Full Text of HB0476 94th General Assembly
HB0476ham001 94TH GENERAL ASSEMBLY
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State Government Administration Committee
Filed: 3/2/2005
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09400HB0476ham001 |
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LRB094 07471 RCE 42746 a |
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| AMENDMENT TO HOUSE BILL 476
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| AMENDMENT NO. ______. Amend House Bill 476 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The
Illinois Procurement Code is amended by | 5 |
| changing Section
53-10 as follows:
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| (30 ILCS 500/53-10)
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| Sec. 53-10. Concessions and leases of State property.
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| (a) Except for property under the jurisdiction of a public | 9 |
| institution of
higher education, concessions, including the | 10 |
| assignment, license, sale, or
transfer of
interests in or | 11 |
| rights to discoveries, inventions, patents, or copyrightable
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| works, may be entered into by the State agency with | 13 |
| jurisdiction over the
property, whether tangible or | 14 |
| intangible. Licenses of naming rights and
sponsorship rights, | 15 |
| as those
terms are defined and used in Section 7.6 of the State | 16 |
| Property Control Act,
are
not concessions and are not subject | 17 |
| to this Code except to the extent provided
in that Section 7.6.
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| (b) Except for property under the jurisdiction of a public | 19 |
| institution of
higher education, all concessions shall be | 20 |
| reduced to writing and shall be
awarded under
the provisions of | 21 |
| Article 20, except that the contract shall be awarded to the
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| highest and best bidder or offeror.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
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LRB094 07471 RCE 42746 a |
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| Section 10. The State
Property Control Act is amended by | 2 |
| adding Section 7.6
as follows:
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| (30 ILCS 605/7.6 new)
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| Sec. 7.6. Naming and sponsorship rights; licenses.
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| (a) Administrator's authority. Notwithstanding any other | 6 |
| provision of this
Act or any other law to the contrary, the | 7 |
| administrator is authorized to
license naming rights and | 8 |
| sponsorship rights only as provided in this Section.
Naming | 9 |
| rights and sponsorship rights regarding any property or other | 10 |
| asset of the
State, whether
real, personal, tangible, or | 11 |
| intangible, may not be sold, conveyed, leased,
licensed, or | 12 |
| otherwise granted by the administrator or by any other officer,
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| employee, or agent of
the State on or after the effective date | 14 |
| of this amendatory Act of the 94th General Assembly unless | 15 |
| authorized in this Section.
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| (b) Excepted properties. Naming rights and sponsorship | 17 |
| rights may not be
licensed with respect to any of the | 18 |
| following:
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| (1) the State Capitol Building in Springfield, | 20 |
| Illinois;
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| (2) the Old State Capitol Building in Springfield, | 22 |
| Illinois;
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| (3) the Vandalia State House in Vandalia, Illinois;
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| (4) the Executive Mansion in Springfield, Illinois;
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| (5) the Executive Mansion, also known as the Hayes | 26 |
| House, in Du Quoin,
Illinois;
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| (6) the Abraham Lincoln Home in Springfield, Illinois, | 28 |
| if it becomes State
real property not under the | 29 |
| jurisdiction of the federal government;
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| (7) the Lincoln Tomb in Springfield, Illinois;
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| (8) the Abraham Lincoln Presidential Library and | 32 |
| Museum in
Springfield, Illinois;
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| (9) all present and future Abraham Lincoln sites not |
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LRB094 07471 RCE 42746 a |
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| otherwise listed;
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| (10) all Illinois homes of all past, present, or future | 3 |
| United States
Presidents who have resided, currently | 4 |
| reside, or in the future will reside in
the State of | 5 |
| Illinois;
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| (11) the burial sites of all past, present, or future | 7 |
| United States
Presidents;
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| (12) any State property or other asset under the | 9 |
| jurisdiction and control of an
executive
branch | 10 |
| constitutional officer other than the Governor, unless | 11 |
| that other
executive branch constitutional officer | 12 |
| consents in writing;
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| (13) any State property or other asset under the | 14 |
| jurisdiction and control of the
legislative branch, unless | 15 |
| the Joint Committee on Legislative Support Services
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| consents in writing;
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| (14) any State property or other asset under the | 18 |
| jurisdiction and control of the
judicial
branch, unless the | 19 |
| Supreme Court consents in writing;
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| (15) any State property or other asset under the | 21 |
| jurisdiction and control of a public institution of higher | 22 |
| education, as defined in Section 1 of the Board of Higher | 23 |
| Education Act, unless the applicable institution consents | 24 |
| in writing; that consent may designate a particular fund or | 25 |
| account of the institution into which fees under the | 26 |
| license shall be deposited;
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| (16) any State property or other asset identified or | 28 |
| named for a specific
individual by Joint Resolution of the | 29 |
| General Assembly or by statute as of the
effective
date of | 30 |
| this Section or later; and
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| (17) any other State property or asset that on the | 32 |
| effective date of this
Section or later is designated a | 33 |
| National Historic Landmark, listed as a State
Historic
Site | 34 |
| under Section 6 of the Historic Preservation Agency Act, or |
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LRB094 07471 RCE 42746 a |
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| listed on
either the
Illinois Register of Historic Places | 2 |
| or the National Register of Historic
Places, unless the | 3 |
| State property is a university sports stadium and the | 4 |
| federal or State agency that made the designation has the | 5 |
| authority to consent and does consent in writing.
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| (c) Terms and conditions of licenses. A license of naming | 7 |
| rights or
sponsorship rights may have a
term of no
more than 5 | 8 |
| years, is non-transferable, and is non-renewable (at the end of | 9 |
| a
term of a license, however, the licensee is eligible to | 10 |
| compete for a new
license as
provided in subsection (d)). The | 11 |
| licensee
shall have the
authority to place signs, placards, | 12 |
| imprints, or other identifying information only on the | 13 |
| properties or other assets specified
in the license and
only | 14 |
| during the term of the license. The signs, placards, imprints, | 15 |
| or other identifying information may contain nothing
other than | 16 |
| the
name of the licensee, the licensee's logo, or both, except | 17 |
| that with the
written approval of the administrator they may | 18 |
| contain other material. The
license may, but need
not, require | 19 |
| the State
to refer to a property or other asset by the name of | 20 |
| the licensee during the term
of the license, all within | 21 |
| reasonable limitations and other than in statutes,
rules, and | 22 |
| existing supplies of forms and other documents. If a
licensee | 23 |
| materially breaches any term of a license and the Executive | 24 |
| Ethics
Commission recommends that the license be revoked, then | 25 |
| the administrator may
declare the license
revoked. At least 25% | 26 |
| of the total amount of license fees must be paid prior to the | 27 |
| commencement of the term of
the license. Any balance shall be | 28 |
| paid on a periodic schedule agreed to by the administrator. All | 29 |
| fees are
non-refundable and shall be deposited into the General | 30 |
| Revenue Fund, except that if a fund or account of a public | 31 |
| institution of higher education has been designated in a | 32 |
| consent given by that institution, fees under the applicable | 33 |
| license shall be deposited into the designated fund or account.
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| (d) Competitive negotiation. A license of naming rights or
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| sponsorship rights may be granted only on the basis of the | 2 |
| highest and best
competitively negotiated proposals that yield | 3 |
| the most advantageous benefits and considerations to the State. | 4 |
| The administrator shall give notice that
the administrator will | 5 |
| accept proposals for the licensing of naming rights or
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| sponsorship rights with respect to specified properties or | 7 |
| other assets by
publication in the Illinois Procurement | 8 |
| Bulletin not less than 7 business days before
the day upon | 9 |
| which proposals will be accepted. The administrator shall give | 10 |
| such other notice
as the administrator deems appropriate. | 11 |
| Proposals shall not be sealed and
shall be part of the public | 12 |
| record. The administrator shall conduct open,
competitive | 13 |
| negotiations with those who have submitted proposals in order
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| to obtain the highest and best competitively negotiated | 15 |
| proposals that yield the most advantageous benefits and | 16 |
| considerations to the State. If a
proposal satisfactory to the | 17 |
| administrator is not negotiated, the administrator
may give | 18 |
| notice as provided in this subsection and accept additional
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| proposals.
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| Subject to the provisions of this Section, the
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| administrator shall have all power necessary to grant the | 22 |
| license and enter
into any agreements
and execute any documents | 23 |
| necessary to exercise the authority granted by this
Section. | 24 |
| The
administrator shall have authority to order such surveys, | 25 |
| abstracts of title,
or commitments for
title insurance as may, | 26 |
| in the administrator's reasonable discretion, be deemed
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| necessary to demonstrate
good and marketable title to the | 28 |
| naming rights or sponsorship rights.
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| (e) Qualification of proposers and licensees. An | 30 |
| individual or entity that
wishes to submit a proposal must be | 31 |
| prequalified by the
administrator.
Neither the name, logo, | 32 |
| products, services, nor business relationships of the
proposer | 33 |
| shall be such
as to bring disrepute upon the State if | 34 |
| associated with any State property or
other asset. To
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LRB094 07471 RCE 42746 a |
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| prequalify, a proposer
must satisfy the administrator that the | 2 |
| proposer meets all of the ethics
requirements applicable to
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| contractors and bidders and to their officers, agents, and | 4 |
| employees under
Sections 50-5 (bribery),
50-10 (felons), 50-11 | 5 |
| (debt delinquency), 50-13 (conflicts of interest), 50-25
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| (inducement), 50-30
(revolving door), 50-35 (disclosure), | 7 |
| 50-40 (anticompetitive practices), 50-50
(insider
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| information), 50-65 (suspension), and 50-70 (additional | 9 |
| provisions) of the
Illinois Procurement
Code.
Each license | 10 |
| granted under this Section is deemed to contain a provision | 11 |
| that
it is a
material breach of the license if the licensee | 12 |
| becomes ineligible to be
prequalified or
otherwise becomes | 13 |
| disqualified under this subsection.
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| (f) Approval by Executive Ethics Commission. Upon | 15 |
| determining highest and best proposals, the
administrator must
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| deliver a written notice setting forth all of the pertinent | 17 |
| facts relating to
proposals, proposers, and proposed licenses | 18 |
| to the Executive Ethics Commission. A license shall not be | 19 |
| granted unless approved in advance by the Commission. If the
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| administrator
proposes to amend an existing license, the | 21 |
| administrator must deliver notice of
the proposed amendment to
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| the Commission, and the amendment shall not be made unless | 23 |
| approved in advance by the Commission. The Commission's review | 24 |
| shall be based solely on ethical and ethics related standards | 25 |
| imposed by the law and on avoiding the appearance of | 26 |
| impropriety. The Commission shall act with reasonable | 27 |
| promptness in approving or disapproving proposals. The | 28 |
| Commission's approval shall not be unreasonably withheld.
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| (g) Rules. The administrator and the Executive Ethics | 30 |
| Commission may each,
separately, adopt rules to implement their | 31 |
| several functions under this
Section. The rules may
not, | 32 |
| however, waive or provide for the waiver of any of the | 33 |
| requirements of
this Section.
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| (h) Donations. If one or more natural persons, as such, |
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| make a gift, bequest, or devise with a fair market value in | 2 |
| excess of $5,000,000 of land or that is used to acquire land, | 3 |
| construct a new building, or both, then, at the request of the | 4 |
| State officer or agency with jurisdiction and control of the | 5 |
| land, building, or both and with the approval of the Executive | 6 |
| Ethics Commission as provided in subsection (f), the | 7 |
| administrator may grant a license under this Section that is | 8 |
| (i) for a term in excess of 5 years, renewable, or both, (ii) | 9 |
| with minimal or no consideration, and (iii) without competitive | 10 |
| negotiation under subsection (d).
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| (i) Blind vendors. The provisions of this Section are | 12 |
| subject to, and do not supersede, any of the provisions of the | 13 |
| Blind Persons Operating Vending Facilities Act, any other State | 14 |
| or federal law granting preference to blind persons, or any | 15 |
| rules or regulations adopted pursuant to any of those laws.
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| (j) Definitions. In this Section:
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| "Naming rights" means the right to associate the name
or | 18 |
| identifying mark of any person or entity with the name or | 19 |
| identity of any
State property or other asset.
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| "Sponsorship rights" means the right
to associate the name | 21 |
| or identifying mark of any person or entity
with
any State | 22 |
| program or event
on the
grounds of, in, or with respect to any | 23 |
| State property or other asset.
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| (k) This Section shall be construed to ensure that all | 25 |
| naming and sponsorship rights are strictly controlled under the | 26 |
| terms of this Section.
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| (l) Severability. The provisions of this Section are | 28 |
| severable under Section
1.31 of the
Statute on Statutes.
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| Section 99. Effective date. This Act takes effect September | 30 |
| 1, 2005.".
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