Bill Amendment: IL SB0313 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: GOVERNMENT-TECH

Status: 2015-10-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0313 Detail]

Download: Illinois-2015-SB0313-Senate_Amendment_001.html

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Sen. Heather A. Steans

Filed: 3/27/2015

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AMENDMENT TO SENATE BILL 313
AMENDMENT NO. ______. Amend Senate Bill 313 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Alternative Finance and Procurement Agreement Act.
Section 5. Definitions. As used in this Act:
"Alternative finance and procurement agreement" means a
contract for a project which transfers the business rights for
the use or control, in whole or in part, of a public building,
public service, public asset, or transportation asset, by a
public agency to a development entity for a definite term
during which the development entity shall provide the project
to the public agency in return for the right to receive all or
a portion of the revenue generated from the use of the
facility, or other payment, such as the following services:
operations and maintenance; revenue collection; user fee

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collection or enforcement; design; construction; development;
and other activities that expand or enhance existing or new
public buildings, public assets, public services, or
transportation assets.
"Board" means the Alternative Finance and Procurement
Board.
"Consultant" means any person or entity who, within the
preceding 4 years, has been or is employed by a private entity
or public agency to make recommendations in developing a
project or assist with finding appropriate advisers.
"Consultant" does not include professionals or professionals
offering services, who are not directly or indirectly related
to the development of a project.
"Development entity" means an entity which is a party to an
alternative finance and procurement agreement and which is a
private entity or public agency, other than the public agency
providing or improving its own facilities.
"Gift" means a gift as defined in Section 1-5 of the State
Officials and Employees Ethics Act.
"Life of the project" means the amount of time required for
construction of a project, financing of a project, operational
period of a project, maintenance term of a project, or other
method of determining that a project has been completed.
"Offeror" means a person or private entity that submits a
proposal or a response in answer to a request for proposals or
transportation projects.

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"Party in interest" means a person who with respect to a
proposed project under this Act is:
(1) a current or former counsel or employee of the
offeror;
(2) currently or in the past has provided services to
the offeror; or
(3) a relative of a person described in subparagraph
(1) or (2) of this paragraph.
"P3 project" means a contractual agreement between a public
entity and private entity that:
(1) transfers the responsibility of a facility's
engineering, construction, operation, or maintenance to
the private sector for a defined period of time;
(2) allows the private sector to perform by contract a
service previously provided by the public sector; and
(3) ensures the private entity receives payments
either from existing revenue sources or through the
collection of new tolls or user fees.
"Private entity" means a person, entity, group, or
organization that is not the federal government, the State, or
other public agency.
"Prohibited source" means a person or entity who:
(1) is seeking official action:
(A) by the Board; or
(B) by a Board member;
(2) does business or seeks to do business:

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(A) with the Board; or
(B) with a Board member;
(3) has interests that may be substantially affected by
the performance or non-performance of the official duties
of a Board member; or
(4) is registered or required to be registered with the
Secretary of State under the Lobbyist Registration Act,
except that an entity not otherwise a prohibited source
does not become a prohibited source merely because a
registered lobbyist is one of its members or serves on its
board of directors.
"Project" means an undertaking by a development entity
under an alternative finance and procurement agreement that is
entered into under this Act to provide or improve a public
asset, public building, public service, or transportation
asset which is totally or partially located within the State.
"Public agency" means any municipality or unit of local
government, any public school district, any public college or
university, any public building commission, the State, an
instrumentality and an administrative agency or any other
agency of the State or of the United States, or of any other
state, any political subdivision of another state, and any
combination of the above under an intergovernmental agreement
which includes provisions for a governing body of the agency
created by the agreement.
"Public asset" means any proposed or existing park, clean

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water system, waste water system, energy asset,
telecommunications asset, or any other asset owned by a public
agency.
"Public building" means any proposed or existing school,
community center, fire station, police station, community
college, university, hospital, library, or other building
owned by a public agency.
"Public service" means any proposed or existing service
performed or provided by a public agency or private entity.
"Transportation asset" means a proposed or existing road,
toll highway, bridge, tunnel, overpass, ferry, bus way,
guideway, public transportation facility, vehicle parking
facility, port facility, commercial and public navigation lock
and dam, commercial waterway, multimodal transportation
facility, airport, station, hub, terminal or similar facility
used or to be used for the transportation of persons, animals
or goods, together with any buildings, structures, parking
areas, appurtenances, intelligent transportation systems, and
other property needed to operate or related to the operation of
the transportation facility. "Transportation asset" includes
any improvements or substantial enhancements or modifications
to an existing transportation facility.
"Unit of local government" has the meaning ascribed to that
term in Article VII, Section 1 of the Constitution of the State
of Illinois and also means any unit designated as a municipal
corporation.

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Section 10. Alternative Finance and Procurement Board.
(a) An Alternative Finance and Procurement Board is hereby
created, which shall be composed of 9 members appointed by the
Governor. The members of the Board shall be residents of this
State and have expertise or substantial experience in one or
more of the following areas:
(1) public buildings;
(2) agriculture;
(3) public utilities;
(4) finance;
(5) transportation;
(6) law; or
(7) land use and public planning.
(b) Board members shall not hold any other position as an
elected official or employee of the State or other public
agency. No member of the Board during his or her term of office
shall directly or indirectly own or have any financial interest
in, be associated with or receive any fee, commission,
compensation or anything of value from any state agency or
private entity seeking to engage in an alternative finance and
procurement agreement that will be under the consideration of
the Board.
(c) Of the initial appointments, 3 members shall be
appointed for one-year terms, 3 members shall be appointed for
2-year terms, and 3 members shall be appointed for 4-year

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terms. Members shall serve until their successor is appointed
and may not serve more than one 4-year term. After the initial
terms have expired, all members shall be appointed for 4-year
terms. A member may resign or be removed by the Governor. If a
vacancy occurs, the Governor shall make an appointment to fill
the vacancy for the remainder of the unexpired term.
(d) The Board members shall designate a Chairperson from
among the appointed members of the Board.
(e) The Chairperson, after consultation with the members
and any appropriate State agencies, shall designate
representatives of any State agencies deemed necessary to serve
on the Board as ex officio members to provide technical
background support to the Board.
(f) A majority of the appointed members of the Board shall
constitute a quorum. The adoption of any action of the Board
shall require a majority vote of the appointed members of the
Board.
(g) The Board shall meet as necessary to conduct business,
but shall meet at least once every 2 months.
(h) Board members shall serve without compensation, but may
be reimbursed for reasonable expenses.
Section 15. Alternative finance and procurement
agreements.
(a) Any public agency may enter into an alternative finance
and procurement agreement with any private entity for improving

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transportation assets, public buildings, public services, or
other public assets.
(b) The Board shall review and provide input on project
financing, procurement, and project delivery in the State. The
Board may review and approve alternative and procurement
projects that improve or construct public assets, public
buildings, public services, and transportation assets, except
those entered into under the Public-Private Partnerships for
Transportation Act. However, public agencies are not required
to use the Board, but may bring projects before the Board to
determine the types of financing, procurement, and project
delivery that are possible for a project, which includes, but
is not limited to, traditional and alternative modes of
financing including those that result in an infrastructure
agreement. No person who is a party in interest or a consultant
may participate in the evaluation of proposals on behalf of the
Board.
(c) The Board shall submit an annual report to the Governor
and the General Assembly detailing all projects evaluated,
adopted, and completed, and the evidence used in making the
Board's decisions.
Section 20. Alternative finance and procurement agreement
procedure.
(a) Within 120 days after the effective date of this Act,
the Board shall adopt:

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(1) a governing structure for the conduct of Board
business, including how and when the Board shall meet, make
decisions, inform the public of its decisions, and function
as an independent entity;
(2) the procedure by which a public agency can submit a
request for a project;
(3) the procedure by which an offeror may submit a
solicited or an unsolicited plan for a project to the
Board, including adequate time for the preparation,
submission, and evaluation of competitive proposals on a
case-by-case basis;
(4) clear standards of project approval for different
project types, such as standards for schools, roads, or
waterways;
(5) the procedure of which the Board collects and
compiles a list of all projects that improve or construct
public assets, public buildings, public services, and
transportation assets within this State;
(6) guidelines to aggregate several projects to form
one alternative finance and procurement agreement;
(7) guidelines for a public agency to make payments to
unsuccessful bidders for work product contained in their
proposals if that part is chosen as a component of a
project;
(8) guidelines for allowing more than one public agency
to enter into a single alternative finance and procurement

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agreement; and
(9) clear standards identifying traditional,
nontraditional, or innovative project delivery methods or
agreements that public agencies can utilize to address
their needs and serve the public interest.
(b) Projects submitted to the Board must have an
identified, stable, and predictable funding source for the life
of the project. Projects shall be assessed on a case by case
basis with performance outcomes project to project. Projects
and agreements shall be structured to achieve the best method
to implement the established and approved goals of the Board;
however, there may not be restrictions concerning the
geographic location of P3 projects or restrictions regarding
the asset type eligible to be developed as a P3 project.
(c) The Board shall evaluate and rule upon a project within
3 months of submission of the project to the Board.
(d) The Board may charge application fees for unsolicited
proposals to offset proposal review costs.
(e) Within a 120 days after the effective date of this Act,
the Board shall establish and implement a publicly accessible
Internet website.
Section 25. Ethics.
(a) No member of the Board shall intentionally solicit or
accept any gift from any prohibited source as prescribed in
Article 10 of the State Officials and Employees Ethics Act. The

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exceptions contained in Section 10-15 of that Act, other than
paragraphs (4) and (5) of Section 10-15 of that Act shall apply
to members of the Board. However, solicitation or acceptance of
educational materials is not prohibited. For the purposes of
this Section, references to "State employee" and "employee" in
Article 10 of the State Officials and Employees Ethics Act
shall include a trustee or employee of a retirement system,
pension fund, or investment board created under State law.
(1) A municipality may adopt or maintain policies or
ordinances that are more restrictive than those under this
subsection (a) and may continue to follow any existing
policies or ordinances that are more restrictive or are in
addition to those under this subsection (a).
(2) To the extent that the provisions of this
subsection (a) conflict with the provisions of the State
Officials and Employees Ethics Act, the provisions of this
subsection (a) control.
(3) Violation of this subsection (a) is a Class A
misdemeanor.
(b) No member of the Board nor any spouse of a member shall
knowingly have any direct interest in the income, gains, or
profits of any projects brought before the Board, nor receive
any pay or emolument for services in connection with any
project. No member of the Board shall become an endorser of any
project under this Act. Violation of this subsection is a Class
3 felony.".