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HB0476 Engrossed |
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LRB094 07471 RCE 37634 b |
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| AN ACT concerning ethics.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The
Illinois Procurement Code is amended by |
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| 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 |
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| institution of
higher education, concessions, including the |
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| assignment, license, sale, or
transfer of
interests in or |
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| rights to discoveries, inventions, patents, or copyrightable
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| works, may be entered into by the State agency with |
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| jurisdiction over the
property, whether tangible or |
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| intangible. Licenses of naming rights and
sponsorship rights, |
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| as those
terms are defined and used in Section 7.6 of the State |
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| Property Control Act,
are
not concessions and are subject to |
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| that Section 7.6.
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| (b) Except for property under the jurisdiction of a public |
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| institution of
higher education, all concessions shall be |
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| reduced to writing and shall be
awarded under
the provisions of |
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| 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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| Section 10. The State
Property Control Act is amended by |
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| 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. The administrator, as |
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| defined in this Section, is authorized to
license naming rights |
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| and sponsorship rights only as provided in this Section.
Naming |
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HB0476 Engrossed |
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LRB094 07471 RCE 37634 b |
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| rights and sponsorship rights regarding any property or other |
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| asset of the
State to which this Section applies, whether
real, |
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| personal, tangible, or intangible, may not be sold, conveyed, |
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| leased,
licensed, or otherwise granted by the administrator or |
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| by any other officer,
employee, or agent of
the State except as |
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| provided in this Section. Naming and sponsorship rights are |
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| subject to all other applicable statutes that are not |
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| inconsistent with the provisions of this Section; to the extent |
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| of any conflict, however, this Section controls.
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| (b) Certain properties and other assets; no license. Naming |
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| rights and sponsorship rights may not be
licensed with respect |
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| to (i) any of the following or (ii) any property or other asset |
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| associated with any of the following:
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| (1) the State Capitol Building in Springfield, |
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| Illinois;
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| (2) the Old State Capitol Building in Springfield, |
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| 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 |
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| House, in Du Quoin,
Illinois;
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| (6) the Abraham Lincoln Home in Springfield, Illinois, |
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| if it becomes State
real property not under the |
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| 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 |
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| Museum in
Springfield, Illinois;
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| (9) all present and future Abraham Lincoln sites not |
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| otherwise listed;
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| (10) all Illinois homes of all past, present, or future |
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| United States
Presidents who have resided, currently |
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| reside, or in the future will reside in
the State of |
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| Illinois;
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| (11) the burial sites of all past, present, or future |
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| United States
Presidents;
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| (12) the Illinois State Museum in Springfield, |
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HB0476 Engrossed |
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LRB094 07471 RCE 37634 b |
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| Illinois;
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| (13) any State property or other asset identified or |
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| named for a specific
individual by Joint Resolution of the |
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| General Assembly or by statute as of the
effective
date of |
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| this Section or later; and
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| (14) any other State property or asset that on the |
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| effective date of this
Section or later is designated a |
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| National Historic Landmark, listed as a State
Historic
Site |
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| under Section 6 of the Historic Preservation Agency Act, or |
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| listed on
either the
Illinois Register of Historic Places |
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| or the National Register of Historic
Places, unless the |
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| State property is a university sports stadium and the |
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| federal or State agency that made the designation has the |
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| authority to consent and does consent in writing.
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| (c) Terms and conditions of licenses. A license of naming |
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| rights or
sponsorship rights (i) may have a
term of no
more |
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| than 10 years and shall include a termination option in favor |
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| of the State after 5 years, (ii) is non-transferable, and (iii) |
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| is non-renewable (at the end of a
term of a license, however, |
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| the licensee is eligible to compete for a new
license as
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| provided in subsection (d)). The licensee
shall have the
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| authority to place signs, placards, imprints, or other |
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| identifying information only on the properties or other assets |
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| specified
in the license and
only during the term of the |
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| license. The signs, placards, imprints, or other identifying |
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| information may contain nothing
other than the
name of the |
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| licensee, the licensee's logo, or both, except that with the
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| written approval of the administrator they may contain other |
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| authorized material. The
license may, but need
not, require the |
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| State
to refer to a property or other asset by the name of the |
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| licensee during the term
of the license, all within reasonable |
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| limitations and other than in statutes,
rules, and existing |
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| supplies of forms and other documents. Except with respect to |
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| property or other assets of a public institution of higher |
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| education, no naming or sponsorship right, however, may be |
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| characterized or treated as "official" or in a similar fashion. |
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HB0476 Engrossed |
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LRB094 07471 RCE 37634 b |
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| If a
licensee materially breaches any term of a license and the |
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| Executive Ethics
Commission recommends that the license be |
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| revoked, then the administrator may
declare the license
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| revoked. At least 25% of the total amount of license fees must |
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| be paid prior to the commencement of the term of
the license. |
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| Any balance shall be paid on a periodic schedule agreed to by |
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| the administrator. All fees are
non-refundable. Fees shall be |
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| deposited into the General Revenue Fund, except that, if a fund |
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| or account has been designated in a license granted by an |
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| administrator designated by the Attorney General, the |
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| Secretary of State, the Comptroller, the Treasurer, or a public |
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| institution of higher education, then fees under the applicable |
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| 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 |
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| highest and best
competitively negotiated proposal that yields |
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| the most advantageous benefits and considerations to the State. |
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| The administrator shall give notice that
the administrator will |
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| accept proposals for the licensing of naming rights or
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| sponsorship rights with respect to any one or more specified |
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| properties or other assets by
publication in the Illinois |
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| Procurement Bulletin not less than 7 business days before
the |
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| day upon which proposals will be accepted. The administrator |
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| shall give such other notice
as the administrator deems |
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| appropriate. Proposals shall not be sealed and
shall be part of |
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| the public record. The administrator shall conduct open,
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| competitive negotiations with those who have submitted |
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| proposals in order
to obtain the highest and best competitively |
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| negotiated proposal that yields the most advantageous benefits |
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| and considerations to the State. The administrator may give |
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| notice of and negotiate multiple licenses for identical naming |
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| or sponsorship rights as part of a single notice, negotiation, |
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| and licensing process. In the case of naming or sponsorship |
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| rights for a single event or a continuous series of related |
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| events, the administrator may grant multiple licenses not based |
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| on the standard of "highest and best" proposals if the end |
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HB0476 Engrossed |
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LRB094 07471 RCE 37634 b |
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| result is the most beneficial to the State. If a
proposal |
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| satisfactory to the administrator is not negotiated, the |
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| administrator
may give notice as provided in this subsection |
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| and accept additional
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 |
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| license and enter
into any agreements
and execute any documents |
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| necessary to exercise the authority granted by this
Section. |
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| The
administrator shall have authority to order such surveys, |
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| abstracts of title,
or commitments for
title insurance as may, |
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| in the administrator's reasonable discretion, be deemed
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| necessary to demonstrate
good and marketable title to the |
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| naming rights or sponsorship rights.
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| (e) Personal gifts. If one or more natural persons, as |
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| such, make a gift, bequest, or devise to a State officer or |
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| entity to which this Section applies and that does not result |
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| in any pecuniary benefit (other than a tax benefit) to the |
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| person or persons, then, at the request of the administrator |
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| and with the approval of the Executive Ethics Commission in the |
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| same manner as provided in subsection (f), the administrator |
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| may grant naming rights, sponsorship rights, or both, so long |
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| as the rights are of no pecuniary benefit to the person or |
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| persons, subject only to the limitations in subsection (c) on |
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| identifying information and characterization as "official" or |
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| in a similar fashion. The sole purpose of the gift, bequest, or |
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| devise must be to assist the recipient in fulfilling the |
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| recipient's core mission or purpose.
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| (f) Approval by Executive Ethics Commission. Upon |
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| determining to grant a license, the
administrator must, within |
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| 15 calendar days,
deliver a written notice setting forth all of |
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| the pertinent facts relating to
the proposal, proposer, and |
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| proposed license to the Executive Ethics Commission. A license |
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| shall not be granted unless approved in advance by the |
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| Commission. If the
administrator
proposes to amend an existing |
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| license, the administrator must deliver notice of
the proposed |
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| amendment to
the Commission within 15 calendar days, and the |
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HB0476 Engrossed |
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LRB094 07471 RCE 37634 b |
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| amendment shall not be made unless approved in advance by the |
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| Commission. The Commission's review shall be based solely on |
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| ethical and ethics related standards imposed by the law and on |
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| avoiding the appearance of impropriety. The Commission's |
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| approval shall not be unreasonably withheld.
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| Within 40 calendar days after its actual receipt from the |
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| administrator of notice of a proposed license or amendment to a |
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| license, the Commission shall either approve or disapprove the |
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| proposed license or amendment and shall notify the |
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| administrator and other parties to the proposed license or |
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| amendment of its decision. The Commission may, in its |
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| discretion and before the running of the time period in which |
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| it must make a decision, grant itself one extension of up to an |
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| additional 40 calendar days in which to make a decision by |
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| notifying the administrator and other parties to the proposed |
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| license or amendment. If the Commission requests additional or |
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| supplemental information from the administrator or a party to |
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| the proposed license or amendment, the running of the time |
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| limit in which the Commission must make its decision is |
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| suspended, and the 40-day period begins anew when the |
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| information is delivered to the Commission. If the Commission |
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| fails to render a decision within the applicable time period, |
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| the proposed license or amendment is deemed approved.
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| (g) Rules. Each administrator and the Executive Ethics |
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| Commission may,
separately, adopt rules to implement their |
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| several functions under this
Section. The rules may
not, |
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| however, waive or provide for the waiver of any of the |
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| requirements of
this Section except as provided in this |
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| subsection. The Executive Ethics Commission may adopt rules |
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| authorizing the administrator to grant licenses without |
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| pre-approval under subsection (f), but the rules must specify, |
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| by category, those emergency and other extenuating situations |
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| in which pre-approval is waived, must provide for prompt review |
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| by the Commission after the granting of the license, and may |
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| contain other provisions the Commission deems necessary to |
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| prevent abuse of this procedure.
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HB0476 Engrossed |
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LRB094 07471 RCE 37634 b |
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| (h) Blind vendors. The provisions of this Section are |
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| subject to, and do not supersede, any of the provisions of the |
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| Blind Persons Operating Vending Facilities Act, any other State |
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| or federal law granting preference to blind persons, or any |
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| rules or regulations adopted pursuant to any of those laws.
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| (i) Small consideration. If the value of the consideration |
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| for an individual naming or sponsorship right does not exceed |
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| $25,000, the administrator may grant the right, subject only to |
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| the limitations in subsection (c) on identifying information |
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| and characterization as "official" or in a similar fashion, but |
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| the administrator must deliver a written notice giving the |
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| details to the Executive Ethics Commission at least one full |
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| business day before the administrator agrees to grant the |
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| right. Naming or sponsorship rights shall not be artificially |
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| divided in an attempt to qualify under this subsection.
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| (j) Applicability. This Section does not apply to naming |
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| rights and sponsorship rights with respect to property or other |
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| assets under the jurisdiction and control of the legislative |
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| branch or the judicial branch of the State. This Section |
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| applies to all naming rights and sponsorship rights granted |
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| with respect to the State Fair, as defined in Section 2 of the |
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| State Fair Act, on or after January 1, 2006. This Section |
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| applies to all other naming rights and sponsorship rights |
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| granted on or after the effective date of this amendatory Act |
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| of the 94th General Assembly.
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| (k) Retention of records. The administrator must maintain |
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| all records relating to (i) each license of naming rights or |
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| sponsorship rights for at least 7 years after the expiration of |
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| the term of the license and (ii) each proposal for naming |
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| rights or sponsorship rights that does not result in a license |
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| being granted to the proposer for at least 7 years after the |
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| proposal was submitted.
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| (l) Definitions. In this Section:
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| Notwithstanding Section 1.03 of this Act, in this Section |
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| "administrator" means (i) an officer or employee designated by |
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| the Attorney General with respect to the property and other |
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HB0476 Engrossed |
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LRB094 07471 RCE 37634 b |
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| assets under the jurisdiction and control of the Attorney |
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| General; (ii) an officer or employee designated by the |
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| Secretary of State with respect to the property and other |
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| assets under the jurisdiction and control of the Secretary of |
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| State; (iii) an officer or employee designated by the |
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| Comptroller with respect to the property and other assets under |
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| the jurisdiction and control of the Comptroller; (iv) an |
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| officer or employee designated by the Treasurer with respect to |
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| the property and other assets under the jurisdiction and |
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| control of the Treasurer; (v) an officer or employee designated |
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| by the board of trustees of a public institution of higher |
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| education, as defined in Section 1 of the Board of Higher |
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| Education Act, with respect to the property and other assets |
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| under the jurisdiction and control of that public institution |
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| of higher education; and (vi) the Director of Central |
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| Management Services with respect to all other property and |
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| other assets to which this Section applies.
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| "Naming rights" means the right to associate the name
or |
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| identifying mark of any person or entity with the name or |
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| identity of any
State property or other asset.
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| "Sponsorship rights" means the right
to associate the name |
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| or identifying mark of any person or entity
with
any State |
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| program or event
on the
grounds of, in, or with respect to any |
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| State property or other asset.
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| (m) This Section shall be construed to ensure that all |
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| naming and sponsorship rights are strictly controlled under the |
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| terms of this Section.
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| (n) Severability. The provisions of this Section are |
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| severable under Section
1.31 of the
Statute on Statutes.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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