093_SB0719enr SB719 Enrolled LRB093 03034 LCB 03051 b 1 AN ACT concerning conveyances. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Central Management Services 5 Law of the Civil Administrative Code of Illinois is amended 6 by changing Section 405-315 as follows: 7 (20 ILCS 405/405-315) (was 20 ILCS 405/67.24) 8 Sec. 405-315. Management of State buildings; security 9 force; fees. 10 (a) To manage, operate, maintain, and preserve from 11 waste the State buildings listed below. The Department may 12 rent portions of these and other State buildings when in the 13 judgment of the Director those leases or subleases will be in 14 the best interests of the State. The leases or subleases 15 shall not exceed 5 years unless a greater term is 16 specifically authorized. 17 a. Peoria Regional Office Building 18 5415 North University 19 Peoria, Illinois 61614 20 b. Springfield Regional Office Building 21 4500 South 6th Street 22 Springfield, Illinois 62703 23 c. Champaign Regional Office Building 24 2125 South 1st Street 25 Champaign, Illinois 61820 26 d. Illinois State Armory Building 27 124 East Adams 28 Springfield, Illinois 62706 29 e. Marion Regional Office Building 30 2209 West Main Street 31 Marion, Illinois 62959 SB719 Enrolled -2- LRB093 03034 LCB 03051 b 1 f. Kenneth Hall Regional State Office 2 Building 3 #10 Collinsville Avenue 4 East St. Louis, Illinois 62201 5 g. Rockford Regional Office Building 6 4402 North Main Street 7 P.O. Box 915 8 Rockford, Illinois 61105 9 h. State of Illinois Building 10 160 North LaSalle 11 Chicago, Illinois 60601 12 i. Office and Laboratory Building 13 2121 West Taylor Street 14 Chicago, Illinois 60602 15 j. Central Computer Facility 16 201 West Adams 17 Springfield, Illinois 62706 18 k. Elgin Office Building 19 595 South State Street 20 Elgin, Illinois 60120 21 l. James R. Thompson Center 22 Bounded by Lake, Clark, Randolph and 23 LaSalle Streets 24 Chicago, Illinois 25 m. The following buildings located within the Chicago 26 Medical Center District: 27 1. Lawndale Day Care Center 28 2929 West 19th Street 29 2. Edwards Center 30 2020 Roosevelt Road 31 3. Illinois Center for 32 Rehabilitation and Education 33 1950 West Roosevelt Road and 1151 South Wood Street 34 4. Department of Children and SB719 Enrolled -3- LRB093 03034 LCB 03051 b 1 Family Services District Office 2 1026 South Damen 3 5. The William Heally School 4 1731 West Taylor 5 6. Administrative Office Building 6 1100 South Paulina Street 7 7. Metro Children and Adolescents Center 8 1601 West Taylor Street 9 n. E.J. "Zeke" Giorgi Center 10 200 Wyman Street 11 Rockford, Illinois 12 o. Suburban North Facility 13 9511 Harrison 14 Des Plaines, Illinois 15 p. The following buildings located within the Revenue 16 Center in Springfield: 17 1. State Property Control Warehouse 18 11th & Ash 19 2. Illinois State Museum Research & Collections 20 Center 21 1011 East Ash Street 22 q. Effingham Regional Office Building 23 401 Industrial Drive 24 Effingham, Illinois 25 r. The Communications Center 26 120 West Jefferson 27 Springfield, Illinois 28 s. Portions or all of the basement and 29 ground floor of the 30 State of Illinois Building 31 160 North LaSalle 32 Chicago, Illinois 60601 33 may be leased or subleased to persons, firms, partnerships, 34 associations, or individuals for terms not to exceed 15 years SB719 Enrolled -4- LRB093 03034 LCB 03051 b 1 when in the judgment of the Director those leases or 2 subleases will be in the best interests of the State. 3 Portions or all of the commercial space, which includes 4 the sub-basement, storage mezzanine, concourse, and ground 5 and second floors of the 6 James R. Thompson Center 7 Bounded by Lake, Clark, Randolph and LaSalle Streets 8 Chicago, Illinois 9 may be leased or subleased to persons, firms, partnerships, 10 associations, or individuals for terms not to exceed 15 years 11 subject to renewals when in the judgment of the Director 12 those leases or subleases will be in the best interests of 13 the State. 14 The Director is authorized to rent portions of the above 15 described facilities to persons, firms, partnerships, 16 associations, or individuals for terms not to exceed 30 days 17 when those leases or subleases will not interfere with State 18 usage of the facility. This authority is meant to supplement 19 and shall not in any way be interpreted to restrict the 20 Director's ability to make portions of the State of Illinois 21 Building and the James R. Thompson Center available for 22 long-term commercial leases or subleases. 23 Provided however, that all rentals or fees charged to 24 persons, firms, partnerships, associations, or individuals 25 for any lease or use of space in the above described 26 facilities made for terms not to exceed 30 days in length 27 shall be deposited in a special fund in the State treasury to 28 be known as the Special Events Revolving Fund. 29 Notwithstanding the provisions above, the Department of 30 Children and Family Services and the Department of Human 31 Services (as successor to the Department of Rehabilitation 32 Services and the Department of Mental Health and 33 Developmental Disabilities) shall determine the allocation of 34 space for direct recipient care in their respective SB719 Enrolled -5- LRB093 03034 LCB 03051 b 1 facilities. The Department of Central Management Services 2 shall consult with the affected agency in the allocation and 3 lease of surplus space in these facilities. Potential lease 4 arrangements shall not endanger the direct recipient care 5 responsibilities in these facilities. 6 (b) To appoint, subject to the Personnel Code, persons 7 to be members of a police and security force. Members of the 8 security force shall be peace officers when performing duties 9 pursuant to this Section and as such shall have all of the 10 powers possessed by policemen in cities and sheriffs, 11 including the power to make arrests on view or issue 12 citations for violations of State statutes or city or county 13 ordinances, except that in counties of more than 1,000,000 14 population, any powers created by this subsection shall be 15 exercised only (i) when necessary to protect the property, 16 personnel, or interests of the Department or any State agency 17 for whom the Department manages, operates, or maintains 18 property or (ii) when specifically requested by appropriate 19 State or local law enforcement officials, and except that 20 within counties of 1,000,000 or less population, these powers 21 shall be exercised only when necessary to protect the 22 property, personnel, or interests of the State of Illinois 23 and only while on property managed, operated, or maintained 24 by the Department. 25 Nothing in this subsection shall be construed so as to 26 make it conflict with any provisions of, or rules promulgated 27 under, the Personnel Code. 28 (c) To charge reasonable fees to all State agencies 29 utilizing facilities operated by the Department for occupancy 30 related fees and charges. All fees collected under this 31 subsection shall be deposited in a special fund in the State 32 treasury known as the Facilities Management Revolving Fund. 33 As used in this subsection, the term "State agencies" means 34 all departments, officers, commissions, institutions, boards, SB719 Enrolled -6- LRB093 03034 LCB 03051 b 1 and bodies politic and corporate of the State. 2 (d) Provisions of this Section relating to the James R. 3 Thompson Center are subject to the provisions of Section 7.4 4 of the State Property Control Act. 5 (Source: P.A. 91-239, eff. 1-1-00; 92-302, eff. 8-9-01.) 6 Section 10. The State Finance Act is amended by changing 7 Section 25 as follows: 8 (30 ILCS 105/25) (from Ch. 127, par. 161) 9 Sec. 25. Fiscal year limitations. 10 (a) All appropriations shall be available for 11 expenditure for the fiscal year or for a lesser period if the 12 Act making that appropriation so specifies. A deficiency or 13 emergency appropriation shall be available for expenditure 14 only through June 30 of the year when the Act making that 15 appropriation is enacted unless that Act otherwise provides. 16 (b) Outstanding liabilities as of June 30, payable from 17 appropriations which have otherwise expired, may be paid out 18 of the expiring appropriations during the 2-month period 19 ending at the close of business on August 31. Any service 20 involving professional or artistic skills or any personal 21 services by an employee whose compensation is subject to 22 income tax withholding must be performed as of June 30 of the 23 fiscal year in order to be considered an "outstanding 24 liability as of June 30" that is thereby eligible for payment 25 out of the expiring appropriation. 26 However, payment of tuition reimbursement claims under 27 Section 14-7.03 or 18-3 of the School Code may be made by the 28 State Board of Education from its appropriations for those 29 respective purposes for any fiscal year, even though the 30 claims reimbursed by the payment may be claims attributable 31 to a prior fiscal year, and payments may be made at the 32 direction of the State Superintendent of Education from the SB719 Enrolled -7- LRB093 03034 LCB 03051 b 1 fund from which the appropriation is made without regard to 2 any fiscal year limitations. 3 Medical payments may be made by the Department of 4 Veterans' Affairs from its appropriations for those purposes 5 for any fiscal year, without regard to the fact that the 6 medical services being compensated for by such payment may 7 have been rendered in a prior fiscal year. 8 Medical payments may be made by the Department of Public 9 Aid and child care payments may be made by the Department of 10 Human Services (as successor to the Department of Public Aid) 11 from appropriations for those purposes for any fiscal year, 12 without regard to the fact that the medical or child care 13 services being compensated for by such payment may have been 14 rendered in a prior fiscal year; and payments may be made at 15 the direction of the Department of Central Management 16 Services from the Health Insurance Reserve Fund and the Local 17 Government Health Insurance Reserve Fund without regard to 18 any fiscal year limitations. 19 Additionally, payments may be made by the Department of 20 Human Services from its appropriations, or any other State 21 agency from its appropriations with the approval of the 22 Department of Human Services, from the Immigration Reform and 23 Control Fund for purposes authorized pursuant to the 24 Immigration Reform and Control Act of 1986, without regard to 25 any fiscal year limitations. 26 Further, with respect to costs incurred in fiscal years 27 2002 and 2003 only, payments may be made by the State 28 Treasurer from its appropriations from the Capital Litigation 29 Trust Fund without regard to any fiscal year limitations. 30 Lease payments may be made by the Department of Central 31 Management Services under the sale and leaseback provisions 32 of Section 7.4 of the State Property Control Act with respect 33 to the James R. Thompson Center and the Elgin Mental Health 34 Center and surrounding land from appropriations for that SB719 Enrolled -8- LRB093 03034 LCB 03051 b 1 purpose without regard to any fiscal year limitations. 2 Lease payments may be made under the sale and leaseback 3 provisions of Section 7.5 of the State Property Control Act 4 with respect to the Illinois State Toll Highway Authority 5 headquarters building and surrounding land without regard to 6 any fiscal year limitations. 7 (c) Further, payments may be made by the Department of 8 Public Health and the Department of Human Services (acting as 9 successor to the Department of Public Health under the 10 Department of Human Services Act) from their respective 11 appropriations for grants for medical care to or on behalf of 12 persons suffering from chronic renal disease, persons 13 suffering from hemophilia, rape victims, and premature and 14 high-mortality risk infants and their mothers and for grants 15 for supplemental food supplies provided under the United 16 States Department of Agriculture Women, Infants and Children 17 Nutrition Program, for any fiscal year without regard to the 18 fact that the services being compensated for by such payment 19 may have been rendered in a prior fiscal year. 20 (d) The Department of Public Health and the Department 21 of Human Services (acting as successor to the Department of 22 Public Health under the Department of Human Services Act) 23 shall each annually submit to the State Comptroller, Senate 24 President, Senate Minority Leader, Speaker of the House, 25 House Minority Leader, and the respective Chairmen and 26 Minority Spokesmen of the Appropriations Committees of the 27 Senate and the House, on or before December 31, a report of 28 fiscal year funds used to pay for services provided in any 29 prior fiscal year. This report shall document by program or 30 service category those expenditures from the most recently 31 completed fiscal year used to pay for services provided in 32 prior fiscal years. 33 (e) The Department of Public Aid and the Department of 34 Human Services (acting as successor to the Department of SB719 Enrolled -9- LRB093 03034 LCB 03051 b 1 Public Aid) shall each annually submit to the State 2 Comptroller, Senate President, Senate Minority Leader, 3 Speaker of the House, House Minority Leader, the respective 4 Chairmen and Minority Spokesmen of the Appropriations 5 Committees of the Senate and the House, on or before November 6 30, a report that shall document by program or service 7 category those expenditures from the most recently completed 8 fiscal year used to pay for (i) services provided in prior 9 fiscal years and (ii) services for which claims were received 10 in prior fiscal years. 11 (f) The Department of Human Services (as successor to 12 the Department of Public Aid) shall annually submit to the 13 State Comptroller, Senate President, Senate Minority Leader, 14 Speaker of the House, House Minority Leader, and the 15 respective Chairmen and Minority Spokesmen of the 16 Appropriations Committees of the Senate and the House, on or 17 before December 31, a report of fiscal year funds used to pay 18 for services (other than medical care) provided in any prior 19 fiscal year. This report shall document by program or 20 service category those expenditures from the most recently 21 completed fiscal year used to pay for services provided in 22 prior fiscal years. 23 (g) In addition, each annual report required to be 24 submitted by the Department of Public Aid under subsection 25 (e) shall include the following information with respect to 26 the State's Medicaid program: 27 (1) Explanations of the exact causes of the 28 variance between the previous year's estimated and actual 29 liabilities. 30 (2) Factors affecting the Department of Public 31 Aid's liabilities, including but not limited to numbers 32 of aid recipients, levels of medical service utilization 33 by aid recipients, and inflation in the cost of medical 34 services. SB719 Enrolled -10- LRB093 03034 LCB 03051 b 1 (3) The results of the Department's efforts to 2 combat fraud and abuse. 3 (h) As provided in Section 4 of the General Assembly 4 Compensation Act, any utility bill for service provided to a 5 General Assembly member's district office for a period 6 including portions of 2 consecutive fiscal years may be paid 7 from funds appropriated for such expenditure in either fiscal 8 year. 9 (i) An agency which administers a fund classified by the 10 Comptroller as an internal service fund may issue rules for: 11 (1) billing user agencies in advance based on 12 estimated charges for goods or services; 13 (2) issuing credits during the subsequent fiscal 14 year for all user agency payments received during the 15 prior fiscal year which were in excess of the final 16 amounts owed by the user agency for that period; and 17 (3) issuing catch-up billings to user agencies 18 during the subsequent fiscal year for amounts remaining 19 due when payments received from the user agency during 20 the prior fiscal year were less than the total amount 21 owed for that period. 22 User agencies are authorized to reimburse internal service 23 funds for catch-up billings by vouchers drawn against their 24 respective appropriations for the fiscal year in which the 25 catch-up billing was issued. 26 (Source: P.A. 92-885, eff. 1-13-03.) 27 Section 12. The Illinois Procurement Code is amended by 28 adding Sections 40-45 and 40-46 as follows: 29 (30 ILCS 500/40-45 new) 30 Sec. 40-45. Leases exempt from Article. A lease entered 31 into by the State under Section 7.4 of the State Property 32 Control Act is not subject to the provisions of this Article. SB719 Enrolled -11- LRB093 03034 LCB 03051 b 1 (30 ILCS 500/40-46 new) 2 Sec. 40-46. Leases exempt from Article. A lease entered 3 into under Section 7.5 of the State Property Control Act is 4 not subject to the provisions of this Article. 5 Section 15. The State Property Control Act is amended by 6 adding Sections 7.4 and 7.5 as follows: 7 (30 ILCS 605/7.4 new) 8 Sec. 7.4. James R. Thompson Center; Elgin Mental Health 9 Center. 10 (a) Notwithstanding any other provision of this Act or 11 any other law to the contrary, the administrator is 12 authorized under this Section to dispose of or mortgage (i) 13 the James R. Thompson Center located in Chicago, Illinois and 14 (ii) the Elgin Mental Health Center and surrounding land 15 located at 750 S. State Street, Elgin, Illinois in any of the 16 following ways: 17 (1) The administrator may sell the property as 18 provided in subsection (b). 19 (2) The administrator may sell the property as 20 provided in subsection (b), and the administrator may 21 immediately thereafter enter into a leaseback or other 22 agreement that directly or indirectly gives the State a 23 right to use, control, and possess the property. 24 Notwithstanding any other provision of law, a lease 25 entered into by the administrator under this subdivision 26 (a)(2) may last for any period not exceeding 99 years. 27 (3) The administrator may enter into a mortgage 28 agreement, using the property as collateral, to receive a 29 loan or a line of credit based on the equity available in 30 the property. Any loan obtained or line of credit 31 established under this subdivision (a)(3) must require 32 repayment in full in 20 years or less. SB719 Enrolled -12- LRB093 03034 LCB 03051 b 1 (b) The administrator shall obtain 3 appraisals of the 2 real property transferred under subdivision (a)(1) or (a)(2) 3 of this Section, one of which shall be performed by an 4 appraiser residing in the county in which the real property 5 is located. The average of these 3 appraisals, plus the costs 6 of obtaining the appraisals, shall represent the fair market 7 value of the real property. No property may be conveyed under 8 subdivision (a)(1) or (a)(2) of this Section by the 9 administrator for less than the fair market value. The 10 administrator may sell the real property by public auction 11 following notice of the sale by publication on 3 separate 12 days not less than 15 nor more than 30 days prior to the sale 13 in a daily newspaper having general circulation in the county 14 in which the real property is located. If no acceptable 15 offers for the real property are received, the administrator 16 may have new appraisals of the property made. The 17 administrator shall have all power necessary to convey real 18 property under subdivision (a)(1) or (a)(2) of this Section. 19 The administrator shall have authority to order such 20 surveys, abstracts of title, or commitments for title 21 insurance as may, in his or her reasonable discretion, be 22 deemed necessary to demonstrate to prospective purchasers, 23 bidders, or mortgagees good and marketable title in any 24 property offered for sale or mortgage under this Section. 25 Unless otherwise specifically authorized by the General 26 Assembly, all conveyances of property made by the 27 administrator under subdivision (a)(1) or (a)(2) of this 28 Section shall be by quit claim deed. 29 (c) All moneys received from the sale or mortgage of real 30 property under this Section shall be deposited into the 31 General Revenue Fund. 32 (d) The administrator is authorized to enter into any 33 agreements and execute any documents necessary to exercise 34 the authority granted by this Section. SB719 Enrolled -13- LRB093 03034 LCB 03051 b 1 (e) Any agreement to dispose of or mortgage (i) the James 2 R. Thompson Center located in Chicago, Illinois or (ii) the 3 Elgin Mental Health Center and surrounding land located at 4 750 S. State Street, Elgin, Illinois pursuant to the 5 authority granted by this Section must be entered into no 6 later than one year after the effective date of this 7 amendatory Act of the 93rd General Assembly. 8 (30 ILCS 605/7.5 new) 9 Sec. 7.5. Illinois State Toll Highway Authority 10 headquarters. 11 (a) Notwithstanding any other provision of this Act or 12 any other law to the contrary, the Illinois State Toll 13 Highway Authority, as set forth in items (1) through (3), is 14 authorized under this Section to dispose of or mortgage the 15 Illinois State Toll Highway Authority headquarters building 16 and surrounding land, located at 2700 Ogden Avenue, Downers 17 Grove, Illinois in any of the following ways: 18 (1) The Authority may sell the property as provided 19 in subsection (b). 20 (2) The Authority may sell the property as provided 21 in subsection (b) and may immediately thereafter enter 22 into a leaseback or other agreement that directly or 23 indirectly gives the State or the Authority a right to 24 use, control, and possess the property. Notwithstanding 25 any other provision of law, a lease entered into under 26 this subdivision (a)(2) may last for any period not 27 exceeding 99 years. 28 (3) The Authority may enter into a mortgage 29 agreement, using the property as collateral, to receive a 30 loan or a line of credit based on the equity available in 31 the property. Any loan obtained or line of credit 32 established under this subdivision (a)(3) must require 33 repayment in full in 20 years or less. SB719 Enrolled -14- LRB093 03034 LCB 03051 b 1 (b) The Illinois State Toll Highway Authority shall 2 obtain 3 appraisals of the real property transferred under 3 subdivision (a)(1) or (a)(2) of this Section, one of which 4 shall be performed by an appraiser residing in the county in 5 which the real property is located. The average of these 3 6 appraisals, plus the costs of obtaining the appraisals, shall 7 represent the fair market value of the real property. No 8 property may be conveyed under subdivision (a)(1) or (a)(2) 9 of this Section by the Authority for less than the fair 10 market value. The Authority may sell the real property by 11 public auction following notice of the sale by publication on 12 3 separate days not less than 15 nor more than 30 days prior 13 to the sale in a daily newspaper having general circulation 14 in the county in which the real property is located. If no 15 acceptable offers for the real property are received, the 16 Authority may have new appraisals of the property made. The 17 Authority shall have all power necessary to convey real 18 property under subdivision (a)(1) or (a)(2) of this Section. 19 The Illinois State Toll Highway Authority shall have 20 authority to order such surveys, abstracts of title, or 21 commitments for title insurance as may, in his or her 22 reasonable discretion, be deemed necessary to demonstrate to 23 prospective purchasers, bidders, or mortgagees good and 24 marketable title in any property offered for sale or mortgage 25 under this Section. Unless otherwise specifically authorized 26 by the General Assembly, all conveyances of property made by 27 the Authority under subdivision (a)(1) or (a)(2) of this 28 Section shall be by quit claim deed. 29 (c) All moneys received from the sale or mortgage of real 30 property under this Section shall be deposited into the 31 General Revenue Fund. 32 (d) The Authority is authorized to enter into any 33 agreements and execute any documents necessary to exercise 34 the authority granted by this Section. SB719 Enrolled -15- LRB093 03034 LCB 03051 b 1 (e) Any agreement to dispose of or mortgage the Illinois 2 State Toll Highway Authority headquarters building and 3 surrounding land located at 2700 Ogden Avenue, Downers Grove, 4 Illinois pursuant to the authority granted by this Section 5 must be entered into no later than one year after the 6 effective date of this amendatory Act of the 93rd General 7 Assembly. 8 (f) The provisions of this Section apply and control 9 notwithstanding any other provision of this Act or any other 10 law to the contrary. 11 Section 20. The Property Tax Code is amended by changing 12 Sections 9-195 and 15-55 and adding Section 15-185 as 13 follows: 14 (35 ILCS 200/9-195) 15 Sec. 9-195. Leasing of exempt property. 16 (a) Except as provided in Sections 15-35, 15-55, 15-60, 17 15-100,and15-103, and 15-185, when property which is exempt 18 from taxation is leased to another whose property is not 19 exempt, and the leasing of which does not make the property 20 taxable, the leasehold estate and the appurtenances shall be 21 listed as the property of the lessee thereof, or his or her 22 assignee. Taxes on that property shall be collected in the 23 same manner as on property that is not exempt, and the lessee 24 shall be liable for those taxes. However, no tax lien shall 25 attach to the exempt real estate. The changes made by this 26 amendatory Act of 1997 and by this amendatory Act of the 91st 27 General Assembly are declaratory of existing law and shall 28 not be construed as a new enactment. The changes made by 29 Public Acts 88-221 and 88-420 that are incorporated into this 30 Section by this amendatory Act of 1993 are declarative of 31 existing law and are not a new enactment. 32 (b) The provisions of this Section regarding taxation of SB719 Enrolled -16- LRB093 03034 LCB 03051 b 1 leasehold interests in exempt property do not apply to any 2 leasehold interest created pursuant to any transaction 3 described in subsection (e) of Section 15-35, subsection 4 (c-5) of Section 15-60, subsection (b) of Section 15-100,or5 Section 15-103, or Section 15-185. 6 (Source: P.A. 91-513, eff. 8-13-99; 92-844, eff. 8-23-02; 7 92-846, eff. 8-23-02.) 8 (35 ILCS 200/15-55) 9 Sec. 15-55. State property. 10 (a) All property belonging to the State of Illinois is 11 exempt. However, the State agency holding title shall file 12 the certificate of ownership and use required by Section 13 15-10, together with a copy of any written lease or 14 agreement, in effect on March 30 of the assessment year, 15 concerning parcels of 1 acre or more, or an explanation of 16 the terms of any oral agreement under which the property is 17 leased, subleased or rented. 18 The leased property shall be assessed to the lessee and 19 the taxes thereon extended and billed to the lessee, and 20 collected in the same manner as for property which is not 21 exempt. The lessee shall be liable for the taxes and no lien 22 shall attach to the property of the State. 23 For the purposes of this Section, the word "leases" 24 includes licenses, franchises, operating agreements and other 25 arrangements under which private individuals, associations or 26 corporations are granted the right to use property of the 27 Illinois State Toll Highway Authority and includes all 28 property of the Authority used by others without regard to 29 the size of the leased parcel. 30 (b) However, all property of every kind belonging to the 31 State of Illinois, which is or may hereafter be leased to the 32 Illinois Prairie Path Corporation, shall be exempt from all 33 assessments, taxation or collection, despite the making of SB719 Enrolled -17- LRB093 03034 LCB 03051 b 1 any such lease, if it is used for: 2 (1)(a)conservation, nature trail or any other 3 charitable, scientific, educational or recreational 4 purposes with public benefit, including the preserving 5 and aiding in the preservation of natural areas, objects, 6 flora, fauna or biotic communities; 7 (2)(b)the establishment of footpaths, trails and 8 other protected areas; 9 (3)(c)the conservation of the proper use of 10 natural resources or the promotion of the study of plant 11 and animal communities and of other phases of ecology, 12 natural history and conservation; 13 (4)(d)the promotion of education in the fields of 14 nature, preservation and conservation; or 15 (5)(e)similar public recreational activities 16 conducted by the Illinois Prairie Path Corporation. 17 No lien shall attach to the property of the State. No tax 18 liability shall become the obligation of or be enforceable 19 against Illinois Prairie Path Corporation. 20 (c) If the State sells the James R. Thompson Center or 21 the Elgin Mental Health Center and surrounding land located 22 at 750 S. State Street, Elgin, Illinois, as provided in 23 subdivision (a)(2) of Section 7.4 of the State Property 24 Control Act, to another entity whose property is not exempt 25 and immediately thereafter enters into a leaseback or other 26 agreement that directly or indirectly gives the State a right 27 to use, control, and possess the property, that portion of 28 the property leased and occupied exclusively by the State 29 shall remain exempt under this Section. For the property to 30 remain exempt under this subsection (c), the State must 31 retain an option to purchase the property at a future date 32 or, within the limitations period for reverters, the property 33 must revert back to the State. 34 If the property has been conveyed as described in this SB719 Enrolled -18- LRB093 03034 LCB 03051 b 1 subsection (c), the property is no longer exempt pursuant to 2 this Section as of the date when: 3 (1) the right of the State to use, control, and 4 possess the property has been terminated; or 5 (2) the State no longer has an option to purchase or 6 otherwise acquire the property and there is no provision 7 for a reverter of the property to the State within the 8 limitations period for reverters. 9 Pursuant to Sections 15-15 and 15-20 of this Code, the 10 State shall notify the chief county assessment officer of any 11 transaction under this subsection (c). The chief county 12 assessment officer shall determine initial and continuing 13 compliance with the requirements of this Section for tax 14 exemption. Failure to notify the chief county assessment 15 officer of a transaction under this subsection (c) or to 16 otherwise comply with the requirements of Sections 15-15 and 17 15-20 of this Code shall, in the discretion of the chief 18 county assessment officer, constitute cause to terminate the 19 exemption, notwithstanding any other provision of this Code. 20 (c-1) If the Illinois State Toll Highway Authority sells 21 the Illinois State Toll Highway Authority headquarters 22 building and surrounding land, located at 2700 Ogden Avenue, 23 Downers Grove, Illinois as provided in subdivision (a)(2) of 24 Section 7.5 of the State Property Control Act, to another 25 entity whose property is not exempt and immediately 26 thereafter enters into a leaseback or other agreement that 27 directly or indirectly gives the State or the Illinois State 28 Toll Highway Authority a right to use, control, and possess 29 the property, that portion of the property leased and 30 occupied exclusively by the State or the Authority shall 31 remain exempt under this Section. For the property to remain 32 exempt under this subsection (c), the Authority must retain 33 an option to purchase the property at a future date or, 34 within the limitations period for reverters, the property SB719 Enrolled -19- LRB093 03034 LCB 03051 b 1 must revert back to the Authority. 2 If the property has been conveyed as described in this 3 subsection (c), the property is no longer exempt pursuant to 4 this Section as of the date when: 5 (1) the right of the State or the Authority to use, 6 control, and possess the property has been terminated; or 7 (2) the Authority no longer has an option to 8 purchase or otherwise acquire the property and there is 9 no provision for a reverter of the property to the 10 Authority within the limitations period for reverters. 11 Pursuant to Sections 15-15 and 15-20 of this Code, the 12 Authority shall notify the chief county assessment officer of 13 any transaction under this subsection (c). The chief county 14 assessment officer shall determine initial and continuing 15 compliance with the requirements of this Section for tax 16 exemption. Failure to notify the chief county assessment 17 officer of a transaction under this subsection (c) or to 18 otherwise comply with the requirements of Sections 15-15 and 19 15-20 of this Code shall, in the discretion of the chief 20 county assessment officer, constitute cause to terminate the 21 exemption, notwithstanding any other provision of this Code. 22 (d) Public Act 81-1026 applies to all leases or 23 agreements entered into or renewed on or after September 24, 24 1979. 25 (Source: P.A. 86-413; 88-455.) 26 (35 ILCS 200/15-185 new) 27 Sec. 15-185. Leaseback exemption. Notwithstanding 28 anything in this Code to the contrary, all property owned by 29 a municipality with a population of over 500,000 inhabitants, 30 or a unit of local government whose jurisdiction includes 31 territory located in whole or in part within a municipality 32 with a population of over 500,000 inhabitants, shall remain 33 exempt from taxation and any leasehold interest in that SB719 Enrolled -20- LRB093 03034 LCB 03051 b 1 property shall not be subject to taxation under Section 9-195 2 if, for the purpose of obtaining financing, the property is 3 directly or indirectly leased, sold, or otherwise transferred 4 to another entity whose property is not exempt and 5 immediately thereafter is the subject of a leaseback or other 6 agreement that directly or indirectly gives the municipality 7 or unit of local government (i) a right to use, control, and 8 possess the property or (ii) a right to require the other 9 entity, or the other entity's designee or assignee, to use 10 the property in the performance of services for the 11 municipality or unit of local government. The property shall 12 no longer be exempt under this Section as of the date when 13 the right of the municipality or unit of local government to 14 use, control, and possess the property or to require the 15 performance of services is terminated and the municipality or 16 unit of local government no longer has any option to purchase 17 or otherwise reacquire the interest in the property which was 18 transferred by the municipality or unit of local government. 19 For purposes of this Section, "municipality" means a 20 municipality as defined in Section 1-1-2 of the Illinois 21 Municipal Code, and "unit of local government" means a unit 22 of local government as defined in Article VII, Section 1 of 23 the Constitution of the State of Illinois. The provisions of 24 this Section supersede and control over any conflicting 25 provisions of this Code. 26 Section 25. The Liquor Control Act of 1934 is amended by 27 changing Section 6-15 as follows: 28 (235 ILCS 5/6-15) (from Ch. 43, par. 130) 29 Sec. 6-15. No alcoholic liquors shall be sold or 30 delivered in any building belonging to or under the control 31 of the State or any political subdivision thereof except as 32 provided in this Act. The corporate authorities of any city, SB719 Enrolled -21- LRB093 03034 LCB 03051 b 1 village, incorporated town or township may provide by 2 ordinance, however, that alcoholic liquor may be sold or 3 delivered in any specifically designated building belonging 4 to or under the control of the municipality or township, or 5 in any building located on land under the control of the 6 municipality; provided that such township complies with all 7 applicable local ordinances in any incorporated area of the 8 township. Alcoholic liquors may be delivered to and sold at 9 any airport belonging to or under the control of a 10 municipality of more than 25,000 inhabitants, or in any 11 building or on any golf course owned by a park district 12 organized under the Park District Code, subject to the 13 approval of the governing board of the district, or in any 14 building or on any golf course owned by a forest preserve 15 district organized under the Downstate Forest Preserve 16 District Act, subject to the approval of the governing board 17 of the district, or on the grounds within 500 feet of any 18 building owned by a forest preserve district organized under 19 the Downstate Forest Preserve District Act during times when 20 food is dispensed for consumption within 500 feet of the 21 building from which the food is dispensed, subject to the 22 approval of the governing board of the district, or in a 23 building owned by a Local Mass Transit District organized 24 under the Local Mass Transit District Act, subject to the 25 approval of the governing Board of the District, or in 26 Bicentennial Park, or on the premises of the City of Mendota 27 Lake Park located adjacent to Route 51 in Mendota, Illinois, 28 or on the premises of Camden Park in Milan, Illinois, or in 29 the community center owned by the City of Loves Park that is 30 located at 1000 River Park Drive in Loves Park, Illinois, or, 31 in connection with the operation of an established food 32 serving facility during times when food is dispensed for 33 consumption on the premises, and at the following aquarium 34 and museums located in public parks: Art Institute of SB719 Enrolled -22- LRB093 03034 LCB 03051 b 1 Chicago, Chicago Academy of Sciences, Chicago Historical 2 Society, Field Museum of Natural History, Museum of Science 3 and Industry, DuSable Museum of African American History, 4 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview 5 Museum of Arts and Sciences in Peoria, or in connection with 6 the operation of the facilities of the Chicago Zoological 7 Society or the Chicago Horticultural Society on land owned by 8 the Forest Preserve District of Cook County, or on any land 9 used for a golf course or for recreational purposes owned by 10 the Forest Preserve District of Cook County, subject to the 11 control of the Forest Preserve District Board of 12 Commissioners and applicable local law, provided that dram 13 shop liability insurance is provided at maximum coverage 14 limits so as to hold the District harmless from all financial 15 loss, damage, and harm, or in any building located on land 16 owned by the Chicago Park District if approved by the Park 17 District Commissioners, or on any land used for a golf course 18 or for recreational purposes and owned by the Illinois 19 International Port District if approved by the District's 20 governing board, or at any airport, golf course, faculty 21 center, or facility in which conference and convention type 22 activities take place belonging to or under control of any 23 State university or public community college district, 24 provided that with respect to a facility for conference and 25 convention type activities alcoholic liquors shall be limited 26 to the use of the convention or conference participants or 27 participants in cultural, political or educational activities 28 held in such facilities, and provided further that the 29 faculty or staff of the State university or a public 30 community college district, or members of an organization of 31 students, alumni, faculty or staff of the State university or 32 a public community college district are active participants 33 in the conference or convention, or in Memorial Stadium on 34 the campus of the University of Illinois at Urbana-Champaign SB719 Enrolled -23- LRB093 03034 LCB 03051 b 1 during games in which the Chicago Bears professional football 2 team is playing in that stadium during the renovation of 3 Soldier Field, not more than one and a half hours before the 4 start of the game and not after the end of the third quarter 5 of the game, or by a catering establishment which has rented 6 facilities from a board of trustees of a public community 7 college district, or, if approved by the District board, on 8 land owned by the Metropolitan Sanitary District of Greater 9 Chicago and leased to others for a term of at least 20 years. 10 Nothing in this Section precludes the sale or delivery of 11 alcoholic liquor in the form of original packaged goods in 12 premises located at 500 S. Racine in Chicago belonging to the 13 University of Illinois and used primarily as a grocery store 14 by a commercial tenant during the term of a lease that 15 predates the University's acquisition of the premises; but 16 the University shall have no power or authority to renew, 17 transfer, or extend the lease with terms allowing the sale of 18 alcoholic liquor; and the sale of alcoholic liquor shall be 19 subject to all local laws and regulations. After the 20 acquisition by Winnebago County of the property located at 21 404 Elm Street in Rockford, a commercial tenant who sold 22 alcoholic liquor at retail on a portion of the property under 23 a valid license at the time of the acquisition may continue 24 to do so for so long as the tenant and the County may agree 25 under existing or future leases, subject to all local laws 26 and regulations regarding the sale of alcoholic liquor. Each 27 facility shall provide dram shop liability in maximum 28 insurance coverage limits so as to save harmless the State, 29 municipality, State university, airport, golf course, faculty 30 center, facility in which conference and convention type 31 activities take place, park district, Forest Preserve 32 District, public community college district, aquarium, 33 museum, or sanitary district from all financial loss, damage 34 or harm. Alcoholic liquors may be sold at retail in buildings SB719 Enrolled -24- LRB093 03034 LCB 03051 b 1 of golf courses owned by municipalities in connection with 2 the operation of an established food serving facility during 3 times when food is dispensed for consumption upon the 4 premises. Alcoholic liquors may be delivered to and sold at 5 retail in any building owned by a fire protection district 6 organized under the Fire Protection District Act, provided 7 that such delivery and sale is approved by the board of 8 trustees of the district, and provided further that such 9 delivery and sale is limited to fundraising events and to a 10 maximum of 6 events per year. 11 Alcoholic liquor may be delivered to and sold at retail 12 in the Dorchester Senior Business Center owned by the Village 13 of Dolton if the alcoholic liquor is sold or dispensed only 14 in connection with organized functions for which the planned 15 attendance is 20 or more persons, and if the person or 16 facility selling or dispensing the alcoholic liquor has 17 provided dram shop liability insurance in maximum limits so 18 as to hold harmless the Village of Dolton and the State from 19 all financial loss, damage and harm. 20 Alcoholic liquors may be delivered to and sold at retail 21 in any building used as an Illinois State Armory provided: 22 (i) the Adjutant General's written consent to the 23 issuance of a license to sell alcoholic liquor in such 24 building is filed with the Commission; 25 (ii) the alcoholic liquor is sold or dispensed only 26 in connection with organized functions held on special 27 occasions; 28 (iii) the organized function is one for which the 29 planned attendance is 25 or more persons; and 30 (iv) the facility selling or dispensing the 31 alcoholic liquors has provided dram shop liability 32 insurance in maximum limits so as to save harmless the 33 facility and the State from all financial loss, damage or 34 harm. SB719 Enrolled -25- LRB093 03034 LCB 03051 b 1 Alcoholic liquors may be delivered to and sold at retail 2 in the Chicago Civic Center, provided that: 3 (i) the written consent of the Public Building 4 Commission which administers the Chicago Civic Center is 5 filed with the Commission; 6 (ii) the alcoholic liquor is sold or dispensed only 7 in connection with organized functions held on special 8 occasions; 9 (iii) the organized function is one for which the 10 planned attendance is 25 or more persons; 11 (iv) the facility selling or dispensing the 12 alcoholic liquors has provided dram shop liability 13 insurance in maximum limits so as to hold harmless the 14 Civic Center, the City of Chicago and the State from all 15 financial loss, damage or harm; and 16 (v) all applicable local ordinances are complied 17 with. 18 Alcoholic liquors may be delivered or sold in any 19 building belonging to or under the control of any city, 20 village or incorporated town where more than 75% of the 21 physical properties of the building is used for commercial or 22 recreational purposes, and the building is located upon a 23 pier extending into or over the waters of a navigable lake or 24 stream or on the shore of a navigable lake or stream. 25 Alcoholic liquor may be sold in buildings under the control 26 of the Department of Natural Resources when written consent 27 to the issuance of a license to sell alcoholic liquor in such 28 buildings is filed with the Commission by the Department of 29 Natural Resources. Notwithstanding any other provision of 30 this Act, alcoholic liquor sold by a United States Army Corps 31 of Engineers or Department of Natural Resources 32 concessionaire who was operating on June 1, 1991 for 33 on-premises consumption only is not subject to the provisions 34 of Articles IV and IX. Beer and wine may be sold on the SB719 Enrolled -26- LRB093 03034 LCB 03051 b 1 premises of the Joliet Park District Stadium owned by the 2 Joliet Park District when written consent to the issuance of 3 a license to sell beer and wine in such premises is filed 4 with the local liquor commissioner by the Joliet Park 5 District. Beer and wine may be sold in buildings on the 6 grounds of State veterans' homes when written consent to the 7 issuance of a license to sell beer and wine in such buildings 8 is filed with the Commission by the Department of Veterans' 9 Affairs, and the facility shall provide dram shop liability 10 in maximum insurance coverage limits so as to save the 11 facility harmless from all financial loss, damage or harm. 12 Such liquors may be delivered to and sold at any property 13 owned or held under lease by a Metropolitan Pier and 14 Exposition Authority or Metropolitan Exposition and 15 Auditorium Authority. 16 Beer and wine may be sold and dispensed at professional 17 sporting events and at professional concerts and other 18 entertainment events conducted on premises owned by the 19 Forest Preserve District of Kane County, subject to the 20 control of the District Commissioners and applicable local 21 law, provided that dram shop liability insurance is provided 22 at maximum coverage limits so as to hold the District 23 harmless from all financial loss, damage and harm. 24 Nothing in this Section shall preclude the sale or 25 delivery of beer and wine at a State or county fair or the 26 sale or delivery of beer or wine at a city fair in any 27 otherwise lawful manner. 28 Alcoholic liquors may be sold at retail in buildings in 29 State parks under the control of the Department of Natural 30 Resources, provided: 31 a. the State park has overnight lodging facilities 32 with some restaurant facilities or, not having overnight 33 lodging facilities, has restaurant facilities which serve 34 complete luncheon and dinner or supper meals, SB719 Enrolled -27- LRB093 03034 LCB 03051 b 1 b. consent to the issuance of a license to sell 2 alcoholic liquors in the buildings has been filed with 3 the commission by the Department of Natural Resources, 4 and 5 c. the alcoholic liquors are sold by the State park 6 lodge or restaurant concessionaire only during the hours 7 from 11 o'clock a.m. until 12 o'clock midnight. 8 Notwithstanding any other provision of this Act, 9 alcoholic liquor sold by the State park or restaurant 10 concessionaire is not subject to the provisions of 11 Articles IV and IX. 12 Alcoholic liquors may be sold at retail in buildings on 13 properties under the control of the Historic Sites and 14 Preservation Division of the Historic Preservation Agency or 15 the Abraham Lincoln Presidential Library and Museum provided: 16 a. the property has overnight lodging facilities 17 with some restaurant facilities or, not having overnight 18 lodging facilities, has restaurant facilities which serve 19 complete luncheon and dinner or supper meals, 20 b. consent to the issuance of a license to sell 21 alcoholic liquors in the buildings has been filed with 22 the commission by the Historic Sites and Preservation 23 Division of the Historic Preservation Agency or the 24 Abraham Lincoln Presidential Library and Museum, and 25 c. the alcoholic liquors are sold by the lodge or 26 restaurant concessionaire only during the hours from 11 27 o'clock a.m. until 12 o'clock midnight. 28 The sale of alcoholic liquors pursuant to this Section 29 does not authorize the establishment and operation of 30 facilities commonly called taverns, saloons, bars, cocktail 31 lounges, and the like except as a part of lodge and 32 restaurant facilities in State parks or golf courses owned by 33 Forest Preserve Districts with a population of less than 34 3,000,000 or municipalities or park districts. SB719 Enrolled -28- LRB093 03034 LCB 03051 b 1 Alcoholic liquors may be sold at retail in the 2 Springfield Administration Building of the Department of 3 Transportation and the Illinois State Armory in Springfield; 4 provided, that the controlling government authority may 5 consent to such sales only if 6 a. the request is from a not-for-profit 7 organization; 8 b. such sales would not impede normal operations of 9 the departments involved; 10 c. the not-for-profit organization provides dram 11 shop liability in maximum insurance coverage limits and 12 agrees to defend, save harmless and indemnify the State 13 of Illinois from all financial loss, damage or harm; 14 d. no such sale shall be made during normal working 15 hours of the State of Illinois; and 16 e. the consent is in writing. 17 Alcoholic liquors may be sold at retail in buildings in 18 recreational areas of river conservancy districts under the 19 control of, or leased from, the river conservancy districts. 20 Such sales are subject to reasonable local regulations as 21 provided in Article IV; however, no such regulations may 22 prohibit or substantially impair the sale of alcoholic 23 liquors on Sundays or Holidays. 24 Alcoholic liquors may be provided in long term care 25 facilities owned or operated by a county under Division 5-21 26 or 5-22 of the Counties Code, when approved by the facility 27 operator and not in conflict with the regulations of the 28 Illinois Department of Public Health, to residents of the 29 facility who have had their consumption of the alcoholic 30 liquors provided approved in writing by a physician licensed 31 to practice medicine in all its branches. 32 Alcoholic liquors may be delivered to and dispensed in 33 State housing assigned to employees of the Department of 34 Corrections. No person shall furnish or allow to be furnished SB719 Enrolled -29- LRB093 03034 LCB 03051 b 1 any alcoholic liquors to any prisoner confined in any jail, 2 reformatory, prison or house of correction except upon a 3 physician's prescription for medicinal purposes. 4 Alcoholic liquors may be sold at retail or dispensed at 5 the Willard Ice Building in Springfield, at the State Library 6 in Springfield, and at Illinois State Museum facilities by 7 (1) an agency of the State, whether legislative, judicial or 8 executive, provided that such agency first obtains written 9 permission to sell or dispense alcoholic liquors from the 10 controlling government authority, or by (2) a not-for-profit 11 organization, provided that such organization: 12 a. Obtains written consent from the controlling 13 government authority; 14 b. Sells or dispenses the alcoholic liquors in a 15 manner that does not impair normal operations of State 16 offices located in the building; 17 c. Sells or dispenses alcoholic liquors only in 18 connection with an official activity in the building; 19 d. Provides, or its catering service provides, dram 20 shop liability insurance in maximum coverage limits and 21 in which the carrier agrees to defend, save harmless and 22 indemnify the State of Illinois from all financial loss, 23 damage or harm arising out of the selling or dispensing 24 of alcoholic liquors. 25 Nothing in this Act shall prevent a not-for-profit 26 organization or agency of the State from employing the 27 services of a catering establishment for the selling or 28 dispensing of alcoholic liquors at authorized functions. 29 The controlling government authority for the Willard Ice 30 Building in Springfield shall be the Director of the 31 Department of Revenue. The controlling government authority 32 for Illinois State Museum facilities shall be the Director of 33 the Illinois State Museum. The controlling government 34 authority for the State Library in Springfield shall be the SB719 Enrolled -30- LRB093 03034 LCB 03051 b 1 Secretary of State. 2 Alcoholic liquors may be delivered to and sold at retail 3 or dispensed at any facility, property or building under the 4 jurisdiction of the Historic Sites and Preservation Division 5 of the Historic Preservation Agency or the Abraham Lincoln 6 Presidential Library and Museum where the delivery, sale or 7 dispensing is by (1) an agency of the State, whether 8 legislative, judicial or executive, provided that such agency 9 first obtains written permission to sell or dispense 10 alcoholic liquors from a controlling government authority, or 11 by (2) a not-for-profit organization provided that such 12 organization: 13 a. Obtains written consent from the controlling 14 government authority; 15 b. Sells or dispenses the alcoholic liquors in a 16 manner that does not impair normal workings of State 17 offices or operations located at the facility, property 18 or building; 19 c. Sells or dispenses alcoholic liquors only in 20 connection with an official activity of the 21 not-for-profit organization in the facility, property or 22 building; 23 d. Provides, or its catering service provides, dram 24 shop liability insurance in maximum coverage limits and 25 in which the carrier agrees to defend, save harmless and 26 indemnify the State of Illinois from all financial loss, 27 damage or harm arising out of the selling or dispensing 28 of alcoholic liquors. 29 The controlling government authority for the Historic 30 Sites and Preservation Division of the Historic Preservation 31 Agency shall be the Director of the Historic Sites and 32 Preservation, and the controlling government authority for 33 the Abraham Lincoln Presidential Library and Museum shall be 34 the Director of the Abraham Lincoln Presidential Library and SB719 Enrolled -31- LRB093 03034 LCB 03051 b 1 Museum. 2 Alcoholic liquors may be sold at retail or dispensed at 3 the James R. Thompson Center in Chicago, subject to the 4 provisions of Section 7.4 of the State Property Control Act, 5 and 222 South College Street in Springfield, Illinois by (1) 6 a commercial tenant or subtenant conducting business on the 7 premises under a lease or sublease made pursuant to Section 8 405-315 of the Department of Central Management Services Law 9 (20 ILCS 405/405-315), provided that such tenant or subtenant 10 who sells or dispenses alcoholic liquors shall procure and 11 maintain dram shop liability insurance in maximum coverage 12 limits and in which the carrier agrees to defend, indemnify 13 and save harmless the State of Illinois from all financial 14 loss, damage or harm arising out of the sale or dispensing of 15 alcoholic liquors, or by (2) an agency of the State, whether 16 legislative, judicial or executive, provided that such agency 17 first obtains written permission to sell or dispense 18 alcoholic liquors from the Director of Central Management 19 Services, or by (3) a not-for-profit organization, provided 20 that such organization: 21 a. Obtains written consent from the Department of 22 Central Management Services; 23 b. Sells or dispenses the alcoholic liquors in a 24 manner that does not impair normal operations of State 25 offices located in the building; 26 c. Sells or dispenses alcoholic liquors only in 27 connection with an official activity in the building; 28 d. Provides, or its catering service provides, dram 29 shop liability insurance in maximum coverage limits and 30 in which the carrier agrees to defend, save harmless and 31 indemnify the State of Illinois from all financial loss, 32 damage or harm arising out of the selling or dispensing 33 of alcoholic liquors. 34 Nothing in this Act shall prevent a not-for-profit SB719 Enrolled -32- LRB093 03034 LCB 03051 b 1 organization or agency of the State from employing the 2 services of a catering establishment for the selling or 3 dispensing of alcoholic liquors at functions authorized by 4 the Director of Central Management Services. 5 Alcoholic liquors may be sold or delivered at any 6 facility owned by the Illinois Sports Facilities Authority 7 provided that dram shop liability insurance has been made 8 available in a form, with such coverage and in such amounts 9 as the Authority reasonably determines is necessary. 10 Alcoholic liquors may be sold at retail or dispensed at 11 the Rockford State Office Building by (1) an agency of the 12 State, whether legislative, judicial or executive, provided 13 that such agency first obtains written permission to sell or 14 dispense alcoholic liquors from the Department of Central 15 Management Services, or by (2) a not-for-profit organization, 16 provided that such organization: 17 a. Obtains written consent from the Department of 18 Central Management Services; 19 b. Sells or dispenses the alcoholic liquors in a 20 manner that does not impair normal operations of State 21 offices located in the building; 22 c. Sells or dispenses alcoholic liquors only in 23 connection with an official activity in the building; 24 d. Provides, or its catering service provides, dram 25 shop liability insurance in maximum coverage limits and 26 in which the carrier agrees to defend, save harmless and 27 indemnify the State of Illinois from all financial loss, 28 damage or harm arising out of the selling or dispensing 29 of alcoholic liquors. 30 Nothing in this Act shall prevent a not-for-profit 31 organization or agency of the State from employing the 32 services of a catering establishment for the selling or 33 dispensing of alcoholic liquors at functions authorized by 34 the Department of Central Management Services. SB719 Enrolled -33- LRB093 03034 LCB 03051 b 1 Alcoholic liquors may be sold or delivered in a building 2 that is owned by McLean County, situated on land owned by the 3 county in the City of Bloomington, and used by the McLean 4 County Historical Society if the sale or delivery is approved 5 by an ordinance adopted by the county board, and the 6 municipality in which the building is located may not 7 prohibit that sale or delivery, notwithstanding any other 8 provision of this Section. The regulation of the sale and 9 delivery of alcoholic liquor in a building that is owned by 10 McLean County, situated on land owned by the county, and used 11 by the McLean County Historical Society as provided in this 12 paragraph is an exclusive power and function of the State and 13 is a denial and limitation under Article VII, Section 6, 14 subsection (h) of the Illinois Constitution of the power of a 15 home rule municipality to regulate that sale and delivery. 16 Alcoholic liquors may be sold or delivered in any 17 building situated on land held in trust for any school 18 district organized under Article 34 of the School Code, if 19 the building is not used for school purposes and if the sale 20 or delivery is approved by the board of education. 21 Alcoholic liquors may be sold or delivered in buildings 22 owned by the Community Building Complex Committee of Boone 23 County, Illinois if the person or facility selling or 24 dispensing the alcoholic liquor has provided dram shop 25 liability insurance with coverage and in amounts that the 26 Committee reasonably determines are necessary. 27 Alcoholic liquors may be sold or delivered in the 28 building located at 1200 Centerville Avenue in Belleville, 29 Illinois and occupied by either the Belleville Area Special 30 Education District or the Belleville Area Special Services 31 Cooperative. 32 (Source: P.A. 91-239, eff. 1-1-00; 91-922, eff. 7-7-00; 33 92-512, eff. 1-1-02; 92-583, eff. 6-26-02; 92-600, eff. 34 7-1-02; revised 9-3-02.) SB719 Enrolled -34- LRB093 03034 LCB 03051 b 1 Section 30. The Toll Highway Act is amended by changing 2 Section 8 as follows: 3 (605 ILCS 10/8) (from Ch. 121, par. 100-8) 4 Sec. 8. The Authority shall have the power: 5 (a) To acquire, own, use, hire, lease, operate and 6 dispose of personal property, real property (except with 7 respect to the headquarters building and surrounding land of 8 the Authority located at 2700 Ogden Avenue, Downers Grove, 9 Illinois, which may be sold or mortgaged only as provided in 10 Section 7.5 of the State Property Control Act to the extent 11 that such property is subject to the State Property Control 12 Act at the time of the proposed sale), any interest therein, 13 including rights-of-way, franchises and easements. 14 (b) To enter into all contracts and agreements necessary 15 or incidental to the performance of its powers under this 16 Act. All employment contracts let under this Act shall be in 17 conformity with the applicable provisions of "An Act 18 regulating wages of laborers, mechanics and other workers 19 employed under contracts for public works," approved June 26, 20 1941, as amended. 21 (c) To employ and discharge, without regard to the 22 requirements of any civil service or personnel act, such 23 administrative, engineering, traffic, architectural, 24 construction, and financial experts, and inspectors, and such 25 other employees, as are necessary in the Authority's judgment 26 to carry out the purposes of this Act; and to establish and 27 administer standards of classification of all of such persons 28 with respect to their compensation, duties, performance, and 29 tenure; and to enter into contracts of employment with such 30 persons for such periods and on such terms as the Authority 31 deems desirable. 32 (d) To appoint by and with the consent of the Attorney 33 General, assistant attorneys for such Authority, which said SB719 Enrolled -35- LRB093 03034 LCB 03051 b 1 assistant attorneys shall be under the control, direction and 2 supervision of the Attorney General and shall serve at his 3 pleasure. 4 (e) To retain special counsel, subject to the approval 5 of the Attorney General, as needed from time to time, and fix 6 their compensation, provided however, such special counsel 7 shall be subject to the control, direction and supervision of 8 the Attorney General and shall serve at his pleasure. 9 (f) To acquire, construct, relocate, operate, regulate 10 and maintain a system of toll highways through and within the 11 State of Illinois. However, the Authority does not have the 12 power to acquire, operate, regulate or maintain any system of 13 toll highways or toll bridges or portions of them (including 14 but not limited to any system organized pursuant to Division 15 108 of Article 11 of the Illinois Municipal Code) in the 16 event either of the following conditions exists at the time 17 the proposed acquisition, operation, regulation or 18 maintenance of such system is to become effective: 19 (1) the principal or interest on bonds or other 20 instruments evidencing indebtedness of the system are in 21 default; or 22 (2) the principal or interest on bonds or other 23 instruments evidencing indebtedness of the system have been 24 in default at any time during the 5 year period prior to the 25 proposed acquisition. 26 To facilitate such construction, operation and 27 maintenance and subject to the approval of the Division of 28 Highways of the Department of Transportation, the Authority 29 shall have the full use and advantage of the engineering 30 staff and facilities of the Department. 31 (Source: P.A. 83-1258.) 32 Section 90. The State Mandates Act is amended by adding 33 Section 8.27 as follows: SB719 Enrolled -36- LRB093 03034 LCB 03051 b 1 (30 ILCS 805/8.27 new) 2 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6 3 and 8 of this Act, no reimbursement by the State is required 4 for the implementation of any mandate created by this 5 amendatory Act of the 93rd General Assembly. 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.