forth in a public-private agreement. | 4 | | Section 2-10. Powers of contractor; property interests. | 5 | | The contractor may own, lease, or acquire any property | 6 | | interest or other right to develop, finance, or operate the | 7 | | qualifying project. | 8 | | Section 2-15. Powers of contractor; user classifications | 9 | | and enforcement of rules. In operating the qualifying project, | 10 | | the contractor may do the following: | 11 | | (a) Make user classifications as permitted in the | 12 | | public-private agreement. | 13 | | (b) As permitted in the public-private agreement or | 14 | | otherwise with the consent of the responsible public entity, | 15 | | make and enforce reasonable rules to the same extent that the | 16 | | responsible public entity may make and enforce rules with | 17 | | respect to a similar project. | 18 | | Article 3. Infrastructure Investment Commission | 19 | | Section 3-1. Establishment. | 20 | | (a) There is established an Infrastructure Investment | 21 | | Commission reporting to the Governor and independent of other | 22 | | agencies and departments of the State. The Commission shall be |
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| 1 | | headed by an Executive Director, appointed by a majority vote | 2 | | of the Commission, who shall have demonstrated knowledge, | 3 | | training, or experience in one or more of the following areas: | 4 | | (1) infrastructure development or operation; | 5 | | (2) capital markets and finance, including municipal | 6 | | finance; | 7 | | (3) public-sector planning; or | 8 | | (4) procurement. | 9 | | (b) The Executive Director shall hold office for 4 years | 10 | | from the date of appointment, and until a successor shall be | 11 | | duly appointed and qualified, but shall be subject to removal | 12 | | by the Commission for incompetency, neglect of duty or | 13 | | malfeasance. | 14 | | (c) The Executive Director shall receive a salary of | 15 | | $15,000 per annum, or as set by the Compensation Review Board, | 16 | | whichever is greater, payable in monthly installments, | 17 | | together with reimbursement for necessary expenses incurred in | 18 | | the performance of the duties of the Executive Director. The | 19 | | Executive Director shall be eligible for reappointment. | 20 | | (d) The Commission established pursuant to this Section | 21 | | 3-1 shall be composed of 7 members, appointed as follows: | 22 | | (1) Seven members appointed by the Governor with the | 23 | | advice and consent of the Senate having expertise, | 24 | | knowledge, or experience in infrastructure development or | 25 | | operation, capital markets and finance, public-sector | 26 | | planning, or procurement. |
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| 1 | | (2) Not more than 4 members of the Commission shall be | 2 | | members of the same political party. Members of the | 3 | | Commission shall represent geographically diverse regions | 4 | | of the State. | 5 | | (3) Vacancies shall be filled for the unexpired term | 6 | | in the same manner as original appointments. All | 7 | | appointments shall be in writing and filed with the | 8 | | Secretary of State as a public record. | 9 | | (e) Of the members appointed by the Governor, one such | 10 | | member shall be appointed by the Governor as chairperson and | 11 | | shall hold office for 4 years from the date of appointment, and | 12 | | until a successor shall be duly appointed and qualified, but | 13 | | shall be subject to removal by the Governor for incompetency, | 14 | | neglect of duty or malfeasance. | 15 | | (f) The chairperson shall preside at all meetings of the | 16 | | Commission; shall exercise general supervision over all | 17 | | powers, duties, obligations and functions of the Commission; | 18 | | and shall approve or disapprove all resolutions, bylaws, | 19 | | rules, rates, and regulations made and established by the | 20 | | Commission, and if the chairperson approves, the chairperson | 21 | | shall sign the same, and such as the chairperson shall not | 22 | | approve, the chairperson shall return to the Commission with | 23 | | objections thereto in writing at the next regular meeting of | 24 | | the Commission occurring after the passage thereof. Such veto | 25 | | may extend to any one or more items contained in such | 26 | | resolution, bylaw, rule, rate, or regulation, or to its |
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| 1 | | entirety; and in case the veto extends to a part of such | 2 | | resolution, bylaw, rule, rate, or regulation, the residue | 3 | | thereof shall take effect and be in force, but in case the | 4 | | chairperson shall fail to return any resolution, bylaw, rule, | 5 | | rate, or regulation with objections thereto by the time | 6 | | aforesaid, the chairperson shall be deemed to have approved | 7 | | the same, and the same shall take effect accordingly. Upon the | 8 | | return of any resolution, bylaw, rule, rate, or regulation by | 9 | | the chairperson, the vote by which the same was passed shall be | 10 | | reconsidered by the Commission, and if upon such | 11 | | reconsideration two-thirds of all the members agree by yeas | 12 | | and nays to pass the same, it shall go into effect | 13 | | notwithstanding the chairperson's refusal to approve thereof. | 14 | | The process of approving or disapproving all resolutions, | 15 | | bylaws, rules, rates, and regulations, as well as the ability | 16 | | of the members to override the disapproval of the chairperson, | 17 | | under this Section shall be set forth in the Commission's | 18 | | bylaws. Nothing in the Commission's bylaws, rules, or | 19 | | regulations may be contrary to this Section. | 20 | | (g) Of the original members, other than the chairperson, | 21 | | so appointed by the Governor, 3 shall hold office for 2 years | 22 | | and 3 shall hold office for 4 years, from the date of their | 23 | | appointment and until their respective successors shall be | 24 | | duly appointed and qualified, but shall be subject to removal | 25 | | by the Governor for incompetency, neglect of duty, or | 26 | | malfeasance. In case of vacancies in such offices during the |
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| 1 | | recess of the Senate, the Governor shall make a temporary | 2 | | appointment until the next meeting of the Senate when the | 3 | | Governor shall nominate some person to fill such office and | 4 | | any person so nominated, who is confirmed by the Senate, shall | 5 | | hold office during the remainder of the term and until a | 6 | | successor shall be appointed and qualified. The respective | 7 | | term of the first members appointed shall be designated by the | 8 | | Governor at the time of appointment, but their successors | 9 | | shall each be appointed for a term of 4 years, except that any | 10 | | person appointed to fill a vacancy shall serve only for the | 11 | | unexpired term. Members shall be eligible for reappointment. | 12 | | Members shall serve until their respective successors are duly | 13 | | appointed and qualified. | 14 | | (h) Each such member, other than ex officio members shall | 15 | | receive an annual salary of $10,000, or as set by the | 16 | | Compensation Review Board, whichever is greater, payable in | 17 | | monthly installments, and shall be reimbursed for necessary | 18 | | expenses incurred in the performance of duties under this Act. | 19 | | Section 3-5. Duties of the Commission. The Commission | 20 | | shall: | 21 | | (a) Assist responsible public entities with | 22 | | identifying projects, including opportunities for project | 23 | | aggregation, for which a public-private partnership may be | 24 | | appropriate; | 25 | | (b) Provide technical assistance and expertise to |
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| 1 | | responsible public entities on using public-private | 2 | | partnerships to develop or operate qualifying projects, | 3 | | including analyzing their benefits and costs and the | 4 | | innovative financing options available to support them; | 5 | | (c) Supply template contracts; | 6 | | (d) Track proposed, ongoing, and completed | 7 | | private-public partnerships; | 8 | | (e) Identify methods of encouraging competition for | 9 | | the development or operation of qualifying projects; | 10 | | (f) Serve as a liaison to State or federal government | 11 | | officials charged with promoting public-private | 12 | | infrastructure partnerships, other State executive | 13 | | directors of infrastructure investment commissions and | 14 | | regional or metropolitan public-private partnership | 15 | | offices; | 16 | | (g) Conduct public and stakeholder engagement and | 17 | | outreach, including efforts to encourage transparency and | 18 | | information sharing regarding public-private | 19 | | partnerships; | 20 | | (h) Promote best practices, including standardized | 21 | | methodologies and processes; and | 22 | | (i) Attract private investment in infrastructure to | 23 | | the State. | 24 | | Section 3-10. Duties of the Executive Director of the | 25 | | Commission. |
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| 1 | | (a) The Executive Director shall provide to the standing | 2 | | committees of the responsible public entity having | 3 | | jurisdiction over transportation or infrastructure and post | 4 | | online a report annually within 6 weeks of the end of each | 5 | | fiscal year that: | 6 | | (1) Lists those public-private partnerships that: | 7 | | (i) are expected to be soliciting bids within the | 8 | | next fiscal year; | 9 | | (ii) are in progress; | 10 | | (iii) were completed during the prior fiscal year; | 11 | | or | 12 | | (iv) were removed from consideration during the | 13 | | prior fiscal year; and | 14 | | (2) Summarizes actions taken by the Commission to | 15 | | fulfill its duties pursuant to Section 3-5 of this | 16 | | Article. | 17 | | (b) The Executive Director shall be responsible to the | 18 | | Commission for the proper administration of the affairs of the | 19 | | Commission and policies adopted by the chairperson and members | 20 | | of the Commission. | 21 | | (c) All employees, as are necessary to the proper | 22 | | functioning of the Commission, shall be appointed by the | 23 | | Executive Director with the consent of the Commission. | 24 | | Section 3-15. State permitting. The Commission shall | 25 | | coordinate with responsible public entities on State |
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| 1 | | environmental reviews and permitting for all qualifying | 2 | | projects subject to this Act. As soon as practicable, and not | 3 | | later than the commencement of a public-private agreement, the | 4 | | responsible public entity shall identify all necessary State | 5 | | permits, and in consultation with the Commission and relevant | 6 | | State offices and departments, shall create a timeline for | 7 | | review and issuance of such permits. The Commission shall | 8 | | maintain on its website a listing of projects under this | 9 | | Section for which State permits are delayed more than 90 days | 10 | | past the deadline specified in the timeline and post an | 11 | | official explanation for the delay that shall come from the | 12 | | office in charge of approving the permit, or link to public | 13 | | websites containing such information. | 14 | | Article 4. Procurement Process | 15 | | Section 4-1. Procurement procedures. A responsible public | 16 | | entity may receive unsolicited proposals or may solicit | 17 | | proposals for a qualifying project and may thereafter enter | 18 | | into a public-private agreement with a private entity, or a | 19 | | consortium of private entities, for the building, upgrading, | 20 | | operating, ownership, or financing of facilities. | 21 | | (a)(1) The responsible public entity may establish a | 22 | | reasonable application fee for the submission of an | 23 | | unsolicited proposal under this Section. | 24 | | (2) A private entity that submits an unsolicited proposal |
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| 1 | | to a responsible public entity must concurrently pay an | 2 | | initial application fee, as determined by the responsible | 3 | | public entity. | 4 | | (3) If the responsible public entity chooses to evaluate | 5 | | an unsolicited proposal involving architecture, engineering, | 6 | | or landscape architecture, it must ensure a professional | 7 | | review and evaluation of the design and construction proposed | 8 | | by the initial or subsequent proposers to ensure material | 9 | | quality standards, interior space use, budget estimates, | 10 | | design and construction schedules, and sustainable design and | 11 | | construction standards consistent with public projects. Such | 12 | | review shall be performed by an architect, a landscape | 13 | | architect, or an engineer licensed in this State qualified to | 14 | | perform the review, and such professional shall advise the | 15 | | responsible public entity through completion of the design and | 16 | | construction of the project. | 17 | | (b) The responsible public entity may request a proposal | 18 | | from private entities for a qualifying project or, if the | 19 | | responsible public entity receives an unsolicited proposal for | 20 | | a qualifying project and the responsible public entity intends | 21 | | to enter into a public-private agreement for the project | 22 | | described in the unsolicited proposal, the responsible public | 23 | | entity shall publish notice in the State of Illinois | 24 | | Procurement Bulletin and a newspaper of general circulation | 25 | | within the responsible public entity at least once a week for 2 | 26 | | weeks stating that the responsible public entity has received |
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| 1 | | a proposal and will accept other proposals for the same | 2 | | project. The timeframe within which the responsible public | 3 | | entity may accept other proposals shall be determined by the | 4 | | responsible public entity on a project-by-project basis based | 5 | | upon the complexity of the qualifying project and the public | 6 | | benefit to be gained by allowing a longer or shorter period of | 7 | | time within which other proposals may be received; however, | 8 | | the timeframe for allowing other proposals must be at least 21 | 9 | | days, but no more than 120 days, after the initial date of | 10 | | publication. If approved by a majority vote of the responsible | 11 | | public entity's governing body, the responsible public entity | 12 | | may alter the timeframe for accepting proposals to more | 13 | | adequately suit the needs of the qualifying project; however, | 14 | | in no event shall such timeframe exceed 180 days. A copy of the | 15 | | notice must be mailed to each local government in the affected | 16 | | jurisdiction. | 17 | | (c) If the solicited qualifying project provided in | 18 | | subsection (b) includes design work, the solicitation must | 19 | | include a design criteria package prepared by an architect, a | 20 | | landscape architect, or an engineer licensed in this State | 21 | | that is sufficient to allow private entities to prepare a bid | 22 | | or a response. The design criteria package must specify | 23 | | reasonably specific criteria for the qualifying project such | 24 | | as the legal description of the site, with survey information; | 25 | | interior space requirements; material quality standards; | 26 | | schematic layouts and conceptual design criteria for the |
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| 1 | | qualifying project; cost or budget estimates; design and | 2 | | construction schedules; and site development and utility | 3 | | requirements. The licensed design professional who prepares | 4 | | the design criteria package shall be retained to serve the | 5 | | responsible public entity through completion of the design and | 6 | | construction of the project. | 7 | | (d) Before approving a public-private agreement, the | 8 | | responsible public entity must determine that the proposed | 9 | | project: | 10 | | (1) Is in the public's best interest. | 11 | | (2) Is for a facility that is owned by the responsible | 12 | | public entity or for a facility for which ownership will | 13 | | be conveyed to the responsible public entity. | 14 | | (3) Has adequate safeguards in place to ensure that | 15 | | additional costs or service disruptions are not imposed on | 16 | | the public in the event of material default or | 17 | | cancellation of the public-private agreement by the | 18 | | responsible public entity. | 19 | | (4) Has adequate safeguards in place to ensure that | 20 | | the responsible public entity or private entity has the | 21 | | opportunity to add capacity to the proposed project or | 22 | | other facilities serving similar predominantly public | 23 | | purposes. | 24 | | (5) Will be owned by the responsible public entity | 25 | | upon completion, expiration, or termination of the | 26 | | public-private agreement and upon payment of the amounts |
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| 1 | | financed. | 2 | | (e) Before signing a public-private agreement, the | 3 | | responsible public entity must consider a reasonable finance | 4 | | plan that is consistent with Article 8; the qualifying project | 5 | | cost; revenues by source; available financing; major | 6 | | assumptions; internal rate of return on private investments, | 7 | | if governmental funds are assumed in order to deliver a | 8 | | cost-feasible project; and a total cash-flow analysis | 9 | | beginning with the implementation of the project and extending | 10 | | for the term of the public-private agreement. | 11 | | (f) In considering an unsolicited proposal, the | 12 | | responsible public entity may require from the private entity | 13 | | a technical study prepared by a nationally recognized expert | 14 | | with experience in preparing analysis for bond rating | 15 | | agencies. In evaluating the technical study, the responsible | 16 | | public entity may rely upon internal staff reports prepared by | 17 | | personnel familiar with the operation of similar facilities or | 18 | | the advice of external advisors or consultants who have | 19 | | relevant experience. | 20 | | Section 4-5. Project approval requirements. An unsolicited | 21 | | proposal from a private entity for approval of a qualifying | 22 | | project must be accompanied by the following material and | 23 | | information, unless waived by the responsible public entity: | 24 | | (1) A description of the qualifying project, including | 25 | | the conceptual design of the facilities or a conceptual |
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| 1 | | plan for the provision of services, and a schedule for the | 2 | | initiation and completion of the qualifying project. | 3 | | (2) A description of the method by which the private | 4 | | entity proposes to secure the necessary property interests | 5 | | that are required for the qualifying project. | 6 | | (3) A description of the private entity's general | 7 | | plans for financing the qualifying project, including the | 8 | | sources of the private entity's funds and the identity of | 9 | | any dedicated revenue source or proposed debt or equity | 10 | | investment on behalf of the private entity. | 11 | | (4) The name and address of a person who may be | 12 | | contacted for additional information concerning the | 13 | | proposal. | 14 | | (5) The proposed user fees, lease payments, or other | 15 | | service payments over the term of a public-private | 16 | | agreement, and the methodology for and circumstances that | 17 | | would allow changes to the user fees, lease payments, and | 18 | | other service payments over time. | 19 | | (6) Additional material or information that the | 20 | | responsible public entity reasonably requests, including, | 21 | | without limitation, information that the responsible | 22 | | public entity requires in response to a request for | 23 | | proposals. | 24 | | Any pricing or financial terms included in an unsolicited | 25 | | proposal must be specific as to when the pricing or terms | 26 | | expire. |
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| 1 | | Section 4-10. Project qualification and process. | 2 | | (a) The private entity, or the applicable party or parties | 3 | | of the private entity's team, must meet the minimum standards | 4 | | contained in the responsible public entity's guidelines for | 5 | | qualifying professional services and contracts for traditional | 6 | | procurement projects. | 7 | | (b) The responsible public entity must: | 8 | | (1) Ensure that provision is made for the private | 9 | | entity's performance and payment of subcontractors, | 10 | | including, but not limited to, surety bonds, letters of | 11 | | credit, parent company guarantees, and lender and equity | 12 | | partner guarantees. For the components of the qualifying | 13 | | project that involve construction performance and payment, | 14 | | bonds are required and are subject to the recordation, | 15 | | notice, suit limitation, and other requirements of the | 16 | | Public Construction Bond Act. | 17 | | (2) Ensure the most efficient pricing of the security | 18 | | package that provides for the performance and payment of | 19 | | subcontractors. | 20 | | (3) Ensure that the public-private agreement addresses | 21 | | termination upon a material default of the public-private | 22 | | agreement. | 23 | | (c) After the public notification period has expired in | 24 | | the case of an unsolicited proposal, the responsible public | 25 | | entity shall rank the proposals received in order of |
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| 1 | | preference. In ranking the proposals, the responsible public | 2 | | entity may consider factors that include, but are not limited | 3 | | to, public benefit, professional qualifications, general | 4 | | business terms, innovative design techniques or cost-reduction | 5 | | terms, and finance plans. The responsible public entity may | 6 | | then begin negotiations for a public-private agreement with | 7 | | the highest-ranked firm. If the responsible public entity is | 8 | | not satisfied with the results of the negotiations, the | 9 | | responsible public entity may terminate negotiations with the | 10 | | proposer and negotiate with the second-ranked or | 11 | | subsequent-ranked firms, in the order consistent with this | 12 | | procedure. If only one proposal is received, the responsible | 13 | | public entity may negotiate in good faith, and if the | 14 | | responsible public entity is not satisfied with the results of | 15 | | the negotiations, the responsible public entity may terminate | 16 | | negotiations with the proposer. | 17 | | (d) The responsible public entity shall perform an | 18 | | independent analysis of the proposed public-private | 19 | | partnership that demonstrates the cost-effectiveness and | 20 | | overall public benefit before the procurement process is | 21 | | initiated or before the contract is awarded. | 22 | | (e) The responsible public entity may approve the | 23 | | development or operation of a qualifying project, or the | 24 | | design or equipping of a qualifying project that is developed | 25 | | or operated, if: | 26 | | (1) There is a public need for or benefit derived from |
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| 1 | | a project of the type that the private entity proposes as | 2 | | the qualifying project. | 3 | | (2) The estimated cost of the qualifying project is | 4 | | reasonable in relation to similar facilities. | 5 | | (3) The private entity's plans will result in the | 6 | | timely acquisition, design, construction, improvement, | 7 | | renovation, expansion, equipping, maintenance, or | 8 | | operation of the qualifying project. | 9 | | (f) The responsible public entity may charge a reasonable | 10 | | fee to cover the costs of processing, reviewing, and | 11 | | evaluating the request, including, but not limited to, | 12 | | reasonable attorney fees and fees for financial and technical | 13 | | advisors or consultants and for other necessary advisors or | 14 | | consultants. | 15 | | (g) Upon approval of a qualifying project, the responsible | 16 | | public entity shall establish a date for the commencement of | 17 | | activities related to the qualifying project. The responsible | 18 | | public entity may extend the commencement date. | 19 | | (h) Approval of a qualifying project by the responsible | 20 | | public entity is subject to entering into a public-private | 21 | | agreement with the private entity. | 22 | | Section 4-15. Interim agreement. Before or in connection | 23 | | with the negotiation of a public-private agreement, the | 24 | | responsible public entity may enter into an interim agreement | 25 | | with the private entity proposing the development or operation |
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| 1 | | of the qualifying project. An interim agreement does not | 2 | | obligate the responsible public entity to enter into a | 3 | | public-private agreement. The interim agreement is | 4 | | discretionary with the parties and is not required on a | 5 | | qualifying project for which the parties may proceed directly | 6 | | to a public-private agreement without the need for an interim | 7 | | agreement. An interim agreement must be limited to provisions | 8 | | that: | 9 | | (a) Authorize the private entity to commence | 10 | | activities for which it may be compensated related to the | 11 | | proposed qualifying project, including, but not limited | 12 | | to, project planning and development, design, | 13 | | environmental analysis and mitigation, survey, other | 14 | | activities concerning any part of the proposed qualifying | 15 | | project, and ascertaining the availability of financing | 16 | | for the proposed facility or facilities. | 17 | | (b) Establish the process and timing of the | 18 | | negotiation of the public-private agreement. | 19 | | (c) Contain such other provisions related to an aspect | 20 | | of the development or operation of a qualifying project | 21 | | that the responsible public entity and the private entity | 22 | | deem appropriate. | 23 | | Section 4-20. Payment of stipulated amount for work | 24 | | product of unsuccessful proposer; rights; liability. The | 25 | | responsible public entity may pay a stipulated amount to an |
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| 1 | | unsuccessful proposer that submits a responsive proposal in | 2 | | response to a request for proposals under this Article, in | 3 | | exchange for the work product contained in that proposal. The | 4 | | use by the responsible public entity of any design element | 5 | | contained in an unsuccessful proposal is at the sole risk and | 6 | | discretion of the responsible public entity and does not | 7 | | confer liability on the recipient of the stipulated amount | 8 | | under this Section. After payment of the stipulated amount: | 9 | | (a) the responsible public entity and the unsuccessful | 10 | | proposer jointly own the rights to, and may make use of any | 11 | | work product contained in, the proposal, including the | 12 | | technologies, techniques, methods, processes, ideas, and | 13 | | information contained in the proposal, project design, and | 14 | | project financial plan; and | 15 | | (b) the use by the unsuccessful proposer of any part | 16 | | of the work product contained in the proposal is at the | 17 | | sole risk of the unsuccessful proposer and does not confer | 18 | | liability on the responsible public entity. | 19 | | Section 4-25. Additional rights of responsible public | 20 | | entity. In addition to any other rights under this Act, in | 21 | | connection with any procurement under this Article, the | 22 | | responsible public entity may: | 23 | | (a) withdraw a request for information, request for | 24 | | qualifications, or a request for proposals at any time | 25 | | and, in its discretion, publish a new request for |
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| 1 | | qualifications or request for proposals; | 2 | | (b) decline to approve a proposal for any reason; | 3 | | (c) decline to award a public-private agreement for | 4 | | any reason; | 5 | | (d) request clarifications to any statement of | 6 | | information, qualifications, or proposal received, to seek | 7 | | one or more revised proposals or one or more best and final | 8 | | offers, or to conduct negotiations with one or more | 9 | | private entities that have submitted proposals; | 10 | | (e) modify the terms, provisions, and conditions of a | 11 | | request for qualification, request for proposals, | 12 | | technical specifications, or form of public-private | 13 | | agreement during the pendency of a procurement; | 14 | | (f) interview proposers; and | 15 | | (g) any other rights available to the responsible | 16 | | public entity under applicable law and administrative | 17 | | rule. | 18 | | Section 4-30. Confidentiality of proposals; disclosure. | 19 | | (a) The responsible public entity may not disclose the | 20 | | contents of proposals during discussions or negotiations with | 21 | | potential proposers. | 22 | | (b) The responsible public entity may, in its discretion | 23 | | in accordance with the Freedom of Information Act, treat as | 24 | | confidential all records relating to discussions or | 25 | | negotiations between the responsible public entity and |
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| 1 | | potential proposers if those records are created while | 2 | | discussions or negotiations are in progress. | 3 | | (c) Notwithstanding subsections (a) and (b), and with the | 4 | | exception of portions that are confidential under the Freedom | 5 | | of Information Act, the terms of the selected offer negotiated | 6 | | under this Act shall be available for inspection and copying | 7 | | under the Freedom of Information Act after negotiations with | 8 | | the proposers have been completed. | 9 | | (d) When disclosing the terms of the selected offer under | 10 | | subsection (c), the responsible public entity shall certify | 11 | | that the information being disclosed accurately and completely | 12 | | represents the terms of the selected offer. | 13 | | (e) The responsible public entity shall disclose the | 14 | | contents of all proposals, except the parts of the proposals | 15 | | that may be treated as confidential in accordance with the | 16 | | Freedom of Information Act, when either: | 17 | | (1) the request for proposal process is withdrawn | 18 | | under Section 4-25; or | 19 | | (2) the public-private agreement has been executed and | 20 | | the closing for each financing transaction required to | 21 | | provide funding to carry out the agreement has been | 22 | | conducted. | 23 | | Article 5. Public-Private Agreements | 24 | | Section 5-1. Provisions of agreement. |
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| 1 | | (a) Before beginning the development; the financing; the | 2 | | operation; or any combination of the development, financing, | 3 | | or operation of a qualifying project under this Act, the | 4 | | contractor must enter into a public-private agreement with the | 5 | | responsible public entity. Subject to the other provisions of | 6 | | this Act, the responsible public entity and a private entity | 7 | | may enter into a public-private agreement with respect to a | 8 | | qualifying project. Subject to the requirements of this Act, a | 9 | | public-private agreement may provide that the private entity, | 10 | | acting on behalf of the responsible public entity, is | 11 | | partially or entirely responsible for any combination of | 12 | | developing, financing, or operating the qualifying project. | 13 | | (b) The public-private agreement may, as determined | 14 | | appropriate by the responsible public entity for the | 15 | | particular qualifying project, provide for some or all of the | 16 | | following: | 17 | | (1) Development, planning, design, construction, | 18 | | maintenance, repair, rehabilitation, expansion, | 19 | | financing, and operation of the qualifying project under | 20 | | terms set forth in the public-private agreement, in any | 21 | | form as deemed appropriate by the responsible public | 22 | | entity, including, but not limited to, a long-term | 23 | | concession and lease, a design-bid-build agreement, a | 24 | | design-build agreement, a design-build-maintain | 25 | | agreement, a design-build-finance agreement, a | 26 | | design-build-operate-maintain agreement and a |
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| 1 | | design-build-finance-operate-maintain agreement. | 2 | | (2) Delivery of performance and payment bonds or other | 3 | | performance security determined suitable by the | 4 | | responsible public entity, including letters of credit, | 5 | | United States bonds and notes, parent guaranties, and cash | 6 | | collateral, in connection with the development, financing, | 7 | | or operation of the qualifying project, in the forms and | 8 | | amounts set forth in the public-private agreement or | 9 | | otherwise determined as satisfactory by the responsible | 10 | | public entity to protect the responsible public entity and | 11 | | payment bond beneficiaries who have a direct contractual | 12 | | relationship with the contractor or a subcontractor of the | 13 | | contractor to supply labor or material. The payment or | 14 | | performance bond or alternative form of performance | 15 | | security is not required for the portion of a | 16 | | public-private agreement that includes only design, | 17 | | planning, or financing services, the performance of | 18 | | preliminary studies, or the acquisition of real property. | 19 | | (3) Review of plans for any development or operation, | 20 | | or both, of the qualifying project by the responsible | 21 | | public entity. | 22 | | (4) Inspection of any construction of or improvements | 23 | | to the qualifying project by the responsible public entity | 24 | | or another entity designated by the responsible public | 25 | | entity or under the public-private agreement to ensure | 26 | | that the construction or improvements conform to the |
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| 1 | | standards set forth in the public-private agreement or are | 2 | | otherwise acceptable to the responsible public entity. | 3 | | (5) Maintenance of: | 4 | | (A) one or more policies of public liability | 5 | | insurance (copies of which shall be filed with the | 6 | | responsible public entity accompanied by proofs of | 7 | | coverage); or | 8 | | (B) self-insurance; | 9 | | each in the form and amount as set forth by the | 10 | | public-private agreement or otherwise satisfactory to the | 11 | | responsible public entity as reasonably sufficient to | 12 | | insure coverage of tort liability to the public and | 13 | | employees and to enable the continued operation of the | 14 | | qualifying project. | 15 | | (6) Where operations are included within the | 16 | | contractor's obligations under the public-private | 17 | | agreement, monitoring of the maintenance practices of the | 18 | | contractor by the responsible public entity or another | 19 | | entity designated by the responsible public entity or | 20 | | under the public-private agreement and the taking of the | 21 | | actions the responsible public entity finds appropriate to | 22 | | ensure that the qualifying project is properly maintained. | 23 | | (7) Reimbursement to be paid to the responsible public | 24 | | entity as set forth in the public-private agreement for | 25 | | services provided by the responsible public entity. | 26 | | (8) Filing of appropriate financial statements and |
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| 1 | | reports as set forth in the public-private agreement or as | 2 | | otherwise in a form acceptable to the responsible public | 3 | | entity on a periodic basis. | 4 | | (9) Compensation or payments to the contractor. | 5 | | Compensation or payments may include any or a combination | 6 | | of the following: | 7 | | (A) A base fee and additional fee for project | 8 | | savings as the design-builder of a construction | 9 | | project. | 10 | | (B) A development fee, payable on a lump sum | 11 | | basis, progress payment basis, time and materials | 12 | | basis, or any other basis considered appropriate by | 13 | | the responsible public entity. | 14 | | (C) An operations fee, payable on a lump sum | 15 | | basis, time and material basis, periodic basis, or any | 16 | | other basis considered appropriate by the responsible | 17 | | public entity. | 18 | | (D) Some or all of the revenues, if any, arising | 19 | | out of operation of the qualifying project. | 20 | | (E) A maximum rate of return on investment or | 21 | | return on equity or a combination of the 2. | 22 | | (F) In-kind services, materials, property, | 23 | | equipment, or other items. | 24 | | (G) Compensation in the event of any termination. | 25 | | (H) Availability payments or similar arrangements | 26 | | whereby payments are made to the contractor pursuant |
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| 1 | | to the terms set forth in the public-private agreement | 2 | | or related agreements. | 3 | | (I) Other compensation set forth in the | 4 | | public-private agreement or otherwise considered | 5 | | appropriate by the responsible public entity. | 6 | | (10) Compensation or payments to the responsible | 7 | | public entity, if any. Compensation or payments may | 8 | | include any one or combination of the following: | 9 | | (A) A concession or lease payment or other fee, | 10 | | which may be payable upfront or on a periodic basis or | 11 | | on another basis deemed appropriate by the responsible | 12 | | public entity. | 13 | | (B) Sharing of revenues, if any, from the | 14 | | operation of the qualifying project. | 15 | | (C) Sharing of project savings from the | 16 | | construction of the qualifying project. | 17 | | (D) Payment for any services, materials, | 18 | | equipment, personnel, or other items provided by the | 19 | | responsible public entity to the contractor under the | 20 | | public-private agreement or in connection with the | 21 | | qualifying project. | 22 | | (E) Other compensation set forth in the | 23 | | public-private agreement or otherwise considered | 24 | | appropriate by the responsible public entity. | 25 | | (11) The date and terms of termination of the | 26 | | contractor's authority and duties under the public-private |
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| 1 | | agreement and the circumstances under which the | 2 | | contractor's authority and duties may be terminated before | 3 | | that date. | 4 | | (12) Reversion of the qualifying project to the | 5 | | responsible public entity at the termination or expiration | 6 | | of the public-private agreement. | 7 | | (13) Rights and remedies of the responsible public | 8 | | entity if the contractor defaults or otherwise fails to | 9 | | comply with the terms of the public-private agreement. | 10 | | (14) Procedures for the selection of professional | 11 | | design firms and subcontractors, which shall include | 12 | | procedures consistent with the Architectural, Engineering, | 13 | | and Land Surveying Qualifications Based Selection Act for | 14 | | the selection of professional design firms and may | 15 | | include, in the discretion of the responsible public | 16 | | entity, procedures consistent with the low bid procurement | 17 | | procedures outlined in the Illinois Procurement Code for | 18 | | the selection of construction companies. | 19 | | (15) Other terms, conditions, and provisions that the | 20 | | responsible public entity believes are in the public | 21 | | interest. | 22 | | Section 5-5. Additional requirements. | 23 | | (a) The responsible public entity may fix and revise the | 24 | | amounts of user fees that a contractor may charge and collect | 25 | | for the use of any part of a qualifying project in accordance |
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| 1 | | with the public-private agreement. In fixing the amounts, the | 2 | | responsible public entity may establish maximum amounts for | 3 | | the user fees and may provide that the maximums and any | 4 | | increases or decreases of those maximums shall be based upon | 5 | | the indices, methodologies, or other factors the responsible | 6 | | public entity considers appropriate. | 7 | | (b) A public-private agreement may: | 8 | | (1) authorize the imposition of tolls in any manner | 9 | | determined appropriate by the responsible public entity | 10 | | for the qualifying project; | 11 | | (2) authorize the contractor to adjust the user fees | 12 | | for the use of the qualifying project, so long as the | 13 | | amounts charged and collected by the contractor do not | 14 | | exceed the maximum amounts established by the responsible | 15 | | public entity under the public-private agreement; | 16 | | (3) provide that any adjustment by the contractor | 17 | | permitted under paragraph (2) may be based on the indices, | 18 | | methodologies, or other factors described in the | 19 | | public-private agreement or approved by the responsible | 20 | | public entity; | 21 | | (4) authorize the contractor to charge and collect | 22 | | user fees through methods, including, but not limited to, | 23 | | automatic vehicle identification systems, electronic toll | 24 | | collection systems, and, to the extent permitted by law, | 25 | | global positioning system-based, photo-based, or | 26 | | video-based toll collection enforcement, if, to the |
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| 1 | | maximum extent feasible, the contractor will (i) use open | 2 | | road tolling methods that allow payment of tolls at | 3 | | highway speeds and (ii) comply with United States | 4 | | Department of Transportation requirements and best | 5 | | practices with respect to tolling methods; and | 6 | | (5) authorize the collection of user fees by a third | 7 | | party. | 8 | | Section 5-10. Grants or loans for qualifying project. In | 9 | | the public-private agreement, the responsible public entity | 10 | | may agree to make grants or loans for the development or | 11 | | operation, or both, of the qualifying project from time to | 12 | | time from amounts received from the federal government or any | 13 | | agency or instrumentality of the federal government or from | 14 | | any State or local agency. | 15 | | Section 5-15. Terms and conditions in agreement. The | 16 | | public-private agreement must incorporate the duties of the | 17 | | contractor under this Act and may contain the other terms and | 18 | | conditions that the responsible public entity determines serve | 19 | | the public purpose of this Act. The public-private agreement | 20 | | may contain provisions under which the responsible public | 21 | | entity agrees to provide notice of default and cure rights for | 22 | | the benefit of the contractor and the persons or entities | 23 | | described in the public-private agreement that are providing | 24 | | financing for the qualifying project. The public-private |
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| 1 | | agreement may contain any other lawful term or condition to | 2 | | which the contractor and the responsible public entity | 3 | | mutually agree, including provisions regarding change orders, | 4 | | dispute resolution, required upgrades to the qualifying | 5 | | project, tolling policies, changes and modifications to the | 6 | | qualifying project, unavoidable delays, or provisions for a | 7 | | loan or grant of public funds for the development or | 8 | | operation, or both, of one or more qualifying projects. | 9 | | Section 5-20. Responsible public entity takeover of | 10 | | qualifying project after termination or expiration. | 11 | | (a) Upon the termination or expiration of the | 12 | | public-private agreement, including a termination for default, | 13 | | the responsible public entity shall have the right to take | 14 | | over the qualifying project and to succeed to all of the right, | 15 | | title, and interest in the qualifying project and all real | 16 | | property acquired as a part of the project shall be held in the | 17 | | name of the responsible public entity. | 18 | | (b) If a responsible public entity elects to take over a | 19 | | qualifying project as provided in subsection (a), the | 20 | | responsible public entity may do the following: | 21 | | (1) Develop, finance, or operate the project, | 22 | | including through a public-private agreement entered into | 23 | | in accordance with this Act. | 24 | | (2) Impose, collect, retain, and use user fees, if | 25 | | any, for the project. |
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| 1 | | (c) If a responsible public entity elects to take over a | 2 | | qualifying project as provided in subsection (a), the | 3 | | responsible public entity may use the revenues, if any, for | 4 | | any lawful purpose, including to: | 5 | | (1) Make payments to individuals or entities in | 6 | | connection with any financing of the qualifying project, | 7 | | including through a public-private agreement entered into | 8 | | in accordance with this Act. | 9 | | (2) Permit a contractor to receive some or all of the | 10 | | revenues under a public-private agreement entered into | 11 | | under this Act. | 12 | | (3) Pay development costs of the project. | 13 | | (4) Pay current operation costs of the project or | 14 | | facilities. | 15 | | (5) Paying the contractor for any compensation or | 16 | | payment owing upon termination. | 17 | | (6) Pay for the development, financing, or operation | 18 | | of any other project or projects the responsible public | 19 | | entity deems appropriate. | 20 | | (d) The full faith and credit of the State or any political | 21 | | subdivision of the State or the responsible public entity is | 22 | | not pledged to secure any financing of the contractor by the | 23 | | election to take over the qualifying project. Assumption of | 24 | | development or operation, or both, of the qualifying project | 25 | | does not obligate the State or any political subdivision of | 26 | | the State or the responsible public entity to pay any |
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| 1 | | obligation of the contractor. | 2 | | Section 5-25. Changes added by written amendment. Any | 3 | | changes in the terms of the public-private agreement agreed to | 4 | | by the parties shall be added to the public-private agreement | 5 | | by written amendment. | 6 | | Section 5-30. Agreements with multiple private entities. | 7 | | Notwithstanding any other provision of this Act, the | 8 | | responsible public entity may enter into a public-private | 9 | | agreement with multiple private entities if the responsible | 10 | | public entity determines in writing that it is in the public | 11 | | interest to do so. | 12 | | Section 5-35. Agreement provisions for qualifying project. | 13 | | The public-private agreement may provide for all or part of | 14 | | the development, financing, or operation of phases or segments | 15 | | of the qualifying project. | 16 | | Article 6. Development and Operations Standards for Projects | 17 | | Section 6-1. Standards of compliance for plans and | 18 | | specifications. The plans and specifications, if any, for each | 19 | | project developed under this Act must comply with: | 20 | | (a) the responsible public entity's standards for | 21 | | other projects of a similar nature or as otherwise |
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| 1 | | provided in the public-private agreement; | 2 | | (b) the Professional Engineering Practice Act of 1989, | 3 | | the Structural Engineering Practice Act of 1989, the | 4 | | Illinois Architecture Practice Act of 1989, the | 5 | | requirements of Section 30-22 of the Illinois Procurement | 6 | | Code as they apply to responsible bidders, and the | 7 | | Illinois Professional Land Surveyor Act of 1989; and | 8 | | (c) any other applicable State or federal standards. | 9 | | Section 6-5. Highway projects under Act considered part of | 10 | | State highway system. Each highway project constructed or | 11 | | operated under this Act is considered to be part of: | 12 | | (a) the State highway system for purposes of | 13 | | identification, maintenance standards, and enforcement of | 14 | | traffic laws if the highway project is under the | 15 | | jurisdiction of the Department; or | 16 | | (b) the toll highway system for purposes of | 17 | | identification, maintenance standards, and enforcement of | 18 | | traffic laws if the highway project is under the | 19 | | jurisdiction of the Authority. | 20 | | Section 6-10. Service agreements. Any unit of local | 21 | | government or State agency may enter into agreements with the | 22 | | contractor for maintenance or other services under this Act. | 23 | | Section 6-15. Cooperation with federal and local agencies. |
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| 1 | | The responsible public entity shall seek the cooperation of | 2 | | federal and local agencies to expedite all necessary federal | 3 | | and local permits, licenses, and approvals necessary for | 4 | | projects under this Act. | 5 | | Article 7. Taxation of Contractors | 6 | | Section 7-1. Exemptions from property taxes. A project | 7 | | under this Act and tangible personal property used exclusively | 8 | | in connection with a project that are: | 9 | | (a) owned by the responsible public entity and leased, | 10 | | licensed, financed, or otherwise conveyed to a contractor; | 11 | | or | 12 | | (b) acquired, constructed, or otherwise provided by a | 13 | | contractor on behalf of the responsible public entity; | 14 | | under the terms of a public-private agreement are | 15 | | considered to be public property devoted to an essential | 16 | | public and governmental function and purpose. The property, | 17 | | and a contractor's leasehold estate or interests in the | 18 | | property, are exempt from all ad valorem property taxes and | 19 | | special assessments levied against property by the State or | 20 | | any political subdivision of the State. | 21 | | Section 7-10. Exemptions from retail and use taxes. A | 22 | | contractor or any other person purchasing tangible personal | 23 | | property for incorporation into or improvement of a structure |
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| 1 | | or facility constituting or becoming part of the land included | 2 | | in a project is entitled to the exemption from retail tax and | 3 | | use tax provided under the Retailers' Occupation Tax Act and | 4 | | Use Tax Act, respectively, with respect to that tangible | 5 | | personal property. | 6 | | Section 7-15. Taxation of income. Income received by a | 7 | | contractor under the terms of a public-private agreement is | 8 | | subject to taxation in the same manner as income received by | 9 | | other private entities. | 10 | | Article 8. Financial Arrangements | 11 | | Section 8-1. Actions to obtain credit assistance. The | 12 | | responsible public entity may do any combination of applying | 13 | | for, executing, or endorsing applications submitted by private | 14 | | entities to obtain federal, State, or local credit assistance | 15 | | for qualifying projects developed, financed, or operated under | 16 | | this Act, including loans, lines of credit, and guarantees. | 17 | | Section 8-5. Actions to obtain assistance. The responsible | 18 | | public entity may take any action to obtain federal, State, or | 19 | | local assistance for a qualifying project that serves the | 20 | | public purpose of this Act and may enter into any contracts | 21 | | required to receive the federal assistance. The responsible | 22 | | public entity may determine that it serves the public purpose |
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| 1 | | of this Act for all or any portion of the costs of a qualifying | 2 | | project to be paid, directly or indirectly, from the proceeds | 3 | | of a grant or loan, line of credit, or loan guarantee made by a | 4 | | local, State, or federal government or any agency or | 5 | | instrumentality of a local, State, or federal government. Such | 6 | | assistance may include, but not be limited to, federal credit | 7 | | assistance pursuant to the Transportation Infrastructure | 8 | | Finance and Innovation Act and the Water Infrastructure and | 9 | | Finance and Innovation Act. | 10 | | Section 8-10. Grants or loans from amounts received from | 11 | | governments. The responsible public entity may agree to make | 12 | | grants or loans for the development, financing, or operation | 13 | | of a qualifying project from time to time, from amounts | 14 | | received from the federal, State, or local government or any | 15 | | agency or instrumentality of the federal, State, or local | 16 | | government. | 17 | | Section 8-15. Terms and conditions of financing. Any | 18 | | financing of a qualifying project may be in the amounts and | 19 | | upon the terms and conditions that are determined by the | 20 | | parties to the public-private agreement. | 21 | | Section 8-20. General powers for the purpose of financing. | 22 | | For the purpose of financing a qualifying project, the | 23 | | contractor and the responsible public entity may do the |
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| 1 | | following: | 2 | | (a) Propose to use any and all of the revenues that may | 3 | | be available to them, including public or private pension | 4 | | funds. | 5 | | (b) Enter into grant agreements. | 6 | | (c) Access any other funds available to the | 7 | | responsible public entity, including public pension funds. | 8 | | (d) Accept grants from the responsible public entity | 9 | | or other public or private agency or entity. | 10 | | Section 8-25. Debt financing powers. | 11 | | (a) For the purpose of financing a qualifying project, the | 12 | | responsible public entity may enter into agreements, leases, | 13 | | or subleases with a contractor, and do the following: | 14 | | (1) Issue bonds, debt, or other obligations. | 15 | | (2) Enter into loan agreements or other credit | 16 | | facilities. | 17 | | (3) Secure any financing with a pledge of, security | 18 | | interest in, or lien on all or part of a property subject | 19 | | to the agreement, including all of the party's property | 20 | | interests in the qualifying project. | 21 | | (b) Any such debt shall mature at such time or times not | 22 | | exceeding the earlier of the term of the public-private | 23 | | agreement and the life of the qualifying project. | 24 | | Section 8-30. Use of public funds for financing. For the |
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| 1 | | purpose of financing a qualifying project, public funds, | 2 | | including public pension funds, may be used and mixed and | 3 | | aggregated with funds provided by or on behalf of the | 4 | | contractor or other private entities. | 5 | | Section 8-35. Private activity bonds for purpose of | 6 | | financing. For the purpose of financing a qualifying project, | 7 | | a responsible public entity is authorized to do any | 8 | | combination of applying for, executing, or endorsing | 9 | | applications for an allocation of tax-exempt bond financing | 10 | | authorization provided by the United States Internal Revenue | 11 | | Code, as well as financing available under any other federal | 12 | | law or program. | 13 | | Section 8-40. Financing not to be considered debt of the | 14 | | State or any political subdivision of the State. Any bonds, | 15 | | debt, or other securities or other financing issued by or on | 16 | | behalf of a contractor for the purposes of a project | 17 | | undertaken under this Act shall not be deemed to constitute a | 18 | | debt of the responsible public entity, the State, or any | 19 | | political subdivision of the State or a pledge of the faith and | 20 | | credit of the responsible public entity, the State, or any | 21 | | political subdivision of the State. | 22 | | Article 9. Issuance of Debt by Responsible Public Entity |
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| 1 | | Section 9-1. Sale of bonds or notes. A responsible public | 2 | | entity may, by resolution, issue and sell bonds or notes of the | 3 | | responsible public entity for the purpose of providing funds | 4 | | to carry out this Act with respect to the development, | 5 | | financing, or operation of a project or projects or the | 6 | | refunding of any bonds or notes, together with any costs | 7 | | associated with a transaction. | 8 | | Section 9-5. Leases of projects. A responsible public | 9 | | entity may enter into a lease with the contractor of a project | 10 | | or projects financed under this Act. The responsible public | 11 | | entity may lease a project financed under this Act to a | 12 | | contractor under a public-private agreement. | 13 | | Section 9-10. Payment of lease rentals. The responsible | 14 | | public entity shall pay lease rentals for leases that the | 15 | | responsible public entity has entered into under this Act that | 16 | | secure bonds issued under this Article from any legally | 17 | | available revenues, including: | 18 | | (a) payments received from a contractor; | 19 | | (b) federal highway revenues; | 20 | | (c) distributions from the State highway fund; and | 21 | | (d) other funds available to the responsible public | 22 | | entity for such purpose. | 23 | | Section 9-15. Properties of bonds or notes issued under |
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| 1 | | Article. The bonds or notes issued under this Article: | 2 | | (a) constitute the corporate obligations of the | 3 | | responsible public entity; | 4 | | (b) do not constitute an indebtedness of the State | 5 | | within the meaning or application of any constitutional | 6 | | provision or limitation; and | 7 | | (c) are payable solely as to both principal and | 8 | | interest from: | 9 | | (1) the revenues from a lease to the responsible | 10 | | public entity, if any; | 11 | | (2) proceeds of bonds or notes, if any; | 12 | | (3) investment earnings on proceeds of bonds or | 13 | | notes; or | 14 | | (4) other funds available to the responsible | 15 | | public entity for such purpose. | 16 | | Article 10. Acquisition of Property | 17 | | Section 10-1. General. The responsible public entity may | 18 | | exercise any power of condemnation or eminent domain, | 19 | | including quick-take powers, that it has under law, for the | 20 | | purpose of acquiring any lands or estates or interests in land | 21 | | for a qualifying project to the extent provided in the | 22 | | public-private agreement or otherwise to the extent that the | 23 | | responsible public entity finds that the action serves the | 24 | | public purpose of this Act and deems it appropriate in the |
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| 1 | | exercise of its powers under this Act. | 2 | | Section 10-5. Entering into grants of property interests. | 3 | | The responsible public entity and a contractor may enter into | 4 | | the leases, licenses, easements, and other grants of property | 5 | | interests that the responsible public entity determines | 6 | | necessary to carry out this Act. | 7 | | Article 11. Law Enforcement | 8 | | Section 11-1. Powers and jurisdiction within limits of | 9 | | qualifying project. | 10 | | (a) All law enforcement officers of the State and of each | 11 | | affected jurisdiction have the same powers and jurisdiction | 12 | | within the limits of the facility as they have in their | 13 | | respective areas of jurisdiction. | 14 | | (b) Law enforcement officers shall have access to the | 15 | | facility at any time for the purpose of exercising the law | 16 | | enforcement officers' powers and jurisdiction. | 17 | | Section 11-5. Application of traffic and motor vehicle | 18 | | laws; punishment for infractions. | 19 | | (a) The traffic and motor vehicle laws of the State of | 20 | | Illinois or, if applicable, any local jurisdiction shall be | 21 | | the same as those applying to conduct on similar projects in | 22 | | the State of Illinois or the local jurisdiction. |
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| 1 | | (b) Punishment for infractions and offenses shall be as | 2 | | prescribed by law for conduct occurring on similar projects in | 3 | | the State of Illinois or the local jurisdiction. | 4 | | Article 12. Term of Agreement; Reversion of Property to State | 5 | | Section 12-1. Maximum term of agreement. The term of a | 6 | | public-private agreement, including all extensions, may not | 7 | | exceed 99 years. | 8 | | Section 12-5. Date of termination of contractor's | 9 | | authority and duties. The responsible public entity shall | 10 | | terminate the contractor's authority and duties under the | 11 | | public-private agreement on the date set forth in the | 12 | | public-private agreement. | 13 | | Section 12-10. Duties and obligations upon termination of | 14 | | agreement; dedication to responsible public entity. Upon | 15 | | termination of the public-private agreement, the authority and | 16 | | duties of the contractor under this Act cease, except for | 17 | | those duties and obligations that extend beyond the | 18 | | termination, as set forth in the public-private agreement, and | 19 | | all interests in the facility shall revert to the responsible | 20 | | public entity. | 21 | | Article 13. Additional Powers of Responsible Public Entity |
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| 1 | | with Respect to Qualifying Projects | 2 | | Section 13-1. Cooperation with governmental entities. Each | 3 | | responsible public entity may exercise any powers provided | 4 | | under this Act in participation or cooperation with any | 5 | | governmental entity and enter into any contracts to facilitate | 6 | | that participation or cooperation without compliance with any | 7 | | other statute. Each responsible public entity shall cooperate | 8 | | with each other and with other governmental entities in | 9 | | carrying out qualifying projects under this Act. | 10 | | Section 13-5. Contracts and agreements necessary to | 11 | | performance of duties and execution of powers. Each | 12 | | responsible public entity may make and enter into all | 13 | | contracts and agreements necessary or incidental to the | 14 | | performance of the responsible public entity's duties and the | 15 | | execution of the responsible public entity's powers under this | 16 | | Act. Except as otherwise required by law, these contracts or | 17 | | agreements are not subject to any approvals other than the | 18 | | approval of the responsible public entity and may be for any | 19 | | term of years and contain any terms that are considered | 20 | | reasonable by the responsible public entity. | 21 | | Section 13-10. Payment of costs. A responsible public | 22 | | entity may pay the costs incurred under a public-private | 23 | | agreement entered into under this Act from any funds available |
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| 1 | | to the responsible public entity under this Act or any other | 2 | | statute. | 3 | | Section 13-15. Action that would impair agreement | 4 | | prohibited. A responsible public entity or other State or | 5 | | local government may not take any action that would impair a | 6 | | public-private agreement entered into under this Act. | 7 | | Section 13-20. Law enforcement assistance. | 8 | | (a) Each responsible public entity may enter into an | 9 | | agreement between and among the contractor, the responsible | 10 | | public entity, and the Illinois State Police concerning the | 11 | | provision of law enforcement assistance with respect to a | 12 | | qualifying project that is the subject of a public-private | 13 | | agreement under this Act. | 14 | | (b) Each responsible public entity is authorized to enter | 15 | | into arrangements with the Illinois State Police related to | 16 | | costs incurred in providing law enforcement assistance under | 17 | | this Act. | 18 | | Article 14. Prohibited Local Action | 19 | | Section 14-1. Prohibited local action. A unit of local | 20 | | government may not take any action that would have the effect | 21 | | of impairing a public-private agreement under this Act, except | 22 | | that this Section 14-1 shall not diminish any existing police |
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| 1 | | power or other power provided by law to a unit of local | 2 | | government.
| 3 | | Article 15. Amendatory Changes | 4 | | Section 15-5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 8 | | by the statutes referenced below, the following shall be | 9 | | exempt from inspection and copying: | 10 | | (a) All information determined to be confidential | 11 | | under Section 4002 of the Technology Advancement and | 12 | | Development Act. | 13 | | (b) Library circulation and order records identifying | 14 | | library users with specific materials under the Library | 15 | | Records Confidentiality Act. | 16 | | (c) Applications, related documents, and medical | 17 | | records received by the Experimental Organ Transplantation | 18 | | Procedures Board and any and all documents or other | 19 | | records prepared by the Experimental Organ Transplantation | 20 | | Procedures Board or its staff relating to applications it | 21 | | has received. | 22 | | (d) Information and records held by the Department of | 23 | | Public Health and its authorized representatives relating |
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| 1 | | to known or suspected cases of sexually transmissible | 2 | | disease or any information the disclosure of which is | 3 | | restricted under the Illinois Sexually Transmissible | 4 | | Disease Control Act. | 5 | | (e) Information the disclosure of which is exempted | 6 | | under Section 30 of the Radon Industry Licensing Act. | 7 | | (f) Firm performance evaluations under Section 55 of | 8 | | the Architectural, Engineering, and Land Surveying | 9 | | Qualifications Based Selection Act. | 10 | | (g) Information the disclosure of which is restricted | 11 | | and exempted under Section 50 of the Illinois Prepaid | 12 | | Tuition Act. | 13 | | (h) Information the disclosure of which is exempted | 14 | | under the State Officials and Employees Ethics Act, and | 15 | | records of any lawfully created State or local inspector | 16 | | general's office that would be exempt if created or | 17 | | obtained by an Executive Inspector General's office under | 18 | | that Act. | 19 | | (i) Information contained in a local emergency energy | 20 | | plan submitted to a municipality in accordance with a | 21 | | local emergency energy plan ordinance that is adopted | 22 | | under Section 11-21.5-5 of the Illinois Municipal Code. | 23 | | (j) Information and data concerning the distribution | 24 | | of surcharge moneys collected and remitted by carriers | 25 | | under the Emergency Telephone System Act. | 26 | | (k) Law enforcement officer identification information |
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| 1 | | or driver identification information compiled by a law | 2 | | enforcement agency or the Department of Transportation | 3 | | under Section 11-212 of the Illinois Vehicle Code. | 4 | | (l) Records and information provided to a residential | 5 | | health care facility resident sexual assault and death | 6 | | review team or the Executive Council under the Abuse | 7 | | Prevention Review Team Act. | 8 | | (m) Information provided to the predatory lending | 9 | | database created pursuant to Article 3 of the Residential | 10 | | Real Property Disclosure Act, except to the extent | 11 | | authorized under that Article. | 12 | | (n) Defense budgets and petitions for certification of | 13 | | compensation and expenses for court appointed trial | 14 | | counsel as provided under Sections 10 and 15 of the | 15 | | Capital Crimes Litigation Act. This subsection (n) shall | 16 | | apply until the conclusion of the trial of the case, even | 17 | | if the prosecution chooses not to pursue the death penalty | 18 | | prior to trial or sentencing. | 19 | | (o) Information that is prohibited from being | 20 | | disclosed under Section 4 of the Illinois Health and | 21 | | Hazardous Substances Registry Act. | 22 | | (p) Security portions of system safety program plans, | 23 | | investigation reports, surveys, schedules, lists, data, or | 24 | | information compiled, collected, or prepared by or for the | 25 | | Regional Transportation Authority under Section 2.11 of | 26 | | the Regional Transportation Authority Act or the St. Clair |
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| 1 | | County Transit District under the Bi-State Transit Safety | 2 | | Act. | 3 | | (q) Information prohibited from being disclosed by the | 4 | | Personnel Record Review Act. | 5 | | (r) Information prohibited from being disclosed by the | 6 | | Illinois School Student Records Act. | 7 | | (s) Information the disclosure of which is restricted | 8 | | under Section 5-108 of the Public Utilities Act.
| 9 | | (t) All identified or deidentified health information | 10 | | in the form of health data or medical records contained | 11 | | in, stored in, submitted to, transferred by, or released | 12 | | from the Illinois Health Information Exchange, and | 13 | | identified or deidentified health information in the form | 14 | | of health data and medical records of the Illinois Health | 15 | | Information Exchange in the possession of the Illinois | 16 | | Health Information Exchange Office due to its | 17 | | administration of the Illinois Health Information | 18 | | Exchange. The terms "identified" and "deidentified" shall | 19 | | be given the same meaning as in the Health Insurance | 20 | | Portability and Accountability Act of 1996, Public Law | 21 | | 104-191, or any subsequent amendments thereto, and any | 22 | | regulations promulgated thereunder. | 23 | | (u) Records and information provided to an independent | 24 | | team of experts under the Developmental Disability and | 25 | | Mental Health Safety Act (also known as Brian's Law). | 26 | | (v) Names and information of people who have applied |
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| 1 | | for or received Firearm Owner's Identification Cards under | 2 | | the Firearm Owners Identification Card Act or applied for | 3 | | or received a concealed carry license under the Firearm | 4 | | Concealed Carry Act, unless otherwise authorized by the | 5 | | Firearm Concealed Carry Act; and databases under the | 6 | | Firearm Concealed Carry Act, records of the Concealed | 7 | | Carry Licensing Review Board under the Firearm Concealed | 8 | | Carry Act, and law enforcement agency objections under the | 9 | | Firearm Concealed Carry Act. | 10 | | (w) Personally identifiable information which is | 11 | | exempted from disclosure under subsection (g) of Section | 12 | | 19.1 of the Toll Highway Act. | 13 | | (x) Information which is exempted from disclosure | 14 | | under Section 5-1014.3 of the Counties Code or Section | 15 | | 8-11-21 of the Illinois Municipal Code. | 16 | | (y) Confidential information under the Adult | 17 | | Protective Services Act and its predecessor enabling | 18 | | statute, the Elder Abuse and Neglect Act, including | 19 | | information about the identity and administrative finding | 20 | | against any caregiver of a verified and substantiated | 21 | | decision of abuse, neglect, or financial exploitation of | 22 | | an eligible adult maintained in the Registry established | 23 | | under Section 7.5 of the Adult Protective Services Act. | 24 | | (z) Records and information provided to a fatality | 25 | | review team or the Illinois Fatality Review Team Advisory | 26 | | Council under Section 15 of the Adult Protective Services |
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| 1 | | Act. | 2 | | (aa) Information which is exempted from disclosure | 3 | | under Section 2.37 of the Wildlife Code. | 4 | | (bb) Information which is or was prohibited from | 5 | | disclosure by the Juvenile Court Act of 1987. | 6 | | (cc) Recordings made under the Law Enforcement | 7 | | Officer-Worn Body Camera Act, except to the extent | 8 | | authorized under that Act. | 9 | | (dd) Information that is prohibited from being | 10 | | disclosed under Section 45 of the Condominium and Common | 11 | | Interest Community Ombudsperson Act. | 12 | | (ee) Information that is exempted from disclosure | 13 | | under Section 30.1 of the Pharmacy Practice Act. | 14 | | (ff) Information that is exempted from disclosure | 15 | | under the Revised Uniform Unclaimed Property Act. | 16 | | (gg) Information that is prohibited from being | 17 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 18 | | Code. | 19 | | (hh) Records that are exempt from disclosure under | 20 | | Section 1A-16.7 of the Election Code. | 21 | | (ii) Information which is exempted from disclosure | 22 | | under Section 2505-800 of the Department of Revenue Law of | 23 | | the Civil Administrative Code of Illinois. | 24 | | (jj) Information and reports that are required to be | 25 | | submitted to the Department of Labor by registering day | 26 | | and temporary labor service agencies but are exempt from |
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| 1 | | disclosure under subsection (a-1) of Section 45 of the Day | 2 | | and Temporary Labor Services Act. | 3 | | (kk) Information prohibited from disclosure under the | 4 | | Seizure and Forfeiture Reporting Act. | 5 | | (ll) Information the disclosure of which is restricted | 6 | | and exempted under Section 5-30.8 of the Illinois Public | 7 | | Aid Code. | 8 | | (mm) Records that are exempt from disclosure under | 9 | | Section 4.2 of the Crime Victims Compensation Act. | 10 | | (nn) Information that is exempt from disclosure under | 11 | | Section 70 of the Higher Education Student Assistance Act. | 12 | | (oo) Communications, notes, records, and reports | 13 | | arising out of a peer support counseling session | 14 | | prohibited from disclosure under the First Responders | 15 | | Suicide Prevention Act. | 16 | | (pp) Names and all identifying information relating to | 17 | | an employee of an emergency services provider or law | 18 | | enforcement agency under the First Responders Suicide | 19 | | Prevention Act. | 20 | | (qq) Information and records held by the Department of | 21 | | Public Health and its authorized representatives collected | 22 | | under the Reproductive Health Act. | 23 | | (rr) Information that is exempt from disclosure under | 24 | | the Cannabis Regulation and Tax Act. | 25 | | (ss) Data reported by an employer to the Department of | 26 | | Human Rights pursuant to Section 2-108 of the Illinois |
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| 1 | | Human Rights Act. | 2 | | (tt) Recordings made under the Children's Advocacy | 3 | | Center Act, except to the extent authorized under that | 4 | | Act. | 5 | | (uu) Information that is exempt from disclosure under | 6 | | Section 50 of the Sexual Assault Evidence Submission Act. | 7 | | (vv) Information that is exempt from disclosure under | 8 | | subsections (f) and (j) of Section 5-36 of the Illinois | 9 | | Public Aid Code. | 10 | | (ww) Information that is exempt from disclosure under | 11 | | Section 16.8 of the State Treasurer Act. | 12 | | (xx) Information that is exempt from disclosure or | 13 | | information that shall not be made public under the | 14 | | Illinois Insurance Code. | 15 | | (yy) Information prohibited from being disclosed under | 16 | | the Illinois Educational Labor Relations Act. | 17 | | (zz) Information prohibited from being disclosed under | 18 | | the Illinois Public Labor Relations Act. | 19 | | (aaa) Information prohibited from being disclosed | 20 | | under Section 1-167 of the Illinois Pension Code. | 21 | | (bbb) Information that is exempt from disclosure under | 22 | | Section 4-30 of the Public-Private Partnerships Act. | 23 | | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 24 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 25 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 26 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; |
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| 1 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | 2 | | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | 3 | | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | 4 | | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | 5 | | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | 6 | | eff. 7-7-20.)
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