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093_SB0719enr
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1 AN ACT concerning conveyances.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Department of Central Management Services
5 Law of the Civil Administrative Code of Illinois is amended
6 by changing Section 405-315 as follows:
7 (20 ILCS 405/405-315) (was 20 ILCS 405/67.24)
8 Sec. 405-315. Management of State buildings; security
9 force; fees.
10 (a) To manage, operate, maintain, and preserve from
11 waste the State buildings listed below. The Department may
12 rent portions of these and other State buildings when in the
13 judgment of the Director those leases or subleases will be in
14 the best interests of the State. The leases or subleases
15 shall not exceed 5 years unless a greater term is
16 specifically authorized.
17 a. Peoria Regional Office Building
18 5415 North University
19 Peoria, Illinois 61614
20 b. Springfield Regional Office Building
21 4500 South 6th Street
22 Springfield, Illinois 62703
23 c. Champaign Regional Office Building
24 2125 South 1st Street
25 Champaign, Illinois 61820
26 d. Illinois State Armory Building
27 124 East Adams
28 Springfield, Illinois 62706
29 e. Marion Regional Office Building
30 2209 West Main Street
31 Marion, Illinois 62959
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1 f. Kenneth Hall Regional State Office
2 Building
3 #10 Collinsville Avenue
4 East St. Louis, Illinois 62201
5 g. Rockford Regional Office Building
6 4402 North Main Street
7 P.O. Box 915
8 Rockford, Illinois 61105
9 h. State of Illinois Building
10 160 North LaSalle
11 Chicago, Illinois 60601
12 i. Office and Laboratory Building
13 2121 West Taylor Street
14 Chicago, Illinois 60602
15 j. Central Computer Facility
16 201 West Adams
17 Springfield, Illinois 62706
18 k. Elgin Office Building
19 595 South State Street
20 Elgin, Illinois 60120
21 l. James R. Thompson Center
22 Bounded by Lake, Clark, Randolph and
23 LaSalle Streets
24 Chicago, Illinois
25 m. The following buildings located within the Chicago
26 Medical Center District:
27 1. Lawndale Day Care Center
28 2929 West 19th Street
29 2. Edwards Center
30 2020 Roosevelt Road
31 3. Illinois Center for
32 Rehabilitation and Education
33 1950 West Roosevelt Road and 1151 South Wood Street
34 4. Department of Children and
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1 Family Services District Office
2 1026 South Damen
3 5. The William Heally School
4 1731 West Taylor
5 6. Administrative Office Building
6 1100 South Paulina Street
7 7. Metro Children and Adolescents Center
8 1601 West Taylor Street
9 n. E.J. "Zeke" Giorgi Center
10 200 Wyman Street
11 Rockford, Illinois
12 o. Suburban North Facility
13 9511 Harrison
14 Des Plaines, Illinois
15 p. The following buildings located within the Revenue
16 Center in Springfield:
17 1. State Property Control Warehouse
18 11th & Ash
19 2. Illinois State Museum Research & Collections
20 Center
21 1011 East Ash Street
22 q. Effingham Regional Office Building
23 401 Industrial Drive
24 Effingham, Illinois
25 r. The Communications Center
26 120 West Jefferson
27 Springfield, Illinois
28 s. Portions or all of the basement and
29 ground floor of the
30 State of Illinois Building
31 160 North LaSalle
32 Chicago, Illinois 60601
33 may be leased or subleased to persons, firms, partnerships,
34 associations, or individuals for terms not to exceed 15 years
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1 when in the judgment of the Director those leases or
2 subleases will be in the best interests of the State.
3 Portions or all of the commercial space, which includes
4 the sub-basement, storage mezzanine, concourse, and ground
5 and second floors of the
6 James R. Thompson Center
7 Bounded by Lake, Clark, Randolph and LaSalle Streets
8 Chicago, Illinois
9 may be leased or subleased to persons, firms, partnerships,
10 associations, or individuals for terms not to exceed 15 years
11 subject to renewals when in the judgment of the Director
12 those leases or subleases will be in the best interests of
13 the State.
14 The Director is authorized to rent portions of the above
15 described facilities to persons, firms, partnerships,
16 associations, or individuals for terms not to exceed 30 days
17 when those leases or subleases will not interfere with State
18 usage of the facility. This authority is meant to supplement
19 and shall not in any way be interpreted to restrict the
20 Director's ability to make portions of the State of Illinois
21 Building and the James R. Thompson Center available for
22 long-term commercial leases or subleases.
23 Provided however, that all rentals or fees charged to
24 persons, firms, partnerships, associations, or individuals
25 for any lease or use of space in the above described
26 facilities made for terms not to exceed 30 days in length
27 shall be deposited in a special fund in the State treasury to
28 be known as the Special Events Revolving Fund.
29 Notwithstanding the provisions above, the Department of
30 Children and Family Services and the Department of Human
31 Services (as successor to the Department of Rehabilitation
32 Services and the Department of Mental Health and
33 Developmental Disabilities) shall determine the allocation of
34 space for direct recipient care in their respective
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1 facilities. The Department of Central Management Services
2 shall consult with the affected agency in the allocation and
3 lease of surplus space in these facilities. Potential lease
4 arrangements shall not endanger the direct recipient care
5 responsibilities in these facilities.
6 (b) To appoint, subject to the Personnel Code, persons
7 to be members of a police and security force. Members of the
8 security force shall be peace officers when performing duties
9 pursuant to this Section and as such shall have all of the
10 powers possessed by policemen in cities and sheriffs,
11 including the power to make arrests on view or issue
12 citations for violations of State statutes or city or county
13 ordinances, except that in counties of more than 1,000,000
14 population, any powers created by this subsection shall be
15 exercised only (i) when necessary to protect the property,
16 personnel, or interests of the Department or any State agency
17 for whom the Department manages, operates, or maintains
18 property or (ii) when specifically requested by appropriate
19 State or local law enforcement officials, and except that
20 within counties of 1,000,000 or less population, these powers
21 shall be exercised only when necessary to protect the
22 property, personnel, or interests of the State of Illinois
23 and only while on property managed, operated, or maintained
24 by the Department.
25 Nothing in this subsection shall be construed so as to
26 make it conflict with any provisions of, or rules promulgated
27 under, the Personnel Code.
28 (c) To charge reasonable fees to all State agencies
29 utilizing facilities operated by the Department for occupancy
30 related fees and charges. All fees collected under this
31 subsection shall be deposited in a special fund in the State
32 treasury known as the Facilities Management Revolving Fund.
33 As used in this subsection, the term "State agencies" means
34 all departments, officers, commissions, institutions, boards,
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1 and bodies politic and corporate of the State.
2 (d) Provisions of this Section relating to the James R.
3 Thompson Center are subject to the provisions of Section 7.4
4 of the State Property Control Act.
5 (Source: P.A. 91-239, eff. 1-1-00; 92-302, eff. 8-9-01.)
6 Section 10. The State Finance Act is amended by changing
7 Section 25 as follows:
8 (30 ILCS 105/25) (from Ch. 127, par. 161)
9 Sec. 25. Fiscal year limitations.
10 (a) All appropriations shall be available for
11 expenditure for the fiscal year or for a lesser period if the
12 Act making that appropriation so specifies. A deficiency or
13 emergency appropriation shall be available for expenditure
14 only through June 30 of the year when the Act making that
15 appropriation is enacted unless that Act otherwise provides.
16 (b) Outstanding liabilities as of June 30, payable from
17 appropriations which have otherwise expired, may be paid out
18 of the expiring appropriations during the 2-month period
19 ending at the close of business on August 31. Any service
20 involving professional or artistic skills or any personal
21 services by an employee whose compensation is subject to
22 income tax withholding must be performed as of June 30 of the
23 fiscal year in order to be considered an "outstanding
24 liability as of June 30" that is thereby eligible for payment
25 out of the expiring appropriation.
26 However, payment of tuition reimbursement claims under
27 Section 14-7.03 or 18-3 of the School Code may be made by the
28 State Board of Education from its appropriations for those
29 respective purposes for any fiscal year, even though the
30 claims reimbursed by the payment may be claims attributable
31 to a prior fiscal year, and payments may be made at the
32 direction of the State Superintendent of Education from the
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1 fund from which the appropriation is made without regard to
2 any fiscal year limitations.
3 Medical payments may be made by the Department of
4 Veterans' Affairs from its appropriations for those purposes
5 for any fiscal year, without regard to the fact that the
6 medical services being compensated for by such payment may
7 have been rendered in a prior fiscal year.
8 Medical payments may be made by the Department of Public
9 Aid and child care payments may be made by the Department of
10 Human Services (as successor to the Department of Public Aid)
11 from appropriations for those purposes for any fiscal year,
12 without regard to the fact that the medical or child care
13 services being compensated for by such payment may have been
14 rendered in a prior fiscal year; and payments may be made at
15 the direction of the Department of Central Management
16 Services from the Health Insurance Reserve Fund and the Local
17 Government Health Insurance Reserve Fund without regard to
18 any fiscal year limitations.
19 Additionally, payments may be made by the Department of
20 Human Services from its appropriations, or any other State
21 agency from its appropriations with the approval of the
22 Department of Human Services, from the Immigration Reform and
23 Control Fund for purposes authorized pursuant to the
24 Immigration Reform and Control Act of 1986, without regard to
25 any fiscal year limitations.
26 Further, with respect to costs incurred in fiscal years
27 2002 and 2003 only, payments may be made by the State
28 Treasurer from its appropriations from the Capital Litigation
29 Trust Fund without regard to any fiscal year limitations.
30 Lease payments may be made by the Department of Central
31 Management Services under the sale and leaseback provisions
32 of Section 7.4 of the State Property Control Act with respect
33 to the James R. Thompson Center and the Elgin Mental Health
34 Center and surrounding land from appropriations for that
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1 purpose without regard to any fiscal year limitations.
2 Lease payments may be made under the sale and leaseback
3 provisions of Section 7.5 of the State Property Control Act
4 with respect to the Illinois State Toll Highway Authority
5 headquarters building and surrounding land without regard to
6 any fiscal year limitations.
7 (c) Further, payments may be made by the Department of
8 Public Health and the Department of Human Services (acting as
9 successor to the Department of Public Health under the
10 Department of Human Services Act) from their respective
11 appropriations for grants for medical care to or on behalf of
12 persons suffering from chronic renal disease, persons
13 suffering from hemophilia, rape victims, and premature and
14 high-mortality risk infants and their mothers and for grants
15 for supplemental food supplies provided under the United
16 States Department of Agriculture Women, Infants and Children
17 Nutrition Program, for any fiscal year without regard to the
18 fact that the services being compensated for by such payment
19 may have been rendered in a prior fiscal year.
20 (d) The Department of Public Health and the Department
21 of Human Services (acting as successor to the Department of
22 Public Health under the Department of Human Services Act)
23 shall each annually submit to the State Comptroller, Senate
24 President, Senate Minority Leader, Speaker of the House,
25 House Minority Leader, and the respective Chairmen and
26 Minority Spokesmen of the Appropriations Committees of the
27 Senate and the House, on or before December 31, a report of
28 fiscal year funds used to pay for services provided in any
29 prior fiscal year. This report shall document by program or
30 service category those expenditures from the most recently
31 completed fiscal year used to pay for services provided in
32 prior fiscal years.
33 (e) The Department of Public Aid and the Department of
34 Human Services (acting as successor to the Department of
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1 Public Aid) shall each annually submit to the State
2 Comptroller, Senate President, Senate Minority Leader,
3 Speaker of the House, House Minority Leader, the respective
4 Chairmen and Minority Spokesmen of the Appropriations
5 Committees of the Senate and the House, on or before November
6 30, a report that shall document by program or service
7 category those expenditures from the most recently completed
8 fiscal year used to pay for (i) services provided in prior
9 fiscal years and (ii) services for which claims were received
10 in prior fiscal years.
11 (f) The Department of Human Services (as successor to
12 the Department of Public Aid) shall annually submit to the
13 State Comptroller, Senate President, Senate Minority Leader,
14 Speaker of the House, House Minority Leader, and the
15 respective Chairmen and Minority Spokesmen of the
16 Appropriations Committees of the Senate and the House, on or
17 before December 31, a report of fiscal year funds used to pay
18 for services (other than medical care) provided in any prior
19 fiscal year. This report shall document by program or
20 service category those expenditures from the most recently
21 completed fiscal year used to pay for services provided in
22 prior fiscal years.
23 (g) In addition, each annual report required to be
24 submitted by the Department of Public Aid under subsection
25 (e) shall include the following information with respect to
26 the State's Medicaid program:
27 (1) Explanations of the exact causes of the
28 variance between the previous year's estimated and actual
29 liabilities.
30 (2) Factors affecting the Department of Public
31 Aid's liabilities, including but not limited to numbers
32 of aid recipients, levels of medical service utilization
33 by aid recipients, and inflation in the cost of medical
34 services.
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1 (3) The results of the Department's efforts to
2 combat fraud and abuse.
3 (h) As provided in Section 4 of the General Assembly
4 Compensation Act, any utility bill for service provided to a
5 General Assembly member's district office for a period
6 including portions of 2 consecutive fiscal years may be paid
7 from funds appropriated for such expenditure in either fiscal
8 year.
9 (i) An agency which administers a fund classified by the
10 Comptroller as an internal service fund may issue rules for:
11 (1) billing user agencies in advance based on
12 estimated charges for goods or services;
13 (2) issuing credits during the subsequent fiscal
14 year for all user agency payments received during the
15 prior fiscal year which were in excess of the final
16 amounts owed by the user agency for that period; and
17 (3) issuing catch-up billings to user agencies
18 during the subsequent fiscal year for amounts remaining
19 due when payments received from the user agency during
20 the prior fiscal year were less than the total amount
21 owed for that period.
22 User agencies are authorized to reimburse internal service
23 funds for catch-up billings by vouchers drawn against their
24 respective appropriations for the fiscal year in which the
25 catch-up billing was issued.
26 (Source: P.A. 92-885, eff. 1-13-03.)
27 Section 12. The Illinois Procurement Code is amended by
28 adding Sections 40-45 and 40-46 as follows:
29 (30 ILCS 500/40-45 new)
30 Sec. 40-45. Leases exempt from Article. A lease entered
31 into by the State under Section 7.4 of the State Property
32 Control Act is not subject to the provisions of this Article.
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1 (30 ILCS 500/40-46 new)
2 Sec. 40-46. Leases exempt from Article. A lease entered
3 into under Section 7.5 of the State Property Control Act is
4 not subject to the provisions of this Article.
5 Section 15. The State Property Control Act is amended by
6 adding Sections 7.4 and 7.5 as follows:
7 (30 ILCS 605/7.4 new)
8 Sec. 7.4. James R. Thompson Center; Elgin Mental Health
9 Center.
10 (a) Notwithstanding any other provision of this Act or
11 any other law to the contrary, the administrator is
12 authorized under this Section to dispose of or mortgage (i)
13 the James R. Thompson Center located in Chicago, Illinois and
14 (ii) the Elgin Mental Health Center and surrounding land
15 located at 750 S. State Street, Elgin, Illinois in any of the
16 following ways:
17 (1) The administrator may sell the property as
18 provided in subsection (b).
19 (2) The administrator may sell the property as
20 provided in subsection (b), and the administrator may
21 immediately thereafter enter into a leaseback or other
22 agreement that directly or indirectly gives the State a
23 right to use, control, and possess the property.
24 Notwithstanding any other provision of law, a lease
25 entered into by the administrator under this subdivision
26 (a)(2) may last for any period not exceeding 99 years.
27 (3) The administrator may enter into a mortgage
28 agreement, using the property as collateral, to receive a
29 loan or a line of credit based on the equity available in
30 the property. Any loan obtained or line of credit
31 established under this subdivision (a)(3) must require
32 repayment in full in 20 years or less.
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1 (b) The administrator shall obtain 3 appraisals of the
2 real property transferred under subdivision (a)(1) or (a)(2)
3 of this Section, one of which shall be performed by an
4 appraiser residing in the county in which the real property
5 is located. The average of these 3 appraisals, plus the costs
6 of obtaining the appraisals, shall represent the fair market
7 value of the real property. No property may be conveyed under
8 subdivision (a)(1) or (a)(2) of this Section by the
9 administrator for less than the fair market value. The
10 administrator may sell the real property by public auction
11 following notice of the sale by publication on 3 separate
12 days not less than 15 nor more than 30 days prior to the sale
13 in a daily newspaper having general circulation in the county
14 in which the real property is located. If no acceptable
15 offers for the real property are received, the administrator
16 may have new appraisals of the property made. The
17 administrator shall have all power necessary to convey real
18 property under subdivision (a)(1) or (a)(2) of this Section.
19 The administrator shall have authority to order such
20 surveys, abstracts of title, or commitments for title
21 insurance as may, in his or her reasonable discretion, be
22 deemed necessary to demonstrate to prospective purchasers,
23 bidders, or mortgagees good and marketable title in any
24 property offered for sale or mortgage under this Section.
25 Unless otherwise specifically authorized by the General
26 Assembly, all conveyances of property made by the
27 administrator under subdivision (a)(1) or (a)(2) of this
28 Section shall be by quit claim deed.
29 (c) All moneys received from the sale or mortgage of real
30 property under this Section shall be deposited into the
31 General Revenue Fund.
32 (d) The administrator is authorized to enter into any
33 agreements and execute any documents necessary to exercise
34 the authority granted by this Section.
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1 (e) Any agreement to dispose of or mortgage (i) the James
2 R. Thompson Center located in Chicago, Illinois or (ii) the
3 Elgin Mental Health Center and surrounding land located at
4 750 S. State Street, Elgin, Illinois pursuant to the
5 authority granted by this Section must be entered into no
6 later than one year after the effective date of this
7 amendatory Act of the 93rd General Assembly.
8 (30 ILCS 605/7.5 new)
9 Sec. 7.5. Illinois State Toll Highway Authority
10 headquarters.
11 (a) Notwithstanding any other provision of this Act or
12 any other law to the contrary, the Illinois State Toll
13 Highway Authority, as set forth in items (1) through (3), is
14 authorized under this Section to dispose of or mortgage the
15 Illinois State Toll Highway Authority headquarters building
16 and surrounding land, located at 2700 Ogden Avenue, Downers
17 Grove, Illinois in any of the following ways:
18 (1) The Authority may sell the property as provided
19 in subsection (b).
20 (2) The Authority may sell the property as provided
21 in subsection (b) and may immediately thereafter enter
22 into a leaseback or other agreement that directly or
23 indirectly gives the State or the Authority a right to
24 use, control, and possess the property. Notwithstanding
25 any other provision of law, a lease entered into under
26 this subdivision (a)(2) may last for any period not
27 exceeding 99 years.
28 (3) The Authority may enter into a mortgage
29 agreement, using the property as collateral, to receive a
30 loan or a line of credit based on the equity available in
31 the property. Any loan obtained or line of credit
32 established under this subdivision (a)(3) must require
33 repayment in full in 20 years or less.
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1 (b) The Illinois State Toll Highway Authority shall
2 obtain 3 appraisals of the real property transferred under
3 subdivision (a)(1) or (a)(2) of this Section, one of which
4 shall be performed by an appraiser residing in the county in
5 which the real property is located. The average of these 3
6 appraisals, plus the costs of obtaining the appraisals, shall
7 represent the fair market value of the real property. No
8 property may be conveyed under subdivision (a)(1) or (a)(2)
9 of this Section by the Authority for less than the fair
10 market value. The Authority may sell the real property by
11 public auction following notice of the sale by publication on
12 3 separate days not less than 15 nor more than 30 days prior
13 to the sale in a daily newspaper having general circulation
14 in the county in which the real property is located. If no
15 acceptable offers for the real property are received, the
16 Authority may have new appraisals of the property made. The
17 Authority shall have all power necessary to convey real
18 property under subdivision (a)(1) or (a)(2) of this Section.
19 The Illinois State Toll Highway Authority shall have
20 authority to order such surveys, abstracts of title, or
21 commitments for title insurance as may, in his or her
22 reasonable discretion, be deemed necessary to demonstrate to
23 prospective purchasers, bidders, or mortgagees good and
24 marketable title in any property offered for sale or mortgage
25 under this Section. Unless otherwise specifically authorized
26 by the General Assembly, all conveyances of property made by
27 the Authority under subdivision (a)(1) or (a)(2) of this
28 Section shall be by quit claim deed.
29 (c) All moneys received from the sale or mortgage of real
30 property under this Section shall be deposited into the
31 General Revenue Fund.
32 (d) The Authority is authorized to enter into any
33 agreements and execute any documents necessary to exercise
34 the authority granted by this Section.
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1 (e) Any agreement to dispose of or mortgage the Illinois
2 State Toll Highway Authority headquarters building and
3 surrounding land located at 2700 Ogden Avenue, Downers Grove,
4 Illinois pursuant to the authority granted by this Section
5 must be entered into no later than one year after the
6 effective date of this amendatory Act of the 93rd General
7 Assembly.
8 (f) The provisions of this Section apply and control
9 notwithstanding any other provision of this Act or any other
10 law to the contrary.
11 Section 20. The Property Tax Code is amended by changing
12 Sections 9-195 and 15-55 and adding Section 15-185 as
13 follows:
14 (35 ILCS 200/9-195)
15 Sec. 9-195. Leasing of exempt property.
16 (a) Except as provided in Sections 15-35, 15-55, 15-60,
17 15-100, and 15-103, and 15-185, when property which is exempt
18 from taxation is leased to another whose property is not
19 exempt, and the leasing of which does not make the property
20 taxable, the leasehold estate and the appurtenances shall be
21 listed as the property of the lessee thereof, or his or her
22 assignee. Taxes on that property shall be collected in the
23 same manner as on property that is not exempt, and the lessee
24 shall be liable for those taxes. However, no tax lien shall
25 attach to the exempt real estate. The changes made by this
26 amendatory Act of 1997 and by this amendatory Act of the 91st
27 General Assembly are declaratory of existing law and shall
28 not be construed as a new enactment. The changes made by
29 Public Acts 88-221 and 88-420 that are incorporated into this
30 Section by this amendatory Act of 1993 are declarative of
31 existing law and are not a new enactment.
32 (b) The provisions of this Section regarding taxation of
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1 leasehold interests in exempt property do not apply to any
2 leasehold interest created pursuant to any transaction
3 described in subsection (e) of Section 15-35, subsection
4 (c-5) of Section 15-60, subsection (b) of Section 15-100, or
5 Section 15-103, or Section 15-185.
6 (Source: P.A. 91-513, eff. 8-13-99; 92-844, eff. 8-23-02;
7 92-846, eff. 8-23-02.)
8 (35 ILCS 200/15-55)
9 Sec. 15-55. State property.
10 (a) All property belonging to the State of Illinois is
11 exempt. However, the State agency holding title shall file
12 the certificate of ownership and use required by Section
13 15-10, together with a copy of any written lease or
14 agreement, in effect on March 30 of the assessment year,
15 concerning parcels of 1 acre or more, or an explanation of
16 the terms of any oral agreement under which the property is
17 leased, subleased or rented.
18 The leased property shall be assessed to the lessee and
19 the taxes thereon extended and billed to the lessee, and
20 collected in the same manner as for property which is not
21 exempt. The lessee shall be liable for the taxes and no lien
22 shall attach to the property of the State.
23 For the purposes of this Section, the word "leases"
24 includes licenses, franchises, operating agreements and other
25 arrangements under which private individuals, associations or
26 corporations are granted the right to use property of the
27 Illinois State Toll Highway Authority and includes all
28 property of the Authority used by others without regard to
29 the size of the leased parcel.
30 (b) However, all property of every kind belonging to the
31 State of Illinois, which is or may hereafter be leased to the
32 Illinois Prairie Path Corporation, shall be exempt from all
33 assessments, taxation or collection, despite the making of
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1 any such lease, if it is used for:
2 (1)(a) conservation, nature trail or any other
3 charitable, scientific, educational or recreational
4 purposes with public benefit, including the preserving
5 and aiding in the preservation of natural areas, objects,
6 flora, fauna or biotic communities;
7 (2)(b) the establishment of footpaths, trails and
8 other protected areas;
9 (3)(c) the conservation of the proper use of
10 natural resources or the promotion of the study of plant
11 and animal communities and of other phases of ecology,
12 natural history and conservation;
13 (4)(d) the promotion of education in the fields of
14 nature, preservation and conservation; or
15 (5)(e) similar public recreational activities
16 conducted by the Illinois Prairie Path Corporation.
17 No lien shall attach to the property of the State. No tax
18 liability shall become the obligation of or be enforceable
19 against Illinois Prairie Path Corporation.
20 (c) If the State sells the James R. Thompson Center or
21 the Elgin Mental Health Center and surrounding land located
22 at 750 S. State Street, Elgin, Illinois, as provided in
23 subdivision (a)(2) of Section 7.4 of the State Property
24 Control Act, to another entity whose property is not exempt
25 and immediately thereafter enters into a leaseback or other
26 agreement that directly or indirectly gives the State a right
27 to use, control, and possess the property, that portion of
28 the property leased and occupied exclusively by the State
29 shall remain exempt under this Section. For the property to
30 remain exempt under this subsection (c), the State must
31 retain an option to purchase the property at a future date
32 or, within the limitations period for reverters, the property
33 must revert back to the State.
34 If the property has been conveyed as described in this
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1 subsection (c), the property is no longer exempt pursuant to
2 this Section as of the date when:
3 (1) the right of the State to use, control, and
4 possess the property has been terminated; or
5 (2) the State no longer has an option to purchase or
6 otherwise acquire the property and there is no provision
7 for a reverter of the property to the State within the
8 limitations period for reverters.
9 Pursuant to Sections 15-15 and 15-20 of this Code, the
10 State shall notify the chief county assessment officer of any
11 transaction under this subsection (c). The chief county
12 assessment officer shall determine initial and continuing
13 compliance with the requirements of this Section for tax
14 exemption. Failure to notify the chief county assessment
15 officer of a transaction under this subsection (c) or to
16 otherwise comply with the requirements of Sections 15-15 and
17 15-20 of this Code shall, in the discretion of the chief
18 county assessment officer, constitute cause to terminate the
19 exemption, notwithstanding any other provision of this Code.
20 (c-1) If the Illinois State Toll Highway Authority sells
21 the Illinois State Toll Highway Authority headquarters
22 building and surrounding land, located at 2700 Ogden Avenue,
23 Downers Grove, Illinois as provided in subdivision (a)(2) of
24 Section 7.5 of the State Property Control Act, to another
25 entity whose property is not exempt and immediately
26 thereafter enters into a leaseback or other agreement that
27 directly or indirectly gives the State or the Illinois State
28 Toll Highway Authority a right to use, control, and possess
29 the property, that portion of the property leased and
30 occupied exclusively by the State or the Authority shall
31 remain exempt under this Section. For the property to remain
32 exempt under this subsection (c), the Authority must retain
33 an option to purchase the property at a future date or,
34 within the limitations period for reverters, the property
SB719 Enrolled -19- LRB093 03034 LCB 03051 b
1 must revert back to the Authority.
2 If the property has been conveyed as described in this
3 subsection (c), the property is no longer exempt pursuant to
4 this Section as of the date when:
5 (1) the right of the State or the Authority to use,
6 control, and possess the property has been terminated; or
7 (2) the Authority no longer has an option to
8 purchase or otherwise acquire the property and there is
9 no provision for a reverter of the property to the
10 Authority within the limitations period for reverters.
11 Pursuant to Sections 15-15 and 15-20 of this Code, the
12 Authority shall notify the chief county assessment officer of
13 any transaction under this subsection (c). The chief county
14 assessment officer shall determine initial and continuing
15 compliance with the requirements of this Section for tax
16 exemption. Failure to notify the chief county assessment
17 officer of a transaction under this subsection (c) or to
18 otherwise comply with the requirements of Sections 15-15 and
19 15-20 of this Code shall, in the discretion of the chief
20 county assessment officer, constitute cause to terminate the
21 exemption, notwithstanding any other provision of this Code.
22 (d) Public Act 81-1026 applies to all leases or
23 agreements entered into or renewed on or after September 24,
24 1979.
25 (Source: P.A. 86-413; 88-455.)
26 (35 ILCS 200/15-185 new)
27 Sec. 15-185. Leaseback exemption. Notwithstanding
28 anything in this Code to the contrary, all property owned by
29 a municipality with a population of over 500,000 inhabitants,
30 or a unit of local government whose jurisdiction includes
31 territory located in whole or in part within a municipality
32 with a population of over 500,000 inhabitants, shall remain
33 exempt from taxation and any leasehold interest in that
SB719 Enrolled -20- LRB093 03034 LCB 03051 b
1 property shall not be subject to taxation under Section 9-195
2 if, for the purpose of obtaining financing, the property is
3 directly or indirectly leased, sold, or otherwise transferred
4 to another entity whose property is not exempt and
5 immediately thereafter is the subject of a leaseback or other
6 agreement that directly or indirectly gives the municipality
7 or unit of local government (i) a right to use, control, and
8 possess the property or (ii) a right to require the other
9 entity, or the other entity's designee or assignee, to use
10 the property in the performance of services for the
11 municipality or unit of local government. The property shall
12 no longer be exempt under this Section as of the date when
13 the right of the municipality or unit of local government to
14 use, control, and possess the property or to require the
15 performance of services is terminated and the municipality or
16 unit of local government no longer has any option to purchase
17 or otherwise reacquire the interest in the property which was
18 transferred by the municipality or unit of local government.
19 For purposes of this Section, "municipality" means a
20 municipality as defined in Section 1-1-2 of the Illinois
21 Municipal Code, and "unit of local government" means a unit
22 of local government as defined in Article VII, Section 1 of
23 the Constitution of the State of Illinois. The provisions of
24 this Section supersede and control over any conflicting
25 provisions of this Code.
26 Section 25. The Liquor Control Act of 1934 is amended by
27 changing Section 6-15 as follows:
28 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
29 Sec. 6-15. No alcoholic liquors shall be sold or
30 delivered in any building belonging to or under the control
31 of the State or any political subdivision thereof except as
32 provided in this Act. The corporate authorities of any city,
SB719 Enrolled -21- LRB093 03034 LCB 03051 b
1 village, incorporated town or township may provide by
2 ordinance, however, that alcoholic liquor may be sold or
3 delivered in any specifically designated building belonging
4 to or under the control of the municipality or township, or
5 in any building located on land under the control of the
6 municipality; provided that such township complies with all
7 applicable local ordinances in any incorporated area of the
8 township. Alcoholic liquors may be delivered to and sold at
9 any airport belonging to or under the control of a
10 municipality of more than 25,000 inhabitants, or in any
11 building or on any golf course owned by a park district
12 organized under the Park District Code, subject to the
13 approval of the governing board of the district, or in any
14 building or on any golf course owned by a forest preserve
15 district organized under the Downstate Forest Preserve
16 District Act, subject to the approval of the governing board
17 of the district, or on the grounds within 500 feet of any
18 building owned by a forest preserve district organized under
19 the Downstate Forest Preserve District Act during times when
20 food is dispensed for consumption within 500 feet of the
21 building from which the food is dispensed, subject to the
22 approval of the governing board of the district, or in a
23 building owned by a Local Mass Transit District organized
24 under the Local Mass Transit District Act, subject to the
25 approval of the governing Board of the District, or in
26 Bicentennial Park, or on the premises of the City of Mendota
27 Lake Park located adjacent to Route 51 in Mendota, Illinois,
28 or on the premises of Camden Park in Milan, Illinois, or in
29 the community center owned by the City of Loves Park that is
30 located at 1000 River Park Drive in Loves Park, Illinois, or,
31 in connection with the operation of an established food
32 serving facility during times when food is dispensed for
33 consumption on the premises, and at the following aquarium
34 and museums located in public parks: Art Institute of
SB719 Enrolled -22- LRB093 03034 LCB 03051 b
1 Chicago, Chicago Academy of Sciences, Chicago Historical
2 Society, Field Museum of Natural History, Museum of Science
3 and Industry, DuSable Museum of African American History,
4 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
5 Museum of Arts and Sciences in Peoria, or in connection with
6 the operation of the facilities of the Chicago Zoological
7 Society or the Chicago Horticultural Society on land owned by
8 the Forest Preserve District of Cook County, or on any land
9 used for a golf course or for recreational purposes owned by
10 the Forest Preserve District of Cook County, subject to the
11 control of the Forest Preserve District Board of
12 Commissioners and applicable local law, provided that dram
13 shop liability insurance is provided at maximum coverage
14 limits so as to hold the District harmless from all financial
15 loss, damage, and harm, or in any building located on land
16 owned by the Chicago Park District if approved by the Park
17 District Commissioners, or on any land used for a golf course
18 or for recreational purposes and owned by the Illinois
19 International Port District if approved by the District's
20 governing board, or at any airport, golf course, faculty
21 center, or facility in which conference and convention type
22 activities take place belonging to or under control of any
23 State university or public community college district,
24 provided that with respect to a facility for conference and
25 convention type activities alcoholic liquors shall be limited
26 to the use of the convention or conference participants or
27 participants in cultural, political or educational activities
28 held in such facilities, and provided further that the
29 faculty or staff of the State university or a public
30 community college district, or members of an organization of
31 students, alumni, faculty or staff of the State university or
32 a public community college district are active participants
33 in the conference or convention, or in Memorial Stadium on
34 the campus of the University of Illinois at Urbana-Champaign
SB719 Enrolled -23- LRB093 03034 LCB 03051 b
1 during games in which the Chicago Bears professional football
2 team is playing in that stadium during the renovation of
3 Soldier Field, not more than one and a half hours before the
4 start of the game and not after the end of the third quarter
5 of the game, or by a catering establishment which has rented
6 facilities from a board of trustees of a public community
7 college district, or, if approved by the District board, on
8 land owned by the Metropolitan Sanitary District of Greater
9 Chicago and leased to others for a term of at least 20 years.
10 Nothing in this Section precludes the sale or delivery of
11 alcoholic liquor in the form of original packaged goods in
12 premises located at 500 S. Racine in Chicago belonging to the
13 University of Illinois and used primarily as a grocery store
14 by a commercial tenant during the term of a lease that
15 predates the University's acquisition of the premises; but
16 the University shall have no power or authority to renew,
17 transfer, or extend the lease with terms allowing the sale of
18 alcoholic liquor; and the sale of alcoholic liquor shall be
19 subject to all local laws and regulations. After the
20 acquisition by Winnebago County of the property located at
21 404 Elm Street in Rockford, a commercial tenant who sold
22 alcoholic liquor at retail on a portion of the property under
23 a valid license at the time of the acquisition may continue
24 to do so for so long as the tenant and the County may agree
25 under existing or future leases, subject to all local laws
26 and regulations regarding the sale of alcoholic liquor. Each
27 facility shall provide dram shop liability in maximum
28 insurance coverage limits so as to save harmless the State,
29 municipality, State university, airport, golf course, faculty
30 center, facility in which conference and convention type
31 activities take place, park district, Forest Preserve
32 District, public community college district, aquarium,
33 museum, or sanitary district from all financial loss, damage
34 or harm. Alcoholic liquors may be sold at retail in buildings
SB719 Enrolled -24- LRB093 03034 LCB 03051 b
1 of golf courses owned by municipalities in connection with
2 the operation of an established food serving facility during
3 times when food is dispensed for consumption upon the
4 premises. Alcoholic liquors may be delivered to and sold at
5 retail in any building owned by a fire protection district
6 organized under the Fire Protection District Act, provided
7 that such delivery and sale is approved by the board of
8 trustees of the district, and provided further that such
9 delivery and sale is limited to fundraising events and to a
10 maximum of 6 events per year.
11 Alcoholic liquor may be delivered to and sold at retail
12 in the Dorchester Senior Business Center owned by the Village
13 of Dolton if the alcoholic liquor is sold or dispensed only
14 in connection with organized functions for which the planned
15 attendance is 20 or more persons, and if the person or
16 facility selling or dispensing the alcoholic liquor has
17 provided dram shop liability insurance in maximum limits so
18 as to hold harmless the Village of Dolton and the State from
19 all financial loss, damage and harm.
20 Alcoholic liquors may be delivered to and sold at retail
21 in any building used as an Illinois State Armory provided:
22 (i) the Adjutant General's written consent to the
23 issuance of a license to sell alcoholic liquor in such
24 building is filed with the Commission;
25 (ii) the alcoholic liquor is sold or dispensed only
26 in connection with organized functions held on special
27 occasions;
28 (iii) the organized function is one for which the
29 planned attendance is 25 or more persons; and
30 (iv) the facility selling or dispensing the
31 alcoholic liquors has provided dram shop liability
32 insurance in maximum limits so as to save harmless the
33 facility and the State from all financial loss, damage or
34 harm.
SB719 Enrolled -25- LRB093 03034 LCB 03051 b
1 Alcoholic liquors may be delivered to and sold at retail
2 in the Chicago Civic Center, provided that:
3 (i) the written consent of the Public Building
4 Commission which administers the Chicago Civic Center is
5 filed with the Commission;
6 (ii) the alcoholic liquor is sold or dispensed only
7 in connection with organized functions held on special
8 occasions;
9 (iii) the organized function is one for which the
10 planned attendance is 25 or more persons;
11 (iv) the facility selling or dispensing the
12 alcoholic liquors has provided dram shop liability
13 insurance in maximum limits so as to hold harmless the
14 Civic Center, the City of Chicago and the State from all
15 financial loss, damage or harm; and
16 (v) all applicable local ordinances are complied
17 with.
18 Alcoholic liquors may be delivered or sold in any
19 building belonging to or under the control of any city,
20 village or incorporated town where more than 75% of the
21 physical properties of the building is used for commercial or
22 recreational purposes, and the building is located upon a
23 pier extending into or over the waters of a navigable lake or
24 stream or on the shore of a navigable lake or stream.
25 Alcoholic liquor may be sold in buildings under the control
26 of the Department of Natural Resources when written consent
27 to the issuance of a license to sell alcoholic liquor in such
28 buildings is filed with the Commission by the Department of
29 Natural Resources. Notwithstanding any other provision of
30 this Act, alcoholic liquor sold by a United States Army Corps
31 of Engineers or Department of Natural Resources
32 concessionaire who was operating on June 1, 1991 for
33 on-premises consumption only is not subject to the provisions
34 of Articles IV and IX. Beer and wine may be sold on the
SB719 Enrolled -26- LRB093 03034 LCB 03051 b
1 premises of the Joliet Park District Stadium owned by the
2 Joliet Park District when written consent to the issuance of
3 a license to sell beer and wine in such premises is filed
4 with the local liquor commissioner by the Joliet Park
5 District. Beer and wine may be sold in buildings on the
6 grounds of State veterans' homes when written consent to the
7 issuance of a license to sell beer and wine in such buildings
8 is filed with the Commission by the Department of Veterans'
9 Affairs, and the facility shall provide dram shop liability
10 in maximum insurance coverage limits so as to save the
11 facility harmless from all financial loss, damage or harm.
12 Such liquors may be delivered to and sold at any property
13 owned or held under lease by a Metropolitan Pier and
14 Exposition Authority or Metropolitan Exposition and
15 Auditorium Authority.
16 Beer and wine may be sold and dispensed at professional
17 sporting events and at professional concerts and other
18 entertainment events conducted on premises owned by the
19 Forest Preserve District of Kane County, subject to the
20 control of the District Commissioners and applicable local
21 law, provided that dram shop liability insurance is provided
22 at maximum coverage limits so as to hold the District
23 harmless from all financial loss, damage and harm.
24 Nothing in this Section shall preclude the sale or
25 delivery of beer and wine at a State or county fair or the
26 sale or delivery of beer or wine at a city fair in any
27 otherwise lawful manner.
28 Alcoholic liquors may be sold at retail in buildings in
29 State parks under the control of the Department of Natural
30 Resources, provided:
31 a. the State park has overnight lodging facilities
32 with some restaurant facilities or, not having overnight
33 lodging facilities, has restaurant facilities which serve
34 complete luncheon and dinner or supper meals,
SB719 Enrolled -27- LRB093 03034 LCB 03051 b
1 b. consent to the issuance of a license to sell
2 alcoholic liquors in the buildings has been filed with
3 the commission by the Department of Natural Resources,
4 and
5 c. the alcoholic liquors are sold by the State park
6 lodge or restaurant concessionaire only during the hours
7 from 11 o'clock a.m. until 12 o'clock midnight.
8 Notwithstanding any other provision of this Act,
9 alcoholic liquor sold by the State park or restaurant
10 concessionaire is not subject to the provisions of
11 Articles IV and IX.
12 Alcoholic liquors may be sold at retail in buildings on
13 properties under the control of the Historic Sites and
14 Preservation Division of the Historic Preservation Agency or
15 the Abraham Lincoln Presidential Library and Museum provided:
16 a. the property has overnight lodging facilities
17 with some restaurant facilities or, not having overnight
18 lodging facilities, has restaurant facilities which serve
19 complete luncheon and dinner or supper meals,
20 b. consent to the issuance of a license to sell
21 alcoholic liquors in the buildings has been filed with
22 the commission by the Historic Sites and Preservation
23 Division of the Historic Preservation Agency or the
24 Abraham Lincoln Presidential Library and Museum, and
25 c. the alcoholic liquors are sold by the lodge or
26 restaurant concessionaire only during the hours from 11
27 o'clock a.m. until 12 o'clock midnight.
28 The sale of alcoholic liquors pursuant to this Section
29 does not authorize the establishment and operation of
30 facilities commonly called taverns, saloons, bars, cocktail
31 lounges, and the like except as a part of lodge and
32 restaurant facilities in State parks or golf courses owned by
33 Forest Preserve Districts with a population of less than
34 3,000,000 or municipalities or park districts.
SB719 Enrolled -28- LRB093 03034 LCB 03051 b
1 Alcoholic liquors may be sold at retail in the
2 Springfield Administration Building of the Department of
3 Transportation and the Illinois State Armory in Springfield;
4 provided, that the controlling government authority may
5 consent to such sales only if
6 a. the request is from a not-for-profit
7 organization;
8 b. such sales would not impede normal operations of
9 the departments involved;
10 c. the not-for-profit organization provides dram
11 shop liability in maximum insurance coverage limits and
12 agrees to defend, save harmless and indemnify the State
13 of Illinois from all financial loss, damage or harm;
14 d. no such sale shall be made during normal working
15 hours of the State of Illinois; and
16 e. the consent is in writing.
17 Alcoholic liquors may be sold at retail in buildings in
18 recreational areas of river conservancy districts under the
19 control of, or leased from, the river conservancy districts.
20 Such sales are subject to reasonable local regulations as
21 provided in Article IV; however, no such regulations may
22 prohibit or substantially impair the sale of alcoholic
23 liquors on Sundays or Holidays.
24 Alcoholic liquors may be provided in long term care
25 facilities owned or operated by a county under Division 5-21
26 or 5-22 of the Counties Code, when approved by the facility
27 operator and not in conflict with the regulations of the
28 Illinois Department of Public Health, to residents of the
29 facility who have had their consumption of the alcoholic
30 liquors provided approved in writing by a physician licensed
31 to practice medicine in all its branches.
32 Alcoholic liquors may be delivered to and dispensed in
33 State housing assigned to employees of the Department of
34 Corrections. No person shall furnish or allow to be furnished
SB719 Enrolled -29- LRB093 03034 LCB 03051 b
1 any alcoholic liquors to any prisoner confined in any jail,
2 reformatory, prison or house of correction except upon a
3 physician's prescription for medicinal purposes.
4 Alcoholic liquors may be sold at retail or dispensed at
5 the Willard Ice Building in Springfield, at the State Library
6 in Springfield, and at Illinois State Museum facilities by
7 (1) an agency of the State, whether legislative, judicial or
8 executive, provided that such agency first obtains written
9 permission to sell or dispense alcoholic liquors from the
10 controlling government authority, or by (2) a not-for-profit
11 organization, provided that such organization:
12 a. Obtains written consent from the controlling
13 government authority;
14 b. Sells or dispenses the alcoholic liquors in a
15 manner that does not impair normal operations of State
16 offices located in the building;
17 c. Sells or dispenses alcoholic liquors only in
18 connection with an official activity in the building;
19 d. Provides, or its catering service provides, dram
20 shop liability insurance in maximum coverage limits and
21 in which the carrier agrees to defend, save harmless and
22 indemnify the State of Illinois from all financial loss,
23 damage or harm arising out of the selling or dispensing
24 of alcoholic liquors.
25 Nothing in this Act shall prevent a not-for-profit
26 organization or agency of the State from employing the
27 services of a catering establishment for the selling or
28 dispensing of alcoholic liquors at authorized functions.
29 The controlling government authority for the Willard Ice
30 Building in Springfield shall be the Director of the
31 Department of Revenue. The controlling government authority
32 for Illinois State Museum facilities shall be the Director of
33 the Illinois State Museum. The controlling government
34 authority for the State Library in Springfield shall be the
SB719 Enrolled -30- LRB093 03034 LCB 03051 b
1 Secretary of State.
2 Alcoholic liquors may be delivered to and sold at retail
3 or dispensed at any facility, property or building under the
4 jurisdiction of the Historic Sites and Preservation Division
5 of the Historic Preservation Agency or the Abraham Lincoln
6 Presidential Library and Museum where the delivery, sale or
7 dispensing is by (1) an agency of the State, whether
8 legislative, judicial or executive, provided that such agency
9 first obtains written permission to sell or dispense
10 alcoholic liquors from a controlling government authority, or
11 by (2) a not-for-profit organization provided that such
12 organization:
13 a. Obtains written consent from the controlling
14 government authority;
15 b. Sells or dispenses the alcoholic liquors in a
16 manner that does not impair normal workings of State
17 offices or operations located at the facility, property
18 or building;
19 c. Sells or dispenses alcoholic liquors only in
20 connection with an official activity of the
21 not-for-profit organization in the facility, property or
22 building;
23 d. Provides, or its catering service provides, dram
24 shop liability insurance in maximum coverage limits and
25 in which the carrier agrees to defend, save harmless and
26 indemnify the State of Illinois from all financial loss,
27 damage or harm arising out of the selling or dispensing
28 of alcoholic liquors.
29 The controlling government authority for the Historic
30 Sites and Preservation Division of the Historic Preservation
31 Agency shall be the Director of the Historic Sites and
32 Preservation, and the controlling government authority for
33 the Abraham Lincoln Presidential Library and Museum shall be
34 the Director of the Abraham Lincoln Presidential Library and
SB719 Enrolled -31- LRB093 03034 LCB 03051 b
1 Museum.
2 Alcoholic liquors may be sold at retail or dispensed at
3 the James R. Thompson Center in Chicago, subject to the
4 provisions of Section 7.4 of the State Property Control Act,
5 and 222 South College Street in Springfield, Illinois by (1)
6 a commercial tenant or subtenant conducting business on the
7 premises under a lease or sublease made pursuant to Section
8 405-315 of the Department of Central Management Services Law
9 (20 ILCS 405/405-315), provided that such tenant or subtenant
10 who sells or dispenses alcoholic liquors shall procure and
11 maintain dram shop liability insurance in maximum coverage
12 limits and in which the carrier agrees to defend, indemnify
13 and save harmless the State of Illinois from all financial
14 loss, damage or harm arising out of the sale or dispensing of
15 alcoholic liquors, or by (2) an agency of the State, whether
16 legislative, judicial or executive, provided that such agency
17 first obtains written permission to sell or dispense
18 alcoholic liquors from the Director of Central Management
19 Services, or by (3) a not-for-profit organization, provided
20 that such organization:
21 a. Obtains written consent from the Department of
22 Central Management Services;
23 b. Sells or dispenses the alcoholic liquors in a
24 manner that does not impair normal operations of State
25 offices located in the building;
26 c. Sells or dispenses alcoholic liquors only in
27 connection with an official activity in the building;
28 d. Provides, or its catering service provides, dram
29 shop liability insurance in maximum coverage limits and
30 in which the carrier agrees to defend, save harmless and
31 indemnify the State of Illinois from all financial loss,
32 damage or harm arising out of the selling or dispensing
33 of alcoholic liquors.
34 Nothing in this Act shall prevent a not-for-profit
SB719 Enrolled -32- LRB093 03034 LCB 03051 b
1 organization or agency of the State from employing the
2 services of a catering establishment for the selling or
3 dispensing of alcoholic liquors at functions authorized by
4 the Director of Central Management Services.
5 Alcoholic liquors may be sold or delivered at any
6 facility owned by the Illinois Sports Facilities Authority
7 provided that dram shop liability insurance has been made
8 available in a form, with such coverage and in such amounts
9 as the Authority reasonably determines is necessary.
10 Alcoholic liquors may be sold at retail or dispensed at
11 the Rockford State Office Building by (1) an agency of the
12 State, whether legislative, judicial or executive, provided
13 that such agency first obtains written permission to sell or
14 dispense alcoholic liquors from the Department of Central
15 Management Services, or by (2) a not-for-profit organization,
16 provided that such organization:
17 a. Obtains written consent from the Department of
18 Central Management Services;
19 b. Sells or dispenses the alcoholic liquors in a
20 manner that does not impair normal operations of State
21 offices located in the building;
22 c. Sells or dispenses alcoholic liquors only in
23 connection with an official activity in the building;
24 d. Provides, or its catering service provides, dram
25 shop liability insurance in maximum coverage limits and
26 in which the carrier agrees to defend, save harmless and
27 indemnify the State of Illinois from all financial loss,
28 damage or harm arising out of the selling or dispensing
29 of alcoholic liquors.
30 Nothing in this Act shall prevent a not-for-profit
31 organization or agency of the State from employing the
32 services of a catering establishment for the selling or
33 dispensing of alcoholic liquors at functions authorized by
34 the Department of Central Management Services.
SB719 Enrolled -33- LRB093 03034 LCB 03051 b
1 Alcoholic liquors may be sold or delivered in a building
2 that is owned by McLean County, situated on land owned by the
3 county in the City of Bloomington, and used by the McLean
4 County Historical Society if the sale or delivery is approved
5 by an ordinance adopted by the county board, and the
6 municipality in which the building is located may not
7 prohibit that sale or delivery, notwithstanding any other
8 provision of this Section. The regulation of the sale and
9 delivery of alcoholic liquor in a building that is owned by
10 McLean County, situated on land owned by the county, and used
11 by the McLean County Historical Society as provided in this
12 paragraph is an exclusive power and function of the State and
13 is a denial and limitation under Article VII, Section 6,
14 subsection (h) of the Illinois Constitution of the power of a
15 home rule municipality to regulate that sale and delivery.
16 Alcoholic liquors may be sold or delivered in any
17 building situated on land held in trust for any school
18 district organized under Article 34 of the School Code, if
19 the building is not used for school purposes and if the sale
20 or delivery is approved by the board of education.
21 Alcoholic liquors may be sold or delivered in buildings
22 owned by the Community Building Complex Committee of Boone
23 County, Illinois if the person or facility selling or
24 dispensing the alcoholic liquor has provided dram shop
25 liability insurance with coverage and in amounts that the
26 Committee reasonably determines are necessary.
27 Alcoholic liquors may be sold or delivered in the
28 building located at 1200 Centerville Avenue in Belleville,
29 Illinois and occupied by either the Belleville Area Special
30 Education District or the Belleville Area Special Services
31 Cooperative.
32 (Source: P.A. 91-239, eff. 1-1-00; 91-922, eff. 7-7-00;
33 92-512, eff. 1-1-02; 92-583, eff. 6-26-02; 92-600, eff.
34 7-1-02; revised 9-3-02.)
SB719 Enrolled -34- LRB093 03034 LCB 03051 b
1 Section 30. The Toll Highway Act is amended by changing
2 Section 8 as follows:
3 (605 ILCS 10/8) (from Ch. 121, par. 100-8)
4 Sec. 8. The Authority shall have the power:
5 (a) To acquire, own, use, hire, lease, operate and
6 dispose of personal property, real property (except with
7 respect to the headquarters building and surrounding land of
8 the Authority located at 2700 Ogden Avenue, Downers Grove,
9 Illinois, which may be sold or mortgaged only as provided in
10 Section 7.5 of the State Property Control Act to the extent
11 that such property is subject to the State Property Control
12 Act at the time of the proposed sale), any interest therein,
13 including rights-of-way, franchises and easements.
14 (b) To enter into all contracts and agreements necessary
15 or incidental to the performance of its powers under this
16 Act. All employment contracts let under this Act shall be in
17 conformity with the applicable provisions of "An Act
18 regulating wages of laborers, mechanics and other workers
19 employed under contracts for public works," approved June 26,
20 1941, as amended.
21 (c) To employ and discharge, without regard to the
22 requirements of any civil service or personnel act, such
23 administrative, engineering, traffic, architectural,
24 construction, and financial experts, and inspectors, and such
25 other employees, as are necessary in the Authority's judgment
26 to carry out the purposes of this Act; and to establish and
27 administer standards of classification of all of such persons
28 with respect to their compensation, duties, performance, and
29 tenure; and to enter into contracts of employment with such
30 persons for such periods and on such terms as the Authority
31 deems desirable.
32 (d) To appoint by and with the consent of the Attorney
33 General, assistant attorneys for such Authority, which said
SB719 Enrolled -35- LRB093 03034 LCB 03051 b
1 assistant attorneys shall be under the control, direction and
2 supervision of the Attorney General and shall serve at his
3 pleasure.
4 (e) To retain special counsel, subject to the approval
5 of the Attorney General, as needed from time to time, and fix
6 their compensation, provided however, such special counsel
7 shall be subject to the control, direction and supervision of
8 the Attorney General and shall serve at his pleasure.
9 (f) To acquire, construct, relocate, operate, regulate
10 and maintain a system of toll highways through and within the
11 State of Illinois. However, the Authority does not have the
12 power to acquire, operate, regulate or maintain any system of
13 toll highways or toll bridges or portions of them (including
14 but not limited to any system organized pursuant to Division
15 108 of Article 11 of the Illinois Municipal Code) in the
16 event either of the following conditions exists at the time
17 the proposed acquisition, operation, regulation or
18 maintenance of such system is to become effective:
19 (1) the principal or interest on bonds or other
20 instruments evidencing indebtedness of the system are in
21 default; or
22 (2) the principal or interest on bonds or other
23 instruments evidencing indebtedness of the system have been
24 in default at any time during the 5 year period prior to the
25 proposed acquisition.
26 To facilitate such construction, operation and
27 maintenance and subject to the approval of the Division of
28 Highways of the Department of Transportation, the Authority
29 shall have the full use and advantage of the engineering
30 staff and facilities of the Department.
31 (Source: P.A. 83-1258.)
32 Section 90. The State Mandates Act is amended by adding
33 Section 8.27 as follows:
SB719 Enrolled -36- LRB093 03034 LCB 03051 b
1 (30 ILCS 805/8.27 new)
2 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
3 and 8 of this Act, no reimbursement by the State is required
4 for the implementation of any mandate created by this
5 amendatory Act of the 93rd General Assembly.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.
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