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Illinois General Assembly· HB 2772Governor Approved

IL SPORTS FACILITIES AUTHORITY, the official text

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HB2772 Enrolled                     LRB104 11883 RTM 21974 b

1   AN ACT concerning local government.

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 is

5 amended by changing Section 2 and by adding Section 9.5 as

6 follows:

7   (70 ILCS 3205/2) (from Ch. 85, par. 6002)

8   Sec. 2. Definitions; general provisions. In this Act the

9 following words have the meanings indicated:

10  (A) "Authority" means the Illinois Sports Facilities

11 Authority.

12  (B) "Facility" means:

13       (1) Stadiums, arenas, or other structures for the

14  holding of athletic contests and other events and

15  gatherings, including, without limitation, baseball,

16  football, and automobile racing, and all professional

17  sports; musical, dramatic and other artistic, cultural, or

18  social events; public meetings; and other public events;

19  and

20       (2) Practice fields, or other areas where professional

21  sports teams and other sports teams may practice or

22  perform.

23       (3) "Facility" also means the following types of
    HB2772 Enrolled  -2-  LRB104 11883 RTM 21974 b

1   property if that property is related to or located near an

2   item listed in paragraphs (1) and (2) of subsection (B) of

3   this Section:

4   (i) Offices, parking lots and garages, access

5   roads, streets, intersections, highway interchanges,

6   pedestrian walkways, tunnels, and bridges,

7   transportation facilities, monuments, restaurants,

8   stores, and other facilities providing goods and

9   services to persons attending meetings, contests,

10  gatherings or events at the facility;

11  (ii) Other recreation areas and recreational

12  facilities;

13  (iii) Other property or structures including all

14  fixtures, furnishings, and appurtenances normally

15  associated with such facilities; and

16  (iv) Landscaping, parks, and open spaces.

17  (C) "Governmental Owner" means a body politic, public

18 corporation, political subdivision, unit of local government,

19 or municipality formed under the laws of the State of

20 Illinois, including, without limitation, the Chicago Park

21 District, that owns or is to own a facility located within the

22 corporate limits of the Authority described in Section 11 of

23 this Act and to which the Authority provides financial

24 assistance. Where the title to all or any part of a facility is

25 held by a public building commission because the public

26 building commission has financed, under the authority of the
    HB2772 Enrolled          -3-   LRB104 11883 RTM 21974 b

1 Public Building Commission Act, the acquisition of real estate

2 or the construction, acquisition, or enlargement of

3 improvements to real estate, or both, for any body politic,

4 public corporation, political subdivision, unit of local

5 government, or municipality formed under the laws of the State

6 of Illinois, the term "governmental owner" when used with

7 respect to that facility means the body politic, public

8 corporation, political subdivision, unit of local government,

9 or municipality rather than the public building commission.

10  (D) "Management Agreement" means a legally binding

11 contract between the Authority and a tenant of a facility

12 owned by the Authority, which contains at least the following

13 provisions:

14  (1) a provision requiring the tenant to conduct its

15  complete regular home season schedule and any home playoff

16  events in the facility;

17  (2) a provision requiring the tenant to provide

18  routine maintenance of and to operate the facility with

19  its personnel or contractors;

20  (3) a provision requiring the tenant to advertise and

21  promote events it conducts at the facility;

22  (4) a provision requiring the tenant to operate or

23  contract for concessions for the patrons of the facility,

24  including a stadium club and restaurant where food and

25  beverages will be served; and

26  (5) a provision permitting the Authority or its
    HB2772 Enrolled              -4-  LRB104 11883 RTM 21974 b

1   designee to hold other events in any such facility owned

2   by the Authority at such times as shall not unreasonably

3   interfere with the use of that facility by the tenant.

4   (E) "Assistance Agreement" means one or more legally

5 binding contracts, with respect to a facility for which the

6 Authority is to provide financial assistance as provided in

7 this Act, to which the Authority and a governmental owner of a

8 facility or its tenant, or both, and any other appropriate

9 persons are parties, which may be in the form of an

10 intergovernmental agreement.

11  (F) "Financial Assistance" means the use by the Authority,

12 pursuant to an assistance agreement, of its powers under this

13 Act, including, without limitation, the power to borrow money,

14 to issue bonds and notes, to impose an occupation tax as

15 provided in Section 19 of this Act and to receive and expend

16 the proceeds of that tax, to assist a governmental owner or its

17 tenant, or both, with one or more of the following: designing,

18 developing, establishing, constructing, erecting, acquiring,

19 repairing, reconstructing, renovating, remodeling, adding to,

20 extending, improving, equipping, operating, and maintaining a

21 facility owned or to be owned by the governmental owner.

22  (G) "Tenant" means any person with which a governmental

23 owner or the Authority has entered into an agreement for the

24 use by a professional sports team or other sports team of any

25 facility. Such an agreement may be a management agreement or

26 an assistance agreement or may be a lease of or a license,
    HB2772 Enrolled         -5-  LRB104 11883 RTM 21974 b

1 permit, or similar agreement with respect to the use of a
2 facility by such team for such period as shall be agreed upon
3 by the person and the governmental owner or the Authority, as
4 the case may be.
5 (Source: P.A. 91-935, eff. 6-1-01.)

6   (70 ILCS 3205/9.5 new)

7   Sec. 9.5. Unlawful discrimination prohibited. A person

8 employed by or acting on behalf of the Authority may not engage

9 in unlawful discrimination, as defined in the Illinois Human

10 Rights Act, with respect to programs or activities that are

11 offered at facilities that are funded under this Act,

12 including facilities established or supported by bonds issued

13 under this Act.

14  Section 99. Effective date. This Act takes effect upon

15 becoming law.
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