Illinois General Assembly - Full Text of SB1846
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Full Text of SB1846  96th General Assembly


Sen. Kwame Raoul

Filed: 3/25/2009





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2     AMENDMENT NO. ______. Amend Senate Bill 1846, immediately
3 below the enacting clause, by inserting the following:
4     "Section 3. The Department of Commerce and Economic
5 Opportunity Law of the Civil Administrative Code of Illinois is
6 amended by adding Section 605-725 as follows:
7     (20 ILCS 605/605-725 new)
8     Sec. 605-725. Incentive grants for the Metropolitan Pier
9 and Exposition Authority. The Department and the Metropolitan
10 Pier and Exposition Authority may enter into grant agreements
11 to reimburse the Authority for incentives awarded by the
12 Authority to attract large conventions, meetings, and trade
13 shows to its facilities. The Department may reimburse the
14 Authority only for incentives provided in consultation with the
15 Chicago Convention and Tourism Bureau for conventions,
16 meetings, or trade shows that (i) the Authority certifies have



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1 registered attendance in excess of 10,000 individuals, (ii) but
2 for the incentive, would not have used the facilities of the
3 Authority, and (iii) have been approved by the Chief Executive
4 Officer of the Authority and the Chairman of the Authority at
5 the time of the incentive. Reimbursements shall be made from
6 amounts appropriated to the Department from the Metropolitan
7 Pier and Exposition Authority Incentive Fund for those
8 purposes."; and
9 on page 1, line 5, after "8.25f", by inserting "and by adding
10 Section 5.719"; and
11 on page 1, immediately below line 5, by inserting the
12 following:
13     "(30 ILCS 105/5.719 new)
14     Sec. 5.719. The Metropolitan Pier and Exposition Authority
15 Incentive Fund."; and
16 on page 90, line 25, by replacing "Sections 13 and 13.2" with
17 "Sections 5, 13, and 13.2"; and
18 on page 90, immediately below line 25, by inserting the
19 following:
20     "(70 ILCS 210/5)  (from Ch. 85, par. 1225)



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1     Sec. 5. The Metropolitan Pier and Exposition Authority
2 shall also have the following rights and powers:
3         (a) To accept from Chicago Park Fair, a corporation, an
4     assignment of whatever sums of money it may have received
5     from the Fair and Exposition Fund, allocated by the
6     Department of Agriculture of the State of Illinois, and
7     Chicago Park Fair is hereby authorized to assign, set over
8     and transfer any of those funds to the Metropolitan Pier
9     and Exposition Authority. The Authority has the right and
10     power hereafter to receive sums as may be distributed to it
11     by the Department of Agriculture of the State of Illinois
12     from the Fair and Exposition Fund pursuant to the
13     provisions of Sections 5, 6i, and 28 of the State Finance
14     Act. All sums received by the Authority shall be held in
15     the sole custody of the secretary-treasurer of the
16     Metropolitan Pier and Exposition Board.
17         (b) To accept the assignment of, assume and execute any
18     contracts heretofore entered into by Chicago Park Fair.
19         (c) To acquire, own, construct, equip, lease, operate
20     and maintain grounds, buildings and facilities to carry out
21     its corporate purposes and duties, and to carry out or
22     otherwise provide for the recreational, cultural,
23     commercial or residential development of Navy Pier, and to
24     fix and collect just, reasonable and nondiscriminatory
25     charges for the use thereof. The charges so collected shall
26     be made available to defray the reasonable expenses of the



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1     Authority and to pay the principal of and the interest upon
2     any revenue bonds issued by the Authority. The Authority
3     shall be subject to and comply with the Lake Michigan and
4     Chicago Lakefront Protection Ordinance, the Chicago
5     Building Code, the Chicago Zoning Ordinance, and all
6     ordinances and regulations of the City of Chicago contained
7     in the following Titles of the Municipal Code of Chicago:
8     Businesses, Occupations and Consumer Protection; Health
9     and Safety; Fire Prevention; Public Peace, Morals and
10     Welfare; Utilities and Environmental Protection; Streets,
11     Public Ways, Parks, Airports and Harbors; Electrical
12     Equipment and Installation; Housing and Economic
13     Development (only Chapter 5-4 thereof); and Revenue and
14     Finance (only so far as such Title pertains to the
15     Authority's duty to collect taxes on behalf of the City of
16     Chicago).
17         (d) To enter into contracts treating in any manner with
18     the objects and purposes of this Act.
19         (e) To lease any buildings to the Adjutant General of
20     the State of Illinois for the use of the Illinois National
21     Guard or the Illinois Naval Militia.
22         (f) To exercise the right of eminent domain by
23     condemnation proceedings in the manner provided by the
24     Eminent Domain Act, including, with respect to Site B only,
25     the authority to exercise quick take condemnation by
26     immediate vesting of title under Article 20 of the Eminent



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1     Domain Act, to acquire any privately owned real or personal
2     property and, with respect to Site B only, public property
3     used for rail transportation purposes (but no such taking
4     of such public property shall, in the reasonable judgment
5     of the owner, interfere with such rail transportation) for
6     the lawful purposes of the Authority in Site A, at Navy
7     Pier, and at Site B. Just compensation for property taken
8     or acquired under this paragraph shall be paid in money or,
9     notwithstanding any other provision of this Act and with
10     the agreement of the owner of the property to be taken or
11     acquired, the Authority may convey substitute property or
12     interests in property or enter into agreements with the
13     property owner, including leases, licenses, or
14     concessions, with respect to any property owned by the
15     Authority, or may provide for other lawful forms of just
16     compensation to the owner. Any property acquired in
17     condemnation proceedings shall be used only as provided in
18     this Act. Except as otherwise provided by law, the City of
19     Chicago shall have a right of first refusal prior to any
20     sale of any such property by the Authority to a third party
21     other than substitute property. The Authority shall
22     develop and implement a relocation plan for businesses
23     displaced as a result of the Authority's acquisition of
24     property. The relocation plan shall be substantially
25     similar to provisions of the Uniform Relocation Assistance
26     and Real Property Acquisition Act and regulations



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1     promulgated under that Act relating to assistance to
2     displaced businesses. To implement the relocation plan the
3     Authority may acquire property by purchase or gift or may
4     exercise the powers authorized in this subsection (f),
5     except the immediate vesting of title under Article 20 of
6     the Eminent Domain Act, to acquire substitute private
7     property within one mile of Site B for the benefit of
8     displaced businesses located on property being acquired by
9     the Authority. However, no such substitute property may be
10     acquired by the Authority unless the mayor of the
11     municipality in which the property is located certifies in
12     writing that the acquisition is consistent with the
13     municipality's land use and economic development policies
14     and goals. The acquisition of substitute property is
15     declared to be for public use. In exercising the powers
16     authorized in this subsection (f), the Authority shall use
17     its best efforts to relocate businesses within the area of
18     McCormick Place or, failing that, within the City of
19     Chicago.
20         (g) To enter into contracts relating to construction
21     projects which provide for the delivery by the contractor
22     of a completed project, structure, improvement, or
23     specific portion thereof, for a fixed maximum price, which
24     contract may provide that the delivery of the project,
25     structure, improvement, or specific portion thereof, for
26     the fixed maximum price is insured or guaranteed by a third



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1     party capable of completing the construction.
2         (h) To enter into agreements with any person with
3     respect to the use and occupancy of the grounds, buildings,
4     and facilities of the Authority, including concession,
5     license, and lease agreements on terms and conditions as
6     the Authority determines. Notwithstanding Section 24,
7     agreements with respect to the use and occupancy of the
8     grounds, buildings, and facilities of the Authority for a
9     term of more than one year shall be entered into in
10     accordance with the procurement process provided for in
11     Section 25.1.
12         (i) To enter into agreements with any person with
13     respect to the operation and management of the grounds,
14     buildings, and facilities of the Authority or the provision
15     of goods and services on terms and conditions as the
16     Authority determines.
17         (j) After conducting the procurement process provided
18     for in Section 25.1, to enter into one or more contracts to
19     provide for the design and construction of all or part of
20     the Authority's Expansion Project grounds, buildings, and
21     facilities. Any contract for design and construction of the
22     Expansion Project shall be in the form authorized by
23     subsection (g), shall be for a fixed maximum price not in
24     excess of the funds that are authorized to be made
25     available for those purposes during the term of the
26     contract, and shall be entered into before commencement of



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1     construction.
2         (k) To enter into agreements, including project
3     agreements with labor unions, that the Authority deems
4     necessary to complete the Expansion Project or any other
5     construction or improvement project in the most timely and
6     efficient manner and without strikes, picketing, or other
7     actions that might cause disruption or delay and thereby
8     add to the cost of the project.
9         (l) To provide incentives to organizations and
10     entities that agree to make use of the grounds, buildings,
11     and facilities of the Authority for conventions, meetings,
12     or trade shows. The incentives may take the form of
13     discounts from regular fees charged by the Authority,
14     subsidies for or assumption of the costs incurred with
15     respect to the convention, meeting, or trade show, or other
16     inducements. The Authority shall be reimbursed by the
17     Department of Commerce and Economic Opportunity for
18     incentives that qualify under the provisions of Section
19     605-725 of the Civil Administrative Code of Illinois.
20         No later than February 15 of each year, the Chairman of
21     the Metropolitan Pier and Exposition Authority shall
22     certify to the Department of Commerce and Economic
23     Opportunity, the State Comptroller, and the State
24     Treasurer the amounts provided during the previous
25     calendar year as incentives for conventions, meetings, or
26     trade shows that demonstrate registered attendance in



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1     excess of 10,000 individuals, and that but for the
2     incentive, would not have used the facilities of the
3     Authority for the convention, meeting, or trade show.
4     Subject to appropriation, on July 15 of each year the
5     Comptroller shall order transferred and the Treasurer
6     shall transfer into the Metropolitan Pier and Exposition
7     Authority Incentive Fund from the General Revenue Fund the
8     lesser of the amount certified by the Chairman or
9     $10,000,000. No later than 30 days after the transfer,
10     amounts in the Fund shall be paid by the Department of
11     Commerce and Economic Opportunity to the Authority to
12     reimburse the Authority for incentives paid to attract
13     large conventions, meetings, and trade shows to its
14     facilities in the previous calendar year as provided in
15     Section 605-725 of the Civil Administrative Code of
16     Illinois. Provided that all amounts certified by the
17     Authority have been paid, on the last day of each fiscal
18     year moneys remaining in the Fund shall be transferred to
19     the General Revenue Fund.
20      Nothing in this Act shall be construed to authorize the
21 Authority to spend the proceeds of any bonds or notes issued
22 under Section 13.2 or any taxes levied under Section 13 to
23 construct a stadium to be leased to or used by professional
24 sports teams.
25 (Source: P.A. 94-1055, eff. 1-1-07.)"; and



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1 on page 108, line 12, after "deficiencies", by inserting "in
2 such prior transfers,"; and
3 on page 108, line 16, by deleting "in such prior transfers,".