093_SB1607ham001

 










                                     LRB093 02991 LRD 17318 a

 1                    AMENDMENT TO SENATE BILL 1607

 2        AMENDMENT NO.     .  Amend Senate Bill 1607 by  replacing
 3    the title with the following:

 4        "AN ACT in relation to gaming."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The Illinois Horse Racing  Act  of  1975  is
 8    amended by changing Section 54 as follows:

 9        (230 ILCS 5/54)
10        Sec. 54.  Horse Racing Equity Fund.
11        (a)  There  is created in the State Treasury a Fund to be
12    known as the  Horse  Racing  Equity  Fund.   The  Fund  shall
13    consist  of  moneys paid into it pursuant to subsection (c-5)
14    of Section 13 of the Riverboat Gambling Act.  The Fund  shall
15    be administered by the Racing Board.
16        (b)  The   moneys   deposited  into  the  Fund  shall  be
17    distributed by the State Treasurer within 10 days after those
18    moneys are deposited into the Fund as follows:
19             (1)  Fifty percent of all moneys  distributed  under
20        this  subsection  shall  be  distributed  to organization
21        licensees to be distributed at  their  race  meetings  as
 
                            -2-      LRB093 02991 LRD 17318 a
 1        purses.   Fifty-seven  percent  of the amount distributed
 2        under  this  paragraph  (1)  shall  be  distributed   for
 3        thoroughbred  race  meetings and 43% shall be distributed
 4        for  standardbred  race  meetings.   Within  each  breed,
 5        moneys shall be allocated to each organization licensee's
 6        purse fund in  accordance  with  the  ratio  between  the
 7        purses  generated  for that breed by that licensee during
 8        the prior calendar year and the  total  purses  generated
 9        throughout  the  State  for  that  breed during the prior
10        calendar year.
11             (2)  The remaining 50%  of  the  moneys  distributed
12        under  this  subsection (b) shall be distributed pro rata
13        according  to   the   aggregate   proportion   of   total
14        pari-mutuel  state-wide handle, irrespective of where the
15        wagers creating that pari-mutuel handle were  placed,  on
16        races  conducted at a race track or race tracks that have
17        consolidated operations during calendar years 2000, 2001,
18        and 2002 at the racetrack, inter-track,  and  inter-track
19        wagering  locations  that  derive  their  licenses from a
20        racetrack identified in this paragraph (2)  for  calendar
21        years  1994,  1996,  and  1997  to (i) any person (or its
22        successors or assigns) who had  operating  control  of  a
23        racing  facility  at  which  live racing was conducted in
24        calendar year 2002 1997 and who has operating control  of
25        an   organization   licensee  that  conducted  racing  in
26        calendar year 2002 1997 and is a licensee in the  current
27        year,  or  (ii) any person (or its successors or assigns)
28        who has operating control of a racing facility located in
29        a county that is bounded by the  Mississippi  River  that
30        has  a  population  of less than 150,000 according to the
31        1990 decennial census and conducted an average of 60 days
32        of racing per year between 1985 and  1993  and  has  been
33        awarded  an  inter-track  wagering license in the current
34        year.
 
                            -3-      LRB093 02991 LRD 17318 a
 1             If any  person  identified  in  this  paragraph  (2)
 2        becomes  ineligible to receive moneys from the Fund, such
 3        amount shall be redistributed among the remaining persons
 4        in proportion to their percentages otherwise calculated.
 5    (Source: P.A. 91-40, eff. 6-25-99.)

 6        Section 10.  The Riverboat Gambling  Act  is  amended  by
 7    changing  Sections  2, 4, 6, 7, 10, 11, 11.1, 12, 13, 15, and
 8    23 and adding Sections 7.1, 7.2, and 7.3 as follows:

 9        (230 ILCS 10/2) (from Ch. 120, par. 2402)
10        Sec. 2.  Legislative Intent.  (a) This Act is intended to
11    benefit the people of the  State  of  Illinois  by  assisting
12    economic  development  and  promoting Illinois tourism and by
13    increasing the amount of revenues available to the  State  to
14    assist and support education.
15        (b)  While   authorization  of  riverboat  gambling  will
16    enhance investment, development and tourism in  Illinois,  it
17    is  recognized that it will do so successfully only if public
18    confidence and trust in the credibility and integrity of  the
19    gambling operations and the regulatory process is maintained.
20    Therefore,  regulatory provisions of this Act are designed to
21    strictly regulate the facilities, persons,  associations  and
22    practices  related  to  gambling  operations  pursuant to the
23    police powers  of  the  State,  including  comprehensive  law
24    enforcement supervision.
25        (c)  The Illinois Gaming Board established under this Act
26    should,  as  soon  as  possible, inform each applicant for an
27    owners license of the Board's  intent  to  grant  or  deny  a
28    license.
29    (Source: P.A. 86-1029.)

30        (230 ILCS 10/4) (from Ch. 120, par. 2404)
31        Sec. 4.  Definitions. As used in this Act:
 
                            -4-      LRB093 02991 LRD 17318 a
 1        (a)  "Board" means the Illinois Gaming Board.
 2        (b)  "Occupational license" means a license issued by the
 3    Board  to  a  person or entity to perform an occupation which
 4    the Board has identified as requiring a license to engage  in
 5    riverboat gambling in Illinois.
 6        (c)  "Gambling  game"  includes,  but  is not limited to,
 7    baccarat, twenty-one, poker, craps, slot machine, video  game
 8    of  chance,  roulette wheel, klondike table, punchboard, faro
 9    layout, keno layout, numbers ticket, push card,  jar  ticket,
10    or  pull  tab  which is authorized by the Board as a wagering
11    device under this Act.
12        (d)  "Riverboat" means a self-propelled excursion boat, a
13    permanently moored barge, or permanently moored  barges  that
14    are  permanently  fixed together to operate as one vessel, on
15    which lawful gambling is authorized and licensed as  provided
16    in this Act.
17        (e)  "Managers  license"  means  a  license issued by the
18    Board to a person or entity  to  manage  gambling  operations
19    conducted by the State pursuant to Section 7.2 (Blank).
20        (f)  "Dock"  means  the  location where a riverboat moors
21    for the purpose of embarking passengers for and  disembarking
22    passengers from the riverboat.
23        (g)  "Gross  receipts"  means  the  total amount of money
24    exchanged for the purchase of  chips,  tokens  or  electronic
25    cards by riverboat patrons.
26        (h)  "Adjusted  gross  receipts" means the gross receipts
27    less winnings paid to wagerers.
28        (i)  "Cheat" means to alter  the  selection  of  criteria
29    which  determine  the result of a gambling game or the amount
30    or frequency of payment in a gambling game.
31        (j)  "Department" means the Department of Revenue.
32        (k)  "Gambling operation" means the conduct of authorized
33    gambling games upon a riverboat.
34        (l)  "License bid" means the lump  sum  amount  of  money
 
                            -5-      LRB093 02991 LRD 17318 a
 1    that  an applicant bids and agrees to pay the State in return
 2    for an owners license that is re-issued on or after  July  1,
 3    2003.
 4        (m)  The  terms "minority person" and "female" shall have
 5    the same meaning as defined in  Section  2  of  the  Business
 6    Enterprise   for   Minorities,   Females,  and  Persons  with
 7    Disabilities Act.
 8    (Source: P.A. 91-40, eff. 6-25-99; 92-600, eff. 6-28-02.)

 9        (230 ILCS 10/6) (from Ch. 120, par. 2406)
10        Sec. 6.  Application for Owners License.
11        (a)  A qualified person may apply to  the  Board  for  an
12    owners  license  to conduct a riverboat gambling operation as
13    provided in this Act.  The application shall be made on forms
14    provided by the Board and shall contain such  information  as
15    the  Board  prescribes,  including  but  not  limited  to the
16    identity of the riverboat on which such gambling operation is
17    to be conducted and the exact location where  such  riverboat
18    will  be  docked,  a certification that the riverboat will be
19    registered under this Act at all times during which  gambling
20    operations  are  conducted  on  board,  detailed  information
21    regarding  the ownership and management of the applicant, and
22    detailed personal information regarding  the  applicant.  Any
23    application for an owners license to be re-issued on or after
24    June  1,  2003 shall also include the applicant's license bid
25    in a form prescribed by the Board.  Information  provided  on
26    the  application  shall  be  used  as  a basis for a thorough
27    background investigation which the Board shall  conduct  with
28    respect  to  each applicant.  An incomplete application shall
29    be cause for denial of a license by the Board.
30        (b)  Applicants shall submit with their  application  all
31    documents,  resolutions,  and  letters  of  support  from the
32    governing body that represents  the  municipality  or  county
33    wherein the licensee will dock.
 
                            -6-      LRB093 02991 LRD 17318 a
 1        (c)  Each  applicant shall disclose the identity of every
 2    person, association, trust or corporation  having  a  greater
 3    than   1%  direct  or  indirect  pecuniary  interest  in  the
 4    riverboat  gambling  operation  with  respect  to  which  the
 5    license is sought.  If the disclosed entity is a  trust,  the
 6    application  shall  disclose  the  names and addresses of the
 7    beneficiaries; if a corporation, the names and  addresses  of
 8    all  stockholders  and directors; if a partnership, the names
 9    and addresses of all partners, both general and limited.
10        (d)  An application shall be  filed  with  the  Board  by
11    January  1  of the year preceding any calendar year for which
12    an applicant seeks an owners license;  however,  applications
13    for  an  owners  license  permitting operations on January 1,
14    1991 shall be filed by July 1, 1990.  An application  fee  of
15    $50,000  shall  be  paid  at the time of filing to defray the
16    costs associated with the background investigation  conducted
17    by  the  Board.   If  the  costs  of the investigation exceed
18    $50,000, the applicant shall pay the additional amount to the
19    Board.  If the costs  of  the  investigation  are  less  than
20    $50,000,   the  applicant  shall  receive  a  refund  of  the
21    remaining  amount.   All  information,  records,  interviews,
22    reports, statements, memoranda or other data supplied  to  or
23    used   by   the   Board  in  the  course  of  its  review  or
24    investigation of an application for a license under this  Act
25    shall  be privileged, strictly confidential and shall be used
26    only for  the  purpose  of  evaluating  an  applicant.   Such
27    information,   records,   interviews,   reports,  statements,
28    memoranda or other data shall not be admissible as  evidence,
29    nor  discoverable  in  any action of any kind in any court or
30    before any tribunal, board, agency or person, except for  any
31    action deemed necessary by the Board.
32        (e)  The  Board  shall charge each applicant a fee set by
33    the Department of State Police to defray the costs associated
34    with the search and classification of  fingerprints  obtained
 
                            -7-      LRB093 02991 LRD 17318 a
 1    by  the  Board  with  respect to the applicant's application.
 2    These fees shall be paid into the State Police Services Fund.
 3        (f)  The licensed owner shall  be  the  person  primarily
 4    responsible for the boat itself.  Only one riverboat gambling
 5    operation  may  be  authorized by the Board on any riverboat.
 6    The applicant must identify each riverboat it intends to  use
 7    and  certify  that  the  riverboat:  (1)  has  the authorized
 8    capacity required in this Act; (2) is accessible to  disabled
 9    persons;   and  (3)  is  fully  registered  and  licensed  in
10    accordance with any applicable laws.
11        (g)  A person who knowingly makes a false statement on an
12    application is guilty of a Class A misdemeanor.
13    (Source: P.A. 91-40, eff. 6-25-99.)

14        (230 ILCS 10/7) (from Ch. 120, par. 2407)
15        Sec. 7.  Owners Licenses.
16        (a)  The Board shall issue owners  licenses  to  persons,
17    firms  or  corporations  which  apply  for such licenses upon
18    payment to the Board of the non-refundable license fee set by
19    the Board, upon payment of a  $25,000  license  fee  for  the
20    first  year  of  operation  and a $5,000 license fee for each
21    succeeding year and upon a determination by  the  Board  that
22    the  applicant is eligible for an owners  license pursuant to
23    this Act and the rules of  the  Board.   A  person,  firm  or
24    corporation is ineligible to receive an owners license if:
25             (1)  the person has been convicted of a felony under
26        the  laws  of  this State, any other state, or the United
27        States;
28             (2)  the person has been convicted of any  violation
29        of   Article   28  of  the  Criminal  Code  of  1961,  or
30        substantially similar laws of any other jurisdiction;
31             (3)  the person has submitted an application  for  a
32        license under this Act which contains false information;
33             (4)  the person is a member of the Board;
 
                            -8-      LRB093 02991 LRD 17318 a
 1             (5)  a  person defined in (1), (2), (3) or (4) is an
 2        officer, director or managerial employee of the  firm  or
 3        corporation;
 4             (6)  the   firm  or  corporation  employs  a  person
 5        defined in (1), (2), (3) or (4) who participates  in  the
 6        management or operation of gambling operations authorized
 7        under this Act;
 8             (7)  (blank); or
 9             (8)  a  license  of  the person, firm or corporation
10        issued under this Act, or a license  to  own  or  operate
11        gambling  facilities  in any other jurisdiction, has been
12        revoked.
13        (b)  In determining whether to grant an owners license to
14    an applicant, the Board shall consider:
15             (1)  the  character,  reputation,  experience    and
16        financial integrity of the applicants and of any other or
17        separate person that either:
18                  (A)  controls,  directly  or  indirectly,  such
19             applicant, or
20                  (B)  is  controlled, directly or indirectly, by
21             such  applicant  or  by  a  person  which  controls,
22             directly or indirectly, such applicant;
23             (2)  the facilities or proposed facilities  for  the
24        conduct of riverboat gambling;
25             (3)  the  highest  prospective  total  revenue to be
26        derived by  the  State  from  the  conduct  of  riverboat
27        gambling;
28             (4)  the  extent  to  which  the  ownership  of  the
29        applicant   reflects   the  diversity  of  the  State  by
30        including minority persons and females and the good faith
31        affirmative action plan of  each  applicant  to  recruit,
32        train and upgrade minority persons and females minorities
33        in all employment classifications;
34             (5)  the  financial  ability  of  the  applicant  to
 
                            -9-      LRB093 02991 LRD 17318 a
 1        purchase  and  maintain  adequate  liability and casualty
 2        insurance;
 3             (6)  whether    the    applicant    has     adequate
 4        capitalization  to provide and maintain, for the duration
 5        of a license, a riverboat; and
 6             (7)  the extent to which the  applicant  exceeds  or
 7        meets  other  standards  for  the  issuance  of an owners
 8        license which the Board may adopt by rule; and
 9             (8)  The amount of the applicant's license bid.
10        (c)  Each owners license shall specify  the  place  where
11    riverboats shall operate and dock.
12        (d)  Each applicant shall submit with his application, on
13    forms provided by the Board, 2 sets of his fingerprints.
14        (e)  The  Board  may  issue up to 10 licenses authorizing
15    the holders of  such  licenses  to  own  riverboats.  In  the
16    application  for an owners license, the applicant shall state
17    the dock at which the riverboat is based  and  the  water  on
18    which the riverboat will be located.  The Board shall issue 5
19    licenses  to  become  effective  not  earlier than January 1,
20    1991.  Three  of  such  licenses  shall  authorize  riverboat
21    gambling  on  the  Mississippi  River,  one  of  which  shall
22    authorize  riverboat gambling from a home dock in the city of
23    East St. Louis, and one of which  shall  authorize  riverboat
24    gambling  on  the Mississippi River or in a municipality that
25    (1) borders on the Mississippi River or is within 5 miles  of
26    the  city  limits  of  a  municipality  that  borders  on the
27    Mississippi River and (2)  on  the  effective  date  of  this
28    amendatory  Act  of  the  93rd  92nd  General  Assembly has a
29    riverboat conducting riverboat gambling  operations  pursuant
30    to  a  license  issued  under  this Act, provided that one of
31    those licenses shall authorize riverboat gambling from a home
32    dock in the City of East St. Louis. One other  license  shall
33    authorize  riverboat  gambling on the Illinois River south of
34    Marshall  County.   The  Board  shall  issue  one  additional
 
                            -10-     LRB093 02991 LRD 17318 a
 1    license to become effective not earlier than March  1,  1992,
 2    which  shall  authorize riverboat gambling on the Des Plaines
 3    River in Will County.   The  Board  may  issue  4  additional
 4    licenses  to become effective not earlier than March 1, 1992.
 5    In determining the water upon which riverboats will  operate,
 6    the Board shall consider the economic benefit which riverboat
 7    gambling  confers on the State, and shall seek to assure that
 8    all regions of the State share in the  economic  benefits  of
 9    riverboat gambling.
10        In  granting  all  licenses, the Board may give favorable
11    consideration to economically depressed areas of  the  State,
12    to  applicants presenting plans which provide for significant
13    economic development over a large  geographic  area,  and  to
14    applicants  who  currently operate non-gambling riverboats in
15    Illinois. The Board shall review all applications for  owners
16    licenses,  and  shall  inform  each  applicant of the Board's
17    decision. The  Board  may  grant  an  owners  license  to  an
18    applicant that has not submitted the highest license bid, but
19    if  it  does  not  select the highest bidder, the Board shall
20    issue a written decision explaining why another applicant was
21    selected and  identifying  the  factors  set  forth  in  this
22    Section that favored the winning bidder.
23        In addition to any other revocation powers granted to the
24    Board under this Act, the Board may revoke the owners license
25    of a licensee which fails to begin conducting gambling within
26    15   months  of  receipt  of  the  Board's  approval  of  the
27    application if the Board determines that  license  revocation
28    is in the best interests of the State.
29        (f)  The  first  10 owners licenses issued under this Act
30    shall permit the  holder  to  own  up  to  2  riverboats  and
31    equipment thereon for a period of 3 years after the effective
32    date  of the license. Holders of the first 10 owners licenses
33    must pay the annual license fee  for  each  of  the  3  years
34    during which they are authorized to own riverboats.
 
                            -11-     LRB093 02991 LRD 17318 a
 1        (g)  Upon  the  termination, expiration, or revocation of
 2    each of the first 10 licenses, which shall be issued for a  3
 3    year period, all licenses are renewable annually upon payment
 4    of the fee and a determination by the Board that the licensee
 5    continues to meet all of the requirements of this Act and the
 6    Board's rules.  However, for licenses renewed on or after May
 7    1, 1998, renewal shall be for a period of 4 years, unless the
 8    Board sets a shorter period.
 9        (h)  An  owners license shall entitle the licensee to own
10    up to 2 riverboats.  A licensee shall  limit  the  number  of
11    gambling participants to 1,200 for any such owners license. A
12    licensee  may  operate  both  of its riverboats concurrently,
13    provided that the total number of  gambling  participants  on
14    both riverboats does not exceed 1,200. Riverboats licensed to
15    operate on the Mississippi River and the Illinois River south
16    of  Marshall  County  shall have an authorized capacity of at
17    least 500 persons.  Any other riverboat licensed  under  this
18    Act  shall  have  an  authorized  capacity  of  at  least 400
19    persons.
20        (i)  A licensed owner is authorized to apply to the Board
21    for and, if approved therefor, to receive all  licenses  from
22    the  Board  necessary  for  the  operation  of  a  riverboat,
23    including  a  liquor  license, a license to prepare and serve
24    food for human consumption,  and  other  necessary  licenses.
25    All  use, occupation and excise taxes which apply to the sale
26    of food and beverages in this State and all taxes imposed  on
27    the  sale  or use of tangible personal property apply to such
28    sales aboard the riverboat.
29        (j)  The  Board  may  issue   or   re-issue   a   license
30    authorizing  a riverboat to dock in a municipality or approve
31    a relocation  under  Section  11.2  only  if,  prior  to  the
32    issuance  or  re-issuance  of  the  license  or approval, the
33    governing body of the municipality  in  which  the  riverboat
34    will  dock  has  by  a  majority vote approved the docking of
 
                            -12-     LRB093 02991 LRD 17318 a
 1    riverboats in the  municipality.   The  Board  may  issue  or
 2    re-issue  a  license authorizing a riverboat to dock in areas
 3    of a county outside any 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  county has by a majority vote approved of the docking of
 7    riverboats within such areas.
 8    (Source: P.A. 91-40, eff. 6-25-99; 92-600, eff. 6-28-02.)

 9        (230 ILCS 10/7.1 new)
10        Sec. 7.1.  Re-issuance of revoked or  non-renewed  owners
11    licenses.
12        (a)  If  an  owners license terminates or expires without
13    renewal or the Board revokes or determines not  to  renew  an
14    owners  license  (including,  without  limitation,  an owners
15    license for a licensee  that  was  not  conducting  riverboat
16    gambling  operations  on  January  1,  1998),  the  Board may
17    re-issue such license to a qualified applicant pursuant to an
18    open and competitive bidding process, as set forth in Section
19    7.5, and subject to the maximum number of authorized licenses
20    set forth in Section 7(e).
21        (b) To be a  qualified  applicant,  a  person,  firm,  or
22    corporation cannot be ineligible to receive an owners license
23    under  Section  7(a)  and  must  submit an application for an
24    owners license  that  complies  with  Section  6.  Each  such
25    applicant  must  also  submit  evidence  to  the  Board  that
26    minority  persons and females hold ownership interests in the
27    applicant of at least 16% and 4% respectively.
28        (c) Notwithstanding anything to the contrary  in  Section
29    7(e),  an  applicant  may  apply to the Board for approval of
30    relocation of a re-issued license to a new home dock location
31    authorized under Section 3(c) upon receipt  of  the  approval
32    from the municipality or county, as the case may be, pursuant
33    to Section 7(j).
 
                            -13-     LRB093 02991 LRD 17318 a
 1        (d)  In  determining  whether to grant a re-issued owners
 2    license to an applicant, the Board shall consider all of  the
 3    factors  set  forth  in  Sections 7(b) and (e) as well as the
 4    amount of the applicant's license bid. The  Board  may  grant
 5    the  re-issued  owners  license  to an applicant that has not
 6    submitted the highest license bid, but if it does not  select
 7    the  highest bidder, the Board shall issue a written decision
 8    explaining why another applicant was selected and identifying
 9    the factors set forth in Sections 7(b) and (e)  that  favored
10    the winning bidder.
11        (e)  Re-issued owners licenses shall be subject to annual
12    license fees as provided for in Section  7(a)  and  shall  be
13    governed  by  the  provisions of Sections 7(f), (g), (h), and
14    (i).

15        (230 ILCS 10/7.2 new)
16        Sec.  7.2.  Temporary  operating  permits.   Any   person
17    operating  under a temporary operating permit issued pursuant
18    to 86 Ill.  Admin.  Code  3000.230  shall  be  deemed  to  be
19    operating  under  the  authority  of  an  owner's license for
20    purposes of Section 13 of this Act. This  Section  shall  not
21    affect in any way the licensure requirements of this Act.

22        (230 ILCS 10/7.3 new)
23        Sec. 7.3.  State conduct of gambling operations.
24        (a)  If, after reviewing each application for a re-issued
25    license,  the  Board  determines that the highest prospective
26    total revenue to  the  State  would  be  derived  from  State
27    conduct  of  the gambling operation in lieu of re-issuing the
28    license,  the  Board  shall  inform  each  applicant  of  its
29    decision.  The Board shall  thereafter  have  the  authority,
30    without  obtaining  an  owners  license, to conduct riverboat
31    gambling  operations  as   previously   authorized   by   the
32    terminated, expired, revoked, or nonrenewed license through a
 
                            -14-     LRB093 02991 LRD 17318 a
 1    licensed manager selected pursuant to an open and competitive
 2    bidding  process  as set forth in Section 7.5 and as provided
 3    in Section 7.4.
 4        (b)  The Board  may  locate  any  riverboat  on  which  a
 5    gambling operation is conducted by the State in any home dock
 6    location  authorized by Section 3(c) upon receipt of approval
 7    from  a  majority  vote  of  the  governing   body   of   the
 8    municipality  or  county,  as  the  case may be, in which the
 9    riverboat will dock.
10        (c)  The Board shall have  jurisdiction  over  and  shall
11    supervise  all  gambling  operations  conducted  by the State
12    provided for in this Act and shall have all powers  necessary
13    and proper to fully and effectively execute the provisions of
14    this  Act  relating  to  gambling operations conducted by the
15    State.
16        (d)  The maximum number  of  owners  licenses  authorized
17    under  Section 7(e) shall be reduced by one for each instance
18    in  which  the  Board  authorizes  the  State  to  conduct  a
19    riverboat gambling operation under subsection (a) in lieu  of
20    re-issuing a license to an applicant under Section 7.1.

21        (230 ILCS 10/7.4 new)
22        Sec. 7.4.  Managers licenses.
23        (a)  A  qualified  person  may  apply  to the Board for a
24    managers license to operate and manage any gambling operation
25    conducted by the State. The  application  shall  be  made  on
26    forms   provided   by   the  Board  and  shall  contain  such
27    information  as  the  Board  prescribes,  including  but  not
28    limited to information required in Sections  6(a),  (b),  and
29    (c)  and  information  relating  to  the applicant's proposed
30    price to manage State gambling operations and to provide  the
31    riverboat,  gambling  equipment,  and  supplies  necessary to
32    conduct State gambling operations.
33        (b)  Each applicant must submit  evidence  to  the  Board
 
                            -15-     LRB093 02991 LRD 17318 a
 1    that minority persons and females hold ownership interests in
 2    the applicant of at least 16% and 4%, respectively.
 3        (c)  A  person,  firm,  or  corporation  is ineligible to
 4    receive a manager's license if:
 5             (1) the person has been convicted of a felony  under
 6        the  laws  of  this State, any other state, or the United
 7        States;
 8             (2) the person has been convicted of  any  violation
 9        of   Article   28  of  the  Criminal  Code  of  1961,  or
10        substantially similar laws of any other jurisdiction;
11             (3) the person has submitted an  application  for  a
12        license under this Act which contains false information;
13             (4) the person is a member of the Board;
14             (5)  a person defined in (1), (2), (3), or (4) is an
15        officer, director, or managerial employee of the firm  or
16        corporation;
17             (6) the firm or corporation employs a person defined
18        in  (1),  (2),  (3),  or  (4)  who  participates  in  the
19        management or operation of gambling operations authorized
20        under this Act; or
21             (7)  a  license  of the person, firm, or corporation
22        issued under this Act, or a license  to  own  or  operate
23        gambling  facilities  in any other jurisdiction, has been
24        revoked.
25        (d)  Each  applicant  shall  submit  with  his   or   her
26    application,  on forms prescribed by the Board, 2 sets of his
27    or her fingerprints.
28        (e) The Board shall charge each applicant a fee,  set  by
29    the Board, to defray the costs associated with the background
30    investigation conducted by the Board.
31        (f)  A person who knowingly makes a false statement on an
32    application is guilty of a Class A misdemeanor.
33        (g) The managers license shall  be  for  a  term  not  to
34    exceed  10  years,  shall be renewable at the Board's option,
 
                            -16-     LRB093 02991 LRD 17318 a
 1    and shall contain such terms  and  provisions  as  the  Board
 2    deems  necessary  to  protect  or enhance the credibility and
 3    integrity of State gambling operations, achieve  the  highest
 4    prospective  total  revenue to the State, and otherwise serve
 5    the interests of the citizens of Illinois.
 6        (h) Issuance of a managers license shall be subject to an
 7    open and competitive bidding process. The Board may select an
 8    applicant other than the lowest bidder by price. If  it  does
 9    not  select the lowest bidder, the Board shall issue a notice
10    of who the lowest bidder was and a written decision as to why
11    another bidder was selected.

12        (230 ILCS 10/7.5 new)
13        Sec. 7.5  Competitive Bidding. When the Board  determines
14    that  it  will re-issue an owners license pursuant to an open
15    and competitive bidding process, as set forth in Section 7.1,
16    or that it will issue a managers license pursuant to an  open
17    and competitive bidding process, as set forth in Section 7.4,
18    the  open and competitive bidding process shall adhere to the
19    following procedures:
20        (1)  The Board shall make  applications  for  owners  and
21    managers  licenses  available  to  the  public  and  allow  a
22    reasonable  time for applicants to submit applications to the
23    Board.
24        (2)  During the filing  period  for  owners  or  managers
25    license applications, the Board may retain the services of an
26    investment banking firm to assist the Board in conducting the
27    open and competitive bidding process.
28        (3)  After  receiving all of the bid proposals, the Board
29    shall open all  of  the  proposals  in  a  public  forum  and
30    disclose  the  prospective  owners or managers names, venture
31    partners, if any, and, in the case of applicants  for  owners
32    licenses, the locations of the proposed development sites.
33        (4)  The Board shall summarize the terms of the proposals
 
                            -17-     LRB093 02991 LRD 17318 a
 1    and may make this summary available to the public.
 2        (5)  The  Board  shall  evaluate  the  proposals within a
 3    reasonable time and select no more than 3 final applicants to
 4    make presentations of their proposals to the Board.
 5        (6)  The final applicants shall make their  presentations
 6    to  the  Board  on the same day during an open session of the
 7    Board.
 8        (7)  As   soon   as   practicable   after   the    public
 9    presentations  by  the  final  applicants,  the Board, in its
10    discretion, may conduct  further  negotiations  among  the  3
11    final   applicants.  During  such  negotiations,  each  final
12    applicant may increase its license bid or  otherwise  enhance
13    its bid proposal. At the conclusion of such negotiations, the
14    Board  shall  select  the  winning  proposal.  In the case of
15    negotiations for an owners license, the  Board  may,  at  the
16    conclusion  of  such  negotiations,  make  the  determination
17    allowed under Section 7.3(a).
18        (8)  Upon  selection  of  a  winning bid, the Board shall
19    evaluate the winning bid within a reasonable period  of  time
20    for  licensee  suitability  in accordance with all applicable
21    statutory and regulatory criteria.
22        (9)  If the winning bidder is unable or  otherwise  fails
23    to  consummate  the  transaction,  (including  if  the  Board
24    determines  that  the  winning  bidder  does  not satisfy the
25    suitability  requirements),  the  Board  may,  on  the   same
26    criteria,  select  from  the  remaining  bidders  or make the
27    determination allowed under Section 7.3(a).

28        (230 ILCS 10/10) (from Ch. 120, par. 2410)
29        Sec. 10.  Bond of licensee.  Before an owners license  is
30    issued  or  re-issued  or  a  managers license is issued, the
31    licensee shall post a bond in the  sum  of  $200,000  to  the
32    State  of  Illinois. The bond shall be used to guarantee that
33    the licensee faithfully makes the payments, keeps  his  books
 
                            -18-     LRB093 02991 LRD 17318 a
 1    and  records  and  makes  reports,  and conducts his games of
 2    chance in conformity with this Act and the rules  adopted  by
 3    the  Board.   The  bond  shall not be canceled by a surety on
 4    less than 30 days notice in writing to the Board. If  a  bond
 5    is  canceled  and  the licensee fails to file a new bond with
 6    the Board in the required amount on or before  the  effective
 7    date   of  cancellation,  the  licensee's  license  shall  be
 8    revoked.  The total and aggregate liability of the surety  on
 9    the bond is limited to the amount specified in the bond.
10    (Source: P.A. 86-1029.)

11        (230 ILCS 10/11) (from Ch. 120, par. 2411)
12        Sec.  11.  Conduct of gambling. Gambling may be conducted
13    by licensed owners or licensed  managers  on  behalf  of  the
14    State aboard riverboats, subject to the following standards:
15             (1)  A   licensee  may  conduct  riverboat  gambling
16        authorized  under  this  Act  regardless  of  whether  it
17        conducts excursion cruises.  A licensee  may  permit  the
18        continuous  ingress  and  egress  of  passengers  for the
19        purpose of gambling.
20             (2)  (Blank).
21             (3)  Minimum and maximum wagers on  games  shall  be
22        set by the licensee.
23             (4)  Agents of the Board and the Department of State
24        Police  may  board  and inspect any riverboat at any time
25        for the purpose of determining whether this Act is  being
26        complied  with.   Every riverboat, if under way and being
27        hailed by a law  enforcement  officer  or  agent  of  the
28        Board, must stop immediately and lay to.
29             (5)  Employees  of the Board shall have the right to
30        be present on the riverboat  or  on  adjacent  facilities
31        under the control of the licensee.
32             (6)  Gambling  equipment  and  supplies  customarily
33        used  in  conducting riverboat gambling must be purchased
 
                            -19-     LRB093 02991 LRD 17318 a
 1        or leased only from suppliers licensed for  such  purpose
 2        under this Act.
 3             (7)  Persons licensed under this Act shall permit no
 4        form of wagering on gambling games except as permitted by
 5        this Act.
 6             (8)  Wagers  may  be  received  only  from  a person
 7        present on a licensed riverboat.  No person present on  a
 8        licensed  riverboat  shall  place  or  attempt to place a
 9        wager on behalf of another person who is not  present  on
10        the riverboat.
11             (9)  Wagering  shall  not be conducted with money or
12        other negotiable currency.
13             (10)  A person under age 21 shall not  be  permitted
14        on  an  area  of  a  riverboat  where  gambling  is being
15        conducted, except for a person at least 18 years  of  age
16        who  is  an employee of the riverboat gambling operation.
17        No employee under  age  21  shall  perform  any  function
18        involved  in gambling by the patrons. No person under age
19        21 shall be permitted to make a wager under this Act.
20             (11)  Gambling excursion cruises are permitted  only
21        when  the waterway for which the riverboat is licensed is
22        navigable, as determined by  the  Board  in  consultation
23        with  the  U.S.  Army  Corps of Engineers. This paragraph
24        (11) does not limit the ability of a licensee to  conduct
25        gambling   authorized   under   this  Act  when  gambling
26        excursion cruises are not permitted.
27             (12)  All tokens, chips or electronic cards used  to
28        make  wagers  must  be purchased from a licensed owner or
29        manager either  aboard  a  riverboat  or  at  an  onshore
30        facility  which  has been approved by the Board and which
31        is located where the riverboat docks. The  tokens,  chips
32        or  electronic  cards  may  be  purchased  by means of an
33        agreement under which the owner or manager extends credit
34        to the patron.  Such tokens, chips  or  electronic  cards
 
                            -20-     LRB093 02991 LRD 17318 a
 1        may  be  used  while  aboard  the  riverboat only for the
 2        purpose of making wagers on gambling games.
 3             (13)  Notwithstanding any other Section of this Act,
 4        in addition to the other licenses authorized  under  this
 5        Act,  the Board may issue special event licenses allowing
 6        persons  who  are  not  otherwise  licensed  to   conduct
 7        riverboat   gambling   to  conduct  such  gambling  on  a
 8        specified date or series of  dates.   Riverboat  gambling
 9        under  such  a  license may take place on a riverboat not
10        normally used for riverboat gambling.   The  Board  shall
11        establish  standards, fees and fines for, and limitations
12        upon, such licenses, which may differ from the standards,
13        fees, fines and limitations  otherwise  applicable  under
14        this  Act.   All  such  fees  shall be deposited into the
15        State Gaming Fund.  All such  fines  shall  be  deposited
16        into the Education Assistance Fund, created by Public Act
17        86-0018, of the State of Illinois.
18             (14)  In  addition  to  the  above, gambling must be
19        conducted in accordance with all  rules  adopted  by  the
20        Board.
21    (Source: P.A. 91-40, eff. 6-25-99.)

22        (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
23        Sec.  11.1.   Collection  of  amounts  owing under credit
24    agreements.    Notwithstanding   any   applicable   statutory
25    provision  to  the  contrary, a licensed owner or manager who
26    extends credit to a riverboat  gambling  patron  pursuant  to
27    Section  11  (a)  (12) of this Act is expressly authorized to
28    institute a cause of action to collect any  amounts  due  and
29    owing  under  the extension of credit, as well as the owner's
30    or manager's costs, expenses and reasonable  attorney's  fees
31    incurred in collection.
32    (Source: P.A. 86-1029; 86-1389; 87-826.)
 
                            -21-     LRB093 02991 LRD 17318 a
 1        (230 ILCS 10/12) (from Ch. 120, par. 2412)
 2        Sec. 12. Admission tax; fees.
 3        (a)  A   tax   is   hereby  imposed  upon  admissions  to
 4    riverboats operated by licensed owners authorized pursuant to
 5    this Act.  Until July 1, 2002, the  rate  is  $2  per  person
 6    admitted.   From  Beginning  July 1, 2002 until July 1, 2003,
 7    the rate is $3 per person admitted. Beginning July  1,  2003,
 8    for  a  licensee  that admitted 2,300,000 persons or fewer in
 9    the previous  calendar  year,  the  rate  is  $4  per  person
10    admitted and for a licensee that admitted more than 2,300,000
11    persons  in  the  previous  calendar year, the rate is $5 per
12    person admitted. This  admission  tax  is  imposed  upon  the
13    licensed owner conducting gambling.
14             (1)  The  admission  tax  shall  be  paid  for  each
15        admission.
16             (2)  (Blank).
17             (3)  The   riverboat  licensee  may  issue  tax-free
18        passes to actual and necessary officials and employees of
19        the licensee or other persons  actually  working  on  the
20        riverboat.
21             (4)  The  number  and issuance of tax-free passes is
22        subject to the rules of the Board,  and  a  list  of  all
23        persons  to  whom the tax-free passes are issued shall be
24        filed with the Board.
25        (a-5)  A fee is hereby imposed upon  admissions  operated
26    by  licensed  managers  on  behalf  of  the State pursuant to
27    Section 7.3 at the rates provided in this  subsection  (a-5).
28    For  a  licensee  that admitted 2,300,000 persons or fewer in
29    the previous  calendar  year,  the  rate  is  $4  per  person
30    admitted and for a licensee that admitted more than 2,300,000
31    persons  in  the  previous  calendar year, the rate is $5 per
32    person admitted.
33             (1)  The  admission  fee  shall  be  paid  for  each
34        admission.
 
                            -22-     LRB093 02991 LRD 17318 a
 1             (2)  (Blank).
 2             (3)  The licensed manager may issue fee-free  passes
 3        to  actual  and  necessary officials and employees of the
 4        manager  or  other  persons  actually  working   on   the
 5        riverboat.
 6             (4)  The  number  and issuance of fee-free passes is
 7        subject to the rules of the Board,  and  a  list  of  all
 8        persons  to  whom the fee-free passes are issued shall be
 9        filed with the Board.
10        (b)  From the tax imposed under subsection  (a)  and  the
11    fee  imposed  under  subsection  (a-5),  a municipality shall
12    receive from the State $1 for  each  person  embarking  on  a
13    riverboat  docked within the municipality, and a county shall
14    receive $1 for each person embarking on  a  riverboat  docked
15    within   the   county  but  outside  the  boundaries  of  any
16    municipality.  The municipality's or county's share shall  be
17    collected  by  the  Board on behalf of the State and remitted
18    quarterly by the State,  subject  to  appropriation,  to  the
19    treasurer  of the unit of local government for deposit in the
20    general fund.
21        (c)  The licensed owner shall pay  the  entire  admission
22    tax  to  the  Board  and  the  licensed manager shall pay the
23    entire admission fee to the Board.  Such  payments  shall  be
24    made  daily.  Accompanying  each payment shall be a return on
25    forms  provided  by  the  Board  which  shall  include  other
26    information regarding admissions as the  Board  may  require.
27    Failure to submit either the payment or the return within the
28    specified  time may result in suspension or revocation of the
29    owners or managers license.
30        (d)  The Board shall administer and collect the admission
31    tax imposed by this Section, to the extent practicable, in  a
32    manner  consistent  with the provisions of Sections 4, 5, 5a,
33    5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9 and 10 of
34    the Retailers' Occupation Tax Act  and  Section  3-7  of  the
 
                            -23-     LRB093 02991 LRD 17318 a
 1    Uniform Penalty and Interest Act.
 2    (Source: P.A. 91-40, eff. 6-25-99; 92-595, eff. 6-28-02.)

 3        (230 ILCS 10/13) (from Ch. 120, par. 2413)
 4        Sec. 13.  Wagering tax; rate; distribution.
 5        (a)  Until  January  1,  1998,  a  tax  is imposed on the
 6    adjusted  gross  receipts  received   from   gambling   games
 7    authorized under this Act at the rate of 20%.
 8        From  January 1, 1998 until July 1, 2002, a privilege tax
 9    is imposed on persons engaged in the business  of  conducting
10    riverboat  gambling  operations,  based on the adjusted gross
11    receipts received by a licensed  owner  from  gambling  games
12    authorized under this Act at the following rates:
13             15%  of  annual  adjusted  gross  receipts up to and
14        including $25,000,000;
15             20% of annual adjusted gross receipts in  excess  of
16        $25,000,000 but not exceeding $50,000,000;
17             25%  of  annual adjusted gross receipts in excess of
18        $50,000,000 but not exceeding $75,000,000;
19             30% of annual adjusted gross receipts in  excess  of
20        $75,000,000 but not exceeding $100,000,000;
21             35%  of  annual adjusted gross receipts in excess of
22        $100,000,000.
23        Beginning July 1, 2002, a privilege  tax  is  imposed  on
24    persons  engaged  in  the  business  of  conducting riverboat
25    gambling operations, other than licensed managers  conducting
26    riverboat  gambling operations on behalf of the State,  based
27    on the adjusted gross receipts received by a  licensed  owner
28    from   gambling  games  authorized  under  this  Act  at  the
29    following rates:
30             15% of annual adjusted  gross  receipts  up  to  and
31        including $25,000,000;
32             22.5% of annual adjusted gross receipts in excess of
33        $25,000,000 but not exceeding $50,000,000;
 
                            -24-     LRB093 02991 LRD 17318 a
 1             27.5% of annual adjusted gross receipts in excess of
 2        $50,000,000 but not exceeding $75,000,000;
 3             32.5% of annual adjusted gross receipts in excess of
 4        $75,000,000 but not exceeding $100,000,000;
 5             37.5% of annual adjusted gross receipts in excess of
 6        $100,000,000 but not exceeding $150,000,000;
 7             45%  of  annual adjusted gross receipts in excess of
 8        $150,000,000 but not exceeding $200,000,000;
 9             50% of annual adjusted gross receipts in  excess  of
10        $200,000,000.
11    Riverboat gambling operations conducted by a licensed manager
12    on  behalf  of  the  State are not subject to the tax imposed
13    under this Section.
14        The taxes imposed by this Section shall be  paid  by  the
15    licensed  owner to the Board not later than 3:00 o'clock p.m.
16    of the day after the day when the wagers were made.
17        (b)  Until January  1,  1998,  25%  of  the  tax  revenue
18    deposited  in  the State Gaming Fund under this Section shall
19    be paid, subject to appropriation by the General Assembly, to
20    the unit of local government which is designated as the  home
21    dock  of  the  riverboat. Beginning January 1, 1998, from the
22    tax revenue deposited in the State  Gaming  Fund  under  this
23    Section,  an  amount  equal  to 5% of adjusted gross receipts
24    generated by a riverboat shall be paid  monthly,  subject  to
25    appropriation  by  the General Assembly, to the unit of local
26    government that  is  designated  as  the  home  dock  of  the
27    riverboat. From the tax revenue deposited in the State Gaming
28    Fund pursuant to riverboat gambling operations conducted by a
29    licensed  manager  on behalf of the State, an amount equal to
30    5% of adjusted gross receipts  generated  pursuant  to  those
31    riverboat  gambling operations shall be paid monthly, subject
32    to appropriation by the General  Assembly,  to  the  unit  of
33    local  government  that is designated as the home dock of the
34    riverboat upon which those riverboat gambling operations  are
 
                            -25-     LRB093 02991 LRD 17318 a
 1    conducted.
 2        (c)  Appropriations, as approved by the General Assembly,
 3    may  be  made from the State Gaming Fund to the Department of
 4    Revenue  and  the  Department  of  State   Police   for   the
 5    administration and enforcement of this Act.
 6        (c-5)  After  the payments required under subsections (b)
 7    and (c) have been  made,  an  amount  equal  to  15%  of  the
 8    adjusted gross receipts of (1) an owners licensee a riverboat
 9    (1) that relocates pursuant to Section 11.2, or (2) an owners
10    license  conducting riverboat gambling operations pursuant to
11    for which an owners license that is  initially  issued  after
12    June  25,  the effective date of this amendatory Act of 1999,
13    or (3) the first riverboat gambling operations conducted by a
14    licensed manager on behalf of the State  under  Section  7.2,
15    whichever  comes  first,  shall be paid from the State Gaming
16    Fund into the Horse Racing Equity Fund.
17        (c-10)  Each year the General Assembly shall  appropriate
18    from  the  General  Revenue  Fund to the Education Assistance
19    Fund an amount equal to the amount paid into the Horse Racing
20    Equity  Fund  pursuant  to  subsection  (c-5)  in  the  prior
21    calendar year.
22        (c-15)  After the  payments  required  under  subsections
23    (b),  (c), and (c-5) have been made, an amount equal to 2% of
24    the adjusted gross receipts  of  (1)  an  owners  licensee  a
25    riverboat (1) that relocates pursuant to Section 11.2, or (2)
26    an  owners  licensee conducting riverboat gambling operations
27    pursuant to for which an owners  license  that  is  initially
28    issued  after  June 25, the effective date of this amendatory
29    Act of 1999, or (3) the first riverboat  gambling  operations
30    conducted  by a licensed manager on behalf of the State under
31    Section 7.2, whichever comes first, shall be paid, subject to
32    appropriation from  the  General  Assembly,  from  the  State
33    Gaming  Fund  to  each  home rule county with a population of
34    over 3,000,000 inhabitants for the purpose of  enhancing  the
 
                            -26-     LRB093 02991 LRD 17318 a
 1    county's criminal justice system.
 2        (c-20)  Each  year the General Assembly shall appropriate
 3    from the General Revenue Fund  to  the  Education  Assistance
 4    Fund  an  amount  equal  to the amount paid to each home rule
 5    county  with  a  population  of  over  3,000,000  inhabitants
 6    pursuant to subsection (c-15) in the prior calendar year.
 7        (c-25)  After the  payments  required  under  subsections
 8    (b), (c), (c-5) and (c-15) have been made, an amount equal to
 9    2%  of the adjusted gross receipts of (1) an owners license a
10    riverboat (1) that relocates pursuant to Section 11.2, or (2)
11    an owners license conducting  riverboat  gambling  operations
12    pursuant  to  for  which  an owners license that is initially
13    issued after June 25, the effective date of  this  amendatory
14    Act  of  1999, or (3) the first riverboat gambling operations
15    conducted by a licensed manager on behalf of the State  under
16    Section  7.2,  whichever  comes first, shall be paid from the
17    State Gaming Fund to Chicago State University into the  State
18    Universities Athletic Capital Improvement Fund.
19        (d)  From  time  to  time,  the  Board shall transfer the
20    remainder of  the  funds  generated  by  this  Act  into  the
21    Education  Assistance Fund, created by Public Act 86-0018, of
22    the State of Illinois.
23        (e)  Nothing in this Act shall prohibit the unit of local
24    government designated as the home dock of the riverboat  from
25    entering into agreements with other units of local government
26    in  this State or in other states to share its portion of the
27    tax revenue.
28        (f)  To  the  extent   practicable,   the   Board   shall
29    administer  and  collect  the  wagering taxes imposed by this
30    Section  in  a  manner  consistent  with  the  provisions  of
31    Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
32    6c, 8, 9, and 10 of the Retailers'  Occupation  Tax  Act  and
33    Section 3-7 of the Uniform Penalty and Interest Act.
34    (Source: P.A. 91-40, eff. 6-25-99; 92-595, eff. 6-28-02.)
 
                            -27-     LRB093 02991 LRD 17318 a
 1        (230 ILCS 10/15) (from Ch. 120, par. 2415)
 2        Sec.  15.   Audit of Licensee Operations.  Within 90 days
 3    after the end of  each  quarter  of  each  fiscal  year,  the
 4    licensed  owner  or  manager  shall  transmit to the Board an
 5    audit of the financial transactions   and  condition  of  the
 6    licensee's  total  operations.  All audits shall be conducted
 7    by certified public accountants selected by the Board.   Each
 8    certified  public  accountant must be registered in the State
 9    of Illinois under the Illinois  Public  Accounting  Act.  The
10    compensation  for  each  certified public accountant shall be
11    paid directly  by  the  licensed  owner  or  manager  to  the
12    certified public accountant.
13    (Source: P.A. 86-1029; 86-1389.)

14        (230 ILCS 10/23) (from Ch. 120, par. 2423)
15        Sec.  23.   The  State  Gaming  Fund.   On  or  after the
16    effective date of  this  Act,  all  of  the  fees  and  taxes
17    collected  pursuant  to  subsections  of  this  Act  shall be
18    deposited into the State Gaming Fund, a special fund  in  the
19    State  Treasury,  which is hereby created. The adjusted gross
20    receipts of any riverboat gambling operations conducted by  a
21    licensed  manager  on behalf of the State remaining after the
22    payment of the fees and  expenses  of  the  licensed  manager
23    shall  be  deposited  into  the State Gaming Fund.  Fines and
24    penalties collected pursuant to this Act shall  be  deposited
25    into  the  Education  Assistance  Fund, created by Public Act
26    86-0018, of the State of Illinois.
27    (Source: P.A. 86-1029.)

28        Section 97.  Severability.  In  accordance  with  Section
29    1.31  of  the Statute on Statutes, the provisions of this Act
30    are severable.  If any provision of this amendatory  Act,  or
31    the  application  of  any provision of this amendatory Act to
32    any person or circumstance, is held invalid, such  invalidity
 
                            -28-     LRB093 02991 LRD 17318 a
 1    shall  not  affect  other  provisions or applications of this
 2    amendatory Act which can be given effect without the  invalid
 3    provision   or  application,  and  the  application  of  this
 4    amendatory Act to persons or circumstances other  than  those
 5    as to which it is held invalid shall not be affected thereby.

 6        Section  99.  Effective date.  This Act takes effect upon
 7    becoming law.".