Full Text of HB6435 93rd General Assembly
HB6435ham001 93RD GENERAL ASSEMBLY
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Rep. Robert W. Churchill
Filed: 3/31/2004
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LRB093 16200 LRD 48832 a |
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| AMENDMENT TO HOUSE BILL 6435
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| AMENDMENT NO. ______. Amend House Bill 6435 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 11-74.4-4.2 and by adding Section 11-74.4-8d | 6 |
| as follows:
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| (65 ILCS 5/11-74.4-4.2)
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| Sec. 11-74.4-4.2. Interested parties registry. | 9 |
| (a) On and after the effective
date of this amendatory Act | 10 |
| of the 91st General Assembly, the municipality
shall by its | 11 |
| corporate
authority create an "interested
parties" registry | 12 |
| for activities related to the redevelopment project area.
The
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| municipality shall adopt reasonable registration rules and | 14 |
| shall prescribe the
necessary registration forms for residents | 15 |
| and organizations active within the
municipality that seek to | 16 |
| be placed on the "interested parties" registry. At a
minimum, | 17 |
| the rules for registration shall provide for a renewable period | 18 |
| of
registration of not less than 3 years and notification to | 19 |
| registered
organizations and individuals by mail at the address | 20 |
| provided upon
registration prior to termination of their | 21 |
| registration, unless the
municipality decides that it will | 22 |
| establish a policy of not terminating
interested parties from | 23 |
| the registry, in which case no notice will be required.
Such | 24 |
| rules shall not
be used to prohibit or otherwise interfere with |
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| the ability of eligible
organizations and individuals to | 2 |
| register for receipt of information to which
they are entitled | 3 |
| under this statute, including the information required by:
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| (1) subsection (a) of Section 11-74.4-5;
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| (2) paragraph (9) of subsection (d) of Section 11-74.4-5; | 6 |
| and
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| (3) subsection (e) of Section 11-74.4-6.
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| (b) On and after the effective date of this amendatory Act | 9 |
| of the 93rd General Assembly, the municipality may not include | 10 |
| an owners licensee under the Riverboat Gambling Act on its | 11 |
| "interested party" registry.
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| (Source: P.A. 91-478, eff. 11-1-99.)
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| (65 ILCS 5/11-74.4-8d new) | 14 |
| Sec. 11-74.4-8d. Prohibition against riverboat dock within | 15 |
| redevelopment project area. A municipality may not adopt tax | 16 |
| increment financing in a redevelopment project area after the | 17 |
| effective date of this amendatory Act of the 93rd General | 18 |
| Assembly that will include within its corporate limits the home | 19 |
| dock of any owners licensee under the Riverboat Gambling Act. | 20 |
| Section 10. The Riverboat Gambling Act is amended by | 21 |
| changing Sections 7 and 11.2 as follows:
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| (230 ILCS 10/7) (from Ch. 120, par. 2407)
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| Sec. 7. Owners Licenses.
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| (a) The Board shall issue owners licenses to persons, firms | 25 |
| or
corporations which apply for such licenses upon payment to | 26 |
| the Board of the
non-refundable license fee set by the Board, | 27 |
| upon payment of a $25,000
license fee for the first year of | 28 |
| operation and a $5,000 license fee for
each succeeding year and | 29 |
| upon a determination by the Board that the
applicant is | 30 |
| eligible for an owners license pursuant to this Act and the
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| rules of the Board. A person, firm or corporation is ineligible |
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| to receive
an owners license if:
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| (1) the person has been convicted of a felony under the | 3 |
| laws of this
State, any other state, or the United States;
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| (2) the person has been convicted of any violation of | 5 |
| Article 28 of the
Criminal Code of 1961, or substantially | 6 |
| similar laws of any other jurisdiction;
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| (3) the person has submitted an application for a | 8 |
| license under this
Act which contains false information;
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| (4) the person is
a member of the Board;
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| (5) a person defined in (1), (2), (3) or (4) is an | 11 |
| officer, director or
managerial employee of the firm or | 12 |
| corporation;
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| (6) the firm or corporation employs a person defined in | 14 |
| (1), (2), (3) or
(4) who participates in the management or | 15 |
| operation of gambling operations
authorized under this | 16 |
| Act;
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| (7) (blank); or
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| (8) a license of the person, firm or corporation issued | 19 |
| under
this Act, or a license to own or operate gambling | 20 |
| facilities
in any other jurisdiction, has been revoked.
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| (b) In determining whether to grant an owners license to an | 22 |
| applicant, the
Board shall consider:
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| (1) the character, reputation, experience and | 24 |
| financial integrity of the
applicants and of any other or | 25 |
| separate person that either:
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| (A) controls, directly or indirectly, such | 27 |
| applicant, or
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| (B) is controlled, directly or indirectly, by such | 29 |
| applicant or by a
person which controls, directly or | 30 |
| indirectly, such applicant;
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| (2) the facilities or proposed facilities for the | 32 |
| conduct of riverboat
gambling;
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| (3) the highest prospective total revenue to be derived | 34 |
| by the State
from the conduct of riverboat gambling;
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| (4) the extent to which the ownership of the applicant | 2 |
| reflects the
diversity of the State by including minority | 3 |
| persons and females
and the good faith affirmative action | 4 |
| plan of
each applicant to recruit, train and upgrade | 5 |
| minority persons and females in all employment | 6 |
| classifications;
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| (5) the financial ability of the applicant to purchase | 8 |
| and maintain
adequate liability and casualty insurance;
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| (6) whether the applicant has adequate capitalization | 10 |
| to provide and
maintain, for the duration of a license, a | 11 |
| riverboat;
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| (7) the extent to which the applicant exceeds or meets | 13 |
| other standards
for the issuance of an owners license which | 14 |
| the Board may adopt by rule;
and
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| (8) The amount of the applicant's license bid.
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| (c) Each owners license shall specify the place where | 17 |
| riverboats shall
operate and dock.
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| (d) Each applicant shall submit with his application, on | 19 |
| forms
provided by the Board, 2 sets of his fingerprints.
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| (e) The Board may issue up to 10 licenses authorizing the | 21 |
| holders of such
licenses to own riverboats. In the application | 22 |
| for an owners license, the
applicant shall state the dock at | 23 |
| which the riverboat is based and the water
on which the | 24 |
| riverboat will be located. The Board shall issue 5 licenses to
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| become effective not earlier than January 1, 1991. Three of | 26 |
| such licenses
shall authorize riverboat gambling on the | 27 |
| Mississippi River, or, with approval
by the municipality in | 28 |
| which the
riverboat is docked on August 7, 2003,
the effective | 29 |
| date of this amendatory Act of the 93rd
Assembly,
in a
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| municipality that (1) borders on the Mississippi River or is | 31 |
| within 5
miles of the city limits of a municipality that | 32 |
| borders on the Mississippi
River and (2), on August 7, 2003,
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| the effective date of this amendatory Act of the 93rd General
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| Assembly, has a riverboat conducting riverboat gambling |
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| operations pursuant to
a license issued under this Act; , one of | 2 |
| which shall authorize riverboat
gambling from a home dock in | 3 |
| the city of East St. Louis. One other license
shall
authorize | 4 |
| riverboat gambling on
the Illinois River south of Marshall | 5 |
| County. The Board shall issue one
additional license to become | 6 |
| effective not earlier than March 1, 1992, which
shall authorize | 7 |
| riverboat gambling on the Des Plaines River in Will County.
The | 8 |
| Board may issue 4 additional licenses to become effective not
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| earlier than
March 1, 1992. On and after the effective date of | 10 |
| this amendatory Act of the 93rd General Assembly, the Board may | 11 |
| not issue an owners license authorizing the conduct of | 12 |
| riverboat gambling operations from a home dock that is located | 13 |
| within a tax increment financing district. In determining the | 14 |
| water upon which riverboats will operate,
the Board shall | 15 |
| consider the economic benefit which riverboat gambling confers
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| on the State, and shall seek to assure that all regions of the | 17 |
| State share
in the economic benefits of riverboat gambling.
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| In granting all licenses, the Board may give favorable | 19 |
| consideration to
economically depressed areas of the State, to | 20 |
| applicants presenting plans
which provide for significant | 21 |
| economic development over a large geographic
area, and to | 22 |
| applicants who currently operate non-gambling riverboats in
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| Illinois.
The Board shall review all applications for owners | 24 |
| licenses,
and shall inform each applicant of the Board's | 25 |
| decision.
The Board may grant an owners license to an
applicant | 26 |
| that has not submitted the highest license bid, but if it does | 27 |
| not
select the highest bidder, the Board shall issue a written | 28 |
| decision explaining
why another
applicant was selected and | 29 |
| identifying the factors set forth in this Section
that favored | 30 |
| the winning bidder.
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| In addition to any other revocation powers granted to the | 32 |
| Board under this
Act,
the Board may revoke the owners license | 33 |
| of a licensee which fails
to begin conducting gambling within | 34 |
| 15 months
of receipt of the
Board's approval of the application |
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| if the Board determines that license
revocation is in the best | 2 |
| interests of the State.
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| (f) The first 10 owners licenses issued under this Act | 4 |
| shall permit the
holder to own up to 2 riverboats and equipment | 5 |
| thereon
for a period of 3 years after the effective date of the | 6 |
| license. Holders of
the first 10 owners licenses must pay the | 7 |
| annual license fee for each of
the 3
years during which they | 8 |
| are authorized to own riverboats.
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| (g) Upon the termination, expiration, or revocation of each | 10 |
| of the first
10 licenses, which shall be issued for a 3 year | 11 |
| period, all licenses are
renewable annually upon payment of the | 12 |
| fee and a determination by the Board
that the licensee | 13 |
| continues to meet all of the requirements of this Act and the
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| Board's rules.
However, for licenses renewed on or after May 1, | 15 |
| 1998, renewal shall be
for a period of 4 years, unless the | 16 |
| Board sets a shorter period.
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| (h) An owners license shall entitle the licensee to own up | 18 |
| to 2
riverboats. A licensee shall limit the number of gambling | 19 |
| participants to
1,200 for any such owners license.
A licensee | 20 |
| may operate both of its riverboats concurrently, provided that | 21 |
| the
total number of gambling participants on both riverboats | 22 |
| does not exceed
1,200. Riverboats licensed to operate on the
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| Mississippi River and the Illinois River south of Marshall | 24 |
| County shall
have an authorized capacity of at least 500 | 25 |
| persons. Any other riverboat
licensed under this Act shall have | 26 |
| an authorized capacity of at least 400
persons.
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| (i) A licensed owner is authorized to apply to the Board | 28 |
| for and, if
approved therefor, to receive all licenses from the | 29 |
| Board necessary for the
operation of a riverboat, including a | 30 |
| liquor license, a license
to prepare and serve food for human | 31 |
| consumption, and other necessary
licenses. All use, occupation | 32 |
| and excise taxes which apply to the sale of
food and beverages | 33 |
| in this State and all taxes imposed on the sale or use
of | 34 |
| tangible personal property apply to such sales aboard the |
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| riverboat.
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| (j) The Board may issue or re-issue a license authorizing a | 3 |
| riverboat to
dock
in a municipality or approve a relocation | 4 |
| under Section 11.2 only if, prior
to the issuance or | 5 |
| re-issuance of
the license or approval, the governing body of | 6 |
| the municipality in which
the riverboat will dock has by a | 7 |
| majority vote approved the docking of
riverboats in the | 8 |
| municipality. The Board may issue or re-issue a license
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| authorizing a
riverboat to dock in areas of a county outside | 10 |
| any municipality or approve a
relocation under Section 11.2 | 11 |
| only if, prior to the issuance or re-issuance
of the license
or | 12 |
| approval, the
governing body of the county has by a majority | 13 |
| vote approved of the docking of
riverboats within such areas.
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| (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; | 15 |
| 93-453, eff. 8-7-03;
revised 1-27-04.)
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| (230 ILCS 10/11.2)
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| Sec. 11.2. Relocation of riverboat home dock.
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| (a) A licensee that was not conducting
riverboat gambling | 19 |
| on January 1, 1998 may apply to the Board for renewal and
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| approval of relocation to a new home dock location authorized | 21 |
| under Section
3(c) and
the Board
shall grant the application | 22 |
| and approval upon receipt by the licensee of
approval from the | 23 |
| new municipality or county, as the case may be, in which the
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| licensee wishes to relocate pursuant to Section 7(j) , except | 25 |
| that, on and after the effective date of this amendatory Act of | 26 |
| the 93rd General Assembly, the Board may not authorize an | 27 |
| owners licensee to relocate its home dock within the boundaries | 28 |
| of a tax increment financing district .
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| (b) Any licensee that relocates its home dock
pursuant
to | 30 |
| this Section shall attain a level of at least 20% minority | 31 |
| person and female
ownership, at least 16% and 4% respectively, | 32 |
| within a time period
prescribed by the Board,
but not to exceed | 33 |
| 12 months from the date
the licensee
begins conducting gambling |
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| at the new home dock location. The 12-month period
shall be | 2 |
| extended by the amount of
time
necessary to conduct a | 3 |
| background investigation pursuant to Section 6.
For the | 4 |
| purposes of this
Section, the terms "female" and "minority | 5 |
| person" have the meanings provided in
Section 2 of the
Business | 6 |
| Enterprise for Minorities, Females, and Persons with | 7 |
| Disabilities
Act.
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| (Source: P.A. 91-40, eff. 6-25-99.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.".
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