102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1850

 

Introduced 2/26/2021, by Sen. Mattie Hunter

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 210/5  from Ch. 85, par. 1225
70 ILCS 210/18  from Ch. 85, par. 1238

    Amends the Metropolitan Pier and Exposition Authority Act. In provisions regarding the Metropolitan Pier and Exposition Authority's Chief Executive Officer's requirement to certify to the State Comptroller and the State Treasurer the amounts of incentive grant funds used during the current fiscal year, provides that, during the years 2022 through 2024, the certification shall demonstrate registered attendance in excess of 3,000 individuals or in excess of 5,000 individuals, as appropriate, rather than registered attendance in excess of 5,000 individuals or in excess of 10,000 individuals, as appropriate. Provides that, on July 15, 2022 and each July 15 thereafter through July 15, 2026, the Comptroller shall order transferred, and the Treasurer shall transfer, into the Metropolitan Pier and Exposition Authority Incentive Fund from the General Revenue Fund an amount equal to the incentive grant funds certified by the Chief Executive Officer as having been lawfully paid under the provisions of the Section in the previous fiscal year that have not otherwise been transferred into the Metropolitan Pier and Exposition Authority Incentive Fund, except that transfers in excess of $15,000,000 shall not be made in any fiscal year. Makes other changes. Effective immediately.


LRB102 14741 AWJ 20094 b

 

 

A BILL FOR

 

SB1850LRB102 14741 AWJ 20094 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Metropolitan Pier and Exposition Authority
5Act is amended by changing Sections 5 and 18 as follows:
 
6    (70 ILCS 210/5)  (from Ch. 85, par. 1225)
7    Sec. 5. The Metropolitan Pier and Exposition Authority
8shall also have the following rights and powers:
9        (a) To accept from Chicago Park Fair, a corporation,
10    an assignment of whatever sums of money it may have
11    received from the Fair and Exposition Fund, allocated by
12    the Department of Agriculture of the State of Illinois,
13    and Chicago Park Fair is hereby authorized to assign, set
14    over and transfer any of those funds to the Metropolitan
15    Pier and Exposition Authority. The Authority has the right
16    and power hereafter to receive sums as may be distributed
17    to it by the Department of Agriculture of the State of
18    Illinois from the Fair and Exposition Fund pursuant to the
19    provisions of Sections 5, 6i, and 28 of the State Finance
20    Act. All sums received by the Authority shall be held in
21    the sole custody of the secretary-treasurer of the
22    Metropolitan Pier and Exposition Board.
23        (b) To accept the assignment of, assume and execute

 

 

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1    any contracts heretofore entered into by Chicago Park
2    Fair.
3        (c) To acquire, own, construct, equip, lease, operate
4    and maintain grounds, buildings and facilities to carry
5    out its corporate purposes and duties, and to carry out or
6    otherwise provide for the recreational, cultural,
7    commercial or residential development of Navy Pier, and to
8    fix and collect just, reasonable and nondiscriminatory
9    charges for the use thereof. The charges so collected
10    shall be made available to defray the reasonable expenses
11    of the Authority and to pay the principal of and the
12    interest upon any revenue bonds issued by the Authority.
13    The Authority shall be subject to and comply with the Lake
14    Michigan and Chicago Lakefront Protection Ordinance, the
15    Chicago Building Code, the Chicago Zoning Ordinance, and
16    all ordinances and regulations of the City of Chicago
17    contained in the following Titles of the Municipal Code of
18    Chicago: Businesses, Occupations and Consumer Protection;
19    Health and Safety; Fire Prevention; Public Peace, Morals
20    and Welfare; Utilities and Environmental Protection;
21    Streets, Public Ways, Parks, Airports and Harbors;
22    Electrical Equipment and Installation; Housing and
23    Economic Development (only Chapter 5-4 thereof); and
24    Revenue and Finance (only so far as such Title pertains to
25    the Authority's duty to collect taxes on behalf of the
26    City of Chicago).

 

 

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1        (d) To enter into contracts treating in any manner
2    with the objects and purposes of this Act.
3        (e) To lease any buildings to the Adjutant General of
4    the State of Illinois for the use of the Illinois National
5    Guard or the Illinois Naval Militia.
6        (f) To exercise the right of eminent domain by
7    condemnation proceedings in the manner provided by the
8    Eminent Domain Act, including, with respect to Site B
9    only, the authority to exercise quick take condemnation by
10    immediate vesting of title under Article 20 of the Eminent
11    Domain Act, to acquire any privately owned real or
12    personal property and, with respect to Site B only, public
13    property used for rail transportation purposes (but no
14    such taking of such public property shall, in the
15    reasonable judgment of the owner, interfere with such rail
16    transportation) for the lawful purposes of the Authority
17    in Site A, at Navy Pier, and at Site B. Just compensation
18    for property taken or acquired under this paragraph shall
19    be paid in money or, notwithstanding any other provision
20    of this Act and with the agreement of the owner of the
21    property to be taken or acquired, the Authority may convey
22    substitute property or interests in property or enter into
23    agreements with the property owner, including leases,
24    licenses, or concessions, with respect to any property
25    owned by the Authority, or may provide for other lawful
26    forms of just compensation to the owner. Any property

 

 

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1    acquired in condemnation proceedings shall be used only as
2    provided in this Act. Except as otherwise provided by law,
3    the City of Chicago shall have a right of first refusal
4    prior to any sale of any such property by the Authority to
5    a third party other than substitute property. The
6    Authority shall develop and implement a relocation plan
7    for businesses displaced as a result of the Authority's
8    acquisition of property. The relocation plan shall be
9    substantially similar to provisions of the Uniform
10    Relocation Assistance and Real Property Acquisition Act
11    and regulations promulgated under that Act relating to
12    assistance to displaced businesses. To implement the
13    relocation plan the Authority may acquire property by
14    purchase or gift or may exercise the powers authorized in
15    this subsection (f), except the immediate vesting of title
16    under Article 20 of the Eminent Domain Act, to acquire
17    substitute private property within one mile of Site B for
18    the benefit of displaced businesses located on property
19    being acquired by the Authority. However, no such
20    substitute property may be acquired by the Authority
21    unless the mayor of the municipality in which the property
22    is located certifies in writing that the acquisition is
23    consistent with the municipality's land use and economic
24    development policies and goals. The acquisition of
25    substitute property is declared to be for public use. In
26    exercising the powers authorized in this subsection (f),

 

 

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1    the Authority shall use its best efforts to relocate
2    businesses within the area of McCormick Place or, failing
3    that, within the City of Chicago.
4        (g) To enter into contracts relating to construction
5    projects which provide for the delivery by the contractor
6    of a completed project, structure, improvement, or
7    specific portion thereof, for a fixed maximum price, which
8    contract may provide that the delivery of the project,
9    structure, improvement, or specific portion thereof, for
10    the fixed maximum price is insured or guaranteed by a
11    third party capable of completing the construction.
12        (h) To enter into agreements with any person with
13    respect to the use and occupancy of the grounds,
14    buildings, and facilities of the Authority, including
15    concession, license, and lease agreements on terms and
16    conditions as the Authority determines. Notwithstanding
17    Section 24, agreements with respect to the use and
18    occupancy of the grounds, buildings, and facilities of the
19    Authority for a term of more than one year shall be entered
20    into in accordance with the procurement process provided
21    for in Section 25.1.
22        (i) To enter into agreements with any person with
23    respect to the operation and management of the grounds,
24    buildings, and facilities of the Authority or the
25    provision of goods and services on terms and conditions as
26    the Authority determines.

 

 

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1        (j) After conducting the procurement process provided
2    for in Section 25.1, to enter into one or more contracts to
3    provide for the design and construction of all or part of
4    the Authority's Expansion Project grounds, buildings, and
5    facilities. Any contract for design and construction of
6    the Expansion Project shall be in the form authorized by
7    subsection (g), shall be for a fixed maximum price not in
8    excess of the funds that are authorized to be made
9    available for those purposes during the term of the
10    contract, and shall be entered into before commencement of
11    construction.
12        (k) To enter into agreements, including project
13    agreements with labor unions, that the Authority deems
14    necessary to complete the Expansion Project or any other
15    construction or improvement project in the most timely and
16    efficient manner and without strikes, picketing, or other
17    actions that might cause disruption or delay and thereby
18    add to the cost of the project.
19        (l) To provide incentives to organizations and
20    entities that agree to make use of the grounds, buildings,
21    and facilities of the Authority for conventions, meetings,
22    or trade shows. The incentives may take the form of
23    discounts from regular fees charged by the Authority,
24    subsidies for or assumption of the costs incurred with
25    respect to the convention, meeting, or trade show, or
26    other inducements. The Authority shall award incentives to

 

 

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1    attract or retain large conventions, meetings, and trade
2    shows to its facilities under the terms set forth in this
3    subsection (l) from amounts appropriated to the Authority
4    from the Metropolitan Pier and Exposition Authority
5    Incentive Fund for this purpose.
6        No later than May 15 of each year, the Chief Executive
7    Officer of the Metropolitan Pier and Exposition Authority
8    shall certify to the State Comptroller and the State
9    Treasurer the amounts of incentive grant funds used during
10    the current fiscal year to provide incentives for
11    conventions, meetings, or trade shows that (i) have been
12    approved by the Authority, in consultation with an
13    organization meeting the qualifications set out in Section
14    5.6 of this Act, provided the Authority has entered into a
15    marketing agreement with such an organization, (ii)
16    demonstrate registered attendance in excess of 5,000
17    individuals or in excess of 10,000 individuals, as
18    appropriate, and (iii) but for the incentive, would not
19    have used the facilities of the Authority for the
20    convention, meeting, or trade show; except that, for years
21    2022 through 2024, the certification shall demonstrate
22    registered attendance in excess of 3,000 individuals or in
23    excess of 5,000 individuals, as appropriate, rather than
24    registered attendance in excess of 5,000 individuals or in
25    excess of 10,000 individuals, as appropriate. The State
26    Comptroller may request that the Auditor General conduct

 

 

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1    an audit of the accuracy of the certification. If the
2    State Comptroller determines by this process of
3    certification that incentive funds, in whole or in part,
4    were disbursed by the Authority by means other than in
5    accordance with the standards of this subsection (l), then
6    any amount transferred to the Metropolitan Pier and
7    Exposition Authority Incentive Fund shall be reduced
8    during the next subsequent transfer in direct proportion
9    to that amount determined to be in violation of the terms
10    set forth in this subsection (l).
11        On July 15, 2012, the Comptroller shall order
12    transferred, and the Treasurer shall transfer, into the
13    Metropolitan Pier and Exposition Authority Incentive Fund
14    from the General Revenue Fund the sum of $7,500,000 plus
15    an amount equal to the incentive grant funds certified by
16    the Chief Executive Officer as having been lawfully paid
17    under the provisions of this Section in the previous 2
18    fiscal years that have not otherwise been transferred into
19    the Metropolitan Pier and Exposition Authority Incentive
20    Fund, provided that transfers in excess of $15,000,000
21    shall not be made in any fiscal year.
22        On July 15, 2013, the Comptroller shall order
23    transferred, and the Treasurer shall transfer, into the
24    Metropolitan Pier and Exposition Authority Incentive Fund
25    from the General Revenue Fund the sum of $7,500,000 plus
26    an amount equal to the incentive grant funds certified by

 

 

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1    the Chief Executive Officer as having been lawfully paid
2    under the provisions of this Section in the previous
3    fiscal year that have not otherwise been transferred into
4    the Metropolitan Pier and Exposition Authority Incentive
5    Fund, provided that transfers in excess of $15,000,000
6    shall not be made in any fiscal year.
7        On July 15, 2014, and every year thereafter through
8    July 15, 2017, the Comptroller shall order transferred,
9    and the Treasurer shall transfer, into the Metropolitan
10    Pier and Exposition Authority Incentive Fund from the
11    General Revenue Fund an amount equal to the incentive
12    grant funds certified by the Chief Executive Officer as
13    having been lawfully paid under the provisions of this
14    Section in the previous fiscal year that have not
15    otherwise been transferred into the Metropolitan Pier and
16    Exposition Authority Incentive Fund, provided that (1) no
17    transfers with respect to any previous fiscal year shall
18    be made after the transfer has been made with respect to
19    the 2017 fiscal year and (2) transfers in excess of
20    $15,000,000 shall not be made in any fiscal year.
21        On July 15, 2022 and each July 15 thereafter through
22    July 15, 2026, the Comptroller shall order transferred,
23    and the Treasurer shall transfer, into the Metropolitan
24    Pier and Exposition Authority Incentive Fund from the
25    General Revenue Fund an amount equal to the incentive
26    grant funds certified by the Chief Executive Officer as

 

 

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1    having been lawfully paid under the provisions of this
2    Section in the previous fiscal year that have not
3    otherwise been transferred into the Metropolitan Pier and
4    Exposition Authority Incentive Fund, provided that
5    transfers in excess of $15,000,000 shall not be made in
6    any fiscal year.
7        No transfers for any previous year shall be made
8    pursuant to this subsection (l) after the transfer has
9    been made for the 2026 fiscal year.
10        After a transfer has been made under this subsection
11    (l), the Chief Executive Officer shall file a request for
12    payment with the Comptroller evidencing that the incentive
13    grants have been made and the Comptroller shall thereafter
14    order paid, and the Treasurer shall pay, the requested
15    amounts to the Metropolitan Pier and Exposition Authority.
16        In no case shall more than $5,000,000 be used in any
17    one fiscal year by the Authority for incentives granted to
18    conventions, meetings, or trade shows with a registered
19    attendance of more than 5,000 and less than 10,000; except
20    that, for the 2022, 2023, and 2024 fiscal years, in no case
21    shall more than $5,000,000 be used in such fiscal year by
22    the Authority for incentives granted to conventions,
23    meetings, or trade shows with a registered attendance of
24    more than 3,000 and less than 5,000. Amounts in the
25    Metropolitan Pier and Exposition Authority Incentive Fund
26    shall only be used by the Authority for incentives paid to

 

 

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1    attract large conventions, meetings, and trade shows to
2    its facilities as provided in this subsection (l).
3        (l-5) The Village of Rosemont shall provide incentives
4    from amounts transferred into the Convention Center
5    Support Fund to retain and attract conventions, meetings,
6    or trade shows to the Donald E. Stephens Convention Center
7    under the terms set forth in this subsection (l-5).
8        No later than May 15 of each year, the Mayor of the
9    Village of Rosemont or his or her designee shall certify
10    to the State Comptroller and the State Treasurer the
11    amounts of incentive grant funds used during the previous
12    fiscal year to provide incentives for conventions,
13    meetings, or trade shows that (1) have been approved by
14    the Village, (2) demonstrate registered attendance in
15    excess of 5,000 individuals, and (3) but for the
16    incentive, would not have used the Donald E. Stephens
17    Convention Center facilities for the convention, meeting,
18    or trade show. The State Comptroller may request that the
19    Auditor General conduct an audit of the accuracy of the
20    certification.
21        If the State Comptroller determines by this process of
22    certification that incentive funds, in whole or in part,
23    were disbursed by the Village by means other than in
24    accordance with the standards of this subsection (l-5),
25    then the amount transferred to the Convention Center
26    Support Fund shall be reduced during the next subsequent

 

 

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1    transfer in direct proportion to that amount determined to
2    be in violation of the terms set forth in this subsection
3    (l-5).
4        On July 15, 2012, and each year thereafter, the
5    Comptroller shall order transferred, and the Treasurer
6    shall transfer, into the Convention Center Support Fund
7    from the General Revenue Fund the amount of $5,000,000 for
8    (i) incentives to attract large conventions, meetings, and
9    trade shows to the Donald E. Stephens Convention Center,
10    and (ii) to be used by the Village of Rosemont for the
11    repair, maintenance, and improvement of the Donald E.
12    Stephens Convention Center and for debt service on debt
13    instruments issued for those purposes by the village. No
14    later than 30 days after the transfer, the Comptroller
15    shall order paid, and the Treasurer shall pay, to the
16    Village of Rosemont the amounts transferred.
17        (m) To enter into contracts with any person conveying
18    the naming rights or other intellectual property rights
19    with respect to the grounds, buildings, and facilities of
20    the Authority.
21        (n) To enter into grant agreements with the Chicago
22    Convention and Tourism Bureau providing for the marketing
23    of the convention facilities to large and small
24    conventions, meetings, and trade shows and the promotion
25    of the travel industry in the City of Chicago, provided
26    such agreements meet the requirements of Section 5.6 of

 

 

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1    this Act. Receipts of the Authority from the increase in
2    the airport departure tax authorized by Section 13(f) of
3    this amendatory Act of the 96th General Assembly and,
4    subject to appropriation to the Authority, funds deposited
5    in the Chicago Travel Industry Promotion Fund pursuant to
6    Section 6 of the Hotel Operators' Occupation Tax Act shall
7    be granted to the Bureau for such purposes.
8(Source: P.A. 100-23, eff. 7-6-17.)
 
9    (70 ILCS 210/18)  (from Ch. 85, par. 1238)
10    Sec. 18. The Board shall determine the times and places of
11its meetings. Regular meetings of the Board shall be held at
12least once in each calendar month, the time and place of such
13meetings to be fixed by the Board. All action and meetings of
14the Board and its committees shall be subject to the
15provisions of the Open Meetings Act. A majority of the
16statutorily authorized members of the Board shall constitute a
17quorum for the transaction of business. All action of the
18Board shall be by rule, regulation, ordinance or resolution
19and the affirmative vote of at least a majority of the
20statutorily authorized members shall be necessary for the
21adoption of any rule, regulation, ordinance or resolution. All
22rules, regulations, ordinances, resolutions and all
23proceedings of the Authority and all documents and records in
24its possession shall be public records, and open to public
25inspection, except such documents and records as shall be kept

 

 

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1or prepared by the Board for use in negotiations, action or
2proceedings to which the Authority is a party. All records of
3the Authority shall be subject to the provisions of the
4Illinois Freedom of Information Act.
5(Source: P.A. 84-1027.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.