093_HB1117

                                     LRB093 07539 MKM 07714 b

 1        AN ACT concerning parks and sports facilities.

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

 4        Section  5.   The Chicago Park District Act is amended by
 5    changing Section 15d as follows:

 6        (70 ILCS 1505/15d)
 7        Sec. 15d.   Assistance  agreements;  facilities;  private
 8    seat  licenses; naming rights.  In addition to the powers and
 9    authority now possessed by  it,  the  Chicago  Park  District
10    shall have the power and authority:
11             (1)  to enter into and perform its obligations under
12        one  or  more "assistance agreements" with respect to any
13        "facility" of which the  Chicago  Park  District  is  the
14        "governmental  owner",  as each of those terms is defined
15        in the Illinois Sports Facilities Authority Act,  and  to
16        enter  into  and  perform  its  obligations  under  other
17        contracts related thereto, upon such terms and conditions
18        as may be determined by the Chicago Park District;
19             (2)  to enter into and perform its obligations under
20        a lease, license, or agreement with a professional sports
21        team  or  other sports team with respect to a "facility",
22        as that term is defined in the Illinois Sports Facilities
23        Authority Act, upon such terms and conditions as  may  be
24        determined by the Chicago Park District;
25             (3)  to  sell,  convey,  lease, or grant a permit or
26        license with respect to, or authorize another  person  on
27        its  behalf  to sell, convey, lease, or grant a permit or
28        license with respect to: (A) the  right  to  use  or  the
29        right  to  purchase tickets to use, or any other interest
30        in, any seat or area within a "facility", as that term is
31        defined in the Illinois Sports Facilities Authority  Act,
 
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 1        (B)  the right to name or place advertising in all or any
 2        part of such a facility, or (C) any  intangible  personal
 3        property  rights, including intellectual property rights,
 4        appurtenant to any such facility; and to enter  into  and
 5        perform  its  obligations  with  respect to any contract,
 6        understanding, agreement, or arrangement related thereto,
 7        upon such terms and conditions as may  be  determined  by
 8        the Chicago Park District;
 9             (4)  to  accept  the  transfer  of  and  assume  the
10        obligations under a contract or contracts entered into by
11        the   "Authority"   or  its  agent  for  the  design  and
12        construction services  or  design/build  services  for  a
13        "facility",  as each such term is defined in the Illinois
14        Sports Facilities Authority Act, and exercise such rights
15        and perform such obligations thereunder without regard to
16        the  procedures,  regulations  and   laws   which   would
17        otherwise  have  been  applicable  to  the  Chicago  Park
18        District had the Chicago Park District originally entered
19        into such contract or contracts; and
20             (5)  to   enter  into  leases,  license  agreements,
21        permit agreements or other  agreements  with  respect  to
22        parking  facilities,  concessions,  restaurants and other
23        facilities providing goods and  services  relating  to  a
24        "facility"  of  which  the  Chicago  Park District is the
25        "governmental owner", as each such term is defined in the
26        Illinois Sports Facilities Authority Act, upon such terms
27        and conditions as may be determined by the  Chicago  Park
28        District.
29    (Source: P.A. 91-935, eff. 6-1-01.)

30        Section 10.  The Illinois Sports Facilities Authority Act
31    is amended by changing Section 8 as follows:

32        (70 ILCS 3205/8) (from Ch. 85, par. 6008)
 
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 1        Sec.  8.  Powers.  In  addition  to  the powers set forth
 2    elsewhere in this Act, the Authority may:
 3             (1)  Adopt and alter an official seal;
 4             (2)  Sue and be sued, plead and be impleaded, all in
 5        its own name, and agree to  binding  arbitration  of  any
 6        dispute to which it is a party;
 7             (3)  Adopt  bylaws,  rules, and regulations to carry
 8        out the provisions of this Section;
 9             (4)  Maintain an office or offices at such place  as
10        the Authority may designate;
11             (5)  Employ,   either   as   regular   employees  or
12        independent    contractors,    consultants,    engineers,
13        architects, accountants,  attorneys,  financial  experts,
14        construction   experts  and  personnel,  superintendents,
15        managers and other professional personnel, and such other
16        personnel as may be necessary  in  the  judgment  of  the
17        Authority, and fix their compensation;
18             (6)  Determine  the  locations  of, develop, design,
19        establish,  construct,  erect,  acquire,   own,   repair,
20        reconstruct,  renovate, remodel, add to, extend, improve,
21        equip, operate, regulate  and  maintain  facilities,  and
22        provide  financial  assistance  to governmental owners or
23        their  tenants,  or  both,  pursuant  to  an   assistance
24        agreement to do the foregoing, in each case to the extent
25        necessary to accomplish the purposes of the Authority;
26             (7)  Acquire,  hold,  lease  as lessor or as lessee,
27        use, encumber, transfer, or dispose of real and  personal
28        property,  including  the  alteration of or demolition of
29        improvements to real estate;
30             (8)  Enter into contracts of any kind;
31             (9)  Regulate the use and  operation  of  facilities
32        that are developed under the provisions of this Act;
33             (10)  Enter  into  one or more management agreements
34        which conform to the requirements of this Act  and  which
 
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 1        may  contain  such  provisions  as  the  Authority  shall
 2        determine,  including, without limitation, (i) provisions
 3        allocating receipts from rents, rates, fees  and  charges
 4        for  use  of  the  facility  or  for services rendered in
 5        connection with the facility between  the  Authority  and
 6        the tenant of the facility; (ii) provisions providing for
 7        or  limiting  payments  to  the  Authority for use of the
 8        facility based on levels of attendance  or  receipts,  or
 9        both   attendance   and  receipts,  of  the  tenant  from
10        admission  charges,  parking  concessions,   advertising,
11        radio  and television and other sources; (iii) provisions
12        obligating the Authority to make payments to  the  tenant
13        with  respect  to  expenses  of  routine  maintenance and
14        operation of any facility and operating expenses  of  the
15        tenant   with  respect  to  use  of  the  facility;  (iv)
16        provisions requiring  the  Authority  to  pay  liquidated
17        damages to the tenant for failure of timely completion of
18        construction   of   any   new  facility;  (v)  provisions
19        permitting the Authority to grant rent-free occupancy  of
20        an  existing  facility pending completion of construction
21        of any new facility and requiring the  Authority  to  pay
22        certain   incremental   costs   of  maintenance,  repair,
23        replacement and operation of an existing facility in  the
24        event  of failure of timely completion of construction of
25        any new facility; (vi) provisions requiring the Authority
26        to reimburse the tenant for certain State and local taxes
27        and provisions permitting reductions of payments due  the
28        Authority by the tenant or reimbursement of the tenant by
29        the  Authority  in the event of imposition of certain new
30        State and local taxes, or the  increase  above  specified
31        levels  of  certain  existing  State  and local taxes, or
32        both;  (vii)  provisions  obligating  the  Authority   to
33        purchase  tickets to events conducted by the tenant based
34        upon  specified  attendance  levels;  (viii)   provisions
 
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 1        granting  the  tenant  the right and option to extend the
 2        term  of  the  management  agreement;   (ix)   provisions
 3        creating  an  assignment  and  pledge by the Authority of
 4        certain of the Authority's revenues and  receipts  to  be
 5        received  under Section 19 of this Act for the benefit of
 6        the tenant  of  the  facility  as  further  security  for
 7        performance by the Authority of its obligations under the
 8        management  agreement;  and  (x) provisions requiring the
 9        establishment of reserves by  the  Authority  or  by  the
10        tenant,  or both, as further security for the performance
11        of their  respective  obligations  under  the  management
12        agreement;
13             (11)  Enter  into  one or more assistance agreements
14        that conform to the requirements of this Act and that may
15        contain such provisions as the Authority shall  determine
16        establishing  the rights and obligations of the Authority
17        and the governmental owner or a  tenant,  or  both,  with
18        respect  to  the  facility  for which the Authority is to
19        provide   financial   assistance    including,    without
20        limitation, such provisions as are described in paragraph
21        (10) of this Section;
22             (12)  Borrow money from any source for any corporate
23        purpose,  including  working  capital for its operations,
24        reserve funds, or interest, and to  mortgage,  pledge  or
25        otherwise encumber the property or funds of the Authority
26        and to contract with or engage the services of any person
27        in  connection  with  any  financing, including financial
28        institutions, issuers of letters of credit,  or  insurers
29        and  enter into reimbursement agreements with this person
30        which may be secured as if money were borrowed  from  the
31        person;
32             (13)  Issue  bonds or notes under Section 13 of this
33        Act;
34             (14)  Receive and accept from any source, private or
 
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 1        public, contributions,  gifts,  or  grants  of  money  or
 2        property;
 3             (15)  Make  loans  from  proceeds or funds otherwise
 4        available to  the  extent  necessary  or  appropriate  to
 5        accomplish the purposes of the Authority;
 6             (16)  Provide  for  the  insurance  of any property,
 7        operations,  officers,  agents  or   employees   of   the
 8        Authority  against  any risk or hazard and to provide for
 9        the   indemnification   of   its   members,    employees,
10        contractors or agents against any and all risks;
11             (17)  Provide relocation assistance and compensation
12        for  landowners  and  their lessees displaced by any land
13        acquisition of the Authority, including  the  acquisition
14        of  land  and construction of replacement housing thereon
15        as the Authority shall determine;
16             (18)  Sell, convey, lease,  or  grant  a  permit  or
17        license  with  respect  to,  or  by  agreement  authorize
18        another  person  on its behalf to sell, convey, lease, or
19        grant a permit or license with respect to (A)  the  right
20        to  use  or  the right to purchase tickets to use, or any
21        other interest in, any seat or area  within  a  facility,
22        (B)  the right to name or place advertising in all or any
23        part of  a  facility,  or  (C)  any  intangible  personal
24        property  rights, including intellectual property rights,
25        appurtenant to any facility, the proceeds  of  which  are
26        used  for  the purpose of carrying out the powers granted
27        by the Act;
28             (19)  Adopt such rules as are necessary to carry out
29        those powers conferred and perform those duties  required
30        by this Act;
31             (20)  Exercise  all  the  corporate  powers  granted
32        Illinois  corporations under the Business Corporation Act
33        of  1983,  except  to  the   extent   that   powers   are
34        inconsistent  with  those of a body politic and corporate
 
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 1        of the State; and
 2             (21)  Do all things necessary or convenient to carry
 3        out the powers granted by this Act.
 4        The Authority may not construct or enter into a  contract
 5    to  construct more than one new stadium facility  and may not
 6    enter  into   assistance   agreements   providing   for   the
 7    reconstruction,   renovation,   remodeling,   extension,   or
 8    improvement  of  all  or  substantially  all of more than one
 9    existing facility unless authorized by law.
10        The Authority  may  adopt  such  rules  pursuant  to  the
11    Illinois  Administrative  Procedure  Act  as are necessary to
12    carry out those powers and duties conferred by this Act.  The
13    Authority may initially adopt, by January 1, 1989, such rules
14    as emergency rules  in  accordance  with  the  provisions  of
15    Section  5-45  of  the Illinois Administrative Procedure Act.
16    For purposes of the Illinois  Administrative  Procedure  Act,
17    the  adoption  of  the initial rules shall be deemed to be an
18    emergency and necessary for the public interest,  safety  and
19    welfare.
20    (Source: P.A. 91-935, eff. 6-1-01.)

21        Section  99.  Effective date.  This Act takes effect upon
22    becoming law.