Rep. Robert W. Churchill
Filed: 3/31/2004
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1 | AMENDMENT TO HOUSE BILL 6435
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2 | AMENDMENT NO. ______. Amend House Bill 6435 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "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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7 | (65 ILCS 5/11-74.4-4.2)
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8 | 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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13 | 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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1 | 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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4 | (1) subsection (a) of Section 11-74.4-5;
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5 | (2) paragraph (9) of subsection (d) of Section 11-74.4-5; | ||||||
6 | and
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7 | (3) subsection (e) of Section 11-74.4-6.
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8 | (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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12 | (Source: P.A. 91-478, eff. 11-1-99.)
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13 | (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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22 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
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23 | Sec. 7. Owners Licenses.
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24 | (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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31 | rules of the Board. A person, firm or corporation is ineligible |
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1 | to receive
an owners license if:
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2 | (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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4 | (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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7 | (3) the person has submitted an application for a | ||||||
8 | license under this
Act which contains false information;
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9 | (4) the person is
a member of the Board;
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10 | (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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13 | (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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17 | (7) (blank); or
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18 | (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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21 | (b) In determining whether to grant an owners license to an | ||||||
22 | applicant, the
Board shall consider:
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23 | (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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26 | (A) controls, directly or indirectly, such | ||||||
27 | applicant, or
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28 | (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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31 | (2) the facilities or proposed facilities for the | ||||||
32 | conduct of riverboat
gambling;
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33 | (3) the highest prospective total revenue to be derived | ||||||
34 | by the State
from the conduct of riverboat gambling;
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1 | (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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7 | (5) the financial ability of the applicant to purchase | ||||||
8 | and maintain
adequate liability and casualty insurance;
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9 | (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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12 | (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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15 | (8) The amount of the applicant's license bid.
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16 | (c) Each owners license shall specify the place where | ||||||
17 | riverboats shall
operate and dock.
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18 | (d) Each applicant shall submit with his application, on | ||||||
19 | forms
provided by the Board, 2 sets of his fingerprints.
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20 | (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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25 | 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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30 | 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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33 | the effective date of this amendatory Act of the 93rd General
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34 | Assembly, has a riverboat conducting riverboat gambling |
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1 | 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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9 | 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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16 | 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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18 | 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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23 | 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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31 | 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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1 | if the Board determines that license
revocation is in the best | ||||||
2 | interests of the State.
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3 | (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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9 | (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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14 | 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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17 | (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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23 | 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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27 | (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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1 | riverboat.
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2 | (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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9 | 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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14 | (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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16 | (230 ILCS 10/11.2)
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17 | Sec. 11.2. Relocation of riverboat home dock.
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18 | (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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20 | 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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24 | 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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29 | (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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1 | 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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8 | (Source: P.A. 91-40, eff. 6-25-99.)
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.".
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