(20 ILCS 3407/Art. 5 heading) ARTICLE 5. FORMER COAL MINE EMPLOYEE PREFERENCE (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 10 heading) ARTICLE 10. SINGLE PRIME PROCUREMENT (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 15 heading) ARTICLE 15. AWARD TO NOT-FOR-PROFIT AGENCY FOR PERSONS WITH SIGNIFICANT DISABILITIES (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 20 heading) ARTICLE 20. VETERANS PREFERENCES (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 25 heading) ARTICLE 25. SMALL BUSINESS SET-ASIDE REPORTING (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 35 heading) ARTICLE 35. CMS FACILITY LEASES (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 40 heading) ARTICLE 40. DISABILITY-SERVICE ORGANIZATIONS (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 45 heading)
ARTICLE 45. REIMAGINING HOTEL FLORENCE ACT
(Source: P.A. 103-570, eff. 1-1-24.) |
(20 ILCS 3407/45-1)
Sec. 45-1. Short title. This Act may be cited as the Reimagining Hotel Florence Act. References in this Article to "this Act" mean this Article.
(Source: P.A. 103-570, eff. 1-1-24.) |
(20 ILCS 3407/45-5) (Text of Section before amendment by P.A. 103-865 ) Sec. 45-5. Legislative intent. Originally built in 1881, the Hotel Florence is located within the Pullman Historic District and was placed on the National Register of Historic Places in 1969 and was designated a National Historic Landmark on December 30, 1970. To save it from demolition the Historic Pullman Foundation purchased the hotel in 1975 and maintained ownership until 1991 when the State of Illinois took title of the building. The Hotel Florence is continually closed for renovations and is a semi-closed public space. The hotel sits next to the Pullman National Historic Landmark District, which was designated as a National Monument in 2015 and recently redesignated as Illinois's first National Park on December 29, 2022 and is operated by the U.S. National Park Service. This redesignation allows for the National Park Service to enter into cooperative agreements with outside parties for interpretive and educational programs at nonfederal historic properties within the boundaries of the park and to provide assistance for the preservation of nonfederal land within the boundaries of the historical park and at sites in close proximity to it, which may include the Hotel Florence. The General Assembly has allocated $21,000,000 in capital infrastructure funds to aid in the redevelopment of the Hotel Florence. The General Assembly finds that allowing for the Department of Natural Resources to enter into a public-private partnership that will allow the Hotel Florence to become a fully reactivated space in a timely manner that is in the public benefit of the State and the local Pullman community. (Source: P.A. 103-570, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-865 ) Sec. 45-5. Legislative intent. Originally built in 1881, the Hotel Florence is located within the Pullman Historic District and was placed on the National Register of Historic Places in 1969 and was designated a National Historic Landmark on December 30, 1970. To save it from demolition the Historic Pullman Foundation purchased the hotel in 1975 and maintained ownership until 1991 when the State of Illinois took title of the building. The Hotel Florence is continually closed for renovations and is a semi-closed public space. The hotel sits within the Pullman National Historic Landmark District, which was designated as a National Monument in 2015 and recently redesignated as Illinois' first National Park on December 29, 2022 and is operated by the U.S. National Park Service. This redesignation allows for the National Park Service to enter into cooperative agreements with outside parties for interpretive and educational programs at nonfederal historic properties within the boundaries of the park and to provide assistance for the preservation of nonfederal land within the boundaries of the historical park and at sites in close proximity to it, which includes the Pullman State Historic Site (Hotel Florence, Hotel Florence Annex, Factory Grounds, Rear Erecting Shops, Front Erecting Shop North Factory Wing, Front Erecting Shop South Factory Wing Ruin, and the Historic 1911 "Advance" Railroad Passenger Car). The General Assembly has allocated $21,000,000 in capital infrastructure funds to aid in the restoration and capital improvements at the Pullman State Historic Site, including, but not limited to, renovation of the Hotel Florence. The General Assembly finds that allowing for the Department of Natural Resources to enter into a public-private partnership that will allow the Hotel Florence to become a fully reactivated space in a timely manner that is in the public benefit of the State and the local Pullman community. (Source: P.A. 103-570, eff. 1-1-24; 103-865, eff. 1-1-25.) |
(20 ILCS 3407/45-10) (Text of Section before amendment by P.A. 103-865 ) Sec. 45-10. Definitions. In this Act: "Agreement" means a public-private agreement. "Contractor" means a person that has been selected to enter or has entered into a public-private agreement with the Department on behalf of the State for the development, financing, construction, management, or operation of the Hotel Florence pursuant to this Act. "Department" means the Department of Natural Resources. "Hotel Florence" means real property in City of Chicago located within the Pullman Historic District that is owned by the Illinois Department of Natural Resources and was acquired in 1991, at the address of 11111 S. Forrestville Avenue, Chicago, Illinois, as well as the adjacent Hotel Florence Annex building located at 537 East 111th Street, Chicago, Illinois 60628 and any associated grounds connected to either property. "Maintain" or "maintenance" includes ordinary maintenance, repair, rehabilitation, capital maintenance, maintenance replacement, and any other categories of maintenance that may be designated by the Department. "Offeror" means a person that responds to a request for proposals under this Act. "Operate" or "operation" means to do one or more of the following: maintain, improve, equip, modify, or otherwise operate. "Person" means any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, or any other legal entity, group, or combination thereof. "Public-private agreement" means an agreement or contract between the Department on behalf of the State and all schedules, exhibits, and attachments thereto, entered into pursuant to a competitive request for proposals process governed by this Act, for the development, financing, construction, management, or operation of the Hotel Florence under this Act. "Revenues" means all revenues, including, but not limited to, income, user fees, earnings, interest, lease payments, allocations, moneys from the federal government, the State, and units of local government, including, but not limited to, federal, State, and local appropriations, grants, loans, lines of credit, and credit guarantees; bond proceeds; equity investments; service payments; or other receipts arising out of or in connection with the financing, development, construction, management, or operation of the Hotel Florence. "State" means the State of Illinois. (Source: P.A. 103-570, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-865 ) Sec. 45-10. Definitions. In this Act: "Agreement" means a public-private agreement. "Contractor" means a person that has been selected to enter or has entered into a public-private agreement with the Department on behalf of the State for the development, financing, construction, management, or operation of the Hotel Florence pursuant to this Act. "Department" means the Department of Natural Resources. "Hotel Florence" means real property in the City of Chicago located within the Pullman State Historic Site that is owned by the Illinois Department of Natural Resources and was acquired in 1991, at the address of 11111 S. Forrestville Avenue, Chicago, Illinois, as well as the adjacent Hotel Florence Annex building located at 537 East 111th Street, Chicago, Illinois 60628 and any associated grounds connected to the Hotel Florence or Hotel Florence Annex. "Maintain" or "maintenance" includes ordinary maintenance, repair, rehabilitation, capital maintenance, maintenance replacement, and any other categories of maintenance that may be designated by the Department. "Offeror" means a person that responds to a request for solicitations under this Act. "Operate" or "operation" means to do one or more of the following: maintain, improve, equip, modify, or otherwise operate. "Person" means any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, or any other legal entity, group, or combination thereof. "Public-private agreement" means an agreement or contract between the Department on behalf of the State and all schedules, exhibits, and attachments thereto, entered into pursuant to a competitive request for solicitations process governed by this Act, for the development, financing, construction, management, or operation of the Hotel Florence under this Act. "Pullman Factory" means real property in the City of Chicago located within the Pullman State Historic Site that is owned by the Department of Natural Resources and was acquired in 1991, at the addresses 620 and 630 East 111th Street, Chicago, Illinois 60628. The Factory Grounds include the Front Erecting Shop North Factory Wing, Front Erecting Shop South Factory Wing (Ruin), Rear Erecting Shops, Proposed Train Car Display Building, Historic 1911 "Advance" Railroad Passenger Car, Rail Spur Connection, and associated grounds. "Revenues" means all revenues, including, but not limited to, income, user fees, earnings, interest, lease payments, allocations, moneys from the federal government, the State, and units of local government, including, but not limited to, federal, State, and local appropriations, grants, loans, lines of credit, and credit guarantees; bond proceeds; equity investments; service payments; or other receipts arising out of or in connection with the financing, development, construction, management, or operation of the Hotel Florence. "State" means the State of Illinois. (Source: P.A. 103-570, eff. 1-1-24; 103-865, eff. 1-1-25.) |
(20 ILCS 3407/45-15) (Text of Section before amendment by P.A. 103-865 ) Sec. 45-15. Authority to enter public-private agreement. (a) Notwithstanding any provision of law to the contrary, the Department on behalf of the State may, pursuant to a competitive request for proposals process governed by the Illinois Procurement Code, rules adopted under that Code, and this Act, enter into a public-private agreement to develop, finance, construct, lease, manage, or operate the Hotel Florence on behalf of the State, pursuant to which the contractors may receive certain revenues, including management or user fees in consideration of the payment of moneys to the State for that right. (b) The term of a public-private agreement shall be no less than 25 years and no more than 75 years. (c) The term of a public-private agreement may be extended, but only if the extension is specifically authorized by the General Assembly by law. (Source: P.A. 103-570, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-865 ) Sec. 45-15. Authority to enter public-private agreement. (a) Notwithstanding any provision of law to the contrary, the Department on behalf of the State may, pursuant to a competitive solicitation process governed by this Act, enter into a public-private agreement to develop, finance, construct, lease, manage, divest ownership in, and operate the Hotel Florence and the Pullman Factory on behalf of the State, pursuant to which the contractors may receive certain revenues, including management or user fees in consideration of the payment of moneys to the State for that right. At the discretion of the Department, the Factory Grounds may be included in the public-private agreement. (b) The term of a public-private agreement shall be no less than 25 years and no more than 75 years. (c) The term of a public-private agreement may be extended, but only if the extension is specifically authorized by the General Assembly by law. (Source: P.A. 103-570, eff. 1-1-24; 103-865, eff. 1-1-25.) |
(20 ILCS 3407/45-20) (Text of Section before amendment by P.A. 103-865 ) Sec. 45-20. Procurement; prequalification. The Department may establish a process for prequalification of offerors. If the Department does create such a process, it shall: (1) provide a public notice of the prequalification | ||
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(2) set forth requirements and evaluation criteria in | ||
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(3) determine which offerors that have submitted | ||
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(4) allow only those offerors that have been | ||
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(Source: P.A. 103-570, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-865 ) Sec. 45-20. Prequalification. The Department may establish a process for prequalification of offerors. The Department may enter into agreements with governmental entities and other outside entities to assist in drafting the solicitation and evaluation process as well as develop evaluation criteria for the prequalification of offerors. If the Department does create such a process, it shall: (1) provide a public notice of the prequalification | ||
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(2) set forth requirements and evaluation criteria in | ||
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(3) determine which offerors that have submitted | ||
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(4) allow only those offerors that have been | ||
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(Source: P.A. 103-570, eff. 1-1-24; 103-865, eff. 1-1-25.) |
(20 ILCS 3407/45-25) (Text of Section before amendment by P.A. 103-865 ) Sec. 45-25. Request for proposals process to enter into public-private agreement. (a) Notwithstanding any provision of law to the contrary, the Department on behalf of the State shall select a contractor through a competitive request for proposals process governed by the Illinois Procurement Code and rules adopted under that Code and this Act. (b) The competitive request for proposals process shall, at a minimum, solicit statements of qualification and proposals from offerors. (c) The competitive request for proposals process shall, at a minimum, take into account the following criteria: (1) the offeror's plans for the Hotel Florence | ||
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(2) the offeror's current and past business practices; (3) the offeror's poor or inadequate past performance | ||
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(4) the offeror's ability to meet and past | ||
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(5) the offeror's ability to comply with and past | ||
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(6) the offeror's plans to comply with the Business | ||
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(d) The Department shall not include terms in the request for proposals that provide an advantage, whether directly or indirectly, to any contractor presently providing goods, services, or equipment to the Department. (e) The Department shall select one or more offerors as finalists. (f) After the procedures required in this Section have been completed, the Department shall make a determination as to whether the offeror should be designated as the contractor for the Hotel Florence project and shall submit the decision to the Governor and to the Governor's Office of Management and Budget. After review of the Department's determination, the Governor may accept or reject the determination. If the Governor accepts the determination of the Department, the Governor shall designate the offeror for the Hotel Florence project. (Source: P.A. 103-570, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-865 ) Sec. 45-25. Request for solicitation process to enter into public-private agreement. (a) Notwithstanding any provision of law to the contrary, the Department on behalf of the State shall select a contractor through a competitive solicitation process governed by this Act. The Department may enter into agreements with governmental entities and other outside entities to assist the Department in drafting, reviewing, and scoring the proposals. (b) The competitive solicitation process shall, at a minimum, solicit statements of qualification and proposals from offerors. (c) The competitive request for solicitation process shall, at a minimum, take into account the following criteria: (1) the offeror's plans for the Hotel Florence | ||
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(2) the offeror's current and past business practices; (3) the offeror's poor or inadequate past performance | ||
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(4) the offeror's ability to meet and past | ||
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(5) the offeror's ability to comply with and past | ||
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(6) the offeror's plans to comply with the Business | ||
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(7) the offeror's plans for the Pullman Factory. (d) The Department shall not include terms in the request for solicitations that provide an advantage, whether directly or indirectly, to any contractor presently providing goods, services, or equipment to the Department. (e) The Department shall select one or more offerors as finalists. (f) After the procedures required in this Section have been completed, the Department shall make a determination as to whether the offeror should be designated as the contractor for the Hotel Florence project and shall submit the decision to the Governor and to the Governor's Office of Management and Budget. After review of the Department's determination, the Governor may accept or reject the determination. If the Governor accepts the determination of the Department, the Governor shall designate the offeror for the Hotel Florence project. (Source: P.A. 103-570, eff. 1-1-24; 103-865, eff. 1-1-25.) |
(20 ILCS 3407/45-30) (Text of Section before amendment by P.A. 103-865 ) Sec. 45-30. Provisions of the public-private agreement. (a) The public-private agreement shall include all of the following: (1) the term of the public-private agreement that is | ||
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(2) the powers, duties, responsibilities, | ||
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(3) compensation or payments to the Department, if | ||
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(4) compensation or payments to the contractor, if | ||
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(5) a provision specifying that the Department: (A) has ready access to information regarding the | ||
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(B) has the right to demand and receive | ||
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(C) has the authority to direct or countermand | ||
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(6) a provision imposing an affirmative duty on the | ||
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(7) the authority of the Department to enter into | ||
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(8) the authority of the Department to request that | ||
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(9) a provision governing the contractor's authority | ||
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(10) the authority of the contractor to impose user | ||
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(11) a provision governing the deposit and allocation | ||
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(12) a provision governing rights to real and | ||
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(13) grounds for termination of the agreement by the | ||
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(14) a requirement that the contractor enter into a | ||
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(15) a provision stating that construction | ||
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(16) rights and remedies of the Department if the | ||
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(17) procedures for amendment to the agreement; and (18) all other terms, conditions, and provisions | ||
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(Source: P.A. 103-570, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-865 ) Sec. 45-30. Provisions of the public-private agreement. The public-private agreement shall include all of the following: (1) the term of the public-private agreement that is | ||
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(2) the powers, duties, responsibilities, | ||
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(3) compensation or payments to the Department, if | ||
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(4) compensation or payments to the contractor, if | ||
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(5) a provision specifying that the Department: (A) has ready access to information regarding the | ||
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(B) has the right to demand and receive | ||
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(C) has the authority to direct or countermand | ||
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(6) a provision imposing an affirmative duty on the | ||
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(6.5) a provision that this project will require | ||
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(7) the authority of the Department to enter into | ||
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(8) the authority of the Department to request that | ||
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(9) a provision governing the contractor's authority | ||
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(10) the authority of the contractor to impose user | ||
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(11) a provision governing the deposit and allocation | ||
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(12) a provision governing rights to real and | ||
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(13) grounds for termination of the agreement by the | ||
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(14) a requirement that the contractor enter into a | ||
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(15) a provision stating that construction | ||
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(16) rights and remedies of the Department if the | ||
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(17) procedures for amendment to the agreement; (18) all other terms, conditions, and provisions | ||
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(19) a requirement that the contract complies with | ||
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(Source: P.A. 103-570, eff. 1-1-24; 103-865, eff. 1-1-25.) |
(20 ILCS 3407/45-35) (Section scheduled to be repealed on January 1, 2025) Sec. 45-35. Time limitations. The Department shall issue a request for proposals within 6 months after the effective date of this Act. The Department shall have 6 months from the date of issuance of the request for proposals to select a contractor. (Source: P.A. 103-570, eff. 1-1-24. Repealed by P.A. 103-865, eff. 1-1-25.) |
(20 ILCS 3407/45-40)
Sec. 45-40. Term of agreement; reversion of property to the Department. (a) The Department may terminate the contractor's authority and duties under the public-private agreement on the date set forth in the public-private agreement. (b) Upon termination of the public-private agreement, the authority and duties of the contractor under this Act cease, except for those duties and obligations that extend beyond the termination, as set forth in the public-private agreement, and all interests in the Hotel Florence shall revert to the Department.
(Source: P.A. 103-570, eff. 1-1-24.) |
(20 ILCS 3407/45-45)
Sec. 45-45. Prohibited local action; home rule. A unit of local government, including a home rule unit, may not take any action that would have the effect of impairing the public-private agreement under this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 103-570, eff. 1-1-24.) |
(20 ILCS 3407/45-50) Sec. 45-50. Powers liberally construed. The powers conferred by this Act shall be liberally construed in order to accomplish their purposes and shall be in addition and supplemental to the powers conferred by any other law. If any other law or rule is inconsistent with this Act, this Act is controlling as to any public-private agreement entered into under this Act. (Source: P.A. 103-570, eff. 1-1-24.) |
(20 ILCS 3407/45-55) Sec. 45-55. Full and complete authority. This Act contains full and complete authority for agreements and leases with private entities to carry out the activities described in this Act. Except as otherwise required by law, no procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the Department or any other State or local agency or official are required to enter into an agreement or lease. (Source: P.A. 103-570, eff. 1-1-24.) |
(20 ILCS 3407/Art. 50 heading) ARTICLE 50. DURATION OF CONTRACTS (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 85 heading) ARTICLE 85. TRANSPORTATION SUSTAINABILITY PROCUREMENT PROGRAM (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 80 heading) ARTICLE 80. STATE FAIRGROUNDS (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 75 heading) ARTICLE 75. PUBLIC INSTITUTIONS OF HIGHER EDUCATION (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 65 heading) ARTICLE 65. REQUESTS FOR WAIVER OF ASPIRATIONAL GOALS (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 60 heading) ARTICLE 60. CONTRACTOR DIVERSITY REPORTING (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 55 heading) ARTICLE 55. PUBLIC EDUCATION PROGRAMMING (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 90 heading) ARTICLE 90. PUBLIC-PRIVATE PARTNERSHIP FOR TRANSPORTATION ACT (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 95 heading) ARTICLE 95. LICENSING OF SOFTWARE APPLICATIONS (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 97 heading) ARTICLE 97. PUBLIC CONSTRUCTION BONDS (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 98 heading) ARTICLE 98 VENDOR CONTRIBUTION LIMITS AND REGISTRATION REQUIREMENTS (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 100 heading) ARTICLE 100. LAND MAINTENANCE ACTIVITY PROJECTS (Amendatory provisions; text omitted) (Source: P.A. 103-570, eff. 1-1-24; text omitted.) |
(20 ILCS 3407/Art. 999 heading)
ARTICLE 999. EFFECTIVE DATE
(Source: P.A. 103-570, eff. 1-1-24.) |
(20 ILCS 3407/999-99)
Sec. 999-99. Effective date. This Act takes effect January 1, 2024.
(Source: P.A. 103-570, eff. 1-1-24.) |