Illinois General Assembly - Full Text of Public Act 096-0899
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Public Act 096-0899


 

Public Act 0899 96TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 096-0899
 
SB3215 Enrolled LRB096 17986 HLH 33357 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. If and only if Senate Bill 28 (as enrolled) of
the 96th General Assembly becomes law, the Metropolitan Pier
and Exposition Authority Act is amended by changing Sections
5.4, 5.6, 14.2, 14.5, and 25.4 as follows:
 
    (70 ILCS 210/5.4)
    Sec. 5.4. Exhibitor rights and work rule reforms.
 
(a) Legislative findings.
        (1) The Authority is a political subdivision of the
    State of Illinois subject to the plenary authority of the
    General Assembly and was created for the benefit of the
    general public to promote business, industry, commerce,
    and tourism within the City of Chicago and the State of
    Illinois.
        (2) The Authority owns and operates McCormick Place and
    Navy Pier, which have collectively 2.8 million square feet
    of exhibit hall space, 700,000 square feet of meeting room
    space.
        (3) The Authority is a vital economic engine that
    annually generates 65,000 jobs and $8 billion of economic
    activity for the State of Illinois through the trade shows,
    conventions, and other meetings held and attended at
    McCormick Place and Navy Pier.
        (4) The Authority supports the operation of McCormick
    Place and Navy Pier through not only fees on the rental of
    exhibit and meeting room space, electrical and utility
    service, food and beverage services, and parking, but also
    hotel room rates paid by persons staying at the
    Authority-owned hotel.
        (5) The Authority has a compelling and proprietary
    interest in the success, competitiveness, and continued
    viability of McCormick Place and Navy Pier as the owner and
    operator of the convention facilities and its obligation to
    ensure that these facilities produce sufficient operating
    revenues.
        (6) The Authority's convention facilities were
    constructed and renovated through the issuance of public
    bonds that are directly repaid by State hotel, auto rental,
    food and beverage, and airport and departure taxes paid
    principally by persons who attend, work at, exhibit, and
    provide goods and services to conventions, shows,
    exhibitions, and meetings at McCormick Place and Navy Pier.
        (7) State law also dedicates State occupation and use
    tax revenues to fulfill debt service obligations on these
    bonds should State hotel, auto rental, food and beverage,
    and airport and departure taxes fail to generate sufficient
    revenue.
        (8) Through fiscal year 2010, $55 million in State
    occupation and use taxes will have been allocated to make
    debt service payments on the Authority's bonds due to
    shortfalls in State hotel, auto rental, food and beverage,
    and airport and departure taxes. These shortfalls are
    expected to continue in future fiscal years and would
    require the annual dedication of approximately $40 million
    in State occupation and use taxes to fulfill debt service
    payments.
        (9) In 2009, managers of the International Plastics
    Showcase announced that 2009 was the last year they would
    host their exhibition at McCormick Place, as they had since
    1971, because union labor work rules and electric and food
    service costs make it uneconomical for the show managers
    and exhibitors to use McCormick Place as a convention venue
    as compared to convention facilities in Orlando, Florida
    and Las Vegas, Nevada. The exhibition used over 740,000
    square feet of exhibit space, attracted over 43,000
    attendees, generated $4.8 million of revenues to McCormick
    Place, and raised over $200,000 in taxes to pay debt
    service on convention facility bonds.
        (10) After the International Plastics Showcase
    exhibition announced its departure, other conventions and
    exhibitions managers and exhibitors also stated that they
    would not return to McCormick Place and Navy Pier for the
    same reasons cited by the International Plastics Showcase
    exhibition. In addition, still other managers and
    exhibitors stated that they would not select McCormick
    Place as a convention venue unless the union labor work
    rules and electrical and food service costs were made
    competitive with those in Orlando and Las Vegas.
        (11) The General Assembly created the Joint Committee
    on the Metropolitan Pier and Exposition Authority to
    conduct hearings and obtain facts to determine how union
    labor work rules and electrical and food service costs make
    McCormick Place and Navy Pier uneconomical as a convention
    venue.
        (12) Witness testimony and fact-gathering revealed
    that while the skilled labor provided by trade unions at
    McCormick Place and Navy Pier is second to none and is
    actually "exported" to work on conventions and exhibitions
    held in Orlando and Las Vegas, restrictive work rules on
    the activities show exhibitors may perform present
    exhibitors and show managers with an uninviting atmosphere
    and result in significantly higher costs than competing
    convention facilities.
        (13) Witness testimony and fact-gathering also
    revealed that the mark-up on electrical and food service
    imposed by the Authority to generate operating revenue for
    McCormick Place and Navy Pier also substantially increased
    exhibitor and show organizer costs to the point of excess
    when compared to competing convention facilities.
        (14) Witness testimony and fact-gathering further
    revealed that the additional departure of conventions,
    exhibitions, and trade shows from Authority facilities
    threatens the continued economic viability of these
    facilities and the stability of sufficient tax revenues
    necessary to support debt service.
        (15) In order to safeguard the Authority's and State of
    Illinois' shared compelling and proprietary interests in
    McCormick Place and Navy Pier and in response to local
    economic needs, the provisions contained in this Section
    set forth mandated changes and reforms to restore and
    ensure that (i) the Authority's facilities remain
    economically competitive with other convention venues and
    (ii) conventions, exhibitions, trade shows, and other
    meetings are attracted to and retained at Authority
    facilities by producing an exhibitor-friendly environment
    and by reducing costs for exhibitors and show managers.
        (16) The provisions set forth in this Section are
    reasonable, necessary, and narrowly tailored to safeguard
    the Authority's and State of Illinois' shared and
    compelling proprietary interests and respond to local
    economic needs as compared to the available alternative set
    forth in House Bill 4900 of the 96th General Assembly and
    proposals submitted to the Joint Committee on the
    Metropolitan Pier and Exposition Authority. Action by the
    State offers the only comprehensive means to remedy the
    circumstances set forth in these findings, despite the
    concerted and laudable voluntary efforts of the Authority,
    labor unions, show contractors, show managers, and
    exhibitors.
 
(b) Definitions. As used in this Section:
        "Booth" means the demarcated exhibit space of an
    exhibitor on Authority premises.
        "Contractor" or "show contractor" means any person who
    contracts with the Authority, an exhibitor, or with the
    manager of a show to provide any services related to
    drayage, rigging, carpentry, decorating, electrical,
    maintenance, mechanical, and food and beverage services or
    related trades and duties for shows on Authority premises.
        "Exhibitor" or "show exhibitor" means any person who
    contracts with the Authority or with a manager or
    contractor of a show held or to be held on Authority
    premises.
        "Exhibitor employee" means any person who has been
    employed by the exhibitor as a full-time employee for a
    minimum of 6 months before the show's opening date.
        "Hand tools" means cordless tools, power tools, and
    other tools as determined by the Authority.
        "Licensee" means any entity that uses the Authority's
    premises.
        "Manager" or "show manager" means any person that owns
    or manages a show held or to be held on Authority premises.
        "Personally owned vehicles" means the vehicles owned
    by show exhibitors or the show management, excluding
    commercially registered trucks, vans, and other vehicles
    as determined by the Authority.
        "Premises" means grounds, buildings, and facilities of
    the Authority.
        "Show" means a convention, exposition, trade show,
    event, or meeting held on Authority premises by a show
    manager or show contractor on behalf of a show manager.
        "Union employees" means workers represented by a labor
    organization, as defined in the National Labor Relations
    Act, providing skilled labor services to exhibitors, a show
    manager, or a show contractor on Authority premises.
 
(c) Exhibitor rights.
        In order to control costs, increase the
    competitiveness, and promote and provide for the economic
    stability of Authority premises, all Authority contracts
    with exhibitors, contractors, and managers shall include
    the following minimum terms and conditions:
        (1) Consistent with safety and the skills and training
    necessary to perform the task, as determined by the
    Authority, an exhibitor and exhibitor employees are
    permitted in a booth of any size with the use of the
    exhibitor's ladders and hand tools to:
            (i) set-up and dismantle exhibits displayed on
        Authority premises;
            (ii) assemble and disassemble materials,
        machinery, or equipment on Authority premises; and
            (iii) install all signs, graphics, props,
        balloons, other decorative items, and the exhibitor's
        own drapery, including the skirting of exhibitor
        tables, on the Authority's premises.
        (2) An exhibitor and exhibitor employees are permitted
    in a booth of any size to deliver, set-up, plug in,
    interconnect, and operate an exhibitor's electrical
    equipment, computers, audio-visual devices, and other
    equipment.
        (3) An exhibitor and exhibitor employees are permitted
    in a booth of any size to skid, position, and re-skid all
    exhibitor material, machinery, and equipment on Authority
    premises.
        (4) An exhibitor and exhibitor employees are
    prohibited at any time from using scooters, forklifts,
    pallet jacks, condors, scissors lifts, motorized dollies,
    or similar motorized or hydraulic equipment on Authority
    premises.
        (5) The Authority shall designate areas, in its
    discretion, where exhibitors may unload and load exhibitor
    materials from privately owned vehicles at Authority
    premises with the use of non-motorized hand trucks and
    dollies.
        (6) On Monday through Friday for any consecutive 8-hour
    period during the hours of 6:00 a.m. and 10:00 p.m., union
    employees on Authority premises shall be paid
    straight-time hourly wages plus fringe benefits. Union
    employees shall be paid straight-time and a half hourly
    wages plus fringe benefits for labor services provided
    after any consecutive 8-hour period; provided, however,
    that between the hours of midnight and 6:00 a.m. union
    employees shall be paid double straight-time wages plus
    fringe benefits for labor services.
        (7) On Monday through Friday for any consecutive 8-hour
    period during the hours of 6:00 a.m. and 10:00 p.m., a show
    manager or contractor shall charge an exhibitor only for
    labor services provided by union employees on Authority
    premises based on straight-time hourly wages plus fringe
    benefits along with a reasonable mark-up. After any
    consecutive 8-hour period, a show manager or contractor
    shall charge an exhibitor only for labor services provided
    by union employees based on straight-time and a half hourly
    wages plus fringe benefits along with a reasonable mark-up;
    provided, however, that between the hours of midnight and
    6:00 a.m. a show manager or contractor shall charge an
    exhibitor only for labor services provided by union
    employees based on double straight-time wages plus fringe
    benefits along with a reasonable mark-up.
        (8) On Saturdays for any consecutive 8-hour period,
    union employees on Authority premises shall be paid
    straight-time and a half hourly wages plus fringe benefits.
    After any consecutive 8-hour period, union employees on
    Authority premises shall be paid double straight-time
    hourly wages plus fringe benefits; provided, however, that
    between the hours of midnight and 6:00 a.m. union employees
    shall be paid double straight-time wages plus fringe
    benefits for labor services.
        (9) On Saturdays for any consecutive 8-hour period, a
    show manager or contractor shall charge an exhibitor only
    for labor services provided by union employees on Authority
    premises based on straight-time and a half hourly wages
    plus fringe benefits along with a reasonable mark-up. After
    any consecutive 8-hour period, a show manager or contractor
    shall charge an exhibitor only for labor services provided
    by union employees based on double straight-time hourly
    wages plus fringe benefits along with a reasonable mark-up;
    provided, however, that between the hours of midnight and
    6:00 a.m. a show manager or contractor shall charge an
    exhibitor only for labor services provided by union
    employees based on double straight-time wages plus fringe
    benefits along with a reasonable mark-up.
        (10) On Sundays and on State and federal holidays,
    union employees on Authority premises shall be paid double
    straight-time hourly wages plus fringe benefits.
        (11) On Sundays and on State and federal holidays, a
    show manager or contractor shall charge an exhibitor only
    for labor services provided by union employees on Authority
    premises based on double straight-time hourly wages plus
    fringe benefits along with a reasonable mark-up.
        (12) The Authority has the power to determine, after
    consultation with the Advisory Council, the work
    jurisdiction and scope of work of union employees on
    Authority premises during the move-in, move-out, and run of
    a show, provided that any affected labor organization may
    contest the Authority's determination through a binding
    decision of an independent, third-party arbitrator. When
    making the determination, the Authority or arbitrator, as
    the case may be, shall consider the training and skills
    required to perform the task, past practices on Authority
    premises, safety, and the need for efficiency and exhibitor
    satisfaction. These factors shall be considered in their
    totality and not in isolation. Nothing in this item permits
    the Authority to eliminate any labor organization
    representing union employees that provide labor services
    on the move-in, move-out, and run of the show as of the
    effective date of this amendatory Act of the 96th General
    Assembly.
        (13) During the run of a show, all stewards of union
    employees shall be working stewards. Subject to the
    discretion of the Authority, no more than one working
    steward per labor organization representing union
    employees providing labor services on Authority premises
    shall be used per building and per show.
        (14) An exhibitor or show manager may request by name
    specific union employees to provide labor services on
    Authority premises consistent with all State and federal
    laws. Union employees requested by an exhibitor shall take
    priority over union employees requested by a show manager.
        (15) A show manager or show contractor on behalf of a
    show manager may retain an electrical contractor approved
    by the Authority or Authority-provisioned electrical
    services to provide electrical services on the premises. If
    a show manager or show contractor on behalf of a show
    manager retains Authority-provisioned electrical services,
    then the Authority shall offer these services at a rate not
    to exceed the cost of providing those services.
        (16) Crew sizes for any task or operation shall not
    exceed 2 persons unless, after consultation with the
    Advisory Council, the Authority determines otherwise based
    on the task, skills, and training required to perform the
    task and on safety.
        (17) An exhibitor may bring food and beverages on the
    premises of the Authority for personal consumption.
        (18) Show managers and contractors shall comply with
    any audit performed under subsection (e) of this Section.
        (19) A show manager or contractor shall charge an
    exhibitor only for labor services provided by union
    employees on Authority premises on a minimum half-hour
    basis.
    The Authority has the power to implement, enforce, and
administer the exhibitor rights set forth in this subsection,
including the promulgation of rules. The Authority also has the
power to determine violations of this subsection and implement
appropriate remedies, including, but not limited to, barring
violators from Authority premises.
 
(d) Advisory Council.
        (1) An Advisory Council is hereby established to ensure
    an active and productive dialogue between all affected
    stakeholders to ensure exhibitor satisfaction for
    conventions, exhibitions, trade shows, and meetings held
    on Authority premises.
        (2) The composition of the Council shall be determined
    by the Authority consistent with its existing practice for
    labor-management relations.
        (3) The Council shall hold meetings no less than once
    every 90 days.
 
(e) Audit of exhibitor rights.
    The Authority shall retain the services of a person to
complete, at least twice per calendar year, a financial
statement audit and compliance attestation examination to
determine and verify that the exhibitor rights set forth in
this Section have produced cost reductions for exhibitors and
those cost reductions have been fairly passed along to
exhibitors. The financial statement audit shall be performed in
accordance with generally accepted auditing standards. The
compliance attestation examination shall be (i) performed in
accordance with attestation standards established by the
American Institute of Certified Public Accountants and shall
examine the compliance with the requirements set forth in this
Section and (ii) conducted by a licensed public accounting
firm, selected by the Authority from a list of firms
prequalified to do business with the Illinois Auditor General.
Upon request, a show contractor or manager shall provide the
Authority or person retained to provide auditing services with
any information and other documentation reasonably necessary
to perform the obligations set forth in this subsection. Upon
completion, the report shall be submitted to the Authority and
made publicly available on the Authority's website.
 
(f) Exhibitor service reforms. The Authority shall make every
effort to substantially reduce exhibitor's costs for
participating in shows.
        (1) Any contract to provide food or beverage services
    in the buildings and facilities of the Authority, except
    Navy Pier, shall be provided at a rate not to exceed the
    cost established in the contract. The Board shall
    periodically review all food and beverage contracts.
        (2) A department or unit of the Authority shall not
    serve as the exclusive provider of electrical services.
        (3) Exhibitors shall receive a detailed statement of
    all costs associated with utility services, including the
    cost of labor, equipment, and materials.
 
(g) Severability. If any provision of this Section or its
application to any person or circumstance is held invalid, the
invalidity of that provision or application does not affect
other provisions or applications of this Section that can be
given effect without the invalid provision or application.
(Source: 09600SB0028enr.)
 
    (70 ILCS 210/5.6)
    Sec. 5.6. Marketing agreement.
    (a) The Authority shall enter into a marketing agreement
with a not-for-profit organization headquartered in Chicago
and recognized by the Department of Commerce and Economic
Opportunity as a certified local tourism and convention bureau
entitled to receive State tourism grant funds, provided the
bylaws of the organization establish a board of the
organization that is comprised of 25 members serving 3-year
staggered terms, including the following:
        (1) a Chair of the board of the organization appointed
    by the Mayor of the City of Chicago from among the business
    and civic leaders of Chicago who are not engaged in the
    hospitality business or who have not served as a member of
    the Board or as chief executive officer of the Authority;
        (2) the chairperson of the interim board or Board of
    the Authority, or his or her designee;
        (3) no more than 5 members from the hotel industry;
        (4) no more than 2 members from the restaurant or
    attractions industry;
        (5) no more than 2 members employed by or representing
    an entity responsible for a trade show;
        (6) no more than 2 members representing unions; and
        (7) no more than 2 members from the attractions
    industry; and
        (8) (7) the Director of the Illinois Department of
    Commerce and Economic Opportunity, ex officio.
    Persons with a real or apparent conflict of interest shall
not be appointed to the board. Members of the board of the
organization shall not serve more than 2 terms. The bylaws
shall require the following: (i) that the Chair of the
organization name no less than 5 and no more than 9 members to
the Executive Committee of the organization, one of whom must
be the chairperson of the interim board or Board of the
Authority, and (ii) a provision concerning conflict of interest
and a requirement that a member abstain from participating in
board action if there is a threat to the independence of
judgment created by any conflict of interest or if
participation is likely to have a negative effect on public
confidence in the integrity of the board.
    (b) The Authority shall notify the Department of Revenue
within 10 days after entering into a contract pursuant to this
Section.
(Source: 09600SB0028enr.)
 
    (70 ILCS 210/14.2)
    Sec. 14.2. Ethical conduct.
    (a) The Trustee, members of the interim board, members of
the Board, and all employees of the Authority shall comply with
the provisions of the Illinois Governmental Ethics Act and
carry out duties and responsibilities in a manner that
preserves the public trust and confidence in the Authority. The
Trustee, members of the interim board, members of the Board,
and all employees of the Authority, including the spouse and
immediate family members of such person shall not:
        (1) use or attempt to use their position to secure or
    attempt to secure any privilege, advantage, favor, or
    influence for himself or herself or others;
        (2) accept for personal use any gift, gratuity,
    service, compensation, travel, lodging, or thing of value,
    with the exception of unsolicited items of an incidental
    nature, from any person, corporation, or entity doing
    business with the Authority;
        (3) hold or pursue employment, office, position,
    business, or occupation that may conflict with his or her
    official duties;
        (4) influence any person or corporation doing business
    with the Authority to hire or contract with any person or
    corporation for any compensated work;
        (5) engage in any activity that constitutes a conflict
    of interest; or
        (6) have a financial interest, directly or indirectly,
    in any contract or subcontract for the performance of any
    work for the Authority or a party to a contract with the
    Authority, except this does not apply to an interest in any
    such entity through an indirect means, such as through a
    mutual fund.
    (b) The Board shall develop an annual ethics training
program for members of the Board and all employees of the
Authority.
    (c) No Trustee, member on the interim board, Board, or an
employee of the Authority, or spouse or immediate family member
living with such person, shall, within a period of one year
immediately after termination of service or employment,
knowingly accept employment or receive compensation or fees for
services from a person or entity if the Trustee, member, or
employee participated personally or substantially in the award
of a contract to that person or entity or in making a licensing
decision with regard to that person or entity. Nothing in this
amendatory Act of the 96th General Assembly shall preclude an
employee of the Authority from accepting employment from the
private manager contracted to operate the Authority, provided
the employee did not participate personally or substantially in
the award of the contract to the private manager.
    (d) Notwithstanding any other provision of this Act, the
Authority shall not enter into an agreement for consulting
services with or provide compensation or fees for consulting
services to the chief executive officer on April 1, 2010, a
member of the interim board on April 1, 2010, or any member of
the interim board or Board appointed on or after the effective
date of this amendatory Act of the 96th General Assembly.
(Source: 09600SB0028enr.)
 
    (70 ILCS 210/14.5)
    Sec. 14.5. Trustee of the Authority.
    (a) Beginning on the effective date of this amendatory Act
of the 96th General Assembly, the Authority shall be governed
by a Trustee for a term of 18 months or until the Board created
in this amendatory Act of the 96th General Assembly appoints a
chief executive officer, whichever is longer. The James Reilly
shall serve as the Trustee of the Authority shall immediately
and assume all duties and powers of the Board and the chief
executive officer. The Trustee shall take all actions necessary
to carry into effect the provisions of this Act and this
amendatory Act of the 96th General Assembly. The Trustee shall
receive an annual salary equal to the current salary of the
chief executive officer, minus 5%.
    As provided in Senate Bill 28 of the 96th General Assembly,
the Trustee of the Authority is James Reilly, who served as the
Chief Operating Officer of the Authority from 1989 to 1999,
served as the Chief Operating Officer of the Chicago Convention
and Tourism Bureau from 1999 to 2004, and served as Chairman of
the Regional Transportation Authority Board. James Reilly may
be removed as Trustee only by a joint resolution of the General
Assembly approved by a majority of members elected to each
chamber; and the General Assembly shall thereupon notify the
Governor, Trustee, and interim board upon the adoption of a
joint resolution creating a vacancy in the position of Trustee
of the Authority.
    (a-5) In the case of a vacancy in the office of Trustee of
the Authority, the Governor, with the advice and consent of the
Senate, shall appoint a Trustee within 5 calendar days. If the
vacancy occurs during a recess of the Senate, the Governor
shall make a temporary appointment within 5 calendar days and
the person shall serve until the next meeting of the Senate,
when the Governor shall nominate some person to fill the office
of Trustee. Any person so nominated who is confirmed by the
Senate shall hold the office of Trustee during the remainder of
the term as provided for in this Section.
    Any Trustee of the Authority appointed by the Governor,
with the advice and consent of the Senate, shall be subject to
the Governor's removal power provided for under Section 10 of
Article V of the Illinois Constitution.
    (a-10) If the Trustee of the Authority, or the guardian of
his or her estate and person, notifies the Governor that he or
she is unable to perform the duties vested by law in the
Trustee, then the Governor may designate some person as acting
Trustee to execute and discharge those duties. When the Trustee
of the Authority is prepared to resume his or her duties, he or
she, or the guardian of his or her estate and person, shall do
so by notifying the Governor.
    (b) It shall be the duty of the Trustee:
        (1) to ensure the proper administration of the
    Authority;
        (2) to submit to the interim board monthly reports
    detailing actions taken and the general status of the
    Authority;
        (3) to report to the General Assembly and Governor no
    later than January 1, 2011, whether Navy Pier should remain
    within the control of the Authority or serve as an entity
    independent from the Authority;
        (4) to enter into an agreement with a contractor or
    private manager to operate the buildings and facilities of
    the Authority, provided that the agreement is procured
    using a request for proposal process in accordance with a
    manner substantially similar to the Illinois Procurement
    Code;
        (5) to enter into any agreements to license naming
    rights of any building or facility of the Authority,
    provided the Trustee determines such an agreement is in the
    best interest of the Authority;
        (6) to ensure the proper implementation,
    administration, and enforcement of Section 5.4 of this Act;
    and
        (7) to ensure that any contract of the Authority to
    provide food or beverage in the buildings and facilities of
    the Authority, except Navy Pier, shall be provided at a
    rate not to exceed the cost established in the contract.
    (c) The Trustee shall notify the interim board prior to
entering into an agreement for a term of more than 24 months or
with a total value in excess of $100,000. Notification shall
include the purpose of the agreement, a description of the
agreement, disclosure of parties to the agreement, and the
total value of the agreement. Within 10 days after receiving
notice, the interim board may prohibit the Trustee from
entering into the agreement by a resolution approved by at
least 5 members of the interim board. The interim board may
veto any other action of the Trustee by a resolution approved
by at least 5 members of the interim board, provided that the
resolution is adopted within 30 days after the action.
    (d) Any provision of this Act that requires approval by the
Chair of the Board or at least the approval of a majority of
the Board shall be deemed approved if the Trustee approves the
action, subject to the restrictions in subsection (c).
(Source: 09600SB0028enr.)
 
    (70 ILCS 210/25.4)
    Sec. 25.4. Contracts for professional services.
    (a) When the Authority proposes to enter into a contract or
agreement for professional services, other than the marketing
agreement required in Section 5.6, the Authority shall use a
request for proposal process in accordance with a manner
substantially similar to the Illinois Procurement Code.
    (b) Any person that submits a response to a request for
proposals under this Section shall disclose in the response the
name of each individual having a beneficial interest directly
or indirectly of more than 7 1/2% in such person and, if such
person is a corporation, the names of each of its officers and
directors. The person shall notify the Board of any changes in
its ownership or its officers or directors at the time such
changes occur if the change occurs during the pendency of a
proposal or a contract.
    (c) All contracts and agreements under this Section shall
be authorized and approved by the Board and shall be set forth
in a writing executed by the contractor and the Authority. No
payment shall be made under this Section until a written
contract or agreement shall be so authorized, approved, and
executed. A copy of each contract or agreement (whether or not
exempted under this Section) and the response, if any, to the
request for proposals upon which the contract was awarded must
be filed with the Secretary of the Authority and is required to
be open for public inspection.
    (d) This Section applies to (i) contracts in excess of
$25,000 for professional services provided to the Authority,
including the services of accountants, architects, attorneys,
engineers, physicians, superintendents of construction,
financial advisors, bond trustees, and other similar
professionals possessing a high degree of skill and (ii)
contracts or bond purchase agreements in excess of $10,000 with
underwriters or investment bankers with respect to sale of the
Authority's bonds under this Act. This Section shall not apply
to contracts for professional services to be provided by, or
the agreement is with, a State agency, federal agency, or unit
of local government.
(Source: 09600SB0028enr.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/28/2010