Illinois Compiled Statutes
Chapter 70 - SPECIAL DISTRICTS
70 ILCS 3205/ - Illinois Sports Facilities Authority Act.

(70 ILCS 3205/1) (from Ch. 85, par. 6001)
Sec. 1.
Short title.
This Act may be cited as the Illinois Sports Facilities Authority Act.

(Source: P.A. 91-935, eff. 6-1-01.)
 
(70 ILCS 3205/2) (from Ch. 85, par. 6002)
Sec. 2.
Definitions; general provisions.
In this Act the
following words have the meanings indicated:
(A) "Authority" means the Illinois Sports Facilities Authority.
(B) "Facility" means:
(C) "Governmental Owner" means a body politic, public corporation,
political subdivision, unit of local government, or municipality formed under
the laws of the State of Illinois, including, without limitation, the
Chicago Park District, that owns or is
to own a facility located within the corporate limits of the Authority
described in
Section 11 of this Act and to which the Authority provides financial
assistance.
Where the title to all or any part of a
facility is held by a public building commission because the public building
commission has financed, under the
authority of the Public Building Commission Act, the acquisition of real
estate
or the construction, acquisition, or enlargement of improvements to real
estate,
or both, for any body politic, public corporation, political subdivision, unit
of local government, or municipality formed under the laws of the State of
Illinois,
the term "governmental owner" when used with respect to that
facility means the body politic, public corporation, political
subdivision, unit of local government, or municipality rather than the public
building commission.
(D) "Management Agreement" means a legally binding contract between the
Authority and a tenant of a facility owned by the Authority,
which contains at least the
following provisions:
(E) "Assistance Agreement" means one or more legally binding contracts,
with respect to a facility for which the Authority is to provide financial
assistance as provided in this Act, to which the Authority and a governmental
owner of a facility or its tenant, or both, and any other appropriate persons
are parties, which may be in the form of an
intergovernmental agreement.
(F) "Financial Assistance" means the use by the Authority, pursuant to an
assistance agreement, of its powers under this Act, including, without
limitation, the power to borrow money, to issue bonds and notes, to impose an
occupation tax as provided in Section 19 of this Act and to receive and expend
the proceeds of that tax, to assist a governmental owner or its tenant, or
both, with one or more of the following: designing, developing, establishing,
constructing, erecting, acquiring, repairing, reconstructing, renovating,
remodeling,
adding to, extending, improving, equipping, operating, and maintaining a
facility owned or to be owned by the governmental owner.
(G) "Tenant" means any person with which a governmental owner or the
Authority has entered into an agreement for the use by a professional sports
team or other sports team of any facility. Such an agreement may be a
management agreement or an
assistance agreement or may be a lease of or a license,
permit, or similar agreement with respect to the use of a facility by such team
for such
period as shall be agreed upon by the person and the governmental owner or the
Authority, as the case may be.

(Source: P.A. 91-935, eff. 6-1-01.)
 
(70 ILCS 3205/3) (from Ch. 85, par. 6003)
Sec. 3.
Legislative Finding and Declaration.
It is hereby found that as a result of deteriorating
infrastructure and sports facilities in the metropolitan area of Chicago,
there is a shortage of facilities suitable for use by professional
and other
sports teams and musical, theatrical, cultural, and other social
organizations.
It is further found that as a result of the costs to maintain, repair
or replace such infrastructure and facilities, and as a result of current
high financing costs, the private sector, without the assistance contemplated
in this Act, is unable to construct feasibly adequate sports facilities.
It is further found that the creation of modern sports
facilities and the other results contemplated by this Act would stimulate
economic activity in the State of Illinois, including the creation and
maintenance of jobs, the creation of new and lasting infrastructure and
other improvements, and the attraction and retention of sports and
entertainment events
which generate economic activity.
It is further found that professional sports facilities can be magnets
for substantial interstate tourism resulting in increased retail sales,
hotel and restaurant sales, and entertainment industry sales, all of which
increase jobs and economic growth.
It is further found that only three major league professional baseball
franchises play in stadium facilities the construction of which has not
been government-assisted and of those three the most recently constructed
facility was completed in 1914.
It is further found that government assistance was or is an essential
component in the financing of the construction of most recently built or
planned National Football League stadiums.
It is further found that the exercise by the Authority and governmental
owners of the additional powers conferred by this amendatory Act of the 91st
General Assembly (i) will materially assist the development and redevelopment
of government owned sports facilities and thereby alleviate in part the
deleterious conditions and confer the public benefits described in this Section
and (ii) is in the public interest and is declared to be for public
purposes.

(Source: P.A. 91-935, eff. 6-1-01.)
 
(70 ILCS 3205/4) (from Ch. 85, par. 6004)
Sec. 4.
Creation of Authority.
There is hereby created a political
subdivision, unit of local government, body politic and municipal
corporation by the name and style
of the Illinois Sports Facilities Authority.
The governing and administrative powers of the Authority shall be vested
in a body known as the Illinois Sports Facilities Authority Board.
The Board shall consist of 7 members, a Chairman who shall be appointed by
the Governor subject to the approval of the Mayor of the City of Chicago, 3
members shall be appointed by the Governor and 3 members shall be appointed
by the Mayor of the City of Chicago. All gubernatorial appointments
including the Chairman, shall be subject to the advice and consent of the
Senate, except in the case of temporary appointments as provided in
Section 5 of this Act. No member shall be
employed by the State
or any political subdivision of the State or of any department or agency thereof.

(Source: P.A. 85-8.)
 
(70 ILCS 3205/5) (from Ch. 85, par. 6005)
Sec. 5.
Terms of Appointments.
On the effective date of this Act, the Governor shall appoint 3 members of
the Board for initial terms expiring July 1 of the years 1988, 1989 and
1990, respectively and the Mayor of the City of Chicago shall appoint 3
members of the Board for initial terms expiring July 1 of the years 1988,
1989 and 1990, respectively. At the expiration of the term of any member
appointed by the Governor, his successor shall be appointed by the Governor
in like manner, and at the expiration of the term of any member appointed
by the Mayor of the City of Chicago, his successor shall be appointed by
the Mayor of the City of Chicago in like manner, as appointments for the initial terms.
All successors shall hold office for a term of 3 years from the first day
of July of the year in which they are appointed, except in case of an
appointment to fill a vacancy.
The initial Chairman shall serve in that capacity for a term expiring July
1, 1991. All subsequent Chairmen shall hold office for a term of 3 years.
Each member, including the Chairman, shall hold office until the
expiration of his term and until his successor is appointed and qualified.
Nothing shall preclude a member or a chairman from serving consecutive
terms.
Vacancies for members and for the Chairman shall be filled in the same manner
as original appointments for the balance of the unexpired term.
In case of a vacancy in the office of the chairman or of any of the
three members of the Board appointed by the Governor during the recess of
the Senate, the Governor shall make a temporary appointment until the next
meeting of the Senate, when he shall appoint some person to fill such
office. Any person so appointed who is confirmed by the Senate shall hold
office during the remainder of the term and until his successor is
appointed and qualified. The initial appointments by the Governor,
including the chairman, shall be effective immediately, but shall remain in
effect no longer than 30 calendar days after commencement of the next Senate session
unless the appointee is confirmed by the Senate within that time. The
appointment of the initial chairman by the Governor shall be subject to
the approval of the Mayor of the City of Chicago.

(Source: P.A. 85-8.)
 
(70 ILCS 3205/6) (from Ch. 85, par. 6006)
Sec. 6.
Actions of Members.
(A) Four members of the Authority constitute
a quorum for the purpose of conducting business. Actions of the Authority
must receive the affirmative vote of at least four members. The Authority
shall determine the times and places of its meetings. The members of the
Authority shall serve without compensation for service as a member, but are
entitled to reimbursement of reasonable expenses incurred in the
performance of their official duties.
(B) The Authority shall annually elect a secretary and a treasurer.
An executive committee made up of three members, comprised of the Chairman,
one member who was appointed by the Governor and one member who was
appointed by the Mayor of Chicago shall have the authority to operate
the Authority on a day-to-day basis, with the powers and duties determined
by the Bylaws of the Authority.

(Source: P.A. 85-8.)
 
(70 ILCS 3205/7) (from Ch. 85, par. 6007)
Sec. 7.
Executive Director.
The Authority shall appoint an
Executive Director, who is the chief executive officer of the Authority.
In addition to any other duties set forth in this Act, the Executive Director shall:
(1) Direct and supervise the administrative affairs and activities of
the Authority, in accordance with its rules, regulations, and policies;
(2) Attend meetings of the Authority;
(3) Keep minutes of all proceedings of the Authority;
(4) Approve all accounts for salaries, per diem payments, and allowable
expenses of the Authority and its employees and consultants and approve all
expenses incidental to the operation of the Authority;
(5) Report and make recommendations to the Authority on the merits and
status of any proposed facility; and
(6) Perform any other duty that the Authority requires for carrying out
the provisions of this Act.

(Source: P.A. 84-1470.)
 
(70 ILCS 3205/7.8)
Sec. 7.8.
Illinois Sports Facilities Authority Advisory Board.
(a) There is created the Illinois Sports Facilities Authority
Advisory Board composed of 12 members who are members of the General Assembly
and who are appointed 3 each by the President of the Senate, the Minority
Leader of the Senate, the Speaker of the House of Representatives, and the
Minority Leader of the House of Representatives.
(b) Members of the Advisory Board shall serve
as long as
they hold their designated elected positions. Vacancies shall be filled by
appointment for the unexpired term in the same manner as original
appointments are made. The Advisory Board shall elect
its own chairperson.
(c) Members of the Advisory Board shall serve without
compensation but, at the Authority's discretion, shall be reimbursed for
necessary expenses in connection with the performance of their duties.
(d) The Advisory Board shall meet quarterly, or as needed,
shall produce any reports it deems necessary, and shall do the following:
(e) Notwithstanding the provisions of subsection (b), the Advisory Board is
dissolved (i) on January 1, 2004 or (ii) 6 months after 90 days after the first
professional football game is played in the facility in connection with which
the Authority provided financial assistance pursuant to an assistance agreement
under this Act, whichever is later.

(Source: P.A. 91-935, eff. 6-1-01.)
 
(70 ILCS 3205/8) (from Ch. 85, par. 6008)
Sec. 8.
Powers.
In addition to the powers set forth elsewhere in this
Act, the Authority may:
The Authority may not construct or enter into a contract to construct
more than one new stadium facility
and may not enter into
assistance agreements providing for the reconstruction, renovation, remodeling,
extension, or improvement of all or substantially all of more than one
existing facility
unless authorized by law.
The Authority may adopt such rules pursuant to the Illinois
Administrative Procedure Act as are necessary to carry out those powers and
duties conferred by this Act. The Authority may initially adopt, by
January 1, 1989, such rules as emergency rules in accordance with the
provisions of Section 5-45 of the Illinois Administrative
Procedure Act. For purposes of the Illinois Administrative Procedure Act, the
adoption of the initial rules shall be deemed to be an emergency and necessary
for the public interest, safety and welfare.

(Source: P.A. 91-935, eff. 6-1-01.)
 
(70 ILCS 3205/9) (from Ch. 85, par. 6009)
Sec. 9. Duties. In addition to the powers set forth elsewhere in
this Act, subject to the terms of any agreements with the holders of the
Authority's bonds or notes, the Authority shall:
In connection with any assistance agreement with a governmental owner that
provides financial assistance for a facility to be used by a National Football
League team, the assistance agreement shall provide that the Authority or
its agent shall enter into the contract or contracts for the design and
construction services or design/build services for such facility and thereafter
transfer its rights and obligations under the contract or contracts to the
governmental
owner of the facility. In seeking parties to provide design and construction
services or design/build services with respect to such facility, the Authority
may use such procurement procedures as it may determine, including, without
limitation, the selection of design professionals and construction managers or
design/builders as may be required by a team that is at risk, in whole or in
part, for the cost of design and construction of the facility.
An assistance agreement may not provide, directly or indirectly, for the
payment to the Chicago Park District of more than a total of $10,000,000 on
account of the District's loss of property or revenue in connection with the
renovation of a facility pursuant to the assistance agreement.

(Source: P.A. 100-391, eff. 8-25-17.)
 
(70 ILCS 3205/10) (from Ch. 85, par. 6010)
Sec. 10.
Reporting.
(1) Promptly following entering
into a management agreement or an assistance agreement involving a new
facility or facility site, the Authority shall submit a detailed written
report and findings of the Authority with respect to
the proposed management agreement or assistance agreement to the General
Assembly.
(2) The report and findings of the Authority shall include:
(Source: P.A. 91-935, eff. 6-1-01.)
 
(70 ILCS 3205/11) (from Ch. 85, par. 6011)
Sec. 11.
Territory.
The corporate limits of
the Authority shall be coterminous with the
boundaries of the City of Chicago.
Facilities constructed by the Authority or for which the Authority provides
financial assistance may be located only within the corporate limits of the
Authority.

(Source: P.A. 91-935, eff. 6-1-01.)
 
(70 ILCS 3205/12) (from Ch. 85, par. 6012)
Sec. 12. Acquisition of property. The Authority may acquire in
its own name, by gift or purchase, any real or personal
property, or interests in real or personal property, necessary or
convenient to carry out its corporate purposes.
The Authority may acquire by eminent domain, by complaint filed
before July 1, 1991 pursuant to Article VII of the Code of Civil Procedure (now the Eminent Domain Act),
and the Authority may acquire by
immediate vesting of title, commonly referred to as "quick take", pursuant
to Sections 7-103 through 7-112 of the Code of Civil Procedure (now Article 20 of the Eminent Domain Act), real or personal property or interests in real or personal
property located within any of the following described parcels:
Parcel A:
That property located within the City of Chicago bounded by 33rd Street
on the North, Normal Street on the West, 35th Street on the South and the
Western most part of the right-of-way of the Chicago and Western Indiana
R.R. on the East.
Parcel B:
That property located within the City of Chicago bounded by 33rd Street on
the North, the Eastern most part of the right-of-way of the Conrail R.R. on
the West, 37th Street on the South and Wentworth Avenue on the East with
the exception of the following: Lots 1 to 10, inclusive, and Lot 13 in
Le Moyne's Subdivision of the South 1/2 of Block 19 of Canal Trustees'
Subdivision of Section 33, Township 39 North, Range 14, East of the Third
Principal Meridian, together with those parts of the East 1/2 of the
vacated North and South 16 foot alley in said subdivision lying West of and
adjoining said lots;
also excepting
Lots 42, 43, 44 and 45 in Le Moyne's Subdivision aforesaid together with
the North 1/2 of the vacated East and West 16 foot alley in said
subdivision lying South of and adjoining said Lot 45, and also those parts
of the West 1/2 of the vacated North and South 16 foot alley in said
subdivision lying East of and adjoining said Lots 42, 43, 44 and 45 and the
North 1/2 of the vacated East and West 16 foot alley lying South of and
adjoining said Lot 45;
also excepting

Lots 14 to 23, inclusive, and Lot 24 (except the North 16 feet thereof)
in Le Moyne's Subdivision of the South 1/2 of Block 19 of Canal Trustees'
Subdivision of Section 33, Township 39 North, Range 14, East of the Third
Principal Meridian, together with those parts of the East 1/2 of the
vacated North and South 16 foot alley in said subdivision lying West of and
adjoining said lots and part of lot;
also excepting

Lots 27 to 37, inclusive, in Le Moyne's Subdivision aforesaid together
with that part of the South 1/2 of the vacated East and West 8 foot alley
in said subdivision lying North of and adjoining said Lot 27, and also
those parts of the West 1/2 of the vacated North and South 16 foot alley
said subdivision lying East of and adjoining said Lots 28 to 37, inclusive,
and that part of said Lot 27 lying South of the South line of the North 16
feet of Lot 24 in said subdivision extended West, all in Cook County, Illinois.
Parcel C:
That property located within the City of Chicago bounded by 37th Street
on the North, the Eastern most part of the right-of-way of the Conrail R.R.
on the West, 39th Street on the South and Princeton Ave on the East.
Provided, however, that the Authority shall not have the power to acquire
by eminent domain any property located within Parcel A, Parcel B or Parcel
C which was, on January 1, 1987, owned, leased, used or occupied by
the City of Chicago, the Chicago Board of Education, the Chicago Housing
Authority, the Chicago Park District, or any other public body.

(Source: P.A. 94-1055, eff. 1-1-07.)
 
(70 ILCS 3205/12.1)
Sec. 12.1. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.

(Source: P.A. 94-1055, eff. 1-1-07.)
 
(70 ILCS 3205/13) (from Ch. 85, par. 6013)
Sec. 13. Bonds and notes.
(A) (1) The Authority may at any time and
from time to time issue bonds and notes for any corporate purpose,
including the establishment of reserves and the payment of interest and
costs of issuance. In this Act the term "bonds" includes notes of any
kind, interim certificates, refunding bonds, or any other evidence of
obligation for borrowed money issued under this Section 13. Bonds may be
issued in one or more series and may be payable and secured either on a
parity with or separately from other bonds.
(2) The bonds of any issue shall be payable solely from all or any part
of the property or
revenues of the Authority, including, without limitation:
(3) Bonds may be authorized by a resolution of the Authority and may
be secured by a trust agreement by and between the Authority and a
corporate trustee or trustees, which may be any trust company or bank
having the powers of a trust company within or without the State. Bonds may:
(B) Any resolution or trust agreement may contain provisions which shall
be a part of the contract with the holders of the bonds as to:
(C) No member of the Authority nor any person executing the bonds shall
be liable personally on the bonds or subject to any personal liability by
reason of the issuance of the bonds.
(D) The Authority may enter into agreements with agents, banks,
insurers, or others for the purpose of enhancing the marketability of or
security for its bonds.
(E) (1) A pledge by the Authority of revenues and receipts as security
for an issue of bonds or for the performance of its obligations under any
management agreement or assistance agreement shall be valid and binding
from
the time when the pledge is made.
(2) The revenues and receipts pledged shall immediately be subject
to the lien of the pledge without any physical delivery or further act, and
the lien of any pledge shall be valid and binding against any person having
any claim of any kind in tort, contract or otherwise against the Authority,
irrespective of whether the person has notice.
(3) No resolution, trust agreement, management agreement or assistance
agreement or any financing statement, continuation statement, or other
instrument adopted or entered into by the Authority need be filed or recorded
in any public record other than the records of the Authority in order to
perfect the lien against third persons, regardless of any contrary provision of
law.
(F) The Authority may issue bonds to refund, advance refund or
refinance any of its bonds then outstanding, including the payment of any
redemption premium and any interest accrued or to accrue to the earliest or
any subsequent date of redemption, purchase or maturity of the bonds.
Refunding or advance refunding bonds may be
issued for the public purposes of realizing savings in the effective costs
of debt service, directly or through a debt restructuring, for alleviating
impending or actual default, or for paying principal of, redemption
premium, if any, and interest on bonds as they mature or are subject to
redemption, and may be issued in one or more series in an
amount in excess of that of the bonds to be refunded.
(G) At no time shall the total outstanding bonds and notes of the
Authority issued under this Section 13 exceed (i)
$150,000,000 in connection with facilities owned by the Authority or in connection with other authorized corporate purposes of the Authority and (ii)
$399,000,000 in connection with facilities owned by a governmental owner other
than the Authority; however, the limit on the total outstanding bond and notes set forth in this sentence shall not apply to any refunding or restructuring bonds issued by the Authority on and after the effective date of this amendatory Act of the 102nd General Assembly but prior to December 31, 2024. Bonds
which are being paid or retired by issuance, sale or
delivery of bonds or notes, and bonds or notes for which sufficient funds
have been deposited with the paying agent or trustee to provide for payment of
principal and interest thereon, and any redemption premium, as provided in
the authorizing resolution, shall not be considered outstanding for the
purposes of this paragraph.
(H) The bonds and notes of the Authority shall not be indebtedness of
the City of Chicago, of the State, or of any political subdivision of the
State other than the Authority. The bonds and notes of the Authority are
not general obligations of the State of Illinois or the City of Chicago, or
of any other political subdivision of the State other than the Authority,
and are not secured by a pledge of the full faith and credit of the State
of Illinois or the City of Chicago, or of any other political subdivision of
the State other than the Authority, and the holders of bonds and notes of
the Authority may not require the levy or imposition by the State or the
City of Chicago, or any other political subdivision of the State other than
the Authority, of any taxes or, except as provided in this Act, the
application of revenues or funds of the State of Illinois or the City of
Chicago or any other political subdivision of the State other than the
Authority to the
payment of bonds and notes of the Authority.
(I) In order to provide for the payment of debt service requirements
(including amounts for reserve funds and to pay the costs of credit
enhancements) on bonds issued pursuant to this Act, the Authority may
provide in any trust agreement securing such bonds for a pledge and
assignment of its right to all amounts to be received from the Illinois
Sports Facilities Fund and for a pledge and assignment (subject to the
terms of any management agreement or assistance agreement) of all taxes and
other amounts to be
received under Section 19 of this Act and may further provide by written
notice to the State Treasurer and State Comptroller
(which notice shall constitute a direction to those officers) for a direct
payment of these amounts to the trustee for its bondholders.
(J) The State of Illinois pledges to and agrees with the holders of
the bonds and notes of the Authority issued pursuant to this Act that the
State will not limit or alter the rights and powers vested in the Authority
by this Act so as to impair the terms of any contract made by the Authority
with such holders or in any way impair the rights and remedies of such
holders until such bonds and notes, together with interest thereon, with
interest on any unpaid installments of interest, and all costs and expenses
in connection with any action or proceedings by or on behalf of such
holders, are fully met and discharged. In addition, the State pledges to
and agrees with the holders of the bonds and notes of the Authority issued
pursuant to this Act that the State will not limit or alter the basis on
which State funds are to be allocated, deposited and paid to the Authority
as provided in this Act, or the use of such funds, so as to impair the
terms of any such contract. The Authority is authorized to include these
pledges and agreements of the State in any contract with the holders of
bonds or notes issued pursuant to this Section. Nothing in this amendatory Act of the 102nd General Assembly is intended to limit or alter the rights and powers of the Authority so as to impair the terms of any contract made by the Authority with the holders of the bonds and notes of the Authority issued pursuant to this Act.

(Source: P.A. 102-16, eff. 6-17-21.)
 
(70 ILCS 3205/14) (from Ch. 85, par. 6014)
Sec. 14.
Legality for Investment.
Any financial institution,
investment company, insurance company or association, and any personal
representative, guardian, trustee or other fiduciary, may legally invest
any monies belonging to them or within their control in any bonds issued by the Authority.

(Source: P.A. 84-1470.)
 
(70 ILCS 3205/15) (from Ch. 85, par. 6015)
Sec. 15.
Tax Exemption.
(A) Neither the Authority nor any governmental owner of a
facility or
that governmental owner's tenant shall be required to pay
property taxes on any facility, nor shall the interest of
a tenant in any facility either owned by the Authority or owned by any
governmental owner to which the Authority has provided financial assistance
be subject to property taxes.
(B) Bonds issued by the Authority, their transfer, the interest
payable
on them, and any income derived from them shall be exempt from income taxes or
from taxation by any political subdivisions, municipal
corporations or public agencies of any kind of this State.
For purposes of Section 250 of the Illinois Income Tax Act, the exemption
of the income from bonds issued by the Authority shall terminate after all of
the bonds have been paid.
The amount of such income that shall be added and then subtracted on the
Illinois income tax return of a taxpayer, pursuant to Section 203 of the
Illinois Income Tax Act, from federal adjusted gross income or federal taxable
income in computing Illinois base income shall be the interest net of any bond
premium amortization.

(Source: P.A. 91-935, eff. 6-1-01.)
 
(70 ILCS 3205/16) (from Ch. 85, par. 6016)
Sec. 16.

Members or Employees of Authority; Conflicting Relations or
Interests; Effect. No members or employees of the Authority shall be
employed
by, be an officer or director of, or have any ownership interest in any
corporation or entity which is or is to be a party to a management
agreement or assistance agreement with the
Authority under this Act or which is a tenant of any facility for which
financial assistance is or is to be provided under this Act. No monies of
the Authority shall be deposited in
any financial institution in which any officer, director or holder of a
substantial proprietary interest is also a member or employee of the
Authority. No real estate to which a member or employee of the Authority
holds legal title or in which such person had any beneficial interest,
including any interest in a land trust, shall be purchased by the Authority
or by a corporation or entity for a facility to be financed under this Act.
All members and employees of the Authority shall file annually with the
Authority a record of all real estate in this
State to which such person holds legal title or in which such person has
any beneficial interest, including any interest in a land trust. In the
event it is later disclosed that the Authority has purchased real estate in
which a member or employee had an interest, such purchase shall be voidable
by the Authority and the member or employee involved shall be disqualified
from membership in or employment by the Authority.

(Source: P.A. 91-935, eff. 6-1-01.)
 
(70 ILCS 3205/17) (from Ch. 85, par. 6017)
Sec. 17.

Members or Employees of Authority - Conflicting Relations or
Interests - Effects.
(A) In addition to the prohibitions of Section 16 of this Act, no member
of the Authority or officer, agent or
employee thereof shall, in his or her own name or in the name of a nominee, be
an officer, director or hold an ownership interest of more than 7 1/2% in any
person, association, trust, corporation, partnership or other entity which
is, in its own name or in the name of a nominee, a party to a contract or
agreement upon which the member or officer, agent or employee may be called
upon to act or vote.
(B) With respect to any direct or any indirect interest, other than an
interest prohibited in subsection (A) of this Section or Section 16 of this
Act, in a
contract or agreement upon
which the member or officer, agent or employee may be called upon to act or
vote, a member of the Authority or officer, agent or employee thereof shall
disclose the same to the secretary of the Authority prior to the taking of
final action by the Authority concerning such contract or agreement and
shall so disclose the nature and extent of such interest and his or her
acquisition thereof, which disclosures shall be publicly acknowledged by
the Authority and entered upon the minutes of the Authority. If a member
of the Authority or officer, agent or employee thereof holds such an
interest then he or she shall refrain from any further official involvement
in regard to such contract or agreement, from voting on any matter
pertaining to such contract or agreement, and from communicating with other
members of the Authority or its officers, agents and employees concerning
said contract or agreement. Notwithstanding any other provision of law,
any contract or agreement entered into in conformity with this subsection
(B) shall not be void or invalid by reason of the interest described in
this subsection, nor shall any person so disclosing the interest and
refraining from further official involvement as provided in this subsection
be guilty of an offense, be removed from office or be subject to any other
penalty on account of such interest.
(C) Any contract or agreement made in violation of subsections (A) or (B)
of this Section shall be null and void and give rise to no action against
the Authority.

(Source: P.A. 91-935, eff. 6-1-01.)
 
(70 ILCS 3205/18) (from Ch. 85, par. 6018)
Sec. 18. Records and Reports of the Authority. The secretary shall keep a
record of the proceedings of the Authority. The treasurer of the Authority
shall be custodian of all Authority funds, and shall be bonded in such
amount as the other members of the Authority may designate. The accounts
and books of the Authority shall be set up and maintained in a manner
approved by the Auditor General, and the Authority shall file with the
Auditor General a certified annual report within 120 days after the close
of its fiscal year. The Authority shall also file with the Governor, the
Secretary of the Senate, the Clerk of the House of Representatives, the
Commission on Government Forecasting and Accountability, by March 1 of each year, a written
report covering its activities for the previous fiscal year and so filed,
such report shall be a public record and open for inspection at the offices
of the Authority during normal business hours.

(Source: P.A. 93-1067, eff. 1-15-05.)
 
(70 ILCS 3205/19) (from Ch. 85, par. 6019)
Sec. 19.
Tax.
The Authority may impose an occupation tax
upon all persons engaged in the City of Chicago in the business of renting,
leasing or letting rooms in a hotel, as defined in The Hotel Operators'
Occupation Tax Act, at a rate not to exceed 2% of the gross rental
receipts from the renting, leasing or letting of hotel rooms located within
the City of Chicago, excluding, however, from gross rental receipts, the
proceeds of such renting, leasing or letting to permanent residents of that
hotel and proceeds from the tax imposed under subsection (c) of Section
13 of the Metropolitan Pier and Exposition Authority Act.
The tax imposed by the Authority pursuant to this Section and all civil
penalties that may be assessed as an incident thereof shall be collected and
enforced by the State Department of Revenue. The certificate of registration
which is issued by the Department to a lessor under The Hotel Operators'
Occupation Tax Act shall permit such registrant to engage in a business
which is taxable under any ordinance or resolution enacted pursuant to this
Section without registering separately with the Department under such ordinance
or resolution or under this Section. The Department shall have full power
to administer and enforce this Section; to collect all taxes and penalties
due hereunder; to dispose of taxes and penalties so collected in the manner
provided in this Section, and to determine all rights to credit memoranda,
arising on account of the erroneous payment of tax or penalty hereunder.
In the administration of, and compliance with, this Section, the Department
and persons who are subject to this Section shall have the same rights,
remedies, privileges, immunities, powers and duties, and be subject to the
same conditions, restrictions, limitations, penalties and definitions of
terms, and employ the same modes of procedure, as are prescribed in The
Hotel Operators' Occupation Tax Act (except where that Act is inconsistent
herewith), as the same is now or may hereafter be amended, as fully as if
the provisions contained in The Hotel Operators' Occupation Tax Act were
set forth herein.
Whenever the Department determines that a refund should be made under this
Section to a claimant instead of issuing a credit memorandum, the Department
shall notify the State Comptroller, who shall cause the warrant to be drawn
for the amount specified, and to the person named, in such notification
from the Department. Such refund shall be paid by the State Treasurer out
of the amounts held by the State Treasurer as trustee for the Authority.
Persons subject to any tax imposed pursuant to authority granted by this
Section may reimburse themselves for their tax liability for such tax by
separately stating such tax as an additional charge, which charge may be
stated in combination, in a single amount, with State tax imposed under
The Hotel Operators' Occupation Tax Act, the municipal tax imposed
under Section 8-3-13 of the Illinois Municipal Code, and the tax imposed
under Section 13 of the Metropolitan Pier and Exposition Authority Act.
The Department shall forthwith pay over to the State Treasurer,
ex-officio, as trustee for the Authority, all taxes and penalties collected
hereunder for deposit in a trust fund outside the State Treasury. On or
before the 25th day of each calendar month, the Department shall certify to
the Comptroller the amount to be paid to or on behalf of the Authority from
amounts collected hereunder by the Department, and deposited into such
trust fund during the second preceding calendar month. The amount to be
paid to or on behalf of the Authority shall be the amount (not including
credit memoranda) collected hereunder during such second preceding calendar
month by the Department, less an amount equal to the amount of refunds
authorized during such second preceding calendar month by the Department on
behalf of the Authority, and less 4% of such balance, which sum shall be
retained by the State Treasurer to cover the costs incurred by the
Department in administering and enforcing the provisions of this Section,
as provided herein. Each such monthly certification by the Department
shall also certify to the Comptroller the amount to be so retained by the
State Treasurer for payment into the General Revenue Fund of the State
Treasury.
Each monthly certification by the Department shall certify, of the
amount paid to or on behalf of the Authority, (i) the portion to be paid to
the Authority, (ii) the portion to be paid into the General Revenue
Fund
of the State Treasury on behalf of the Authority as repayment of amounts
advanced to the Authority pursuant to appropriation from the
Illinois
Sports Facilities Fund.
With respect to each State fiscal year, of the total amount to be paid to
or on behalf of the Authority, the Department shall certify that payments
shall first be made directly to the Authority in an amount equal to any
difference between the annual amount certified by the Chairman of the
Authority pursuant to Section 8.25-4 of the State Finance Act and the
amount appropriated to the Authority from the Illinois Sports Facilities
Fund. Next, the Department shall certify that payment shall be made into
the General Revenue Fund of the State Treasury in an amount equal to the
difference between (i) the lesser of (x) the amount appropriated from the
Illinois Sports Facilities Fund to the Authority and (y) the annual amount
certified by the Chairman of the Authority pursuant to Section 8.25-4 of
the State Finance Act and (ii) $10,000,000.
The Department shall certify
that all additional amounts shall be paid to the Authority and used for its
corporate purposes.
Within 10 days after receipt, by the Comptroller, of the Department's
monthly certification of amounts to be paid to or on behalf of the
Authority and amounts to be paid into the General Revenue Fund, the
Comptroller shall cause the warrants to be drawn for the respective amounts
in accordance with the directions contained in such certification.
Amounts collected by the Department and paid to the Authority pursuant
to this Section shall be used for the corporate purposes of the Authority.
On June 15, 1992 and on each June 15 thereafter, the Authority shall repay
to the State Treasurer all amounts paid to it under this Section and
otherwise remaining available to the Authority after providing for (i)
payment of principal and interest on, and other payments related to, its
obligations issued or to be issued under Section 13 of the Act, including
any deposits required to reserve funds created under any indenture or
resolution authorizing issuance of the obligations and payments to providers
of credit enhancement, (ii) payment of obligations under the provisions of
any management agreement with respect to a facility or facilities owned by
the Authority or of any assistance agreement with respect to any facility for
which financial assistance is provided under this Act, and payment of other
capital and operating expenses of the
Authority, including any deposits required to reserve funds created for
repair and replacement of capital assets and to meet the obligations of the
Authority under any management agreement or assistance agreement. Amounts
repaid by the Authority
to the State Treasurer hereunder shall be treated as repayment of amounts
deposited into the Illinois Sports Facilities Fund and credited to the
Subsidy Account and used for the corporate purposes of the Authority.
The State Treasurer shall deposit $5,000,000 of
the amount received into the General Revenue Fund; thereafter, at the
beginning of each fiscal year the State Treasurer shall
certify to the State Comptroller for all prior fiscal years the cumulative
amount of any deficiencies in repayments to the City of Chicago of amounts in
the Local Government Distributive Fund that would otherwise have been allocated
to the City of Chicago under the State Revenue Sharing Act but instead were
paid into the General Revenue Fund under Section 6 of the Hotel Operators'
Occupation Tax Act and that have not been reimbursed, and the Comptroller
shall, during the fiscal
year at the beginning of which the certification was made, cause warrants to be
drawn from the amount received for the repayment of that cumulative amount to
the City of Chicago until
that cumulative amount has been fully reimbursed; thereafter, the State
Treasurer shall deposit the
balance of the amount received into the trust fund established outside the
State Treasury under
subsection (g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act.
Nothing in this Section shall be construed to authorize the Authority
to impose a tax upon the privilege of engaging in any business which under
the constitution of the United States may not be made the subject of taxation
by this State.
An ordinance or resolution imposing or discontinuing a tax hereunder or
effecting a change in the rate thereof shall be effective on the first day
of the second calendar month next following the month in which the
ordinance or resolution is passed.
If the Authority levies a tax authorized by this Section it shall
transmit to the Department of Revenue not later than 5 days after the
adoption of the ordinance or resolution a certified copy of the ordinance
or resolution imposing such tax whereupon the Department of Revenue shall
proceed to administer and enforce this Section on behalf of the Authority.
Upon a change in rate of a tax levied hereunder, or upon the discontinuance
of the tax, the Authority shall not later than 5 days after the effective
date of the ordinance or resolution discontinuing the tax or effecting a
change in rate transmit to the Department of Revenue a certified copy of
the ordinance or resolution effecting such change or discontinuance.

(Source: P.A. 91-935, eff. 6-1-01.)
 
(70 ILCS 3205/20) (from Ch. 85, par. 6020)
Sec. 20.
No Impairment of Management Agreement or Assistance Agreement.

The State of Illinois
pledges to and agrees with any tenant under any management agreement
entered into by the Authority with respect to a facility and any governmental
owner of a facility with which the
Authority has entered into an assistance agreement with respect to such
facility and, if applicable, its tenant
that the
State will not limit or alter the rights and powers vested in the Authority
by this Act so as to impair the terms of any such management agreement or
assistance agreement or
in any way impair the rights and remedies of such tenant or governmental
owner
or its tenant so long as the tenant or governmental owner or its tenant
is not in default thereunder. In addition, the State pledges to and agrees
with such tenant, any governmental owner of a facility, and its tenant, if
applicable, that the State will not limit the basis on which State funds
are to be allocated, deposited and paid to the Authority, or the use of
such funds, so as to impair the terms of any such management agreement or
assistance agreement.
The Authority is authorized to include this pledge and agreement of the
State in each management agreement and assistance agreement.

(Source: P.A. 91-935, eff. 6-1-01.)
 
(70 ILCS 3205/21) (from Ch. 85, par. 6021)
Sec. 21.

Notwithstanding any other provision of law, the Governor may
allocate any volume cap available to the State or any of its agencies under
the Internal Revenue Code of 1986, as now or hereafter amended, including
any amounts carried forward by the State or any of its agencies with
respect to stadiums, to the Illinois Sports Facilities Authority, and the
Authority may carry forward any amount allocated to it by the Governor or
by any home rule unit.

(Source: P.A. 85-1034.)
 
(70 ILCS 3205/22) (from Ch. 85, par. 6022)
Sec. 22.

If the Authority has not entered into a management agreement,
pursuant to Section 9 of this Act, with a major league professional
baseball franchise before September 1, 1988, the Authority and any tax
imposed pursuant to this Act shall be abolished September 1, 1988.

(Source: P.A. 85-1034.)

Structure Illinois Compiled Statutes