Illinois 2023-2024 Regular Session

Illinois House Bill HB3456 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0447
2	1		HB3456 EnrolledLRB103 30602 DTM 57042 b HB3456 Enrolled LRB103 30602 DTM 57042 b
3	2		HB3456 Enrolled LRB103 30602 DTM 57042 b
4		-	AN ACT concerning finance.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 1. Short title. This Act may be cited as the
8		-	Department of Natural Resources World Shooting and
9		-	Recreational Complex Act.
10		-	Section 5. Legislative intent. The General Assembly finds
11		-	that authorizing the Department of Natural Resources to enter
12		-	into a public-private partnership will allow the World
13		-	Shooting and Recreational Complex to become a fully
14		-	reactivated space in a timely manner and is in the best
15		-	interest of the State and the local community.
16		-	Section 10. Definitions.
17		-	"Contractor" means a person who has been selected to enter
18		-	or has entered into a public-private agreement with the
19		-	Department on behalf of the State for the development,
20		-	financing, management, or operation of the World Shooting and
21		-	Recreational Complex pursuant to this Act.
22		-	"Department" means the Department of Natural Resources.
23		-	"Director" means the Director of Natural Resources.
24		-	"Maintain" or "maintenance" includes ordinary maintenance,
25		-	repair, rehabilitation, capital maintenance, replacement, and
	3	+	1 AN ACT concerning finance.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 1. Short title. This Act may be cited as the
	7	+	5 Department of Natural Resources World Shooting and
	8	+	6 Recreational Complex Act.
	9	+	7 Section 5. Legislative intent. The General Assembly finds
	10	+	8 that authorizing the Department of Natural Resources to enter
	11	+	9 into a public-private partnership will allow the World
	12	+	10 Shooting and Recreational Complex to become a fully
	13	+	11 reactivated space in a timely manner and is in the best
	14	+	12 interest of the State and the local community.
	15	+	13 Section 10. Definitions.
	16	+	14 "Contractor" means a person who has been selected to enter
	17	+	15 or has entered into a public-private agreement with the
	18	+	16 Department on behalf of the State for the development,
	19	+	17 financing, management, or operation of the World Shooting and
	20	+	18 Recreational Complex pursuant to this Act.
	21	+	19 "Department" means the Department of Natural Resources.
	22	+	20 "Director" means the Director of Natural Resources.
	23	+	21 "Maintain" or "maintenance" includes ordinary maintenance,
	24	+	22 repair, rehabilitation, capital maintenance, replacement, and
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32		-	any other categories of maintenance that may be designated by
33		-	the Department.
34		-	"Offeror" means a person who responds to a request for
35		-	proposals under this Act.
36		-	"Operate" or "operation" means to do one or more of the
37		-	following: maintain, improve, equip, modify, or otherwise
38		-	operate.
39		-	"Person" means any individual, firm, association, joint
40		-	venture, partnership, estate, trust, syndicate, fiduciary,
41		-	corporation, or any other legal entity, group, or combination
42		-	thereof.
43		-	"Public-private agreement" means an agreement or contract
44		-	between the Department and the contractor on behalf of the
45		-	State and all schedules, exhibits, and attachments thereto,
46		-	entered into pursuant to a competitive request for proposals
47		-	process governed by this Act, for the financing, management
48		-	and operation of the World Shooting and Recreational Complex
49		-	under this Act.
50		-	"Revenues" means all revenues, including, but not limited
51		-	to, income, user fees, earnings, interest, lease payments,
52		-	allocations, moneys from the federal government, the State,
53		-	and units of local government, including, but not limited to,
54		-	federal, State, and local appropriations, grants, loans, lines
55		-	of credit, and credit guarantees; bond proceeds; equity
56		-	investments; service payments; or other receipts arising out
57		-	of or in connection with the financing, development,
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	32	+	HB3456 Enrolled - 2 - LRB103 30602 DTM 57042 b
	33	+	1 any other categories of maintenance that may be designated by
	34	+	2 the Department.
	35	+	3 "Offeror" means a person who responds to a request for
	36	+	4 proposals under this Act.
	37	+	5 "Operate" or "operation" means to do one or more of the
	38	+	6 following: maintain, improve, equip, modify, or otherwise
	39	+	7 operate.
	40	+	8 "Person" means any individual, firm, association, joint
	41	+	9 venture, partnership, estate, trust, syndicate, fiduciary,
	42	+	10 corporation, or any other legal entity, group, or combination
	43	+	11 thereof.
	44	+	12 "Public-private agreement" means an agreement or contract
	45	+	13 between the Department and the contractor on behalf of the
	46	+	14 State and all schedules, exhibits, and attachments thereto,
	47	+	15 entered into pursuant to a competitive request for proposals
	48	+	16 process governed by this Act, for the financing, management
	49	+	17 and operation of the World Shooting and Recreational Complex
	50	+	18 under this Act.
	51	+	19 "Revenues" means all revenues, including, but not limited
	52	+	20 to, income, user fees, earnings, interest, lease payments,
	53	+	21 allocations, moneys from the federal government, the State,
	54	+	22 and units of local government, including, but not limited to,
	55	+	23 federal, State, and local appropriations, grants, loans, lines
	56	+	24 of credit, and credit guarantees; bond proceeds; equity
	57	+	25 investments; service payments; or other receipts arising out
	58	+	26 of or in connection with the financing, development,
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59	60
60		-	management, or operation of the World Shooting and
61		-	Recreational Complex.
62		-	"World Shooting and Recreational Complex" means real
63		-	property in Sparta, Illinois, consisting of approximately
64		-	1,620 acres including a 117-acre lake, over 1,000 camping
65		-	sites, 120 trap houses, 2 sporting clays courses, 24
66		-	combination trap skeet fields, a cowboy action shooting area,
67		-	a vendor mall, and a restaurant.
68		-	Section 15. Authority to enter public-private agreement.
69		-	Notwithstanding any provision of law to the contrary, the
70		-	Department, on behalf of the State, may enter into a
71		-	public-private agreement to develop, finance, lease, manage,
72		-	and operate the World Shooting and Recreational Complex on
73		-	behalf of the State, pursuant to which the contractors may
74		-	receive certain revenues, including management or user fees in
75		-	consideration of the payment of moneys to the State for that
76		-	right.
77		-	Section 20. Engagement prior to request for proposals. The
78		-	Director or the Director's designee may, prior to soliciting
79		-	requests for proposals, enter into discussions with interested
80		-	persons in order to assess existing market conditions and
81		-	demands, provided that no such interested persons shall have
82		-	any role in drafting any request for proposals, nor shall any
83		-	request for proposal be provided to any interested person
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86		-	prior to its general public distribution. The Director may
87		-	issue a request for qualifications that requests interested
88		-	persons to provide such information as the Director deems
89		-	necessary in order to evaluate the qualifications of such
90		-	interested persons. This may include, but is not limited to,
91		-	the ability of interested persons to acquire the property, as
92		-	determined by the Director. Such engagement and discussions
93		-	with interested persons are exempt from Sections 50-10.5,
94		-	50-39, 50-40, 50-45, and 50-50 of the Illinois Procurement
95		-	Code.
96		-	Section 25. Requests for proposals. If requests for
97		-	proposals are made by the Department, the Department shall
98		-	comply with the competitive request for proposals process
99		-	under Article 20 of the Illinois Procurement Code, rules
100		-	adopted under that Code, and this Act.
101		-	Section 30. Request for proposal process.
102		-	(a) The Department, on behalf of the State, may select a
103		-	contractor through a competitive request for proposals process
104		-	under Article 20 of the Illinois Procurement Code and rules
105		-	adopted under that Article of the Code.
106		-	(b) The competitive request for proposals process shall
107		-	solicit statements of qualification and proposals from
108		-	offerors.
109		-	(c) In addition to any requirements under Article 20 of
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112		-	the Illinois Procurement Code, the competitive request for
113		-	proposals process may take into account the following
114		-	criteria:
115		-	(1) the offeror's plans for the World Shooting and
116		-	Recreational Complex project;
117		-	(2) the offeror's current and past business practices;
118		-	and
119		-	(3) the offeror's poor or inadequate past performance
120		-	in developing, financing, constructing, managing, or
121		-	operating other historic landmark properties or other
122		-	public assets.
123		-	Section 35. Provisions of the public-private agreement.
124		-	(a) The public-private agreement may include, but is not
125		-	limited to, the following:
126		-	(1) the powers, duties, responsibilities, obligations,
127		-	and functions of the Department and the contractor;
128		-	(2) compensation or payments to the Department, if
129		-	applicable;
130		-	(3) compensation or payments to the contractor, if
131		-	applicable;
132		-	(4) a provision specifying that the Department:
133		-	(A) has ready access to information regarding the
134		-	contractor's powers, duties, responsibilities,
135		-	obligations, and functions under the public-private
136		-	agreement;
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	69	+	1 management, or operation of the World Shooting and
	70	+	2 Recreational Complex.
	71	+	3 "World Shooting and Recreational Complex" means real
	72	+	4 property in Sparta, Illinois, consisting of approximately
	73	+	5 1,620 acres including a 117-acre lake, over 1,000 camping
	74	+	6 sites, 120 trap houses, 2 sporting clays courses, 24
	75	+	7 combination trap skeet fields, a cowboy action shooting area,
	76	+	8 a vendor mall, and a restaurant.
	77	+	9 Section 15. Authority to enter public-private agreement.
	78	+	10 Notwithstanding any provision of law to the contrary, the
	79	+	11 Department, on behalf of the State, may enter into a
	80	+	12 public-private agreement to develop, finance, lease, manage,
	81	+	13 and operate the World Shooting and Recreational Complex on
	82	+	14 behalf of the State, pursuant to which the contractors may
	83	+	15 receive certain revenues, including management or user fees in
	84	+	16 consideration of the payment of moneys to the State for that
	85	+	17 right.
	86	+	18 Section 20. Engagement prior to request for proposals. The
	87	+	19 Director or the Director's designee may, prior to soliciting
	88	+	20 requests for proposals, enter into discussions with interested
	89	+	21 persons in order to assess existing market conditions and
	90	+	22 demands, provided that no such interested persons shall have
	91	+	23 any role in drafting any request for proposals, nor shall any
	92	+	24 request for proposal be provided to any interested person
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139		-	(B) has the right to demand and receive
140		-	information from the contractor concerning any aspect
141		-	of the contractor's powers, duties, responsibilities,
142		-	obligations, and functions under the public-private
143		-	agreement; and
144		-	(C) has the authority to direct or countermand
145		-	decisions by the contractor at any time.
146		-	(5) the authority of the contractor to impose user
147		-	fees and the amounts of those fees;
148		-	(6) a provision governing the deposit and allocation
149		-	of revenues, including user fees;
150		-	(7) a provision governing rights to real and personal
151		-	property of the State, the Department, the contractor, and
152		-	other third parties;
153		-	(8) rights and remedies of the Department if the
154		-	contractor defaults or otherwise fails to comply with the
155		-	terms of the agreement; and
156		-	(9) all other terms, conditions, and provisions
157		-	acceptable to the Department that the Department deems
158		-	necessary and proper and in the public interest.
159		-	Section 40. Labor.
160		-	(a) A public-private agreement related to the World
161		-	Shooting and Recreational Complex pertaining to the building,
162		-	altering, repairing, maintaining, improving, or demolishing of
163		-	the Complex shall require the contractor and all
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166		-	subcontractors to comply with the requirements of Section
167		-	30-22 of the Illinois Procurement Code as they apply to
168		-	responsible bidders, including, but not limited to, all
169		-	applicable provisions of the Prevailing Wage Act, and to
170		-	present satisfactory evidence of that compliance to the
171		-	Department, unless the project is federally funded and the
172		-	application of those requirements would jeopardize the receipt
173		-	or use of federal funds in support of the project.
174		-	(b) A public-private agreement related to the World
175		-	Shooting and Recreational Complex pertaining to the building,
176		-	altering, repairing, maintaining, improving, or demolishing
177		-	the Complex shall require the contractor and all
178		-	subcontractors to enter into a project labor agreement used by
179		-	the Capital Development Board.
180		-	Section 45. Term of agreement; reversion of property to
181		-	the Department.
182		-	(a) The term of any public-private agreement entered into
183		-	under this Act shall be no less than 25 years and no more than
184		-	99 years.
185		-	(b) The Department may terminate the contractor's
186		-	authority and duties under the public-private agreement on the
187		-	date set forth in the public-private agreement. The Department
188		-	may also terminate the public-private agreement pursuant to
189		-	any clause or condition as set forth in the public-private
190		-	agreement.
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193		-	(c) Upon termination of the public-private agreement, the
194		-	authority, and duties of the contractor under this Act cease,
195		-	except for those duties and obligations that extend beyond the
196		-	termination, as set forth in the public-private agreement, and
197		-	all interests in the World Shooting and Recreational Complex
198		-	shall revert to the Department.
199		-	Section 50. The Prevailing Wage Act is amended by changing
200		-	Section 2 as follows:
201		-	(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
202		-	Sec. 2. This Act applies to the wages of laborers,
203		-	mechanics and other workers employed in any public works, as
204		-	hereinafter defined, by any public body and to anyone under
205		-	contracts for public works. This includes any maintenance,
206		-	repair, assembly, or disassembly work performed on equipment
207		-	whether owned, leased, or rented.
208		-	As used in this Act, unless the context indicates
209		-	otherwise:
210		-	"Public works" means all fixed works constructed or
211		-	demolished by any public body, or paid for wholly or in part
212		-	out of public funds. "Public works" as defined herein includes
213		-	all projects financed in whole or in part with bonds, grants,
214		-	loans, or other funds made available by or through the State or
215		-	any of its political subdivisions, including but not limited
216		-	to: bonds issued under the Industrial Project Revenue Bond Act
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	103	+	1 prior to its general public distribution. The Director may
	104	+	2 issue a request for qualifications that requests interested
	105	+	3 persons to provide such information as the Director deems
	106	+	4 necessary in order to evaluate the qualifications of such
	107	+	5 interested persons. This may include, but is not limited to,
	108	+	6 the ability of interested persons to acquire the property, as
	109	+	7 determined by the Director. Such engagement and discussions
	110	+	8 with interested persons are exempt from Sections 50-10.5,
	111	+	9 50-39, 50-40, 50-45, and 50-50 of the Illinois Procurement
	112	+	10 Code.
	113	+	11 Section 25. Requests for proposals. If requests for
	114	+	12 proposals are made by the Department, the Department shall
	115	+	13 comply with the competitive request for proposals process
	116	+	14 under Article 20 of the Illinois Procurement Code, rules
	117	+	15 adopted under that Code, and this Act.
	118	+	16 Section 30. Request for proposal process.
	119	+	17 (a) The Department, on behalf of the State, may select a
	120	+	18 contractor through a competitive request for proposals process
	121	+	19 under Article 20 of the Illinois Procurement Code and rules
	122	+	20 adopted under that Article of the Code.
	123	+	21 (b) The competitive request for proposals process shall
	124	+	22 solicit statements of qualification and proposals from
	125	+	23 offerors.
	126	+	24 (c) In addition to any requirements under Article 20 of
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219		-	(Article 11, Division 74 of the Illinois Municipal Code), the
220		-	Industrial Building Revenue Bond Act, the Illinois Finance
221		-	Authority Act, the Illinois Sports Facilities Authority Act,
222		-	or the Build Illinois Bond Act; loans or other funds made
223		-	available pursuant to the Build Illinois Act; loans or other
224		-	funds made available pursuant to the Riverfront Development
225		-	Fund under Section 10-15 of the River Edge Redevelopment Zone
226		-	Act; or funds from the Fund for Illinois' Future under Section
227		-	6z-47 of the State Finance Act, funds for school construction
228		-	under Section 5 of the General Obligation Bond Act, funds
229		-	authorized under Section 3 of the School Construction Bond
230		-	Act, funds for school infrastructure under Section 6z-45 of
231		-	the State Finance Act, and funds for transportation purposes
232		-	under Section 4 of the General Obligation Bond Act. "Public
233		-	works" also includes (i) all projects financed in whole or in
234		-	part with funds from the Environmental Protection Agency under
235		-	the Illinois Renewable Fuels Development Program Act for which
236		-	there is no project labor agreement; (ii) all work performed
237		-	pursuant to a public private agreement under the Public
238		-	Private Agreements for the Illiana Expressway Act or the
239		-	Public-Private Agreements for the South Suburban Airport Act;
240		-	(iii) all projects undertaken under a public-private agreement
241		-	under the Public-Private Partnerships for Transportation Act
242		-	or the Department of Natural Resources World Shooting and
243		-	Recreational Complex Act; and (iv) all transportation
244		-	facilities undertaken under a design-build contract or a
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247		-	Construction Manager/General Contractor contract under the
248		-	Innovations for Transportation Infrastructure Act. "Public
249		-	works" also includes all projects at leased facility property
250		-	used for airport purposes under Section 35 of the Local
251		-	Government Facility Lease Act. "Public works" also includes
252		-	the construction of a new wind power facility by a business
253		-	designated as a High Impact Business under Section
254		-	5.5(a)(3)(E) and the construction of a new utility-scale solar
255		-	power facility by a business designated as a High Impact
256		-	Business under Section 5.5(a)(3)(E-5) of the Illinois
257		-	Enterprise Zone Act. "Public works" also includes electric
258		-	vehicle charging station projects financed pursuant to the
259		-	Electric Vehicle Act and renewable energy projects required to
260		-	pay the prevailing wage pursuant to the Illinois Power Agency
261		-	Act. "Public works" does not include work done directly by any
262		-	public utility company, whether or not done under public
263		-	supervision or direction, or paid for wholly or in part out of
264		-	public funds. "Public works" also includes construction
265		-	projects performed by a third party contracted by any public
266		-	utility, as described in subsection (a) of Section 2.1, in
267		-	public rights-of-way, as defined in Section 21-201 of the
268		-	Public Utilities Act, whether or not done under public
269		-	supervision or direction, or paid for wholly or in part out of
270		-	public funds. "Public works" also includes construction
271		-	projects that exceed 15 aggregate miles of new fiber optic
272		-	cable, performed by a third party contracted by any public
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275		-	utility, as described in subsection (b) of Section 2.1, in
276		-	public rights-of-way, as defined in Section 21-201 of the
277		-	Public Utilities Act, whether or not done under public
278		-	supervision or direction, or paid for wholly or in part out of
279		-	public funds. "Public works" also includes any corrective
280		-	action performed pursuant to Title XVI of the Environmental
281		-	Protection Act for which payment from the Underground Storage
282		-	Tank Fund is requested. "Public works" does not include
283		-	projects undertaken by the owner at an owner-occupied
284		-	single-family residence or at an owner-occupied unit of a
285		-	multi-family residence. "Public works" does not include work
286		-	performed for soil and water conservation purposes on
287		-	agricultural lands, whether or not done under public
288		-	supervision or paid for wholly or in part out of public funds,
289		-	done directly by an owner or person who has legal control of
290		-	those lands.
291		-	"Construction" means all work on public works involving
292		-	laborers, workers or mechanics. This includes any maintenance,
293		-	repair, assembly, or disassembly work performed on equipment
294		-	whether owned, leased, or rented.
295		-	"Locality" means the county where the physical work upon
296		-	public works is performed, except (1) that if there is not
297		-	available in the county a sufficient number of competent
298		-	skilled laborers, workers and mechanics to construct the
299		-	public works efficiently and properly, "locality" includes any
300		-	other county nearest the one in which the work or construction
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	137	+	1 the Illinois Procurement Code, the competitive request for
	138	+	2 proposals process may take into account the following
	139	+	3 criteria:
	140	+	4 (1) the offeror's plans for the World Shooting and
	141	+	5 Recreational Complex project;
	142	+	6 (2) the offeror's current and past business practices;
	143	+	7 and
	144	+	8 (3) the offeror's poor or inadequate past performance
	145	+	9 in developing, financing, constructing, managing, or
	146	+	10 operating other historic landmark properties or other
	147	+	11 public assets.
	148	+	12 Section 35. Provisions of the public-private agreement.
	149	+	13 (a) The public-private agreement may include, but is not
	150	+	14 limited to, the following:
	151	+	15 (1) the powers, duties, responsibilities, obligations,
	152	+	16 and functions of the Department and the contractor;
	153	+	17 (2) compensation or payments to the Department, if
	154	+	18 applicable;
	155	+	19 (3) compensation or payments to the contractor, if
	156	+	20 applicable;
	157	+	21 (4) a provision specifying that the Department:
	158	+	22 (A) has ready access to information regarding the
	159	+	23 contractor's powers, duties, responsibilities,
	160	+	24 obligations, and functions under the public-private
	161	+	25 agreement;
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302	163
303		-	is to be performed and from which such persons may be obtained
304		-	in sufficient numbers to perform the work and (2) that, with
305		-	respect to contracts for highway work with the Department of
306		-	Transportation of this State, "locality" may at the discretion
307		-	of the Secretary of the Department of Transportation be
308		-	construed to include two or more adjacent counties from which
309		-	workers may be accessible for work on such construction.
310		-	"Public body" means the State or any officer, board or
311		-	commission of the State or any political subdivision or
312		-	department thereof, or any institution supported in whole or
313		-	in part by public funds, and includes every county, city,
314		-	town, village, township, school district, irrigation, utility,
315		-	reclamation improvement or other district and every other
316		-	political subdivision, district or municipality of the state
317		-	whether such political subdivision, municipality or district
318		-	operates under a special charter or not.
319		-	"Labor organization" means an organization that is the
320		-	exclusive representative of an employer's employees recognized
321		-	or certified pursuant to the National Labor Relations Act.
322		-	The terms "general prevailing rate of hourly wages",
323		-	"general prevailing rate of wages" or "prevailing rate of
324		-	wages" when used in this Act mean the hourly cash wages plus
325		-	annualized fringe benefits for training and apprenticeship
326		-	programs approved by the U.S. Department of Labor, Bureau of
327		-	Apprenticeship and Training, health and welfare, insurance,
328		-	vacations and pensions paid generally, in the locality in
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330	165
331		-	which the work is being performed, to employees engaged in
332		-	work of a similar character on public works.
333		-	(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
334		-	102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
335		-	6-15-22.)
	166	+
	167	+	HB3456 Enrolled - 5 - LRB103 30602 DTM 57042 b
	168	+
	169	+
	170	+	HB3456 Enrolled- 6 -LRB103 30602 DTM 57042 b HB3456 Enrolled - 6 - LRB103 30602 DTM 57042 b
	171	+	HB3456 Enrolled - 6 - LRB103 30602 DTM 57042 b
	172	+	1 (B) has the right to demand and receive
	173	+	2 information from the contractor concerning any aspect
	174	+	3 of the contractor's powers, duties, responsibilities,
	175	+	4 obligations, and functions under the public-private
	176	+	5 agreement; and
	177	+	6 (C) has the authority to direct or countermand
	178	+	7 decisions by the contractor at any time.
	179	+	8 (5) the authority of the contractor to impose user
	180	+	9 fees and the amounts of those fees;
	181	+	10 (6) a provision governing the deposit and allocation
	182	+	11 of revenues, including user fees;
	183	+	12 (7) a provision governing rights to real and personal
	184	+	13 property of the State, the Department, the contractor, and
	185	+	14 other third parties;
	186	+	15 (8) rights and remedies of the Department if the
	187	+	16 contractor defaults or otherwise fails to comply with the
	188	+	17 terms of the agreement; and
	189	+	18 (9) all other terms, conditions, and provisions
	190	+	19 acceptable to the Department that the Department deems
	191	+	20 necessary and proper and in the public interest.
	192	+	21 Section 40. Labor.
	193	+	22 (a) A public-private agreement related to the World
	194	+	23 Shooting and Recreational Complex pertaining to the building,
	195	+	24 altering, repairing, maintaining, improving, or demolishing of
	196	+	25 the Complex shall require the contractor and all
	197	+
	198	+
	199	+
	200	+
	201	+
	202	+	HB3456 Enrolled - 6 - LRB103 30602 DTM 57042 b
	203	+
	204	+
	205	+	HB3456 Enrolled- 7 -LRB103 30602 DTM 57042 b HB3456 Enrolled - 7 - LRB103 30602 DTM 57042 b
	206	+	HB3456 Enrolled - 7 - LRB103 30602 DTM 57042 b
	207	+	1 subcontractors to comply with the requirements of Section
	208	+	2 30-22 of the Illinois Procurement Code as they apply to
	209	+	3 responsible bidders, including, but not limited to, all
	210	+	4 applicable provisions of the Prevailing Wage Act, and to
	211	+	5 present satisfactory evidence of that compliance to the
	212	+	6 Department, unless the project is federally funded and the
	213	+	7 application of those requirements would jeopardize the receipt
	214	+	8 or use of federal funds in support of the project.
	215	+	9 (b) A public-private agreement related to the World
	216	+	10 Shooting and Recreational Complex pertaining to the building,
	217	+	11 altering, repairing, maintaining, improving, or demolishing
	218	+	12 the Complex shall require the contractor and all
	219	+	13 subcontractors to enter into a project labor agreement used by
	220	+	14 the Capital Development Board.
	221	+	15 Section 45. Term of agreement; reversion of property to
	222	+	16 the Department.
	223	+	17 (a) The term of any public-private agreement entered into
	224	+	18 under this Act shall be no less than 25 years and no more than
	225	+	19 99 years.
	226	+	20 (b) The Department may terminate the contractor's
	227	+	21 authority and duties under the public-private agreement on the
	228	+	22 date set forth in the public-private agreement. The Department
	229	+	23 may also terminate the public-private agreement pursuant to
	230	+	24 any clause or condition as set forth in the public-private
	231	+	25 agreement.
	232	+
	233	+
	234	+
	235	+
	236	+
	237	+	HB3456 Enrolled - 7 - LRB103 30602 DTM 57042 b
	238	+
	239	+
	240	+	HB3456 Enrolled- 8 -LRB103 30602 DTM 57042 b HB3456 Enrolled - 8 - LRB103 30602 DTM 57042 b
	241	+	HB3456 Enrolled - 8 - LRB103 30602 DTM 57042 b
	242	+	1 (c) Upon termination of the public-private agreement, the
	243	+	2 authority, and duties of the contractor under this Act cease,
	244	+	3 except for those duties and obligations that extend beyond the
	245	+	4 termination, as set forth in the public-private agreement, and
	246	+	5 all interests in the World Shooting and Recreational Complex
	247	+	6 shall revert to the Department.
	248	+	7 Section 50. The Prevailing Wage Act is amended by changing
	249	+	8 Section 2 as follows:
	250	+	9 (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
	251	+	10 Sec. 2. This Act applies to the wages of laborers,
	252	+	11 mechanics and other workers employed in any public works, as
	253	+	12 hereinafter defined, by any public body and to anyone under
	254	+	13 contracts for public works. This includes any maintenance,
	255	+	14 repair, assembly, or disassembly work performed on equipment
	256	+	15 whether owned, leased, or rented.
	257	+	16 As used in this Act, unless the context indicates
	258	+	17 otherwise:
	259	+	18 "Public works" means all fixed works constructed or
	260	+	19 demolished by any public body, or paid for wholly or in part
	261	+	20 out of public funds. "Public works" as defined herein includes
	262	+	21 all projects financed in whole or in part with bonds, grants,
	263	+	22 loans, or other funds made available by or through the State or
	264	+	23 any of its political subdivisions, including but not limited
	265	+	24 to: bonds issued under the Industrial Project Revenue Bond Act
	266	+
	267	+
	268	+
	269	+
	270	+
	271	+	HB3456 Enrolled - 8 - LRB103 30602 DTM 57042 b
	272	+
	273	+
	274	+	HB3456 Enrolled- 9 -LRB103 30602 DTM 57042 b HB3456 Enrolled - 9 - LRB103 30602 DTM 57042 b
	275	+	HB3456 Enrolled - 9 - LRB103 30602 DTM 57042 b
	276	+	1 (Article 11, Division 74 of the Illinois Municipal Code), the
	277	+	2 Industrial Building Revenue Bond Act, the Illinois Finance
	278	+	3 Authority Act, the Illinois Sports Facilities Authority Act,
	279	+	4 or the Build Illinois Bond Act; loans or other funds made
	280	+	5 available pursuant to the Build Illinois Act; loans or other
	281	+	6 funds made available pursuant to the Riverfront Development
	282	+	7 Fund under Section 10-15 of the River Edge Redevelopment Zone
	283	+	8 Act; or funds from the Fund for Illinois' Future under Section
	284	+	9 6z-47 of the State Finance Act, funds for school construction
	285	+	10 under Section 5 of the General Obligation Bond Act, funds
	286	+	11 authorized under Section 3 of the School Construction Bond
	287	+	12 Act, funds for school infrastructure under Section 6z-45 of
	288	+	13 the State Finance Act, and funds for transportation purposes
	289	+	14 under Section 4 of the General Obligation Bond Act. "Public
	290	+	15 works" also includes (i) all projects financed in whole or in
	291	+	16 part with funds from the Environmental Protection Agency under
	292	+	17 the Illinois Renewable Fuels Development Program Act for which
	293	+	18 there is no project labor agreement; (ii) all work performed
	294	+	19 pursuant to a public private agreement under the Public
	295	+	20 Private Agreements for the Illiana Expressway Act or the
	296	+	21 Public-Private Agreements for the South Suburban Airport Act;
	297	+	22 (iii) all projects undertaken under a public-private agreement
	298	+	23 under the Public-Private Partnerships for Transportation Act
	299	+	24 or the Department of Natural Resources World Shooting and
	300	+	25 Recreational Complex Act; and (iv) all transportation
	301	+	26 facilities undertaken under a design-build contract or a
	302	+
	303	+
	304	+
	305	+
	306	+
	307	+	HB3456 Enrolled - 9 - LRB103 30602 DTM 57042 b
	308	+
	309	+
	310	+	HB3456 Enrolled- 10 -LRB103 30602 DTM 57042 b HB3456 Enrolled - 10 - LRB103 30602 DTM 57042 b
	311	+	HB3456 Enrolled - 10 - LRB103 30602 DTM 57042 b
	312	+	1 Construction Manager/General Contractor contract under the
	313	+	2 Innovations for Transportation Infrastructure Act. "Public
	314	+	3 works" also includes all projects at leased facility property
	315	+	4 used for airport purposes under Section 35 of the Local
	316	+	5 Government Facility Lease Act. "Public works" also includes
	317	+	6 the construction of a new wind power facility by a business
	318	+	7 designated as a High Impact Business under Section
	319	+	8 5.5(a)(3)(E) and the construction of a new utility-scale solar
	320	+	9 power facility by a business designated as a High Impact
	321	+	10 Business under Section 5.5(a)(3)(E-5) of the Illinois
	322	+	11 Enterprise Zone Act. "Public works" also includes electric
	323	+	12 vehicle charging station projects financed pursuant to the
	324	+	13 Electric Vehicle Act and renewable energy projects required to
	325	+	14 pay the prevailing wage pursuant to the Illinois Power Agency
	326	+	15 Act. "Public works" does not include work done directly by any
	327	+	16 public utility company, whether or not done under public
	328	+	17 supervision or direction, or paid for wholly or in part out of
	329	+	18 public funds. "Public works" also includes construction
	330	+	19 projects performed by a third party contracted by any public
	331	+	20 utility, as described in subsection (a) of Section 2.1, in
	332	+	21 public rights-of-way, as defined in Section 21-201 of the
	333	+	22 Public Utilities Act, whether or not done under public
	334	+	23 supervision or direction, or paid for wholly or in part out of
	335	+	24 public funds. "Public works" also includes construction
	336	+	25 projects that exceed 15 aggregate miles of new fiber optic
	337	+	26 cable, performed by a third party contracted by any public
	338	+
	339	+
	340	+
	341	+
	342	+
	343	+	HB3456 Enrolled - 10 - LRB103 30602 DTM 57042 b
	344	+
	345	+
	346	+	HB3456 Enrolled- 11 -LRB103 30602 DTM 57042 b HB3456 Enrolled - 11 - LRB103 30602 DTM 57042 b
	347	+	HB3456 Enrolled - 11 - LRB103 30602 DTM 57042 b
	348	+	1 utility, as described in subsection (b) of Section 2.1, in
	349	+	2 public rights-of-way, as defined in Section 21-201 of the
	350	+	3 Public Utilities Act, whether or not done under public
	351	+	4 supervision or direction, or paid for wholly or in part out of
	352	+	5 public funds. "Public works" also includes any corrective
	353	+	6 action performed pursuant to Title XVI of the Environmental
	354	+	7 Protection Act for which payment from the Underground Storage
	355	+	8 Tank Fund is requested. "Public works" does not include
	356	+	9 projects undertaken by the owner at an owner-occupied
	357	+	10 single-family residence or at an owner-occupied unit of a
	358	+	11 multi-family residence. "Public works" does not include work
	359	+	12 performed for soil and water conservation purposes on
	360	+	13 agricultural lands, whether or not done under public
	361	+	14 supervision or paid for wholly or in part out of public funds,
	362	+	15 done directly by an owner or person who has legal control of
	363	+	16 those lands.
	364	+	17 "Construction" means all work on public works involving
	365	+	18 laborers, workers or mechanics. This includes any maintenance,
	366	+	19 repair, assembly, or disassembly work performed on equipment
	367	+	20 whether owned, leased, or rented.
	368	+	21 "Locality" means the county where the physical work upon
	369	+	22 public works is performed, except (1) that if there is not
	370	+	23 available in the county a sufficient number of competent
	371	+	24 skilled laborers, workers and mechanics to construct the
	372	+	25 public works efficiently and properly, "locality" includes any
	373	+	26 other county nearest the one in which the work or construction
	374	+
	375	+
	376	+
	377	+
	378	+
	379	+	HB3456 Enrolled - 11 - LRB103 30602 DTM 57042 b
	380	+
	381	+
	382	+	HB3456 Enrolled- 12 -LRB103 30602 DTM 57042 b HB3456 Enrolled - 12 - LRB103 30602 DTM 57042 b
	383	+	HB3456 Enrolled - 12 - LRB103 30602 DTM 57042 b
	384	+	1 is to be performed and from which such persons may be obtained
	385	+	2 in sufficient numbers to perform the work and (2) that, with
	386	+	3 respect to contracts for highway work with the Department of
	387	+	4 Transportation of this State, "locality" may at the discretion
	388	+	5 of the Secretary of the Department of Transportation be
	389	+	6 construed to include two or more adjacent counties from which
	390	+	7 workers may be accessible for work on such construction.
	391	+	8 "Public body" means the State or any officer, board or
	392	+	9 commission of the State or any political subdivision or
	393	+	10 department thereof, or any institution supported in whole or
	394	+	11 in part by public funds, and includes every county, city,
	395	+	12 town, village, township, school district, irrigation, utility,
	396	+	13 reclamation improvement or other district and every other
	397	+	14 political subdivision, district or municipality of the state
	398	+	15 whether such political subdivision, municipality or district
	399	+	16 operates under a special charter or not.
	400	+	17 "Labor organization" means an organization that is the
	401	+	18 exclusive representative of an employer's employees recognized
	402	+	19 or certified pursuant to the National Labor Relations Act.
	403	+	20 The terms "general prevailing rate of hourly wages",
	404	+	21 "general prevailing rate of wages" or "prevailing rate of
	405	+	22 wages" when used in this Act mean the hourly cash wages plus
	406	+	23 annualized fringe benefits for training and apprenticeship
	407	+	24 programs approved by the U.S. Department of Labor, Bureau of
	408	+	25 Apprenticeship and Training, health and welfare, insurance,
	409	+	26 vacations and pensions paid generally, in the locality in
	410	+
	411	+
	412	+
	413	+
	414	+
	415	+	HB3456 Enrolled - 12 - LRB103 30602 DTM 57042 b
	416	+
	417	+
	418	+	HB3456 Enrolled- 13 -LRB103 30602 DTM 57042 b HB3456 Enrolled - 13 - LRB103 30602 DTM 57042 b
	419	+	HB3456 Enrolled - 13 - LRB103 30602 DTM 57042 b
	420	+	1 which the work is being performed, to employees engaged in
	421	+	2 work of a similar character on public works.
	422	+	3 (Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
	423	+	4 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1094, eff.
	424	+	5 6-15-22.)
	425	+
	426	+
	427	+
	428	+
	429	+
	430	+	HB3456 Enrolled - 13 - LRB103 30602 DTM 57042 b