Full Text of HB0476 94th General Assembly
HB0476eng 94TH GENERAL ASSEMBLY
|
|
|
HB0476 Engrossed |
|
LRB094 07471 RCE 37634 b |
|
| 1 |
| AN ACT concerning ethics.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The
Illinois Procurement Code is amended by | 5 |
| changing Section
53-10 as follows:
| 6 |
| (30 ILCS 500/53-10)
| 7 |
| Sec. 53-10. Concessions and leases of State property.
| 8 |
| (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
| 12 |
| 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 subject to | 17 |
| that Section 7.6.
| 18 |
| (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
| 22 |
| highest and best bidder or offeror.
| 23 |
| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)
| 24 |
| Section 10. The State
Property Control Act is amended by | 25 |
| adding Section 7.6
as follows:
| 26 |
| (30 ILCS 605/7.6 new)
| 27 |
| Sec. 7.6. Naming and sponsorship rights; licenses.
| 28 |
| (a) Administrator's authority. The administrator, as | 29 |
| defined in this Section, is authorized to
license naming rights | 30 |
| and sponsorship rights only as provided in this Section.
Naming |
|
|
|
HB0476 Engrossed |
- 2 - |
LRB094 07471 RCE 37634 b |
|
| 1 |
| rights and sponsorship rights regarding any property or other | 2 |
| asset of the
State to which this Section applies, whether
real, | 3 |
| personal, tangible, or intangible, may not be sold, conveyed, | 4 |
| leased,
licensed, or otherwise granted by the administrator or | 5 |
| by any other officer,
employee, or agent of
the State except as | 6 |
| provided in this Section. Naming and sponsorship rights are | 7 |
| subject to all other applicable statutes that are not | 8 |
| inconsistent with the provisions of this Section; to the extent | 9 |
| of any conflict, however, this Section controls.
| 10 |
| (b) Certain properties and other assets; no license. Naming | 11 |
| rights and sponsorship rights may not be
licensed with respect | 12 |
| to (i) any of the following or (ii) any property or other asset | 13 |
| associated with any of the following:
| 14 |
| (1) the State Capitol Building in Springfield, | 15 |
| Illinois;
| 16 |
| (2) the Old State Capitol Building in Springfield, | 17 |
| Illinois;
| 18 |
| (3) the Vandalia State House in Vandalia, Illinois;
| 19 |
| (4) the Executive Mansion in Springfield, Illinois;
| 20 |
| (5) the Executive Mansion, also known as the Hayes | 21 |
| House, in Du Quoin,
Illinois;
| 22 |
| (6) the Abraham Lincoln Home in Springfield, Illinois, | 23 |
| if it becomes State
real property not under the | 24 |
| jurisdiction of the federal government;
| 25 |
| (7) the Lincoln Tomb in Springfield, Illinois;
| 26 |
| (8) the Abraham Lincoln Presidential Library and | 27 |
| Museum in
Springfield, Illinois;
| 28 |
| (9) all present and future Abraham Lincoln sites not | 29 |
| otherwise listed;
| 30 |
| (10) all Illinois homes of all past, present, or future | 31 |
| United States
Presidents who have resided, currently | 32 |
| reside, or in the future will reside in
the State of | 33 |
| Illinois;
| 34 |
| (11) the burial sites of all past, present, or future | 35 |
| United States
Presidents;
| 36 |
| (12) the Illinois State Museum in Springfield, |
|
|
|
HB0476 Engrossed |
- 3 - |
LRB094 07471 RCE 37634 b |
|
| 1 |
| Illinois;
| 2 |
| (13) any State property or other asset identified or | 3 |
| named for a specific
individual by Joint Resolution of the | 4 |
| General Assembly or by statute as of the
effective
date of | 5 |
| this Section or later; and
| 6 |
| (14) any other State property or asset that on the | 7 |
| effective date of this
Section or later is designated a | 8 |
| National Historic Landmark, listed as a State
Historic
Site | 9 |
| under Section 6 of the Historic Preservation Agency Act, or | 10 |
| listed on
either the
Illinois Register of Historic Places | 11 |
| or the National Register of Historic
Places, unless the | 12 |
| State property is a university sports stadium and the | 13 |
| federal or State agency that made the designation has the | 14 |
| authority to consent and does consent in writing.
| 15 |
| (c) Terms and conditions of licenses. A license of naming | 16 |
| rights or
sponsorship rights (i) may have a
term of no
more | 17 |
| than 10 years and shall include a termination option in favor | 18 |
| of the State after 5 years, (ii) is non-transferable, and (iii) | 19 |
| is non-renewable (at the end of a
term of a license, however, | 20 |
| the licensee is eligible to compete for a new
license as
| 21 |
| provided in subsection (d)). The licensee
shall have the
| 22 |
| authority to place signs, placards, imprints, or other | 23 |
| identifying information only on the properties or other assets | 24 |
| specified
in the license and
only during the term of the | 25 |
| license. The signs, placards, imprints, or other identifying | 26 |
| information may contain nothing
other than the
name of the | 27 |
| licensee, the licensee's logo, or both, except that with the
| 28 |
| written approval of the administrator they may contain other | 29 |
| authorized material. The
license may, but need
not, require the | 30 |
| State
to refer to a property or other asset by the name of the | 31 |
| licensee during the term
of the license, all within reasonable | 32 |
| limitations and other than in statutes,
rules, and existing | 33 |
| supplies of forms and other documents. Except with respect to | 34 |
| property or other assets of a public institution of higher | 35 |
| education, no naming or sponsorship right, however, may be | 36 |
| characterized or treated as "official" or in a similar fashion. |
|
|
|
HB0476 Engrossed |
- 4 - |
LRB094 07471 RCE 37634 b |
|
| 1 |
| If a
licensee materially breaches any term of a license and the | 2 |
| Executive Ethics
Commission recommends that the license be | 3 |
| revoked, then the administrator may
declare the license
| 4 |
| revoked. At least 25% of the total amount of license fees must | 5 |
| be paid prior to the commencement of the term of
the license. | 6 |
| Any balance shall be paid on a periodic schedule agreed to by | 7 |
| the administrator. All fees are
non-refundable. Fees shall be | 8 |
| deposited into the General Revenue Fund, except that, if a fund | 9 |
| or account has been designated in a license granted by an | 10 |
| administrator designated by the Attorney General, the | 11 |
| Secretary of State, the Comptroller, the Treasurer, or a public | 12 |
| institution of higher education, then fees under the applicable | 13 |
| license shall be deposited into the designated fund or account.
| 14 |
| (d) Competitive negotiation. A license of naming rights or
| 15 |
| sponsorship rights may be granted only on the basis of the | 16 |
| highest and best
competitively negotiated proposal that yields | 17 |
| the most advantageous benefits and considerations to the State. | 18 |
| The administrator shall give notice that
the administrator will | 19 |
| accept proposals for the licensing of naming rights or
| 20 |
| sponsorship rights with respect to any one or more specified | 21 |
| properties or other assets by
publication in the Illinois | 22 |
| Procurement Bulletin not less than 7 business days before
the | 23 |
| day upon which proposals will be accepted. The administrator | 24 |
| shall give such other notice
as the administrator deems | 25 |
| appropriate. Proposals shall not be sealed and
shall be part of | 26 |
| the public record. The administrator shall conduct open,
| 27 |
| competitive negotiations with those who have submitted | 28 |
| proposals in order
to obtain the highest and best competitively | 29 |
| negotiated proposal that yields the most advantageous benefits | 30 |
| and considerations to the State. The administrator may give | 31 |
| notice of and negotiate multiple licenses for identical naming | 32 |
| or sponsorship rights as part of a single notice, negotiation, | 33 |
| and licensing process. In the case of naming or sponsorship | 34 |
| rights for a single event or a continuous series of related | 35 |
| events, the administrator may grant multiple licenses not based | 36 |
| on the standard of "highest and best" proposals if the end |
|
|
|
HB0476 Engrossed |
- 5 - |
LRB094 07471 RCE 37634 b |
|
| 1 |
| result is the most beneficial to the State. If a
proposal | 2 |
| satisfactory to the administrator is not negotiated, the | 3 |
| administrator
may give notice as provided in this subsection | 4 |
| and accept additional
proposals.
| 5 |
| Subject to the provisions of this Section, the
| 6 |
| administrator shall have all power necessary to grant the | 7 |
| license and enter
into any agreements
and execute any documents | 8 |
| necessary to exercise the authority granted by this
Section. | 9 |
| The
administrator shall have authority to order such surveys, | 10 |
| abstracts of title,
or commitments for
title insurance as may, | 11 |
| in the administrator's reasonable discretion, be deemed
| 12 |
| necessary to demonstrate
good and marketable title to the | 13 |
| naming rights or sponsorship rights.
| 14 |
| (e) Personal gifts. If one or more natural persons, as | 15 |
| such, make a gift, bequest, or devise to a State officer or | 16 |
| entity to which this Section applies and that does not result | 17 |
| in any pecuniary benefit (other than a tax benefit) to the | 18 |
| person or persons, then, at the request of the administrator | 19 |
| and with the approval of the Executive Ethics Commission in the | 20 |
| same manner as provided in subsection (f), the administrator | 21 |
| may grant naming rights, sponsorship rights, or both, so long | 22 |
| as the rights are of no pecuniary benefit to the person or | 23 |
| persons, subject only to the limitations in subsection (c) on | 24 |
| identifying information and characterization as "official" or | 25 |
| in a similar fashion. The sole purpose of the gift, bequest, or | 26 |
| devise must be to assist the recipient in fulfilling the | 27 |
| recipient's core mission or purpose.
| 28 |
| (f) Approval by Executive Ethics Commission. Upon | 29 |
| determining to grant a license, the
administrator must, within | 30 |
| 15 calendar days,
deliver a written notice setting forth all of | 31 |
| the pertinent facts relating to
the proposal, proposer, and | 32 |
| proposed license to the Executive Ethics Commission. A license | 33 |
| shall not be granted unless approved in advance by the | 34 |
| Commission. If the
administrator
proposes to amend an existing | 35 |
| license, the administrator must deliver notice of
the proposed | 36 |
| amendment to
the Commission within 15 calendar days, and the |
|
|
|
HB0476 Engrossed |
- 6 - |
LRB094 07471 RCE 37634 b |
|
| 1 |
| amendment shall not be made unless approved in advance by the | 2 |
| Commission. The Commission's review shall be based solely on | 3 |
| ethical and ethics related standards imposed by the law and on | 4 |
| avoiding the appearance of impropriety. The Commission's | 5 |
| approval shall not be unreasonably withheld.
| 6 |
| Within 40 calendar days after its actual receipt from the | 7 |
| administrator of notice of a proposed license or amendment to a | 8 |
| license, the Commission shall either approve or disapprove the | 9 |
| proposed license or amendment and shall notify the | 10 |
| administrator and other parties to the proposed license or | 11 |
| amendment of its decision. The Commission may, in its | 12 |
| discretion and before the running of the time period in which | 13 |
| it must make a decision, grant itself one extension of up to an | 14 |
| additional 40 calendar days in which to make a decision by | 15 |
| notifying the administrator and other parties to the proposed | 16 |
| license or amendment. If the Commission requests additional or | 17 |
| supplemental information from the administrator or a party to | 18 |
| the proposed license or amendment, the running of the time | 19 |
| limit in which the Commission must make its decision is | 20 |
| suspended, and the 40-day period begins anew when the | 21 |
| information is delivered to the Commission. If the Commission | 22 |
| fails to render a decision within the applicable time period, | 23 |
| the proposed license or amendment is deemed approved.
| 24 |
| (g) Rules. Each administrator and the Executive Ethics | 25 |
| Commission may,
separately, adopt rules to implement their | 26 |
| several functions under this
Section. The rules may
not, | 27 |
| however, waive or provide for the waiver of any of the | 28 |
| requirements of
this Section except as provided in this | 29 |
| subsection. The Executive Ethics Commission may adopt rules | 30 |
| authorizing the administrator to grant licenses without | 31 |
| pre-approval under subsection (f), but the rules must specify, | 32 |
| by category, those emergency and other extenuating situations | 33 |
| in which pre-approval is waived, must provide for prompt review | 34 |
| by the Commission after the granting of the license, and may | 35 |
| contain other provisions the Commission deems necessary to | 36 |
| prevent abuse of this procedure.
|
|
|
|
HB0476 Engrossed |
- 7 - |
LRB094 07471 RCE 37634 b |
|
| 1 |
| (h) Blind vendors. The provisions of this Section are | 2 |
| subject to, and do not supersede, any of the provisions of the | 3 |
| Blind Persons Operating Vending Facilities Act, any other State | 4 |
| or federal law granting preference to blind persons, or any | 5 |
| rules or regulations adopted pursuant to any of those laws.
| 6 |
| (i) Small consideration. If the value of the consideration | 7 |
| for an individual naming or sponsorship right does not exceed | 8 |
| $25,000, the administrator may grant the right, subject only to | 9 |
| the limitations in subsection (c) on identifying information | 10 |
| and characterization as "official" or in a similar fashion, but | 11 |
| the administrator must deliver a written notice giving the | 12 |
| details to the Executive Ethics Commission at least one full | 13 |
| business day before the administrator agrees to grant the | 14 |
| right. Naming or sponsorship rights shall not be artificially | 15 |
| divided in an attempt to qualify under this subsection.
| 16 |
| (j) Applicability. This Section does not apply to naming | 17 |
| rights and sponsorship rights with respect to property or other | 18 |
| assets under the jurisdiction and control of the legislative | 19 |
| branch or the judicial branch of the State. This Section | 20 |
| applies to all naming rights and sponsorship rights granted | 21 |
| with respect to the State Fair, as defined in Section 2 of the | 22 |
| State Fair Act, on or after January 1, 2006. This Section | 23 |
| applies to all other naming rights and sponsorship rights | 24 |
| granted on or after the effective date of this amendatory Act | 25 |
| of the 94th General Assembly.
| 26 |
| (k) Retention of records. The administrator must maintain | 27 |
| all records relating to (i) each license of naming rights or | 28 |
| sponsorship rights for at least 7 years after the expiration of | 29 |
| the term of the license and (ii) each proposal for naming | 30 |
| rights or sponsorship rights that does not result in a license | 31 |
| being granted to the proposer for at least 7 years after the | 32 |
| proposal was submitted.
| 33 |
| (l) Definitions. In this Section:
| 34 |
| Notwithstanding Section 1.03 of this Act, in this Section | 35 |
| "administrator" means (i) an officer or employee designated by | 36 |
| the Attorney General with respect to the property and other |
|
|
|
HB0476 Engrossed |
- 8 - |
LRB094 07471 RCE 37634 b |
|
| 1 |
| assets under the jurisdiction and control of the Attorney | 2 |
| General; (ii) an officer or employee designated by the | 3 |
| Secretary of State with respect to the property and other | 4 |
| assets under the jurisdiction and control of the Secretary of | 5 |
| State; (iii) an officer or employee designated by the | 6 |
| Comptroller with respect to the property and other assets under | 7 |
| the jurisdiction and control of the Comptroller; (iv) an | 8 |
| officer or employee designated by the Treasurer with respect to | 9 |
| the property and other assets under the jurisdiction and | 10 |
| control of the Treasurer; (v) an officer or employee designated | 11 |
| by the board of trustees of a public institution of higher | 12 |
| education, as defined in Section 1 of the Board of Higher | 13 |
| Education Act, with respect to the property and other assets | 14 |
| under the jurisdiction and control of that public institution | 15 |
| of higher education; and (vi) the Director of Central | 16 |
| Management Services with respect to all other property and | 17 |
| other assets to which this Section applies.
| 18 |
| "Naming rights" means the right to associate the name
or | 19 |
| identifying mark of any person or entity with the name or | 20 |
| identity of any
State property or other asset.
| 21 |
| "Sponsorship rights" means the right
to associate the name | 22 |
| or identifying mark of any person or entity
with
any State | 23 |
| program or event
on the
grounds of, in, or with respect to any | 24 |
| State property or other asset.
| 25 |
| (m) This Section shall be construed to ensure that all | 26 |
| naming and sponsorship rights are strictly controlled under the | 27 |
| terms of this Section.
| 28 |
| (n) Severability. The provisions of this Section are | 29 |
| severable under Section
1.31 of the
Statute on Statutes.
| 30 |
| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.
|
|