Bill Text: IL SB1992 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Department of Central Management Services Law of the Civil Administrative Code of Illinois. In a Section concerning the Illinois Transparency and Accountability Portal, provides that ITAP shall provide direct access to a database of current members of the General Assembly and State employees of the executive, legislative, and judicial branches. Provides that this database shall be sorted by Rutan status, status of position as subject to collective bargaining, and, for General Assembly members, per diem allowances and mileage paid.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-11-30 - Public Act . . . . . . . . . 97-0629 [SB1992 Detail]

Download: Illinois-2011-SB1992-Amended.html

---

Rep. Barbara Flynn Currie

Filed: 11/7/2011

09700SB1992ham002 LRB097 09282 AMC 59621 a
AMENDMENT TO SENATE BILL 1992
AMENDMENT NO. ______. Amend Senate Bill 1992 by replacing
everything after the enacting clause with the following:
"Section 1. Findings; purpose; text and revisory changes;
validation; additional material.
(a) It is the purpose of this Act to reenact the provisions
of subsection (c) of Section 5.4 of the Metropolitan Pier and
Exposition Authority Act, which a federal district court found
to be preempted under federal law on the grounds that it
regulates issues protected by Section 8 of the National Labor
Relations Act. Following the court's ruling, the parties to the
suit resolved their dispute related to the challenged
provisions. The reenactment of subsection (c) of Section 5.4
implements, in part, settlement agreements made and entered
into between the Authority and the plaintiffs that filed suit,
the Chicago Regional Council of Carpenters and the
International Brotherhood of Teamsters Local 727. The

09700SB1992ham002 - 2 - LRB097 09282 AMC 59621 a
agreements were filed with the Secretary of State Index
Department and designated as 97-GA-A01 and 97-GA-A02,
respectively.
(b) In this Act, the base text of the reenacted Section is
set forth as it existed at the time of the federal district
court's decision. Striking and underscoring is used only to
show the changes being made to that base text. The changes
being made to this Act are consistent with the settlement
agreement or declarative of existing law.
Section 5. The Metropolitan Pier and Exposition Authority
Act is amended by reenacting and changing Section 5.4 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

09700SB1992ham002 - 3 - LRB097 09282 AMC 59621 a
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.

09700SB1992ham002 - 4 - LRB097 09282 AMC 59621 a
(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.

09700SB1992ham002 - 5 - LRB097 09282 AMC 59621 a
(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

09700SB1992ham002 - 6 - LRB097 09282 AMC 59621 a
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

09700SB1992ham002 - 7 - LRB097 09282 AMC 59621 a
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.

09700SB1992ham002 - 8 - LRB097 09282 AMC 59621 a
"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.
"2011 Settlement Agreement" means the agreement that
the Authority made and entered into with the Chicago
Regional Council of Carpenters, not including any
revisions or amendments, and filed with the Illinois
Secretary of State Index Department and designated as
97-GA-A01.
"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.

09700SB1992ham002 - 9 - LRB097 09282 AMC 59621 a
(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

09700SB1992ham002 - 10 - LRB097 09282 AMC 59621 a
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

09700SB1992ham002 - 11 - LRB097 09282 AMC 59621 a
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) (Blank). 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) (Blank). 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

09700SB1992ham002 - 12 - LRB097 09282 AMC 59621 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) (Blank). 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) (Blank). 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

09700SB1992ham002 - 13 - LRB097 09282 AMC 59621 a
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. The Authority's
determination must be made in writing, set forth an
explanation and statement of the reason or reasons
supporting the determination, and be provided to each
affected labor organization. The changes in this item (12)
by this amendatory Act of the 97th General Assembly are
declarative of existing law and shall not be construed as a
new enactment. 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) (Blank). 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

09700SB1992ham002 - 14 - LRB097 09282 AMC 59621 a
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

09700SB1992ham002 - 15 - LRB097 09282 AMC 59621 a
power to determine violations of this subsection and implement
appropriate remedies, including, but not limited to, barring
violators from Authority premises. The provisions set forth in
this Section are binding and equally applicable to any show
conducted at Navy Pier, and this statement of the law is
declarative of existing law and shall not be construed as a new
enactment. The Authority may waive the applicability of only
item (6) of this subsection (c) to the extent necessary and
required to comply with paragraph 1 of Section F of the 2011
Settlement Agreement, as set forth on Page 12 of that
Agreement.
(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

09700SB1992ham002 - 16 - LRB097 09282 AMC 59621 a
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

09700SB1992ham002 - 17 - LRB097 09282 AMC 59621 a
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: P.A. 96-898, eff. 5-27-10; 96-899, eff. 5-28-10.)
Section 99. Effective date. This Act takes effect upon
becoming law.".