Full Text of SB1918 97th General Assembly
SB1918enr 97TH GENERAL ASSEMBLY |
| | SB1918 Enrolled | | LRB097 08390 PJG 48517 b |
|
| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Commerce and Economic | 5 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 6 | | amended by changing Sections 605-705 and 605-707 as follows:
| 7 | | (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
| 8 | | Sec. 605-705. Grants to local tourism and convention | 9 | | bureaus.
| 10 | | (a) To establish a grant program for local tourism and
| 11 | | convention bureaus. The Department will develop and implement a | 12 | | program
for the use of funds, as authorized under this Act, by | 13 | | local tourism and
convention bureaus. For the purposes of this | 14 | | Act,
bureaus eligible to receive funds are those local tourism | 15 | | and
convention bureaus that are (i) either units of local | 16 | | government or
incorporated as not-for-profit organizations; | 17 | | (ii) in legal existence
for a minimum of 2 years before July 1, | 18 | | 2001; (iii) operating with a
paid, full-time staff whose sole | 19 | | purpose is to promote tourism in the
designated service area; | 20 | | and (iv) affiliated with one or more
municipalities or counties | 21 | | that support the bureau with local hotel-motel
taxes. After | 22 | | July 1, 2001, bureaus requesting certification in
order to | 23 | | receive funds for the first time must be local tourism and
|
| | | SB1918 Enrolled | - 2 - | LRB097 08390 PJG 48517 b |
|
| 1 | | convention bureaus that are (i) either units of local | 2 | | government or
incorporated as not-for-profit organizations; | 3 | | (ii) in legal existence
for a minimum of 2 years before the | 4 | | request for certification; (iii)
operating with a paid, | 5 | | full-time staff whose sole purpose is to promote
tourism in the | 6 | | designated service area; and (iv) affiliated with
multiple | 7 | | municipalities or counties that support the bureau with local
| 8 | | hotel-motel taxes. Each bureau receiving funds under this Act | 9 | | will be
certified by the Department as the designated recipient | 10 | | to serve an area of
the State.
Notwithstanding the criteria set | 11 | | forth in this subsection (a), or any rule
adopted under this | 12 | | subsection (a), the Director of the Department may
provide for | 13 | | the award of grant funds to one or more entities if in the
| 14 | | Department's judgment that action is necessary in order to | 15 | | prevent a loss of
funding critical to promoting tourism in a | 16 | | designated geographic area of the
State.
| 17 | | (b) To distribute grants to local tourism and convention | 18 | | bureaus from
appropriations made from the Local Tourism Fund | 19 | | for that purpose. Of the
amounts appropriated annually to the | 20 | | Department for expenditure under this
Section prior to July 1, | 21 | | 2011 , one-third of those monies shall be used for grants to | 22 | | convention and
tourism bureaus in cities with a population | 23 | | greater than 500,000. The
remaining two-thirds of the annual | 24 | | appropriation prior to July 1, 2011 shall be used for grants to
| 25 | | convention and tourism bureaus in the
remainder of the State, | 26 | | in accordance with a formula based upon the
population served. |
| | | SB1918 Enrolled | - 3 - | LRB097 08390 PJG 48517 b |
|
| 1 | | Of the amounts appropriated annually to the Department for | 2 | | expenditure under this Section beginning July 1, 2011, 18% of | 3 | | such moneys shall be used for grants to convention and tourism | 4 | | bureaus in cities with a population greater than 500,000. Of | 5 | | the amounts appropriated annually to the Department for | 6 | | expenditure under this Section beginning July 1, 2011, 82% of | 7 | | such moneys shall be used for grants to convention bureaus in | 8 | | the remainder of the State, in accordance with a formula based | 9 | | upon the population served. The Department may reserve up to | 10 | | 10% of total
local tourism funds available for costs of | 11 | | administering the program to conduct audits of grants, to | 12 | | provide incentive funds to
those
bureaus that will conduct | 13 | | promotional activities designed to further the
Department's | 14 | | statewide advertising campaign, to fund special statewide
| 15 | | promotional activities, and to fund promotional activities | 16 | | that support an
increased use of the State's parks or historic | 17 | | sites.
| 18 | | (Source: P.A. 92-16, eff. 6-28-01;
92-38, eff. 6-28-01; 92-524, | 19 | | eff. 2-8-02; 93-25, eff. 6-20-03.)
| 20 | | (20 ILCS 605/605-707) (was 20 ILCS 605/46.6d)
| 21 | | Sec. 605-707. International Tourism Program.
| 22 | | (a) The Department of Commerce and Economic Opportunity | 23 | | must establish a
program for international tourism. The | 24 | | Department shall develop and
implement the program on January | 25 | | 1, 2000 by rule. As part of the program, the
Department may |
| | | SB1918 Enrolled | - 4 - | LRB097 08390 PJG 48517 b |
|
| 1 | | work in cooperation with local convention and tourism bureaus
| 2 | | in Illinois in the coordination of international tourism | 3 | | efforts at the State
and local level. The
Department may (i)
| 4 | | work in cooperation with local convention and tourism bureaus | 5 | | for efficient use
of their international tourism marketing
| 6 | | resources, (ii) promote
Illinois in international meetings and | 7 | | tourism markets, (iii) work with
convention and tourism bureaus | 8 | | throughout the State to increase the number of
international | 9 | | tourists to Illinois, (iv) provide training,
research, | 10 | | technical support, and grants to certified convention and
| 11 | | tourism bureaus, (v) provide staff, administration, and | 12 | | related support
required to manage the programs under this | 13 | | Section, and (vi) provide grants
for the development of or the | 14 | | enhancement of
international tourism
attractions.
| 15 | | (b) The Department shall make grants for expenses related | 16 | | to international
tourism and pay for the staffing,
| 17 | | administration, and related support from the International
| 18 | | Tourism Fund, a special fund created in the State Treasury. Of | 19 | | the amounts
deposited into the Fund in fiscal year 2000 after | 20 | | January 1, 2000 through fiscal year 2011 , 55% shall be
used for | 21 | | grants to convention and tourism bureaus in Chicago (other than | 22 | | the
City of Chicago's Office of Tourism) and 45% shall be used | 23 | | for development of
international tourism in areas outside of | 24 | | Chicago. Of the amounts
deposited into the Fund in fiscal year | 25 | | 2001 and thereafter, 55% shall be used
for grants to convention | 26 | | and tourism bureaus in Chicago, and of that amount not
less |
| | | SB1918 Enrolled | - 5 - | LRB097 08390 PJG 48517 b |
|
| 1 | | than
27.5% shall be used
for
grants to convention and tourism | 2 | | bureaus in Chicago other than the
City of Chicago's Office of | 3 | | Tourism, and 45%
shall be
used for administrative expenses and | 4 | | grants authorized under this Section and
development of | 5 | | international tourism in areas outside of Chicago, of which not
| 6 | | less than $1,000,000
shall be used annually to make grants to | 7 | | convention and tourism bureaus in
cities other than Chicago | 8 | | that demonstrate their international tourism appeal
and | 9 | | request to develop or expand their international tourism | 10 | | marketing
program, and may also be used to provide grants under | 11 | | item (vi) of subsection
(a) of
this Section. All of the amounts | 12 | | deposited into the Fund in fiscal year 2012 and thereafter | 13 | | shall be used for administrative expenses and grants authorized | 14 | | under this Section and development of international tourism in | 15 | | areas outside of Chicago, of which not less than $1,000,000 | 16 | | shall be used annually to make grants to convention and tourism | 17 | | bureaus in cities other than Chicago that demonstrate their | 18 | | international tourism appeal and request to develop or expand | 19 | | their international tourism marketing program, and may also be | 20 | | used to provide grants under item (vi) of subsection (a) of | 21 | | this Section. Amounts appropriated to the State Comptroller for | 22 | | administrative expenses and grants authorized by the Illinois | 23 | | Global Partnership Act are payable from the International | 24 | | Tourism Fund.
| 25 | | (c) A convention and tourism bureau is eligible to receive | 26 | | grant moneys
under this Section if the bureau is certified to |
| | | SB1918 Enrolled | - 6 - | LRB097 08390 PJG 48517 b |
|
| 1 | | receive funds under Title 14
of the Illinois Administrative | 2 | | Code, Section 550.35. To be eligible for a
grant, a convention | 3 | | and tourism bureau must provide matching funds equal to the
| 4 | | grant amount. In certain
circumstances as determined by the | 5 | | Director of Commerce and Economic Opportunity,
however, the | 6 | | City of
Chicago's
Office of Tourism or any other convention and | 7 | | tourism bureau
may provide
matching funds equal to no less than | 8 | | 50% of the grant amount to be
eligible to
receive
the grant.
| 9 | | One-half of this 50% may be provided through in-kind | 10 | | contributions.
Grants received by the City of Chicago's Office | 11 | | of Tourism and by convention
and tourism bureaus in Chicago may | 12 | | be expended for the general purposes of
promoting conventions | 13 | | and tourism.
| 14 | | (Source: P.A. 94-91, eff. 7-1-05.)
| 15 | | (20 ILCS 605/605-725 rep.) | 16 | | Section 10. The Department of Commerce and Economic | 17 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 18 | | amended by repealing Section 605-725. | 19 | | Section 12. The State Finance Act is amended by adding | 20 | | Section 5.786 as follows: | 21 | | (30 ILCS 105/5.786 new) | 22 | | Sec. 5.786. The Chicago Travel Industry Promotion Fund. |
| | | SB1918 Enrolled | - 7 - | LRB097 08390 PJG 48517 b |
|
| 1 | | Section 15. The Hotel Operators' Occupation Tax Act is | 2 | | amended by changing Section 6 as follows:
| 3 | | (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
| 4 | | Sec. 6. Except as provided hereinafter in this Section, on | 5 | | or before
the last day of each calendar month, every person | 6 | | engaged in the
business of renting, leasing or letting rooms in | 7 | | a hotel in this State
during the preceding calendar month shall | 8 | | file a return with the
Department, stating:
| 9 | | 1. The name of the operator;
| 10 | | 2. His residence address and the address of his | 11 | | principal place of
business and the address of the | 12 | | principal place of business (if that is
a different | 13 | | address) from which he engages in the business of renting,
| 14 | | leasing or letting rooms in a hotel in this State;
| 15 | | 3. Total amount of rental receipts received by him | 16 | | during the
preceding calendar month from renting, leasing | 17 | | or letting rooms during
such preceding calendar month;
| 18 | | 4. Total amount of rental receipts received by him | 19 | | during the
preceding calendar month from renting, leasing | 20 | | or letting rooms to
permanent residents during such | 21 | | preceding calendar month;
| 22 | | 5. Total amount of other exclusions from gross rental | 23 | | receipts
allowed by this Act;
| 24 | | 6. Gross rental receipts which were received by him | 25 | | during the
preceding calendar month and upon the basis of |
| | | SB1918 Enrolled | - 8 - | LRB097 08390 PJG 48517 b |
|
| 1 | | which the tax is imposed;
| 2 | | 7. The amount of tax due;
| 3 | | 8. Such other reasonable information as the Department | 4 | | may require.
| 5 | | If the operator's average monthly tax liability to the | 6 | | Department
does not exceed $200, the Department may authorize | 7 | | his returns to be
filed on a quarter annual basis, with the | 8 | | return for January, February
and March of a given year being | 9 | | due by April 30 of such year; with the
return for April, May | 10 | | and June of a given year being due by July 31 of
such year; with | 11 | | the return for July, August and September of a given
year being | 12 | | due by October 31 of such year, and with the return for
| 13 | | October, November and December of a given year being due by | 14 | | January 31
of the following year.
| 15 | | If the operator's average monthly tax liability to the | 16 | | Department
does not exceed $50, the Department may authorize | 17 | | his returns to be
filed on an annual basis, with the return for | 18 | | a given year being due by
January 31 of the following year.
| 19 | | Such quarter annual and annual returns, as to form and | 20 | | substance,
shall be subject to the same requirements as monthly | 21 | | returns.
| 22 | | Notwithstanding any other provision in this Act concerning | 23 | | the time
within which an operator may file his return, in the | 24 | | case of any
operator who ceases to engage in a kind of business | 25 | | which makes him
responsible for filing returns under this Act, | 26 | | such operator shall file
a final return under this Act with the |
| | | SB1918 Enrolled | - 9 - | LRB097 08390 PJG 48517 b |
|
| 1 | | Department not more than 1 month
after discontinuing such | 2 | | business.
| 3 | | Where the same person has more than 1 business registered | 4 | | with the
Department under separate registrations under this | 5 | | Act, such person
shall not file each return that is due as a | 6 | | single return covering all
such registered businesses, but | 7 | | shall file separate returns for each
such registered business.
| 8 | | In his return, the operator shall determine the value of | 9 | | any
consideration other than money received by him in | 10 | | connection with the
renting, leasing or letting of rooms in the | 11 | | course of his business and
he shall include such value in his | 12 | | return. Such determination shall be
subject to review and | 13 | | revision by the Department in the manner
hereinafter provided | 14 | | for the correction of returns.
| 15 | | Where the operator is a corporation, the return filed on | 16 | | behalf of
such corporation shall be signed by the president, | 17 | | vice-president,
secretary or treasurer or by the properly | 18 | | accredited agent of such
corporation.
| 19 | | The person filing the return herein provided for shall, at | 20 | | the time of
filing such return, pay to the Department the | 21 | | amount of tax herein imposed.
The operator filing the return | 22 | | under this Section shall, at the time of
filing such return, | 23 | | pay to the Department the amount of tax imposed by this
Act | 24 | | less a discount of 2.1% or $25 per calendar year, whichever is | 25 | | greater,
which is allowed to reimburse the operator for the | 26 | | expenses incurred in
keeping records, preparing and filing |
| | | SB1918 Enrolled | - 10 - | LRB097 08390 PJG 48517 b |
|
| 1 | | returns, remitting the tax and
supplying data to the Department | 2 | | on request.
| 3 | | There shall be deposited in the Build Illinois Fund in the | 4 | | State
Treasury for each State fiscal year 40% of the amount of | 5 | | total
net proceeds from the tax imposed by subsection (a) of | 6 | | Section 3.
Of the remaining 60%, $5,000,000 shall be deposited | 7 | | in the Illinois
Sports Facilities Fund and credited to the | 8 | | Subsidy Account each fiscal
year by making monthly deposits in | 9 | | the amount of 1/8 of $5,000,000 plus
cumulative deficiencies in | 10 | | such deposits for prior months, and an
additional $8,000,000 | 11 | | shall be deposited in the Illinois Sports Facilities
Fund and | 12 | | credited to the Advance Account each fiscal year by making | 13 | | monthly
deposits in the amount of 1/8 of $8,000,000 plus any | 14 | | cumulative deficiencies
in such deposits for prior months; | 15 | | provided, that for fiscal years ending
after June 30, 2001, the | 16 | | amount to be so deposited into the Illinois
Sports Facilities | 17 | | Fund and credited to the Advance Account each fiscal year
shall | 18 | | be increased from $8,000,000 to the then applicable Advance | 19 | | Amount and
the required monthly deposits beginning with July | 20 | | 2001 shall be in the amount
of 1/8 of the then applicable | 21 | | Advance Amount plus any cumulative deficiencies
in those | 22 | | deposits for prior months. (The deposits of the additional | 23 | | $8,000,000
or the then applicable Advance Amount, as | 24 | | applicable,
during each fiscal year shall be treated as | 25 | | advances
of funds to the Illinois Sports Facilities Authority | 26 | | for its corporate
purposes to the extent paid to the Authority |
| | | SB1918 Enrolled | - 11 - | LRB097 08390 PJG 48517 b |
|
| 1 | | or its trustee and shall be
repaid into the General Revenue | 2 | | Fund in the State Treasury by the State
Treasurer on behalf of | 3 | | the Authority pursuant to Section 19 of the Illinois
Sports | 4 | | Facilities Authority Act, as amended. If in any fiscal year the | 5 | | full
amount of the then applicable Advance Amount
is not repaid | 6 | | into the General Revenue Fund, then the deficiency shall be | 7 | | paid
from the amount in the Local Government Distributive Fund | 8 | | that would otherwise
be allocated to the City of Chicago under | 9 | | the State Revenue Sharing Act.)
| 10 | | For purposes of the foregoing paragraph, the term "Advance | 11 | | Amount"
means, for fiscal year 2002, $22,179,000, and for | 12 | | subsequent fiscal years
through fiscal year 2032, 105.615% of | 13 | | the Advance Amount for the immediately
preceding fiscal year, | 14 | | rounded up to the nearest $1,000.
| 15 | | Of the remaining 60% of the amount of total net proceeds | 16 | | prior to August 1, 2011 from the tax
imposed by subsection (a) | 17 | | of Section 3 after all required deposits in the
Illinois Sports | 18 | | Facilities Fund, the amount equal to 8% of the net revenue
| 19 | | realized from this the Hotel Operators' Occupation Tax Act plus | 20 | | an amount equal to
8% of the net revenue realized from any tax | 21 | | imposed under Section 4.05 of the
Chicago World's Fair-1992 | 22 | | Authority Act during the preceding month shall be
deposited in | 23 | | the Local Tourism Fund each month for purposes authorized by
| 24 | | Section 605-705 of the Department of Commerce and Economic | 25 | | Opportunity Law (20 ILCS 605/605-705) . Of the remaining 60% of | 26 | | the amount of total net proceeds beginning on August 1, 2011 |
| | | SB1918 Enrolled | - 12 - | LRB097 08390 PJG 48517 b |
|
| 1 | | from the tax imposed by subsection (a) of Section 3 after all | 2 | | required deposits in the Illinois Sports Facilities Fund, an | 3 | | amount equal to 8% of the net revenue realized from this Act | 4 | | plus an amount equal to 8% of the net revenue realized from any | 5 | | tax imposed under Section 4.05 of the Chicago World's Fair-1992 | 6 | | Authority Act during the preceding month shall be deposited as | 7 | | follows: 18% of such amount shall be deposited into the Chicago | 8 | | Travel Industry Promotion Fund for the purposes described in | 9 | | subsection (n) of Section 5 of the Metropolitan Pier and | 10 | | Exposition Authority Act and the remaining 82% of such amount | 11 | | shall be deposited into the Local Tourism Fund each month for | 12 | | purposes authorized by Section 605-705 of the Department of | 13 | | Commerce and Economic Opportunity Law. Beginning on ,
and | 14 | | beginning August 1, 1999 and ending on July 31, 2011 , an the | 15 | | amount equal to 4.5% of the net revenue
realized from the Hotel | 16 | | Operators' Occupation Tax Act during the preceding
month shall | 17 | | be deposited into the International Tourism Fund for the | 18 | | purposes
authorized in Section 605-707 of the Department of | 19 | | Commerce
and Economic Opportunity Law. Beginning on August 1, | 20 | | 2011, an amount equal to 4.5% of the net revenue realized from | 21 | | this Act during the preceding month shall be deposited as | 22 | | follows: 55% of such amount shall be deposited into the Chicago | 23 | | Travel Industry Promotion Fund for the purposes described in | 24 | | subsection (n) of Section 5 of the Metropolitan Pier and | 25 | | Exposition Authority Act and the remaining 45% of such amount | 26 | | deposited into the International Tourism Fund for the purposes |
| | | SB1918 Enrolled | - 13 - | LRB097 08390 PJG 48517 b |
|
| 1 | | authorized in Section 605-707 of the Department of Commerce and | 2 | | Economic Opportunity Law. "Net
revenue realized for a month" | 3 | | means the revenue collected by the State under
that Act during | 4 | | the previous month less the amount paid out during that same
| 5 | | month as refunds to taxpayers for overpayment of liability | 6 | | under that Act.
| 7 | | After making all these deposits, all other proceeds of the | 8 | | tax imposed under
subsection (a) of Section 3 shall be | 9 | | deposited in the General Revenue Fund in
the State Treasury. | 10 | | All moneys received by the Department from the additional
tax | 11 | | imposed under subsection (b) of Section 3 shall be deposited | 12 | | into the Build
Illinois Fund in the State Treasury.
| 13 | | The Department may, upon separate written notice to a | 14 | | taxpayer, require
the taxpayer to prepare and file with the | 15 | | Department on a form prescribed
by the Department within not | 16 | | less than 60 days after receipt of the notice
an annual | 17 | | information return for the tax year specified in the notice.
| 18 | | Such annual return to the Department shall include a statement | 19 | | of gross
receipts as shown by the operator's last State income | 20 | | tax return. If the
total receipts of the business as reported | 21 | | in the State income tax return
do not agree with the gross | 22 | | receipts reported to the Department for the
same period, the | 23 | | operator shall attach to his annual information return a
| 24 | | schedule showing a reconciliation of the 2 amounts and the | 25 | | reasons for the
difference. The operator's annual information | 26 | | return to the Department
shall also disclose pay roll |
| | | SB1918 Enrolled | - 14 - | LRB097 08390 PJG 48517 b |
|
| 1 | | information of the operator's business during
the year covered | 2 | | by such return and any additional reasonable information
which | 3 | | the Department deems would be helpful in determining the | 4 | | accuracy of
the monthly, quarterly or annual tax returns by | 5 | | such operator as
hereinbefore provided for in this Section.
| 6 | | If the annual information return required by this Section | 7 | | is not filed
when and as required the taxpayer shall be liable | 8 | | for a penalty in an
amount determined in accordance with | 9 | | Section 3-4 of the Uniform Penalty and
Interest Act until such | 10 | | return is filed as required, the penalty to be
assessed and | 11 | | collected in the same manner as any other penalty provided
for | 12 | | in this Act.
| 13 | | The chief executive officer, proprietor, owner or highest | 14 | | ranking manager
shall sign the annual return to certify the | 15 | | accuracy of the information
contained therein. Any person who | 16 | | willfully signs the annual return containing
false or | 17 | | inaccurate information shall be guilty of perjury and punished
| 18 | | accordingly. The annual return form prescribed by the | 19 | | Department shall
include a warning that the person signing the | 20 | | return may be liable for perjury.
| 21 | | The foregoing portion of this Section concerning the filing | 22 | | of an annual
information return shall not apply to an operator | 23 | | who is not required to
file an income tax return with the | 24 | | United States Government.
| 25 | | (Source: P.A. 95-331, eff. 8-21-07.)
|
| | | SB1918 Enrolled | - 15 - | LRB097 08390 PJG 48517 b |
|
| 1 | | Section 20. The Metropolitan Pier and Exposition Authority | 2 | | Act is amended by changing Section 5 as follows: | 3 | | (70 ILCS 210/5) (from Ch. 85, par. 1225) | 4 | | Sec. 5. The Metropolitan Pier and Exposition Authority | 5 | | shall also have the
following rights and powers: | 6 | | (a) To accept from Chicago Park Fair, a corporation, an | 7 | | assignment of
whatever sums of money it may have received | 8 | | from the Fair and Exposition
Fund, allocated by the | 9 | | Department of Agriculture of the State of Illinois,
and | 10 | | Chicago Park Fair is hereby authorized to assign, set over | 11 | | and transfer
any of those funds to the Metropolitan Pier | 12 | | and Exposition Authority. The
Authority has the right and | 13 | | power hereafter to receive sums as may be
distributed to it | 14 | | by the Department of Agriculture of the State of Illinois
| 15 | | from the Fair and Exposition Fund pursuant to the | 16 | | provisions of Sections 5,
6i, and 28 of the State Finance | 17 | | Act. All sums received by the Authority
shall be held in | 18 | | the sole custody of the secretary-treasurer of the
| 19 | | Metropolitan Pier and Exposition Board. | 20 | | (b) To accept the assignment of, assume and execute any | 21 | | contracts
heretofore entered into by Chicago Park Fair. | 22 | | (c) To acquire, own, construct, equip, lease, operate | 23 | | and maintain
grounds, buildings and facilities to carry out | 24 | | its corporate purposes and
duties, and to carry out or | 25 | | otherwise provide for the recreational,
cultural, |
| | | SB1918 Enrolled | - 16 - | LRB097 08390 PJG 48517 b |
|
| 1 | | commercial or residential development of Navy Pier, and to | 2 | | fix
and collect just, reasonable and nondiscriminatory | 3 | | charges for the use
thereof. The charges so collected shall | 4 | | be made available to defray the
reasonable expenses of the | 5 | | Authority and to pay the principal of and the
interest upon | 6 | | any revenue bonds issued by the Authority. The Authority
| 7 | | shall be subject to and comply with the Lake Michigan and | 8 | | Chicago Lakefront
Protection Ordinance, the Chicago | 9 | | Building Code, the Chicago Zoning
Ordinance, and all | 10 | | ordinances and regulations of the City of Chicago
contained | 11 | | in the following Titles of the Municipal Code of Chicago:
| 12 | | Businesses, Occupations and Consumer Protection; Health | 13 | | and Safety; Fire
Prevention; Public Peace, Morals and | 14 | | Welfare; Utilities
and Environmental Protection; Streets, | 15 | | Public Ways, Parks, Airports and
Harbors; Electrical | 16 | | Equipment and Installation; Housing and Economic
| 17 | | Development (only Chapter 5-4 thereof); and Revenue and | 18 | | Finance (only so far
as such Title pertains to the | 19 | | Authority's duty to collect taxes on behalf
of the City of | 20 | | Chicago). | 21 | | (d) To enter into contracts treating in any manner with | 22 | | the objects and
purposes of this Act. | 23 | | (e) To lease any buildings to the Adjutant General of | 24 | | the State of
Illinois for the use of the Illinois National | 25 | | Guard or the Illinois
Naval Militia. | 26 | | (f) To exercise the right of eminent domain by |
| | | SB1918 Enrolled | - 17 - | LRB097 08390 PJG 48517 b |
|
| 1 | | condemnation proceedings
in the manner provided by the | 2 | | Eminent Domain Act,
including, with respect to Site B only, | 3 | | the authority to exercise quick
take condemnation by | 4 | | immediate vesting of title under Article 20 of the Eminent | 5 | | Domain Act, to acquire any privately
owned real or personal | 6 | | property and, with respect to Site B only, public
property | 7 | | used for rail transportation purposes (but no such taking | 8 | | of such
public property shall, in the reasonable judgment | 9 | | of the owner, interfere
with such rail transportation) for | 10 | | the lawful purposes of the Authority in
Site A, at Navy | 11 | | Pier, and at Site B. Just compensation for property taken
| 12 | | or acquired under this paragraph shall be paid in money or, | 13 | | notwithstanding
any other provision of this Act and with | 14 | | the agreement of the owner of the
property to be taken or | 15 | | acquired, the Authority may convey substitute
property or | 16 | | interests in property or enter into agreements with the
| 17 | | property owner, including leases, licenses, or | 18 | | concessions, with respect to
any property owned by the | 19 | | Authority, or may provide for other lawful forms
of just | 20 | | compensation to the owner. Any property acquired in | 21 | | condemnation
proceedings shall be used only as provided in | 22 | | this Act. Except as
otherwise provided by law, the City of | 23 | | Chicago shall have a right of first
refusal prior to any | 24 | | sale of any such property by the Authority to a third
party | 25 | | other than substitute property. The Authority shall | 26 | | develop and
implement a relocation plan for businesses |
| | | SB1918 Enrolled | - 18 - | LRB097 08390 PJG 48517 b |
|
| 1 | | displaced as a result of the
Authority's acquisition of | 2 | | property. The relocation plan shall be
substantially | 3 | | similar to provisions of the Uniform Relocation Assistance
| 4 | | and Real Property Acquisition Act and regulations | 5 | | promulgated under that
Act relating to assistance to | 6 | | displaced businesses. To implement the
relocation plan the | 7 | | Authority may acquire property by purchase or gift or
may | 8 | | exercise the powers authorized in this subsection (f), | 9 | | except the
immediate vesting of title under Article 20 of | 10 | | the Eminent Domain Act, to acquire substitute private | 11 | | property within one mile
of Site B for the benefit of | 12 | | displaced businesses located on property being
acquired by | 13 | | the Authority. However, no such substitute property may be
| 14 | | acquired by the Authority unless the mayor of the | 15 | | municipality in which the
property is located certifies in | 16 | | writing that the acquisition is consistent
with the | 17 | | municipality's land use and economic development policies | 18 | | and
goals. The acquisition of substitute property is | 19 | | declared to be for public
use. In exercising the powers | 20 | | authorized in this subsection (f), the
Authority shall use | 21 | | its best efforts to relocate businesses within the area
of | 22 | | McCormick Place or, failing that, within the City of | 23 | | Chicago. | 24 | | (g) To enter into contracts relating to construction | 25 | | projects which
provide for the delivery by the contractor | 26 | | of a completed project,
structure, improvement, or |
| | | SB1918 Enrolled | - 19 - | LRB097 08390 PJG 48517 b |
|
| 1 | | specific portion thereof, for a fixed maximum
price, which | 2 | | contract may provide that the delivery of the project,
| 3 | | structure, improvement, or specific portion thereof, for | 4 | | the fixed maximum
price is insured or guaranteed by a third | 5 | | party capable of completing
the construction. | 6 | | (h) To enter into agreements with any person with | 7 | | respect to the use
and occupancy of the grounds, buildings, | 8 | | and facilities of the Authority,
including concession, | 9 | | license, and lease agreements on terms and conditions as
| 10 | | the Authority determines. Notwithstanding Section 24, | 11 | | agreements with respect
to the use and occupancy of the | 12 | | grounds, buildings, and facilities of the
Authority for a | 13 | | term of more than one year shall be entered into in | 14 | | accordance
with the procurement process provided for in | 15 | | Section 25.1. | 16 | | (i) To enter into agreements with any person with | 17 | | respect to the
operation and management of the grounds, | 18 | | buildings, and facilities of the
Authority or the provision | 19 | | of goods and services on terms and
conditions as the | 20 | | Authority determines. | 21 | | (j) After conducting the procurement process provided | 22 | | for in Section 25.1,
to enter into one or more contracts to | 23 | | provide for the design and
construction of all or part of | 24 | | the Authority's Expansion Project grounds,
buildings, and | 25 | | facilities. Any contract for design and construction of the
| 26 | | Expansion Project shall be in the form authorized by |
| | | SB1918 Enrolled | - 20 - | LRB097 08390 PJG 48517 b |
|
| 1 | | subsection (g), shall
be for a fixed maximum price not in | 2 | | excess of the funds that are authorized
to be made | 3 | | available
for those purposes during the term of the | 4 | | contract, and shall be entered
into before commencement of | 5 | | construction. | 6 | | (k) To enter into agreements, including project | 7 | | agreements with labor
unions, that the Authority deems | 8 | | necessary to complete the Expansion Project
or any other | 9 | | construction or improvement project in the most timely
and | 10 | | efficient manner and without strikes, picketing, or other | 11 | | actions that
might cause disruption or delay and thereby | 12 | | add to the cost of the project. | 13 | | (l) To provide incentives to organizations and | 14 | | entities that agree to make use of the grounds, buildings, | 15 | | and facilities of the Authority for conventions, meetings, | 16 | | or trade shows. The incentives may take the form of | 17 | | discounts from regular fees charged by the Authority, | 18 | | subsidies for or assumption of the costs incurred with | 19 | | respect to the convention, meeting, or trade show, or other | 20 | | inducements. The Authority shall award be reimbursed by the | 21 | | Department of Commerce and Economic Opportunity for | 22 | | incentives to attract large conventions, meetings, and | 23 | | trade shows to its facilities that qualify under the terms | 24 | | set forth in this subsection (l) from amounts appropriated | 25 | | to the Authority from the Metropolitan Pier and Exposition | 26 | | Authority Incentive Fund for this purpose provisions of |
| | | SB1918 Enrolled | - 21 - | LRB097 08390 PJG 48517 b |
|
| 1 | | Section 605-725 of the Civil Administrative Code of | 2 | | Illinois . | 3 | | No later than May February 15 of each year, the Chief | 4 | | Executive Officer Chairman of the Metropolitan Pier and | 5 | | Exposition Authority shall certify to the Department of | 6 | | Commerce and Economic Opportunity, the State Comptroller , | 7 | | and the State Treasurer the amounts of incentive grant | 8 | | funds used provided during the current fiscal previous | 9 | | calendar year to provide as incentives for conventions, | 10 | | meetings, or trade shows that (i) have been approved by the | 11 | | Authority , in consultation with an organization meeting | 12 | | the qualifications set out in Section 5.6 of this Act, | 13 | | provided the Authority has entered into a marketing | 14 | | agreement with such an organization and the Department of | 15 | | Commerce and Economic Opportunity , (ii) demonstrate | 16 | | registered attendance in excess of 5,000 individuals or in | 17 | | excess of 10,000 individuals, as appropriate, and (iii) but | 18 | | for the incentive, would not have used the facilities of | 19 | | the Authority for the convention, meeting, or trade show. | 20 | | The State Comptroller Department of Commerce and Economic | 21 | | Opportunity may request that the Auditor General conduct an | 22 | | audit of the accuracy of the certification. If the State | 23 | | Comptroller determines by this process of certification | 24 | | that incentive funds, in whole or in part, were disbursed | 25 | | by the Authority by means other than in accordance with the | 26 | | standards of this subsection (l), then any amount |
| | | SB1918 Enrolled | - 22 - | LRB097 08390 PJG 48517 b |
|
| 1 | | transferred to the Metropolitan Pier and Exposition | 2 | | Authority Incentive Fund shall be reduced during the next | 3 | | subsequent transfer in direct proportion to that amount | 4 | | determined to be in violation of the terms set forth in | 5 | | this subsection (l). | 6 | | On July 15, 2012, Subject to appropriation, on July 15 | 7 | | of each year the Comptroller shall order transferred , and | 8 | | the Treasurer shall transfer , into the Metropolitan Pier | 9 | | and Exposition Authority Incentive Fund from the General | 10 | | Revenue Fund the sum of $7,500,000 plus an amount equal to | 11 | | the incentive grant funds certified by the Chief Executive | 12 | | Officer as having been lawfully paid under the provisions | 13 | | of this Section in the previous 2 fiscal years that have | 14 | | not otherwise been transferred into the Metropolitan Pier | 15 | | and Exposition Authority Incentive Fund, provided that | 16 | | transfers in excess of $15,000,000 shall not be made in any | 17 | | fiscal year the lesser of the amount certified by the | 18 | | Chairman or $15,000,000 . | 19 | | On July 15, 2013, the Comptroller shall order | 20 | | transferred, and the Treasurer shall transfer, into the | 21 | | Metropolitan Pier and Exposition Authority Incentive Fund | 22 | | from the General Revenue Fund the sum of $7,500,000 plus an | 23 | | amount equal to the incentive grant funds certified by the | 24 | | Chief Executive Officer as having been lawfully paid under | 25 | | the provisions of this Section in the previous fiscal year | 26 | | that have not otherwise been transferred into the |
| | | SB1918 Enrolled | - 23 - | LRB097 08390 PJG 48517 b |
|
| 1 | | Metropolitan Pier and Exposition Authority Incentive Fund, | 2 | | provided that transfers in excess of $15,000,000 shall not | 3 | | be made in any fiscal year. | 4 | | On July 15, 2014, and every year thereafter, 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 an | 8 | | amount equal to the incentive grant funds certified by the | 9 | | Chief Executive Officer as having been lawfully paid under | 10 | | the provisions of this Section in the previous fiscal year | 11 | | that have not otherwise been transferred into the | 12 | | Metropolitan Pier and Exposition Authority Incentive Fund, | 13 | | provided that transfers in excess of $15,000,000 shall not | 14 | | be made in any fiscal year. | 15 | | After a transfer has been made under this subsection | 16 | | (l), the Chief Executive Officer shall file a request for | 17 | | payment with the Comptroller evidencing that the incentive | 18 | | grants have been made and the Comptroller shall thereafter | 19 | | order paid, and the Treasurer shall pay, the requested | 20 | | amounts to the Metropolitan Pier and Exposition Authority. | 21 | | In no case shall more than $5,000,000 be used in any | 22 | | one year by the Authority for to reimburse incentives | 23 | | granted conventions, meetings, or trade shows with a | 24 | | registered attendance of more than 5,000 and less than | 25 | | 10,000. Amounts No later than 30 days after the transfer, | 26 | | amounts in the Metropolitan Pier and Exposition Authority |
| | | SB1918 Enrolled | - 24 - | LRB097 08390 PJG 48517 b |
|
| 1 | | Incentive Fund shall only be used by the Authority paid by | 2 | | the Department of Commerce and Economic Opportunity to the | 3 | | Authority to reimburse the Authority for incentives paid to | 4 | | attract large conventions, meetings, and trade shows to its | 5 | | facilities in the previous calendar year as provided in | 6 | | this subsection (l) Section 605-725 of the Civil | 7 | | Administrative Code of Illinois. Provided that all amounts | 8 | | certified by the Authority have been paid, on the last day | 9 | | of each fiscal year moneys remaining in the Fund shall be | 10 | | transferred to the General Revenue Fund . | 11 | | (l-5) The Village of Rosemont shall provide incentives | 12 | | from amounts transferred into the Convention Center | 13 | | Support Fund to retain and attract conventions, meetings, | 14 | | or trade shows to the Donald E. Stephens Convention Center | 15 | | under the terms set forth in this subsection (l-5). | 16 | | No later than May 15 of each year, the Mayor of the | 17 | | Village of Rosemont or his or her designee shall certify to | 18 | | the State Comptroller and the State Treasurer the amounts | 19 | | of incentive grant funds used during the previous fiscal | 20 | | year to provide incentives for conventions, meetings, or | 21 | | trade shows that (1) have been approved by the Village, (2) | 22 | | demonstrate registered attendance in excess of 5,000 | 23 | | individuals, and (3) but for the incentive, would not have | 24 | | used the Donald E. Stephens Convention Center facilities | 25 | | for the convention, meeting, or trade show. The State | 26 | | Comptroller may request that the Auditor General conduct an |
| | | SB1918 Enrolled | - 25 - | LRB097 08390 PJG 48517 b |
|
| 1 | | audit of the accuracy of the certification. | 2 | | If the State Comptroller determines by this process of | 3 | | certification that incentive funds, in whole or in part, | 4 | | were disbursed by the Village by means other than in | 5 | | accordance with the standards of this subsection (l-5), | 6 | | then the amount transferred to the Convention Center | 7 | | Support Fund shall be reduced during the next subsequent | 8 | | transfer in direct proportion to that amount determined to | 9 | | be in violation of the terms set forth in this subsection | 10 | | (l-5). | 11 | | On July 15, 2012, and each year thereafter, the | 12 | | Comptroller shall order transferred, and the Treasurer | 13 | | shall transfer, into the Convention Center Support Fund | 14 | | from the General Revenue Fund the amount of $5,000,000 for | 15 | | incentives to attract large conventions, meetings, and | 16 | | trade shows to the Donald E. Stephens Convention Center. No | 17 | | later than 30 days after the transfer, the Comptroller | 18 | | shall order paid, and the Treasurer shall pay, to the | 19 | | Village of Rosemont the amounts transferred. | 20 | | (m) To enter into contracts with any person conveying | 21 | | the naming rights or other intellectual property rights | 22 | | with respect to the grounds, buildings, and facilities of | 23 | | the Authority. | 24 | | (n) To enter into grant agreements with the Chicago | 25 | | Convention and Tourism Bureau providing for the marketing | 26 | | of the convention facilities to large and small |
| | | SB1918 Enrolled | - 26 - | LRB097 08390 PJG 48517 b |
|
| 1 | | conventions, meetings, and trade shows and the promotion of | 2 | | the travel industry in the City of Chicago , provided such | 3 | | agreements meet the requirements of Section 5.6 of this | 4 | | Act. Receipts of the Authority from the increase in the | 5 | | airport departure tax authorized by Section 13(f) of this | 6 | | amendatory Act of the 96th General Assembly and, subject to | 7 | | appropriation to the Authority, funds deposited in the | 8 | | Chicago Travel Industry Promotion Fund pursuant to Section | 9 | | 6 of the Hotel Operators' Occupation Tax Act shall be | 10 | | granted to the Bureau for such purposes. | 11 | | Nothing in this Act shall be construed to authorize the | 12 | | Authority to spend
the proceeds of any bonds or notes issued | 13 | | under Section 13.2 or any taxes
levied under Section 13 to | 14 | | construct a stadium to be leased to or used by
professional | 15 | | sports teams. | 16 | | (Source: P.A. 96-739, eff. 1-1-10; 96-898, eff. 5-27-10.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
|
|