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093_SB0719ham001
LRB093 03034 SJM 17096 a
1 AMENDMENT TO SENATE BILL 719
2 AMENDMENT NO. . Amend Senate Bill 719 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Department of Central Management
5 Services Law of the Civil Administrative Code of Illinois is
6 amended 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
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1 c. Champaign Regional Office Building
2 2125 South 1st Street
3 Champaign, Illinois 61820
4 d. Illinois State Armory Building
5 124 East Adams
6 Springfield, Illinois 62706
7 e. Marion Regional Office Building
8 2209 West Main Street
9 Marion, Illinois 62959
10 f. Kenneth Hall Regional State Office
11 Building
12 #10 Collinsville Avenue
13 East St. Louis, Illinois 62201
14 g. Rockford Regional Office Building
15 4402 North Main Street
16 P.O. Box 915
17 Rockford, Illinois 61105
18 h. State of Illinois Building
19 160 North LaSalle
20 Chicago, Illinois 60601
21 i. Office and Laboratory Building
22 2121 West Taylor Street
23 Chicago, Illinois 60602
24 j. Central Computer Facility
25 201 West Adams
26 Springfield, Illinois 62706
27 k. Elgin Office Building
28 595 South State Street
29 Elgin, Illinois 60120
30 l. James R. Thompson Center
31 Bounded by Lake, Clark, Randolph and
32 LaSalle Streets
33 Chicago, Illinois
34 m. The following buildings located within the Chicago
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1 Medical Center District:
2 1. Lawndale Day Care Center
3 2929 West 19th Street
4 2. Edwards Center
5 2020 Roosevelt Road
6 3. Illinois Center for
7 Rehabilitation and Education
8 1950 West Roosevelt Road and 1151 South Wood Street
9 4. Department of Children and
10 Family Services District Office
11 1026 South Damen
12 5. The William Heally School
13 1731 West Taylor
14 6. Administrative Office Building
15 1100 South Paulina Street
16 7. Metro Children and Adolescents Center
17 1601 West Taylor Street
18 n. E.J. "Zeke" Giorgi Center
19 200 Wyman Street
20 Rockford, Illinois
21 o. Suburban North Facility
22 9511 Harrison
23 Des Plaines, Illinois
24 p. The following buildings located within the Revenue
25 Center in Springfield:
26 1. State Property Control Warehouse
27 11th & Ash
28 2. Illinois State Museum Research & Collections
29 Center
30 1011 East Ash Street
31 q. Effingham Regional Office Building
32 401 Industrial Drive
33 Effingham, Illinois
34 r. The Communications Center
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1 120 West Jefferson
2 Springfield, Illinois
3 s. Portions or all of the basement and
4 ground floor of the
5 State of Illinois Building
6 160 North LaSalle
7 Chicago, Illinois 60601
8 may be leased or subleased to persons, firms, partnerships,
9 associations, or individuals for terms not to exceed 15 years
10 when in the judgment of the Director those leases or
11 subleases will be in the best interests of the State.
12 Portions or all of the commercial space, which includes
13 the sub-basement, storage mezzanine, concourse, and ground
14 and second floors of the
15 James R. Thompson Center
16 Bounded by Lake, Clark, Randolph and LaSalle Streets
17 Chicago, Illinois
18 may be leased or subleased to persons, firms, partnerships,
19 associations, or individuals for terms not to exceed 15 years
20 subject to renewals when in the judgment of the Director
21 those leases or subleases will be in the best interests of
22 the State.
23 The Director is authorized to rent portions of the above
24 described facilities to persons, firms, partnerships,
25 associations, or individuals for terms not to exceed 30 days
26 when those leases or subleases will not interfere with State
27 usage of the facility. This authority is meant to supplement
28 and shall not in any way be interpreted to restrict the
29 Director's ability to make portions of the State of Illinois
30 Building and the James R. Thompson Center available for
31 long-term commercial leases or subleases.
32 Provided however, that all rentals or fees charged to
33 persons, firms, partnerships, associations, or individuals
34 for any lease or use of space in the above described
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1 facilities made for terms not to exceed 30 days in length
2 shall be deposited in a special fund in the State treasury to
3 be known as the Special Events Revolving Fund.
4 Notwithstanding the provisions above, the Department of
5 Children and Family Services and the Department of Human
6 Services (as successor to the Department of Rehabilitation
7 Services and the Department of Mental Health and
8 Developmental Disabilities) shall determine the allocation of
9 space for direct recipient care in their respective
10 facilities. The Department of Central Management Services
11 shall consult with the affected agency in the allocation and
12 lease of surplus space in these facilities. Potential lease
13 arrangements shall not endanger the direct recipient care
14 responsibilities in these facilities.
15 (b) To appoint, subject to the Personnel Code, persons
16 to be members of a police and security force. Members of the
17 security force shall be peace officers when performing duties
18 pursuant to this Section and as such shall have all of the
19 powers possessed by policemen in cities and sheriffs,
20 including the power to make arrests on view or issue
21 citations for violations of State statutes or city or county
22 ordinances, except that in counties of more than 1,000,000
23 population, any powers created by this subsection shall be
24 exercised only (i) when necessary to protect the property,
25 personnel, or interests of the Department or any State agency
26 for whom the Department manages, operates, or maintains
27 property or (ii) when specifically requested by appropriate
28 State or local law enforcement officials, and except that
29 within counties of 1,000,000 or less population, these powers
30 shall be exercised only when necessary to protect the
31 property, personnel, or interests of the State of Illinois
32 and only while on property managed, operated, or maintained
33 by the Department.
34 Nothing in this subsection shall be construed so as to
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1 make it conflict with any provisions of, or rules promulgated
2 under, the Personnel Code.
3 (c) To charge reasonable fees to all State agencies
4 utilizing facilities operated by the Department for occupancy
5 related fees and charges. All fees collected under this
6 subsection shall be deposited in a special fund in the State
7 treasury known as the Facilities Management Revolving Fund.
8 As used in this subsection, the term "State agencies" means
9 all departments, officers, commissions, institutions, boards,
10 and bodies politic and corporate of the State.
11 (d) Provisions of this Section relating to the James R.
12 Thompson Center are subject to the provisions of Section 7.4
13 of the State Property Control Act.
14 (Source: P.A. 91-239, eff. 1-1-00; 92-302, eff. 8-9-01.)
15 Section 10. The State Finance Act is amended by changing
16 Section 25 as follows:
17 (30 ILCS 105/25) (from Ch. 127, par. 161)
18 Sec. 25. Fiscal year limitations.
19 (a) All appropriations shall be available for
20 expenditure for the fiscal year or for a lesser period if the
21 Act making that appropriation so specifies. A deficiency or
22 emergency appropriation shall be available for expenditure
23 only through June 30 of the year when the Act making that
24 appropriation is enacted unless that Act otherwise provides.
25 (b) Outstanding liabilities as of June 30, payable from
26 appropriations which have otherwise expired, may be paid out
27 of the expiring appropriations during the 2-month period
28 ending at the close of business on August 31. Any service
29 involving professional or artistic skills or any personal
30 services by an employee whose compensation is subject to
31 income tax withholding must be performed as of June 30 of the
32 fiscal year in order to be considered an "outstanding
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1 liability as of June 30" that is thereby eligible for payment
2 out of the expiring appropriation.
3 However, payment of tuition reimbursement claims under
4 Section 14-7.03 or 18-3 of the School Code may be made by the
5 State Board of Education from its appropriations for those
6 respective purposes for any fiscal year, even though the
7 claims reimbursed by the payment may be claims attributable
8 to a prior fiscal year, and payments may be made at the
9 direction of the State Superintendent of Education from the
10 fund from which the appropriation is made without regard to
11 any fiscal year limitations.
12 Medical payments may be made by the Department of
13 Veterans' Affairs from its appropriations for those purposes
14 for any fiscal year, without regard to the fact that the
15 medical services being compensated for by such payment may
16 have been rendered in a prior fiscal year.
17 Medical payments may be made by the Department of Public
18 Aid and child care payments may be made by the Department of
19 Human Services (as successor to the Department of Public Aid)
20 from appropriations for those purposes for any fiscal year,
21 without regard to the fact that the medical or child care
22 services being compensated for by such payment may have been
23 rendered in a prior fiscal year; and payments may be made at
24 the direction of the Department of Central Management
25 Services from the Health Insurance Reserve Fund and the Local
26 Government Health Insurance Reserve Fund without regard to
27 any fiscal year limitations.
28 Additionally, payments may be made by the Department of
29 Human Services from its appropriations, or any other State
30 agency from its appropriations with the approval of the
31 Department of Human Services, from the Immigration Reform and
32 Control Fund for purposes authorized pursuant to the
33 Immigration Reform and Control Act of 1986, without regard to
34 any fiscal year limitations.
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1 Further, with respect to costs incurred in fiscal years
2 2002 and 2003 only, payments may be made by the State
3 Treasurer from its appropriations from the Capital Litigation
4 Trust Fund without regard to any fiscal year limitations.
5 Lease payments may be made by the Department of Central
6 Management Services under the sale and leaseback provisions
7 of Section 7.4 of the State Property Control Act with respect
8 to the James R. Thompson Center and the Elgin Mental Health
9 Center and surrounding land from appropriations for that
10 purpose without regard to any fiscal year limitations.
11 Lease payments may be made under the sale and leaseback
12 provisions of Section 7.5 of the State Property Control Act
13 with respect to the Illinois State Toll Highway Authority
14 headquarters building and surrounding land without regard to
15 any fiscal year limitations.
16 (c) Further, payments may be made by the Department of
17 Public Health and the Department of Human Services (acting as
18 successor to the Department of Public Health under the
19 Department of Human Services Act) from their respective
20 appropriations for grants for medical care to or on behalf of
21 persons suffering from chronic renal disease, persons
22 suffering from hemophilia, rape victims, and premature and
23 high-mortality risk infants and their mothers and for grants
24 for supplemental food supplies provided under the United
25 States Department of Agriculture Women, Infants and Children
26 Nutrition Program, for any fiscal year without regard to the
27 fact that the services being compensated for by such payment
28 may have been rendered in a prior fiscal year.
29 (d) The Department of Public Health and the Department
30 of Human Services (acting as successor to the Department of
31 Public Health under the Department of Human Services Act)
32 shall each annually submit to the State Comptroller, Senate
33 President, Senate Minority Leader, Speaker of the House,
34 House Minority Leader, and the respective Chairmen and
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1 Minority Spokesmen of the Appropriations Committees of the
2 Senate and the House, on or before December 31, a report of
3 fiscal year funds used to pay for services provided in any
4 prior fiscal year. This report shall document by program or
5 service category those expenditures from the most recently
6 completed fiscal year used to pay for services provided in
7 prior fiscal years.
8 (e) The Department of Public Aid and the Department of
9 Human Services (acting as successor to the Department of
10 Public Aid) shall each annually submit to the State
11 Comptroller, Senate President, Senate Minority Leader,
12 Speaker of the House, House Minority Leader, the respective
13 Chairmen and Minority Spokesmen of the Appropriations
14 Committees of the Senate and the House, on or before November
15 30, a report that shall document by program or service
16 category those expenditures from the most recently completed
17 fiscal year used to pay for (i) services provided in prior
18 fiscal years and (ii) services for which claims were received
19 in prior fiscal years.
20 (f) The Department of Human Services (as successor to
21 the Department of Public Aid) shall annually submit to the
22 State Comptroller, Senate President, Senate Minority Leader,
23 Speaker of the House, House Minority Leader, and the
24 respective Chairmen and Minority Spokesmen of the
25 Appropriations Committees of the Senate and the House, on or
26 before December 31, a report of fiscal year funds used to pay
27 for services (other than medical care) provided in any prior
28 fiscal year. This report shall document by program or
29 service category those expenditures from the most recently
30 completed fiscal year used to pay for services provided in
31 prior fiscal years.
32 (g) In addition, each annual report required to be
33 submitted by the Department of Public Aid under subsection
34 (e) shall include the following information with respect to
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1 the State's Medicaid program:
2 (1) Explanations of the exact causes of the
3 variance between the previous year's estimated and actual
4 liabilities.
5 (2) Factors affecting the Department of Public
6 Aid's liabilities, including but not limited to numbers
7 of aid recipients, levels of medical service utilization
8 by aid recipients, and inflation in the cost of medical
9 services.
10 (3) The results of the Department's efforts to
11 combat fraud and abuse.
12 (h) As provided in Section 4 of the General Assembly
13 Compensation Act, any utility bill for service provided to a
14 General Assembly member's district office for a period
15 including portions of 2 consecutive fiscal years may be paid
16 from funds appropriated for such expenditure in either fiscal
17 year.
18 (i) An agency which administers a fund classified by the
19 Comptroller as an internal service fund may issue rules for:
20 (1) billing user agencies in advance based on
21 estimated charges for goods or services;
22 (2) issuing credits during the subsequent fiscal
23 year for all user agency payments received during the
24 prior fiscal year which were in excess of the final
25 amounts owed by the user agency for that period; and
26 (3) issuing catch-up billings to user agencies
27 during the subsequent fiscal year for amounts remaining
28 due when payments received from the user agency during
29 the prior fiscal year were less than the total amount
30 owed for that period.
31 User agencies are authorized to reimburse internal service
32 funds for catch-up billings by vouchers drawn against their
33 respective appropriations for the fiscal year in which the
34 catch-up billing was issued.
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1 (Source: P.A. 92-885, eff. 1-13-03.)
2 Section 10. The Illinois Procurement Code is amended by
3 adding Sections 40-45 and 40-46 as follows:
4 (30 ILCS 500/40-45 new)
5 Sec. 40-45. Leases exempt from Article. A lease entered
6 into by the State under Section 7.4 of the State Property
7 Control Act is not subject to the provisions of this Article.
8 (30 ILCS 500/40-46 new)
9 Sec. 40-46. Leases exempt from Article. A lease entered
10 into under Section 7.5 of the State Property Control Act is
11 not subject to the provisions of this Article.
12 Section 15. The State Property Control Act is amended by
13 adding Sections 7.4 and 7.5 as follows:
14 (30 ILCS 605/7.4 new)
15 Sec. 7.4. James R. Thompson Center; Elgin Mental Health
16 Center.
17 (a) Notwithstanding any other provision of this Act or
18 any other law to the contrary, the administrator is
19 authorized under this Section to dispose of or mortgage (i)
20 the James R. Thompson Center located in Chicago, Illinois and
21 (ii) the Elgin Mental Health Center and surrounding land
22 located at 750 S. State Street, Elgin, Illinois in any of the
23 following ways:
24 (1) The administrator may sell the property as
25 provided in subsection (b).
26 (2) The administrator may sell the property as
27 provided in subsection (b), and the administrator may
28 immediately thereafter enter into a leaseback or other
29 agreement that directly or indirectly gives the State a
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1 right to use, control, and possess the property.
2 Notwithstanding any other provision of law, a lease
3 entered into by the administrator under this subdivision
4 (a)(2) may last for any period not exceeding 99 years.
5 (3) The administrator may enter into a mortgage
6 agreement, using the property as collateral, to receive a
7 loan or a line of credit based on the equity available in
8 the property. Any loan obtained or line of credit
9 established under this subdivision (a)(3) must require
10 repayment in full in 20 years or less.
11 (b) The administrator shall obtain 3 appraisals of the
12 real property transferred under subdivision (a)(1) or (a)(2)
13 of this Section, one of which shall be performed by an
14 appraiser residing in the county in which the real property
15 is located. The average of these 3 appraisals, plus the costs
16 of obtaining the appraisals, shall represent the fair market
17 value of the real property. No property may be conveyed under
18 subdivision (a)(1) or (a)(2) of this Section by the
19 administrator for less than the fair market value. The
20 administrator may sell the real property by public auction
21 following notice of the sale by publication on 3 separate
22 days not less than 15 nor more than 30 days prior to the sale
23 in a daily newspaper having general circulation in the county
24 in which the real property is located. The administrator
25 shall post "For Sale" signs of a conspicuous nature on the
26 real property offered for sale to the public. If no
27 acceptable offers for the real property are received, the
28 administrator may have new appraisals of the property made.
29 The administrator shall have all power necessary to convey
30 real property under subdivision (a)(1) or (a)(2) of this
31 Section.
32 The administrator shall have authority to order such
33 surveys, abstracts of title, or commitments for title
34 insurance as may, in his or her reasonable discretion, be
-13- LRB093 03034 SJM 17096 a
1 deemed necessary to demonstrate to prospective purchasers,
2 bidders, or mortgagees good and marketable title in any
3 property offered for sale or mortgage under this Section.
4 Unless otherwise specifically authorized by the General
5 Assembly, all conveyances of property made by the
6 administrator under subdivision (a)(1) or (a)(2) of this
7 Section shall be by quit claim deed.
8 (c) All moneys received from the sale or mortgage of real
9 property under this Section shall be deposited into the
10 General Revenue Fund.
11 (d) The administrator is authorized to enter into any
12 agreements and execute any documents necessary to exercise
13 the authority granted by this Section.
14 (e) Any agreement to dispose of or mortgage (i) the James
15 R. Thompson Center located in Chicago, Illinois or (ii) the
16 Elgin Mental Health Center and surrounding land located at
17 750 S. State Street, Elgin, Illinois pursuant to the
18 authority granted by this Section must be entered into no
19 later than one year after the effective date of this
20 amendatory Act of the 93rd General Assembly.
21 (30 ILCS 605/7.5 new)
22 Sec. 7.5. Illinois State Toll Highway Authority
23 headquarters.
24 (a) Notwithstanding any other provision of this Act or
25 any other law to the contrary, the Illinois State Toll
26 Highway Authority, as set forth in items (1) through (3), is
27 authorized under this Section to dispose of or mortgage the
28 Illinois State Toll Highway Authority headquarters building
29 and surrounding land, located at 2700 Ogden Avenue, Downers
30 Grove, Illinois in any of the following ways:
31 (1) The Authority may sell the property as provided
32 in subsection (b).
33 (2) The Authority may sell the property as provided
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1 in subsection (b) and may immediately thereafter enter
2 into a leaseback or other agreement that directly or
3 indirectly gives the State or the Authority a right to
4 use, control, and possess the property. Notwithstanding
5 any other provision of law, a lease entered into under
6 this subdivision (a)(2) may last for any period not
7 exceeding 99 years.
8 (3) The Authority may enter into a mortgage
9 agreement, using the property as collateral, to receive a
10 loan or a line of credit based on the equity available in
11 the property. Any loan obtained or line of credit
12 established under this subdivision (a)(3) must require
13 repayment in full in 20 years or less.
14 (b) The Illinois State Toll Highway Authority shall
15 obtain 3 appraisals of the real property transferred under
16 subdivision (a)(1) or (a)(2) of this Section, one of which
17 shall be performed by an appraiser residing in the county in
18 which the real property is located. The average of these 3
19 appraisals, plus the costs of obtaining the appraisals, shall
20 represent the fair market value of the real property. No
21 property may be conveyed under subdivision (a)(1) or (a)(2)
22 of this Section by the Authority for less than the fair
23 market value. The Authority may sell the real property by
24 public auction following notice of the sale by publication on
25 3 separate days not less than 15 nor more than 30 days prior
26 to the sale in a daily newspaper having general circulation
27 in the county in which the real property is located. The
28 Authority shall post "For Sale" signs of a conspicuous nature
29 on the real property offered for sale to the public. If no
30 acceptable offers for the real property are received, the
31 Authority may have new appraisals of the property made. The
32 Authority shall have all power necessary to convey real
33 property under subdivision (a)(1) or (a)(2) of this Section.
34 The Illinois State Toll Highway Authority shall have
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1 authority to order such surveys, abstracts of title, or
2 commitments for title insurance as may, in his or her
3 reasonable discretion, be deemed necessary to demonstrate to
4 prospective purchasers, bidders, or mortgagees good and
5 marketable title in any property offered for sale or mortgage
6 under this Section. Unless otherwise specifically authorized
7 by the General Assembly, all conveyances of property made by
8 the Authority under subdivision (a)(1) or (a)(2) of this
9 Section shall be by quit claim deed.
10 (c) All moneys received from the sale or mortgage of real
11 property under this Section shall be deposited into the
12 General Revenue Fund.
13 (d) The Authority is authorized to enter into any
14 agreements and execute any documents necessary to exercise
15 the authority granted by this Section.
16 (e) Any agreement to dispose of or mortgage the Illinois
17 State Toll Highway Authority headquarters building and
18 surrounding land located at 2700 Ogden Avenue, Downers Grove,
19 Illinois pursuant to the authority granted by this Section
20 must be entered into no later than one year after the
21 effective date of this amendatory Act of the 93rd General
22 Assembly.
23 Section 20. The Property Tax Code is amended by changing
24 Sections 9-195 and 15-55 and adding Section 15-185 as
25 follows:
26 (35 ILCS 200/9-195)
27 Sec. 9-195. Leasing of exempt property.
28 (a) Except as provided in Sections 15-35, 15-55, 15-60,
29 15-100, and 15-103, and 15-185, when property which is exempt
30 from taxation is leased to another whose property is not
31 exempt, and the leasing of which does not make the property
32 taxable, the leasehold estate and the appurtenances shall be
-16- LRB093 03034 SJM 17096 a
1 listed as the property of the lessee thereof, or his or her
2 assignee. Taxes on that property shall be collected in the
3 same manner as on property that is not exempt, and the lessee
4 shall be liable for those taxes. However, no tax lien shall
5 attach to the exempt real estate. The changes made by this
6 amendatory Act of 1997 and by this amendatory Act of the 91st
7 General Assembly are declaratory of existing law and shall
8 not be construed as a new enactment. The changes made by
9 Public Acts 88-221 and 88-420 that are incorporated into this
10 Section by this amendatory Act of 1993 are declarative of
11 existing law and are not a new enactment.
12 (b) The provisions of this Section regarding taxation of
13 leasehold interests in exempt property do not apply to any
14 leasehold interest created pursuant to any transaction
15 described in subsection (e) of Section 15-35, subsection
16 (c-5) of Section 15-60, subsection (b) of Section 15-100, or
17 Section 15-103, or Section 15-185.
18 (Source: P.A. 91-513, eff. 8-13-99; 92-844, eff. 8-23-02;
19 92-846, eff. 8-23-02.)
20 (35 ILCS 200/15-55)
21 Sec. 15-55. State property.
22 (a) All property belonging to the State of Illinois is
23 exempt. However, the State agency holding title shall file
24 the certificate of ownership and use required by Section
25 15-10, together with a copy of any written lease or
26 agreement, in effect on March 30 of the assessment year,
27 concerning parcels of 1 acre or more, or an explanation of
28 the terms of any oral agreement under which the property is
29 leased, subleased or rented.
30 The leased property shall be assessed to the lessee and
31 the taxes thereon extended and billed to the lessee, and
32 collected in the same manner as for property which is not
33 exempt. The lessee shall be liable for the taxes and no lien
-17- LRB093 03034 SJM 17096 a
1 shall attach to the property of the State.
2 For the purposes of this Section, the word "leases"
3 includes licenses, franchises, operating agreements and other
4 arrangements under which private individuals, associations or
5 corporations are granted the right to use property of the
6 Illinois State Toll Highway Authority and includes all
7 property of the Authority used by others without regard to
8 the size of the leased parcel.
9 (b) However, all property of every kind belonging to the
10 State of Illinois, which is or may hereafter be leased to the
11 Illinois Prairie Path Corporation, shall be exempt from all
12 assessments, taxation or collection, despite the making of
13 any such lease, if it is used for:
14 (1)(a) conservation, nature trail or any other
15 charitable, scientific, educational or recreational
16 purposes with public benefit, including the preserving
17 and aiding in the preservation of natural areas, objects,
18 flora, fauna or biotic communities;
19 (2)(b) the establishment of footpaths, trails and
20 other protected areas;
21 (3)(c) the conservation of the proper use of
22 natural resources or the promotion of the study of plant
23 and animal communities and of other phases of ecology,
24 natural history and conservation;
25 (4)(d) the promotion of education in the fields of
26 nature, preservation and conservation; or
27 (5)(e) similar public recreational activities
28 conducted by the Illinois Prairie Path Corporation.
29 No lien shall attach to the property of the State. No tax
30 liability shall become the obligation of or be enforceable
31 against Illinois Prairie Path Corporation.
32 (c) If the State sells the James R. Thompson Center or
33 the Elgin Mental Health Center and surrounding land located
34 at 750 S. State Street, Elgin, Illinois, as provided in
-18- LRB093 03034 SJM 17096 a
1 subdivision (a)(2) of Section 7.4 of the State Property
2 Control Act, to another entity whose property is not exempt
3 and immediately thereafter enters into a leaseback or other
4 agreement that directly or indirectly gives the State a right
5 to use, control, and possess the property, that portion of
6 the property leased and occupied exclusively by the State
7 shall remain exempt under this Section. For the property to
8 remain exempt under this subsection (c), the State must
9 retain an option to purchase the property at a future date
10 or, within the limitations period for reverters, the property
11 must revert back to the State.
12 If the property has been conveyed as described in this
13 subsection (c), the property is no longer exempt pursuant to
14 this Section as of the date when:
15 (1) the right of the State to use, control, and
16 possess the property has been terminated; or
17 (2) the State no longer has an option to purchase or
18 otherwise acquire the property and there is no provision
19 for a reverter of the property to the State within the
20 limitations period for reverters.
21 Pursuant to Sections 15-15 and 15-20 of this Code, the
22 State shall notify the chief county assessment officer of any
23 transaction under this subsection (c). The chief county
24 assessment officer shall determine initial and continuing
25 compliance with the requirements of this Section for tax
26 exemption. Failure to notify the chief county assessment
27 officer of a transaction under this subsection (c) or to
28 otherwise comply with the requirements of Sections 15-15 and
29 15-20 of this Code shall, in the discretion of the chief
30 county assessment officer, constitute cause to terminate the
31 exemption, notwithstanding any other provision of this Code.
32 (c-1) If the Illinois State Toll Highway Authority sells
33 the Illinois State Toll Highway Authority headquarters
34 building and surrounding land, located at 2700 Ogden Avenue,
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1 Downers Grove, Illinois as provided in subdivision (a)(2) of
2 Section 7.5 of the State Property Control Act, to another
3 entity whose property is not exempt and immediately
4 thereafter enters into a leaseback or other agreement that
5 directly or indirectly gives the State or the Illinois State
6 Toll Highway Authority a right to use, control, and possess
7 the property, that portion of the property leased and
8 occupied exclusively by the State or the Authority shall
9 remain exempt under this Section. For the property to remain
10 exempt under this subsection (c), the Authority must retain
11 an option to purchase the property at a future date or,
12 within the limitations period for reverters, the property
13 must revert back to the Authority.
14 If the property has been conveyed as described in this
15 subsection (c), the property is no longer exempt pursuant to
16 this Section as of the date when:
17 (1) the right of the State or the Authority to use,
18 control, and possess the property has been terminated; or
19 (2) the Authority no longer has an option to
20 purchase or otherwise acquire the property and there is
21 no provision for a reverter of the property to the
22 Authority within the limitations period for reverters.
23 Pursuant to Sections 15-15 and 15-20 of this Code, the
24 Authority shall notify the chief county assessment officer of
25 any transaction under this subsection (c). The chief county
26 assessment officer shall determine initial and continuing
27 compliance with the requirements of this Section for tax
28 exemption. Failure to notify the chief county assessment
29 officer of a transaction under this subsection (c) or to
30 otherwise comply with the requirements of Sections 15-15 and
31 15-20 of this Code shall, in the discretion of the chief
32 county assessment officer, constitute cause to terminate the
33 exemption, notwithstanding any other provision of this Code.
34 (d) Public Act 81-1026 applies to all leases or
-20- LRB093 03034 SJM 17096 a
1 agreements entered into or renewed on or after September 24,
2 1979.
3 (Source: P.A. 86-413; 88-455.)
4 (35 ILCS 200/15-185 new)
5 Sec. 15-185. Leaseback exemption. Notwithstanding
6 anything in this Code to the contrary, all property owned by
7 a municipality with a population of over 500,000 inhabitants,
8 or a unit of local government whose jurisdiction includes
9 territory located in whole or in part within a municipality
10 with a population of over 500,000 inhabitants, shall remain
11 exempt from taxation and any leasehold interest in that
12 property shall not be subject to taxation under Section 9-195
13 if, for the purpose of obtaining financing, the property is
14 directly or indirectly leased, sold, or otherwise transferred
15 to another entity whose property is not exempt and
16 immediately thereafter is the subject of a leaseback or other
17 agreement that directly or indirectly gives the municipality
18 or unit of local government (i) a right to use, control, and
19 possess the property or (ii) a right to require the other
20 entity, or the other entity's designee or assignee, to use
21 the property in the performance of services for the
22 municipality or unit of local government. The property shall
23 no longer be exempt under this Section as of the date when
24 the right of the municipality or unit of local government to
25 use, control, and possess the property or to require the
26 performance of services is terminated and the municipality or
27 unit of local government no longer has any option to purchase
28 or otherwise reacquire the interest in the property which was
29 transferred by the municipality or unit of local government.
30 For purposes of this Section, "municipality" means a
31 municipality as defined in Section 1-1-2 of the Illinois
32 Municipal Code, and "unit of local government" means a unit
33 of local government as defined in Article VII, Section 1 of
-21- LRB093 03034 SJM 17096 a
1 the Constitution of the State of Illinois. The provisions of
2 this Section supersede and control over any conflicting
3 provisions of this Code.
4 Section 25. The Liquor Control Act of 1934 is amended by
5 changing Section 6-15 as follows:
6 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
7 Sec. 6-15. No alcoholic liquors shall be sold or
8 delivered in any building belonging to or under the control
9 of the State or any political subdivision thereof except as
10 provided in this Act. The corporate authorities of any city,
11 village, incorporated town or township may provide by
12 ordinance, however, that alcoholic liquor may be sold or
13 delivered in any specifically designated building belonging
14 to or under the control of the municipality or township, or
15 in any building located on land under the control of the
16 municipality; provided that such township complies with all
17 applicable local ordinances in any incorporated area of the
18 township. Alcoholic liquors may be delivered to and sold at
19 any airport belonging to or under the control of a
20 municipality of more than 25,000 inhabitants, or in any
21 building or on any golf course owned by a park district
22 organized under the Park District Code, subject to the
23 approval of the governing board of the district, or in any
24 building or on any golf course owned by a forest preserve
25 district organized under the Downstate Forest Preserve
26 District Act, subject to the approval of the governing board
27 of the district, or on the grounds within 500 feet of any
28 building owned by a forest preserve district organized under
29 the Downstate Forest Preserve District Act during times when
30 food is dispensed for consumption within 500 feet of the
31 building from which the food is dispensed, subject to the
32 approval of the governing board of the district, or in a
-22- LRB093 03034 SJM 17096 a
1 building owned by a Local Mass Transit District organized
2 under the Local Mass Transit District Act, subject to the
3 approval of the governing Board of the District, or in
4 Bicentennial Park, or on the premises of the City of Mendota
5 Lake Park located adjacent to Route 51 in Mendota, Illinois,
6 or on the premises of Camden Park in Milan, Illinois, or in
7 the community center owned by the City of Loves Park that is
8 located at 1000 River Park Drive in Loves Park, Illinois, or,
9 in connection with the operation of an established food
10 serving facility during times when food is dispensed for
11 consumption on the premises, and at the following aquarium
12 and museums located in public parks: Art Institute of
13 Chicago, Chicago Academy of Sciences, Chicago Historical
14 Society, Field Museum of Natural History, Museum of Science
15 and Industry, DuSable Museum of African American History,
16 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
17 Museum of Arts and Sciences in Peoria, or in connection with
18 the operation of the facilities of the Chicago Zoological
19 Society or the Chicago Horticultural Society on land owned by
20 the Forest Preserve District of Cook County, or on any land
21 used for a golf course or for recreational purposes owned by
22 the Forest Preserve District of Cook County, subject to the
23 control of the Forest Preserve District Board of
24 Commissioners and applicable local law, provided that dram
25 shop liability insurance is provided at maximum coverage
26 limits so as to hold the District harmless from all financial
27 loss, damage, and harm, or in any building located on land
28 owned by the Chicago Park District if approved by the Park
29 District Commissioners, or on any land used for a golf course
30 or for recreational purposes and owned by the Illinois
31 International Port District if approved by the District's
32 governing board, or at any airport, golf course, faculty
33 center, or facility in which conference and convention type
34 activities take place belonging to or under control of any
-23- LRB093 03034 SJM 17096 a
1 State university or public community college district,
2 provided that with respect to a facility for conference and
3 convention type activities alcoholic liquors shall be limited
4 to the use of the convention or conference participants or
5 participants in cultural, political or educational activities
6 held in such facilities, and provided further that the
7 faculty or staff of the State university or a public
8 community college district, or members of an organization of
9 students, alumni, faculty or staff of the State university or
10 a public community college district are active participants
11 in the conference or convention, or in Memorial Stadium on
12 the campus of the University of Illinois at Urbana-Champaign
13 during games in which the Chicago Bears professional football
14 team is playing in that stadium during the renovation of
15 Soldier Field, not more than one and a half hours before the
16 start of the game and not after the end of the third quarter
17 of the game, or by a catering establishment which has rented
18 facilities from a board of trustees of a public community
19 college district, or, if approved by the District board, on
20 land owned by the Metropolitan Sanitary District of Greater
21 Chicago and leased to others for a term of at least 20 years.
22 Nothing in this Section precludes the sale or delivery of
23 alcoholic liquor in the form of original packaged goods in
24 premises located at 500 S. Racine in Chicago belonging to the
25 University of Illinois and used primarily as a grocery store
26 by a commercial tenant during the term of a lease that
27 predates the University's acquisition of the premises; but
28 the University shall have no power or authority to renew,
29 transfer, or extend the lease with terms allowing the sale of
30 alcoholic liquor; and the sale of alcoholic liquor shall be
31 subject to all local laws and regulations. After the
32 acquisition by Winnebago County of the property located at
33 404 Elm Street in Rockford, a commercial tenant who sold
34 alcoholic liquor at retail on a portion of the property under
-24- LRB093 03034 SJM 17096 a
1 a valid license at the time of the acquisition may continue
2 to do so for so long as the tenant and the County may agree
3 under existing or future leases, subject to all local laws
4 and regulations regarding the sale of alcoholic liquor. Each
5 facility shall provide dram shop liability in maximum
6 insurance coverage limits so as to save harmless the State,
7 municipality, State university, airport, golf course, faculty
8 center, facility in which conference and convention type
9 activities take place, park district, Forest Preserve
10 District, public community college district, aquarium,
11 museum, or sanitary district from all financial loss, damage
12 or harm. Alcoholic liquors may be sold at retail in buildings
13 of golf courses owned by municipalities in connection with
14 the operation of an established food serving facility during
15 times when food is dispensed for consumption upon the
16 premises. Alcoholic liquors may be delivered to and sold at
17 retail in any building owned by a fire protection district
18 organized under the Fire Protection District Act, provided
19 that such delivery and sale is approved by the board of
20 trustees of the district, and provided further that such
21 delivery and sale is limited to fundraising events and to a
22 maximum of 6 events per year.
23 Alcoholic liquor may be delivered to and sold at retail
24 in the Dorchester Senior Business Center owned by the Village
25 of Dolton if the alcoholic liquor is sold or dispensed only
26 in connection with organized functions for which the planned
27 attendance is 20 or more persons, and if the person or
28 facility selling or dispensing the alcoholic liquor has
29 provided dram shop liability insurance in maximum limits so
30 as to hold harmless the Village of Dolton and the State from
31 all financial loss, damage and harm.
32 Alcoholic liquors may be delivered to and sold at retail
33 in any building used as an Illinois State Armory provided:
34 (i) the Adjutant General's written consent to the
-25- LRB093 03034 SJM 17096 a
1 issuance of a license to sell alcoholic liquor in such
2 building is filed with the Commission;
3 (ii) the alcoholic liquor is sold or dispensed only
4 in connection with organized functions held on special
5 occasions;
6 (iii) the organized function is one for which the
7 planned attendance is 25 or more persons; and
8 (iv) the facility selling or dispensing the
9 alcoholic liquors has provided dram shop liability
10 insurance in maximum limits so as to save harmless the
11 facility and the State from all financial loss, damage or
12 harm.
13 Alcoholic liquors may be delivered to and sold at retail
14 in the Chicago Civic Center, provided that:
15 (i) the written consent of the Public Building
16 Commission which administers the Chicago Civic Center is
17 filed with the Commission;
18 (ii) the alcoholic liquor is sold or dispensed only
19 in connection with organized functions held on special
20 occasions;
21 (iii) the organized function is one for which the
22 planned attendance is 25 or more persons;
23 (iv) the facility selling or dispensing the
24 alcoholic liquors has provided dram shop liability
25 insurance in maximum limits so as to hold harmless the
26 Civic Center, the City of Chicago and the State from all
27 financial loss, damage or harm; and
28 (v) all applicable local ordinances are complied
29 with.
30 Alcoholic liquors may be delivered or sold in any
31 building belonging to or under the control of any city,
32 village or incorporated town where more than 75% of the
33 physical properties of the building is used for commercial or
34 recreational purposes, and the building is located upon a
-26- LRB093 03034 SJM 17096 a
1 pier extending into or over the waters of a navigable lake or
2 stream or on the shore of a navigable lake or stream.
3 Alcoholic liquor may be sold in buildings under the control
4 of the Department of Natural Resources when written consent
5 to the issuance of a license to sell alcoholic liquor in such
6 buildings is filed with the Commission by the Department of
7 Natural Resources. Notwithstanding any other provision of
8 this Act, alcoholic liquor sold by a United States Army Corps
9 of Engineers or Department of Natural Resources
10 concessionaire who was operating on June 1, 1991 for
11 on-premises consumption only is not subject to the provisions
12 of Articles IV and IX. Beer and wine may be sold on the
13 premises of the Joliet Park District Stadium owned by the
14 Joliet Park District when written consent to the issuance of
15 a license to sell beer and wine in such premises is filed
16 with the local liquor commissioner by the Joliet Park
17 District. Beer and wine may be sold in buildings on the
18 grounds of State veterans' homes when written consent to the
19 issuance of a license to sell beer and wine in such buildings
20 is filed with the Commission by the Department of Veterans'
21 Affairs, and the facility shall provide dram shop liability
22 in maximum insurance coverage limits so as to save the
23 facility harmless from all financial loss, damage or harm.
24 Such liquors may be delivered to and sold at any property
25 owned or held under lease by a Metropolitan Pier and
26 Exposition Authority or Metropolitan Exposition and
27 Auditorium Authority.
28 Beer and wine may be sold and dispensed at professional
29 sporting events and at professional concerts and other
30 entertainment events conducted on premises owned by the
31 Forest Preserve District of Kane County, subject to the
32 control of the District Commissioners and applicable local
33 law, provided that dram shop liability insurance is provided
34 at maximum coverage limits so as to hold the District
-27- LRB093 03034 SJM 17096 a
1 harmless from all financial loss, damage and harm.
2 Nothing in this Section shall preclude the sale or
3 delivery of beer and wine at a State or county fair or the
4 sale or delivery of beer or wine at a city fair in any
5 otherwise lawful manner.
6 Alcoholic liquors may be sold at retail in buildings in
7 State parks under the control of the Department of Natural
8 Resources, provided:
9 a. the State park has overnight lodging facilities
10 with some restaurant facilities or, not having overnight
11 lodging facilities, has restaurant facilities which serve
12 complete luncheon and dinner or supper meals,
13 b. consent to the issuance of a license to sell
14 alcoholic liquors in the buildings has been filed with
15 the commission by the Department of Natural Resources,
16 and
17 c. the alcoholic liquors are sold by the State park
18 lodge or restaurant concessionaire only during the hours
19 from 11 o'clock a.m. until 12 o'clock midnight.
20 Notwithstanding any other provision of this Act,
21 alcoholic liquor sold by the State park or restaurant
22 concessionaire is not subject to the provisions of
23 Articles IV and IX.
24 Alcoholic liquors may be sold at retail in buildings on
25 properties under the control of the Historic Sites and
26 Preservation Division of the Historic Preservation Agency or
27 the Abraham Lincoln Presidential Library and Museum provided:
28 a. the property has overnight lodging facilities
29 with some restaurant facilities or, not having overnight
30 lodging facilities, has restaurant facilities which serve
31 complete luncheon and dinner or supper meals,
32 b. consent to the issuance of a license to sell
33 alcoholic liquors in the buildings has been filed with
34 the commission by the Historic Sites and Preservation
-28- LRB093 03034 SJM 17096 a
1 Division of the Historic Preservation Agency or the
2 Abraham Lincoln Presidential Library and Museum, and
3 c. the alcoholic liquors are sold by the lodge or
4 restaurant concessionaire only during the hours from 11
5 o'clock a.m. until 12 o'clock midnight.
6 The sale of alcoholic liquors pursuant to this Section
7 does not authorize the establishment and operation of
8 facilities commonly called taverns, saloons, bars, cocktail
9 lounges, and the like except as a part of lodge and
10 restaurant facilities in State parks or golf courses owned by
11 Forest Preserve Districts with a population of less than
12 3,000,000 or municipalities or park districts.
13 Alcoholic liquors may be sold at retail in the
14 Springfield Administration Building of the Department of
15 Transportation and the Illinois State Armory in Springfield;
16 provided, that the controlling government authority may
17 consent to such sales only if
18 a. the request is from a not-for-profit
19 organization;
20 b. such sales would not impede normal operations of
21 the departments involved;
22 c. the not-for-profit organization provides dram
23 shop liability in maximum insurance coverage limits and
24 agrees to defend, save harmless and indemnify the State
25 of Illinois from all financial loss, damage or harm;
26 d. no such sale shall be made during normal working
27 hours of the State of Illinois; and
28 e. the consent is in writing.
29 Alcoholic liquors may be sold at retail in buildings in
30 recreational areas of river conservancy districts under the
31 control of, or leased from, the river conservancy districts.
32 Such sales are subject to reasonable local regulations as
33 provided in Article IV; however, no such regulations may
34 prohibit or substantially impair the sale of alcoholic
-29- LRB093 03034 SJM 17096 a
1 liquors on Sundays or Holidays.
2 Alcoholic liquors may be provided in long term care
3 facilities owned or operated by a county under Division 5-21
4 or 5-22 of the Counties Code, when approved by the facility
5 operator and not in conflict with the regulations of the
6 Illinois Department of Public Health, to residents of the
7 facility who have had their consumption of the alcoholic
8 liquors provided approved in writing by a physician licensed
9 to practice medicine in all its branches.
10 Alcoholic liquors may be delivered to and dispensed in
11 State housing assigned to employees of the Department of
12 Corrections. No person shall furnish or allow to be furnished
13 any alcoholic liquors to any prisoner confined in any jail,
14 reformatory, prison or house of correction except upon a
15 physician's prescription for medicinal purposes.
16 Alcoholic liquors may be sold at retail or dispensed at
17 the Willard Ice Building in Springfield, at the State Library
18 in Springfield, and at Illinois State Museum facilities by
19 (1) an agency of the State, whether legislative, judicial or
20 executive, provided that such agency first obtains written
21 permission to sell or dispense alcoholic liquors from the
22 controlling government authority, or by (2) a not-for-profit
23 organization, provided that such organization:
24 a. Obtains written consent from the controlling
25 government authority;
26 b. Sells or dispenses the alcoholic liquors in a
27 manner that does not impair normal operations of State
28 offices located in the building;
29 c. Sells or dispenses alcoholic liquors only in
30 connection with an official activity in the building;
31 d. Provides, or its catering service provides, dram
32 shop liability insurance in maximum coverage limits and
33 in which the carrier agrees to defend, save harmless and
34 indemnify the State of Illinois from all financial loss,
-30- LRB093 03034 SJM 17096 a
1 damage or harm arising out of the selling or dispensing
2 of alcoholic liquors.
3 Nothing in this Act shall prevent a not-for-profit
4 organization or agency of the State from employing the
5 services of a catering establishment for the selling or
6 dispensing of alcoholic liquors at authorized functions.
7 The controlling government authority for the Willard Ice
8 Building in Springfield shall be the Director of the
9 Department of Revenue. The controlling government authority
10 for Illinois State Museum facilities shall be the Director of
11 the Illinois State Museum. The controlling government
12 authority for the State Library in Springfield shall be the
13 Secretary of State.
14 Alcoholic liquors may be delivered to and sold at retail
15 or dispensed at any facility, property or building under the
16 jurisdiction of the Historic Sites and Preservation Division
17 of the Historic Preservation Agency or the Abraham Lincoln
18 Presidential Library and Museum where the delivery, sale or
19 dispensing is by (1) an agency of the State, whether
20 legislative, judicial or executive, provided that such agency
21 first obtains written permission to sell or dispense
22 alcoholic liquors from a controlling government authority, or
23 by (2) a not-for-profit organization provided that such
24 organization:
25 a. Obtains written consent from the controlling
26 government authority;
27 b. Sells or dispenses the alcoholic liquors in a
28 manner that does not impair normal workings of State
29 offices or operations located at the facility, property
30 or building;
31 c. Sells or dispenses alcoholic liquors only in
32 connection with an official activity of the
33 not-for-profit organization in the facility, property or
34 building;
-31- LRB093 03034 SJM 17096 a
1 d. Provides, or its catering service provides, dram
2 shop liability insurance in maximum coverage limits and
3 in which the carrier agrees to defend, save harmless and
4 indemnify the State of Illinois from all financial loss,
5 damage or harm arising out of the selling or dispensing
6 of alcoholic liquors.
7 The controlling government authority for the Historic
8 Sites and Preservation Division of the Historic Preservation
9 Agency shall be the Director of the Historic Sites and
10 Preservation, and the controlling government authority for
11 the Abraham Lincoln Presidential Library and Museum shall be
12 the Director of the Abraham Lincoln Presidential Library and
13 Museum.
14 Alcoholic liquors may be sold at retail or dispensed at
15 the James R. Thompson Center in Chicago, subject to the
16 provisions of Section 7.4 of the State Property Control Act,
17 and 222 South College Street in Springfield, Illinois by (1)
18 a commercial tenant or subtenant conducting business on the
19 premises under a lease or sublease made pursuant to Section
20 405-315 of the Department of Central Management Services Law
21 (20 ILCS 405/405-315), provided that such tenant or subtenant
22 who sells or dispenses alcoholic liquors shall procure and
23 maintain dram shop liability insurance in maximum coverage
24 limits and in which the carrier agrees to defend, indemnify
25 and save harmless the State of Illinois from all financial
26 loss, damage or harm arising out of the sale or dispensing of
27 alcoholic liquors, or by (2) an agency of the State, whether
28 legislative, judicial or executive, provided that such agency
29 first obtains written permission to sell or dispense
30 alcoholic liquors from the Director of Central Management
31 Services, or by (3) a not-for-profit organization, provided
32 that such organization:
33 a. Obtains written consent from the Department of
34 Central Management Services;
-32- LRB093 03034 SJM 17096 a
1 b. Sells or dispenses the alcoholic liquors in a
2 manner that does not impair normal operations of State
3 offices located in the building;
4 c. Sells or dispenses alcoholic liquors only in
5 connection with an official activity in the building;
6 d. Provides, or its catering service provides, dram
7 shop liability insurance in maximum coverage limits and
8 in which the carrier agrees to defend, save harmless and
9 indemnify the State of Illinois from all financial loss,
10 damage or harm arising out of the selling or dispensing
11 of alcoholic liquors.
12 Nothing in this Act shall prevent a not-for-profit
13 organization or agency of the State from employing the
14 services of a catering establishment for the selling or
15 dispensing of alcoholic liquors at functions authorized by
16 the Director of Central Management Services.
17 Alcoholic liquors may be sold or delivered at any
18 facility owned by the Illinois Sports Facilities Authority
19 provided that dram shop liability insurance has been made
20 available in a form, with such coverage and in such amounts
21 as the Authority reasonably determines is necessary.
22 Alcoholic liquors may be sold at retail or dispensed at
23 the Rockford State Office Building by (1) an agency of the
24 State, whether legislative, judicial or executive, provided
25 that such agency first obtains written permission to sell or
26 dispense alcoholic liquors from the Department of Central
27 Management Services, or by (2) a not-for-profit organization,
28 provided that such organization:
29 a. Obtains written consent from the Department of
30 Central Management Services;
31 b. Sells or dispenses the alcoholic liquors in a
32 manner that does not impair normal operations of State
33 offices located in the building;
34 c. Sells or dispenses alcoholic liquors only in
-33- LRB093 03034 SJM 17096 a
1 connection with an official activity in the building;
2 d. Provides, or its catering service provides, dram
3 shop liability insurance in maximum coverage limits and
4 in which the carrier agrees to defend, save harmless and
5 indemnify the State of Illinois from all financial loss,
6 damage or harm arising out of the selling or dispensing
7 of alcoholic liquors.
8 Nothing in this Act shall prevent a not-for-profit
9 organization or agency of the State from employing the
10 services of a catering establishment for the selling or
11 dispensing of alcoholic liquors at functions authorized by
12 the Department of Central Management Services.
13 Alcoholic liquors may be sold or delivered in a building
14 that is owned by McLean County, situated on land owned by the
15 county in the City of Bloomington, and used by the McLean
16 County Historical Society if the sale or delivery is approved
17 by an ordinance adopted by the county board, and the
18 municipality in which the building is located may not
19 prohibit that sale or delivery, notwithstanding any other
20 provision of this Section. The regulation of the sale and
21 delivery of alcoholic liquor in a building that is owned by
22 McLean County, situated on land owned by the county, and used
23 by the McLean County Historical Society as provided in this
24 paragraph is an exclusive power and function of the State and
25 is a denial and limitation under Article VII, Section 6,
26 subsection (h) of the Illinois Constitution of the power of a
27 home rule municipality to regulate that sale and delivery.
28 Alcoholic liquors may be sold or delivered in any
29 building situated on land held in trust for any school
30 district organized under Article 34 of the School Code, if
31 the building is not used for school purposes and if the sale
32 or delivery is approved by the board of education.
33 Alcoholic liquors may be sold or delivered in buildings
34 owned by the Community Building Complex Committee of Boone
-34- LRB093 03034 SJM 17096 a
1 County, Illinois if the person or facility selling or
2 dispensing the alcoholic liquor has provided dram shop
3 liability insurance with coverage and in amounts that the
4 Committee reasonably determines are necessary.
5 Alcoholic liquors may be sold or delivered in the
6 building located at 1200 Centerville Avenue in Belleville,
7 Illinois and occupied by either the Belleville Area Special
8 Education District or the Belleville Area Special Services
9 Cooperative.
10 (Source: P.A. 91-239, eff. 1-1-00; 91-922, eff. 7-7-00;
11 92-512, eff. 1-1-02; 92-583, eff. 6-26-02; 92-600, eff.
12 7-1-02; revised 9-3-02.)
13 Section 30. The Toll Highway Act is amended by changing
14 Section 8 as follows:
15 (605 ILCS 10/8) (from Ch. 121, par. 100-8)
16 Sec. 8. The Authority shall have the power:
17 (a) To acquire, own, use, hire, lease, operate and
18 dispose of personal property, real property (except with
19 respect to the headquarters building and surrounding land of
20 the Authority located at 2700 Ogden Avenue, Downers Grove,
21 Illinois, which may be sold or mortgaged only as provided in
22 Section 7.5 of the State Property Control Act), any interest
23 therein, including rights-of-way, franchises and easements.
24 (b) To enter into all contracts and agreements necessary
25 or incidental to the performance of its powers under this
26 Act. All employment contracts let under this Act shall be in
27 conformity with the applicable provisions of "An Act
28 regulating wages of laborers, mechanics and other workers
29 employed under contracts for public works," approved June 26,
30 1941, as amended.
31 (c) To employ and discharge, without regard to the
32 requirements of any civil service or personnel act, such
-35- LRB093 03034 SJM 17096 a
1 administrative, engineering, traffic, architectural,
2 construction, and financial experts, and inspectors, and such
3 other employees, as are necessary in the Authority's judgment
4 to carry out the purposes of this Act; and to establish and
5 administer standards of classification of all of such persons
6 with respect to their compensation, duties, performance, and
7 tenure; and to enter into contracts of employment with such
8 persons for such periods and on such terms as the Authority
9 deems desirable.
10 (d) To appoint by and with the consent of the Attorney
11 General, assistant attorneys for such Authority, which said
12 assistant attorneys shall be under the control, direction and
13 supervision of the Attorney General and shall serve at his
14 pleasure.
15 (e) To retain special counsel, subject to the approval
16 of the Attorney General, as needed from time to time, and fix
17 their compensation, provided however, such special counsel
18 shall be subject to the control, direction and supervision of
19 the Attorney General and shall serve at his pleasure.
20 (f) To acquire, construct, relocate, operate, regulate
21 and maintain a system of toll highways through and within the
22 State of Illinois. However, the Authority does not have the
23 power to acquire, operate, regulate or maintain any system of
24 toll highways or toll bridges or portions of them (including
25 but not limited to any system organized pursuant to Division
26 108 of Article 11 of the Illinois Municipal Code) in the
27 event either of the following conditions exists at the time
28 the proposed acquisition, operation, regulation or
29 maintenance of such system is to become effective:
30 (1) the principal or interest on bonds or other
31 instruments evidencing indebtedness of the system are in
32 default; or
33 (2) the principal or interest on bonds or other
34 instruments evidencing indebtedness of the system have been
-36- LRB093 03034 SJM 17096 a
1 in default at any time during the 5 year period prior to the
2 proposed acquisition.
3 To facilitate such construction, operation and
4 maintenance and subject to the approval of the Division of
5 Highways of the Department of Transportation, the Authority
6 shall have the full use and advantage of the engineering
7 staff and facilities of the Department.
8 (Source: P.A. 83-1258.)
9 Section 90. The State Mandates Act is amended by adding
10 Section 8.27 as follows:
11 (30 ILCS 805/8.27 new)
12 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
13 and 8 of this Act, no reimbursement by the State is required
14 for the implementation of any mandate created by this
15 amendatory Act of the 93rd General Assembly.
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.".
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