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91_HB1284sam002
LRB9103965DJdvam03
1 AMENDMENT TO HOUSE BILL 1284
2 AMENDMENT NO. . Amend House Bill 1284 by replacing
3 the title with the following:
4 "AN ACT in relation to sports facilities."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Illinois Sports Facilities Authority Act
8 is amended by changing Sections 1, 2, 3, 8, 9, 10, 11, 13,
9 15, 16, 17, 19, and 20 and adding Section 7.8 as follows:
10 (70 ILCS 3205/1) (from Ch. 85, par. 6001)
11 Sec. 1. Short title. This Act shall be known and may be
12 cited as the "Illinois Sports Facilities Authority Act".
13 (Source: P.A. 84-1470.)
14 (70 ILCS 3205/2) (from Ch. 85, par. 6002)
15 Sec. 2. Definitions; general provisions. In this Act the
16 following words have the meanings indicated:
17 (A) "Authority" means the Illinois Sports Facilities
18 Authority.
19 (B) "Facility" means:
20 (1) Stadiums, arenas or other structures for the
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1 holding of athletic contests and other or events and
2 gatherings, including, without limitation, baseball,
3 football and automobile racing; musical, dramatic and
4 other artistic, cultural or social events; public
5 meetings; and other public events; and
6 (2) Practice fields, or other areas where
7 professional sports teams and other sports teams may
8 practice or perform.
9 (3) "Facility" also means the following types of
10 property if that property is directly related to or
11 located near an item listed in paragraphs (1) and through
12 (2) of subsection (B) of this Section:
13 (i) Offices, parking lots and garages, access
14 roads, streets, intersections, highway interchanges,
15 pedestrian walkways, tunnels, and bridges,
16 transportation facilities, monuments, restaurants,
17 and stores, and other facilities providing goods and
18 services to persons attending meetings, contests,
19 gatherings or events at the facility;
20 (ii) Other recreation areas and recreational
21 facilities; and
22 (iii) Other property or structures including
23 all fixtures, furnishings, and appurtenances
24 normally associated with such facilities; and
25 (iv) Landscaping, parks, and open spaces.
26 (C) "Governmental Owner" means a body politic, public
27 corporation, political subdivision, unit of local government,
28 or municipality formed under the laws of the State of
29 Illinois, including, without limitation, the Chicago Park
30 District, that owns or is to own a facility located within
31 the corporate limits of the Authority described in Section 11
32 of this Act and to which the Authority provides financial
33 assistance. Where the title to all or any part of a facility
34 is held by a public building commission because the public
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1 building commission has financed, under the authority of the
2 Public Building Commission Act, the acquisition of real
3 estate or the construction, acquisition, or enlargement of
4 improvements to real estate, or both, for any body politic,
5 public corporation, political subdivision, unit of local
6 government, or municipality formed under the laws of the
7 State of Illinois, the term "governmental owner" when used
8 with respect to that facility means the body politic, public
9 corporation, political subdivision, unit of local government,
10 or municipality rather than the public building commission.
11 (D) "Management Agreement" means a legally binding
12 contract between the Authority and a tenant of a the facility
13 owned by the Authority, which contains at least the following
14 provisions:
15 (1) a provision requiring the tenant to conduct its
16 complete regular home season schedule and any home
17 playoff events in the facility;
18 (2) a provision requiring the tenant to provide
19 routine maintenance of and to operate the facility with
20 its personnel or contractors;
21 (3) a provision requiring the tenant to advertise
22 and promote events it conducts at the facility;
23 (4) a provision requiring the tenant to operate or
24 contract for concessions for the patrons of the facility,
25 including a stadium club and restaurant where food and
26 beverages will be served; and
27 (5) a provision permitting the Authority or its
28 designee, to hold other events in any such facility owned
29 by the Authority at such times as shall not unreasonably
30 interfere with the use of that facility by the tenant
31 thereof by the tenant.
32 (E) "Assistance Agreement" means one or more legally
33 binding contracts, with respect to a facility for which the
34 Authority is to provide financial assistance as provided in
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1 this Act, to which the Authority and a governmental owner of
2 a facility or its tenant, or both, and any other appropriate
3 persons are parties, which may be in the form of an
4 intergovernmental agreement.
5 (F) "Financial Assistance" means the use by the
6 Authority, pursuant to an assistance agreement, of its powers
7 under this Act, including, without limitation, the power to
8 borrow money, to issue bonds and notes, to impose an
9 occupation tax as provided in Section 19 of this Act and to
10 receive and expend the proceeds of that tax, to assist a
11 governmental owner or its tenant, or both, with one or more
12 of the following: designing, developing, establishing,
13 constructing, erecting, acquiring, repairing, reconstructing,
14 renovating, remodeling, adding to, extending, improving,
15 equipping, operating, and maintaining a facility owned or to
16 be owned by the governmental owner.
17 (G) "Tenant" means any person with which a governmental
18 owner or the Authority has entered into an agreement for the
19 use by a professional sports team or other sports team of any
20 facility. Such an agreement may be a management agreement or
21 an assistance agreement or may be a lease of or a license,
22 permit, or similar agreement with respect to the use of a
23 facility by such team for such period as shall be agreed upon
24 by the person and the governmental owner or the Authority, as
25 the case may be.
26 (Source: P.A. 85-1034.)
27 (70 ILCS 3205/3) (from Ch. 85, par. 6003)
28 Sec. 3. Legislative Finding and Declaration. It is
29 hereby found that as a result of deteriorating infrastructure
30 and sports facilities in the metropolitan area of Chicago,
31 there is a shortage of sports facilities suitable for use by
32 professional and other sports teams and other musical,
33 theatrical, cultural, and other social organizations.
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1 It is further found that as a result of the costs to
2 maintain, repair or replace such infrastructure and
3 facilities, and as a result of current high financing costs,
4 the private sector, without the assistance contemplated in
5 this Act, is unable to construct feasibly adequate sports
6 facilities.
7 It is further found that the creation of modern sports
8 facilities and the other results contemplated by this Act
9 would stimulate economic activity in the State of Illinois,
10 including the creation and maintenance of jobs, the creation
11 of new and lasting infrastructure and other improvements, and
12 the attraction and retention of sports and entertainment
13 events which generate economic activity.
14 It is further found that professional sports facilities
15 can be magnets for substantial interstate tourism resulting
16 in increased retail sales, hotel and restaurant sales, and
17 entertainment industry sales, all of which increase jobs and
18 economic growth.
19 It is further found that only three major league
20 professional baseball franchises play in stadium facilities
21 the construction of which has not been government-assisted
22 and of those three the most recently constructed facility was
23 completed in 1914.
24 It is further found that government assistance was or is
25 an essential component in the financing of the construction
26 of most recently built or planned National Football League
27 stadiums.
28 It is further found that the exercise by the Authority
29 and governmental owners of the additional powers conferred by
30 this amendatory Act of the 91st General Assembly (i) will
31 materially assist the development and redevelopment of
32 government owned sports facilities and thereby alleviate in
33 part the deleterious conditions and confer the public
34 benefits described in this Section and (ii) is in the public
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1 interest and is declared to be for public purposes.
2 (Source: P.A. 85-8.)
3 (70 ILCS 3205/7.8 new)
4 Sec. 7.8. Illinois Sports Facilities Authority Advisory
5 Board.
6 (a) There is created the Illinois Sports Facilities
7 Authority Advisory Board composed of 12 members who are
8 members of the General Assembly and who are appointed 3 each
9 by the President of the Senate, the Minority Leader of the
10 Senate, the Speaker of the House of Representatives, and the
11 Minority Leader of the House of Representatives.
12 (b) Members of the Advisory Board shall serve as long as
13 they hold their designated elected positions. Vacancies
14 shall be filled by appointment for the unexpired term in the
15 same manner as original appointments are made. The Advisory
16 Board shall elect its own chairperson.
17 (c) Members of the Advisory Board shall serve without
18 compensation but, at the Authority's discretion, shall be
19 reimbursed for necessary expenses in connection with the
20 performance of their duties.
21 (d) The Advisory Board shall meet quarterly, or as
22 needed, shall produce any reports it deems necessary, and
23 shall do the following:
24 (1) Work with the Authority and the Chicago Park
25 District regarding potential means for providing
26 increased economic opportunities to minorities and women
27 produced indirectly or directly from the reconstruction,
28 renovation, remodeling, extension, or improvement of a
29 facility in connection with which the Authority is
30 providing financial assistance pursuant to an assistance
31 agreement under this Act.
32 (2) Work with the Authority and the Chicago Park
33 District to find candidates for building trades
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1 apprenticeships, for employment in the hospitality
2 industry, and to identify job training programs.
3 (3) Work with the Authority and the Chicago Park
4 District to implement this Section in the reconstruction,
5 renovation, remodeling, extension, or improvement of a
6 facility in connection with which the Authority is
7 providing financial assistance pursuant to an assistance
8 agreement under this Act, including the Authority's goal
9 of awarding not less than 25% and 5% of the annual dollar
10 value of contracts to minority and female owned
11 businesses, the outreach program for minorities and
12 women, and the mentor/protege program for providing
13 assistance to minority and female owned businesses.
14 (e) Notwithstanding the provisions of subsection (b),
15 the Advisory Board is dissolved (i) on January 1, 2004 or
16 (ii) 6 months after 90 days after the first professional
17 football game is played in the facility in connection with
18 which the Authority provided financial assistance pursuant to
19 an assistance agreement under this Act, whichever is later.
20 (70 ILCS 3205/8) (from Ch. 85, par. 6008)
21 Sec. 8. Powers. In addition to the powers set forth
22 elsewhere in this Act, the Authority may:
23 (1) Adopt and alter an official seal;
24 (2) Sue and be sued, plead and be impleaded, all in
25 its own name, and agree to binding arbitration of any
26 dispute to which it is a party;
27 (3) Adopt bylaws, rules, and regulations to carry
28 out the provisions of this Section;
29 (4) Maintain an office or offices at such place as
30 the Authority may designate;
31 (5) Employ, either as regular employees or
32 independent contractors, consultants, engineers,
33 architects, accountants, attorneys, financial experts,
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1 construction experts and personnel, superintendents,
2 managers and other professional personnel, and such other
3 personnel as may be necessary in the judgment of the
4 Authority, and fix their compensation;
5 (6) Determine the locations of, develop, design,
6 establish, construct, erect, acquire, own, repair,
7 reconstruct, renovate, remodel, add to, extend, improve,
8 equip, operate, regulate and maintain facilities, and
9 provide financial assistance to governmental owners or
10 their tenants, or both, pursuant to an assistance
11 agreement to do the foregoing, in each case to the extent
12 necessary to accomplish the purposes of the Authority;
13 (7) Acquire, hold, lease as lessor or as lessee,
14 use, encumber, transfer, or dispose of real and personal
15 property, including the alteration of or demolition of
16 improvements to real estate;
17 (8) Enter into contracts of any kind;
18 (9) Regulate the use and operation of facilities
19 that are developed under the provisions of this Act;
20 (10) Enter into one or more management agreements
21 which conform to the requirements of this Act and which
22 may contain such provisions as the Authority shall
23 determine, including, without limitation limit, (i)
24 provisions allocating receipts from rents, rates, fees
25 and charges for use of the facility or for services
26 rendered in connection with the facility between the
27 Authority and the tenant of the facility; (ii) provisions
28 providing for or limiting payments to the Authority for
29 use of the facility based on levels of attendance or
30 and/or receipts, or both attendance and receipts, of the
31 tenant from admission charges, parking concessions,
32 advertising, radio and television and other sources;
33 (iii) provisions obligating the Authority to make
34 payments to the tenant with respect to expenses of
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1 routine maintenance and operation of any facility and
2 operating expenses of the tenant with respect to use of
3 the facility; (iv) provisions requiring the Authority to
4 pay liquidated damages to the tenant for failure of
5 timely completion of construction of any new facility;
6 (v) provisions permitting the Authority to grant
7 rent-free occupancy of an existing facility pending
8 completion of construction of any new facility and
9 requiring the Authority to pay certain incremental costs
10 of maintenance, repair, replacement and operation of an
11 existing facility in the event of failure of timely
12 completion of construction of any new facility; (vi)
13 provisions requiring the Authority to reimburse the
14 tenant for certain State and local taxes and provisions
15 permitting reductions of payments due the Authority by
16 the tenant or reimbursement of the tenant by the
17 Authority in the event of imposition of certain new State
18 and local taxes, or, and/or the increase above specified
19 levels of certain existing State and local taxes, or
20 both; (vii) provisions obligating the Authority to
21 purchase tickets to events conducted by the tenant based
22 upon specified attendance levels; (viii) provisions
23 granting the tenant the right and option to extend the
24 term of the management agreement; (ix) provisions
25 creating an assignment and pledge by the Authority of
26 certain of the Authority's revenues and receipts to be
27 received under Section 19 of this Act for the benefit of
28 the tenant of the facility as further security for
29 performance by the Authority of its obligations under the
30 management agreement; and (x) provisions requiring the
31 establishment of reserves by the Authority or by the
32 tenant, or both, as further security for the performance
33 of their respective obligations under the management
34 agreement;
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1 (11) Enter into one or more assistance agreements
2 that conform to the requirements of this Act and that may
3 contain such provisions as the Authority shall determine
4 establishing the rights and obligations of the Authority
5 and the governmental owner or a tenant, or both, with
6 respect to the facility for which the Authority is to
7 provide financial assistance including, without
8 limitation, such provisions as are described in paragraph
9 (10) of this Section;
10 (12) Borrow money from any source for any corporate
11 purpose, including working capital for its operations,
12 reserve funds, or interest, and to mortgage, pledge or
13 otherwise encumber the property or funds of the Authority
14 and to contract with or engage the services of any person
15 in connection with any financing, including financial
16 institutions, issuers of letters of credit, or insurers
17 and enter into reimbursement agreements with this person
18 which may be secured as if money were borrowed from the
19 person;
20 (13) (12) Issue bonds or notes under Section 13 of
21 this Act;
22 (14) (13) Receive and accept from any source,
23 private or public, contributions, gifts, or grants of
24 money or property;
25 (15) (14) Make loans from proceeds or funds
26 otherwise available to the extent necessary or
27 appropriate to accomplish the purposes of the Authority;
28 (16) (15) Provide for the insurance of any
29 property, operations, officers, agents or employees of
30 the Authority against any risk or hazard and to provide
31 for the indemnification of its members, employees,
32 contractors or agents against any and all risks;
33 (17) (16) Provide relocation assistance and
34 compensation for landowners and their lessees tenants
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1 displaced by any land acquisition of the Authority,
2 including the acquisition of land and construction of
3 replacement housing thereon as the Authority shall
4 determine;
5 (18) Sell, convey, lease, or grant a permit or
6 license with respect to, or by agreement authorize
7 another person on its behalf to sell, convey, lease, or
8 grant a permit or license with respect to (A) the right
9 to use or the right to purchase tickets to use, or any
10 other interest in, any seat or area within a facility,
11 (B) the right to name or place advertising in all or any
12 part of a facility, or (C) any intangible personal
13 property rights, including intellectual property rights,
14 appurtenant to any facility, the proceeds of which are
15 used for the purpose of carrying out the powers granted
16 by the Act;
17 (19) Adopt such rules as are necessary to carry out
18 those powers conferred and perform those duties required
19 by this Act;
20 (20) (17) Exercise all the corporate powers granted
21 Illinois corporations under the Business Corporation Act
22 of 1983, except to the extent that powers are
23 inconsistent with those of a body politic and corporate
24 of the State; and
25 (21) (18) Do all things necessary or convenient to
26 carry out the powers granted by this Act.
27 The Authority may not construct or enter into a contract
28 to construct more than one new stadium facility and may not
29 enter into assistance agreements providing for the
30 reconstruction, renovation, remodeling, extension, or
31 improvement of all or substantially all of more than one
32 existing facility unless authorized by law.
33 The Authority may adopt such rules pursuant to the
34 Illinois Administrative Procedure Act as are necessary to
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1 carry out those powers and duties conferred by this Act. The
2 Authority may initially adopt, by January 1, 1989, such rules
3 as emergency rules in accordance with the provisions of
4 Section 5-45 of the Illinois Administrative Procedure Act.
5 For purposes of the Illinois Administrative Procedure Act,
6 the adoption of the initial rules shall be deemed to be an
7 emergency and necessary for the public interest, safety and
8 welfare.
9 (Source: P.A. 88-45.)
10 (70 ILCS 3205/9) (from Ch. 85, par. 6009)
11 Sec. 9. Duties. In addition to the powers set forth
12 elsewhere in this Act, subject to the terms of any agreements
13 with the holders of the Authority's bonds or notes, the
14 Authority shall:
15 (1) Comply with all zoning, building, and land use
16 controls of the municipality within which is located it
17 owns any stadium facility owned by the Authority or for
18 which the Authority provides financial assistance.;
19 (2) With respect to a facility owned or to be owned
20 by the Authority, enter or have entered into a management
21 agreement with a tenant of the Authority to operate the
22 facility that requires the tenant to operate the facility
23 for a period at least as long as the term of any bonds
24 issued to finance the development, establishment,
25 construction, erection, acquisition, repair,
26 reconstruction, remodeling, adding to, extension,
27 improvement, equipping, operation, and maintenance
28 construction of the facility. Such agreement shall
29 contain appropriate and reasonable provisions with
30 respect to termination, default and legal remedies.;
31 (3) With respect to a facility owned or to be owned
32 by a governmental owner other than the Authority, enter
33 into an assistance agreement with either a governmental
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1 owner of a facility or its tenant, or both, that requires
2 the tenant, or if the tenant is not a party to the
3 assistance agreement requires the governmental owner to
4 enter into an agreement with the tenant that requires the
5 tenant to use the facility for a period at least as long
6 as the term of any bonds issued to finance the
7 reconstruction, renovation, remodeling, extension or
8 improvement of all or substantially all of the facility.
9 (4) (3) Create and maintain a separate financial
10 reserve for repair and replacement of capital assets of
11 any facility owned by the Authority or for which the
12 Authority provides financial assistance and deposit into
13 this reserve not less than $1,000,000 per year for each
14 such facility beginning at such time as the Authority and
15 the tenant, or the Authority and a governmental owner of
16 a facility, as applicable, shall agree.;
17 (4) Acquire a site or sites for a facility
18 reasonably accessible to the interested public and
19 capable of providing adequate spaces for automobile
20 parking;
21 (5) In connection with prequalification of general
22 contractors for the construction of a new stadium
23 facility or the reconstruction, renovation, remodeling,
24 extension, or improvement of all or substantially all of
25 an existing construction of the new stadium facility, the
26 Authority shall require submission of a commitment
27 detailing how the general contractor will expend 25% or
28 more of the dollar value of the general contract with one
29 or more minority business enterprises and 5% or more of
30 the dollar value with one or more female business
31 enterprises. This commitment may be met by contractor's
32 status as a minority business enterprise or female
33 business enterprise, by a joint venture or by
34 subcontracting a portion of the work with or by
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1 purchasing materials for the work from one or more such
2 enterprises, or by any combination thereof. Any contract
3 with the general contractor for construction of the new
4 stadium facility and any contract for the reconstruction,
5 renovation, remodeling, adding to, extension or
6 improvement of all or substantially all of an existing
7 facility shall require the general contractor to meet the
8 foregoing obligations and shall require monthly reporting
9 to the Authority with respect to the status of the
10 implementation of the contractor's affirmative action
11 plan and compliance with that plan. This report shall be
12 filed with the General Assembly. The Authority shall
13 establish and maintain an affirmative action program
14 designed to promote equal employment opportunity which
15 specifies the goals and methods for increasing
16 participation by minorities and women in a representative
17 mix of job classifications required to perform the
18 respective contracts. The Authority shall file a report
19 before March 1 of each year with the General Assembly
20 detailing its implementation of this paragraph. The
21 terms "minority business enterprise" and "female business
22 enterprise" shall have the same meanings as "minority
23 owned business" and "female owned business",
24 respectively, as defined provided in the Minority and
25 Female Business Enterprise for Minorities, Females, and
26 Persons with Disabilities Act.;
27 (6) Provide for the construction of any new
28 facility pursuant to one or more contracts which require
29 delivery of a completed facility at a fixed maximum price
30 to be insured or guaranteed by a third party determined
31 by the Authority to be financially capable of causing
32 completion of such construction of the new facility
33 construction of such a facility.
34 In connection with any assistance agreement with a
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1 governmental owner that provides financial assistance for a
2 facility to be used by a National Football League team, the
3 assistance agreement shall provide that the Authority or its
4 agent shall enter into the contract or contracts for the
5 design and construction services or design/build services for
6 such facility and thereafter transfer its rights and
7 obligations under the contract or contracts to the
8 governmental owner of the facility. In seeking parties to
9 provide design and construction services or design/build
10 services with respect to such facility, the Authority may use
11 such procurement procedures as it may determine, including,
12 without limitation, the selection of design professionals and
13 construction managers or design/builders as may be required
14 by a team that is at risk, in whole or in part, for the cost
15 of design and construction of the facility.
16 An assistance agreement may not provide, directly or
17 indirectly, for the payment to the Chicago Park District of
18 more than a total of $10,000,000 on account of the District's
19 loss of property or revenue in connection with the renovation
20 of a facility pursuant to the assistance agreement.
21 (Source: P.A. 85-1034; revised 8-23-99.)
22 (70 ILCS 3205/10) (from Ch. 85, par. 6010)
23 Sec. 10. Reporting.
24 (1) Promptly following entering into a management
25 agreement or an assistance agreement and a construction
26 contract involving a new facility or facility site, the
27 Authority shall submit a detailed written report and findings
28 of the Authority with respect to the proposed management
29 agreement or assistance agreement contract to the General
30 Assembly.
31 (2) The report and findings of the Authority shall
32 include:
33 (i) (I) A detailed plan of the method of funding
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1 the management agreement or assistance agreement
2 contract;
3 (ii) (II) An evaluation of the economic
4 consequences of the proposed management agreement or
5 assistance agreement contract; and
6 (iii) (III) If applicable, an analysis of the
7 reasons for acquiring a site for constructing a new
8 facility.
9 (Source: P.A. 85-1034.)
10 (70 ILCS 3205/11) (from Ch. 85, par. 6011)
11 Sec. 11. Territory. The corporate limits of territory
12 within which the Authority may construct facilities shall be
13 coterminous with the boundaries of the City of Chicago.
14 Facilities constructed by the Authority or for which the
15 Authority provides financial assistance may be located only
16 within the corporate limits of the Authority. The territory
17 of the Authority shall be coterminous with the boundaries of
18 the City of Chicago.
19 (Source: P.A. 85-8.)
20 (70 ILCS 3205/13) (from Ch. 85, par. 6013)
21 Sec. 13. Bonds and notes.
22 (A) (1) The Authority may at any time and from time to
23 time issue bonds and notes for any corporate purpose,
24 including the establishment of reserves and the payment of
25 interest and costs of issuance. In this Act the term "bonds"
26 includes notes of any kind, interim certificates, refunding
27 bonds, or any other evidence of obligation for borrowed money
28 issued under this Section 13. Bonds may be issued in one or
29 more series and may be payable and secured either on a parity
30 with or separately from other bonds.
31 (2) The bonds of any issue shall be payable solely from
32 all or any part of the property or revenues of the Authority,
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1 including, without limitation:
2 (i) (I) Rents, rates, fees, charges or other
3 revenues payable to or any receipts of the Authority,
4 including amounts which are deposited pursuant to the Act
5 with a trustee for bondholders;
6 (ii) (II) Payments by financial institutions,
7 insurance companies, or others pursuant to letters or
8 lines of credit, policies of insurance, or purchase
9 agreements;
10 (iii) (III) Investment earnings from funds or
11 accounts maintained pursuant to a bond resolution or
12 trust agreement; and
13 (iv) (IV) Proceeds of refunding bonds.
14 (3) Bonds may be authorized by a resolution of the
15 Authority and may be secured by a trust agreement by and
16 between the Authority and a corporate trustee or trustees,
17 which may be any trust company or bank having the powers of a
18 trust company within or without the State. Bonds may:
19 (i) (I) Mature at a time or times, whether as
20 serial bonds or as term bonds or both, not exceeding 40
21 years from their respective dates of issue;
22 (ii) (II) Notwithstanding the provision of "An Act
23 to authorize public corporations to issue bonds, other
24 evidences of indebtedness and tax anticipation warrants
25 subject to interest rate limitations set forth therein",
26 approved May 26, 1970, as now or hereafter amended, or
27 any other provision of law, bear interest at any fixed or
28 variable rate or rates determined by the method provided
29 in the resolution or trust agreement;
30 (iii) (III) Be payable at a time or times, in the
31 denominations and form, either coupon or registered or
32 both, and carry the registration and privileges as to
33 exchange, transfer or conversion and for the replacement
34 of mutilated, lost, or destroyed bonds as the resolution
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1 or trust agreement may provide;
2 (iv) (IV) Be payable in lawful money of the United
3 States at a designated place;
4 (v) (V) Be subject to the terms of purchase,
5 payment, redemption, refunding or refinancing that the
6 resolution or trust agreement provides;
7 (vi) (VI) Be executed by the manual or facsimile
8 signatures of the officers of the Authority designated by
9 the Authority which signatures shall be valid at delivery
10 even for one who has ceased to hold office; and
11 (vii) (VII) Be sold in the manner and upon the
12 terms determined by the Authority.
13 (B) Any resolution or trust agreement may contain
14 provisions which shall be a part of the contract with the
15 holders of the bonds as to:
16 (1) Pledging, assigning or directing the use,
17 investment, or disposition of all or any part of the revenues
18 of the Authority or proceeds or benefits of any contract
19 including, without limit, any management agreement or
20 assistance agreement and conveying or otherwise securing any
21 property or property rights;
22 (2) The setting aside of loan funding deposits, debt
23 service reserves, capitalized interest accounts, replacement
24 or operating reserves, cost of issuance accounts and sinking
25 funds, and the regulation, investment, and disposition
26 thereof;
27 (3) Limitations on the purposes to which or the
28 investments in which the proceeds of sale of any issue of
29 bonds or the Authority's revenues and receipts may be applied
30 or made;
31 (4) Limitations on the issue of additional bonds, the
32 terms upon which additional bonds may be issued and secured,
33 the terms upon which additional bonds may rank on a parity
34 with, or be subordinate or superior to, other bonds;
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1 (5) The refunding, advance refunding or refinancing of
2 outstanding bonds;
3 (6) The procedure, if any, by which the terms of any
4 contract with bondholders may be altered or amended and the
5 amount of bonds and holders of which must consent thereto,
6 and the manner in which consent shall be given;
7 (7) Defining the acts or omissions which shall
8 constitute a default in the duties of the Authority to
9 holders of bonds and providing the rights or remedies of such
10 holders in the event of a default which may include
11 provisions restricting individual right of action by
12 bondholders;
13 (8) Providing for guarantees, pledges of property,
14 letters of credit, or other security, or insurance for the
15 benefit of bondholders; and
16 (9) Any other matter relating to the bonds which the
17 Authority determines appropriate.
18 (C) No member of the Authority nor any person executing
19 the bonds shall be liable personally on the bonds or subject
20 to any personal liability by reason of the issuance of the
21 bonds.
22 (D) The Authority may enter into agreements with agents,
23 banks, insurers, or others for the purpose of enhancing the
24 marketability of or security for its bonds.
25 (E) (1) A pledge by the Authority of revenues and
26 receipts as security for an issue of bonds or for the
27 performance of its obligations under any management agreement
28 or assistance agreement shall be valid and binding from the
29 time when the pledge is made.
30 (2) The revenues and receipts pledged shall immediately
31 be subject to the lien of the pledge without any physical
32 delivery or further act, and the lien of any pledge shall be
33 valid and binding against any person having any claim of any
34 kind in tort, contract or otherwise against the Authority,
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1 irrespective of whether the person has notice.
2 (3) No resolution, trust agreement, management agreement
3 or assistance agreement or any financing statement,
4 continuation statement, or other instrument adopted or
5 entered into by the Authority need be filed or recorded in
6 any public record other than the records of the Authority in
7 order to perfect the lien against third persons, regardless
8 of any contrary provision of law.
9 (F) The Authority may issue bonds to refund, advance
10 refund or refinance any of its bonds then outstanding,
11 including the payment of any redemption premium and any
12 interest accrued or to accrue to the earliest or any
13 subsequent date of redemption, purchase or maturity of the
14 bonds. Refunding or advance refunding bonds may be issued
15 for the public purposes of realizing savings in the effective
16 costs of debt service, directly or through a debt
17 restructuring, for alleviating impending or actual default,
18 or for paying principal of, redemption premium, if any, and
19 interest on bonds as they mature or are subject to
20 redemption, and may be issued in one or more series in an
21 amount in excess of that of the bonds to be refunded.
22 (G) At no time shall the total outstanding bonds and
23 notes of the Authority issued under this Section 13 exceed
24 (i) $150,000,000 in connection with facilities owned by the
25 Authority and (ii) $399,000,000 in connection with facilities
26 owned by a governmental owner other than the Authority.
27 Bonds which are being paid or retired by issuance, sale or
28 delivery of bonds or notes, and bonds or notes for which
29 sufficient funds have been deposited with the paying agent or
30 trustee to provide for payment of principal and interest
31 thereon, and any redemption premium, as provided in the
32 authorizing resolution, shall not be considered outstanding
33 for the purposes of this paragraph.
34 (H) The bonds and notes of the Authority shall not be
-21- LRB9103965DJdvam03
1 indebtedness of the City of Chicago, of the State, or of any
2 political subdivision of the State other than the Authority.
3 The bonds and notes of the Authority are not general
4 obligations of the State of Illinois or the City of Chicago,
5 or of any other political subdivision of the State other than
6 the Authority, and are not secured by a pledge of the full
7 faith and credit of the State of Illinois or the City of
8 Chicago, or of any other political subdivision of the State
9 other than the Authority, and the holders of bonds and notes
10 of the Authority may not require the levy or imposition by
11 the State or the City of Chicago, or any other political
12 subdivision of the State other than the Authority, of any
13 taxes or, except as provided in this Act, the application of
14 revenues or funds of the State of Illinois or the City of
15 Chicago or any other political subdivision of the State other
16 than the Authority other State or City of Chicago revenues or
17 funds to the payment of bonds and notes of the Authority.
18 (I) In order to provide for the payment of debt service
19 requirements (including amounts for reserve funds and to pay
20 the costs of credit enhancements) on bonds issued pursuant to
21 this Act, the Authority may provide in any trust agreement
22 securing such bonds for a pledge and assignment of its right
23 to all amounts to be received from the Illinois Sports
24 Facilities Fund and for a pledge and assignment (subject to
25 the terms of any management agreement or assistance
26 agreement) of all taxes and other amounts to be received
27 under Section 19 of this Act and may further provide by
28 written notice to the State Treasurer and State Comptroller
29 (which notice shall constitute a direction to those officers)
30 for a direct payment of these amounts to the trustee for its
31 bondholders.
32 (J) The State of Illinois pledges to and agrees with the
33 holders of the bonds and notes of the Authority issued
34 pursuant to this Act that the State will not limit or alter
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1 the rights and powers vested in the Authority by this Act so
2 as to impair the terms of any contract made by the Authority
3 with such holders or in any way impair the rights and
4 remedies of such holders until such bonds and notes, together
5 with interest thereon, with interest on any unpaid
6 installments of interest, and all costs and expenses in
7 connection with any action or proceedings by or on behalf of
8 such holders, are fully met and discharged. In addition, the
9 State pledges to and agrees with the holders of the bonds and
10 notes of the Authority issued pursuant to this Act that the
11 State will not limit or alter the basis on which State funds
12 are to be allocated, deposited and paid to the Authority as
13 provided in this Act, or the use of such funds, so as to
14 impair the terms of any such contract. The Authority is
15 authorized to include these pledges and agreements of the
16 State in any contract with the holders of bonds or notes
17 issued pursuant to this Section.
18 (Source: P.A. 85-1034.)
19 (70 ILCS 3205/15) (from Ch. 85, par. 6015)
20 Sec. 15. Tax Exemption.
21 (A) Neither (a) the Authority nor any governmental owner
22 of a facility or that governmental owner's tenant shall not
23 be required to pay property taxes pursuant to the Property
24 Tax Code on any facility or other property it owns, nor shall
25 the interest of a tenant in any facility either owned by the
26 Authority or owned by any governmental owner to which the
27 Authority has provided financial assistance be subject to
28 property taxes taxation pursuant to the Property Tax Code.
29 (B) (b) Bonds issued by the Authority, their transfer,
30 the interest payable on them, and any income derived from
31 them shall be exempt from income taxes taxation under the
32 "Illinois Income Tax Act" or from taxation by any political
33 subdivisions, municipal corporations or public agencies of
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1 any kind of this State. For purposes of Section 250 of the
2 Illinois Income Tax Act, the exemption of the income from
3 bonds issued by the Authority shall terminate after all of
4 the bonds have been paid. The amount of such income that
5 shall be added and then subtracted on the Illinois income tax
6 return of a taxpayer, pursuant to Section 203 of the Illinois
7 Income Tax Act, from federal adjusted gross income or federal
8 taxable income in computing Illinois base income shall be the
9 interest net of any bond premium amortization.
10 (Source: P.A. 88-670, eff. 12-2-94; 89-460, eff. 5-24-96.)
11 (70 ILCS 3205/16) (from Ch. 85, par. 6016)
12 Sec. 16. Members or Employees of Authority; Conflicting
13 Relations or Interests; Effect. No members or employees of
14 the Authority shall be employed by, be an officer or director
15 of, or have any ownership interest in any corporation or
16 entity which is or is to be a party to a management agreement
17 or assistance agreement with the Authority under this Act or
18 which is a tenant of any facility for which financial
19 assistance is or is to be provided under this Act. No monies
20 of the Authority shall be deposited in any financial
21 institution in which any officer, director or holder of a
22 substantial proprietary interest is also a member or employee
23 of the Authority. No real estate to which a member or
24 employee of the Authority holds legal title or in which such
25 person had any beneficial interest, including any interest in
26 a land trust, shall be purchased by the Authority or by a
27 corporation or entity for a facility to be financed under
28 this Act. All members and employees of the Authority shall
29 file annually with the Authority a record of all real estate
30 in this State to which such person holds legal title or in
31 which such person has any beneficial interest, including any
32 interest in a land trust. In the event it is later disclosed
33 that the Authority has purchased real estate in which a
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1 member or employee had an interest, such purchase shall be
2 voidable by the Authority and the member or employee involved
3 shall be disqualified from membership in or employment by the
4 Authority.
5 (Source: P.A. 85-1034.)
6 (70 ILCS 3205/17) (from Ch. 85, par. 6017)
7 Sec. 17. Members or Employees of Authority - Conflicting
8 Relations or Interests - Effects.
9 (A) In addition to the prohibitions of Section 16 of
10 this Act, no member of the Authority or officer, agent or
11 employee thereof shall, in his or her own name or in the name
12 of a nominee, be an officer, director or hold an ownership
13 interest of more than 7 1/2% in any person, association,
14 trust, corporation, partnership or other entity which is, in
15 its own name or in the name of a nominee, a party to a
16 contract or agreement upon which the member or officer, agent
17 or employee may be called upon to act or vote.
18 (B) With respect to any direct or any indirect interest,
19 other than an interest prohibited in subsection (A) of this
20 Section or Section 16 of this Act, in a contract or agreement
21 upon which the member or officer, agent or employee may be
22 called upon to act or vote, a member of the Authority or
23 officer, agent or employee thereof shall disclose the same to
24 the secretary of the Authority prior to the taking of final
25 action by the Authority concerning such contract or agreement
26 and shall so disclose the nature and extent of such interest
27 and his or her acquisition thereof, which disclosures shall
28 be publicly acknowledged by the Authority and entered upon
29 the minutes of the Authority. If a member of the Authority
30 or officer, agent or employee thereof holds such an interest
31 then he or she shall refrain from any further official
32 involvement in regard to such contract or agreement, from
33 voting on any matter pertaining to such contract or
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1 agreement, and from communicating with other members of the
2 Authority or its officers, agents and employees concerning
3 said contract or agreement. Notwithstanding any other
4 provision of law, any contract or agreement entered into in
5 conformity with this subsection (B) shall not be void or
6 invalid by reason of the interest described in this
7 subsection, nor shall any person so disclosing the interest
8 and refraining from further official involvement as provided
9 in this subsection be guilty of an offense, be removed from
10 office or be subject to any other penalty on account of such
11 interest.
12 (C) Any contract or agreement made in violation of
13 subsections (A) or (B) of this Section shall be null and void
14 and give rise to no action against the Authority.
15 (Source: P.A. 85-1034.)
16 (70 ILCS 3205/19) (from Ch. 85, par. 6019)
17 Sec. 19. Tax. The Authority may impose an occupation tax
18 upon all persons engaged in the City of Chicago in the
19 business of renting, leasing or letting rooms in a hotel, as
20 defined in The Hotel Operators' Occupation Tax Act, at a rate
21 not to exceed 2% of the gross rental receipts from the
22 renting, leasing or letting of hotel rooms located within the
23 City of Chicago, excluding, however, from gross rental
24 receipts, the proceeds of such renting, leasing or letting to
25 permanent residents of that hotel and proceeds from the tax
26 imposed under subsection (c) of Section 13 of the
27 Metropolitan Pier and Exposition Authority Act.
28 The tax imposed by the Authority pursuant to this Section
29 and all civil penalties that may be assessed as an incident
30 thereof shall be collected and enforced by the State
31 Department of Revenue. The certificate of registration which
32 is issued by the Department to a lessor under The Hotel
33 Operators' Occupation Tax Act shall permit such registrant to
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1 engage in a business which is taxable under any ordinance or
2 resolution enacted pursuant to this Section without
3 registering separately with the Department under such
4 ordinance or resolution or under this Section. The
5 Department shall have full power to administer and enforce
6 this Section; to collect all taxes and penalties due
7 hereunder; to dispose of taxes and penalties so collected in
8 the manner provided in this Section, and to determine all
9 rights to credit memoranda, arising on account of the
10 erroneous payment of tax or penalty hereunder. In the
11 administration of, and compliance with, this Section, the
12 Department and persons who are subject to this Section shall
13 have the same rights, remedies, privileges, immunities,
14 powers and duties, and be subject to the same conditions,
15 restrictions, limitations, penalties and definitions of
16 terms, and employ the same modes of procedure, as are
17 prescribed in The Hotel Operators' Occupation Tax Act (except
18 where that Act is inconsistent herewith), as the same is now
19 or may hereafter be amended, as fully as if the provisions
20 contained in The Hotel Operators' Occupation Tax Act were set
21 forth herein.
22 Whenever the Department determines that a refund should
23 be made under this Section to a claimant instead of issuing a
24 credit memorandum, the Department shall notify the State
25 Comptroller, who shall cause the warrant to be drawn for the
26 amount specified, and to the person named, in such
27 notification from the Department. Such refund shall be paid
28 by the State Treasurer out of the amounts held by the State
29 Treasurer as trustee for the Authority.
30 Persons subject to any tax imposed pursuant to authority
31 granted by this Section may reimburse themselves for their
32 tax liability for such tax by separately stating such tax as
33 an additional charge, which charge may be stated in
34 combination, in a single amount, with State tax imposed under
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1 The Hotel Operators' Occupation Tax Act, the municipal tax
2 imposed under Section 8-3-13 of the Illinois Municipal Code,
3 and the tax imposed under Section 13 of the Metropolitan Pier
4 and Exposition Authority Act.
5 The Department shall forthwith pay over to the State
6 Treasurer, ex-officio, as trustee for the Authority, all
7 taxes and penalties collected hereunder for deposit in a
8 trust fund outside the State Treasury. On or before the 25th
9 day of each calendar month, the Department shall certify to
10 the Comptroller the amount to be paid to or on behalf of the
11 Authority from amounts collected hereunder by the Department,
12 and deposited into such trust fund during the second
13 preceding calendar month. The amount to be paid to or on
14 behalf of the Authority shall be the amount (not including
15 credit memoranda) collected hereunder during such second
16 preceding calendar month by the Department, less an amount
17 equal to the amount of refunds authorized during such second
18 preceding calendar month by the Department on behalf of the
19 Authority, and less 4% of such balance, which sum shall be
20 retained by the State Treasurer to cover the costs incurred
21 by the Department in administering and enforcing the
22 provisions of this Section, as provided herein. Each such
23 monthly certification by the Department shall also certify to
24 the Comptroller the amount to be so retained by the State
25 Treasurer for payment into the General Revenue Fund of the
26 State Treasury.
27 Each monthly certification by the Department shall
28 certify, of the amount paid to or on behalf of the Authority,
29 (i) the portion to be paid to the Authority, and (ii) the
30 portion to be paid into the General Revenue Fund of the State
31 Treasury on behalf of the Authority as repayment of amounts
32 advanced advances to the Authority pursuant to appropriation
33 from the Illinois Sports Facilities Fund.
34 With respect to each State fiscal year, of the total
-28- LRB9103965DJdvam03
1 amount to be paid to or on behalf of the Authority, the
2 Department shall certify that payments shall first be made
3 directly to the Authority in an amount equal to any
4 difference between the annual amount certified by the
5 Chairman of the Authority pursuant to Section 8.25-4 of the
6 State Finance Act and the amount appropriated to the
7 Authority from the Illinois Sports Facilities Fund. Next,
8 the Department shall certify that payment shall be made into
9 the General Revenue Fund of the State Treasury in an amount
10 equal to the difference between (i) the lesser of (x) the
11 amount appropriated from the Illinois Sports Facilities Fund
12 to the Authority and (y) the annual amount certified by the
13 Chairman of the Authority pursuant to Section 8.25-4 of the
14 State Finance Act and (ii) $10,000,000. The Department shall
15 certify that all additional amounts shall be paid to the
16 Authority and used for its corporate purposes.
17 Within 10 days after receipt, by the Comptroller, of the
18 Department's monthly certification of amounts to be paid to
19 or on behalf of the Authority and amounts to be paid into the
20 General Revenue Fund, the Comptroller shall cause the
21 warrants to be drawn for the respective amounts in accordance
22 with the directions contained in such certification.
23 Amounts collected by the Department and paid to the
24 Authority pursuant to this Section shall be used for the
25 corporate purposes of the Authority. On June 15, 1992 and on
26 each June 15 thereafter, the Authority shall repay to the
27 State Treasurer all amounts paid to it under this Section and
28 otherwise remaining available to the Authority after
29 providing for (i) payment of principal and interest on, and
30 other payments related to, its obligations issued or to be
31 issued under Section 13 of the Act, including any deposits
32 required to reserve funds created under any indenture or
33 resolution authorizing issuance of the obligations and
34 payments to providers of credit enhancement, (ii) payment of
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1 obligations under the provisions of any management agreement
2 with respect to a facility or facilities owned by the
3 Authority or of any assistance agreement with respect to any
4 facility for which financial assistance is provided under
5 this Act, and payment of other capital and operating expenses
6 of the Authority, including any deposits required to reserve
7 funds created for repair and replacement of capital assets
8 and to meet the obligations of the Authority under any
9 management agreement or assistance agreement. Amounts repaid
10 by the Authority to the State Treasurer hereunder shall be
11 treated as repayment of amounts deposited into the Illinois
12 Sports Facilities Fund and credited to the Subsidy Account
13 and used for the corporate purposes of the Authority. The
14 State Treasurer shall deposit the lesser of $5,000,000 or
15 one-half of the amount received into the General Revenue
16 Fund; thereafter, at the beginning of each fiscal year the
17 State Treasurer shall certify to the State Comptroller for
18 all prior fiscal years the cumulative amount of any
19 deficiencies in repayments to the City of Chicago of amounts
20 in the Local Government Distributive Fund that would
21 otherwise have been allocated to the City of Chicago under
22 the State Revenue Sharing Act but instead were paid into the
23 General Revenue Fund under Section 6 of the Hotel Operators'
24 Occupation Tax Act and that have not been reimbursed, and the
25 Comptroller shall, during the fiscal year at the beginning of
26 which the certification was made, cause warrants to be drawn
27 from the amount received for the repayment of that cumulative
28 amount to the City of Chicago until that cumulative amount
29 has been fully reimbursed; thereafter, the State Treasurer
30 and shall deposit the balance of the amount received into the
31 trust fund established outside the State Treasury under
32 subsection (g) of Section 13 of the Metropolitan Pier and
33 Exposition Authority Act.
34 Nothing in this Section shall be construed to authorize
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1 the Authority to impose a tax upon the privilege of engaging
2 in any business which under the constitution of the United
3 States may not be made the subject of taxation by this State.
4 An ordinance or resolution imposing or discontinuing a
5 tax hereunder or effecting a change in the rate thereof shall
6 be effective on the first day of the second calendar month
7 next following the month in which the ordinance or resolution
8 is passed.
9 If the Authority levies a tax authorized by this Section
10 it shall transmit to the Department of Revenue not later than
11 5 days after the adoption of the ordinance or resolution a
12 certified copy of the ordinance or resolution imposing such
13 tax whereupon the Department of Revenue shall proceed to
14 administer and enforce this Section on behalf of the
15 Authority. Upon a change in rate of a tax levied hereunder,
16 or upon the discontinuance of the tax, the Authority shall
17 not later than 5 days after the effective date of the
18 ordinance or resolution discontinuing the tax or effecting a
19 change in rate transmit to the Department of Revenue a
20 certified copy of the ordinance or resolution effecting such
21 change or discontinuance.
22 (Source: P.A. 87-733.)
23 (70 ILCS 3205/20) (from Ch. 85, par. 6020)
24 Sec. 20. No Impairment of Management Agreement or
25 Assistance Agreement. The State of Illinois pledges to and
26 agrees with any tenant under any management agreement entered
27 into by the Authority with respect to a stadium facility and
28 any governmental owner of a facility with which the Authority
29 has entered into an assistance agreement with respect to such
30 facility and, if applicable, its tenant that the State will
31 not limit or alter the rights and powers vested in the
32 Authority by this Act so as to impair the terms of any such
33 management agreement or assistance agreement or in any way
-31- LRB9103965DJdvam03
1 impair the rights and remedies of such tenant or governmental
2 owner or its tenant so long as the tenant or governmental
3 owner or its tenant is not in default thereunder. In
4 addition, the State pledges to and agrees with such tenant,
5 any governmental owner of a facility, and its tenant, if
6 applicable, that the State will not limit the basis on which
7 State funds are to be allocated, deposited and paid to the
8 Authority, or the use of such funds, so as to impair the
9 terms of any such management agreement or assistance
10 agreement. The Authority is authorized to include this
11 pledge and agreement of the State in each such management
12 agreement and assistance agreement.
13 (Source: P.A. 85-1034.)
14 Section 10. The State Finance Act is amended by changing
15 Section 8.25-4 as follows:
16 (30 ILCS 105/8.25-4) (from Ch. 127, par. 144.25-4)
17 Sec. 8.25-4. All moneys in the Illinois Sports
18 Facilities Fund are allocated to and shall be transferred,
19 appropriated and used only for the purposes authorized by,
20 and subject to, the limitations and conditions of this
21 Section.
22 All moneys deposited pursuant to Section 13.1 of "An Act
23 in relation to State revenue sharing with local governmental
24 entities", as amended, and all moneys deposited with respect
25 to the $5,000,000 deposit, but not the additional $8,000,000
26 advance applicable before July 1, 2001, or the Advance Amount
27 applicable on and after that date, pursuant to Section 6 of
28 "The Hotel Operators' Occupation Tax Act", as amended, into
29 the Illinois Sports Facilities Fund shall be credited to the
30 Subsidy Account within the Fund. All moneys deposited with
31 respect to the additional $8,000,000 advance applicable
32 before July 1, 2001, or the Advance Amount applicable on and
-32- LRB9103965DJdvam03
1 after that date, but not the $5,000,000 deposit, pursuant to
2 Section 6 of "The Hotel Operators' Occupation Tax Act", as
3 amended, into the Illinois Sports Facilities Fund shall be
4 credited to the Advance Account within the Fund.
5 Beginning with fiscal year 1989 and continuing for each
6 fiscal year thereafter through and including fiscal year
7 2001, no less than 30 days before the beginning of such
8 fiscal year (except as soon as may be practicable after the
9 effective date of this amendatory Act of 1988 with respect to
10 fiscal year 1989) the Chairman of the Illinois Sports
11 Facilities Authority shall certify to the State Comptroller
12 and the State Treasurer, without taking into account any
13 revenues or receipts of the Authority, the lesser of (a)
14 $18,000,000 and (b) the sum of (i) the amount anticipated to
15 be required by the Authority during the fiscal year to pay
16 principal of and interest on, and other payments relating to,
17 its obligations issued or to be issued under Section 13 of
18 the Illinois Sports Facilities Authority Act, including any
19 deposits required to reserve funds created under any
20 indenture or resolution authorizing issuance of the
21 obligations and payments to providers of credit enhancement,
22 (ii) the amount anticipated to be required by the Authority
23 during the fiscal year to pay obligations under the
24 provisions provision of any management agreement with respect
25 to a facility or facilities owned by the Authority or of any
26 assistance agreement with respect to any facility for which
27 financial assistance is provided under the Illinois Sports
28 Facilities Authority Act, and to pay other capital and
29 operating expenses of the Authority during the fiscal year,
30 including any deposits required to reserve funds created for
31 repair and replacement of capital assets and to meet the
32 obligations of the Authority under any management agreement
33 or assistance agreement, and (iii) any amounts under (i) and
34 (ii) above remaining unpaid from previous years.
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1 Beginning with fiscal year 2002 and continuing for each
2 fiscal year thereafter, no less than 30 days before the
3 beginning of such fiscal year, the Chairman of the Illinois
4 Sports Facilities Authority shall certify to the State
5 Comptroller and the State Treasurer, without taking into
6 account any revenues or receipts of the Authority, the lesser
7 of (a) an amount equal to the sum of the Advance Amount plus
8 $10,000,000 and (b) the sum of (i) the amount anticipated to
9 be required by the Authority during the fiscal year to pay
10 principal of and interest on, and other payments relating to,
11 its obligations issued or to be issued under Section 13 of
12 the Illinois Sports Facilities Authority Act, including any
13 deposits required to reserve funds created under any
14 indenture or resolution authorizing issuance of the
15 obligations and payments to providers of credit enhancement,
16 (ii) the amount anticipated to be required by the Authority
17 during the fiscal year to pay obligations under the
18 provisions of any management agreement with respect to a
19 facility or facilities owned by the Authority or any
20 assistance agreement with respect to any facility for which
21 financial assistance is provided under the Illinois Sports
22 Facilities Authority Act, and to pay other capital and
23 operating expenses of the Authority during the fiscal year,
24 including any deposits required to reserve funds created for
25 repair and replacement of capital assets and to meet the
26 obligations of the Authority under any management agreement
27 or assistance agreement, and (iii) any amounts under (i) and
28 (ii) above remaining unpaid from previous years.
29 A copy of any this certification made by the Chairman
30 under the preceding 2 paragraphs shall be filed with the
31 Governor and the Mayor of the City of Chicago. The Chairman
32 may file an amended certification from time to time.
33 Subject to sufficient appropriation by the General
34 Assembly, beginning with July 1, 1988 and thereafter
-34- LRB9103965DJdvam03
1 continuing on the first day of each month during each fiscal
2 year through and including fiscal year 2001, the Comptroller
3 shall order paid and the Treasurer shall pay to the Authority
4 the amount in the Illinois Sports Facilities Fund until (x)
5 the lesser of $10,000,000 or the amount appropriated for
6 payment to the Authority from amounts credited to the Subsidy
7 Account and (y) the lesser of $8,000,000 or the difference
8 between the amount appropriated for payment to the Authority
9 during the fiscal year and $10,000,000 has been paid from
10 amounts credited to the Advance Account.
11 Subject to sufficient appropriation by the General
12 Assembly, beginning with July 1, 2001, and thereafter
13 continuing on the first day of each month during each fiscal
14 year thereafter, the Comptroller shall order paid and the
15 Treasurer shall pay to the Authority the amount in the
16 Illinois Sports Facilities Fund until (x) the lesser of
17 $10,000,000 or the amount appropriated for payment to the
18 Authority from amounts credited to the Subsidy Account and
19 (y) the lesser of the Advance Amount or the difference
20 between the amount appropriated for payment to the Authority
21 during the fiscal year and $10,000,000 has been paid from
22 amounts credited to the Advance Account.
23 Provided that all amounts deposited in the Illinois
24 Sports Facilities Fund and credited to the Subsidy Account,
25 to the extent requested pursuant to the Chairman's
26 certification, have been paid, on June 30, 1989, and on June
27 30 of each year thereafter, all amounts remaining in the
28 Subsidy Account of the Illinois Sports Facilities Fund shall
29 be transferred by the State Treasurer one-half to the General
30 Revenue Fund in the State Treasury and one-half to the City
31 Tax Fund. Provided that all amounts appropriated from the
32 Illinois Sports Facilities Fund, to the extent requested
33 pursuant to the Chairman's certification, have been paid, on
34 June 30, 1989, and on June 30 of each year thereafter, all
-35- LRB9103965DJdvam03
1 amounts remaining in the Advance Account of the Illinois
2 Sports Facilities Fund shall be transferred by the State
3 Treasurer to the General Revenue Fund in the State Treasury.
4 For purposes of this Section, the term "Advance Amount"
5 means, for fiscal year 2002, $22,179,000, and for subsequent
6 fiscal years through fiscal year 2032, 105.615% of the
7 Advance Amount for the immediately preceding fiscal year,
8 rounded up to the nearest $1,000.
9 (Source: P.A. 85-1034.)
10 Section 12. The State Revenue Sharing Act is amended by
11 changing Section 2 as follows:
12 (30 ILCS 115/2) (from Ch. 85, par. 612)
13 Sec. 2. Allocation and Disbursement. As soon as may be
14 after the first day of each month, the Department of Revenue
15 shall allocate among the several municipalities and counties
16 of this State the amount available in the Local Government
17 Distributive Fund and in the Income Tax Surcharge Local
18 Government Distributive Fund, determined as provided in
19 Sections 1 and 1a above. Except as provided in Sections 13
20 and 13.1 of this Act, the Department shall then certify such
21 allocations to the State Comptroller, who shall pay over to
22 the several municipalities and counties the respective
23 amounts allocated to them. The amount of such Funds
24 allocable to each such municipality and county shall be in
25 proportion to the number of individual residents of such
26 municipality or county to the total population of the State,
27 determined in each case on the basis of the latest census of
28 the State, municipality or county conducted by the Federal
29 government and certified by the Secretary of State and for
30 annexations to municipalities, the latest Federal, State or
31 municipal census of the annexed area which has been certified
32 by the Department of Revenue. Allocations to the City of
-36- LRB9103965DJdvam03
1 Chicago under this Section are subject to Section 6 of the
2 Hotel Operators' Occupation Tax Act. For the purpose of this
3 Section, the number of individual residents of a county shall
4 be reduced by the number of individuals residing therein in
5 municipalities, but the number of individual residents of the
6 State, county and municipality shall reflect the latest
7 census of any of them. The amounts transferred into the Local
8 Government Distributive Fund pursuant to Section 9 of the Use
9 Tax Act, Section 9 of the Service Use Tax Act, Section 9 of
10 the Service Occupation Tax Act, and Section 3 of the
11 Retailers' Occupation Tax Act, each as now or hereafter
12 amended, pursuant to the amendments of such Sections by
13 Public Act 85-1135, shall be distributed as provided in said
14 Sections.
15 (Source: P.A. 91-51, eff. 6-30-99.)
16 Section 15. The Hotel Operators' Occupation Tax Act is
17 amended by changing Section 6 as follows:
18 (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
19 Sec. 6. Except as provided hereinafter in this Section,
20 on or before the last day of each calendar month, every
21 person engaged in the business of renting, leasing or letting
22 rooms in a hotel in this State during the preceding calendar
23 month shall file a return with the Department, stating:
24 1. The name of the operator;
25 2. His residence address and the address of his
26 principal place of business and the address of the
27 principal place of business (if that is a different
28 address) from which he engages in the business of
29 renting, leasing or letting rooms in a hotel in this
30 State;
31 3. Total amount of rental receipts received by him
32 during the preceding calendar month from renting, leasing
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1 or letting rooms during such preceding calendar month;
2 4. Total amount of rental receipts received by him
3 during the preceding calendar month from renting, leasing
4 or letting rooms to permanent residents during such
5 preceding calendar month;
6 5. Total amount of other exclusions from gross
7 rental receipts allowed by this Act;
8 6. Gross rental receipts which were received by him
9 during the preceding calendar month and upon the basis of
10 which the tax is imposed;
11 7. The amount of tax due;
12 8. Such other reasonable information as the
13 Department may require.
14 If the operator's average monthly tax liability to the
15 Department does not exceed $200, the Department may authorize
16 his returns to be filed on a quarter annual basis, with the
17 return for January, February and March of a given year being
18 due by April 30 of such year; with the return for April, May
19 and June of a given year being due by July 31 of such year;
20 with the return for July, August and September of a given
21 year being due by October 31 of such year, and with the
22 return for October, November and December of a given year
23 being due by January 31 of the following year.
24 If the operator's average monthly tax liability to the
25 Department does not exceed $50, the Department may authorize
26 his returns to be filed on an annual basis, with the return
27 for a given year being due by January 31 of the following
28 year.
29 Such quarter annual and annual returns, as to form and
30 substance, shall be subject to the same requirements as
31 monthly returns.
32 Notwithstanding any other provision in this Act
33 concerning the time within which an operator may file his
34 return, in the case of any operator who ceases to engage in a
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1 kind of business which makes him responsible for filing
2 returns under this Act, such operator shall file a final
3 return under this Act with the Department not more than 1
4 month after discontinuing such business.
5 Where the same person has more than 1 business registered
6 with the Department under separate registrations under this
7 Act, such person shall not file each return that is due as a
8 single return covering all such registered businesses, but
9 shall file separate returns for each such registered
10 business.
11 In his return, the operator shall determine the value of
12 any consideration other than money received by him in
13 connection with the renting, leasing or letting of rooms in
14 the course of his business and he shall include such value in
15 his return. Such determination shall be subject to review
16 and revision by the Department in the manner hereinafter
17 provided for the correction of returns.
18 Where the operator is a corporation, the return filed on
19 behalf of such corporation shall be signed by the president,
20 vice-president, secretary or treasurer or by the properly
21 accredited agent of such corporation.
22 The person filing the return herein provided for shall,
23 at the time of filing such return, pay to the Department the
24 amount of tax herein imposed. The operator filing the return
25 under this Section shall, at the time of filing such return,
26 pay to the Department the amount of tax imposed by this Act
27 less a discount of 2.1% or $25 per calendar year, whichever
28 is greater, which is allowed to reimburse the operator for
29 the expenses incurred in keeping records, preparing and
30 filing returns, remitting the tax and supplying data to the
31 Department on request.
32 There shall be deposited in the Build Illinois Fund in
33 the State Treasury for each State fiscal year 40% of the
34 amount of total net proceeds from the tax imposed by
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1 subsection (a) of Section 3. Of the remaining 60%,
2 $5,000,000 shall be deposited in the Illinois Sports
3 Facilities Fund and credited to the Subsidy Account each
4 fiscal year by making monthly deposits in the amount of 1/8
5 of $5,000,000 plus cumulative deficiencies in such deposits
6 for prior months, and an additional $8,000,000 shall be
7 deposited in the Illinois Sports Facilities Fund and credited
8 to the Advance Account each fiscal year by making monthly
9 deposits in the amount of 1/8 of $8,000,000 plus any
10 cumulative deficiencies in such deposits for prior months;
11 provided, that for fiscal years ending after June 30, 2001,
12 the amount to be so deposited into the Illinois Sports
13 Facilities Fund and credited to the Advance Account each
14 fiscal year shall be increased from $8,000,000 to the then
15 applicable Advance Amount and the required monthly deposits
16 beginning with July 2001 shall be in the amount of 1/8 of the
17 then applicable Advance Amount plus any cumulative
18 deficiencies in those deposits for prior months. (The
19 deposits of the additional $8,000,000 or the then applicable
20 Advance Amount, as applicable, during each fiscal year shall
21 be treated as advances of funds to the Illinois Sports
22 Facilities Authority for its corporate purposes to the extent
23 paid to the Authority or its trustee and shall be repaid into
24 the General Revenue Fund in the State Treasury by the State
25 Treasurer on behalf of the Authority solely from collections
26 of the tax imposed by the Authority pursuant to Section 19 of
27 the Illinois Sports Facilities Authority Act, as amended. If
28 in any fiscal year the full amount of the then applicable
29 Advance Amount is not repaid into the General Revenue Fund,
30 then the deficiency shall be paid from the amount in the
31 Local Government Distributive Fund that would otherwise be
32 allocated to the City of Chicago under the State Revenue
33 Sharing Act.)
34 For purposes of the foregoing paragraph, the term
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1 "Advance Amount" means, for fiscal year 2002, $22,179,000,
2 and for subsequent fiscal years through fiscal year 2032,
3 105.615% of the Advance Amount for the immediately preceding
4 fiscal year, rounded up to the nearest $1,000.
5 Of the remaining 60% of the amount of total net proceeds
6 from the tax imposed by subsection (a) of Section 3 after all
7 required deposits in the Illinois Sports Facilities Fund, the
8 amount equal to 8% of the net revenue realized from the Hotel
9 Operators' Occupation Tax Act plus an amount equal to 8% of
10 the net revenue realized from any tax imposed under Section
11 4.05 of the Chicago World's Fair-1992 Authority Act during
12 the preceding month shall be deposited in the Local Tourism
13 Fund each month for purposes authorized by Section 605-705 of
14 the Department of Commerce and Community Affairs Law (20 ILCS
15 605/605-705) in the Local Tourism Fund, and beginning August
16 1, 1999 the amount equal to 6% of the net revenue realized
17 from the Hotel Operators' Occupation Tax Act during the
18 preceding month shall be deposited into the International
19 Tourism Fund for the purposes authorized in Section 46.6d of
20 the Civil Administrative Code of Illinois. "Net revenue
21 realized for a month" means the revenue collected by the
22 State under that Act during the previous month less the
23 amount paid out during that same month as refunds to
24 taxpayers for overpayment of liability under that Act.
25 After making all these deposits, all other proceeds of
26 the tax imposed under subsection (a) of Section 3 shall be
27 deposited in the General Revenue Fund in the State Treasury.
28 All moneys received by the Department from the additional tax
29 imposed under subsection (b) of Section 3 shall be deposited
30 into the Build Illinois Fund in the State Treasury.
31 The Department may, upon separate written notice to a
32 taxpayer, require the taxpayer to prepare and file with the
33 Department on a form prescribed by the Department within not
34 less than 60 days after receipt of the notice an annual
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1 information return for the tax year specified in the notice.
2 Such annual return to the Department shall include a
3 statement of gross receipts as shown by the operator's last
4 State income tax return. If the total receipts of the
5 business as reported in the State income tax return do not
6 agree with the gross receipts reported to the Department for
7 the same period, the operator shall attach to his annual
8 information return a schedule showing a reconciliation of the
9 2 amounts and the reasons for the difference. The operator's
10 annual information return to the Department shall also
11 disclose pay roll information of the operator's business
12 during the year covered by such return and any additional
13 reasonable information which the Department deems would be
14 helpful in determining the accuracy of the monthly, quarterly
15 or annual tax returns by such operator as hereinbefore
16 provided for in this Section.
17 If the annual information return required by this Section
18 is not filed when and as required the taxpayer shall be
19 liable for a penalty in an amount determined in accordance
20 with Section 3-4 of the Uniform Penalty and Interest Act
21 until such return is filed as required, the penalty to be
22 assessed and collected in the same manner as any other
23 penalty provided for in this Act.
24 The chief executive officer, proprietor, owner or highest
25 ranking manager shall sign the annual return to certify the
26 accuracy of the information contained therein. Any person
27 who willfully signs the annual return containing false or
28 inaccurate information shall be guilty of perjury and
29 punished accordingly. The annual return form prescribed by
30 the Department shall include a warning that the person
31 signing the return may be liable for perjury.
32 The foregoing portion of this Section concerning the
33 filing of an annual information return shall not apply to an
34 operator who is not required to file an income tax return
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1 with the United States Government.
2 (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00;
3 91-604, eff. 8-16-99; revised 10-27-99.)
4 Section 20. The Chicago Park District Act is amended by
5 adding Section 15d as follows:
6 (70 ILCS 1505/15d new)
7 Sec. 15d. Assistance agreements; facilities; private
8 seat licenses; naming rights. In addition to the powers and
9 authority now possessed by it, the Chicago Park District
10 shall have the power and authority:
11 (1) to enter into and perform its obligations under
12 one or more "assistance agreements" with respect to any
13 "facility" of which the Chicago Park District is the
14 "governmental owner", as each of those terms is defined
15 in the Illinois Sports Facilities Authority Act, and to
16 enter into and perform its obligations under other
17 contracts related thereto, upon such terms and conditions
18 as may be determined by the Chicago Park District;
19 (2) to enter into and perform its obligations under
20 a lease, license, or agreement with a professional sports
21 team or other sports team with respect to a "facility",
22 as that term is defined in the Illinois Sports Facilities
23 Authority Act, upon such terms and conditions as may be
24 determined by the Chicago Park District;
25 (3) to sell, convey, lease, or grant a permit or
26 license with respect to, or authorize another person on
27 its behalf to sell, convey, lease, or grant a permit or
28 license with respect to: (A) the right to use or the
29 right to purchase tickets to use, or any other interest
30 in, any seat or area within a "facility", as that term is
31 defined in the Illinois Sports Facilities Authority Act,
32 (B) the right to name or place advertising in all or any
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1 part of such a facility, or (C) any intangible personal
2 property rights, including intellectual property rights,
3 appurtenant to any such facility; and to enter into and
4 perform its obligations with respect to any contract,
5 understanding, agreement, or arrangement related thereto,
6 upon such terms and conditions as may be determined by
7 the Chicago Park District;
8 (4) to accept the transfer of and assume the
9 obligations under a contract or contracts entered into by
10 the "Authority" or its agent for the design and
11 construction services or design/build services for a
12 "facility", as each such term is defined in the Illinois
13 Sports Facilities Authority Act, and exercise such rights
14 and perform such obligations thereunder without regard to
15 the procedures, regulations and laws which would
16 otherwise have been applicable to the Chicago Park
17 District had the Chicago Park District originally entered
18 into such contract or contracts; and
19 (5) to enter into leases, license agreements,
20 permit agreements or other agreements with respect to
21 parking facilities, concessions, restaurants and other
22 facilities providing goods and services relating to a
23 "facility" of which the Chicago Park District is the
24 "governmental owner", as each such term is defined in the
25 Illinois Sports Facilities Authority Act, upon such terms
26 and conditions as may be determined by the Chicago Park
27 District.
28 Section 25. The Prevailing Wage Act is amended by
29 changing Section 2 as follows:
30 (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
31 Sec. 2. This Act applies to the wages of laborers,
32 mechanics and other workers employed in any public works, as
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1 hereinafter defined, by any public body and to anyone under
2 contracts for public works.
3 As used in this Act, unless the context indicates
4 otherwise:
5 "Public works" means all fixed works constructed for
6 public use by any public body, other than work done directly
7 by any public utility company, whether or not done under
8 public supervision or direction, or paid for wholly or in
9 part out of public funds. "Public works" as defined herein
10 includes all projects financed in whole or in part with bonds
11 issued under the Industrial Project Revenue Bond Act (Article
12 11, Division 74 of the Illinois Municipal Code), the
13 Industrial Building Revenue Bond Act, the Illinois
14 Development Finance Authority Act, the Illinois Sports
15 Facilities Authority Act, or the Build Illinois Bond Act, and
16 all projects financed in whole or in part with loans or other
17 funds made available pursuant to the Build Illinois Act.
18 "Construction" means all work on public works involving
19 laborers, workers or mechanics.
20 "Locality" means the county where the physical work upon
21 public works is performed, except (1) that if there is not
22 available in the county a sufficient number of competent
23 skilled laborers, workers and mechanics to construct the
24 public works efficiently and properly, "locality" includes
25 any other county nearest the one in which the work or
26 construction is to be performed and from which such persons
27 may be obtained in sufficient numbers to perform the work and
28 (2) that, with respect to contracts for highway work with the
29 Department of Transportation of this State, "locality" may at
30 the discretion of the Secretary of the Department of
31 Transportation be construed to include two or more adjacent
32 counties from which workers may be accessible for work on
33 such construction.
34 "Public body" means the State or any officer, board or
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1 commission of the State or any political subdivision or
2 department thereof, or any institution supported in whole or
3 in part by public funds, authorized by law to construct
4 public works or to enter into any contract for the
5 construction of public works, and includes every county,
6 city, town, village, township, school district, irrigation,
7 utility, reclamation improvement or other district and every
8 other political subdivision, district or municipality of the
9 state whether such political subdivision, municipality or
10 district operates under a special charter or not.
11 The terms "general prevailing rate of hourly wages",
12 "general prevailing rate of wages" or "prevailing rate of
13 wages" when used in this Act mean the hourly cash wages plus
14 fringe benefits for training and apprenticeship programs
15 approved by the U.S. Department of Labor, Bureau of
16 Apprenticeship and Training, health and welfare, insurance,
17 vacations and pensions paid generally, in the locality in
18 which the work is being performed, to employees engaged in
19 work of a similar similiar character on public works.
20 (Source: P.A. 91-105, eff. 1-1-00; revised 10-7-99.)
21 Section 30. The Freedom of Information Act is amended by
22 changing Section 2 as follows:
23 (5 ILCS 140/2) (from Ch. 116, par. 202)
24 Sec. 2. Definitions. As used in this Act:
25 (a) "Public body" means any legislative, executive,
26 administrative, or advisory bodies of the State, state
27 universities and colleges, counties, townships, cities,
28 villages, incorporated towns, school districts and all other
29 municipal corporations, boards, bureaus, committees, or
30 commissions of this State, and any subsidiary bodies of any
31 of the foregoing including but not limited to committees and
32 subcommittees which are supported in whole or in part by tax
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1 revenue, or which expend tax revenue. "Public body" does not
2 include a child death review team established under the Child
3 Death Review Team Act.
4 (b) "Person" means any individual, corporation,
5 partnership, firm, organization or association, acting
6 individually or as a group.
7 (c) "Public records" means all records, reports, forms,
8 writings, letters, memoranda, books, papers, maps,
9 photographs, microfilms, cards, tapes, recordings, electronic
10 data processing records, recorded information and all other
11 documentary materials, regardless of physical form or
12 characteristics, having been prepared, or having been or
13 being used, received, possessed or under the control of any
14 public body. "Public records" includes, but is expressly not
15 limited to: (i) administrative manuals, procedural rules,
16 and instructions to staff, unless exempted by Section 7(p) of
17 this Act; (ii) final opinions and orders made in the
18 adjudication of cases, except an educational institution's
19 adjudication of student or employee grievance or disciplinary
20 cases; (iii) substantive rules; (iv) statements and
21 interpretations of policy which have been adopted by a public
22 body; (v) final planning policies, recommendations, and
23 decisions; (vi) factual reports, inspection reports, and
24 studies whether prepared by or for the public body; (vii) all
25 information in any account, voucher, or contract dealing with
26 the receipt or expenditure of public or other funds of public
27 bodies; (viii) the names, salaries, titles, and dates of
28 employment of all employees and officers of public bodies;
29 (ix) materials containing opinions concerning the rights of
30 the state, the public, a subdivision of state or a local
31 government, or of any private persons; (x) the name of every
32 official and the final records of voting in all proceedings
33 of public bodies; (xi) applications for any contract, permit,
34 grant, or agreement except as exempted from disclosure by
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1 subsection (g) of Section 7 of this Act; (xii) each report,
2 document, study, or publication prepared by independent
3 consultants or other independent contractors for the public
4 body; (xiii) all other information required by law to be made
5 available for public inspection or copying; (xiv) information
6 relating to any grant or contract made by or between a public
7 body and another public body or private organization; (xv)
8 waiver documents filed with the State Superintendent of
9 Education or the president of the University of Illinois
10 under Section 30-12.5 of the School Code, concerning nominees
11 for General Assembly scholarships under Sections 30-9, 30-10,
12 and 30-11 of the School Code; and (xvi) complaints, results
13 of complaints, and Department of Children and Family Services
14 staff findings of licensing violations at day care
15 facilities, provided that personal and identifying
16 information is not released; and (xvii) records, reports,
17 forms, writings, letters, memoranda, books, papers, and other
18 documentary information, regardless of physical form or
19 characteristics, having been prepared, or having been or
20 being used, received, possessed, or under the control of the
21 Illinois Sports Facilities Authority dealing with the receipt
22 or expenditure of public funds or other funds of the
23 Authority in connection with the reconstruction, renovation,
24 remodeling, extension, or improvement of all or substantially
25 all of an existing "facility" as that term is defined in the
26 Illinois Sports Facilities Authority Act.
27 (d) "Copying" means the reproduction of any public
28 record by means of any photographic, electronic, mechanical
29 or other process, device or means.
30 `t(e) "Head of the public body" means the president, mayor,
31 chairman, presiding officer, director, superintendent,
32 manager, supervisor or individual otherwise holding primary
33 executive and administrative authority for the public body,
34 or such person's duly authorized designee.
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1 (f) "News media" means a newspaper or other periodical
2 issued at regular intervals, a news service, a radio station,
3 a television station, a community antenna television service,
4 or a person or corporation engaged in making news reels or
5 other motion picture news for public showing.
6 (Source: P.A. 89-681, eff. 12-13-96; 90-144, eff. 7-23-97;
7 90-670, eff. 7-31-98.)
8 Section 40. The Illinois State Auditing Act is amended
9 by changing Section 3-1 as follows:
10 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
11 Sec. 3-1. Jurisdiction of Auditor General. The Auditor
12 General has jurisdiction over all State agencies to make post
13 audits and investigations authorized by or under this Act or
14 the Constitution.
15 The Auditor General has jurisdiction over local
16 government agencies and private agencies only:
17 (a) to make such post audits authorized by or under
18 this Act as are necessary and incidental to a post audit
19 of a State agency or of a program administered by a State
20 agency involving public funds of the State, but this
21 jurisdiction does not include any authority to review
22 local governmental agencies in the obligation, receipt,
23 expenditure or use of public funds of the State that are
24 granted without limitation or condition imposed by law,
25 other than the general limitation that such funds be used
26 for public purposes;
27 (b) to make investigations authorized by or under
28 this Act or the Constitution; and
29 (c) to make audits of the records of local
30 government agencies to verify actual costs of
31 state-mandated programs when directed to do so by the
32 Legislative Audit Commission at the request of the State
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1 Board of Appeals under the State Mandates Act.
2 In addition to the foregoing, the Auditor General may
3 conduct an audit of the Metropolitan Pier and Exposition
4 Authority, the Regional Transportation Authority, the
5 Suburban Bus Division, the Commuter Rail Division and the
6 Chicago Transit Authority and any other subsidized carrier
7 when authorized by the Legislative Audit Commission. Such
8 audit may be a financial, management or program audit, or any
9 combination thereof.
10 The audit shall determine whether they are operating in
11 accordance with all applicable laws and regulations. Subject
12 to the limitations of this Act, the Legislative Audit
13 Commission may by resolution specify additional
14 determinations to be included in the scope of the audit.
15 In addition to the foregoing, the Auditor General must
16 also conduct a financial audit of the Illinois Sports
17 Facilities Authority's expenditures of public funds in
18 connection with the reconstruction, renovation, remodeling,
19 extension, or improvement of all or substantially all of any
20 existing "facility", as that term is defined in the Illinois
21 Sports Facilities Authority Act.
22 The Auditor General may also conduct an audit, when
23 authorized by the Legislative Audit Commission, of any
24 hospital which receives 10% or more of its gross revenues
25 from payments from the State of Illinois, Department of
26 Public Aid, Medical Assistance Program.
27 The Auditor General is authorized to conduct financial
28 and compliance audits of the Illinois Distance Learning
29 Foundation and the Illinois Conservation Foundation.
30 As soon as practical after the effective date of this
31 amendatory Act of 1995, the Auditor General shall conduct a
32 compliance and management audit of the City of Chicago and
33 any other entity with regard to the operation of Chicago
34 O'Hare International Airport, Chicago Midway Airport and
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1 Merrill C. Meigs Field. The audit shall include, but not be
2 limited to, an examination of revenues, expenses, and
3 transfers of funds; purchasing and contracting policies and
4 practices; staffing levels; and hiring practices and
5 procedures. When completed, the audit required by this
6 paragraph shall be distributed in accordance with Section
7 3-14.
8 The Auditor General shall conduct a financial and
9 compliance and program audit of distributions from the
10 Municipal Economic Development Fund during the immediately
11 preceding calendar year pursuant to Section 8-403.1 of the
12 Public Utilities Act at no cost to the city, village, or
13 incorporated town that received the distributions.
14 The Auditor General must conduct an audit of the Health
15 Facilities Planning Board pursuant to Section 19.5 of the
16 Illinois Health Facilities Planning Act.
17 (Source: P.A. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00.)
18 Section 99. Effective date. This Act takes effect on
19 June 1, 2001.".