SB 719 — CONVEYANCE ACT OF 2003

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 o____________ to persons, firms, partnerships, associations, or individuals for terms not to exceed 15 years SB719 Enrolled -4- LRB093 03034 LCB 03051 b when in the judgment of the Director those leases __ _____a____ 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 __________e__ 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 ___________e__ 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 _______e_____ 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 o ____________.

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 SB719 Enrolled -5- LRB093 03034 LCB 03051 b 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, SB719 Enrolled -6- LRB093 03034 LCB 03051 b and bodies politic and corporate of the State.

_d_____________________i_______________________t____________ _____s_____________________t_______________________S____________ _____e_____________________r________ (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 SB719 Enrolled -7- LRB093 03034 LCB 03051 b 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.

_e_____________________e______________________n_____________ _____e_____________________t______________________k_____________ _____c_____________________e_______________________w____________ _____h______________________C_____________________M_____________ _____r_____________________n______________________n_____________ SB719 Enrolled -8- LRB093 03034 LCB 03051 b _____s_____________________a______________________t______ _e_____________________e______________________a_____________ _____s_____________________o_______________________C____________ ______r____________________l______________________w_____________ _____u_____________________s______________________u_____________ _____i_____________________s__ (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 SB719 Enrolled -9- LRB093 03034 LCB 03051 b 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.

SB719 Enrolled -10- LRB093 03034 LCB 03051 b (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) _e_____________________e______________________l_____________ ______b____________________r______________________t_____________ _____o______________________t_____________________t_____________ SB719 Enrolled -11- LRB093 03034 LCB 03051 b (30 ILCS 500/40-46 new) _e_____________________e______________________l_____________ _____u_____________________t______________________t_____________ _____u_____________________o____________________ 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) _e_____________________h______________________M_____________ _____r__ _a_____________________n______________________t_____________ ______o______________________c____________________n_____________ _____r_____________________i______________________m_____________ _____a_____________________e_______________________I____________ ______t____________________H______________________r_____________ _____e_____________________r______________________i_____________ _____w__________ _________________r_______________________p____________ _r______________________(____ _________________t________________________p___________ _r______________________(_____________________i_____________ _m_____________________r______________________b_____________ _g_____________________y______________________t_____________ _i_____________________t______________________h_____________ _o_____________________t______________________a_____________ _n_____________________d______________________s_____________ _a_____________________y_______________________9_________ _________________a________________________a___________ _g_____________________r_______________________t____________ _o_____________________i_______________________a____________ _h_____________________o______________________e_____________ _s_____________________i_______________________m____________ _e_____________________0________________ SB719 Enrolled -12- LRB093 03034 LCB 03051 b _b_____________________s______________________s_____________ ______p_____________________u_____________________(_____________ _____i_____________________w______________________o_____________ _____i_____________________e______________________r_____________ _____c______________________t_____________________l_____________ _____t_____________________s_______________________f____________ ______o____________________.______________________o_____________ _____v______________________(_____________________t_____________ _____i_____________________h________________________v___________ _____i_____________________t______________________u_____________ _____w_____________________l________________________3___________ _____n_____________________m______________________r_____________ _____d_____________________g______________________i_____________ _____h_____________________e______________________n_____________ _____s_____________________t______________________a_____________ ______h____________________a______________________y_____________ _____i_____________________l_______________________c____________ _____r______________________(_____________________h____________ _h_____________________a______________________t_____________ _____y_____________________i________________________f___________ _____a_____________________i______________________i_____________ _____d_____________________t________________________p___________ _____r_____________________g_______________________t____________ _____r_____________________o______________________h_____________ _____s_____________________c_______________________t____________ _____b_____________________c______________________m_____________ _____i_____________________i______________________(_____________ _____o_____________________l__________ _c_____________________d______________________t_____________ _____r_____________________t______________________i_____________ _____a________________ _d_____________________i______________________e_____________ _____m_____________________a______________________y_____________ _____u_____________________h____________ SB719 Enrolled -13- LRB093 03034 LCB 03051 b _e_____________________i______________________(_____________ _____o______________________i_____________________o_____________ _______M___________________t______________________n_____________ _____S_____________________l______________________a_____________ _____r_____________________i______________________t_____________ _______t___________________t______________________a_____________ _____a______________________G_________________ (30 ILCS 605/7.5 new) _e______________________S_____________________y_____________ _____u________ _a_____________________a______________________f_____________ _____t_____________________n________________________S___________ _____a______________________f_____________________r_____________ _____r_____________________i______________________m_____________ _____o_____________________w______________________t_____________ _____u_____________________t______________________n_____________ _____,_____________________t___________________ _________________y______________________y_____________ _n_________________ __________________m______________________a____________ _n_____________________n______________________r_____________ _n_____________________t_______________________d____________ _n_______________________S____________________t_____________ _s_____________________e______________________t_____________ _n______________________o_____________________e_____________ _h_____________________)________________________p___________ _x__________________ _________________r________________________a___________ _g_____________________r_______________________t____________ _o_____________________i_______________________a____________ _h_____________________o______________________e_____________ _s______________________s_____________________m_____________ _e_____________________0________________ SB719 Enrolled -14- LRB093 03034 LCB 03051 b _b_____________________a______________________t_____________ _____n______________________r_____________________f_____________ _____v_____________________a_______________________o____________ ______b____________________p______________________h_____________ _______t____________________i_____________________g_____________ _____i______________________o_____________________a_____________ _____s_____________________v______________________p_____________ _____r______________________u_____________________(_____________ _____i_____________________t______________________a_____________ _____t_____________________r______________________l_____________ _____c_____________________o______________________u_____________ _____a_____________________h______________________0_____________ _____h_____________________e______________________l_____________ _____e______________________r_____________________t_____________ _____t_____________________h______________________r_____________ _____r_____________________r______________________y_____________ _____r_____________________l______________________o_____________ _____r______________________(_____________________h____________ _h_____________________l________________________s___________ _____r_______________________s_____________________o____________ _____t_____________________s_______________________h____________ _____n______________________d_____________________e_____________ _____e_____________________b______________________e_____________ _____t_____________________o______________________e_____________ ______t_____________________o_____________________y_____________ _____h_____________________a______________________p_____________ _____u_____________________i______________________(_____________ _____o_____________________l__________ _c_____________________d______________________t_____________ _____r_____________________t______________________i_____________ _____a________________ _d_____________________s______________________e_____________ _____m______________________d______________________t____________ _____u_____________________h____________ SB719 Enrolled -15- LRB093 03034 LCB 03051 b _e_____________________d_______________________t____________ ________T__________________h______________________b_____________ _____u_____________________t______________________o_____________ _____o_____________________u______________________t_____________ ______b____________________o______________________e_____________ _____t_____________________n______________________9_____________ _____b____ _f_____________________o______________________y_____________ _____t_____________________p______________________o_____________ _____o_______________ 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, a--- 15-103, ______-_____ 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 SB719 Enrolled -16- LRB093 03034 LCB 03051 b 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, o -- Section 15-103,_____________1______.

(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 SB719 Enrolled -17- LRB093 03034 LCB 03051 b any such lease, if it is used for:

___ --- 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;

___ --- the establishment of footpaths, trails and other protected areas;

___ --- 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;

___ --- the promotion of education in the fields of nature, preservation and conservation;

or ___ --- 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______________________t_____________________n_____________ _____E_____________________C_______________________l____________ _____0_____________________E_______________________p____________ _____v_____________________e______________________t_____________ _____o_____________________t________________________n___________ _____i_____________________e______________________b_____________ _____m______________________i_____________________S_____________ _____e_____________________s________________________p___________ _____p_______________________o_____________________b____________ ______r____________________t_______________________p____________ _____n_____________________s______________________h_____________ _____n_____________________s_______________________f____________ _____i______________________p______________________t____________ _____r_____________________a____ _f______________________b_____________________r_____________ SB719 Enrolled -18- LRB093 03034 LCB 03051 b _____c_____________________t_______________________p____________ _____S_____________________e_______ _________________o_______________________c____________ _o_____________________a______________________ _________________l______________________o_____________ _t_____________________p______________________n_____________ _o_____________________h______________________t_____________ _i______________________r__________ _u_____________________5______________________s_____________ ______s____________________e______________________f_____________ _____a_____________________s_______________________c____________ _____s_____________________d______________________d_____________ _____i_____________________u______________________c_____________ _____t_____________________i______________________y_____________ _____e_____________________n______________________i_____________ _____w_____________________r______________________n_____________ _______o___________________l_______________________o____________ _____y______________________c_____________________e_____________ _____t______________________a_____________________f____________ _c______________________S_____________________t_____________ _____I_______________________H_____________________h____________ _____i_____________________l______________________O_____________ _____r______________________p_____________________o_____________ _____o_____________________t______________________t_____________ _____y_____________________s________________________i___________ _____a_____________________a______________________g_____________ _____t_____________________e______________________l_____________ ______H_____________________r_____________________,_____________ _____p_____________________i________________________l___________ _____i_____________________e______________________h_____________ _____n_____________________S______________________r_____________ _____t_____________________o_______________________m____________ _____p_____________________t______________________t_____________ _____n_____________________i______________________t_____________ SB719 Enrolled -19- LRB093 03034 LCB 03051 b _____r_____________________t________ _f______________________b_____________________r_____________ _____c_____________________t_______________________p____________ _____S_____________________e_______ __________________t_____________________o_____________ _o_____________________h______________________e_____________ _________________t______________________n_____________ _u_____________________a______________________n_____________ _o______________________r_____________________o_____________ _u_____________________i______________________r__________ _u_____________________5______________________s_____________ _____r______________________c_____________________n_____________ _____t_____________________i_______________________c____________ _____s_____________________d______________________d_____________ _____i_____________________u______________________c_____________ _____t_____________________i______________________y_____________ _____e_____________________n______________________i_____________ _____w_____________________r______________________n_____________ _______o___________________l_______________________o____________ _____y______________________c_____________________e_____________ _____t______________________a_____________________f____________ _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) _e_____________________b______________________t_____________ _____i_____________________h______________________r_____________ _____i_____________________l_______________________i____________ _______u___________________e______________________t_____________ _____t______________________o______________________m____________ ______a____________________r_______________________s____________ _____t______________________a_____________________e_____________ SB719 Enrolled -20- LRB093 03034 LCB 03051 b _____r_____________________e______________________S_____________ _____f_____________________b______________________e_____________ _____t_____________________s______________________e_____________ _____n_______________________p_____________________e____________ _____i_____________________t______________________b_____________ _____m_____________________r_______________________m____________ _____i_____________________t______________________c_____________ _____s_______________________(____________________i_____________ _____y_____________________y______________________n_____________ ______p____________________p______________________c_____________ _____i_____________________c______________________o_____________ _____o_____________________e______________________t_____________ _____i_____________________i______________________o_____________ ______c____________________s______________________o_____________ _____r______________________t_____________________n_____________ _____o_____________________o______________________n_____________ _____h______________________i_____________________r_____________ _____f_____________________a_______________________g___________ _o______________________S_____________________t_____________ _____i______________________i______________________t____________ _____i_____________________o______________________e_____________ _____o_____________________e_______________________S____________ _____o_____________________a______________________r_____________ ______S____________________a______________________y_____________ _____s___________________ 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, SB719 Enrolled -21- LRB093 03034 LCB 03051 b 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 SB719 Enrolled -22- LRB093 03034 LCB 03051 b 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 SB719 Enrolled -23- LRB093 03034 LCB 03051 b 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 SB719 Enrolled -24- LRB093 03034 LCB 03051 b 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.

SB719 Enrolled -25- LRB093 03034 LCB 03051 b 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 SB719 Enrolled -26- LRB093 03034 LCB 03051 b 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, SB719 Enrolled -27- LRB093 03034 LCB 03051 b 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.

SB719 Enrolled -28- LRB093 03034 LCB 03051 b 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 SB719 Enrolled -29- LRB093 03034 LCB 03051 b 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 SB719 Enrolled -30- LRB093 03034 LCB 03051 b 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 SB719 Enrolled -31- LRB093 03034 LCB 03051 b Museum.

Alcoholic liquors may be sold at retail or dispensed at the James R.

Thompson Center in Chicago______j_____________ _____s______________________o______________________C____________ and 222 South College Street in Springfield, Illinois by (1) a commercial tenant or subtenant conducting business on the premises under a lease o___s________ 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 SB719 Enrolled -32- LRB093 03034 LCB 03051 b 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.

SB719 Enrolled -33- LRB093 03034 LCB 03051 b 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.) SB719 Enrolled -34- LRB093 03034 LCB 03051 b 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 _____________ _____c_____________________r______________________n_____________ _____u_____________________7______________________w_____________ _____o_____________________l______________________s_____________ _____o_____________________r________________________t___________ ______s____________________b______________________p_____________ _____t_____________________p___________, 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 SB719 Enrolled -35- LRB093 03034 LCB 03051 b 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:

SB719 Enrolled -36- LRB093 03034 LCB 03051 b (30 ILCS 805/8.27 new) _e_____________________a______________________n_____________ ______o____________________b_______________________i____________ _____t_____________________o______________________t_____________ _____a______________________G_________________ Section 99.

Effective date.

This Act takes effect upon becoming law.