Bill Text: IL SB1825 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Illinois Vehicle Code. Prohibits a towing service from performing a removal of a commercial motor vehicle under that vehicle's own power without the authorization of a law enforcement officer.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Failed) 2015-01-13 - Session Sine Die [SB1825 Detail]

Download: Illinois-2013-SB1825-Amended.html

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Rep. Lawrence M. Walsh, Jr.

Filed: 5/29/2014

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AMENDMENT TO SENATE BILL 1825
AMENDMENT NO. ______. Amend Senate Bill 1825, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The State Finance Act is amended by changing
Section 8.3 and by adding Section 6z-100 as follows:
(30 ILCS 105/6z-100 new)
Sec. 6z-100. The Illiana Expressway Public Private
Agreement Trust Fund.
(a) For purposes of this Section:
"Availability payment" means a payment made to the
contractor for performing its responsibility to design,
build, finance, operate, or maintain the Illiana
Expressway.
"Contractor" means the contractor as defined by the
Public Private Agreements for the Illiana Expressway Act.

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"Public private agreement" means the public private
agreement developed under the Public Private Agreements
for the Illiana Expressway Act.
"Secretary" means the Secretary of Transportation, for
the Department of Transportation.
(b) Fund Established. The Illiana Expressway Public
Private Agreement Trust Fund is created as a trust fund in the
State treasury. It is the intent of this amendatory Act of the
98th General Assembly that all items of income that may be
legally applied for use in making payments required under the
public private agreement shall first be deposited into the
Illiana Expressway Proceeds Fund unless provided in this
Section or otherwise specified by law. The income of the
Illiana Expressway Public Private Agreement Trust Fund shall
consist of the transfers and deposits detailed in subsections
(c) and (d) of this Section.
(c) Transfers.
(1) Upon the execution of the public private agreement,
the Secretary shall provide written notice to the State
Comptroller and State Treasurer. This notice shall include
the dates on which payments designated as availability
payments are required to be paid under the public private
agreement and shall also specify the maximum annual amount
of availability payments required to be paid under the
public private agreement. Beginning July 1, or as soon as
practicable thereafter, of the fiscal year prior to the

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year in which the first availability payments are required
to be made under the public private agreement, and
continuing for each fiscal year thereafter until the
termination of the public private agreement, the State
Comptroller shall order transferred and the State
Treasurer shall transfer on the first day of each month, or
as soon as practicable thereafter, from the Road Fund to
the Illiana Expressway Public Private Agreement Trust Fund
an amount equal to 150% of one-twelfth of the amount
specified by the Secretary until the amount transferred
equals the availability payments certified for that fiscal
year. In the event that the amount on deposit in the
Illiana Expressway Public Private Agreement Trust Fund at
the end of any fiscal year is greater than the amount of
the availability payments certified by the Secretary as due
for the following fiscal year, this excess amount shall
reduce the amount of the required transfers from the Road
Fund to the Illiana Expressway Public Private Agreement
Trust Fund for the following fiscal year.
(2) In addition to the transfers specified in paragraph
(1) of this subsection (c), in the event that payments
other than availability payments are required to be paid
under the public private agreement, the Secretary shall
certify the amount of these payments to the State
Comptroller and State Treasurer, and the State Comptroller
shall order transferred and the State Treasurer shall

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transfer from the Road Fund to the Illiana Expressway
Public Private Agreement Trust Fund the amount certified.
(3) In the event that a payment is required to be paid
on a date or in an amount that differs from the date or
amount initially provided by the Secretary under this
subsection (c), the Secretary shall provide written notice
to the State Comptroller and State Treasurer of the new
date or amount of payment. The State Comptroller shall
order transferred and the State Treasurer shall transfer
the amount required on the date described in this written
certification.
(d) The Illiana Expressway Public Private Agreement Trust
Fund shall consist of the following:
(1) all user fees, as defined in the Public Private
Agreements for the Illiana Expressway Act, shall be
deposited into the Illiana Expressway Proceeds Fund; as
soon as may be practical on or after July 1 of each fiscal
year, the State Comptroller shall order transferred and the
State Treasurer shall transfer the available balance in the
Illiana Expressway Proceeds Fund into the Illiana
Expressway Public Private Agreement Trust Fund;
(2) all other sources of income that may lawfully be
directed into the Illiana Expressway Public Private
Agreement Trust Fund, including without limitation
transfers under subsection (c) of this Section, federal
funds and reimbursements, grants, and gifts; and

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(3) investment income earned on the available balances
in the Illiana Expressway Proceeds Fund and the Illiana
Expressway Public Private Agreement Trust Fund.
(e) The Governor shall include in the State budget for each
fiscal year that he or she submits to the General Assembly
under the State Budget Law of the Civil Administrative Code of
Illinois an appropriation recommendation equal to the expected
amount of expenditures required from the Illiana Expressway
Public Private Agreement Trust Fund for that fiscal year and
the following 3 fiscal years. This appropriation
recommendation shall include an approximate break-out of
expenditures between availability payments and other payments
required by the public private agreement.
Subject to appropriation, moneys in the Illiana Expressway
Public Private Agreement Trust Fund shall only be used for
payments under the public private agreement.
The deposits and transfers required by this Section are
intended to facilitate the authorization granted by the Public
Private Agreements for the Illiana Expressway Act to the
Department of Transportation to enter into the public private
agreement.
(f) In the event that at the end of any fiscal year the
amount on deposit in the Illiana Expressway Proceeds Fund is in
excess of the amount required to be transferred into the
Illiana Expressway Public Private Agreement Trust for the
succeeding fiscal year under subsection (c) of this Section, no

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transfers from the Road Fund to the Illiana Expressway Public
Private Agreement Trust Fund shall be required for the
succeeding fiscal year and the excess amount shall be
transferred from Illiana Expressway Proceeds Fund to the Road
Fund.
(g) Upon the termination of the public private agreement
and satisfaction in full of all payments required under the
public private agreement no further transfers shall be made
from the Road Fund to the Illiana Expressway Public Private
Agreement Trust Fund. All amounts remaining on deposit in the
Illiana Expressway Proceeds Fund shall be transferred to the
Road Fund and the Illiana Expressway Public Private Agreement
Trust Fund shall be dissolved. Thereafter, deposits for the
Illiana Expressway Public Private Agreement Trust Fund shall be
deposited into the Road Fund. At the end of each fiscal year,
any amounts on deposit in the Illiana Expressway Proceeds Fund
shall be transferred to the Road Fund.
(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
Sec. 8.3. Money in the Road Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of permanent highways, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and payable,
and for no other purpose. The surplus, if any, in the Road Fund
after the payment of principal and interest on that bonded

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indebtedness then annually due shall be used as follows:
first -- to pay the cost of administration of Chapters
2 through 10 of the Illinois Vehicle Code, except the cost
of administration of Articles I and II of Chapter 3 of that
Code; and
secondly -- for expenses of the Department of
Transportation for construction, reconstruction,
improvement, repair, maintenance, operation, and
administration of highways in accordance with the
provisions of laws relating thereto, or for any purpose
related or incident to and connected therewith, including
the separation of grades of those highways with railroads
and with highways and including the payment of awards made
by the Illinois Workers' Compensation Commission under the
terms of the Workers' Compensation Act or Workers'
Occupational Diseases Act for injury or death of an
employee of the Division of Highways in the Department of
Transportation; or for the purpose of making payments and
transfers required by the public private agreement
developed under the Public Private Agreements for the
Illiana Expressway Act; or for the acquisition of land and
the erection of buildings for highway purposes, including
the acquisition of highway right-of-way or for
investigations to determine the reasonably anticipated
future highway needs; or for making of surveys, plans,
specifications and estimates for and in the construction

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and maintenance of flight strips and of highways necessary
to provide access to military and naval reservations, to
defense industries and defense-industry sites, and to the
sources of raw materials and for replacing existing
highways and highway connections shut off from general
public use at military and naval reservations and
defense-industry sites, or for the purchase of
right-of-way, except that the State shall be reimbursed in
full for any expense incurred in building the flight
strips; or for the operating and maintaining of highway
garages; or for patrolling and policing the public highways
and conserving the peace; or for the operating expenses of
the Department relating to the administration of public
transportation programs; or, during fiscal year 2012 only,
for the purposes of a grant not to exceed $8,500,000 to the
Regional Transportation Authority on behalf of PACE for the
purpose of ADA/Para-transit expenses; or, during fiscal
year 2013 only, for the purposes of a grant not to exceed
$3,825,000 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses; or, during fiscal year 2014 only, for the
purposes of a grant not to exceed $3,825,000 to the
Regional Transportation Authority on behalf of PACE for the
purpose of ADA/Para-transit expenses; or for any of those
purposes or any other purpose that may be provided by law.
Appropriations for any of those purposes are payable from

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the Road Fund. Appropriations may also be made from the Road
Fund for the administrative expenses of any State agency that
are related to motor vehicles or arise from the use of motor
vehicles.
Beginning with fiscal year 1980 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement;
1. Department of Public Health;
2. Department of Transportation, only with respect to
subsidies for one-half fare Student Transportation and
Reduced Fare for Elderly, except during fiscal year 2012
only when no more than $40,000,000 may be expended and
except during fiscal year 2013 only when no more than
$17,570,300 may be expended and except during fiscal year
2014 only when no more than $17,570,000 may be expended;
3. Department of Central Management Services, except
for expenditures incurred for group insurance premiums of
appropriate personnel;
4. Judicial Systems and Agencies.
Beginning with fiscal year 1981 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon

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appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Department of State Police, except for expenditures
with respect to the Division of Operations;
2. Department of Transportation, only with respect to
Intercity Rail Subsidies, except during fiscal year 2012
only when no more than $40,000,000 may be expended and
except during fiscal year 2013 only when no more than
$26,000,000 may be expended and except during fiscal year
2014 only when no more than $38,000,000 may be expended,
and Rail Freight Services.
Beginning with fiscal year 1982 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement: Department of Central
Management Services, except for awards made by the Illinois
Workers' Compensation Commission under the terms of the
Workers' Compensation Act or Workers' Occupational Diseases
Act for injury or death of an employee of the Division of
Highways in the Department of Transportation.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon

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appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Department of State Police, except not more than 40%
of the funds appropriated for the Division of Operations;
2. State Officers.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to any Department or agency
of State government for administration, grants, or operations
except as provided hereafter; but this limitation is not a
restriction upon appropriating for those purposes any Road Fund
monies that are eligible for federal reimbursement. It shall
not be lawful to circumvent the above appropriation limitations
by governmental reorganization or other methods.
Appropriations shall be made from the Road Fund only in
accordance with the provisions of this Section.
Money in the Road Fund shall, if and when the State of
Illinois incurs any bonded indebtedness for the construction of
permanent highways, be set aside and used for the purpose of
paying and discharging during each fiscal year the principal
and interest on that bonded indebtedness as it becomes due and
payable as provided in the Transportation Bond Act, and for no
other purpose. The surplus, if any, in the Road Fund after the
payment of principal and interest on that bonded indebtedness
then annually due shall be used as follows:
first -- to pay the cost of administration of Chapters
2 through 10 of the Illinois Vehicle Code; and

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secondly -- no Road Fund monies derived from fees,
excises, or license taxes relating to registration,
operation and use of vehicles on public highways or to
fuels used for the propulsion of those vehicles, shall be
appropriated or expended other than for costs of
administering the laws imposing those fees, excises, and
license taxes, statutory refunds and adjustments allowed
thereunder, administrative costs of the Department of
Transportation, including, but not limited to, the
operating expenses of the Department relating to the
administration of public transportation programs, payment
of debts and liabilities incurred in construction and
reconstruction of public highways and bridges, acquisition
of rights-of-way for and the cost of construction,
reconstruction, maintenance, repair, and operation of
public highways and bridges under the direction and
supervision of the State, political subdivision, or
municipality collecting those monies, or for the purpose of
making payments and transfers required by the public
private agreement developed under the Public Private
Agreements for the Illiana Expressway Act, or during fiscal
year 2012 only for the purposes of a grant not to exceed
$8,500,000 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses, or during fiscal year 2013 only for the purposes
of a grant not to exceed $3,825,000 to the Regional

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Transportation Authority on behalf of PACE for the purpose
of ADA/Para-transit expenses, or during fiscal year 2014
only for the purposes of a grant not to exceed $3,825,000
to the Regional Transportation Authority on behalf of PACE
for the purpose of ADA/Para-transit expenses, and the costs
for patrolling and policing the public highways (by State,
political subdivision, or municipality collecting that
money) for enforcement of traffic laws. The separation of
grades of such highways with railroads and costs associated
with protection of at-grade highway and railroad crossing
shall also be permissible.
Appropriations for any of such purposes are payable from
the Road Fund or the Grade Crossing Protection Fund as provided
in Section 8 of the Motor Fuel Tax Law.
Except as provided in this paragraph, beginning with fiscal
year 1991 and thereafter, no Road Fund monies shall be
appropriated to the Department of State Police for the purposes
of this Section in excess of its total fiscal year 1990 Road
Fund appropriations for those purposes unless otherwise
provided in Section 5g of this Act. For fiscal years 2003,
2004, 2005, 2006, and 2007 only, no Road Fund monies shall be
appropriated to the Department of State Police for the purposes
of this Section in excess of $97,310,000. For fiscal year 2008
only, no Road Fund monies shall be appropriated to the
Department of State Police for the purposes of this Section in
excess of $106,100,000. For fiscal year 2009 only, no Road Fund

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monies shall be appropriated to the Department of State Police
for the purposes of this Section in excess of $114,700,000.
Beginning in fiscal year 2010, no road fund moneys shall be
appropriated to the Department of State Police. It shall not be
lawful to circumvent this limitation on appropriations by
governmental reorganization or other methods unless otherwise
provided in Section 5g of this Act.
In fiscal year 1994, no Road Fund monies shall be
appropriated to the Secretary of State for the purposes of this
Section in excess of the total fiscal year 1991 Road Fund
appropriations to the Secretary of State for those purposes,
plus $9,800,000. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other method.
Beginning with fiscal year 1995 and thereafter, no Road
Fund monies shall be appropriated to the Secretary of State for
the purposes of this Section in excess of the total fiscal year
1994 Road Fund appropriations to the Secretary of State for
those purposes. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other methods.
Beginning with fiscal year 2000, total Road Fund
appropriations to the Secretary of State for the purposes of
this Section shall not exceed the amounts specified for the
following fiscal years:
Fiscal Year 2000 $80,500,000;

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Fiscal Year 2001 $80,500,000;
Fiscal Year 2002 $80,500,000;
Fiscal Year 2003 $130,500,000;
Fiscal Year 2004 $130,500,000;
Fiscal Year 2005 $130,500,000;
Fiscal Year 2006 $130,500,000;
Fiscal Year 2007 $130,500,000;
Fiscal Year 2008 $130,500,000;
Fiscal Year 2009 $130,500,000.
For fiscal year 2010, no road fund moneys shall be
appropriated to the Secretary of State.
Beginning in fiscal year 2011, moneys in the Road Fund
shall be appropriated to the Secretary of State for the
exclusive purpose of paying refunds due to overpayment of fees
related to Chapter 3 of the Illinois Vehicle Code unless
otherwise provided for by law.
It shall not be lawful to circumvent this limitation on
appropriations by governmental reorganization or other
methods.
No new program may be initiated in fiscal year 1991 and
thereafter that is not consistent with the limitations imposed
by this Section for fiscal year 1984 and thereafter, insofar as
appropriation of Road Fund monies is concerned.
Nothing in this Section prohibits transfers from the Road
Fund to the State Construction Account Fund under Section 5e of
this Act; nor to the General Revenue Fund, as authorized by

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this amendatory Act of the 93rd General Assembly; nor to the
Illiana Expressway Public Private Agreement Trust Fund, as
authorized by this amendatory act of the 98th General Assembly.
The additional amounts authorized for expenditure in this
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
shall be repaid to the Road Fund from the General Revenue Fund
in the next succeeding fiscal year that the General Revenue
Fund has a positive budgetary balance, as determined by
generally accepted accounting principles applicable to
government.
The additional amounts authorized for expenditure by the
Secretary of State and the Department of State Police in this
Section by this amendatory Act of the 94th General Assembly
shall be repaid to the Road Fund from the General Revenue Fund
in the next succeeding fiscal year that the General Revenue
Fund has a positive budgetary balance, as determined by
generally accepted accounting principles applicable to
government.
(Source: P.A. 97-72, eff. 7-1-11; 97-732, eff. 6-30-12; 98-24,
eff. 6-19-13.)
Section 10. The Public Private Agreements for the Illiana
Expressway Act is amended by changing Sections 20, 25, 40, and
47 and by adding Section 131 as follows:
(605 ILCS 130/20)

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Sec. 20. Procurement; request for proposals process.
(a) Notwithstanding any provision of law to the contrary,
the Department on behalf of the State shall select a contractor
through a competitive request for proposals process governed by
the Illinois Procurement Code and rules adopted under that Code
and this Act.
(b) The competitive request for proposals process shall, at
a minimum, solicit statements of qualification and proposals
from offerors.
(c) The competitive request for proposals process shall, at
a minimum, take into account the following criteria:
(1) The offeror's plans for the Illiana Expressway
project;
(2) The offeror's current and past business practices;
(3) The offeror's poor or inadequate past performance
in developing, financing, constructing, managing, or
operating highways or other public assets;
(4) The offeror's ability to meet and past performance
in meeting or exhausting good faith efforts to meet the
utilization goals for business enterprises established in
the Business Enterprise for Minorities, Females, and
Persons with Disabilities Act;
(5) The offeror's ability to comply with and past
performance in complying with Section 2-105 of the Illinois
Human Rights Act; and
(6) The offeror's plans to comply with the Business

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Enterprise for Minorities, Females, and Persons with
Disabilities Act and Section 2-105 of the Illinois Human
Rights Act.
(d) The Department shall retain the services of an advisor
or advisors with significant experience in the development,
financing, construction, management, or operation of public
assets to assist in the preparation of the request for
proposals.
(e) The Department shall not include terms in the request
for proposals that provide an advantage, whether directly or
indirectly, to any contractor presently providing goods,
services, or equipment to the Department.
(f) The Department shall select at least 2 offerors as
finalists. The Department shall submit all the offerors'
statements of qualification and proposals to the Commission on
Government Forecasting and Accountability and the Procurement
Policy Board, which shall, within 30 days of the submission,
complete a review of the statements of qualification and
proposals and, jointly or separately, report on, at a minimum,
the satisfaction of the criteria contained in the request for
proposals, the qualifications of the offerors, and the value of
the proposals to the State. The Department shall not select an
offeror as the contractor for the Illiana Expressway project
until it has received and considered the findings of the
Commission on Government Forecasting and Accountability and
the Procurement Policy Board as set forth in their respective

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reports.
(g) Before awarding a public private agreement to an
offeror, the Department shall schedule and hold a public
hearing or hearings on the proposed public private agreement
and publish notice of the hearing or hearings at least 7 days
before the hearing and in accordance with Section 4-219 of the
Illinois Highway Code. The notice must include the following:
(1) the date, time, and place of the hearing and the
address of the Department;
(2) the subject matter of the hearing;
(3) a description of the agreement that may be awarded;
and
(4) the recommendation that has been made to select an
offeror as the contractor for the Illiana Expressway
project.
At the hearing, the Department shall allow the public to be
heard on the subject of the hearing.
(h) After the procedures required in this Section have been
completed, the Department shall make a determination as to
whether the offeror should be designated as the contractor for
the Illiana Expressway project and shall submit the decision to
the Governor and to the Governor's Office of Management and
Budget. After review of the Department's determination, the
Governor may accept or reject the determination. If the
Governor accepts the determination of the Department, the
Governor shall designate the offeror for the Illiana Expressway

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project.
(Source: P.A. 96-913, eff. 6-9-10.)
(605 ILCS 130/25)
(Text of Section before amendment by P.A. 98-595)
Sec. 25. Provisions of the public private agreement.
(a) The public private agreement shall include all of the
following:
(1) The term of the public private agreement that is
consistent with Section 15 of this Act;
(2) The powers, duties, responsibilities, obligations,
and functions of the Department and the contractor;
(3) Compensation or payments to the Department, if
applicable;
(4) Compensation or payments to the contractor;
(5) 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

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decisions by the contractor at any time;
(6) A provision imposing an affirmative duty on the
contractor to provide the Department with any information
the contractor reasonably believes the Department would
want to know or would need to know to enable the Department
to exercise its powers, carry out its duties,
responsibilities, and obligations, and perform its
functions under this Act or the public private agreement or
as otherwise required by law;
(7) A provision requiring the contractor to provide the
Department with advance notice of any decision that bears
significantly on the public interest so the Department has
a reasonable opportunity to evaluate and countermand that
decision pursuant to this Section;
(8) A requirement that the Department monitor and
oversee the contractor's practices and take action that the
Department considers appropriate to ensure that the
contractor is in compliance with the terms of the public
private agreement;
(9) The authority of the Department to enter into
contracts with third parties pursuant to Section 50 of this
Act;
(10) A provision governing the contractor's authority
to negotiate and execute subcontracts with third parties;
(10.5) A provision stating that, in the event the
contractor finds it necessary, proper, or desirable to

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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;
(11) The authority of the contractor to impose user
fees and the amounts of those fees, including the authority
of the contractor to use congestion pricing, pursuant to
which higher tolls rates are imposed during times or in
locations of increased congestion;
(12) A provision governing the deposit and allocation
of revenues including user fees;
(13) A provision governing rights to real and personal
property of the State, the Department, the contractor, and
other third parties;
(14) A provision stating that the contractor must,
pursuant to Section 75 of this Act, finance an independent
audit if the construction costs under the contract exceed
$50,000,000;
(15) A provision regarding the implementation and
delivery of a comprehensive system of internal audits;
(16) A provision regarding the implementation and
delivery of reports, which must include a requirement that
the contractor file with the Department, at least on an
annual basis, financial statements containing information
required by generally accepted accounting principles
(GAAP);

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(17) Procedural requirements for obtaining the prior
approval of the Department when rights that are the subject
of the agreement, including but not limited to development
rights, construction rights, property rights, and rights
to certain revenues, are sold, assigned, transferred, or
pledged as collateral to secure financing or for any other
reason;
(18) Grounds for termination of the agreement by the
Department or the contractor and a restatement of the
Department's rights under Section 35 of this Act;
(19) A requirement that the contractor enter into a
project labor agreement pursuant to Section 100 of this
Act;
(19.5) A provision stating that construction
contractors shall comply with the requirements of Section
30-22 of the Illinois Procurement Code pursuant to Section
100 of this Act;
(20) Timelines, deadlines, and scheduling;
(21) Review of plans, including development,
financing, construction, management, or operations plans,
by the Department;
(22) Inspections by the Department, including
inspections of construction work and improvements;
(23) Rights and remedies of the Department in the event
that the contractor defaults or otherwise fails to comply
with the terms of the agreement;

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(24) A code of ethics for the contractor's officers and
employees; and
(25) Procedures for amendment to the agreement.
(b) The public private agreement may include any or all of
the following:
(1) A provision regarding the extension of the
agreement that is consistent with Section 15 of this Act;
(2) Cash reserves requirements;
(3) Delivery of performance and payment bonds or other
performance security in a form and amount that is
satisfactory to the Department;
(4) Maintenance of public liability insurance;
(5) Maintenance of self-insurance;
(6) Provisions governing grants and loans, pursuant to
which the Department may agree to make grants or loans for
the development, financing, construction, management, or
operation of the Illiana Expressway project from time to
time from amounts received from the federal government or
any agency or instrumentality of the federal government or
from any State or local agency;
(7) Reimbursements to the Department for work
performed and goods, services, and equipment provided by
the Department; and
(8) All other terms, conditions, and provisions
acceptable to the Department that the Department deems
necessary and proper and in the public interest.

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(Source: P.A. 96-913, eff. 6-9-10; 97-808, eff. 7-13-12.)
(Text of Section after amendment by P.A. 98-595)
Sec. 25. Provisions of the public private agreement.
(a) The public private agreement shall include all of the
following:
(1) The term of the public private agreement that is
consistent with Section 15 of this Act;
(2) The powers, duties, responsibilities, obligations,
and functions of the Department and the contractor;
(3) Compensation or payments to the Department, if
applicable;
(4) Compensation or payments to the contractor;
(5) 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;
(6) A provision imposing an affirmative duty on the

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contractor to provide the Department with any information
the contractor reasonably believes the Department would
want to know or would need to know to enable the Department
to exercise its powers, carry out its duties,
responsibilities, and obligations, and perform its
functions under this Act or the public private agreement or
as otherwise required by law;
(7) A provision requiring the contractor to provide the
Department with advance notice of any decision that bears
significantly on the public interest so the Department has
a reasonable opportunity to evaluate and countermand that
decision pursuant to this Section;
(8) A requirement that the Department monitor and
oversee the contractor's practices and take action that the
Department considers appropriate to ensure that the
contractor is in compliance with the terms of the public
private agreement;
(9) The authority of the Department to enter into
contracts with third parties pursuant to Section 50 of this
Act;
(10) A provision governing the contractor's authority
to negotiate and execute subcontracts with third parties;
(10.5) A provision stating that, in the event that the
contractor does not have a subcontract with a design-build
entity in effect at the time of execution of the
public-private agreement by the Department, the contractor

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must follow a selection process that is, to the greatest
extent possible, identical to the selection process
contained in the Design-Build Procurement Act;
(11) The authority of the contractor to impose user
fees and the amounts of those fees, including the authority
of the contractor to use congestion pricing, pursuant to
which higher tolls rates are imposed during times or in
locations of increased congestion;
(12) A provision governing the deposit and allocation
of revenues including user fees;
(13) A provision governing rights to real and personal
property of the State, the Department, the contractor, and
other third parties;
(14) A provision stating that the contractor must,
pursuant to Section 75 of this Act, finance an independent
audit if the construction costs under the contract exceed
$50,000,000;
(15) A provision regarding the implementation and
delivery of a comprehensive system of internal audits;
(16) A provision regarding the implementation and
delivery of reports, which must include a requirement that
the contractor file with the Department, at least on an
annual basis, financial statements containing information
required by generally accepted accounting principles
(GAAP);
(17) Procedural requirements for obtaining the prior

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approval of the Department when rights that are the subject
of the agreement, including but not limited to development
rights, construction rights, property rights, and rights
to certain revenues, are sold, assigned, transferred, or
pledged as collateral to secure financing or for any other
reason;
(18) Grounds for termination of the agreement by the
Department or the contractor and a restatement of the
Department's rights under Section 35 of this Act;
(19) A requirement that the contractor enter into a
project labor agreement pursuant to Section 100 of this
Act;
(19.5) A provision stating that construction
contractors shall comply with the requirements of Section
30-22 of the Illinois Procurement Code pursuant to Section
100 of this Act;
(20) Timelines, deadlines, and scheduling;
(21) Review of plans, including development,
financing, construction, management, or operations plans,
by the Department;
(22) Inspections by the Department, including
inspections of construction work and improvements;
(23) Rights and remedies of the Department in the event
that the contractor defaults or otherwise fails to comply
with the terms of the agreement;
(24) A code of ethics for the contractor's officers and

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employees; and
(25) Procedures for amendment to the agreement.
(b) The public private agreement may include any or all of
the following:
(1) A provision regarding the extension of the
agreement that is consistent with Section 15 of this Act;
(2) Cash reserves requirements;
(3) Delivery of performance and payment bonds or other
performance security in a form and amount that is
satisfactory to the Department;
(4) Maintenance of public liability insurance;
(5) Maintenance of self-insurance;
(6) Provisions governing grants and loans, pursuant to
which the Department may agree to make grants or loans for
the development, financing, construction, management, or
operation of the Illiana Expressway project from time to
time from amounts received from the federal government or
any agency or instrumentality of the federal government or
from any State or local agency;
(7) Reimbursements to the Department for work
performed and goods, services, and equipment provided by
the Department; and
(8) All other terms, conditions, and provisions
acceptable to the Department that the Department deems
necessary and proper and in the public interest.
(c) The public private agreement shall contain a

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conspicuous statement to the following effect: (i) neither the
State, the Department, or any other State agency, political
corporation, or political subdivision of the State, is
obligated to make payments under the public private agreement
except as provided by this Act and by Sections 6z-100 and 8.3
of the State Finance Act; and (ii) neither the faith and credit
of the State, the Department, or any other State agency,
political corporation, or political subdivision of the State is
pledged to any of the payments required under the public
private agreement.
(Source: P.A. 97-808, eff. 7-13-12; 98-595, eff. 6-1-14.)
(605 ILCS 130/40)
Sec. 40. Public private agreement proceeds; deposit of user
fees. After the payment of all transaction costs, including
payments for legal, accounting, financial, consultation, and
other professional services, all moneys received by the State
as compensation for the public private agreement shall be
deposited into the Illiana Expressway Proceeds Fund, which is
hereby created as a special fund in the State treasury. In
addition, all user fees shall be deposited into the Illiana
Expressway Proceeds Fund. Expenditures may be made from the
Fund only in the manner as appropriated by the General Assembly
by law.
(Source: P.A. 96-913, eff. 6-9-10.)

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(605 ILCS 130/47)
Sec. 47. Selection of professional design firms.
Notwithstanding any provision of law to the contrary, the
selection of professional design firms by the Department or the
contractor shall comply with the Architectural, Engineering,
and Land Surveying Qualifications Based Selection Act.
(Source: P.A. 96-913, eff. 6-9-10.)
(605 ILCS 130/131 new)
Sec. 131. Binding dispute resolution.
(a) The Department may include in the public private
agreement a provision authorizing a binding dispute resolution
process consistent with the Uniform Arbitration Act for any
claim or controversy subsequently arising out of the public
private agreement and the Department may agree to be bound by
this binding dispute resolution process.
(b) Any award against the Department made under the binding
dispute resolution process shall be paid only upon
appropriation by the General Assembly.
(c) The Court of Claims has no jurisdiction concerning any
claims or controversy arising under the public private
agreement that are the subject of the binding dispute
resolution process described in subsection (a) of this Section.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text

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that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 999. Effective date. This Act takes effect upon
becoming law.".