Full Text of SB1850 102nd General Assembly
SB1850sam001 102ND GENERAL ASSEMBLY | Sen. Mattie Hunter Filed: 3/26/2021
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| 1 | | AMENDMENT TO SENATE BILL 1850
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1850 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Metropolitan Pier and Exposition Authority | 5 | | Act 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 | 8 | | shall 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 |
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| 1 | | to it by the Department of Agriculture of the State of | 2 | | Illinois
from the Fair and Exposition Fund pursuant to the | 3 | | provisions of Sections 5,
6i, and 28 of the State Finance | 4 | | Act. All sums received by the Authority
shall be held in | 5 | | the sole custody of the secretary-treasurer of the
| 6 | | Metropolitan Pier and Exposition Board. | 7 | | (b) To accept the assignment of, assume and execute | 8 | | any contracts
heretofore entered into by Chicago Park | 9 | | Fair. | 10 | | (c) To acquire, own, construct, equip, lease, operate | 11 | | and maintain
grounds, buildings and facilities to carry | 12 | | out its corporate purposes and
duties, and to carry out or | 13 | | otherwise provide for the recreational,
cultural, | 14 | | commercial or residential development of Navy Pier, and to | 15 | | fix
and collect just, reasonable and nondiscriminatory | 16 | | charges for the use
thereof. The charges so collected | 17 | | shall be made available to defray the
reasonable expenses | 18 | | of the Authority and to pay the principal of and the
| 19 | | interest upon any revenue bonds issued by the Authority. | 20 | | The Authority
shall be subject to and comply with the Lake | 21 | | Michigan and Chicago Lakefront
Protection Ordinance, the | 22 | | Chicago Building Code, the Chicago Zoning
Ordinance, and | 23 | | all ordinances and regulations of the City of Chicago
| 24 | | contained in the following Titles of the Municipal Code of | 25 | | Chicago:
Businesses, Occupations and Consumer Protection; | 26 | | Health and Safety; Fire
Prevention; Public Peace, Morals |
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| 1 | | and Welfare; Utilities
and Environmental Protection; | 2 | | Streets, Public Ways, Parks, Airports and
Harbors; | 3 | | Electrical Equipment and Installation; Housing and | 4 | | Economic
Development (only Chapter 5-4 thereof); and | 5 | | Revenue and Finance (only so far
as such Title pertains to | 6 | | the Authority's duty to collect taxes on behalf
of the | 7 | | City of Chicago). | 8 | | (d) To enter into contracts treating in any manner | 9 | | with the objects and
purposes of this Act. | 10 | | (e) To lease any buildings to the Adjutant General of | 11 | | the State of
Illinois for the use of the Illinois National | 12 | | Guard or the Illinois
Naval Militia. | 13 | | (f) To exercise the right of eminent domain by | 14 | | condemnation proceedings
in the manner provided by the | 15 | | Eminent Domain Act,
including, with respect to Site B | 16 | | only, the authority to exercise quick
take condemnation by | 17 | | immediate vesting of title under Article 20 of the Eminent | 18 | | Domain Act, to acquire any privately
owned real or | 19 | | personal property and, with respect to Site B only, public
| 20 | | property used for rail transportation purposes (but no | 21 | | such taking of such
public property shall, in the | 22 | | reasonable judgment of the owner, interfere
with such rail | 23 | | transportation) for the lawful purposes of the Authority | 24 | | in
Site A, at Navy Pier, and at Site B. Just compensation | 25 | | for property taken
or acquired under this paragraph shall | 26 | | be paid in money or, notwithstanding
any other provision |
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| 1 | | of this Act and with the agreement of the owner of the
| 2 | | property to be taken or acquired, the Authority may convey | 3 | | substitute
property or interests in property or enter into | 4 | | agreements with the
property owner, including leases, | 5 | | licenses, or concessions, with respect to
any property | 6 | | owned by the Authority, or may provide for other lawful | 7 | | forms
of just compensation to the owner. Any property | 8 | | acquired in condemnation
proceedings shall be used only as | 9 | | provided in this Act. Except as
otherwise provided by law, | 10 | | the City of Chicago shall have a right of first
refusal | 11 | | prior to any sale of any such property by the Authority to | 12 | | a third
party other than substitute property. The | 13 | | Authority shall develop and
implement a relocation plan | 14 | | for businesses displaced as a result of the
Authority's | 15 | | acquisition of property. The relocation plan shall be
| 16 | | substantially similar to provisions of the Uniform | 17 | | Relocation Assistance
and Real Property Acquisition Act | 18 | | and regulations promulgated under that
Act relating to | 19 | | assistance to displaced businesses. To implement the
| 20 | | relocation plan the Authority may acquire property by | 21 | | purchase or gift or
may exercise the powers authorized in | 22 | | this subsection (f), except the
immediate vesting of title | 23 | | under Article 20 of the Eminent Domain Act, to acquire | 24 | | substitute private property within one mile
of Site B for | 25 | | the benefit of displaced businesses located on property | 26 | | being
acquired by the Authority. However, no such |
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| 1 | | substitute property may be
acquired by the Authority | 2 | | unless the mayor of the municipality in which the
property | 3 | | is located certifies in writing that the acquisition is | 4 | | consistent
with the municipality's land use and economic | 5 | | development policies and
goals. The acquisition of | 6 | | substitute property is declared to be for public
use. In | 7 | | exercising the powers authorized in this subsection (f), | 8 | | the
Authority shall use its best efforts to relocate | 9 | | businesses within the area
of McCormick Place or, failing | 10 | | that, within the City of Chicago. | 11 | | (g) To enter into contracts relating to construction | 12 | | projects which
provide for the delivery by the contractor | 13 | | of a completed project,
structure, improvement, or | 14 | | specific portion thereof, for a fixed maximum
price, which | 15 | | contract may provide that the delivery of the project,
| 16 | | structure, improvement, or specific portion thereof, for | 17 | | the fixed maximum
price is insured or guaranteed by a | 18 | | third party capable of completing
the construction. | 19 | | (h) To enter into agreements with any person with | 20 | | respect to the use
and occupancy of the grounds, | 21 | | buildings, and facilities of the Authority,
including | 22 | | concession, license, and lease agreements on terms and | 23 | | conditions as
the Authority determines. Notwithstanding | 24 | | Section 24, agreements with respect
to the use and | 25 | | occupancy of the grounds, buildings, and facilities of the
| 26 | | Authority for a term of more than one year shall be entered |
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| 1 | | into in accordance
with the procurement process provided | 2 | | for in Section 25.1. | 3 | | (i) To enter into agreements with any person with | 4 | | respect to the
operation and management of the grounds, | 5 | | buildings, and facilities of the
Authority or the | 6 | | provision of goods and services on terms and
conditions as | 7 | | the Authority determines. | 8 | | (j) After conducting the procurement process provided | 9 | | for in Section 25.1,
to enter into one or more contracts to | 10 | | provide for the design and
construction of all or part of | 11 | | the Authority's Expansion Project grounds,
buildings, and | 12 | | facilities. Any contract for design and construction of | 13 | | the
Expansion Project shall be in the form authorized by | 14 | | subsection (g), shall
be for a fixed maximum price not in | 15 | | excess of the funds that are authorized
to be made | 16 | | available
for those purposes during the term of the | 17 | | contract, and shall be entered
into before commencement of | 18 | | construction. | 19 | | (k) To enter into agreements, including project | 20 | | agreements with labor
unions, that the Authority deems | 21 | | necessary to complete the Expansion Project
or any other | 22 | | construction or improvement project in the most timely
and | 23 | | efficient manner and without strikes, picketing, or other | 24 | | actions that
might cause disruption or delay and thereby | 25 | | add to the cost of the project. | 26 | | (l) To provide incentives to organizations and |
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| 1 | | entities that agree to make use of the grounds, buildings, | 2 | | and facilities of the Authority for conventions, meetings, | 3 | | or trade shows. The incentives may take the form of | 4 | | discounts from regular fees charged by the Authority, | 5 | | subsidies for or assumption of the costs incurred with | 6 | | respect to the convention, meeting, or trade show, or | 7 | | other inducements. The Authority shall award incentives to | 8 | | attract or retain large conventions, meetings, and trade | 9 | | shows to its facilities under the terms set forth in this | 10 | | subsection (l) from amounts appropriated to the Authority | 11 | | from the Metropolitan Pier and Exposition Authority | 12 | | Incentive Fund for this purpose. | 13 | | No later than May 15 of each year, the Chief Executive | 14 | | Officer of the Metropolitan Pier and Exposition Authority | 15 | | shall certify to the State Comptroller and the State | 16 | | Treasurer the amounts of incentive grant funds used during | 17 | | the current fiscal year to provide incentives for | 18 | | conventions, meetings, or trade shows that (i) have been | 19 | | approved by the Authority, in consultation with an | 20 | | organization meeting the qualifications set out in Section | 21 | | 5.6 of this Act, provided the Authority has entered into a | 22 | | marketing agreement with such an organization, (ii) (A) | 23 | | for fiscal years prior to 2022 and after 2024, demonstrate | 24 | | registered attendance in excess of 5,000 individuals or in | 25 | | excess of 10,000 individuals, as appropriate ; (B) for | 26 | | fiscal years 2022 through 2024, demonstrate registered |
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| 1 | | attendance in excess of 3,000 individuals or in excess of | 2 | | 5,000 individuals, as appropriate; or (C) for fiscal years | 3 | | 2022 and 2023, regardless of registered attendance, | 4 | | demonstrate incurrence of costs associated with mitigation | 5 | | of COVID-19, including, but not limited to, costs for | 6 | | testing and screening, contact tracing and notification, | 7 | | personal protective equipment, and other physical, | 8 | | structural, and organizational costs , and (iii) in the | 9 | | case of subsections (ii)(A) and (B), but for the | 10 | | incentive, would not have used the facilities of the | 11 | | Authority for the convention, meeting, or trade show. The | 12 | | State Comptroller may request that the Auditor General | 13 | | conduct an audit of the accuracy of the certification. If | 14 | | the State Comptroller determines by this process of | 15 | | certification that incentive funds, in whole or in part, | 16 | | were disbursed by the Authority by means other than in | 17 | | accordance with the standards of this subsection (l), then | 18 | | any amount transferred to the Metropolitan Pier and | 19 | | Exposition Authority Incentive Fund shall be reduced | 20 | | during the next subsequent transfer in direct proportion | 21 | | to that amount determined to be in violation of the terms | 22 | | set forth in this subsection (l). | 23 | | On July 15, 2012, the Comptroller shall order | 24 | | transferred, and the Treasurer shall transfer, into the | 25 | | Metropolitan Pier and Exposition Authority Incentive Fund | 26 | | from the General Revenue Fund the sum of $7,500,000 plus |
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| 1 | | an amount equal to the incentive grant funds certified by | 2 | | the Chief Executive Officer as having been lawfully paid | 3 | | under the provisions of this Section in the previous 2 | 4 | | fiscal years that have not otherwise been transferred into | 5 | | the Metropolitan Pier and Exposition Authority Incentive | 6 | | Fund, provided that transfers in excess of $15,000,000 | 7 | | shall not be made in any fiscal year. | 8 | | On July 15, 2013, the Comptroller shall order | 9 | | transferred, and the Treasurer shall transfer, into the | 10 | | Metropolitan Pier and Exposition Authority Incentive Fund | 11 | | from the General Revenue Fund the sum of $7,500,000 plus | 12 | | an amount equal to the incentive grant funds certified by | 13 | | the Chief Executive Officer as having been lawfully paid | 14 | | under the provisions of this Section in the previous | 15 | | fiscal year that have not otherwise been transferred into | 16 | | the Metropolitan Pier and Exposition Authority Incentive | 17 | | Fund, provided that transfers in excess of $15,000,000 | 18 | | shall not be made in any fiscal year. | 19 | | On July 15, 2014, and every year thereafter, the | 20 | | Comptroller shall order transferred, and the Treasurer | 21 | | shall transfer, into the Metropolitan Pier and Exposition | 22 | | Authority Incentive Fund from the General Revenue Fund 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 |
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| 1 | | Metropolitan Pier and Exposition Authority Incentive Fund, | 2 | | provided that (1) no transfers with respect to any | 3 | | previous fiscal year shall be made after the transfer has | 4 | | been made with respect to the 2017 fiscal year until the | 5 | | transfer that is made with respect to the 2022 fiscal year | 6 | | and thereafter, and no transfers with respect to any | 7 | | previous fiscal year shall be made after the transfer has | 8 | | been made with respect to the 2026 fiscal year and (2) | 9 | | transfers in excess of $15,000,000 shall not be made in | 10 | | any fiscal year. | 11 | | After a transfer has been made under this subsection | 12 | | (l), the Chief Executive Officer shall file a request for | 13 | | payment with the Comptroller evidencing that the incentive | 14 | | grants have been made and the Comptroller shall thereafter | 15 | | order paid, and the Treasurer shall pay, the requested | 16 | | amounts to the Metropolitan Pier and Exposition Authority. | 17 | | Excluding any amounts related to the payment of costs | 18 | | associated with the mitigation of COVID-19 in accordance | 19 | | with this subsection (l), in In no case shall more than | 20 | | $5,000,000 be used in any one fiscal year by the Authority | 21 | | for incentives granted to conventions, meetings, or trade | 22 | | shows with a registered attendance of (1) more than 5,000 | 23 | | and less than 10,000 prior to the 2022 fiscal year and | 24 | | after the 2024 fiscal year and (2) more than 3,000 and less | 25 | | than 5,000 for fiscal years 2022 through 2024 . Amounts in | 26 | | the Metropolitan Pier and Exposition Authority Incentive |
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| 1 | | Fund shall only be used by the Authority for incentives | 2 | | paid to attract or retain large conventions, meetings, and | 3 | | trade shows to its facilities as provided in this | 4 | | subsection (l). | 5 | | (l-5) The Village of Rosemont shall provide incentives | 6 | | from amounts transferred into the Convention Center | 7 | | Support Fund to retain and attract conventions, meetings, | 8 | | or trade shows to the Donald E. Stephens Convention Center | 9 | | under the terms set forth in this subsection (l-5). | 10 | | No later than May 15 of each year, the Mayor of the | 11 | | Village of Rosemont or his or her designee shall certify | 12 | | to the State Comptroller and the State Treasurer the | 13 | | amounts of incentive grant funds used during the previous | 14 | | fiscal year to provide incentives for conventions, | 15 | | meetings, or trade shows that (1) have been approved by | 16 | | the Village, (2) demonstrate registered attendance in | 17 | | excess of 5,000 individuals, and (3) but for the | 18 | | incentive, would not have used the Donald E. Stephens | 19 | | Convention Center facilities for the convention, meeting, | 20 | | or trade show. The State Comptroller may request that the | 21 | | Auditor General conduct an audit of the accuracy of the | 22 | | certification. | 23 | | If the State Comptroller determines by this process of | 24 | | certification that incentive funds, in whole or in part, | 25 | | were disbursed by the Village by means other than in | 26 | | accordance with the standards of this subsection (l-5), |
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| 1 | | then the amount transferred to the Convention Center | 2 | | Support Fund shall be reduced during the next subsequent | 3 | | transfer in direct proportion to that amount determined to | 4 | | be in violation of the terms set forth in this subsection | 5 | | (l-5). | 6 | | On July 15, 2012, and each year thereafter, the | 7 | | Comptroller shall order transferred, and the Treasurer | 8 | | shall transfer, into the Convention Center Support Fund | 9 | | from the General Revenue Fund the amount of $5,000,000 for | 10 | | (i) incentives to attract large conventions, meetings, and | 11 | | trade shows to the Donald E. Stephens Convention Center, | 12 | | and (ii) to be used by the Village of Rosemont for the | 13 | | repair, maintenance, and improvement of the Donald E. | 14 | | Stephens Convention Center and for debt service on debt | 15 | | instruments issued for those purposes by the village. No | 16 | | later than 30 days after the transfer, the Comptroller | 17 | | shall order paid, and the Treasurer shall pay, to the | 18 | | Village of Rosemont the amounts transferred. | 19 | | (m) To enter into contracts with any person conveying | 20 | | the naming rights or other intellectual property rights | 21 | | with respect to the grounds, buildings, and facilities of | 22 | | the Authority. | 23 | | (n) To enter into grant agreements with the Chicago | 24 | | Convention and Tourism Bureau providing for the marketing | 25 | | of the convention facilities to large and small | 26 | | conventions, meetings, and trade shows and the promotion |
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| 1 | | of the travel industry in the City of Chicago, provided | 2 | | such agreements meet the requirements of Section 5.6 of | 3 | | this Act. Receipts of the Authority from the increase in | 4 | | the airport departure tax authorized by Section 13(f) of | 5 | | this amendatory Act of the 96th General Assembly and, | 6 | | subject to appropriation to the Authority, funds deposited | 7 | | in the Chicago Travel Industry Promotion Fund pursuant to | 8 | | Section 6 of the Hotel Operators' Occupation Tax Act shall | 9 | | be granted to the Bureau for such purposes. | 10 | | (Source: P.A. 100-23, eff. 7-6-17.)
| 11 | | (70 ILCS 210/18) (from Ch. 85, par. 1238)
| 12 | | Sec. 18.
Regular meetings of the Board shall be held at | 13 | | least 8 times once in each
calendar year month , the time and | 14 | | place of such meetings to be fixed by the
Board , provided that | 15 | | if a meeting is not held in a calendar month, a meeting shall | 16 | | be held in the following calendar month . All action and | 17 | | meetings of the Board and its committees shall be subject to | 18 | | the
provisions of the Open Meetings Act. A majority
of the | 19 | | statutorily
authorized members of the Board shall
constitute a | 20 | | quorum for the transaction of business.
All action of the | 21 | | Board shall be by rule, regulation, ordinance or
resolution | 22 | | and the affirmative vote of at least a majority
of the
| 23 | | statutorily authorized members shall be
necessary for the | 24 | | adoption of any rule, regulation, ordinance or
resolution.
All | 25 | | rules, regulations, ordinances, resolutions and all
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| 1 | | proceedings of the Authority and all
documents and records in | 2 | | its possession shall be public records, and open
to public | 3 | | inspection, except such documents and records as shall be kept | 4 | | or
prepared by the Board for use in negotiations, action or | 5 | | proceedings to
which the Authority is a party.
All records of | 6 | | the Authority shall be subject to the provisions of the
| 7 | | Illinois Freedom of Information Act.
| 8 | | (Source: P.A. 84-1027.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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