Public Act 93-0019
SB719 Enrolled LRB093 03034 LCB 03051 b
AN ACT concerning conveyances.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended
by changing Section 405-315 as follows:
(20 ILCS 405/405-315) (was 20 ILCS 405/67.24)
Sec. 405-315. Management of State buildings; security
force; fees.
(a) To manage, operate, maintain, and preserve from
waste the State buildings listed below. The Department may
rent portions of these and other State buildings when in the
judgment of the Director those leases or subleases will be in
the best interests of the State. The leases or subleases
shall not exceed 5 years unless a greater term is
specifically authorized.
a. Peoria Regional Office Building
5415 North University
Peoria, Illinois 61614
b. Springfield Regional Office Building
4500 South 6th Street
Springfield, Illinois 62703
c. Champaign Regional Office Building
2125 South 1st Street
Champaign, Illinois 61820
d. Illinois State Armory Building
124 East Adams
Springfield, Illinois 62706
e. Marion Regional Office Building
2209 West Main Street
Marion, Illinois 62959
f. Kenneth Hall Regional State Office
Building
#10 Collinsville Avenue
East St. Louis, Illinois 62201
g. Rockford Regional Office Building
4402 North Main Street
P.O. Box 915
Rockford, Illinois 61105
h. State of Illinois Building
160 North LaSalle
Chicago, Illinois 60601
i. Office and Laboratory Building
2121 West Taylor Street
Chicago, Illinois 60602
j. Central Computer Facility
201 West Adams
Springfield, Illinois 62706
k. Elgin Office Building
595 South State Street
Elgin, Illinois 60120
l. James R. Thompson Center
Bounded by Lake, Clark, Randolph and
LaSalle Streets
Chicago, Illinois
m. The following buildings located within the Chicago
Medical Center District:
1. Lawndale Day Care Center
2929 West 19th Street
2. Edwards Center
2020 Roosevelt Road
3. Illinois Center for
Rehabilitation and Education
1950 West Roosevelt Road and 1151 South Wood Street
4. Department of Children and
Family Services District Office
1026 South Damen
5. The William Heally School
1731 West Taylor
6. Administrative Office Building
1100 South Paulina Street
7. Metro Children and Adolescents Center
1601 West Taylor Street
n. E.J. "Zeke" Giorgi Center
200 Wyman Street
Rockford, Illinois
o. Suburban North Facility
9511 Harrison
Des Plaines, Illinois
p. The following buildings located within the Revenue
Center in Springfield:
1. State Property Control Warehouse
11th & Ash
2. Illinois State Museum Research & Collections
Center
1011 East Ash Street
q. Effingham Regional Office Building
401 Industrial Drive
Effingham, Illinois
r. The Communications Center
120 West Jefferson
Springfield, Illinois
s. Portions or all of the basement and
ground floor of the
State of Illinois Building
160 North LaSalle
Chicago, Illinois 60601
may be leased or subleased to persons, firms, partnerships,
associations, or individuals for terms not to exceed 15 years
when in the judgment of the Director those leases or
subleases will be in the best interests of the State.
Portions or all of the commercial space, which includes
the sub-basement, storage mezzanine, concourse, and ground
and second floors of the
James R. Thompson Center
Bounded by Lake, Clark, Randolph and LaSalle Streets
Chicago, Illinois
may be leased or subleased to persons, firms, partnerships,
associations, or individuals for terms not to exceed 15 years
subject to renewals when in the judgment of the Director
those leases or subleases will be in the best interests of
the State.
The Director is authorized to rent portions of the above
described facilities to persons, firms, partnerships,
associations, or individuals for terms not to exceed 30 days
when those leases or subleases will not interfere with State
usage of the facility. This authority is meant to supplement
and shall not in any way be interpreted to restrict the
Director's ability to make portions of the State of Illinois
Building and the James R. Thompson Center available for
long-term commercial leases or subleases.
Provided however, that all rentals or fees charged to
persons, firms, partnerships, associations, or individuals
for any lease or use of space in the above described
facilities made for terms not to exceed 30 days in length
shall be deposited in a special fund in the State treasury to
be known as the Special Events Revolving Fund.
Notwithstanding the provisions above, the Department of
Children and Family Services and the Department of Human
Services (as successor to the Department of Rehabilitation
Services and the Department of Mental Health and
Developmental Disabilities) shall determine the allocation of
space for direct recipient care in their respective
facilities. The Department of Central Management Services
shall consult with the affected agency in the allocation and
lease of surplus space in these facilities. Potential lease
arrangements shall not endanger the direct recipient care
responsibilities in these facilities.
(b) To appoint, subject to the Personnel Code, persons
to be members of a police and security force. Members of the
security force shall be peace officers when performing duties
pursuant to this Section and as such shall have all of the
powers possessed by policemen in cities and sheriffs,
including the power to make arrests on view or issue
citations for violations of State statutes or city or county
ordinances, except that in counties of more than 1,000,000
population, any powers created by this subsection shall be
exercised only (i) when necessary to protect the property,
personnel, or interests of the Department or any State agency
for whom the Department manages, operates, or maintains
property or (ii) when specifically requested by appropriate
State or local law enforcement officials, and except that
within counties of 1,000,000 or less population, these powers
shall be exercised only when necessary to protect the
property, personnel, or interests of the State of Illinois
and only while on property managed, operated, or maintained
by the Department.
Nothing in this subsection shall be construed so as to
make it conflict with any provisions of, or rules promulgated
under, the Personnel Code.
(c) To charge reasonable fees to all State agencies
utilizing facilities operated by the Department for occupancy
related fees and charges. All fees collected under this
subsection shall be deposited in a special fund in the State
treasury known as the Facilities Management Revolving Fund.
As used in this subsection, the term "State agencies" means
all departments, officers, commissions, institutions, boards,
and bodies politic and corporate of the State.
(d) Provisions of this Section relating to the James R.
Thompson Center are subject to the provisions of Section 7.4
of the State Property Control Act.
(Source: P.A. 91-239, eff. 1-1-00; 92-302, eff. 8-9-01.)
Section 10. The State Finance Act is amended by changing
Section 25 as follows:
(30 ILCS 105/25) (from Ch. 127, par. 161)
Sec. 25. Fiscal year limitations.
(a) All appropriations shall be available for
expenditure for the fiscal year or for a lesser period if the
Act making that appropriation so specifies. A deficiency or
emergency appropriation shall be available for expenditure
only through June 30 of the year when the Act making that
appropriation is enacted unless that Act otherwise provides.
(b) Outstanding liabilities as of June 30, payable from
appropriations which have otherwise expired, may be paid out
of the expiring appropriations during the 2-month period
ending at the close of business on August 31. Any service
involving professional or artistic skills or any personal
services by an employee whose compensation is subject to
income tax withholding must be performed as of June 30 of the
fiscal year in order to be considered an "outstanding
liability as of June 30" that is thereby eligible for payment
out of the expiring appropriation.
However, payment of tuition reimbursement claims under
Section 14-7.03 or 18-3 of the School Code may be made by the
State Board of Education from its appropriations for those
respective purposes for any fiscal year, even though the
claims reimbursed by the payment may be claims attributable
to a prior fiscal year, and payments may be made at the
direction of the State Superintendent of Education from the
fund from which the appropriation is made without regard to
any fiscal year limitations.
Medical payments may be made by the Department of
Veterans' Affairs from its appropriations for those purposes
for any fiscal year, without regard to the fact that the
medical services being compensated for by such payment may
have been rendered in a prior fiscal year.
Medical payments may be made by the Department of Public
Aid and child care payments may be made by the Department of
Human Services (as successor to the Department of Public Aid)
from appropriations for those purposes for any fiscal year,
without regard to the fact that the medical or child care
services being compensated for by such payment may have been
rendered in a prior fiscal year; and payments may be made at
the direction of the Department of Central Management
Services from the Health Insurance Reserve Fund and the Local
Government Health Insurance Reserve Fund without regard to
any fiscal year limitations.
Additionally, payments may be made by the Department of
Human Services from its appropriations, or any other State
agency from its appropriations with the approval of the
Department of Human Services, from the Immigration Reform and
Control Fund for purposes authorized pursuant to the
Immigration Reform and Control Act of 1986, without regard to
any fiscal year limitations.
Further, with respect to costs incurred in fiscal years
2002 and 2003 only, payments may be made by the State
Treasurer from its appropriations from the Capital Litigation
Trust Fund without regard to any fiscal year limitations.
Lease payments may be made by the Department of Central
Management Services under the sale and leaseback provisions
of Section 7.4 of the State Property Control Act with respect
to the James R. Thompson Center and the Elgin Mental Health
Center and surrounding land from appropriations for that
purpose without regard to any fiscal year limitations.
Lease payments may be made under the sale and leaseback
provisions of Section 7.5 of the State Property Control Act
with respect to the Illinois State Toll Highway Authority
headquarters building and surrounding land without regard to
any fiscal year limitations.
(c) Further, payments may be made by the Department of
Public Health and the Department of Human Services (acting as
successor to the Department of Public Health under the
Department of Human Services Act) from their respective
appropriations for grants for medical care to or on behalf of
persons suffering from chronic renal disease, persons
suffering from hemophilia, rape victims, and premature and
high-mortality risk infants and their mothers and for grants
for supplemental food supplies provided under the United
States Department of Agriculture Women, Infants and Children
Nutrition Program, for any fiscal year without regard to the
fact that the services being compensated for by such payment
may have been rendered in a prior fiscal year.
(d) The Department of Public Health and the Department
of Human Services (acting as successor to the Department of
Public Health under the Department of Human Services Act)
shall each annually submit to the State Comptroller, Senate
President, Senate Minority Leader, Speaker of the House,
House Minority Leader, and the respective Chairmen and
Minority Spokesmen of the Appropriations Committees of the
Senate and the House, on or before December 31, a report of
fiscal year funds used to pay for services provided in any
prior fiscal year. This report shall document by program or
service category those expenditures from the most recently
completed fiscal year used to pay for services provided in
prior fiscal years.
(e) The Department of Public Aid and the Department of
Human Services (acting as successor to the Department of
Public Aid) shall each annually submit to the State
Comptroller, Senate President, Senate Minority Leader,
Speaker of the House, House Minority Leader, the respective
Chairmen and Minority Spokesmen of the Appropriations
Committees of the Senate and the House, on or before November
30, a report that shall document by program or service
category those expenditures from the most recently completed
fiscal year used to pay for (i) services provided in prior
fiscal years and (ii) services for which claims were received
in prior fiscal years.
(f) The Department of Human Services (as successor to
the Department of Public Aid) shall annually submit to the
State Comptroller, Senate President, Senate Minority Leader,
Speaker of the House, House Minority Leader, and the
respective Chairmen and Minority Spokesmen of the
Appropriations Committees of the Senate and the House, on or
before December 31, a report of fiscal year funds used to pay
for services (other than medical care) provided in any prior
fiscal year. This report shall document by program or
service category those expenditures from the most recently
completed fiscal year used to pay for services provided in
prior fiscal years.
(g) In addition, each annual report required to be
submitted by the Department of Public Aid under subsection
(e) shall include the following information with respect to
the State's Medicaid program:
(1) Explanations of the exact causes of the
variance between the previous year's estimated and actual
liabilities.
(2) Factors affecting the Department of Public
Aid's liabilities, including but not limited to numbers
of aid recipients, levels of medical service utilization
by aid recipients, and inflation in the cost of medical
services.
(3) The results of the Department's efforts to
combat fraud and abuse.
(h) As provided in Section 4 of the General Assembly
Compensation Act, any utility bill for service provided to a
General Assembly member's district office for a period
including portions of 2 consecutive fiscal years may be paid
from funds appropriated for such expenditure in either fiscal
year.
(i) An agency which administers a fund classified by the
Comptroller as an internal service fund may issue rules for:
(1) billing user agencies in advance based on
estimated charges for goods or services;
(2) issuing credits during the subsequent fiscal
year for all user agency payments received during the
prior fiscal year which were in excess of the final
amounts owed by the user agency for that period; and
(3) issuing catch-up billings to user agencies
during the subsequent fiscal year for amounts remaining
due when payments received from the user agency during
the prior fiscal year were less than the total amount
owed for that period.
User agencies are authorized to reimburse internal service
funds for catch-up billings by vouchers drawn against their
respective appropriations for the fiscal year in which the
catch-up billing was issued.
(Source: P.A. 92-885, eff. 1-13-03.)
Section 12. The Illinois Procurement Code is amended by
adding Sections 40-45 and 40-46 as follows:
(30 ILCS 500/40-45 new)
Sec. 40-45. Leases exempt from Article. A lease entered
into by the State under Section 7.4 of the State Property
Control Act is not subject to the provisions of this Article.
(30 ILCS 500/40-46 new)
Sec. 40-46. Leases exempt from Article. A lease entered
into under Section 7.5 of the State Property Control Act is
not subject to the provisions of this Article.
Section 15. The State Property Control Act is amended by
adding Sections 7.4 and 7.5 as follows:
(30 ILCS 605/7.4 new)
Sec. 7.4. James R. Thompson Center; Elgin Mental Health
Center.
(a) Notwithstanding any other provision of this Act or
any other law to the contrary, the administrator is
authorized under this Section to dispose of or mortgage (i)
the James R. Thompson Center located in Chicago, Illinois and
(ii) the Elgin Mental Health Center and surrounding land
located at 750 S. State Street, Elgin, Illinois in any of the
following ways:
(1) The administrator may sell the property as
provided in subsection (b).
(2) The administrator may sell the property as
provided in subsection (b), and the administrator may
immediately thereafter enter into a leaseback or other
agreement that directly or indirectly gives the State a
right to use, control, and possess the property.
Notwithstanding any other provision of law, a lease
entered into by the administrator under this subdivision
(a)(2) may last for any period not exceeding 99 years.
(3) The administrator may enter into a mortgage
agreement, using the property as collateral, to receive a
loan or a line of credit based on the equity available in
the property. Any loan obtained or line of credit
established under this subdivision (a)(3) must require
repayment in full in 20 years or less.
(b) The administrator shall obtain 3 appraisals of the
real property transferred under subdivision (a)(1) or (a)(2)
of this Section, one of which shall be performed by an
appraiser residing in the county in which the real property
is located. The average of these 3 appraisals, plus the costs
of obtaining the appraisals, shall represent the fair market
value of the real property. No property may be conveyed under
subdivision (a)(1) or (a)(2) of this Section by the
administrator for less than the fair market value. The
administrator may sell the real property by public auction
following notice of the sale by publication on 3 separate
days not less than 15 nor more than 30 days prior to the sale
in a daily newspaper having general circulation in the county
in which the real property is located. If no acceptable
offers for the real property are received, the administrator
may have new appraisals of the property made. The
administrator shall have all power necessary to convey real
property under subdivision (a)(1) or (a)(2) of this Section.
The administrator shall have authority to order such
surveys, abstracts of title, or commitments for title
insurance as may, in his or her reasonable discretion, be
deemed necessary to demonstrate to prospective purchasers,
bidders, or mortgagees good and marketable title in any
property offered for sale or mortgage under this Section.
Unless otherwise specifically authorized by the General
Assembly, all conveyances of property made by the
administrator under subdivision (a)(1) or (a)(2) of this
Section shall be by quit claim deed.
(c) All moneys received from the sale or mortgage of real
property under this Section shall be deposited into the
General Revenue Fund.
(d) The administrator is authorized to enter into any
agreements and execute any documents necessary to exercise
the authority granted by this Section.
(e) Any agreement to dispose of or mortgage (i) the James
R. Thompson Center located in Chicago, Illinois or (ii) the
Elgin Mental Health Center and surrounding land located at
750 S. State Street, Elgin, Illinois pursuant to the
authority granted by this Section must be entered into no
later than one year after the effective date of this
amendatory Act of the 93rd General Assembly.
(30 ILCS 605/7.5 new)
Sec. 7.5. Illinois State Toll Highway Authority
headquarters.
(a) Notwithstanding any other provision of this Act or
any other law to the contrary, the Illinois State Toll
Highway Authority, as set forth in items (1) through (3), is
authorized under this Section to dispose of or mortgage the
Illinois State Toll Highway Authority headquarters building
and surrounding land, located at 2700 Ogden Avenue, Downers
Grove, Illinois in any of the following ways:
(1) The Authority may sell the property as provided
in subsection (b).
(2) The Authority may sell the property as provided
in subsection (b) and may immediately thereafter enter
into a leaseback or other agreement that directly or
indirectly gives the State or the Authority a right to
use, control, and possess the property. Notwithstanding
any other provision of law, a lease entered into under
this subdivision (a)(2) may last for any period not
exceeding 99 years.
(3) The Authority may enter into a mortgage
agreement, using the property as collateral, to receive a
loan or a line of credit based on the equity available in
the property. Any loan obtained or line of credit
established under this subdivision (a)(3) must require
repayment in full in 20 years or less.
(b) The Illinois State Toll Highway Authority shall
obtain 3 appraisals of the real property transferred under
subdivision (a)(1) or (a)(2) of this Section, one of which
shall be performed by an appraiser residing in the county in
which the real property is located. The average of these 3
appraisals, plus the costs of obtaining the appraisals, shall
represent the fair market value of the real property. No
property may be conveyed under subdivision (a)(1) or (a)(2)
of this Section by the Authority for less than the fair
market value. The Authority may sell the real property by
public auction following notice of the sale by publication on
3 separate days not less than 15 nor more than 30 days prior
to the sale in a daily newspaper having general circulation
in the county in which the real property is located. If no
acceptable offers for the real property are received, the
Authority may have new appraisals of the property made. The
Authority shall have all power necessary to convey real
property under subdivision (a)(1) or (a)(2) of this Section.
The Illinois State Toll Highway Authority shall have
authority to order such surveys, abstracts of title, or
commitments for title insurance as may, in his or her
reasonable discretion, be deemed necessary to demonstrate to
prospective purchasers, bidders, or mortgagees good and
marketable title in any property offered for sale or mortgage
under this Section. Unless otherwise specifically authorized
by the General Assembly, all conveyances of property made by
the Authority under subdivision (a)(1) or (a)(2) of this
Section shall be by quit claim deed.
(c) All moneys received from the sale or mortgage of real
property under this Section shall be deposited into the
General Revenue Fund.
(d) The Authority is authorized to enter into any
agreements and execute any documents necessary to exercise
the authority granted by this Section.
(e) Any agreement to dispose of or mortgage the Illinois
State Toll Highway Authority headquarters building and
surrounding land located at 2700 Ogden Avenue, Downers Grove,
Illinois pursuant to the authority granted by this Section
must be entered into no later than one year after the
effective date of this amendatory Act of the 93rd General
Assembly.
(f) The provisions of this Section apply and control
notwithstanding any other provision of this Act or any other
law to the contrary.
Section 20. The Property Tax Code is amended by changing
Sections 9-195 and 15-55 and adding Section 15-185 as
follows:
(35 ILCS 200/9-195)
Sec. 9-195. Leasing of exempt property.
(a) Except as provided in Sections 15-35, 15-55, 15-60,
15-100, and 15-103, and 15-185, when property which is exempt
from taxation is leased to another whose property is not
exempt, and the leasing of which does not make the property
taxable, the leasehold estate and the appurtenances shall be
listed as the property of the lessee thereof, or his or her
assignee. Taxes on that property shall be collected in the
same manner as on property that is not exempt, and the lessee
shall be liable for those taxes. However, no tax lien shall
attach to the exempt real estate. The changes made by this
amendatory Act of 1997 and by this amendatory Act of the 91st
General Assembly are declaratory of existing law and shall
not be construed as a new enactment. The changes made by
Public Acts 88-221 and 88-420 that are incorporated into this
Section by this amendatory Act of 1993 are declarative of
existing law and are not a new enactment.
(b) The provisions of this Section regarding taxation of
leasehold interests in exempt property do not apply to any
leasehold interest created pursuant to any transaction
described in subsection (e) of Section 15-35, subsection
(c-5) of Section 15-60, subsection (b) of Section 15-100, or
Section 15-103, or Section 15-185.
(Source: P.A. 91-513, eff. 8-13-99; 92-844, eff. 8-23-02;
92-846, eff. 8-23-02.)
(35 ILCS 200/15-55)
Sec. 15-55. State property.
(a) All property belonging to the State of Illinois is
exempt. However, the State agency holding title shall file
the certificate of ownership and use required by Section
15-10, together with a copy of any written lease or
agreement, in effect on March 30 of the assessment year,
concerning parcels of 1 acre or more, or an explanation of
the terms of any oral agreement under which the property is
leased, subleased or rented.
The leased property shall be assessed to the lessee and
the taxes thereon extended and billed to the lessee, and
collected in the same manner as for property which is not
exempt. The lessee shall be liable for the taxes and no lien
shall attach to the property of the State.
For the purposes of this Section, the word "leases"
includes licenses, franchises, operating agreements and other
arrangements under which private individuals, associations or
corporations are granted the right to use property of the
Illinois State Toll Highway Authority and includes all
property of the Authority used by others without regard to
the size of the leased parcel.
(b) However, all property of every kind belonging to the
State of Illinois, which is or may hereafter be leased to the
Illinois Prairie Path Corporation, shall be exempt from all
assessments, taxation or collection, despite the making of
any such lease, if it is used for:
(1) (a) conservation, nature trail or any other
charitable, scientific, educational or recreational
purposes with public benefit, including the preserving
and aiding in the preservation of natural areas, objects,
flora, fauna or biotic communities;
(2) (b) the establishment of footpaths, trails and
other protected areas;
(3) (c) the conservation of the proper use of
natural resources or the promotion of the study of plant
and animal communities and of other phases of ecology,
natural history and conservation;
(4) (d) the promotion of education in the fields of
nature, preservation and conservation; or
(5) (e) similar public recreational activities
conducted by the Illinois Prairie Path Corporation.
No lien shall attach to the property of the State. No tax
liability shall become the obligation of or be enforceable
against Illinois Prairie Path Corporation.
(c) If the State sells the James R. Thompson Center or
the Elgin Mental Health Center and surrounding land located
at 750 S. State Street, Elgin, Illinois, as provided in
subdivision (a)(2) of Section 7.4 of the State Property
Control Act, to another entity whose property is not exempt
and immediately thereafter enters into a leaseback or other
agreement that directly or indirectly gives the State a right
to use, control, and possess the property, that portion of
the property leased and occupied exclusively by the State
shall remain exempt under this Section. For the property to
remain exempt under this subsection (c), the State must
retain an option to purchase the property at a future date
or, within the limitations period for reverters, the property
must revert back to the State.
If the property has been conveyed as described in this
subsection (c), the property is no longer exempt pursuant to
this Section as of the date when:
(1) the right of the State to use, control, and
possess the property has been terminated; or
(2) the State no longer has an option to purchase or
otherwise acquire the property and there is no provision
for a reverter of the property to the State within the
limitations period for reverters.
Pursuant to Sections 15-15 and 15-20 of this Code, the
State shall notify the chief county assessment officer of any
transaction under this subsection (c). The chief county
assessment officer shall determine initial and continuing
compliance with the requirements of this Section for tax
exemption. Failure to notify the chief county assessment
officer of a transaction under this subsection (c) or to
otherwise comply with the requirements of Sections 15-15 and
15-20 of this Code shall, in the discretion of the chief
county assessment officer, constitute cause to terminate the
exemption, notwithstanding any other provision of this Code.
(c-1) If the Illinois State Toll Highway Authority sells
the Illinois State Toll Highway Authority headquarters
building and surrounding land, located at 2700 Ogden Avenue,
Downers Grove, Illinois as provided in subdivision (a)(2) of
Section 7.5 of the State Property Control Act, to another
entity whose property is not exempt and immediately
thereafter enters into a leaseback or other agreement that
directly or indirectly gives the State or the Illinois State
Toll Highway Authority a right to use, control, and possess
the property, that portion of the property leased and
occupied exclusively by the State or the Authority shall
remain exempt under this Section. For the property to remain
exempt under this subsection (c), the Authority must retain
an option to purchase the property at a future date or,
within the limitations period for reverters, the property
must revert back to the Authority.
If the property has been conveyed as described in this
subsection (c), the property is no longer exempt pursuant to
this Section as of the date when:
(1) the right of the State or the Authority to use,
control, and possess the property has been terminated; or
(2) the Authority no longer has an option to
purchase or otherwise acquire the property and there is
no provision for a reverter of the property to the
Authority within the limitations period for reverters.
Pursuant to Sections 15-15 and 15-20 of this Code, the
Authority shall notify the chief county assessment officer of
any transaction under this subsection (c). The chief county
assessment officer shall determine initial and continuing
compliance with the requirements of this Section for tax
exemption. Failure to notify the chief county assessment
officer of a transaction under this subsection (c) or to
otherwise comply with the requirements of Sections 15-15 and
15-20 of this Code shall, in the discretion of the chief
county assessment officer, constitute cause to terminate the
exemption, notwithstanding any other provision of this Code.
(d) Public Act 81-1026 applies to all leases or
agreements entered into or renewed on or after September 24,
1979.
(Source: P.A. 86-413; 88-455.)
(35 ILCS 200/15-185 new)
Sec. 15-185. Leaseback exemption. Notwithstanding
anything in this Code to the contrary, all property owned by
a municipality with a population of over 500,000 inhabitants,
or a unit of local government whose jurisdiction includes
territory located in whole or in part within a municipality
with a population of over 500,000 inhabitants, shall remain
exempt from taxation and any leasehold interest in that
property shall not be subject to taxation under Section 9-195
if, for the purpose of obtaining financing, the property is
directly or indirectly leased, sold, or otherwise transferred
to another entity whose property is not exempt and
immediately thereafter is the subject of a leaseback or other
agreement that directly or indirectly gives the municipality
or unit of local government (i) a right to use, control, and
possess the property or (ii) a right to require the other
entity, or the other entity's designee or assignee, to use
the property in the performance of services for the
municipality or unit of local government. The property shall
no longer be exempt under this Section as of the date when
the right of the municipality or unit of local government to
use, control, and possess the property or to require the
performance of services is terminated and the municipality or
unit of local government no longer has any option to purchase
or otherwise reacquire the interest in the property which was
transferred by the municipality or unit of local government.
For purposes of this Section, "municipality" means a
municipality as defined in Section 1-1-2 of the Illinois
Municipal Code, and "unit of local government" means a unit
of local government as defined in Article VII, Section 1 of
the Constitution of the State of Illinois. The provisions of
this Section supersede and control over any conflicting
provisions of this Code.
Section 25. The Liquor Control Act of 1934 is amended by
changing Section 6-15 as follows:
(235 ILCS 5/6-15) (from Ch. 43, par. 130)
Sec. 6-15. No alcoholic liquors shall be sold or
delivered in any building belonging to or under the control
of the State or any political subdivision thereof except as
provided in this Act. The corporate authorities of any city,
village, incorporated town or township may provide by
ordinance, however, that alcoholic liquor may be sold or
delivered in any specifically designated building belonging
to or under the control of the municipality or township, or
in any building located on land under the control of the
municipality; provided that such township complies with all
applicable local ordinances in any incorporated area of the
township. Alcoholic liquors may be delivered to and sold at
any airport belonging to or under the control of a
municipality of more than 25,000 inhabitants, or in any
building or on any golf course owned by a park district
organized under the Park District Code, subject to the
approval of the governing board of the district, or in any
building or on any golf course owned by a forest preserve
district organized under the Downstate Forest Preserve
District Act, subject to the approval of the governing board
of the district, or on the grounds within 500 feet of any
building owned by a forest preserve district organized under
the Downstate Forest Preserve District Act during times when
food is dispensed for consumption within 500 feet of the
building from which the food is dispensed, subject to the
approval of the governing board of the district, or in a
building owned by a Local Mass Transit District organized
under the Local Mass Transit District Act, subject to the
approval of the governing Board of the District, or in
Bicentennial Park, or on the premises of the City of Mendota
Lake Park located adjacent to Route 51 in Mendota, Illinois,
or on the premises of Camden Park in Milan, Illinois, or in
the community center owned by the City of Loves Park that is
located at 1000 River Park Drive in Loves Park, Illinois, or,
in connection with the operation of an established food
serving facility during times when food is dispensed for
consumption on the premises, and at the following aquarium
and museums located in public parks: Art Institute of
Chicago, Chicago Academy of Sciences, Chicago Historical
Society, Field Museum of Natural History, Museum of Science
and Industry, DuSable Museum of African American History,
John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
Museum of Arts and Sciences in Peoria, or in connection with
the operation of the facilities of the Chicago Zoological
Society or the Chicago Horticultural Society on land owned by
the Forest Preserve District of Cook County, or on any land
used for a golf course or for recreational purposes owned by
the Forest Preserve District of Cook County, subject to the
control of the Forest Preserve District Board of
Commissioners and applicable local law, provided that dram
shop liability insurance is provided at maximum coverage
limits so as to hold the District harmless from all financial
loss, damage, and harm, or in any building located on land
owned by the Chicago Park District if approved by the Park
District Commissioners, or on any land used for a golf course
or for recreational purposes and owned by the Illinois
International Port District if approved by the District's
governing board, or at any airport, golf course, faculty
center, or facility in which conference and convention type
activities take place belonging to or under control of any
State university or public community college district,
provided that with respect to a facility for conference and
convention type activities alcoholic liquors shall be limited
to the use of the convention or conference participants or
participants in cultural, political or educational activities
held in such facilities, and provided further that the
faculty or staff of the State university or a public
community college district, or members of an organization of
students, alumni, faculty or staff of the State university or
a public community college district are active participants
in the conference or convention, or in Memorial Stadium on
the campus of the University of Illinois at Urbana-Champaign
during games in which the Chicago Bears professional football
team is playing in that stadium during the renovation of
Soldier Field, not more than one and a half hours before the
start of the game and not after the end of the third quarter
of the game, or by a catering establishment which has rented
facilities from a board of trustees of a public community
college district, or, if approved by the District board, on
land owned by the Metropolitan Sanitary District of Greater
Chicago and leased to others for a term of at least 20 years.
Nothing in this Section precludes the sale or delivery of
alcoholic liquor in the form of original packaged goods in
premises located at 500 S. Racine in Chicago belonging to the
University of Illinois and used primarily as a grocery store
by a commercial tenant during the term of a lease that
predates the University's acquisition of the premises; but
the University shall have no power or authority to renew,
transfer, or extend the lease with terms allowing the sale of
alcoholic liquor; and the sale of alcoholic liquor shall be
subject to all local laws and regulations. After the
acquisition by Winnebago County of the property located at
404 Elm Street in Rockford, a commercial tenant who sold
alcoholic liquor at retail on a portion of the property under
a valid license at the time of the acquisition may continue
to do so for so long as the tenant and the County may agree
under existing or future leases, subject to all local laws
and regulations regarding the sale of alcoholic liquor. Each
facility shall provide dram shop liability in maximum
insurance coverage limits so as to save harmless the State,
municipality, State university, airport, golf course, faculty
center, facility in which conference and convention type
activities take place, park district, Forest Preserve
District, public community college district, aquarium,
museum, or sanitary district from all financial loss, damage
or harm. Alcoholic liquors may be sold at retail in buildings
of golf courses owned by municipalities in connection with
the operation of an established food serving facility during
times when food is dispensed for consumption upon the
premises. Alcoholic liquors may be delivered to and sold at
retail in any building owned by a fire protection district
organized under the Fire Protection District Act, provided
that such delivery and sale is approved by the board of
trustees of the district, and provided further that such
delivery and sale is limited to fundraising events and to a
maximum of 6 events per year.
Alcoholic liquor may be delivered to and sold at retail
in the Dorchester Senior Business Center owned by the Village
of Dolton if the alcoholic liquor is sold or dispensed only
in connection with organized functions for which the planned
attendance is 20 or more persons, and if the person or
facility selling or dispensing the alcoholic liquor has
provided dram shop liability insurance in maximum limits so
as to hold harmless the Village of Dolton and the State from
all financial loss, damage and harm.
Alcoholic liquors may be delivered to and sold at retail
in any building used as an Illinois State Armory provided:
(i) the Adjutant General's written consent to the
issuance of a license to sell alcoholic liquor in such
building is filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only
in connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons; and
(iv) the facility selling or dispensing the
alcoholic liquors has provided dram shop liability
insurance in maximum limits so as to save harmless the
facility and the State from all financial loss, damage or
harm.
Alcoholic liquors may be delivered to and sold at retail
in the Chicago Civic Center, provided that:
(i) the written consent of the Public Building
Commission which administers the Chicago Civic Center is
filed with the Commission;
(ii) the alcoholic liquor is sold or dispensed only
in connection with organized functions held on special
occasions;
(iii) the organized function is one for which the
planned attendance is 25 or more persons;
(iv) the facility selling or dispensing the
alcoholic liquors has provided dram shop liability
insurance in maximum limits so as to hold harmless the
Civic Center, the City of Chicago and the State from all
financial loss, damage or harm; and
(v) all applicable local ordinances are complied
with.
Alcoholic liquors may be delivered or sold in any
building belonging to or under the control of any city,
village or incorporated town where more than 75% of the
physical properties of the building is used for commercial or
recreational purposes, and the building is located upon a
pier extending into or over the waters of a navigable lake or
stream or on the shore of a navigable lake or stream.
Alcoholic liquor may be sold in buildings under the control
of the Department of Natural Resources when written consent
to the issuance of a license to sell alcoholic liquor in such
buildings is filed with the Commission by the Department of
Natural Resources. Notwithstanding any other provision of
this Act, alcoholic liquor sold by a United States Army Corps
of Engineers or Department of Natural Resources
concessionaire who was operating on June 1, 1991 for
on-premises consumption only is not subject to the provisions
of Articles IV and IX. Beer and wine may be sold on the
premises of the Joliet Park District Stadium owned by the
Joliet Park District when written consent to the issuance of
a license to sell beer and wine in such premises is filed
with the local liquor commissioner by the Joliet Park
District. Beer and wine may be sold in buildings on the
grounds of State veterans' homes when written consent to the
issuance of a license to sell beer and wine in such buildings
is filed with the Commission by the Department of Veterans'
Affairs, and the facility shall provide dram shop liability
in maximum insurance coverage limits so as to save the
facility harmless from all financial loss, damage or harm.
Such liquors may be delivered to and sold at any property
owned or held under lease by a Metropolitan Pier and
Exposition Authority or Metropolitan Exposition and
Auditorium Authority.
Beer and wine may be sold and dispensed at professional
sporting events and at professional concerts and other
entertainment events conducted on premises owned by the
Forest Preserve District of Kane County, subject to the
control of the District Commissioners and applicable local
law, provided that dram shop liability insurance is provided
at maximum coverage limits so as to hold the District
harmless from all financial loss, damage and harm.
Nothing in this Section shall preclude the sale or
delivery of beer and wine at a State or county fair or the
sale or delivery of beer or wine at a city fair in any
otherwise lawful manner.
Alcoholic liquors may be sold at retail in buildings in
State parks under the control of the Department of Natural
Resources, provided:
a. the State park has overnight lodging facilities
with some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell
alcoholic liquors in the buildings has been filed with
the commission by the Department of Natural Resources,
and
c. the alcoholic liquors are sold by the State park
lodge or restaurant concessionaire only during the hours
from 11 o'clock a.m. until 12 o'clock midnight.
Notwithstanding any other provision of this Act,
alcoholic liquor sold by the State park or restaurant
concessionaire is not subject to the provisions of
Articles IV and IX.
Alcoholic liquors may be sold at retail in buildings on
properties under the control of the Historic Sites and
Preservation Division of the Historic Preservation Agency or
the Abraham Lincoln Presidential Library and Museum provided:
a. the property has overnight lodging facilities
with some restaurant facilities or, not having overnight
lodging facilities, has restaurant facilities which serve
complete luncheon and dinner or supper meals,
b. consent to the issuance of a license to sell
alcoholic liquors in the buildings has been filed with
the commission by the Historic Sites and Preservation
Division of the Historic Preservation Agency or the
Abraham Lincoln Presidential Library and Museum, and
c. the alcoholic liquors are sold by the lodge or
restaurant concessionaire only during the hours from 11
o'clock a.m. until 12 o'clock midnight.
The sale of alcoholic liquors pursuant to this Section
does not authorize the establishment and operation of
facilities commonly called taverns, saloons, bars, cocktail
lounges, and the like except as a part of lodge and
restaurant facilities in State parks or golf courses owned by
Forest Preserve Districts with a population of less than
3,000,000 or municipalities or park districts.
Alcoholic liquors may be sold at retail in the
Springfield Administration Building of the Department of
Transportation and the Illinois State Armory in Springfield;
provided, that the controlling government authority may
consent to such sales only if
a. the request is from a not-for-profit
organization;
b. such sales would not impede normal operations of
the departments involved;
c. the not-for-profit organization provides dram
shop liability in maximum insurance coverage limits and
agrees to defend, save harmless and indemnify the State
of Illinois from all financial loss, damage or harm;
d. no such sale shall be made during normal working
hours of the State of Illinois; and
e. the consent is in writing.
Alcoholic liquors may be sold at retail in buildings in
recreational areas of river conservancy districts under the
control of, or leased from, the river conservancy districts.
Such sales are subject to reasonable local regulations as
provided in Article IV; however, no such regulations may
prohibit or substantially impair the sale of alcoholic
liquors on Sundays or Holidays.
Alcoholic liquors may be provided in long term care
facilities owned or operated by a county under Division 5-21
or 5-22 of the Counties Code, when approved by the facility
operator and not in conflict with the regulations of the
Illinois Department of Public Health, to residents of the
facility who have had their consumption of the alcoholic
liquors provided approved in writing by a physician licensed
to practice medicine in all its branches.
Alcoholic liquors may be delivered to and dispensed in
State housing assigned to employees of the Department of
Corrections. No person shall furnish or allow to be furnished
any alcoholic liquors to any prisoner confined in any jail,
reformatory, prison or house of correction except upon a
physician's prescription for medicinal purposes.
Alcoholic liquors may be sold at retail or dispensed at
the Willard Ice Building in Springfield, at the State Library
in Springfield, and at Illinois State Museum facilities by
(1) an agency of the State, whether legislative, judicial or
executive, provided that such agency first obtains written
permission to sell or dispense alcoholic liquors from the
controlling government authority, or by (2) a not-for-profit
organization, provided that such organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at authorized functions.
The controlling government authority for the Willard Ice
Building in Springfield shall be the Director of the
Department of Revenue. The controlling government authority
for Illinois State Museum facilities shall be the Director of
the Illinois State Museum. The controlling government
authority for the State Library in Springfield shall be the
Secretary of State.
Alcoholic liquors may be delivered to and sold at retail
or dispensed at any facility, property or building under the
jurisdiction of the Historic Sites and Preservation Division
of the Historic Preservation Agency or the Abraham Lincoln
Presidential Library and Museum where the delivery, sale or
dispensing is by (1) an agency of the State, whether
legislative, judicial or executive, provided that such agency
first obtains written permission to sell or dispense
alcoholic liquors from a controlling government authority, or
by (2) a not-for-profit organization provided that such
organization:
a. Obtains written consent from the controlling
government authority;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal workings of State
offices or operations located at the facility, property
or building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity of the
not-for-profit organization in the facility, property or
building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
The controlling government authority for the Historic
Sites and Preservation Division of the Historic Preservation
Agency shall be the Director of the Historic Sites and
Preservation, and the controlling government authority for
the Abraham Lincoln Presidential Library and Museum shall be
the Director of the Abraham Lincoln Presidential Library and
Museum.
Alcoholic liquors may be sold at retail or dispensed at
the James R. Thompson Center in Chicago, subject to the
provisions of Section 7.4 of the State Property Control Act,
and 222 South College Street in Springfield, Illinois by (1)
a commercial tenant or subtenant conducting business on the
premises under a lease or sublease made pursuant to Section
405-315 of the Department of Central Management Services Law
(20 ILCS 405/405-315), provided that such tenant or subtenant
who sells or dispenses alcoholic liquors shall procure and
maintain dram shop liability insurance in maximum coverage
limits and in which the carrier agrees to defend, indemnify
and save harmless the State of Illinois from all financial
loss, damage or harm arising out of the sale or dispensing of
alcoholic liquors, or by (2) an agency of the State, whether
legislative, judicial or executive, provided that such agency
first obtains written permission to sell or dispense
alcoholic liquors from the Director of Central Management
Services, or by (3) a not-for-profit organization, provided
that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by
the Director of Central Management Services.
Alcoholic liquors may be sold or delivered at any
facility owned by the Illinois Sports Facilities Authority
provided that dram shop liability insurance has been made
available in a form, with such coverage and in such amounts
as the Authority reasonably determines is necessary.
Alcoholic liquors may be sold at retail or dispensed at
the Rockford State Office Building by (1) an agency of the
State, whether legislative, judicial or executive, provided
that such agency first obtains written permission to sell or
dispense alcoholic liquors from the Department of Central
Management Services, or by (2) a not-for-profit organization,
provided that such organization:
a. Obtains written consent from the Department of
Central Management Services;
b. Sells or dispenses the alcoholic liquors in a
manner that does not impair normal operations of State
offices located in the building;
c. Sells or dispenses alcoholic liquors only in
connection with an official activity in the building;
d. Provides, or its catering service provides, dram
shop liability insurance in maximum coverage limits and
in which the carrier agrees to defend, save harmless and
indemnify the State of Illinois from all financial loss,
damage or harm arising out of the selling or dispensing
of alcoholic liquors.
Nothing in this Act shall prevent a not-for-profit
organization or agency of the State from employing the
services of a catering establishment for the selling or
dispensing of alcoholic liquors at functions authorized by
the Department of Central Management Services.
Alcoholic liquors may be sold or delivered in a building
that is owned by McLean County, situated on land owned by the
county in the City of Bloomington, and used by the McLean
County Historical Society if the sale or delivery is approved
by an ordinance adopted by the county board, and the
municipality in which the building is located may not
prohibit that sale or delivery, notwithstanding any other
provision of this Section. The regulation of the sale and
delivery of alcoholic liquor in a building that is owned by
McLean County, situated on land owned by the county, and used
by the McLean County Historical Society as provided in this
paragraph is an exclusive power and function of the State and
is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution of the power of a
home rule municipality to regulate that sale and delivery.
Alcoholic liquors may be sold or delivered in any
building situated on land held in trust for any school
district organized under Article 34 of the School Code, if
the building is not used for school purposes and if the sale
or delivery is approved by the board of education.
Alcoholic liquors may be sold or delivered in buildings
owned by the Community Building Complex Committee of Boone
County, Illinois if the person or facility selling or
dispensing the alcoholic liquor has provided dram shop
liability insurance with coverage and in amounts that the
Committee reasonably determines are necessary.
Alcoholic liquors may be sold or delivered in the
building located at 1200 Centerville Avenue in Belleville,
Illinois and occupied by either the Belleville Area Special
Education District or the Belleville Area Special Services
Cooperative.
(Source: P.A. 91-239, eff. 1-1-00; 91-922, eff. 7-7-00;
92-512, eff. 1-1-02; 92-583, eff. 6-26-02; 92-600, eff.
7-1-02; revised 9-3-02.)
Section 30. The Toll Highway Act is amended by changing
Section 8 as follows:
(605 ILCS 10/8) (from Ch. 121, par. 100-8)
Sec. 8. The Authority shall have the power:
(a) To acquire, own, use, hire, lease, operate and
dispose of personal property, real property (except with
respect to the headquarters building and surrounding land of
the Authority located at 2700 Ogden Avenue, Downers Grove,
Illinois, which may be sold or mortgaged only as provided in
Section 7.5 of the State Property Control Act to the extent
that such property is subject to the State Property Control
Act at the time of the proposed sale), any interest therein,
including rights-of-way, franchises and easements.
(b) To enter into all contracts and agreements necessary
or incidental to the performance of its powers under this
Act. All employment contracts let under this Act shall be in
conformity with the applicable provisions of "An Act
regulating wages of laborers, mechanics and other workers
employed under contracts for public works," approved June 26,
1941, as amended.
(c) To employ and discharge, without regard to the
requirements of any civil service or personnel act, such
administrative, engineering, traffic, architectural,
construction, and financial experts, and inspectors, and such
other employees, as are necessary in the Authority's judgment
to carry out the purposes of this Act; and to establish and
administer standards of classification of all of such persons
with respect to their compensation, duties, performance, and
tenure; and to enter into contracts of employment with such
persons for such periods and on such terms as the Authority
deems desirable.
(d) To appoint by and with the consent of the Attorney
General, assistant attorneys for such Authority, which said
assistant attorneys shall be under the control, direction and
supervision of the Attorney General and shall serve at his
pleasure.
(e) To retain special counsel, subject to the approval
of the Attorney General, as needed from time to time, and fix
their compensation, provided however, such special counsel
shall be subject to the control, direction and supervision of
the Attorney General and shall serve at his pleasure.
(f) To acquire, construct, relocate, operate, regulate
and maintain a system of toll highways through and within the
State of Illinois. However, the Authority does not have the
power to acquire, operate, regulate or maintain any system of
toll highways or toll bridges or portions of them (including
but not limited to any system organized pursuant to Division
108 of Article 11 of the Illinois Municipal Code) in the
event either of the following conditions exists at the time
the proposed acquisition, operation, regulation or
maintenance of such system is to become effective:
(1) the principal or interest on bonds or other
instruments evidencing indebtedness of the system are in
default; or
(2) the principal or interest on bonds or other
instruments evidencing indebtedness of the system have been
in default at any time during the 5 year period prior to the
proposed acquisition.
To facilitate such construction, operation and
maintenance and subject to the approval of the Division of
Highways of the Department of Transportation, the Authority
shall have the full use and advantage of the engineering
staff and facilities of the Department.
(Source: P.A. 83-1258.)
Section 90. The State Mandates Act is amended by adding
Section 8.27 as follows:
(30 ILCS 805/8.27 new)
Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
and 8 of this Act, no reimbursement by the State is required
for the implementation of any mandate created by this
amendatory Act of the 93rd General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.