Bill Text: IL HB0779 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Pawnbroker Regulation Act of 2023. Sets forth provisions concerning pawnbroker licensure, pawnbroker supervision, customer rights, and consumer fraud protections. Provides that there shall not be more than 250 active pawnbroker licenses at any one time within the State of Illinois, and that there shall not be more than 150 active pawnbroker licenses issued for specified counties at any one time. Sets forth provisions concerning licensee names, license application process, prohibited acts and practices, license issuance and renewal, license suspension and revocation, confidentiality of information, and record requirements. Sets forth the functions, powers, and duties of the Secretary of Financial and Professional Regulation. Defines terms. Preempts home rule powers. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act. Makes corresponding changes in other provisions. Repeals the Pawnbroker Regulation Act. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2024-03-22 - Public Act . . . . . . . . . 103-0585 [HB0779 Detail]

Download: Illinois-2023-HB0779-Engrossed.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Reimagining Hotel Florence Act.
Section 5. Legislative intent. Originally built in 1881,
the Hotel Florence is located within the Pullman Historic
District and was placed on the National Register of Historic
Places in 1969 and was designated a National Historic Landmark
on December 30, 1970. To save it from demolition the Historic
Pullman Foundation purchased the hotel in 1975 and maintained
ownership until 1991 when the State of Illinois took title of
the building. The Hotel Florence is continually closed for
renovations and is a semi-closed public space.
The hotel sits next to the Pullman National Historic
Landmark District, which was designated as a National Monument
in 2015 and recently redesignated as Illinois's first National
Park on December 29, 2022 and is operated by the U.S. National
Park Service. This redesignation allows for the National Park
Service to enter into cooperative agreements with outside
parties for interpretive and educational programs at
nonfederal historic properties within the boundaries of the
park and to provide assistance for the preservation of

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nonfederal land within the boundaries of the historical park
and at sites in close proximity to it, which may include the
Hotel Florence.
The General Assembly has allocated $21,000,000 in capital
infrastructure funds to aid in the redevelopment of the Hotel
Florence.
The General Assembly finds that allowing for the
Department of Natural Resources to enter into a public-private
partnership that will allow the Hotel Florence to become a
fully reactivated space in a timely manner that is in the
public benefit of the State and the local Pullman community.
Section 10. Definitions. In this Act:
"Agreement" means a public-private agreement.
"Contractor" means a person that has been selected to
enter or has entered into a public-private agreement with the
Department on behalf of the State for the development,
financing, construction, management, or operation of the Hotel
Florence pursuant to this Act.
"Department" means the Department of Natural Resources.
"Hotel Florence" means real property in City of Chicago
located within the Pullman Historic District that is owned by
the Illinois Department of Natural Resources and was acquired
in 1991, at the address of 11111 S. Forrestville Avenue,
Chicago, Illinois, as well as the adjacent Hotel Florence
Annex building located at 537 East 111th Street, Chicago,

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Illinois 60628 and any associated grounds connected to either
property.
"Maintain" or "maintenance" includes ordinary maintenance,
repair, rehabilitation, capital maintenance, maintenance
replacement, and any other categories of maintenance that may
be designated by the Department.
"Offeror" means a person that responds to a request for
proposals under this Act.
"Operate" or "operation" means to do one or more of the
following: maintain, improve, equip, modify, or otherwise
operate.
"Person" means any individual, firm, association, joint
venture, partnership, estate, trust, syndicate, fiduciary,
corporation, or any other legal entity, group, or combination
thereof.
"Public-private agreement" means an agreement or contract
between the Department on behalf of the State and all
schedules, exhibits, and attachments thereto, entered into
pursuant to a competitive request for proposals process
governed by this Act, for the development, financing,
construction, management, or operation of the Hotel Florence
under this Act.
"Revenues" means all revenues, including, but not limited
to, income, user fees, earnings, interest, lease payments,
allocations, moneys from the federal government, the State,
and units of local government, including, but not limited to,

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federal, State, and local appropriations, grants, loans, lines
of credit, and credit guarantees; bond proceeds; equity
investments; service payments; or other receipts arising out
of or in connection with the financing, development,
construction, management, or operation of the Hotel Florence.
"State" means the State of Illinois.
Section 15. Authority to enter public-private agreement.
(a) Notwithstanding any provision of law to the contrary,
the Department on behalf of the State may, pursuant to a
competitive request for proposals process governed by the
Illinois Procurement Code, rules adopted under that Code, and
this Act, enter into a public-private agreement to develop,
finance, construct, lease, manage, or operate the Hotel
Florence on behalf of the State, pursuant to which the
contractors may receive certain revenues, including management
or user fees in consideration of the payment of moneys to the
State for that right.
(b) The term of a public-private agreement shall be no
less than 25 years and no more than 75 years.
(c) The term of a public-private agreement may be
extended, but only if the extension is specifically authorized
by the General Assembly by law.
Section 20. Procurement; prequalification. The Department
may establish a process for prequalification of offerors. If

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the Department does create such a process, it shall:
(1) provide a public notice of the prequalification at
least 30 days prior to the date on which applications are
due;
(2) set forth requirements and evaluation criteria in
order to become prequalified;
(3) determine which offerors that have submitted
prequalification applications, if any, meet the
requirements and evaluation criteria; and
(4) allow only those offerors that have been
prequalified to respond to the request for proposals.
Section 25. Request for proposals process to enter into
public-private agreement.
(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 Hotel Florence
project;

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(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 historic landmark properties 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, Women, 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
Enterprise for Minorities, Women, and Persons with
Disabilities Act and Section 2-105 of the Illinois Human
Rights Act.
(d) 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.
(e) The Department shall select one or more offerors as
finalists.
(f) 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

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for the Hotel Florence 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 Hotel Florence
project.
Section 30. 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 40;
(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, if
applicable;
(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

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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
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) the authority of the Department to enter into
contracts with third parties pursuant to Section 40;
(8) the authority of the Department to request that
the contractor reimburse the Department for third party
consultants related to the monitoring the project;
(9) a provision governing the contractor's authority
to negotiate and execute subcontracts with third parties;
(10) the authority of the contractor to impose user
fees and the amounts of those fees;
(11) a provision governing the deposit and allocation
of revenues including user fees;
(12) a provision governing rights to real and personal
property of the State, the Department, the contractor, and

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other third parties;
(13) grounds for termination of the agreement by the
Department or the contractor and a restatement of the
Department's rights under this Act;
(14) a requirement that the contractor enter into a
project labor agreement;
(15) a provision stating that construction contractors
shall comply with the requirements of Section 30-22 of the
Illinois Procurement Code;
(16) rights and remedies of the Department if the
contractor defaults or otherwise fails to comply with the
terms of the agreement;
(17) procedures for amendment to the agreement; and
(18) all other terms, conditions, and provisions
acceptable to the Department that the Department deems
necessary and proper and in the public interest.
Section 35. Time limitations. The Department shall issue a
request for proposals within 6 months after the effective date
of this Act. The Department shall have 6 months from the date
of issuance of the request for proposals to select a
contractor.
Section 40. Term of agreement; reversion of property to
the Department.
(a) The Department may terminate the contractor's

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authority and duties under the public-private agreement on the
date set forth in the public-private agreement.
(b) Upon termination of the public-private agreement, the
authority and duties of the contractor under this Act cease,
except for those duties and obligations that extend beyond the
termination, as set forth in the public-private agreement, and
all interests in the Hotel Florence shall revert to the
Department.
Section 45. Prohibited local action; home rule. A unit of
local government, including a home rule unit, may not take any
action that would have the effect of impairing the
public-private agreement under this Act. This Section is a
denial and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
Section 50. Powers liberally construed. The powers
conferred by this Act shall be liberally construed in order to
accomplish their purposes and shall be in addition and
supplemental to the powers conferred by any other law. If any
other law or rule is inconsistent with this Act, this Act is
controlling as to any public-private agreement entered into
under this Act.
Section 55. Full and complete authority. This Act

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contains full and complete authority for agreements and leases
with private entities to carry out the activities described in
this Act. Except as otherwise required by law, no procedure,
proceedings, publications, notices, consents, approvals,
orders, or acts by the Department or any other State or local
agency or official are required to enter into an agreement or
lease.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.