Bill Text: IL SB1850 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Metropolitan Pier and Exposition Authority Act. In provisions regarding the Metropolitan Pier and Exposition Authority's Chief Executive Officer's requirement to certify to the State Comptroller and the State Treasurer the amounts of incentive grant funds used during the current fiscal year, provides that, during the years 2022 through 2024, the certification shall demonstrate registered attendance in excess of 3,000 individuals or in excess of 5,000 individuals, as appropriate, rather than registered attendance in excess of 5,000 individuals or in excess of 10,000 individuals, as appropriate. Provides that, on July 15, 2022 and each July 15 thereafter through July 15, 2026, 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 the Section in the previous fiscal year that have not otherwise been transferred into the Metropolitan Pier and Exposition Authority Incentive Fund, except that transfers in excess of $15,000,000 shall not be made in any fiscal year. Makes other changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB1850 Detail]
Download: Illinois-2021-SB1850-Introduced.html
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1 | AN ACT concerning local 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. The Metropolitan Pier and Exposition Authority | |||||||||||||||||||||
5 | Act is amended by changing Sections 5 and 18 as follows:
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6 | (70 ILCS 210/5) (from Ch. 85, par. 1225) | |||||||||||||||||||||
7 | Sec. 5. The Metropolitan Pier and Exposition Authority | |||||||||||||||||||||
8 | shall also have the
following rights and powers: | |||||||||||||||||||||
9 | (a) To accept from Chicago Park Fair, a corporation, | |||||||||||||||||||||
10 | an assignment of
whatever sums of money it may have | |||||||||||||||||||||
11 | received from the Fair and Exposition
Fund, allocated by | |||||||||||||||||||||
12 | the Department of Agriculture of the State of Illinois,
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13 | and Chicago Park Fair is hereby authorized to assign, set | |||||||||||||||||||||
14 | over and transfer
any of those funds to the Metropolitan | |||||||||||||||||||||
15 | Pier and Exposition Authority. The
Authority has the right | |||||||||||||||||||||
16 | and power hereafter to receive sums as may be
distributed | |||||||||||||||||||||
17 | to it by the Department of Agriculture of the State of | |||||||||||||||||||||
18 | Illinois
from the Fair and Exposition Fund pursuant to the | |||||||||||||||||||||
19 | provisions of Sections 5,
6i, and 28 of the State Finance | |||||||||||||||||||||
20 | Act. All sums received by the Authority
shall be held in | |||||||||||||||||||||
21 | the sole custody of the secretary-treasurer of the
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22 | Metropolitan Pier and Exposition Board. | |||||||||||||||||||||
23 | (b) To accept the assignment of, assume and execute |
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1 | any contracts
heretofore entered into by Chicago Park | ||||||
2 | Fair. | ||||||
3 | (c) To acquire, own, construct, equip, lease, operate | ||||||
4 | and maintain
grounds, buildings and facilities to carry | ||||||
5 | out its corporate purposes and
duties, and to carry out or | ||||||
6 | otherwise provide for the recreational,
cultural, | ||||||
7 | commercial or residential development of Navy Pier, and to | ||||||
8 | fix
and collect just, reasonable and nondiscriminatory | ||||||
9 | charges for the use
thereof. The charges so collected | ||||||
10 | shall be made available to defray the
reasonable expenses | ||||||
11 | of the Authority and to pay the principal of and the
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12 | interest upon any revenue bonds issued by the Authority. | ||||||
13 | The Authority
shall be subject to and comply with the Lake | ||||||
14 | Michigan and Chicago Lakefront
Protection Ordinance, the | ||||||
15 | Chicago Building Code, the Chicago Zoning
Ordinance, and | ||||||
16 | all ordinances and regulations of the City of Chicago
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17 | contained in the following Titles of the Municipal Code of | ||||||
18 | Chicago:
Businesses, Occupations and Consumer Protection; | ||||||
19 | Health and Safety; Fire
Prevention; Public Peace, Morals | ||||||
20 | and Welfare; Utilities
and Environmental Protection; | ||||||
21 | Streets, Public Ways, Parks, Airports and
Harbors; | ||||||
22 | Electrical Equipment and Installation; Housing and | ||||||
23 | Economic
Development (only Chapter 5-4 thereof); and | ||||||
24 | Revenue and Finance (only so far
as such Title pertains to | ||||||
25 | the Authority's duty to collect taxes on behalf
of the | ||||||
26 | City of Chicago). |
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1 | (d) To enter into contracts treating in any manner | ||||||
2 | with the objects and
purposes of this Act. | ||||||
3 | (e) To lease any buildings to the Adjutant General of | ||||||
4 | the State of
Illinois for the use of the Illinois National | ||||||
5 | Guard or the Illinois
Naval Militia. | ||||||
6 | (f) To exercise the right of eminent domain by | ||||||
7 | condemnation proceedings
in the manner provided by the | ||||||
8 | Eminent Domain Act,
including, with respect to Site B | ||||||
9 | only, the authority to exercise quick
take condemnation by | ||||||
10 | immediate vesting of title under Article 20 of the Eminent | ||||||
11 | Domain Act, to acquire any privately
owned real or | ||||||
12 | personal property and, with respect to Site B only, public
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13 | property used for rail transportation purposes (but no | ||||||
14 | such taking of such
public property shall, in the | ||||||
15 | reasonable judgment of the owner, interfere
with such rail | ||||||
16 | transportation) for the lawful purposes of the Authority | ||||||
17 | in
Site A, at Navy Pier, and at Site B. Just compensation | ||||||
18 | for property taken
or acquired under this paragraph shall | ||||||
19 | be paid in money or, notwithstanding
any other provision | ||||||
20 | of this Act and with the agreement of the owner of the
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21 | property to be taken or acquired, the Authority may convey | ||||||
22 | substitute
property or interests in property or enter into | ||||||
23 | agreements with the
property owner, including leases, | ||||||
24 | licenses, or concessions, with respect to
any property | ||||||
25 | owned by the Authority, or may provide for other lawful | ||||||
26 | forms
of just compensation to the owner. Any property |
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1 | acquired in condemnation
proceedings shall be used only as | ||||||
2 | provided in this Act. Except as
otherwise provided by law, | ||||||
3 | the City of Chicago shall have a right of first
refusal | ||||||
4 | prior to any sale of any such property by the Authority to | ||||||
5 | a third
party other than substitute property. The | ||||||
6 | Authority shall develop and
implement a relocation plan | ||||||
7 | for businesses displaced as a result of the
Authority's | ||||||
8 | acquisition of property. The relocation plan shall be
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9 | substantially similar to provisions of the Uniform | ||||||
10 | Relocation Assistance
and Real Property Acquisition Act | ||||||
11 | and regulations promulgated under that
Act relating to | ||||||
12 | assistance to displaced businesses. To implement the
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13 | relocation plan the Authority may acquire property by | ||||||
14 | purchase or gift or
may exercise the powers authorized in | ||||||
15 | this subsection (f), except the
immediate vesting of title | ||||||
16 | under Article 20 of the Eminent Domain Act, to acquire | ||||||
17 | substitute private property within one mile
of Site B for | ||||||
18 | the benefit of displaced businesses located on property | ||||||
19 | being
acquired by the Authority. However, no such | ||||||
20 | substitute property may be
acquired by the Authority | ||||||
21 | unless the mayor of the municipality in which the
property | ||||||
22 | is located certifies in writing that the acquisition is | ||||||
23 | consistent
with the municipality's land use and economic | ||||||
24 | development policies and
goals. The acquisition of | ||||||
25 | substitute property is declared to be for public
use. In | ||||||
26 | exercising the powers authorized in this subsection (f), |
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1 | the
Authority shall use its best efforts to relocate | ||||||
2 | businesses within the area
of McCormick Place or, failing | ||||||
3 | that, within the City of Chicago. | ||||||
4 | (g) To enter into contracts relating to construction | ||||||
5 | projects which
provide for the delivery by the contractor | ||||||
6 | of a completed project,
structure, improvement, or | ||||||
7 | specific portion thereof, for a fixed maximum
price, which | ||||||
8 | contract may provide that the delivery of the project,
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9 | structure, improvement, or specific portion thereof, for | ||||||
10 | the fixed maximum
price is insured or guaranteed by a | ||||||
11 | third party capable of completing
the construction. | ||||||
12 | (h) To enter into agreements with any person with | ||||||
13 | respect to the use
and occupancy of the grounds, | ||||||
14 | buildings, and facilities of the Authority,
including | ||||||
15 | concession, license, and lease agreements on terms and | ||||||
16 | conditions as
the Authority determines. Notwithstanding | ||||||
17 | Section 24, agreements with respect
to the use and | ||||||
18 | occupancy of the grounds, buildings, and facilities of the
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19 | Authority for a term of more than one year shall be entered | ||||||
20 | into in accordance
with the procurement process provided | ||||||
21 | for in Section 25.1. | ||||||
22 | (i) To enter into agreements with any person with | ||||||
23 | respect to the
operation and management of the grounds, | ||||||
24 | buildings, and facilities of the
Authority or the | ||||||
25 | provision of goods and services on terms and
conditions as | ||||||
26 | the Authority determines. |
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1 | (j) After conducting the procurement process provided | ||||||
2 | for in Section 25.1,
to enter into one or more contracts to | ||||||
3 | provide for the design and
construction of all or part of | ||||||
4 | the Authority's Expansion Project grounds,
buildings, and | ||||||
5 | facilities. Any contract for design and construction of | ||||||
6 | the
Expansion Project shall be in the form authorized by | ||||||
7 | subsection (g), shall
be for a fixed maximum price not in | ||||||
8 | excess of the funds that are authorized
to be made | ||||||
9 | available
for those purposes during the term of the | ||||||
10 | contract, and shall be entered
into before commencement of | ||||||
11 | construction. | ||||||
12 | (k) To enter into agreements, including project | ||||||
13 | agreements with labor
unions, that the Authority deems | ||||||
14 | necessary to complete the Expansion Project
or any other | ||||||
15 | construction or improvement project in the most timely
and | ||||||
16 | efficient manner and without strikes, picketing, or other | ||||||
17 | actions that
might cause disruption or delay and thereby | ||||||
18 | add to the cost of the project. | ||||||
19 | (l) To provide incentives to organizations and | ||||||
20 | entities that agree to make use of the grounds, buildings, | ||||||
21 | and facilities of the Authority for conventions, meetings, | ||||||
22 | or trade shows. The incentives may take the form of | ||||||
23 | discounts from regular fees charged by the Authority, | ||||||
24 | subsidies for or assumption of the costs incurred with | ||||||
25 | respect to the convention, meeting, or trade show, or | ||||||
26 | other inducements. The Authority shall award incentives to |
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1 | attract or retain large conventions, meetings, and trade | ||||||
2 | shows to its facilities under the terms set forth in this | ||||||
3 | subsection (l) from amounts appropriated to the Authority | ||||||
4 | from the Metropolitan Pier and Exposition Authority | ||||||
5 | Incentive Fund for this purpose. | ||||||
6 | No later than May 15 of each year, the Chief Executive | ||||||
7 | Officer of the Metropolitan Pier and Exposition Authority | ||||||
8 | shall certify to the State Comptroller and the State | ||||||
9 | Treasurer the amounts of incentive grant funds used during | ||||||
10 | the current fiscal year to provide incentives for | ||||||
11 | conventions, meetings, or trade shows that (i) have been | ||||||
12 | approved by the Authority, in consultation with an | ||||||
13 | organization meeting the qualifications set out in Section | ||||||
14 | 5.6 of this Act, provided the Authority has entered into a | ||||||
15 | marketing agreement with such an organization, (ii) | ||||||
16 | demonstrate registered attendance in excess of 5,000 | ||||||
17 | individuals or in excess of 10,000 individuals, as | ||||||
18 | appropriate, and (iii) but for the incentive, would not | ||||||
19 | have used the facilities of the Authority for the | ||||||
20 | convention, meeting, or trade show ; except that, for years | ||||||
21 | 2022 through 2024, the certification shall demonstrate | ||||||
22 | registered attendance in excess of 3,000 individuals or in | ||||||
23 | excess of 5,000 individuals, as appropriate, rather than | ||||||
24 | registered attendance in excess of 5,000 individuals or in | ||||||
25 | excess of 10,000 individuals, as appropriate . The State | ||||||
26 | Comptroller may request that the Auditor General conduct |
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1 | an audit of the accuracy of the certification. If the | ||||||
2 | State Comptroller determines by this process of | ||||||
3 | certification that incentive funds, in whole or in part, | ||||||
4 | were disbursed by the Authority by means other than in | ||||||
5 | accordance with the standards of this subsection (l), then | ||||||
6 | any amount transferred to the Metropolitan Pier and | ||||||
7 | Exposition Authority Incentive Fund shall be reduced | ||||||
8 | during the next subsequent transfer in direct proportion | ||||||
9 | to that amount determined to be in violation of the terms | ||||||
10 | set forth in this subsection (l). | ||||||
11 | On July 15, 2012, the Comptroller shall order | ||||||
12 | transferred, and the Treasurer shall transfer, into the | ||||||
13 | Metropolitan Pier and Exposition Authority Incentive Fund | ||||||
14 | from the General Revenue Fund the sum of $7,500,000 plus | ||||||
15 | an amount equal to the incentive grant funds certified by | ||||||
16 | the Chief Executive Officer as having been lawfully paid | ||||||
17 | under the provisions of this Section in the previous 2 | ||||||
18 | fiscal years that have not otherwise been transferred into | ||||||
19 | the Metropolitan Pier and Exposition Authority Incentive | ||||||
20 | Fund, provided that transfers in excess of $15,000,000 | ||||||
21 | shall not be made in any fiscal year. | ||||||
22 | On July 15, 2013, the Comptroller shall order | ||||||
23 | transferred, and the Treasurer shall transfer, into the | ||||||
24 | Metropolitan Pier and Exposition Authority Incentive Fund | ||||||
25 | from the General Revenue Fund the sum of $7,500,000 plus | ||||||
26 | an amount equal to the incentive grant funds certified by |
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1 | the Chief Executive Officer as having been lawfully paid | ||||||
2 | under the provisions of this Section in the previous | ||||||
3 | fiscal year that have not otherwise been transferred into | ||||||
4 | the Metropolitan Pier and Exposition Authority Incentive | ||||||
5 | Fund, provided that transfers in excess of $15,000,000 | ||||||
6 | shall not be made in any fiscal year. | ||||||
7 | On July 15, 2014, and every year thereafter through | ||||||
8 | July 15, 2017 , the Comptroller shall order transferred, | ||||||
9 | and the Treasurer shall transfer, into the Metropolitan | ||||||
10 | Pier and Exposition Authority Incentive Fund from the | ||||||
11 | General Revenue Fund an amount equal to the incentive | ||||||
12 | grant funds certified by the Chief Executive Officer as | ||||||
13 | having been lawfully paid under the provisions of this | ||||||
14 | Section in the previous fiscal year that have not | ||||||
15 | otherwise been transferred into the Metropolitan Pier and | ||||||
16 | Exposition Authority Incentive Fund, provided that (1) no | ||||||
17 | transfers with respect to any previous fiscal year shall | ||||||
18 | be made after the transfer has been made with respect to | ||||||
19 | the 2017 fiscal year and (2) transfers in excess of | ||||||
20 | $15,000,000 shall not be made in any fiscal year. | ||||||
21 | On July 15, 2022 and each July 15 thereafter through | ||||||
22 | July 15, 2026, the Comptroller shall order transferred, | ||||||
23 | and the Treasurer shall transfer, into the Metropolitan | ||||||
24 | Pier and Exposition Authority Incentive Fund from the | ||||||
25 | General Revenue Fund an amount equal to the incentive | ||||||
26 | grant funds certified by the Chief Executive Officer as |
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1 | having been lawfully paid under the provisions of this | ||||||
2 | Section in the previous fiscal year that have not | ||||||
3 | otherwise been transferred into the Metropolitan Pier and | ||||||
4 | Exposition Authority Incentive Fund, provided that | ||||||
5 | transfers in excess of $15,000,000 shall not be made in | ||||||
6 | any fiscal year. | ||||||
7 | No transfers for any previous year shall be made | ||||||
8 | pursuant to this subsection (l) after the transfer has | ||||||
9 | been made for the 2026 fiscal year. | ||||||
10 | After a transfer has been made under this subsection | ||||||
11 | (l), the Chief Executive Officer shall file a request for | ||||||
12 | payment with the Comptroller evidencing that the incentive | ||||||
13 | grants have been made and the Comptroller shall thereafter | ||||||
14 | order paid, and the Treasurer shall pay, the requested | ||||||
15 | amounts to the Metropolitan Pier and Exposition Authority. | ||||||
16 | In no case shall more than $5,000,000 be used in any | ||||||
17 | one fiscal year by the Authority for incentives granted to | ||||||
18 | conventions, meetings, or trade shows with a registered | ||||||
19 | attendance of more than 5,000 and less than 10,000 ; except | ||||||
20 | that, for the 2022, 2023, and 2024 fiscal years, in no case | ||||||
21 | shall more than $5,000,000 be used in such fiscal year by | ||||||
22 | the Authority for incentives granted to conventions, | ||||||
23 | meetings, or trade shows with a registered attendance of | ||||||
24 | more than 3,000 and less than 5,000 . Amounts in the | ||||||
25 | Metropolitan Pier and Exposition Authority Incentive Fund | ||||||
26 | shall only be used by the Authority for incentives paid to |
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1 | attract large conventions, meetings, and trade shows to | ||||||
2 | its facilities as provided in this subsection (l). | ||||||
3 | (l-5) The Village of Rosemont shall provide incentives | ||||||
4 | from amounts transferred into the Convention Center | ||||||
5 | Support Fund to retain and attract conventions, meetings, | ||||||
6 | or trade shows to the Donald E. Stephens Convention Center | ||||||
7 | under the terms set forth in this subsection (l-5). | ||||||
8 | No later than May 15 of each year, the Mayor of the | ||||||
9 | Village of Rosemont or his or her designee shall certify | ||||||
10 | to the State Comptroller and the State Treasurer the | ||||||
11 | amounts of incentive grant funds used during the previous | ||||||
12 | fiscal year to provide incentives for conventions, | ||||||
13 | meetings, or trade shows that (1) have been approved by | ||||||
14 | the Village, (2) demonstrate registered attendance in | ||||||
15 | excess of 5,000 individuals, and (3) but for the | ||||||
16 | incentive, would not have used the Donald E. Stephens | ||||||
17 | Convention Center facilities for the convention, meeting, | ||||||
18 | or trade show. The State Comptroller may request that the | ||||||
19 | Auditor General conduct an audit of the accuracy of the | ||||||
20 | certification. | ||||||
21 | If the State Comptroller determines by this process of | ||||||
22 | certification that incentive funds, in whole or in part, | ||||||
23 | were disbursed by the Village by means other than in | ||||||
24 | accordance with the standards of this subsection (l-5), | ||||||
25 | then the amount transferred to the Convention Center | ||||||
26 | Support Fund shall be reduced during the next subsequent |
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1 | transfer in direct proportion to that amount determined to | ||||||
2 | be in violation of the terms set forth in this subsection | ||||||
3 | (l-5). | ||||||
4 | On July 15, 2012, and each year thereafter, the | ||||||
5 | Comptroller shall order transferred, and the Treasurer | ||||||
6 | shall transfer, into the Convention Center Support Fund | ||||||
7 | from the General Revenue Fund the amount of $5,000,000 for | ||||||
8 | (i) incentives to attract large conventions, meetings, and | ||||||
9 | trade shows to the Donald E. Stephens Convention Center, | ||||||
10 | and (ii) to be used by the Village of Rosemont for the | ||||||
11 | repair, maintenance, and improvement of the Donald E. | ||||||
12 | Stephens Convention Center and for debt service on debt | ||||||
13 | instruments issued for those purposes by the village. No | ||||||
14 | later than 30 days after the transfer, the Comptroller | ||||||
15 | shall order paid, and the Treasurer shall pay, to the | ||||||
16 | Village of Rosemont the amounts transferred. | ||||||
17 | (m) To enter into contracts with any person conveying | ||||||
18 | the naming rights or other intellectual property rights | ||||||
19 | with respect to the grounds, buildings, and facilities of | ||||||
20 | the Authority. | ||||||
21 | (n) To enter into grant agreements with the Chicago | ||||||
22 | Convention and Tourism Bureau providing for the marketing | ||||||
23 | of the convention facilities to large and small | ||||||
24 | conventions, meetings, and trade shows and the promotion | ||||||
25 | of the travel industry in the City of Chicago, provided | ||||||
26 | such agreements meet the requirements of Section 5.6 of |
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1 | this Act. Receipts of the Authority from the increase in | ||||||
2 | the airport departure tax authorized by Section 13(f) of | ||||||
3 | this amendatory Act of the 96th General Assembly and, | ||||||
4 | subject to appropriation to the Authority, funds deposited | ||||||
5 | in the Chicago Travel Industry Promotion Fund pursuant to | ||||||
6 | Section 6 of the Hotel Operators' Occupation Tax Act shall | ||||||
7 | be granted to the Bureau for such purposes. | ||||||
8 | (Source: P.A. 100-23, eff. 7-6-17.)
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9 | (70 ILCS 210/18) (from Ch. 85, par. 1238)
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10 | Sec. 18.
The Board shall determine the times and places of | ||||||
11 | its meetings. Regular meetings of the Board shall be held at | ||||||
12 | least once in each
calendar month, the time and place of such | ||||||
13 | meetings to be fixed by the
Board. All action and meetings of | ||||||
14 | the Board and its committees shall be subject to the
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15 | provisions of the Open Meetings Act. A majority
of the | ||||||
16 | statutorily
authorized members of the Board shall
constitute a | ||||||
17 | quorum for the transaction of business.
All action of the | ||||||
18 | Board shall be by rule, regulation, ordinance or
resolution | ||||||
19 | and the affirmative vote of at least a majority
of the
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20 | statutorily authorized members shall be
necessary for the | ||||||
21 | adoption of any rule, regulation, ordinance or
resolution.
All | ||||||
22 | rules, regulations, ordinances, resolutions and all
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23 | proceedings of the Authority and all
documents and records in | ||||||
24 | its possession shall be public records, and open
to public | ||||||
25 | inspection, except such documents and records as shall be kept |
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1 | or
prepared by the Board for use in negotiations, action or | ||||||
2 | proceedings to
which the Authority is a party.
All records of | ||||||
3 | the Authority shall be subject to the provisions of the
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4 | Illinois Freedom of Information Act.
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5 | (Source: P.A. 84-1027.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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