Bill Amendment: IL SB1850 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: MPEA ACT-INCENTIVE GRANT FUNDS

Status: 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB1850 Detail]

Download: Illinois-2021-SB1850-Senate_Amendment_001.html

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Sen. Mattie Hunter

Filed: 3/26/2021

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AMENDMENT TO SENATE BILL 1850
AMENDMENT NO. ______. Amend Senate Bill 1850 by replacing
everything after the enacting clause with the following:
"Section 5. The Metropolitan Pier and Exposition Authority
Act is amended by changing Sections 5 and 18 as follows:
(70 ILCS 210/5) (from Ch. 85, par. 1225)
Sec. 5. The Metropolitan Pier and Exposition Authority
shall also have the following rights and powers:
(a) To accept from Chicago Park Fair, a corporation,
an assignment of whatever sums of money it may have
received from the Fair and Exposition Fund, allocated by
the Department of Agriculture of the State of Illinois,
and Chicago Park Fair is hereby authorized to assign, set
over and transfer any of those funds to the Metropolitan
Pier and Exposition Authority. The Authority has the right
and power hereafter to receive sums as may be distributed

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to it by the Department of Agriculture of the State of
Illinois from the Fair and Exposition Fund pursuant to the
provisions of Sections 5, 6i, and 28 of the State Finance
Act. All sums received by the Authority shall be held in
the sole custody of the secretary-treasurer of the
Metropolitan Pier and Exposition Board.
(b) To accept the assignment of, assume and execute
any contracts heretofore entered into by Chicago Park
Fair.
(c) To acquire, own, construct, equip, lease, operate
and maintain grounds, buildings and facilities to carry
out its corporate purposes and duties, and to carry out or
otherwise provide for the recreational, cultural,
commercial or residential development of Navy Pier, and to
fix and collect just, reasonable and nondiscriminatory
charges for the use thereof. The charges so collected
shall be made available to defray the reasonable expenses
of the Authority and to pay the principal of and the
interest upon any revenue bonds issued by the Authority.
The Authority shall be subject to and comply with the Lake
Michigan and Chicago Lakefront Protection Ordinance, the
Chicago Building Code, the Chicago Zoning Ordinance, and
all ordinances and regulations of the City of Chicago
contained in the following Titles of the Municipal Code of
Chicago: Businesses, Occupations and Consumer Protection;
Health and Safety; Fire Prevention; Public Peace, Morals

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and Welfare; Utilities and Environmental Protection;
Streets, Public Ways, Parks, Airports and Harbors;
Electrical Equipment and Installation; Housing and
Economic Development (only Chapter 5-4 thereof); and
Revenue and Finance (only so far as such Title pertains to
the Authority's duty to collect taxes on behalf of the
City of Chicago).
(d) To enter into contracts treating in any manner
with the objects and purposes of this Act.
(e) To lease any buildings to the Adjutant General of
the State of Illinois for the use of the Illinois National
Guard or the Illinois Naval Militia.
(f) To exercise the right of eminent domain by
condemnation proceedings in the manner provided by the
Eminent Domain Act, including, with respect to Site B
only, the authority to exercise quick take condemnation by
immediate vesting of title under Article 20 of the Eminent
Domain Act, to acquire any privately owned real or
personal property and, with respect to Site B only, public
property used for rail transportation purposes (but no
such taking of such public property shall, in the
reasonable judgment of the owner, interfere with such rail
transportation) for the lawful purposes of the Authority
in Site A, at Navy Pier, and at Site B. Just compensation
for property taken or acquired under this paragraph shall
be paid in money or, notwithstanding any other provision

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of this Act and with the agreement of the owner of the
property to be taken or acquired, the Authority may convey
substitute property or interests in property or enter into
agreements with the property owner, including leases,
licenses, or concessions, with respect to any property
owned by the Authority, or may provide for other lawful
forms of just compensation to the owner. Any property
acquired in condemnation proceedings shall be used only as
provided in this Act. Except as otherwise provided by law,
the City of Chicago shall have a right of first refusal
prior to any sale of any such property by the Authority to
a third party other than substitute property. The
Authority shall develop and implement a relocation plan
for businesses displaced as a result of the Authority's
acquisition of property. The relocation plan shall be
substantially similar to provisions of the Uniform
Relocation Assistance and Real Property Acquisition Act
and regulations promulgated under that Act relating to
assistance to displaced businesses. To implement the
relocation plan the Authority may acquire property by
purchase or gift or may exercise the powers authorized in
this subsection (f), except the immediate vesting of title
under Article 20 of the Eminent Domain Act, to acquire
substitute private property within one mile of Site B for
the benefit of displaced businesses located on property
being acquired by the Authority. However, no such

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substitute property may be acquired by the Authority
unless the mayor of the municipality in which the property
is located certifies in writing that the acquisition is
consistent with the municipality's land use and economic
development policies and goals. The acquisition of
substitute property is declared to be for public use. In
exercising the powers authorized in this subsection (f),
the Authority shall use its best efforts to relocate
businesses within the area of McCormick Place or, failing
that, within the City of Chicago.
(g) To enter into contracts relating to construction
projects which provide for the delivery by the contractor
of a completed project, structure, improvement, or
specific portion thereof, for a fixed maximum price, which
contract may provide that the delivery of the project,
structure, improvement, or specific portion thereof, for
the fixed maximum price is insured or guaranteed by a
third party capable of completing the construction.
(h) To enter into agreements with any person with
respect to the use and occupancy of the grounds,
buildings, and facilities of the Authority, including
concession, license, and lease agreements on terms and
conditions as the Authority determines. Notwithstanding
Section 24, agreements with respect to the use and
occupancy of the grounds, buildings, and facilities of the
Authority for a term of more than one year shall be entered

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into in accordance with the procurement process provided
for in Section 25.1.
(i) To enter into agreements with any person with
respect to the operation and management of the grounds,
buildings, and facilities of the Authority or the
provision of goods and services on terms and conditions as
the Authority determines.
(j) After conducting the procurement process provided
for in Section 25.1, to enter into one or more contracts to
provide for the design and construction of all or part of
the Authority's Expansion Project grounds, buildings, and
facilities. Any contract for design and construction of
the Expansion Project shall be in the form authorized by
subsection (g), shall be for a fixed maximum price not in
excess of the funds that are authorized to be made
available for those purposes during the term of the
contract, and shall be entered into before commencement of
construction.
(k) To enter into agreements, including project
agreements with labor unions, that the Authority deems
necessary to complete the Expansion Project or any other
construction or improvement project in the most timely and
efficient manner and without strikes, picketing, or other
actions that might cause disruption or delay and thereby
add to the cost of the project.
(l) To provide incentives to organizations and

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entities that agree to make use of the grounds, buildings,
and facilities of the Authority for conventions, meetings,
or trade shows. The incentives may take the form of
discounts from regular fees charged by the Authority,
subsidies for or assumption of the costs incurred with
respect to the convention, meeting, or trade show, or
other inducements. The Authority shall award incentives to
attract or retain large conventions, meetings, and trade
shows to its facilities under the terms set forth in this
subsection (l) from amounts appropriated to the Authority
from the Metropolitan Pier and Exposition Authority
Incentive Fund for this purpose.
No later than May 15 of each year, the Chief Executive
Officer of the Metropolitan Pier and Exposition Authority
shall certify to the State Comptroller and the State
Treasurer the amounts of incentive grant funds used during
the current fiscal year to provide incentives for
conventions, meetings, or trade shows that (i) have been
approved by the Authority, in consultation with an
organization meeting the qualifications set out in Section
5.6 of this Act, provided the Authority has entered into a
marketing agreement with such an organization, (ii) (A)
for fiscal years prior to 2022 and after 2024, demonstrate
registered attendance in excess of 5,000 individuals or in
excess of 10,000 individuals, as appropriate; (B) for
fiscal years 2022 through 2024, demonstrate registered

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attendance in excess of 3,000 individuals or in excess of
5,000 individuals, as appropriate; or (C) for fiscal years
2022 and 2023, regardless of registered attendance,
demonstrate incurrence of costs associated with mitigation
of COVID-19, including, but not limited to, costs for
testing and screening, contact tracing and notification,
personal protective equipment, and other physical,
structural, and organizational costs, and (iii) in the
case of subsections (ii)(A) and (B), but for the
incentive, would not have used the facilities of the
Authority for the convention, meeting, or trade show. The
State Comptroller may request that the Auditor General
conduct an audit of the accuracy of the certification. If
the State Comptroller determines by this process of
certification that incentive funds, in whole or in part,
were disbursed by the Authority by means other than in
accordance with the standards of this subsection (l), then
any amount transferred to the Metropolitan Pier and
Exposition Authority Incentive Fund shall be reduced
during the next subsequent transfer in direct proportion
to that amount determined to be in violation of the terms
set forth in this subsection (l).
On July 15, 2012, the Comptroller shall order
transferred, and the Treasurer shall transfer, into the
Metropolitan Pier and Exposition Authority Incentive Fund
from the General Revenue Fund the sum of $7,500,000 plus

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an amount equal to the incentive grant funds certified by
the Chief Executive Officer as having been lawfully paid
under the provisions of this Section in the previous 2
fiscal years that have not otherwise been transferred into
the Metropolitan Pier and Exposition Authority Incentive
Fund, provided that transfers in excess of $15,000,000
shall not be made in any fiscal year.
On July 15, 2013, the Comptroller shall order
transferred, and the Treasurer shall transfer, into the
Metropolitan Pier and Exposition Authority Incentive Fund
from the General Revenue Fund the sum of $7,500,000 plus
an amount equal to the incentive grant funds certified by
the Chief Executive Officer as having been lawfully paid
under the provisions of this Section in the previous
fiscal year that have not otherwise been transferred into
the Metropolitan Pier and Exposition Authority Incentive
Fund, provided that transfers in excess of $15,000,000
shall not be made in any fiscal year.
On July 15, 2014, and every year thereafter, the
Comptroller shall order transferred, and the Treasurer
shall transfer, into the Metropolitan Pier and Exposition
Authority Incentive Fund from the General Revenue Fund an
amount equal to the incentive grant funds certified by the
Chief Executive Officer as having been lawfully paid under
the provisions of this Section in the previous fiscal year
that have not otherwise been transferred into the

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Metropolitan Pier and Exposition Authority Incentive Fund,
provided that (1) no transfers with respect to any
previous fiscal year shall be made after the transfer has
been made with respect to the 2017 fiscal year until the
transfer that is made with respect to the 2022 fiscal year
and thereafter, and no transfers with respect to any
previous fiscal year shall be made after the transfer has
been made with respect to the 2026 fiscal year and (2)
transfers in excess of $15,000,000 shall not be made in
any fiscal year.
After a transfer has been made under this subsection
(l), the Chief Executive Officer shall file a request for
payment with the Comptroller evidencing that the incentive
grants have been made and the Comptroller shall thereafter
order paid, and the Treasurer shall pay, the requested
amounts to the Metropolitan Pier and Exposition Authority.
Excluding any amounts related to the payment of costs
associated with the mitigation of COVID-19 in accordance
with this subsection (l), in In no case shall more than
$5,000,000 be used in any one fiscal year by the Authority
for incentives granted to conventions, meetings, or trade
shows with a registered attendance of (1) more than 5,000
and less than 10,000 prior to the 2022 fiscal year and
after the 2024 fiscal year and (2) more than 3,000 and less
than 5,000 for fiscal years 2022 through 2024. Amounts in
the Metropolitan Pier and Exposition Authority Incentive

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Fund shall only be used by the Authority for incentives
paid to attract or retain large conventions, meetings, and
trade shows to its facilities as provided in this
subsection (l).
(l-5) The Village of Rosemont shall provide incentives
from amounts transferred into the Convention Center
Support Fund to retain and attract conventions, meetings,
or trade shows to the Donald E. Stephens Convention Center
under the terms set forth in this subsection (l-5).
No later than May 15 of each year, the Mayor of the
Village of Rosemont or his or her designee shall certify
to the State Comptroller and the State Treasurer the
amounts of incentive grant funds used during the previous
fiscal year to provide incentives for conventions,
meetings, or trade shows that (1) have been approved by
the Village, (2) demonstrate registered attendance in
excess of 5,000 individuals, and (3) but for the
incentive, would not have used the Donald E. Stephens
Convention Center facilities for the convention, meeting,
or trade show. The State Comptroller may request that the
Auditor General conduct an audit of the accuracy of the
certification.
If the State Comptroller determines by this process of
certification that incentive funds, in whole or in part,
were disbursed by the Village by means other than in
accordance with the standards of this subsection (l-5),

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then the amount transferred to the Convention Center
Support Fund shall be reduced during the next subsequent
transfer in direct proportion to that amount determined to
be in violation of the terms set forth in this subsection
(l-5).
On July 15, 2012, and each year thereafter, the
Comptroller shall order transferred, and the Treasurer
shall transfer, into the Convention Center Support Fund
from the General Revenue Fund the amount of $5,000,000 for
(i) incentives to attract large conventions, meetings, and
trade shows to the Donald E. Stephens Convention Center,
and (ii) to be used by the Village of Rosemont for the
repair, maintenance, and improvement of the Donald E.
Stephens Convention Center and for debt service on debt
instruments issued for those purposes by the village. No
later than 30 days after the transfer, the Comptroller
shall order paid, and the Treasurer shall pay, to the
Village of Rosemont the amounts transferred.
(m) To enter into contracts with any person conveying
the naming rights or other intellectual property rights
with respect to the grounds, buildings, and facilities of
the Authority.
(n) To enter into grant agreements with the Chicago
Convention and Tourism Bureau providing for the marketing
of the convention facilities to large and small
conventions, meetings, and trade shows and the promotion

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of the travel industry in the City of Chicago, provided
such agreements meet the requirements of Section 5.6 of
this Act. Receipts of the Authority from the increase in
the airport departure tax authorized by Section 13(f) of
this amendatory Act of the 96th General Assembly and,
subject to appropriation to the Authority, funds deposited
in the Chicago Travel Industry Promotion Fund pursuant to
Section 6 of the Hotel Operators' Occupation Tax Act shall
be granted to the Bureau for such purposes.
(Source: P.A. 100-23, eff. 7-6-17.)
(70 ILCS 210/18) (from Ch. 85, par. 1238)
Sec. 18. Regular meetings of the Board shall be held at
least 8 times once in each calendar year month, the time and
place of such meetings to be fixed by the Board, provided that
if a meeting is not held in a calendar month, a meeting shall
be held in the following calendar month. All action and
meetings of the Board and its committees shall be subject to
the provisions of the Open Meetings Act. A majority of the
statutorily authorized members of the Board shall constitute a
quorum for the transaction of business. All action of the
Board shall be by rule, regulation, ordinance or resolution
and the affirmative vote of at least a majority of the
statutorily authorized members shall be necessary for the
adoption of any rule, regulation, ordinance or resolution. All
rules, regulations, ordinances, resolutions and all

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proceedings of the Authority and all documents and records in
its possession shall be public records, and open to public
inspection, except such documents and records as shall be kept
or prepared by the Board for use in negotiations, action or
proceedings to which the Authority is a party. All records of
the Authority shall be subject to the provisions of the
Illinois Freedom of Information Act.
(Source: P.A. 84-1027.)
Section 99. Effective date. This Act takes effect upon
becoming law.".