IL
Illinois House Bill HB5838

Illinois 2023-2024 Regular Session

Illinois House Bill HB5838 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5838 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 30 ILCS 105/5.1015 new70 ILCS 3205/8 from Ch. 85, par. 600870 ILCS 3205/9 from Ch. 85, par. 6009 Amends the Illinois Sports Facilities Authority Act. Creates the Illinois Minor League Stadium Fund as a special fund in the State treasury. Allows moneys in the Fund to be used by the Illinois Sports Facilities Authority for capital improvements at facilities that host professional sporting events for teams that are not in the National Basketball Association, National Football League, National Hockey League, or Major League Baseball. If new stadiums or arenas for Illinois teams in the National Basketball Association, National Football League, National Hockey League, or Major League Baseball are approved by the Authority, requires the Authority to include, in the final agreement for those facilities, funding for the Illinois Minor League Stadium Fund for stadiums and arenas that do not host professional sporting events for teams that play in the National Football League, the National Hockey League, National Basketball Association, or Major League Baseball. Amends the State Finance Act to make a conforming change. Effective July 1, 2024. LRB103 40544 AWJ 73069 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5838 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED: 30 ILCS 105/5.1015 new70 ILCS 3205/8 from Ch. 85, par. 600870 ILCS 3205/9 from Ch. 85, par. 6009 30 ILCS 105/5.1015 new 70 ILCS 3205/8 from Ch. 85, par. 6008 70 ILCS 3205/9 from Ch. 85, par. 6009 Amends the Illinois Sports Facilities Authority Act. Creates the Illinois Minor League Stadium Fund as a special fund in the State treasury. Allows moneys in the Fund to be used by the Illinois Sports Facilities Authority for capital improvements at facilities that host professional sporting events for teams that are not in the National Basketball Association, National Football League, National Hockey League, or Major League Baseball. If new stadiums or arenas for Illinois teams in the National Basketball Association, National Football League, National Hockey League, or Major League Baseball are approved by the Authority, requires the Authority to include, in the final agreement for those facilities, funding for the Illinois Minor League Stadium Fund for stadiums and arenas that do not host professional sporting events for teams that play in the National Football League, the National Hockey League, National Basketball Association, or Major League Baseball. Amends the State Finance Act to make a conforming change. Effective July 1, 2024. LRB103 40544 AWJ 73069 b LRB103 40544 AWJ 73069 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5838 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
33 30 ILCS 105/5.1015 new70 ILCS 3205/8 from Ch. 85, par. 600870 ILCS 3205/9 from Ch. 85, par. 6009 30 ILCS 105/5.1015 new 70 ILCS 3205/8 from Ch. 85, par. 6008 70 ILCS 3205/9 from Ch. 85, par. 6009
44 30 ILCS 105/5.1015 new
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77 Amends the Illinois Sports Facilities Authority Act. Creates the Illinois Minor League Stadium Fund as a special fund in the State treasury. Allows moneys in the Fund to be used by the Illinois Sports Facilities Authority for capital improvements at facilities that host professional sporting events for teams that are not in the National Basketball Association, National Football League, National Hockey League, or Major League Baseball. If new stadiums or arenas for Illinois teams in the National Basketball Association, National Football League, National Hockey League, or Major League Baseball are approved by the Authority, requires the Authority to include, in the final agreement for those facilities, funding for the Illinois Minor League Stadium Fund for stadiums and arenas that do not host professional sporting events for teams that play in the National Football League, the National Hockey League, National Basketball Association, or Major League Baseball. Amends the State Finance Act to make a conforming change. Effective July 1, 2024.
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1313 1 AN ACT concerning local government.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The State Finance Act is amended by adding
1717 5 Section 5.1015 as follows:
1818 6 (30 ILCS 105/5.1015 new)
1919 7 Sec. 5.1015. The Illinois Minor League Stadium Fund.
2020 8 Section 10. The Illinois Sports Facilities Authority Act
2121 9 is amended by changing Sections 8 and 9 as follows:
2222 10 (70 ILCS 3205/8) (from Ch. 85, par. 6008)
2323 11 Sec. 8. Powers. In addition to the powers set forth
2424 12 elsewhere in this Act, the Authority may:
2525 13 (1) Adopt and alter an official seal;
2626 14 (2) Sue and be sued, plead and be impleaded, all in its
2727 15 own name, and agree to binding arbitration of any dispute
2828 16 to which it is a party;
2929 17 (3) Adopt bylaws, rules, and regulations to carry out
3030 18 the provisions of this Section;
3131 19 (4) Maintain an office or offices at such place as the
3232 20 Authority may designate;
3333 21 (5) Employ, either as regular employees or independent
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5838 Introduced , by Rep. Fred Crespo SYNOPSIS AS INTRODUCED:
3838 30 ILCS 105/5.1015 new70 ILCS 3205/8 from Ch. 85, par. 600870 ILCS 3205/9 from Ch. 85, par. 6009 30 ILCS 105/5.1015 new 70 ILCS 3205/8 from Ch. 85, par. 6008 70 ILCS 3205/9 from Ch. 85, par. 6009
3939 30 ILCS 105/5.1015 new
4040 70 ILCS 3205/8 from Ch. 85, par. 6008
4141 70 ILCS 3205/9 from Ch. 85, par. 6009
4242 Amends the Illinois Sports Facilities Authority Act. Creates the Illinois Minor League Stadium Fund as a special fund in the State treasury. Allows moneys in the Fund to be used by the Illinois Sports Facilities Authority for capital improvements at facilities that host professional sporting events for teams that are not in the National Basketball Association, National Football League, National Hockey League, or Major League Baseball. If new stadiums or arenas for Illinois teams in the National Basketball Association, National Football League, National Hockey League, or Major League Baseball are approved by the Authority, requires the Authority to include, in the final agreement for those facilities, funding for the Illinois Minor League Stadium Fund for stadiums and arenas that do not host professional sporting events for teams that play in the National Football League, the National Hockey League, National Basketball Association, or Major League Baseball. Amends the State Finance Act to make a conforming change. Effective July 1, 2024.
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7272 1 contractors, consultants, engineers, architects,
7373 2 accountants, attorneys, financial experts, construction
7474 3 experts and personnel, superintendents, managers and other
7575 4 professional personnel, and such other personnel as may be
7676 5 necessary in the judgment of the Authority, and fix their
7777 6 compensation;
7878 7 (6) Determine the locations of, develop, design,
7979 8 establish, construct, erect, acquire, own, repair,
8080 9 reconstruct, renovate, remodel, add to, extend, improve,
8181 10 equip, operate, regulate and maintain facilities, and
8282 11 provide financial assistance to governmental owners or
8383 12 their tenants, or both, pursuant to an assistance
8484 13 agreement to do the foregoing, in each case to the extent
8585 14 necessary to accomplish the purposes of the Authority;
8686 15 (7) Acquire, hold, lease as lessor or as lessee, use,
8787 16 encumber, transfer, or dispose of real and personal
8888 17 property, including the alteration of or demolition of
8989 18 improvements to real estate;
9090 19 (8) Enter into contracts of any kind;
9191 20 (9) Regulate the use and operation of facilities that
9292 21 are developed under the provisions of this Act;
9393 22 (10) Enter into one or more management agreements
9494 23 which conform to the requirements of this Act and which
9595 24 may contain such provisions as the Authority shall
9696 25 determine, including, without limitation, (i) provisions
9797 26 allocating receipts from rents, rates, fees and charges
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108108 1 for use of the facility or for services rendered in
109109 2 connection with the facility between the Authority and the
110110 3 tenant of the facility; (ii) provisions providing for or
111111 4 limiting payments to the Authority for use of the facility
112112 5 based on levels of attendance or receipts, or both
113113 6 attendance and receipts, of the tenant from admission
114114 7 charges, parking concessions, advertising, radio and
115115 8 television and other sources; (iii) provisions obligating
116116 9 the Authority to make payments to the tenant with respect
117117 10 to expenses of routine maintenance and operation of any
118118 11 facility and operating expenses of the tenant with respect
119119 12 to use of the facility; (iv) provisions requiring the
120120 13 Authority to pay liquidated damages to the tenant for
121121 14 failure of timely completion of construction of any new
122122 15 facility; (v) provisions permitting the Authority to grant
123123 16 rent-free occupancy of an existing facility pending
124124 17 completion of construction of any new facility and
125125 18 requiring the Authority to pay certain incremental costs
126126 19 of maintenance, repair, replacement and operation of an
127127 20 existing facility in the event of failure of timely
128128 21 completion of construction of any new facility; (vi)
129129 22 provisions requiring the Authority to reimburse the tenant
130130 23 for certain State and local taxes and provisions
131131 24 permitting reductions of payments due the Authority by the
132132 25 tenant or reimbursement of the tenant by the Authority in
133133 26 the event of imposition of certain new State and local
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144144 1 taxes, or the increase above specified levels of certain
145145 2 existing State and local taxes, or both; (vii) provisions
146146 3 obligating the Authority to purchase tickets to events
147147 4 conducted by the tenant based upon specified attendance
148148 5 levels; (viii) provisions granting the tenant the right
149149 6 and option to extend the term of the management agreement;
150150 7 (ix) provisions creating an assignment and pledge by the
151151 8 Authority of certain of the Authority's revenues and
152152 9 receipts to be received under Section 19 of this Act for
153153 10 the benefit of the tenant of the facility as further
154154 11 security for performance by the Authority of its
155155 12 obligations under the management agreement; and (x)
156156 13 provisions requiring the establishment of reserves by the
157157 14 Authority or by the tenant, or both, as further security
158158 15 for the performance of their respective obligations under
159159 16 the management agreement;
160160 17 (11) Enter into one or more assistance agreements that
161161 18 conform to the requirements of this Act and that may
162162 19 contain such provisions as the Authority shall determine
163163 20 establishing the rights and obligations of the Authority
164164 21 and the governmental owner or a tenant, or both, with
165165 22 respect to the facility for which the Authority is to
166166 23 provide financial assistance including, without
167167 24 limitation, such provisions as are described in paragraph
168168 25 (10) of this Section;
169169 26 (12) Borrow money from any source for any corporate
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180180 1 purpose, including working capital for its operations,
181181 2 reserve funds, or interest, and to mortgage, pledge or
182182 3 otherwise encumber the property or funds of the Authority
183183 4 and to contract with or engage the services of any person
184184 5 in connection with any financing, including financial
185185 6 institutions, issuers of letters of credit, or insurers
186186 7 and enter into reimbursement agreements with this person
187187 8 which may be secured as if money were borrowed from the
188188 9 person;
189189 10 (13) Issue bonds or notes under Section 13 of this
190190 11 Act;
191191 12 (14) Receive and accept from any source, private or
192192 13 public, contributions, gifts, or grants of money or
193193 14 property;
194194 15 (15) Make loans from proceeds or funds otherwise
195195 16 available to the extent necessary or appropriate to
196196 17 accomplish the purposes of the Authority;
197197 18 (16) Provide for the insurance of any property,
198198 19 operations, officers, agents or employees of the Authority
199199 20 against any risk or hazard and to provide for the
200200 21 indemnification of its members, employees, contractors or
201201 22 agents against any and all risks;
202202 23 (17) Provide relocation assistance and compensation
203203 24 for landowners and their lessees displaced by any land
204204 25 acquisition of the Authority, including the acquisition of
205205 26 land and construction of replacement housing thereon as
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216216 1 the Authority shall determine;
217217 2 (18) Sell, convey, lease, or grant a permit or license
218218 3 with respect to, or by agreement authorize another person
219219 4 on its behalf to sell, convey, lease, or grant a permit or
220220 5 license with respect to (A) the right to use or the right
221221 6 to purchase tickets to use, or any other interest in, any
222222 7 seat or area within a facility, (B) the right to name or
223223 8 place advertising in all or any part of a facility, or (C)
224224 9 any intangible personal property rights, including
225225 10 intellectual property rights, appurtenant to any facility,
226226 11 the proceeds of which are used for the purpose of carrying
227227 12 out the powers granted by the Act;
228228 13 (18.5) Provide capital grants from the Illinois Minor
229229 14 League Stadium Fund;
230230 15 (19) Adopt such rules as are necessary to carry out
231231 16 those powers conferred and perform those duties required
232232 17 by this Act;
233233 18 (20) Exercise all the corporate powers granted
234234 19 Illinois corporations under the Business Corporation Act
235235 20 of 1983, except to the extent that powers are inconsistent
236236 21 with those of a body politic and corporate of the State;
237237 22 and
238238 23 (21) Do all things necessary or convenient to carry
239239 24 out the powers granted by this Act.
240240 25 The Authority may not construct or enter into a contract
241241 26 to construct more than one new stadium facility and may not
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252252 1 enter into assistance agreements providing for the
253253 2 reconstruction, renovation, remodeling, extension, or
254254 3 improvement of all or substantially all of more than one
255255 4 existing facility unless authorized by law.
256256 5 The Authority may adopt such rules pursuant to the
257257 6 Illinois Administrative Procedure Act as are necessary to
258258 7 carry out those powers and duties conferred by this Act. The
259259 8 Authority may initially adopt, by January 1, 1989, such rules
260260 9 as emergency rules in accordance with the provisions of
261261 10 Section 5-45 of the Illinois Administrative Procedure Act. For
262262 11 purposes of the Illinois Administrative Procedure Act, the
263263 12 adoption of the initial rules shall be deemed to be an
264264 13 emergency and necessary for the public interest, safety and
265265 14 welfare.
266266 15 (Source: P.A. 91-935, eff. 6-1-01.)
267267 16 (70 ILCS 3205/9) (from Ch. 85, par. 6009)
268268 17 Sec. 9. Duties. In addition to the powers set forth
269269 18 elsewhere in this Act, subject to the terms of any agreements
270270 19 with the holders of the Authority's bonds or notes, the
271271 20 Authority shall:
272272 21 (1) Comply with all zoning, building, and land use
273273 22 controls of the municipality within which is located any
274274 23 stadium facility owned by the Authority or for which the
275275 24 Authority provides financial assistance.
276276 25 (2) With respect to a facility owned or to be owned by
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287287 1 the Authority, enter or have entered into a management
288288 2 agreement with a tenant of the Authority to operate the
289289 3 facility that requires the tenant to operate the facility
290290 4 for a period at least as long as the term of any bonds
291291 5 issued to finance the development, establishment,
292292 6 construction, erection, acquisition, repair,
293293 7 reconstruction, remodeling, adding to, extension,
294294 8 improvement, equipping, operation, and maintenance of the
295295 9 facility. Such agreement shall contain appropriate and
296296 10 reasonable provisions with respect to termination, default
297297 11 and legal remedies.
298298 12 (3) With respect to a facility owned or to be owned by
299299 13 a governmental owner other than the Authority, enter into
300300 14 an assistance agreement with either a governmental owner
301301 15 of a facility or its tenant, or both, that requires the
302302 16 tenant, or if the tenant is not a party to the assistance
303303 17 agreement requires the governmental owner to enter into an
304304 18 agreement with the tenant that requires the tenant to use
305305 19 the facility for a period at least as long as the term of
306306 20 any bonds issued to finance the reconstruction,
307307 21 renovation, remodeling, extension or improvement of all or
308308 22 substantially all of the facility.
309309 23 (4) Create and maintain a separate financial reserve
310310 24 for repair and replacement of capital assets of any
311311 25 facility owned by the Authority or for which the Authority
312312 26 provides financial assistance and deposit into this
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323323 1 reserve not less than $1,000,000 per year for each such
324324 2 facility beginning at such time as the Authority and the
325325 3 tenant, or the Authority and a governmental owner of a
326326 4 facility, as applicable, shall agree.
327327 5 (5) In connection with prequalification of general
328328 6 contractors for the construction of a new stadium facility
329329 7 or the reconstruction, renovation, remodeling, extension,
330330 8 or improvement of all or substantially all of an existing
331331 9 facility, the Authority shall require submission of a
332332 10 commitment detailing how the general contractor will
333333 11 expend 25% or more of the dollar value of the general
334334 12 contract with one or more minority-owned businesses and 5%
335335 13 or more of the dollar value with one or more women-owned
336336 14 businesses. This commitment may be met by contractor's
337337 15 status as a minority-owned businesses or women-owned
338338 16 businesses, by a joint venture or by subcontracting a
339339 17 portion of the work with or by purchasing materials for
340340 18 the work from one or more such businesses, or by any
341341 19 combination thereof. Any contract with the general
342342 20 contractor for construction of the new stadium facility
343343 21 and any contract for the reconstruction, renovation,
344344 22 remodeling, adding to, extension or improvement of all or
345345 23 substantially all of an existing facility shall require
346346 24 the general contractor to meet the foregoing obligations
347347 25 and shall require monthly reporting to the Authority with
348348 26 respect to the status of the implementation of the
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359359 1 contractor's affirmative action plan and compliance with
360360 2 that plan. This report shall be filed with the General
361361 3 Assembly. The Authority shall establish and maintain an
362362 4 affirmative action program designed to promote equal
363363 5 employment opportunity which specifies the goals and
364364 6 methods for increasing participation by minorities and
365365 7 women in a representative mix of job classifications
366366 8 required to perform the respective contracts. The
367367 9 Authority shall file a report before March 1 of each year
368368 10 with the General Assembly detailing its implementation of
369369 11 this paragraph. The terms "minority-owned businesses",
370370 12 "women-owned businesses", and "business owned by a person
371371 13 with a disability" have the meanings given to those terms
372372 14 in the Business Enterprise for Minorities, Women, and
373373 15 Persons with Disabilities Act.
374374 16 (6) Provide for the construction of any new facility
375375 17 pursuant to one or more contracts which require delivery
376376 18 of a completed facility at a fixed maximum price to be
377377 19 insured or guaranteed by a third party determined by the
378378 20 Authority to be financially capable of causing completion
379379 21 of such construction of the new facility.
380380 22 In connection with any assistance agreement with a
381381 23 governmental owner that provides financial assistance for a
382382 24 facility to be used by a National Football League team, the
383383 25 assistance agreement shall provide that the Authority or its
384384 26 agent shall enter into the contract or contracts for the
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395395 1 design and construction services or design/build services for
396396 2 such facility and thereafter transfer its rights and
397397 3 obligations under the contract or contracts to the
398398 4 governmental owner of the facility. In seeking parties to
399399 5 provide design and construction services or design/build
400400 6 services with respect to such facility, the Authority may use
401401 7 such procurement procedures as it may determine, including,
402402 8 without limitation, the selection of design professionals and
403403 9 construction managers or design/builders as may be required by
404404 10 a team that is at risk, in whole or in part, for the cost of
405405 11 design and construction of the facility.
406406 12 An assistance agreement may not provide, directly or
407407 13 indirectly, for the payment to the Chicago Park District of
408408 14 more than a total of $10,000,000 on account of the District's
409409 15 loss of property or revenue in connection with the renovation
410410 16 of a facility pursuant to the assistance agreement.
411411 17 The Illinois Minor League Stadium Fund is created as a
412412 18 special fund in the State treasury. Moneys in the Fund shall be
413413 19 used by the Authority for capital improvements at facilities
414414 20 that host professional sporting events for teams that are not
415415 21 in the National Basketball Association, National Football
416416 22 League, National Hockey League, or Major League Baseball. If
417417 23 new stadiums or arenas for Illinois teams in the National
418418 24 Basketball Association, National Football League, National
419419 25 Hockey League, or Major League Baseball are approved by the
420420 26 Authority, the Authority shall include, in the final agreement
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431431 1 for those facilities, funding for the Illinois Minor League
432432 2 Stadium Fund for stadiums and arenas that do not host
433433 3 professional sporting events for teams that play in the
434434 4 National Football League, the National Hockey League, National
435435 5 Basketball Association, or Major League Baseball.
436436 6 (Source: P.A. 100-391, eff. 8-25-17.)
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