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
 
                            -3-      LRB093 03034 SJM 17096 a
 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
 
                            -4-      LRB093 03034 SJM 17096 a
 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
 
                            -5-      LRB093 03034 SJM 17096 a
 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
 
                            -7-      LRB093 03034 SJM 17096 a
 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.
 
                            -8-      LRB093 03034 SJM 17096 a
 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
 
                            -9-      LRB093 03034 SJM 17096 a
 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
 
                            -10-     LRB093 03034 SJM 17096 a
 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.
 
                            -11-     LRB093 03034 SJM 17096 a
 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
 
                            -12-     LRB093 03034 SJM 17096 a
 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
 
                            -14-     LRB093 03034 SJM 17096 a
 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,
 
                            -19-     LRB093 03034 SJM 17096 a
 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.".