103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5841

Introduced , by Rep. Eva-Dina Delgado

SYNOPSIS AS INTRODUCED:
See Index

Amends the Commission on Equity and Inclusion Act. Requires the Commission to prepare and submit a report to the General Assembly evaluating whether the Illinois Sports Facilities Authority has met the equity goals of the Commission and Authority. Amends the Illinois Sports Facilities Authority Act. Modifies legislative findings. Provides that "facility" includes stadiums, arenas, or other structures for the holding of athletic contests and other events and gatherings, including professional women's sports (among other illustrative examples). Requires the Authority to work with the Executive Director of the Commission on Equity and Inclusion to evaluate and propose policies that promote equity in decision-making regarding the development and funding of sports facilities. Provides that a person may not be prohibited from participation in, or any of the benefits of, programs or activities at facilities funded under the Act, including facilities established or supported by bonds issued under the Act, on the basis of sex. Provides that, if bonds are issued under the Act to fund facilities for professional men's sports, some bonds must also be issued to fund facilities for professional women's sports; and provides that, if the Authority does not have a professional women's sports facility project to work on at the time of issuance of the bonds, then either: (i) the proceeds from the bonds issued for professional women's sports shall be placed into a dedicated fund until the Authority has a professional women's sports facility project on which to work, or (ii) a portion of the revenue source supporting the bonds must be left unused and dedicated to support a future bond issuance solely focused on professional women's sports facility projects. Provides that the portion required under item (ii) shall be as required by statute or, if no statute sets the portion, shall be in an amount set by the Commission on Equity and Inclusion. Provides that a person may not be prohibited from participation in, or any of the benefits of, programs or activities at facilities funded under this Act, including facilities established or supported by bonds issued under the Act, on the basis of sex. Removes and modifies outdated language, including provisions relating to a dissolved advisory board. Effective immediately.
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A BILL FOR

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1 AN ACT concerning government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Commission on Equity and Inclusion Act is
5amended by adding Section 13 as follows:
6 (30 ILCS 574/13 new)
7 Sec. 13. Report on Illinois Sports Facilities Authority
8funds. The Commission shall prepare and submit a report to the
9General Assembly no later than January 1, 2026 and every 5
10years thereafter evaluating whether the Illinois Sports
11Facilities Authority has met the equity goals of the
12Commission and Authority as established under paragraph (7) of
13Section 9 of the Illinois Sports Facilities Authority Act
14regarding the Authority's use and management of its funds. The
15Authority shall provide all information and documentation
16required by the Commission to prepare the report. The report
17shall be published on the Commission's website.
18 Section 10. The Illinois Sports Facilities Authority Act
19is amended by changing Sections 2, 3, 9, and 13 and by adding
20Section 9.5 as follows:
21 (70 ILCS 3205/2) (from Ch. 85, par. 6002)

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1 Sec. 2. Definitions; general provisions. In this Act the
2following words have the meanings indicated:
3 (A) "Authority" means the Illinois Sports Facilities
4Authority.
5 (B) "Facility" means:
6 (1) Stadiums, arenas or other structures for the
7 holding of athletic contests and other events and
8 gatherings, including, without limitation, baseball,
9 football, professional women's sports, and automobile
10 racing; musical, dramatic and other artistic, cultural or
11 social events; public meetings; and other public events;
12 and
13 (2) Practice fields, or other areas where professional
14 sports teams and other sports teams may practice or
15 perform.
16 (3) "Facility" also means the following types of
17 property if that property is related to or located near an
18 item listed in paragraphs (1) and (2) of subsection (B) of
19 this Section:
20 (i) Offices, parking lots and garages, access
21 roads, streets, intersections, highway interchanges,
22 pedestrian walkways, tunnels, and bridges,
23 transportation facilities, monuments, restaurants,
24 stores, and other facilities providing goods and
25 services to persons attending meetings, contests,
26 gatherings or events at the facility;

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1 (ii) Other recreation areas and recreational
2 facilities;
3 (iii) Other property or structures including all
4 fixtures, furnishings, and appurtenances normally
5 associated with such facilities; and
6 (iv) Landscaping, parks, and open spaces.
7 (C) "Governmental Owner" means a body politic, public
8corporation, political subdivision, unit of local government,
9or municipality formed under the laws of the State of
10Illinois, including, without limitation, the Chicago Park
11District, that owns or is to own a facility located within the
12corporate limits of the Authority described in Section 11 of
13this Act and to which the Authority provides financial
14assistance. Where the title to all or any part of a facility is
15held by a public building commission because the public
16building commission has financed, under the authority of the
17Public Building Commission Act, the acquisition of real estate
18or the construction, acquisition, or enlargement of
19improvements to real estate, or both, for any body politic,
20public corporation, political subdivision, unit of local
21government, or municipality formed under the laws of the State
22of Illinois, the term "governmental owner" when used with
23respect to that facility means the body politic, public
24corporation, political subdivision, unit of local government,
25or municipality rather than the public building commission.
26 (D) "Management Agreement" means a legally binding

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1contract between the Authority and a tenant of a facility
2owned by the Authority, which contains at least the following
3provisions:
4 (1) a provision requiring the tenant to conduct its
5 complete regular home season schedule and any home playoff
6 events in the facility;
7 (2) a provision requiring the tenant to provide
8 routine maintenance of and to operate the facility with
9 its personnel or contractors;
10 (3) a provision requiring the tenant to advertise and
11 promote events it conducts at the facility;
12 (4) a provision requiring the tenant to operate or
13 contract for concessions for the patrons of the facility,
14 including a stadium club and restaurant where food and
15 beverages will be served; and
16 (5) a provision permitting the Authority or its
17 designee to hold other events in any such facility owned
18 by the Authority at such times as shall not unreasonably
19 interfere with the use of that facility by the tenant.
20 (E) "Assistance Agreement" means one or more legally
21binding contracts, with respect to a facility for which the
22Authority is to provide financial assistance as provided in
23this Act, to which the Authority and a governmental owner of a
24facility or its tenant, or both, and any other appropriate
25persons are parties, which may be in the form of an
26intergovernmental agreement.

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1 (F) "Financial Assistance" means the use by the Authority,
2pursuant to an assistance agreement, of its powers under this
3Act, including, without limitation, the power to borrow money,
4to issue bonds and notes, to impose an occupation tax as
5provided in Section 19 of this Act and to receive and expend
6the proceeds of that tax, to assist a governmental owner or its
7tenant, or both, with one or more of the following: designing,
8developing, establishing, constructing, erecting, acquiring,
9repairing, reconstructing, renovating, remodeling, adding to,
10extending, improving, equipping, operating, and maintaining a
11facility owned or to be owned by the governmental owner.
12 (G) "Tenant" means any person with which a governmental
13owner or the Authority has entered into an agreement for the
14use by a professional sports team or other sports team of any
15facility. Such an agreement may be a management agreement or
16an assistance agreement or may be a lease of or a license,
17permit, or similar agreement with respect to the use of a
18facility by such team for such period as shall be agreed upon
19by the person and the governmental owner or the Authority, as
20the case may be.
21(Source: P.A. 91-935, eff. 6-1-01.)
22 (70 ILCS 3205/3) (from Ch. 85, par. 6003)
23 Sec. 3. Legislative Finding and Declaration. It is hereby
24found that as a result of deteriorating infrastructure and
25sports facilities in the metropolitan area of Chicago, there

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1is a shortage of facilities suitable for use by professional
2and other sports teams and musical, theatrical, cultural, and
3other social organizations.
4 It is further found that as a result of the costs to
5maintain, repair or replace such infrastructure and
6facilities, and as a result of current high financing costs,
7the private sector, without the assistance contemplated in
8this Act, is unable to construct feasibly adequate sports
9facilities.
10 It is further found that the creation of modern sports
11facilities and the other results contemplated by this Act
12would stimulate economic activity in the State of Illinois,
13including the creation and maintenance of jobs, the creation
14of new and lasting infrastructure and other improvements, and
15the attraction and retention of sports and entertainment
16events which generate economic activity.
17 It is further found that participation in sports promotes
18physical and mental health and provides opportunities for
19personal growth and character development and that these
20benefits are best advanced and enjoyed when available to all
21people on an equitable basis, including when provision is made
22for equitable development of sports facilities for men and
23women alike.
24 It is further found that professional sports facilities
25can be magnets for substantial interstate tourism resulting in
26increased retail sales, hotel and restaurant sales, and

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1entertainment industry sales, all of which increase jobs and
2economic growth.
3 It is further found that only three major league
4professional baseball franchises play in stadium facilities
5the construction of which has not been government-assisted and
6of those three the most recently constructed facility was
7completed in 1914.
8 It is further found that government assistance was or is
9an essential component in the financing of the construction of
10most recently built or planned National Football League
11stadiums.
12 It is further found that the exercise by the Authority and
13governmental owners of the additional powers conferred by this
14amendatory Act of the 91st General Assembly (i) will
15materially assist the development and redevelopment of
16government owned sports facilities and thereby alleviate in
17part the deleterious conditions and confer the public benefits
18described in this Section and (ii) is in the public interest
19and is declared to be for public purposes.
20(Source: P.A. 91-935, eff. 6-1-01.)
21 (70 ILCS 3205/9) (from Ch. 85, par. 6009)
22 Sec. 9. Duties. In addition to the powers set forth
23elsewhere in this Act, subject to the terms of any agreements
24with the holders of the Authority's bonds or notes, the
25Authority shall:

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1 (1) Comply with all zoning, building, and land use
2 controls of the municipality within which is located any
3 stadium facility owned by the Authority or for which the
4 Authority provides financial assistance.
5 (2) With respect to a facility owned or to be owned by
6 the Authority, enter or have entered into a management
7 agreement with a tenant of the Authority to operate the
8 facility that requires the tenant to operate the facility
9 for a period at least as long as the term of any bonds
10 issued to finance the development, establishment,
11 construction, erection, acquisition, repair,
12 reconstruction, remodeling, adding to, extension,
13 improvement, equipping, operation, and maintenance of the
14 facility. Such agreement shall contain appropriate and
15 reasonable provisions with respect to termination, default
16 and legal remedies.
17 (3) With respect to a facility owned or to be owned by
18 a governmental owner other than the Authority, enter into
19 an assistance agreement with either a governmental owner
20 of a facility or its tenant, or both, that requires the
21 tenant, or if the tenant is not a party to the assistance
22 agreement requires the governmental owner to enter into an
23 agreement with the tenant that requires the tenant to use
24 the facility for a period at least as long as the term of
25 any bonds issued to finance the reconstruction,
26 renovation, remodeling, extension or improvement of all or

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1 substantially all of the facility.
2 (4) Create and maintain a separate financial reserve
3 for repair and replacement of capital assets of any
4 facility owned by the Authority or for which the Authority
5 provides financial assistance and deposit into this
6 reserve not less than $1,000,000 per year for each such
7 facility beginning at such time as the Authority and the
8 tenant, or the Authority and a governmental owner of a
9 facility, as applicable, shall agree.
10 (5) In connection with prequalification of general
11 contractors for the construction of a new stadium facility
12 or the reconstruction, renovation, remodeling, extension,
13 or improvement of all or substantially all of an existing
14 facility, the Authority shall require submission of a
15 commitment detailing how the general contractor will
16 expend 25% or more of the dollar value of the general
17 contract with one or more minority-owned businesses and 5%
18 or more of the dollar value with one or more women-owned
19 businesses. This commitment may be met by contractor's
20 status as a minority-owned businesses or women-owned
21 businesses, by a joint venture or by subcontracting a
22 portion of the work with or by purchasing materials for
23 the work from one or more such businesses, or by any
24 combination thereof. Any contract with the general
25 contractor for construction of the new stadium facility
26 and any contract for the reconstruction, renovation,

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1 remodeling, adding to, extension or improvement of all or
2 substantially all of an existing facility shall require
3 the general contractor to meet the foregoing obligations
4 and shall require monthly reporting to the Authority with
5 respect to the status of the implementation of the
6 contractor's affirmative action plan and compliance with
7 that plan. This report shall be filed with the General
8 Assembly. The Authority shall establish and maintain an
9 affirmative action program designed to promote equal
10 employment opportunity which specifies the goals and
11 methods for increasing participation by minorities and
12 women in a representative mix of job classifications
13 required to perform the respective contracts. The
14 Authority shall file a report before March 1 of each year
15 with the General Assembly detailing its implementation of
16 this paragraph. The terms "minority-owned businesses",
17 "women-owned businesses", and "business owned by a person
18 with a disability" have the meanings given to those terms
19 in the Business Enterprise for Minorities, Women, and
20 Persons with Disabilities Act.
21 (6) Provide for the construction of any new facility
22 pursuant to one or more contracts which require delivery
23 of a completed facility at a fixed maximum price to be
24 insured or guaranteed by a third party determined by the
25 Authority to be financially capable of causing completion
26 of such construction of the new facility.

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1 (7) Work with the Executive Director of the Commission
2 on Equity and Inclusion to evaluate and propose policies
3 that promote equity in decision-making regarding the
4 development and funding of sports facilities, including
5 establishing equity goals.
6 In connection with any assistance agreement with a
7governmental owner that provides financial assistance for a
8facility to be used by a National Football League team, the
9assistance agreement shall provide that the Authority or its
10agent shall enter into the contract or contracts for the
11design and construction services or design/build services for
12such facility and thereafter transfer its rights and
13obligations under the contract or contracts to the
14governmental owner of the facility. In seeking parties to
15provide design and construction services or design/build
16services with respect to such facility, the Authority may use
17such procurement procedures as it may determine, including,
18without limitation, the selection of design professionals and
19construction managers or design/builders as may be required by
20a team that is at risk, in whole or in part, for the cost of
21design and construction of the facility.
22 An assistance agreement may not provide, directly or
23indirectly, for the payment to the Chicago Park District of
24more than a total of $10,000,000 on account of the District's
25loss of property or revenue in connection with the renovation
26of a facility pursuant to the assistance agreement.

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1(Source: P.A. 100-391, eff. 8-25-17.)
2 (70 ILCS 3205/9.5 new)
3 Sec. 9.5. Unlawful discrimination. A person may not be
4prohibited from participation in, or any of the benefits of,
5programs or activities at facilities funded under this Act,
6including facilities established or supported by bonds issued
7under this Act, on the basis of sex.
8 (70 ILCS 3205/13) (from Ch. 85, par. 6013)
9 Sec. 13. Bonds and notes.
10 (A) (1) The Authority may at any time and from time to time
11issue bonds and notes for any corporate purpose, including the
12establishment of reserves and the payment of interest and
13costs of issuance. If bonds are issued under this Act to fund
14facilities for professional men's sports, some bonds must also
15be issued to fund facilities for professional women's sports;
16and, if the Authority does not have a professional women's
17sports facility project to work on at the time of issuance of
18the bonds, then either: (i) the proceeds from the bonds issued
19for professional women's sports shall be placed into a
20dedicated fund until the Authority has a professional women's
21sports facility project on which to work, or (ii) a portion of
22the revenue source supporting the bonds must be left unused
23and dedicated to support a future bond issuance solely focused
24on professional women's sports facility projects. The portion

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1required under item (ii) shall be as required by statute or, if
2no statute sets the portion, shall be in an amount set by the
3Commission on Equity and Inclusion. In this Act the term
4"bonds" includes notes of any kind, interim certificates,
5refunding bonds, or any other evidence of obligation for
6borrowed money issued under this Section 13. Bonds may be
7issued in one or more series and may be payable and secured
8either on a parity with or separately from other bonds.
9 (2) The bonds of any issue shall be payable solely from all
10or any part of the property or revenues of the Authority,
11including, without limitation:
12 (i) Rents, rates, fees, charges or other revenues
13 payable to or any receipts of the Authority, including
14 amounts which are deposited pursuant to the Act with a
15 trustee for bondholders;
16 (ii) Payments by financial institutions, insurance
17 companies, or others pursuant to letters or lines of
18 credit, policies of insurance, or purchase agreements;
19 (iii) Investment earnings from funds or accounts
20 maintained pursuant to a bond resolution or trust
21 agreement; and
22 (iv) Proceeds of refunding bonds.
23 (3) Bonds may be authorized by a resolution of the
24Authority and may be secured by a trust agreement by and
25between the Authority and a corporate trustee or trustees,
26which may be any trust company or bank having the powers of a

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1trust company within or without the State. Bonds may:
2 (i) Mature at a time or times, whether as serial bonds
3 or as term bonds or both, not exceeding 40 years from their
4 respective dates of issue;
5 (ii) Notwithstanding the Bond Authorization Act
6 provision of "An Act to authorize public corporations to
7 issue bonds, other evidences of indebtedness and tax
8 anticipation warrants subject to interest rate limitations
9 set forth therein", approved May 26, 1970, as now or
10 hereafter amended, or any other provision of law, bear
11 interest at any fixed or variable rate or rates determined
12 by the method provided in the resolution or trust
13 agreement;
14 (iii) Be payable at a time or times, in the
15 denominations and form, either coupon or registered or
16 both, and carry the registration and privileges as to
17 exchange, transfer or conversion and for the replacement
18 of mutilated, lost, or destroyed bonds as the resolution
19 or trust agreement may provide;
20 (iv) Be payable in lawful money of the United States
21 at a designated place;
22 (v) Be subject to the terms of purchase, payment,
23 redemption, refunding or refinancing that the resolution
24 or trust agreement provides;
25 (vi) Be executed by the manual or facsimile signatures
26 of the officers of the Authority designated by the

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1 Authority which signatures shall be valid at delivery even
2 for one who has ceased to hold office; and
3 (vii) Be sold in the manner and upon the terms
4 determined by the Authority.
5 (B) Any resolution or trust agreement may contain
6provisions which shall be a part of the contract with the
7holders of the bonds as to:
8 (1) Pledging, assigning or directing the use,
9 investment, or disposition of all or any part of the
10 revenues of the Authority or proceeds or benefits of any
11 contract including, without limit, any management
12 agreement or assistance agreement and conveying or
13 otherwise securing any property or property rights;
14 (2) The setting aside of loan funding deposits, debt
15 service reserves, capitalized interest accounts,
16 replacement or operating reserves, cost of issuance
17 accounts and sinking funds, and the regulation,
18 investment, and disposition thereof;
19 (3) Limitations on the purposes to which or the
20 investments in which the proceeds of sale of any issue of
21 bonds or the Authority's revenues and receipts may be
22 applied or made;
23 (4) Limitations on the issue of additional bonds, the
24 terms upon which additional bonds may be issued and
25 secured, the terms upon which additional bonds may rank on
26 a parity with, or be subordinate or superior to, other

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1 bonds;
2 (5) The refunding, advance refunding or refinancing of
3 outstanding bonds;
4 (6) The procedure, if any, by which the terms of any
5 contract with bondholders may be altered or amended and
6 the amount of bonds and holders of which must consent
7 thereto, and the manner in which consent shall be given;
8 (7) Defining the acts or omissions which shall
9 constitute a default in the duties of the Authority to
10 holders of bonds and providing the rights or remedies of
11 such holders in the event of a default which may include
12 provisions restricting individual right of action by
13 bondholders;
14 (8) Providing for guarantees, pledges of property,
15 letters of credit, or other security, or insurance for the
16 benefit of bondholders; and
17 (9) Any other matter relating to the bonds which the
18 Authority determines appropriate.
19 (C) No member of the Authority nor any person executing
20the bonds shall be liable personally on the bonds or subject to
21any personal liability by reason of the issuance of the bonds.
22 (D) The Authority may enter into agreements with agents,
23banks, insurers, or others for the purpose of enhancing the
24marketability of or security for its bonds.
25 (E) (1) A pledge by the Authority of revenues and receipts
26as security for an issue of bonds or for the performance of its

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1obligations under any management agreement or assistance
2agreement shall be valid and binding from the time when the
3pledge is made.
4 (2) The revenues and receipts pledged shall immediately be
5subject to the lien of the pledge without any physical
6delivery or further act, and the lien of any pledge shall be
7valid and binding against any person having any claim of any
8kind in tort, contract or otherwise against the Authority,
9irrespective of whether the person has notice.
10 (3) No resolution, trust agreement, management agreement
11or assistance agreement or any financing statement,
12continuation statement, or other instrument adopted or entered
13into by the Authority need be filed or recorded in any public
14record other than the records of the Authority in order to
15perfect the lien against third persons, regardless of any
16contrary provision of law.
17 (F) The Authority may issue bonds to refund, advance
18refund or refinance any of its bonds then outstanding,
19including the payment of any redemption premium and any
20interest accrued or to accrue to the earliest or any
21subsequent date of redemption, purchase or maturity of the
22bonds. Refunding or advance refunding bonds may be issued for
23the public purposes of realizing savings in the effective
24costs of debt service, directly or through a debt
25restructuring, for alleviating impending or actual default, or
26for paying principal of, redemption premium, if any, and

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1interest on bonds as they mature or are subject to redemption,
2and may be issued in one or more series in an amount in excess
3of that of the bonds to be refunded.
4 (G) At no time shall the total outstanding bonds and notes
5of the Authority issued under this Section 13 exceed (i)
6$150,000,000 in connection with facilities owned by the
7Authority or in connection with other authorized corporate
8purposes of the Authority and (ii) $399,000,000 in connection
9with facilities owned by a governmental owner other than the
10Authority; however, the limit on the total outstanding bond
11and notes set forth in this sentence shall not apply to any
12refunding or restructuring bonds issued by the Authority on
13and after June 17, 2021 (the effective date of Public Act
14102-16) this amendatory Act of the 102nd General Assembly but
15prior to December 31, 2024. Bonds which are being paid or
16retired by issuance, sale or delivery of bonds or notes, and
17bonds or notes for which sufficient funds have been deposited
18with the paying agent or trustee to provide for payment of
19principal and interest thereon, and any redemption premium, as
20provided in the authorizing resolution, shall not be
21considered outstanding for the purposes of this paragraph.
22 (H) The bonds and notes of the Authority shall not be
23indebtedness of the City of Chicago, of the State, or of any
24political subdivision of the State other than the Authority.
25The bonds and notes of the Authority are not general
26obligations of the State of Illinois or the City of Chicago, or

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1of any other political subdivision of the State other than the
2Authority, and are not secured by a pledge of the full faith
3and credit of the State of Illinois or the City of Chicago, or
4of any other political subdivision of the State other than the
5Authority, and the holders of bonds and notes of the Authority
6may not require the levy or imposition by the State or the City
7of Chicago, or any other political subdivision of the State
8other than the Authority, of any taxes or, except as provided
9in this Act, the application of revenues or funds of the State
10of Illinois or the City of Chicago or any other political
11subdivision of the State other than the Authority to the
12payment of bonds and notes of the Authority.
13 (I) In order to provide for the payment of debt service
14requirements (including amounts for reserve funds and to pay
15the costs of credit enhancements) on bonds issued pursuant to
16this Act, the Authority may provide in any trust agreement
17securing such bonds for a pledge and assignment of its right to
18all amounts to be received from the Illinois Sports Facilities
19Fund and for a pledge and assignment (subject to the terms of
20any management agreement or assistance agreement) of all taxes
21and other amounts to be received under Section 19 of this Act
22and may further provide by written notice to the State
23Treasurer and State Comptroller (which notice shall constitute
24a direction to those officers) for a direct payment of these
25amounts to the trustee for its bondholders.
26 (J) The State of Illinois pledges to and agrees with the

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1holders of the bonds and notes of the Authority issued
2pursuant to this Act that the State will not limit or alter the
3rights and powers vested in the Authority by this Act so as to
4impair the terms of any contract made by the Authority with
5such holders or in any way impair the rights and remedies of
6such holders until such bonds and notes, together with
7interest thereon, with interest on any unpaid installments of
8interest, and all costs and expenses in connection with any
9action or proceedings by or on behalf of such holders, are
10fully met and discharged. In addition, the State pledges to
11and agrees with the holders of the bonds and notes of the
12Authority issued pursuant to this Act that the State will not
13limit or alter the basis on which State funds are to be
14allocated, deposited and paid to the Authority as provided in
15this Act, or the use of such funds, so as to impair the terms
16of any such contract. The Authority is authorized to include
17these pledges and agreements of the State in any contract with
18the holders of bonds or notes issued pursuant to this Section.
19Nothing in Public Act 102-16 this amendatory Act of the 102nd
20General Assembly is intended to limit or alter the rights and
21powers of the Authority so as to impair the terms of any
22contract made by the Authority with the holders of the bonds
23and notes of the Authority issued pursuant to this Act.
24(Source: P.A. 102-16, eff. 6-17-21.)
25 (70 ILCS 3205/7.8 rep.)

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1 Section 15. The Illinois Sports Facilities Authority Act
2is amended by repealing Section 7.8.
3 Section 99. Effective date. This Act takes effect upon
4becoming law.

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1 INDEX
2 Statutes amended in order of appearance