Sen. Mattie Hunter
Filed: 3/26/2021
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1 | AMENDMENT TO SENATE BILL 1850
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2 | AMENDMENT NO. ______. Amend Senate Bill 1850 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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,
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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.)
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11 | (70 ILCS 210/18) (from Ch. 85, par. 1238)
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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
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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
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7 | Illinois Freedom of Information Act.
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8 | (Source: P.A. 84-1027.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.".
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