093_SB0719enr

 
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 1        AN ACT concerning conveyances.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Department of Central Management Services
 5    Law  of  the Civil Administrative Code of Illinois is amended
 6    by changing Section 405-315 as follows:

 7        (20 ILCS 405/405-315) (was 20 ILCS 405/67.24)
 8        Sec. 405-315.  Management of  State  buildings;  security
 9    force; fees.
10        (a)  To  manage,  operate,  maintain,  and  preserve from
11    waste the State buildings listed below.  The  Department  may
12    rent  portions of these and other State buildings when in the
13    judgment of the Director those leases or subleases will be in
14    the best interests of the State.   The  leases  or  subleases
15    shall   not   exceed   5  years  unless  a  greater  term  is
16    specifically authorized.
17        a.  Peoria Regional Office Building
18            5415 North University
19            Peoria, Illinois  61614
20        b.  Springfield Regional Office Building
21            4500 South 6th Street
22            Springfield, Illinois  62703
23        c.  Champaign Regional Office Building
24            2125 South 1st Street
25            Champaign, Illinois  61820
26        d.  Illinois State Armory Building
27            124 East Adams
28            Springfield, Illinois  62706
29        e.  Marion Regional Office Building
30            2209 West Main Street
31            Marion, Illinois  62959
 
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 1        f.  Kenneth Hall Regional State Office
 2            Building
 3            #10 Collinsville Avenue
 4            East St. Louis, Illinois  62201
 5        g.  Rockford Regional Office Building
 6            4402 North Main Street
 7            P.O. Box 915
 8            Rockford, Illinois  61105
 9        h.  State of Illinois Building
10            160 North LaSalle
11            Chicago, Illinois  60601
12        i.  Office and Laboratory Building
13            2121 West Taylor Street
14            Chicago, Illinois  60602
15        j.  Central Computer Facility
16            201 West Adams
17            Springfield, Illinois  62706
18        k.  Elgin Office Building
19            595 South State Street
20            Elgin, Illinois  60120
21        l.  James R. Thompson Center
22            Bounded by Lake, Clark, Randolph and
23            LaSalle Streets
24            Chicago, Illinois
25        m.  The following buildings located within the Chicago
26            Medical Center District:
27             1.  Lawndale Day Care Center
28            2929 West 19th Street
29             2.  Edwards Center
30            2020 Roosevelt Road
31             3.  Illinois Center for
32            Rehabilitation and Education
33            1950 West Roosevelt Road and 1151 South Wood Street
34             4.  Department of Children and
 
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 1            Family Services District Office
 2            1026 South Damen
 3             5.  The William Heally School
 4            1731 West Taylor
 5             6.  Administrative Office Building
 6            1100 South Paulina Street
 7             7.  Metro Children and Adolescents Center
 8            1601 West Taylor Street
 9        n.  E.J. "Zeke" Giorgi Center
10            200 Wyman Street
11            Rockford, Illinois
12        o.  Suburban North Facility
13            9511 Harrison
14            Des Plaines, Illinois
15        p.  The following buildings located within the Revenue
16            Center in Springfield:
17             1.  State Property Control Warehouse
18            11th & Ash
19             2.  Illinois State Museum Research & Collections
20            Center
21            1011 East Ash Street
22        q.  Effingham Regional Office Building
23            401 Industrial Drive
24            Effingham, Illinois
25        r.  The Communications Center
26            120 West Jefferson
27            Springfield, Illinois
28        s.  Portions or all of the basement and
29            ground floor of the
30            State of Illinois Building
31            160 North LaSalle
32            Chicago, Illinois 60601
33    may be leased or subleased to persons,  firms,  partnerships,
34    associations, or individuals for terms not to exceed 15 years
 
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 1    when  in  the  judgment  of  the  Director  those  leases  or
 2    subleases will be in the best interests of the State.
 3        Portions  or  all of the commercial space, which includes
 4    the sub-basement, storage mezzanine,  concourse,  and  ground
 5    and second floors of the
 6            James R. Thompson Center
 7            Bounded by Lake, Clark, Randolph and LaSalle Streets
 8            Chicago, Illinois
 9    may  be  leased or subleased to persons, firms, partnerships,
10    associations, or individuals for terms not to exceed 15 years
11    subject to renewals when in  the  judgment  of  the  Director
12    those  leases  or  subleases will be in the best interests of
13    the State.
14        The Director is authorized to rent portions of the  above
15    described   facilities   to   persons,  firms,  partnerships,
16    associations, or individuals for terms not to exceed 30  days
17    when  those leases or subleases will not interfere with State
18    usage of the facility. This authority is meant to  supplement
19    and  shall  not  in  any  way  be interpreted to restrict the
20    Director's ability to make portions of the State of  Illinois
21    Building  and  the  James  R.  Thompson  Center available for
22    long-term commercial leases or subleases.
23        Provided however, that all rentals  or  fees  charged  to
24    persons,  firms,  partnerships,  associations, or individuals
25    for any  lease  or  use  of  space  in  the  above  described
26    facilities  made  for  terms  not to exceed 30 days in length
27    shall be deposited in a special fund in the State treasury to
28    be known as the Special Events Revolving Fund.
29        Notwithstanding the provisions above, the  Department  of
30    Children  and  Family  Services  and  the Department of Human
31    Services (as successor to the  Department  of  Rehabilitation
32    Services   and   the   Department   of   Mental   Health  and
33    Developmental Disabilities) shall determine the allocation of
34    space  for  direct  recipient  care   in   their   respective
 
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 1    facilities.   The  Department  of Central Management Services
 2    shall consult with the affected agency in the allocation  and
 3    lease  of surplus space in these facilities.  Potential lease
 4    arrangements shall not endanger  the  direct  recipient  care
 5    responsibilities in these facilities.
 6        (b)  To  appoint,  subject to the Personnel Code, persons
 7    to be members of a police and security force.  Members of the
 8    security force shall be peace officers when performing duties
 9    pursuant to this Section and as such shall have  all  of  the
10    powers   possessed  by  policemen  in  cities  and  sheriffs,
11    including  the  power  to  make  arrests  on  view  or  issue
12    citations for violations of State statutes or city or  county
13    ordinances,  except  that  in counties of more than 1,000,000
14    population, any powers created by this  subsection  shall  be
15    exercised  only  (i)  when necessary to protect the property,
16    personnel, or interests of the Department or any State agency
17    for whom  the  Department  manages,  operates,  or  maintains
18    property  or  (ii) when specifically requested by appropriate
19    State or local law enforcement  officials,  and  except  that
20    within counties of 1,000,000 or less population, these powers
21    shall  be  exercised  only  when  necessary  to  protect  the
22    property,  personnel,  or  interests of the State of Illinois
23    and only while on property managed, operated,  or  maintained
24    by the Department.
25        Nothing  in  this  subsection shall be construed so as to
26    make it conflict with any provisions of, or rules promulgated
27    under, the Personnel Code.
28        (c)  To charge reasonable  fees  to  all  State  agencies
29    utilizing facilities operated by the Department for occupancy
30    related  fees  and  charges.  All  fees  collected under this
31    subsection shall be deposited in a special fund in the  State
32    treasury  known  as the Facilities Management Revolving Fund.
33    As used in this subsection, the term "State  agencies"  means
34    all departments, officers, commissions, institutions, boards,
 
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 1    and bodies politic and corporate of the State.
 2        (d)  Provisions  of this Section relating to the James R.
 3    Thompson Center are subject to the provisions of Section  7.4
 4    of the State Property Control Act.
 5    (Source: P.A. 91-239, eff. 1-1-00; 92-302, eff. 8-9-01.)

 6        Section 10.  The State Finance Act is amended by changing
 7    Section 25 as follows:

 8        (30 ILCS 105/25) (from Ch. 127, par. 161)
 9        Sec. 25.  Fiscal year limitations.
10        (a)  All    appropriations   shall   be   available   for
11    expenditure for the fiscal year or for a lesser period if the
12    Act making that appropriation so specifies.  A deficiency  or
13    emergency  appropriation  shall  be available for expenditure
14    only through June 30 of the year when  the  Act  making  that
15    appropriation is enacted unless that Act otherwise provides.
16        (b)  Outstanding  liabilities as of June 30, payable from
17    appropriations which have otherwise expired, may be paid  out
18    of  the  expiring  appropriations  during  the 2-month period
19    ending at the close of business on August  31.   Any  service
20    involving  professional  or  artistic  skills or any personal
21    services by an employee  whose  compensation  is  subject  to
22    income tax withholding must be performed as of June 30 of the
23    fiscal  year  in  order  to  be  considered  an  "outstanding
24    liability as of June 30" that is thereby eligible for payment
25    out of the expiring appropriation.
26        However,  payment  of  tuition reimbursement claims under
27    Section 14-7.03 or 18-3 of the School Code may be made by the
28    State Board of Education from its  appropriations  for  those
29    respective  purposes  for  any  fiscal  year, even though the
30    claims reimbursed by the payment may be  claims  attributable
31    to  a  prior  fiscal  year,  and  payments may be made at the
32    direction of the State Superintendent of Education  from  the
 
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 1    fund  from  which the appropriation is made without regard to
 2    any fiscal year limitations.
 3        Medical  payments  may  be  made  by  the  Department  of
 4    Veterans' Affairs from its appropriations for those  purposes
 5    for  any  fiscal  year,  without  regard to the fact that the
 6    medical services being compensated for by  such  payment  may
 7    have been rendered in a prior fiscal year.
 8        Medical  payments may be made by the Department of Public
 9    Aid and child care payments may be made by the Department  of
10    Human Services (as successor to the Department of Public Aid)
11    from  appropriations  for those purposes for any fiscal year,
12    without regard to the fact that the  medical  or  child  care
13    services  being compensated for by such payment may have been
14    rendered in a prior fiscal year; and payments may be made  at
15    the   direction  of  the  Department  of  Central  Management
16    Services from the Health Insurance Reserve Fund and the Local
17    Government Health Insurance Reserve Fund  without  regard  to
18    any fiscal year limitations.
19        Additionally,  payments  may be made by the Department of
20    Human Services from its appropriations, or  any  other  State
21    agency  from  its  appropriations  with  the  approval of the
22    Department of Human Services, from the Immigration Reform and
23    Control  Fund  for  purposes  authorized  pursuant   to   the
24    Immigration Reform and Control Act of 1986, without regard to
25    any fiscal year limitations.
26        Further,  with  respect to costs incurred in fiscal years
27    2002 and 2003  only,  payments  may  be  made  by  the  State
28    Treasurer from its appropriations from the Capital Litigation
29    Trust Fund without regard to any fiscal year limitations.
30        Lease  payments  may be made by the Department of Central
31    Management Services under the sale and  leaseback  provisions
32    of Section 7.4 of the State Property Control Act with respect
33    to  the  James R. Thompson Center and the Elgin Mental Health
34    Center and surrounding  land  from  appropriations  for  that
 
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 1    purpose without regard to any fiscal year limitations.
 2        Lease  payments  may be made under the sale and leaseback
 3    provisions of Section 7.5 of the State Property  Control  Act
 4    with  respect  to  the  Illinois State Toll Highway Authority
 5    headquarters building and surrounding land without regard  to
 6    any fiscal year limitations.
 7        (c)  Further,  payments  may be made by the Department of
 8    Public Health and the Department of Human Services (acting as
 9    successor to  the  Department  of  Public  Health  under  the
10    Department  of  Human  Services  Act)  from  their respective
11    appropriations for grants for medical care to or on behalf of
12    persons  suffering  from  chronic  renal   disease,   persons
13    suffering  from  hemophilia,  rape victims, and premature and
14    high-mortality risk infants and their mothers and for  grants
15    for  supplemental  food  supplies  provided  under the United
16    States Department of Agriculture Women, Infants and  Children
17    Nutrition  Program, for any fiscal year without regard to the
18    fact that the services being compensated for by such  payment
19    may have been rendered in a prior fiscal year.
20        (d)  The  Department  of Public Health and the Department
21    of Human Services (acting as successor to the  Department  of
22    Public  Health  under  the  Department of Human Services Act)
23    shall each annually submit to the State  Comptroller,  Senate
24    President,  Senate  Minority  Leader,  Speaker  of the House,
25    House  Minority  Leader,  and  the  respective  Chairmen  and
26    Minority Spokesmen of the Appropriations  Committees  of  the
27    Senate  and  the House, on or before December 31, a report of
28    fiscal year funds used to pay for services  provided  in  any
29    prior  fiscal year.  This report shall document by program or
30    service category those expenditures from  the  most  recently
31    completed  fiscal  year  used to pay for services provided in
32    prior fiscal years.
33        (e)  The Department of Public Aid and the  Department  of
34    Human  Services  (acting  as  successor  to the Department of
 
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 1    Public  Aid)  shall  each  annually  submit  to   the   State
 2    Comptroller,   Senate   President,  Senate  Minority  Leader,
 3    Speaker of the House, House Minority Leader,  the  respective
 4    Chairmen   and   Minority  Spokesmen  of  the  Appropriations
 5    Committees of the Senate and the House, on or before November
 6    30, a report  that  shall  document  by  program  or  service
 7    category  those expenditures from the most recently completed
 8    fiscal year used to pay for (i) services  provided  in  prior
 9    fiscal years and (ii) services for which claims were received
10    in prior fiscal years.
11        (f)  The  Department  of  Human Services (as successor to
12    the Department of Public Aid) shall annually  submit  to  the
13    State  Comptroller, Senate President, Senate Minority Leader,
14    Speaker  of  the  House,  House  Minority  Leader,  and   the
15    respective   Chairmen   and   Minority   Spokesmen   of   the
16    Appropriations  Committees of the Senate and the House, on or
17    before December 31, a report of fiscal year funds used to pay
18    for services (other than medical care) provided in any  prior
19    fiscal  year.   This  report  shall  document  by  program or
20    service category those expenditures from  the  most  recently
21    completed  fiscal  year  used to pay for services provided in
22    prior fiscal years.
23        (g)  In addition,  each  annual  report  required  to  be
24    submitted  by  the  Department of Public Aid under subsection
25    (e) shall include the following information with  respect  to
26    the State's Medicaid program:
27             (1)  Explanations   of   the  exact  causes  of  the
28        variance between the previous year's estimated and actual
29        liabilities.
30             (2)  Factors  affecting  the  Department  of  Public
31        Aid's liabilities, including but not limited  to  numbers
32        of  aid recipients, levels of medical service utilization
33        by aid recipients, and inflation in the cost  of  medical
34        services.
 
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 1             (3)  The  results  of  the  Department's  efforts to
 2        combat fraud and abuse.
 3        (h)  As provided in Section 4  of  the  General  Assembly
 4    Compensation  Act, any utility bill for service provided to a
 5    General  Assembly  member's  district  office  for  a  period
 6    including portions of 2 consecutive fiscal years may be  paid
 7    from funds appropriated for such expenditure in either fiscal
 8    year.
 9        (i)  An agency which administers a fund classified by the
10    Comptroller as an internal service fund may issue rules for:
11             (1)  billing  user  agencies  in  advance  based  on
12        estimated charges for goods or services;
13             (2)  issuing  credits  during  the subsequent fiscal
14        year for all user agency  payments  received  during  the
15        prior  fiscal  year  which  were  in  excess of the final
16        amounts owed by the user agency for that period; and
17             (3)  issuing  catch-up  billings  to  user  agencies
18        during the subsequent fiscal year for  amounts  remaining
19        due  when  payments  received from the user agency during
20        the prior fiscal year were less  than  the  total  amount
21        owed for that period.
22    User  agencies  are  authorized to reimburse internal service
23    funds for catch-up billings by vouchers drawn  against  their
24    respective  appropriations  for  the fiscal year in which the
25    catch-up billing was issued.
26    (Source: P.A. 92-885, eff. 1-13-03.)

27        Section 12.  The Illinois Procurement Code is amended  by
28    adding Sections 40-45 and 40-46 as follows:

29        (30 ILCS 500/40-45 new)
30        Sec. 40-45.  Leases exempt from Article.  A lease entered
31    into  by  the  State  under Section 7.4 of the State Property
32    Control Act is not subject to the provisions of this Article.
 
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 1        (30 ILCS 500/40-46 new)
 2        Sec. 40-46.  Leases exempt from Article.  A lease entered
 3    into under Section 7.5 of the State Property Control  Act  is
 4    not subject to the provisions of this Article.

 5        Section 15.  The State Property Control Act is amended by
 6    adding Sections 7.4 and 7.5 as follows:

 7        (30 ILCS 605/7.4 new)
 8        Sec.  7.4.  James R. Thompson Center; Elgin Mental Health
 9    Center.
10        (a)  Notwithstanding any other provision of this  Act  or
11    any   other   law  to  the  contrary,  the  administrator  is
12    authorized under this Section to dispose of or  mortgage  (i)
13    the James R. Thompson Center located in Chicago, Illinois and
14    (ii)  the  Elgin  Mental  Health  Center and surrounding land
15    located at 750 S. State Street, Elgin, Illinois in any of the
16    following ways:
17             (1) The  administrator  may  sell  the  property  as
18        provided in subsection (b).
19             (2)  The  administrator  may  sell  the  property as
20        provided in subsection (b),  and  the  administrator  may
21        immediately  thereafter  enter  into a leaseback or other
22        agreement that directly or indirectly gives the  State  a
23        right   to   use,  control,  and  possess  the  property.
24        Notwithstanding any  other  provision  of  law,  a  lease
25        entered  into by the administrator under this subdivision
26        (a)(2) may last for any period not exceeding 99 years.
27             (3) The administrator  may  enter  into  a  mortgage
28        agreement, using the property as collateral, to receive a
29        loan or a line of credit based on the equity available in
30        the  property.  Any  loan  obtained  or  line  of  credit
31        established  under  this  subdivision (a)(3) must require
32        repayment in full in 20 years or less.
 
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 1        (b) The administrator shall obtain 3  appraisals  of  the
 2    real  property transferred under subdivision (a)(1) or (a)(2)
 3    of this Section, one  of  which  shall  be  performed  by  an
 4    appraiser  residing  in the county in which the real property
 5    is located. The average of these 3 appraisals, plus the costs
 6    of obtaining the appraisals, shall represent the fair  market
 7    value of the real property. No property may be conveyed under
 8    subdivision   (a)(1)   or  (a)(2)  of  this  Section  by  the
 9    administrator for  less  than  the  fair  market  value.  The
10    administrator  may  sell  the real property by public auction
11    following notice of the sale by  publication  on  3  separate
12    days not less than 15 nor more than 30 days prior to the sale
13    in a daily newspaper having general circulation in the county
14    in  which  the  real  property  is located.  If no acceptable
15    offers for the real property are received, the  administrator
16    may   have   new   appraisals   of  the  property  made.  The
17    administrator shall have all power necessary to  convey  real
18    property under subdivision (a)(1) or (a)(2) of this Section.
19        The  administrator  shall  have  authority  to order such
20    surveys,  abstracts  of  title,  or  commitments  for   title
21    insurance  as  may,  in  his or her reasonable discretion, be
22    deemed necessary to demonstrate  to  prospective  purchasers,
23    bidders,  or  mortgagees  good  and  marketable  title in any
24    property offered for sale or  mortgage  under  this  Section.
25    Unless  otherwise  specifically  authorized  by  the  General
26    Assembly,   all   conveyances   of   property   made  by  the
27    administrator under subdivision  (a)(1)  or  (a)(2)  of  this
28    Section shall be by quit claim deed.
29        (c) All moneys received from the sale or mortgage of real
30    property  under  this  Section  shall  be  deposited into the
31    General Revenue Fund.
32        (d) The administrator is authorized  to  enter  into  any
33    agreements  and  execute  any documents necessary to exercise
34    the authority granted by this Section.
 
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 1        (e) Any agreement to dispose of or mortgage (i) the James
 2    R. Thompson Center located in Chicago, Illinois or  (ii)  the
 3    Elgin  Mental  Health  Center and surrounding land located at
 4    750  S.  State  Street,  Elgin,  Illinois  pursuant  to   the
 5    authority  granted  by  this  Section must be entered into no
 6    later  than  one  year  after  the  effective  date  of  this
 7    amendatory Act of the 93rd General Assembly.

 8        (30 ILCS 605/7.5 new)
 9        Sec.  7.5.  Illinois   State   Toll   Highway   Authority
10    headquarters.
11        (a)  Notwithstanding  any  other provision of this Act or
12    any other law  to  the  contrary,  the  Illinois  State  Toll
13    Highway  Authority, as set forth in items (1) through (3), is
14    authorized under this Section to dispose of or  mortgage  the
15    Illinois  State  Toll Highway Authority headquarters building
16    and surrounding land, located at 2700 Ogden  Avenue,  Downers
17    Grove, Illinois in any of the following ways:
18             (1)  The Authority may sell the property as provided
19        in subsection (b).
20             (2) The Authority may sell the property as  provided
21        in  subsection  (b)  and may immediately thereafter enter
22        into a leaseback or  other  agreement  that  directly  or
23        indirectly  gives  the  State or the Authority a right to
24        use, control, and possess the  property.  Notwithstanding
25        any  other  provision  of law, a lease entered into under
26        this subdivision (a)(2)  may  last  for  any  period  not
27        exceeding 99 years.
28             (3)   The   Authority  may  enter  into  a  mortgage
29        agreement, using the property as collateral, to receive a
30        loan or a line of credit based on the equity available in
31        the  property.  Any  loan  obtained  or  line  of  credit
32        established under this subdivision  (a)(3)  must  require
33        repayment in full in 20 years or less.
 
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 1        (b)  The  Illinois  State  Toll  Highway  Authority shall
 2    obtain 3 appraisals of the real  property  transferred  under
 3    subdivision  (a)(1)  or  (a)(2) of this Section, one of which
 4    shall be performed by an appraiser residing in the county  in
 5    which  the  real  property is located. The average of these 3
 6    appraisals, plus the costs of obtaining the appraisals, shall
 7    represent the fair market value  of  the  real  property.  No
 8    property  may  be conveyed under subdivision (a)(1) or (a)(2)
 9    of this Section by the  Authority  for  less  than  the  fair
10    market  value.  The  Authority  may sell the real property by
11    public auction following notice of the sale by publication on
12    3 separate days not less than 15 nor more than 30 days  prior
13    to  the  sale in a daily newspaper having general circulation
14    in the county in which the real property is located.   If  no
15    acceptable  offers  for  the  real property are received, the
16    Authority may have new appraisals of the property  made.  The
17    Authority  shall  have  all  power  necessary  to convey real
18    property under subdivision (a)(1) or (a)(2) of this Section.
19        The Illinois State  Toll  Highway  Authority  shall  have
20    authority  to  order  such  surveys,  abstracts  of title, or
21    commitments for  title  insurance  as  may,  in  his  or  her
22    reasonable  discretion, be deemed necessary to demonstrate to
23    prospective  purchasers,  bidders,  or  mortgagees  good  and
24    marketable title in any property offered for sale or mortgage
25    under this Section. Unless otherwise specifically  authorized
26    by  the General Assembly, all conveyances of property made by
27    the Authority under subdivision  (a)(1)  or  (a)(2)  of  this
28    Section shall be by quit claim deed.
29        (c) All moneys received from the sale or mortgage of real
30    property  under  this  Section  shall  be  deposited into the
31    General Revenue Fund.
32        (d)  The  Authority  is  authorized  to  enter  into  any
33    agreements and execute any documents  necessary  to  exercise
34    the authority granted by this Section.
 
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 1        (e)  Any agreement to dispose of or mortgage the Illinois
 2    State   Toll  Highway  Authority  headquarters  building  and
 3    surrounding land located at 2700 Ogden Avenue, Downers Grove,
 4    Illinois pursuant to the authority granted  by  this  Section
 5    must  be  entered  into  no  later  than  one  year after the
 6    effective date of this amendatory Act  of  the  93rd  General
 7    Assembly.
 8        (f)  The  provisions  of  this  Section apply and control
 9    notwithstanding any other provision of this Act or any  other
10    law to the contrary.

11        Section 20.  The Property Tax Code is amended by changing
12    Sections  9-195  and  15-55  and  adding  Section  15-185  as
13    follows:

14        (35 ILCS 200/9-195)
15        Sec. 9-195.  Leasing of exempt property.
16        (a)  Except  as provided in Sections 15-35, 15-55, 15-60,
17    15-100, and 15-103, and 15-185, when property which is exempt
18    from taxation is leased to  another  whose  property  is  not
19    exempt,  and  the leasing of which does not make the property
20    taxable, the leasehold estate and the appurtenances shall  be
21    listed  as  the property of the lessee thereof, or his or her
22    assignee. Taxes on that property shall be  collected  in  the
23    same manner as on property that is not exempt, and the lessee
24    shall  be liable for those taxes.  However, no tax lien shall
25    attach to the exempt real estate. The changes  made  by  this
26    amendatory Act of 1997 and by this amendatory Act of the 91st
27    General  Assembly  are  declaratory of existing law and shall
28    not be construed as a new enactment.   The  changes  made  by
29    Public Acts 88-221 and 88-420 that are incorporated into this
30    Section  by  this  amendatory  Act of 1993 are declarative of
31    existing law and are not a new enactment.
32        (b)  The provisions of this Section regarding taxation of
 
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, or
 5    Section 15-103, or Section 15-185.
 6    (Source: P.A. 91-513, eff.  8-13-99;  92-844,  eff.  8-23-02;
 7    92-846, eff. 8-23-02.)

 8        (35 ILCS 200/15-55)
 9        Sec. 15-55.  State property.
10        (a)  All  property  belonging to the State of Illinois is
11    exempt. However, the State agency holding  title  shall  file
12    the  certificate  of  ownership  and  use required by Section
13    15-10,  together  with  a  copy  of  any  written  lease   or
14    agreement,  in  effect  on  March  30 of the assessment year,
15    concerning parcels of 1 acre or more, or  an  explanation  of
16    the  terms  of any oral agreement under which the property is
17    leased, subleased or rented.
18        The leased property shall be assessed to the  lessee  and
19    the  taxes  thereon  extended  and  billed to the lessee, and
20    collected in the same manner as for  property  which  is  not
21    exempt.  The lessee shall be liable for the taxes and no lien
22    shall attach to the property of the State.
23        For the purposes  of  this  Section,  the  word  "leases"
24    includes licenses, franchises, operating agreements and other
25    arrangements under which private individuals, associations or
26    corporations  are  granted  the  right to use property of the
27    Illinois  State  Toll  Highway  Authority  and  includes  all
28    property of the Authority used by others  without  regard  to
29    the size of the leased parcel.
30        (b)  However, all property of every kind belonging to the
31    State of Illinois, which is or may hereafter be leased to the
32    Illinois  Prairie  Path Corporation, shall be exempt from all
33    assessments, taxation or collection, despite  the  making  of
 
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.