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91_HB1284enr
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1 AN ACT in relation to sports facilities.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Sports Facilities Authority Act
5 is amended by changing Sections 1, 2, 3, 8, 9, 10, 11, 13,
6 15, 16, 17, 19, and 20 and adding Section 7.8 as follows:
7 (70 ILCS 3205/1) (from Ch. 85, par. 6001)
8 Sec. 1. Short title. This Act shall be known and may be
9 cited as the "Illinois Sports Facilities Authority Act".
10 (Source: P.A. 84-1470.)
11 (70 ILCS 3205/2) (from Ch. 85, par. 6002)
12 Sec. 2. Definitions; general provisions. In this Act the
13 following words have the meanings indicated:
14 (A) "Authority" means the Illinois Sports Facilities
15 Authority.
16 (B) "Facility" means:
17 (1) Stadiums, arenas or other structures for the
18 holding of athletic contests and other or events and
19 gatherings, including, without limitation, baseball,
20 football and automobile racing; musical, dramatic and
21 other artistic, cultural or social events; public
22 meetings; and other public events; and
23 (2) Practice fields, or other areas where
24 professional sports teams and other sports teams may
25 practice or perform.
26 (3) "Facility" also means the following types of
27 property if that property is directly related to or
28 located near an item listed in paragraphs (1) and through
29 (2) of subsection (B) of this Section:
30 (i) Offices, parking lots and garages, access
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1 roads, streets, intersections, highway interchanges,
2 pedestrian walkways, tunnels, and bridges,
3 transportation facilities, monuments, restaurants,
4 and stores, and other facilities providing goods and
5 services to persons attending meetings, contests,
6 gatherings or events at the facility;
7 (ii) Other recreation areas and recreational
8 facilities; and
9 (iii) Other property or structures including
10 all fixtures, furnishings, and appurtenances
11 normally associated with such facilities; and
12 (iv) Landscaping, parks, and open spaces.
13 (C) "Governmental Owner" means a body politic, public
14 corporation, political subdivision, unit of local government,
15 or municipality formed under the laws of the State of
16 Illinois, including, without limitation, the Chicago Park
17 District, that owns or is to own a facility located within
18 the corporate limits of the Authority described in Section 11
19 of this Act and to which the Authority provides financial
20 assistance. Where the title to all or any part of a facility
21 is held by a public building commission because the public
22 building commission has financed, under the authority of the
23 Public Building Commission Act, the acquisition of real
24 estate or the construction, acquisition, or enlargement of
25 improvements to real estate, or both, for any body politic,
26 public corporation, political subdivision, unit of local
27 government, or municipality formed under the laws of the
28 State of Illinois, the term "governmental owner" when used
29 with respect to that facility means the body politic, public
30 corporation, political subdivision, unit of local government,
31 or municipality rather than the public building commission.
32 (D) "Management Agreement" means a legally binding
33 contract between the Authority and a tenant of a the facility
34 owned by the Authority, which contains at least the following
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1 provisions:
2 (1) a provision requiring the tenant to conduct its
3 complete regular home season schedule and any home
4 playoff events in the facility;
5 (2) a provision requiring the tenant to provide
6 routine maintenance of and to operate the facility with
7 its personnel or contractors;
8 (3) a provision requiring the tenant to advertise
9 and promote events it conducts at the facility;
10 (4) a provision requiring the tenant to operate or
11 contract for concessions for the patrons of the facility,
12 including a stadium club and restaurant where food and
13 beverages will be served; and
14 (5) a provision permitting the Authority or its
15 designee, to hold other events in any such facility owned
16 by the Authority at such times as shall not unreasonably
17 interfere with the use of that facility by the tenant
18 thereof by the tenant.
19 (E) "Assistance Agreement" means one or more legally
20 binding contracts, with respect to a facility for which the
21 Authority is to provide financial assistance as provided in
22 this Act, to which the Authority and a governmental owner of
23 a facility or its tenant, or both, and any other appropriate
24 persons are parties, which may be in the form of an
25 intergovernmental agreement.
26 (F) "Financial Assistance" means the use by the
27 Authority, pursuant to an assistance agreement, of its powers
28 under this Act, including, without limitation, the power to
29 borrow money, to issue bonds and notes, to impose an
30 occupation tax as provided in Section 19 of this Act and to
31 receive and expend the proceeds of that tax, to assist a
32 governmental owner or its tenant, or both, with one or more
33 of the following: designing, developing, establishing,
34 constructing, erecting, acquiring, repairing, reconstructing,
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1 renovating, remodeling, adding to, extending, improving,
2 equipping, operating, and maintaining a facility owned or to
3 be owned by the governmental owner.
4 (G) "Tenant" means any person with which a governmental
5 owner or the Authority has entered into an agreement for the
6 use by a professional sports team or other sports team of any
7 facility. Such an agreement may be a management agreement or
8 an assistance agreement or may be a lease of or a license,
9 permit, or similar agreement with respect to the use of a
10 facility by such team for such period as shall be agreed upon
11 by the person and the governmental owner or the Authority, as
12 the case may be.
13 (Source: P.A. 85-1034.)
14 (70 ILCS 3205/3) (from Ch. 85, par. 6003)
15 Sec. 3. Legislative Finding and Declaration. It is
16 hereby found that as a result of deteriorating infrastructure
17 and sports facilities in the metropolitan area of Chicago,
18 there is a shortage of sports facilities suitable for use by
19 professional and other sports teams and other musical,
20 theatrical, cultural, and other social organizations.
21 It is further found that as a result of the costs to
22 maintain, repair or replace such infrastructure and
23 facilities, and as a result of current high financing costs,
24 the private sector, without the assistance contemplated in
25 this Act, is unable to construct feasibly adequate sports
26 facilities.
27 It is further found that the creation of modern sports
28 facilities and the other results contemplated by this Act
29 would stimulate economic activity in the State of Illinois,
30 including the creation and maintenance of jobs, the creation
31 of new and lasting infrastructure and other improvements, and
32 the attraction and retention of sports and entertainment
33 events which generate economic activity.
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1 It is further found that professional sports facilities
2 can be magnets for substantial interstate tourism resulting
3 in increased retail sales, hotel and restaurant sales, and
4 entertainment industry sales, all of which increase jobs and
5 economic growth.
6 It is further found that only three major league
7 professional baseball franchises play in stadium facilities
8 the construction of which has not been government-assisted
9 and of those three the most recently constructed facility was
10 completed in 1914.
11 It is further found that government assistance was or is
12 an essential component in the financing of the construction
13 of most recently built or planned National Football League
14 stadiums.
15 It is further found that the exercise by the Authority
16 and governmental owners of the additional powers conferred by
17 this amendatory Act of the 91st General Assembly (i) will
18 materially assist the development and redevelopment of
19 government owned sports facilities and thereby alleviate in
20 part the deleterious conditions and confer the public
21 benefits described in this Section and (ii) is in the public
22 interest and is declared to be for public purposes.
23 (Source: P.A. 85-8.)
24 (70 ILCS 3205/7.8 new)
25 Sec. 7.8. Illinois Sports Facilities Authority Advisory
26 Board.
27 (a) There is created the Illinois Sports Facilities
28 Authority Advisory Board composed of 12 members who are
29 members of the General Assembly and who are appointed 3 each
30 by the President of the Senate, the Minority Leader of the
31 Senate, the Speaker of the House of Representatives, and the
32 Minority Leader of the House of Representatives.
33 (b) Members of the Advisory Board shall serve as long as
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1 they hold their designated elected positions. Vacancies
2 shall be filled by appointment for the unexpired term in the
3 same manner as original appointments are made. The Advisory
4 Board shall elect its own chairperson.
5 (c) Members of the Advisory Board shall serve without
6 compensation but, at the Authority's discretion, shall be
7 reimbursed for necessary expenses in connection with the
8 performance of their duties.
9 (d) The Advisory Board shall meet quarterly, or as
10 needed, shall produce any reports it deems necessary, and
11 shall do the following:
12 (1) Work with the Authority and the Chicago Park
13 District regarding potential means for providing
14 increased economic opportunities to minorities and women
15 produced indirectly or directly from the reconstruction,
16 renovation, remodeling, extension, or improvement of a
17 facility in connection with which the Authority is
18 providing financial assistance pursuant to an assistance
19 agreement under this Act.
20 (2) Work with the Authority and the Chicago Park
21 District to find candidates for building trades
22 apprenticeships, for employment in the hospitality
23 industry, and to identify job training programs.
24 (3) Work with the Authority and the Chicago Park
25 District to implement this Section in the reconstruction,
26 renovation, remodeling, extension, or improvement of a
27 facility in connection with which the Authority is
28 providing financial assistance pursuant to an assistance
29 agreement under this Act, including the Authority's goal
30 of awarding not less than 25% and 5% of the annual dollar
31 value of contracts to minority and female owned
32 businesses, the outreach program for minorities and
33 women, and the mentor/protege program for providing
34 assistance to minority and female owned businesses.
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1 (e) Notwithstanding the provisions of subsection (b),
2 the Advisory Board is dissolved (i) on January 1, 2004 or
3 (ii) 6 months after 90 days after the first professional
4 football game is played in the facility in connection with
5 which the Authority provided financial assistance pursuant to
6 an assistance agreement under this Act, whichever is later.
7 (70 ILCS 3205/8) (from Ch. 85, par. 6008)
8 Sec. 8. Powers. In addition to the powers set forth
9 elsewhere in this Act, the Authority may:
10 (1) Adopt and alter an official seal;
11 (2) Sue and be sued, plead and be impleaded, all in
12 its own name, and agree to binding arbitration of any
13 dispute to which it is a party;
14 (3) Adopt bylaws, rules, and regulations to carry
15 out the provisions of this Section;
16 (4) Maintain an office or offices at such place as
17 the Authority may designate;
18 (5) Employ, either as regular employees or
19 independent contractors, consultants, engineers,
20 architects, accountants, attorneys, financial experts,
21 construction experts and personnel, superintendents,
22 managers and other professional personnel, and such other
23 personnel as may be necessary in the judgment of the
24 Authority, and fix their compensation;
25 (6) Determine the locations of, develop, design,
26 establish, construct, erect, acquire, own, repair,
27 reconstruct, renovate, remodel, add to, extend, improve,
28 equip, operate, regulate and maintain facilities, and
29 provide financial assistance to governmental owners or
30 their tenants, or both, pursuant to an assistance
31 agreement to do the foregoing, in each case to the extent
32 necessary to accomplish the purposes of the Authority;
33 (7) Acquire, hold, lease as lessor or as lessee,
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1 use, encumber, transfer, or dispose of real and personal
2 property, including the alteration of or demolition of
3 improvements to real estate;
4 (8) Enter into contracts of any kind;
5 (9) Regulate the use and operation of facilities
6 that are developed under the provisions of this Act;
7 (10) Enter into one or more management agreements
8 which conform to the requirements of this Act and which
9 may contain such provisions as the Authority shall
10 determine, including, without limitation limit, (i)
11 provisions allocating receipts from rents, rates, fees
12 and charges for use of the facility or for services
13 rendered in connection with the facility between the
14 Authority and the tenant of the facility; (ii) provisions
15 providing for or limiting payments to the Authority for
16 use of the facility based on levels of attendance or
17 and/or receipts, or both attendance and receipts, of the
18 tenant from admission charges, parking concessions,
19 advertising, radio and television and other sources;
20 (iii) provisions obligating the Authority to make
21 payments to the tenant with respect to expenses of
22 routine maintenance and operation of any facility and
23 operating expenses of the tenant with respect to use of
24 the facility; (iv) provisions requiring the Authority to
25 pay liquidated damages to the tenant for failure of
26 timely completion of construction of any new facility;
27 (v) provisions permitting the Authority to grant
28 rent-free occupancy of an existing facility pending
29 completion of construction of any new facility and
30 requiring the Authority to pay certain incremental costs
31 of maintenance, repair, replacement and operation of an
32 existing facility in the event of failure of timely
33 completion of construction of any new facility; (vi)
34 provisions requiring the Authority to reimburse the
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1 tenant for certain State and local taxes and provisions
2 permitting reductions of payments due the Authority by
3 the tenant or reimbursement of the tenant by the
4 Authority in the event of imposition of certain new State
5 and local taxes, or, and/or the increase above specified
6 levels of certain existing State and local taxes, or
7 both; (vii) provisions obligating the Authority to
8 purchase tickets to events conducted by the tenant based
9 upon specified attendance levels; (viii) provisions
10 granting the tenant the right and option to extend the
11 term of the management agreement; (ix) provisions
12 creating an assignment and pledge by the Authority of
13 certain of the Authority's revenues and receipts to be
14 received under Section 19 of this Act for the benefit of
15 the tenant of the facility as further security for
16 performance by the Authority of its obligations under the
17 management agreement; and (x) provisions requiring the
18 establishment of reserves by the Authority or by the
19 tenant, or both, as further security for the performance
20 of their respective obligations under the management
21 agreement;
22 (11) Enter into one or more assistance agreements
23 that conform to the requirements of this Act and that may
24 contain such provisions as the Authority shall determine
25 establishing the rights and obligations of the Authority
26 and the governmental owner or a tenant, or both, with
27 respect to the facility for which the Authority is to
28 provide financial assistance including, without
29 limitation, such provisions as are described in paragraph
30 (10) of this Section;
31 (12) Borrow money from any source for any corporate
32 purpose, including working capital for its operations,
33 reserve funds, or interest, and to mortgage, pledge or
34 otherwise encumber the property or funds of the Authority
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1 and to contract with or engage the services of any person
2 in connection with any financing, including financial
3 institutions, issuers of letters of credit, or insurers
4 and enter into reimbursement agreements with this person
5 which may be secured as if money were borrowed from the
6 person;
7 (13) (12) Issue bonds or notes under Section 13 of
8 this Act;
9 (14) (13) Receive and accept from any source,
10 private or public, contributions, gifts, or grants of
11 money or property;
12 (15) (14) Make loans from proceeds or funds
13 otherwise available to the extent necessary or
14 appropriate to accomplish the purposes of the Authority;
15 (16) (15) Provide for the insurance of any
16 property, operations, officers, agents or employees of
17 the Authority against any risk or hazard and to provide
18 for the indemnification of its members, employees,
19 contractors or agents against any and all risks;
20 (17) (16) Provide relocation assistance and
21 compensation for landowners and their lessees tenants
22 displaced by any land acquisition of the Authority,
23 including the acquisition of land and construction of
24 replacement housing thereon as the Authority shall
25 determine;
26 (18) Sell, convey, lease, or grant a permit or
27 license with respect to, or by agreement authorize
28 another person on its behalf to sell, convey, lease, or
29 grant a permit or license with respect to (A) the right
30 to use or the right to purchase tickets to use, or any
31 other interest in, any seat or area within a facility,
32 (B) the right to name or place advertising in all or any
33 part of a facility, or (C) any intangible personal
34 property rights, including intellectual property rights,
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1 appurtenant to any facility, the proceeds of which are
2 used for the purpose of carrying out the powers granted
3 by the Act;
4 (19) Adopt such rules as are necessary to carry out
5 those powers conferred and perform those duties required
6 by this Act;
7 (20) (17) Exercise all the corporate powers granted
8 Illinois corporations under the Business Corporation Act
9 of 1983, except to the extent that powers are
10 inconsistent with those of a body politic and corporate
11 of the State; and
12 (21) (18) Do all things necessary or convenient to
13 carry out the powers granted by this Act.
14 The Authority may not construct or enter into a contract
15 to construct more than one new stadium facility and may not
16 enter into assistance agreements providing for the
17 reconstruction, renovation, remodeling, extension, or
18 improvement of all or substantially all of more than one
19 existing facility unless authorized by law.
20 The Authority may adopt such rules pursuant to the
21 Illinois Administrative Procedure Act as are necessary to
22 carry out those powers and duties conferred by this Act. The
23 Authority may initially adopt, by January 1, 1989, such rules
24 as emergency rules in accordance with the provisions of
25 Section 5-45 of the Illinois Administrative Procedure Act.
26 For purposes of the Illinois Administrative Procedure Act,
27 the adoption of the initial rules shall be deemed to be an
28 emergency and necessary for the public interest, safety and
29 welfare.
30 (Source: P.A. 88-45.)
31 (70 ILCS 3205/9) (from Ch. 85, par. 6009)
32 Sec. 9. Duties. In addition to the powers set forth
33 elsewhere in this Act, subject to the terms of any agreements
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1 with the holders of the Authority's bonds or notes, the
2 Authority shall:
3 (1) Comply with all zoning, building, and land use
4 controls of the municipality within which is located it
5 owns any stadium facility owned by the Authority or for
6 which the Authority provides financial assistance.;
7 (2) With respect to a facility owned or to be owned
8 by the Authority, enter or have entered into a management
9 agreement with a tenant of the Authority to operate the
10 facility that requires the tenant to operate the facility
11 for a period at least as long as the term of any bonds
12 issued to finance the development, establishment,
13 construction, erection, acquisition, repair,
14 reconstruction, remodeling, adding to, extension,
15 improvement, equipping, operation, and maintenance
16 construction of the facility. Such agreement shall
17 contain appropriate and reasonable provisions with
18 respect to termination, default and legal remedies.;
19 (3) With respect to a facility owned or to be owned
20 by a governmental owner other than the Authority, enter
21 into an assistance agreement with either a governmental
22 owner of a facility or its tenant, or both, that requires
23 the tenant, or if the tenant is not a party to the
24 assistance agreement requires the governmental owner to
25 enter into an agreement with the tenant that requires the
26 tenant to use the facility for a period at least as long
27 as the term of any bonds issued to finance the
28 reconstruction, renovation, remodeling, extension or
29 improvement of all or substantially all of the facility.
30 (4) (3) Create and maintain a separate financial
31 reserve for repair and replacement of capital assets of
32 any facility owned by the Authority or for which the
33 Authority provides financial assistance and deposit into
34 this reserve not less than $1,000,000 per year for each
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1 such facility beginning at such time as the Authority and
2 the tenant, or the Authority and a governmental owner of
3 a facility, as applicable, shall agree.;
4 (4) Acquire a site or sites for a facility
5 reasonably accessible to the interested public and
6 capable of providing adequate spaces for automobile
7 parking;
8 (5) In connection with prequalification of general
9 contractors for the construction of a new stadium
10 facility or the reconstruction, renovation, remodeling,
11 extension, or improvement of all or substantially all of
12 an existing construction of the new stadium facility, the
13 Authority shall require submission of a commitment
14 detailing how the general contractor will expend 25% or
15 more of the dollar value of the general contract with one
16 or more minority business enterprises and 5% or more of
17 the dollar value with one or more female business
18 enterprises. This commitment may be met by contractor's
19 status as a minority business enterprise or female
20 business enterprise, by a joint venture or by
21 subcontracting a portion of the work with or by
22 purchasing materials for the work from one or more such
23 enterprises, or by any combination thereof. Any contract
24 with the general contractor for construction of the new
25 stadium facility and any contract for the reconstruction,
26 renovation, remodeling, adding to, extension or
27 improvement of all or substantially all of an existing
28 facility shall require the general contractor to meet the
29 foregoing obligations and shall require monthly reporting
30 to the Authority with respect to the status of the
31 implementation of the contractor's affirmative action
32 plan and compliance with that plan. This report shall be
33 filed with the General Assembly. The Authority shall
34 establish and maintain an affirmative action program
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1 designed to promote equal employment opportunity which
2 specifies the goals and methods for increasing
3 participation by minorities and women in a representative
4 mix of job classifications required to perform the
5 respective contracts. The Authority shall file a report
6 before March 1 of each year with the General Assembly
7 detailing its implementation of this paragraph. The
8 terms "minority business enterprise" and "female business
9 enterprise" shall have the same meanings as "minority
10 owned business" and "female owned business",
11 respectively, as defined provided in the Minority and
12 Female Business Enterprise for Minorities, Females, and
13 Persons with Disabilities Act.;
14 (6) Provide for the construction of any new
15 facility pursuant to one or more contracts which require
16 delivery of a completed facility at a fixed maximum price
17 to be insured or guaranteed by a third party determined
18 by the Authority to be financially capable of causing
19 completion of such construction of the new facility
20 construction of such a facility.
21 In connection with any assistance agreement with a
22 governmental owner that provides financial assistance for a
23 facility to be used by a National Football League team, the
24 assistance agreement shall provide that the Authority or its
25 agent shall enter into the contract or contracts for the
26 design and construction services or design/build services for
27 such facility and thereafter transfer its rights and
28 obligations under the contract or contracts to the
29 governmental owner of the facility. In seeking parties to
30 provide design and construction services or design/build
31 services with respect to such facility, the Authority may use
32 such procurement procedures as it may determine, including,
33 without limitation, the selection of design professionals and
34 construction managers or design/builders as may be required
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1 by a team that is at risk, in whole or in part, for the cost
2 of design and construction of the facility.
3 An assistance agreement may not provide, directly or
4 indirectly, for the payment to the Chicago Park District of
5 more than a total of $10,000,000 on account of the District's
6 loss of property or revenue in connection with the renovation
7 of a facility pursuant to the assistance agreement.
8 (Source: P.A. 85-1034; revised 8-23-99.)
9 (70 ILCS 3205/10) (from Ch. 85, par. 6010)
10 Sec. 10. Reporting.
11 (1) Promptly following entering into a management
12 agreement or an assistance agreement and a construction
13 contract involving a new facility or facility site, the
14 Authority shall submit a detailed written report and findings
15 of the Authority with respect to the proposed management
16 agreement or assistance agreement contract to the General
17 Assembly.
18 (2) The report and findings of the Authority shall
19 include:
20 (i) (I) A detailed plan of the method of funding
21 the management agreement or assistance agreement
22 contract;
23 (ii) (II) An evaluation of the economic
24 consequences of the proposed management agreement or
25 assistance agreement contract; and
26 (iii) (III) If applicable, an analysis of the
27 reasons for acquiring a site for constructing a new
28 facility.
29 (Source: P.A. 85-1034.)
30 (70 ILCS 3205/11) (from Ch. 85, par. 6011)
31 Sec. 11. Territory. The corporate limits of territory
32 within which the Authority may construct facilities shall be
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1 coterminous with the boundaries of the City of Chicago.
2 Facilities constructed by the Authority or for which the
3 Authority provides financial assistance may be located only
4 within the corporate limits of the Authority. The territory
5 of the Authority shall be coterminous with the boundaries of
6 the City of Chicago.
7 (Source: P.A. 85-8.)
8 (70 ILCS 3205/13) (from Ch. 85, par. 6013)
9 Sec. 13. Bonds and notes.
10 (A) (1) The Authority may at any time and from time to
11 time issue bonds and notes for any corporate purpose,
12 including the establishment of reserves and the payment of
13 interest and costs of issuance. In this Act the term "bonds"
14 includes notes of any kind, interim certificates, refunding
15 bonds, or any other evidence of obligation for borrowed money
16 issued under this Section 13. Bonds may be issued in one or
17 more series and may be payable and secured either on a parity
18 with or separately from other bonds.
19 (2) The bonds of any issue shall be payable solely from
20 all or any part of the property or revenues of the Authority,
21 including, without limitation:
22 (i) (I) Rents, rates, fees, charges or other
23 revenues payable to or any receipts of the Authority,
24 including amounts which are deposited pursuant to the Act
25 with a trustee for bondholders;
26 (ii) (II) Payments by financial institutions,
27 insurance companies, or others pursuant to letters or
28 lines of credit, policies of insurance, or purchase
29 agreements;
30 (iii) (III) Investment earnings from funds or
31 accounts maintained pursuant to a bond resolution or
32 trust agreement; and
33 (iv) (IV) Proceeds of refunding bonds.
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1 (3) Bonds may be authorized by a resolution of the
2 Authority and may be secured by a trust agreement by and
3 between the Authority and a corporate trustee or trustees,
4 which may be any trust company or bank having the powers of a
5 trust company within or without the State. Bonds may:
6 (i) (I) Mature at a time or times, whether as
7 serial bonds or as term bonds or both, not exceeding 40
8 years from their respective dates of issue;
9 (ii) (II) Notwithstanding the provision of "An Act
10 to authorize public corporations to issue bonds, other
11 evidences of indebtedness and tax anticipation warrants
12 subject to interest rate limitations set forth therein",
13 approved May 26, 1970, as now or hereafter amended, or
14 any other provision of law, bear interest at any fixed or
15 variable rate or rates determined by the method provided
16 in the resolution or trust agreement;
17 (iii) (III) Be payable at a time or times, in the
18 denominations and form, either coupon or registered or
19 both, and carry the registration and privileges as to
20 exchange, transfer or conversion and for the replacement
21 of mutilated, lost, or destroyed bonds as the resolution
22 or trust agreement may provide;
23 (iv) (IV) Be payable in lawful money of the United
24 States at a designated place;
25 (v) (V) Be subject to the terms of purchase,
26 payment, redemption, refunding or refinancing that the
27 resolution or trust agreement provides;
28 (vi) (VI) Be executed by the manual or facsimile
29 signatures of the officers of the Authority designated by
30 the Authority which signatures shall be valid at delivery
31 even for one who has ceased to hold office; and
32 (vii) (VII) Be sold in the manner and upon the
33 terms determined by the Authority.
34 (B) Any resolution or trust agreement may contain
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1 provisions which shall be a part of the contract with the
2 holders of the bonds as to:
3 (1) Pledging, assigning or directing the use,
4 investment, or disposition of all or any part of the revenues
5 of the Authority or proceeds or benefits of any contract
6 including, without limit, any management agreement or
7 assistance agreement and conveying or otherwise securing any
8 property or property rights;
9 (2) The setting aside of loan funding deposits, debt
10 service reserves, capitalized interest accounts, replacement
11 or operating reserves, cost of issuance accounts and sinking
12 funds, and the regulation, investment, and disposition
13 thereof;
14 (3) Limitations on the purposes to which or the
15 investments in which the proceeds of sale of any issue of
16 bonds or the Authority's revenues and receipts may be applied
17 or made;
18 (4) Limitations on the issue of additional bonds, the
19 terms upon which additional bonds may be issued and secured,
20 the terms upon which additional bonds may rank on a parity
21 with, or be subordinate or superior to, other bonds;
22 (5) The refunding, advance refunding or refinancing of
23 outstanding bonds;
24 (6) The procedure, if any, by which the terms of any
25 contract with bondholders may be altered or amended and the
26 amount of bonds and holders of which must consent thereto,
27 and the manner in which consent shall be given;
28 (7) Defining the acts or omissions which shall
29 constitute a default in the duties of the Authority to
30 holders of bonds and providing the rights or remedies of such
31 holders in the event of a default which may include
32 provisions restricting individual right of action by
33 bondholders;
34 (8) Providing for guarantees, pledges of property,
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1 letters of credit, or other security, or insurance for the
2 benefit of bondholders; and
3 (9) Any other matter relating to the bonds which the
4 Authority determines appropriate.
5 (C) No member of the Authority nor any person executing
6 the bonds shall be liable personally on the bonds or subject
7 to any personal liability by reason of the issuance of the
8 bonds.
9 (D) The Authority may enter into agreements with agents,
10 banks, insurers, or others for the purpose of enhancing the
11 marketability of or security for its bonds.
12 (E) (1) A pledge by the Authority of revenues and
13 receipts as security for an issue of bonds or for the
14 performance of its obligations under any management agreement
15 or assistance agreement shall be valid and binding from the
16 time when the pledge is made.
17 (2) The revenues and receipts pledged shall immediately
18 be subject to the lien of the pledge without any physical
19 delivery or further act, and the lien of any pledge shall be
20 valid and binding against any person having any claim of any
21 kind in tort, contract or otherwise against the Authority,
22 irrespective of whether the person has notice.
23 (3) No resolution, trust agreement, management agreement
24 or assistance agreement or any financing statement,
25 continuation statement, or other instrument adopted or
26 entered into by the Authority need be filed or recorded in
27 any public record other than the records of the Authority in
28 order to perfect the lien against third persons, regardless
29 of any contrary provision of law.
30 (F) The Authority may issue bonds to refund, advance
31 refund or refinance any of its bonds then outstanding,
32 including the payment of any redemption premium and any
33 interest accrued or to accrue to the earliest or any
34 subsequent date of redemption, purchase or maturity of the
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1 bonds. Refunding or advance refunding bonds may be issued
2 for the public purposes of realizing savings in the effective
3 costs of debt service, directly or through a debt
4 restructuring, for alleviating impending or actual default,
5 or for paying principal of, redemption premium, if any, and
6 interest on bonds as they mature or are subject to
7 redemption, and may be issued in one or more series in an
8 amount in excess of that of the bonds to be refunded.
9 (G) At no time shall the total outstanding bonds and
10 notes of the Authority issued under this Section 13 exceed
11 (i) $150,000,000 in connection with facilities owned by the
12 Authority and (ii) $399,000,000 in connection with facilities
13 owned by a governmental owner other than the Authority.
14 Bonds which are being paid or retired by issuance, sale or
15 delivery of bonds or notes, and bonds or notes for which
16 sufficient funds have been deposited with the paying agent or
17 trustee to provide for payment of principal and interest
18 thereon, and any redemption premium, as provided in the
19 authorizing resolution, shall not be considered outstanding
20 for the purposes of this paragraph.
21 (H) The bonds and notes of the Authority shall not be
22 indebtedness of the City of Chicago, of the State, or of any
23 political subdivision of the State other than the Authority.
24 The bonds and notes of the Authority are not general
25 obligations of the State of Illinois or the City of Chicago,
26 or of any other political subdivision of the State other than
27 the Authority, and are not secured by a pledge of the full
28 faith and credit of the State of Illinois or the City of
29 Chicago, or of any other political subdivision of the State
30 other than the Authority, and the holders of bonds and notes
31 of the Authority may not require the levy or imposition by
32 the State or the City of Chicago, or any other political
33 subdivision of the State other than the Authority, of any
34 taxes or, except as provided in this Act, the application of
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1 revenues or funds of the State of Illinois or the City of
2 Chicago or any other political subdivision of the State other
3 than the Authority other State or City of Chicago revenues or
4 funds to the payment of bonds and notes of the Authority.
5 (I) In order to provide for the payment of debt service
6 requirements (including amounts for reserve funds and to pay
7 the costs of credit enhancements) on bonds issued pursuant to
8 this Act, the Authority may provide in any trust agreement
9 securing such bonds for a pledge and assignment of its right
10 to all amounts to be received from the Illinois Sports
11 Facilities Fund and for a pledge and assignment (subject to
12 the terms of any management agreement or assistance
13 agreement) of all taxes and other amounts to be received
14 under Section 19 of this Act and may further provide by
15 written notice to the State Treasurer and State Comptroller
16 (which notice shall constitute a direction to those officers)
17 for a direct payment of these amounts to the trustee for its
18 bondholders.
19 (J) The State of Illinois pledges to and agrees with the
20 holders of the bonds and notes of the Authority issued
21 pursuant to this Act that the State will not limit or alter
22 the rights and powers vested in the Authority by this Act so
23 as to impair the terms of any contract made by the Authority
24 with such holders or in any way impair the rights and
25 remedies of such holders until such bonds and notes, together
26 with interest thereon, with interest on any unpaid
27 installments of interest, and all costs and expenses in
28 connection with any action or proceedings by or on behalf of
29 such holders, are fully met and discharged. In addition, the
30 State pledges to and agrees with the holders of the bonds and
31 notes of the Authority issued pursuant to this Act that the
32 State will not limit or alter the basis on which State funds
33 are to be allocated, deposited and paid to the Authority as
34 provided in this Act, or the use of such funds, so as to
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1 impair the terms of any such contract. The Authority is
2 authorized to include these pledges and agreements of the
3 State in any contract with the holders of bonds or notes
4 issued pursuant to this Section.
5 (Source: P.A. 85-1034.)
6 (70 ILCS 3205/15) (from Ch. 85, par. 6015)
7 Sec. 15. Tax Exemption.
8 (A) Neither (a) the Authority nor any governmental owner
9 of a facility or that governmental owner's tenant shall not
10 be required to pay property taxes pursuant to the Property
11 Tax Code on any facility or other property it owns, nor shall
12 the interest of a tenant in any facility either owned by the
13 Authority or owned by any governmental owner to which the
14 Authority has provided financial assistance be subject to
15 property taxes taxation pursuant to the Property Tax Code.
16 (B) (b) Bonds issued by the Authority, their transfer,
17 the interest payable on them, and any income derived from
18 them shall be exempt from income taxes taxation under the
19 "Illinois Income Tax Act" or from taxation by any political
20 subdivisions, municipal corporations or public agencies of
21 any kind of this State. For purposes of Section 250 of the
22 Illinois Income Tax Act, the exemption of the income from
23 bonds issued by the Authority shall terminate after all of
24 the bonds have been paid. The amount of such income that
25 shall be added and then subtracted on the Illinois income tax
26 return of a taxpayer, pursuant to Section 203 of the Illinois
27 Income Tax Act, from federal adjusted gross income or federal
28 taxable income in computing Illinois base income shall be the
29 interest net of any bond premium amortization.
30 (Source: P.A. 88-670, eff. 12-2-94; 89-460, eff. 5-24-96.)
31 (70 ILCS 3205/16) (from Ch. 85, par. 6016)
32 Sec. 16. Members or Employees of Authority; Conflicting
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1 Relations or Interests; Effect. No members or employees of
2 the Authority shall be employed by, be an officer or director
3 of, or have any ownership interest in any corporation or
4 entity which is or is to be a party to a management agreement
5 or assistance agreement with the Authority under this Act or
6 which is a tenant of any facility for which financial
7 assistance is or is to be provided under this Act. No monies
8 of the Authority shall be deposited in any financial
9 institution in which any officer, director or holder of a
10 substantial proprietary interest is also a member or employee
11 of the Authority. No real estate to which a member or
12 employee of the Authority holds legal title or in which such
13 person had any beneficial interest, including any interest in
14 a land trust, shall be purchased by the Authority or by a
15 corporation or entity for a facility to be financed under
16 this Act. All members and employees of the Authority shall
17 file annually with the Authority a record of all real estate
18 in this State to which such person holds legal title or in
19 which such person has any beneficial interest, including any
20 interest in a land trust. In the event it is later disclosed
21 that the Authority has purchased real estate in which a
22 member or employee had an interest, such purchase shall be
23 voidable by the Authority and the member or employee involved
24 shall be disqualified from membership in or employment by the
25 Authority.
26 (Source: P.A. 85-1034.)
27 (70 ILCS 3205/17) (from Ch. 85, par. 6017)
28 Sec. 17. Members or Employees of Authority - Conflicting
29 Relations or Interests - Effects.
30 (A) In addition to the prohibitions of Section 16 of
31 this Act, no member of the Authority or officer, agent or
32 employee thereof shall, in his or her own name or in the name
33 of a nominee, be an officer, director or hold an ownership
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1 interest of more than 7 1/2% in any person, association,
2 trust, corporation, partnership or other entity which is, in
3 its own name or in the name of a nominee, a party to a
4 contract or agreement upon which the member or officer, agent
5 or employee may be called upon to act or vote.
6 (B) With respect to any direct or any indirect interest,
7 other than an interest prohibited in subsection (A) of this
8 Section or Section 16 of this Act, in a contract or agreement
9 upon which the member or officer, agent or employee may be
10 called upon to act or vote, a member of the Authority or
11 officer, agent or employee thereof shall disclose the same to
12 the secretary of the Authority prior to the taking of final
13 action by the Authority concerning such contract or agreement
14 and shall so disclose the nature and extent of such interest
15 and his or her acquisition thereof, which disclosures shall
16 be publicly acknowledged by the Authority and entered upon
17 the minutes of the Authority. If a member of the Authority
18 or officer, agent or employee thereof holds such an interest
19 then he or she shall refrain from any further official
20 involvement in regard to such contract or agreement, from
21 voting on any matter pertaining to such contract or
22 agreement, and from communicating with other members of the
23 Authority or its officers, agents and employees concerning
24 said contract or agreement. Notwithstanding any other
25 provision of law, any contract or agreement entered into in
26 conformity with this subsection (B) shall not be void or
27 invalid by reason of the interest described in this
28 subsection, nor shall any person so disclosing the interest
29 and refraining from further official involvement as provided
30 in this subsection be guilty of an offense, be removed from
31 office or be subject to any other penalty on account of such
32 interest.
33 (C) Any contract or agreement made in violation of
34 subsections (A) or (B) of this Section shall be null and void
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1 and give rise to no action against the Authority.
2 (Source: P.A. 85-1034.)
3 (70 ILCS 3205/19) (from Ch. 85, par. 6019)
4 Sec. 19. Tax. The Authority may impose an occupation tax
5 upon all persons engaged in the City of Chicago in the
6 business of renting, leasing or letting rooms in a hotel, as
7 defined in The Hotel Operators' Occupation Tax Act, at a rate
8 not to exceed 2% of the gross rental receipts from the
9 renting, leasing or letting of hotel rooms located within the
10 City of Chicago, excluding, however, from gross rental
11 receipts, the proceeds of such renting, leasing or letting to
12 permanent residents of that hotel and proceeds from the tax
13 imposed under subsection (c) of Section 13 of the
14 Metropolitan Pier and Exposition Authority Act.
15 The tax imposed by the Authority pursuant to this Section
16 and all civil penalties that may be assessed as an incident
17 thereof shall be collected and enforced by the State
18 Department of Revenue. The certificate of registration which
19 is issued by the Department to a lessor under The Hotel
20 Operators' Occupation Tax Act shall permit such registrant to
21 engage in a business which is taxable under any ordinance or
22 resolution enacted pursuant to this Section without
23 registering separately with the Department under such
24 ordinance or resolution or under this Section. The
25 Department shall have full power to administer and enforce
26 this Section; to collect all taxes and penalties due
27 hereunder; to dispose of taxes and penalties so collected in
28 the manner provided in this Section, and to determine all
29 rights to credit memoranda, arising on account of the
30 erroneous payment of tax or penalty hereunder. In the
31 administration of, and compliance with, this Section, the
32 Department and persons who are subject to this Section shall
33 have the same rights, remedies, privileges, immunities,
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1 powers and duties, and be subject to the same conditions,
2 restrictions, limitations, penalties and definitions of
3 terms, and employ the same modes of procedure, as are
4 prescribed in The Hotel Operators' Occupation Tax Act (except
5 where that Act is inconsistent herewith), as the same is now
6 or may hereafter be amended, as fully as if the provisions
7 contained in The Hotel Operators' Occupation Tax Act were set
8 forth herein.
9 Whenever the Department determines that a refund should
10 be made under this Section to a claimant instead of issuing a
11 credit memorandum, the Department shall notify the State
12 Comptroller, who shall cause the warrant to be drawn for the
13 amount specified, and to the person named, in such
14 notification from the Department. Such refund shall be paid
15 by the State Treasurer out of the amounts held by the State
16 Treasurer as trustee for the Authority.
17 Persons subject to any tax imposed pursuant to authority
18 granted by this Section may reimburse themselves for their
19 tax liability for such tax by separately stating such tax as
20 an additional charge, which charge may be stated in
21 combination, in a single amount, with State tax imposed under
22 The Hotel Operators' Occupation Tax Act, the municipal tax
23 imposed under Section 8-3-13 of the Illinois Municipal Code,
24 and the tax imposed under Section 13 of the Metropolitan Pier
25 and Exposition Authority Act.
26 The Department shall forthwith pay over to the State
27 Treasurer, ex-officio, as trustee for the Authority, all
28 taxes and penalties collected hereunder for deposit in a
29 trust fund outside the State Treasury. On or before the 25th
30 day of each calendar month, the Department shall certify to
31 the Comptroller the amount to be paid to or on behalf of the
32 Authority from amounts collected hereunder by the Department,
33 and deposited into such trust fund during the second
34 preceding calendar month. The amount to be paid to or on
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1 behalf of the Authority shall be the amount (not including
2 credit memoranda) collected hereunder during such second
3 preceding calendar month by the Department, less an amount
4 equal to the amount of refunds authorized during such second
5 preceding calendar month by the Department on behalf of the
6 Authority, and less 4% of such balance, which sum shall be
7 retained by the State Treasurer to cover the costs incurred
8 by the Department in administering and enforcing the
9 provisions of this Section, as provided herein. Each such
10 monthly certification by the Department shall also certify to
11 the Comptroller the amount to be so retained by the State
12 Treasurer for payment into the General Revenue Fund of the
13 State Treasury.
14 Each monthly certification by the Department shall
15 certify, of the amount paid to or on behalf of the Authority,
16 (i) the portion to be paid to the Authority, and (ii) the
17 portion to be paid into the General Revenue Fund of the State
18 Treasury on behalf of the Authority as repayment of amounts
19 advanced advances to the Authority pursuant to appropriation
20 from the Illinois Sports Facilities Fund.
21 With respect to each State fiscal year, of the total
22 amount to be paid to or on behalf of the Authority, the
23 Department shall certify that payments shall first be made
24 directly to the Authority in an amount equal to any
25 difference between the annual amount certified by the
26 Chairman of the Authority pursuant to Section 8.25-4 of the
27 State Finance Act and the amount appropriated to the
28 Authority from the Illinois Sports Facilities Fund. Next,
29 the Department shall certify that payment shall be made into
30 the General Revenue Fund of the State Treasury in an amount
31 equal to the difference between (i) the lesser of (x) the
32 amount appropriated from the Illinois Sports Facilities Fund
33 to the Authority and (y) the annual amount certified by the
34 Chairman of the Authority pursuant to Section 8.25-4 of the
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1 State Finance Act and (ii) $10,000,000. The Department shall
2 certify that all additional amounts shall be paid to the
3 Authority and used for its corporate purposes.
4 Within 10 days after receipt, by the Comptroller, of the
5 Department's monthly certification of amounts to be paid to
6 or on behalf of the Authority and amounts to be paid into the
7 General Revenue Fund, the Comptroller shall cause the
8 warrants to be drawn for the respective amounts in accordance
9 with the directions contained in such certification.
10 Amounts collected by the Department and paid to the
11 Authority pursuant to this Section shall be used for the
12 corporate purposes of the Authority. On June 15, 1992 and on
13 each June 15 thereafter, the Authority shall repay to the
14 State Treasurer all amounts paid to it under this Section and
15 otherwise remaining available to the Authority after
16 providing for (i) payment of principal and interest on, and
17 other payments related to, its obligations issued or to be
18 issued under Section 13 of the Act, including any deposits
19 required to reserve funds created under any indenture or
20 resolution authorizing issuance of the obligations and
21 payments to providers of credit enhancement, (ii) payment of
22 obligations under the provisions of any management agreement
23 with respect to a facility or facilities owned by the
24 Authority or of any assistance agreement with respect to any
25 facility for which financial assistance is provided under
26 this Act, and payment of other capital and operating expenses
27 of the Authority, including any deposits required to reserve
28 funds created for repair and replacement of capital assets
29 and to meet the obligations of the Authority under any
30 management agreement or assistance agreement. Amounts repaid
31 by the Authority to the State Treasurer hereunder shall be
32 treated as repayment of amounts deposited into the Illinois
33 Sports Facilities Fund and credited to the Subsidy Account
34 and used for the corporate purposes of the Authority. The
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1 State Treasurer shall deposit the lesser of $5,000,000 or
2 one-half of the amount received into the General Revenue
3 Fund; thereafter, at the beginning of each fiscal year the
4 State Treasurer shall certify to the State Comptroller for
5 all prior fiscal years the cumulative amount of any
6 deficiencies in repayments to the City of Chicago of amounts
7 in the Local Government Distributive Fund that would
8 otherwise have been allocated to the City of Chicago under
9 the State Revenue Sharing Act but instead were paid into the
10 General Revenue Fund under Section 6 of the Hotel Operators'
11 Occupation Tax Act and that have not been reimbursed, and the
12 Comptroller shall, during the fiscal year at the beginning of
13 which the certification was made, cause warrants to be drawn
14 from the amount received for the repayment of that cumulative
15 amount to the City of Chicago until that cumulative amount
16 has been fully reimbursed; thereafter, the State Treasurer
17 and shall deposit the balance of the amount received into the
18 trust fund established outside the State Treasury under
19 subsection (g) of Section 13 of the Metropolitan Pier and
20 Exposition Authority Act.
21 Nothing in this Section shall be construed to authorize
22 the Authority to impose a tax upon the privilege of engaging
23 in any business which under the constitution of the United
24 States may not be made the subject of taxation by this State.
25 An ordinance or resolution imposing or discontinuing a
26 tax hereunder or effecting a change in the rate thereof shall
27 be effective on the first day of the second calendar month
28 next following the month in which the ordinance or resolution
29 is passed.
30 If the Authority levies a tax authorized by this Section
31 it shall transmit to the Department of Revenue not later than
32 5 days after the adoption of the ordinance or resolution a
33 certified copy of the ordinance or resolution imposing such
34 tax whereupon the Department of Revenue shall proceed to
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1 administer and enforce this Section on behalf of the
2 Authority. Upon a change in rate of a tax levied hereunder,
3 or upon the discontinuance of the tax, the Authority shall
4 not later than 5 days after the effective date of the
5 ordinance or resolution discontinuing the tax or effecting a
6 change in rate transmit to the Department of Revenue a
7 certified copy of the ordinance or resolution effecting such
8 change or discontinuance.
9 (Source: P.A. 87-733.)
10 (70 ILCS 3205/20) (from Ch. 85, par. 6020)
11 Sec. 20. No Impairment of Management Agreement or
12 Assistance Agreement. The State of Illinois pledges to and
13 agrees with any tenant under any management agreement entered
14 into by the Authority with respect to a stadium facility and
15 any governmental owner of a facility with which the Authority
16 has entered into an assistance agreement with respect to such
17 facility and, if applicable, its tenant that the State will
18 not limit or alter the rights and powers vested in the
19 Authority by this Act so as to impair the terms of any such
20 management agreement or assistance agreement or in any way
21 impair the rights and remedies of such tenant or governmental
22 owner or its tenant so long as the tenant or governmental
23 owner or its tenant is not in default thereunder. In
24 addition, the State pledges to and agrees with such tenant,
25 any governmental owner of a facility, and its tenant, if
26 applicable, that the State will not limit the basis on which
27 State funds are to be allocated, deposited and paid to the
28 Authority, or the use of such funds, so as to impair the
29 terms of any such management agreement or assistance
30 agreement. The Authority is authorized to include this
31 pledge and agreement of the State in each such management
32 agreement and assistance agreement.
33 (Source: P.A. 85-1034.)
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1 Section 10. The State Finance Act is amended by changing
2 Section 8.25-4 as follows:
3 (30 ILCS 105/8.25-4) (from Ch. 127, par. 144.25-4)
4 Sec. 8.25-4. All moneys in the Illinois Sports
5 Facilities Fund are allocated to and shall be transferred,
6 appropriated and used only for the purposes authorized by,
7 and subject to, the limitations and conditions of this
8 Section.
9 All moneys deposited pursuant to Section 13.1 of "An Act
10 in relation to State revenue sharing with local governmental
11 entities", as amended, and all moneys deposited with respect
12 to the $5,000,000 deposit, but not the additional $8,000,000
13 advance applicable before July 1, 2001, or the Advance Amount
14 applicable on and after that date, pursuant to Section 6 of
15 "The Hotel Operators' Occupation Tax Act", as amended, into
16 the Illinois Sports Facilities Fund shall be credited to the
17 Subsidy Account within the Fund. All moneys deposited with
18 respect to the additional $8,000,000 advance applicable
19 before July 1, 2001, or the Advance Amount applicable on and
20 after that date, but not the $5,000,000 deposit, pursuant to
21 Section 6 of "The Hotel Operators' Occupation Tax Act", as
22 amended, into the Illinois Sports Facilities Fund shall be
23 credited to the Advance Account within the Fund.
24 Beginning with fiscal year 1989 and continuing for each
25 fiscal year thereafter through and including fiscal year
26 2001, no less than 30 days before the beginning of such
27 fiscal year (except as soon as may be practicable after the
28 effective date of this amendatory Act of 1988 with respect to
29 fiscal year 1989) the Chairman of the Illinois Sports
30 Facilities Authority shall certify to the State Comptroller
31 and the State Treasurer, without taking into account any
32 revenues or receipts of the Authority, the lesser of (a)
33 $18,000,000 and (b) the sum of (i) the amount anticipated to
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1 be required by the Authority during the fiscal year to pay
2 principal of and interest on, and other payments relating to,
3 its obligations issued or to be issued under Section 13 of
4 the Illinois Sports Facilities Authority Act, including any
5 deposits required to reserve funds created under any
6 indenture or resolution authorizing issuance of the
7 obligations and payments to providers of credit enhancement,
8 (ii) the amount anticipated to be required by the Authority
9 during the fiscal year to pay obligations under the
10 provisions provision of any management agreement with respect
11 to a facility or facilities owned by the Authority or of any
12 assistance agreement with respect to any facility for which
13 financial assistance is provided under the Illinois Sports
14 Facilities Authority Act, and to pay other capital and
15 operating expenses of the Authority during the fiscal year,
16 including any deposits required to reserve funds created for
17 repair and replacement of capital assets and to meet the
18 obligations of the Authority under any management agreement
19 or assistance agreement, and (iii) any amounts under (i) and
20 (ii) above remaining unpaid from previous years.
21 Beginning with fiscal year 2002 and continuing for each
22 fiscal year thereafter, no less than 30 days before the
23 beginning of such fiscal year, the Chairman of the Illinois
24 Sports Facilities Authority shall certify to the State
25 Comptroller and the State Treasurer, without taking into
26 account any revenues or receipts of the Authority, the lesser
27 of (a) an amount equal to the sum of the Advance Amount plus
28 $10,000,000 and (b) the sum of (i) the amount anticipated to
29 be required by the Authority during the fiscal year to pay
30 principal of and interest on, and other payments relating to,
31 its obligations issued or to be issued under Section 13 of
32 the Illinois Sports Facilities Authority Act, including any
33 deposits required to reserve funds created under any
34 indenture or resolution authorizing issuance of the
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1 obligations and payments to providers of credit enhancement,
2 (ii) the amount anticipated to be required by the Authority
3 during the fiscal year to pay obligations under the
4 provisions of any management agreement with respect to a
5 facility or facilities owned by the Authority or any
6 assistance agreement with respect to any facility for which
7 financial assistance is provided under the Illinois Sports
8 Facilities Authority Act, and to pay other capital and
9 operating expenses of the Authority during the fiscal year,
10 including any deposits required to reserve funds created for
11 repair and replacement of capital assets and to meet the
12 obligations of the Authority under any management agreement
13 or assistance agreement, and (iii) any amounts under (i) and
14 (ii) above remaining unpaid from previous years.
15 A copy of any this certification made by the Chairman
16 under the preceding 2 paragraphs shall be filed with the
17 Governor and the Mayor of the City of Chicago. The Chairman
18 may file an amended certification from time to time.
19 Subject to sufficient appropriation by the General
20 Assembly, beginning with July 1, 1988 and thereafter
21 continuing on the first day of each month during each fiscal
22 year through and including fiscal year 2001, the Comptroller
23 shall order paid and the Treasurer shall pay to the Authority
24 the amount in the Illinois Sports Facilities Fund until (x)
25 the lesser of $10,000,000 or the amount appropriated for
26 payment to the Authority from amounts credited to the Subsidy
27 Account and (y) the lesser of $8,000,000 or the difference
28 between the amount appropriated for payment to the Authority
29 during the fiscal year and $10,000,000 has been paid from
30 amounts credited to the Advance Account.
31 Subject to sufficient appropriation by the General
32 Assembly, beginning with July 1, 2001, and thereafter
33 continuing on the first day of each month during each fiscal
34 year thereafter, the Comptroller shall order paid and the
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1 Treasurer shall pay to the Authority the amount in the
2 Illinois Sports Facilities Fund until (x) the lesser of
3 $10,000,000 or the amount appropriated for payment to the
4 Authority from amounts credited to the Subsidy Account and
5 (y) the lesser of the Advance Amount or the difference
6 between the amount appropriated for payment to the Authority
7 during the fiscal year and $10,000,000 has been paid from
8 amounts credited to the Advance Account.
9 Provided that all amounts deposited in the Illinois
10 Sports Facilities Fund and credited to the Subsidy Account,
11 to the extent requested pursuant to the Chairman's
12 certification, have been paid, on June 30, 1989, and on June
13 30 of each year thereafter, all amounts remaining in the
14 Subsidy Account of the Illinois Sports Facilities Fund shall
15 be transferred by the State Treasurer one-half to the General
16 Revenue Fund in the State Treasury and one-half to the City
17 Tax Fund. Provided that all amounts appropriated from the
18 Illinois Sports Facilities Fund, to the extent requested
19 pursuant to the Chairman's certification, have been paid, on
20 June 30, 1989, and on June 30 of each year thereafter, all
21 amounts remaining in the Advance Account of the Illinois
22 Sports Facilities Fund shall be transferred by the State
23 Treasurer to the General Revenue Fund in the State Treasury.
24 For purposes of this Section, the term "Advance Amount"
25 means, for fiscal year 2002, $22,179,000, and for subsequent
26 fiscal years through fiscal year 2032, 105.615% of the
27 Advance Amount for the immediately preceding fiscal year,
28 rounded up to the nearest $1,000.
29 (Source: P.A. 85-1034.)
30 Section 12. The State Revenue Sharing Act is amended by
31 changing Section 2 as follows:
32 (30 ILCS 115/2) (from Ch. 85, par. 612)
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1 Sec. 2. Allocation and Disbursement. As soon as may be
2 after the first day of each month, the Department of Revenue
3 shall allocate among the several municipalities and counties
4 of this State the amount available in the Local Government
5 Distributive Fund and in the Income Tax Surcharge Local
6 Government Distributive Fund, determined as provided in
7 Sections 1 and 1a above. Except as provided in Sections 13
8 and 13.1 of this Act, the Department shall then certify such
9 allocations to the State Comptroller, who shall pay over to
10 the several municipalities and counties the respective
11 amounts allocated to them. The amount of such Funds
12 allocable to each such municipality and county shall be in
13 proportion to the number of individual residents of such
14 municipality or county to the total population of the State,
15 determined in each case on the basis of the latest census of
16 the State, municipality or county conducted by the Federal
17 government and certified by the Secretary of State and for
18 annexations to municipalities, the latest Federal, State or
19 municipal census of the annexed area which has been certified
20 by the Department of Revenue. Allocations to the City of
21 Chicago under this Section are subject to Section 6 of the
22 Hotel Operators' Occupation Tax Act. For the purpose of this
23 Section, the number of individual residents of a county shall
24 be reduced by the number of individuals residing therein in
25 municipalities, but the number of individual residents of the
26 State, county and municipality shall reflect the latest
27 census of any of them. The amounts transferred into the Local
28 Government Distributive Fund pursuant to Section 9 of the Use
29 Tax Act, Section 9 of the Service Use Tax Act, Section 9 of
30 the Service Occupation Tax Act, and Section 3 of the
31 Retailers' Occupation Tax Act, each as now or hereafter
32 amended, pursuant to the amendments of such Sections by
33 Public Act 85-1135, shall be distributed as provided in said
34 Sections.
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1 (Source: P.A. 91-51, eff. 6-30-99.)
2 Section 15. The Hotel Operators' Occupation Tax Act is
3 amended by changing Section 6 as follows:
4 (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
5 Sec. 6. Except as provided hereinafter in this Section,
6 on or before the last day of each calendar month, every
7 person engaged in the business of renting, leasing or letting
8 rooms in a hotel in this State during the preceding calendar
9 month shall file a return with the Department, stating:
10 1. The name of the operator;
11 2. His residence address and the address of his
12 principal place of business and the address of the
13 principal place of business (if that is a different
14 address) from which he engages in the business of
15 renting, leasing or letting rooms in a hotel in this
16 State;
17 3. Total amount of rental receipts received by him
18 during the preceding calendar month from renting, leasing
19 or letting rooms during such preceding calendar month;
20 4. Total amount of rental receipts received by him
21 during the preceding calendar month from renting, leasing
22 or letting rooms to permanent residents during such
23 preceding calendar month;
24 5. Total amount of other exclusions from gross
25 rental receipts allowed by this Act;
26 6. Gross rental receipts which were received by him
27 during the preceding calendar month and upon the basis of
28 which the tax is imposed;
29 7. The amount of tax due;
30 8. Such other reasonable information as the
31 Department may require.
32 If the operator's average monthly tax liability to the
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1 Department does not exceed $200, the Department may authorize
2 his returns to be filed on a quarter annual basis, with the
3 return for January, February and March of a given year being
4 due by April 30 of such year; with the return for April, May
5 and June of a given year being due by July 31 of such year;
6 with the return for July, August and September of a given
7 year being due by October 31 of such year, and with the
8 return for October, November and December of a given year
9 being due by January 31 of the following year.
10 If the operator's average monthly tax liability to the
11 Department does not exceed $50, the Department may authorize
12 his returns to be filed on an annual basis, with the return
13 for a given year being due by January 31 of the following
14 year.
15 Such quarter annual and annual returns, as to form and
16 substance, shall be subject to the same requirements as
17 monthly returns.
18 Notwithstanding any other provision in this Act
19 concerning the time within which an operator may file his
20 return, in the case of any operator who ceases to engage in a
21 kind of business which makes him responsible for filing
22 returns under this Act, such operator shall file a final
23 return under this Act with the Department not more than 1
24 month after discontinuing such business.
25 Where the same person has more than 1 business registered
26 with the Department under separate registrations under this
27 Act, such person shall not file each return that is due as a
28 single return covering all such registered businesses, but
29 shall file separate returns for each such registered
30 business.
31 In his return, the operator shall determine the value of
32 any consideration other than money received by him in
33 connection with the renting, leasing or letting of rooms in
34 the course of his business and he shall include such value in
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1 his return. Such determination shall be subject to review
2 and revision by the Department in the manner hereinafter
3 provided for the correction of returns.
4 Where the operator is a corporation, the return filed on
5 behalf of such corporation shall be signed by the president,
6 vice-president, secretary or treasurer or by the properly
7 accredited agent of such corporation.
8 The person filing the return herein provided for shall,
9 at the time of filing such return, pay to the Department the
10 amount of tax herein imposed. The operator filing the return
11 under this Section shall, at the time of filing such return,
12 pay to the Department the amount of tax imposed by this Act
13 less a discount of 2.1% or $25 per calendar year, whichever
14 is greater, which is allowed to reimburse the operator for
15 the expenses incurred in keeping records, preparing and
16 filing returns, remitting the tax and supplying data to the
17 Department on request.
18 There shall be deposited in the Build Illinois Fund in
19 the State Treasury for each State fiscal year 40% of the
20 amount of total net proceeds from the tax imposed by
21 subsection (a) of Section 3. Of the remaining 60%,
22 $5,000,000 shall be deposited in the Illinois Sports
23 Facilities Fund and credited to the Subsidy Account each
24 fiscal year by making monthly deposits in the amount of 1/8
25 of $5,000,000 plus cumulative deficiencies in such deposits
26 for prior months, and an additional $8,000,000 shall be
27 deposited in the Illinois Sports Facilities Fund and credited
28 to the Advance Account each fiscal year by making monthly
29 deposits in the amount of 1/8 of $8,000,000 plus any
30 cumulative deficiencies in such deposits for prior months;
31 provided, that for fiscal years ending after June 30, 2001,
32 the amount to be so deposited into the Illinois Sports
33 Facilities Fund and credited to the Advance Account each
34 fiscal year shall be increased from $8,000,000 to the then
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1 applicable Advance Amount and the required monthly deposits
2 beginning with July 2001 shall be in the amount of 1/8 of the
3 then applicable Advance Amount plus any cumulative
4 deficiencies in those deposits for prior months. (The
5 deposits of the additional $8,000,000 or the then applicable
6 Advance Amount, as applicable, during each fiscal year shall
7 be treated as advances of funds to the Illinois Sports
8 Facilities Authority for its corporate purposes to the extent
9 paid to the Authority or its trustee and shall be repaid into
10 the General Revenue Fund in the State Treasury by the State
11 Treasurer on behalf of the Authority solely from collections
12 of the tax imposed by the Authority pursuant to Section 19 of
13 the Illinois Sports Facilities Authority Act, as amended. If
14 in any fiscal year the full amount of the then applicable
15 Advance Amount is not repaid into the General Revenue Fund,
16 then the deficiency shall be paid from the amount in the
17 Local Government Distributive Fund that would otherwise be
18 allocated to the City of Chicago under the State Revenue
19 Sharing Act.)
20 For purposes of the foregoing paragraph, the term
21 "Advance Amount" means, for fiscal year 2002, $22,179,000,
22 and for subsequent fiscal years through fiscal year 2032,
23 105.615% of the Advance Amount for the immediately preceding
24 fiscal year, rounded up to the nearest $1,000.
25 Of the remaining 60% of the amount of total net proceeds
26 from the tax imposed by subsection (a) of Section 3 after all
27 required deposits in the Illinois Sports Facilities Fund, the
28 amount equal to 8% of the net revenue realized from the Hotel
29 Operators' Occupation Tax Act plus an amount equal to 8% of
30 the net revenue realized from any tax imposed under Section
31 4.05 of the Chicago World's Fair-1992 Authority Act during
32 the preceding month shall be deposited in the Local Tourism
33 Fund each month for purposes authorized by Section 605-705 of
34 the Department of Commerce and Community Affairs Law (20 ILCS
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1 605/605-705) in the Local Tourism Fund, and beginning August
2 1, 1999 the amount equal to 6% of the net revenue realized
3 from the Hotel Operators' Occupation Tax Act during the
4 preceding month shall be deposited into the International
5 Tourism Fund for the purposes authorized in Section 46.6d of
6 the Civil Administrative Code of Illinois. "Net revenue
7 realized for a month" means the revenue collected by the
8 State under that Act during the previous month less the
9 amount paid out during that same month as refunds to
10 taxpayers for overpayment of liability under that Act.
11 After making all these deposits, all other proceeds of
12 the tax imposed under subsection (a) of Section 3 shall be
13 deposited in the General Revenue Fund in the State Treasury.
14 All moneys received by the Department from the additional tax
15 imposed under subsection (b) of Section 3 shall be deposited
16 into the Build Illinois Fund in the State Treasury.
17 The Department may, upon separate written notice to a
18 taxpayer, require the taxpayer to prepare and file with the
19 Department on a form prescribed by the Department within not
20 less than 60 days after receipt of the notice an annual
21 information return for the tax year specified in the notice.
22 Such annual return to the Department shall include a
23 statement of gross receipts as shown by the operator's last
24 State income tax return. If the total receipts of the
25 business as reported in the State income tax return do not
26 agree with the gross receipts reported to the Department for
27 the same period, the operator shall attach to his annual
28 information return a schedule showing a reconciliation of the
29 2 amounts and the reasons for the difference. The operator's
30 annual information return to the Department shall also
31 disclose pay roll information of the operator's business
32 during the year covered by such return and any additional
33 reasonable information which the Department deems would be
34 helpful in determining the accuracy of the monthly, quarterly
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1 or annual tax returns by such operator as hereinbefore
2 provided for in this Section.
3 If the annual information return required by this Section
4 is not filed when and as required the taxpayer shall be
5 liable for a penalty in an amount determined in accordance
6 with Section 3-4 of the Uniform Penalty and Interest Act
7 until such return is filed as required, the penalty to be
8 assessed and collected in the same manner as any other
9 penalty provided for in this Act.
10 The chief executive officer, proprietor, owner or highest
11 ranking manager shall sign the annual return to certify the
12 accuracy of the information contained therein. Any person
13 who willfully signs the annual return containing false or
14 inaccurate information shall be guilty of perjury and
15 punished accordingly. The annual return form prescribed by
16 the Department shall include a warning that the person
17 signing the return may be liable for perjury.
18 The foregoing portion of this Section concerning the
19 filing of an annual information return shall not apply to an
20 operator who is not required to file an income tax return
21 with the United States Government.
22 (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00;
23 91-604, eff. 8-16-99; revised 10-27-99.)
24 Section 20. The Chicago Park District Act is amended by
25 adding Section 15d as follows:
26 (70 ILCS 1505/15d new)
27 Sec. 15d. Assistance agreements; facilities; private
28 seat licenses; naming rights. In addition to the powers and
29 authority now possessed by it, the Chicago Park District
30 shall have the power and authority:
31 (1) to enter into and perform its obligations under
32 one or more "assistance agreements" with respect to any
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1 "facility" of which the Chicago Park District is the
2 "governmental owner", as each of those terms is defined
3 in the Illinois Sports Facilities Authority Act, and to
4 enter into and perform its obligations under other
5 contracts related thereto, upon such terms and conditions
6 as may be determined by the Chicago Park District;
7 (2) to enter into and perform its obligations under
8 a lease, license, or agreement with a professional sports
9 team or other sports team with respect to a "facility",
10 as that term is defined in the Illinois Sports Facilities
11 Authority Act, upon such terms and conditions as may be
12 determined by the Chicago Park District;
13 (3) to sell, convey, lease, or grant a permit or
14 license with respect to, or authorize another person on
15 its behalf to sell, convey, lease, or grant a permit or
16 license with respect to: (A) the right to use or the
17 right to purchase tickets to use, or any other interest
18 in, any seat or area within a "facility", as that term is
19 defined in the Illinois Sports Facilities Authority Act,
20 (B) the right to name or place advertising in all or any
21 part of such a facility, or (C) any intangible personal
22 property rights, including intellectual property rights,
23 appurtenant to any such facility; and to enter into and
24 perform its obligations with respect to any contract,
25 understanding, agreement, or arrangement related thereto,
26 upon such terms and conditions as may be determined by
27 the Chicago Park District;
28 (4) to accept the transfer of and assume the
29 obligations under a contract or contracts entered into by
30 the "Authority" or its agent for the design and
31 construction services or design/build services for a
32 "facility", as each such term is defined in the Illinois
33 Sports Facilities Authority Act, and exercise such rights
34 and perform such obligations thereunder without regard to
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1 the procedures, regulations and laws which would
2 otherwise have been applicable to the Chicago Park
3 District had the Chicago Park District originally entered
4 into such contract or contracts; and
5 (5) to enter into leases, license agreements,
6 permit agreements or other agreements with respect to
7 parking facilities, concessions, restaurants and other
8 facilities providing goods and services relating to a
9 "facility" of which the Chicago Park District is the
10 "governmental owner", as each such term is defined in the
11 Illinois Sports Facilities Authority Act, upon such terms
12 and conditions as may be determined by the Chicago Park
13 District.
14 Section 25. The Prevailing Wage Act is amended by
15 changing Section 2 as follows:
16 (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
17 Sec. 2. This Act applies to the wages of laborers,
18 mechanics and other workers employed in any public works, as
19 hereinafter defined, by any public body and to anyone under
20 contracts for public works.
21 As used in this Act, unless the context indicates
22 otherwise:
23 "Public works" means all fixed works constructed for
24 public use by any public body, other than work done directly
25 by any public utility company, whether or not done under
26 public supervision or direction, or paid for wholly or in
27 part out of public funds. "Public works" as defined herein
28 includes all projects financed in whole or in part with bonds
29 issued under the Industrial Project Revenue Bond Act (Article
30 11, Division 74 of the Illinois Municipal Code), the
31 Industrial Building Revenue Bond Act, the Illinois
32 Development Finance Authority Act, the Illinois Sports
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1 Facilities Authority Act, or the Build Illinois Bond Act, and
2 all projects financed in whole or in part with loans or other
3 funds made available pursuant to the Build Illinois Act.
4 "Construction" means all work on public works involving
5 laborers, workers or mechanics.
6 "Locality" means the county where the physical work upon
7 public works is performed, except (1) that if there is not
8 available in the county a sufficient number of competent
9 skilled laborers, workers and mechanics to construct the
10 public works efficiently and properly, "locality" includes
11 any other county nearest the one in which the work or
12 construction is to be performed and from which such persons
13 may be obtained in sufficient numbers to perform the work and
14 (2) that, with respect to contracts for highway work with the
15 Department of Transportation of this State, "locality" may at
16 the discretion of the Secretary of the Department of
17 Transportation be construed to include two or more adjacent
18 counties from which workers may be accessible for work on
19 such construction.
20 "Public body" means the State or any officer, board or
21 commission of the State or any political subdivision or
22 department thereof, or any institution supported in whole or
23 in part by public funds, authorized by law to construct
24 public works or to enter into any contract for the
25 construction of public works, and includes every county,
26 city, town, village, township, school district, irrigation,
27 utility, reclamation improvement or other district and every
28 other political subdivision, district or municipality of the
29 state whether such political subdivision, municipality or
30 district operates under a special charter or not.
31 The terms "general prevailing rate of hourly wages",
32 "general prevailing rate of wages" or "prevailing rate of
33 wages" when used in this Act mean the hourly cash wages plus
34 fringe benefits for training and apprenticeship programs
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1 approved by the U.S. Department of Labor, Bureau of
2 Apprenticeship and Training, health and welfare, insurance,
3 vacations and pensions paid generally, in the locality in
4 which the work is being performed, to employees engaged in
5 work of a similar similiar character on public works.
6 (Source: P.A. 91-105, eff. 1-1-00; revised 10-7-99.)
7 Section 30. The Freedom of Information Act is amended by
8 changing Section 2 as follows:
9 (5 ILCS 140/2) (from Ch. 116, par. 202)
10 Sec. 2. Definitions. As used in this Act:
11 (a) "Public body" means any legislative, executive,
12 administrative, or advisory bodies of the State, state
13 universities and colleges, counties, townships, cities,
14 villages, incorporated towns, school districts and all other
15 municipal corporations, boards, bureaus, committees, or
16 commissions of this State, and any subsidiary bodies of any
17 of the foregoing including but not limited to committees and
18 subcommittees which are supported in whole or in part by tax
19 revenue, or which expend tax revenue. "Public body" does not
20 include a child death review team established under the Child
21 Death Review Team Act.
22 (b) "Person" means any individual, corporation,
23 partnership, firm, organization or association, acting
24 individually or as a group.
25 (c) "Public records" means all records, reports, forms,
26 writings, letters, memoranda, books, papers, maps,
27 photographs, microfilms, cards, tapes, recordings, electronic
28 data processing records, recorded information and all other
29 documentary materials, regardless of physical form or
30 characteristics, having been prepared, or having been or
31 being used, received, possessed or under the control of any
32 public body. "Public records" includes, but is expressly not
HB1284 Enrolled -46- LRB9103965PTpk
1 limited to: (i) administrative manuals, procedural rules,
2 and instructions to staff, unless exempted by Section 7(p) of
3 this Act; (ii) final opinions and orders made in the
4 adjudication of cases, except an educational institution's
5 adjudication of student or employee grievance or disciplinary
6 cases; (iii) substantive rules; (iv) statements and
7 interpretations of policy which have been adopted by a public
8 body; (v) final planning policies, recommendations, and
9 decisions; (vi) factual reports, inspection reports, and
10 studies whether prepared by or for the public body; (vii) all
11 information in any account, voucher, or contract dealing with
12 the receipt or expenditure of public or other funds of public
13 bodies; (viii) the names, salaries, titles, and dates of
14 employment of all employees and officers of public bodies;
15 (ix) materials containing opinions concerning the rights of
16 the state, the public, a subdivision of state or a local
17 government, or of any private persons; (x) the name of every
18 official and the final records of voting in all proceedings
19 of public bodies; (xi) applications for any contract, permit,
20 grant, or agreement except as exempted from disclosure by
21 subsection (g) of Section 7 of this Act; (xii) each report,
22 document, study, or publication prepared by independent
23 consultants or other independent contractors for the public
24 body; (xiii) all other information required by law to be made
25 available for public inspection or copying; (xiv) information
26 relating to any grant or contract made by or between a public
27 body and another public body or private organization; (xv)
28 waiver documents filed with the State Superintendent of
29 Education or the president of the University of Illinois
30 under Section 30-12.5 of the School Code, concerning nominees
31 for General Assembly scholarships under Sections 30-9, 30-10,
32 and 30-11 of the School Code; and (xvi) complaints, results
33 of complaints, and Department of Children and Family Services
34 staff findings of licensing violations at day care
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1 facilities, provided that personal and identifying
2 information is not released; and (xvii) records, reports,
3 forms, writings, letters, memoranda, books, papers, and other
4 documentary information, regardless of physical form or
5 characteristics, having been prepared, or having been or
6 being used, received, possessed, or under the control of the
7 Illinois Sports Facilities Authority dealing with the receipt
8 or expenditure of public funds or other funds of the
9 Authority in connection with the reconstruction, renovation,
10 remodeling, extension, or improvement of all or substantially
11 all of an existing "facility" as that term is defined in the
12 Illinois Sports Facilities Authority Act.
13 (d) "Copying" means the reproduction of any public
14 record by means of any photographic, electronic, mechanical
15 or other process, device or means.
16 (e) "Head of the public body" means the president,
17 mayor, chairman, presiding officer, director, superintendent,
18 manager, supervisor or individual otherwise holding primary
19 executive and administrative authority for the public body,
20 or such person's duly authorized designee.
21 (f) "News media" means a newspaper or other periodical
22 issued at regular intervals, a news service, a radio station,
23 a television station, a community antenna television service,
24 or a person or corporation engaged in making news reels or
25 other motion picture news for public showing.
26 (Source: P.A. 89-681, eff. 12-13-96; 90-144, eff. 7-23-97;
27 90-670, eff. 7-31-98.)
28 Section 40. The Illinois State Auditing Act is amended
29 by changing Section 3-1 as follows:
30 (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
31 Sec. 3-1. Jurisdiction of Auditor General. The Auditor
32 General has jurisdiction over all State agencies to make post
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1 audits and investigations authorized by or under this Act or
2 the Constitution.
3 The Auditor General has jurisdiction over local
4 government agencies and private agencies only:
5 (a) to make such post audits authorized by or under
6 this Act as are necessary and incidental to a post audit
7 of a State agency or of a program administered by a State
8 agency involving public funds of the State, but this
9 jurisdiction does not include any authority to review
10 local governmental agencies in the obligation, receipt,
11 expenditure or use of public funds of the State that are
12 granted without limitation or condition imposed by law,
13 other than the general limitation that such funds be used
14 for public purposes;
15 (b) to make investigations authorized by or under
16 this Act or the Constitution; and
17 (c) to make audits of the records of local
18 government agencies to verify actual costs of
19 state-mandated programs when directed to do so by the
20 Legislative Audit Commission at the request of the State
21 Board of Appeals under the State Mandates Act.
22 In addition to the foregoing, the Auditor General may
23 conduct an audit of the Metropolitan Pier and Exposition
24 Authority, the Regional Transportation Authority, the
25 Suburban Bus Division, the Commuter Rail Division and the
26 Chicago Transit Authority and any other subsidized carrier
27 when authorized by the Legislative Audit Commission. Such
28 audit may be a financial, management or program audit, or any
29 combination thereof.
30 The audit shall determine whether they are operating in
31 accordance with all applicable laws and regulations. Subject
32 to the limitations of this Act, the Legislative Audit
33 Commission may by resolution specify additional
34 determinations to be included in the scope of the audit.
HB1284 Enrolled -49- LRB9103965PTpk
1 In addition to the foregoing, the Auditor General must
2 also conduct a financial audit of the Illinois Sports
3 Facilities Authority's expenditures of public funds in
4 connection with the reconstruction, renovation, remodeling,
5 extension, or improvement of all or substantially all of any
6 existing "facility", as that term is defined in the Illinois
7 Sports Facilities Authority Act.
8 The Auditor General may also conduct an audit, when
9 authorized by the Legislative Audit Commission, of any
10 hospital which receives 10% or more of its gross revenues
11 from payments from the State of Illinois, Department of
12 Public Aid, Medical Assistance Program.
13 The Auditor General is authorized to conduct financial
14 and compliance audits of the Illinois Distance Learning
15 Foundation and the Illinois Conservation Foundation.
16 As soon as practical after the effective date of this
17 amendatory Act of 1995, the Auditor General shall conduct a
18 compliance and management audit of the City of Chicago and
19 any other entity with regard to the operation of Chicago
20 O'Hare International Airport, Chicago Midway Airport and
21 Merrill C. Meigs Field. The audit shall include, but not be
22 limited to, an examination of revenues, expenses, and
23 transfers of funds; purchasing and contracting policies and
24 practices; staffing levels; and hiring practices and
25 procedures. When completed, the audit required by this
26 paragraph shall be distributed in accordance with Section
27 3-14.
28 The Auditor General shall conduct a financial and
29 compliance and program audit of distributions from the
30 Municipal Economic Development Fund during the immediately
31 preceding calendar year pursuant to Section 8-403.1 of the
32 Public Utilities Act at no cost to the city, village, or
33 incorporated town that received the distributions.
34 The Auditor General must conduct an audit of the Health
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1 Facilities Planning Board pursuant to Section 19.5 of the
2 Illinois Health Facilities Planning Act.
3 (Source: P.A. 90-813, eff. 1-29-99; 91-782, eff. 6-9-00.)
4 Section 99. Effective date. This Act takes effect on
5 June 1, 2001.
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