Illinois General Assembly - Full Text of Public Act 098-0595
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Public Act 098-0595





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
        (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
        (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
            (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
        (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
        (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
        (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
        (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
        (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.)

Effective Date: 6/1/2014