Public Act 103-0447
HB3456 EnrolledLRB103 30602 DTM 57042 b HB3456 Enrolled LRB103 30602 DTM 57042 b
HB3456 Enrolled LRB103 30602 DTM 57042 b
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Department of Natural Resources World Shooting and
Recreational Complex Act.
Section 5. Legislative intent. The General Assembly finds
that authorizing the Department of Natural Resources to enter
into a public-private partnership will allow the World
Shooting and Recreational Complex to become a fully
reactivated space in a timely manner and is in the best
interest of the State and the local community.
Section 10. Definitions.
"Contractor" means a person who 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, management, or operation of the World Shooting and
Recreational Complex pursuant to this Act.
"Department" means the Department of Natural Resources.
"Director" means the Director of Natural Resources.
"Maintain" or "maintenance" includes ordinary maintenance,
repair, rehabilitation, capital maintenance, replacement, and
HB3456 Enrolled LRB103 30602 DTM 57042 b
any other categories of maintenance that may be designated by
the Department.
"Offeror" means a person who 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 and the contractor 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 financing, management
and operation of the World Shooting and Recreational Complex
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,
management, or operation of the World Shooting and
Recreational Complex.
"World Shooting and Recreational Complex" means real
property in Sparta, Illinois, consisting of approximately
1,620 acres including a 117-acre lake, over 1,000 camping
sites, 120 trap houses, 2 sporting clays courses, 24
combination trap skeet fields, a cowboy action shooting area,
a vendor mall, and a restaurant.
Section 15. Authority to enter public-private agreement.
Notwithstanding any provision of law to the contrary, the
Department, on behalf of the State, may enter into a
public-private agreement to develop, finance, lease, manage,
and operate the World Shooting and Recreational Complex 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.
Section 20. Engagement prior to request for proposals. The
Director or the Director's designee may, prior to soliciting
requests for proposals, enter into discussions with interested
persons in order to assess existing market conditions and
demands, provided that no such interested persons shall have
any role in drafting any request for proposals, nor shall any
request for proposal be provided to any interested person
prior to its general public distribution. The Director may
issue a request for qualifications that requests interested
persons to provide such information as the Director deems
necessary in order to evaluate the qualifications of such
interested persons. This may include, but is not limited to,
the ability of interested persons to acquire the property, as
determined by the Director. Such engagement and discussions
with interested persons are exempt from Sections 50-10.5,
50-39, 50-40, 50-45, and 50-50 of the Illinois Procurement
Code.
Section 25. Requests for proposals. If requests for
proposals are made by the Department, the Department shall
comply with the competitive request for proposals process
under Article 20 of the Illinois Procurement Code, rules
adopted under that Code, and this Act.
Section 30. Request for proposal process.
(a) The Department, on behalf of the State, may select a
contractor through a competitive request for proposals process
under Article 20 of the Illinois Procurement Code and rules
adopted under that Article of the Code.
(b) The competitive request for proposals process shall
solicit statements of qualification and proposals from
offerors.
(c) In addition to any requirements under Article 20 of
the Illinois Procurement Code, the competitive request for
proposals process may take into account the following
criteria:
(1) the offeror's plans for the World Shooting and
Recreational Complex project;
(2) the offeror's current and past business practices;
and
(3) the offeror's poor or inadequate past performance
in developing, financing, constructing, managing, or
operating other historic landmark properties or other
public assets.
Section 35. Provisions of the public-private agreement.
(a) The public-private agreement may include, but is not
limited to, the following:
(1) the powers, duties, responsibilities, obligations,
and functions of the Department and the contractor;
(2) compensation or payments to the Department, if
applicable;
(3) compensation or payments to the contractor, if
applicable;
(4) 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.
(5) the authority of the contractor to impose user
fees and the amounts of those fees;
(6) a provision governing the deposit and allocation
of revenues, including user fees;
(7) a provision governing rights to real and personal
property of the State, the Department, the contractor, and
other third parties;
(8) rights and remedies of the Department if the
contractor defaults or otherwise fails to comply with the
terms of the agreement; and
(9) all other terms, conditions, and provisions
acceptable to the Department that the Department deems
necessary and proper and in the public interest.
Section 40. Labor.
(a) A public-private agreement related to the World
Shooting and Recreational Complex pertaining to the building,
altering, repairing, maintaining, improving, or demolishing of
the Complex shall require the contractor and all
subcontractors to comply with the requirements of Section
30-22 of the Illinois Procurement Code as they apply to
responsible bidders, including, but not limited to, all
applicable provisions of the Prevailing Wage Act, and to
present satisfactory evidence of that compliance to the
Department, unless the project is federally funded and the
application of those requirements would jeopardize the receipt
or use of federal funds in support of the project.
(b) A public-private agreement related to the World
Shooting and Recreational Complex pertaining to the building,
altering, repairing, maintaining, improving, or demolishing
the Complex shall require the contractor and all
subcontractors to enter into a project labor agreement used by
the Capital Development Board.
Section 45. Term of agreement; reversion of property to
the Department.
(a) The term of any public-private agreement entered into
under this Act shall be no less than 25 years and no more than
99 years.
(b) 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. The Department
may also terminate the public-private agreement pursuant to
any clause or condition as set forth in the public-private
agreement.
(c) 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 World Shooting and Recreational Complex
shall revert to the Department.
Section 50. The Prevailing Wage Act is amended by changing
Section 2 as follows:
(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance
Authority Act, the Illinois Sports Facilities Authority Act,
or the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; loans or other
funds made available pursuant to the Riverfront Development
Fund under Section 10-15 of the River Edge Redevelopment Zone
Act; or funds from the Fund for Illinois' Future under Section
6z-47 of the State Finance Act, funds for school construction
under Section 5 of the General Obligation Bond Act, funds
authorized under Section 3 of the School Construction Bond
Act, funds for school infrastructure under Section 6z-45 of
the State Finance Act, and funds for transportation purposes
under Section 4 of the General Obligation Bond Act. "Public
works" also includes (i) all projects financed in whole or in
part with funds from the Environmental Protection Agency under
the Illinois Renewable Fuels Development Program Act for which
there is no project labor agreement; (ii) all work performed
pursuant to a public private agreement under the Public
Private Agreements for the Illiana Expressway Act or the
Public-Private Agreements for the South Suburban Airport Act;
(iii) all projects undertaken under a public-private agreement
under the Public-Private Partnerships for Transportation Act
or the Department of Natural Resources World Shooting and
Recreational Complex Act; and (iv) all transportation
facilities undertaken under a design-build contract or a
Construction Manager/General Contractor contract under the
Innovations for Transportation Infrastructure Act. "Public
works" also includes all projects at leased facility property
used for airport purposes under Section 35 of the Local
Government Facility Lease Act. "Public works" also includes
the construction of a new wind power facility by a business
designated as a High Impact Business under Section
5.5(a)(3)(E) and the construction of a new utility-scale solar
power facility by a business designated as a High Impact
Business under Section 5.5(a)(3)(E-5) of the Illinois
Enterprise Zone Act. "Public works" also includes electric
vehicle charging station projects financed pursuant to the
Electric Vehicle Act and renewable energy projects required to
pay the prevailing wage pursuant to the Illinois Power Agency
Act. "Public works" does not include work done directly by any
public utility company, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" also includes construction
projects performed by a third party contracted by any public
utility, as described in subsection (a) of Section 2.1, in
public rights-of-way, as defined in Section 21-201 of the
Public Utilities Act, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" also includes construction
projects that exceed 15 aggregate miles of new fiber optic
cable, performed by a third party contracted by any public
utility, as described in subsection (b) of Section 2.1, in
public rights-of-way, as defined in Section 21-201 of the
Public Utilities Act, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" also includes any corrective
action performed pursuant to Title XVI of the Environmental
Protection Act for which payment from the Underground Storage
Tank Fund is requested. "Public works" does not include
projects undertaken by the owner at an owner-occupied
single-family residence or at an owner-occupied unit of a
multi-family residence. "Public works" does not include work
performed for soil and water conservation purposes on
agricultural lands, whether or not done under public
supervision or paid for wholly or in part out of public funds,
done directly by an owner or person who has legal control of
those lands.
"Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the
public works efficiently and properly, "locality" includes any
other county nearest the one in which the work or construction
is to be performed and from which such persons may be obtained
in sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or
in part by public funds, and includes every county, city,
town, village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district
operates under a special charter or not.
"Labor organization" means an organization that is the
exclusive representative of an employer's employees recognized
or certified pursuant to the National Labor Relations Act.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
annualized fringe benefits for training and apprenticeship
programs approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in
which the work is being performed, to employees engaged in
work of a similar character on public works.
(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
6-15-22.)