Bill Text: IL SB3215 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Personnel Code. Creates a partial exemption for persons having specialized training in information technology deployment and support.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2010-05-28 - Public Act . . . . . . . . . 96-0899 [SB3215 Detail]
Download: Illinois-2009-SB3215-Enrolled.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. If and only if Senate Bill 28 (as enrolled) of | ||||||
5 | the 96th General Assembly becomes law, the Metropolitan Pier | ||||||
6 | and Exposition Authority Act is amended by changing Sections | ||||||
7 | 5.4, 5.6, 14.2, 14.5, and 25.4 as follows:
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8 | (70 ILCS 210/5.4) | ||||||
9 | Sec. 5.4. Exhibitor rights and work rule reforms.
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10 | (a) Legislative findings. | ||||||
11 | (1) The Authority is a political subdivision of the | ||||||
12 | State of Illinois subject to the plenary authority of the | ||||||
13 | General Assembly and was created for the benefit of the | ||||||
14 | general public to promote business, industry, commerce, | ||||||
15 | and tourism within the City of Chicago and the State of | ||||||
16 | Illinois. | ||||||
17 | (2) The Authority owns and operates McCormick Place and | ||||||
18 | Navy Pier, which have collectively 2.8 million square feet | ||||||
19 | of exhibit hall space, 700,000 square feet of meeting room | ||||||
20 | space. | ||||||
21 | (3) The Authority is a vital economic engine that | ||||||
22 | annually generates 65,000 jobs and $8 billion of economic |
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1 | activity for the State of Illinois through the trade shows, | ||||||
2 | conventions, and other meetings held and attended at | ||||||
3 | McCormick Place and Navy Pier. | ||||||
4 | (4) The Authority supports the operation of McCormick | ||||||
5 | Place and Navy Pier through not only fees on the rental of | ||||||
6 | exhibit and meeting room space, electrical and utility | ||||||
7 | service, food and beverage services, and parking, but also | ||||||
8 | hotel room rates paid by persons staying at the | ||||||
9 | Authority-owned hotel. | ||||||
10 | (5) The Authority has a compelling and proprietary | ||||||
11 | interest in the success, competitiveness, and continued | ||||||
12 | viability of McCormick Place and Navy Pier as the owner and | ||||||
13 | operator of the convention facilities and its obligation to | ||||||
14 | ensure that these facilities produce sufficient operating | ||||||
15 | revenues. | ||||||
16 | (6) The Authority's convention facilities were | ||||||
17 | constructed and renovated through the issuance of public | ||||||
18 | bonds that are directly repaid by State hotel, auto rental, | ||||||
19 | food and beverage, and airport and departure taxes paid | ||||||
20 | principally by persons who attend, work at, exhibit, and | ||||||
21 | provide goods and services to conventions, shows, | ||||||
22 | exhibitions, and meetings at McCormick Place and Navy Pier. | ||||||
23 | (7) State law also dedicates State occupation and use | ||||||
24 | tax revenues to fulfill debt service obligations on these | ||||||
25 | bonds should State hotel, auto rental, food and beverage, | ||||||
26 | and airport and departure taxes fail to generate sufficient |
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1 | revenue. | ||||||
2 | (8) Through fiscal year 2010, $55 million in State | ||||||
3 | occupation and use taxes will have been allocated to make | ||||||
4 | debt service payments on the Authority's bonds due to | ||||||
5 | shortfalls in State hotel, auto rental, food and beverage, | ||||||
6 | and airport and departure taxes. These shortfalls are | ||||||
7 | expected to continue in future fiscal years and would | ||||||
8 | require the annual dedication of approximately $40 million | ||||||
9 | in State occupation and use taxes to fulfill debt service | ||||||
10 | payments. | ||||||
11 | (9) In 2009, managers of the International Plastics | ||||||
12 | Showcase announced that 2009 was the last year they would | ||||||
13 | host their exhibition at McCormick Place, as they had since | ||||||
14 | 1971, because union labor work rules and electric and food | ||||||
15 | service costs make it uneconomical for the show managers | ||||||
16 | and exhibitors to use McCormick Place as a convention venue | ||||||
17 | as compared to convention facilities in Orlando, Florida | ||||||
18 | and Las Vegas, Nevada. The exhibition used over 740,000 | ||||||
19 | square feet of exhibit space, attracted over 43,000 | ||||||
20 | attendees, generated $4.8 million of revenues to McCormick | ||||||
21 | Place, and raised over $200,000 in taxes to pay debt | ||||||
22 | service on convention facility bonds. | ||||||
23 | (10) After the International Plastics Showcase | ||||||
24 | exhibition announced its departure, other conventions and | ||||||
25 | exhibitions managers and exhibitors also stated that they | ||||||
26 | would not return to McCormick Place and Navy Pier for the |
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1 | same reasons cited by the International Plastics Showcase | ||||||
2 | exhibition. In addition, still other managers and | ||||||
3 | exhibitors stated that they would not select McCormick | ||||||
4 | Place as a convention venue unless the union labor work | ||||||
5 | rules and electrical and food service costs were made | ||||||
6 | competitive with those in Orlando and Las Vegas. | ||||||
7 | (11) The General Assembly created the Joint Committee | ||||||
8 | on the Metropolitan Pier and Exposition Authority to | ||||||
9 | conduct hearings and obtain facts to determine how union | ||||||
10 | labor work rules and electrical and food service costs make | ||||||
11 | McCormick Place and Navy Pier uneconomical as a convention | ||||||
12 | venue. | ||||||
13 | (12) Witness testimony and fact-gathering revealed | ||||||
14 | that while the skilled labor provided by trade unions at | ||||||
15 | McCormick Place and Navy Pier is second to none and is | ||||||
16 | actually "exported" to work on conventions and exhibitions | ||||||
17 | held in Orlando and Las Vegas, restrictive work rules on | ||||||
18 | the activities show exhibitors may perform present | ||||||
19 | exhibitors and show managers with an uninviting atmosphere | ||||||
20 | and result in significantly higher costs than competing | ||||||
21 | convention facilities. | ||||||
22 | (13) Witness testimony and fact-gathering also | ||||||
23 | revealed that the mark-up on electrical and food service | ||||||
24 | imposed by the Authority to generate operating revenue for | ||||||
25 | McCormick Place and Navy Pier also substantially increased | ||||||
26 | exhibitor and show organizer costs to the point of excess |
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1 | when compared to competing convention facilities. | ||||||
2 | (14) Witness testimony and fact-gathering further | ||||||
3 | revealed that the additional departure of conventions, | ||||||
4 | exhibitions, and trade shows from Authority facilities | ||||||
5 | threatens the continued economic viability of these | ||||||
6 | facilities and the stability of sufficient tax revenues | ||||||
7 | necessary to support debt service. | ||||||
8 | (15) In order to safeguard the Authority's and State of | ||||||
9 | Illinois' shared compelling and proprietary interests in | ||||||
10 | McCormick Place and Navy Pier and in response to local | ||||||
11 | economic needs, the provisions contained in this Section | ||||||
12 | set forth mandated changes and reforms to restore and | ||||||
13 | ensure that (i) the Authority's facilities remain | ||||||
14 | economically competitive with other convention venues and | ||||||
15 | (ii) conventions, exhibitions, trade shows, and other | ||||||
16 | meetings are attracted to and retained at Authority | ||||||
17 | facilities by producing an exhibitor-friendly environment | ||||||
18 | and by reducing costs for exhibitors and show managers. | ||||||
19 | (16) The provisions set forth in this Section are | ||||||
20 | reasonable, necessary, and narrowly tailored to safeguard | ||||||
21 | the Authority's and State of Illinois' shared and | ||||||
22 | compelling proprietary interests and respond to local | ||||||
23 | economic needs as compared to the available alternative set | ||||||
24 | forth in House Bill 4900 of the 96th General Assembly and | ||||||
25 | proposals submitted to the Joint Committee on the | ||||||
26 | Metropolitan Pier and Exposition Authority. Action by the |
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1 | State offers the only comprehensive means to remedy the | ||||||
2 | circumstances set forth in these findings, despite the | ||||||
3 | concerted and laudable voluntary efforts of the Authority, | ||||||
4 | labor unions, show contractors, show managers, and | ||||||
5 | exhibitors.
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6 | (b) Definitions. As used in this Section: | ||||||
7 | "Booth" means the demarcated exhibit space of an | ||||||
8 | exhibitor on Authority premises. | ||||||
9 | "Contractor" or "show contractor" means any person who | ||||||
10 | contracts with the Authority, an exhibitor, or with the | ||||||
11 | manager of a show to provide any services related to | ||||||
12 | drayage, rigging, carpentry, decorating, electrical, | ||||||
13 | maintenance, mechanical, and food and beverage services or | ||||||
14 | related trades and duties for shows on Authority premises. | ||||||
15 | "Exhibitor" or "show exhibitor" means any person who | ||||||
16 | contracts with the Authority or with a manager or | ||||||
17 | contractor of a show held or to be held on Authority | ||||||
18 | premises. | ||||||
19 | "Exhibitor employee" means any person who has been | ||||||
20 | employed by the exhibitor as a full-time employee for a | ||||||
21 | minimum of 6 months before the show's opening date. | ||||||
22 | "Hand tools" means cordless tools, power tools, and | ||||||
23 | other tools as determined by the Authority. | ||||||
24 | "Licensee" means any entity that uses the Authority's | ||||||
25 | premises. |
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1 | "Manager" or "show manager" means any person that owns | ||||||
2 | or manages a show held or to be held on Authority premises. | ||||||
3 | "Personally owned vehicles" means the vehicles owned | ||||||
4 | by show exhibitors or the show management, excluding | ||||||
5 | commercially registered trucks, vans, and other vehicles | ||||||
6 | as determined by the Authority. | ||||||
7 | "Premises" means grounds, buildings, and facilities of | ||||||
8 | the Authority. | ||||||
9 | "Show" means a convention, exposition, trade show, | ||||||
10 | event, or meeting held on Authority premises by a show | ||||||
11 | manager or show contractor on behalf of a show manager. | ||||||
12 | "Union employees" means workers represented by a labor | ||||||
13 | organization, as defined in the National Labor Relations | ||||||
14 | Act, providing skilled labor services to exhibitors, a show | ||||||
15 | manager, or a show contractor on Authority premises.
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16 | (c) Exhibitor rights. | ||||||
17 | In order to control costs, increase the | ||||||
18 | competitiveness, and promote and provide for the economic | ||||||
19 | stability of Authority premises, all Authority contracts | ||||||
20 | with exhibitors, contractors, and managers shall include | ||||||
21 | the following minimum terms and conditions: | ||||||
22 | (1) Consistent with safety and the skills and training | ||||||
23 | necessary to perform the task, as determined by the | ||||||
24 | Authority, an exhibitor and exhibitor employees are | ||||||
25 | permitted in a booth of any size with the use of the |
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1 | exhibitor's ladders and hand tools to: | ||||||
2 | (i) set-up and dismantle exhibits displayed on | ||||||
3 | Authority premises; | ||||||
4 | (ii) assemble and disassemble materials, | ||||||
5 | machinery, or equipment on Authority premises; and | ||||||
6 | (iii) install all signs, graphics, props, | ||||||
7 | balloons, other decorative items, and the exhibitor's | ||||||
8 | own drapery, including the skirting of exhibitor | ||||||
9 | tables, on the Authority's premises. | ||||||
10 | (2) An exhibitor and exhibitor employees are permitted | ||||||
11 | in a booth of any size to deliver, set-up, plug in, | ||||||
12 | interconnect, and operate an exhibitor's electrical | ||||||
13 | equipment, computers, audio-visual devices, and other | ||||||
14 | equipment. | ||||||
15 | (3) An exhibitor and exhibitor employees are permitted | ||||||
16 | in a booth of any size to skid, position, and re-skid all | ||||||
17 | exhibitor material, machinery, and equipment on Authority | ||||||
18 | premises. | ||||||
19 | (4) An exhibitor and exhibitor employees are | ||||||
20 | prohibited at any time from using scooters, forklifts, | ||||||
21 | pallet jacks, condors, scissors lifts, motorized dollies, | ||||||
22 | or similar motorized or hydraulic equipment on Authority | ||||||
23 | premises. | ||||||
24 | (5) The Authority shall designate areas, in its | ||||||
25 | discretion, where exhibitors may unload and load exhibitor | ||||||
26 | materials from privately owned vehicles at Authority |
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1 | premises with the use of non-motorized hand trucks and | ||||||
2 | dollies. | ||||||
3 | (6) On Monday through Friday for any consecutive 8-hour | ||||||
4 | period during the hours of 6:00 a.m. and 10:00 p.m., union | ||||||
5 | employees on Authority premises shall be paid | ||||||
6 | straight-time hourly wages plus fringe benefits. Union | ||||||
7 | employees shall be paid straight-time and a half hourly | ||||||
8 | wages plus fringe benefits for labor services provided | ||||||
9 | after any consecutive 8-hour period; provided, however, | ||||||
10 | that between the hours of midnight and 6:00 a.m. union | ||||||
11 | employees shall be paid double straight-time wages plus | ||||||
12 | fringe benefits for labor services. | ||||||
13 | (7) On Monday through Friday for any consecutive 8-hour | ||||||
14 | period during the hours of 6:00 a.m. and 10:00 p.m., a show | ||||||
15 | manager or contractor shall charge an exhibitor only for | ||||||
16 | labor services provided by union employees on Authority | ||||||
17 | premises based on straight-time hourly wages plus fringe | ||||||
18 | benefits along with a reasonable mark-up. After any | ||||||
19 | consecutive 8-hour period, a show manager or contractor | ||||||
20 | shall charge an exhibitor only for labor services provided | ||||||
21 | by union employees based on straight-time and a half hourly | ||||||
22 | wages plus fringe benefits along with a reasonable mark-up; | ||||||
23 | provided, however, that between the hours of midnight and | ||||||
24 | 6:00 a.m. a show manager or contractor shall charge an | ||||||
25 | exhibitor only for labor services provided by union | ||||||
26 | employees based on double straight-time wages plus fringe |
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1 | benefits along with a reasonable mark-up. | ||||||
2 | (8) On Saturdays for any consecutive 8-hour period, | ||||||
3 | union employees on Authority premises shall be paid | ||||||
4 | straight-time and a half hourly wages plus fringe benefits. | ||||||
5 | After any consecutive 8-hour period, union employees on | ||||||
6 | Authority premises shall be paid double straight-time | ||||||
7 | hourly wages plus fringe benefits; provided, however, that | ||||||
8 | between the hours of midnight and 6:00 a.m. union employees | ||||||
9 | shall be paid double straight-time wages plus fringe | ||||||
10 | benefits for labor services. | ||||||
11 | (9) On Saturdays for any consecutive 8-hour period, a | ||||||
12 | show manager or contractor shall charge an exhibitor only | ||||||
13 | for labor services provided by union employees on Authority | ||||||
14 | premises based on straight-time and a half hourly wages | ||||||
15 | plus fringe benefits along with a reasonable mark-up. After | ||||||
16 | any consecutive 8-hour period, a show manager or contractor | ||||||
17 | shall charge an exhibitor only for labor services provided | ||||||
18 | by union employees based on double straight-time hourly | ||||||
19 | wages plus fringe benefits along with a reasonable mark-up; | ||||||
20 | provided, however, that between the hours of midnight and | ||||||
21 | 6:00 a.m. a show manager or contractor shall charge an | ||||||
22 | exhibitor only for labor services provided by union | ||||||
23 | employees based on double straight-time wages plus fringe | ||||||
24 | benefits along with a reasonable mark-up. | ||||||
25 | (10) On Sundays and on State and federal holidays, | ||||||
26 | union employees on Authority premises shall be paid double |
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1 | straight-time hourly wages plus fringe benefits. | ||||||
2 | (11) On Sundays and on State and federal holidays, a | ||||||
3 | show manager or contractor shall charge an exhibitor only | ||||||
4 | for labor services provided by union employees on Authority | ||||||
5 | premises based on double straight-time hourly wages plus | ||||||
6 | fringe benefits along with a reasonable mark-up. | ||||||
7 | (12) The Authority has the power to determine, after | ||||||
8 | consultation with the Advisory Council, the work | ||||||
9 | jurisdiction and scope of work of union employees on | ||||||
10 | Authority premises during the move-in, move-out, and run of | ||||||
11 | a show, provided that any affected labor organization may | ||||||
12 | contest the Authority's determination through a binding | ||||||
13 | decision of an independent, third-party arbitrator. When | ||||||
14 | making the determination, the Authority or arbitrator, as | ||||||
15 | the case may be, shall consider the training and skills | ||||||
16 | required to perform the task, past practices on Authority | ||||||
17 | premises, safety, and the need for efficiency and exhibitor | ||||||
18 | satisfaction. These factors shall be considered in their | ||||||
19 | totality and not in isolation. Nothing in this item permits | ||||||
20 | the Authority to eliminate any labor organization | ||||||
21 | representing union employees that provide labor services | ||||||
22 | on the move-in, move-out, and run of the show as of the | ||||||
23 | effective date of this amendatory Act of the 96th General | ||||||
24 | Assembly. | ||||||
25 | (13) During the run of a show, all stewards of union | ||||||
26 | employees shall be working stewards. Subject to the |
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1 | discretion of the Authority, no more than one working | ||||||
2 | steward per labor organization representing union | ||||||
3 | employees providing labor services on Authority premises | ||||||
4 | shall be used per building and per show. | ||||||
5 | (14) An exhibitor or show manager may request by name | ||||||
6 | specific union employees to provide labor services on | ||||||
7 | Authority premises consistent with all State and federal | ||||||
8 | laws. Union employees requested by an exhibitor shall take | ||||||
9 | priority over union employees requested by a show manager. | ||||||
10 | (15) A show manager or show contractor on behalf of a | ||||||
11 | show manager may retain an electrical contractor approved | ||||||
12 | by the Authority or Authority-provisioned electrical | ||||||
13 | services to provide electrical services on the premises. If | ||||||
14 | a show manager or show contractor on behalf of a show | ||||||
15 | manager retains Authority-provisioned electrical services, | ||||||
16 | then the Authority shall offer these services at a rate not | ||||||
17 | to exceed the cost of providing those services. | ||||||
18 | (16) Crew sizes for any task or operation shall not | ||||||
19 | exceed 2 persons unless, after consultation with the | ||||||
20 | Advisory Council, the Authority determines otherwise based | ||||||
21 | on the task, skills, and training required to perform the | ||||||
22 | task and on safety. | ||||||
23 | (17) An exhibitor may bring food and beverages on the | ||||||
24 | premises of the Authority for personal consumption. | ||||||
25 | (18) Show managers and contractors shall comply with | ||||||
26 | any audit performed under subsection (e) of this Section. |
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1 | (19) A show manager or contractor shall charge an | ||||||
2 | exhibitor only for labor services provided by union | ||||||
3 | employees on Authority premises on a minimum half-hour | ||||||
4 | basis. | ||||||
5 | The Authority has the power to implement, enforce, and | ||||||
6 | administer the exhibitor rights set forth in this subsection, | ||||||
7 | including the promulgation of rules. The Authority also has the | ||||||
8 | power to determine violations of this subsection and implement | ||||||
9 | appropriate remedies, including, but not limited to, barring | ||||||
10 | violators from Authority premises.
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11 | (d) Advisory Council. | ||||||
12 | (1) An Advisory Council is hereby established to ensure | ||||||
13 | an active and productive dialogue between all affected | ||||||
14 | stakeholders to ensure exhibitor satisfaction for | ||||||
15 | conventions, exhibitions, trade shows, and meetings held | ||||||
16 | on Authority premises. | ||||||
17 | (2) The composition of the Council shall be determined | ||||||
18 | by the Authority consistent with its existing practice for | ||||||
19 | labor-management relations. | ||||||
20 | (3) The Council shall hold meetings no less than once | ||||||
21 | every 90 days.
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22 | (e) Audit of exhibitor rights. | ||||||
23 | The Authority shall retain the services of a person to | ||||||
24 | complete, at least twice per calendar year, a financial |
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1 | statement audit and compliance attestation examination to | ||||||
2 | determine and verify that the exhibitor rights set forth in | ||||||
3 | this Section have produced cost reductions for exhibitors and | ||||||
4 | those cost reductions have been fairly passed along to | ||||||
5 | exhibitors. The financial statement audit shall be performed in | ||||||
6 | accordance with generally accepted auditing standards. The | ||||||
7 | compliance attestation examination shall be (i) performed in | ||||||
8 | accordance with attestation standards established by the | ||||||
9 | American Institute of Certified Public Accountants and shall | ||||||
10 | examine the compliance with the requirements set forth in this | ||||||
11 | Section and (ii) conducted by a licensed public accounting | ||||||
12 | firm, selected by the Authority from a list of firms | ||||||
13 | prequalified to do business with the Illinois Auditor General. | ||||||
14 | Upon request, a show contractor or manager shall provide the | ||||||
15 | Authority or person retained to provide auditing services with | ||||||
16 | any information and other documentation reasonably necessary | ||||||
17 | to perform the obligations set forth in this subsection. Upon | ||||||
18 | completion, the report shall be submitted to the Authority and | ||||||
19 | made publicly available on the Authority's website.
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20 | (f) Exhibitor service reforms. The Authority shall make every | ||||||
21 | effort to substantially reduce exhibitor's costs for | ||||||
22 | participating in shows. | ||||||
23 | (1) Any contract to provide food or beverage services | ||||||
24 | in the buildings and facilities of the Authority, except | ||||||
25 | Navy Pier, shall be provided at a rate not to exceed the |
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1 | cost established in the contract. The Board shall | ||||||
2 | periodically review all food and beverage contracts. | ||||||
3 | (2) A department or unit of the Authority shall not | ||||||
4 | serve as the exclusive provider of electrical services. | ||||||
5 | (3) Exhibitors shall receive a detailed statement of | ||||||
6 | all costs associated with utility services, including the | ||||||
7 | cost of labor, equipment, and materials.
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8 | (g) Severability. If any provision of this Section or its | ||||||
9 | application to any person or circumstance is held invalid, the | ||||||
10 | invalidity of that provision or application does not affect | ||||||
11 | other provisions or applications of this Section that can be | ||||||
12 | given effect without the invalid provision or application.
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13 | (Source: 09600SB0028enr.)
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14 | (70 ILCS 210/5.6) | ||||||
15 | Sec. 5.6. Marketing agreement. | ||||||
16 | (a) The Authority shall enter into a marketing agreement | ||||||
17 | with a not-for-profit organization headquartered in Chicago | ||||||
18 | and recognized by the Department of Commerce and Economic | ||||||
19 | Opportunity as a certified local tourism and convention bureau | ||||||
20 | entitled to receive State tourism grant funds, provided the | ||||||
21 | bylaws of the organization establish a board of the | ||||||
22 | organization that is comprised of 25 members serving 3-year | ||||||
23 | staggered terms, including the following: | ||||||
24 | (1) a Chair of the board of the organization appointed |
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1 | by the Mayor of the City of Chicago from among the business | ||||||
2 | and civic leaders of Chicago who are not engaged in the | ||||||
3 | hospitality business or who have not served as a member of | ||||||
4 | the Board or as chief executive officer of the Authority; | ||||||
5 | (2) the chairperson of the interim board or Board of | ||||||
6 | the Authority, or his or her designee; | ||||||
7 | (3) no more than 5 members from the hotel industry; | ||||||
8 | (4) no more than 2 members from the restaurant or | ||||||
9 | attractions industry; | ||||||
10 | (5) no more than 2 members employed by or representing | ||||||
11 | an entity responsible for a trade show; | ||||||
12 | (6) no more than 2 members representing unions; and | ||||||
13 | (7) no more than 2 members from the attractions | ||||||
14 | industry; and | ||||||
15 | (8) (7) the Director of the Illinois Department of | ||||||
16 | Commerce and Economic Opportunity, ex officio. | ||||||
17 | Persons with a real or apparent conflict of interest shall | ||||||
18 | not be appointed to the board. Members of the board of the | ||||||
19 | organization shall not serve more than 2 terms. The bylaws | ||||||
20 | shall require the following: (i) that the Chair of the | ||||||
21 | organization name no less than 5 and no more than 9 members to | ||||||
22 | the Executive Committee of the organization, one of whom must | ||||||
23 | be the chairperson of the interim board or Board of the | ||||||
24 | Authority, and (ii) a provision concerning conflict of interest | ||||||
25 | and a requirement that a member abstain from participating in | ||||||
26 | board action if there is a threat to the independence of |
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1 | judgment created by any conflict of interest or if | ||||||
2 | participation is likely to have a negative effect on public | ||||||
3 | confidence in the integrity of the board. | ||||||
4 | (b) The Authority shall notify the Department of Revenue | ||||||
5 | within 10 days after entering into a contract pursuant to this | ||||||
6 | Section.
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7 | (Source: 09600SB0028enr.)
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8 | (70 ILCS 210/14.2) | ||||||
9 | Sec. 14.2. Ethical conduct. | ||||||
10 | (a) The Trustee, members of the interim board, members of | ||||||
11 | the Board, and all employees of the Authority shall comply with | ||||||
12 | the provisions of the Illinois Governmental Ethics Act and | ||||||
13 | carry out duties and responsibilities in a manner that | ||||||
14 | preserves the public trust and confidence in the Authority. The | ||||||
15 | Trustee, members of the interim board, members of the Board, | ||||||
16 | and all employees of the Authority, including the spouse and | ||||||
17 | immediate family members of such person shall not: | ||||||
18 | (1) use or attempt to use their position to secure or | ||||||
19 | attempt to secure any privilege, advantage, favor, or | ||||||
20 | influence for himself or herself or others; | ||||||
21 | (2) accept for personal use any gift, gratuity, | ||||||
22 | service, compensation, travel, lodging, or thing of value, | ||||||
23 | with the exception of unsolicited items of an incidental | ||||||
24 | nature, from any person, corporation, or entity doing | ||||||
25 | business with the Authority; |
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1 | (3) hold or pursue employment, office, position, | ||||||
2 | business, or occupation that may conflict with his or her | ||||||
3 | official duties; | ||||||
4 | (4) influence any person or corporation doing business | ||||||
5 | with the Authority to hire or contract with any person or | ||||||
6 | corporation for any compensated work; | ||||||
7 | (5) engage in any activity that constitutes a conflict | ||||||
8 | of interest; or | ||||||
9 | (6) have a financial interest, directly or indirectly, | ||||||
10 | in any contract or subcontract for the performance of any | ||||||
11 | work for the Authority or a party to a contract with the | ||||||
12 | Authority, except this does not apply to an interest in any | ||||||
13 | such entity through an indirect means, such as through a | ||||||
14 | mutual fund. | ||||||
15 | (b) The Board shall develop an annual ethics training | ||||||
16 | program for members of the Board and all employees of the | ||||||
17 | Authority. | ||||||
18 | (c) No Trustee, member on the interim board, Board, or an | ||||||
19 | employee of the Authority, or spouse or immediate family member | ||||||
20 | living with such person, shall, within a period of one year | ||||||
21 | immediately after termination of service or employment, | ||||||
22 | knowingly accept employment or receive compensation or fees for | ||||||
23 | services from a person or entity if the Trustee, member , or | ||||||
24 | employee participated personally or substantially in the award | ||||||
25 | of a contract to that person or entity or in making a licensing | ||||||
26 | decision with regard to that person or entity . Nothing in this |
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1 | amendatory Act of the 96th General Assembly shall preclude an | ||||||
2 | employee of the Authority from accepting employment from the | ||||||
3 | private manager contracted to operate the Authority, provided | ||||||
4 | the employee did not participate personally or substantially in | ||||||
5 | the award of the contract to the private manager. | ||||||
6 | (d) Notwithstanding any other provision of this Act, the | ||||||
7 | Authority shall not enter into an agreement for consulting | ||||||
8 | services with or provide compensation or fees for consulting | ||||||
9 | services to the chief executive officer on April 1, 2010, a | ||||||
10 | member of the interim board on April 1, 2010, or any member of | ||||||
11 | the interim board or Board appointed on or after the effective | ||||||
12 | date of this amendatory Act of the 96th General Assembly.
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13 | (Source: 09600SB0028enr.)
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14 | (70 ILCS 210/14.5) | ||||||
15 | Sec. 14.5. Trustee of the Authority. | ||||||
16 | (a) Beginning on the effective date of this amendatory Act | ||||||
17 | of the 96th General Assembly, the Authority shall be governed | ||||||
18 | by a Trustee for a term of 18 months or until the Board created | ||||||
19 | in this amendatory Act of the 96th General Assembly appoints a | ||||||
20 | chief executive officer, whichever is longer. The James Reilly | ||||||
21 | shall serve as the Trustee of the Authority shall immediately | ||||||
22 | and assume all duties and powers of the Board and the chief | ||||||
23 | executive officer. The Trustee shall take all actions necessary | ||||||
24 | to carry into effect the provisions of this Act and this | ||||||
25 | amendatory Act of the 96th General Assembly. The Trustee shall |
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1 | receive an annual salary equal to the current salary of the | ||||||
2 | chief executive officer, minus 5%. | ||||||
3 | As provided in Senate Bill 28 of the 96th General Assembly, | ||||||
4 | the Trustee of the Authority is James Reilly, who served as the | ||||||
5 | Chief Operating Officer of the Authority from 1989 to 1999, | ||||||
6 | served as the Chief Operating Officer of the Chicago Convention | ||||||
7 | and Tourism Bureau from 1999 to 2004, and served as Chairman of | ||||||
8 | the Regional Transportation Authority Board. James Reilly may | ||||||
9 | be removed as Trustee only by a joint resolution of the General | ||||||
10 | Assembly approved by a majority of members elected to each | ||||||
11 | chamber; and the General Assembly shall thereupon notify the | ||||||
12 | Governor, Trustee, and interim board upon the adoption of a | ||||||
13 | joint resolution creating a vacancy in the position of Trustee | ||||||
14 | of the Authority. | ||||||
15 | (a-5) In the case of a vacancy in the office of Trustee of | ||||||
16 | the Authority, the Governor, with the advice and consent of the | ||||||
17 | Senate, shall appoint a Trustee within 5 calendar days. If the | ||||||
18 | vacancy occurs during a recess of the Senate, the Governor | ||||||
19 | shall make a temporary appointment within 5 calendar days and | ||||||
20 | the person shall serve until the next meeting of the Senate, | ||||||
21 | when the Governor shall nominate some person to fill the office | ||||||
22 | of Trustee. Any person so nominated who is confirmed by the | ||||||
23 | Senate shall hold the office of Trustee during the remainder of | ||||||
24 | the term as provided for in this Section. | ||||||
25 | Any Trustee of the Authority appointed by the Governor, | ||||||
26 | with the advice and consent of the Senate, shall be subject to |
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1 | the Governor's removal power provided for under Section 10 of | ||||||
2 | Article V of the Illinois Constitution. | ||||||
3 | (a-10) If the Trustee of the Authority, or the guardian of | ||||||
4 | his or her estate and person, notifies the Governor that he or | ||||||
5 | she is unable to perform the duties vested by law in the | ||||||
6 | Trustee, then the Governor may designate some person as acting | ||||||
7 | Trustee to execute and discharge those duties. When the Trustee | ||||||
8 | of the Authority is prepared to resume his or her duties, he or | ||||||
9 | she, or the guardian of his or her estate and person, shall do | ||||||
10 | so by notifying the Governor. | ||||||
11 | (b) It shall be the duty of the Trustee: | ||||||
12 | (1) to ensure the proper administration of the | ||||||
13 | Authority; | ||||||
14 | (2) to submit to the interim board monthly reports | ||||||
15 | detailing actions taken and the general status of the | ||||||
16 | Authority; | ||||||
17 | (3) to report to the General Assembly and Governor no | ||||||
18 | later than January 1, 2011, whether Navy Pier should remain | ||||||
19 | within the control of the Authority or serve as an entity | ||||||
20 | independent from the Authority; | ||||||
21 | (4) to enter into an agreement with a contractor or | ||||||
22 | private manager to operate the buildings and facilities of | ||||||
23 | the Authority, provided that the agreement is procured | ||||||
24 | using a request for proposal process in accordance with a | ||||||
25 | manner substantially similar to the Illinois Procurement | ||||||
26 | Code; |
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1 | (5) to enter into any agreements to license naming | ||||||
2 | rights of any building or facility of the Authority, | ||||||
3 | provided the Trustee determines such an agreement is in the | ||||||
4 | best interest of the Authority; | ||||||
5 | (6) to ensure the proper implementation, | ||||||
6 | administration, and enforcement of Section 5.4 of this Act; | ||||||
7 | and | ||||||
8 | (7) to ensure that any contract of the Authority to | ||||||
9 | provide food or beverage in the buildings and facilities of | ||||||
10 | the Authority, except Navy Pier, shall be provided at a | ||||||
11 | rate not to exceed the cost established in the contract. | ||||||
12 | (c) The Trustee shall notify the interim board prior to | ||||||
13 | entering into an agreement for a term of more than 24 months or | ||||||
14 | with a total value in excess of $100,000. Notification shall | ||||||
15 | include the purpose of the agreement, a description of the | ||||||
16 | agreement, disclosure of parties to the agreement, and the | ||||||
17 | total value of the agreement. Within 10 days after receiving | ||||||
18 | notice, the interim board may prohibit the Trustee from | ||||||
19 | entering into the agreement by a resolution approved by at | ||||||
20 | least 5 members of the interim board. The interim board may | ||||||
21 | veto any other action of the Trustee by a resolution approved | ||||||
22 | by at least 5 members of the interim board, provided that the | ||||||
23 | resolution is adopted within 30 days after the action. | ||||||
24 | (d) Any provision of this Act that requires approval by the | ||||||
25 | Chair of the Board or at least the approval of a majority of | ||||||
26 | the Board shall be deemed approved if the Trustee approves the |
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1 | action, subject to the restrictions in subsection (c).
| ||||||
2 | (Source: 09600SB0028enr.)
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3 | (70 ILCS 210/25.4) | ||||||
4 | Sec. 25.4. Contracts for professional services. | ||||||
5 | (a) When the Authority proposes to enter into a contract or | ||||||
6 | agreement for professional services, other than the marketing | ||||||
7 | agreement required in Section 5.6, the Authority shall use a | ||||||
8 | request for proposal process in accordance with a manner | ||||||
9 | substantially similar to the Illinois Procurement Code. | ||||||
10 | (b) Any person that submits a response to a request for | ||||||
11 | proposals under this Section shall disclose in the response the | ||||||
12 | name of each individual having a beneficial interest directly | ||||||
13 | or indirectly of more than 7 1/2% in such person and, if such | ||||||
14 | person is a corporation, the names of each of its officers and | ||||||
15 | directors. The person shall notify the Board of any changes in | ||||||
16 | its ownership or its officers or directors at the time such | ||||||
17 | changes occur if the change occurs during the pendency of a | ||||||
18 | proposal or a contract. | ||||||
19 | (c) All contracts and agreements under this Section shall | ||||||
20 | be authorized and approved by the Board and shall be set forth | ||||||
21 | in a writing executed by the contractor and the Authority. No | ||||||
22 | payment shall be made under this Section until a written | ||||||
23 | contract or agreement shall be so authorized, approved, and | ||||||
24 | executed. A copy of each contract or agreement (whether or not | ||||||
25 | exempted under this Section) and the response, if any, to the |
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| |||||||
1 | request for proposals upon which the contract was awarded must | ||||||
2 | be filed with the Secretary of the Authority and is required to | ||||||
3 | be open for public inspection. | ||||||
4 | (d) This Section applies to (i) contracts in excess of | ||||||
5 | $25,000 for professional services provided to the Authority, | ||||||
6 | including the services of accountants, architects, attorneys, | ||||||
7 | engineers, physicians, superintendents of construction, | ||||||
8 | financial advisors, bond trustees, and other similar | ||||||
9 | professionals possessing a high degree of skill and (ii) | ||||||
10 | contracts or bond purchase agreements in excess of $10,000 with | ||||||
11 | underwriters or investment bankers with respect to sale of the | ||||||
12 | Authority's bonds under this Act. This Section shall not apply | ||||||
13 | to contracts for professional services to be provided by, or | ||||||
14 | the agreement is with, a State agency, federal agency, or unit | ||||||
15 | of local government.
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16 | (Source: 09600SB0028enr.)
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17 | Section 99. Effective date. This Act takes effect upon | ||||||
18 | becoming law.
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