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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||
4 | Section 5. The Executive Reorganization Implementation Act | ||||||||||||||||||||||||||||||||||||
5 | is amended by changing Section 3.1 as follows:
| ||||||||||||||||||||||||||||||||||||
6 | (15 ILCS 15/3.1) (from Ch. 127, par. 1803.1)
| ||||||||||||||||||||||||||||||||||||
7 | Sec. 3.1. "Agency directly responsible to the Governor" or | ||||||||||||||||||||||||||||||||||||
8 | "agency" means
any office, officer, division, or part thereof,
| ||||||||||||||||||||||||||||||||||||
9 | and any other office, nonelective officer, department, | ||||||||||||||||||||||||||||||||||||
10 | division, bureau,
board, or commission in the executive branch | ||||||||||||||||||||||||||||||||||||
11 | of State government,
except that it does not apply to any | ||||||||||||||||||||||||||||||||||||
12 | agency whose primary function is service
to the General | ||||||||||||||||||||||||||||||||||||
13 | Assembly or the Judicial Branch of State government, or to
any | ||||||||||||||||||||||||||||||||||||
14 | agency administered by the Attorney General, Secretary of | ||||||||||||||||||||||||||||||||||||
15 | State, State
Comptroller or State Treasurer. In addition the | ||||||||||||||||||||||||||||||||||||
16 | term does not apply to
the following agencies created by law | ||||||||||||||||||||||||||||||||||||
17 | with the primary responsibility of
exercising regulatory
or | ||||||||||||||||||||||||||||||||||||
18 | adjudicatory functions independently of the Governor:
| ||||||||||||||||||||||||||||||||||||
19 | (1) the State Board of Elections;
| ||||||||||||||||||||||||||||||||||||
20 | (2) the State Board of Education;
| ||||||||||||||||||||||||||||||||||||
21 | (3) the Illinois Commerce Commission;
| ||||||||||||||||||||||||||||||||||||
22 | (4) the Illinois Workers' Compensation
Commission;
| ||||||||||||||||||||||||||||||||||||
23 | (5) the Civil Service Commission;
|
| |||||||
| |||||||
1 | (6) the Fair Employment Practices Commission;
| ||||||
2 | (7) the Pollution Control Board;
| ||||||
3 | (8) the Department of State Police Merit Board ; | ||||||
4 | (9) The Illinois Gaming Board .
| ||||||
5 | (Source: P.A. 93-721, eff. 1-1-05.)
| ||||||
6 | Section 10. The Department of Revenue Law of the
Civil | ||||||
7 | Administrative Code of Illinois is amended by changing Section | ||||||
8 | 2505-305 as follows:
| ||||||
9 | (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
| ||||||
10 | Sec. 2505-305. Investigators.
| ||||||
11 | (a) The Department has the power to
appoint investigators | ||||||
12 | to conduct all investigations,
searches, seizures, arrests, | ||||||
13 | and other duties imposed under the provisions
of any law | ||||||
14 | administered by the Department
or the Illinois Gaming Board .
| ||||||
15 | These
Except as provided in subsection (c), these investigators | ||||||
16 | have
and
may exercise all the powers of peace officers solely | ||||||
17 | for the purpose of
enforcing taxing measures administered by | ||||||
18 | the Department
or the Illinois Gaming Board .
| ||||||
19 | (b) The Director must authorize to each investigator | ||||||
20 | employed under this
Section and
to any other employee of the | ||||||
21 | Department exercising the powers of a peace
officer a
distinct | ||||||
22 | badge that, on its face, (i) clearly states that the badge is
| ||||||
23 | authorized
by the
Department and (ii)
contains a unique | ||||||
24 | identifying number.
No other badge shall be authorized by
the |
| |||||||
| |||||||
1 | Department.
| ||||||
2 | (c) (Blank).
Investigators appointed under this Section | ||||||
3 | who are assigned to the
Illinois Gaming Board have and may | ||||||
4 | exercise all
the rights and powers
of peace officers,
provided | ||||||
5 | that these powers shall be limited to offenses or violations | ||||||
6 | occurring
or committed on a riverboat or dock, as defined in | ||||||
7 | subsections (d) and (f) of
Section 4 of the Riverboat
Gambling | ||||||
8 | Act.
| ||||||
9 | (Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01; 92-493, | ||||||
10 | eff. 1-1-02.)
| ||||||
11 | Section 15. The Illinois Pension Code is amended by | ||||||
12 | changing Section 14-110 as follows:
| ||||||
13 | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| ||||||
14 | Sec. 14-110. Alternative retirement annuity.
| ||||||
15 | (a) Any member who has withdrawn from service with not less | ||||||
16 | than 20
years of eligible creditable service and has attained | ||||||
17 | age 55, and any
member who has withdrawn from service with not | ||||||
18 | less than 25 years of
eligible creditable service and has | ||||||
19 | attained age 50, regardless of whether
the attainment of either | ||||||
20 | of the specified ages occurs while the member is
still in | ||||||
21 | service, shall be entitled to receive at the option of the | ||||||
22 | member,
in lieu of the regular or minimum retirement annuity, a | ||||||
23 | retirement annuity
computed as follows:
| ||||||
24 | (i) for periods of service as a noncovered employee:
if |
| |||||||
| |||||||
1 | retirement occurs on or after January 1, 2001, 3% of final
| ||||||
2 | average compensation for each year of creditable service; | ||||||
3 | if retirement occurs
before January 1, 2001, 2 1/4% of | ||||||
4 | final average compensation for each of the
first 10 years | ||||||
5 | of creditable service, 2 1/2% for each year above 10 years | ||||||
6 | to
and including 20 years of creditable service, and 2 3/4% | ||||||
7 | for each year of
creditable service above 20 years; and
| ||||||
8 | (ii) for periods of eligible creditable service as a | ||||||
9 | covered employee:
if retirement occurs on or after January | ||||||
10 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
11 | of creditable service; if retirement occurs before
January | ||||||
12 | 1, 2001, 1.67% of final average compensation for each of | ||||||
13 | the first
10 years of such service, 1.90% for each of the | ||||||
14 | next 10 years of such service,
2.10% for each year of such | ||||||
15 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
16 | each year in excess of 30.
| ||||||
17 | Such annuity shall be subject to a maximum of 75% of final | ||||||
18 | average
compensation if retirement occurs before January 1, | ||||||
19 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
20 | retirement occurs on or after January
1, 2001.
| ||||||
21 | These rates shall not be applicable to any service | ||||||
22 | performed
by a member as a covered employee which is not | ||||||
23 | eligible creditable service.
Service as a covered employee | ||||||
24 | which is not eligible creditable service
shall be subject to | ||||||
25 | the rates and provisions of Section 14-108.
| ||||||
26 | (b) For the purpose of this Section, "eligible creditable |
| |||||||
| |||||||
1 | service" means
creditable service resulting from service in one | ||||||
2 | or more of the following
positions:
| ||||||
3 | (1) State policeman;
| ||||||
4 | (2) fire fighter in the fire protection service of a | ||||||
5 | department;
| ||||||
6 | (3) air pilot;
| ||||||
7 | (4) special agent;
| ||||||
8 | (5) investigator for the Secretary of State;
| ||||||
9 | (6) conservation police officer;
| ||||||
10 | (7) investigator for the Department of Revenue or the | ||||||
11 | Illinois Gaming Board ;
| ||||||
12 | (8) security employee of the Department of Human | ||||||
13 | Services;
| ||||||
14 | (9) Central Management Services security police | ||||||
15 | officer;
| ||||||
16 | (10) security employee of the Department of | ||||||
17 | Corrections or the Department of Juvenile Justice;
| ||||||
18 | (11) dangerous drugs investigator;
| ||||||
19 | (12) investigator for the Department of State Police;
| ||||||
20 | (13) investigator for the Office of the Attorney | ||||||
21 | General;
| ||||||
22 | (14) controlled substance inspector;
| ||||||
23 | (15) investigator for the Office of the State's | ||||||
24 | Attorneys Appellate
Prosecutor;
| ||||||
25 | (16) Commerce Commission police officer;
| ||||||
26 | (17) arson investigator;
|
| |||||||
| |||||||
1 | (18) State highway maintenance worker.
| ||||||
2 | A person employed in one of the positions specified in this | ||||||
3 | subsection is
entitled to eligible creditable service for | ||||||
4 | service credit earned under this
Article while undergoing the | ||||||
5 | basic police training course approved by the
Illinois Law | ||||||
6 | Enforcement Training
Standards Board, if
completion of that | ||||||
7 | training is required of persons serving in that position.
For | ||||||
8 | the purposes of this Code, service during the required basic | ||||||
9 | police
training course shall be deemed performance of the | ||||||
10 | duties of the specified
position, even though the person is not | ||||||
11 | a sworn peace officer at the time of
the training.
| ||||||
12 | (c) For the purposes of this Section:
| ||||||
13 | (1) The term "state policeman" includes any title or | ||||||
14 | position
in the Department of State Police that is held by | ||||||
15 | an individual employed
under the State Police Act.
| ||||||
16 | (2) The term "fire fighter in the fire protection | ||||||
17 | service of a
department" includes all officers in such fire | ||||||
18 | protection service
including fire chiefs and assistant | ||||||
19 | fire chiefs.
| ||||||
20 | (3) The term "air pilot" includes any employee whose | ||||||
21 | official job
description on file in the Department of | ||||||
22 | Central Management Services, or
in the department by which | ||||||
23 | he is employed if that department is not covered
by the | ||||||
24 | Personnel Code, states that his principal duty is the | ||||||
25 | operation of
aircraft, and who possesses a pilot's license; | ||||||
26 | however, the change in this
definition made by this |
| |||||||
| |||||||
1 | amendatory Act of 1983 shall not operate to exclude
any | ||||||
2 | noncovered employee who was an "air pilot" for the purposes | ||||||
3 | of this
Section on January 1, 1984.
| ||||||
4 | (4) The term "special agent" means any person who by | ||||||
5 | reason of
employment by the Division of Narcotic Control, | ||||||
6 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
7 | Division of Criminal Investigation, the
Division of | ||||||
8 | Internal Investigation, the Division of Operations, or any
| ||||||
9 | other Division or organizational
entity in the Department | ||||||
10 | of State Police is vested by law with duties to
maintain | ||||||
11 | public order, investigate violations of the criminal law of | ||||||
12 | this
State, enforce the laws of this State, make arrests | ||||||
13 | and recover property.
The term "special agent" includes any | ||||||
14 | title or position in the Department
of State Police that is | ||||||
15 | held by an individual employed under the State
Police Act.
| ||||||
16 | (5) The term "investigator for the Secretary of State" | ||||||
17 | means any person
employed by the Office of the Secretary of | ||||||
18 | State and vested with such
investigative duties as render | ||||||
19 | him ineligible for coverage under the Social
Security Act | ||||||
20 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
21 | 218(l)(1)
of that Act.
| ||||||
22 | A person who became employed as an investigator for the | ||||||
23 | Secretary of
State between January 1, 1967 and December 31, | ||||||
24 | 1975, and who has served as
such until attainment of age | ||||||
25 | 60, either continuously or with a single break
in service | ||||||
26 | of not more than 3 years duration, which break terminated |
| |||||||
| |||||||
1 | before
January 1, 1976, shall be entitled to have his | ||||||
2 | retirement annuity
calculated in accordance with | ||||||
3 | subsection (a), notwithstanding
that he has less than 20 | ||||||
4 | years of credit for such service.
| ||||||
5 | (6) The term "Conservation Police Officer" means any | ||||||
6 | person employed
by the Division of Law Enforcement of the | ||||||
7 | Department of Natural Resources and
vested with such law | ||||||
8 | enforcement duties as render him ineligible for coverage
| ||||||
9 | under the Social Security Act by reason of Sections | ||||||
10 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
11 | term "Conservation Police Officer" includes
the positions | ||||||
12 | of Chief Conservation Police Administrator and Assistant
| ||||||
13 | Conservation Police Administrator.
| ||||||
14 | (7) The term "investigator for the Department of | ||||||
15 | Revenue" means any
person employed by the Department of | ||||||
16 | Revenue and vested with such
investigative duties as render | ||||||
17 | him ineligible for coverage under the Social
Security Act | ||||||
18 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
19 | 218(l)(1)
of that Act.
| ||||||
20 | The term "investigator for the Illinois Gaming Board" | ||||||
21 | means any
person employed as such by the Illinois Gaming | ||||||
22 | Board and vested with such
peace officer duties as render | ||||||
23 | the person ineligible for coverage under the Social
| ||||||
24 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
25 | 218(d)(8)(D), and 218(l)(1)
of that Act.
| ||||||
26 | (8) The term "security employee of the Department of |
| |||||||
| |||||||
1 | Human Services"
means any person employed by the Department | ||||||
2 | of Human Services who (i) is
employed at the Chester Mental | ||||||
3 | Health Center and has daily contact with the
residents | ||||||
4 | thereof, (ii) is employed within a security unit at a | ||||||
5 | facility
operated by the Department and has daily contact | ||||||
6 | with the residents of the
security unit, (iii) is employed | ||||||
7 | at a facility operated by the Department
that includes a | ||||||
8 | security unit and is regularly scheduled to work at least
| ||||||
9 | 50% of his or her working hours within that security unit, | ||||||
10 | or (iv) is a mental health police officer.
"Mental health | ||||||
11 | police officer" means any person employed by the Department | ||||||
12 | of
Human Services in a position pertaining to the | ||||||
13 | Department's mental health and
developmental disabilities | ||||||
14 | functions who is vested with such law enforcement
duties as | ||||||
15 | render the person ineligible for coverage under the Social | ||||||
16 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
17 | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | ||||||
18 | means that portion of a facility that is devoted to
the | ||||||
19 | care, containment, and treatment of persons committed to | ||||||
20 | the Department of
Human Services as sexually violent | ||||||
21 | persons, persons unfit to stand trial, or
persons not | ||||||
22 | guilty by reason of insanity. With respect to past | ||||||
23 | employment,
references to the Department of Human Services | ||||||
24 | include its predecessor, the
Department of Mental Health | ||||||
25 | and Developmental Disabilities.
| ||||||
26 | The changes made to this subdivision (c)(8) by Public |
| |||||||
| |||||||
1 | Act 92-14 apply to persons who retire on or after January | ||||||
2 | 1,
2001, notwithstanding Section 1-103.1.
| ||||||
3 | (9) "Central Management Services security police | ||||||
4 | officer" means any
person employed by the Department of | ||||||
5 | Central Management Services who is
vested with such law | ||||||
6 | enforcement duties as render him ineligible for
coverage | ||||||
7 | under the Social Security Act by reason of Sections | ||||||
8 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
9 | (10) For a member who first became an employee under | ||||||
10 | this Article before July 1, 2005, the term "security | ||||||
11 | employee of the Department of Corrections or the Department | ||||||
12 | of Juvenile Justice"
means any employee of the Department | ||||||
13 | of Corrections or the Department of Juvenile Justice or the | ||||||
14 | former
Department of Personnel, and any member or employee | ||||||
15 | of the Prisoner
Review Board, who has daily contact with | ||||||
16 | inmates or youth by working within a
correctional facility | ||||||
17 | or Juvenile facility operated by the Department of Juvenile | ||||||
18 | Justice or who is a parole officer or an employee who has
| ||||||
19 | direct contact with committed persons in the performance of | ||||||
20 | his or her
job duties. For a member who first becomes an | ||||||
21 | employee under this Article on or after July 1, 2005, the | ||||||
22 | term means an employee of the Department of Corrections or | ||||||
23 | the Department of Juvenile Justice who is any of the | ||||||
24 | following: (i) officially headquartered at a correctional | ||||||
25 | facility or Juvenile facility operated by the Department of | ||||||
26 | Juvenile Justice, (ii) a parole officer, (iii) a member of |
| |||||||
| |||||||
1 | the apprehension unit, (iv) a member of the intelligence | ||||||
2 | unit, (v) a member of the sort team, or (vi) an | ||||||
3 | investigator.
| ||||||
4 | (11) The term "dangerous drugs investigator" means any | ||||||
5 | person who is
employed as such by the Department of Human | ||||||
6 | Services.
| ||||||
7 | (12) The term "investigator for the Department of State | ||||||
8 | Police" means
a person employed by the Department of State | ||||||
9 | Police who is vested under
Section 4 of the Narcotic | ||||||
10 | Control Division Abolition Act with such
law enforcement | ||||||
11 | powers as render him ineligible for coverage under the
| ||||||
12 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
13 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
14 | (13) "Investigator for the Office of the Attorney | ||||||
15 | General" means any
person who is employed as such by the | ||||||
16 | Office of the Attorney General and
is vested with such | ||||||
17 | investigative duties as render him ineligible for
coverage | ||||||
18 | under the Social Security Act by reason of Sections | ||||||
19 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
20 | the period before January 1,
1989, the term includes all | ||||||
21 | persons who were employed as investigators by the
Office of | ||||||
22 | the Attorney General, without regard to social security | ||||||
23 | status.
| ||||||
24 | (14) "Controlled substance inspector" means any person | ||||||
25 | who is employed
as such by the Department of Professional | ||||||
26 | Regulation and is vested with such
law enforcement duties |
| |||||||
| |||||||
1 | as render him ineligible for coverage under the Social
| ||||||
2 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
3 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term | ||||||
4 | "controlled substance inspector" includes the Program
| ||||||
5 | Executive of Enforcement and the Assistant Program | ||||||
6 | Executive of Enforcement.
| ||||||
7 | (15) The term "investigator for the Office of the | ||||||
8 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
9 | employed in that capacity on a full
time basis under the | ||||||
10 | authority of Section 7.06 of the State's Attorneys
| ||||||
11 | Appellate Prosecutor's Act.
| ||||||
12 | (16) "Commerce Commission police officer" means any | ||||||
13 | person employed
by the Illinois Commerce Commission who is | ||||||
14 | vested with such law
enforcement duties as render him | ||||||
15 | ineligible for coverage under the Social
Security Act by | ||||||
16 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
17 | 218(l)(1) of that Act.
| ||||||
18 | (17) "Arson investigator" means any person who is | ||||||
19 | employed as such by
the Office of the State Fire Marshal | ||||||
20 | and is vested with such law enforcement
duties as render | ||||||
21 | the person ineligible for coverage under the Social | ||||||
22 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
23 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
24 | employed as an arson
investigator on January 1, 1995 and is | ||||||
25 | no longer in service but not yet
receiving a retirement | ||||||
26 | annuity may convert his or her creditable service for
|
| |||||||
| |||||||
1 | employment as an arson investigator into eligible | ||||||
2 | creditable service by paying
to the System the difference | ||||||
3 | between the employee contributions actually paid
for that | ||||||
4 | service and the amounts that would have been contributed if | ||||||
5 | the
applicant were contributing at the rate applicable to | ||||||
6 | persons with the same
social security status earning | ||||||
7 | eligible creditable service on the date of
application.
| ||||||
8 | (18) The term "State highway maintenance worker" means | ||||||
9 | a person who is
either of the following:
| ||||||
10 | (i) A person employed on a full-time basis by the | ||||||
11 | Illinois
Department of Transportation in the position | ||||||
12 | of
highway maintainer,
highway maintenance lead | ||||||
13 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
14 | construction equipment operator,
power shovel | ||||||
15 | operator, or
bridge mechanic; and
whose principal | ||||||
16 | responsibility is to perform, on the roadway, the | ||||||
17 | actual
maintenance necessary to keep the highways that | ||||||
18 | form a part of the State
highway system in serviceable | ||||||
19 | condition for vehicular traffic.
| ||||||
20 | (ii) A person employed on a full-time basis by the | ||||||
21 | Illinois
State Toll Highway Authority in the position | ||||||
22 | of
equipment operator/laborer H-4,
equipment | ||||||
23 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
24 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
25 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
26 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
|
| |||||||
| |||||||
1 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
2 | painter H-4, or
painter H-6; and
whose principal | ||||||
3 | responsibility is to perform, on the roadway, the | ||||||
4 | actual
maintenance necessary to keep the Authority's | ||||||
5 | tollways in serviceable condition
for vehicular | ||||||
6 | traffic.
| ||||||
7 | (d) A security employee of the Department of Corrections or | ||||||
8 | the Department of Juvenile Justice, and a security
employee of | ||||||
9 | the Department of Human Services who is not a mental health | ||||||
10 | police
officer, shall not be eligible for the alternative | ||||||
11 | retirement annuity provided
by this Section unless he or she | ||||||
12 | meets the following minimum age and service
requirements at the | ||||||
13 | time of retirement:
| ||||||
14 | (i) 25 years of eligible creditable service and age 55; | ||||||
15 | or
| ||||||
16 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
17 | creditable service
and age 54, or 24 years of eligible | ||||||
18 | creditable service and age 55; or
| ||||||
19 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
20 | creditable service
and age 53, or 23 years of eligible | ||||||
21 | creditable service and age 55; or
| ||||||
22 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
23 | creditable service
and age 52, or 22 years of eligible | ||||||
24 | creditable service and age 55; or
| ||||||
25 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
26 | creditable service
and age 51, or 21 years of eligible |
| |||||||
| |||||||
1 | creditable service and age 55; or
| ||||||
2 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
3 | creditable service
and age 50, or 20 years of eligible | ||||||
4 | creditable service and age 55.
| ||||||
5 | Persons who have service credit under Article 16 of this | ||||||
6 | Code for service
as a security employee of the Department of | ||||||
7 | Corrections or the Department of Juvenile Justice, or the | ||||||
8 | Department
of Human Services in a position requiring | ||||||
9 | certification as a teacher may
count such service toward | ||||||
10 | establishing their eligibility under the service
requirements | ||||||
11 | of this Section; but such service may be used only for
| ||||||
12 | establishing such eligibility, and not for the purpose of | ||||||
13 | increasing or
calculating any benefit.
| ||||||
14 | (e) If a member enters military service while working in a | ||||||
15 | position in
which eligible creditable service may be earned, | ||||||
16 | and returns to State
service in the same or another such | ||||||
17 | position, and fulfills in all other
respects the conditions | ||||||
18 | prescribed in this Article for credit for military
service, | ||||||
19 | such military service shall be credited as eligible creditable
| ||||||
20 | service for the purposes of the retirement annuity prescribed | ||||||
21 | in this Section.
| ||||||
22 | (f) For purposes of calculating retirement annuities under | ||||||
23 | this
Section, periods of service rendered after December 31, | ||||||
24 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
25 | position of special agent,
conservation police officer, mental | ||||||
26 | health police officer, or investigator
for the Secretary of |
| |||||||
| |||||||
1 | State, shall be deemed to have been service as a
noncovered | ||||||
2 | employee, provided that the employee pays to the System prior | ||||||
3 | to
retirement an amount equal to (1) the difference between the | ||||||
4 | employee
contributions that would have been required for such | ||||||
5 | service as a
noncovered employee, and the amount of employee | ||||||
6 | contributions actually
paid, plus (2) if payment is made after | ||||||
7 | July 31, 1987, regular interest
on the amount specified in item | ||||||
8 | (1) from the date of service to the date
of payment.
| ||||||
9 | For purposes of calculating retirement annuities under | ||||||
10 | this Section,
periods of service rendered after December 31, | ||||||
11 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
12 | position of investigator for the
Department of Revenue shall be | ||||||
13 | deemed to have been service as a noncovered
employee, provided | ||||||
14 | that the employee pays to the System prior to retirement
an | ||||||
15 | amount equal to (1) the difference between the employee | ||||||
16 | contributions
that would have been required for such service as | ||||||
17 | a noncovered employee,
and the amount of employee contributions | ||||||
18 | actually paid, plus (2) if payment
is made after January 1, | ||||||
19 | 1990, regular interest on the amount specified in
item (1) from | ||||||
20 | the date of service to the date of payment.
| ||||||
21 | (g) A State policeman may elect, not later than January 1, | ||||||
22 | 1990, to
establish eligible creditable service for up to 10 | ||||||
23 | years of his service as
a policeman under Article 3, by filing | ||||||
24 | a written election with the Board,
accompanied by payment of an | ||||||
25 | amount to be determined by the Board, equal to
(i) the | ||||||
26 | difference between the amount of employee and employer
|
| |||||||
| |||||||
1 | contributions transferred to the System under Section 3-110.5, | ||||||
2 | and the
amounts that would have been contributed had such | ||||||
3 | contributions been made
at the rates applicable to State | ||||||
4 | policemen, plus (ii) interest thereon at
the effective rate for | ||||||
5 | each year, compounded annually, from the date of
service to the | ||||||
6 | date of payment.
| ||||||
7 | Subject to the limitation in subsection (i), a State | ||||||
8 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
9 | eligible creditable service for
up to 10 years of his service | ||||||
10 | as a member of the County Police Department
under Article 9, by | ||||||
11 | filing a written election with the Board, accompanied
by | ||||||
12 | payment of an amount to be determined by the Board, equal to | ||||||
13 | (i) the
difference between the amount of employee and employer | ||||||
14 | contributions
transferred to the System under Section 9-121.10 | ||||||
15 | and the amounts that would
have been contributed had those | ||||||
16 | contributions been made at the rates
applicable to State | ||||||
17 | policemen, plus (ii) interest thereon at the effective
rate for | ||||||
18 | each year, compounded annually, from the date of service to the
| ||||||
19 | date of payment.
| ||||||
20 | (h) Subject to the limitation in subsection (i), a State | ||||||
21 | policeman or
investigator for the Secretary of State may elect | ||||||
22 | to establish eligible
creditable service for up to 12 years of | ||||||
23 | his service as a policeman under
Article 5, by filing a written | ||||||
24 | election with the Board on or before January
31, 1992, and | ||||||
25 | paying to the System by January 31, 1994 an amount to be
| ||||||
26 | determined by the Board, equal to (i) the difference between |
| |||||||
| |||||||
1 | the amount of
employee and employer contributions transferred | ||||||
2 | to the System under Section
5-236, and the amounts that would | ||||||
3 | have been contributed had such
contributions been made at the | ||||||
4 | rates applicable to State policemen, plus
(ii) interest thereon | ||||||
5 | at the effective rate for each year, compounded
annually, from | ||||||
6 | the date of service to the date of payment.
| ||||||
7 | Subject to the limitation in subsection (i), a State | ||||||
8 | policeman,
conservation police officer, or investigator for | ||||||
9 | the Secretary of State may
elect to establish eligible | ||||||
10 | creditable service for up to 10 years of
service as a sheriff's | ||||||
11 | law enforcement employee under Article 7, by filing
a written | ||||||
12 | election with the Board on or before January 31, 1993, and | ||||||
13 | paying
to the System by January 31, 1994 an amount to be | ||||||
14 | determined by the Board,
equal to (i) the difference between | ||||||
15 | the amount of employee and
employer contributions transferred | ||||||
16 | to the System under Section
7-139.7, and the amounts that would | ||||||
17 | have been contributed had such
contributions been made at the | ||||||
18 | rates applicable to State policemen, plus
(ii) interest thereon | ||||||
19 | at the effective rate for each year, compounded
annually, from | ||||||
20 | the date of service to the date of payment.
| ||||||
21 | (i) The total amount of eligible creditable service | ||||||
22 | established by any
person under subsections (g), (h), (j), (k), | ||||||
23 | and (l) of this
Section shall not exceed 12 years.
| ||||||
24 | (j) Subject to the limitation in subsection (i), an | ||||||
25 | investigator for
the Office of the State's Attorneys Appellate | ||||||
26 | Prosecutor or a controlled
substance inspector may elect to
|
| |||||||
| |||||||
1 | establish eligible creditable service for up to 10 years of his | ||||||
2 | service as
a policeman under Article 3 or a sheriff's law | ||||||
3 | enforcement employee under
Article 7, by filing a written | ||||||
4 | election with the Board, accompanied by
payment of an amount to | ||||||
5 | be determined by the Board, equal to (1) the
difference between | ||||||
6 | the amount of employee and employer contributions
transferred | ||||||
7 | to the System under Section 3-110.6 or 7-139.8, and the amounts
| ||||||
8 | that would have been contributed had such contributions been | ||||||
9 | made at the
rates applicable to State policemen, plus (2) | ||||||
10 | interest thereon at the
effective rate for each year, | ||||||
11 | compounded annually, from the date of service
to the date of | ||||||
12 | payment.
| ||||||
13 | (k) Subject to the limitation in subsection (i) of this | ||||||
14 | Section, an
alternative formula employee may elect to establish | ||||||
15 | eligible creditable
service for periods spent as a full-time | ||||||
16 | law enforcement officer or full-time
corrections officer | ||||||
17 | employed by the federal government or by a state or local
| ||||||
18 | government located outside of Illinois, for which credit is not | ||||||
19 | held in any
other public employee pension fund or retirement | ||||||
20 | system. To obtain this
credit, the applicant must file a | ||||||
21 | written application with the Board by March
31, 1998, | ||||||
22 | accompanied by evidence of eligibility acceptable to the Board | ||||||
23 | and
payment of an amount to be determined by the Board, equal | ||||||
24 | to (1) employee
contributions for the credit being established, | ||||||
25 | based upon the applicant's
salary on the first day as an | ||||||
26 | alternative formula employee after the employment
for which |
| |||||||
| |||||||
1 | credit is being established and the rates then applicable to
| ||||||
2 | alternative formula employees, plus (2) an amount determined by | ||||||
3 | the Board
to be the employer's normal cost of the benefits | ||||||
4 | accrued for the credit being
established, plus (3) regular | ||||||
5 | interest on the amounts in items (1) and (2) from
the first day | ||||||
6 | as an alternative formula employee after the employment for | ||||||
7 | which
credit is being established to the date of payment.
| ||||||
8 | (l) Subject to the limitation in subsection (i), a security | ||||||
9 | employee of
the Department of Corrections may elect, not later | ||||||
10 | than July 1, 1998, to
establish eligible creditable service for | ||||||
11 | up to 10 years of his or her service
as a policeman under | ||||||
12 | Article 3, by filing a written election with the Board,
| ||||||
13 | accompanied by payment of an amount to be determined by the | ||||||
14 | Board, equal to
(i) the difference between the amount of | ||||||
15 | employee and employer contributions
transferred to the System | ||||||
16 | under Section 3-110.5, and the amounts that would
have been | ||||||
17 | contributed had such contributions been made at the rates | ||||||
18 | applicable
to security employees of the Department of | ||||||
19 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
20 | for each year, compounded annually, from the date
of service to | ||||||
21 | the date of payment.
| ||||||
22 | (m) The amendatory changes to this Section made by this | ||||||
23 | amendatory Act of the 94th General Assembly apply only to: (1) | ||||||
24 | security employees of the Department of Juvenile Justice | ||||||
25 | employed by the Department of Corrections before the effective | ||||||
26 | date of this amendatory Act of the 94th General Assembly and |
| |||||||
| |||||||
1 | transferred to the Department of Juvenile Justice by this | ||||||
2 | amendatory Act of the 94th General Assembly; and (2) persons | ||||||
3 | employed by the Department of Juvenile Justice on or after the | ||||||
4 | effective date of this amendatory Act of the 94th General | ||||||
5 | Assembly who are required by subsection (b) of Section 3-2.5-15 | ||||||
6 | of the Unified Code of Corrections to have a bachelor's or | ||||||
7 | advanced degree from an accredited college or university with a | ||||||
8 | specialization in criminal justice, education, psychology, | ||||||
9 | social work, or a closely related social science or, in the | ||||||
10 | case of persons who provide vocational training, who are | ||||||
11 | required to have adequate knowledge in the skill for which they | ||||||
12 | are providing the vocational training.
| ||||||
13 | (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06 .)
| ||||||
14 | Section 20. The Riverboat Gambling Act is amended by | ||||||
15 | changing Sections 4, 5, and 13 and by adding Section 5.2 as | ||||||
16 | follows:
| ||||||
17 | (230 ILCS 10/4) (from Ch. 120, par. 2404)
| ||||||
18 | Sec. 4. Definitions. As used in this Act:
| ||||||
19 | (a) "Board" means the Illinois Gaming Board.
| ||||||
20 | (b) "Occupational license" means a license issued by the | ||||||
21 | Board to a
person or entity to perform an occupation which the | ||||||
22 | Board has identified as
requiring a license to engage in | ||||||
23 | riverboat gambling in Illinois.
| ||||||
24 | (c) "Gambling game" includes, but is not limited to, |
| |||||||
| |||||||
1 | baccarat,
twenty-one, poker, craps, slot machine, video game of | ||||||
2 | chance, roulette
wheel, klondike table, punchboard, faro | ||||||
3 | layout, keno layout, numbers
ticket, push card, jar ticket, or | ||||||
4 | pull tab which is authorized by the Board
as a wagering device | ||||||
5 | under this Act.
| ||||||
6 | (d) "Riverboat" means a self-propelled excursion boat, a
| ||||||
7 | permanently moored barge, or permanently moored barges that are | ||||||
8 | permanently
fixed together to operate as one vessel, on which | ||||||
9 | lawful gambling is
authorized and licensed as
provided in this | ||||||
10 | Act.
| ||||||
11 | (e) "Managers license" means a license issued by the Board | ||||||
12 | to a person or
entity
to manage gambling operations conducted | ||||||
13 | by the State pursuant to Section 7.3
7.2 .
| ||||||
14 | (f) "Dock" means the location where a riverboat moors for | ||||||
15 | the purpose of
embarking passengers for and disembarking | ||||||
16 | passengers from the riverboat.
| ||||||
17 | (g) "Gross receipts" means the total amount of money | ||||||
18 | exchanged for the
purchase of chips, tokens or electronic cards | ||||||
19 | by riverboat patrons.
| ||||||
20 | (h) "Adjusted gross receipts" means the gross receipts less
| ||||||
21 | winnings paid to wagerers.
| ||||||
22 | (i) "Cheat" means to alter the selection of criteria which | ||||||
23 | determine the
result of a gambling game or the amount or | ||||||
24 | frequency of payment in a gambling
game.
| ||||||
25 | (j) (Blank)
"Department" means the Department of Revenue .
| ||||||
26 | (k) "Gambling operation" means the conduct of authorized |
| |||||||
| |||||||
1 | gambling games
upon a riverboat.
| ||||||
2 | (l) "License bid" means the lump sum amount of money that | ||||||
3 | an applicant
bids and agrees to pay the State in return for an | ||||||
4 | owners license that is
re-issued on or after July 1, 2003.
| ||||||
5 | (m) The terms "minority person" and "female" shall have the | ||||||
6 | same meaning
as
defined in
Section 2 of the Business Enterprise | ||||||
7 | for Minorities, Females, and Persons with
Disabilities Act.
| ||||||
8 | (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; | ||||||
9 | revised 1-28-04.)
| ||||||
10 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
| ||||||
11 | Sec. 5. Gaming Board.
| ||||||
12 | (a) (1) There is hereby established the
within the | ||||||
13 | Department of Revenue an
Illinois Gaming Board , which shall | ||||||
14 | have the powers and duties specified in
this Act, and all other | ||||||
15 | powers necessary and proper to fully and
effectively execute | ||||||
16 | this Act for the purpose of administering, regulating,
and | ||||||
17 | enforcing the system of riverboat gambling established by this | ||||||
18 | Act. Its
jurisdiction shall extend under this Act to every | ||||||
19 | person, association,
corporation, partnership and trust | ||||||
20 | involved in riverboat gambling
operations in the State of | ||||||
21 | Illinois.
| ||||||
22 | (2) The Board shall consist of 5 members to be appointed by | ||||||
23 | the Governor
with the advice and consent of the Senate, one of | ||||||
24 | whom shall be designated
by the Governor to be chairman. Each | ||||||
25 | member shall have a reasonable
knowledge of the practice, |
| |||||||
| |||||||
1 | procedure and principles of gambling operations.
Each member | ||||||
2 | shall either be a resident of Illinois or shall certify that he
| ||||||
3 | will become a resident of Illinois before taking office. At | ||||||
4 | least one member
shall be experienced in law enforcement and | ||||||
5 | criminal investigation, at
least one member shall be a | ||||||
6 | certified public accountant experienced in
accounting and | ||||||
7 | auditing, and at least one member shall be a lawyer licensed
to | ||||||
8 | practice law in Illinois.
| ||||||
9 | (3) The terms of office of the Board members shall be 3 | ||||||
10 | years, except
that the terms of office of the initial Board | ||||||
11 | members appointed pursuant to
this Act will commence from the | ||||||
12 | effective date of this Act and run as
follows: one for a term | ||||||
13 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
14 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
15 | foregoing terms, the successors of such members shall serve a | ||||||
16 | term for 3
years and until their successors are appointed and | ||||||
17 | qualified for like terms.
Vacancies in the Board shall be | ||||||
18 | filled for the unexpired term in like
manner as original | ||||||
19 | appointments. Each member of the Board shall be
eligible for | ||||||
20 | reappointment at the discretion of the Governor with the
advice | ||||||
21 | and consent of the Senate.
| ||||||
22 | (4)
Each member of the Board shall receive $300 for each | ||||||
23 | day the
Board meets and for each day the member conducts any | ||||||
24 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
25 | also be reimbursed for all actual
and necessary expenses and | ||||||
26 | disbursements incurred in the execution of official
duties.
|
| |||||||
| |||||||
1 | (5) No person shall be appointed a member of the Board or | ||||||
2 | continue to be
a member of the Board who is, or whose spouse, | ||||||
3 | child or parent is, a member
of the board of directors of, or a | ||||||
4 | person financially interested in, any
gambling operation | ||||||
5 | subject to the jurisdiction of this Board, or any race
track, | ||||||
6 | race meeting, racing association or the operations thereof | ||||||
7 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
8 | Board member shall
hold any other public office for which he | ||||||
9 | shall receive compensation other
than necessary travel or other | ||||||
10 | incidental expenses. No person shall be a
member of the Board | ||||||
11 | who is not of good moral character or who has been
convicted | ||||||
12 | of, or is under indictment for, a felony under the laws of
| ||||||
13 | Illinois or any other state, or the United States.
| ||||||
14 | (6) Any member of the Board may be removed by the Governor | ||||||
15 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
16 | in office.
| ||||||
17 | (7) Before entering upon the discharge of the duties of his | ||||||
18 | office, each
member of the Board shall take an oath that he | ||||||
19 | will faithfully execute the
duties of his office according to | ||||||
20 | the laws of the State and the rules and
regulations adopted | ||||||
21 | therewith and shall give bond to the State of Illinois,
| ||||||
22 | approved by the Governor, in the sum of $25,000. Every such | ||||||
23 | bond, when
duly executed and approved, shall be recorded in the | ||||||
24 | office of the
Secretary of State. Whenever the Governor | ||||||
25 | determines that the bond of any
member of the Board has become | ||||||
26 | or is likely to become invalid or
insufficient, he shall |
| |||||||
| |||||||
1 | require such member forthwith to renew his bond,
which is to be | ||||||
2 | approved by the Governor. Any member of the Board who fails
to | ||||||
3 | take oath and give bond within 30 days from the date of his | ||||||
4 | appointment,
or who fails to renew his bond within 30 days | ||||||
5 | after it is demanded by the
Governor, shall be guilty of | ||||||
6 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
7 | any bond given by any member of the Board under this
Section | ||||||
8 | shall be taken to be a part of the necessary expenses of the | ||||||
9 | Board.
| ||||||
10 | (8) The
Upon the request of the Board , the Department shall | ||||||
11 | employ such
personnel as may be necessary to carry out its
the
| ||||||
12 | functions and shall determine the salaries of all personnel, | ||||||
13 | except those personnel whose salaries are determined under the | ||||||
14 | terms of a collective bargaining agreement
of the Board . No
| ||||||
15 | person shall be employed to serve the Board who is, or whose | ||||||
16 | spouse, parent
or child is, an official of, or has a financial | ||||||
17 | interest in or financial
relation with, any operator engaged in | ||||||
18 | gambling operations within this
State or any organization | ||||||
19 | engaged in conducting horse racing within this
State. Any | ||||||
20 | employee violating these prohibitions shall be subject to
| ||||||
21 | termination of employment.
| ||||||
22 | (9) An Administrator shall perform any and all duties that | ||||||
23 | the Board
shall assign him. The salary of the Administrator | ||||||
24 | shall be determined by
the Board and approved by the Director | ||||||
25 | of the Department and, in addition,
he shall be reimbursed for | ||||||
26 | all actual and necessary expenses incurred by
him in discharge |
| |||||||
| |||||||
1 | of his official duties. The Administrator shall keep
records of | ||||||
2 | all proceedings of the Board and shall preserve all records,
| ||||||
3 | books, documents and other papers belonging to the Board or | ||||||
4 | entrusted to
its care. The Administrator shall devote his full | ||||||
5 | time to the duties of
the office and shall not hold any other | ||||||
6 | office or employment.
| ||||||
7 | (b) The Board shall have general responsibility for the | ||||||
8 | implementation
of this Act. Its duties include, without | ||||||
9 | limitation, the following:
| ||||||
10 | (1) To decide promptly and in reasonable order all | ||||||
11 | license applications.
Any party aggrieved by an action of | ||||||
12 | the Board denying, suspending,
revoking, restricting or | ||||||
13 | refusing to renew a license may request a hearing
before | ||||||
14 | the Board. A request for a hearing must be made to the | ||||||
15 | Board in
writing within 5 days after service of notice of | ||||||
16 | the action of the Board.
Notice of the action of the Board | ||||||
17 | shall be served either by personal
delivery or by certified | ||||||
18 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
19 | served by certified mail shall be deemed complete on the | ||||||
20 | business
day following the date of such mailing. The Board | ||||||
21 | shall conduct all
requested hearings promptly and in | ||||||
22 | reasonable order;
| ||||||
23 | (2) To conduct all hearings pertaining to civil | ||||||
24 | violations of this Act
or rules and regulations promulgated | ||||||
25 | hereunder;
| ||||||
26 | (3) To promulgate such rules and regulations as in its |
| |||||||
| |||||||
1 | judgment may be
necessary to protect or enhance the | ||||||
2 | credibility and integrity of gambling
operations | ||||||
3 | authorized by this Act and the regulatory process | ||||||
4 | hereunder;
| ||||||
5 | (4) To provide for the establishment and collection of | ||||||
6 | all license and
registration fees and taxes imposed by this | ||||||
7 | Act and the rules and
regulations issued pursuant hereto. | ||||||
8 | All such fees and taxes shall be
deposited into the State | ||||||
9 | Gaming Fund;
| ||||||
10 | (5) To provide for the levy and collection of penalties | ||||||
11 | and fines for the
violation of provisions of this Act and | ||||||
12 | the rules and regulations
promulgated hereunder. All such | ||||||
13 | fines and penalties shall be deposited
into the Education | ||||||
14 | Assistance Fund, created by Public Act 86-0018, of the
| ||||||
15 | State of Illinois;
| ||||||
16 | (6) To be present through its inspectors and agents any | ||||||
17 | time gambling
operations are conducted on any riverboat for | ||||||
18 | the purpose of certifying the
revenue thereof, receiving | ||||||
19 | complaints from the public, and conducting such
other | ||||||
20 | investigations into the conduct of the gambling games and | ||||||
21 | the
maintenance of the equipment as from time to time the | ||||||
22 | Board may deem
necessary and proper;
| ||||||
23 | (7) To review and rule upon any complaint by a licensee
| ||||||
24 | regarding any investigative procedures of the State which | ||||||
25 | are unnecessarily
disruptive of gambling operations. The | ||||||
26 | need to inspect and investigate
shall be presumed at all |
| |||||||
| |||||||
1 | times. The disruption of a licensee's operations
shall be | ||||||
2 | proved by clear and convincing evidence, and establish | ||||||
3 | that: (A)
the procedures had no reasonable law enforcement | ||||||
4 | purposes, and (B) the
procedures were so disruptive as to | ||||||
5 | unreasonably inhibit gambling operations;
| ||||||
6 | (8) To hold at least one meeting each quarter of the | ||||||
7 | fiscal
year. In addition, special meetings may be called by | ||||||
8 | the Chairman or any 2
Board members upon 72 hours written | ||||||
9 | notice to each member. All Board
meetings shall be subject | ||||||
10 | to the Open Meetings Act. Three members of the
Board shall | ||||||
11 | constitute a quorum, and 3 votes shall be required for any
| ||||||
12 | final determination by the Board. The Board shall keep a | ||||||
13 | complete and
accurate record of all its meetings. A | ||||||
14 | majority of the members of the Board
shall constitute a | ||||||
15 | quorum for the transaction of any business, for the
| ||||||
16 | performance of any duty, or for the exercise of any power | ||||||
17 | which this Act
requires the Board members to transact, | ||||||
18 | perform or exercise en banc, except
that, upon order of the | ||||||
19 | Board, one of the Board members or an
administrative law | ||||||
20 | judge designated by the Board may conduct any hearing
| ||||||
21 | provided for under this Act or by Board rule and may | ||||||
22 | recommend findings and
decisions to the Board. The Board | ||||||
23 | member or administrative law judge
conducting such hearing | ||||||
24 | shall have all powers and rights granted to the
Board in | ||||||
25 | this Act. The record made at the time of the hearing shall | ||||||
26 | be
reviewed by the Board, or a majority thereof, and the |
| |||||||
| |||||||
1 | findings and decision
of the majority of the Board shall | ||||||
2 | constitute the order of the Board in
such case;
| ||||||
3 | (9) To maintain records which are separate and distinct | ||||||
4 | from the records
of any other State board or commission. | ||||||
5 | Such records shall be available
for public inspection and | ||||||
6 | shall accurately reflect all Board proceedings;
| ||||||
7 | (10) To file a written annual report with the Governor | ||||||
8 | on or before
March 1 each year and such additional reports | ||||||
9 | as the Governor may request.
The annual report shall | ||||||
10 | include a statement of receipts and disbursements
by the | ||||||
11 | Board, actions taken by the Board, and any additional | ||||||
12 | information
and recommendations which the Board may deem | ||||||
13 | valuable or which the Governor
may request;
| ||||||
14 | (11) (Blank); and
| ||||||
15 | (12) (Blank); and
To assume responsibility for the | ||||||
16 | administration and
enforcement of the Bingo License and Tax | ||||||
17 | Act, the Charitable Games Act, and
the Pull Tabs and Jar | ||||||
18 | Games Act if such responsibility is delegated to it
by the | ||||||
19 | Director of Revenue.
| ||||||
20 | (13) To adopt, by rule, a code of conduct governing | ||||||
21 | Board members and employees that ensure, to the maximum | ||||||
22 | extent possible, that persons subject to this Code avoid | ||||||
23 | situations, relationships, or associations that may | ||||||
24 | represent or lead to a conflict of interest.
| ||||||
25 | (c) The Board shall have jurisdiction over and shall | ||||||
26 | supervise all
gambling operations governed by this Act. The |
| |||||||
| |||||||
1 | Board shall have all powers
necessary and proper to fully and | ||||||
2 | effectively execute the provisions of
this Act, including, but | ||||||
3 | not limited to, the following:
| ||||||
4 | (1) To investigate applicants and determine the | ||||||
5 | eligibility of
applicants for licenses and to select among | ||||||
6 | competing applicants the
applicants which best serve the | ||||||
7 | interests of the citizens of Illinois.
| ||||||
8 | (2) To have jurisdiction and supervision over all | ||||||
9 | riverboat gambling
operations in this State and all persons | ||||||
10 | on riverboats where gambling
operations are conducted.
| ||||||
11 | (3) To promulgate rules and regulations for the purpose | ||||||
12 | of administering
the provisions of this Act and to | ||||||
13 | prescribe rules, regulations and
conditions under which | ||||||
14 | all riverboat gambling in the State shall be
conducted. | ||||||
15 | Such rules and regulations are to provide for the | ||||||
16 | prevention of
practices detrimental to the public interest | ||||||
17 | and for the best interests of
riverboat gambling, including | ||||||
18 | rules and regulations regarding the
inspection of such | ||||||
19 | riverboats and the review of any permits or licenses
| ||||||
20 | necessary to operate a riverboat under any laws or | ||||||
21 | regulations applicable
to riverboats, and to impose | ||||||
22 | penalties for violations thereof.
| ||||||
23 | (4) To enter the office, riverboats, facilities, or | ||||||
24 | other
places of business of a licensee, where evidence of | ||||||
25 | the compliance or
noncompliance with the provisions of this | ||||||
26 | Act is likely to be found.
|
| |||||||
| |||||||
1 | (5) To investigate alleged violations of this Act or | ||||||
2 | the
rules of the Board and to take appropriate disciplinary
| ||||||
3 | action against a licensee or a holder of an occupational | ||||||
4 | license for a
violation, or institute appropriate legal | ||||||
5 | action for enforcement, or both.
| ||||||
6 | (6) To adopt standards for the licensing of all persons | ||||||
7 | under this Act,
as well as for electronic or mechanical | ||||||
8 | gambling games, and to establish
fees for such licenses.
| ||||||
9 | (7) To adopt appropriate standards for all riverboats
| ||||||
10 | and facilities.
| ||||||
11 | (8) To require that the records, including financial or | ||||||
12 | other statements
of any licensee under this Act, shall be | ||||||
13 | kept in such manner as prescribed
by the Board and that any | ||||||
14 | such licensee involved in the ownership or
management of | ||||||
15 | gambling operations submit to the Board an annual balance
| ||||||
16 | sheet and profit and loss statement, list of the | ||||||
17 | stockholders or other
persons having
a 1% or greater
| ||||||
18 | beneficial interest in the gambling
activities of each | ||||||
19 | licensee, and any other information the Board deems
| ||||||
20 | necessary in order to effectively administer this Act and | ||||||
21 | all rules,
regulations, orders and final decisions | ||||||
22 | promulgated under this Act.
| ||||||
23 | (9) To conduct hearings, issue subpoenas for the | ||||||
24 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
25 | production of books, records
and other pertinent documents | ||||||
26 | in accordance with the Illinois
Administrative Procedure |
| |||||||
| |||||||
1 | Act, and to administer oaths and affirmations to
the | ||||||
2 | witnesses, when, in the judgment of the Board, it is | ||||||
3 | necessary to
administer or enforce this Act or the Board | ||||||
4 | rules.
| ||||||
5 | (10) To prescribe a form to be used by any licensee | ||||||
6 | involved in the
ownership or management of gambling | ||||||
7 | operations as an
application for employment for their | ||||||
8 | employees.
| ||||||
9 | (11) To revoke or suspend licenses, as the Board may | ||||||
10 | see fit and in
compliance with applicable laws of the State | ||||||
11 | regarding administrative
procedures, and to review | ||||||
12 | applications for the renewal of licenses. The
Board may | ||||||
13 | suspend an owners license, without notice or hearing upon a
| ||||||
14 | determination that the safety or health of patrons or | ||||||
15 | employees is
jeopardized by continuing a riverboat's | ||||||
16 | operation. The suspension may
remain in effect until the | ||||||
17 | Board determines that the cause for suspension
has been | ||||||
18 | abated. The Board may revoke the owners license upon a
| ||||||
19 | determination that the owner has not made satisfactory | ||||||
20 | progress toward
abating the hazard.
| ||||||
21 | (12) To eject or exclude or authorize the ejection or | ||||||
22 | exclusion of, any
person from riverboat gambling | ||||||
23 | facilities where such person is in violation
of this Act, | ||||||
24 | rules and regulations thereunder, or final orders of the
| ||||||
25 | Board, or where such person's conduct or reputation is such | ||||||
26 | that his
presence within the riverboat gambling facilities |
| |||||||
| |||||||
1 | may, in the opinion of
the Board, call into question the | ||||||
2 | honesty and integrity of the gambling
operations or | ||||||
3 | interfere with orderly conduct thereof; provided that the
| ||||||
4 | propriety of such ejection or exclusion is subject to | ||||||
5 | subsequent hearing
by the Board.
| ||||||
6 | (13) To require all licensees of gambling operations to | ||||||
7 | utilize a
cashless wagering system whereby all players' | ||||||
8 | money is converted to tokens,
electronic cards, or chips | ||||||
9 | which shall be used only for wagering in the
gambling | ||||||
10 | establishment.
| ||||||
11 | (14) (Blank).
| ||||||
12 | (15) To suspend, revoke or restrict licenses, to | ||||||
13 | require the
removal of a licensee or an employee of a | ||||||
14 | licensee for a violation of this
Act or a Board rule or for | ||||||
15 | engaging in a fraudulent practice, and to
impose civil | ||||||
16 | penalties of up to $5,000 against individuals and up to
| ||||||
17 | $10,000 or an amount equal to the daily gross receipts, | ||||||
18 | whichever is
larger, against licensees for each violation | ||||||
19 | of any provision of the Act,
any rules adopted by the | ||||||
20 | Board, any order of the Board or any other action
which, in | ||||||
21 | the Board's discretion, is a detriment or impediment to | ||||||
22 | riverboat
gambling operations.
| ||||||
23 | (16) To hire employees to gather information, conduct | ||||||
24 | investigations
and carry out any other tasks contemplated | ||||||
25 | under this Act.
| ||||||
26 | (17) To establish minimum levels of insurance to be |
| |||||||
| |||||||
1 | maintained by
licensees.
| ||||||
2 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
3 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
4 | of 1934 on board a riverboat
and to have exclusive | ||||||
5 | authority to establish the hours for sale and
consumption | ||||||
6 | of alcoholic liquor on board a riverboat, notwithstanding | ||||||
7 | any
provision of the Liquor Control Act of 1934 or any | ||||||
8 | local ordinance, and
regardless of whether the riverboat | ||||||
9 | makes excursions. The
establishment of the hours for sale | ||||||
10 | and consumption of alcoholic liquor on
board a riverboat is | ||||||
11 | an exclusive power and function of the State. A home
rule | ||||||
12 | unit may not establish the hours for sale and consumption | ||||||
13 | of alcoholic
liquor on board a riverboat. This amendatory | ||||||
14 | Act of 1991 is a denial and
limitation of home rule powers | ||||||
15 | and functions under subsection (h) of
Section 6 of Article | ||||||
16 | VII of the Illinois Constitution.
| ||||||
17 | (19) After consultation with the U.S. Army Corps of | ||||||
18 | Engineers, to
establish binding emergency orders upon the | ||||||
19 | concurrence of a majority of
the members of the Board | ||||||
20 | regarding the navigability of water, relative to
| ||||||
21 | excursions,
in the event
of extreme weather conditions, | ||||||
22 | acts of God or other extreme circumstances.
| ||||||
23 | (20) To delegate the execution of any of its powers | ||||||
24 | under this Act for
the purpose of administering and | ||||||
25 | enforcing this Act and its rules and
regulations hereunder.
| ||||||
26 | (20.5) To approve any contract entered into on its |
| |||||||
| |||||||
1 | behalf.
| ||||||
2 | (20.6) To appoint investigators to conduct all | ||||||
3 | investigations, searches, seizures, arrests, and other | ||||||
4 | duties imposed under this Act. These investigators have and | ||||||
5 | may exercise all the rights and powers of peace officers, | ||||||
6 | provided that these powers shall be limited to offenses or | ||||||
7 | violations occurring or committed on a riverboat or dock, | ||||||
8 | as defined in subsections (d) and (f) of Section 4. The | ||||||
9 | Board must issue to each investigator a distinct badge | ||||||
10 | that, on its face, (i) clearly states that the badge is
| ||||||
11 | authorized
by the
Board and (ii)
contains a unique | ||||||
12 | identifying number.
No other badge shall be authorized by
| ||||||
13 | the Board.
| ||||||
14 | (21) To take any other action as may be reasonable or | ||||||
15 | appropriate to
enforce this Act and rules and regulations | ||||||
16 | hereunder.
| ||||||
17 | (d) The Board may seek and shall receive the cooperation of | ||||||
18 | the
Department of State Police in conducting background | ||||||
19 | investigations of
applicants and in fulfilling its | ||||||
20 | responsibilities under
this Section. Costs incurred by the | ||||||
21 | Department of State Police as
a result of such cooperation | ||||||
22 | shall be paid by the Board in conformance
with the requirements | ||||||
23 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
24 | ILCS 2605/2605-400).
| ||||||
25 | (e) The Board must authorize to each investigator and to | ||||||
26 | any other
employee of the Board exercising the powers of a |
| |||||||
| |||||||
1 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
2 | states that the badge is authorized by the Board
and
(ii) | ||||||
3 | contains a unique identifying number. No other badge shall be | ||||||
4 | authorized
by the Board.
| ||||||
5 | (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, | ||||||
6 | eff.
1-1-01.)
| ||||||
7 | (230 ILCS 10/5.2 new)
| ||||||
8 | Sec. 5.2. Separation from Department of Revenue. On the | ||||||
9 | effective date of this amendatory Act of the 95th General | ||||||
10 | Assembly, all of the powers, duties, assets, liabilities, | ||||||
11 | employees, contracts, property, records, pending business, and | ||||||
12 | unexpended appropriations of the Department of Revenue related | ||||||
13 | to the administration and enforcement of this Act are | ||||||
14 | transferred to the Illinois Gaming Board. | ||||||
15 | The status and rights of the transferred employees, and the | ||||||
16 | rights of the State of Illinois and its agencies, under the | ||||||
17 | Personnel Code and applicable collective bargaining agreements | ||||||
18 | or under any pension, retirement, or annuity plan are not | ||||||
19 | affected (except as provided in Sections 14-110 and 18-127 of | ||||||
20 | the Illinois Pension Code) by that transfer or by any other | ||||||
21 | provision of this amendatory Act of the 95th General Assembly.
| ||||||
22 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
23 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
24 | (a) Until January 1, 1998, a tax is imposed on the adjusted |
| |||||||
| |||||||
1 | gross
receipts received from gambling games authorized under | ||||||
2 | this Act at the rate of
20%.
| ||||||
3 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
4 | tax is
imposed on persons engaged in the business of conducting | ||||||
5 | riverboat gambling
operations, based on the adjusted gross | ||||||
6 | receipts received by a licensed owner
from gambling games | ||||||
7 | authorized under this Act at the following rates:
| ||||||
8 | 15% of annual adjusted gross receipts up to and | ||||||
9 | including $25,000,000;
| ||||||
10 | 20% of annual adjusted gross receipts in excess of | ||||||
11 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
12 | 25% of annual adjusted gross receipts in excess of | ||||||
13 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
14 | 30% of annual adjusted gross receipts in excess of | ||||||
15 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
16 | 35% of annual adjusted gross receipts in excess of | ||||||
17 | $100,000,000.
| ||||||
18 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
19 | is imposed on
persons engaged in the business of conducting | ||||||
20 | riverboat gambling operations,
other than licensed managers | ||||||
21 | conducting riverboat gambling operations on behalf
of the | ||||||
22 | State, based on the adjusted gross receipts received by a | ||||||
23 | licensed
owner from gambling games authorized under this Act at | ||||||
24 | the following rates:
| ||||||
25 | 15% of annual adjusted gross receipts up to and | ||||||
26 | including $25,000,000;
|
| |||||||
| |||||||
1 | 22.5% of annual adjusted gross receipts in excess of | ||||||
2 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
3 | 27.5% of annual adjusted gross receipts in excess of | ||||||
4 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
5 | 32.5% of annual adjusted gross receipts in excess of | ||||||
6 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
7 | 37.5% of annual adjusted gross receipts in excess of | ||||||
8 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
9 | 45% of annual adjusted gross receipts in excess of | ||||||
10 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
11 | 50% of annual adjusted gross receipts in excess of | ||||||
12 | $200,000,000.
| ||||||
13 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
14 | persons engaged
in the business of conducting riverboat | ||||||
15 | gambling operations, other than
licensed managers conducting | ||||||
16 | riverboat gambling operations on behalf of the
State, based on | ||||||
17 | the adjusted gross receipts received by a licensed owner from
| ||||||
18 | gambling games authorized under this Act at the following | ||||||
19 | rates:
| ||||||
20 | 15% of annual adjusted gross receipts up to and | ||||||
21 | including $25,000,000;
| ||||||
22 | 27.5% of annual adjusted gross receipts in excess of | ||||||
23 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
24 | 32.5% of annual adjusted gross receipts in excess of | ||||||
25 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
26 | 37.5% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
2 | 45% of annual adjusted gross receipts in excess of | ||||||
3 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
4 | 50% of annual adjusted gross receipts in excess of | ||||||
5 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
6 | 70% of annual adjusted gross receipts in excess of | ||||||
7 | $250,000,000.
| ||||||
8 | An amount equal to the amount of wagering taxes collected | ||||||
9 | under this
subsection (a-3) that are in addition to the amount | ||||||
10 | of wagering taxes that
would have been collected if the | ||||||
11 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
12 | be paid into the Common School Fund.
| ||||||
13 | The privilege tax imposed under this subsection (a-3) shall | ||||||
14 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
15 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
16 | gambling operations are conducted
pursuant to a dormant | ||||||
17 | license; or (iii) the first day that riverboat gambling
| ||||||
18 | operations are conducted under the authority of an owners | ||||||
19 | license that is in
addition to the 10 owners licenses initially | ||||||
20 | authorized under this Act.
For the purposes of this subsection | ||||||
21 | (a-3), the term "dormant license"
means an owners license that | ||||||
22 | is authorized by this Act under which no
riverboat gambling | ||||||
23 | operations are being conducted on June 20, 2003.
| ||||||
24 | (a-4) Beginning on the first day on which the tax imposed | ||||||
25 | under
subsection (a-3) is no longer imposed, a privilege tax is | ||||||
26 | imposed on persons
engaged in the business of conducting |
| |||||||
| |||||||
1 | riverboat gambling operations, other
than licensed managers | ||||||
2 | conducting riverboat gambling operations on behalf of
the | ||||||
3 | State, based on the adjusted gross receipts received by a | ||||||
4 | licensed owner
from gambling games authorized under this Act at | ||||||
5 | the following rates:
| ||||||
6 | 15% of annual adjusted gross receipts up to and | ||||||
7 | including $25,000,000;
| ||||||
8 | 22.5% of annual adjusted gross receipts in excess of | ||||||
9 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
10 | 27.5% of annual adjusted gross receipts in excess of | ||||||
11 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
12 | 32.5% of annual adjusted gross receipts in excess of | ||||||
13 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
14 | 37.5% of annual adjusted gross receipts in excess of | ||||||
15 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
16 | 45% of annual adjusted gross receipts in excess of | ||||||
17 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
18 | 50% of annual adjusted gross receipts in excess of | ||||||
19 | $200,000,000.
| ||||||
20 | (a-8) Riverboat gambling operations conducted by a | ||||||
21 | licensed manager on
behalf of the State are not subject to the | ||||||
22 | tax imposed under this Section.
| ||||||
23 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
24 | the licensed
owner to the Board not later than 3:00 o'clock | ||||||
25 | p.m. of the day after the day
when the wagers were made.
| ||||||
26 | (a-15) If the privilege tax imposed under subsection (a-3) |
| |||||||
| |||||||
1 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
2 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
3 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
4 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
5 | the payment of all amounts otherwise due under this Section, | ||||||
6 | pay to the Board a reconciliation payment in the amount, if | ||||||
7 | any, by which the licensed owner's base amount exceeds the | ||||||
8 | amount of net privilege tax paid by the licensed owner to the | ||||||
9 | Board in the then current State fiscal year. A licensed owner's | ||||||
10 | net privilege tax obligation due for the balance of the State | ||||||
11 | fiscal year shall be reduced up to the total of the amount paid | ||||||
12 | by the licensed owner in its June 15 reconciliation payment. | ||||||
13 | The obligation imposed by this subsection (a-15) is binding on | ||||||
14 | any person, firm, corporation, or other entity that acquires an | ||||||
15 | ownership interest in any such owners license. The obligation | ||||||
16 | imposed under this subsection (a-15) terminates on the earliest | ||||||
17 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
18 | date of this amendatory Act of the 94th General Assembly that | ||||||
19 | riverboat gambling operations are conducted pursuant to a | ||||||
20 | dormant license, (iii) the first day that riverboat gambling | ||||||
21 | operations are conducted under the authority of an owners | ||||||
22 | license that is in addition to the 10 owners licenses initially | ||||||
23 | authorized under this Act, or (iv) the first day that a | ||||||
24 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
25 | gaming operations with slot machines or other electronic gaming | ||||||
26 | devices. The Board must reduce the obligation imposed under |
| |||||||
| |||||||
1 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
2 | for any of the following reasons: (A) an act or acts of God, | ||||||
3 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
4 | terrorism threat that was investigated by a law enforcement | ||||||
5 | agency, or (C) a condition beyond the control of the owners | ||||||
6 | licensee that does not result from any act or omission by the | ||||||
7 | owners licensee or any of its agents and that poses a hazardous | ||||||
8 | threat to the health and safety of patrons. If an owners | ||||||
9 | licensee pays an amount in excess of its liability under this | ||||||
10 | Section, the Board shall apply the overpayment to future | ||||||
11 | payments required under this Section. | ||||||
12 | For purposes of this subsection (a-15): | ||||||
13 | "Act of God" means an incident caused by the operation of | ||||||
14 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
15 | avoided by the exercise of due care, and for which no person | ||||||
16 | can be held liable.
| ||||||
17 | "Base amount" means the following: | ||||||
18 | For a riverboat in Alton, $31,000,000.
| ||||||
19 | For a riverboat in East Peoria, $43,000,000.
| ||||||
20 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
21 | For a riverboat in Metropolis, $45,000,000.
| ||||||
22 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
23 | For a riverboat in Aurora, $86,000,000.
| ||||||
24 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
25 | For a riverboat in Elgin, $198,000,000.
| ||||||
26 | "Dormant license" has the meaning ascribed to it in |
| |||||||
| |||||||
1 | subsection (a-3).
| ||||||
2 | "Net privilege tax" means all privilege taxes paid by a | ||||||
3 | licensed owner to the Board under this Section, less all | ||||||
4 | payments made from the State Gaming Fund pursuant to subsection | ||||||
5 | (b) of this Section. | ||||||
6 | The changes made to this subsection (a-15) by Public Act | ||||||
7 | 94-839
this amendatory Act of the 94th General Assembly are | ||||||
8 | intended to restate and clarify the intent of Public Act 94-673 | ||||||
9 | with respect to the amount of the payments required to be made | ||||||
10 | under this subsection by an owners licensee to the Board.
| ||||||
11 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
12 | in the State
Gaming Fund under this Section shall be paid, | ||||||
13 | subject to appropriation by the
General Assembly, to the unit | ||||||
14 | of local government which is designated as the
home dock of the | ||||||
15 | riverboat. Beginning January 1, 1998, from the tax revenue
| ||||||
16 | deposited in the State Gaming Fund under this Section, an | ||||||
17 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
18 | riverboat shall be paid monthly, subject
to appropriation by | ||||||
19 | the General Assembly, to the unit of local government that
is | ||||||
20 | designated as the home dock of the riverboat. From the tax | ||||||
21 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
22 | riverboat gambling operations
conducted by a licensed manager | ||||||
23 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
24 | receipts generated pursuant to those riverboat gambling
| ||||||
25 | operations shall be paid monthly,
subject to appropriation by | ||||||
26 | the General Assembly, to the unit of local
government that is |
| |||||||
| |||||||
1 | designated as the home dock of the riverboat upon which
those | ||||||
2 | riverboat gambling operations are conducted.
| ||||||
3 | (c) Appropriations, as approved by the General Assembly, | ||||||
4 | may be made
from the State Gaming Fund to the Board (i)
| ||||||
5 | Department of Revenue and the Department
of State Police for | ||||||
6 | the administration and enforcement of this Act, (ii) for | ||||||
7 | distribution to the Department of State Police for the | ||||||
8 | enforcement of this Act, and (iii)
or to the
Department of | ||||||
9 | Human Services for the administration of programs to treat
| ||||||
10 | problem gambling.
| ||||||
11 | (c-5) Before May 26, 2006 ( the effective date of Public Act | ||||||
12 | 94-804)
this amendatory Act of the 94th General Assembly and | ||||||
13 | beginning 2 years after May 26, 2006 ( the effective date of | ||||||
14 | Public Act 94-804)
this amendatory Act of the 94th General | ||||||
15 | Assembly , after the payments required under subsections (b) and | ||||||
16 | (c) have been
made, an amount equal to 15% of the adjusted | ||||||
17 | gross receipts of (1) an owners
licensee that relocates | ||||||
18 | pursuant to Section 11.2,
(2) an owners licensee
conducting | ||||||
19 | riverboat gambling operations
pursuant to an
owners license | ||||||
20 | that is initially issued after June
25, 1999,
or (3) the first
| ||||||
21 | riverboat gambling operations conducted by a licensed manager | ||||||
22 | on behalf of the
State under Section 7.3,
whichever comes | ||||||
23 | first, shall be paid from the State
Gaming Fund into the Horse | ||||||
24 | Racing Equity Fund.
| ||||||
25 | (c-10) Each year the General Assembly shall appropriate | ||||||
26 | from the General
Revenue Fund to the Education Assistance Fund |
| |||||||
| |||||||
1 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
2 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
3 | (c-15) After the payments required under subsections (b), | ||||||
4 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
5 | adjusted gross receipts of (1)
an owners licensee that | ||||||
6 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
7 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
8 | license that is initially issued after June 25, 1999,
or (3) | ||||||
9 | the first
riverboat gambling operations conducted by a licensed | ||||||
10 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
11 | comes first, shall be paid, subject to appropriation
from the | ||||||
12 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
13 | county with a population of over 3,000,000 inhabitants for the | ||||||
14 | purpose of
enhancing the county's criminal justice system.
| ||||||
15 | (c-20) Each year the General Assembly shall appropriate | ||||||
16 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
17 | an amount equal to the amount
paid to each home rule county | ||||||
18 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
19 | subsection (c-15) in the prior calendar year.
| ||||||
20 | (c-25) After the payments required under subsections (b), | ||||||
21 | (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | ||||||
22 | the
adjusted gross receipts of (1) an owners licensee
that
| ||||||
23 | relocates pursuant to Section 11.2, (2) an
owners
licensee | ||||||
24 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
25 | license
that is initially issued after June 25, 1999,
or (3) | ||||||
26 | the first
riverboat gambling operations conducted by a licensed |
| |||||||
| |||||||
1 | manager on behalf of the
State under Section 7.3,
whichever
| ||||||
2 | comes first,
shall be paid from the State
Gaming Fund to | ||||||
3 | Chicago State University.
| ||||||
4 | (d) From time to time, the
Board shall transfer the | ||||||
5 | remainder of the funds
generated by this Act into the Education
| ||||||
6 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
7 | Illinois.
| ||||||
8 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
9 | government
designated as the home dock of the riverboat from | ||||||
10 | entering into agreements
with other units of local government | ||||||
11 | in this State or in other states to
share its portion of the | ||||||
12 | tax revenue.
| ||||||
13 | (f) To the extent practicable, the Board shall administer | ||||||
14 | and collect the
wagering taxes imposed by this Section in a | ||||||
15 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
16 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
17 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
18 | Penalty and Interest Act.
| ||||||
19 | (Source: P.A. 93-27, eff. 6-20-03; 93-28, eff. 6-20-03; 94-673, | ||||||
20 | eff. 8-23-05; 94-804, eff. 5-26-06; 94-839, eff. 6-6-06; | ||||||
21 | revised 8-3-06.)
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law. |