Public Act 103-0447
 
HB3456 EnrolledLRB103 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 
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.)

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