Full Text of SB1846 96th General Assembly
SB1846sam002 96TH GENERAL ASSEMBLY
|
Sen. Kwame Raoul
Filed: 3/25/2009
|
|
09600SB1846sam002 |
|
LRB096 10971 HLH 24344 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 1846
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1846, immediately | 3 |
| below the enacting clause, by inserting the following:
| 4 |
| "Section 3. The Department of Commerce and Economic | 5 |
| Opportunity Law of the
Civil Administrative Code of Illinois is | 6 |
| amended by adding Section 605-725 as follows: | 7 |
| (20 ILCS 605/605-725 new) | 8 |
| Sec. 605-725. Incentive grants for the Metropolitan Pier | 9 |
| and Exposition Authority. The Department and the Metropolitan | 10 |
| Pier and Exposition Authority may enter into grant agreements | 11 |
| to reimburse the Authority for incentives awarded by the | 12 |
| Authority to attract large conventions, meetings, and trade | 13 |
| shows to its facilities. The Department may reimburse the | 14 |
| Authority only for incentives provided in consultation with the | 15 |
| Chicago Convention and Tourism Bureau for conventions, | 16 |
| meetings, or trade shows that (i) the Authority certifies have |
|
|
|
09600SB1846sam002 |
- 2 - |
LRB096 10971 HLH 24344 a |
|
| 1 |
| registered attendance in excess of 10,000 individuals, (ii) but | 2 |
| for the incentive, would not have used the facilities of the | 3 |
| Authority, and (iii) have been approved by the Chief Executive | 4 |
| Officer of the Authority and the Chairman of the Authority at | 5 |
| the time of the incentive. Reimbursements shall be made from | 6 |
| amounts appropriated to the Department from the Metropolitan | 7 |
| Pier and Exposition Authority Incentive Fund for those | 8 |
| purposes. "; and | 9 |
| on page 1, line 5, after "8.25f", by inserting "and by adding | 10 |
| Section 5.719"; and | 11 |
| on page 1, immediately below line 5, by inserting the | 12 |
| following: | 13 |
| "(30 ILCS 105/5.719 new)
| 14 |
| Sec. 5.719. The Metropolitan Pier and Exposition Authority | 15 |
| Incentive Fund. "; and | 16 |
| on page 90, line 25, by replacing "Sections 13 and 13.2" with | 17 |
| "Sections 5, 13, and 13.2"; and | 18 |
| on page 90, immediately below line 25, by inserting the | 19 |
| following:
| 20 |
| "(70 ILCS 210/5) (from Ch. 85, par. 1225)
|
|
|
|
09600SB1846sam002 |
- 3 - |
LRB096 10971 HLH 24344 a |
|
| 1 |
| Sec. 5. The Metropolitan Pier and Exposition Authority | 2 |
| shall also have the
following rights and powers:
| 3 |
| (a) To accept from Chicago Park Fair, a corporation, an | 4 |
| assignment of
whatever sums of money it may have received | 5 |
| from the Fair and Exposition
Fund, allocated by the | 6 |
| Department of Agriculture of the State of Illinois,
and | 7 |
| Chicago Park Fair is hereby authorized to assign, set over | 8 |
| and transfer
any of those funds to the Metropolitan Pier | 9 |
| and Exposition Authority. The
Authority has the right and | 10 |
| power hereafter to receive sums as may be
distributed to it | 11 |
| by the Department of Agriculture of the State of Illinois
| 12 |
| from the Fair and Exposition Fund pursuant to the | 13 |
| provisions of Sections 5,
6i, and 28 of the State Finance | 14 |
| Act. All sums received by the Authority
shall be held in | 15 |
| the sole custody of the secretary-treasurer of the
| 16 |
| Metropolitan Pier and Exposition Board.
| 17 |
| (b) To accept the assignment of, assume and execute any | 18 |
| contracts
heretofore entered into by Chicago Park Fair.
| 19 |
| (c) To acquire, own, construct, equip, lease, operate | 20 |
| and maintain
grounds, buildings and facilities to carry out | 21 |
| its corporate purposes and
duties, and to carry out or | 22 |
| otherwise provide for the recreational,
cultural, | 23 |
| commercial or residential development of Navy Pier, and to | 24 |
| fix
and collect just, reasonable and nondiscriminatory | 25 |
| charges for the use
thereof. The charges so collected shall | 26 |
| be made available to defray the
reasonable expenses of the |
|
|
|
09600SB1846sam002 |
- 4 - |
LRB096 10971 HLH 24344 a |
|
| 1 |
| Authority and to pay the principal of and the
interest upon | 2 |
| any revenue bonds issued by the Authority. The Authority
| 3 |
| shall be subject to and comply with the Lake Michigan and | 4 |
| Chicago Lakefront
Protection Ordinance, the Chicago | 5 |
| Building Code, the Chicago Zoning
Ordinance, and all | 6 |
| ordinances and regulations of the City of Chicago
contained | 7 |
| in the following Titles of the Municipal Code of Chicago:
| 8 |
| Businesses, Occupations and Consumer Protection; Health | 9 |
| and Safety; Fire
Prevention; Public Peace, Morals and | 10 |
| Welfare; Utilities
and Environmental Protection; Streets, | 11 |
| Public Ways, Parks, Airports and
Harbors; Electrical | 12 |
| Equipment and Installation; Housing and Economic
| 13 |
| Development (only Chapter 5-4 thereof); and Revenue and | 14 |
| Finance (only so far
as such Title pertains to the | 15 |
| Authority's duty to collect taxes on behalf
of the City of | 16 |
| Chicago).
| 17 |
| (d) To enter into contracts treating in any manner with | 18 |
| the objects and
purposes of this Act.
| 19 |
| (e) To lease any buildings to the Adjutant General of | 20 |
| the State of
Illinois for the use of the Illinois National | 21 |
| Guard or the Illinois
Naval Militia.
| 22 |
| (f) To exercise the right of eminent domain by | 23 |
| condemnation proceedings
in the manner provided by the | 24 |
| Eminent Domain Act,
including, with respect to Site B only, | 25 |
| the authority to exercise quick
take condemnation by | 26 |
| immediate vesting of title under Article 20 of the Eminent |
|
|
|
09600SB1846sam002 |
- 5 - |
LRB096 10971 HLH 24344 a |
|
| 1 |
| Domain Act, to acquire any privately
owned real or personal | 2 |
| property and, with respect to Site B only, public
property | 3 |
| used for rail transportation purposes (but no such taking | 4 |
| of such
public property shall, in the reasonable judgment | 5 |
| of the owner, interfere
with such rail transportation) for | 6 |
| the lawful purposes of the Authority in
Site A, at Navy | 7 |
| Pier, and at Site B. Just compensation for property taken
| 8 |
| or acquired under this paragraph shall be paid in money or, | 9 |
| notwithstanding
any other provision of this Act and with | 10 |
| the agreement of the owner of the
property to be taken or | 11 |
| acquired, the Authority may convey substitute
property or | 12 |
| interests in property or enter into agreements with the
| 13 |
| property owner, including leases, licenses, or | 14 |
| concessions, with respect to
any property owned by the | 15 |
| Authority, or may provide for other lawful forms
of just | 16 |
| compensation to the owner. Any property acquired in | 17 |
| condemnation
proceedings shall be used only as provided in | 18 |
| this Act. Except as
otherwise provided by law, the City of | 19 |
| Chicago shall have a right of first
refusal prior to any | 20 |
| sale of any such property by the Authority to a third
party | 21 |
| other than substitute property. The Authority shall | 22 |
| develop and
implement a relocation plan for businesses | 23 |
| displaced as a result of the
Authority's acquisition of | 24 |
| property. The relocation plan shall be
substantially | 25 |
| similar to provisions of the Uniform Relocation Assistance
| 26 |
| and Real Property Acquisition Act and regulations |
|
|
|
09600SB1846sam002 |
- 6 - |
LRB096 10971 HLH 24344 a |
|
| 1 |
| promulgated under that
Act relating to assistance to | 2 |
| displaced businesses. To implement the
relocation plan the | 3 |
| Authority may acquire property by purchase or gift or
may | 4 |
| exercise the powers authorized in this subsection (f), | 5 |
| except the
immediate vesting of title under Article 20 of | 6 |
| the Eminent Domain Act, to acquire substitute private | 7 |
| property within one mile
of Site B for the benefit of | 8 |
| displaced businesses located on property being
acquired by | 9 |
| the Authority. However, no such substitute property may be
| 10 |
| acquired by the Authority unless the mayor of the | 11 |
| municipality in which the
property is located certifies in | 12 |
| writing that the acquisition is consistent
with the | 13 |
| municipality's land use and economic development policies | 14 |
| and
goals. The acquisition of substitute property is | 15 |
| declared to be for public
use. In exercising the powers | 16 |
| authorized in this subsection (f), the
Authority shall use | 17 |
| its best efforts to relocate businesses within the area
of | 18 |
| McCormick Place or, failing that, within the City of | 19 |
| Chicago.
| 20 |
| (g) To enter into contracts relating to construction | 21 |
| projects which
provide for the delivery by the contractor | 22 |
| of a completed project,
structure, improvement, or | 23 |
| specific portion thereof, for a fixed maximum
price, which | 24 |
| contract may provide that the delivery of the project,
| 25 |
| structure, improvement, or specific portion thereof, for | 26 |
| the fixed maximum
price is insured or guaranteed by a third |
|
|
|
09600SB1846sam002 |
- 7 - |
LRB096 10971 HLH 24344 a |
|
| 1 |
| party capable of completing
the construction.
| 2 |
| (h) To enter into agreements with any person with | 3 |
| respect to the use
and occupancy of the grounds, buildings, | 4 |
| and facilities of the Authority,
including concession, | 5 |
| license, and lease agreements on terms and conditions as
| 6 |
| the Authority determines. Notwithstanding Section 24, | 7 |
| agreements with respect
to the use and occupancy of the | 8 |
| grounds, buildings, and facilities of the
Authority for a | 9 |
| term of more than one year shall be entered into in | 10 |
| accordance
with the procurement process provided for in | 11 |
| Section 25.1.
| 12 |
| (i) To enter into agreements with any person with | 13 |
| respect to the
operation and management of the grounds, | 14 |
| buildings, and facilities of the
Authority or the provision | 15 |
| of goods and services on terms and
conditions as the | 16 |
| Authority determines.
| 17 |
| (j) After conducting the procurement process provided | 18 |
| for in Section 25.1,
to enter into one or more contracts to | 19 |
| provide for the design and
construction of all or part of | 20 |
| the Authority's Expansion Project grounds,
buildings, and | 21 |
| facilities. Any contract for design and construction of the
| 22 |
| Expansion Project shall be in the form authorized by | 23 |
| subsection (g), shall
be for a fixed maximum price not in | 24 |
| excess of the funds that are authorized
to be made | 25 |
| available
for those purposes during the term of the | 26 |
| contract, and shall be entered
into before commencement of |
|
|
|
09600SB1846sam002 |
- 8 - |
LRB096 10971 HLH 24344 a |
|
| 1 |
| construction.
| 2 |
| (k) To enter into agreements, including project | 3 |
| agreements with labor
unions, that the Authority deems | 4 |
| necessary to complete the Expansion Project
or any other | 5 |
| construction or improvement project in the most timely
and | 6 |
| efficient manner and without strikes, picketing, or other | 7 |
| actions that
might cause disruption or delay and thereby | 8 |
| add to the cost of the project.
| 9 |
| (l) To provide incentives to organizations and | 10 |
| entities that agree to make use of the grounds, buildings, | 11 |
| and facilities of the Authority for conventions, meetings, | 12 |
| or trade shows. The incentives may take the form of | 13 |
| discounts from regular fees charged by the Authority, | 14 |
| subsidies for or assumption of the costs incurred with | 15 |
| respect to the convention, meeting, or trade show, or other | 16 |
| inducements. The Authority shall be reimbursed by the | 17 |
| Department of Commerce and Economic Opportunity for | 18 |
| incentives that qualify under the provisions of Section | 19 |
| 605-725 of the Civil Administrative Code of Illinois. | 20 |
| No later than February 15 of each year, the Chairman of | 21 |
| the Metropolitan Pier and Exposition Authority shall | 22 |
| certify to the Department of Commerce and Economic | 23 |
| Opportunity, the State Comptroller, and the State | 24 |
| Treasurer the amounts provided during the previous | 25 |
| calendar year as incentives for conventions, meetings, or | 26 |
| trade shows that demonstrate registered attendance in |
|
|
|
09600SB1846sam002 |
- 9 - |
LRB096 10971 HLH 24344 a |
|
| 1 |
| excess of 10,000 individuals, and that but for the | 2 |
| incentive, would not have used the facilities of the | 3 |
| Authority for the convention, meeting, or trade show. | 4 |
| Subject to appropriation, on July 15 of each year the | 5 |
| Comptroller shall order transferred and the Treasurer | 6 |
| shall transfer into the Metropolitan Pier and Exposition | 7 |
| Authority Incentive Fund from the General Revenue Fund the | 8 |
| lesser of the amount certified by the Chairman or | 9 |
| $10,000,000. No later than 30 days after the transfer, | 10 |
| amounts in the Fund shall be paid by the Department of | 11 |
| Commerce and Economic Opportunity to the Authority to | 12 |
| reimburse the Authority for incentives paid to attract | 13 |
| large conventions, meetings, and trade shows to its | 14 |
| facilities in the previous calendar year as provided in | 15 |
| Section 605-725 of the Civil Administrative Code of | 16 |
| Illinois. Provided that all amounts certified by the | 17 |
| Authority have been paid, on the last day of each fiscal | 18 |
| year moneys remaining in the Fund shall be transferred to | 19 |
| the General Revenue Fund. | 20 |
| Nothing in this Act shall be construed to authorize the | 21 |
| Authority to spend
the proceeds of any bonds or notes issued | 22 |
| under Section 13.2 or any taxes
levied under Section 13 to | 23 |
| construct a stadium to be leased to or used by
professional | 24 |
| sports teams.
| 25 |
| (Source: P.A. 94-1055, eff. 1-1-07.)"; and
|
|
|
|
09600SB1846sam002 |
- 10 - |
LRB096 10971 HLH 24344 a |
|
| 1 |
| on page 108, line 12, after "deficiencies", by inserting " in | 2 |
| such prior transfers, "; and | 3 |
| on page 108, line 16, by deleting " in such prior transfers, ".
|
|