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92nd General Assembly

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Public Act 92-0583

SB1282 Enrolled                                LRB9207816LDpr

    AN ACT concerning units of local government.

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

    Section  5.   The  Election  Code  is amended by changing
Section 25-11 as follows:

    (10 ILCS 5/25-11) (from Ch. 46, par. 25-11)
    Sec. 25-11.  When a vacancy occurs in any elective county
office, or in a county of less than 3,000,000  population  in
the  office  of clerk of the circuit court, in a county which
is not a home rule unit, the county board or board of  county
commissioners  shall  declare  that  such  vacancy exists and
notification thereof shall be given  to  the  county  central
committee  or the appropriate county board or board of county
commissioners  district   committee   of   each   established
political  party  within  3  days  of  the  occurrence of the
vacancy.  The vacancy shall  be  filled  within  60  days  by
appointment  of  the chairman of the county board or board of
county commissioners with  the  advice  and  consent  of  the
county board or board of county commissioners. In counties in
which  forest  preserve district commissioners are elected by
districts and are not  also  members  of  the  county  board,
however,  vacancies in the office of forest preserve district
commissioner shall be filled within 60 days by appointment of
the president  of  the  forest  preserve  district  board  of
commissioners  with  the  advice  and  consent  of the forest
preserve district board  of  commissioners.  In  counties  in
which  the  forest  preserve district president is not also a
member of the county board, vacancies in the office of forest
preserve district president shall be filled within 60 days by
the  forest  preserve  district  board  of  commissioners  by
appointing one of the commissioners to  serve  as  president.
The  appointee  shall be a member of the same political party
as the person he succeeds was at the time of his election and
shall be otherwise eligible to  serve.  The  appointee  shall
serve  the remainder of the unexpired term.  However, if more
than 28 months remain in the term, the appointment  shall  be
until  the  next  general  election at which time the vacated
office shall be filled by election for the remainder  of  the
term.   In  the case of a vacancy in a seat on a county board
or board of county commissioners which has been divided  into
districts  under  Section  2-3003 or 2-4006.5 of the Counties
Code, the appointee must also be a  resident  of  the  county
board or county commission district. If a county commissioner
ceases to reside in the district that he or she represents, a
vacancy in that office exists.
    Except  as  otherwise  provided by county ordinance or by
law, in any county which is a home rule  unit,  vacancies  in
elective  county  offices,  other  than  the  office of chief
executive officer, and vacancies in the office  of  clerk  of
the  circuit  court  in  a  county  of  less  than  3,000,000
population,  shall  be filled by the county board or board of
county commissioners.
(Source: P.A. 92-189, eff. 8-1-01.)

    Section 10.  The Downstate Forest Preserve  District  Act
is amended by changing Section 3c as follows:

    (70 ILCS 805/3c)
    Sec.  3c.  Elected  board  of  commissioners  in  certain
counties.  If  the  boundaries of a district are co-extensive
with the boundaries of a county having a population  of  more
than  800,000  but  less than 3,000,000, all commissioners of
the forest preserve district shall be elected from  the  same
districts  as  members of the county board beginning with the
general election held in 2002  and  each  succeeding  general
election.   One  commissioner  shall  be  elected  from  each
district.   At  their  first  meeting after their election in
2002 and following each subsequent decennial  reapportionment
of  the  county  under Division 2-3 of the Counties Code, the
elected commissioners shall publicly by lot divide themselves
into 2 groups, as equal in size as  possible.   Commissioners
from  the  first  group  shall serve for terms of 2, 4, and 4
years; and commissioners from the second  group  shall  serve
terms of 4, 4, and 2 years.  Commissioners elected under this
Section   shall   take   office   at  the  first  meeting  of
commissioners  following  an   election   of   commissioners.
Beginning with the general election in 2002, the president of
the  board  of  commissioners of the forest preserve district
shall be elected by the voters of the county, rather than  by
the  commissioners.  The president shall be a resident of the
county and shall be  elected  throughout  the  county  for  a
4-year term without having been first elected as commissioner
of the forest preserve district. Each commissioner shall be a
resident  of  the  county board district from which he or she
was elected not later than the date of  the  commencement  of
the term of office.  The term of office for the president and
commissioners  elected  under  this Section shall commence on
the  first  Monday  of  the  month  following  the  month  of
election. Neither a commissioner nor  the  president  of  the
board of commissioners of that forest preserve district shall
serve  simultaneously  as  member  or  chairman of the county
board.  No person shall seek  election  to  both  the  forest
preserve   commission  and  the  county  board  at  the  same
election.  The compensation for the  president  shall  be  an
amount  equal to 85% of the annual salary of the county board
chairman. The president, with the advice and consent  of  the
board  of commissioners shall appoint a secretary, treasurer,
and such other officers as deemed necessary by the  board  of
commissioners,  which  officers  need  not  be members of the
board of commissioners.  The president shall have the  powers
and duties as specified in Section 12 of this Act.
    Candidates   for  president  and  commissioner  shall  be
candidates of established political parties.
    If a vacancy in the office of president  or  commissioner
occurs,  other  than  by  expiration  of the president's or a
commissioner's term, the forest preserve  district  board  of
commissioners   shall  declare  that  a  vacancy  exists  and
notification of the vacancy shall  be  given  to  the  county
central  committee of each established political party within
3 business days after the occurrence of the vacancy.  If  the
vacancy  occurs  in  the  office  of forest preserve district
commissioner, the president of  the  board  of  commissioners
shall, within 60 days after the date of the vacancy, with the
advice  and  consent  of  other  commissioners  then serving,
appoint a person an individual to serve for the remainder  of
the  unexpired  term.  The appointee shall be affiliated with
the same political party as the commissioner in whose  office
the  vacancy occurred and be a resident of such district.  If
a vacancy in the office of president occurs,  other  than  by
expiration  of the president's term, the remaining members of
the board of commissioners shall, within 60  days  after  the
vacancy,  appoint  one  of  the  commissioners  to  serve  as
president  for  the  remainder of the unexpired term. In that
case, the office of the  commissioner  who  is  appointed  to
serve as president shall be deemed vacant and shall be filled
within  60  days  by  appointment  of  the president with the
advice and consent of  the  other  forest  preserve  district
commissioners.   The  commissioner who is appointed to fill a
vacancy in the office of president shall be  affiliated  with
the  same  political  party  as  the  person who occupied the
office of president prior to the vacancy.  A person appointed
to fill a vacancy in the office of president or  commissioner
shall  establish  his  or her party affiliation by his or her
record of voting in primary elections or by holding or having
held an office in an established political party organization
before the appointment.  If the appointee has not voted in  a
party  primary  election or is not holding or has not held an
office in an established political party organization  before
the  appointment,  the  appointee  shall establish his or her
political  party  affiliation  by  his  or  her   record   of
participating  in an established political party's nomination
or election caucus. If, however, more than 28  months  remain
in the unexpired term of a commissioner or the president, the
appointment  shall  be  until  the  next general consolidated
election, at which time the vacated office of commissioner or
president shall be filled by election for  the  remainder  of
the  term.  Notwithstanding  any  law  to  the contrary, if a
vacancy occurs after the last day provided in Section 7-12 of
the Election Code for filing nomination papers for the office
of president of a forest preserve district where that  office
is  elected  as provided for in this Section, or as set forth
in Section 7-61 of the Election Code, a vacancy in nomination
shall be filled  by  the  passage  of  a  resolution  by  the
nominating  committee  of the affected political party within
the  time  periods  specified  in  the  Election  Code.   The
nominating committee shall consist of  the  chairman  of  the
county  central  committee  and  the township chairmen of the
affected political party.  All other vacancies in  nomination
shall  be  filled  in  accordance  with the provisions of the
Election Code.
    The  president  and  commissioners  elected  under   this
Section  may  be  reimbursed  for  their  reasonable expenses
actually incurred in performing their official  duties  under
this  Act  in  accordance  with the provisions of Section 3a.
The reimbursement paid under this Section shall  be  paid  by
the forest preserve district.
    Compensation  for  forest  preserve commissioners elected
under this Section shall be the same as that of county  board
members   of  the  county  with  which  the  forest  preserve
district's boundaries are co-extensive.
(Source: P.A. 91-933, eff. 12-30-00.)

    Section 15.  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 Preservation
Agency 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 Preservation Agency, 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 Preservation  Agency  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
Preservation Agency shall be the  Director  of  the  Historic
Preservation Agency.
    Alcoholic  liquors  may be sold at retail or dispensed at
the James R. Thompson Center in Chicago and 222 South College
Street in Springfield, Illinois by (1) a commercial tenant or
subtenant conducting business on the premises under  a  lease
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.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly June 02, 2002.
    Approved June 26, 2002.
    Effective June 26, 2002.

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