97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3318
 
Introduced 2/7/2012, by Sen. Toi W. Hutchinson
 
SYNOPSIS AS INTRODUCED:



605 ILCS 130/25
605 ILCS 130/80
605 ILCS 130/95
735 ILCS 30/15-5-35

 Amends the Public Private Agreements for the Illiana Expressway Act. Removes language providing that a public private agreement includes a provision stating that, in the event the contractor finds it necessary, proper, or desirable to enter into subcontracts with one or more design build entities, then it must follow a selection process that is, to the greatest extent possible, identical to the selection process contained in the Design Build Procurement Act. Provides that the Department of Transportation may acquire property for the Illiana Expressway project using the powers granted to it in the Eminent Domain Act. Provides that any bonds, debt, or other securities or other financing issued by or on behalf of a contractor for the purposes of a project undertaken pursuant to the Act shall not be deemed to constitute a debt of the State. Removes language providing that the Department may not exercise the power of quick take in connection with the Illiana Expressway project. Makes a corresponding change in the Eminent Domain Act. Effective immediately.



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A BILL FOR
 


SB3318LRB097 17401 HEP 64211 b



1 AN ACT concerning transportation.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Public Private Agreements for the Illiana 
5Expressway Act is amended by changing Sections 25, 80, and 95 
6as follows:

7 (605 ILCS 130/25)

8 Sec. 25. Provisions of the public private agreement.
9 (a) The public private agreement shall include all of the 
10following:
11  (1) The term of the public private agreement that is 
12 consistent with Section 15 of this Act;
13  (2) The powers, duties, responsibilities, obligations, 
14 and functions of the Department and the contractor;
15  (3) Compensation or payments to the Department, if 
16 applicable;
17  (4) Compensation or payments to the contractor;
18  (5) A provision specifying that the Department:
19   (A) has ready access to information regarding the 
20 contractor's powers, duties, responsibilities, 
21 obligations, and functions under the public private 
22 agreement;
23   (B) has the right to demand and receive information 
 
 
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1 from the contractor concerning any aspect of the 
2 contractor's powers, duties, responsibilities, 
3 obligations, and functions under the public private 
4 agreement; and
5   (C) has the authority to direct or countermand 
6 decisions by the contractor at any time;
7  (6) A provision imposing an affirmative duty on the 
8 contractor to provide the Department with any information 
9 the contractor reasonably believes the Department would 
10 want to know or would need to know to enable the Department 
11 to exercise its powers, carry out its duties, 
12 responsibilities, and obligations, and perform its 
13 functions under this Act or the public private agreement or 
14 as otherwise required by law;
15  (7) A provision requiring the contractor to provide the 
16 Department with advance notice of any decision that bears 
17 significantly on the public interest so the Department has 
18 a reasonable opportunity to evaluate and countermand that 
19 decision pursuant to this Section;
20  (8) A requirement that the Department monitor and 
21 oversee the contractor's practices and take action that the 
22 Department considers appropriate to ensure that the 
23 contractor is in compliance with the terms of the public 
24 private agreement;
25  (9) The authority of the Department to enter into 
26 contracts with third parties pursuant to Section 50 of this 
 
 
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1 Act;
2  (10) A provision governing the contractor's authority 
3 to negotiate and execute subcontracts with third parties;
4  (10.5) (Blank). A provision stating that, in the event 
5 the contractor finds it necessary, proper, or desirable to 
6 enter into subcontracts with one or more design-build 
7 entities, then it must follow a selection process that is, 
8 to the greatest extent possible, identical to the selection 
9 process contained in the Design-Build Procurement Act;
10  (11) The authority of the contractor to impose user 
11 fees and the amounts of those fees, including the authority 
12 of the contractor to use congestion pricing, pursuant to 
13 which higher tolls rates are imposed during times or in 
14 locations of increased congestion;
15  (12) A provision governing the deposit and allocation 
16 of revenues including user fees;
17  (13) A provision governing rights to real and personal 
18 property of the State, the Department, the contractor, and 
19 other third parties;
20  (14) A provision stating that the contractor must, 
21 pursuant to Section 75 of this Act, finance an independent 
22 audit if the construction costs under the contract exceed 
23 $50,000,000;
24  (15) A provision regarding the implementation and 
25 delivery of a comprehensive system of internal audits;
26  (16) A provision regarding the implementation and 
 
 
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1 delivery of reports, which must include a requirement that 
2 the contractor file with the Department, at least on an 
3 annual basis, financial statements containing information 
4 required by generally accepted accounting principles 
5 (GAAP);
6  (17) Procedural requirements for obtaining the prior 
7 approval of the Department when rights that are the subject 
8 of the agreement, including but not limited to development 
9 rights, construction rights, property rights, and rights 
10 to certain revenues, are sold, assigned, transferred, or 
11 pledged as collateral to secure financing or for any other 
12 reason;
13  (18) Grounds for termination of the agreement by the 
14 Department or the contractor and a restatement of the 
15 Department's rights under Section 35 of this Act;
16  (19) A requirement that the contractor enter into a 
17 project labor agreement pursuant to Section 100 of this 
18 Act;
19  (19.5) A provision stating that construction 
20 contractors shall comply with the requirements of Section 
21 30-22 of the Illinois Procurement Code pursuant to Section 
22 100 of this Act;
23  (20) Timelines, deadlines, and scheduling;
24  (21) Review of plans, including development, 
25 financing, construction, management, or operations plans, 
26 by the Department;
 
 
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1  (22) Inspections by the Department, including 
2 inspections of construction work and improvements;
3  (23) Rights and remedies of the Department in the event 
4 that the contractor defaults or otherwise fails to comply 
5 with the terms of the agreement;
6  (24) A code of ethics for the contractor's officers and 
7 employees; and
8  (25) Procedures for amendment to the agreement.
9 (b) The public private agreement may include any or all of 
10the following:
11  (1) A provision regarding the extension of the 
12 agreement that is consistent with Section 15 of this Act;
13  (2) Cash reserves requirements;
14  (3) Delivery of performance and payment bonds or other 
15 performance security in a form and amount that is 
16 satisfactory to the Department;
17  (4) Maintenance of public liability insurance;
18  (5) Maintenance of self-insurance;
19  (6) Provisions governing grants and loans, pursuant to 
20 which the Department may agree to make grants or loans for 
21 the development, financing, construction, management, or 
22 operation of the Illiana Expressway project from time to 
23 time from amounts received from the federal government or 
24 any agency or instrumentality of the federal government or 
25 from any State or local agency;
26  (7) Reimbursements to the Department for work 
 
 
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1 performed and goods, services, and equipment provided by 
2 the Department; and
3  (8) All other terms, conditions, and provisions 
4 acceptable to the Department that the Department deems 
5 necessary and proper and in the public interest.

6(Source: P.A. 96-913, eff. 6-9-10.)

7 (605 ILCS 130/80)

8 Sec. 80. Property acquisition. The Department may acquire 
9property for the Illiana Expressway project using the powers 
10granted to it in the Illinois Highway Code and the Eminent 
11Domain Act. The Department may not exercise the power of quick 
12take in connection with the Illiana Expressway project.

13(Source: P.A. 96-913, eff. 6-9-10.)

14 (605 ILCS 130/95)

15 Sec. 95. Financial arrangements. 
16 (a) The Department may apply for, execute, or endorse 
17applications submitted by contractors and other third parties 
18to obtain federal, State, or local credit assistance to 
19develop, finance, maintain, or operate the Illiana Expressway 
20project.
21 (b) The Department may take any action to obtain federal, 
22State, or local assistance for the Illiana Expressway project 
23that serves the public purpose of this Act and may enter into 
24any contracts required to receive the federal assistance. The 
 
 
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1Department may determine that it serves the public purpose of 
2this Act for all or any portion of the costs of the Illiana 
3Expressway project to be paid, directly or indirectly, from the 
4proceeds of a grant or loan, line of credit, or loan guarantee 
5made by a local, State, or federal government or any agency or 
6instrumentality of a local, State, or federal government. Such 
7assistance may include, but not be limited to, federal credit 
8assistance pursuant to the Transportation Infrastructure 
9Finance and Innovation Act (TIFIA).
10 (c) The Department may agree to make grants or loans for 
11the development, financing, construction, management, or 
12operation of the Illiana Expressway project from time to time, 
13from amounts received from the federal, State, or local 
14government or any agency or instrumentality of the federal, 
15State, or local government.
16 (d) Any financing of the Illiana Expressway project may be 
17in the amounts and subject to the terms and conditions 
18contained in the public private agreement.
19 (e) For the purpose of financing the Illiana Expressway 
20project, the contractor and the Department may do the 
21following:
22  (1) propose to use any and all revenues that may be 
23 available to them;
24  (2) enter into grant agreements;
25  (3) access any other funds available to the Department; 
26 and
 
 
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1  (4) accept grants from any public or private agency or 
2 entity.
3 (f) For the purpose of financing the Illiana Expressway 
4project, public funds may be used and mixed and aggregated with 
5funds provided by or on behalf of the contractor or other 
6private entities.
7 (g) For the purpose of financing the Illiana Expressway 
8project, the Department is authorized to apply for, execute, or 
9endorse applications for an allocation of tax-exempt bond 
10financing authorization provided by Section 142(m) of the 
11United States Internal Revenue Code, as well as financing 
12available under any other federal law or program.
13 (h) Any bonds, debt, or other securities or other financing 
14issued by or on behalf of a contractor for the purposes of a 
15project undertaken pursuant to this Act shall not be deemed to 
16constitute a debt of the State or any political subdivision of 
17the State or a pledge of the faith and credit of the State or 
18any political subdivision of the State.

19(Source: P.A. 96-913, eff. 6-9-10.)

20 Section 10. The Eminent Domain Act is amended by changing 
21Section 15-5-35 as follows:

22 (735 ILCS 30/15-5-35)

23 Sec. 15-5-35. Eminent domain powers in ILCS Chapters 605 
24through 625. The following provisions of law may include 
 
 
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1express grants of the power to acquire property by condemnation 
2or eminent domain:

3(605 ILCS 5/4-501); Illinois Highway Code; Department of 
4 Transportation and counties; for highway purposes.

5(605 ILCS 5/4-502); Illinois Highway Code; Department of 
6 Transportation; for ditches and drains.

7(605 ILCS 5/4-505); Illinois Highway Code; Department of 
8 Transportation; for replacement of railroad and public 
9 utility property taken for highway purposes.

10(605 ILCS 5/4-509); Illinois Highway Code; Department of 
11 Transportation; for replacement of property taken for 
12 highway purposes.

13(605 ILCS 5/4-510); Illinois Highway Code; Department of 
14 Transportation; for rights-of-way for future highway 
15 purposes.

16(605 ILCS 5/4-511); Illinois Highway Code; Department of 
17 Transportation; for relocation of structures taken for 
18 highway purposes.

19(605 ILCS 5/5-107); Illinois Highway Code; counties; for county 
20 highway relocation.

21(605 ILCS 5/5-801); Illinois Highway Code; counties; for 
22 highway purposes.

23(605 ILCS 5/5-802); Illinois Highway Code; counties; for 
24 ditches and drains.

25(605 ILCS 5/6-309); Illinois Highway Code; highway 
 
 
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1 commissioners or county superintendents; for township or 
2 road district roads.

3(605 ILCS 5/6-801); Illinois Highway Code; highway 
4 commissioners; for road district or township roads.

5(605 ILCS 5/6-802); Illinois Highway Code; highway 
6 commissioners; for ditches and drains.

7(605 ILCS 5/8-102); Illinois Highway Code; Department of 
8 Transportation, counties, and municipalities; for limiting 
9 freeway access.

10(605 ILCS 5/8-103); Illinois Highway Code; Department of 
11 Transportation, counties, and municipalities; for freeway 
12 purposes.

13(605 ILCS 5/8-106); Illinois Highway Code; Department of 
14 Transportation and counties; for relocation of existing 
15 crossings for freeway purposes.

16(605 ILCS 5/9-113); Illinois Highway Code; highway 
17 authorities; for utility and other uses in rights-of-ways.

18(605 ILCS 5/10-302); Illinois Highway Code; counties; for 
19 bridge purposes.

20(605 ILCS 5/10-602); Illinois Highway Code; municipalities; 
21 for ferry and bridge purposes.

22(605 ILCS 5/10-702); Illinois Highway Code; municipalities; 
23 for bridge purposes.

24(605 ILCS 5/10-901); Illinois Highway Code; Department of 
25 Transportation; for ferry property.

26(605 ILCS 10/9); Toll Highway Act; Illinois State Toll Highway 
 
 
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1 Authority; for toll highway purposes.

2(605 ILCS 10/9.5); Toll Highway Act; Illinois State Toll 
3 Highway Authority; for its authorized purposes.

4(605 ILCS 10/10); Toll Highway Act; Illinois State Toll Highway 
5 Authority; for property of a municipality or political 
6 subdivision for toll highway purposes.

7(605 ILCS 115/14); Toll Bridge Act; counties; for toll bridge 
8 purposes.

9(605 ILCS 115/15); Toll Bridge Act; counties; for the purpose 
10 of taking a toll bridge to make it a free bridge.

11 (605 ILCS 130/80); Public Private Agreements for the Illiana 
12 Expressway Act; Department of Transportation; for the 
13 Illiana Expressway project.
14(610 ILCS 5/17); Railroad Incorporation Act; railroad 
15 corporation; for real estate for railroad purposes.

16(610 ILCS 5/18); Railroad Incorporation Act; railroad 
17 corporations; for materials for railways.

18(610 ILCS 5/19); Railroad Incorporation Act; railways; for land 
19 along highways.

20(610 ILCS 70/1); Railroad Powers Act; purchasers and lessees of 
21 railroad companies; for railroad purposes.

22(610 ILCS 115/2 and 115/3); Street Railroad Right of Way Act; 
23 street railroad companies; for street railroad purposes.

24(615 ILCS 5/19); Rivers, Lakes, and Streams Act; Department of 
25 Natural Resources; for land along public waters for 
26 pleasure, recreation, or sport purposes.

 
 
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1(615 ILCS 10/7.8); Illinois Waterway Act; Department of Natural 
2 Resources; for waterways and appurtenances.

3(615 ILCS 15/7); Flood Control Act of 1945; Department of 
4 Natural Resources; for the purposes of the Act.

5(615 ILCS 30/9); Illinois and Michigan Canal Management Act; 
6 Department of Natural Resources; for dams, locks, and 
7 improvements.

8(615 ILCS 45/10); Illinois and Michigan Canal Development Act; 
9 Department of Natural Resources; for development and 
10 management of the canal.

11(620 ILCS 5/72); Illinois Aeronautics Act; Division of 
12 Aeronautics of the Department of Transportation; for 
13 airport purposes.

14(620 ILCS 5/73); Illinois Aeronautics Act; Division of 
15 Aeronautics of the Department of Transportation; for 
16 removal of airport hazards.

17(620 ILCS 5/74); Illinois Aeronautics Act; Division of 
18 Aeronautics of the Department of Transportation; for 
19 airport purposes.

20(620 ILCS 25/33); Airport Zoning Act; Division of Aeronautics 
21 of the Department of Transportation; for air rights.

22(620 ILCS 40/2 and 40/3); General County Airport and Landing 
23 Field Act; counties; for airport purposes.

24(620 ILCS 40/5); General County Airport and Landing Field Act; 
25 counties; for removing hazards.

26(620 ILCS 45/6 and 45/7); County Airport Law of 1943; boards of 
 
 
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1 directors of airports and landing fields; for airport and 
2 landing field purposes.

3(620 ILCS 50/22 and 50/31); County Airports Act; counties; for 
4 airport purposes.

5(620 ILCS 50/24); County Airports Act; counties; for removal of 
6 airport hazards.

7(620 ILCS 50/26); County Airports Act; counties; for 
8 acquisition of airport protection privileges.

9(620 ILCS 52/15); County Air Corridor Protection Act; counties; 
10 for airport zones.

11(620 ILCS 55/1); East St. Louis Airport Act; Department of 
12 Transportation; for airport in East St. Louis metropolitan 
13 area.

14(620 ILCS 65/15); O'Hare Modernization Act; Chicago; for the 
15 O'Hare modernization program, including quick-take power.

16(625 ILCS 5/2-105); Illinois Vehicle Code; Secretary of State; 
17 for general purposes.

18(625 ILCS 5/18c-7501); Illinois Vehicle Code; rail carriers; 
19 for railroad purposes, including quick-take power.

20(Source: P.A. 94-1055, eff. 1-1-07.)


21 Section 99. Effective date. This Act takes effect upon 
22becoming law.