(Published by the Authority of the City Council of the City of Chicago) COPY JOURNAL of the PROCEEDINGS of the CITY COUNCIL of the CITY of CHICAGO, ILLINOIS Regular Meeting - Wednesday, October 8, 2008 at 10:00 A.M. (Council Chambers - City Hall - Chicago, Illinois) OFFICIAL RECORD. VOLUME V RICHARD M. DALEY MIGUEL DEL VALLE Mayor City Clerk Continued from Volume IV on page 42418 10/8/2008 REPORTS OF COMMITTEES 42419 JOINT COMMITTEE. COMMITTEE ON FINANCE AND COMMITTEE ON SPECIAL EVENTS AND CULTURAL AFFAIRS. CHICAGO DELEGATION OF UNITED STATES HOUSE OF REPRESENTATIVES AND SENATORS RICHARD J. DURBIN AND BARACK OBAMA URGED TO FACILITATE PASSAGE OF S. 548 AND H.R. 1524 (ARTIST-MUSEUM PARTNERSHIP ACT). A Joint Committee, comprised of the members of the Committee on Finance and the members of the Committee on Special Events and Cultural Affairs, submitted the following report: CHICAGO, October 8, 2008. To the President and Members of the City Council: Your Joint Committee on Finance and Committee on Special Events and Cultural Affairs, having had under consideration a resolution urging the Chicago Delegation of the United States House of Representatives and the United States Senators from Illinois, Senator Richard J. Durbin and Senator Barack Obama to enact S. 548 and H.R. 1524 (Artist-Museum Partnership Act), having had the same under advisement, begs leave to report and recommend that Your Honorable Body Adopt the proposed resolution transmitted herewith. 42420 JOURNAL-CITYCOUNCIL-CHICAGO 10/8/2008 This recommendation was concurred in by a viva voce vote of the members of the Joint Committee. Respectfully submitted, (Signed) EDWARD M. BURKE, Committee on Finance, Chairman. (Signed) WALTER BURNETT, Committee on Special Events and Cultural Affairs, Chairman. On motion of Alderman Burke, the said proposed resolution transmitted with the foregoing committee report was Adopted by yeas and nays as follows: Yeas-Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Muiioz, Zaiewski, Dixon, Solis, Ocasio, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, O'Connor, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore, Stone - 49. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said resolution as adopted: WHEREAS, Today, there are over 2.1 million artists employed in the United States; and WHEREAS, A study conducted by the National Endowment for the Arts concluded that under current law, artists' work has had a detrimental impact on the cultural institutions to collect and preserve the nation's cultural heritage, undermining the very goals of these institutions; and WHEREAS, Prior to 1969, any individual who owned or created an artwork or manuscript could donate it to a public or charitable institution and receive a fair-market value tax deduction; however after 1969 the United States Congress removed that right from art creators; and WHEREAS, For the past thirty-nine years, artists have only received a tax deduction on the cost of the materials used for the creation of the donated art work; and WHEREAS, The 1969 law treats artists as a separate class of citizens, denying them the rights and opportunities that are given to other citizens under the law; and WHEREAS, The annual salary of artists in the United States is between Twenty-nine Thousand Dollars to Seventy Thousand Dollars; and 10/8/2008 REPORTS OF COMMITTEES 42421 WHEREAS, Given their disadvantaged tax status many will no longer pursue their passion in the arts if the current law remains in place; and WHEREAS, S. 548 and H.R. 1524 (Artist-Museum Partnership Act) would establish a criteria that would require artists to be given the same rights as collectors and arts patrons who receive a tax deduction for the fair market value of artworks they donate to public institutions; and WHEREAS, The current law discriminates against hardworking artists, provides little to no incentive for artists to donate their art work, and this inequality affects the artists personally, professionally, and financially; and WHEREAS, This proposed legislation would eliminate the tax discrimination that has been in place for almost four decades and encourages art creators to donate work to museums and libraries across the country, allowing everyone to benefit from the access to contemporary art; and WHEREAS, Since Chicago's early days protecting and allowing artists to grow has been very important to the City of Chicago's political leaders, there has always been great pride taken in protecting the city's heritage and safeguarding that generations to come would have opportunities to learn from artists; and WHEREAS, In 1894, Illinois Circuit Court Judge Lambert Tree and his wife, Anna, known for being art enthusiasts, commissioned the Tree Studios which created an artistic community, a place for artists to come and live with other artists; and WHEREAS, This unique cultural oasis became a temporary home for many influential artists, from author Edgar Rice Burroughs, to sculptor John Storrs, to painter John Singer Sargent, to actors Burgess Meredith,and Peter Falk; and WHEREAS, The United States Senate has recognized the need to further protect the rights of artists by introducing legislation concerning the discrimination in 1999, the Senate has also voted in favor of S. 548 five times over the past few years; and WHEREAS, The Artist-Museum Partnership Act is a common sense step in protecting the rights of artists and removing the inequality and discrimination that currently exists when artists donate their works to public institutions; now, therefore, Be It Resolved, That we' the Mayor and the members of the Chicago City Council, do hereby urge Chicago delegation of the United States House of Representatives, as well as the United States Senators from Illinois, Senator Richard J. Durbin and Senator Barack Obama, to facilitate the swift passage of this legislation; and Be It Further Resolved, That we also do hereby urge the aforementioned elected officials to ensure that S. 548 and H.R. 1524 are instituted and enforced to the full extent prescribed by law; and Be It Further Resolved, That a suitable copy of this resolution be presented to the Chicago delegation ofthe United States House of Representatives, as well as to the United States Senators from Illinois, Senator Richard J. Durbin and Senator Barack Obama. 42422 JOURNAL-CITYCOUNCIL-CHICAGO 10/8/2008 AGREED CALENDAR. Alderman Burke moved to St/spend the Rules Temporan/y for the purpose of including in the Agreed Calendar a series of resolutions presented by the Honorable Richard M. Daley, Mayor, and Aldermen Harris, Burke, Rugai, Austin, Allen and Schulter. The motion Prevailed. Thereupon, on motion of Alderman Burke, the proposed resolutions presented through the Agreed Calendar were Adopted by yeas and nays as follows: Yeas - Aldermen Flores, Fioretti, Dowell, Preckwinkle, Hairston, Lyle, Jackson, Harris, Beale, Pope, Balcer, Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins, Munoz, Zaiewski Dixon, Solis, Ocasio, Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell, Austin, Colon, Banks, Mitts, Allen, O'Connor, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter, M. Smith, Moore, Stone - 49. Nays - None. Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. Sponsored by the elected city officials named below, respectively, said Agreed Calendar resolutions, as adopted, read as follows (the italic heading in each case not being a part ofthe resolution): Presented By THE HONORABLE RICHARD M. DALEY, MAYOR: TRIBUTE TO LATE MR. KEVIN MICHAEL KILROE. WHEREAS, The members of this chamber were deeply saddened to learn of the death on September 10, 2008, at age forty-four, of Kevin Michael Kilroe, a former employee of the City of Chicago Department of Water Management and a respected citizen of the City of Chicago; and WHEREAS, Born in Chicago on July 11,1964, and one of four siblings, Mr. Kilroe was the son of Thomas and Patricia Kilroe. At the time of his death from injuries sustained in an automobile accident, Mr. Kilroe resided in Grand Beach, Michigan; and 10/8/2008 AGREED CALENDAR 42423 WHEREAS, Mr. Kilroe attended Saint Bede the Venerable Catholic Grammar School in Chicago. In 1982, Mr. Kilroe graduated from Saint Laurence High School in Burbank, Illinois, where he was a member of the golf team; and WHEREAS, From 1982 to 1983, Mr. Kilroe attended Saint Joseph's College in Rensalear, Indiana; and WHEREAS, A bricklayer by occupation, Mr. Kilroe was a lifetime member of Bricklayer's Union Local 21; and WHEREAS, An active and energetic person, Mr. Kilroe was an avid golfer known for his great golf swing, as well as an enthusiastic boater, snowmobiler and bowler; and WHEREAS, A devoted and caring son, Mr. Kilroe attended to the needs of his ailing father, Thomas, for several years until his father passed away, and he provided continuing comfort and great support to his mother, Patricia, during the difficult period following his father's death; and WHEREAS, A fabulous uncle, who doted on his nieces and nephews and loved them with all of his heart, Mr. Kilroe enjoyed nothing better than spending time with Erin, Claire, Ian, Thomas and Michael, the children of his two sisters, Sheila and Ellen; and WHEREAS, Mr. Kilroe will be sorely missed by his family and many friends; and WHEREAS, A kind, generous and compassionate person, Kevin Michael Kilroe will always be remembered for his vibrant spirit, generous nature and captivating smile, and as a man whose many fine qualities survive in the beautiful family he left behind; and WHEREAS, Kevin Michael Kilroe was predeceased by his brother Thomas E. Kilroe, Jr., and is survived by his mother, Patricia; two sisters, the Honorable Sheila McGinnis and Ellen Harmening; his brother-in-law, Joe Harmening; two nieces, Erin and Claire; three nephews; Ian, Thomas and Michael; and countless friends; now, therefore.