State of Illinois
91st General Assembly
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91_HB1284enr

HB1284 Enrolled                                LRB9103965PTpk

 1        AN ACT in relation to sports facilities.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Illinois Sports Facilities Authority Act
 5    is amended by changing Sections 1, 2, 3, 8, 9,  10,  11,  13,
 6    15, 16, 17, 19, and 20 and adding Section 7.8 as follows:

 7        (70 ILCS 3205/1) (from Ch. 85, par. 6001)
 8        Sec.  1.  Short title. This Act shall be known and may be
 9    cited as the "Illinois Sports Facilities Authority Act".
10    (Source: P.A. 84-1470.)

11        (70 ILCS 3205/2) (from Ch. 85, par. 6002)
12        Sec. 2. Definitions; general provisions. In this Act  the
13    following words have the meanings indicated:
14        (A)  "Authority"  means  the  Illinois  Sports Facilities
15    Authority.
16        (B)  "Facility" means:
17             (1)  Stadiums, arenas or other  structures  for  the
18        holding  of  athletic  contests  and  other or events and
19        gatherings,  including,  without  limitation,   baseball,
20        football  and  automobile  racing;  musical, dramatic and
21        other  artistic,  cultural  or  social   events;   public
22        meetings; and other public events; and
23             (2)  Practice   fields,   or   other   areas   where
24        professional  sports  teams  and  other  sports teams may
25        practice or perform.
26             (3)  "Facility" also means the  following  types  of
27        property  if  that  property  is  directly  related to or
28        located near an item listed in paragraphs (1) and through
29        (2) of subsection (B) of this Section:
30                  (i)  Offices, parking lots and garages,  access



 
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 1             roads, streets, intersections, highway interchanges,
 2             pedestrian    walkways,    tunnels,   and   bridges,
 3             transportation facilities,  monuments,  restaurants,
 4             and stores, and other facilities providing goods and
 5             services  to  persons  attending meetings, contests,
 6             gatherings or events at the facility;
 7                  (ii)  Other recreation areas  and  recreational
 8             facilities; and
 9                  (iii)  Other  property  or structures including
10             all   fixtures,   furnishings,   and   appurtenances
11             normally associated with such facilities; and
12                  (iv)  Landscaping, parks, and open spaces.
13        (C)  "Governmental Owner" means a  body  politic,  public
14    corporation, political subdivision, unit of local government,
15    or  municipality  formed  under  the  laws  of  the  State of
16    Illinois, including, without  limitation,  the  Chicago  Park
17    District,  that  owns  or is to own a facility located within
18    the corporate limits of the Authority described in Section 11
19    of this Act and to which  the  Authority  provides  financial
20    assistance.  Where the title to all or any part of a facility
21    is held by a public building commission  because  the  public
22    building  commission has financed, under the authority of the
23    Public Building  Commission  Act,  the  acquisition  of  real
24    estate  or  the  construction, acquisition, or enlargement of
25    improvements to real estate, or both, for any  body  politic,
26    public  corporation,  political  subdivision,  unit  of local
27    government, or municipality formed  under  the  laws  of  the
28    State  of  Illinois,  the term "governmental owner" when used
29    with respect to that facility means the body politic,  public
30    corporation, political subdivision, unit of local government,
31    or municipality rather than the public building commission.
32        (D)  "Management   Agreement"  means  a  legally  binding
33    contract between the Authority and a tenant of a the facility
34    owned by the Authority, which contains at least the following
 
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 1    provisions:
 2             (1)  a provision requiring the tenant to conduct its
 3        complete  regular  home  season  schedule  and  any  home
 4        playoff events in the facility;
 5             (2)  a provision requiring  the  tenant  to  provide
 6        routine  maintenance  of and to operate the facility with
 7        its personnel or contractors;
 8             (3)  a provision requiring the tenant  to  advertise
 9        and promote events it conducts at the facility;
10             (4)  a  provision requiring the tenant to operate or
11        contract for concessions for the patrons of the facility,
12        including a stadium club and restaurant  where  food  and
13        beverages will be served; and
14             (5)  a  provision  permitting  the  Authority or its
15        designee, to hold other events in any such facility owned
16        by the Authority at such times as shall not  unreasonably
17        interfere  with  the  use  of that facility by the tenant
18        thereof by the tenant.
19        (E)  "Assistance Agreement" means  one  or  more  legally
20    binding  contracts,  with respect to a facility for which the
21    Authority is to provide financial assistance as  provided  in
22    this  Act, to which the Authority and a governmental owner of
23    a facility or its tenant, or both, and any other  appropriate
24    persons  are  parties,  which  may  be  in  the  form  of  an
25    intergovernmental agreement.
26        (F)  "Financial   Assistance"   means   the  use  by  the
27    Authority, pursuant to an assistance agreement, of its powers
28    under this Act, including, without limitation, the  power  to
29    borrow  money,  to  issue  bonds  and  notes,  to  impose  an
30    occupation  tax  as provided in Section 19 of this Act and to
31    receive and expend the proceeds of  that  tax,  to  assist  a
32    governmental  owner  or its tenant, or both, with one or more
33    of  the  following:  designing,   developing,   establishing,
34    constructing, erecting, acquiring, repairing, reconstructing,
 
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 1    renovating,  remodeling,  adding  to,  extending,  improving,
 2    equipping,  operating, and maintaining a facility owned or to
 3    be owned by the governmental owner.
 4        (G)  "Tenant" means any person with which a  governmental
 5    owner  or the Authority has entered into an agreement for the
 6    use by a professional sports team or other sports team of any
 7    facility.  Such an agreement may be a management agreement or
 8    an assistance agreement or may be a lease of  or  a  license,
 9    permit,  or  similar  agreement  with respect to the use of a
10    facility by such team for such period as shall be agreed upon
11    by the person and the governmental owner or the Authority, as
12    the case may be.
13    (Source: P.A. 85-1034.)

14        (70 ILCS 3205/3) (from Ch. 85, par. 6003)
15        Sec.  3.  Legislative  Finding  and  Declaration.  It  is
16    hereby found that as a result of deteriorating infrastructure
17    and sports facilities in the metropolitan  area  of  Chicago,
18    there  is a shortage of sports facilities suitable for use by
19    professional  and  other  sports  teams  and  other  musical,
20    theatrical, cultural, and other social organizations.
21        It is further found that as a  result  of  the  costs  to
22    maintain,   repair   or   replace   such  infrastructure  and
23    facilities, and as a result of current high financing  costs,
24    the  private  sector,  without the assistance contemplated in
25    this Act, is unable to  construct  feasibly  adequate  sports
26    facilities.
27        It  is  further  found that the creation of modern sports
28    facilities and the other results  contemplated  by  this  Act
29    would  stimulate  economic activity in the State of Illinois,
30    including the creation and maintenance of jobs, the  creation
31    of new and lasting infrastructure and other improvements, and
32    the  attraction  and  retention  of  sports and entertainment
33    events which generate economic activity.
 
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 1        It is further found that professional  sports  facilities
 2    can  be  magnets for substantial interstate tourism resulting
 3    in increased retail sales, hotel and  restaurant  sales,  and
 4    entertainment  industry sales, all of which increase jobs and
 5    economic growth.
 6        It  is  further  found  that  only  three  major   league
 7    professional  baseball  franchises play in stadium facilities
 8    the construction of which has  not  been  government-assisted
 9    and of those three the most recently constructed facility was
10    completed in 1914.
11        It  is further found that government assistance was or is
12    an essential component in the financing of  the  construction
13    of  most  recently  built or planned National Football League
14    stadiums.
15        It is further found that the exercise  by  the  Authority
16    and governmental owners of the additional powers conferred by
17    this  amendatory  Act  of  the 91st General Assembly (i) will
18    materially  assist  the  development  and  redevelopment   of
19    government  owned  sports facilities and thereby alleviate in
20    part  the  deleterious  conditions  and  confer  the   public
21    benefits  described in this Section and (ii) is in the public
22    interest and is declared to be for public purposes.
23    (Source: P.A. 85-8.)

24        (70 ILCS 3205/7.8 new)
25        Sec. 7.8.  Illinois Sports Facilities Authority  Advisory
26    Board.
27        (a)  There  is  created  the  Illinois  Sports Facilities
28    Authority Advisory Board  composed  of  12  members  who  are
29    members  of the General Assembly and who are appointed 3 each
30    by the President of the Senate, the Minority  Leader  of  the
31    Senate,  the Speaker of the House of Representatives, and the
32    Minority Leader of the House of Representatives.
33        (b)  Members of the Advisory Board shall serve as long as
 
HB1284 Enrolled             -6-                LRB9103965PTpk
 1    they hold  their  designated  elected  positions.   Vacancies
 2    shall  be filled by appointment for the unexpired term in the
 3    same manner as original appointments are made.  The  Advisory
 4    Board shall elect its own chairperson.
 5        (c)  Members  of  the  Advisory Board shall serve without
 6    compensation but, at the  Authority's  discretion,  shall  be
 7    reimbursed  for  necessary  expenses  in  connection with the
 8    performance of their duties.
 9        (d)  The Advisory  Board  shall  meet  quarterly,  or  as
10    needed,  shall  produce  any  reports it deems necessary, and
11    shall do the following:
12             (1)  Work with the Authority and  the  Chicago  Park
13        District   regarding   potential   means   for  providing
14        increased economic opportunities to minorities and  women
15        produced  indirectly or directly from the reconstruction,
16        renovation, remodeling, extension, or  improvement  of  a
17        facility  in  connection  with  which  the  Authority  is
18        providing  financial assistance pursuant to an assistance
19        agreement under this Act.
20             (2)  Work with the Authority and  the  Chicago  Park
21        District   to   find   candidates   for  building  trades
22        apprenticeships,  for  employment  in   the   hospitality
23        industry, and to identify job training programs.
24             (3)  Work  with  the  Authority and the Chicago Park
25        District to implement this Section in the reconstruction,
26        renovation, remodeling, extension, or  improvement  of  a
27        facility  in  connection  with  which  the  Authority  is
28        providing  financial assistance pursuant to an assistance
29        agreement under this Act, including the Authority's  goal
30        of awarding not less than 25% and 5% of the annual dollar
31        value   of   contracts   to  minority  and  female  owned
32        businesses,  the  outreach  program  for  minorities  and
33        women,  and  the  mentor/protege  program  for  providing
34        assistance to minority and female owned businesses.
 
HB1284 Enrolled             -7-                LRB9103965PTpk
 1        (e)  Notwithstanding the provisions  of  subsection  (b),
 2    the  Advisory  Board   is dissolved (i) on January 1, 2004 or
 3    (ii) 6 months after 90  days  after  the  first  professional
 4    football  game  is  played in the facility in connection with
 5    which the Authority provided financial assistance pursuant to
 6    an assistance agreement under this Act, whichever is later.

 7        (70 ILCS 3205/8) (from Ch. 85, par. 6008)
 8        Sec. 8.  Powers. In addition  to  the  powers  set  forth
 9    elsewhere in this Act, the Authority may:
10             (1)  Adopt and alter an official seal;
11             (2)  Sue and be sued, plead and be impleaded, all in
12        its  own  name,  and  agree to binding arbitration of any
13        dispute to which it is a party;
14             (3)  Adopt bylaws, rules, and regulations  to  carry
15        out the provisions of this Section;
16             (4)  Maintain  an office or offices at such place as
17        the Authority may designate;
18             (5)  Employ,  either   as   regular   employees   or
19        independent    contractors,    consultants,    engineers,
20        architects,  accountants,  attorneys,  financial experts,
21        construction  experts  and  personnel,   superintendents,
22        managers and other professional personnel, and such other
23        personnel  as  may  be  necessary  in the judgment of the
24        Authority, and fix their compensation;
25             (6)  Determine the locations  of,  develop,  design,
26        establish,   construct,   erect,  acquire,  own,  repair,
27        reconstruct, renovate, remodel, add to, extend,  improve,
28        equip,  operate,  regulate  and  maintain facilities, and
29        provide financial assistance to  governmental  owners  or
30        their   tenants,  or  both,  pursuant  to  an  assistance
31        agreement to do the foregoing, in each case to the extent
32        necessary to accomplish the purposes of the Authority;
33             (7)  Acquire, hold, lease as lessor  or  as  lessee,
 
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 1        use,  encumber, transfer, or dispose of real and personal
 2        property, including the alteration of  or  demolition  of
 3        improvements to real estate;
 4             (8)  Enter into contracts of any kind;
 5             (9)  Regulate  the  use  and operation of facilities
 6        that are developed under the provisions of this Act;
 7             (10)  Enter into one or more  management  agreements
 8        which  conform  to the requirements of this Act and which
 9        may  contain  such  provisions  as  the  Authority  shall
10        determine,  including,  without  limitation  limit,   (i)
11        provisions  allocating  receipts  from rents, rates, fees
12        and charges for use  of  the  facility  or  for  services
13        rendered  in  connection  with  the  facility between the
14        Authority and the tenant of the facility; (ii) provisions
15        providing for or limiting payments to the  Authority  for
16        use  of  the  facility  based  on levels of attendance or
17        and/or receipts, or both attendance and receipts, of  the
18        tenant   from  admission  charges,  parking  concessions,
19        advertising, radio  and  television  and  other  sources;
20        (iii)   provisions   obligating  the  Authority  to  make
21        payments to  the  tenant  with  respect  to  expenses  of
22        routine  maintenance  and  operation  of any facility and
23        operating expenses of the tenant with respect to  use  of
24        the  facility; (iv) provisions requiring the Authority to
25        pay liquidated damages  to  the  tenant  for  failure  of
26        timely  completion  of  construction of any new facility;
27        (v)  provisions  permitting  the   Authority   to   grant
28        rent-free  occupancy  of  an  existing  facility  pending
29        completion  of  construction  of  any  new  facility  and
30        requiring  the Authority to pay certain incremental costs
31        of maintenance, repair, replacement and operation  of  an
32        existing  facility  in  the  event  of  failure of timely
33        completion of construction  of  any  new  facility;  (vi)
34        provisions  requiring  the  Authority  to  reimburse  the
 
HB1284 Enrolled             -9-                LRB9103965PTpk
 1        tenant  for  certain State and local taxes and provisions
 2        permitting reductions of payments due  the  Authority  by
 3        the   tenant  or  reimbursement  of  the  tenant  by  the
 4        Authority in the event of imposition of certain new State
 5        and local taxes, or, and/or the increase above  specified
 6        levels  of  certain  existing  State  and local taxes, or
 7        both;  (vii)  provisions  obligating  the  Authority   to
 8        purchase  tickets to events conducted by the tenant based
 9        upon  specified  attendance  levels;  (viii)   provisions
10        granting  the  tenant  the right and option to extend the
11        term  of  the  management  agreement;   (ix)   provisions
12        creating  an  assignment  and  pledge by the Authority of
13        certain of the Authority's revenues and  receipts  to  be
14        received  under Section 19 of this Act for the benefit of
15        the tenant  of  the  facility  as  further  security  for
16        performance by the Authority of its obligations under the
17        management  agreement;  and  (x) provisions requiring the
18        establishment of reserves by  the  Authority  or  by  the
19        tenant,  or both, as further security for the performance
20        of their  respective  obligations  under  the  management
21        agreement;
22             (11)  Enter  into  one or more assistance agreements
23        that conform to the requirements of this Act and that may
24        contain such provisions as the Authority shall  determine
25        establishing  the rights and obligations of the Authority
26        and the governmental owner or a  tenant,  or  both,  with
27        respect  to  the  facility  for which the Authority is to
28        provide   financial   assistance    including,    without
29        limitation, such provisions as are described in paragraph
30        (10) of this Section;
31             (12)  Borrow money from any source for any corporate
32        purpose,  including  working  capital for its operations,
33        reserve funds, or interest, and to  mortgage,  pledge  or
34        otherwise encumber the property or funds of the Authority
 
HB1284 Enrolled             -10-               LRB9103965PTpk
 1        and to contract with or engage the services of any person
 2        in  connection  with  any  financing, including financial
 3        institutions, issuers of letters of credit,  or  insurers
 4        and  enter into reimbursement agreements with this person
 5        which may be secured as if money were borrowed  from  the
 6        person;
 7             (13) (12)  Issue  bonds or notes under Section 13 of
 8        this Act;
 9             (14) (13)  Receive  and  accept  from  any   source,
10        private  or  public,  contributions,  gifts, or grants of
11        money or property;
12             (15) (14)  Make  loans  from   proceeds   or   funds
13        otherwise   available   to   the   extent   necessary  or
14        appropriate to accomplish the purposes of the Authority;
15             (16) (15)  Provide  for   the   insurance   of   any
16        property,  operations,  officers,  agents or employees of
17        the Authority against any risk or hazard and  to  provide
18        for   the  indemnification  of  its  members,  employees,
19        contractors or agents against any and all risks;
20             (17) (16)  Provide   relocation    assistance    and
21        compensation  for  landowners  and  their lessees tenants
22        displaced by  any  land  acquisition  of  the  Authority,
23        including  the  acquisition  of  land and construction of
24        replacement  housing  thereon  as  the  Authority   shall
25        determine;
26             (18)  Sell,  convey,  lease,  or  grant  a permit or
27        license  with  respect  to,  or  by  agreement  authorize
28        another person on its behalf to sell, convey,  lease,  or
29        grant  a  permit or license with respect to (A) the right
30        to use or the right to purchase tickets to  use,  or  any
31        other  interest  in,  any seat or area within a facility,
32        (B) the right to name or place advertising in all or  any
33        part  of  a  facility,  or  (C)  any  intangible personal
34        property rights, including intellectual property  rights,
 
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 1        appurtenant  to  any  facility, the proceeds of which are
 2        used for the purpose of carrying out the  powers  granted
 3        by the Act;
 4             (19)  Adopt such rules as are necessary to carry out
 5        those  powers conferred and perform those duties required
 6        by this Act;
 7             (20) (17)  Exercise all the corporate powers granted
 8        Illinois corporations under the Business Corporation  Act
 9        of   1983,   except   to   the  extent  that  powers  are
10        inconsistent with those of a body politic  and  corporate
11        of the State; and
12             (21) (18)  Do  all things necessary or convenient to
13        carry out the powers granted by this Act.
14        The Authority may not construct or enter into a  contract
15    to  construct more than one new stadium facility  and may not
16    enter  into   assistance   agreements   providing   for   the
17    reconstruction,   renovation,   remodeling,   extension,   or
18    improvement  of  all  or  substantially  all of more than one
19    existing facility unless authorized by law.
20        The Authority  may  adopt  such  rules  pursuant  to  the
21    Illinois  Administrative  Procedure  Act  as are necessary to
22    carry out those powers and duties conferred by this Act.  The
23    Authority may initially adopt, by January 1, 1989, such rules
24    as emergency rules  in  accordance  with  the  provisions  of
25    Section  5-45  of  the Illinois Administrative Procedure Act.
26    For purposes of the Illinois  Administrative  Procedure  Act,
27    the  adoption  of  the initial rules shall be deemed to be an
28    emergency and necessary for the public interest,  safety  and
29    welfare.
30    (Source: P.A. 88-45.)

31        (70 ILCS 3205/9) (from Ch. 85, par. 6009)
32        Sec.  9.  Duties.   In  addition  to the powers set forth
33    elsewhere in this Act, subject to the terms of any agreements
 
HB1284 Enrolled             -12-               LRB9103965PTpk
 1    with the holders of  the  Authority's  bonds  or  notes,  the
 2    Authority shall:
 3             (1)  Comply  with all zoning, building, and land use
 4        controls of the municipality within which is  located  it
 5        owns  any  stadium facility owned by the Authority or for
 6        which the Authority provides financial assistance.;
 7             (2)  With respect to a facility owned or to be owned
 8        by the Authority, enter or have entered into a management
 9        agreement with a tenant of the Authority to  operate  the
10        facility that requires the tenant to operate the facility
11        for  a  period  at least as long as the term of any bonds
12        issued  to  finance   the   development,   establishment,
13        construction,      erection,     acquisition,     repair,
14        reconstruction,   remodeling,   adding   to,   extension,
15        improvement,  equipping,   operation,   and   maintenance
16        construction  of  the  facility.   Such  agreement  shall
17        contain   appropriate   and  reasonable  provisions  with
18        respect to termination, default and legal remedies.;
19             (3)  With respect to a facility owned or to be owned
20        by a governmental owner other than the  Authority,  enter
21        into  an  assistance agreement with either a governmental
22        owner of a facility or its tenant, or both, that requires
23        the tenant, or if the  tenant  is  not  a  party  to  the
24        assistance  agreement  requires the governmental owner to
25        enter into an agreement with the tenant that requires the
26        tenant to use the facility for a period at least as  long
27        as   the   term  of  any  bonds  issued  to  finance  the
28        reconstruction,  renovation,  remodeling,  extension   or
29        improvement of all or substantially all of the facility.
30             (4) (3)  Create  and  maintain  a separate financial
31        reserve for repair and replacement of capital  assets  of
32        any  facility  owned  by  the  Authority or for which the
33        Authority provides financial assistance and deposit  into
34        this  reserve  not less than $1,000,000 per year for each
 
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 1        such facility beginning at such time as the Authority and
 2        the tenant, or the Authority and a governmental owner  of
 3        a facility, as applicable, shall agree.;
 4             (4)  Acquire   a   site  or  sites  for  a  facility
 5        reasonably  accessible  to  the  interested  public   and
 6        capable  of  providing  adequate  spaces  for  automobile
 7        parking;
 8             (5)  In  connection with prequalification of general
 9        contractors  for  the  construction  of  a  new   stadium
10        facility  or  the reconstruction, renovation, remodeling,
11        extension, or improvement of all or substantially all  of
12        an existing construction of the new stadium facility, the
13        Authority   shall  require  submission  of  a  commitment
14        detailing how the general contractor will expend  25%  or
15        more of the dollar value of the general contract with one
16        or  more  minority business enterprises and 5% or more of
17        the  dollar  value  with  one  or  more  female  business
18        enterprises.  This commitment may be met by  contractor's
19        status  as  a  minority  business  enterprise  or  female
20        business   enterprise,   by   a   joint   venture  or  by
21        subcontracting  a  portion  of  the  work  with   or   by
22        purchasing  materials  for the work from one or more such
23        enterprises, or by any combination thereof.  Any contract
24        with the general contractor for construction of  the  new
25        stadium facility and any contract for the reconstruction,
26        renovation,   remodeling,   adding   to,   extension   or
27        improvement  of  all  or substantially all of an existing
28        facility shall require the general contractor to meet the
29        foregoing obligations and shall require monthly reporting
30        to the Authority  with  respect  to  the  status  of  the
31        implementation  of  the  contractor's  affirmative action
32        plan and compliance with that plan.  This report shall be
33        filed with the General  Assembly.   The  Authority  shall
34        establish  and  maintain   an  affirmative action program
 
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 1        designed to promote equal  employment  opportunity  which
 2        specifies   the   goals   and   methods   for  increasing
 3        participation by minorities and women in a representative
 4        mix  of  job  classifications  required  to  perform  the
 5        respective contracts.  The Authority shall file a  report
 6        before  March  1  of  each year with the General Assembly
 7        detailing its  implementation  of  this  paragraph.   The
 8        terms "minority business enterprise" and "female business
 9        enterprise"  shall  have  the  same meanings as "minority
10        owned   business"   and    "female    owned    business",
11        respectively,  as  defined  provided  in the Minority and
12        Female Business Enterprise for Minorities,  Females,  and
13        Persons with Disabilities Act.;
14             (6)  Provide   for   the  construction  of  any  new
15        facility pursuant to one or more contracts which  require
16        delivery of a completed facility at a fixed maximum price
17        to  be  insured or guaranteed by a third party determined
18        by the Authority to be  financially  capable  of  causing
19        completion  of  such  construction  of  the  new facility
20        construction of such a facility.
21        In  connection  with  any  assistance  agreement  with  a
22    governmental owner that provides financial assistance  for  a
23    facility  to  be used by a National Football League team, the
24    assistance agreement shall provide that the Authority or  its
25    agent  shall  enter  into  the  contract or contracts for the
26    design and construction services or design/build services for
27    such  facility  and  thereafter  transfer  its   rights   and
28    obligations   under   the   contract   or  contracts  to  the
29    governmental owner of the facility.  In  seeking  parties  to
30    provide  design  and  construction  services  or design/build
31    services with respect to such facility, the Authority may use
32    such procurement procedures as it may  determine,  including,
33    without limitation, the selection of design professionals and
34    construction  managers  or design/builders as may be required
 
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 1    by a team that is at risk, in whole or in part, for the  cost
 2    of design and construction of the facility.
 3        An  assistance  agreement  may  not  provide, directly or
 4    indirectly, for the payment to the Chicago Park  District  of
 5    more than a total of $10,000,000 on account of the District's
 6    loss of property or revenue in connection with the renovation
 7    of a facility pursuant to the assistance agreement.
 8    (Source: P.A. 85-1034; revised 8-23-99.)

 9        (70 ILCS 3205/10) (from Ch. 85, par. 6010)
10        Sec. 10.  Reporting.
11        (1)  Promptly   following   entering  into  a  management
12    agreement or  an  assistance  agreement  and  a  construction
13    contract  involving  a  new  facility  or  facility site, the
14    Authority shall submit a detailed written report and findings
15    of the Authority with  respect  to  the  proposed  management
16    agreement  or  assistance  agreement  contract to the General
17    Assembly.
18        (2)  The report  and  findings  of  the  Authority  shall
19    include:
20             (i) (I)  A  detailed  plan  of the method of funding
21        the  management   agreement   or   assistance   agreement
22        contract;
23             (ii) (II)  An    evaluation    of    the    economic
24        consequences  of  the  proposed  management  agreement or
25        assistance agreement contract; and
26             (iii) (III)  If  applicable,  an  analysis  of   the
27        reasons  for  acquiring  a  site  for  constructing a new
28        facility.
29    (Source: P.A. 85-1034.)

30        (70 ILCS 3205/11) (from Ch. 85, par. 6011)
31        Sec. 11.  Territory.  The corporate limits  of  territory
32    within  which the Authority may construct facilities shall be
 
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 1    coterminous with the  boundaries  of  the  City  of  Chicago.
 2    Facilities  constructed  by  the  Authority  or for which the
 3    Authority provides financial assistance may be  located  only
 4    within  the  corporate limits of the Authority. The territory
 5    of the Authority shall be coterminous with the boundaries  of
 6    the City of Chicago.
 7    (Source: P.A. 85-8.)

 8        (70 ILCS 3205/13) (from Ch. 85, par. 6013)
 9        Sec. 13.  Bonds and notes.
10        (A) (1)  The  Authority  may at any time and from time to
11    time  issue  bonds  and  notes  for  any  corporate  purpose,
12    including the establishment of reserves and  the  payment  of
13    interest and costs of issuance.  In this Act the term "bonds"
14    includes  notes  of any kind, interim certificates, refunding
15    bonds, or any other evidence of obligation for borrowed money
16    issued under this Section 13. Bonds may be issued in  one  or
17    more series and may be payable and secured either on a parity
18    with or separately from other bonds.
19        (2)  The  bonds of any issue shall be payable solely from
20    all or any part of the property or revenues of the Authority,
21    including, without limitation:
22             (i) (I)  Rents,  rates,  fees,  charges   or   other
23        revenues  payable  to  or  any receipts of the Authority,
24        including amounts which are deposited pursuant to the Act
25        with a trustee for bondholders;
26             (ii) (II)  Payments   by   financial   institutions,
27        insurance companies, or others  pursuant  to  letters  or
28        lines  of  credit,  policies  of  insurance,  or purchase
29        agreements;
30             (iii) (III)  Investment  earnings  from   funds   or
31        accounts  maintained  pursuant  to  a  bond resolution or
32        trust agreement; and
33             (iv) (IV)  Proceeds of refunding bonds.
 
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 1        (3)  Bonds may be  authorized  by  a  resolution  of  the
 2    Authority  and  may  be  secured  by a trust agreement by and
 3    between the Authority and a corporate  trustee  or  trustees,
 4    which may be any trust company or bank having the powers of a
 5    trust company within or without the State.  Bonds may:
 6             (i) (I)  Mature  at  a  time  or  times,  whether as
 7        serial bonds or as term bonds or both, not  exceeding  40
 8        years from their respective dates of issue;
 9             (ii) (II)  Notwithstanding  the provision of "An Act
10        to authorize public corporations to  issue  bonds,  other
11        evidences  of  indebtedness and tax anticipation warrants
12        subject to interest rate limitations set forth  therein",
13        approved  May  26,  1970, as now or hereafter amended, or
14        any other provision of law, bear interest at any fixed or
15        variable rate or rates determined by the method  provided
16        in the resolution or trust agreement;
17             (iii) (III)  Be  payable  at a time or times, in the
18        denominations and form, either coupon  or  registered  or
19        both,  and  carry  the  registration and privileges as to
20        exchange, transfer or conversion and for the  replacement
21        of  mutilated, lost, or destroyed bonds as the resolution
22        or trust agreement may provide;
23             (iv) (IV)  Be payable in lawful money of the  United
24        States at a designated place;
25             (v) (V)  Be   subject  to  the  terms  of  purchase,
26        payment, redemption, refunding or  refinancing  that  the
27        resolution or trust agreement provides;
28             (vi) (VI)  Be  executed  by  the manual or facsimile
29        signatures of the officers of the Authority designated by
30        the Authority which signatures shall be valid at delivery
31        even for one who has ceased to hold office; and
32             (vii) (VII)  Be sold in  the  manner  and  upon  the
33        terms determined by the Authority.
34        (B)  Any   resolution  or  trust  agreement  may  contain
 
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 1    provisions which shall be a part of  the  contract  with  the
 2    holders of the bonds as to:
 3        (1)  Pledging,    assigning   or   directing   the   use,
 4    investment, or disposition of all or any part of the revenues
 5    of the Authority or proceeds  or  benefits  of  any  contract
 6    including,   without   limit,  any  management  agreement  or
 7    assistance agreement and conveying or otherwise securing  any
 8    property or property rights;
 9        (2)  The  setting  aside  of  loan funding deposits, debt
10    service reserves, capitalized interest accounts,  replacement
11    or  operating reserves, cost of issuance accounts and sinking
12    funds,  and  the  regulation,  investment,  and   disposition
13    thereof;
14        (3)  Limitations   on   the  purposes  to  which  or  the
15    investments in which the proceeds of sale  of  any  issue  of
16    bonds or the Authority's revenues and receipts may be applied
17    or made;
18        (4)  Limitations  on  the  issue of additional bonds, the
19    terms upon which additional bonds may be issued and  secured,
20    the  terms  upon  which additional bonds may rank on a parity
21    with, or be subordinate or superior to, other bonds;
22        (5)  The refunding, advance refunding or  refinancing  of
23    outstanding bonds;
24        (6)  The  procedure,  if  any,  by which the terms of any
25    contract with bondholders may be altered or amended  and  the
26    amount  of  bonds  and holders of which must consent thereto,
27    and the manner in which consent shall be given;
28        (7)  Defining  the  acts   or   omissions   which   shall
29    constitute  a  default  in  the  duties  of  the Authority to
30    holders of bonds and providing the rights or remedies of such
31    holders  in  the  event  of  a  default  which  may   include
32    provisions   restricting   individual   right  of  action  by
33    bondholders;
34        (8)  Providing  for  guarantees,  pledges  of   property,
 
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 1    letters  of  credit,  or other security, or insurance for the
 2    benefit of bondholders; and
 3        (9)  Any other matter relating to  the  bonds  which  the
 4    Authority determines appropriate.
 5        (C)  No  member of the Authority nor any person executing
 6    the bonds shall be liable personally on the bonds or  subject
 7    to  any  personal  liability by reason of the issuance of the
 8    bonds.
 9        (D)  The Authority may enter into agreements with agents,
10    banks, insurers, or others for the purpose of  enhancing  the
11    marketability of or security for its bonds.
12        (E) (1)  A  pledge  by  the  Authority  of  revenues  and
13    receipts  as  security  for  an  issue  of  bonds  or for the
14    performance of its obligations under any management agreement
15    or assistance agreement shall be valid and binding  from  the
16    time when the pledge is made.
17        (2)  The  revenues and receipts pledged shall immediately
18    be subject to the lien of the  pledge  without  any  physical
19    delivery  or further act, and the lien of any pledge shall be
20    valid and binding against any person having any claim of  any
21    kind  in  tort,  contract or otherwise against the Authority,
22    irrespective of whether the person has notice.
23        (3)  No resolution, trust agreement, management agreement
24    or  assistance  agreement   or   any   financing   statement,
25    continuation   statement,  or  other  instrument  adopted  or
26    entered into by the Authority need be filed  or  recorded  in
27    any  public record other than the records of the Authority in
28    order to perfect the lien against third  persons,  regardless
29    of any contrary provision of law.
30        (F)  The  Authority  may  issue  bonds to refund, advance
31    refund or  refinance  any  of  its  bonds  then  outstanding,
32    including  the  payment  of  any  redemption  premium and any
33    interest  accrued  or  to  accrue  to  the  earliest  or  any
34    subsequent date of redemption, purchase or  maturity  of  the
 
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 1    bonds.    Refunding  or advance refunding bonds may be issued
 2    for the public purposes of realizing savings in the effective
 3    costs  of  debt  service,  directly   or   through   a   debt
 4    restructuring,  for  alleviating impending or actual default,
 5    or for paying principal of, redemption premium, if  any,  and
 6    interest   on   bonds  as  they  mature  or  are  subject  to
 7    redemption, and may be issued in one or  more  series  in  an
 8    amount in excess of that of the bonds to be refunded.
 9        (G)  At  no  time  shall  the total outstanding bonds and
10    notes of the Authority issued under this  Section  13  exceed
11    (i)  $150,000,000  in connection with facilities owned by the
12    Authority and (ii) $399,000,000 in connection with facilities
13    owned by a  governmental  owner  other  than  the  Authority.
14    Bonds  which  are  being paid or retired by issuance, sale or
15    delivery of bonds or notes, and  bonds  or  notes  for  which
16    sufficient funds have been deposited with the paying agent or
17    trustee  to  provide  for  payment  of principal and interest
18    thereon, and any  redemption  premium,  as  provided  in  the
19    authorizing  resolution,  shall not be considered outstanding
20    for the purposes of this paragraph.
21        (H)  The bonds and notes of the Authority  shall  not  be
22    indebtedness  of the City of Chicago, of the State, or of any
23    political subdivision of the State other than the  Authority.
24    The  bonds  and  notes  of  the  Authority  are  not  general
25    obligations  of the State of Illinois or the City of Chicago,
26    or of any other political subdivision of the State other than
27    the Authority, and are not secured by a pledge  of  the  full
28    faith  and  credit  of  the  State of Illinois or the City of
29    Chicago, or of any other political subdivision of  the  State
30    other  than the Authority, and the holders of bonds and notes
31    of the Authority may not require the levy  or  imposition  by
32    the  State  or  the  City  of Chicago, or any other political
33    subdivision of the State other than  the  Authority,  of  any
34    taxes  or, except as provided in this Act, the application of
 
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 1    revenues or funds of the State of Illinois  or  the  City  of
 2    Chicago or any other political subdivision of the State other
 3    than the Authority other State or City of Chicago revenues or
 4    funds to the payment of bonds and notes of the Authority.
 5        (I)  In  order to provide for the payment of debt service
 6    requirements (including amounts for reserve funds and to  pay
 7    the costs of credit enhancements) on bonds issued pursuant to
 8    this  Act,  the  Authority may provide in any trust agreement
 9    securing such bonds for a pledge and assignment of its  right
10    to  all  amounts  to  be  received  from  the Illinois Sports
11    Facilities Fund and for a pledge and assignment  (subject  to
12    the   terms   of   any  management  agreement  or  assistance
13    agreement) of all taxes and  other  amounts  to  be  received
14    under  Section  19  of  this  Act  and may further provide by
15    written notice to the State Treasurer and  State  Comptroller
16    (which notice shall constitute a direction to those officers)
17    for  a direct payment of these amounts to the trustee for its
18    bondholders.
19        (J)  The State of Illinois pledges to and agrees with the
20    holders of the  bonds  and  notes  of  the  Authority  issued
21    pursuant  to  this Act that the State will not limit or alter
22    the rights and powers vested in the Authority by this Act  so
23    as  to impair the terms of any contract made by the Authority
24    with such holders  or  in  any  way  impair  the  rights  and
25    remedies of such holders until such bonds and notes, together
26    with   interest   thereon,   with   interest  on  any  unpaid
27    installments of interest,  and  all  costs  and  expenses  in
28    connection  with any action or proceedings by or on behalf of
29    such holders, are fully met and discharged.  In addition, the
30    State pledges to and agrees with the holders of the bonds and
31    notes of the Authority issued pursuant to this Act  that  the
32    State  will not limit or alter the basis on which State funds
33    are to be allocated, deposited and paid to the  Authority  as
34    provided  in  this  Act,  or  the use of such funds, so as to
 
HB1284 Enrolled             -22-               LRB9103965PTpk
 1    impair the terms of any  such  contract.   The  Authority  is
 2    authorized  to  include  these  pledges and agreements of the
 3    State in any contract with the  holders  of  bonds  or  notes
 4    issued pursuant to this Section.
 5    (Source: P.A. 85-1034.)

 6        (70 ILCS 3205/15) (from Ch. 85, par. 6015)
 7        Sec. 15.  Tax Exemption.
 8        (A)  Neither (a) the Authority nor any governmental owner
 9    of  a  facility or that governmental owner's tenant shall not
10    be required to pay property taxes pursuant  to  the  Property
11    Tax Code on any facility or other property it owns, nor shall
12    the  interest of a tenant in any facility either owned by the
13    Authority or owned by any governmental  owner  to  which  the
14    Authority  has  provided  financial  assistance be subject to
15    property taxes taxation pursuant to the Property Tax Code.
16        (B) (b)  Bonds issued by the Authority,  their  transfer,
17    the  interest  payable  on  them, and any income derived from
18    them shall be exempt from income  taxes  taxation  under  the
19    "Illinois  Income  Tax Act" or from taxation by any political
20    subdivisions, municipal corporations or  public  agencies  of
21    any  kind  of  this State. For purposes of Section 250 of the
22    Illinois Income Tax Act, the exemption  of  the  income  from
23    bonds  issued  by  the Authority shall terminate after all of
24    the bonds have been paid. The  amount  of  such  income  that
25    shall be added and then subtracted on the Illinois income tax
26    return of a taxpayer, pursuant to Section 203 of the Illinois
27    Income Tax Act, from federal adjusted gross income or federal
28    taxable income in computing Illinois base income shall be the
29    interest net of any bond premium amortization.
30    (Source: P.A. 88-670, eff. 12-2-94; 89-460, eff. 5-24-96.)

31        (70 ILCS 3205/16) (from Ch. 85, par. 6016)
32        Sec.  16.  Members or Employees of Authority; Conflicting
 
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 1    Relations or Interests; Effect. No members  or  employees  of
 2    the Authority shall be employed by, be an officer or director
 3    of,  or  have  any  ownership  interest in any corporation or
 4    entity which is or is to be a party to a management agreement
 5    or assistance agreement with the Authority under this Act  or
 6    which  is  a  tenant  of  any  facility  for  which financial
 7    assistance is or is to be provided under this Act.  No monies
 8    of  the  Authority  shall  be  deposited  in  any   financial
 9    institution  in  which  any  officer, director or holder of a
10    substantial proprietary interest is also a member or employee
11    of the Authority.  No  real  estate  to  which  a  member  or
12    employee  of the Authority holds legal title or in which such
13    person had any beneficial interest, including any interest in
14    a land trust, shall be purchased by the  Authority  or  by  a
15    corporation  or  entity  for  a facility to be financed under
16    this Act. All members and employees of  the  Authority  shall
17    file  annually with the Authority a record of all real estate
18    in this State to which such person holds legal  title  or  in
19    which  such person has any beneficial interest, including any
20    interest in a land trust.  In the event it is later disclosed
21    that the Authority has  purchased  real  estate  in  which  a
22    member  or  employee  had an interest, such purchase shall be
23    voidable by the Authority and the member or employee involved
24    shall be disqualified from membership in or employment by the
25    Authority.
26    (Source: P.A. 85-1034.)

27        (70 ILCS 3205/17) (from Ch. 85, par. 6017)
28        Sec. 17.  Members or Employees of Authority - Conflicting
29    Relations or Interests - Effects.
30        (A)  In addition to the prohibitions  of  Section  16  of
31    this  Act,  no  member  of the Authority or officer, agent or
32    employee thereof shall, in his or her own name or in the name
33    of a nominee, be an officer, director or  hold  an  ownership
 
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 1    interest  of  more  than  7  1/2% in any person, association,
 2    trust, corporation, partnership or other entity which is,  in
 3    its  own  name  or  in  the  name  of a nominee, a party to a
 4    contract or agreement upon which the member or officer, agent
 5    or employee may be called upon to act or vote.
 6        (B)  With respect to any direct or any indirect interest,
 7    other than an interest prohibited in subsection (A)  of  this
 8    Section or Section 16 of this Act, in a contract or agreement
 9    upon  which  the  member or officer, agent or employee may be
10    called upon to act or vote, a  member  of  the  Authority  or
11    officer, agent or employee thereof shall disclose the same to
12    the  secretary  of the Authority prior to the taking of final
13    action by the Authority concerning such contract or agreement
14    and shall so disclose the nature and extent of such  interest
15    and  his  or her acquisition thereof, which disclosures shall
16    be publicly acknowledged by the Authority  and  entered  upon
17    the  minutes  of the Authority.  If a member of the Authority
18    or officer, agent or employee thereof holds such an  interest
19    then  he  or  she  shall  refrain  from  any further official
20    involvement in regard to such  contract  or  agreement,  from
21    voting   on   any  matter  pertaining  to  such  contract  or
22    agreement, and from communicating with other members  of  the
23    Authority  or  its  officers, agents and employees concerning
24    said  contract  or  agreement.   Notwithstanding  any   other
25    provision  of  law, any contract or agreement entered into in
26    conformity with this subsection (B)  shall  not  be  void  or
27    invalid   by   reason  of  the  interest  described  in  this
28    subsection, nor shall any person so disclosing  the  interest
29    and  refraining from further official involvement as provided
30    in this subsection be guilty of an offense, be  removed  from
31    office  or be subject to any other penalty on account of such
32    interest.
33        (C)  Any contract  or  agreement  made  in  violation  of
34    subsections (A) or (B) of this Section shall be null and void
 
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 1    and give rise to no action against the Authority.
 2    (Source: P.A. 85-1034.)

 3        (70 ILCS 3205/19) (from Ch. 85, par. 6019)
 4        Sec. 19.  Tax. The Authority may impose an occupation tax
 5    upon  all  persons  engaged  in  the  City  of Chicago in the
 6    business of renting, leasing or letting rooms in a hotel,  as
 7    defined in The Hotel Operators' Occupation Tax Act, at a rate
 8    not  to  exceed  2%  of  the  gross  rental receipts from the
 9    renting, leasing or letting of hotel rooms located within the
10    City  of  Chicago,  excluding,  however,  from  gross  rental
11    receipts, the proceeds of such renting, leasing or letting to
12    permanent residents of that hotel and proceeds from  the  tax
13    imposed   under   subsection   (c)   of  Section  13  of  the
14    Metropolitan Pier and Exposition Authority Act.
15        The tax imposed by the Authority pursuant to this Section
16    and all civil penalties that may be assessed as  an  incident
17    thereof   shall  be  collected  and  enforced  by  the  State
18    Department of Revenue.  The certificate of registration which
19    is issued by the Department  to  a  lessor  under  The  Hotel
20    Operators' Occupation Tax Act shall permit such registrant to
21    engage  in a business which is taxable under any ordinance or
22    resolution  enacted  pursuant   to   this   Section   without
23    registering   separately   with  the  Department  under  such
24    ordinance  or  resolution  or  under   this   Section.    The
25    Department  shall  have  full power to administer and enforce
26    this  Section;  to  collect  all  taxes  and  penalties   due
27    hereunder;  to dispose of taxes and penalties so collected in
28    the manner provided in this Section,  and  to  determine  all
29    rights  to  credit  memoranda,  arising  on  account  of  the
30    erroneous  payment  of  tax  or  penalty  hereunder.  In  the
31    administration  of,  and  compliance  with, this Section, the
32    Department and persons who are subject to this Section  shall
33    have  the  same  rights,  remedies,  privileges,  immunities,
 
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 1    powers  and  duties,  and  be subject to the same conditions,
 2    restrictions,  limitations,  penalties  and  definitions   of
 3    terms,  and  employ  the  same  modes  of  procedure,  as are
 4    prescribed in The Hotel Operators' Occupation Tax Act (except
 5    where that Act is inconsistent herewith), as the same is  now
 6    or  may  hereafter  be amended, as fully as if the provisions
 7    contained in The Hotel Operators' Occupation Tax Act were set
 8    forth herein.
 9        Whenever the Department determines that a  refund  should
10    be made under this Section to a claimant instead of issuing a
11    credit  memorandum,  the  Department  shall  notify the State
12    Comptroller, who shall cause the warrant to be drawn for  the
13    amount   specified,   and   to  the  person  named,  in  such
14    notification from the Department.  Such refund shall be  paid
15    by  the  State Treasurer out of the amounts held by the State
16    Treasurer as trustee for the Authority.
17        Persons subject to any tax imposed pursuant to  authority
18    granted  by  this  Section may reimburse themselves for their
19    tax liability for such tax by separately stating such tax  as
20    an   additional   charge,  which  charge  may  be  stated  in
21    combination, in a single amount, with State tax imposed under
22    The Hotel Operators' Occupation Tax Act,  the  municipal  tax
23    imposed  under Section 8-3-13 of the Illinois Municipal Code,
24    and the tax imposed under Section 13 of the Metropolitan Pier
25    and Exposition Authority Act.
26        The Department shall forthwith  pay  over  to  the  State
27    Treasurer,  ex-officio,  as  trustee  for  the Authority, all
28    taxes and penalties collected  hereunder  for  deposit  in  a
29    trust fund outside the State Treasury.  On or before the 25th
30    day  of  each calendar month, the Department shall certify to
31    the Comptroller the amount to be paid to or on behalf of  the
32    Authority from amounts collected hereunder by the Department,
33    and   deposited  into  such  trust  fund  during  the  second
34    preceding calendar month. The amount to  be  paid  to  or  on
 
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 1    behalf  of  the  Authority shall be the amount (not including
 2    credit memoranda)  collected  hereunder  during  such  second
 3    preceding  calendar  month  by the Department, less an amount
 4    equal to the amount of refunds authorized during such  second
 5    preceding  calendar  month by the Department on behalf of the
 6    Authority, and less 4% of such balance, which  sum  shall  be
 7    retained  by  the State Treasurer to cover the costs incurred
 8    by  the  Department  in  administering  and   enforcing   the
 9    provisions  of  this  Section, as provided herein.  Each such
10    monthly certification by the Department shall also certify to
11    the Comptroller the amount to be so  retained  by  the  State
12    Treasurer  for  payment  into the General Revenue Fund of the
13    State Treasury.
14        Each  monthly  certification  by  the  Department   shall
15    certify, of the amount paid to or on behalf of the Authority,
16    (i)  the  portion  to  be paid to the Authority, and (ii) the
17    portion to be paid into the General Revenue Fund of the State
18    Treasury on behalf of the Authority as repayment  of  amounts
19    advanced  advances to the Authority pursuant to appropriation
20    from the Illinois Sports Facilities Fund.
21        With respect to each State  fiscal  year,  of  the  total
22    amount  to  be  paid  to  or  on behalf of the Authority, the
23    Department shall certify that payments shall  first  be  made
24    directly   to  the  Authority  in  an  amount  equal  to  any
25    difference  between  the  annual  amount  certified  by   the
26    Chairman  of  the Authority pursuant to Section 8.25-4 of the
27    State  Finance  Act   and  the  amount  appropriated  to  the
28    Authority from the Illinois Sports  Facilities  Fund.   Next,
29    the  Department shall certify that payment shall be made into
30    the General Revenue Fund of the State Treasury in  an  amount
31    equal  to  the  difference  between (i) the lesser of (x) the
32    amount appropriated from the Illinois Sports Facilities  Fund
33    to  the  Authority and (y) the annual amount certified by the
34    Chairman of the Authority pursuant to Section 8.25-4  of  the
 
HB1284 Enrolled             -28-               LRB9103965PTpk
 1    State Finance Act  and (ii) $10,000,000. The Department shall
 2    certify  that  all  additional  amounts  shall be paid to the
 3    Authority and used for its corporate purposes.
 4        Within 10 days after receipt, by the Comptroller, of  the
 5    Department's  monthly  certification of amounts to be paid to
 6    or on behalf of the Authority and amounts to be paid into the
 7    General  Revenue  Fund,  the  Comptroller  shall  cause   the
 8    warrants to be drawn for the respective amounts in accordance
 9    with the directions contained in such certification.
10        Amounts  collected  by  the  Department  and  paid to the
11    Authority pursuant to this Section  shall  be  used  for  the
12    corporate purposes of the Authority.  On June 15, 1992 and on
13    each  June  15  thereafter,  the Authority shall repay to the
14    State Treasurer all amounts paid to it under this Section and
15    otherwise  remaining  available  to   the   Authority   after
16    providing  for  (i) payment of principal and interest on, and
17    other payments related to, its obligations issued  or  to  be
18    issued  under  Section  13 of the Act, including any deposits
19    required to reserve funds  created  under  any  indenture  or
20    resolution   authorizing  issuance  of  the  obligations  and
21    payments to providers of credit enhancement, (ii) payment  of
22    obligations  under the provisions of any management agreement
23    with respect  to  a  facility  or  facilities  owned  by  the
24    Authority  or of any assistance agreement with respect to any
25    facility for which financial  assistance  is  provided  under
26    this Act, and payment of other capital and operating expenses
27    of  the Authority, including any deposits required to reserve
28    funds created for repair and replacement  of  capital  assets
29    and  to  meet  the  obligations  of  the  Authority under any
30    management agreement or assistance agreement.  Amounts repaid
31    by the Authority to the State Treasurer  hereunder  shall  be
32    treated  as  repayment of amounts deposited into the Illinois
33    Sports Facilities Fund and credited to  the  Subsidy  Account
34    and  used  for  the  corporate purposes of the Authority. The
 
HB1284 Enrolled             -29-               LRB9103965PTpk
 1    State Treasurer shall deposit the  lesser  of  $5,000,000  or
 2    one-half  of  the  amount  received  into the General Revenue
 3    Fund; thereafter, at the beginning of each  fiscal  year  the
 4    State  Treasurer  shall  certify to the State Comptroller for
 5    all  prior  fiscal  years  the  cumulative  amount   of   any
 6    deficiencies  in repayments to the City of Chicago of amounts
 7    in  the  Local  Government  Distributive  Fund   that   would
 8    otherwise  have  been  allocated to the City of Chicago under
 9    the State Revenue Sharing Act but instead were paid into  the
10    General  Revenue Fund under Section 6 of the Hotel Operators'
11    Occupation Tax Act and that have not been reimbursed, and the
12    Comptroller shall, during the fiscal year at the beginning of
13    which the certification was made, cause warrants to be  drawn
14    from the amount received for the repayment of that cumulative
15    amount  to  the  City of Chicago until that cumulative amount
16    has been fully reimbursed; thereafter,  the  State  Treasurer
17    and shall deposit the balance of the amount received into the
18    trust  fund  established  outside  the  State  Treasury under
19    subsection (g) of Section 13 of  the  Metropolitan  Pier  and
20    Exposition Authority Act.
21        Nothing  in  this Section shall be construed to authorize
22    the Authority to impose a tax upon the privilege of  engaging
23    in  any  business  which under the constitution of the United
24    States may not be made the subject of taxation by this State.
25        An ordinance or resolution imposing  or  discontinuing  a
26    tax hereunder or effecting a change in the rate thereof shall
27    be  effective  on  the first day of the second calendar month
28    next following the month in which the ordinance or resolution
29    is passed.
30        If the Authority levies a tax authorized by this  Section
31    it shall transmit to the Department of Revenue not later than
32    5  days  after  the adoption of the ordinance or resolution a
33    certified copy of the ordinance or resolution  imposing  such
34    tax  whereupon  the  Department  of  Revenue shall proceed to
 
HB1284 Enrolled             -30-               LRB9103965PTpk
 1    administer  and  enforce  this  Section  on  behalf  of   the
 2    Authority.  Upon  a change in rate of a tax levied hereunder,
 3    or upon the discontinuance of the tax,  the  Authority  shall
 4    not  later  than  5  days  after  the  effective  date of the
 5    ordinance or resolution discontinuing the tax or effecting  a
 6    change  in  rate  transmit  to  the  Department  of Revenue a
 7    certified copy of the ordinance or resolution effecting  such
 8    change or discontinuance.
 9    (Source: P.A. 87-733.)

10        (70 ILCS 3205/20) (from Ch. 85, par. 6020)
11        Sec.  20.   No  Impairment  of  Management  Agreement  or
12    Assistance  Agreement.   The State of Illinois pledges to and
13    agrees with any tenant under any management agreement entered
14    into by the Authority with respect to a stadium facility  and
15    any governmental owner of a facility with which the Authority
16    has entered into an assistance agreement with respect to such
17    facility  and,  if applicable, its tenant that the State will
18    not limit or alter  the  rights  and  powers  vested  in  the
19    Authority  by  this Act so as to impair the terms of any such
20    management agreement or assistance agreement or  in  any  way
21    impair the rights and remedies of such tenant or governmental
22    owner  or  its  tenant  so long as the tenant or governmental
23    owner or  its  tenant  is  not  in  default  thereunder.   In
24    addition,  the  State pledges to and agrees with such tenant,
25    any governmental owner of a  facility,  and  its  tenant,  if
26    applicable,  that the State will not limit the basis on which
27    State funds are to be allocated, deposited and  paid  to  the
28    Authority,  or  the  use  of  such funds, so as to impair the
29    terms  of  any  such  management  agreement   or   assistance
30    agreement.    The  Authority  is  authorized  to include this
31    pledge and agreement of the State  in  each  such  management
32    agreement and assistance agreement.
33    (Source: P.A. 85-1034.)
 
HB1284 Enrolled             -31-               LRB9103965PTpk
 1        Section 10.  The State Finance Act is amended by changing
 2    Section 8.25-4 as follows:

 3        (30 ILCS 105/8.25-4) (from Ch. 127, par. 144.25-4)
 4        Sec.   8.25-4.    All   moneys  in  the  Illinois  Sports
 5    Facilities Fund are allocated to and  shall  be  transferred,
 6    appropriated  and  used  only for the purposes authorized by,
 7    and subject  to,  the  limitations  and  conditions  of  this
 8    Section.
 9        All  moneys deposited pursuant to Section 13.1 of "An Act
10    in relation to State revenue sharing with local  governmental
11    entities",  as amended, and all moneys deposited with respect
12    to the $5,000,000 deposit, but not the additional  $8,000,000
13    advance applicable before July 1, 2001, or the Advance Amount
14    applicable  on  and after that date, pursuant to Section 6 of
15    "The Hotel Operators' Occupation Tax Act", as  amended,  into
16    the  Illinois Sports Facilities Fund shall be credited to the
17    Subsidy Account within the Fund.  All moneys  deposited  with
18    respect  to  the  additional  $8,000,000  advance  applicable
19    before  July 1, 2001, or the Advance Amount applicable on and
20    after that date, but not the $5,000,000 deposit, pursuant  to
21    Section  6  of  "The Hotel Operators' Occupation Tax Act", as
22    amended, into the Illinois Sports Facilities  Fund  shall  be
23    credited to the Advance Account within the Fund.
24        Beginning  with  fiscal year 1989 and continuing for each
25    fiscal year thereafter  through  and  including  fiscal  year
26    2001,  no  less  than  30  days  before the beginning of such
27    fiscal year (except as soon as may be practicable  after  the
28    effective date of this amendatory Act of 1988 with respect to
29    fiscal  year  1989)  the  Chairman  of  the  Illinois  Sports
30    Facilities  Authority  shall certify to the State Comptroller
31    and the State Treasurer,  without  taking  into  account  any
32    revenues  or  receipts  of  the  Authority, the lesser of (a)
33    $18,000,000 and (b) the sum of (i) the amount anticipated  to
 
HB1284 Enrolled             -32-               LRB9103965PTpk
 1    be  required  by  the Authority during the fiscal year to pay
 2    principal of and interest on, and other payments relating to,
 3    its obligations issued or to be issued under  Section  13  of
 4    the  Illinois  Sports Facilities Authority Act, including any
 5    deposits  required  to  reserve  funds  created   under   any
 6    indenture   or   resolution   authorizing   issuance  of  the
 7    obligations and payments to providers of credit  enhancement,
 8    (ii)  the  amount anticipated to be required by the Authority
 9    during  the  fiscal  year  to  pay  obligations   under   the
10    provisions provision of any management agreement with respect
11    to  a facility or facilities owned by the Authority or of any
12    assistance agreement with respect to any facility  for  which
13    financial  assistance  is  provided under the Illinois Sports
14    Facilities Authority  Act,  and  to  pay  other  capital  and
15    operating  expenses  of the Authority during the fiscal year,
16    including any deposits required to reserve funds created  for
17    repair  and  replacement  of  capital  assets and to meet the
18    obligations of the Authority under any  management  agreement
19    or  assistance agreement, and (iii) any amounts under (i) and
20    (ii) above remaining unpaid from previous years.
21        Beginning with fiscal year 2002 and continuing  for  each
22    fiscal  year  thereafter,  no  less  than  30 days before the
23    beginning of such fiscal year, the Chairman of  the  Illinois
24    Sports  Facilities  Authority  shall  certify  to  the  State
25    Comptroller  and  the  State  Treasurer,  without taking into
26    account any revenues or receipts of the Authority, the lesser
27    of (a) an amount equal to the sum of the Advance Amount  plus
28    $10,000,000  and (b) the sum of (i) the amount anticipated to
29    be required by the Authority during the fiscal  year  to  pay
30    principal of and interest on, and other payments relating to,
31    its  obligations  issued  or to be issued under Section 13 of
32    the Illinois Sports Facilities Authority Act,  including  any
33    deposits   required   to  reserve  funds  created  under  any
34    indenture  or  resolution   authorizing   issuance   of   the
 
HB1284 Enrolled             -33-               LRB9103965PTpk
 1    obligations  and payments to providers of credit enhancement,
 2    (ii) the amount anticipated to be required by  the  Authority
 3    during   the   fiscal  year  to  pay  obligations  under  the
 4    provisions of any management  agreement  with  respect  to  a
 5    facility   or  facilities  owned  by  the  Authority  or  any
 6    assistance agreement with respect to any facility  for  which
 7    financial  assistance  is  provided under the Illinois Sports
 8    Facilities Authority  Act,  and  to  pay  other  capital  and
 9    operating  expenses  of the Authority during the fiscal year,
10    including any deposits required to reserve funds created  for
11    repair  and  replacement  of  capital  assets and to meet the
12    obligations of the Authority under any  management  agreement
13    or  assistance agreement, and (iii) any amounts under (i) and
14    (ii) above remaining unpaid from previous years.
15        A copy of any this certification  made  by  the  Chairman
16    under  the  preceding  2  paragraphs  shall be filed with the
17    Governor and the Mayor of the City of Chicago.  The  Chairman
18    may file an amended certification from time to time.
19        Subject   to  sufficient  appropriation  by  the  General
20    Assembly,  beginning  with  July  1,  1988   and   thereafter
21    continuing  on the first day of each month during each fiscal
22    year through and including fiscal year 2001, the  Comptroller
23    shall order paid and the Treasurer shall pay to the Authority
24    the  amount  in the Illinois Sports Facilities Fund until (x)
25    the lesser of $10,000,000  or  the  amount  appropriated  for
26    payment to the Authority from amounts credited to the Subsidy
27    Account  and  (y)  the lesser of $8,000,000 or the difference
28    between the amount appropriated for payment to the  Authority
29    during  the  fiscal  year  and $10,000,000 has been paid from
30    amounts credited to the Advance Account.
31        Subject  to  sufficient  appropriation  by  the   General
32    Assembly,   beginning  with  July  1,  2001,  and  thereafter
33    continuing on the first day of each month during each  fiscal
34    year  thereafter,  the  Comptroller  shall order paid and the
 
HB1284 Enrolled             -34-               LRB9103965PTpk
 1    Treasurer shall pay  to  the  Authority  the  amount  in  the
 2    Illinois  Sports  Facilities  Fund  until  (x)  the lesser of
 3    $10,000,000 or the amount appropriated  for  payment  to  the
 4    Authority  from  amounts  credited to the Subsidy Account and
 5    (y) the lesser  of  the  Advance  Amount  or  the  difference
 6    between  the amount appropriated for payment to the Authority
 7    during the fiscal year and $10,000,000  has  been  paid  from
 8    amounts credited to the Advance Account.
 9        Provided  that  all  amounts  deposited  in  the Illinois
10    Sports Facilities Fund and credited to the  Subsidy  Account,
11    to   the   extent   requested   pursuant  to  the  Chairman's
12    certification, have been paid, on June 30, 1989, and on  June
13    30  of  each  year  thereafter,  all amounts remaining in the
14    Subsidy Account of the Illinois Sports Facilities Fund  shall
15    be transferred by the State Treasurer one-half to the General
16    Revenue  Fund  in the State Treasury and one-half to the City
17    Tax Fund.  Provided that all amounts  appropriated  from  the
18    Illinois  Sports  Facilities  Fund,  to  the extent requested
19    pursuant to the Chairman's certification, have been paid,  on
20    June  30,  1989,  and on June 30 of each year thereafter, all
21    amounts remaining in the  Advance  Account  of  the  Illinois
22    Sports  Facilities  Fund  shall  be  transferred by the State
23    Treasurer to the General Revenue Fund in the State Treasury.
24        For purposes of this Section, the term  "Advance  Amount"
25    means,  for fiscal year 2002, $22,179,000, and for subsequent
26    fiscal years  through  fiscal  year  2032,  105.615%  of  the
27    Advance  Amount  for  the  immediately preceding fiscal year,
28    rounded up to the nearest $1,000.
29    (Source: P.A. 85-1034.)

30        Section 12.  The State Revenue Sharing Act is amended  by
31    changing Section 2 as follows:

32        (30 ILCS 115/2) (from Ch. 85, par. 612)
 
HB1284 Enrolled             -35-               LRB9103965PTpk
 1        Sec.  2.   Allocation and Disbursement. As soon as may be
 2    after the first day of each month, the Department of  Revenue
 3    shall  allocate among the several municipalities and counties
 4    of this State the amount available in  the  Local  Government
 5    Distributive  Fund  and   in  the  Income Tax Surcharge Local
 6    Government  Distributive  Fund,  determined  as  provided  in
 7    Sections 1 and 1a above. Except as provided  in  Sections  13
 8    and  13.1 of this Act, the Department shall then certify such
 9    allocations to the State Comptroller, who shall pay  over  to
10    the   several  municipalities  and  counties  the  respective
11    amounts  allocated  to  them.   The  amount  of  such   Funds
12    allocable  to  each  such municipality and county shall be in
13    proportion to the number  of  individual  residents  of  such
14    municipality  or county to the total population of the State,
15    determined in each case on the basis of the latest census  of
16    the  State,   municipality or county conducted by the Federal
17    government and certified by the Secretary of  State  and  for
18    annexations  to  municipalities, the latest Federal, State or
19    municipal census of the annexed area which has been certified
20    by the Department of Revenue.  Allocations  to  the  City  of
21    Chicago  under  this  Section are subject to Section 6 of the
22    Hotel Operators' Occupation Tax Act. For the purpose of  this
23    Section, the number of individual residents of a county shall
24    be  reduced  by the number of individuals residing therein in
25    municipalities, but the number of individual residents of the
26    State, county  and  municipality  shall  reflect  the  latest
27    census of any of them. The amounts transferred into the Local
28    Government Distributive Fund pursuant to Section 9 of the Use
29    Tax  Act,  Section 9 of the Service Use Tax Act, Section 9 of
30    the  Service  Occupation  Tax  Act,  and  Section  3  of  the
31    Retailers' Occupation Tax  Act,  each  as  now  or  hereafter
32    amended,  pursuant  to  the  amendments  of  such Sections by
33    Public Act 85-1135, shall be distributed as provided in  said
34    Sections.
 
HB1284 Enrolled             -36-               LRB9103965PTpk
 1    (Source: P.A. 91-51, eff. 6-30-99.)

 2        Section  15.  The  Hotel Operators' Occupation Tax Act is
 3    amended by changing Section 6 as follows:

 4        (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
 5        Sec. 6.  Except as provided hereinafter in this  Section,
 6    on  or  before  the  last  day  of each calendar month, every
 7    person engaged in the business of renting, leasing or letting
 8    rooms in a hotel in this State during the preceding  calendar
 9    month shall file a return with the Department, stating:
10             1.  The name of the operator;
11             2.  His  residence  address  and  the address of his
12        principal place  of  business  and  the  address  of  the
13        principal  place  of  business  (if  that  is a different
14        address)  from  which  he  engages  in  the  business  of
15        renting, leasing or letting rooms  in  a  hotel  in  this
16        State;
17             3.  Total  amount of rental receipts received by him
18        during the preceding calendar month from renting, leasing
19        or letting rooms during such preceding calendar month;
20             4.  Total amount of rental receipts received by  him
21        during the preceding calendar month from renting, leasing
22        or  letting  rooms  to  permanent  residents  during such
23        preceding calendar month;
24             5.  Total amount  of  other  exclusions  from  gross
25        rental receipts allowed by this Act;
26             6.  Gross rental receipts which were received by him
27        during the preceding calendar month and upon the basis of
28        which the tax is imposed;
29             7.  The amount of tax due;
30             8.  Such   other   reasonable   information  as  the
31        Department may require.
32        If the operator's average monthly tax  liability  to  the
 
HB1284 Enrolled             -37-               LRB9103965PTpk
 1    Department does not exceed $200, the Department may authorize
 2    his  returns  to be filed on a quarter annual basis, with the
 3    return for January, February and March of a given year  being
 4    due  by April 30 of such year; with the return for April, May
 5    and June of a given year being due by July 31 of  such  year;
 6    with  the  return  for  July, August and September of a given
 7    year being due by October 31  of  such  year,  and  with  the
 8    return  for  October,  November  and December of a given year
 9    being due by January 31 of the following year.
10        If the operator's average monthly tax  liability  to  the
11    Department  does not exceed $50, the Department may authorize
12    his returns to be filed on an annual basis, with  the  return
13    for  a  given  year  being due by January 31 of the following
14    year.
15        Such quarter annual and annual returns, as  to  form  and
16    substance,  shall  be  subject  to  the  same requirements as
17    monthly returns.
18        Notwithstanding  any  other   provision   in   this   Act
19    concerning  the  time  within  which an operator may file his
20    return, in the case of any operator who ceases to engage in a
21    kind of business  which  makes  him  responsible  for  filing
22    returns  under  this  Act,  such  operator shall file a final
23    return under this Act with the Department  not  more  than  1
24    month after discontinuing such business.
25        Where the same person has more than 1 business registered
26    with  the  Department under separate registrations under this
27    Act, such person shall not file each return that is due as  a
28    single  return  covering  all such registered businesses, but
29    shall  file  separate  returns  for  each   such   registered
30    business.
31        In  his return, the operator shall determine the value of
32    any  consideration  other  than  money  received  by  him  in
33    connection with the renting, leasing or letting of  rooms  in
34    the course of his business and he shall include such value in
 
HB1284 Enrolled             -38-               LRB9103965PTpk
 1    his  return.   Such  determination shall be subject to review
 2    and revision by the  Department  in  the  manner  hereinafter
 3    provided for the correction of returns.
 4        Where  the operator is a corporation, the return filed on
 5    behalf of such corporation shall be signed by the  president,
 6    vice-president,  secretary  or  treasurer  or by the properly
 7    accredited agent of such corporation.
 8        The person filing the return herein provided  for  shall,
 9    at  the time of filing such return, pay to the Department the
10    amount of tax herein imposed.  The operator filing the return
11    under this Section shall, at the time of filing such  return,
12    pay  to  the Department the amount of tax imposed by this Act
13    less a discount of 2.1% or $25 per calendar  year,  whichever
14    is  greater,  which  is allowed to reimburse the operator for
15    the expenses  incurred  in  keeping  records,  preparing  and
16    filing  returns,  remitting the tax and supplying data to the
17    Department on request.
18        There shall be deposited in the Build  Illinois  Fund  in
19    the  State  Treasury  for  each  State fiscal year 40% of the
20    amount  of  total  net  proceeds  from  the  tax  imposed  by
21    subsection  (a)  of  Section  3.    Of  the  remaining   60%,
22    $5,000,000   shall   be  deposited  in  the  Illinois  Sports
23    Facilities Fund and credited  to  the  Subsidy  Account  each
24    fiscal  year  by making monthly deposits in the amount of 1/8
25    of $5,000,000 plus cumulative deficiencies in  such  deposits
26    for  prior  months,  and  an  additional  $8,000,000 shall be
27    deposited in the Illinois Sports Facilities Fund and credited
28    to the Advance Account each fiscal  year  by  making  monthly
29    deposits  in  the  amount  of  1/8  of  $8,000,000  plus  any
30    cumulative  deficiencies  in  such deposits for prior months;
31    provided, that for fiscal years ending after June  30,  2001,
32    the  amount  to  be  so  deposited  into  the Illinois Sports
33    Facilities Fund and credited  to  the  Advance  Account  each
34    fiscal  year  shall  be increased from $8,000,000 to the then
 
HB1284 Enrolled             -39-               LRB9103965PTpk
 1    applicable Advance Amount and the required  monthly  deposits
 2    beginning with July 2001 shall be in the amount of 1/8 of the
 3    then   applicable   Advance   Amount   plus   any  cumulative
 4    deficiencies  in  those  deposits  for  prior  months.   (The
 5    deposits  of the additional $8,000,000 or the then applicable
 6    Advance Amount, as applicable, during each fiscal year  shall
 7    be  treated  as  advances  of  funds  to  the Illinois Sports
 8    Facilities Authority for its corporate purposes to the extent
 9    paid to the Authority or its trustee and shall be repaid into
10    the General Revenue Fund in the State Treasury by  the  State
11    Treasurer  on behalf of the Authority solely from collections
12    of the tax imposed by the Authority pursuant to Section 19 of
13    the Illinois Sports Facilities Authority Act, as amended.  If
14    in  any  fiscal  year  the full amount of the then applicable
15    Advance Amount is not repaid into the General  Revenue  Fund,
16    then  the  deficiency  shall  be  paid from the amount in the
17    Local Government Distributive Fund that  would  otherwise  be
18    allocated  to  the  City  of  Chicago under the State Revenue
19    Sharing Act.)
20        For  purposes  of  the  foregoing  paragraph,  the   term
21    "Advance  Amount"  means,  for fiscal year 2002, $22,179,000,
22    and for subsequent fiscal years  through  fiscal  year  2032,
23    105.615%  of the Advance Amount for the immediately preceding
24    fiscal year, rounded up to the nearest $1,000.
25        Of the remaining 60% of the amount of total net  proceeds
26    from the tax imposed by subsection (a) of Section 3 after all
27    required deposits in the Illinois Sports Facilities Fund, the
28    amount equal to 8% of the net revenue realized from the Hotel
29    Operators'  Occupation  Tax Act plus an amount equal to 8% of
30    the net revenue realized from any tax imposed  under  Section
31    4.05  of  the  Chicago World's Fair-1992 Authority Act during
32    the preceding month shall be deposited in the  Local  Tourism
33    Fund each month for purposes authorized by Section 605-705 of
34    the Department of Commerce and Community Affairs Law (20 ILCS
 
HB1284 Enrolled             -40-               LRB9103965PTpk
 1    605/605-705)  in the Local Tourism Fund, and beginning August
 2    1, 1999 the amount equal to 6% of the  net  revenue  realized
 3    from  the  Hotel  Operators'  Occupation  Tax  Act during the
 4    preceding month shall be  deposited  into  the  International
 5    Tourism  Fund for the purposes authorized in Section 46.6d of
 6    the Civil Administrative Code of  Illinois.     "Net  revenue
 7    realized  for  a  month"  means  the revenue collected by the
 8    State under that Act  during  the  previous  month  less  the
 9    amount  paid  out  during  that  same  month  as  refunds  to
10    taxpayers for overpayment of liability under that Act.
11        After  making  all  these deposits, all other proceeds of
12    the tax imposed under subsection (a) of Section  3  shall  be
13    deposited  in the General Revenue Fund in the State Treasury.
14    All moneys received by the Department from the additional tax
15    imposed under subsection (b) of Section 3 shall be  deposited
16    into the Build Illinois Fund in the State Treasury.
17        The  Department  may,  upon  separate written notice to a
18    taxpayer, require the taxpayer to prepare and file  with  the
19    Department  on a form prescribed by the Department within not
20    less than 60 days after  receipt  of  the  notice  an  annual
21    information return for the tax year specified in the notice.
22    Such   annual  return  to  the  Department  shall  include  a
23    statement of gross receipts as shown by the  operator's  last
24    State  income  tax  return.   If  the  total  receipts of the
25    business as reported in the State income tax  return  do  not
26    agree  with the gross receipts reported to the Department for
27    the same period, the operator  shall  attach  to  his  annual
28    information return a schedule showing a reconciliation of the
29    2 amounts and the reasons for the difference.  The operator's
30    annual  information  return  to  the  Department  shall  also
31    disclose  pay  roll  information  of  the operator's business
32    during the year covered by such  return  and  any  additional
33    reasonable  information  which  the Department deems would be
34    helpful in determining the accuracy of the monthly, quarterly
 
HB1284 Enrolled             -41-               LRB9103965PTpk
 1    or annual  tax  returns  by  such  operator  as  hereinbefore
 2    provided for in this Section.
 3        If the annual information return required by this Section
 4    is  not  filed  when  and  as  required the taxpayer shall be
 5    liable for a penalty in an amount  determined  in  accordance
 6    with  Section  3-4  of  the  Uniform Penalty and Interest Act
 7    until such return is filed as required,  the  penalty  to  be
 8    assessed  and  collected  in  the  same  manner  as any other
 9    penalty provided for in this Act.
10        The chief executive officer, proprietor, owner or highest
11    ranking manager shall sign the annual return to  certify  the
12    accuracy  of  the  information contained therein.  Any person
13    who willfully signs the annual  return  containing  false  or
14    inaccurate   information  shall  be  guilty  of  perjury  and
15    punished accordingly.  The annual return form  prescribed  by
16    the  Department  shall  include  a  warning  that  the person
17    signing the return may be liable for perjury.
18        The foregoing portion  of  this  Section  concerning  the
19    filing of an annual  information return shall not apply to an
20    operator  who  is  not  required to file an income tax return
21    with the United States Government.
22    (Source:  P.A.  90-26,  eff.  7-1-97;  91-239,  eff.  1-1-00;
23    91-604, eff. 8-16-99; revised 10-27-99.)

24        Section 20.  The Chicago Park District Act is amended  by
25    adding Section 15d as follows:

26        (70 ILCS 1505/15d new)
27        Sec.  15d.   Assistance  agreements;  facilities; private
28    seat licenses; naming rights.  In addition to the powers  and
29    authority  now  possessed  by  it,  the Chicago Park District
30    shall have the power and authority:
31             (1)  to enter into and perform its obligations under
32        one or more "assistance agreements" with respect  to  any
 
HB1284 Enrolled             -42-               LRB9103965PTpk
 1        "facility"  of  which  the  Chicago  Park District is the
 2        "governmental owner", as each of those terms  is  defined
 3        in  the  Illinois Sports Facilities Authority Act, and to
 4        enter  into  and  perform  its  obligations  under  other
 5        contracts related thereto, upon such terms and conditions
 6        as may be determined by the Chicago Park District;
 7             (2)  to enter into and perform its obligations under
 8        a lease, license, or agreement with a professional sports
 9        team or other sports team with respect to  a  "facility",
10        as that term is defined in the Illinois Sports Facilities
11        Authority  Act,  upon such terms and conditions as may be
12        determined by the Chicago Park District;
13             (3)  to sell, convey, lease, or grant  a  permit  or
14        license  with  respect to, or authorize another person on
15        its behalf to sell, convey, lease, or grant a  permit  or
16        license  with  respect  to:  (A)  the right to use or the
17        right to purchase tickets to use, or any  other  interest
18        in, any seat or area within a "facility", as that term is
19        defined  in the Illinois Sports Facilities Authority Act,
20        (B) the right to name or place advertising in all or  any
21        part  of  such a facility, or (C) any intangible personal
22        property rights, including intellectual property  rights,
23        appurtenant  to  any such facility; and to enter into and
24        perform its obligations with  respect  to  any  contract,
25        understanding, agreement, or arrangement related thereto,
26        upon  such  terms  and conditions as may be determined by
27        the Chicago Park District;
28             (4)  to  accept  the  transfer  of  and  assume  the
29        obligations under a contract or contracts entered into by
30        the  "Authority"  or  its  agent  for  the   design   and
31        construction  services  or  design/build  services  for a
32        "facility", as each such term is defined in the  Illinois
33        Sports Facilities Authority Act, and exercise such rights
34        and perform such obligations thereunder without regard to
 
HB1284 Enrolled             -43-               LRB9103965PTpk
 1        the   procedures,   regulations   and  laws  which  would
 2        otherwise  have  been  applicable  to  the  Chicago  Park
 3        District had the Chicago Park District originally entered
 4        into such contract or contracts; and
 5             (5)  to  enter  into  leases,  license   agreements,
 6        permit  agreements  or  other  agreements with respect to
 7        parking facilities, concessions,  restaurants  and  other
 8        facilities  providing  goods  and  services relating to a
 9        "facility" of which the  Chicago  Park  District  is  the
10        "governmental owner", as each such term is defined in the
11        Illinois Sports Facilities Authority Act, upon such terms
12        and  conditions  as may be determined by the Chicago Park
13        District.

14        Section  25.  The  Prevailing  Wage  Act  is  amended  by
15    changing Section 2 as follows:

16        (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
17        Sec. 2.  This Act  applies  to  the  wages  of  laborers,
18    mechanics  and other workers employed in any public works, as
19    hereinafter defined, by any public body and to  anyone  under
20    contracts for public works.
21        As  used  in  this  Act,  unless  the  context  indicates
22    otherwise:
23        "Public  works"  means  all  fixed  works constructed for
24    public use by any public body, other than work done  directly
25    by  any  public  utility  company,  whether or not done under
26    public supervision or direction, or paid  for  wholly  or  in
27    part  out  of public funds.  "Public works" as defined herein
28    includes all projects financed in whole or in part with bonds
29    issued under the Industrial Project Revenue Bond Act (Article
30    11,  Division  74  of  the  Illinois  Municipal  Code),   the
31    Industrial   Building   Revenue   Bond   Act,   the  Illinois
32    Development  Finance  Authority  Act,  the  Illinois   Sports
 
HB1284 Enrolled             -44-               LRB9103965PTpk
 1    Facilities Authority Act, or the Build Illinois Bond Act, and
 2    all projects financed in whole or in part with loans or other
 3    funds made available pursuant to the Build Illinois Act.
 4        "Construction"  means  all work on public works involving
 5    laborers, workers or mechanics.
 6        "Locality" means the county where the physical work  upon
 7    public  works  is  performed, except (1) that if there is not
 8    available in the county  a  sufficient  number  of  competent
 9    skilled  laborers,  workers  and  mechanics  to construct the
10    public works efficiently and  properly,  "locality"  includes
11    any  other  county  nearest  the  one  in  which  the work or
12    construction is to be performed and from which  such  persons
13    may be obtained in sufficient numbers to perform the work and
14    (2) that, with respect to contracts for highway work with the
15    Department of Transportation of this State, "locality" may at
16    the   discretion  of  the  Secretary  of  the  Department  of
17    Transportation be construed to include two or  more  adjacent
18    counties  from  which  workers  may be accessible for work on
19    such construction.
20        "Public body" means the State or any  officer,  board  or
21    commission  of  the  State  or  any  political subdivision or
22    department thereof, or any institution supported in whole  or
23    in  part  by  public  funds,  authorized  by law to construct
24    public  works  or  to  enter  into  any  contract   for   the
25    construction  of  public  works,  and  includes every county,
26    city, town, village, township, school  district,  irrigation,
27    utility,  reclamation improvement or other district and every
28    other political subdivision, district or municipality of  the
29    state  whether  such  political  subdivision, municipality or
30    district operates under a special charter or not.
31        The terms "general  prevailing  rate  of  hourly  wages",
32    "general  prevailing  rate  of  wages" or "prevailing rate of
33    wages" when used in this Act mean the hourly cash wages  plus
34    fringe  benefits  for  training  and  apprenticeship programs
 
HB1284 Enrolled             -45-               LRB9103965PTpk
 1    approved  by  the  U.S.  Department  of  Labor,   Bureau   of
 2    Apprenticeship  and  Training, health and welfare, insurance,
 3    vacations and pensions paid generally,  in  the  locality  in
 4    which  the  work  is being performed, to employees engaged in
 5    work of a similar similiar character on public works.
 6    (Source: P.A. 91-105, eff. 1-1-00; revised 10-7-99.)

 7        Section 30.  The Freedom of Information Act is amended by
 8    changing Section 2 as follows:

 9        (5 ILCS 140/2) (from Ch. 116, par. 202)
10        Sec. 2.  Definitions.  As used in this Act:
11        (a)  "Public  body"  means  any  legislative,  executive,
12    administrative,  or  advisory  bodies  of  the  State,  state
13    universities  and  colleges,  counties,  townships,   cities,
14    villages,  incorporated towns, school districts and all other
15    municipal  corporations,  boards,  bureaus,  committees,   or
16    commissions  of  this State, and any subsidiary bodies of any
17    of the foregoing including but not limited to committees  and
18    subcommittees  which are supported in whole or in part by tax
19    revenue, or which expend tax revenue. "Public body" does  not
20    include a child death review team established under the Child
21    Death Review Team Act.
22        (b)  "Person"    means   any   individual,   corporation,
23    partnership,  firm,  organization  or   association,   acting
24    individually or as a group.
25        (c)  "Public  records" means all records, reports, forms,
26    writings,   letters,   memoranda,   books,   papers,    maps,
27    photographs, microfilms, cards, tapes, recordings, electronic
28    data  processing  records, recorded information and all other
29    documentary  materials,  regardless  of  physical   form   or
30    characteristics,  having  been  prepared,  or  having been or
31    being used, received, possessed or under the control  of  any
32    public body.  "Public records" includes, but is expressly not
 
HB1284 Enrolled             -46-               LRB9103965PTpk
 1    limited  to:   (i)  administrative manuals, procedural rules,
 2    and instructions to staff, unless exempted by Section 7(p) of
 3    this  Act;  (ii)  final  opinions  and  orders  made  in  the
 4    adjudication of cases, except  an  educational  institution's
 5    adjudication of student or employee grievance or disciplinary
 6    cases;   (iii)   substantive   rules;   (iv)  statements  and
 7    interpretations of policy which have been adopted by a public
 8    body;  (v)  final  planning  policies,  recommendations,  and
 9    decisions; (vi)  factual  reports,  inspection  reports,  and
10    studies whether prepared by or for the public body; (vii) all
11    information in any account, voucher, or contract dealing with
12    the receipt or expenditure of public or other funds of public
13    bodies;  (viii)  the  names,  salaries,  titles, and dates of
14    employment of all employees and officers  of  public  bodies;
15    (ix)  materials  containing opinions concerning the rights of
16    the state, the public, a subdivision  of  state  or  a  local
17    government,  or of any private persons; (x) the name of every
18    official and the final records of voting in  all  proceedings
19    of public bodies; (xi) applications for any contract, permit,
20    grant,  or  agreement  except  as exempted from disclosure by
21    subsection (g) of Section 7 of this Act; (xii)  each  report,
22    document,  study,  or  publication  prepared  by  independent
23    consultants  or  other independent contractors for the public
24    body; (xiii) all other information required by law to be made
25    available for public inspection or copying; (xiv) information
26    relating to any grant or contract made by or between a public
27    body and another public body or  private  organization;  (xv)
28    waiver  documents  filed  with  the  State  Superintendent of
29    Education or the president  of  the  University  of  Illinois
30    under Section 30-12.5 of the School Code, concerning nominees
31    for General Assembly scholarships under Sections 30-9, 30-10,
32    and  30-11  of the School Code; and (xvi) complaints, results
33    of complaints, and Department of Children and Family Services
34    staff  findings  of  licensing   violations   at   day   care
 
HB1284 Enrolled             -47-               LRB9103965PTpk
 1    facilities,    provided   that   personal   and   identifying
 2    information is not released;  and  (xvii)  records,  reports,
 3    forms, writings, letters, memoranda, books, papers, and other
 4    documentary  information,  regardless  of  physical  form  or
 5    characteristics,  having  been  prepared,  or  having been or
 6    being used, received, possessed, or under the control of  the
 7    Illinois Sports Facilities Authority dealing with the receipt
 8    or  expenditure  of  public  funds  or  other  funds  of  the
 9    Authority  in connection with the reconstruction, renovation,
10    remodeling, extension, or improvement of all or substantially
11    all of an existing "facility" as that term is defined in  the
12    Illinois Sports Facilities Authority Act.
13        (d)  "Copying"  means  the  reproduction  of  any  public
14    record  by  means of any photographic, electronic, mechanical
15    or other process, device or means.
16        (e)  "Head of  the  public  body"  means  the  president,
17    mayor, chairman, presiding officer, director, superintendent,
18    manager,  supervisor  or individual otherwise holding primary
19    executive and administrative authority for the  public  body,
20    or such person's duly authorized designee.
21        (f)  "News  media"  means a newspaper or other periodical
22    issued at regular intervals, a news service, a radio station,
23    a television station, a community antenna television service,
24    or a person or corporation engaged in making  news  reels  or
25    other motion picture news for public showing.
26    (Source:  P.A.  89-681,  eff. 12-13-96; 90-144, eff. 7-23-97;
27    90-670, eff. 7-31-98.)

28        Section 40.  The Illinois State Auditing Act  is  amended
29    by changing Section 3-1 as follows:

30        (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
31        Sec.  3-1.  Jurisdiction  of Auditor General. The Auditor
32    General has jurisdiction over all State agencies to make post
 
HB1284 Enrolled             -48-               LRB9103965PTpk
 1    audits and investigations authorized by or under this Act  or
 2    the Constitution.
 3        The   Auditor   General   has   jurisdiction  over  local
 4    government agencies and private agencies only:
 5             (a)  to make such post audits authorized by or under
 6        this Act as are necessary and incidental to a post  audit
 7        of a State agency or of a program administered by a State
 8        agency  involving  public  funds  of  the State, but this
 9        jurisdiction does not include  any  authority  to  review
10        local  governmental  agencies in the obligation, receipt,
11        expenditure or use of public funds of the State that  are
12        granted  without  limitation or condition imposed by law,
13        other than the general limitation that such funds be used
14        for public purposes;
15             (b)  to make investigations authorized by  or  under
16        this Act or the Constitution; and
17             (c)  to   make   audits  of  the  records  of  local
18        government   agencies   to   verify   actual   costs   of
19        state-mandated programs when directed to  do  so  by  the
20        Legislative  Audit Commission at the request of the State
21        Board of Appeals under the State Mandates Act.
22        In addition to the foregoing,  the  Auditor  General  may
23    conduct  an  audit  of  the  Metropolitan Pier and Exposition
24    Authority,  the  Regional   Transportation   Authority,   the
25    Suburban  Bus  Division,  the  Commuter Rail Division and the
26    Chicago Transit Authority and any  other  subsidized  carrier
27    when  authorized  by  the Legislative Audit Commission.  Such
28    audit may be a financial, management or program audit, or any
29    combination thereof.
30        The audit shall determine whether they are  operating  in
31    accordance  with all applicable laws and regulations. Subject
32    to  the  limitations  of  this  Act,  the  Legislative  Audit
33    Commission   may    by    resolution    specify    additional
34    determinations to be included in the scope of the audit.
 
HB1284 Enrolled             -49-               LRB9103965PTpk
 1        In  addition  to  the foregoing, the Auditor General must
 2    also  conduct  a  financial  audit  of  the  Illinois  Sports
 3    Facilities  Authority's  expenditures  of  public  funds   in
 4    connection  with  the reconstruction, renovation, remodeling,
 5    extension, or improvement of all or substantially all of  any
 6    existing  "facility", as that term is defined in the Illinois
 7    Sports Facilities Authority Act.
 8        The Auditor General  may  also  conduct  an  audit,  when
 9    authorized  by  the  Legislative  Audit  Commission,  of  any
10    hospital  which  receives  10%  or more of its gross revenues
11    from payments from  the  State  of  Illinois,  Department  of
12    Public Aid, Medical Assistance Program.
13        The  Auditor  General  is authorized to conduct financial
14    and compliance  audits  of  the  Illinois  Distance  Learning
15    Foundation and the Illinois Conservation Foundation.
16        As  soon  as  practical  after the effective date of this
17    amendatory Act of 1995, the Auditor General shall  conduct  a
18    compliance  and  management  audit of the City of Chicago and
19    any other entity with regard  to  the  operation  of  Chicago
20    O'Hare  International  Airport,  Chicago  Midway  Airport and
21    Merrill C. Meigs Field. The audit shall include, but  not  be
22    limited   to,  an  examination  of  revenues,  expenses,  and
23    transfers of funds; purchasing and contracting  policies  and
24    practices;   staffing   levels;   and  hiring  practices  and
25    procedures.  When  completed,  the  audit  required  by  this
26    paragraph shall be distributed  in  accordance  with  Section
27    3-14.
28        The   Auditor  General  shall  conduct  a  financial  and
29    compliance  and  program  audit  of  distributions  from  the
30    Municipal Economic Development Fund  during  the  immediately
31    preceding  calendar  year  pursuant to Section 8-403.1 of the
32    Public Utilities Act at no cost  to  the  city,  village,  or
33    incorporated town that received the distributions.
34        The  Auditor  General must conduct an audit of the Health
 
HB1284 Enrolled             -50-               LRB9103965PTpk
 1    Facilities Planning Board pursuant to  Section  19.5  of  the
 2    Illinois Health Facilities Planning Act.
 3    (Source: P.A. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00.)

 4        Section  99.  Effective  date.   This Act takes effect on
 5    June 1, 2001.

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