Public Act 098-0595
 
SB2365 EnrolledLRB098 06614 MGM 36657 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

  
 
    Section 5. The Public Private Agreements for the Illiana 
Expressway Act is amended  by changing Section 25 as follows:
 
    (605 ILCS 130/25)

    Sec. 25. 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 
    consistent with Section 15 of this Act;
        (2) The powers, duties, responsibilities, obligations, 
    and functions of the Department and the contractor;
        (3) Compensation or payments to the Department, if 
    applicable;
        (4) Compensation or payments to the contractor;
        (5) A provision specifying that the Department:
            (A) has ready access to information regarding the 
        contractor's powers, duties, responsibilities, 
        obligations, and functions under the public private 
        agreement;
            (B) has the right to demand and receive information 
        from the contractor concerning any aspect of the 
        contractor's powers, duties, responsibilities, 
        obligations, and functions under the public private 
        agreement; and
            (C) has the authority to direct or countermand 
        decisions by the contractor at any time;
        (6) A provision imposing an affirmative duty on the 
    contractor to provide the Department with any information 
    the contractor reasonably believes the Department would 
    want to know or would need to know to enable the Department 
    to exercise its powers, carry out its duties, 
    responsibilities, and obligations, and perform its 
    functions under this Act or the public private agreement or 
    as otherwise required by law;
        (7) A provision requiring the contractor to provide the 
    Department with advance notice of any decision that bears 
    significantly on the public interest so the Department has 
    a reasonable opportunity to evaluate and countermand that 
    decision pursuant to this Section;
        (8) A requirement that the Department monitor and 
    oversee the contractor's practices and take action that the 
    Department considers appropriate to ensure that the 
    contractor is in compliance with the terms of the public 
    private agreement;
        (9) The authority of the Department to enter into 
    contracts with third parties pursuant to Section 50 of this 
    Act;
        (10) A provision governing the contractor's authority 
    to negotiate and execute subcontracts with third parties;
        (10.5) A provision stating that, in the event that the 
    contractor does not have a subcontract with a design-build 
    entity in effect at the time of  execution of the 
    public-private agreement by the Department, the contractor 
    must the contractor finds it necessary, proper, or 
    desirable to enter into subcontracts with one or more 
    design-build entities, then it must follow a selection 
    process that is, to the greatest extent possible, identical 
    to the selection process contained in the Design-Build 
    Procurement Act;
        (11) The authority of the contractor to impose user 
    fees and the amounts of those fees, including the authority 
    of the contractor to use congestion pricing, pursuant to 
    which higher tolls rates are imposed during times or in 
    locations of increased congestion;
        (12) A provision governing the deposit and allocation 
    of revenues including user fees;
        (13) A provision governing rights to real and personal 
    property of the State, the Department, the contractor, and 
    other third parties;
        (14) A provision stating that the contractor must, 
    pursuant to Section 75 of this Act, finance an independent 
    audit if the construction costs under the contract exceed 
    $50,000,000;
        (15) A provision regarding the implementation and 
    delivery of a comprehensive system of internal audits;
        (16) A provision regarding the implementation and 
    delivery of reports, which must include a requirement that 
    the contractor file with the Department, at least on an 
    annual basis, financial statements containing information 
    required by generally accepted accounting principles 
    (GAAP);
        (17) Procedural requirements for obtaining the prior 
    approval of the Department when rights that are the subject 
    of the agreement, including but not limited to development 
    rights, construction rights, property rights, and rights 
    to certain revenues, are sold, assigned, transferred, or 
    pledged as collateral to secure financing or for any other 
    reason;
        (18) Grounds for termination of the agreement by the 
    Department or the contractor and a restatement of the 
    Department's rights under Section 35 of this Act;
        (19) A requirement that the contractor enter into a 
    project labor agreement pursuant to Section 100 of this 
    Act;
        (19.5) A provision stating that construction 
    contractors shall comply with the requirements of Section 
    30-22 of the Illinois Procurement Code pursuant to Section 
    100 of this Act;
        (20) Timelines, deadlines, and scheduling;
        (21) Review of plans, including development, 
    financing, construction, management, or operations plans, 
    by the Department;
        (22) Inspections by the Department, including 
    inspections of construction work and improvements;
        (23) Rights and remedies of the Department in the event 
    that the contractor defaults or otherwise fails to comply 
    with the terms of the agreement;
        (24) A code of ethics for the contractor's officers and 
    employees; and
        (25) Procedures for amendment to the agreement.
    (b) The public private agreement may include any or all of 
the following:
        (1) A provision regarding the extension of the 
    agreement that is consistent with Section 15 of this Act;
        (2) Cash reserves requirements;
        (3) Delivery of performance and payment bonds or other 
    performance security in a form and amount that is 
    satisfactory to the Department;
        (4) Maintenance of public liability insurance;
        (5) Maintenance of self-insurance;
        (6) Provisions governing grants and loans, pursuant to 
    which the Department may agree to make grants or loans for 
    the development, financing, construction, management, or 
    operation of the Illiana Expressway project from time to 
    time from amounts received from the federal government or 
    any agency or instrumentality of the federal government or 
    from any State or local agency;
        (7) Reimbursements to the Department for work 
    performed and goods, services, and equipment provided by 
    the Department; and
        (8) All other terms, conditions, and provisions 
    acceptable to the Department that the Department deems 
    necessary and proper and in the public interest.

(Source: P.A. 96-913, eff. 6-9-10; 97-808, eff. 7-13-12.)