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92_SB1282ccr001
LRB9207816ACcdccr
1 92ND GENERAL ASSEMBLY
2 FIRST CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 1282
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House
10 Amendments Nos. 1 and 4 to Senate Bill 1282, recommend the
11 following:
12 (1) that the House recede from House Amendments Nos. 1
13 and 4; and
14 (2) that Senate Bill 1282 be amended by replacing the
15 title with the following:
16 "AN ACT concerning units of local government."; and
17 by replacing everything after the enacting clause with the
18 following:
19 "Section 5. The Election Code is amended by changing
20 Section 25-11 as follows:
21 (10 ILCS 5/25-11) (from Ch. 46, par. 25-11)
22 Sec. 25-11. When a vacancy occurs in any elective county
23 office, or in a county of less than 3,000,000 population in
24 the office of clerk of the circuit court, in a county which
25 is not a home rule unit, the county board or board of county
26 commissioners shall declare that such vacancy exists and
27 notification thereof shall be given to the county central
28 committee or the appropriate county board or board of county
29 commissioners district committee of each established
30 political party within 3 days of the occurrence of the
31 vacancy. The vacancy shall be filled within 60 days by
-2- LRB9207816ACcdccr
1 appointment of the chairman of the county board or board of
2 county commissioners with the advice and consent of the
3 county board or board of county commissioners. In counties in
4 which forest preserve district commissioners are elected by
5 districts and are not also members of the county board,
6 however, vacancies in the office of forest preserve district
7 commissioner shall be filled within 60 days by appointment of
8 the president of the forest preserve district board of
9 commissioners with the advice and consent of the forest
10 preserve district board of commissioners. In counties in
11 which the forest preserve district president is not also a
12 member the county board, vacancies in the office of forest
13 preserve district president shall be filled within 60 days by
14 the forest preserve district board of commissioners by
15 appointing one of the commissioners to serve as president.
16 The appointee shall be a member of the same political party
17 as the person he succeeds was at the time of his election and
18 shall be otherwise eligible to serve. The appointee shall
19 serve the remainder of the unexpired term. However, if more
20 than 28 months remain in the term, the appointment shall be
21 until the next general election at which time the vacated
22 office shall be filled by election for the remainder of the
23 term. In the case of a vacancy in a seat on a county board
24 or board of county commissioners which has been divided into
25 districts under Section 2-3003 or 2-4006.5 of the Counties
26 Code, the appointee must also be a resident of the county
27 board or county commission district. If a county commissioner
28 ceases to reside in the district that he or she represents, a
29 vacancy in that office exists.
30 Except as otherwise provided by county ordinance or by
31 law, in any county which is a home rule unit, vacancies in
32 elective county offices, other than the office of chief
33 executive officer, and vacancies in the office of clerk of
34 the circuit court in a county of less than 3,000,000
35 population, shall be filled by the county board or board of
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1 county commissioners.
2 (Source: P.A. 92-189, eff. 8-1-01.)
3 Section 10. The Downstate Forest Preserve District Act
4 is amended by changing Section 3c as follows:
5 (70 ILCS 805/3c)
6 Sec. 3c. Elected board of commissioners in certain
7 counties. If the boundaries of a district are co-extensive
8 with the boundaries of a county having a population of more
9 than 800,000 but less than 3,000,000, all commissioners of
10 the forest preserve district shall be elected from the same
11 districts as members of the county board beginning with the
12 general election held in 2002 and each succeeding general
13 election. One commissioner shall be elected from each
14 district. At their first meeting after their election in
15 2002 and following each subsequent decennial reapportionment
16 of the county under Division 2-3 of the Counties Code, the
17 elected commissioners shall publicly by lot divide themselves
18 into 2 groups, as equal in size as possible. Commissioners
19 from the first group shall serve for terms of 2, 4, and 4
20 years; and commissioners from the second group shall serve
21 terms of 4, 4, and 2 years. Commissioners elected under this
22 Section shall take office at the first meeting of
23 commissioners following an election of commissioners.
24 Beginning with the general election in 2002, the president of
25 the board of commissioners of the forest preserve district
26 shall be elected by the voters of the county, rather than by
27 the commissioners. The president shall be a resident of the
28 county and shall be elected throughout the county for a
29 4-year term without having been first elected as commissioner
30 of the forest preserve district. Each commissioner shall be a
31 resident of the county board district from which he or she
32 was elected not later than the date of the commencement of
33 the term of office. The term of office for the president and
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1 commissioners elected under this Section shall commence on
2 the first Monday of the month following the month of
3 election. Neither a commissioner nor the president of the
4 board of commissioners of that forest preserve district shall
5 serve simultaneously as member or chairman of the county
6 board. No person shall seek election to both the forest
7 preserve commission and the county board at the same
8 election. The compensation for the president shall be an
9 amount equal to 85% of the annual salary of the county board
10 chairman. The president, with the advice and consent of the
11 board of commissioners shall appoint a secretary, treasurer,
12 and such other officers as deemed necessary by the board of
13 commissioners, which officers need not be members of the
14 board of commissioners. The president shall have the powers
15 and duties as specified in Section 12 of this Act.
16 Candidates for president and commissioner shall be
17 candidates of established political parties.
18 If a vacancy in the office of president or commissioner
19 occurs, other than by expiration of the president's or a
20 commissioner's term, the forest preserve district board of
21 commissioners shall declare that a vacancy exists and
22 notification of the vacancy shall be given to the county
23 central committee of each established political party within
24 3 business days after the occurrence of the vacancy. If the
25 vacancy occurs in the office of forest preserve district
26 commissioner, the president of the board of commissioners
27 shall, within 60 days after the date of the vacancy, with the
28 advice and consent of other commissioners then serving,
29 appoint a person an individual to serve for the remainder of
30 the unexpired term. The appointee shall be affiliated with
31 the same political party as the commissioner in whose office
32 the vacancy occurred and be a resident of such district. If
33 a vacancy in the office of president occurs, other than by
34 expiration of the president's term, the remaining members of
35 the board of commissioners shall, within 60 days after the
-5- LRB9207816ACcdccr
1 vacancy, appoint one of the commissioners to serve as
2 president for the remainder of the unexpired term. In that
3 case, the office of the commissioner who is appointed to
4 serve as president shall be deemed vacant and shall be filled
5 within 60 days by appointment of the president with the
6 advice and consent of the other forest preserve district
7 commissioners. The commissioner who is appointed to fill a
8 vacancy in the office of president shall be affiliated with
9 the same political party as the person who occupied the
10 office of president prior to the vacancy. A person appointed
11 to fill a vacancy in the office of president or commissioner
12 shall establish his or her party affiliation by his or her
13 record of voting in primary elections or by holding or having
14 held an office in an established political party organization
15 before the appointment. If the appointee has not voted in a
16 party primary election or is not holding or has not held an
17 office in an established political party organization before
18 the appointment, the appointee shall establish his or her
19 political party affiliation by his or her record of
20 participating in an established political party's nomination
21 or election caucus. If, however, more than 28 months remain
22 in the unexpired term of a commissioner or the president, the
23 appointment shall be until the next general consolidated
24 election, at which time the vacated office of commissioner or
25 president shall be filled by election for the remainder of
26 the term. Notwithstanding any law to the contrary, if a
27 vacancy occurs after the last day provided in Section 7-12 of
28 the Election Code for filing nomination papers for the office
29 of president of a forest preserve district where that office
30 is elected as provided for in this Section, or as set forth
31 in Section 7-61 of the Election Code, a vacancy in nomination
32 shall be filled by the passage of a resolution by the
33 nominating committee of the affected political party within
34 the time periods specified in the Election Code. The
35 nominating committee shall consist of the chairman of the
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1 county central committee and the township chairmen of the
2 affected political party. All other vacancies in nomination
3 shall be filled in accordance with the provisions of the
4 Election Code.
5 The president and commissioners elected under this
6 Section may be reimbursed for their reasonable expenses
7 actually incurred in performing their official duties under
8 this Act in accordance with the provisions of Section 3a.
9 The reimbursement paid under this Section shall be paid by
10 the forest preserve district.
11 Compensation for forest preserve commissioners elected
12 under this Section shall be the same as that of county board
13 members of the county with which the forest preserve
14 district's boundaries are co-extensive.
15 (Source: P.A. 91-933, eff. 12-30-00.)
16 Section 15. The Liquor Control Act of 1934 is amended by
17 changing Section 6-15 as follows:
18 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
19 Sec. 6-15. No alcoholic liquors shall be sold or
20 delivered in any building belonging to or under the control
21 of the State or any political subdivision thereof except as
22 provided in this Act. The corporate authorities of any city,
23 village, incorporated town or township may provide by
24 ordinance, however, that alcoholic liquor may be sold or
25 delivered in any specifically designated building belonging
26 to or under the control of the municipality or township, or
27 in any building located on land under the control of the
28 municipality; provided that such township complies with all
29 applicable local ordinances in any incorporated area of the
30 township. Alcoholic liquors may be delivered to and sold at
31 any airport belonging to or under the control of a
32 municipality of more than 25,000 inhabitants, or in any
33 building or on any golf course owned by a park district
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1 organized under the Park District Code, subject to the
2 approval of the governing board of the district, or in any
3 building or on any golf course owned by a forest preserve
4 district organized under the Downstate Forest Preserve
5 District Act, subject to the approval of the governing board
6 of the district, or on the grounds within 500 feet of any
7 building owned by a forest preserve district organized under
8 the Downstate Forest Preserve District Act during times when
9 food is dispensed for consumption within 500 feet of the
10 building from which the food is dispensed, subject to the
11 approval of the governing board of the district, or in a
12 building owned by a Local Mass Transit District organized
13 under the Local Mass Transit District Act, subject to the
14 approval of the governing Board of the District, or in
15 Bicentennial Park, or on the premises of the City of Mendota
16 Lake Park located adjacent to Route 51 in Mendota, Illinois,
17 or on the premises of Camden Park in Milan, Illinois, or in
18 the community center owned by the City of Loves Park that is
19 located at 1000 River Park Drive in Loves Park, Illinois, or,
20 in connection with the operation of an established food
21 serving facility during times when food is dispensed for
22 consumption on the premises, and at the following aquarium
23 and museums located in public parks: Art Institute of
24 Chicago, Chicago Academy of Sciences, Chicago Historical
25 Society, Field Museum of Natural History, Museum of Science
26 and Industry, DuSable Museum of African American History,
27 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
28 Museum of Arts and Sciences in Peoria, or in connection with
29 the operation of the facilities of the Chicago Zoological
30 Society or the Chicago Horticultural Society on land owned by
31 the Forest Preserve District of Cook County, or on any land
32 used for a golf course or for recreational purposes owned by
33 the Forest Preserve District of Cook County, subject to the
34 control of the Forest Preserve District Board of
35 Commissioners and applicable local law, provided that dram
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1 shop liability insurance is provided at maximum coverage
2 limits so as to hold the District harmless from all financial
3 loss, damage, and harm, or in any building located on land
4 owned by the Chicago Park District if approved by the Park
5 District Commissioners, or on any land used for a golf course
6 or for recreational purposes and owned by the Illinois
7 International Port District if approved by the District's
8 governing board, or at any airport, golf course, faculty
9 center, or facility in which conference and convention type
10 activities take place belonging to or under control of any
11 State university or public community college district,
12 provided that with respect to a facility for conference and
13 convention type activities alcoholic liquors shall be limited
14 to the use of the convention or conference participants or
15 participants in cultural, political or educational activities
16 held in such facilities, and provided further that the
17 faculty or staff of the State university or a public
18 community college district, or members of an organization of
19 students, alumni, faculty or staff of the State university or
20 a public community college district are active participants
21 in the conference or convention, or in Memorial Stadium on
22 the campus of the University of Illinois at Urbana-Champaign
23 during games in which the Chicago Bears professional football
24 team is playing in that stadium during the renovation of
25 Soldier Field, not more than one and a half hours before the
26 start of the game and not after the end of the third quarter
27 of the game, or by a catering establishment which has rented
28 facilities from a board of trustees of a public community
29 college district, or, if approved by the District board, on
30 land owned by the Metropolitan Sanitary District of Greater
31 Chicago and leased to others for a term of at least 20 years.
32 Nothing in this Section precludes the sale or delivery of
33 alcoholic liquor in the form of original packaged goods in
34 premises located at 500 S. Racine in Chicago belonging to the
35 University of Illinois and used primarily as a grocery store
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1 by a commercial tenant during the term of a lease that
2 predates the University's acquisition of the premises; but
3 the University shall have no power or authority to renew,
4 transfer, or extend the lease with terms allowing the sale of
5 alcoholic liquor; and the sale of alcoholic liquor shall be
6 subject to all local laws and regulations. After the
7 acquisition by Winnebago County of the property located at
8 404 Elm Street in Rockford, a commercial tenant who sold
9 alcoholic liquor at retail on a portion of the property under
10 a valid license at the time of the acquisition may continue
11 to do so for so long as the tenant and the County may agree
12 under existing or future leases, subject to all local laws
13 and regulations regarding the sale of alcoholic liquor. Each
14 facility shall provide dram shop liability in maximum
15 insurance coverage limits so as to save harmless the State,
16 municipality, State university, airport, golf course, faculty
17 center, facility in which conference and convention type
18 activities take place, park district, Forest Preserve
19 District, public community college district, aquarium,
20 museum, or sanitary district from all financial loss, damage
21 or harm. Alcoholic liquors may be sold at retail in buildings
22 of golf courses owned by municipalities in connection with
23 the operation of an established food serving facility during
24 times when food is dispensed for consumption upon the
25 premises. Alcoholic liquors may be delivered to and sold at
26 retail in any building owned by a fire protection district
27 organized under the Fire Protection District Act, provided
28 that such delivery and sale is approved by the board of
29 trustees of the district, and provided further that such
30 delivery and sale is limited to fundraising events and to a
31 maximum of 6 events per year.
32 Alcoholic liquor may be delivered to and sold at retail
33 in the Dorchester Senior Business Center owned by the Village
34 of Dolton if the alcoholic liquor is sold or dispensed only
35 in connection with organized functions for which the planned
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1 attendance is 20 or more persons, and if the person or
2 facility selling or dispensing the alcoholic liquor has
3 provided dram shop liability insurance in maximum limits so
4 as to hold harmless the Village of Dolton and the State from
5 all financial loss, damage and harm.
6 Alcoholic liquors may be delivered to and sold at retail
7 in any building used as an Illinois State Armory provided:
8 (i) the Adjutant General's written consent to the
9 issuance of a license to sell alcoholic liquor in such
10 building is filed with the Commission;
11 (ii) the alcoholic liquor is sold or dispensed only
12 in connection with organized functions held on special
13 occasions;
14 (iii) the organized function is one for which the
15 planned attendance is 25 or more persons; and
16 (iv) the facility selling or dispensing the
17 alcoholic liquors has provided dram shop liability
18 insurance in maximum limits so as to save harmless the
19 facility and the State from all financial loss, damage or
20 harm.
21 Alcoholic liquors may be delivered to and sold at retail
22 in the Chicago Civic Center, provided that:
23 (i) the written consent of the Public Building
24 Commission which administers the Chicago Civic Center is
25 filed with the Commission;
26 (ii) the alcoholic liquor is sold or dispensed only
27 in connection with organized functions held on special
28 occasions;
29 (iii) the organized function is one for which the
30 planned attendance is 25 or more persons;
31 (iv) the facility selling or dispensing the
32 alcoholic liquors has provided dram shop liability
33 insurance in maximum limits so as to hold harmless the
34 Civic Center, the City of Chicago and the State from all
35 financial loss, damage or harm; and
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1 (v) all applicable local ordinances are complied
2 with.
3 Alcoholic liquors may be delivered or sold in any
4 building belonging to or under the control of any city,
5 village or incorporated town where more than 75% of the
6 physical properties of the building is used for commercial or
7 recreational purposes, and the building is located upon a
8 pier extending into or over the waters of a navigable lake or
9 stream or on the shore of a navigable lake or stream.
10 Alcoholic liquor may be sold in buildings under the control
11 of the Department of Natural Resources when written consent
12 to the issuance of a license to sell alcoholic liquor in such
13 buildings is filed with the Commission by the Department of
14 Natural Resources. Notwithstanding any other provision of
15 this Act, alcoholic liquor sold by a United States Army Corps
16 of Engineers or Department of Natural Resources
17 concessionaire who was operating on June 1, 1991 for
18 on-premises consumption only is not subject to the provisions
19 of Articles IV and IX. Beer and wine may be sold on the
20 premises of the Joliet Park District Stadium owned by the
21 Joliet Park District when written consent to the issuance of
22 a license to sell beer and wine in such premises is filed
23 with the local liquor commissioner by the Joliet Park
24 District. Beer and wine may be sold in buildings on the
25 grounds of State veterans' homes when written consent to the
26 issuance of a license to sell beer and wine in such buildings
27 is filed with the Commission by the Department of Veterans'
28 Affairs, and the facility shall provide dram shop liability
29 in maximum insurance coverage limits so as to save the
30 facility harmless from all financial loss, damage or harm.
31 Such liquors may be delivered to and sold at any property
32 owned or held under lease by a Metropolitan Pier and
33 Exposition Authority or Metropolitan Exposition and
34 Auditorium Authority.
35 Beer and wine may be sold and dispensed at professional
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1 sporting events and at professional concerts and other
2 entertainment events conducted on premises owned by the
3 Forest Preserve District of Kane County, subject to the
4 control of the District Commissioners and applicable local
5 law, provided that dram shop liability insurance is provided
6 at maximum coverage limits so as to hold the District
7 harmless from all financial loss, damage and harm.
8 Nothing in this Section shall preclude the sale or
9 delivery of beer and wine at a State or county fair or the
10 sale or delivery of beer or wine at a city fair in any
11 otherwise lawful manner.
12 Alcoholic liquors may be sold at retail in buildings in
13 State parks under the control of the Department of Natural
14 Resources, provided:
15 a. the State park has overnight lodging facilities
16 with some restaurant facilities or, not having overnight
17 lodging facilities, has restaurant facilities which serve
18 complete luncheon and dinner or supper meals,
19 b. consent to the issuance of a license to sell
20 alcoholic liquors in the buildings has been filed with
21 the commission by the Department of Natural Resources,
22 and
23 c. the alcoholic liquors are sold by the State park
24 lodge or restaurant concessionaire only during the hours
25 from 11 o'clock a.m. until 12 o'clock midnight.
26 Notwithstanding any other provision of this Act,
27 alcoholic liquor sold by the State park or restaurant
28 concessionaire is not subject to the provisions of
29 Articles IV and IX.
30 Alcoholic liquors may be sold at retail in buildings on
31 properties under the control of the Historic Preservation
32 Agency provided:
33 a. the property has overnight lodging facilities
34 with some restaurant facilities or, not having overnight
35 lodging facilities, has restaurant facilities which serve
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1 complete luncheon and dinner or supper meals,
2 b. consent to the issuance of a license to sell
3 alcoholic liquors in the buildings has been filed with
4 the commission by the Historic Preservation Agency, and
5 c. the alcoholic liquors are sold by the lodge or
6 restaurant concessionaire only during the hours from 11
7 o'clock a.m. until 12 o'clock midnight.
8 The sale of alcoholic liquors pursuant to this Section
9 does not authorize the establishment and operation of
10 facilities commonly called taverns, saloons, bars, cocktail
11 lounges, and the like except as a part of lodge and
12 restaurant facilities in State parks or golf courses owned by
13 Forest Preserve Districts with a population of less than
14 3,000,000 or municipalities or park districts.
15 Alcoholic liquors may be sold at retail in the
16 Springfield Administration Building of the Department of
17 Transportation and the Illinois State Armory in Springfield;
18 provided, that the controlling government authority may
19 consent to such sales only if
20 a. the request is from a not-for-profit
21 organization;
22 b. such sales would not impede normal operations of
23 the departments involved;
24 c. the not-for-profit organization provides dram
25 shop liability in maximum insurance coverage limits and
26 agrees to defend, save harmless and indemnify the State
27 of Illinois from all financial loss, damage or harm;
28 d. no such sale shall be made during normal working
29 hours of the State of Illinois; and
30 e. the consent is in writing.
31 Alcoholic liquors may be sold at retail in buildings in
32 recreational areas of river conservancy districts under the
33 control of, or leased from, the river conservancy districts.
34 Such sales are subject to reasonable local regulations as
35 provided in Article IV; however, no such regulations may
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1 prohibit or substantially impair the sale of alcoholic
2 liquors on Sundays or Holidays.
3 Alcoholic liquors may be provided in long term care
4 facilities owned or operated by a county under Division 5-21
5 or 5-22 of the Counties Code, when approved by the facility
6 operator and not in conflict with the regulations of the
7 Illinois Department of Public Health, to residents of the
8 facility who have had their consumption of the alcoholic
9 liquors provided approved in writing by a physician licensed
10 to practice medicine in all its branches.
11 Alcoholic liquors may be delivered to and dispensed in
12 State housing assigned to employees of the Department of
13 Corrections. No person shall furnish or allow to be furnished
14 any alcoholic liquors to any prisoner confined in any jail,
15 reformatory, prison or house of correction except upon a
16 physician's prescription for medicinal purposes.
17 Alcoholic liquors may be sold at retail or dispensed at
18 the Willard Ice Building in Springfield, at the State Library
19 in Springfield, and at Illinois State Museum facilities by
20 (1) an agency of the State, whether legislative, judicial or
21 executive, provided that such agency first obtains written
22 permission to sell or dispense alcoholic liquors from the
23 controlling government authority, or by (2) a not-for-profit
24 organization, provided that such organization:
25 a. Obtains written consent from the controlling
26 government authority;
27 b. Sells or dispenses the alcoholic liquors in a
28 manner that does not impair normal operations of State
29 offices located in the building;
30 c. Sells or dispenses alcoholic liquors only in
31 connection with an official activity in the building;
32 d. Provides, or its catering service provides, dram
33 shop liability insurance in maximum coverage limits and
34 in which the carrier agrees to defend, save harmless and
35 indemnify the State of Illinois from all financial loss,
-15- LRB9207816ACcdccr
1 damage or harm arising out of the selling or dispensing
2 of alcoholic liquors.
3 Nothing in this Act shall prevent a not-for-profit
4 organization or agency of the State from employing the
5 services of a catering establishment for the selling or
6 dispensing of alcoholic liquors at authorized functions.
7 The controlling government authority for the Willard Ice
8 Building in Springfield shall be the Director of the
9 Department of Revenue. The controlling government authority
10 for Illinois State Museum facilities shall be the Director of
11 the Illinois State Museum. The controlling government
12 authority for the State Library in Springfield shall be the
13 Secretary of State.
14 Alcoholic liquors may be delivered to and sold at retail
15 or dispensed at any facility, property or building under the
16 jurisdiction of the Historic Preservation Agency where the
17 delivery, sale or dispensing is by (1) an agency of the
18 State, whether legislative, judicial or executive, provided
19 that such agency first obtains written permission to sell or
20 dispense alcoholic liquors from a controlling government
21 authority, or by (2) a not-for-profit organization provided
22 that such organization:
23 a. Obtains written consent from the controlling
24 government authority;
25 b. Sells or dispenses the alcoholic liquors in a
26 manner that does not impair normal workings of State
27 offices or operations located at the facility, property
28 or building;
29 c. Sells or dispenses alcoholic liquors only in
30 connection with an official activity of the
31 not-for-profit organization in the facility, property or
32 building;
33 d. Provides, or its catering service provides, dram
34 shop liability insurance in maximum coverage limits and
35 in which the carrier agrees to defend, save harmless and
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1 indemnify the State of Illinois from all financial loss,
2 damage or harm arising out of the selling or dispensing
3 of alcoholic liquors.
4 The controlling government authority for the Historic
5 Preservation Agency shall be the Director of the Historic
6 Preservation Agency.
7 Alcoholic liquors may be sold at retail or dispensed at
8 the James R. Thompson Center in Chicago and 222 South College
9 Street in Springfield, Illinois by (1) a commercial tenant or
10 subtenant conducting business on the premises under a lease
11 made pursuant to Section 405-315 of the Department of Central
12 Management Services Law (20 ILCS 405/405-315), provided that
13 such tenant or subtenant who sells or dispenses alcoholic
14 liquors shall procure and maintain dram shop liability
15 insurance in maximum coverage limits and in which the carrier
16 agrees to defend, indemnify and save harmless the State of
17 Illinois from all financial loss, damage or harm arising out
18 of the sale or dispensing of alcoholic liquors, or by (2) an
19 agency of the State, whether legislative, judicial or
20 executive, provided that such agency first obtains written
21 permission to sell or dispense alcoholic liquors from the
22 Director of Central Management Services, or by (3) a
23 not-for-profit organization, provided that such organization:
24 a. Obtains written consent from the Department of
25 Central Management Services;
26 b. Sells or dispenses the alcoholic liquors in a
27 manner that does not impair normal operations of State
28 offices located in the building;
29 c. Sells or dispenses alcoholic liquors only in
30 connection with an official activity in the building;
31 d. Provides, or its catering service provides, dram
32 shop liability insurance in maximum coverage limits and
33 in which the carrier agrees to defend, save harmless and
34 indemnify the State of Illinois from all financial loss,
35 damage or harm arising out of the selling or dispensing
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1 of alcoholic liquors.
2 Nothing in this Act shall prevent a not-for-profit
3 organization or agency of the State from employing the
4 services of a catering establishment for the selling or
5 dispensing of alcoholic liquors at functions authorized by
6 the Director of Central Management Services.
7 Alcoholic liquors may be sold or delivered at any
8 facility owned by the Illinois Sports Facilities Authority
9 provided that dram shop liability insurance has been made
10 available in a form, with such coverage and in such amounts
11 as the Authority reasonably determines is necessary.
12 Alcoholic liquors may be sold at retail or dispensed at
13 the Rockford State Office Building by (1) an agency of the
14 State, whether legislative, judicial or executive, provided
15 that such agency first obtains written permission to sell or
16 dispense alcoholic liquors from the Department of Central
17 Management Services, or by (2) a not-for-profit organization,
18 provided that such organization:
19 a. Obtains written consent from the Department of
20 Central Management Services;
21 b. Sells or dispenses the alcoholic liquors in a
22 manner that does not impair normal operations of State
23 offices located in the building;
24 c. Sells or dispenses alcoholic liquors only in
25 connection with an official activity in the building;
26 d. Provides, or its catering service provides, dram
27 shop liability insurance in maximum coverage limits and
28 in which the carrier agrees to defend, save harmless and
29 indemnify the State of Illinois from all financial loss,
30 damage or harm arising out of the selling or dispensing
31 of alcoholic liquors.
32 Nothing in this Act shall prevent a not-for-profit
33 organization or agency of the State from employing the
34 services of a catering establishment for the selling or
35 dispensing of alcoholic liquors at functions authorized by
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1 the Department of Central Management Services.
2 Alcoholic liquors may be sold or delivered in a building
3 that is owned by McLean County, situated on land owned by the
4 county in the City of Bloomington, and used by the McLean
5 County Historical Society if the sale or delivery is approved
6 by an ordinance adopted by the county board, and the
7 municipality in which the building is located may not
8 prohibit that sale or delivery, notwithstanding any other
9 provision of this Section. The regulation of the sale and
10 delivery of alcoholic liquor in a building that is owned by
11 McLean County, situated on land owned by the county, and used
12 by the McLean County Historical Society as provided in this
13 paragraph is an exclusive power and function of the State and
14 is a denial and limitation under Article VII, Section 6,
15 subsection (h) of the Illinois Constitution of the power of a
16 home rule municipality to regulate that sale and delivery.
17 Alcoholic liquors may be sold or delivered in any
18 building situated on land held in trust for any school
19 district organized under Article 34 of the School Code, if
20 the building is not used for school purposes and if the sale
21 or delivery is approved by the board of education.
22 Alcoholic liquors may be sold or delivered in buildings
23 owned by the Community Building Complex Committee of Boone
24 County, Illinois if the person or facility selling or
25 dispensing the alcoholic liquor has provided dram shop
26 liability insurance with coverage and in amounts that the
27 Committee reasonably determines are necessary.
28 Alcoholic liquors may be sold or delivered in the
29 building located at 1200 Centerville Avenue in Belleville,
30 Illinois and occupied by either the Belleville Area Special
31 Education District or the Belleville Area Special Services
32 Cooperative.
33 (Source: P.A. 91-239, eff. 1-1-00; 91-922, eff. 7-7-00;
34 92-512, eff. 1-1-02.)
-19- LRB9207816ACcdccr
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.".
3 Submitted on June 2, 2002.
4 s/Sen. Peter Roskam s/Rep. Mary K. O'Brien
5 s/Sen. Kirk Dillard s/Rep. Daniel Burke
6 s/Sen. Walter Dudycz Rep. Barbara Flynn Currie
7 s/Sen. Larry Walsh Rep. Art Tenhouse
8 s/Sen. William Shaw s/Rep. Bob Biggins
9 Committee for the Senate Committee for the House