Illinois 2023-2024 Regular Session

Illinois House Bill HB0782 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	HB0782 EngrossedLRB103 04374 RPS 49380 b HB0782 Engrossed LRB103 04374 RPS 49380 b
2		-	HB0782 Engrossed LRB103 04374 RPS 49380 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0782 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: 20 ILCS 5/1-1 was 20 ILCS 5/1 Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the short title. LRB103 04374 RPS 49380 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0782 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: 20 ILCS 5/1-1 was 20 ILCS 5/1 20 ILCS 5/1-1 was 20 ILCS 5/1 Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the short title. LRB103 04374 RPS 49380 b LRB103 04374 RPS 49380 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0782 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
	3	+	20 ILCS 5/1-1 was 20 ILCS 5/1 20 ILCS 5/1-1 was 20 ILCS 5/1
	4	+	20 ILCS 5/1-1 was 20 ILCS 5/1
	5	+	Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the short title.
	6	+	LRB103 04374 RPS 49380 b LRB103 04374 RPS 49380 b
	7	+	LRB103 04374 RPS 49380 b
	8	+	A BILL FOR
	9	+	HB0782LRB103 04374 RPS 49380 b HB0782 LRB103 04374 RPS 49380 b
	10	+	HB0782 LRB103 04374 RPS 49380 b
3	11		1 AN ACT concerning State government.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6		-	4 Section 5. The Reimagining Hotel Florence Act is amended
7		-	5 by changing Sections 45-5, 45-10, 45-15, 45-20, 45-25, and
8		-	6 45-30 as follows:
9		-	7 (20 ILCS 3407/45-5)
10		-	8 Sec. 45-5. Legislative intent. Originally built in 1881,
11		-	9 the Hotel Florence is located within the Pullman Historic
12		-	10 District and was placed on the National Register of Historic
13		-	11 Places in 1969 and was designated a National Historic Landmark
14		-	12 on December 30, 1970. To save it from demolition the Historic
15		-	13 Pullman Foundation purchased the hotel in 1975 and maintained
16		-	14 ownership until 1991 when the State of Illinois took title of
17		-	15 the building. The Hotel Florence is continually closed for
18		-	16 renovations and is a semi-closed public space.
19		-	17 The hotel sits within next to the Pullman National
20		-	18 Historic Landmark District, which was designated as a National
21		-	19 Monument in 2015 and recently redesignated as Illinois's first
22		-	20 National Park on December 29, 2022 and is operated by the U.S.
23		-	21 National Park Service. This redesignation allows for the
24		-	22 National Park Service to enter into cooperative agreements
25		-	23 with outside parties for interpretive and educational programs
	14	+	4 Section 5. The Civil Administrative Code of Illinois is
	15	+	5 amended by changing Section 1-1 as follows:
	16	+	6 (20 ILCS 5/1-1) (was 20 ILCS 5/1)
	17	+	7 Sec. 1-1. Short title. This Act may be cited as the the
	18	+	8 Civil Administrative Code of Illinois.
	19	+	9 (Source: P.A. 91-239, eff. 1-1-00.)
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34		-	1 at nonfederal historic properties within the boundaries of the
35		-	2 park and to provide assistance for the preservation of
36		-	3 nonfederal land within the boundaries of the historical park
37		-	4 and at sites in close proximity to it, which includes may
38		-	5 include the Pullman State Historic Site (Hotel Florence, Hotel
39		-	6 Florence Annex, Factory Grounds, Rear Erecting Shops, Front
40		-	7 Erecting Shop North Factory Wing, and Front Erecting Shop
41		-	8 South Factory Wing Ruin).
42		-	9 The General Assembly has allocated $21,000,000 in capital
43		-	10 infrastructure funds to aid in the restoration and capital
44		-	11 improvements at the Pullman State Historic Site, including,
45		-	12 but not limited to, renovation redevelopment of the Hotel
46		-	13 Florence.
47		-	14 The General Assembly finds that allowing for the
48		-	15 Department of Natural Resources to enter into a public-private
49		-	16 partnership that will allow the Hotel Florence to become a
50		-	17 fully reactivated space in a timely manner that is in the
51		-	18 public benefit of the State and the local Pullman community.
52		-	19 (Source: P.A. 103-570, eff. 1-1-24.)
53		-	20 (20 ILCS 3407/45-10)
54		-	21 Sec. 45-10. Definitions. In this Act:
55		-	22 "Agreement" means a public-private agreement.
56		-	23 "Contractor" means a person that has been selected to
57		-	24 enter or has entered into a public-private agreement with the
58		-	25 Department on behalf of the State for the development,
	23	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0782 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED:
	24	+	20 ILCS 5/1-1 was 20 ILCS 5/1 20 ILCS 5/1-1 was 20 ILCS 5/1
	25	+	20 ILCS 5/1-1 was 20 ILCS 5/1
	26	+	Amends the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the short title.
	27	+	LRB103 04374 RPS 49380 b LRB103 04374 RPS 49380 b
	28	+	LRB103 04374 RPS 49380 b
	29	+	A BILL FOR
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	35	+	20 ILCS 5/1-1 was 20 ILCS 5/1
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69		-	1 financing, construction, management, or operation of the Hotel
70		-	2 Florence pursuant to this Act.
71		-	3 "Department" means the Department of Natural Resources.
72		-	4 "Hotel Florence" means real property in the City of
73		-	5 Chicago located within the Pullman State Historic Site
74		-	6 District that is owned by the Illinois Department of Natural
75		-	7 Resources and was acquired in 1991, at the address of 11111 S.
76		-	8 Forrestville Avenue, Chicago, Illinois, as well as the
77		-	9 adjacent Hotel Florence Annex building located at 537 East
78		-	10 111th Street, Chicago, Illinois 60628 and any associated
79		-	11 grounds connected to the Hotel Florence or Hotel Florence
80		-	12 Annex either property.
81		-	13 "Maintain" or "maintenance" includes ordinary maintenance,
82		-	14 repair, rehabilitation, capital maintenance, maintenance
83		-	15 replacement, and any other categories of maintenance that may
84		-	16 be designated by the Department.
85		-	17 "Offeror" means a person that responds to a request for
86		-	18 solicitations proposals under this Act.
87		-	19 "Operate" or "operation" means to do one or more of the
88		-	20 following: maintain, improve, equip, modify, or otherwise
89		-	21 operate.
90		-	22 "Person" means any individual, firm, association, joint
91		-	23 venture, partnership, estate, trust, syndicate, fiduciary,
92		-	24 corporation, or any other legal entity, group, or combination
93		-	25 thereof.
94		-	26 "Public-private agreement" means an agreement or contract
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105		-	1 between the Department on behalf of the State and all
106		-	2 schedules, exhibits, and attachments thereto, entered into
107		-	3 pursuant to a competitive request for solicitations proposals
108		-	4 process governed by this Act, for the development, financing,
109		-	5 construction, management, or operation of the Hotel Florence
110		-	6 under this Act.
111		-	7 "Pullman Factory" means real property in the City of
112		-	8 Chicago located within the Pullman State Historic Site that is
113		-	9 owned by the Department of Natural Resources and was acquired
114		-	10 in 1991, at the addresses 620 and 630 East 111th Street,
115		-	11 Chicago, Illinois 60628. The Factory Grounds include the Front
116		-	12 Erecting Shop North Factory Wing, Front Erecting Shop South
117		-	13 Factory Wing (Ruin), Rear Erecting Shops, Proposed Train Car
118		-	14 Display Building, Rail Spur Connection, and associated
119		-	15 grounds.
120		-	16 "Revenues" means all revenues, including, but not limited
121		-	17 to, income, user fees, earnings, interest, lease payments,
122		-	18 allocations, moneys from the federal government, the State,
123		-	19 and units of local government, including, but not limited to,
124		-	20 federal, State, and local appropriations, grants, loans, lines
125		-	21 of credit, and credit guarantees; bond proceeds; equity
126		-	22 investments; service payments; or other receipts arising out
127		-	23 of or in connection with the financing, development,
128		-	24 construction, management, or operation of the Hotel Florence.
129		-	25 "State" means the State of Illinois.
130		-	26 (Source: P.A. 103-570, eff. 1-1-24.)
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141		-	1 (20 ILCS 3407/45-15)
142		-	2 Sec. 45-15. Authority to enter public-private agreement.
143		-	3 (a) Notwithstanding any provision of law to the contrary,
144		-	4 the Department on behalf of the State may, pursuant to a
145		-	5 competitive solicitation request for proposals process
146		-	6 governed by the Illinois Procurement Code, rules adopted under
147		-	7 that Code, and this Act, enter into a public-private agreement
148		-	8 to develop, finance, construct, lease, manage, divest
149		-	9 ownership in, and or operate the Hotel Florence and the
150		-	10 Pullman Factory on behalf of the State, pursuant to which the
151		-	11 contractors may receive certain revenues, including management
152		-	12 or user fees in consideration of the payment of moneys to the
153		-	13 State for that right. At the discretion of the Department, the
154		-	14 Factory Grounds may be included in the public-private
155		-	15 agreement.
156		-	16 (b) The term of a public-private agreement shall be no
157		-	17 less than 25 years and no more than 75 years.
158		-	18 (c) The term of a public-private agreement may be
159		-	19 extended, but only if the extension is specifically authorized
160		-	20 by the General Assembly by law.
161		-	21 (Source: P.A. 103-570, eff. 1-1-24.)
162		-	22 (20 ILCS 3407/45-20)
163		-	23 Sec. 45-20. Prequalification Procurement;
164		-	24 prequalification. The Department may establish a process for
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175		-	1 prequalification of offerors. The Department may enter into
176		-	2 agreements with governmental entities and other outside
177		-	3 entities to assist in drafting the solicitation and evaluation
178		-	4 process as well as develop evaluation criteria for the
179		-	5 prequalification of offerors. If the Department does create
180		-	6 such a process, it shall:
181		-	7 (1) provide a public notice of the prequalification at
182		-	8 least 30 days prior to the date on which applications are
183		-	9 due;
184		-	10 (2) set forth requirements and evaluation criteria in
185		-	11 order to become prequalified;
186		-	12 (3) determine which offerors that have submitted
187		-	13 prequalification applications, if any, meet the
188		-	14 requirements and evaluation criteria; and
189		-	15 (4) allow only those offerors that have been
190		-	16 prequalified to respond to the request for solicitations
191		-	17 proposals.
192		-	18 (Source: P.A. 103-570, eff. 1-1-24.)
193		-	19 (20 ILCS 3407/45-25)
194		-	20 Sec. 45-25. Request for solicitation proposals process to
195		-	21 enter into public-private agreement.
196		-	22 (a) Notwithstanding any provision of law to the contrary,
197		-	23 the Department on behalf of the State shall select a
198		-	24 contractor through a competitive solicitation request for
199		-	25 proposals process governed by the Illinois Procurement Code
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210		-	1 and rules adopted under that Code and this Act. The Department
211		-	2 may enter into agreements with governmental entities and other
212		-	3 outside entities to assist the Department in drafting,
213		-	4 reviewing, and scoring the proposals.
214		-	5 (b) The competitive solicitation request for proposals
215		-	6 process shall, at a minimum, solicit statements of
216		-	7 qualification and proposals from offerors.
217		-	8 (c) The competitive request for solicitation proposals
218		-	9 process shall, at a minimum, take into account the following
219		-	10 criteria:
220		-	11 (1) the offeror's plans for the Hotel Florence
221		-	12 project, including, but not limited to, building use,
222		-	13 experience, environmental concerns, and a proposed
223		-	14 preservation and rehabilitation plan compliant with the
224		-	15 Illinois State Agency Historic Preservation Act;
225		-	16 (2) the offeror's current and past business practices;
226		-	17 (3) the offeror's poor or inadequate past performance
227		-	18 in developing, financing, constructing, managing, or
228		-	19 operating historic landmark properties or other public
229		-	20 assets;
230		-	21 (4) the offeror's ability to meet and past performance
231		-	22 in meeting or exhausting good faith efforts to meet the
232		-	23 utilization goals for business enterprises established in
233		-	24 the Business Enterprise for Minorities, Women, and Persons
234		-	25 with Disabilities Act;
235		-	26 (5) the offeror's ability to comply with and past
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246		-	1 performance in complying with Section 2-105 of the
247		-	2 Illinois Human Rights Act; and
248		-	3 (6) the offeror's plans to comply with the Business
249		-	4 Enterprise for Minorities, Women, and Persons with
250		-	5 Disabilities Act and Section 2-105 of the Illinois Human
251		-	6 Rights Act; and .
252		-	7 (7) the offeror's plans for the Pullman Factory.
253		-	8 (d) The Department shall not include terms in the request
254		-	9 for solicitations proposals that provide an advantage, whether
255		-	10 directly or indirectly, to any contractor presently providing
256		-	11 goods, services, or equipment to the Department.
257		-	12 (e) The Department shall select one or more offerors as
258		-	13 finalists.
259		-	14 (f) After the procedures required in this Section have
260		-	15 been completed, the Department shall make a determination as
261		-	16 to whether the offeror should be designated as the contractor
262		-	17 for the Hotel Florence project and shall submit the decision
263		-	18 to the Governor and to the Governor's Office of Management and
264		-	19 Budget. After review of the Department's determination, the
265		-	20 Governor may accept or reject the determination. If the
266		-	21 Governor accepts the determination of the Department, the
267		-	22 Governor shall designate the offeror for the Hotel Florence
268		-	23 project.
269		-	24 (Source: P.A. 103-570, eff. 1-1-24.)
270		-	25 (20 ILCS 3407/45-30)
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281		-	1 Sec. 45-30. Provisions of the public-private agreement.
282		-	2 (a) The public-private agreement shall include all of the
283		-	3 following:
284		-	4 (1) the term of the public-private agreement that is
285		-	5 consistent with Section 45-40 of this Act;
286		-	6 (2) the powers, duties, responsibilities, obligations,
287		-	7 and functions of the Department and the contractor;
288		-	8 (3) compensation or payments to the Department, if
289		-	9 applicable;
290		-	10 (4) compensation or payments to the contractor, if
291		-	11 applicable;
292		-	12 (5) a provision specifying that the Department:
293		-	13 (A) has ready access to information regarding the
294		-	14 contractor's powers, duties, responsibilities,
295		-	15 obligations, and functions under the public-private
296		-	16 agreement;
297		-	17 (B) has the right to demand and receive
298		-	18 information from the contractor concerning any aspect
299		-	19 of the contractor's powers, duties, responsibilities,
300		-	20 obligations, and functions under the public-private
301		-	21 agreement; and
302		-	22 (C) has the authority to direct or countermand
303		-	23 decisions by the contractor at any time;
304		-	24 (6) a provision imposing an affirmative duty on the
305		-	25 contractor to provide the Department with any information
306		-	26 the contractor reasonably believes the Department would
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317		-	1 want to know or would need to know to enable the Department
318		-	2 to exercise its powers, carry out its duties,
319		-	3 responsibilities, and obligations, and perform its
320		-	4 functions under this Act or the public-private agreement
321		-	5 or as otherwise required by law;
322		-	6 (6.5) a provision that this project will require using
323		-	7 guidelines with The Secretary of the Interior's Standards
324		-	8 for the Treatment of Historic Properties with Guidelines
325		-	9 for Preserving, Rehabilitating, Restoring and
326		-	10 Reconstructing Historic Buildings; the period of the
327		-	11 original construction (Hotel Florence and grounds from
328		-	12 1880 through 1897; and Hotel Annex from 1914 through 1930)
329		-	13 should be used to guide the project design and
330		-	14 construction;
331		-	15 (7) the authority of the Department to enter into
332		-	16 contracts with third parties pursuant to Section 45-40;
333		-	17 (8) the authority of the Department to request that
334		-	18 the contractor reimburse the Department for third party
335		-	19 consultants related to the monitoring the project;
336		-	20 (9) a provision governing the contractor's authority
337		-	21 to negotiate and execute subcontracts with third parties;
338		-	22 (10) the authority of the contractor to impose user
339		-	23 fees and the amounts of those fees;
340		-	24 (11) a provision governing the deposit and allocation
341		-	25 of revenues including user fees;
342		-	26 (12) a provision governing rights to real and personal
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353		-	1 property of the State, the Department, the contractor, and
354		-	2 other third parties;
355		-	3 (13) grounds for termination of the agreement by the
356		-	4 Department or the contractor and a restatement of the
357		-	5 Department's rights under this Act;
358		-	6 (14) a requirement that the contractor enter into a
359		-	7 project labor agreement;
360		-	8 (15) a provision stating that construction contractors
361		-	9 shall comply with the requirements of Section 30-22 of the
362		-	10 Illinois Procurement Code;
363		-	11 (16) rights and remedies of the Department if the
364		-	12 contractor defaults or otherwise fails to comply with the
365		-	13 terms of the agreement;
366		-	14 (17) procedures for amendment to the agreement; and
367		-	15 (18) all other terms, conditions, and provisions
368		-	16 acceptable to the Department that the Department deems
369		-	17 necessary and proper and in the public interest ; and .
370		-	18 (19) a requirement that the contract complies with the
371		-	19 Business Enterprise for Minorities, Women, and Persons
372		-	20 with Disabilities Act and Section 2-105 of the Illinois
373		-	21 Human Rights Act.
374		-	22 (Source: P.A. 103-570, eff. 1-1-24.)
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