Bill Text: IL HB3912 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Procurement Code and the Illinois Sports Facilities Authority Act. Provides that the Illinois Sports Facilities Authority may not enter into any contract, contract renewal, or contract extension that has a cost of more than $1,000,000 without first filing the proposed contract, renewal, or extension with the Procurement Policy Board. Provides that the Board may object to the proposed contract or proposed contract renewal or extension and require a hearing before the Board on the matter within 30 calendar days after the date of filing. Provides that if the Board does not object within 30 calendar days or takes affirmative action to recommend the proposed contract or proposed contract renewal or extension, the Illinois Sports Facilities Authority may enter into the contract or contract renewal or extension. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3912 Detail]

Download: Illinois-2011-HB3912-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3912 Introduced , by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED:
30 ILCS 500/20-165 new
70 ILCS 3205/8 from Ch. 85, par. 6008
Amends the Illinois Procurement Code and the Illinois Sports Facilities Authority Act. Provides that the Illinois Sports Facilities Authority may not enter into any contract, contract renewal, or contract extension that has a cost of more than $1,000,000 without first filing the proposed contract, renewal, or extension with the Procurement Policy Board. Provides that the Board may object to the proposed contract or proposed contract renewal or extension and require a hearing before the Board on the matter within 30 calendar days after the date of filing. Provides that if the Board does not object within 30 calendar days or takes affirmative action to recommend the proposed contract or proposed contract renewal or extension, the Illinois Sports Facilities Authority may enter into the contract or contract renewal or extension. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Procurement Code is amended by
adding Section 20-165 as follows:
(30 ILCS 500/20-165 new)
Sec. 20-165. Procurement Policy Board approval of Illinois
Sports Facilities Authority contracts. Notwithstanding any
provision of law to the contrary, the Illinois Sports
Facilities Authority may not enter into any contract, contract
renewal, or contract extension that has a cost of more than
$1,000,000 without first filing the proposed contract,
renewal, or extension with the Procurement Policy Board. The
Board may object to the proposed contract or proposed contract
renewal or extension and require a hearing before the Board on
the matter within 30 calendar days after the date of filing. If
the Board does not object within 30 calendar days or takes
affirmative action to recommend the proposed contract or
proposed contract renewal or extension, the Illinois Sports
Facilities Authority may enter into the contract or contract
renewal or extension.
Section 10. The Illinois Sports Facilities Authority Act

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is amended by changing Section 8 as follows:
(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:
(1) Adopt and alter an official seal;
(2) Sue and be sued, plead and be impleaded, all in its
own name, and agree to binding arbitration of any dispute
to which it is a party;
(3) Adopt bylaws, rules, and regulations to carry out
the provisions of this Section;
(4) Maintain an office or offices at such place as the
Authority may designate;
(5) Employ, either as regular employees or independent
contractors, consultants, engineers, architects,
accountants, attorneys, financial experts, construction
experts and personnel, superintendents, managers and other
professional personnel, and such other personnel as may be
necessary in the judgment of the Authority, and fix their
compensation;
(6) Determine the locations of, develop, design,
establish, construct, erect, acquire, own, repair,
reconstruct, renovate, remodel, add to, extend, improve,
equip, operate, regulate and maintain facilities, and
provide financial assistance to governmental owners or
their tenants, or both, pursuant to an assistance agreement

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to do the foregoing, in each case to the extent necessary
to accomplish the purposes of the Authority;
(7) Acquire, hold, lease as lessor or as lessee, use,
encumber, transfer, or dispose of real and personal
property, including the alteration of or demolition of
improvements to real estate;
(8) Enter into contracts of any kind, subject to the
provisions of Section 20-165 of the Illinois Procurement
Code;
(9) Regulate the use and operation of facilities that
are developed under the provisions of this Act;
(10) Enter into one or more management agreements which
conform to the requirements of this Act and which may
contain such provisions as the Authority shall determine,
including, without limitation, (i) provisions allocating
receipts from rents, rates, fees and charges for use of the
facility or for services rendered in connection with the
facility between the Authority and the tenant of the
facility; (ii) provisions providing for or limiting
payments to the Authority for use of the facility based on
levels of attendance or receipts, or both attendance and
receipts, of the tenant from admission charges, parking
concessions, advertising, radio and television and other
sources; (iii) provisions obligating the Authority to make
payments to the tenant with respect to expenses of routine
maintenance and operation of any facility and operating

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expenses of the tenant with respect to use of the facility;
(iv) provisions requiring the Authority to pay liquidated
damages to the tenant for failure of timely completion of
construction of any new facility; (v) provisions
permitting the Authority to grant rent-free occupancy of an
existing facility pending completion of construction of
any new facility and requiring the Authority to pay certain
incremental costs of maintenance, repair, replacement and
operation of an existing facility in the event of failure
of timely completion of construction of any new facility;
(vi) provisions requiring the Authority to reimburse the
tenant for certain State and local taxes and provisions
permitting reductions of payments due the Authority by the
tenant or reimbursement of the tenant by the Authority in
the event of imposition of certain new State and local
taxes, or the increase above specified levels of certain
existing State and local taxes, or both; (vii) provisions
obligating the Authority to purchase tickets to events
conducted by the tenant based upon specified attendance
levels; (viii) provisions granting the tenant the right and
option to extend the term of the management agreement; (ix)
provisions creating an assignment and pledge by the
Authority of certain of the Authority's revenues and
receipts to be received under Section 19 of this Act for
the benefit of the tenant of the facility as further
security for performance by the Authority of its

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obligations under the management agreement; and (x)
provisions requiring the establishment of reserves by the
Authority or by the tenant, or both, as further security
for the performance of their respective obligations under
the management agreement;
(11) Enter into one or more assistance agreements that
conform to the requirements of this Act and that may
contain such provisions as the Authority shall determine
establishing the rights and obligations of the Authority
and the governmental owner or a tenant, or both, with
respect to the facility for which the Authority is to
provide financial assistance including, without
limitation, such provisions as are described in paragraph
(10) of this Section;
(12) Borrow money from any source for any corporate
purpose, including working capital for its operations,
reserve funds, or interest, and to mortgage, pledge or
otherwise encumber the property or funds of the Authority
and to contract with or engage the services of any person
in connection with any financing, including financial
institutions, issuers of letters of credit, or insurers and
enter into reimbursement agreements with this person which
may be secured as if money were borrowed from the person;
(13) Issue bonds or notes under Section 13 of this Act;
(14) Receive and accept from any source, private or
public, contributions, gifts, or grants of money or

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property;
(15) Make loans from proceeds or funds otherwise
available to the extent necessary or appropriate to
accomplish the purposes of the Authority;
(16) Provide for the insurance of any property,
operations, officers, agents or employees of the Authority
against any risk or hazard and to provide for the
indemnification of its members, employees, contractors or
agents against any and all risks;
(17) Provide relocation assistance and compensation
for landowners and their lessees displaced by any land
acquisition of the Authority, including the acquisition of
land and construction of replacement housing thereon as the
Authority shall determine;
(18) Sell, convey, lease, or grant a permit or license
with respect to, or by agreement authorize another person
on its behalf to sell, convey, lease, or grant a permit or
license with respect to (A) the right to use or the right
to purchase tickets to use, or any other interest in, any
seat or area within a facility, (B) the right to name or
place advertising in all or any part of a facility, or (C)
any intangible personal property rights, including
intellectual property rights, appurtenant to any facility,
the proceeds of which are used for the purpose of carrying
out the powers granted by the Act;
(19) Adopt such rules as are necessary to carry out

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those powers conferred and perform those duties required by
this Act;
(20) Exercise all the corporate powers granted
Illinois corporations under the Business Corporation Act
of 1983, except to the extent that powers are inconsistent
with those of a body politic and corporate of the State;
and
(21) Do all things necessary or convenient to carry out
the powers granted by this Act.
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.)
Section 99. Effective date. This Act takes effect upon

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becoming law.