IL
Illinois Senate Bill SB3096

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3096 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3096 Introduced 2/2/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: New Act Creates the Department of Natural Resources Sahara Woods State Recreation Area Act. Authorizes the Department of Natural Resources to enter into a public-private agreement to develop, construct, finance, lease, manage, and operate campground facilities at Sahara Woods State Recreation Area. Authorizes the Director of Natural Resources to enter into discussions with interested persons prior to soliciting requests for proposals. Directs the Department to comply with specified provisions of the Illinois Procurement Code. Describes the request-for-proposal process that is to be employed. Contains provisions concerning the payment of prevailing wages and the use of project labor agreements. Specifies that the term of any public-private agreement entered into under the Act shall be no less than 25 years and no more than 99 years. Defines terms. Effective immediately. LRB103 37845 JAG 67975 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3096 Introduced 2/2/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED: New Act New Act Creates the Department of Natural Resources Sahara Woods State Recreation Area Act. Authorizes the Department of Natural Resources to enter into a public-private agreement to develop, construct, finance, lease, manage, and operate campground facilities at Sahara Woods State Recreation Area. Authorizes the Director of Natural Resources to enter into discussions with interested persons prior to soliciting requests for proposals. Directs the Department to comply with specified provisions of the Illinois Procurement Code. Describes the request-for-proposal process that is to be employed. Contains provisions concerning the payment of prevailing wages and the use of project labor agreements. Specifies that the term of any public-private agreement entered into under the Act shall be no less than 25 years and no more than 99 years. Defines terms. Effective immediately. LRB103 37845 JAG 67975 b LRB103 37845 JAG 67975 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3096 Introduced 2/2/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED:
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55 Creates the Department of Natural Resources Sahara Woods State Recreation Area Act. Authorizes the Department of Natural Resources to enter into a public-private agreement to develop, construct, finance, lease, manage, and operate campground facilities at Sahara Woods State Recreation Area. Authorizes the Director of Natural Resources to enter into discussions with interested persons prior to soliciting requests for proposals. Directs the Department to comply with specified provisions of the Illinois Procurement Code. Describes the request-for-proposal process that is to be employed. Contains provisions concerning the payment of prevailing wages and the use of project labor agreements. Specifies that the term of any public-private agreement entered into under the Act shall be no less than 25 years and no more than 99 years. Defines terms. Effective immediately.
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1111 1 AN ACT concerning conservation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the
1515 5 Department of Natural Resources Sahara Woods State Recreation
1616 6 Area Act.
1717 7 Section 5. Legislative intent. The General Assembly finds
1818 8 that authorizing the Department of Natural Resources to enter
1919 9 into a public-private partnership for the development,
2020 10 construction, maintenance, or operation of campground
2121 11 facilities at Sahara Woods State Recreation Area will allow
2222 12 greater utilization of the Area and is in the best interest of
2323 13 the State and the local community.
2424 14 Section 10. Definitions.
2525 15 "Contractor" means a person who has been selected to enter
2626 16 or has entered into a public-private agreement with the
2727 17 Department on behalf of the State for the development,
2828 18 financing, management, or operation of campgrounds facilities
2929 19 at Sahara Woods State Recreational Area pursuant to this Act.
3030 20 "Department" means the Department of Natural Resources.
3131 21 "Director" means the Director of Natural Resources.
3232 22 "Maintain" or "maintenance" includes ordinary maintenance,
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3636 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3096 Introduced 2/2/2024, by Sen. Dale Fowler SYNOPSIS AS INTRODUCED:
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3939 Creates the Department of Natural Resources Sahara Woods State Recreation Area Act. Authorizes the Department of Natural Resources to enter into a public-private agreement to develop, construct, finance, lease, manage, and operate campground facilities at Sahara Woods State Recreation Area. Authorizes the Director of Natural Resources to enter into discussions with interested persons prior to soliciting requests for proposals. Directs the Department to comply with specified provisions of the Illinois Procurement Code. Describes the request-for-proposal process that is to be employed. Contains provisions concerning the payment of prevailing wages and the use of project labor agreements. Specifies that the term of any public-private agreement entered into under the Act shall be no less than 25 years and no more than 99 years. Defines terms. Effective immediately.
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6767 1 repair, rehabilitation, capital maintenance, replacement, and
6868 2 any other categories of maintenance that may be designated by
6969 3 the Department.
7070 4 "Offeror" means a person who responds to a request for
7171 5 proposals under this Act.
7272 6 "Operate" or "operation" means to do one or more of the
7373 7 following: maintain, improve, equip, modify, or otherwise
7474 8 operate.
7575 9 "Person" means any individual, firm, association, joint
7676 10 venture, partnership, estate, trust, syndicate, fiduciary,
7777 11 corporation, or any other legal entity, group, or combination
7878 12 thereof.
7979 13 "Public-private agreement" means an agreement or contract
8080 14 between the Department and the contractor on behalf of the
8181 15 State and all schedules, exhibits, and attachments thereto,
8282 16 entered into pursuant to a competitive request for proposals
8383 17 process governed by this Act, for the development,
8484 18 construction, financing, management and operation of
8585 19 campground facilities at Sahara Woods State Recreation Area
8686 20 under this Act.
8787 21 "Revenues" means all revenues, including, but not limited
8888 22 to, income, user fees, earnings, interest, lease payments,
8989 23 allocations, moneys from the federal government, the State,
9090 24 and units of local government, including, but not limited to,
9191 25 federal, State, and local appropriations, grants, loans, lines
9292 26 of credit, and credit guarantees; bond proceeds; equity
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103103 1 investments; service payments; or other receipts arising out
104104 2 of or in connection with the development, construction,
105105 3 financing, development, management, or operation of campground
106106 4 facilities at Sahara Woods State Recreation Area.
107107 5 "Sahara Woods State Recreation Area" means real property
108108 6 in Carrier Mills, Illinois, consisting of approximately 4,000
109109 7 acres of vacated strip mine land including the 98 acre Sahara
110110 8 Lake and numerous strip cuts that make up approximately 270
111111 9 acres of fishable water.
112112 10 Section 15. Authority to enter public-private agreement.
113113 11 Notwithstanding any provision of law to the contrary, the
114114 12 Department, on behalf of the State, may enter into a
115115 13 public-private agreement to develop, construct, finance,
116116 14 lease, manage, and operate campground facilities at Sahara
117117 15 Woods State Recreation Area on behalf of the State, pursuant
118118 16 to which the contractors may receive certain revenues,
119119 17 including management or user fees in consideration of the
120120 18 payment of moneys to the State for that right.
121121 19 Section 20. Engagement prior to request for proposals. The
122122 20 Director or the Director's designee may, prior to soliciting
123123 21 requests for proposals, enter into discussions with interested
124124 22 persons in order to assess existing market conditions and
125125 23 demands, provided that no such interested persons shall have
126126 24 any role in drafting any request for proposals, nor shall any
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137137 1 request for proposal be provided to any interested person
138138 2 prior to its general public distribution. The Director may
139139 3 issue a request for qualifications that requests interested
140140 4 persons to provide such information as the Director deems
141141 5 necessary in order to evaluate the qualifications of such
142142 6 interested persons. This may include, but is not limited to,
143143 7 the ability of interested persons to acquire the property, as
144144 8 determined by the Director. Such engagement and discussions
145145 9 with interested persons are exempt from Sections 50-10.5,
146146 10 50-39, 50-40, 50-45, and 50-50 of the Illinois Procurement
147147 11 Code.
148148 12 Section 25. Requests for proposals. If requests for
149149 13 proposals are made by the Department, the Department shall
150150 14 comply with the competitive request for proposals process
151151 15 under Article 20 of the Illinois Procurement Code, rules
152152 16 adopted under that Code, and this Act.
153153 17 Section 30. Request for proposal process.
154154 18 (a) The Department, on behalf of the State, may select a
155155 19 contractor through a competitive request for proposals process
156156 20 under Article 20 of the Illinois Procurement Code and rules
157157 21 adopted under that Article of the Code.
158158 22 (b) The competitive request for proposals process shall
159159 23 solicit statements of qualification and proposals from
160160 24 offerors.
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171171 1 (c) In addition to any requirements under Article 20 of
172172 2 the Illinois Procurement Code, the competitive request for
173173 3 proposals process may take into account the following
174174 4 criteria:
175175 5 (1) the offeror's plans for the campgrounds project at
176176 6 Sahara Woods State Recreation Area;
177177 7 (2) the offeror's current and past business practices;
178178 8 and
179179 9 (3) the offeror's poor or inadequate past performance
180180 10 in developing, financing, constructing, managing, or
181181 11 operating other historic landmark properties or other
182182 12 public assets.
183183 13 Section 35. Provisions of the public-private agreement.
184184 14 (a) The public-private agreement may include, but is not
185185 15 limited to, the following:
186186 16 (1) the powers, duties, responsibilities, obligations,
187187 17 and functions of the Department and the contractor;
188188 18 (2) compensation or payments to the Department, if
189189 19 applicable;
190190 20 (3) compensation or payments to the contractor, if
191191 21 applicable;
192192 22 (4) a provision specifying that the Department:
193193 23 (A) has ready access to information regarding the
194194 24 contractor's powers, duties, responsibilities,
195195 25 obligations, and functions under the public-private
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206206 1 agreement;
207207 2 (B) has the right to demand and receive
208208 3 information from the contractor concerning any aspect
209209 4 of the contractor's powers, duties, responsibilities,
210210 5 obligations, and functions under the public-private
211211 6 agreement; and
212212 7 (C) has the authority to direct or countermand
213213 8 decisions by the contractor at any time.
214214 9 (5) the authority of the contractor to impose user
215215 10 fees and the amounts of those fees;
216216 11 (6) a provision governing the deposit and allocation
217217 12 of revenues, including user fees;
218218 13 (7) a provision governing rights to real and personal
219219 14 property of the State, the Department, the contractor, and
220220 15 other third parties;
221221 16 (8) rights and remedies of the Department if the
222222 17 contractor defaults or otherwise fails to comply with the
223223 18 terms of the agreement; and
224224 19 (9) all other terms, conditions, and provisions
225225 20 acceptable to the Department that the Department deems
226226 21 necessary and proper and in the public interest.
227227 22 Section 40. Labor.
228228 23 (a) A public-private agreement related to Sahara Woods
229229 24 State Recreation Area pertaining to the building, altering,
230230 25 repairing, maintaining, improving, or demolishing of
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241241 1 campground facilities shall require the contractor and all
242242 2 subcontractors to comply with the requirements of Section
243243 3 30-22 of the Illinois Procurement Code as they apply to
244244 4 responsible bidders, including, but not limited to, all
245245 5 applicable provisions of the Prevailing Wage Act, and to
246246 6 present satisfactory evidence of that compliance to the
247247 7 Department, unless the project is federally funded and the
248248 8 application of those requirements would jeopardize the receipt
249249 9 or use of federal funds in support of the project.
250250 10 (b) A public-private agreement related to Sahara Woods
251251 11 State Recreation Area pertaining to the building, altering,
252252 12 repairing, maintaining, improving, or demolishing campground
253253 13 facilities at the Area shall require the contractor and all
254254 14 subcontractors to enter into a project labor agreement used by
255255 15 the Capital Development Board.
256256 16 Section 45. Term of agreement; reversion of property to
257257 17 the Department.
258258 18 (a) The term of any public-private agreement entered into
259259 19 under this Act shall be no less than 25 years and no more than
260260 20 99 years.
261261 21 (b) The Department may terminate the contractor's
262262 22 authority and duties under the public-private agreement on the
263263 23 date set forth in the public-private agreement. The Department
264264 24 may also terminate the public-private agreement pursuant to
265265 25 any clause or condition as set forth in the public-private
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276276 1 agreement.
277277 2 (c) Upon termination of the public-private agreement, the
278278 3 authority, and duties of the contractor under this Act cease,
279279 4 except for those duties and obligations that extend beyond the
280280 5 termination, as set forth in the public-private agreement, and
281281 6 all interests in the campground facilities at Sahara Woods
282282 7 State Recreation Area shall revert to the Department.
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