Sen. Rickey R. Hendon
Filed: 9/18/2007
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1 | AMENDMENT TO HOUSE BILL 2035
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2 | AMENDMENT NO. ______. Amend House Bill 2035 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Chicago Casino Development Authority Act.
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6 | Section 5. Definitions.
As used in this Act: | ||||||
7 | "Authority" means the Chicago Casino Development Authority | ||||||
8 | created by this
Act. | ||||||
9 | "Board" means the board appointed pursuant to this Act to | ||||||
10 | govern and control
the Authority.
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11 | "Casino" means one or more temporary land-based or | ||||||
12 | river-based facilities and a permanent land-based facility, at | ||||||
13 | each of which lawful gambling is authorized
and licensed as | ||||||
14 | provided in the Riverboat and Casino Gambling Act.
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15 | "City" means the City of Chicago.
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16 | "Casino operator" means any person developing or managing a |
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1 | casino
pursuant to a casino development and management | ||||||
2 | contract.
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3 | "Casino development and management contract" means a | ||||||
4 | legally binding
agreement between the Board and one or more | ||||||
5 | casino operators, as specified in
Section 45 of this Act.
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6 | "Executive director" means the person appointed by the | ||||||
7 | Board to oversee the
daily operations of the Authority.
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8 | "Gaming Board" means the Illinois Gaming Board created by | ||||||
9 | the Riverboat
and Casino Gambling Act.
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10 | "Mayor" means the Mayor of the City.
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11 | Section 12. Authority; duties. | ||||||
12 | (a) There is hereby created a political subdivision, unit | ||||||
13 | of local government with only those powers authorized by law, | ||||||
14 | body politic, and municipal corporation, by the name and style | ||||||
15 | of Chicago Casino Development Authority. | ||||||
16 | (b) It shall be the duty of the Authority to promote, | ||||||
17 | operate, and maintain a casino in the City of Chicago and to | ||||||
18 | construct, equip, and maintain grounds, buildings, and | ||||||
19 | facilities for that purpose. The Authority is granted all | ||||||
20 | rights and powers necessary to perform such duties. | ||||||
21 | Section 15. Board. | ||||||
22 | (a) The governing and administrative powers of the | ||||||
23 | Authority shall be vested
in a body known as the Chicago Casino | ||||||
24 | Development Board. The Board shall
consist of 5 members; 3 |
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1 | members of the Board shall be appointed by the Mayor, with the
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2 | advice and consent of the corporate authorities of the City, | ||||||
3 | and 2 members of the Board shall be appointed by the Governor, | ||||||
4 | with the advice and consent of the Senate. All appointees shall | ||||||
5 | be subject to background investigation and approval by the | ||||||
6 | Gaming Board. One of these
members shall be designated
by the | ||||||
7 | Mayor to serve as chairperson. If the corporate authorities | ||||||
8 | fail to
approve or reject a proposed appointment by the Mayor | ||||||
9 | within 45 days after the
Mayor has submitted the proposed | ||||||
10 | appointment to the corporate authorities, the
corporate | ||||||
11 | authorities shall be deemed to have
given consent to the | ||||||
12 | appointment.
All of the members
appointed by the Mayor shall be | ||||||
13 | residents of the City.
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14 | (b) A Board member shall not hold any other public office | ||||||
15 | under the laws or
Constitution of this State or any political | ||||||
16 | subdivision thereof.
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17 | (c) Board members shall receive $300 for each day the | ||||||
18 | Authority meets and
shall be entitled to reimbursement of | ||||||
19 | reasonable expenses incurred in the
performance of their | ||||||
20 | official duties. A Board member who serves in the office
of | ||||||
21 | secretary or treasurer may also receive compensation for | ||||||
22 | services provided
as that officer.
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23 | Section 20. Terms of appointments; resignation and | ||||||
24 | removal. | ||||||
25 | (a) The Mayor and Governor shall each appoint one member of |
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1 | the Board for an initial term
expiring July 1,
2008 and shall | ||||||
2 | each appoint one member for an initial term expiring July 1, | ||||||
3 | 2010, and the Mayor shall appoint one member, who
shall serve | ||||||
4 | as chairperson, for
an initial term expiring July 1, 2012. At | ||||||
5 | the expiration of the term of any
member, his or her successor | ||||||
6 | shall be appointed by the
Mayor or Governor, as appropriate, in | ||||||
7 | like manner
as appointments for the initial terms.
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8 | (b) All successors shall hold office for a term of 5 years | ||||||
9 | from the first
day
of July of the year in which they are | ||||||
10 | appointed, except in the case of an
appointment to fill a | ||||||
11 | vacancy. All subsequent chairpersons shall hold office
for a | ||||||
12 | term of 5 years. Each member, including the chairperson, shall | ||||||
13 | hold
office until the expiration of his or her term and until | ||||||
14 | his or her successor
is appointed. Nothing shall preclude a | ||||||
15 | member or a chairperson from serving
consecutive terms. Any
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16 | member may resign from his or her office, to take effect when | ||||||
17 | his or her
successor has been appointed and has qualified.
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18 | (c) The Mayor may remove any member of the Board appointed | ||||||
19 | by the Mayor and the Governor may remove any member of the | ||||||
20 | Board appointed by the Governor upon
a finding of incompetence, | ||||||
21 | neglect of duty, misfeasance or malfeasance in
office, or for a | ||||||
22 | violation of Ethics Section 32, on the part of the board member | ||||||
23 | to be
removed. In addition the Gaming Board may remove any | ||||||
24 | member of the Board for violation of any provision of the | ||||||
25 | Riverboat and Casino Gambling Act or the rules and regulations | ||||||
26 | of the Gaming Board. In case of a member's failure to qualify |
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1 | within the time required or
abandonment of his or her office, | ||||||
2 | or in the case of a member's death,
indictment, or conviction | ||||||
3 | for, or pleading guilty to, a felony or removal from
office, | ||||||
4 | his or her office shall become vacant. Each vacancy shall be | ||||||
5 | filled
for the unexpired term by appointment in like manner, as | ||||||
6 | in the case of
expiration of the term of a member of the Board.
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7 | Section 25. Organization of Board; meetings. As soon as | ||||||
8 | practicable after the effective date of this
Act, the Board | ||||||
9 | shall organize for the transaction of business. The Board shall
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10 | prescribe the time and place for meetings, the manner in
which | ||||||
11 | special meetings may be called, and the notice that must be | ||||||
12 | given to
members. All actions and meetings of the Board and its | ||||||
13 | committees shall be
subject to the provisions of the Open | ||||||
14 | Meetings Act. Three members of the Board
shall constitute a | ||||||
15 | quorum for the transaction of business. All substantive
action | ||||||
16 | of the Board shall be by resolution. The affirmative vote of at | ||||||
17 | least 3
members shall be necessary for the adoption of any | ||||||
18 | resolution.
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19 | Section 30. Executive director; officers. | ||||||
20 | (a) The Board shall appoint
an executive director, after | ||||||
21 | the completion of a background investigation and approval by | ||||||
22 | the Gaming Board, who shall be the chief executive officer of | ||||||
23 | the
Authority. The Board shall fix the compensation of the | ||||||
24 | executive director.
Subject to the general control of the |
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1 | Board, the executive director shall be
responsible for the | ||||||
2 | management of the business, properties, and
employees of the | ||||||
3 | Authority. The executive director shall direct the
enforcement | ||||||
4 | of all resolutions, rules, and regulations of the Board, and | ||||||
5 | shall
perform such other duties as may be prescribed from
time | ||||||
6 | to time by the Board. All employees and independent | ||||||
7 | contractors,
consultants, engineers, architects, accountants, | ||||||
8 | attorneys, financial experts,
construction experts and | ||||||
9 | personnel, superintendents, managers, and other
personnel | ||||||
10 | appointed or employed pursuant to this Act shall
report to the | ||||||
11 | executive director. In addition to any other duties set forth | ||||||
12 | in
this Act, the executive director shall do all of the | ||||||
13 | following:
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14 | (1) Direct and supervise the administrative affairs | ||||||
15 | and activities of the
Authority in accordance with its | ||||||
16 | rules, regulations, and policies.
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17 | (2) Attend meetings of the Board.
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18 | (3) Keep minutes of all proceedings of the Board.
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19 | (4) Approve all accounts for salaries, per diem | ||||||
20 | payments, and allowable
expenses of the Board and its | ||||||
21 | employees and consultants.
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22 | (5) Report and make recommendations to the Board | ||||||
23 | concerning the terms and
conditions of any casino | ||||||
24 | development and management contract.
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25 | (6) Perform any other duty that the Board requires for | ||||||
26 | carrying out the
provisions of this Act.
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1 | (7) Devote his or her full time to the duties of the | ||||||
2 | office and not hold
any other office or employment.
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3 | (b) The Board shall select a secretary and a treasurer, who | ||||||
4 | need not be
members of the Board, to hold office at the | ||||||
5 | pleasure of the Board. The Board
shall fix the duties and | ||||||
6 | compensation of each such officer.
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7 | Section 32. Code of Ethics. | ||||||
8 | (a) No person who is an officer or employee of the | ||||||
9 | Authority or the City
may have a financial interest, either | ||||||
10 | directly or indirectly, in his own name
or in the name of any | ||||||
11 | other person, partnership, association, trust,
corporation, or | ||||||
12 | other entity, in any contract
or subcontract or the performance | ||||||
13 | of any work of the Authority. No spouse or immediate family | ||||||
14 | member living with a person who is a Board member of the | ||||||
15 | Authority may have a financial interest, either directly or | ||||||
16 | indirectly, in his or her own name or in the name of any other | ||||||
17 | person, partnership, association, trust, corporation, or other | ||||||
18 | entity in any contract or subcontract or the performance of any | ||||||
19 | work of the Authority. No such person may represent,
either
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20 | professionally or as agent or otherwise, any person, | ||||||
21 | partnership, association,
trust, corporation, or other | ||||||
22 | business entity, with respect to any application
or
bid for any | ||||||
23 | Authority contract or work, nor may any such person take or
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24 | receive, or offer to take or receive, either directly or | ||||||
25 | indirectly, any money
or other thing of value as a gift or |
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1 | bribe or means of influencing his or her
vote or action in his | ||||||
2 | or her official character. Any contract made and
procured in | ||||||
3 | violation of this Section is void. The provisions of this | ||||||
4 | Section
shall continue to apply equally and in all respects for | ||||||
5 | a period of 2 years
from and after the date on which he or she | ||||||
6 | ceases to be an officer or employee.
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7 | (b) Any person under subsection (a) may provide materials, | ||||||
8 | merchandise,
property, services, or labor, if:
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9 | (1) the contract is with a person, firm, partnership, | ||||||
10 | association,
corporation, or other business entity in | ||||||
11 | which the interested person has less
than a 1% share in the | ||||||
12 | ownership;
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13 | (2) for a contract the amount of which exceeds $1,500, | ||||||
14 | the contract is
awarded
after sealed bids to the lowest | ||||||
15 | responsible bidder; and
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16 | (3) the award of the contract would not cause the | ||||||
17 | aggregate amount of all
such contracts so awarded to the | ||||||
18 | same person, firm, association, partnership,
corporation, | ||||||
19 | or other business entity in the same fiscal year to exceed
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20 | $25,000.
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21 | For the purpose of items (1), (2), and (3) of this | ||||||
22 | subsection (b), the interested person must publicly disclose | ||||||
23 | the nature and extent of his or
her interest prior to or during | ||||||
24 | deliberations concerning the proposed award of
the contract, | ||||||
25 | and the interested person, if a Board member, must abstain from | ||||||
26 | voting on the
award of the contract, though he or she shall be |
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1 | considered present for the
purposes of establishing a quorum.
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2 | A contract for the procurement of public utility services | ||||||
3 | with a public
utility company is not barred by this Section by | ||||||
4 | any such person being an
officer or employee of the public | ||||||
5 | utility company or holding an ownership
interest of no more | ||||||
6 | than 7 1/2% in the public utility company. Any such person
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7 | having such an interest shall be deemed not to have a | ||||||
8 | prohibited interest under
this Section.
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9 | (c) Before any contract relating to the ownership or use of | ||||||
10 | real property is
entered into by and between the Authority, the | ||||||
11 | identity of every owner and
beneficiary having an interest, | ||||||
12 | real or personal, in such property, and every
shareholder | ||||||
13 | entitled to receive more than 1% of the total distributable
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14 | income of any corporation having any interest, real or | ||||||
15 | personal, in such
property must be disclosed. The disclosure | ||||||
16 | shall be in writing and shall be
subscribed by an owner, | ||||||
17 | authorized trustee, corporate official, or managing
agent | ||||||
18 | under oath. However, if stock in a corporation is publicly | ||||||
19 | traded and
there is no readily known individual having greater | ||||||
20 | than a 1% interest,
then a statement to that effect, subscribed | ||||||
21 | to under oath by an officer of the
corporation or its managing | ||||||
22 | agent, shall fulfill the disclosure statement
requirement of | ||||||
23 | this Section. This Section shall be
liberally construed to | ||||||
24 | accomplish the purpose of requiring the identification
of the | ||||||
25 | actual parties benefiting from any transaction with the | ||||||
26 | Authority
involving the procurement of the ownership or use of |
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1 | real property thereby.
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2 | (d) Any member of the Board, officer or employee of the | ||||||
3 | Authority, or other
person, who violates any provision of this | ||||||
4 | Section, is guilty of a Class 4
felony and in addition thereto, | ||||||
5 | any office or official position held by any
person so convicted | ||||||
6 | shall become vacant, and shall be so declared as part of
the | ||||||
7 | judgment of court.
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8 | (e) As used in this Section: "financial interest" means (i) | ||||||
9 | any interest as
a result of which the owner currently receives | ||||||
10 | or is entitled to receive in the
future more than $2,500 per | ||||||
11 | year; (ii) any interest with a cost or present
value of $5,000 | ||||||
12 | or more; or (iii) any interest representing more than 1%
of a | ||||||
13 | corporation, partnership, sole proprietorship, firm, | ||||||
14 | enterprise,
franchise, organization, holding company, joint | ||||||
15 | stock company, receivership,
trust, or any legal entity
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16 | organized for profit; provided, however, financial interest | ||||||
17 | shall not include
(i)
any ownership through purchase at fair | ||||||
18 | market value or inheritance of less than
1% of the shares of a | ||||||
19 | corporation, or any corporate subsidiary, parent,
or affiliate | ||||||
20 | thereof, regardless of the value of or dividends on such | ||||||
21 | shares,
if such shares are registered on a securities exchange | ||||||
22 | pursuant to the
Securities Exchange Act of 1934, as amended; | ||||||
23 | (ii) the authorized compensation
paid to an official or | ||||||
24 | employee for his office or employment; (iii) a time or
demand | ||||||
25 | deposit in a financial institution; and (iv) an endowment or | ||||||
26 | insurance
policy
or annuity contract purchased from an |
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1 | insurance company.
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2 | Section 35. General powers of the Authority. In addition to | ||||||
3 | the specific powers
and duties set forth elsewhere in this Act, | ||||||
4 | the Authority may do any of the
following: | ||||||
5 | (1) Adopt and alter an official seal.
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6 | (2) Sue and be sued, plead and be impleaded, all in its own | ||||||
7 | name, and agree
to binding arbitration of any dispute to which | ||||||
8 | it is a party.
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9 | (3) Adopt, amend, and repeal by-laws, rules, and | ||||||
10 | regulations consistent with
furtherance of the powers and | ||||||
11 | duties provided in this Act.
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12 | (4) Maintain its principal office within the City and such | ||||||
13 | other offices as
the Board may designate.
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14 | (5) Employ, either as regular employees or independent | ||||||
15 | contractors,
consultants, engineers, architects, accountants, | ||||||
16 | attorneys, financial experts,
construction experts and | ||||||
17 | personnel, superintendents, managers and other
professional | ||||||
18 | personnel, casino personnel, and such other personnel as may be | ||||||
19 | necessary in the
judgment of the Board, and fix their | ||||||
20 | compensation.
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21 | (6) Acquire, hold, lease, use, encumber, transfer, or | ||||||
22 | dispose of real and
personal property, including the alteration | ||||||
23 | of or demolition of improvements to
real estate.
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24 | (7) Enter into, revoke, and modify contracts of any kind, | ||||||
25 | including the
casino development and management contracts |
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1 | specified in Section 45.
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2 | (9) Subject to the provisions of Section 70,
develop, or | ||||||
3 | cause to be developed, a master plan for design,
planning, and | ||||||
4 | development of the casino.
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5 | (10) Negotiate and enter into intergovernmental agreements | ||||||
6 | with the State
and its agencies, the City, and other units of | ||||||
7 | local government, in furtherance
of the powers and duties of | ||||||
8 | the Board.
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9 | (12) Receive and disburse funds for its own corporate | ||||||
10 | purposes or as
otherwise specified in this Act.
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11 | (13) Borrow money from any source, public or private, for | ||||||
12 | any corporate
purpose, including, without limitation, working | ||||||
13 | capital for its operations,
reserve funds, or payment of | ||||||
14 | interest, and to mortgage, pledge, or otherwise
encumber the | ||||||
15 | property or funds of the Authority and
to contract with or | ||||||
16 | engage the services of any person in connection with any
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17 | financing, including financial institutions, issuers of | ||||||
18 | letters of credit, or
insurers and enter into reimbursement | ||||||
19 | agreements with this person which may be
secured as if money | ||||||
20 | were borrowed from the person.
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21 | (14) Issue bonds as provided under this Act.
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22 | (15) Receive and accept from any source, private or public, | ||||||
23 | contributions,
gifts, or grants of money or property.
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24 | (16) Make loans from proceeds or funds otherwise available | ||||||
25 | to the extent
necessary or appropriate to accomplish the | ||||||
26 | purposes of the Authority.
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1 | (17) Provide for the insurance of any property, operations, | ||||||
2 | officers,
members, agents, or employees of the Authority | ||||||
3 | against any risk or hazard, to
self-insure or participate in | ||||||
4 | joint self-insurance pools or entities to insure
against such | ||||||
5 | risk or hazard, and to provide for the
indemnification of its | ||||||
6 | officers, members, employees, contractors, or agents
against | ||||||
7 | any and all risks.
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8 | (18) Require the removal or relocation of any building, | ||||||
9 | railroad, main,
pipe, conduit, wire, pole, structure, | ||||||
10 | facility, or equipment as may be needed
to carry out the powers | ||||||
11 | of the Authority, with the Authority to compensate the
person | ||||||
12 | required to remove or relocate the building, railroad, main, | ||||||
13 | pipe,
conduit, wire, pole, structure, facility, or equipment as | ||||||
14 | provided by law,
without the necessity to secure any approval | ||||||
15 | from the Illinois Commerce
Commission for such removal or for | ||||||
16 | such relocation.
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17 | (19) Exercise all the corporate powers granted Illinois | ||||||
18 | corporations under
the Business Corporation Act of 1983, except | ||||||
19 | to the extent that
powers are inconsistent with those of a body | ||||||
20 | politic and corporate of the
State.
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21 | (20) Establish and change its fiscal year.
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22 | (21) Do all things necessary or convenient to carry out the | ||||||
23 | powers granted
by this Act.
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24 | Section 45. Casino development and management contracts. | ||||||
25 | (a) The Board shall develop and administer an open and |
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1 | competitive bidding process
for the
selection of casino | ||||||
2 | operators to develop and operate a casino within the City.
The | ||||||
3 | Board shall issue one or more requests for proposal and shall | ||||||
4 | solicit
proposals from casino operators in response to such a | ||||||
5 | request. The Board may
establish minimum financial and | ||||||
6 | investment requirements to determine the
eligibility of | ||||||
7 | persons to respond to the Board's requests for proposal, and | ||||||
8 | may
establish and consider such other criteria as it deems | ||||||
9 | appropriate. The Board
may impose a fee upon persons who | ||||||
10 | respond to requests for proposal, in order to
reimburse the | ||||||
11 | Board for its costs in preparing and issuing the requests and
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12 | reviewing the proposals.
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13 | (b) The Board shall ensure that casino development and | ||||||
14 | management contracts
provide for the development, | ||||||
15 | construction, and operation of a high quality
casino, and | ||||||
16 | provide for the maximum
amounts of revenue that reasonably may | ||||||
17 | be available to the Authority and the
City.
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18 | (c) The Board shall evaluate the responses to its requests | ||||||
19 | for proposal and
the ability of all persons or entities | ||||||
20 | responding to its request for proposal
to meet the requirements | ||||||
21 | of this Act and to undertake and perform the
obligations set | ||||||
22 | forth in its requests for proposal.
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23 | (d) After the review and evaluation of the proposals | ||||||
24 | submitted, the Board
shall, in its discretion, enter into one | ||||||
25 | or more casino development and
management contracts | ||||||
26 | authorizing the development, construction, and operation
of |
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1 | the casino, subject to the provisions of the Riverboat and | ||||||
2 | Casino Gambling
Act. The Board may award a casino development | ||||||
3 | and management contract to a person or persons submitting | ||||||
4 | proposals that are not the highest bidders. In doing so it may | ||||||
5 | take into account other factors, such as experience, financial | ||||||
6 | condition, assistance in financing, reputation, and any other | ||||||
7 | factors the Board, in its discretion, believes may increase | ||||||
8 | revenues at the casino.
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9 | (e) The Board shall transmit to the Gaming Board a copy of | ||||||
10 | each casino
development and management contract after it is | ||||||
11 | executed.
| ||||||
12 | (f) The Board may enter into a casino development and | ||||||
13 | management contract prior to or
after adopting a resolution | ||||||
14 | approving a location for the casino and requesting that the | ||||||
15 | Gaming Board issue an owners license to the Authority under the | ||||||
16 | Riverboat
and Casino Gambling Act.
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17 | Section 50. Transfer of funds. The revenues received by | ||||||
18 | the Authority (other than amounts required to be paid pursuant | ||||||
19 | to the Riverboat and Casino Gambling Act and amounts required | ||||||
20 | to pay the
operating expenses of the Authority, to pay amounts | ||||||
21 | due the casino operator pursuant to a casino management and | ||||||
22 | development contract, to repay any borrowing of the Authority
| ||||||
23 | made pursuant to Section 35, to pay debt service on any bonds | ||||||
24 | issued under
Section
75, and to pay any expenses in connection | ||||||
25 | with the issuance of such bonds
pursuant to Section 75 or |
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| |||||||
1 | derivative products pursuant to Section 85) shall
be | ||||||
2 | transferred
to the
City by the Authority and shall be expended | ||||||
3 | or obligated by the City as provided in Section 13.2 of the | ||||||
4 | Riverboat and Casino Gambling Act.
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5 | Section 60. Authority annual expenses. Until sufficient | ||||||
6 | revenues become available for such purpose, the Authority and
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7 | the City may enter into an intergovernmental agreement
whereby | ||||||
8 | the Authority shall receive or borrow funds from the City
for | ||||||
9 | its annual operating expenses.
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10 | Section 65. Acquisition of property; eminent domain | ||||||
11 | proceedings. | ||||||
12 | (a) The Authority may acquire in its own name, by gift or | ||||||
13 | purchase, any real
or personal property or interests in real or | ||||||
14 | personal property necessary or
convenient to carry out the | ||||||
15 | purposes of the Act.
| ||||||
16 | (b) For the lawful purposes of this Act, the City may | ||||||
17 | acquire by eminent
domain or by condemnation proceedings in the | ||||||
18 | manner provided by Article VII of
the Code of Civil Procedure, | ||||||
19 | real or personal property or interests in real
or personal | ||||||
20 | property located in the City, and may convey to the Authority
| ||||||
21 | property so acquired. The acquisition of property under this | ||||||
22 | Section is
declared to be for a public use.
| ||||||
23 | Section 70. Local regulation. The casino facilities and |
| |||||||
| |||||||
1 | operations therein
shall be subject to all ordinances and | ||||||
2 | regulations of the City. The
construction, development, and | ||||||
3 | operation of the casino shall comply with all
ordinances, | ||||||
4 | regulations, rules, and controls of the City, including but not
| ||||||
5 | limited to those relating to zoning and planned development, | ||||||
6 | building, fire
prevention, and land use. However, the | ||||||
7 | regulation of gaming operations is
subject to the exclusive | ||||||
8 | jurisdiction of the Gaming Board, except as limited by the | ||||||
9 | Riverboat and Casino Gambling Act.
| ||||||
10 | Section 75. Borrowing. | ||||||
11 | (a) The Authority may at any time and from time to time | ||||||
12 | borrow money and
issue bonds as provided in this Section. Bonds | ||||||
13 | of the Authority may be issued
to provide funds for land | ||||||
14 | acquisition, site assembly and preparation, and
infrastructure | ||||||
15 | improvements required in connection with the development of the
| ||||||
16 | casino; to pay, refund (at the time or in advance of any | ||||||
17 | maturity or
redemption), or redeem any bonds of the Authority; | ||||||
18 | to provide or increase a
debt
service reserve fund or other | ||||||
19 | reserves with respect to any or all of its bonds;
to pay | ||||||
20 | interest on bonds; or to pay the legal, financial, | ||||||
21 | administrative, bond
insurance, credit enhancement, and other | ||||||
22 | legal expenses of the authorization,
issuance, or delivery of | ||||||
23 | bonds. In this Act, the term "bonds" also includes
notes of any | ||||||
24 | kind, interim certificates, refunding bonds, or any other | ||||||
25 | evidence
of obligation for borrowed money issued under this |
| |||||||
| |||||||
1 | Section. Bonds may be
issued in one or more series and may be | ||||||
2 | payable and secured either on a parity
with or separately from | ||||||
3 | other bonds.
| ||||||
4 | (b) The bonds of the Authority shall be payable solely from | ||||||
5 | one or more of
the following sources: (i) the property or | ||||||
6 | revenues of the Authority; (ii)
revenues derived from the | ||||||
7 | casino; (iii) revenues derived from any casino
operator; (iv) | ||||||
8 | fees, bid proceeds, charges, lease payments, payments required | ||||||
9 | pursuant to any
casino development and management contract or | ||||||
10 | other revenues payable to the
Authority, or any
receipts of the | ||||||
11 | Authority; (v) payments by financial institutions, insurance
| ||||||
12 | companies, or others pursuant to letters or lines of credit, | ||||||
13 | policies of
insurance, or purchase agreements; (vi) investment | ||||||
14 | earnings from funds or
accounts maintained pursuant to a bond | ||||||
15 | resolution or trust indenture; and (vii)
proceeds of refunding | ||||||
16 | bonds.
| ||||||
17 | (c) Bonds shall be authorized by a resolution of the | ||||||
18 | Authority and may be
secured by a trust indenture by and | ||||||
19 | between the Authority and a corporate
trustee or trustees, | ||||||
20 | which may be any trust company or bank having the powers
of a | ||||||
21 | trust company within or without the State. Bonds
may:
| ||||||
22 | (i) Mature at a time or times, whether as serial | ||||||
23 | bonds, term bonds,
or both, not exceeding 40 years from | ||||||
24 | their respective dates of issue.
| ||||||
25 | (ii) Without regard to any limitation established | ||||||
26 | by statute, bear
interest in
the manner or determined |
| |||||||
| |||||||
1 | by the method provided in the resolution or trust
| ||||||
2 | indenture.
| ||||||
3 | (iii) Be payable at a time or times, in the | ||||||
4 | denominations and form,
including book entry form, | ||||||
5 | either coupon, registered, or both, and carry the
| ||||||
6 | registration and privileges as to exchange, transfer | ||||||
7 | or conversion, and
replacement of mutilated, lost, or | ||||||
8 | destroyed bonds as the resolution or trust
indenture | ||||||
9 | may provide.
| ||||||
10 | (iv) Be payable in lawful money of the United | ||||||
11 | States at a designated
place.
| ||||||
12 | (v) Be subject to the terms of purchase, payment, | ||||||
13 | redemption, refunding,
or refinancing that the | ||||||
14 | resolution or trust indenture provides.
| ||||||
15 | (vi) Be executed by the manual or facsimile | ||||||
16 | signatures of the officers
of the Authority designated | ||||||
17 | by the Board, which signatures shall be valid at
| ||||||
18 | delivery even
for one who has ceased to hold office.
| ||||||
19 | (vii) Be sold at public or private sale in the | ||||||
20 | manner and upon the terms
determined by the Authority.
| ||||||
21 | (viii) Be issued in accordance with the provisions | ||||||
22 | of the Local
Government Debt Reform Act.
| ||||||
23 | (d) Any resolution or trust indenture may contain, subject | ||||||
24 | to the Riverboat
and Casino Gambling Act and rules of the | ||||||
25 | Gaming Board regarding pledging
of interests in holders of | ||||||
26 | owners licenses, provisions that shall be a part of
the |
| |||||||
| |||||||
1 | contract with the holders of the bonds as to the following:
| ||||||
2 | (1) Pledging, assigning, or directing the use, | ||||||
3 | investment, or disposition
of revenues of the Authority or | ||||||
4 | proceeds or benefits of any contract, including
without | ||||||
5 | limitation, any rights in any casino development and | ||||||
6 | management
contract.
| ||||||
7 | (2) The setting aside of loan funding deposits, debt | ||||||
8 | service reserves,
capitalized interest accounts, | ||||||
9 | replacement or operating reserves, cost of
issuance | ||||||
10 | accounts and sinking funds, and the regulation, | ||||||
11 | investment, and
disposition thereof.
| ||||||
12 | (3) Limitations on the purposes to which or the | ||||||
13 | investments in which the
proceeds of sale of any issue of | ||||||
14 | bonds or the Authority's revenues and
receipts may be | ||||||
15 | applied or made.
| ||||||
16 | (4) Limitations on the issue of additional bonds, the | ||||||
17 | terms upon which
additional bonds may be issued and | ||||||
18 | secured, the terms upon which additional
bonds may rank on | ||||||
19 | a parity with, or be subordinate or superior to, other | ||||||
20 | bonds.
| ||||||
21 | (5) The refunding, advance refunding, or refinancing | ||||||
22 | of outstanding bonds.
| ||||||
23 | (6) The procedure, if any, by which the terms of any | ||||||
24 | contract with
bondholders may be altered or amended and the | ||||||
25 | amount of bonds and holders of
which must consent thereto | ||||||
26 | and the manner in which consent shall be given.
|
| |||||||
| |||||||
1 | (7) Defining the acts or omissions which shall | ||||||
2 | constitute a default in the
duties of the Authority to | ||||||
3 | holders of bonds and providing the rights or
remedies of | ||||||
4 | such holders in the event of a default, which may include
| ||||||
5 | provisions
restricting individual rights of action by | ||||||
6 | bondholders.
| ||||||
7 | (8) Providing for guarantees, pledges of property, | ||||||
8 | letters of credit, or
other security,
or insurance for the | ||||||
9 | benefit of bondholders.
| ||||||
10 | (9) Any other matter relating to the bonds that the | ||||||
11 | Authority determines
appropriate.
| ||||||
12 | (e) No member of the Board, nor any person executing the | ||||||
13 | bonds, shall be
liable personally on the bonds or subject to | ||||||
14 | any personal liability by reason
of the issuance of the bonds.
| ||||||
15 | (f) The Authority may issue and secure bonds in accordance | ||||||
16 | with the
provisions of the Local Government Credit Enhancement | ||||||
17 | Act.
| ||||||
18 | (g) A pledge by the Authority of revenues and receipts as | ||||||
19 | security for an
issue of bonds or for the performance of its | ||||||
20 | obligations under any casino
development and management | ||||||
21 | contract shall
be valid and binding from the time when the | ||||||
22 | pledge is made. The revenues and
receipts pledged shall | ||||||
23 | immediately be subject to the lien of the pledge without
any | ||||||
24 | physical delivery or further act,
and the lien of any pledge | ||||||
25 | shall be valid and binding against any person having
any claim | ||||||
26 | of any kind in tort, contract, or otherwise against the |
| |||||||
| |||||||
1 | Authority,
irrespective of whether the person has notice. No | ||||||
2 | resolution, trust indenture,
management agreement or financing | ||||||
3 | statement, continuation statement, or other
instrument adopted | ||||||
4 | or entered into by the Authority need be filed or recorded
in | ||||||
5 | any public record other than the records of the Authority in | ||||||
6 | order to
perfect the lien against third persons, regardless of | ||||||
7 | any contrary provision of
law.
| ||||||
8 | (h) By its authorizing resolution for particular bonds, the | ||||||
9 | Authority may
provide for specific terms of those bonds, | ||||||
10 | including, without limitation, the
purchase price and terms, | ||||||
11 | interest rate or rates, redemption terms and
principal amounts | ||||||
12 | maturing in each year, to be established by
one or more members | ||||||
13 | of the Board or officers of the Authority, all within a
| ||||||
14 | specific range of discretion established by the authorizing | ||||||
15 | resolution.
| ||||||
16 | (i) Bonds that are being paid or retired by issuance, sale, | ||||||
17 | or delivery of
bonds, and bonds for which sufficient funds have | ||||||
18 | been deposited with the paying
agent or trustee to provide for | ||||||
19 | payment of principal and interest thereon, and
any redemption | ||||||
20 | premium, as provided in the authorizing resolution, shall not | ||||||
21 | be
considered outstanding for the purposes of this subsection.
| ||||||
22 | (j) The bonds of the Authority shall not be indebtedness of | ||||||
23 | the City, of the
State, or of any political subdivision of the | ||||||
24 | State other than the Authority.
The bonds of the Authority are | ||||||
25 | not general obligations of the State or the City
and are not | ||||||
26 | secured by a pledge of the full faith and
credit of the State |
| |||||||
| |||||||
1 | or the City and the holders of bonds of the Authority may
not | ||||||
2 | require, except as provided in this Act, the application of | ||||||
3 | revenues or
funds to the payment of bonds of the Authority.
| ||||||
4 | (k) The State of
Illinois pledges and agrees with the | ||||||
5 | owners of the bonds that it will not limit
or alter the rights | ||||||
6 | and powers vested in the Authority by this Act so as to
impair | ||||||
7 | the terms of any contract made by the Authority with the owners | ||||||
8 | or in
any way impair the rights and remedies of the owners | ||||||
9 | until the bonds, together
with interest on them, and all costs | ||||||
10 | and expenses in connection with any action
or proceedings by or | ||||||
11 | on behalf of the owners, are fully met and discharged.
The | ||||||
12 | Authority is authorized to include this pledge and
agreement in | ||||||
13 | any contract with the owners of bonds issued under this | ||||||
14 | Section.
| ||||||
15 | Section 85. Derivative products. With respect to all or | ||||||
16 | part of any issue
of its bonds, the Authority may enter into | ||||||
17 | agreements or contracts with any
necessary or appropriate | ||||||
18 | person, which will have the benefit of providing to
the
| ||||||
19 | Authority an interest rate basis, cash flow basis, or other | ||||||
20 | basis different
from that provided in the bonds for the payment | ||||||
21 | of interest. Such agreements
or contracts may include, without | ||||||
22 | limitation, agreements or contracts commonly
known as | ||||||
23 | "interest rate swap agreements", "forward payment conversion
| ||||||
24 | agreements", "futures", "options", "puts", or "calls" and | ||||||
25 | agreements or
contracts providing for payments based on levels |
| |||||||
| |||||||
1 | of or changes in interest
rates, agreements or contracts to | ||||||
2 | exchange cash flows or a series of payments,
or to hedge | ||||||
3 | payment, rate spread, or similar exposure
| ||||||
4 | Section 90. Legality for investment. The State of Illinois, | ||||||
5 | all
governmental entities, all public officers, banks, | ||||||
6 | bankers, trust companies,
savings banks and institutions, | ||||||
7 | building and loan associations, savings and
loan associations, | ||||||
8 | investment companies, and other persons carrying on a
banking
| ||||||
9 | business, insurance companies, insurance associations, and | ||||||
10 | other persons
carrying on an insurance business, and all | ||||||
11 | executors, administrators,
guardians, trustees, and other | ||||||
12 | fiduciaries may legally invest any sinking
funds,
moneys, or | ||||||
13 | other funds belonging to them or within their control in
any | ||||||
14 | bonds issued under this Act. However, nothing in this Section | ||||||
15 | shall be
construed as relieving any person, firm, or | ||||||
16 | corporation from any duty of
exercising reasonable care in | ||||||
17 | selecting securities for purchase or investment.
| ||||||
18 | Section 95. Tax exemption. The Authority and all of its | ||||||
19 | operations and
property used for public purposes shall be | ||||||
20 | exempt from all taxation of any kind
imposed by the State of | ||||||
21 | Illinois or any political subdivision, school district,
| ||||||
22 | municipal corporation, or unit of local government of the State | ||||||
23 | of Illinois.
However, nothing in this Act prohibits the | ||||||
24 | imposition of any other taxes where
such imposition is not |
| |||||||
| |||||||
1 | prohibited by Section 21 of the Riverboat and Casino
Gambling | ||||||
2 | Act
| ||||||
3 | Section 100. Application of laws. The Governmental Account | ||||||
4 | Audit Act, the
Public Funds Statement Publication Act, and the | ||||||
5 | Illinois Municipal Budget Law
shall not apply to the Authority.
| ||||||
6 | Section 105. Budgets and reporting. | ||||||
7 | (a) Promptly following the execution of each casino | ||||||
8 | development and
management contract provided for in this Act, | ||||||
9 | the Authority shall submit a
written report with respect | ||||||
10 | thereto to the Governor, the Mayor, the Secretary
of the | ||||||
11 | Senate, the Clerk of the House of Representatives,
and the | ||||||
12 | Illinois Commission on Government Forecasting and | ||||||
13 | Accountability.
| ||||||
14 | (b) The Authority shall annually adopt a current expense | ||||||
15 | budget for each
fiscal year. The budget may be modified from | ||||||
16 | time to time in the same manner
and upon the same vote as it may | ||||||
17 | be adopted. The budget shall include the
Authority's available | ||||||
18 | funds and estimated revenues and shall provide for
payment of | ||||||
19 | its obligations and estimated expenditures for the fiscal year,
| ||||||
20 | including, without limitation, expenditures for | ||||||
21 | administration, operation,
maintenance and repairs, debt | ||||||
22 | service, and deposits into reserve and other
funds
and capital | ||||||
23 | projects.
| ||||||
24 | (c) The Board shall (i) annually cause the finances of the |
| |||||||
| |||||||
1 | Authority to be
audited by a firm of certified public | ||||||
2 | accountants and (ii) biannually have the firm of certified | ||||||
3 | public accountants in item (i) conduct a management audit of | ||||||
4 | the Authority and all of the operations related in any way to | ||||||
5 | the casino.
| ||||||
6 | (d) The Authority shall, for each fiscal year, prepare an | ||||||
7 | annual report
setting forth information concerning its | ||||||
8 | activities in the fiscal year and the
status of the development | ||||||
9 | of the casino. The annual report shall include the
audited | ||||||
10 | financial statements of the Authority for the fiscal year, the | ||||||
11 | budget
for the succeeding fiscal year, and the current capital | ||||||
12 | plan as of the date of
the report. Copies of the annual report | ||||||
13 | shall be made available to persons who
request them and shall | ||||||
14 | be submitted not later than 120 days after the end of
the | ||||||
15 | Authority's fiscal year to the Governor, the Mayor, the | ||||||
16 | Secretary of the
Senate, the Clerk of the House of | ||||||
17 | Representatives, and the Commission on Government Forecasting | ||||||
18 | and Accountability.
| ||||||
19 | Section 110. Deposit and withdrawal of funds. | ||||||
20 | (a) All funds deposited by the Authority in any bank or | ||||||
21 | savings and loan
association shall be placed in the name of the | ||||||
22 | Authority and shall be withdrawn
or paid out only by check or | ||||||
23 | draft upon the bank or savings and loan
association, signed by | ||||||
24 | 2 officers or employees designated by the Board.
| ||||||
25 | Notwithstanding any other provision of this Section, the Board |
| |||||||
| |||||||
1 | may designate
any of its members or any officer or employee of | ||||||
2 | the Authority to authorize the
wire transfer of funds deposited | ||||||
3 | by the secretary-treasurer of funds in a bank
or savings and | ||||||
4 | loan association for the payment of payroll and employee
| ||||||
5 | benefits-related expenses.
| ||||||
6 | No bank or savings and loan association shall receive | ||||||
7 | public funds as
permitted by this Section unless it has | ||||||
8 | complied with the requirements
established pursuant to Section | ||||||
9 | 6 of the Public
Funds Investment Act.
| ||||||
10 | (b) If any officer or employee whose signature appears upon | ||||||
11 | any check
or draft issued pursuant to this Act ceases (after | ||||||
12 | attaching his signature) to
hold his or her office before the | ||||||
13 | delivery of such a check or draft to the
payee, his or her | ||||||
14 | signature shall nevertheless be valid and sufficient for all
| ||||||
15 | purposes with the same effect as if he or she had remained in | ||||||
16 | office until
delivery thereof.
| ||||||
17 | Section 115. Purchasing. | ||||||
18 | (a) All construction contracts and contracts for supplies, | ||||||
19 | materials,
equipment, and services,
when the cost thereof to | ||||||
20 | the Authority exceeds $25,000, shall be let to
the lowest | ||||||
21 | responsible bidder, after advertising for bids, except for the
| ||||||
22 | following:
| ||||||
23 | (1) When repair parts, accessories, equipment, or | ||||||
24 | services are required
for
equipment or services previously | ||||||
25 | furnished or contracted for;
|
| |||||||
| |||||||
1 | (2) Professional services;
| ||||||
2 | (3) When services such as water, light, heat, power, | ||||||
3 | telephone (other than
long-distance service), or telegraph | ||||||
4 | are required;
| ||||||
5 | (4) When contracts for the use, purchase, delivery, | ||||||
6 | movement, or
installation of data processing equipment, | ||||||
7 | software, or services and
telecommunications equipment,
| ||||||
8 | software, and services are required;
| ||||||
9 | (5) Casino development and management contracts, which | ||||||
10 | shall be awarded as
set forth in Section 45 of this Act.
| ||||||
11 | (b) All contracts involving less than $25,000 shall be let | ||||||
12 | by competitive
bidding whenever possible, and in any event in a | ||||||
13 | manner calculated to ensure
the best interests of the public.
| ||||||
14 | (c) Each bidder shall disclose in his or her bid the name | ||||||
15 | of each individual
having a beneficial interest, directly or | ||||||
16 | indirectly, of more than 1% in such
bidding entity and, if such | ||||||
17 | bidding entity is a corporation, the names of each
of its | ||||||
18 | officers and directors. The bidder shall notify the Authority | ||||||
19 | of any
changes in its ownership or its officers or directors at | ||||||
20 | the time such
changes occur if the change occurs during the | ||||||
21 | pendency of a proposal or a
contract.
| ||||||
22 | (d) In determining the responsibility of any bidder, the | ||||||
23 | Authority may take
into account the bidder's (or an individual | ||||||
24 | having a beneficial interest,
directly or indirectly, of more | ||||||
25 | than 1% in such bidding entity) past record of
dealings with | ||||||
26 | the Authority, the bidder's experience, adequacy of equipment,
|
| |||||||
| |||||||
1 | and ability to complete performance within the time set, and | ||||||
2 | other factors
besides financial responsibility, but in no case | ||||||
3 | shall any such contract be
awarded to any other than the lowest | ||||||
4 | bidder (in case of purchase or
expenditure) unless authorized | ||||||
5 | or approved by a vote of at least 4 members of
the Board, and | ||||||
6 | unless such action is accompanied by a statement in writing
| ||||||
7 | setting forth the reasons for not awarding the contract to the | ||||||
8 | highest or
lowest bidder, as the case
may be. The statement | ||||||
9 | shall be kept on file in the principal office of the
Authority | ||||||
10 | and open to public inspection.
| ||||||
11 | (e) Contracts shall not be split into parts involving | ||||||
12 | expenditures of less
than $25,000 for the purposes of avoiding | ||||||
13 | the provisions of this Section, and
all such split contracts | ||||||
14 | shall be void. If any collusion occurs among bidders
or | ||||||
15 | prospective bidders in restraint of freedom of competition, by | ||||||
16 | agreement to
bid a fixed amount, to refrain from bidding, or | ||||||
17 | otherwise, the bids of such
bidders shall be void. Each bidder | ||||||
18 | shall accompany his or her bid with a sworn
statement that he | ||||||
19 | or she has not been a party to any such agreement.
| ||||||
20 | (f) The Authority shall have the right to reject all bids | ||||||
21 | and to
re-advertise for bids. If after
any such | ||||||
22 | re-advertisement, no responsible and satisfactory bid, within | ||||||
23 | the
terms of the re-advertisement, is received, the Authority | ||||||
24 | may award such
contract without competitive bidding, provided | ||||||
25 | that it shall not be less
advantageous to the Authority than | ||||||
26 | any valid bid received pursuant to
advertisement.
|
| |||||||
| |||||||
1 | (g) Advertisements for bids and re-bids shall be published | ||||||
2 | at least once in
a daily newspaper of general circulation | ||||||
3 | published in the City
at least 10 calendar days before the time | ||||||
4 | for
receiving bids, and such advertisements shall also be | ||||||
5 | posted on readily
accessible bulletin boards in the principal | ||||||
6 | office of the Authority. Such
advertisements shall state the | ||||||
7 | time and
place for receiving and opening of bids and, by | ||||||
8 | reference to plans and
specifications on file at the time of | ||||||
9 | the first publication or in the
advertisement itself, shall | ||||||
10 | describe the character of the proposed contract in
sufficient | ||||||
11 | detail to fully advise prospective bidders of their obligations | ||||||
12 | and
to ensure free and open competitive bidding.
| ||||||
13 | (h) All bids in response to advertisements shall be sealed | ||||||
14 | and shall be
publicly opened by the Authority. All bidders | ||||||
15 | shall be entitled to be present
in person or by | ||||||
16 | representatives. Cash or a certified or satisfactory cashier's
| ||||||
17 | check, as a deposit of good faith, in a reasonable amount to be | ||||||
18 | fixed by the
Authority before advertising for bids, shall be | ||||||
19 | required with the proposal of
each bidder. A bond for faithful | ||||||
20 | performance of the contract with surety or
sureties | ||||||
21 | satisfactory to the
Authority and adequate insurance may be | ||||||
22 | required in reasonable amounts to be
fixed by the Authority | ||||||
23 | before advertising for bids.
| ||||||
24 | (i) The contract shall be awarded as promptly as possible | ||||||
25 | after the opening
of bids. The bid of the successful bidder, as | ||||||
26 | well as the bids of the
unsuccessful bidders, shall be placed |
| |||||||
| |||||||
1 | on file and be open to public inspection.
All bids shall be | ||||||
2 | void if any disclosure of the terms of any bid in response
to | ||||||
3 | an advertisement is made or permitted to be made by the | ||||||
4 | Authority before the
time fixed for opening bids.
| ||||||
5 | (j) Notice of each and every contract that is
offered, | ||||||
6 | including renegotiated contracts and change orders,
shall be | ||||||
7 | published in an online bulletin. The online bulletin must | ||||||
8 | include at least the date first offered,
the date submission of | ||||||
9 | offers is due, the location that offers are to be
submitted to, | ||||||
10 | a brief purchase description, the method of source selection,
| ||||||
11 | information of how to obtain a comprehensive purchase | ||||||
12 | description and any
disclosure and contract forms, and | ||||||
13 | encouragement to prospective vendors to hire qualified | ||||||
14 | veterans, as defined by Section 45-67 of the Illinois | ||||||
15 | Procurement Code, and Illinois residents discharged from any | ||||||
16 | Illinois adult correctional center. Notice of each and every | ||||||
17 | contract that is let
or awarded, including renegotiated | ||||||
18 | contracts and change orders, shall be
published in the online | ||||||
19 | bulletin and
must include at least all of the
information | ||||||
20 | specified in this item (j), as well as the name of the | ||||||
21 | successful
responsible bidder or offeror, the contract price, | ||||||
22 | and the number of unsuccessful
responsive bidders and any other | ||||||
23 | disclosure specified in this Section. This notice must be | ||||||
24 | posted in the online electronic bulletin prior to execution of | ||||||
25 | the contract.
|
| |||||||
| |||||||
1 | Section 130. Affirmative action and equal opportunity | ||||||
2 | obligations of
Authority. | ||||||
3 | (a) The Authority is subject to the requirements of Article | ||||||
4 | V of Chapter 2-92 (Sections 2-92-650 through 2-92-720 | ||||||
5 | inclusive) of the Chicago Municipal Code, as now or hereafter | ||||||
6 | amended, renumbered, or succeeded, concerning a Minority-Owned | ||||||
7 | and Women-Owned Business Enterprise Procurement Program for | ||||||
8 | construction contracts, and Chapter 2-92-420 et. seq. of the | ||||||
9 | Chicago Municipal Code, as now or hereafter amended, | ||||||
10 | renumbered, or succeeded, concerning a Minority-Owned and | ||||||
11 | Women-Owned Business Enterprise Procurement Program to | ||||||
12 | determine the status of a firm as a Minority Business | ||||||
13 | Enterprise for city procurement purposes.
| ||||||
14 | (b) The Authority is authorized to enter into agreements | ||||||
15 | with contractors'
associations, labor unions, and the | ||||||
16 | contractors working on the development of
the casino to | ||||||
17 | establish an apprenticeship preparedness training program to
| ||||||
18 | provide for an increase in the number of minority and female | ||||||
19 | journeymen and
apprentices in the building trades and to enter | ||||||
20 | into agreements with
community college districts or other | ||||||
21 | public or private institutions to provide
readiness training. | ||||||
22 | The Authority is further authorized to enter into
contracts | ||||||
23 | with public and private educational institutions and persons in | ||||||
24 | the
gaming, entertainment, hospitality, and tourism industries | ||||||
25 | to provide training
for employment in those industries.
|
| |||||||
| |||||||
1 | Section 135. Advisory Committee.
An Advisory Committee is | ||||||
2 | established to monitor, review, and
report on (1) the City's | ||||||
3 | utilization of minority-owned business enterprises
and | ||||||
4 | female-owned business enterprises, (2) employment of females, | ||||||
5 | and (3) employment of
minorities with regard to the development | ||||||
6 | and construction of the casino as authorized under Section | ||||||
7 | 7(e-6) of the Riverboat and Casino Gambling Act.
The City of | ||||||
8 | Chicago shall work with the Advisory Committee in
accumulating | ||||||
9 | necessary information for the Committee to
submit reports, as | ||||||
10 | necessary, to the General Assembly and to the
City of Chicago. | ||||||
11 | The Committee shall consist of 15 members as provided in | ||||||
12 | this Section. Seven
members shall be selected by the Mayor of | ||||||
13 | the City of Chicago; 2
members shall be selected by the | ||||||
14 | President of the Illinois Senate; 2
members shall be selected | ||||||
15 | by the Speaker of the House of
Representatives; 2 members shall | ||||||
16 | be selected by the Minority Leader
of the Senate; and 2 members | ||||||
17 | shall be selected by the
Minority Leader of the House of | ||||||
18 | Representatives.
The Advisory Committee shall meet | ||||||
19 | periodically and shall report the information to the Mayor of | ||||||
20 | the City and to the General Assembly by December 31st of every | ||||||
21 | year. | ||||||
22 | The Advisory Committee shall be dissolved on the date that | ||||||
23 | casino gambling operations are first conducted under the | ||||||
24 | license authorized under Section 7(e-6) of the Riverboat and | ||||||
25 | Casino Gambling Act, other than at a temporary facility. | ||||||
26 |
For the purposes of this Section, the terms "female" and |
| |||||||
| |||||||
1 | "minority person" have the meanings provided in Section 2 of | ||||||
2 | the Business Enterprise for Minorities, Females, and Persons | ||||||
3 | with Disabilities Act. | ||||||
4 | Section 145. Severability. The provisions of this Act are | ||||||
5 | severable under Section 1.31 of the Statute on Statutes. | ||||||
6 | Section 900. Findings. The legislature makes all of the | ||||||
7 | following findings: | ||||||
8 | (1) That riverboat gaming has had a negative impact on | ||||||
9 | horse racing. From 1992, the first full year of riverboat | ||||||
10 | operations, through 2005, Illinois on-track wagering has | ||||||
11 | decreased by 42% from $835 million to $482 million. | ||||||
12 | (2) That this decrease in wagering has negatively | ||||||
13 | impacted purses for Illinois racing, which has hurt the | ||||||
14 | State's breeding industry. Between 1991 and 2004 the number | ||||||
15 | of foals registered with the Department of Agriculture has | ||||||
16 | decreased by more then 46% from 3,529 to 1,891. | ||||||
17 | (3) That the decline of the Illinois horseracing and | ||||||
18 | breeding program, a $2.5 billion industry, would be | ||||||
19 | reversed if this amendatory Act of the 95th General | ||||||
20 | Assembly was enacted. By requiring that riverboats agree to | ||||||
21 | pay those percentages of their gross revenue identified in | ||||||
22 | Section 7 of the Riverboat and Casino Gambling Act of this | ||||||
23 | amendatory Act of the 95th General Assembly into the Horse | ||||||
24 | Racing Equity Trust Fund, total purses in the State may |
| |||||||
| |||||||
1 | increase by 50%, helping Illinois tracks to better compete | ||||||
2 | with those in other states. Illinois currently ranks | ||||||
3 | thirteenth nationally in terms of its purse size; the | ||||||
4 | change would propel the State to second or third. | ||||||
5 | (4) That Illinois agriculture and other businesses | ||||||
6 | that support and supply the horse racing industry, already | ||||||
7 | a sector that employs over 37,000 Illinoisans, also stand | ||||||
8 | to substantially benefit and would be much more likely to | ||||||
9 | create additional jobs should Illinois horse racing once | ||||||
10 | again become competitive with other states. | ||||||
11 | (5) That the percentage of gross revenues this | ||||||
12 | amendatory Act of the 95th General Assembly will contribute | ||||||
13 | to the horse racing industry will benefit that important | ||||||
14 | industry for Illinois farmers, breeders, and fans of | ||||||
15 | horseracing and will begin to address the negative impact | ||||||
16 | riverboat gaming has had on Illinois horseracing.
| ||||||
17 | (6) That based on findings (1) through (5) set forth in | ||||||
18 | Section 1 of Public Act 94-804 and the declared public | ||||||
19 | policy set forth in the Illinois Horse Racing Act of 1975, | ||||||
20 | as amended, it is manifest that the horse racing industry | ||||||
21 | impacts many legitimate State interests and that these | ||||||
22 | interests have been negatively impacted as a result of | ||||||
23 | riverboat gaming. The provisions of this amendatory Act of | ||||||
24 | the 95th General Assembly, coupled with the amendatory | ||||||
25 | provisions of Public Act 94-804, are designed to promote | ||||||
26 | the State's interests in preserving the Illinois horse |
| |||||||
| |||||||
1 | racing and breeders industry, which is an approximately | ||||||
2 | $2.5 billion industry that employs roughly 37,000 | ||||||
3 | Illinoisans. | ||||||
4 | (7) That the main goal of the provisions of this | ||||||
5 | amendatory Act of the 95th General Assembly, and those of | ||||||
6 | Public Act 94-804, was and is to assist the Illinois horse | ||||||
7 | racing and breeding industry by increasing purses, | ||||||
8 | resulting in making the races more attractive to local and | ||||||
9 | tourist populations and thereby assisting in the | ||||||
10 | perpetuation of the industry. | ||||||
11 | (8) That the legislatures of Indiana, Michigan, and | ||||||
12 | Pennsylvania have all recognized the public interest in | ||||||
13 | maintaining a healthy horse racing and breeding industry | ||||||
14 | and the negative impact casino wagering has on the horse | ||||||
15 | racing industry by enacting legislation that allocates | ||||||
16 | funds derived from casino and racino operations to the | ||||||
17 | horse racing industry. | ||||||
18 | (9) That the particular impact fee included in this | ||||||
19 | amendatory Act of the 95th General Assembly is designed to | ||||||
20 | balance the 2 primary goals of this legislation, which are | ||||||
21 | (i) to promote and expand the vibrant gaming industry in | ||||||
22 | Illinois and (ii) to, at the same time, recognize and | ||||||
23 | counteract the significant impact that riverboat and | ||||||
24 | casino gambling has had on the horse racing industry, which | ||||||
25 | is so important to agriculture, tourism, and jobs in | ||||||
26 | Illinois. Thus, the rate of the impact fee is slightly |
| |||||||
| |||||||
1 | higher for riverboats and casinos receiving greater gross | ||||||
2 | gaming receipts, which necessarily have the greatest | ||||||
3 | impact on horse racing, and somewhat lower for riverboats | ||||||
4 | and casinos with lesser gross gaming receipts, the economic | ||||||
5 | viability of which could be threatened by a higher impact | ||||||
6 | fee liability. | ||||||
7 | Section 905. The Alcoholism and Other Drug Abuse and | ||||||
8 | Dependency Act is amended by changing Section 5-20 as follows:
| ||||||
9 | (20 ILCS 301/5-20)
| ||||||
10 | Sec. 5-20. Compulsive gambling program.
| ||||||
11 | (a) Subject to appropriation, the Department shall | ||||||
12 | establish a program for
public education, research, and | ||||||
13 | training regarding problem and compulsive
gambling and the | ||||||
14 | treatment and prevention of problem and compulsive gambling.
| ||||||
15 | Subject to specific appropriation for these stated purposes, | ||||||
16 | the program must
include all of the following:
| ||||||
17 | (1) Establishment and maintenance of a toll-free "800" | ||||||
18 | telephone number
to provide crisis counseling and referral | ||||||
19 | services to families experiencing
difficulty as a result of | ||||||
20 | problem or compulsive gambling.
| ||||||
21 | (2) Promotion of public awareness regarding the | ||||||
22 | recognition and
prevention of problem and compulsive | ||||||
23 | gambling.
| ||||||
24 | (3) Facilitation, through in-service training and |
| |||||||
| |||||||
1 | other means, of the
availability of effective assistance | ||||||
2 | programs for problem and compulsive
gamblers.
| ||||||
3 | (4) Conducting studies to identify adults and | ||||||
4 | juveniles in this
State who are, or who are at risk of | ||||||
5 | becoming, problem or compulsive gamblers.
| ||||||
6 | (b) Subject to appropriation, the Department shall either | ||||||
7 | establish and
maintain the program or contract with a private | ||||||
8 | or public entity for the
establishment and maintenance of the | ||||||
9 | program. Subject to appropriation, either
the Department or the | ||||||
10 | private or public entity shall implement the toll-free
| ||||||
11 | telephone number, promote public awareness, and conduct | ||||||
12 | in-service training
concerning problem and compulsive | ||||||
13 | gambling.
| ||||||
14 | (c) Subject to appropriation, the Department shall produce | ||||||
15 | and supply the
signs specified in Section 10.7 of the Illinois | ||||||
16 | Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of | ||||||
17 | 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 | ||||||
18 | of the Charitable Games Act, and Section 13.1 of the Riverboat
| ||||||
19 | and Casino Gambling Act.
| ||||||
20 | (Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
| ||||||
21 | Section 910. The Department of Commerce and Economic | ||||||
22 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
23 | amended by adding Section 605-530 as follows: | ||||||
24 | (20 ILCS 605/605-530 new)
|
| |||||||
| |||||||
1 | Sec. 605-530. The Depressed Communities Economic | ||||||
2 | Development Board. | ||||||
3 | (a) The Depressed Communities Economic Development Board | ||||||
4 | is created as an advisory board within the Department of | ||||||
5 | Commerce and Economic Opportunity. The Board shall consist of | ||||||
6 | 10 members as follows: | ||||||
7 | (1) 2 members appointed by the President of the Senate, | ||||||
8 | one of whom is appointed to serve an initial term of one | ||||||
9 | year and one of whom is appointed to serve an initial term | ||||||
10 | of 2 years. | ||||||
11 | (2) 2 members appointed by the Minority Leader of the | ||||||
12 | Senate, one of whom is appointed to serve an initial term | ||||||
13 | of one year and one of whom is appointed to serve an | ||||||
14 | initial term of 2 years. | ||||||
15 | (3) 2 members appointed by the Speaker of the House of | ||||||
16 | Representatives, one of whom is appointed to serve an | ||||||
17 | initial term of one year and one of whom is appointed to | ||||||
18 | serve an initial term of 2 years. | ||||||
19 | (4) 2 members appointed by the Minority Leader of the | ||||||
20 | House of Representatives, one of whom is appointed to serve | ||||||
21 | an initial term of one year and one of whom is appointed to | ||||||
22 | serve an initial term of 2 years. | ||||||
23 | (5) 2 members appointed by the Governor with the advice | ||||||
24 | and consent of the Senate, one of whom is appointed to | ||||||
25 | serve an initial term of one year and one of whom is | ||||||
26 | appointed to serve an initial term of 2 years as chair of |
| |||||||
| |||||||
1 | the Board at the time of appointment. | ||||||
2 | After the initial terms, each member shall be appointed to | ||||||
3 | serve a term of 2 years and until his or her successor has been | ||||||
4 | appointed and assumes office. If a vacancy occurs in the Board | ||||||
5 | membership, the vacancy shall be filled in the same manner as | ||||||
6 | the initial appointment. | ||||||
7 | (b) Board members shall serve without compensation but may | ||||||
8 | be reimbursed for their reasonable travel expenses from funds | ||||||
9 | available for that purpose. The Department of Commerce and | ||||||
10 | Economic Opportunity shall provide staff and administrative | ||||||
11 | support services to the Board. | ||||||
12 | (c) The Board must make recommendations to the Department | ||||||
13 | of Commerce and Economic Opportunity concerning the award of | ||||||
14 | grants from amounts appropriated to the Department from the | ||||||
15 | Depressed Communities Economic Development Fund. The | ||||||
16 | Department must make grants to public or private entities | ||||||
17 | submitting proposals to the Board to revitalize an Illinois | ||||||
18 | depressed community within Cook County. Grants may be used by | ||||||
19 | these entities only for those purposes conditioned with the | ||||||
20 | grant. For the purposes of this subsection (c), plans for | ||||||
21 | revitalizing an Illinois depressed community include plans | ||||||
22 | intended to curb high levels of poverty, unemployment, job and | ||||||
23 | population loss, and general distress. An Illinois depressed | ||||||
24 | community (i) is an area within Cook County where the poverty | ||||||
25 | rate, as determined by using the most recent data released by | ||||||
26 | the United States Census Bureau, is at least 3% greater than |
| |||||||
| |||||||
1 | the State poverty rate as determined by using the most recent | ||||||
2 | data released by the United States Census Bureau; or (ii) is an | ||||||
3 | area within following zip codes:
60104, 60153, 60160, 60402, | ||||||
4 | 60406, 60409, 60411, 60419, 60426, 60429, 60432, 60472, 60473, | ||||||
5 | 60608, 60609, 60612, 60614, 60615, 60617, 60618, 60619, 60620, | ||||||
6 | 60622, 60623, 60624, 60628, 60629, 60630, 60632, 60636, 60637, | ||||||
7 | 60638, 60639, 60641, 60643, 60644, 60647, 60649, 60651, 60652, | ||||||
8 | 60653, 60655, 60804, and 60827.
| ||||||
9 | Section 915. The Department of Revenue Law of the
Civil | ||||||
10 | Administrative Code of Illinois is amended by changing Section | ||||||
11 | 2505-305 as follows:
| ||||||
12 | (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
| ||||||
13 | Sec. 2505-305. Investigators.
| ||||||
14 | (a) The Department has the power to
appoint investigators | ||||||
15 | to conduct all investigations,
searches, seizures, arrests, | ||||||
16 | and other duties imposed under the provisions
of any law | ||||||
17 | administered by the Department
or the Illinois Gaming Board.
| ||||||
18 | Except as provided in subsection (c), these investigators have
| ||||||
19 | and
may exercise all the powers of peace officers solely for | ||||||
20 | the purpose of
enforcing taxing measures administered by the | ||||||
21 | Department
or the Illinois Gaming Board.
| ||||||
22 | (b) The Director must authorize to each investigator | ||||||
23 | employed under this
Section and
to any other employee of the | ||||||
24 | Department exercising the powers of a peace
officer a
distinct |
| |||||||
| |||||||
1 | badge that, on its face, (i) clearly states that the badge is
| ||||||
2 | authorized
by the
Department and (ii)
contains a unique | ||||||
3 | identifying number.
No other badge shall be authorized by
the | ||||||
4 | Department.
| ||||||
5 | (c) Investigators appointed under this Section who are | ||||||
6 | assigned to the
Illinois Gaming Board have and may exercise all
| ||||||
7 | the rights and powers
of peace officers,
provided that these | ||||||
8 | powers shall be limited to offenses or violations occurring
or | ||||||
9 | committed on a riverboat or dock or in a casino , as defined in | ||||||
10 | subsections (d) and (f) of
Section 4 of the Riverboat and | ||||||
11 | Casino
Gambling Act.
| ||||||
12 | (Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01; 92-493, | ||||||
13 | eff. 1-1-02.)
| ||||||
14 | Section 920. The State Finance Act is amended by changing | ||||||
15 | Section 8a and by reenacting and changing Section 8h as | ||||||
16 | follows:
| ||||||
17 | (30 ILCS 105/8a)
(from Ch. 127, par. 144a)
| ||||||
18 | Sec. 8a. Common School Fund; transfers to Common School | ||||||
19 | Fund and Education
Assistance Fund.
| ||||||
20 | (a) Except as provided in subsection (b) of this
Section | ||||||
21 | and except as otherwise provided in this subsection (a) with
| ||||||
22 | respect to amounts transferred from the General Revenue Fund to | ||||||
23 | the Common
School Fund for distribution therefrom for the | ||||||
24 | benefit of the Teachers'
Retirement System of the State of |
| |||||||
| |||||||
1 | Illinois and the Public School Teachers'
Pension and Retirement | ||||||
2 | Fund of Chicago:
| ||||||
3 | (1) With respect to all school districts, for each | ||||||
4 | fiscal year other
than fiscal year 1994, on or before the | ||||||
5 | eleventh and
twenty-first days of each of the months of | ||||||
6 | August through the following July,
at a time or times | ||||||
7 | designated by the Governor, the State Treasurer
and the | ||||||
8 | State Comptroller shall transfer from the General Revenue
| ||||||
9 | Fund to the Common School Fund and Education Assistance | ||||||
10 | Fund, as
appropriate, 1/24 or so much thereof as may be
| ||||||
11 | necessary of the amount appropriated to the State Board of | ||||||
12 | Education for
distribution to all school districts from | ||||||
13 | such Common School Fund and
Education Assistance Fund, for | ||||||
14 | the
fiscal year, including interest on the School Fund | ||||||
15 | proportionate for that
distribution for such year.
| ||||||
16 | (2) With respect to all school districts, but for | ||||||
17 | fiscal year 1994 only,
on the 11th day of August, 1993 and | ||||||
18 | on or before the 11th and
21st days of each of the months | ||||||
19 | of October, 1993 through July, 1994 at a time
or times | ||||||
20 | designated by the Governor, the State Treasurer and the | ||||||
21 | State
Comptroller shall transfer from the General Revenue | ||||||
22 | Fund to the Common School
Fund 1/24 or so much thereof as | ||||||
23 | may be necessary of the amount appropriated to
the State | ||||||
24 | Board of Education for distribution to all school districts | ||||||
25 | from such
Common School Fund, for fiscal year 1994, | ||||||
26 | including interest on the School Fund
proportionate for |
| |||||||
| |||||||
1 | that distribution for such year; and on or before the 21st
| ||||||
2 | day of August, 1993 at a time or times designated by the | ||||||
3 | Governor, the State
Treasurer and the State Comptroller | ||||||
4 | shall transfer from the General Revenue
Fund to the Common | ||||||
5 | School Fund 3/24 or so much thereof as may be necessary of
| ||||||
6 | the amount appropriated to the State Board of Education for | ||||||
7 | distribution to all
school districts from the Common School | ||||||
8 | Fund, for fiscal year 1994, including
interest | ||||||
9 | proportionate for that distribution on the School Fund for | ||||||
10 | such fiscal
year.
| ||||||
11 | The amounts of the payments made in July of each year: (i) | ||||||
12 | shall be
considered an outstanding liability as of the 30th day | ||||||
13 | of June immediately
preceding those July payments, within the | ||||||
14 | meaning of Section 25 of this Act;
(ii) shall be payable from | ||||||
15 | the appropriation for the fiscal year that ended on
that 30th | ||||||
16 | day of June; and (iii) shall be considered payments for claims
| ||||||
17 | covering the school year that commenced during the immediately | ||||||
18 | preceding
calendar year.
| ||||||
19 | Notwithstanding the foregoing provisions of this | ||||||
20 | subsection, as soon
as may be after the 10th and 20th days of | ||||||
21 | each of the months of August
through May, 1/24, and on or as | ||||||
22 | soon as may be after the 10th and 20th days of June, 1/12 of the | ||||||
23 | annual amount appropriated to the
State Board of Education for | ||||||
24 | distribution and payment during that fiscal year
from the | ||||||
25 | Common School Fund to and for the benefit of the Teachers' | ||||||
26 | Retirement
System of the State of Illinois (until the end of |
| |||||||
| |||||||
1 | State fiscal year 1995)
and the Public School Teachers' Pension | ||||||
2 | and Retirement Fund of Chicago as
provided by the Illinois | ||||||
3 | Pension Code and Section 18-7 of the School Code, or
so much | ||||||
4 | thereof as may be necessary, shall be transferred by the State
| ||||||
5 | Treasurer and the State Comptroller from the General Revenue | ||||||
6 | Fund to the Common
School Fund to permit semi-monthly payments | ||||||
7 | from the Common School Fund to and
for the benefit of such | ||||||
8 | teacher retirement systems as required by Section 18-7
of the | ||||||
9 | School Code.
| ||||||
10 | Notwithstanding the other provisions of this Section, on or | ||||||
11 | as soon as
may be after the 15th day of each month, beginning | ||||||
12 | in July of 1995, 1/12
of the annual amount appropriated for | ||||||
13 | that fiscal year from the Common School
Fund to the Teachers' | ||||||
14 | Retirement System of the State of Illinois (other than
amounts | ||||||
15 | appropriated under Section 1.1 of the State Pension Funds | ||||||
16 | Continuing
Appropriation Act), or so much thereof as may be | ||||||
17 | necessary, shall be
transferred by the State Treasurer and the | ||||||
18 | State Comptroller from the General
Revenue Fund to the Common | ||||||
19 | School Fund to permit monthly payments from the
Common School | ||||||
20 | Fund to that retirement system in accordance with Section | ||||||
21 | 16-158
of the Illinois Pension Code and Section 18-7 of the | ||||||
22 | School Code, except that
such transfers in fiscal year 2004 | ||||||
23 | from the General Revenue Fund
to the Common School Fund for the | ||||||
24 | benefit of the Teachers' Retirement System of
the State of | ||||||
25 | Illinois shall be reduced in the aggregate by the State
| ||||||
26 | Comptroller and
State Treasurer to adjust for the amount |
| |||||||
| |||||||
1 | transferred to the Teachers'
Retirement System of the State of | ||||||
2 | Illinois pursuant to subsection (a) of
Section 6z-61.
Amounts
| ||||||
3 | appropriated to the Teachers' Retirement System of the State of | ||||||
4 | Illinois under
Section 1.1 of the State Pension Funds | ||||||
5 | Continuing Appropriation Act shall be
transferred by the State | ||||||
6 | Treasurer and the State Comptroller from the General
Revenue | ||||||
7 | Fund to the Common School Fund as necessary to provide for the | ||||||
8 | payment
of vouchers drawn against those appropriations.
| ||||||
9 | The Governor may notify the State Treasurer and the State | ||||||
10 | Comptroller to
transfer, at a time designated by the Governor, | ||||||
11 | such additional amount as
may be necessary to effect advance | ||||||
12 | distribution to school districts of amounts
that otherwise | ||||||
13 | would be payable in the next month pursuant to Sections 18-8.05
| ||||||
14 | through 18-9 of the School Code. The State Treasurer and the | ||||||
15 | State Comptroller
shall thereupon transfer such additional | ||||||
16 | amount. The aggregate amount
transferred from the General | ||||||
17 | Revenue Fund to the Common School Fund in the
eleven months | ||||||
18 | beginning August 1 of any fiscal year shall not be in excess
of | ||||||
19 | the amount necessary for payment of claims certified by the | ||||||
20 | State
Superintendent of Education pursuant to the | ||||||
21 | appropriation of the Common
School Fund for that fiscal year. | ||||||
22 | Notwithstanding the provisions of the
first paragraph in this | ||||||
23 | section, no transfer to effect an advance
distribution shall be | ||||||
24 | made in any month except on notification, as provided
above, by | ||||||
25 | the Governor.
| ||||||
26 | The State Comptroller and State Treasurer shall transfer |
| |||||||
| |||||||
1 | from the General
Revenue Fund to the Common School Fund and the | ||||||
2 | Education Assistance Fund
such amounts as may be required to
| ||||||
3 | honor the vouchers presented by the State Board of Education | ||||||
4 | pursuant to
Sections 18-3, 18-4.3, 18-5, 18-6 and 18-7 of the | ||||||
5 | School Code.
| ||||||
6 | The State Comptroller shall report all transfers provided | ||||||
7 | for in this Act
to the President of the Senate, Minority Leader | ||||||
8 | of the Senate, Speaker of
the House, and Minority Leader of the | ||||||
9 | House.
| ||||||
10 | (b) On or before the 11th and 21st days of each of the | ||||||
11 | months of June,
1982 through July, 1983, at a time or times | ||||||
12 | designated by the Governor,
the State Treasurer and the State | ||||||
13 | Comptroller shall transfer from the General
Revenue Fund to the | ||||||
14 | Common School Fund 1/24 or so much thereof as may be
necessary | ||||||
15 | of the amount appropriated to the State Board of Education for
| ||||||
16 | distribution from such Common School Fund, for that same fiscal | ||||||
17 | year, including
interest on the School Fund for such year. The | ||||||
18 | amounts of the payments
in the months of July, 1982 and July, | ||||||
19 | 1983 shall be considered an outstanding
liability as of the | ||||||
20 | 30th day of June immediately preceding such July payment,
| ||||||
21 | within the meaning of Section 25 of this Act, and shall be | ||||||
22 | payable from
the appropriation for the fiscal year which ended | ||||||
23 | on such 30th day of June,
and such July payments shall be | ||||||
24 | considered payments for claims covering
school years 1981-1982 | ||||||
25 | and 1982-1983 respectively.
| ||||||
26 | In the event the Governor makes notification to effect |
| |||||||
| |||||||
1 | advanced distribution
under the provisions of subsection (a) of | ||||||
2 | this Section, the aggregate amount
transferred from the General | ||||||
3 | Revenue Fund to the Common School Fund in the
12 months | ||||||
4 | beginning August 1, 1981 or the 12 months beginning August 1,
| ||||||
5 | 1982 shall not be in excess of the amount necessary for payment | ||||||
6 | of claims
certified by the State Superintendent of Education | ||||||
7 | pursuant to the
appropriation of the Common School Fund for the | ||||||
8 | fiscal years commencing on
the first of July of the years 1981 | ||||||
9 | and 1982.
| ||||||
10 | (c) In determining amounts to be transferred from the | ||||||
11 | General Revenue Fund to the Education Assistance Fund, the | ||||||
12 | amount of moneys transferred from the State Gaming Fund to the | ||||||
13 | Education Assistance Fund shall be disregarded. The amounts | ||||||
14 | transferred from the General Revenue Fund shall not be | ||||||
15 | decreased as an adjustment for any amounts transferred from the | ||||||
16 | State Gaming Fund to the Education Assistance Fund.
| ||||||
17 | (Source: P.A. 93-665, eff. 3-5-04; 94-1105, eff. 6-1-07.)
| ||||||
18 | (30 ILCS 105/8h)
| ||||||
19 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
20 | (a) Except as otherwise provided in this Section and | ||||||
21 | Section 8n of this Act, and (c), (d), or (e),
notwithstanding | ||||||
22 | any other
State law to the contrary, the Governor
may, through | ||||||
23 | June 30, 2007, from time to time direct the State Treasurer and | ||||||
24 | Comptroller to transfer
a specified sum from any fund held by | ||||||
25 | the State Treasurer to the General
Revenue Fund in order to |
| |||||||
| |||||||
1 | help defray the State's operating costs for the
fiscal year. | ||||||
2 | The total transfer under this Section from any fund in any
| ||||||
3 | fiscal year shall not exceed the lesser of (i) 8% of the | ||||||
4 | revenues to be deposited
into the fund during that fiscal year | ||||||
5 | or (ii) an amount that leaves a remaining fund balance of 25% | ||||||
6 | of the July 1 fund balance of that fiscal year. In fiscal year | ||||||
7 | 2005 only, prior to calculating the July 1, 2004 final | ||||||
8 | balances, the Governor may calculate and direct the State | ||||||
9 | Treasurer with the Comptroller to transfer additional amounts | ||||||
10 | determined by applying the formula authorized in Public Act | ||||||
11 | 93-839 to the funds balances on July 1, 2003.
No transfer may | ||||||
12 | be made from a fund under this Section that would have the
| ||||||
13 | effect of reducing the available balance in the fund to an | ||||||
14 | amount less than
the amount remaining unexpended and unreserved | ||||||
15 | from the total appropriation
from that fund estimated to be | ||||||
16 | expended for that fiscal year. This Section does not apply to | ||||||
17 | any
funds that are restricted by federal law to a specific use, | ||||||
18 | to any funds in
the Motor Fuel Tax Fund, the Intercity | ||||||
19 | Passenger Rail Fund, the Hospital Provider Fund, the Medicaid | ||||||
20 | Provider Relief Fund, the Teacher Health Insurance Security | ||||||
21 | Fund, the Reviewing Court Alternative Dispute Resolution Fund, | ||||||
22 | the Voters' Guide Fund, the Foreign Language Interpreter Fund, | ||||||
23 | the Lawyers' Assistance Program Fund, the Supreme Court Federal | ||||||
24 | Projects Fund, the Supreme Court Special State Projects Fund, | ||||||
25 | the Supplemental Low-Income Energy Assistance Fund, the Good | ||||||
26 | Samaritan Energy Trust Fund, the Low-Level Radioactive Waste |
| |||||||
| |||||||
1 | Facility Development and Operation Fund, the Horse Racing | ||||||
2 | Equity Trust Fund, or the Hospital Basic Services Preservation | ||||||
3 | Fund, or to any
funds to which subsection (f) of Section 20-40 | ||||||
4 | of the Nursing and Advanced Practice Nursing Act applies. No | ||||||
5 | transfers may be made under this Section from the Pet | ||||||
6 | Population Control Fund. Notwithstanding any
other provision | ||||||
7 | of this Section, for fiscal year 2004,
the total transfer under | ||||||
8 | this Section from the Road Fund or the State
Construction | ||||||
9 | Account Fund shall not exceed the lesser of (i) 5% of the | ||||||
10 | revenues to be deposited
into the fund during that fiscal year | ||||||
11 | or (ii) 25% of the beginning balance in the fund.
For fiscal | ||||||
12 | year 2005 through fiscal year 2007, no amounts may be | ||||||
13 | transferred under this Section from the Road Fund, the State | ||||||
14 | Construction Account Fund, the Criminal Justice Information | ||||||
15 | Systems Trust Fund, the Wireless Service Emergency Fund, or the | ||||||
16 | Mandatory Arbitration Fund.
| ||||||
17 | In determining the available balance in a fund, the | ||||||
18 | Governor
may include receipts, transfers into the fund, and | ||||||
19 | other
resources anticipated to be available in the fund in that | ||||||
20 | fiscal year.
| ||||||
21 | The State Treasurer and Comptroller shall transfer the | ||||||
22 | amounts designated
under this Section as soon as may be | ||||||
23 | practicable after receiving the direction
to transfer from the | ||||||
24 | Governor.
| ||||||
25 | (a-5) Transfers directed to be made under this Section on | ||||||
26 | or before February 28, 2006 that are still pending on May 19, |
| |||||||
| |||||||
1 | 2006 ( the effective date of Public Act 94-774)
this amendatory | ||||||
2 | Act of the 94th General Assembly shall be redirected as | ||||||
3 | provided in Section 8n of this Act.
| ||||||
4 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
5 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
6 | Services and Resources Act; or (iii) on or after January 1, | ||||||
7 | 2006 (the effective date of Public Act 94-511), the Child Labor | ||||||
8 | and Day and Temporary Labor Enforcement Fund. | ||||||
9 | (c) This Section does not apply to the Demutualization | ||||||
10 | Trust Fund established under the Uniform Disposition of | ||||||
11 | Unclaimed Property Act.
| ||||||
12 | (d) This Section does not apply to moneys set aside in the | ||||||
13 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
14 | scholarships and residency programs under the Podiatric | ||||||
15 | Scholarship and Residency Act. | ||||||
16 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
17 | be made under this Section from, the Pension Stabilization | ||||||
18 | Fund.
| ||||||
19 | (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | ||||||
20 | eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | ||||||
21 | 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | ||||||
22 | 1-15-05; 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, eff. | ||||||
23 | 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; 94-645, | ||||||
24 | eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. 11-2-05; | ||||||
25 | 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, eff. | ||||||
26 | 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; 94-839, |
| |||||||
| |||||||
1 | eff. 6-6-06; revised 6-19-06.)
| ||||||
2 | Section 922. The Illinois Procurement Code is amended by | ||||||
3 | changing Section 50-70 as follows:
| ||||||
4 | (30 ILCS 500/50-70)
| ||||||
5 | Sec. 50-70. Additional provisions. This Code is subject
to | ||||||
6 | applicable provisions of
the following Acts:
| ||||||
7 | (1) Article 33E of the Criminal Code of 1961;
| ||||||
8 | (2) the Illinois Human Rights Act;
| ||||||
9 | (3) the Discriminatory Club Act;
| ||||||
10 | (4) the Illinois Governmental Ethics Act;
| ||||||
11 | (5) the State Prompt Payment Act;
| ||||||
12 | (6) the Public Officer Prohibited Activities Act;
| ||||||
13 | (7) the Drug Free Workplace Act; and
| ||||||
14 | (8) the Employee Classification Act ; and
.
| ||||||
15 | (9) Section 7 of the Riverboat and Casino Gambling Act.
| ||||||
16 | (Source: P.A. 95-26, eff. 1-1-08.)
| ||||||
17 | Section 924. If and only if the Regional Transportation | ||||||
18 | Authority passes a budget in any calendar year on or after the | ||||||
19 | effective date of this Act with at least $200,000,000 more than | ||||||
20 | the costs of operating transit services in the Regional | ||||||
21 | Transportation Authority region approved in calendar year | ||||||
22 | 2007, not including any amount transferred to the Regional | ||||||
23 | Transportation Authority pursuant to subsection (b-2) of |
| |||||||
| |||||||
1 | Section 13 of the Riverboat and Casino Gambling Act, then
the | ||||||
2 | Downstate Public Transportation Act is amended by adding | ||||||
3 | Section 2-7.1 as follows: | ||||||
4 | (30 ILCS 740/2-7.1 new)
| ||||||
5 | Sec. 2-7.1. State Gaming Fund repayment. Notwithstanding | ||||||
6 | the provisions of Section 2-7 or any other provision of this | ||||||
7 | Act concerning reimbursement for operating expenses, each | ||||||
8 | quarterly payment of reimbursement for operating expenses for | ||||||
9 | fiscal year 2009 to a system that received payment from an | ||||||
10 | appropriation from amounts transferred to the General Revenue | ||||||
11 | Fund under subsection (b-2) of Section 13 of the Riverboat and | ||||||
12 | Casino Gambling Act shall be reduced by one-quarter of the | ||||||
13 | amount so appropriated and paid to that system. An amount equal | ||||||
14 | to those reductions shall be transferred from the Public | ||||||
15 | Transportation Fund or the Metro-East Public Transportation | ||||||
16 | Fund, whichever is applicable, to the State Gaming Fund. Of | ||||||
17 | these deposits into the State Gaming Fund, an amount equal to | ||||||
18 | 30% shall be transferred to the Education Assistance Fund and | ||||||
19 | an amount equal to 70% shall be transferred to the Capital | ||||||
20 | Program Acceleration Fund.
| ||||||
21 | Section 925. The Tobacco Products Tax Act of 1995 is | ||||||
22 | amended by changing Section 99-99 as follows:
| ||||||
23 | (35 ILCS 143/99-99)
|
| |||||||
| |||||||
1 | Sec. 99-99. Effective date. This Section, Sections 10-1 | ||||||
2 | through 10-90 of
this Act, the changes to the Illinois | ||||||
3 | Administrative Procedure Act, the changes
to the State | ||||||
4 | Employees Group Insurance Act of 1971, the changes to Sec. 5 of
| ||||||
5 | the Children and Family Services Act, the changes to Sec. 8.27 | ||||||
6 | of the State
Finance Act, the changes to Secs. 16-136.2, | ||||||
7 | 16-153.2, and 17-156.3 of the
Illinois Pension Code, Sec. 8.19 | ||||||
8 | of the State Mandates Act, the changes to Sec.
8.2 of the | ||||||
9 | Abused and Neglected Child Reporting Act, and the changes to | ||||||
10 | the
Unemployment Insurance Act take effect upon becoming law.
| ||||||
11 | The following provisions take effect July 1, 1995: the | ||||||
12 | changes to the
Illinois Act on the Aging and the Civil | ||||||
13 | Administrative Code of Illinois; the
changes to Secs. 7 and | ||||||
14 | 8a-13 of the Children and Family Services Act; the
changes to | ||||||
15 | the Disabled Persons Rehabilitation Act; Secs. 5.408, 5.409, | ||||||
16 | 6z-39,
and 6z-40 and the changes to Sec. 8.16 of the State | ||||||
17 | Finance Act; the changes to
the State Prompt Payment Act, the | ||||||
18 | Illinois Income Tax Act, and Sec. 16-133.3 of
the Illinois | ||||||
19 | Pension Code; Sec. 2-3.117 and the changes to Secs. 14-7.02 and
| ||||||
20 | 14-15.01 of the School Code; Sec. 2-201.5 of the Nursing Home | ||||||
21 | Care Act; the
changes to the Child Care Act of 1969 and the | ||||||
22 | Riverboat and Casino Gambling Act; the
changes to Secs. 3-1, | ||||||
23 | 3-1a, 3-3, 3-4, 3-13, 5-2.1, 5-5, 5-5.02, 5-5.4, 5-13,
5-16.3, | ||||||
24 | 5-16.5, 5A-2, 5A-3, 5C-2, 5C-7, 5D-1, 5E-10, 6-8, 6-11, 9-11, | ||||||
25 | 12-4.4,
12-10.2, and 14-8 and the repeal of Sec. 9-11 of the | ||||||
26 | Illinois Public Aid Code;
the changes to Sec. 3 of the Abused |
| |||||||
| |||||||
1 | and Neglected Child Reporting Act; and the
changes to the | ||||||
2 | Juvenile Court Act of 1987, the Adoption Act, and the Probate
| ||||||
3 | Act of 1975.
| ||||||
4 | The remaining provisions of this Act take effect on the | ||||||
5 | uniform effective
date as provided in the Effective Date of | ||||||
6 | Laws Act.
| ||||||
7 | (Source: P.A. 89-21, eff. 6-6-95.)
| ||||||
8 | Section 930. The Joliet Regional Port District Act is | ||||||
9 | amended by changing Section 5.1 as follows:
| ||||||
10 | (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
| ||||||
11 | Sec. 5.1. Riverboat and casino gambling. Notwithstanding | ||||||
12 | any other provision of
this Act, the District may not regulate | ||||||
13 | the operation, conduct, or
navigation of any riverboat gambling | ||||||
14 | casino licensed under the Riverboat and Casino
Gambling Act, | ||||||
15 | and the District
may not license, tax, or otherwise levy any | ||||||
16 | assessment of any kind on
any riverboat gambling casino | ||||||
17 | licensed under the Riverboat and Casino Gambling Act. The
| ||||||
18 | General Assembly declares that the powers to regulate the | ||||||
19 | operation,
conduct, and navigation of riverboat gambling | ||||||
20 | casinos and to license, tax,
and levy assessments upon | ||||||
21 | riverboat gambling casinos are exclusive powers of
the State of | ||||||
22 | Illinois and the Illinois Gaming Board as provided in the
| ||||||
23 | Riverboat and Casino Gambling Act.
| ||||||
24 | (Source: P.A. 87-1175.)
|
| |||||||
| |||||||
1 | Section 932. If and only if the Regional Transportation | ||||||
2 | Authority passes a budget in any calendar year on or after the | ||||||
3 | effective date of this Act with at least $200,000,000 more than | ||||||
4 | the costs of operating transit services in the Regional | ||||||
5 | Transportation Authority region approved in calendar year | ||||||
6 | 2007, not including any amount transferred to the Regional | ||||||
7 | Transportation Authority pursuant to subsection (b-2) of | ||||||
8 | Section 13 of the Riverboat and Casino Gambling Act, then the | ||||||
9 | Regional Transportation Authority Act is amended by adding | ||||||
10 | Section 4.03.2 as follows: | ||||||
11 | (70 ILCS 3615/4.03.2 new)
| ||||||
12 | Sec. 4.03.2. State Gaming Fund repayment. Notwithstanding | ||||||
13 | the provisions of Section 4.03.3 or any other provision of this | ||||||
14 | Act concerning distribution of proceeds of taxes authorized | ||||||
15 | under Section 4.03, prior to any other disbursement of the | ||||||
16 | proceeds of those taxes, at the end of each 30-day period after | ||||||
17 | the effective date of this Section, the Authority must pay from | ||||||
18 | those tax proceeds an amount equal to one-twelfth of | ||||||
19 | $200,000,000 to the State Treasurer to be deposited into the | ||||||
20 | State Gaming Fund until the total amount of $200,000,000 has | ||||||
21 | been deposited into the Fund. Of these deposits into the State | ||||||
22 | Gaming Fund, an amount equal to 30% shall be transferred to the | ||||||
23 | Education Assistance Fund and an amount equal to 70% shall be | ||||||
24 | transferred to the Capital Program Acceleration Fund. |
| |||||||
| |||||||
1 | Section 935. The Consumer Installment Loan Act is amended | ||||||
2 | by changing Section 12.5 as follows:
| ||||||
3 | (205 ILCS 670/12.5)
| ||||||
4 | Sec. 12.5. Limited purpose branch.
| ||||||
5 | (a) Upon the written approval of the Director, a licensee | ||||||
6 | may maintain a
limited purpose branch for the sole purpose of | ||||||
7 | making loans as permitted by
this Act. A limited purpose branch | ||||||
8 | may include an automatic loan machine. No
other activity shall | ||||||
9 | be conducted at the site, including but not limited to,
| ||||||
10 | accepting payments, servicing the accounts, or collections.
| ||||||
11 | (b) The licensee must submit an application for a limited | ||||||
12 | purpose branch to
the Director on forms prescribed by the | ||||||
13 | Director with an application fee of
$300. The approval for the | ||||||
14 | limited purpose branch must be renewed concurrently
with the | ||||||
15 | renewal of the licensee's license along with a renewal fee of | ||||||
16 | $300 for
the limited purpose branch.
| ||||||
17 | (c) The books, accounts, records, and files of the limited | ||||||
18 | purpose branch's
transactions shall be maintained at the | ||||||
19 | licensee's licensed location. The
licensee shall notify the | ||||||
20 | Director of the licensed location at which the books,
accounts, | ||||||
21 | records, and files shall be maintained.
| ||||||
22 | (d) The licensee shall prominently display at the limited | ||||||
23 | purpose branch the
address and telephone number of the | ||||||
24 | licensee's licensed location.
|
| |||||||
| |||||||
1 | (e) No other business shall be conducted at the site of the | ||||||
2 | limited purpose
branch unless authorized by the Director.
| ||||||
3 | (f) The Director shall make and enforce reasonable rules | ||||||
4 | for the conduct of
a limited purpose branch.
| ||||||
5 | (g) A limited purpose branch may not be located
within | ||||||
6 | 1,000 feet of a facility operated by an inter-track wagering | ||||||
7 | licensee or
an organization licensee subject to the Illinois | ||||||
8 | Horse Racing Act of 1975,
on a riverboat or in a casino subject | ||||||
9 | to
the Riverboat and Casino Gambling Act, or within 1,000 feet | ||||||
10 | of the location at which the
riverboat docks or within 1,000 | ||||||
11 | feet of a casino .
| ||||||
12 | (Source: P.A. 90-437, eff. 1-1-98.)
| ||||||
13 | Section 940. The Illinois Horse Racing Act of 1975 is | ||||||
14 | amended by changing
Sections 1.2, 3.12, 3.20, 3.22, 3.23, 9, | ||||||
15 | 14, 15, 26, 27, 28, 28.1, 30, 31, 36, and 54.5 and adding | ||||||
16 | Sections 3.28, 3.29, and 31.2 as follows:
| ||||||
17 | (230 ILCS 5/1.2)
| ||||||
18 | Sec. 1.2. Legislative intent. This Act is intended to | ||||||
19 | benefit the people of
the State of Illinois by encouraging the | ||||||
20 | breeding and production of race
horses, assisting economic | ||||||
21 | development , and promoting Illinois tourism.
The General | ||||||
22 | Assembly finds and declares it to be the public policy of the | ||||||
23 | State
of Illinois to:
| ||||||
24 | (a) support and enhance Illinois' horse racing industry, |
| |||||||
| |||||||
1 | which is a
significant
component within the agribusiness | ||||||
2 | industry;
| ||||||
3 | (b) ensure that Illinois' horse racing industry remains | ||||||
4 | competitive with
neighboring states;
| ||||||
5 | (c) stimulate growth within Illinois' horse racing | ||||||
6 | industry, thereby
encouraging
new investment and development | ||||||
7 | to produce additional tax revenues and to
create additional | ||||||
8 | jobs;
| ||||||
9 | (d) promote the further growth of tourism;
| ||||||
10 | (e) encourage the breeding of thoroughbred and | ||||||
11 | standardbred horses in this
State; and
| ||||||
12 | (f) ensure that public confidence and trust in the | ||||||
13 | credibility and integrity
of
racing operations and the | ||||||
14 | regulatory process is maintained.
| ||||||
15 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
16 | (230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
| ||||||
17 | Sec. 3.12. Pari-mutuel system of
wagering.
"Pari-mutuel | ||||||
18 | system of
wagering" means a form of wagering on the outcome of
| ||||||
19 | horse races in which
wagers are made in various
denominations | ||||||
20 | on a horse or horses
and
all wagers for each race are pooled | ||||||
21 | and held by a licensee
for distribution in a manner approved by | ||||||
22 | the Board. Wagers may be placed via any method or at any | ||||||
23 | location authorized under this Act.
| ||||||
24 | (Source: P.A. 89-16, eff. 5-30-95.)
|
| |||||||
| |||||||
1 | (230 ILCS 5/3.20)
| ||||||
2 | Sec. 3.20. Licensee.
"Licensee" means an individual | ||||||
3 | organization licensee, an
inter-track wagering licensee, an
or
| ||||||
4 | inter-track wagering location licensee , or an advance deposit | ||||||
5 | wagering licensee , as
the context of this Act requires.
| ||||||
6 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
7 | (230 ILCS 5/3.22)
| ||||||
8 | Sec. 3.22. Wagering facility.
"Wagering facility" means | ||||||
9 | any location at which a licensee , other than an advance deposit | ||||||
10 | wagering licensee,
may
accept or receive pari-mutuel wagers | ||||||
11 | under this Act.
| ||||||
12 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
13 | (230 ILCS 5/3.23)
| ||||||
14 | Sec. 3.23. Wagering.
"Wagering" means, collectively, the | ||||||
15 | pari-mutuel system of
wagering, inter-track wagering, and
| ||||||
16 | simulcast wagering , and advance deposit wagering .
| ||||||
17 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
18 | (230 ILCS 5/3.28 new)
| ||||||
19 | Sec. 3.28. Advance deposit wagering licensee. "Advance | ||||||
20 | deposit wagering licensee" means a person licensed by the Board | ||||||
21 | to conduct advance deposit wagering. An advance deposit | ||||||
22 | wagering licensee shall be an organization licensee or a person | ||||||
23 | or third party who contracts with an organization licensee in |
| |||||||
| |||||||
1 | order to conduct advance deposit wagering. | ||||||
2 | (230 ILCS 5/3.29 new)
| ||||||
3 | Sec. 3.29. Advance deposit wagering. "Advance deposit | ||||||
4 | wagering" means a method of pari-mutuel wagering in which an | ||||||
5 | individual may establish an account, deposit money into the | ||||||
6 | account, and use the account balance to pay for pari-mutuel | ||||||
7 | wagering authorized by this Act. An advance deposit wager may | ||||||
8 | be placed in person at a wagering facility or from any other | ||||||
9 | location via a telephone-type device or any other electronic | ||||||
10 | means. Any person who accepts an advance deposit wager who is | ||||||
11 | not licensed by the Board as an advance deposit wagering | ||||||
12 | licensee shall be considered in violation of this Act and the | ||||||
13 | Criminal Code of 1961. Any advance deposit wager placed in | ||||||
14 | person at a wagering facility shall be deemed to have been | ||||||
15 | placed at that wagering facility.
| ||||||
16 | (230 ILCS 5/9) (from Ch. 8, par. 37-9)
| ||||||
17 | Sec. 9. The Board shall have all powers necessary and | ||||||
18 | proper to fully and
effectively execute the provisions of this | ||||||
19 | Act, including, but not
limited to, the following:
| ||||||
20 | (a) The Board is vested with jurisdiction and supervision | ||||||
21 | over all race
meetings in this State, over all licensees doing | ||||||
22 | business
in this
State, over all occupation licensees, and over | ||||||
23 | all persons on the
facilities of any licensee. Such | ||||||
24 | jurisdiction shall
include the power to issue licenses to the |
| |||||||
| |||||||
1 | Illinois Department of
Agriculture authorizing the pari-mutuel | ||||||
2 | system of wagering
on harness and Quarter Horse races held (1) | ||||||
3 | at the Illinois State Fair in
Sangamon County, and (2) at the | ||||||
4 | DuQuoin State Fair in Perry County. The
jurisdiction of the | ||||||
5 | Board shall also include the power to issue licenses to
county | ||||||
6 | fairs which are eligible to receive funds pursuant to the
| ||||||
7 | Agricultural Fair Act, as now or hereafter amended, or their | ||||||
8 | agents,
authorizing the pari-mutuel system of wagering on horse
| ||||||
9 | races
conducted at the county fairs receiving such licenses. | ||||||
10 | Such licenses shall be
governed by subsection (n) of this | ||||||
11 | Section.
| ||||||
12 | Upon application, the Board shall issue a license to the | ||||||
13 | Illinois Department
of Agriculture to conduct harness and | ||||||
14 | Quarter Horse races at the Illinois State
Fair and at the | ||||||
15 | DuQuoin State Fairgrounds
during the scheduled dates of each | ||||||
16 | fair. The Board shall not require and the
Department of | ||||||
17 | Agriculture shall be exempt from the requirements of Sections
| ||||||
18 | 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), | ||||||
19 | (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 | ||||||
20 | and 25. The Board and the Department
of
Agriculture may extend | ||||||
21 | any or all of these exemptions to any contractor or
agent | ||||||
22 | engaged by the Department of Agriculture to conduct its race | ||||||
23 | meetings
when the Board determines that this would best serve | ||||||
24 | the public interest and
the interest of horse racing.
| ||||||
25 | Notwithstanding any provision of law to the contrary, it | ||||||
26 | shall be lawful for
any licensee to operate pari-mutuel |
| |||||||
| |||||||
1 | wagering
or
contract with the Department of Agriculture to | ||||||
2 | operate pari-mutuel wagering at
the DuQuoin State Fairgrounds | ||||||
3 | or for the Department to enter into contracts
with a licensee, | ||||||
4 | employ its owners,
employees
or
agents and employ such other | ||||||
5 | occupation licensees as the Department deems
necessary in | ||||||
6 | connection with race meetings and wagerings.
| ||||||
7 | (b) The Board is vested with the full power to promulgate | ||||||
8 | reasonable
rules and regulations for the purpose of | ||||||
9 | administering the provisions of
this Act and to prescribe | ||||||
10 | reasonable rules, regulations and conditions
under which all | ||||||
11 | horse race meetings or wagering in the State shall be
| ||||||
12 | conducted. Such reasonable rules and regulations are to provide | ||||||
13 | for the
prevention of practices detrimental to the public | ||||||
14 | interest and to promote the best
interests of horse racing and | ||||||
15 | to impose penalties for violations thereof.
| ||||||
16 | (c) The Board, and any person or persons to whom it | ||||||
17 | delegates
this power, is vested with the power to enter the | ||||||
18 | facilities and other places of business of any licensee to | ||||||
19 | determine whether there has been compliance with
the provisions | ||||||
20 | of this Act and its rules and regulations.
| ||||||
21 | (d) The Board, and any person or persons to whom it | ||||||
22 | delegates this
power, is vested with the authority to | ||||||
23 | investigate alleged violations of
the provisions of this Act, | ||||||
24 | its reasonable rules and regulations, orders
and final | ||||||
25 | decisions; the Board shall take appropriate disciplinary | ||||||
26 | action
against any licensee or occupation licensee for |
| |||||||
| |||||||
1 | violation
thereof or
institute appropriate legal action for the | ||||||
2 | enforcement thereof.
| ||||||
3 | (e) The Board, and any person or persons to whom it | ||||||
4 | delegates this power,
may eject or exclude from any race | ||||||
5 | meeting or
the facilities of any licensee, or any part
thereof, | ||||||
6 | any occupation licensee or any
other individual whose conduct | ||||||
7 | or reputation is such that his presence on
those facilities | ||||||
8 | may, in the opinion of the Board, call into question
the | ||||||
9 | honesty and integrity of horse racing or wagering or interfere | ||||||
10 | with the
orderly
conduct of horse racing or wagering; provided, | ||||||
11 | however, that no person
shall be
excluded or ejected from the | ||||||
12 | facilities of any licensee solely on the grounds of
race, | ||||||
13 | color, creed, national origin, ancestry, or sex. The power to | ||||||
14 | eject
or exclude an occupation licensee or other individual may
| ||||||
15 | be exercised for just cause by the licensee or the Board, | ||||||
16 | subject to subsequent hearing by the
Board as to the propriety | ||||||
17 | of said exclusion.
| ||||||
18 | (f) The Board is vested with the power to acquire,
| ||||||
19 | establish, maintain and operate (or provide by contract to
| ||||||
20 | maintain and operate) testing laboratories and related | ||||||
21 | facilities,
for the purpose of conducting saliva, blood, urine | ||||||
22 | and other tests on the
horses run or to be run in any horse race | ||||||
23 | meeting and to purchase all
equipment and supplies deemed | ||||||
24 | necessary or desirable in connection with
any such testing | ||||||
25 | laboratories and related facilities and all such tests.
| ||||||
26 | (f-5) The Department of Agriculture is vested with the |
| |||||||
| |||||||
1 | power to acquire, establish, maintain, and operate (or provide | ||||||
2 | by contract to maintain and operate) testing laboratories and | ||||||
3 | related facilities for the purpose of conducting saliva, blood, | ||||||
4 | urine, and other tests on the horses run or to be run in any | ||||||
5 | county fair horse race meeting and of purchasing all equipment | ||||||
6 | and supplies deemed necessary or desirable in connection with | ||||||
7 | any such testing laboratories and related facilities and all | ||||||
8 | such tests in any county fair horse race.
| ||||||
9 | (g) The Board may require that the records, including | ||||||
10 | financial or other
statements of any licensee or any person | ||||||
11 | affiliated with the licensee who is
involved directly or | ||||||
12 | indirectly in the activities of any licensee as regulated
under | ||||||
13 | this Act to the extent that those financial or other statements | ||||||
14 | relate to
such activities be kept in
such manner as prescribed | ||||||
15 | by the Board, and that Board employees shall have
access to | ||||||
16 | those records during reasonable business
hours. Within 120 days | ||||||
17 | of the end of its fiscal year, each licensee shall
transmit to
| ||||||
18 | the Board
an audit of the financial transactions and condition | ||||||
19 | of the licensee's total
operations. All audits shall be | ||||||
20 | conducted by certified public accountants.
Each certified | ||||||
21 | public accountant must be registered in the State of Illinois
| ||||||
22 | under the Illinois Public Accounting Act. The compensation for | ||||||
23 | each certified
public accountant shall be paid directly by the | ||||||
24 | licensee to the certified
public accountant. A licensee shall | ||||||
25 | also submit any other financial or related
information the | ||||||
26 | Board deems necessary to effectively administer this Act and
|
| |||||||
| |||||||
1 | all rules, regulations, and final decisions promulgated under | ||||||
2 | this Act.
| ||||||
3 | (h) The Board shall name and appoint in the manner provided | ||||||
4 | by the rules
and regulations of the Board: an Executive | ||||||
5 | Director; a State director
of mutuels; State veterinarians and | ||||||
6 | representatives to take saliva, blood,
urine and other tests on | ||||||
7 | horses; licensing personnel; revenue
inspectors; and State | ||||||
8 | seasonal employees (excluding admission ticket
sellers and | ||||||
9 | mutuel clerks). All of those named and appointed as provided
in | ||||||
10 | this subsection shall serve during the pleasure of the Board; | ||||||
11 | their
compensation shall be determined by the Board and be paid | ||||||
12 | in the same
manner as other employees of the Board under this | ||||||
13 | Act.
| ||||||
14 | (i) The Board shall require that there shall be 3 stewards | ||||||
15 | at each horse
race meeting, at least 2 of whom shall be named | ||||||
16 | and appointed by the Board.
Stewards appointed or approved by | ||||||
17 | the Board, while performing duties
required by this Act or by | ||||||
18 | the Board, shall be entitled to the same rights
and immunities | ||||||
19 | as granted to Board members and Board employees in Section
10 | ||||||
20 | of this Act.
| ||||||
21 | (j) The Board may discharge any Board employee
who fails or | ||||||
22 | refuses for any reason to comply with the rules and
regulations | ||||||
23 | of the Board, or who, in the opinion of the Board,
is guilty of | ||||||
24 | fraud, dishonesty or who is proven to be incompetent.
The Board | ||||||
25 | shall have no right or power to determine who shall be | ||||||
26 | officers,
directors or employees of any licensee, or their |
| |||||||
| |||||||
1 | salaries
except the Board may, by rule, require that all or any | ||||||
2 | officials or
employees in charge of or whose duties relate to | ||||||
3 | the actual running of
races be approved by the Board.
| ||||||
4 | (k) The Board is vested with the power to appoint
delegates | ||||||
5 | to execute any of the powers granted to it under this Section
| ||||||
6 | for the purpose of administering this Act and any rules or | ||||||
7 | regulations
promulgated in accordance with this Act.
| ||||||
8 | (l) The Board is vested with the power to impose civil | ||||||
9 | penalties of up to
$5,000 against an individual and up to | ||||||
10 | $10,000 against a
licensee for each
violation of any provision | ||||||
11 | of this Act, any rules adopted by the Board, any
order of the | ||||||
12 | Board or any other action which, in the Board's discretion, is
| ||||||
13 | a detriment or impediment to horse racing or wagering.
| ||||||
14 | (m) The Board is vested with the power to prescribe a form | ||||||
15 | to be used
by licensees as an application for employment for | ||||||
16 | employees of
each licensee.
| ||||||
17 | (n) The Board shall have the power to issue a license
to | ||||||
18 | any county fair, or its
agent, authorizing the conduct of the | ||||||
19 | pari-mutuel system of
wagering. The Board is vested with the | ||||||
20 | full power to promulgate
reasonable rules, regulations and | ||||||
21 | conditions under which all horse race
meetings licensed | ||||||
22 | pursuant to this subsection shall be held and conducted,
| ||||||
23 | including rules, regulations and conditions for the conduct of | ||||||
24 | the
pari-mutuel system of wagering. The rules, regulations and
| ||||||
25 | conditions shall provide for the prevention of practices | ||||||
26 | detrimental to the
public interest and for the best interests |
| |||||||
| |||||||
1 | of horse racing, and shall
prescribe penalties for violations | ||||||
2 | thereof. Any authority granted the
Board under this Act shall | ||||||
3 | extend to its jurisdiction and supervision over
county fairs, | ||||||
4 | or their agents, licensed pursuant to this subsection.
However, | ||||||
5 | the Board may waive any provision of this Act or its rules or
| ||||||
6 | regulations which would otherwise apply to such county fairs or | ||||||
7 | their agents.
| ||||||
8 | (o) Whenever the Board is authorized or
required by law to | ||||||
9 | consider some aspect of criminal history record
information for | ||||||
10 | the purpose of carrying out its statutory powers and
| ||||||
11 | responsibilities, then, upon request and payment of fees in | ||||||
12 | conformance
with the requirements of Section 2605-400 of
the | ||||||
13 | Department of State Police Law (20 ILCS 2605/2605-400), the | ||||||
14 | Department of State Police is
authorized to furnish, pursuant | ||||||
15 | to positive identification, such
information contained in | ||||||
16 | State files as is necessary to fulfill the request.
| ||||||
17 | (p) To insure the convenience, comfort, and wagering | ||||||
18 | accessibility of
race track patrons, to provide for the | ||||||
19 | maximization of State revenue, and
to generate increases in | ||||||
20 | purse allotments to the horsemen, the Board shall
require any | ||||||
21 | licensee to staff the pari-mutuel department with
adequate | ||||||
22 | personnel.
| ||||||
23 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
24 | (230 ILCS 5/14) (from Ch. 8, par. 37-14)
| ||||||
25 | Sec. 14. (a) The Board shall hold regular and special |
| |||||||
| |||||||
1 | meetings at such
times and places as may be necessary to | ||||||
2 | perform properly and effectively all
duties required under this | ||||||
3 | Act. A majority of the members of the Board shall
constitute a | ||||||
4 | quorum for the transaction of any business, for the performance | ||||||
5 | of
any duty, or for the exercise of any power which this Act | ||||||
6 | requires the Board
members to transact, perform or exercise en | ||||||
7 | banc, except that upon order of the
Board one of the Board | ||||||
8 | members may conduct the hearing provided in Section 16.
The | ||||||
9 | Board member conducting such hearing shall have all powers and | ||||||
10 | rights
granted to the Board in this Act. The record made at the | ||||||
11 | hearing shall be
reviewed by the Board, or a majority thereof, | ||||||
12 | and the findings and decision of
the majority of the Board | ||||||
13 | shall constitute the order of the Board in such case.
| ||||||
14 | (b) The Board shall obtain a court reporter who will be | ||||||
15 | present at each
regular and special meeting and proceeding and | ||||||
16 | who shall make accurate
transcriptions thereof except that when | ||||||
17 | in the judgment of the Board an
emergency situation requires a | ||||||
18 | meeting by teleconference, the executive
director shall | ||||||
19 | prepare minutes of the meeting indicating the date and time of
| ||||||
20 | the meeting and which members of the Board were present or | ||||||
21 | absent, summarizing
all
matters proposed, deliberated, or | ||||||
22 | decided at the meeting, and indicating the
results of all votes | ||||||
23 | taken. The public shall be allowed to listen to the
proceedings | ||||||
24 | of that meeting at all Board branch offices.
| ||||||
25 | (c) The Board shall provide records which are separate and
| ||||||
26 | distinct from the records of any other State board or |
| |||||||
| |||||||
1 | commission. Such
records shall be available for public | ||||||
2 | inspection and shall accurately reflect
all Board proceedings.
| ||||||
3 | (d) The Board shall file a written annual report with the | ||||||
4 | Governor on or
before March 1 each year and such additional | ||||||
5 | reports as the Governor may
request. The annual report shall | ||||||
6 | include a statement of receipts and
disbursements by the Board, | ||||||
7 | actions taken by the Board, a report on the
industry's progress | ||||||
8 | toward the policy objectives established in Section 1.2 of
this | ||||||
9 | Act, and any
additional
information and recommendations which | ||||||
10 | the Board may deem valuable or which the
Governor may request.
| ||||||
11 | (e) The Board shall maintain a branch office on the ground | ||||||
12 | of every
organization licensee during the organization | ||||||
13 | licensee's race meeting, which
office shall be kept open | ||||||
14 | throughout the time the race meeting is held. The
Board shall | ||||||
15 | designate one of its members, or an authorized agent of the | ||||||
16 | Board
who shall have the authority to act for the Board, to be | ||||||
17 | in charge of the
branch office during the time it is required | ||||||
18 | to be kept open.
| ||||||
19 | (f) The Board shall perform an annual review of the | ||||||
20 | distributions from the Horse Racing Equity Trust Fund and make | ||||||
21 | recommendations to the General Assembly regarding purse | ||||||
22 | allocations and the distribution formula from the Horse Racing | ||||||
23 | Equity Trust Fund. In making its recommendations, the Board | ||||||
24 | shall consider the impact of riverboat and casino gambling on | ||||||
25 | each organization licensee and each organization licensee's | ||||||
26 | efforts to promote and support horse racing.
|
| |||||||
| |||||||
1 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
2 | (230 ILCS 5/15) (from Ch. 8, par. 37-15)
| ||||||
3 | Sec. 15. (a) The Board shall, in its discretion, issue | ||||||
4 | occupation
licenses
to horse owners, trainers, harness | ||||||
5 | drivers, jockeys, agents, apprentices,
grooms, stable foremen, | ||||||
6 | exercise persons, veterinarians, valets, blacksmiths,
| ||||||
7 | concessionaires and others designated by the Board whose work, | ||||||
8 | in whole or in
part, is conducted upon facilities within the | ||||||
9 | State. Such occupation licenses
will
be obtained prior to the
| ||||||
10 | persons engaging in their vocation upon such facilities. The
| ||||||
11 | Board shall not license pari-mutuel clerks, parking | ||||||
12 | attendants, security
guards and employees of concessionaires. | ||||||
13 | No occupation license shall be
required of
any person who works | ||||||
14 | at facilities within this
State as a pari-mutuel
clerk, parking | ||||||
15 | attendant, security guard or as an employee of a | ||||||
16 | concessionaire.
Concessionaires of the Illinois State Fair and | ||||||
17 | DuQuoin State Fair and
employees of the Illinois Department of | ||||||
18 | Agriculture shall not be required to
obtain an occupation | ||||||
19 | license by the Board.
| ||||||
20 | (b) Each application for an occupation license shall be on | ||||||
21 | forms
prescribed by the Board. Such license, when issued, shall | ||||||
22 | be for the
period ending December 31 of each year, except that | ||||||
23 | the Board in its
discretion may grant 3-year licenses. The | ||||||
24 | application shall
be accompanied
by a fee of not more than $25 | ||||||
25 | per year
or, in the case of 3-year occupation
license
|
| |||||||
| |||||||
1 | applications, a fee of not more than $60. Each applicant shall | ||||||
2 | set forth in
the application his full name and address, and if | ||||||
3 | he had been issued prior
occupation licenses or has been | ||||||
4 | licensed in any other state under any other
name, such name, | ||||||
5 | his age, whether or not a permit or license issued to him
in | ||||||
6 | any other state has been suspended or revoked and if so whether | ||||||
7 | such
suspension or revocation is in effect at the time of the | ||||||
8 | application, and
such other information as the Board may | ||||||
9 | require. Fees for registration of
stable names shall not exceed | ||||||
10 | $50.00.
| ||||||
11 | (c) The Board may in its discretion refuse an occupation | ||||||
12 | license
to any person:
| ||||||
13 | (1) who has been convicted of a crime;
| ||||||
14 | (2) who is unqualified to perform the duties required | ||||||
15 | of such applicant;
| ||||||
16 | (3) who fails to disclose or states falsely any | ||||||
17 | information called for
in the application;
| ||||||
18 | (4) who has been found guilty of a violation of this | ||||||
19 | Act or of the rules
and regulations of the Board; or
| ||||||
20 | (5) whose license or permit has been suspended, revoked | ||||||
21 | or denied for just
cause in any other state.
| ||||||
22 | (d) The Board may suspend or revoke any occupation license:
| ||||||
23 | (1) for violation of any of the provisions of this Act; | ||||||
24 | or
| ||||||
25 | (2) for violation of any of the rules or regulations of | ||||||
26 | the Board; or
|
| |||||||
| |||||||
1 | (3) for any cause which, if known to the Board, would | ||||||
2 | have justified the
Board in refusing to issue such | ||||||
3 | occupation license; or
| ||||||
4 | (4) for any other just cause.
| ||||||
5 | (e)
Each applicant shall submit his or her fingerprints | ||||||
6 | to the
Department
of State Police in the form and manner | ||||||
7 | prescribed by the Department of State
Police. These | ||||||
8 | fingerprints shall be checked against the fingerprint records
| ||||||
9 | now and hereafter filed in the Department of State
Police and | ||||||
10 | Federal Bureau of Investigation criminal history records
| ||||||
11 | databases. The Department of State Police shall charge
a fee | ||||||
12 | for conducting the criminal history records check, which shall | ||||||
13 | be
deposited in the State Police Services Fund and shall not | ||||||
14 | exceed the actual
cost of the records check. The Department of | ||||||
15 | State Police shall furnish,
pursuant to positive | ||||||
16 | identification, records of conviction to the Board.
Each | ||||||
17 | applicant for licensure shall submit with his occupation
| ||||||
18 | license
application, on forms provided by the Board, 2 sets of | ||||||
19 | his fingerprints.
All such applicants shall appear in person at | ||||||
20 | the location designated by
the Board for the purpose of | ||||||
21 | submitting such sets of fingerprints; however,
with the prior | ||||||
22 | approval of a State steward, an applicant may have such sets
of | ||||||
23 | fingerprints taken by an official law enforcement agency and | ||||||
24 | submitted to
the Board.
| ||||||
25 | (f) The Board may, in its discretion, issue an occupation | ||||||
26 | license without
submission of fingerprints if an applicant has |
| |||||||
| |||||||
1 | been duly licensed in another
recognized racing jurisdiction | ||||||
2 | after submitting fingerprints that were
subjected to a Federal | ||||||
3 | Bureau of Investigation criminal history background
check
in
| ||||||
4 | that jurisdiction .
| ||||||
5 | (Source: P.A. 93-418, eff. 1-1-04.)
| ||||||
6 | (230 ILCS 5/26)
(from Ch. 8, par. 37-26)
| ||||||
7 | Sec. 26. Wagering.
| ||||||
8 | (a) Any licensee may conduct and supervise the pari-mutuel | ||||||
9 | system of
wagering, as defined in Section 3.12 of this Act, on | ||||||
10 | horse races conducted by
an Illinois organization licensee or | ||||||
11 | conducted at a racetrack located in
another state or country | ||||||
12 | and televised in Illinois in accordance with
subsection (g) of | ||||||
13 | Section 26 of this Act. Subject to the prior consent of the
| ||||||
14 | Board, licensees may supplement any pari-mutuel pool in order | ||||||
15 | to guarantee a
minimum distribution. Such pari-mutuel method of | ||||||
16 | wagering shall not, under any
circumstances if conducted under | ||||||
17 | the provisions of this Act, be held or
construed to be | ||||||
18 | unlawful, other statutes of this State to the contrary
| ||||||
19 | notwithstanding. Subject to rules for advance wagering | ||||||
20 | promulgated by the
Board, any licensee may accept wagers in | ||||||
21 | advance of the day of the race wagered
upon occurs.
| ||||||
22 | (b) No other method of
betting, pool making, wagering or | ||||||
23 | gambling shall be used or permitted by the
licensee. Each | ||||||
24 | licensee may retain, subject to the payment of all applicable
| ||||||
25 | taxes and purses, an amount not to exceed 17% of all money |
| |||||||
| |||||||
1 | wagered under
subsection (a) of this Section, except as may | ||||||
2 | otherwise be permitted under this
Act.
| ||||||
3 | (b-5) An individual may place a wager under the pari-mutuel | ||||||
4 | system from
any licensed location or via any other method
| ||||||
5 | authorized under this Act provided that wager is
electronically | ||||||
6 | recorded in the manner described in Section 3.12 of this Act.
| ||||||
7 | Any wager made electronically by an individual while physically | ||||||
8 | on the premises
of a licensee shall be deemed to have been made | ||||||
9 | at the premises of that
licensee.
| ||||||
10 | (c) Until January 1, 2000, the sum held by any licensee for | ||||||
11 | payment of
outstanding pari-mutuel tickets, if unclaimed prior | ||||||
12 | to December 31 of the
next year, shall be retained by the | ||||||
13 | licensee for payment of
such tickets until that date. Within 10 | ||||||
14 | days thereafter, the balance of
such sum remaining unclaimed, | ||||||
15 | less any uncashed supplements contributed by such
licensee for | ||||||
16 | the purpose of guaranteeing minimum distributions
of any | ||||||
17 | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| ||||||
18 | Rehabilitation Fund of the State treasury, except as provided | ||||||
19 | in subsection
(g) of Section 27 of this Act.
| ||||||
20 | (c-5) Beginning January 1, 2000, the sum held by any | ||||||
21 | licensee for payment
of
outstanding pari-mutuel tickets, if | ||||||
22 | unclaimed prior to December 31 of the
next year, shall be | ||||||
23 | retained by the licensee for payment of
such tickets until that | ||||||
24 | date ; except that, beginning on the effective date of this | ||||||
25 | amendatory Act of the 95th General Assembly, the sum held by an | ||||||
26 | organization licensee located in a county with a population in |
| |||||||
| |||||||
1 | excess of 230,000 and that borders the Mississippi River and | ||||||
2 | every inter-track wagering location licensee who derives its | ||||||
3 | license from that organization licensee shall be retained by | ||||||
4 | the organization licensee for payment of such tickets until | ||||||
5 | that date . Within 10 days thereafter, the balance of
such sum | ||||||
6 | remaining unclaimed, less any uncashed supplements contributed | ||||||
7 | by such
licensee for the purpose of guaranteeing minimum | ||||||
8 | distributions
of any pari-mutuel pool, shall be evenly | ||||||
9 | distributed to the purse account of
the organization licensee | ||||||
10 | and the organization licensee.
| ||||||
11 | (d) A pari-mutuel ticket shall be honored until December 31 | ||||||
12 | of the
next calendar year, and the licensee shall pay the same | ||||||
13 | and may
charge the amount thereof against unpaid money | ||||||
14 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
15 | presented for payment.
| ||||||
16 | (e) No licensee shall knowingly permit any minor, other
| ||||||
17 | than an employee of such licensee or an owner, trainer,
jockey, | ||||||
18 | driver, or employee thereof, to be admitted during a racing
| ||||||
19 | program unless accompanied by a parent or guardian, or any | ||||||
20 | minor to be a
patron of the pari-mutuel system of wagering | ||||||
21 | conducted or
supervised by it. The admission of any | ||||||
22 | unaccompanied minor, other than
an employee of the licensee or | ||||||
23 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
24 | race track is a Class C
misdemeanor.
| ||||||
25 | (f) Notwithstanding the other provisions of this Act, an
| ||||||
26 | organization licensee may contract
with an entity in another |
| |||||||
| |||||||
1 | state or country to permit any legal
wagering entity in another | ||||||
2 | state or country to accept wagers solely within
such other | ||||||
3 | state or country on races conducted by the organization | ||||||
4 | licensee
in this State.
Beginning January 1, 2000, these wagers
| ||||||
5 | shall not be subject to State
taxation. Until January 1, 2000,
| ||||||
6 | when the out-of-State entity conducts a pari-mutuel pool
| ||||||
7 | separate from the organization licensee, a privilege tax equal | ||||||
8 | to 7 1/2% of
all monies received by the organization licensee | ||||||
9 | from entities in other states
or countries pursuant to such | ||||||
10 | contracts is imposed on the organization
licensee, and such | ||||||
11 | privilege tax shall be remitted to the
Department of Revenue
| ||||||
12 | within 48 hours of receipt of the moneys from the simulcast. | ||||||
13 | When the
out-of-State entity conducts a
combined pari-mutuel | ||||||
14 | pool with the organization licensee, the tax shall be 10%
of | ||||||
15 | all monies received by the organization licensee with 25% of | ||||||
16 | the
receipts from this 10% tax to be distributed to the county
| ||||||
17 | in which the race was conducted.
| ||||||
18 | An organization licensee may permit one or more of its | ||||||
19 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
20 | locations in other states and may
transmit audio and visual | ||||||
21 | signals of races the organization licensee
conducts to one or
| ||||||
22 | more locations outside the State or country and may also permit | ||||||
23 | pari-mutuel
pools in other states or countries to be combined | ||||||
24 | with its gross or net
wagering pools or with wagering pools | ||||||
25 | established by other states.
| ||||||
26 | (g) A host track may accept interstate simulcast wagers on |
| |||||||
| |||||||
1 | horse
races conducted in other states or countries and shall | ||||||
2 | control the
number of signals and types of breeds of racing in | ||||||
3 | its simulcast program,
subject to the disapproval of the Board. | ||||||
4 | The Board may prohibit a simulcast
program only if it finds | ||||||
5 | that the simulcast program is clearly
adverse to the integrity | ||||||
6 | of racing. The host track
simulcast program shall
include the | ||||||
7 | signal of live racing of all organization licensees.
All | ||||||
8 | non-host licensees shall carry the host track simulcast program | ||||||
9 | and
accept wagers on all races included as part of the | ||||||
10 | simulcast
program upon which wagering is permitted.
The costs | ||||||
11 | and expenses
of the host track and non-host licensees | ||||||
12 | associated
with interstate simulcast
wagering, other than the | ||||||
13 | interstate
commission fee, shall be borne by the host track and | ||||||
14 | all
non-host licensees
incurring these costs.
The interstate | ||||||
15 | commission fee shall not exceed 5% of Illinois handle on the
| ||||||
16 | interstate simulcast race or races without prior approval of | ||||||
17 | the Board. The
Board shall promulgate rules under which it may | ||||||
18 | permit
interstate commission
fees in excess of 5%. The | ||||||
19 | interstate commission
fee and other fees charged by the sending | ||||||
20 | racetrack, including, but not
limited to, satellite decoder | ||||||
21 | fees, shall be uniformly applied
to the host track and all | ||||||
22 | non-host licensees.
| ||||||
23 | Notwithstanding any other provision of this Act, an | ||||||
24 | organization licensee may maintain a system whereby advance | ||||||
25 | deposit wagering may take place or an organization licensee may | ||||||
26 | contract with another person to carry out a system of advance |
| |||||||
| |||||||
1 | deposit wagering. All advance deposit wagers placed from within | ||||||
2 | Illinois must be placed through a Board-approved advance | ||||||
3 | deposit wagering licensee; no other entity may accept an | ||||||
4 | advance deposit wager from a person within Illinois. All | ||||||
5 | advance deposit wagering is subject to any rules adopted by the | ||||||
6 | Board. The Board may adopt rules necessary to regulate advance | ||||||
7 | deposit wagering through the use of emergency rulemaking in | ||||||
8 | accordance with Section 5-45 of the Illinois Administrative | ||||||
9 | Procedure Act. The General Assembly finds that the adoption of | ||||||
10 | rules to regulate advance deposit wagering is deemed an | ||||||
11 | emergency and necessary for the public interest, safety, and | ||||||
12 | welfare. An advance deposit wagering licensee may retain all | ||||||
13 | moneys as agreed to by contract with an organization licensee. | ||||||
14 | To the extent any fees from advance deposit wagering conducted | ||||||
15 | in Illinois for wagers in Illinois or other states have been | ||||||
16 | placed in escrow or otherwise withheld from wagers pending a | ||||||
17 | determination of the legality of advance deposit wagering, no | ||||||
18 | action shall be brought to declare such wagers or the | ||||||
19 | disbursement of any fees previously escrowed illegal.
| ||||||
20 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| ||||||
21 | intertrack wagering
licensee other than the host track may | ||||||
22 | supplement the host track simulcast
program with | ||||||
23 | additional simulcast races or race programs, provided that | ||||||
24 | between
January 1 and the third Friday in February of any | ||||||
25 | year, inclusive, if no live
thoroughbred racing is | ||||||
26 | occurring in Illinois during this period, only
|
| |||||||
| |||||||
1 | thoroughbred races may be used
for supplemental interstate | ||||||
2 | simulcast purposes. The Board shall withhold
approval for a | ||||||
3 | supplemental interstate simulcast only if it finds that the
| ||||||
4 | simulcast is clearly adverse to the integrity of racing. A | ||||||
5 | supplemental
interstate simulcast may be transmitted from | ||||||
6 | an intertrack wagering licensee to
its affiliated non-host | ||||||
7 | licensees. The interstate commission fee for a
| ||||||
8 | supplemental interstate simulcast shall be paid by the | ||||||
9 | non-host licensee and
its affiliated non-host licensees | ||||||
10 | receiving the simulcast.
| ||||||
11 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| ||||||
12 | intertrack wagering
licensee other than the host track may | ||||||
13 | receive supplemental interstate
simulcasts only with the | ||||||
14 | consent of the host track, except when the Board
finds that | ||||||
15 | the simulcast is
clearly adverse to the integrity of | ||||||
16 | racing. Consent granted under this
paragraph (2) to any | ||||||
17 | intertrack wagering licensee shall be deemed consent to
all | ||||||
18 | non-host licensees. The interstate commission fee for the | ||||||
19 | supplemental
interstate simulcast shall be paid
by all | ||||||
20 | participating non-host licensees.
| ||||||
21 | (3) Each licensee conducting interstate simulcast | ||||||
22 | wagering may retain,
subject to the payment of all | ||||||
23 | applicable taxes and the purses, an amount not to
exceed | ||||||
24 | 17% of all money wagered. If any licensee conducts the | ||||||
25 | pari-mutuel
system wagering on races conducted at | ||||||
26 | racetracks in another state or country,
each such race or |
| |||||||
| |||||||
1 | race program shall be considered a separate racing day for
| ||||||
2 | the purpose of determining the daily handle and computing | ||||||
3 | the privilege tax of
that daily handle as provided in | ||||||
4 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
5 | the sums permitted to be retained pursuant to this | ||||||
6 | subsection, each
intertrack wagering location licensee | ||||||
7 | shall pay 1% of the pari-mutuel handle
wagered on simulcast | ||||||
8 | wagering to the Horse Racing Tax Allocation Fund, subject
| ||||||
9 | to the provisions of subparagraph (B) of paragraph (11) of | ||||||
10 | subsection (h) of
Section 26 of this Act.
| ||||||
11 | (4) A licensee who receives an interstate simulcast may | ||||||
12 | combine its gross
or net pools with pools at the sending | ||||||
13 | racetracks pursuant to rules established
by the Board. All | ||||||
14 | licensees combining their gross pools
at a
sending | ||||||
15 | racetrack shall adopt the take-out percentages of the | ||||||
16 | sending
racetrack.
A licensee may also establish a separate | ||||||
17 | pool and takeout structure for
wagering purposes on races | ||||||
18 | conducted at race tracks outside of the
State of Illinois. | ||||||
19 | The licensee may permit pari-mutuel wagers placed in other
| ||||||
20 | states or
countries to be combined with its gross or net | ||||||
21 | wagering pools or other
wagering pools.
| ||||||
22 | (5) After the payment of the interstate commission fee | ||||||
23 | (except for the
interstate commission
fee on a supplemental | ||||||
24 | interstate simulcast, which shall be paid by the host
track | ||||||
25 | and by each non-host licensee through the host-track) and | ||||||
26 | all applicable
State and local
taxes, except as provided in |
| |||||||
| |||||||
1 | subsection (g) of Section 27 of this Act, the
remainder of | ||||||
2 | moneys retained from simulcast wagering pursuant to this
| ||||||
3 | subsection (g), and Section 26.2 shall be divided as | ||||||
4 | follows:
| ||||||
5 | (A) For interstate simulcast wagers made at a host | ||||||
6 | track, 50% to the
host
track and 50% to purses at the | ||||||
7 | host track.
| ||||||
8 | (B) For wagers placed on interstate simulcast | ||||||
9 | races, supplemental
simulcasts as defined in | ||||||
10 | subparagraphs (1) and (2), and separately pooled races
| ||||||
11 | conducted outside of the State of Illinois made at a | ||||||
12 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
13 | non-host licensee, and 50% to the purses at the host | ||||||
14 | track.
| ||||||
15 | (6) Notwithstanding any provision in this Act to the | ||||||
16 | contrary, non-host
licensees
who derive their licenses | ||||||
17 | from a track located in a county with a population in
| ||||||
18 | excess of 230,000 and that borders the Mississippi River | ||||||
19 | may receive
supplemental interstate simulcast races at all | ||||||
20 | times subject to Board approval,
which shall be withheld | ||||||
21 | only upon a finding that a supplemental interstate
| ||||||
22 | simulcast is clearly adverse to the integrity of racing.
| ||||||
23 | (7) Notwithstanding any provision of this Act to the | ||||||
24 | contrary, after
payment of all applicable State and local | ||||||
25 | taxes and interstate commission fees,
non-host licensees | ||||||
26 | who derive their licenses from a track located in a county
|
| |||||||
| |||||||
1 | with a population in excess of 230,000 and that borders the | ||||||
2 | Mississippi River
shall retain 50% of the retention from | ||||||
3 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
4 | the track from which the non-host licensee derives its
| ||||||
5 | license as follows:
| ||||||
6 | (A) Between January 1 and the third Friday in | ||||||
7 | February, inclusive, if no
live thoroughbred racing is | ||||||
8 | occurring in Illinois during this period, when the
| ||||||
9 | interstate simulcast is a standardbred race, the purse | ||||||
10 | share to its
standardbred purse account;
| ||||||
11 | (B) Between January 1 and the third Friday in | ||||||
12 | February, inclusive, if no
live thoroughbred racing is | ||||||
13 | occurring in Illinois during this period, and the
| ||||||
14 | interstate simulcast is a thoroughbred race, the purse | ||||||
15 | share to its interstate
simulcast purse pool to be | ||||||
16 | distributed under paragraph (10) of this subsection
| ||||||
17 | (g);
| ||||||
18 | (C) Between January 1 and the third Friday in | ||||||
19 | February, inclusive, if
live thoroughbred racing is | ||||||
20 | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | ||||||
21 | the purse share from wagers made during this time | ||||||
22 | period to its
thoroughbred purse account and between | ||||||
23 | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | ||||||
24 | made during this time period to its standardbred purse | ||||||
25 | accounts;
| ||||||
26 | (D) Between the third Saturday in February and |
| |||||||
| |||||||
1 | December 31, when the
interstate simulcast occurs | ||||||
2 | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | ||||||
3 | share to its thoroughbred purse account;
| ||||||
4 | (E) Between the third Saturday in February and | ||||||
5 | December 31, when the
interstate simulcast occurs | ||||||
6 | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | ||||||
7 | share to its standardbred purse account.
| ||||||
8 | (7.1) Notwithstanding any other provision of this Act | ||||||
9 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
10 | a racetrack located in Madison County
during any
calendar | ||||||
11 | year beginning on or after January 1, 2002, all
moneys | ||||||
12 | derived by
that racetrack from simulcast wagering and | ||||||
13 | inter-track wagering that (1) are to
be used
for purses and | ||||||
14 | (2) are generated between the hours of 6:30 p.m. and 6:30 | ||||||
15 | a.m.
during that
calendar year shall
be paid as follows:
| ||||||
16 | (A) If the licensee that conducts horse racing at | ||||||
17 | that racetrack
requests from the Board at least as many | ||||||
18 | racing dates as were conducted in
calendar year 2000, | ||||||
19 | 80% shall be paid to its thoroughbred purse account; | ||||||
20 | and
| ||||||
21 | (B) Twenty percent shall be deposited into the | ||||||
22 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
23 | be paid to purses for standardbred races for Illinois | ||||||
24 | conceived
and foaled horses conducted at any county | ||||||
25 | fairgrounds.
The moneys deposited into the Fund | ||||||
26 | pursuant to this subparagraph (B) shall be
deposited
|
| |||||||
| |||||||
1 | within 2
weeks after the day they were generated, shall | ||||||
2 | be in addition to and not in
lieu of any other
moneys | ||||||
3 | paid to standardbred purses under this Act, and shall | ||||||
4 | not be commingled
with other moneys paid into that | ||||||
5 | Fund. The moneys deposited
pursuant to this | ||||||
6 | subparagraph (B) shall be allocated as provided by the
| ||||||
7 | Department of Agriculture, with the advice and | ||||||
8 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
9 | Advisory Board.
| ||||||
10 | (7.2) Notwithstanding any other provision of this Act | ||||||
11 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
12 | a racetrack located in Madison County
during any
calendar | ||||||
13 | year beginning on or after January 1,
2002, all
moneys | ||||||
14 | derived by
that racetrack from simulcast wagering and | ||||||
15 | inter-track wagering that (1) are to
be used
for purses and | ||||||
16 | (2) are generated between the hours of 6:30 a.m. and 6:30 | ||||||
17 | p.m.
during that
calendar year shall
be deposited as | ||||||
18 | follows:
| ||||||
19 | (A) If the licensee that conducts horse racing at | ||||||
20 | that racetrack
requests from the
Board at least
as many | ||||||
21 | racing dates as were conducted in calendar year 2000, | ||||||
22 | 80%
shall be deposited into its standardbred purse
| ||||||
23 | account; and
| ||||||
24 | (B) Twenty percent shall be deposited into the | ||||||
25 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
26 | deposited into the Illinois Colt Stakes Purse
|
| |||||||
| |||||||
1 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
2 | shall be paid to Illinois
conceived and foaled | ||||||
3 | thoroughbred breeders' programs
and to thoroughbred | ||||||
4 | purses for races conducted at any county fairgrounds | ||||||
5 | for
Illinois conceived
and foaled horses at the | ||||||
6 | discretion of the
Department of Agriculture, with the | ||||||
7 | advice and assistance of
the Illinois Thoroughbred | ||||||
8 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
9 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
10 | pursuant to this subparagraph (B) shall be deposited | ||||||
11 | within 2 weeks
after the day they were generated, shall | ||||||
12 | be in addition to and not in
lieu of any other moneys | ||||||
13 | paid to thoroughbred purses
under this Act, and shall | ||||||
14 | not be commingled with other moneys deposited into
that | ||||||
15 | Fund.
| ||||||
16 | (7.3) If no live standardbred racing is conducted at a | ||||||
17 | racetrack located
in
Madison
County in calendar year 2000 | ||||||
18 | or 2001,
an organization licensee who is licensed
to | ||||||
19 | conduct horse racing at that racetrack shall, before | ||||||
20 | January 1, 2002, pay
all
moneys derived from simulcast | ||||||
21 | wagering and inter-track wagering in calendar
years 2000 | ||||||
22 | and 2001 and
paid into the licensee's standardbred purse | ||||||
23 | account as follows:
| ||||||
24 | (A) Eighty percent to that licensee's thoroughbred | ||||||
25 | purse account to
be used for thoroughbred purses; and
| ||||||
26 | (B) Twenty percent to the Illinois Colt Stakes |
| |||||||
| |||||||
1 | Purse Distribution
Fund.
| ||||||
2 | Failure to make the payment to the Illinois Colt Stakes | ||||||
3 | Purse Distribution
Fund before January 1, 2002
shall
result | ||||||
4 | in the immediate revocation of the licensee's organization
| ||||||
5 | license, inter-track wagering license, and inter-track | ||||||
6 | wagering location
license.
| ||||||
7 | Moneys paid into the Illinois
Colt Stakes Purse | ||||||
8 | Distribution Fund pursuant to this
paragraph (7.3) shall be | ||||||
9 | paid to purses for standardbred
races for Illinois | ||||||
10 | conceived and foaled horses conducted
at any county
| ||||||
11 | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | ||||||
12 | Purse Distribution Fund pursuant to this
paragraph (7.3) | ||||||
13 | shall be used as determined by the
Department of | ||||||
14 | Agriculture, with the advice and assistance of the
Illinois | ||||||
15 | Standardbred Breeders Fund Advisory Board, shall be in | ||||||
16 | addition to
and not in lieu of any other moneys paid to | ||||||
17 | standardbred purses under this Act,
and shall not be | ||||||
18 | commingled
with any other moneys paid into that Fund.
| ||||||
19 | (7.4) If live standardbred racing is conducted at a | ||||||
20 | racetrack located in
Madison
County at any time in calendar | ||||||
21 | year 2001 before the payment required
under
paragraph (7.3) | ||||||
22 | has been made, the organization licensee who is licensed to
| ||||||
23 | conduct
racing at that racetrack shall pay all moneys | ||||||
24 | derived by that racetrack from
simulcast
wagering and | ||||||
25 | inter-track wagering during calendar years 2000 and 2001 | ||||||
26 | that (1)
are to be
used for purses and (2) are generated |
| |||||||
| |||||||
1 | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | ||||||
2 | 2001 to the standardbred purse account at that
racetrack to
| ||||||
3 | be used for standardbred purses.
| ||||||
4 | (8) Notwithstanding any provision in this Act to the | ||||||
5 | contrary, an
organization licensee from a track located in | ||||||
6 | a county with a population in
excess of 230,000 and that | ||||||
7 | borders the Mississippi River and its affiliated
non-host | ||||||
8 | licensees shall not be entitled to share in any retention | ||||||
9 | generated on
racing, inter-track wagering, or simulcast | ||||||
10 | wagering at any other Illinois
wagering facility.
| ||||||
11 | (8.1) Notwithstanding any provisions in this Act to the | ||||||
12 | contrary, if 2
organization licensees
are conducting | ||||||
13 | standardbred race meetings concurrently
between the hours | ||||||
14 | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||||||
15 | State and local taxes and interstate commission fees, the | ||||||
16 | remainder of the
amount retained from simulcast wagering | ||||||
17 | otherwise attributable to the host
track and to host track | ||||||
18 | purses shall be split daily between the 2
organization | ||||||
19 | licensees and the purses at the tracks of the 2 | ||||||
20 | organization
licensees, respectively, based on each | ||||||
21 | organization licensee's share
of the total live handle for | ||||||
22 | that day,
provided that this provision shall not apply to | ||||||
23 | any non-host licensee that
derives its license from a track | ||||||
24 | located in a county with a population in
excess of 230,000 | ||||||
25 | and that borders the Mississippi River.
| ||||||
26 | (9) (Blank).
|
| |||||||
| |||||||
1 | (10) (Blank).
| ||||||
2 | (11) (Blank).
| ||||||
3 | (12) The Board shall have authority to compel all host | ||||||
4 | tracks to receive
the simulcast of any or all races | ||||||
5 | conducted at the Springfield or DuQuoin State
fairgrounds | ||||||
6 | and include all such races as part of their simulcast | ||||||
7 | programs.
| ||||||
8 | (13)
Notwithstanding any other provision of this Act, | ||||||
9 | in
the event that
the total Illinois pari-mutuel handle on | ||||||
10 | Illinois horse races at all wagering
facilities in any | ||||||
11 | calendar year is less than 75% of the total Illinois
| ||||||
12 | pari-mutuel handle on Illinois horse races at all such | ||||||
13 | wagering facilities for
calendar year 1994, then each | ||||||
14 | wagering facility that has an annual total
Illinois | ||||||
15 | pari-mutuel handle on Illinois horse races that is less | ||||||
16 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
17 | Illinois horse races at such wagering
facility for calendar | ||||||
18 | year 1994, shall be permitted to receive, from any amount
| ||||||
19 | otherwise
payable to the purse account at the race track | ||||||
20 | with which the wagering facility
is affiliated in the | ||||||
21 | succeeding calendar year, an amount equal to 2% of the
| ||||||
22 | differential in total Illinois pari-mutuel handle on | ||||||
23 | Illinois horse
races at the wagering facility between that | ||||||
24 | calendar year in question and 1994
provided, however, that | ||||||
25 | a
wagering facility shall not be entitled to any such | ||||||
26 | payment until the Board
certifies in writing to the |
| |||||||
| |||||||
1 | wagering facility the amount to which the wagering
facility | ||||||
2 | is entitled
and a schedule for payment of the amount to the | ||||||
3 | wagering facility, based on:
(i) the racing dates awarded | ||||||
4 | to the race track affiliated with the wagering
facility | ||||||
5 | during the succeeding year; (ii) the sums available or | ||||||
6 | anticipated to
be available in the purse account of the | ||||||
7 | race track affiliated with the
wagering facility for purses | ||||||
8 | during the succeeding year; and (iii) the need to
ensure | ||||||
9 | reasonable purse levels during the payment period.
The | ||||||
10 | Board's certification
shall be provided no later than | ||||||
11 | January 31 of the succeeding year.
In the event a wagering | ||||||
12 | facility entitled to a payment under this paragraph
(13) is | ||||||
13 | affiliated with a race track that maintains purse accounts | ||||||
14 | for both
standardbred and thoroughbred racing, the amount | ||||||
15 | to be paid to the wagering
facility shall be divided | ||||||
16 | between each purse account pro rata, based on the
amount of | ||||||
17 | Illinois handle on Illinois standardbred and thoroughbred | ||||||
18 | racing
respectively at the wagering facility during the | ||||||
19 | previous calendar year. Beginning in the year an | ||||||
20 | organization licensee first receives payment from the fee | ||||||
21 | imposed under subsection (a) of Section 7 of the Riverboat | ||||||
22 | Gambling Act, the wagering facilities permitted to receive | ||||||
23 | amounts from the purse accounts under this paragraph (13) | ||||||
24 | shall receive 75% of the amount certified, one year after | ||||||
25 | an organization licensee first receives the payment, the | ||||||
26 | wagering facilities shall receive 50% of the amount |
| |||||||
| |||||||
1 | certified, and 2 years after an organization licensee first | ||||||
2 | receives the payment, the wagering facilities shall | ||||||
3 | receive 25% of the amount certified. Beginning 3 years | ||||||
4 | after an organization licensee first receives payment from | ||||||
5 | the fee imposed under subsection (a) of Section 7 of the | ||||||
6 | Riverboat Gambling Act, the wagering facilities shall not | ||||||
7 | receive any moneys from the purse accounts under this | ||||||
8 | paragraph (13).
Annually, the General Assembly shall | ||||||
9 | appropriate sufficient funds from the
General Revenue Fund | ||||||
10 | to the Department of Agriculture for payment into the
| ||||||
11 | thoroughbred and standardbred horse racing purse accounts | ||||||
12 | at
Illinois pari-mutuel tracks. The amount paid to each | ||||||
13 | purse account shall be
the amount certified by the Illinois | ||||||
14 | Racing Board in January to be
transferred from each account | ||||||
15 | to each eligible racing facility in
accordance with the | ||||||
16 | provisions of this Section.
| ||||||
17 | (h) The Board may approve and license the conduct of | ||||||
18 | inter-track wagering
and simulcast wagering by inter-track | ||||||
19 | wagering licensees and inter-track
wagering location licensees | ||||||
20 | subject to the following terms and conditions:
| ||||||
21 | (1) Any person licensed to conduct a race meeting (i) | ||||||
22 | at a track where
60 or more days of racing were conducted | ||||||
23 | during the immediately preceding
calendar year or where | ||||||
24 | over the 5 immediately preceding calendar years an
average | ||||||
25 | of 30 or more days of racing were conducted annually may be | ||||||
26 | issued an
inter-track wagering license; (ii) at a track
|
| |||||||
| |||||||
1 | located in a county that is bounded by the Mississippi | ||||||
2 | River, which has a
population of less than 150,000 | ||||||
3 | according to the 1990 decennial census, and an
average of | ||||||
4 | at least 60 days of racing per year between 1985 and 1993 | ||||||
5 | may be
issued an inter-track wagering license; or (iii) at | ||||||
6 | a track
located in Madison
County that conducted at least | ||||||
7 | 100 days of live racing during the immediately
preceding
| ||||||
8 | calendar year may be issued an inter-track wagering | ||||||
9 | license, unless a lesser
schedule of
live racing is the | ||||||
10 | result of (A) weather, unsafe track conditions, or other
| ||||||
11 | acts of God; (B)
an agreement between the organization | ||||||
12 | licensee and the associations
representing the
largest | ||||||
13 | number of owners, trainers, jockeys, or standardbred | ||||||
14 | drivers who race
horses at
that organization licensee's | ||||||
15 | racing meeting; or (C) a finding by the Board of
| ||||||
16 | extraordinary circumstances and that it was in the best | ||||||
17 | interest of the public
and the sport to conduct fewer than | ||||||
18 | 100 days of live racing. Any such person
having operating | ||||||
19 | control of the racing facility may also receive up to 6
| ||||||
20 | inter-track wagering
location licenses. In no event shall | ||||||
21 | more than 6 inter-track wagering
locations be established | ||||||
22 | for each eligible race track, except that an
eligible race | ||||||
23 | track located in a county that has a population of more | ||||||
24 | than
230,000 and that is bounded by the Mississippi River | ||||||
25 | may establish up to 7
inter-track wagering locations.
An | ||||||
26 | application for
said license shall be filed with the Board |
| |||||||
| |||||||
1 | prior to such dates as may be
fixed by the Board. With an | ||||||
2 | application for an inter-track
wagering
location license | ||||||
3 | there shall be delivered to the Board a certified check or
| ||||||
4 | bank draft payable to the order of the Board for an amount | ||||||
5 | equal to $500.
The application shall be on forms prescribed | ||||||
6 | and furnished by the Board. The
application shall comply | ||||||
7 | with all other rules,
regulations and conditions imposed by | ||||||
8 | the Board in connection therewith.
| ||||||
9 | (2) The Board shall examine the applications with | ||||||
10 | respect to their
conformity with this Act and the rules and | ||||||
11 | regulations imposed by the
Board. If found to be in | ||||||
12 | compliance with the Act and rules and regulations
of the | ||||||
13 | Board, the Board may then issue a license to conduct | ||||||
14 | inter-track
wagering and simulcast wagering to such | ||||||
15 | applicant. All such applications
shall be acted upon by the | ||||||
16 | Board at a meeting to be held on such date as may be
fixed | ||||||
17 | by the Board.
| ||||||
18 | (3) In granting licenses to conduct inter-track | ||||||
19 | wagering and simulcast
wagering, the Board shall give due | ||||||
20 | consideration to
the best interests of the
public, of horse | ||||||
21 | racing, and of maximizing revenue to the State.
| ||||||
22 | (4) Prior to the issuance of a license to conduct | ||||||
23 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
24 | shall file with the Board a bond payable to the State of | ||||||
25 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
26 | and a surety company or
companies authorized to do business |
| |||||||
| |||||||
1 | in this State, and conditioned upon
(i) the payment by the | ||||||
2 | licensee of all taxes due under Section 27 or 27.1
and any | ||||||
3 | other monies due and payable under this Act, and (ii)
| ||||||
4 | distribution by the licensee, upon presentation of the | ||||||
5 | winning ticket or
tickets, of all sums payable to the | ||||||
6 | patrons of pari-mutuel pools.
| ||||||
7 | (5) Each license to conduct inter-track wagering and | ||||||
8 | simulcast
wagering shall specify the person
to whom it is | ||||||
9 | issued, the dates on which such wagering is permitted, and
| ||||||
10 | the track or location where the wagering is to be | ||||||
11 | conducted.
| ||||||
12 | (6) All wagering under such license is subject to this | ||||||
13 | Act and to the
rules and regulations from time to time | ||||||
14 | prescribed by the Board, and every
such license issued by | ||||||
15 | the Board shall contain a recital to that effect.
| ||||||
16 | (7) An inter-track wagering licensee or inter-track | ||||||
17 | wagering location
licensee may accept wagers at the track | ||||||
18 | or location
where it is licensed, or as otherwise provided | ||||||
19 | under this Act.
| ||||||
20 | (8) Inter-track wagering or simulcast wagering shall | ||||||
21 | not be
conducted
at any track less than 5 miles from a | ||||||
22 | track at which a racing meeting is in
progress.
| ||||||
23 | (8.1) Inter-track wagering location
licensees who | ||||||
24 | derive their licenses from a particular organization | ||||||
25 | licensee
shall conduct inter-track wagering and simulcast | ||||||
26 | wagering only at locations
which are either within 90
miles |
| |||||||
| |||||||
1 | of that race track where the particular organization | ||||||
2 | licensee is
licensed to conduct racing, or within 135 miles | ||||||
3 | of that race track
where
the particular organization | ||||||
4 | licensee is licensed to conduct racing
in the case
of race | ||||||
5 | tracks in counties of less than 400,000 that were operating | ||||||
6 | on or
before June 1, 1986. However, inter-track wagering | ||||||
7 | and simulcast wagering
shall not
be conducted by those | ||||||
8 | licensees at any location within 5 miles of any race
track | ||||||
9 | at which a
horse race meeting has been licensed in the | ||||||
10 | current year, unless the person
having operating control of | ||||||
11 | such race track has given its written consent
to such | ||||||
12 | inter-track wagering location licensees,
which consent
| ||||||
13 | must be filed with the Board at or prior to the time | ||||||
14 | application is made.
| ||||||
15 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
16 | not be
conducted by an inter-track
wagering location | ||||||
17 | licensee at any location within 500 feet of an
existing
| ||||||
18 | church or existing school, nor within 500 feet of the | ||||||
19 | residences
of more than 50 registered voters without
| ||||||
20 | receiving written permission from a majority of the | ||||||
21 | registered
voters at such residences.
Such written | ||||||
22 | permission statements shall be filed with the Board. The
| ||||||
23 | distance of 500 feet shall be measured to the nearest part | ||||||
24 | of any
building
used for worship services, education | ||||||
25 | programs, residential purposes, or
conducting inter-track | ||||||
26 | wagering by an inter-track wagering location
licensee, and |
| |||||||
| |||||||
1 | not to property boundaries. However, inter-track wagering | ||||||
2 | or
simulcast wagering may be conducted at a site within 500 | ||||||
3 | feet of
a church, school or residences
of 50 or more | ||||||
4 | registered voters if such church, school
or residences have | ||||||
5 | been erected
or established, or such voters have been | ||||||
6 | registered, after
the Board issues
the original | ||||||
7 | inter-track wagering location license at the site in | ||||||
8 | question.
Inter-track wagering location licensees may | ||||||
9 | conduct inter-track wagering
and simulcast wagering only | ||||||
10 | in areas that are zoned for
commercial or manufacturing | ||||||
11 | purposes or
in areas for which a special use has been | ||||||
12 | approved by the local zoning
authority. However, no license | ||||||
13 | to conduct inter-track wagering and simulcast
wagering | ||||||
14 | shall be
granted by the Board with respect to any | ||||||
15 | inter-track wagering location
within the jurisdiction of | ||||||
16 | any local zoning authority which has, by
ordinance or by | ||||||
17 | resolution, prohibited the establishment of an inter-track
| ||||||
18 | wagering location within its jurisdiction. However, | ||||||
19 | inter-track wagering
and simulcast wagering may be | ||||||
20 | conducted at a site if such ordinance or
resolution is | ||||||
21 | enacted after
the Board licenses the original inter-track | ||||||
22 | wagering location
licensee for the site in question.
| ||||||
23 | (9) (Blank).
| ||||||
24 | (10) An inter-track wagering licensee or an | ||||||
25 | inter-track wagering
location licensee may retain, subject | ||||||
26 | to the
payment of the privilege taxes and the purses, an |
| |||||||
| |||||||
1 | amount not to
exceed 17% of all money wagered. Each program | ||||||
2 | of racing conducted by
each inter-track wagering licensee | ||||||
3 | or inter-track wagering location
licensee shall be | ||||||
4 | considered a separate racing day for the purpose of
| ||||||
5 | determining the daily handle and computing the privilege | ||||||
6 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
7 | Section 27.
| ||||||
8 | (10.1) Except as provided in subsection (g) of Section | ||||||
9 | 27 of this Act,
inter-track wagering location licensees | ||||||
10 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
11 | the municipality in which such
location is situated and 1% | ||||||
12 | of the pari-mutuel handle at each location to
the county in | ||||||
13 | which such location is situated. In the event that an
| ||||||
14 | inter-track wagering location licensee is situated in an | ||||||
15 | unincorporated
area of a county, such licensee shall pay 2% | ||||||
16 | of the pari-mutuel handle from
such location to such | ||||||
17 | county.
| ||||||
18 | (10.2) Notwithstanding any other provision of this | ||||||
19 | Act, with respect to
intertrack wagering at a race track | ||||||
20 | located in a
county that has a population of
more than | ||||||
21 | 230,000 and that is bounded by the Mississippi River ("the | ||||||
22 | first race
track"), or at a facility operated by an | ||||||
23 | inter-track wagering licensee or
inter-track wagering | ||||||
24 | location licensee that derives its license from the
| ||||||
25 | organization licensee that operates the first race track, | ||||||
26 | on races conducted at
the first race track or on races |
| |||||||
| |||||||
1 | conducted at another Illinois race track
and | ||||||
2 | simultaneously televised to the first race track or to a | ||||||
3 | facility operated
by an inter-track wagering licensee or | ||||||
4 | inter-track wagering location licensee
that derives its | ||||||
5 | license from the organization licensee that operates the | ||||||
6 | first
race track, those moneys shall be allocated as | ||||||
7 | follows:
| ||||||
8 | (A) That portion of all moneys wagered on | ||||||
9 | standardbred racing that is
required under this Act to | ||||||
10 | be paid to purses shall be paid to purses for
| ||||||
11 | standardbred races.
| ||||||
12 | (B) That portion of all moneys wagered on | ||||||
13 | thoroughbred racing
that is required under this Act to | ||||||
14 | be paid to purses shall be paid to purses
for | ||||||
15 | thoroughbred races.
| ||||||
16 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
17 | tax, any other
applicable
taxes, and
the costs and expenses | ||||||
18 | in connection with the gathering, transmission, and
| ||||||
19 | dissemination of all data necessary to the conduct of | ||||||
20 | inter-track wagering,
the remainder of the monies retained | ||||||
21 | under either Section 26 or Section 26.2
of this Act by the | ||||||
22 | inter-track wagering licensee on inter-track wagering
| ||||||
23 | shall be allocated with 50% to be split between the
2 | ||||||
24 | participating licensees and 50% to purses, except
that an | ||||||
25 | intertrack wagering licensee that derives its
license from | ||||||
26 | a track located in a county with a population in excess of |
| |||||||
| |||||||
1 | 230,000
and that borders the Mississippi River shall not | ||||||
2 | divide any remaining
retention with the Illinois | ||||||
3 | organization licensee that provides the race or
races, and | ||||||
4 | an intertrack wagering licensee that accepts wagers on | ||||||
5 | races
conducted by an organization licensee that conducts a | ||||||
6 | race meet in a county
with a population in excess of | ||||||
7 | 230,000 and that borders the Mississippi River
shall not | ||||||
8 | divide any remaining retention with that organization | ||||||
9 | licensee.
| ||||||
10 | (B) From the
sums permitted to be retained pursuant to | ||||||
11 | this Act each inter-track wagering
location licensee shall | ||||||
12 | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | ||||||
13 | 4.75% of the
pari-mutuel handle on intertrack wagering at | ||||||
14 | such location on
races as purses, except that
an intertrack | ||||||
15 | wagering location licensee that derives its license from a
| ||||||
16 | track located in a county with a population in excess of | ||||||
17 | 230,000 and that
borders the Mississippi River shall retain | ||||||
18 | all purse moneys for its own purse
account consistent with | ||||||
19 | distribution set forth in this subsection (h), and
| ||||||
20 | intertrack wagering location licensees that accept wagers | ||||||
21 | on races
conducted
by an organization licensee located in a | ||||||
22 | county with a population in excess of
230,000 and that | ||||||
23 | borders the Mississippi River shall distribute all purse
| ||||||
24 | moneys to purses at the operating host track; (iii) until | ||||||
25 | January 1, 2000,
except as
provided in
subsection (g) of | ||||||
26 | Section 27 of this Act, 1% of the
pari-mutuel handle |
| |||||||
| |||||||
1 | wagered on inter-track wagering and simulcast wagering at
| ||||||
2 | each inter-track wagering
location licensee facility to | ||||||
3 | the Horse Racing Tax Allocation Fund, provided
that, to the | ||||||
4 | extent the total amount collected and distributed to the | ||||||
5 | Horse
Racing Tax Allocation Fund under this subsection (h) | ||||||
6 | during any calendar year
exceeds the amount collected and | ||||||
7 | distributed to the Horse Racing Tax Allocation
Fund during | ||||||
8 | calendar year 1994, that excess amount shall be | ||||||
9 | redistributed (I)
to all inter-track wagering location | ||||||
10 | licensees, based on each licensee's
pro-rata share of the | ||||||
11 | total handle from inter-track wagering and simulcast
| ||||||
12 | wagering for all inter-track wagering location licensees | ||||||
13 | during the calendar
year in which this provision is | ||||||
14 | applicable; then (II) the amounts redistributed
to each | ||||||
15 | inter-track wagering location licensee as described in | ||||||
16 | subpart (I)
shall be further redistributed as provided in | ||||||
17 | subparagraph (B) of paragraph (5)
of subsection (g) of this | ||||||
18 | Section 26 provided first, that the shares of those
| ||||||
19 | amounts, which are to be redistributed to the host track or | ||||||
20 | to purses at the
host track under subparagraph (B) of | ||||||
21 | paragraph (5) of subsection (g) of this
Section 26 shall be
| ||||||
22 | redistributed based on each host track's pro rata share of | ||||||
23 | the total
inter-track
wagering and simulcast wagering | ||||||
24 | handle at all host tracks during the calendar
year in | ||||||
25 | question, and second, that any amounts redistributed as | ||||||
26 | described in
part (I) to an inter-track wagering location |
| |||||||
| |||||||
1 | licensee that accepts
wagers on races conducted by an | ||||||
2 | organization licensee that conducts a race meet
in a county | ||||||
3 | with a population in excess of 230,000 and that borders the
| ||||||
4 | Mississippi River shall be further redistributed as | ||||||
5 | provided in subparagraphs
(D) and (E) of paragraph (7) of | ||||||
6 | subsection (g) of this Section 26, with the
portion of that
| ||||||
7 | further redistribution allocated to purses at that | ||||||
8 | organization licensee to be
divided between standardbred | ||||||
9 | purses and thoroughbred purses based on the
amounts | ||||||
10 | otherwise allocated to purses at that organization | ||||||
11 | licensee during the
calendar year in question; and (iv) 8% | ||||||
12 | of the pari-mutuel handle on
inter-track wagering wagered | ||||||
13 | at
such location to satisfy all costs and expenses of | ||||||
14 | conducting its wagering. The
remainder of the monies | ||||||
15 | retained by the inter-track wagering location licensee
| ||||||
16 | shall be allocated 40% to the location licensee and 60% to | ||||||
17 | the organization
licensee which provides the Illinois | ||||||
18 | races to the location, except that an
intertrack wagering | ||||||
19 | location
licensee that derives its license from a track | ||||||
20 | located in a county with a
population in excess of 230,000 | ||||||
21 | and that borders the Mississippi River shall
not divide any | ||||||
22 | remaining retention with the organization licensee that | ||||||
23 | provides
the race or races and an intertrack wagering | ||||||
24 | location licensee that accepts
wagers on races conducted by | ||||||
25 | an organization licensee that conducts a race meet
in a | ||||||
26 | county with a population in excess of 230,000 and that |
| |||||||
| |||||||
1 | borders the
Mississippi River shall not divide any | ||||||
2 | remaining retention with the
organization licensee.
| ||||||
3 | Notwithstanding the provisions of clauses (ii) and (iv) of | ||||||
4 | this
paragraph, in the case of the additional inter-track | ||||||
5 | wagering location licenses
authorized under paragraph (1) | ||||||
6 | of this subsection (h) by this amendatory
Act of 1991, | ||||||
7 | those licensees shall pay the following amounts as purses:
| ||||||
8 | during the first 12 months the licensee is in operation, | ||||||
9 | 5.25% of
the
pari-mutuel handle wagered at the location on | ||||||
10 | races; during the second 12
months, 5.25%; during the third | ||||||
11 | 12 months, 5.75%;
during
the fourth 12 months,
6.25%; and | ||||||
12 | during the fifth 12 months and thereafter, 6.75%. The
| ||||||
13 | following amounts shall be retained by the licensee to | ||||||
14 | satisfy all costs
and expenses of conducting its wagering: | ||||||
15 | during the first 12 months the
licensee is in operation, | ||||||
16 | 8.25% of the pari-mutuel handle wagered
at the
location; | ||||||
17 | during the second 12 months, 8.25%; during the third 12 | ||||||
18 | months,
7.75%; during the fourth 12 months, 7.25%; and | ||||||
19 | during the fifth 12 months and
thereafter, 6.75%. For | ||||||
20 | additional intertrack wagering location licensees
| ||||||
21 | authorized under this amendatory Act of 1995, purses for | ||||||
22 | the first 12 months
the licensee is in operation shall be | ||||||
23 | 5.75% of the pari-mutuel wagered at the
location, purses | ||||||
24 | for the second 12 months the licensee is in operation shall | ||||||
25 | be
6.25%, and purses thereafter shall be 6.75%. For | ||||||
26 | additional intertrack
location licensees authorized under |
| |||||||
| |||||||
1 | this amendatory Act of 1995, the licensee
shall be allowed | ||||||
2 | to retain to satisfy all costs and expenses: 7.75% of the
| ||||||
3 | pari-mutuel handle wagered at the location during its first | ||||||
4 | 12 months of
operation, 7.25% during its second 12 months | ||||||
5 | of operation, and 6.75%
thereafter.
| ||||||
6 | (C) There is hereby created the Horse Racing Tax | ||||||
7 | Allocation Fund
which shall remain in existence until | ||||||
8 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
9 | December 31, 1999
shall be paid into the
General Revenue | ||||||
10 | Fund. Until January 1, 2000,
all monies paid into the Horse | ||||||
11 | Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||||||
12 | by inter-track wagering location licensees located in park
| ||||||
13 | districts of 500,000 population or less, or in a | ||||||
14 | municipality that is not
included within any park district | ||||||
15 | but is included within a conservation
district and is the | ||||||
16 | county seat of a county that (i) is contiguous to the state
| ||||||
17 | of Indiana and (ii) has a 1990 population of 88,257 | ||||||
18 | according to the United
States Bureau of the Census, and | ||||||
19 | operating on May 1, 1994 shall be
allocated by | ||||||
20 | appropriation as follows:
| ||||||
21 | Two-sevenths to the Department of Agriculture. | ||||||
22 | Fifty percent of
this two-sevenths shall be used to | ||||||
23 | promote the Illinois horse racing and
breeding | ||||||
24 | industry, and shall be distributed by the Department of | ||||||
25 | Agriculture
upon the advice of a 9-member committee | ||||||
26 | appointed by the Governor consisting of
the following |
| |||||||
| |||||||
1 | members: the Director of Agriculture, who shall serve | ||||||
2 | as
chairman; 2 representatives of organization | ||||||
3 | licensees conducting thoroughbred
race meetings in | ||||||
4 | this State, recommended by those licensees; 2 | ||||||
5 | representatives
of organization licensees conducting | ||||||
6 | standardbred race meetings in this State,
recommended | ||||||
7 | by those licensees; a representative of the Illinois
| ||||||
8 | Thoroughbred Breeders and Owners Foundation, | ||||||
9 | recommended by that
Foundation; a representative of | ||||||
10 | the Illinois Standardbred Owners and
Breeders | ||||||
11 | Association, recommended
by that Association; a | ||||||
12 | representative of
the Horsemen's Benevolent and | ||||||
13 | Protective Association or any successor
organization | ||||||
14 | thereto established in Illinois comprised of the | ||||||
15 | largest number of
owners and trainers, recommended by | ||||||
16 | that
Association or that successor organization; and a
| ||||||
17 | representative of the Illinois Harness Horsemen's
| ||||||
18 | Association, recommended by that Association. | ||||||
19 | Committee members shall
serve for terms of 2 years, | ||||||
20 | commencing January 1 of each even-numbered
year. If a | ||||||
21 | representative of any of the above-named entities has | ||||||
22 | not been
recommended by January 1 of any even-numbered | ||||||
23 | year, the Governor shall
appoint a committee member to | ||||||
24 | fill that position. Committee members shall
receive no | ||||||
25 | compensation for their services as members but shall be
| ||||||
26 | reimbursed for all actual and necessary expenses and |
| |||||||
| |||||||
1 | disbursements incurred
in the performance of their | ||||||
2 | official duties. The remaining 50% of this
| ||||||
3 | two-sevenths shall be distributed to county fairs for | ||||||
4 | premiums and
rehabilitation as set forth in the | ||||||
5 | Agricultural Fair Act;
| ||||||
6 | Four-sevenths to park districts or municipalities | ||||||
7 | that do not have a
park district of 500,000 population | ||||||
8 | or less for museum purposes (if an
inter-track wagering | ||||||
9 | location licensee is located in such a park district) | ||||||
10 | or
to conservation districts for museum purposes (if an | ||||||
11 | inter-track wagering
location licensee is located in a | ||||||
12 | municipality that is not included within any
park | ||||||
13 | district but is included within a conservation | ||||||
14 | district and is the county
seat of a county that (i) is | ||||||
15 | contiguous to the state of Indiana and (ii) has a
1990 | ||||||
16 | population of 88,257 according to the United States | ||||||
17 | Bureau of the Census,
except that if the conservation | ||||||
18 | district does not maintain a museum, the monies
shall | ||||||
19 | be allocated equally between the county and the | ||||||
20 | municipality in which the
inter-track wagering | ||||||
21 | location licensee is located for general purposes) or | ||||||
22 | to a
municipal recreation board for park purposes (if | ||||||
23 | an inter-track wagering
location licensee is located | ||||||
24 | in a municipality that is not included within any
park | ||||||
25 | district and park maintenance is the function of the | ||||||
26 | municipal recreation
board and the municipality has a |
| |||||||
| |||||||
1 | 1990 population of 9,302 according to the
United States | ||||||
2 | Bureau of the Census); provided that the monies are | ||||||
3 | distributed
to each park district or conservation | ||||||
4 | district or municipality that does not
have a park | ||||||
5 | district in an amount equal to four-sevenths of the | ||||||
6 | amount
collected by each inter-track wagering location | ||||||
7 | licensee within the park
district or conservation | ||||||
8 | district or municipality for the Fund. Monies that
were | ||||||
9 | paid into the Horse Racing Tax Allocation Fund before | ||||||
10 | the effective date
of this amendatory Act of 1991 by an | ||||||
11 | inter-track wagering location licensee
located in a | ||||||
12 | municipality that is not included within any park | ||||||
13 | district but is
included within a conservation | ||||||
14 | district as provided in this paragraph shall, as
soon | ||||||
15 | as practicable after the effective date of this | ||||||
16 | amendatory Act of 1991, be
allocated and paid to that | ||||||
17 | conservation district as provided in this paragraph.
| ||||||
18 | Any park district or municipality not maintaining a | ||||||
19 | museum may deposit the
monies in the corporate fund of | ||||||
20 | the park district or municipality where the
| ||||||
21 | inter-track wagering location is located, to be used | ||||||
22 | for general purposes;
and
| ||||||
23 | One-seventh to the Agricultural Premium Fund to be | ||||||
24 | used for distribution
to agricultural home economics | ||||||
25 | extension councils in accordance with "An
Act in | ||||||
26 | relation to additional support and finances for the |
| |||||||
| |||||||
1 | Agricultural and
Home Economic Extension Councils in | ||||||
2 | the several counties of this State and
making an | ||||||
3 | appropriation therefor", approved July 24, 1967.
| ||||||
4 | Until January 1, 2000, all other
monies paid into the | ||||||
5 | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | ||||||
6 | (11) shall be allocated by appropriation as follows:
| ||||||
7 | Two-sevenths to the Department of Agriculture. | ||||||
8 | Fifty percent of this
two-sevenths shall be used to | ||||||
9 | promote the Illinois horse racing and breeding
| ||||||
10 | industry, and shall be distributed by the Department of | ||||||
11 | Agriculture upon the
advice of a 9-member committee | ||||||
12 | appointed by the Governor consisting of the
following | ||||||
13 | members: the Director of Agriculture, who shall serve | ||||||
14 | as chairman; 2
representatives of organization | ||||||
15 | licensees conducting thoroughbred race meetings
in | ||||||
16 | this State, recommended by those licensees; 2 | ||||||
17 | representatives of
organization licensees conducting | ||||||
18 | standardbred race meetings in this State,
recommended | ||||||
19 | by those licensees; a representative of the Illinois | ||||||
20 | Thoroughbred
Breeders and Owners Foundation, | ||||||
21 | recommended by that Foundation; a
representative of | ||||||
22 | the Illinois Standardbred Owners and Breeders | ||||||
23 | Association,
recommended by that Association; a | ||||||
24 | representative of the Horsemen's Benevolent
and | ||||||
25 | Protective Association or any successor organization | ||||||
26 | thereto established
in Illinois comprised of the |
| |||||||
| |||||||
1 | largest number of owners and trainers,
recommended by | ||||||
2 | that Association or that successor organization; and a
| ||||||
3 | representative of the Illinois Harness Horsemen's | ||||||
4 | Association, recommended by
that Association. | ||||||
5 | Committee members shall serve for terms of 2 years,
| ||||||
6 | commencing January 1 of each even-numbered year. If a | ||||||
7 | representative of any of
the above-named entities has | ||||||
8 | not been recommended by January 1 of any
even-numbered | ||||||
9 | year, the Governor shall appoint a committee member to | ||||||
10 | fill that
position. Committee members shall receive no | ||||||
11 | compensation for their services
as members but shall be | ||||||
12 | reimbursed for all actual and necessary expenses and
| ||||||
13 | disbursements incurred in the performance of their | ||||||
14 | official duties. The
remaining 50% of this | ||||||
15 | two-sevenths shall be distributed to county fairs for
| ||||||
16 | premiums and rehabilitation as set forth in the | ||||||
17 | Agricultural Fair Act;
| ||||||
18 | Four-sevenths to museums and aquariums located in | ||||||
19 | park districts of over
500,000 population; provided | ||||||
20 | that the monies are distributed in accordance with
the | ||||||
21 | previous year's distribution of the maintenance tax | ||||||
22 | for such museums and
aquariums as provided in Section 2 | ||||||
23 | of the Park District Aquarium and Museum
Act; and
| ||||||
24 | One-seventh to the Agricultural Premium Fund to be | ||||||
25 | used for distribution
to agricultural home economics | ||||||
26 | extension councils in accordance with "An Act
in |
| |||||||
| |||||||
1 | relation to additional support and finances for the | ||||||
2 | Agricultural and
Home Economic Extension Councils in | ||||||
3 | the several counties of this State and
making an | ||||||
4 | appropriation therefor", approved July 24, 1967.
This | ||||||
5 | subparagraph (C) shall be inoperative and of no force | ||||||
6 | and effect on and
after January 1, 2000.
| ||||||
7 | (D) Except as provided in paragraph (11) of this | ||||||
8 | subsection (h),
with respect to purse allocation from | ||||||
9 | intertrack wagering, the monies so
retained shall be | ||||||
10 | divided as follows:
| ||||||
11 | (i) If the inter-track wagering licensee, | ||||||
12 | except an intertrack
wagering licensee that | ||||||
13 | derives its license from an organization
licensee | ||||||
14 | located in a county with a population in excess of | ||||||
15 | 230,000 and bounded
by the Mississippi River, is | ||||||
16 | not conducting its own
race meeting during the same | ||||||
17 | dates, then the entire purse allocation shall be
to | ||||||
18 | purses at the track where the races wagered on are | ||||||
19 | being conducted.
| ||||||
20 | (ii) If the inter-track wagering licensee, | ||||||
21 | except an intertrack
wagering licensee that | ||||||
22 | derives its license from an organization
licensee | ||||||
23 | located in a county with a population in excess of | ||||||
24 | 230,000 and bounded
by the Mississippi River, is | ||||||
25 | also
conducting its own
race meeting during the | ||||||
26 | same dates, then the purse allocation shall be as
|
| |||||||
| |||||||
1 | follows: 50% to purses at the track where the races | ||||||
2 | wagered on are
being conducted; 50% to purses at | ||||||
3 | the track where the inter-track
wagering licensee | ||||||
4 | is accepting such wagers.
| ||||||
5 | (iii) If the inter-track wagering is being | ||||||
6 | conducted by an inter-track
wagering location | ||||||
7 | licensee, except an intertrack wagering location | ||||||
8 | licensee
that derives its license from an | ||||||
9 | organization licensee located in a
county with a | ||||||
10 | population in excess of 230,000 and bounded by the | ||||||
11 | Mississippi
River, the entire purse allocation for | ||||||
12 | Illinois races shall
be to purses at the track | ||||||
13 | where the race meeting being wagered on is being
| ||||||
14 | held.
| ||||||
15 | (12) The Board shall have all powers necessary and | ||||||
16 | proper to fully
supervise and control the conduct of
| ||||||
17 | inter-track wagering and simulcast
wagering by inter-track | ||||||
18 | wagering licensees and inter-track wagering location
| ||||||
19 | licensees, including, but not
limited to the following:
| ||||||
20 | (A) The Board is vested with power to promulgate | ||||||
21 | reasonable rules and
regulations for the purpose of | ||||||
22 | administering the
conduct of this
wagering and to | ||||||
23 | prescribe reasonable rules, regulations and conditions | ||||||
24 | under
which such wagering shall be held and conducted. | ||||||
25 | Such rules and regulations
are to provide for the | ||||||
26 | prevention of practices detrimental to the public
|
| |||||||
| |||||||
1 | interest and for
the best interests of said wagering | ||||||
2 | and to impose penalties
for violations thereof.
| ||||||
3 | (B) The Board, and any person or persons to whom it | ||||||
4 | delegates this
power, is vested with the power to enter | ||||||
5 | the
facilities of any licensee to determine whether | ||||||
6 | there has been
compliance with the provisions of this | ||||||
7 | Act and the rules and regulations
relating to the | ||||||
8 | conduct of such wagering.
| ||||||
9 | (C) The Board, and any person or persons to whom it | ||||||
10 | delegates this
power, may eject or exclude from any | ||||||
11 | licensee's facilities, any person whose
conduct or | ||||||
12 | reputation
is such that his presence on such premises | ||||||
13 | may, in the opinion of the Board,
call into the | ||||||
14 | question the honesty and integrity of, or interfere | ||||||
15 | with the
orderly conduct of such wagering; provided, | ||||||
16 | however, that no person shall
be excluded or ejected | ||||||
17 | from such premises solely on the grounds of race,
| ||||||
18 | color, creed, national origin, ancestry, or sex.
| ||||||
19 | (D) (Blank).
| ||||||
20 | (E) The Board is vested with the power to appoint | ||||||
21 | delegates to execute
any of the powers granted to it | ||||||
22 | under this Section for the purpose of
administering | ||||||
23 | this wagering and any
rules and
regulations
| ||||||
24 | promulgated in accordance with this Act.
| ||||||
25 | (F) The Board shall name and appoint a State | ||||||
26 | director of this wagering
who shall be a representative |
| |||||||
| |||||||
1 | of the Board and whose
duty it shall
be to supervise | ||||||
2 | the conduct of inter-track wagering as may be provided | ||||||
3 | for
by the rules and regulations of the Board; such | ||||||
4 | rules and regulation shall
specify the method of | ||||||
5 | appointment and the Director's powers, authority and
| ||||||
6 | duties.
| ||||||
7 | (G) The Board is vested with the power to impose | ||||||
8 | civil penalties of up
to $5,000 against individuals and | ||||||
9 | up to $10,000 against
licensees for each violation of | ||||||
10 | any provision of
this Act relating to the conduct of | ||||||
11 | this wagering, any
rules adopted
by the Board, any | ||||||
12 | order of the Board or any other action which in the | ||||||
13 | Board's
discretion, is a detriment or impediment to | ||||||
14 | such wagering.
| ||||||
15 | (13) The Department of Agriculture may enter into | ||||||
16 | agreements with
licensees authorizing such licensees to | ||||||
17 | conduct inter-track
wagering on races to be held at the | ||||||
18 | licensed race meetings conducted by the
Department of | ||||||
19 | Agriculture. Such
agreement shall specify the races of the | ||||||
20 | Department of Agriculture's
licensed race meeting upon | ||||||
21 | which the licensees will conduct wagering. In the
event | ||||||
22 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
23 | on races from the Illinois State Fair
or DuQuoin State Fair | ||||||
24 | which are in addition to the licensee's previously
approved | ||||||
25 | racing program, those races shall be considered a separate | ||||||
26 | racing day
for the
purpose of determining the daily handle |
| |||||||
| |||||||
1 | and computing the privilege or
pari-mutuel tax on
that | ||||||
2 | daily handle as provided in Sections 27
and 27.1. Such
| ||||||
3 | agreements shall be approved by the Board before such | ||||||
4 | wagering may be
conducted. In determining whether to grant | ||||||
5 | approval, the Board shall give
due consideration to the | ||||||
6 | best interests of the public and of horse racing.
The | ||||||
7 | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| ||||||
8 | subsection (h) of this
Section which are not specified in | ||||||
9 | this paragraph (13) shall not apply to
licensed race | ||||||
10 | meetings conducted by the Department of Agriculture at the
| ||||||
11 | Illinois State Fair in Sangamon County or the DuQuoin State | ||||||
12 | Fair in Perry
County, or to any wagering conducted on
those | ||||||
13 | race meetings.
| ||||||
14 | (i) Notwithstanding the other provisions of this Act, the | ||||||
15 | conduct of
wagering at wagering facilities is authorized on all | ||||||
16 | days, except as limited by
subsection (b) of Section 19 of this | ||||||
17 | Act.
| ||||||
18 | (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
| ||||||
19 | (230 ILCS 5/27) (from Ch. 8, par. 37-27)
| ||||||
20 | Sec. 27. (a) In addition to the organization license fee | ||||||
21 | provided
by this Act, until January 1, 2000, a
graduated | ||||||
22 | privilege tax is hereby
imposed for conducting
the pari-mutuel | ||||||
23 | system of wagering permitted under this
Act. Until January 1, | ||||||
24 | 2000, except as provided in subsection (g) of
Section 27 of | ||||||
25 | this Act, all of
the breakage of each racing day held by any |
| |||||||
| |||||||
1 | licensee in the State shall be paid
to the State.
Until January | ||||||
2 | 1, 2000, such daily graduated privilege tax shall be paid by
| ||||||
3 | the
licensee from the amount permitted to be retained under | ||||||
4 | this Act.
Until January 1, 2000, each day's
graduated privilege | ||||||
5 | tax, breakage, and Horse Racing Tax Allocation
funds shall be | ||||||
6 | remitted to the Department of Revenue within 48 hours after the
| ||||||
7 | close of the racing day upon which it is assessed or within | ||||||
8 | such other time as
the Board prescribes. The privilege tax | ||||||
9 | hereby imposed, until January
1, 2000, shall be a flat tax at
| ||||||
10 | the rate of 2% of the daily pari-mutuel handle except as | ||||||
11 | provided in Section
27.1.
| ||||||
12 | In addition, every organization licensee, except as
| ||||||
13 | provided in Section 27.1 of this Act, which conducts multiple
| ||||||
14 | wagering shall pay, until January 1, 2000,
as a privilege tax | ||||||
15 | on multiple
wagers an amount
equal to 1.25% of all moneys | ||||||
16 | wagered each day on such multiple wagers,
plus an additional | ||||||
17 | amount equal to 3.5% of the amount wagered each day on any
| ||||||
18 | other multiple wager which involves a single
betting interest | ||||||
19 | on 3 or more horses. The licensee shall remit the amount of
| ||||||
20 | such taxes to the Department of Revenue within 48 hours after | ||||||
21 | the close of
the racing day on which it is assessed or within | ||||||
22 | such other time as the Board
prescribes.
| ||||||
23 | This subsection (a) shall be inoperative and of no force | ||||||
24 | and effect on and
after January 1, 2000.
| ||||||
25 | (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax | ||||||
26 | at the rate of 1.5% of
the daily
pari-mutuel handle is imposed |
| |||||||
| |||||||
1 | at all pari-mutuel wagering facilities and on advance deposit | ||||||
2 | wagering from a location other than a wagering facility , except | ||||||
3 | as otherwise provided for in this subsection (a-5). Beginning | ||||||
4 | on the effective date of this amendatory Act of the 94th | ||||||
5 | General Assembly and until moneys deposited pursuant to Section | ||||||
6 | 54 are distributed and received, a pari-mutuel tax at the rate | ||||||
7 | of 0.25% of the daily pari-mutuel handle is imposed at a | ||||||
8 | pari-mutuel facility whose license is derived from a track | ||||||
9 | located in a county that borders the Mississippi River and | ||||||
10 | conducted live racing in the previous year. After moneys | ||||||
11 | deposited pursuant to Section 54 are distributed and received, | ||||||
12 | a pari-mutuel tax at the rate of 1.5% of the daily pari-mutuel | ||||||
13 | handle is imposed at a pari-mutuel facility whose license is | ||||||
14 | derived from a track located in a county that borders the | ||||||
15 | Mississippi River and conducted live racing in the previous | ||||||
16 | year. The pari-mutuel tax imposed by this subsection (a-5)
| ||||||
17 | shall be remitted to the Department of
Revenue within 48 hours | ||||||
18 | after the close of the racing day upon which it is
assessed or | ||||||
19 | within such other time as the Board prescribes.
| ||||||
20 | (b) On or before December 31, 1999, in
the event that any | ||||||
21 | organization
licensee conducts
2 separate programs
of races on | ||||||
22 | any day, each such program shall be considered a separate
| ||||||
23 | racing day for purposes of determining the daily handle and | ||||||
24 | computing
the privilege tax on such daily handle as provided in | ||||||
25 | subsection (a) of
this Section.
| ||||||
26 | (c) Licensees shall at all times keep accurate
books
and |
| |||||||
| |||||||
1 | records of all monies wagered on each day of a race meeting and | ||||||
2 | of
the taxes paid to the Department of Revenue under the | ||||||
3 | provisions of this
Section. The Board or its duly authorized | ||||||
4 | representative or
representatives shall at all reasonable | ||||||
5 | times have access to such
records for the purpose of examining | ||||||
6 | and checking the same and
ascertaining whether the proper | ||||||
7 | amount of taxes is being paid as
provided. The Board shall | ||||||
8 | require verified reports and a statement of
the total of all | ||||||
9 | monies wagered daily at each wagering facility upon which
the | ||||||
10 | taxes are assessed and may prescribe forms upon which such | ||||||
11 | reports
and statement shall be made.
| ||||||
12 | (d) Any licensee failing or refusing to pay the amount
of | ||||||
13 | any tax due under this Section shall be guilty of a business | ||||||
14 | offense
and upon conviction shall be fined not more than $5,000 | ||||||
15 | in addition to
the amount found due as tax under this Section. | ||||||
16 | Each day's violation
shall constitute a separate offense. All | ||||||
17 | fines paid into Court by a licensee hereunder shall be | ||||||
18 | transmitted and paid over by
the Clerk of the Court to the | ||||||
19 | Board.
| ||||||
20 | (e) No other license fee, privilege tax, excise tax, or
| ||||||
21 | racing fee, except as provided in this Act, shall be assessed | ||||||
22 | or
collected from any such licensee by the State.
| ||||||
23 | (f) No other license fee, privilege tax, excise tax or | ||||||
24 | racing fee shall be
assessed or collected from any such | ||||||
25 | licensee by units of local government
except as provided in | ||||||
26 | paragraph 10.1 of subsection (h) and subsection (f) of
Section |
| |||||||
| |||||||
1 | 26 of this Act. However, any municipality that has a Board | ||||||
2 | licensed
horse race meeting at a race track wholly within its | ||||||
3 | corporate boundaries or a
township that has a Board licensed | ||||||
4 | horse race meeting at a race track wholly
within the | ||||||
5 | unincorporated area of the township may charge a local
| ||||||
6 | amusement tax not to exceed 10¢ per admission to such horse | ||||||
7 | race meeting
by the enactment of an ordinance. However, any | ||||||
8 | municipality or county
that has a Board licensed inter-track | ||||||
9 | wagering location facility wholly
within its corporate | ||||||
10 | boundaries may each impose an admission fee not
to exceed $1.00 | ||||||
11 | per admission to such inter-track wagering location facility,
| ||||||
12 | so that a total of not more than $2.00 per admission may be | ||||||
13 | imposed.
Except as provided in subparagraph (g) of Section 27 | ||||||
14 | of this Act, the
inter-track wagering location licensee shall | ||||||
15 | collect any and all such fees
and within 48 hours remit the | ||||||
16 | fees to the Board, which shall, pursuant to
rule, cause the | ||||||
17 | fees to be distributed to the county or municipality.
| ||||||
18 | (g) Notwithstanding any provision in this Act to the | ||||||
19 | contrary, if in any
calendar year the total taxes and fees | ||||||
20 | required to be collected from
licensees and distributed under | ||||||
21 | this Act to all State and local governmental
authorities | ||||||
22 | exceeds the amount of such taxes and fees distributed to each | ||||||
23 | State
and local governmental authority to which each State and | ||||||
24 | local governmental
authority was entitled under this Act for | ||||||
25 | calendar year 1994, then the first
$11 million of that excess | ||||||
26 | amount shall be allocated at the earliest possible
date for |
| |||||||
| |||||||
1 | distribution as purse money for the succeeding calendar year.
| ||||||
2 | Upon reaching the 1994 level, and until the excess amount of | ||||||
3 | taxes and fees
exceeds $11 million, the Board shall direct all | ||||||
4 | licensees to cease paying the
subject taxes and fees and the | ||||||
5 | Board shall direct all licensees to allocate any such excess | ||||||
6 | amount for purses as
follows:
| ||||||
7 | (i) the excess amount shall be initially divided | ||||||
8 | between thoroughbred and
standardbred purses based on the | ||||||
9 | thoroughbred's and standardbred's respective
percentages | ||||||
10 | of total Illinois live wagering in calendar year 1994;
| ||||||
11 | (ii) each thoroughbred and standardbred organization | ||||||
12 | licensee issued an
organization licensee in that | ||||||
13 | succeeding allocation year shall
be
allocated an amount | ||||||
14 | equal to the product of its percentage of total
Illinois
| ||||||
15 | live thoroughbred or standardbred wagering in calendar | ||||||
16 | year 1994 (the total to
be determined based on the sum of | ||||||
17 | 1994 on-track wagering for all organization
licensees | ||||||
18 | issued organization licenses in both the allocation year | ||||||
19 | and the
preceding year) multiplied by
the total amount | ||||||
20 | allocated for standardbred or thoroughbred purses, | ||||||
21 | provided
that the first $1,500,000 of the amount allocated | ||||||
22 | to standardbred
purses under item (i) shall be allocated to | ||||||
23 | the Department of
Agriculture to be expended with the | ||||||
24 | assistance and advice of the Illinois
Standardbred | ||||||
25 | Breeders Funds Advisory Board for the purposes listed in
| ||||||
26 | subsection (g) of Section 31 of this Act, before the amount |
| |||||||
| |||||||
1 | allocated to
standardbred purses under item (i) is | ||||||
2 | allocated to standardbred
organization licensees in the | ||||||
3 | succeeding allocation year.
| ||||||
4 | To the extent the excess amount of taxes and fees to be | ||||||
5 | collected and
distributed to State and local governmental | ||||||
6 | authorities exceeds $11 million,
that excess amount shall be | ||||||
7 | collected and distributed to State and local
authorities as | ||||||
8 | provided for under this Act.
| ||||||
9 | (Source: P.A. 94-805, eff. 5-26-06.)
| ||||||
10 | (230 ILCS 5/28) (from Ch. 8, par. 37-28)
| ||||||
11 | Sec. 28. Except as provided in subsection (g) of Section 27 | ||||||
12 | of this Act,
moneys collected shall be distributed according to | ||||||
13 | the provisions of this
Section 28.
| ||||||
14 | (a) Thirty
per cent of the total of all monies received
by | ||||||
15 | the State as privilege taxes shall be paid into the | ||||||
16 | Metropolitan Exposition
Auditorium and Office Building Fund in | ||||||
17 | the State Treasury.
| ||||||
18 | (b) In addition, 4.5% of the total of all monies received
| ||||||
19 | by the State as privilege taxes shall be paid into the State | ||||||
20 | treasury
into a special Fund to be known as the Metropolitan | ||||||
21 | Exposition,
Auditorium, and Office Building Fund.
| ||||||
22 | (c) Fifty per cent of the total of all monies received by | ||||||
23 | the State
as privilege taxes under the provisions of this Act | ||||||
24 | shall be paid into
the Agricultural Premium Fund.
| ||||||
25 | (d) Seven per cent of the total of all monies received by |
| |||||||
| |||||||
1 | the State
as privilege taxes shall be paid into the Fair and | ||||||
2 | Exposition Fund in
the State treasury; provided, however, that | ||||||
3 | when all bonds issued prior to
July 1, 1984 by the Metropolitan | ||||||
4 | Fair and Exposition Authority shall have
been paid or payment | ||||||
5 | shall have been provided for upon a refunding of those
bonds, | ||||||
6 | thereafter 1/12 of $1,665,662 of such monies shall be paid each
| ||||||
7 | month into the Build Illinois Fund, and the remainder into the | ||||||
8 | Fair and
Exposition Fund. All excess monies shall be allocated | ||||||
9 | to the Department of
Agriculture for distribution to county | ||||||
10 | fairs for premiums and
rehabilitation as set forth in the | ||||||
11 | Agricultural Fair Act.
| ||||||
12 | (e) The monies provided for in Section 30 shall be paid | ||||||
13 | into the
Illinois Thoroughbred Breeders Fund.
| ||||||
14 | (f) The monies provided for in Section 31 shall be paid | ||||||
15 | into the
Illinois Standardbred Breeders Fund.
| ||||||
16 | (g) Until January 1, 2000, that part representing
1/2 of | ||||||
17 | the total breakage in Thoroughbred,
Harness, Appaloosa, | ||||||
18 | Arabian, and Quarter Horse racing in the State shall
be paid | ||||||
19 | into the Illinois Race Track Improvement Fund as established
in | ||||||
20 | Section 32.
| ||||||
21 | (h) All other monies received by the Board under this Act | ||||||
22 | shall be
paid into the General Revenue Fund of the State.
| ||||||
23 | (i) The salaries of the Board members, secretary, stewards,
| ||||||
24 | directors of mutuels, veterinarians, representatives, | ||||||
25 | accountants,
clerks, stenographers, inspectors and other | ||||||
26 | employees of the Board, and
all expenses of the Board incident |
| |||||||
| |||||||
1 | to the administration of this Act,
including, but not limited | ||||||
2 | to, all expenses and salaries incident to the
taking of saliva | ||||||
3 | and urine samples in accordance with the rules and
regulations | ||||||
4 | of the Board shall be paid out of the Agricultural Premium
| ||||||
5 | Fund.
| ||||||
6 | (j) The Agricultural Premium Fund shall also be used:
| ||||||
7 | (1) for the expenses of operating the Illinois State | ||||||
8 | Fair and the
DuQuoin State Fair, including the
payment of | ||||||
9 | prize money or premiums;
| ||||||
10 | (2) for the distribution to county fairs, vocational | ||||||
11 | agriculture
section fairs, agricultural societies, and | ||||||
12 | agricultural extension clubs
in accordance with the | ||||||
13 | Agricultural Fair Act, as
amended;
| ||||||
14 | (3) for payment of prize monies and premiums awarded | ||||||
15 | and for
expenses incurred in connection with the | ||||||
16 | International Livestock
Exposition and the Mid-Continent | ||||||
17 | Livestock Exposition held in Illinois,
which premiums, and | ||||||
18 | awards must be approved, and paid by the Illinois
| ||||||
19 | Department of Agriculture;
| ||||||
20 | (4) for personal service of county agricultural | ||||||
21 | advisors and county
home advisors;
| ||||||
22 | (5) for distribution to agricultural home economic | ||||||
23 | extension
councils in accordance with "An Act in relation | ||||||
24 | to additional support
and finance for the Agricultural and | ||||||
25 | Home Economic Extension Councils in
the several counties in | ||||||
26 | this State and making an appropriation
therefor", approved |
| |||||||
| |||||||
1 | July 24, 1967, as amended;
| ||||||
2 | (6) for research on equine disease, including a | ||||||
3 | development center
therefor;
| ||||||
4 | (7) for training scholarships for study on equine | ||||||
5 | diseases to
students at the University of Illinois College | ||||||
6 | of Veterinary Medicine;
| ||||||
7 | (8) for the rehabilitation, repair and maintenance of
| ||||||
8 | the Illinois and DuQuoin State Fair Grounds and
the | ||||||
9 | structures and facilities thereon and the construction of | ||||||
10 | permanent
improvements on such Fair Grounds, including | ||||||
11 | such structures, facilities and
property located on such
| ||||||
12 | State Fair Grounds which are under the custody and control | ||||||
13 | of the
Department of Agriculture;
| ||||||
14 | (9) for the expenses of the Department of Agriculture | ||||||
15 | under Section
5-530 of the Departments of State Government | ||||||
16 | Law (20 ILCS
5/5-530);
| ||||||
17 | (10) for the expenses of the Department of Commerce and | ||||||
18 | Economic Opportunity under Sections
605-620, 605-625, and
| ||||||
19 | 605-630 of the Department of Commerce and Economic | ||||||
20 | Opportunity Law (20 ILCS
605/605-620, 605/605-625, and | ||||||
21 | 605/605-630);
| ||||||
22 | (11) for remodeling, expanding, and reconstructing | ||||||
23 | facilities
destroyed by fire of any Fair and Exposition | ||||||
24 | Authority in counties with
a population of 1,000,000 or | ||||||
25 | more inhabitants;
| ||||||
26 | (12) for the purpose of assisting in the care and |
| |||||||
| |||||||
1 | general
rehabilitation of disabled veterans of any war and | ||||||
2 | their surviving
spouses and orphans;
| ||||||
3 | (13) for expenses of the Department of State Police for | ||||||
4 | duties
performed under this Act;
| ||||||
5 | (14) for the Department of Agriculture for soil surveys | ||||||
6 | and soil and water
conservation purposes;
| ||||||
7 | (15) for the Department of Agriculture for grants to | ||||||
8 | the City of Chicago
for conducting the Chicagofest;
| ||||||
9 | (16) for the State Comptroller for grants and operating | ||||||
10 | expenses authorized by the Illinois Global Partnership | ||||||
11 | Act ; .
| ||||||
12 | (17) for drug testing as authorized in Section 34.3 of | ||||||
13 | this Act.
| ||||||
14 | (k) To the extent that monies paid by the Board to the | ||||||
15 | Agricultural
Premium Fund are in the opinion of the Governor in | ||||||
16 | excess of the amount
necessary for the purposes herein stated, | ||||||
17 | the Governor shall notify the
Comptroller and the State | ||||||
18 | Treasurer of such fact, who, upon receipt of
such notification, | ||||||
19 | shall transfer such excess monies from the
Agricultural Premium | ||||||
20 | Fund to the General Revenue Fund.
| ||||||
21 | (Source: P.A. 94-91, Sections 55-135 and 90-10, eff. 7-1-05.)
| ||||||
22 | (230 ILCS 5/28.1)
| ||||||
23 | Sec. 28.1. Payments.
| ||||||
24 | (a) Beginning on January 1, 2000, moneys collected by the | ||||||
25 | Department of
Revenue and the Racing Board pursuant to Section |
| |||||||
| |||||||
1 | 26 or Section 27
of this Act shall be deposited into the Horse | ||||||
2 | Racing Fund, which is hereby
created as a special fund in the | ||||||
3 | State Treasury.
| ||||||
4 | (b) Appropriations, as approved by the General
Assembly, | ||||||
5 | may be made from
the Horse Racing Fund to the Board to pay the
| ||||||
6 | salaries of the Board members, secretary, stewards,
directors | ||||||
7 | of mutuels, veterinarians, representatives, accountants,
| ||||||
8 | clerks, stenographers, inspectors and other employees of the | ||||||
9 | Board, and
all expenses of the Board incident to the | ||||||
10 | administration of this Act,
including, but not limited to, all | ||||||
11 | expenses and salaries incident to the
taking of saliva and | ||||||
12 | urine samples in accordance with the rules and
regulations of | ||||||
13 | the Board.
| ||||||
14 | (c) Appropriations, as approved by the General Assembly, | ||||||
15 | shall be made
from the Horse Racing Fund to the Department of | ||||||
16 | Agriculture for the
purposes identified in paragraphs (2), | ||||||
17 | (2.5), (4), (6), (7), (8), and
(9) of
subsection (g) of Section | ||||||
18 | 30, subsection (e) of Section 30.5, and paragraphs
(1),
(2), | ||||||
19 | (3),
(5), and (8) of subsection (g) of Section 31 and for | ||||||
20 | standardbred bonus
programs
for owners of horses that win | ||||||
21 | multiple stakes races that are limited to
Illinois conceived | ||||||
22 | and foaled horses. From
Beginning on January 1, 2000 until the | ||||||
23 | effective date of this amendatory Act of the 95th General | ||||||
24 | Assembly , the Board shall
transfer the remainder of the funds
| ||||||
25 | generated pursuant to Sections 26 and 27 from the Horse Racing | ||||||
26 | Fund into the
General Revenue Fund.
|
| |||||||
| |||||||
1 | (d) Beginning January 1, 2000, payments to all programs in | ||||||
2 | existence on the
effective date of this amendatory Act of 1999 | ||||||
3 | that are identified in Sections
26(c), 26(f), 26(h)(11)(C), and | ||||||
4 | 28, subsections (a), (b), (c), (d), (e), (f),
(g), and (h) of | ||||||
5 | Section 30, and subsections (a), (b), (c), (d), (e), (f), (g),
| ||||||
6 | and (h) of Section 31 shall be made from the General Revenue | ||||||
7 | Fund at the
funding levels determined by amounts paid under | ||||||
8 | this Act in calendar year
1998. Beginning on the effective date | ||||||
9 | of this amendatory Act of the 93rd General Assembly, payments | ||||||
10 | to the Peoria Park District shall be made from the General | ||||||
11 | Revenue Fund at the funding level determined by amounts paid to | ||||||
12 | that park district for museum purposes under this Act in | ||||||
13 | calendar year 1994. Beginning on the effective date of this | ||||||
14 | amendatory Act of the 94th General Assembly, in lieu of | ||||||
15 | payments to the Champaign Park District for museum purposes, | ||||||
16 | payments to the Urbana Park District shall be made from the | ||||||
17 | General Revenue Fund at the funding level determined by amounts | ||||||
18 | paid to the Champaign Park District for museum purposes under | ||||||
19 | this Act in calendar year 2005.
| ||||||
20 | (e) Beginning July 1, 2006, the payment authorized under | ||||||
21 | subsection (d) to museums and aquariums located in park | ||||||
22 | districts of over 500,000 population shall be paid to museums, | ||||||
23 | aquariums, and zoos in amounts determined by Museums in the | ||||||
24 | Park, an association of museums, aquariums, and zoos located on | ||||||
25 | Chicago Park District property.
| ||||||
26 | (f) Beginning July 1, 2007, the Children's Discovery Museum |
| |||||||
| |||||||
1 | in Normal, Illinois shall receive payments from the General | ||||||
2 | Revenue Fund at the funding level determined by the amounts | ||||||
3 | paid to the Miller Park Zoo in Bloomington, Illinois under this | ||||||
4 | Section in calendar year 2006.
| ||||||
5 | (g) Notwithstanding any other provision of this Act to the | ||||||
6 | contrary,
appropriations, as approved by the General Assembly, | ||||||
7 | may be made from the Fair
and Exposition Fund to the Department | ||||||
8 | of Agriculture for distribution to
Illinois county fairs to | ||||||
9 | supplement premiums offered in junior classes. | ||||||
10 | (Source: P.A. 94-813, eff. 5-26-06; 95-222, eff. 8-16-07.)
| ||||||
11 | (230 ILCS 5/30)
(from Ch. 8, par. 37-30)
| ||||||
12 | Sec. 30. (a) The General Assembly declares that it is the | ||||||
13 | policy of
this State to encourage the breeding of thoroughbred | ||||||
14 | horses in this
State and the ownership of such horses by | ||||||
15 | residents of this State in
order to provide for: sufficient | ||||||
16 | numbers of high quality thoroughbred
horses to participate in | ||||||
17 | thoroughbred racing meetings in this State,
and to establish | ||||||
18 | and preserve the agricultural and commercial benefits
of such | ||||||
19 | breeding and racing industries to the State of Illinois. It is
| ||||||
20 | the intent of the General Assembly to further this policy by | ||||||
21 | the
provisions of this Act.
| ||||||
22 | (b) Each organization licensee conducting a thoroughbred | ||||||
23 | racing meeting
pursuant to this Act shall provide at least two | ||||||
24 | races each day limited to
Illinois conceived and foaled horses | ||||||
25 | or Illinois foaled horses or both. A
minimum of 6 races shall |
| |||||||
| |||||||
1 | be conducted each week limited to Illinois conceived
and foaled | ||||||
2 | or Illinois foaled horses or both. Subject to the daily
| ||||||
3 | availability of horses, one of the 6 races scheduled per week | ||||||
4 | that are limited
to Illinois conceived and foaled or Illinois | ||||||
5 | foaled horses or both shall be
limited to Illinois conceived | ||||||
6 | and foaled or Illinois foaled maidens.
No horses shall be | ||||||
7 | permitted to start in such races unless duly registered
under | ||||||
8 | the rules of the Department of Agriculture.
| ||||||
9 | (c) Conditions of races under subsection (b) shall be | ||||||
10 | commensurate
with past performance, quality, and class of | ||||||
11 | Illinois conceived and foaled
and Illinois foaled horses
| ||||||
12 | available. If, however, sufficient competition cannot be had | ||||||
13 | among
horses of that class on any day, the races may, with | ||||||
14 | consent of the
Board, be eliminated for that day and substitute | ||||||
15 | races provided.
| ||||||
16 | (d) There is hereby created a special fund of the State | ||||||
17 | Treasury to be known
as the Illinois Thoroughbred Breeders | ||||||
18 | Fund.
| ||||||
19 | Except as provided in subsection (g) of Section 27 of this | ||||||
20 | Act, 8.5% of all
the monies received by the State as privilege | ||||||
21 | taxes on Thoroughbred racing
meetings shall be paid into the | ||||||
22 | Illinois Thoroughbred Breeders Fund.
| ||||||
23 | (e) The Illinois Thoroughbred Breeders Fund shall be | ||||||
24 | administered by
the Department of Agriculture
with the advice | ||||||
25 | and assistance of the
Advisory Board created in subsection (f) | ||||||
26 | of this Section.
|
| |||||||
| |||||||
1 | (f) The Illinois Thoroughbred Breeders Fund Advisory Board | ||||||
2 | shall
consist of the Director of the Department of Agriculture, | ||||||
3 | who shall
serve as Chairman; a member of the Illinois Racing | ||||||
4 | Board, designated by
it; 2 representatives of the organization | ||||||
5 | licensees
conducting thoroughbred
racing meetings, recommended | ||||||
6 | by them; 2 representatives of the Illinois
Thoroughbred | ||||||
7 | Breeders and Owners Foundation, recommended by it; and 2
| ||||||
8 | representatives of the Horsemen's Benevolent Protective | ||||||
9 | Association or any
successor organization established in | ||||||
10 | Illinois comprised of the largest number
of owners and | ||||||
11 | trainers,
recommended
by it, with one representative of the | ||||||
12 | Horsemen's Benevolent and Protective
Association to come from | ||||||
13 | its Illinois Division, and one from its Chicago
Division. | ||||||
14 | Advisory Board members shall serve for 2 years commencing | ||||||
15 | January 1
of each odd numbered year. If representatives of the | ||||||
16 | organization licensees
conducting thoroughbred racing | ||||||
17 | meetings, the Illinois Thoroughbred Breeders and
Owners | ||||||
18 | Foundation, and the Horsemen's Benevolent Protection | ||||||
19 | Association have
not been recommended by January 1, of each odd | ||||||
20 | numbered year, the Director of
the Department of Agriculture | ||||||
21 | shall make an appointment for the organization
failing to so | ||||||
22 | recommend a member of the Advisory Board. Advisory Board | ||||||
23 | members
shall receive no compensation for their services as | ||||||
24 | members but shall be
reimbursed for all actual and necessary | ||||||
25 | expenses and disbursements incurred in
the execution of their | ||||||
26 | official duties.
|
| |||||||
| |||||||
1 | (g) Moneys
No monies shall be expended from the Illinois
| ||||||
2 | Thoroughbred Breeders Fund except as appropriated by the | ||||||
3 | General
Assembly pursuant to this Act, the Riverboat and Casino | ||||||
4 | Gambling Act, or both . Monies
appropriated from the Illinois | ||||||
5 | Thoroughbred Breeders Fund shall be expended by
the Department | ||||||
6 | of Agriculture, with the advice and assistance of the Illinois
| ||||||
7 | Thoroughbred Breeders Fund Advisory Board, for the following | ||||||
8 | purposes only:
| ||||||
9 | (1) To provide purse supplements to owners of horses | ||||||
10 | participating
in races limited to Illinois conceived and | ||||||
11 | foaled and Illinois foaled
horses. Any such purse | ||||||
12 | supplements shall not be included in and shall
be paid in | ||||||
13 | addition to any purses, stakes, or breeders' awards offered
| ||||||
14 | by each organization licensee as determined by agreement | ||||||
15 | between such
organization licensee and an organization | ||||||
16 | representing the horsemen. No
monies from the Illinois | ||||||
17 | Thoroughbred Breeders Fund shall be used to provide
purse | ||||||
18 | supplements for claiming races in which the minimum | ||||||
19 | claiming price is
less than $7,500.
| ||||||
20 | (2) To provide stakes and awards to be paid to the | ||||||
21 | owners of the
winning horses in certain races limited to | ||||||
22 | Illinois conceived and foaled
and Illinois foaled horses | ||||||
23 | designated as stakes races.
| ||||||
24 | (2.5) To provide an award to the owner or owners of an | ||||||
25 | Illinois
conceived and foaled or Illinois foaled horse that | ||||||
26 | wins a
maiden special weight, an allowance, overnight |
| |||||||
| |||||||
1 | handicap race, or
claiming race with claiming price of | ||||||
2 | $10,000 or more providing the race
is not restricted
to | ||||||
3 | Illinois conceived and foaled or Illinois foaled horses.
| ||||||
4 | Awards shall
also be provided to the owner or owners of | ||||||
5 | Illinois conceived and foaled and
Illinois foaled horses | ||||||
6 | that place second or third in those races. To the
extent
| ||||||
7 | that additional moneys are required to pay the minimum | ||||||
8 | additional awards of 40%
of the purse the horse earns for | ||||||
9 | placing first, second or third in those races
for Illinois | ||||||
10 | foaled horses and of 60% of the purse the horse earns for | ||||||
11 | placing
first, second or third in those races for Illinois
| ||||||
12 | conceived and foaled horses, those moneys shall be provided | ||||||
13 | from the purse
account at the track where earned.
| ||||||
14 | (3) To provide stallion awards to the owner or owners | ||||||
15 | of any stallion that
is duly registered with the Illinois | ||||||
16 | Thoroughbred Breeders Fund Program prior
to the effective | ||||||
17 | date of this amendatory Act of 1995 whose duly registered
| ||||||
18 | Illinois conceived and foaled offspring wins a race | ||||||
19 | conducted at an Illinois
thoroughbred racing meeting other | ||||||
20 | than a claiming race , provided (i) that the stallion stood | ||||||
21 | for service within Illinois at the time the offspring was | ||||||
22 | conceived and (ii) that the stallion did not stand for | ||||||
23 | service outside of Illinois at any time during the year in | ||||||
24 | which the offspring was conceived . Such award shall not be
| ||||||
25 | paid to the owner or owners of an Illinois stallion that | ||||||
26 | served outside this
State at any time during the calendar |
| |||||||
| |||||||
1 | year in which such race was conducted.
| ||||||
2 | (4) To provide $75,000 annually for purses to be
| ||||||
3 | distributed to
county fairs that provide for the running of | ||||||
4 | races during each county
fair exclusively for the | ||||||
5 | thoroughbreds conceived and foaled in
Illinois. The | ||||||
6 | conditions of the races shall be developed by the county
| ||||||
7 | fair association and reviewed by the Department with the | ||||||
8 | advice and
assistance of
the Illinois Thoroughbred | ||||||
9 | Breeders Fund Advisory Board. There shall be no
wagering of | ||||||
10 | any kind on the running
of
Illinois conceived and foaled | ||||||
11 | races at county fairs.
| ||||||
12 | (4.1) (Blank).
To provide purse money for an Illinois | ||||||
13 | stallion
stakes program.
| ||||||
14 | (5) No less than 80% of all monies appropriated to
from
| ||||||
15 | the
Illinois Thoroughbred Breeders Fund shall be expended | ||||||
16 | for the purposes in (1),
(2), (2.5), (3), (4), (4.1), and | ||||||
17 | (5) as shown above.
| ||||||
18 | (6) To provide for educational programs regarding the | ||||||
19 | thoroughbred
breeding industry.
| ||||||
20 | (7) To provide for research programs concerning the | ||||||
21 | health,
development and care of the thoroughbred horse.
| ||||||
22 | (8) To provide for a scholarship and training program | ||||||
23 | for students
of equine veterinary medicine.
| ||||||
24 | (9) To provide for dissemination of public information | ||||||
25 | designed to
promote the breeding of thoroughbred horses in | ||||||
26 | Illinois.
|
| |||||||
| |||||||
1 | (10) To provide for all expenses incurred in the | ||||||
2 | administration of
the Illinois Thoroughbred Breeders Fund.
| ||||||
3 | (h) (Blank).
Whenever the Governor finds that the amount in | ||||||
4 | the
Illinois
Thoroughbred Breeders Fund is more than the total | ||||||
5 | of the outstanding
appropriations from such fund, the Governor | ||||||
6 | shall notify the State
Comptroller and the State Treasurer of | ||||||
7 | such fact. The Comptroller and
the State Treasurer, upon | ||||||
8 | receipt of such notification, shall transfer
such excess amount | ||||||
9 | from the Illinois Thoroughbred Breeders Fund to the
General | ||||||
10 | Revenue Fund.
| ||||||
11 | (i) A sum equal to 12 1/2% of the first prize money of | ||||||
12 | every purse
won by an Illinois foaled or an Illinois conceived | ||||||
13 | and foaled horse in
races not limited to Illinois foaled horses | ||||||
14 | or Illinois conceived and
foaled horses, or both, shall be paid | ||||||
15 | by the organization licensee
conducting the horse race meeting. | ||||||
16 | Such sum shall be paid from the organization
licensee's share | ||||||
17 | of the money wagered as follows: 11 1/2% to the breeder of
the | ||||||
18 | winning horse and 1% to the organization representing | ||||||
19 | thoroughbred breeders
and owners whose representative serves | ||||||
20 | on the Illinois Thoroughbred Breeders
Fund Advisory Board for | ||||||
21 | verifying the amounts of breeders' awards earned,
assuring | ||||||
22 | their distribution in accordance with this Act, and servicing | ||||||
23 | and
promoting the Illinois thoroughbred horse racing industry. | ||||||
24 | The
organization representing thoroughbred breeders and owners | ||||||
25 | shall cause all
expenditures of monies received under this | ||||||
26 | subsection (i) to be audited
at least annually by a registered |
| |||||||
| |||||||
1 | public accountant. The organization
shall file copies of each | ||||||
2 | annual audit with the Racing Board, the Clerk of
the House of | ||||||
3 | Representatives and the Secretary of the Senate, and shall
make | ||||||
4 | copies of each annual audit available to the public upon | ||||||
5 | request
and upon payment of the reasonable cost of photocopying | ||||||
6 | the requested
number of copies. Such payments shall not reduce | ||||||
7 | any award to the owner of the
horse or reduce the taxes payable | ||||||
8 | under this Act. Upon completion of its
racing meet, each | ||||||
9 | organization licensee shall deliver to the organization
| ||||||
10 | representing thoroughbred breeders and owners whose | ||||||
11 | representative serves on
the Illinois Thoroughbred Breeders | ||||||
12 | Fund Advisory Board a listing of all the
Illinois foaled and | ||||||
13 | the Illinois conceived and foaled horses which won
breeders' | ||||||
14 | awards and the amount of such breeders' awards under this | ||||||
15 | subsection
to verify accuracy of payments and assure proper | ||||||
16 | distribution of breeders'
awards in accordance with the | ||||||
17 | provisions of this Act. Such payments shall be
delivered by the | ||||||
18 | organization licensee within 30 days of the end of each race
| ||||||
19 | meeting.
| ||||||
20 | (j) A sum equal to 12 1/2% of the first prize money won in | ||||||
21 | each race
limited to Illinois foaled horses or Illinois | ||||||
22 | conceived and foaled
horses, or both, shall be paid in the | ||||||
23 | following manner by the
organization licensee conducting the | ||||||
24 | horse race meeting, from the
organization licensee's share of | ||||||
25 | the money wagered: 11 1/2% to the breeders of
the horses in | ||||||
26 | each such race which are the official first, second, third
and |
| |||||||
| |||||||
1 | fourth finishers and 1% to the organization representing | ||||||
2 | thoroughbred
breeders and owners whose representative serves | ||||||
3 | on the Illinois Thoroughbred
Breeders Fund Advisory Board for | ||||||
4 | verifying the amounts of breeders' awards
earned, assuring | ||||||
5 | their proper distribution in accordance with this Act, and
| ||||||
6 | servicing and promoting the Illinois thoroughbred horse racing | ||||||
7 | industry. The
organization representing thoroughbred breeders | ||||||
8 | and owners shall cause all
expenditures of monies received | ||||||
9 | under this subsection (j) to be audited
at least annually by a | ||||||
10 | registered public accountant. The organization
shall file | ||||||
11 | copies of each annual audit with the Racing Board, the Clerk of
| ||||||
12 | the House of Representatives and the Secretary of the Senate, | ||||||
13 | and shall
make copies of each annual audit available to the | ||||||
14 | public upon request
and upon payment of the reasonable cost of | ||||||
15 | photocopying the requested
number of copies.
| ||||||
16 | The 11 1/2% paid to the breeders in accordance with this | ||||||
17 | subsection
shall be distributed as follows:
| ||||||
18 | (1) 60% of such sum shall be paid to the breeder of the | ||||||
19 | horse which
finishes in the official first position;
| ||||||
20 | (2) 20% of such sum shall be paid to the breeder of the | ||||||
21 | horse which
finishes in the official second position;
| ||||||
22 | (3) 15% of such sum shall be paid to the breeder of the | ||||||
23 | horse which
finishes in the official third position; and
| ||||||
24 | (4) 5% of such sum shall be paid to the breeder of the | ||||||
25 | horse which
finishes in the official fourth position.
| ||||||
26 | Such payments shall not reduce any award to the owners of a |
| |||||||
| |||||||
1 | horse or
reduce the taxes payable under this Act. Upon | ||||||
2 | completion of its racing meet,
each organization licensee shall | ||||||
3 | deliver to the organization representing
thoroughbred breeders | ||||||
4 | and owners whose representative serves on the Illinois
| ||||||
5 | Thoroughbred Breeders Fund Advisory Board a listing of all the | ||||||
6 | Illinois foaled
and the Illinois conceived and foaled horses | ||||||
7 | which won breeders' awards and the
amount of such breeders' | ||||||
8 | awards in accordance with the provisions of this Act.
Such | ||||||
9 | payments shall be delivered by the organization licensee within | ||||||
10 | 30 days of
the end of each race meeting.
| ||||||
11 | (k) The term "breeder", as used herein, means the owner of | ||||||
12 | the mare at the
time the foal is dropped. An "Illinois foaled | ||||||
13 | horse" is a foal dropped by a
mare which enters this State on | ||||||
14 | or before December 1, in the year in which the
horse is bred, | ||||||
15 | provided the mare remains continuously in
this State until its | ||||||
16 | foal is born. An "Illinois foaled horse" also means a foal
born | ||||||
17 | of a mare in the same year as the mare enters this State on or | ||||||
18 | before
March 1, and remains in this State at least 30 days | ||||||
19 | after foaling, is bred back
during the season of the foaling to | ||||||
20 | an Illinois Registered Stallion (unless a
veterinarian | ||||||
21 | certifies that the mare should not be bred for health reasons),
| ||||||
22 | and is not bred to a stallion standing in any other state | ||||||
23 | during the season of
foaling. An "Illinois foaled horse" also | ||||||
24 | means a foal born in Illinois of a
mare purchased at public | ||||||
25 | auction subsequent to the mare entering this State
prior to | ||||||
26 | March 1
February 1 of the foaling year providing the mare is
|
| |||||||
| |||||||
1 | owned solely by one or more Illinois residents or an Illinois | ||||||
2 | entity that is
entirely owned by one or more Illinois | ||||||
3 | residents.
| ||||||
4 | (l) The Department of Agriculture shall, by rule, with the | ||||||
5 | advice and
assistance of the Illinois Thoroughbred Breeders | ||||||
6 | Fund Advisory Board:
| ||||||
7 | (1) Qualify stallions for Illinois breeding; such | ||||||
8 | stallions to stand for
service within the State of Illinois | ||||||
9 | at the time of a foal's conception. Such
stallion must not | ||||||
10 | stand for service at any place outside the State of | ||||||
11 | Illinois
during the calendar year in which the foal is | ||||||
12 | conceived. The Department of
Agriculture may assess and | ||||||
13 | collect an application fee of
$500
fees for the | ||||||
14 | registration of each Illinois-eligible stallion
stallions . | ||||||
15 | All fees collected are to be paid into the Illinois
| ||||||
16 | Thoroughbred Breeders Fund and used by the Illinois | ||||||
17 | Thoroughbred Breeders
Fund Advisory Board for stallion | ||||||
18 | awards .
| ||||||
19 | (2) Provide for the registration of Illinois conceived | ||||||
20 | and foaled
horses and Illinois foaled horses. No such horse | ||||||
21 | shall compete in
the races limited to Illinois conceived | ||||||
22 | and foaled horses or Illinois
foaled horses or both unless | ||||||
23 | registered with the Department of
Agriculture. The | ||||||
24 | Department of Agriculture may prescribe such forms as
are | ||||||
25 | necessary to determine the eligibility of such horses. The | ||||||
26 | Department of
Agriculture may assess and collect |
| |||||||
| |||||||
1 | application fees for the registration of
Illinois-eligible | ||||||
2 | foals. All fees collected are to be paid into the Illinois
| ||||||
3 | Thoroughbred Breeders Fund. No person
shall knowingly | ||||||
4 | prepare or cause preparation of an application for
| ||||||
5 | registration of such foals containing false information.
| ||||||
6 | (m) The Department of Agriculture, with the advice and | ||||||
7 | assistance of
the Illinois Thoroughbred Breeders Fund Advisory | ||||||
8 | Board, shall provide that certain races
limited to Illinois | ||||||
9 | conceived and foaled and Illinois foaled horses be
stakes races | ||||||
10 | and determine the total amount of stakes and awards to be paid
| ||||||
11 | to the owners of the winning horses in such races.
| ||||||
12 | In determining the stakes races and the amount of awards | ||||||
13 | for such races,
the Department of Agriculture shall consider | ||||||
14 | factors, including but not
limited to, the amount of money | ||||||
15 | appropriated for the Illinois Thoroughbred
Breeders Fund | ||||||
16 | program, organization licensees' contributions,
availability | ||||||
17 | of stakes caliber horses as demonstrated by past performances,
| ||||||
18 | whether the race can be coordinated into the proposed racing | ||||||
19 | dates within
organization licensees' racing dates, opportunity | ||||||
20 | for
colts and fillies
and various age groups to race, public | ||||||
21 | wagering on such races, and the
previous racing schedule.
| ||||||
22 | (n) The Board and the organizational licensee shall
notify | ||||||
23 | the Department of the conditions and minimum purses for races
| ||||||
24 | limited to Illinois conceived and foaled and Illinois foaled | ||||||
25 | horses
conducted for each organizational licensee conducting a | ||||||
26 | thoroughbred racing
meeting. The Department of Agriculture |
| |||||||
| |||||||
1 | with the advice and assistance of
the Illinois Thoroughbred | ||||||
2 | Breeders Fund Advisory Board may allocate monies
for purse | ||||||
3 | supplements for such races. In determining whether to allocate
| ||||||
4 | money and the amount, the Department of Agriculture shall | ||||||
5 | consider factors,
including but not limited to, the amount of | ||||||
6 | money appropriated for the
Illinois Thoroughbred Breeders Fund | ||||||
7 | program, the number of races that may
occur, and the | ||||||
8 | organizational licensee's purse structure.
| ||||||
9 | (o) (Blank).
In order to improve the breeding quality of | ||||||
10 | thoroughbred
horses in the
State, the General Assembly | ||||||
11 | recognizes that existing provisions of this Section
to | ||||||
12 | encourage such quality breeding need to be revised and | ||||||
13 | strengthened. As
such, a Thoroughbred Breeder's Program Task | ||||||
14 | Force is to be appointed by the
Governor by September 1, 1999 | ||||||
15 | to make recommendations to the General Assembly
by no later | ||||||
16 | than March 1, 2000. This task force is to be composed of 2
| ||||||
17 | representatives from the Illinois Thoroughbred Breeders and | ||||||
18 | Owners Foundation,
2 from the Illinois Thoroughbred Horsemen's | ||||||
19 | Association, 3 from Illinois race
tracks operating | ||||||
20 | thoroughbred race meets for an average of at least 30 days in
| ||||||
21 | the past 3 years, the Director of Agriculture, the Executive | ||||||
22 | Director of the
Racing Board, who shall serve as Chairman.
| ||||||
23 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
24 | (230 ILCS 5/31)
(from Ch. 8, par. 37-31)
| ||||||
25 | Sec. 31. (a) The General Assembly declares that it is the |
| |||||||
| |||||||
1 | policy of
this State to encourage the breeding of standardbred | ||||||
2 | horses in this
State and the ownership of such horses by | ||||||
3 | residents of this State in
order to provide for: sufficient | ||||||
4 | numbers of high quality standardbred
horses to participate in | ||||||
5 | harness racing meetings in this State, and to
establish and | ||||||
6 | preserve the agricultural and commercial benefits of such
| ||||||
7 | breeding and racing industries to the State of Illinois. It is | ||||||
8 | the
intent of the General Assembly to further this policy by | ||||||
9 | the provisions
of this Section of this Act.
| ||||||
10 | (b) Each organization licensee conducting a harness
racing | ||||||
11 | meeting pursuant to this Act shall provide for at least two | ||||||
12 | races each
race program limited to
Illinois conceived and | ||||||
13 | foaled horses. A minimum of 6 races shall be
conducted each | ||||||
14 | week limited to Illinois conceived and foaled horses. No
horses | ||||||
15 | shall be permitted to start in such races unless duly | ||||||
16 | registered
under the rules of the Department of Agriculture.
| ||||||
17 | (b-5) Each organization licensee conducting a harness | ||||||
18 | racing meeting
pursuant to this Act shall provide stakes races | ||||||
19 | and early closer races for
Illinois conceived and foaled horses | ||||||
20 | so the total purses distributed for such
races shall be no less | ||||||
21 | than 17% of the total purses distributed at the meeting.
| ||||||
22 | (b-10) Each organization licensee conducting a harness | ||||||
23 | racing meeting
pursuant to this Act shall provide an owner | ||||||
24 | award to be paid from the purse
account equal to 25% of the | ||||||
25 | amount earned by Illinois conceived and foaled
horses in races | ||||||
26 | that are not restricted to Illinois conceived and foaled
|
| |||||||
| |||||||
1 | horses. | ||||||
2 | (c) Conditions of races under subsection (b) shall be | ||||||
3 | commensurate
with past performance, quality and class of | ||||||
4 | Illinois conceived and
foaled horses available. If, however, | ||||||
5 | sufficient competition cannot be
had among horses of that class | ||||||
6 | on any day, the races may, with consent
of the Board, be | ||||||
7 | eliminated for that day and substitute races provided.
| ||||||
8 | (d) There is hereby created a special fund of the State | ||||||
9 | Treasury to
be known as the Illinois Standardbred Breeders | ||||||
10 | Fund.
| ||||||
11 | During the calendar year 1981, and each year thereafter, | ||||||
12 | except as provided
in subsection (g) of Section 27 of this Act, | ||||||
13 | eight and one-half
per cent of all the monies received by the | ||||||
14 | State as privilege taxes on
harness racing meetings shall be | ||||||
15 | paid into the Illinois Standardbred
Breeders Fund.
| ||||||
16 | (e) The Illinois Standardbred Breeders Fund shall be | ||||||
17 | administered by
the Department of Agriculture with the | ||||||
18 | assistance and advice of the
Advisory Board created in | ||||||
19 | subsection (f) of this Section.
| ||||||
20 | (f) The Illinois Standardbred Breeders Fund Advisory Board | ||||||
21 | is hereby
created. The Advisory Board shall consist of the | ||||||
22 | Director of the
Department of Agriculture, who shall serve as | ||||||
23 | Chairman; the
Superintendent of the Illinois State Fair; a | ||||||
24 | member of the Illinois
Racing Board, designated by it; a | ||||||
25 | representative of the Illinois
Standardbred Owners and | ||||||
26 | Breeders Association, recommended by it; a
representative of |
| |||||||
| |||||||
1 | the Illinois Association of Agricultural Fairs,
recommended by | ||||||
2 | it, such representative to be from a fair at which
Illinois | ||||||
3 | conceived and foaled racing is conducted; a representative of
| ||||||
4 | the organization licensees conducting harness racing
meetings, | ||||||
5 | recommended by them
and a representative of the Illinois | ||||||
6 | Harness Horsemen's Association,
recommended by it. Advisory | ||||||
7 | Board members shall serve for 2 years
commencing January 1, of | ||||||
8 | each odd numbered year. If representatives of
the Illinois | ||||||
9 | Standardbred Owners and Breeders Associations, the Illinois
| ||||||
10 | Association of Agricultural Fairs, the Illinois Harness | ||||||
11 | Horsemen's
Association, and the organization licensees | ||||||
12 | conducting
harness racing meetings
have not been recommended by | ||||||
13 | January 1, of each odd numbered year, the
Director of the | ||||||
14 | Department of Agriculture shall make an appointment for
the | ||||||
15 | organization failing to so recommend a member of the Advisory | ||||||
16 | Board.
Advisory Board members shall receive no compensation for | ||||||
17 | their services
as members but shall be reimbursed for all | ||||||
18 | actual and necessary expenses
and disbursements incurred in the | ||||||
19 | execution of their official duties.
| ||||||
20 | (g) No monies shall be expended from the Illinois | ||||||
21 | Standardbred
Breeders Fund except as appropriated by the | ||||||
22 | General Assembly pursuant to this Act, the Riverboat and Casino | ||||||
23 | Gambling Act, or both . Monies
appropriated from the Illinois | ||||||
24 | Standardbred Breeders Fund shall be
expended by the Department | ||||||
25 | of Agriculture, with the assistance and
advice of the Illinois | ||||||
26 | Standardbred Breeders Fund Advisory Board for the
following |
| |||||||
| |||||||
1 | purposes only:
| ||||||
2 | 1. To provide purses for races limited to Illinois | ||||||
3 | conceived and
foaled horses at the State Fair and the | ||||||
4 | DuQuoin State Fair .
| ||||||
5 | 2. To provide purses for races limited to Illinois | ||||||
6 | conceived and
foaled horses at county fairs.
| ||||||
7 | 3. To provide purse supplements for races limited to | ||||||
8 | Illinois
conceived and foaled horses conducted by | ||||||
9 | associations conducting harness
racing meetings.
| ||||||
10 | 4. No less than 75% of all monies in the Illinois | ||||||
11 | Standardbred
Breeders Fund shall be expended for purses in | ||||||
12 | 1, 2 and 3 as shown above.
| ||||||
13 | 5. In the discretion of the Department of Agriculture | ||||||
14 | to provide
awards to harness breeders of Illinois conceived | ||||||
15 | and foaled horses which
win races conducted by organization | ||||||
16 | licensees
conducting harness racing meetings.
A breeder is | ||||||
17 | the owner of a mare at the time of conception. No more
than | ||||||
18 | 10% of all monies appropriated from the Illinois
| ||||||
19 | Standardbred Breeders Fund shall
be expended for such | ||||||
20 | harness breeders awards. No more than 25% of the
amount | ||||||
21 | expended for harness breeders awards shall be expended for
| ||||||
22 | expenses incurred in the administration of such harness | ||||||
23 | breeders awards.
| ||||||
24 | 6. To pay for the improvement of racing facilities | ||||||
25 | located at the
State Fair and County fairs.
| ||||||
26 | 7. To pay the expenses incurred in the administration |
| |||||||
| |||||||
1 | of the
Illinois Standardbred Breeders Fund.
| ||||||
2 | 8. To promote the sport of harness racing , including | ||||||
3 | grants up to a
maximum of $7,500 per fair per year for the | ||||||
4 | cost of a totalizer system to be
used for conducting | ||||||
5 | pari-mutuel wagering during the advertised dates of a
| ||||||
6 | county fair .
| ||||||
7 | (h) Whenever the Governor finds that the amount in the | ||||||
8 | Illinois
Standardbred Breeders Fund is more than the total of | ||||||
9 | the outstanding
appropriations from such fund, the Governor | ||||||
10 | shall notify the State
Comptroller and the State Treasurer of | ||||||
11 | such fact. The Comptroller and
the State Treasurer, upon | ||||||
12 | receipt of such notification, shall transfer
such excess amount | ||||||
13 | from the Illinois Standardbred Breeders Fund to the
General | ||||||
14 | Revenue Fund.
| ||||||
15 | (i) A sum equal to 12 1/2% of the first prize money of the | ||||||
16 | gross
every purse
won by an Illinois conceived and foaled horse | ||||||
17 | shall be paid by the
organization licensee conducting the horse | ||||||
18 | race meeting to the breeder
of such winning horse from the | ||||||
19 | organization licensee's
account
share of
the money wagered . | ||||||
20 | Such payment shall not reduce any award to the owner of
the | ||||||
21 | horse or reduce the taxes payable under this Act. Such payment | ||||||
22 | shall be
delivered by the organization licensee at the end of | ||||||
23 | each month
race
meeting .
| ||||||
24 | (j) The Department of Agriculture shall, by rule, with the | ||||||
25 | assistance and
advice of the Illinois Standardbred Breeders | ||||||
26 | Fund Advisory Board:
|
| |||||||
| |||||||
1 | 1. Qualify stallions for Illinois Standardbred Breeders | ||||||
2 | Fund breeding; such
stallion shall be owned by a resident of | ||||||
3 | the State of Illinois or by an
Illinois corporation all of | ||||||
4 | whose shareholders, directors, officers and
incorporators are | ||||||
5 | residents of the State of Illinois. Such stallion shall
stand | ||||||
6 | for service at and within the State of Illinois at the time of | ||||||
7 | a foal's
conception, and such stallion must not stand for | ||||||
8 | service at any place , nor
may semen from such stallion be | ||||||
9 | transported, outside the State of Illinois
during that calendar | ||||||
10 | year in which the foal is conceived and that the owner of
the | ||||||
11 | stallion was for the 12 months prior, a resident of Illinois. | ||||||
12 | The articles
of agreement of any partnership, joint venture, | ||||||
13 | limited partnership, syndicate,
association or corporation and | ||||||
14 | any bylaws and stock
certificates must contain a restriction | ||||||
15 | that provides that the ownership or
transfer of interest by any | ||||||
16 | one of the persons a party to the agreement can
only be made to | ||||||
17 | a person who qualifies as an Illinois resident.
Foals conceived | ||||||
18 | outside the State of Illinois from shipped semen from a
| ||||||
19 | stallion qualified for breeders' awards under this Section are
| ||||||
20 | not eligible to participate in the Illinois conceived and | ||||||
21 | foaled program.
| ||||||
22 | 2. Provide for the registration of Illinois conceived and | ||||||
23 | foaled
horses and no such horse shall compete in the races | ||||||
24 | limited to Illinois
conceived and foaled horses unless | ||||||
25 | registered with the Department of
Agriculture. The Department | ||||||
26 | of Agriculture may prescribe such forms as
may be necessary to |
| |||||||
| |||||||
1 | determine the eligibility of such horses. No person
shall | ||||||
2 | knowingly prepare or cause preparation of an application for
| ||||||
3 | registration of such foals containing false information.
A mare | ||||||
4 | (dam) must be in the state at least 30 days prior to foaling or
| ||||||
5 | remain in the State at least 30 days at the time of foaling.
| ||||||
6 | Beginning with the 1996 breeding season and for foals of 1997 | ||||||
7 | and thereafter,
a foal conceived in the State of Illinois by | ||||||
8 | transported fresh semen may be
eligible for Illinois
conceived | ||||||
9 | and foaled registration provided all breeding and foaling
| ||||||
10 | requirements are met. The stallion must be qualified for | ||||||
11 | Illinois Standardbred
Breeders Fund breeding at the time of | ||||||
12 | conception and the mare must be
inseminated within the State of | ||||||
13 | Illinois. The foal must be dropped in Illinois
and properly | ||||||
14 | registered with the Department of Agriculture in accordance | ||||||
15 | with
this Act.
| ||||||
16 | 3. Provide that at least a 5 day racing program shall be | ||||||
17 | conducted
at the State Fair each year, which program shall | ||||||
18 | include at least the
following races limited to Illinois | ||||||
19 | conceived and foaled horses: (a) a
two year old Trot and Pace, | ||||||
20 | and Filly Division of each; (b) a three
year old Trot and Pace, | ||||||
21 | and Filly Division of each; (c) an aged Trot and Pace,
and Mare | ||||||
22 | Division of each.
| ||||||
23 | 4. Provide for the payment of nominating, sustaining and | ||||||
24 | starting
fees for races promoting the sport of harness racing | ||||||
25 | and for the races
to be conducted at the State Fair as provided | ||||||
26 | in
subsection (j) 3 of this Section provided that the |
| |||||||
| |||||||
1 | nominating,
sustaining and starting payment required from an | ||||||
2 | entrant shall not
exceed 2% of the purse of such race. All | ||||||
3 | nominating, sustaining and
starting payments shall be held for | ||||||
4 | the benefit of entrants and shall be
paid out as part of the | ||||||
5 | respective purses for such races.
Nominating, sustaining and | ||||||
6 | starting fees shall be held in trust accounts
for the purposes | ||||||
7 | as set forth in this Act and in accordance with Section
205-15 | ||||||
8 | of the Department of Agriculture Law (20 ILCS
205/205-15).
| ||||||
9 | 5. Provide for the registration with the Department of | ||||||
10 | Agriculture
of Colt Associations or county fairs desiring to | ||||||
11 | sponsor races at county
fairs.
| ||||||
12 | (k) The Department of Agriculture, with the advice and | ||||||
13 | assistance of the
Illinois
Standardbred Breeders Fund Advisory | ||||||
14 | Board, may allocate monies for purse
supplements for such | ||||||
15 | races. In determining whether to allocate money and
the amount, | ||||||
16 | the Department
of Agriculture shall consider factors, | ||||||
17 | including but not limited to, the
amount of money appropriated | ||||||
18 | for the Illinois Standardbred Breeders Fund
program, the number | ||||||
19 | of races that may occur, and an organizational
licensee's purse | ||||||
20 | structure. The organizational licensee shall notify the
| ||||||
21 | Department of Agriculture of the conditions and minimum purses | ||||||
22 | for races
limited to Illinois conceived and foaled horses to be | ||||||
23 | conducted by each
organizational licensee conducting a harness | ||||||
24 | racing meeting for which purse
supplements have been | ||||||
25 | negotiated.
| ||||||
26 | (l) All races held at county fairs and the State Fair which |
| |||||||
| |||||||
1 | receive funds
from the Illinois Standardbred Breeders Fund | ||||||
2 | shall be conducted in
accordance with the rules of the United | ||||||
3 | States Trotting Association unless
otherwise modified by the | ||||||
4 | Department of Agriculture.
| ||||||
5 | (m) At all standardbred race meetings held or conducted | ||||||
6 | under authority of a
license granted by the Board, and at all | ||||||
7 | standardbred races held at county
fairs which are approved by | ||||||
8 | the Department of Agriculture or at the
Illinois or DuQuoin | ||||||
9 | State Fairs, no one shall jog, train, warm up or drive
a | ||||||
10 | standardbred horse unless he or she is wearing a protective | ||||||
11 | safety helmet,
with the
chin strap fastened and in place, which | ||||||
12 | meets the standards and
requirements as set forth in the 1984 | ||||||
13 | Standard for Protective Headgear for
Use in Harness Racing and | ||||||
14 | Other Equestrian Sports published by the Snell
Memorial | ||||||
15 | Foundation, or any standards and requirements for headgear the
| ||||||
16 | Illinois Racing Board may approve. Any other standards and | ||||||
17 | requirements so
approved by the Board shall equal or exceed | ||||||
18 | those published by the Snell
Memorial Foundation. Any | ||||||
19 | equestrian helmet bearing the Snell label shall
be deemed to | ||||||
20 | have met those standards and requirements.
| ||||||
21 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
22 | (230 ILCS 5/31.2 new)
| ||||||
23 | Sec. 31.2. Racing Industry Workers' Fund; advisory board. | ||||||
24 | (a) The General Assembly finds that backstretch workers | ||||||
25 | play a critical role in the success and prosperity of the |
| |||||||
| |||||||
1 | racing industry. The General Assembly finds that there is a | ||||||
2 | need to improve the quality and viability of live racing in | ||||||
3 | Illinois by providing new resources to increase purse sizes and | ||||||
4 | to improve race track facilities. The General Assembly finds | ||||||
5 | that there is a concomitant responsibility and duty to address | ||||||
6 | the human service and housing needs of backstretch workers. | ||||||
7 | (b) There is hereby created in the State treasury a special | ||||||
8 | fund to be known as the Racing Industry Workers' Fund. The Fund | ||||||
9 | shall consist of moneys paid into it under subsection (b) of | ||||||
10 | Section 54.5 of the Illinois Horse Racing Act of 1975.
| ||||||
11 | (c) The Illinois Racing Board is authorized to use funds in | ||||||
12 | the Racing Industry Workers' Fund to fund programs and | ||||||
13 | initiatives that improve the quality of life of backstretch | ||||||
14 | workers. Initiatives funded by the Illinois Racing Board shall | ||||||
15 | address needs such as illiteracy, substance dependence, | ||||||
16 | primary health care, child care, housing, and any other social | ||||||
17 | service need determined by the Illinois Racing Board. | ||||||
18 | (d) On December 31st of each year the Board shall report to | ||||||
19 | the General Assembly and the Governor on the programs funded by | ||||||
20 | the Board during the preceding fiscal year, the number of | ||||||
21 | persons served, and the working and living conditions of | ||||||
22 | backstretch workers. | ||||||
23 | (e) The Board shall appoint a Backstretch Programs Advisory | ||||||
24 | Board, who shall report to and advise the Board on matters | ||||||
25 | concerning backstretch conditions and needs. The Backstretch | ||||||
26 | Programs Advisory Board shall consist of the following 7 |
| |||||||
| |||||||
1 | members:
| ||||||
2 | (1) 2 persons who represent the interests of an | ||||||
3 | organization licensee; | ||||||
4 | (2) one person who represents the interests of | ||||||
5 | standardbred horsemen; | ||||||
6 | (3) one person who represents the interests of | ||||||
7 | thoroughbred horsemen; | ||||||
8 | (4) one person who is or was a backstretch worker; | ||||||
9 | (5) one person who advocates on behalf of backstretch | ||||||
10 | workers; and | ||||||
11 | (6) one person who has significant experience in | ||||||
12 | administering social services. | ||||||
13 | (f) The Board shall hire, in its sole discretion, a | ||||||
14 | backstretch workers' Program Coordinator who shall serve under | ||||||
15 | the direction of the Board to supervise and coordinate the | ||||||
16 | programs funded by the Racing Industry Workers' Fund. The | ||||||
17 | Program Coordinator shall be paid from the Racing Industry | ||||||
18 | Workers' Fund.
| ||||||
19 | (230 ILCS 5/36) (from Ch. 8, par. 37-36)
| ||||||
20 | Sec. 36. (a) Whoever administers or conspires to administer | ||||||
21 | to
any horse a hypnotic, narcotic, stimulant, depressant or any | ||||||
22 | chemical
substance which may affect the speed of a horse at any | ||||||
23 | time,
except those chemical substances permitted by ruling of | ||||||
24 | the Board,
internally, externally or by hypodermic method in a | ||||||
25 | race or
prior thereto, or whoever knowingly enters a horse in |
| |||||||
| |||||||
1 | any
race within a period of 24 hours after any hypnotic, | ||||||
2 | narcotic, stimulant,
depressant or any other chemical | ||||||
3 | substance which may affect the speed
of a horse at any time, | ||||||
4 | except those chemical substances permitted
by ruling of the | ||||||
5 | Board, has been administered to such horse either
internally or | ||||||
6 | externally or by hypodermic method for the purpose of
| ||||||
7 | increasing or retarding the speed of such horse shall be guilty | ||||||
8 | of
a Class 4 felony. The Board shall suspend or
revoke such | ||||||
9 | violator's license.
| ||||||
10 | (b) The term "hypnotic" as used in this Section includes | ||||||
11 | all barbituric
acid preparations and derivatives.
| ||||||
12 | (c) The term "narcotic" as used in this Section includes | ||||||
13 | opium and
all its alkaloids, salts, preparations and | ||||||
14 | derivatives, cocaine
and all its salts, preparations and | ||||||
15 | derivatives and substitutes.
| ||||||
16 | (d) The provisions of this Section 36 and the treatment | ||||||
17 | authorized herein
apply to horses entered in and competing in | ||||||
18 | race meetings as defined in
Section 3.47 of this Act and to | ||||||
19 | horses entered in and competing at any county
fair.
| ||||||
20 | (e) Drug testing for horses entered in and competing at any | ||||||
21 | county fair shall be conducted by the Department of | ||||||
22 | Agriculture, with the advice and assistance of the Board. The | ||||||
23 | Department of Agriculture, with the assistance of the Board, | ||||||
24 | shall adopt rules for drug testing, for horses entered in and | ||||||
25 | competing at any county fair.
| ||||||
26 | (Source: P.A. 79-1185.)
|
| |||||||
| |||||||
1 | (230 ILCS 5/54.5) | ||||||
2 | (Section scheduled to be repealed on May 26, 2008)
| ||||||
3 | Sec. 54.5. Horse Racing Equity Trust Fund. | ||||||
4 | (a) There is created a Fund to be known as the Horse
Racing
| ||||||
5 | Equity Trust Fund, which is a non-appropriated trust fund held | ||||||
6 | separate and apart from State moneys. The Fund shall consist of | ||||||
7 | moneys paid into it by owners licensees under
the Riverboat | ||||||
8 | Gambling Act for the purposes described in this Section. The | ||||||
9 | Fund shall
be administered
by the Board. Moneys in the Fund | ||||||
10 | shall be distributed as directed and certified by the Board in | ||||||
11 | accordance with the provisions of subsection (b).
| ||||||
12 | (b) An amount equal to $1,000,000 shall be distributed | ||||||
13 | annually from the Horse Racing Equity Trust Fund to the Racing | ||||||
14 | Industry Workers' Fund. The remaining moneys deposited into the | ||||||
15 | Fund, plus any accrued interest on those moneys, shall be | ||||||
16 | distributed
within 10 days after those moneys are deposited | ||||||
17 | into the Fund as follows:
| ||||||
18 | (1) Sixty percent of all moneys distributed under this | ||||||
19 | subsection shall be
distributed to organization licensees | ||||||
20 | to be distributed at their race
meetings as purses. | ||||||
21 | (A) Fifteen percent of the moneys distributed | ||||||
22 | under this paragraph (1) shall be distributed to any | ||||||
23 | person (or its successors or assigns) who had operating | ||||||
24 | control of a racetrack that conducted live racing in | ||||||
25 | 2002 at a racetrack in a
county with at least 230,000 |
| |||||||
| |||||||
1 | inhabitants that borders the Mississippi River and is a | ||||||
2 | licensee in the current year to be distributed at their | ||||||
3 | race meetings as purses.
| ||||||
4 | (B) The remaining 85% of the moneys distributed | ||||||
5 | under this paragraph (1) shall be distributed as | ||||||
6 | follows:
| ||||||
7 | (i) fifty-seven
Fifty-seven percent of the | ||||||
8 | amount distributed under this
paragraph (1) shall | ||||||
9 | be distributed to licensees who are not eligible to | ||||||
10 | receive moneys under subparagraph (A) of this | ||||||
11 | paragraph (1) for thoroughbred race meetings ; and
| ||||||
12 | (ii) forty-three percent
43% shall be | ||||||
13 | distributed to licensees who are not eligible to | ||||||
14 | receive moneys under subparagraph (A) of this | ||||||
15 | paragraph (1) for standardbred race meetings. | ||||||
16 | Within each
breed, moneys shall be allocated to each | ||||||
17 | organization licensee's purse
fund in accordance with | ||||||
18 | the ratio between the purses generated for that
breed | ||||||
19 | by that licensee during the prior calendar year and the | ||||||
20 | total purses
generated throughout the State for that | ||||||
21 | breed during the prior calendar
year by licensees in | ||||||
22 | the current calendar year.
| ||||||
23 | (2) The remaining 40% of the moneys distributed under | ||||||
24 | this
subsection (b) shall be distributed as follows:
| ||||||
25 | (A) fifteen percent
11% shall be distributed to any | ||||||
26 | person (or its successors or assigns) who had operating |
| |||||||
| |||||||
1 | control of a racetrack that conducted live racing in | ||||||
2 | 2002 at a racetrack in a
county with at least 230,000 | ||||||
3 | inhabitants that borders the Mississippi River and is a | ||||||
4 | licensee in the current year; and
| ||||||
5 | (B) the remaining 85%
89% shall be distributed pro | ||||||
6 | rata
according to the aggregate
proportion of total | ||||||
7 | handle from wagering on live races conducted in | ||||||
8 | Illinois (irrespective of where the wagers are placed) | ||||||
9 | for calendar years 2004 and 2005
to any person (or its
| ||||||
10 | successors or assigns) who (i) had
majority operating | ||||||
11 | control of a racing facility at which live racing was | ||||||
12 | conducted in
calendar year 2002, (ii) is a licensee in | ||||||
13 | the current
year, and (iii) is not eligible to receive | ||||||
14 | moneys under subparagraph (A) of this paragraph (2).
| ||||||
15 | The moneys received by an organization licensee | ||||||
16 | under this paragraph (2) shall be used by each | ||||||
17 | organization licensee to improve, maintain, market, | ||||||
18 | and otherwise operate its racing facilities to conduct | ||||||
19 | live racing, which shall include backstretch services | ||||||
20 | and capital improvements related to live racing and the | ||||||
21 | backstretch. Any organization licensees sharing common | ||||||
22 | ownership may pool the moneys received and spent at all | ||||||
23 | racing facilities commonly owned in order to meet these | ||||||
24 | requirements.
| ||||||
25 | If any person identified in this paragraph (2) becomes
| ||||||
26 | ineligible to receive moneys from the Fund, such amount |
| |||||||
| |||||||
1 | shall be redistributed
among the remaining persons in | ||||||
2 | proportion to their percentages otherwise
calculated.
| ||||||
3 | (c) The Board shall monitor organization licensees to | ||||||
4 | ensure that moneys paid to organization licensees under this | ||||||
5 | Section are distributed by the organization licensees as | ||||||
6 | provided in subsection (b).
| ||||||
7 | (d) This Section is repealed 2 years after the effective | ||||||
8 | date of this amendatory Act of the 94th General Assembly.
| ||||||
9 | (Source: P.A. 94-804, eff. 5-26-06.) | ||||||
10 | Section 945. The Riverboat Gambling Act is amended by | ||||||
11 | changing Sections 1, 2, 3, 4,
5, 6, 7.1, 7.3, 7.4, 8, 9, 10, 11, | ||||||
12 | 11.1, 12, 13, 14, 18, and 20, by reenacting and changing | ||||||
13 | Sections 7 and 23, and by adding Sections 5.2, 7.15, and 13.2 | ||||||
14 | as follows:
| ||||||
15 | (230 ILCS 10/1) (from Ch. 120, par. 2401)
| ||||||
16 | Sec. 1. Short title. This Act shall be known and may be | ||||||
17 | cited as the
Riverboat and Casino Gambling Act.
| ||||||
18 | (Source: P.A. 86-1029.)
| ||||||
19 | (230 ILCS 10/2) (from Ch. 120, par. 2402)
| ||||||
20 | Sec. 2. Legislative Intent.
| ||||||
21 | (a) This Act is intended to benefit the
people of the State | ||||||
22 | of Illinois
by assisting economic development and promoting | ||||||
23 | Illinois tourism
and by increasing the amount of revenues |
| |||||||
| |||||||
1 | available to the State to assist and
support education.
| ||||||
2 | (b) While authorization of riverboat and casino gambling | ||||||
3 | will enhance investment,
development and tourism in Illinois, | ||||||
4 | it is recognized that it will do so
successfully only if public | ||||||
5 | confidence and trust in the credibility and
integrity of the | ||||||
6 | gambling operations and the regulatory process is
maintained. | ||||||
7 | Therefore, regulatory provisions of this Act are designed to
| ||||||
8 | strictly regulate the facilities, persons, associations and | ||||||
9 | practices
related to gambling operations pursuant to the police | ||||||
10 | powers of the State,
including comprehensive law enforcement | ||||||
11 | supervision.
| ||||||
12 | (c) The Illinois Gaming Board established under this Act | ||||||
13 | should, as soon
as possible, inform each applicant for an | ||||||
14 | owners license of the Board's
intent to grant or deny a | ||||||
15 | license.
| ||||||
16 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
17 | (230 ILCS 10/3)
(from Ch. 120, par. 2403)
| ||||||
18 | Sec. 3. Riverboat Gambling Authorized.
| ||||||
19 | (a) Riverboat and casino gambling
operations
and the system | ||||||
20 | of wagering
incorporated therein , as defined in this Act, are | ||||||
21 | hereby authorized to the
extent that they are carried out in | ||||||
22 | accordance with the provisions of this
Act.
| ||||||
23 | (b) This Act does not apply to the pari-mutuel system of | ||||||
24 | wagering used
or intended to be used in connection with the | ||||||
25 | horse-race meetings as
authorized under the Illinois Horse |
| |||||||
| |||||||
1 | Racing Act of 1975, lottery games
authorized under the Illinois | ||||||
2 | Lottery Law, bingo authorized under the Bingo
License and Tax | ||||||
3 | Act, charitable games authorized under the Charitable Games
Act | ||||||
4 | or pull tabs and jar games conducted under the Illinois Pull | ||||||
5 | Tabs and Jar
Games Act.
| ||||||
6 | (c) Riverboat gambling conducted pursuant to this Act may | ||||||
7 | be authorized
upon any water within the State of Illinois or | ||||||
8 | any
water other than Lake Michigan which constitutes a boundary | ||||||
9 | of the State
of Illinois.
A licensee may conduct riverboat | ||||||
10 | gambling authorized under this Act
regardless of whether it | ||||||
11 | conducts excursion cruises. A licensee may permit
the | ||||||
12 | continuous ingress and egress of passengers for the purpose of
| ||||||
13 | gambling.
| ||||||
14 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
15 | (230 ILCS 10/4) (from Ch. 120, par. 2404)
| ||||||
16 | Sec. 4. Definitions. As used in this Act:
| ||||||
17 | "Authority" means the Chicago Casino Development Authority | ||||||
18 | created under the Chicago Casino Development Authority Act.
| ||||||
19 | (a) "Board" means the Illinois Gaming Board.
| ||||||
20 | "Casino" means a land-based facility located within a | ||||||
21 | municipality with a population of more than 500,000 inhabitants | ||||||
22 | at which lawful gambling is authorized and licensed as provided | ||||||
23 | in this Act. "Casino" includes any temporary land-based or | ||||||
24 | river-based facility at which lawful gambling is authorized and | ||||||
25 | licensed as provided in this Act. "Casino" does not include any |
| |||||||
| |||||||
1 | ancillary facilities such as hotels, restaurants, retail | ||||||
2 | facilities, conference rooms, parking areas, entertainment | ||||||
3 | venues, or other facilities at which gambling operations are | ||||||
4 | not conducted.
| ||||||
5 | "Casino operator" means any person or entity that manages | ||||||
6 | casino gambling operations conducted by the Authority under | ||||||
7 | subsection (e-6) of Section 7. | ||||||
8 | "Casino operators license" means a license issued by the | ||||||
9 | Board to a person or entity to manage casino gambling | ||||||
10 | operations conducted by the Authority pursuant to subsection | ||||||
11 | (e-6) of Section 7.
| ||||||
12 | (b) "Occupational license" means a license issued by the | ||||||
13 | Board to a
person or entity to perform an occupation which the | ||||||
14 | Board has identified as
requiring a license to engage in | ||||||
15 | riverboat or casino gambling in Illinois.
| ||||||
16 | (c) "Gambling game" includes, but is not limited to, | ||||||
17 | baccarat,
twenty-one, poker, craps, slot machine, video game of | ||||||
18 | chance, roulette
wheel, klondike table, punchboard, faro | ||||||
19 | layout, keno layout, numbers
ticket, push card, jar ticket, or | ||||||
20 | pull tab which is authorized by the Board
as a wagering device | ||||||
21 | under this Act.
| ||||||
22 | (d) "Riverboat" means a self-propelled excursion boat, a
| ||||||
23 | permanently moored barge, or permanently moored barges that are | ||||||
24 | permanently
fixed together to operate as one vessel, on which | ||||||
25 | lawful gambling is
authorized and licensed as
provided in this | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (e) "Managers license" means a license issued by the Board | ||||||
2 | to a person or
entity
to manage gambling operations conducted | ||||||
3 | by the State pursuant to Section 7.3
7.2 .
| ||||||
4 | (f) "Dock" means the location where a riverboat moors for | ||||||
5 | the purpose of
embarking passengers for and disembarking | ||||||
6 | passengers from the riverboat.
| ||||||
7 | (g) " Whole gaming
Gross receipts" means the total amount of | ||||||
8 | money exchanged for the
purchase of chips, tokens or electronic | ||||||
9 | cards by riverboat or casino patrons.
| ||||||
10 | (h) " Gross gaming
Adjusted gross receipts" means the whole | ||||||
11 | gaming
gross receipts less
winnings paid to wagerers.
| ||||||
12 | (i) "Cheat" means to alter the selection of criteria which | ||||||
13 | determine the
result of a gambling game or the amount or | ||||||
14 | frequency of payment in a gambling
game.
| ||||||
15 | (j) "Department" means the Department of Revenue.
| ||||||
16 | (k) "Gambling operation" means the conduct of authorized
| ||||||
17 | gambling games
authorized under this Act upon a riverboat or in | ||||||
18 | a casino .
| ||||||
19 | (l) "License bid" means the lump sum amount of money that | ||||||
20 | an applicant
bids and agrees to pay the State , or which is paid | ||||||
21 | by the Authority, in return for an owners license that is
| ||||||
22 | re-issued on or after July 1, 2003.
| ||||||
23 | (m) The terms "minority person" and "female" shall have the | ||||||
24 | same meaning
as
defined in
Section 2 of the Business Enterprise | ||||||
25 | for Minorities, Females, and Persons with
Disabilities Act.
| ||||||
26 | "Owners license" means a license to conduct riverboat |
| |||||||
| |||||||
1 | gambling operations or casino gambling operations. | ||||||
2 | "Licensed owner" means a person who holds an owners | ||||||
3 | license. | ||||||
4 | (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; | ||||||
5 | revised 1-28-04.)
| ||||||
6 | (230 ILCS 10/5)
(from Ch. 120, par. 2405)
| ||||||
7 | Sec. 5. Gaming Board.
| ||||||
8 | (a) (1) There is hereby established within the Department | ||||||
9 | of Revenue an
Illinois Gaming Board which shall have the powers | ||||||
10 | and duties specified in
this Act, and all other powers | ||||||
11 | necessary and proper to fully and
effectively execute this Act | ||||||
12 | for the purpose of administering, regulating,
and enforcing the | ||||||
13 | system of riverboat and casino gambling established by this | ||||||
14 | Act. Its
jurisdiction shall extend under this Act to every | ||||||
15 | person, association,
corporation, partnership and trust | ||||||
16 | involved in riverboat and casino gambling
operations in the | ||||||
17 | State of Illinois.
| ||||||
18 | (2) The Board shall consist of 5 members to be appointed by | ||||||
19 | the Governor
with the advice and consent of the Senate, one of | ||||||
20 | whom shall be designated
by the Governor to be chairperson
| ||||||
21 | chairman . Each member shall have a reasonable
knowledge of the | ||||||
22 | practice, procedure and principles of gambling operations.
| ||||||
23 | Each member shall either be a resident of Illinois or shall | ||||||
24 | certify that he or she
will become a resident of Illinois | ||||||
25 | before taking office. At least one member
shall be experienced |
| |||||||
| |||||||
1 | in law enforcement and criminal investigation, at
least one | ||||||
2 | member shall be a certified public accountant experienced in
| ||||||
3 | accounting and auditing, and at least one member shall be a | ||||||
4 | lawyer licensed
to practice law in Illinois.
| ||||||
5 | (3) The terms of office of the Board members shall be 3 | ||||||
6 | years, except
that the terms of office of the initial Board | ||||||
7 | members appointed pursuant to
this Act will commence from the | ||||||
8 | effective date of this Act and run as
follows: one for a term | ||||||
9 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
10 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
11 | foregoing terms, the successors of such members shall serve a | ||||||
12 | term for 3
years and until their successors are appointed and | ||||||
13 | qualified for like terms.
Vacancies in the Board shall be | ||||||
14 | filled for the unexpired term in like
manner as original | ||||||
15 | appointments. Each member of the Board shall be
eligible for | ||||||
16 | reappointment at the discretion of the Governor with the
advice | ||||||
17 | and consent of the Senate.
| ||||||
18 | (4) Each member of the Board shall receive $300 for each | ||||||
19 | day the
Board meets and for each day the member conducts any | ||||||
20 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
21 | also be reimbursed for all actual
and necessary expenses and | ||||||
22 | disbursements incurred in the execution of official
duties.
| ||||||
23 | (5) No person shall be appointed a member of the Board or | ||||||
24 | continue to be
a member of the Board who is, or whose spouse, | ||||||
25 | child or parent is, a member
of the board of directors of, or a | ||||||
26 | person financially interested in, any
gambling operation or any |
| |||||||
| |||||||
1 | business entity in any way involved in any gambling operation
| ||||||
2 | subject to the jurisdiction of this Board, or any race
track, | ||||||
3 | race meeting, racing association or the operations thereof | ||||||
4 | subject
to the jurisdiction of the Illinois Racing Board. No | ||||||
5 | Board member shall
hold any other public office for which he | ||||||
6 | shall receive compensation other
than necessary travel or other | ||||||
7 | incidental expenses . No person shall be a
member of the Board | ||||||
8 | who is not of good moral character or who has been
convicted | ||||||
9 | of, or is under indictment for, a felony under the laws of
| ||||||
10 | Illinois or any other state, or the United States.
| ||||||
11 | (5.5) No member of the Board shall engage in any political | ||||||
12 | activity. For the purposes of this Section, "political" means | ||||||
13 | any activity in support
of or in connection with any campaign | ||||||
14 | for federal, State, or local elective office or any political
| ||||||
15 | organization, but does not include activities (i) relating to | ||||||
16 | the support or
opposition of any executive, legislative, or | ||||||
17 | administrative action (as those
terms are defined in Section 2 | ||||||
18 | of the Lobbyist Registration Act), (ii) relating
to collective | ||||||
19 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
20 | person's official
State duties or governmental and public | ||||||
21 | service functions.
| ||||||
22 | (6) Any member of the Board may be removed by the Governor | ||||||
23 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
24 | in office or for engaging in any political activity .
| ||||||
25 | (7) Before entering upon the discharge of the duties of his | ||||||
26 | office, each
member of the Board shall take an oath that he |
| |||||||
| |||||||
1 | will faithfully execute the
duties of his office according to | ||||||
2 | the laws of the State and the rules and
regulations adopted | ||||||
3 | therewith and shall give bond to the State of Illinois,
| ||||||
4 | approved by the Governor, in the sum of $25,000. Every such | ||||||
5 | bond, when
duly executed and approved, shall be recorded in the | ||||||
6 | office of the
Secretary of State. Whenever the Governor | ||||||
7 | determines that the bond of any
member of the Board has become | ||||||
8 | or is likely to become invalid or
insufficient, he shall | ||||||
9 | require such member forthwith to renew his bond,
which is to be | ||||||
10 | approved by the Governor. Any member of the Board who fails
to | ||||||
11 | take oath and give bond within 30 days from the date of his | ||||||
12 | appointment,
or who fails to renew his bond within 30 days | ||||||
13 | after it is demanded by the
Governor, shall be guilty of | ||||||
14 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
15 | any bond given by any member of the Board under this
Section | ||||||
16 | shall be taken to be a part of the necessary expenses of the | ||||||
17 | Board.
| ||||||
18 | (8) Upon the request of the Board, the Department shall | ||||||
19 | employ such
personnel as may be necessary to carry out the | ||||||
20 | functions of the Board. No
person shall be employed to serve | ||||||
21 | the Board who is, or whose spouse, parent
or child is, an | ||||||
22 | official of, or has a financial interest in or financial
| ||||||
23 | relation with, any operator engaged in gambling operations | ||||||
24 | within this
State or any organization engaged in conducting | ||||||
25 | horse racing within this
State. Any employee violating these | ||||||
26 | prohibitions shall be subject to
termination of employment.
|
| |||||||
| |||||||
1 | (9) An Administrator shall perform any and all duties that | ||||||
2 | the Board
shall assign him. The salary of the Administrator | ||||||
3 | shall be determined by
the Board and approved by the Director | ||||||
4 | of the Department and, in addition,
he shall be reimbursed for | ||||||
5 | all actual and necessary expenses incurred by
him in discharge | ||||||
6 | of his official duties. The Administrator shall keep
records of | ||||||
7 | all proceedings of the Board and shall preserve all records,
| ||||||
8 | books, documents and other papers belonging to the Board or | ||||||
9 | entrusted to
its care. The Administrator shall devote his full | ||||||
10 | time to the duties of
the office and shall not hold any other | ||||||
11 | office or employment.
| ||||||
12 | (b) The Board shall have general responsibility for the | ||||||
13 | implementation
of this Act. Its duties include, without | ||||||
14 | limitation, the following:
| ||||||
15 | (1) To decide promptly and in reasonable order all | ||||||
16 | license applications.
Any party aggrieved by an action of | ||||||
17 | the Board denying, suspending,
revoking, restricting or | ||||||
18 | refusing to renew a license may request a hearing
before | ||||||
19 | the Board. A request for a hearing must be made to the | ||||||
20 | Board in
writing within 5 days after service of notice of | ||||||
21 | the action of the Board.
Notice of the action of the Board | ||||||
22 | shall be served either by personal
delivery or by certified | ||||||
23 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
24 | served by certified mail shall be deemed complete on the | ||||||
25 | business
day following the date of such mailing. The Board | ||||||
26 | shall conduct all
requested hearings promptly and in |
| |||||||
| |||||||
1 | reasonable order;
| ||||||
2 | (2) To conduct all hearings pertaining to civil | ||||||
3 | violations of this Act
or rules and regulations promulgated | ||||||
4 | hereunder;
| ||||||
5 | (3) To promulgate such rules and regulations as in its | ||||||
6 | judgment may be
necessary to protect or enhance the | ||||||
7 | credibility and integrity of gambling
operations | ||||||
8 | authorized by this Act and the regulatory process | ||||||
9 | hereunder;
| ||||||
10 | (4) To provide for the establishment and collection of | ||||||
11 | all license and
registration fees and taxes imposed by this | ||||||
12 | Act and the rules and
regulations issued pursuant hereto. | ||||||
13 | All such fees and taxes shall be
deposited into the State | ||||||
14 | Gaming Fund;
| ||||||
15 | (5) To provide for the levy and collection of penalties | ||||||
16 | and fines for the
violation of provisions of this Act and | ||||||
17 | the rules and regulations
promulgated hereunder. All such | ||||||
18 | fines and penalties shall be deposited
into the Education | ||||||
19 | Assistance Fund, created by Public Act 86-0018, of the
| ||||||
20 | State of Illinois;
| ||||||
21 | (6) To be present through its inspectors and agents any | ||||||
22 | time gambling
operations are conducted on any riverboat or | ||||||
23 | in any casino
for the purpose of certifying the
revenue | ||||||
24 | thereof, receiving complaints from the public, and | ||||||
25 | conducting such
other investigations into the conduct of | ||||||
26 | the gambling games and the
maintenance of the equipment as |
| |||||||
| |||||||
1 | from time to time the Board may deem
necessary and proper;
| ||||||
2 | (7) To review and rule upon any complaint by a licensee
| ||||||
3 | regarding any investigative procedures of the State which | ||||||
4 | are unnecessarily
disruptive of gambling operations. The | ||||||
5 | need to inspect and investigate
shall be presumed at all | ||||||
6 | times. The disruption of a licensee's operations
shall be | ||||||
7 | proved by clear and convincing evidence, and establish | ||||||
8 | that: (A)
the procedures had no reasonable law enforcement | ||||||
9 | purposes, and (B) the
procedures were so disruptive as to | ||||||
10 | unreasonably inhibit gambling operations;
| ||||||
11 | (8) To hold at least one meeting each quarter of the | ||||||
12 | fiscal
year. In addition, special meetings may be called by | ||||||
13 | the chairperson
Chairman or any 2
Board members upon 72 | ||||||
14 | hours written notice to each member. All Board
meetings | ||||||
15 | shall be subject to the Open Meetings Act. Three members of | ||||||
16 | the
Board shall constitute a quorum, and 3 votes shall be | ||||||
17 | required for any
final determination by the Board. The | ||||||
18 | Board shall keep a complete and
accurate record of all its | ||||||
19 | meetings. A majority of the members of the Board
shall | ||||||
20 | constitute a quorum for the transaction of any business, | ||||||
21 | for the
performance of any duty, or for the exercise of any | ||||||
22 | power which this Act
requires the Board members to | ||||||
23 | transact, perform or exercise en banc, except
that, upon | ||||||
24 | order of the Board, one of the Board members or an
| ||||||
25 | administrative law judge designated by the Board may | ||||||
26 | conduct any hearing
provided for under this Act or by Board |
| |||||||
| |||||||
1 | rule and may recommend findings and
decisions to the Board. | ||||||
2 | The Board member or administrative law judge
conducting | ||||||
3 | such hearing shall have all powers and rights granted to | ||||||
4 | the
Board in this Act. The record made at the time of the | ||||||
5 | hearing shall be
reviewed by the Board, or a majority | ||||||
6 | thereof, and the findings and decision
of the majority of | ||||||
7 | the Board shall constitute the order of the Board in
such | ||||||
8 | case;
| ||||||
9 | (9) To maintain records which are separate and distinct | ||||||
10 | from the records
of any other State board or commission. | ||||||
11 | Such records shall be available
for public inspection and | ||||||
12 | shall accurately reflect all Board proceedings;
| ||||||
13 | (10) To file a written annual report with the Governor | ||||||
14 | on or before
March 1 each year and such additional reports | ||||||
15 | as the Governor may request.
The annual report shall | ||||||
16 | include a statement of receipts and disbursements
by the | ||||||
17 | Board, actions taken by the Board, and any additional | ||||||
18 | information
and recommendations which the Board may deem | ||||||
19 | valuable or which the Governor
may request;
| ||||||
20 | (11) (Blank); and
| ||||||
21 | (12) To assume responsibility for the administration | ||||||
22 | and
enforcement of the Bingo License and Tax Act, the | ||||||
23 | Charitable Games Act, and
the Pull Tabs and Jar Games Act | ||||||
24 | if such responsibility is delegated to it
by the Director | ||||||
25 | of Revenue ; and .
| ||||||
26 | (13) To adopt, by rule, a code of conduct governing |
| |||||||
| |||||||
1 | Board members and employees that ensure, to the maximum | ||||||
2 | extent possible, that persons subject to this Code avoid | ||||||
3 | situations, relationships, or associations that may | ||||||
4 | represent or lead to a conflict of interest.
| ||||||
5 | (c) The Board shall have jurisdiction over and shall | ||||||
6 | supervise all
gambling operations governed by this Act. The | ||||||
7 | Board shall have all powers
necessary and proper to fully and | ||||||
8 | effectively execute the provisions of
this Act, including, but | ||||||
9 | not limited to, the following:
| ||||||
10 | (1) To investigate applicants and determine the | ||||||
11 | eligibility of
applicants for licenses and to select among | ||||||
12 | competing applicants the
applicants which best serve the | ||||||
13 | interests of the citizens of Illinois.
| ||||||
14 | (2) To have jurisdiction and supervision over all | ||||||
15 | riverboat gambling
operations authorized under this Act
in | ||||||
16 | this State and all persons in
places
on riverboats where | ||||||
17 | gambling
operations are conducted.
| ||||||
18 | (3) To promulgate rules and regulations for the purpose | ||||||
19 | of administering
the provisions of this Act and to | ||||||
20 | prescribe rules, regulations and
conditions under which | ||||||
21 | all riverboat gambling operations subject to this
Act
in | ||||||
22 | the State shall be
conducted. Such rules and regulations | ||||||
23 | are to provide for the prevention of
practices detrimental | ||||||
24 | to the public interest and for the best interests of
| ||||||
25 | riverboat gambling, including rules and regulations | ||||||
26 | regarding the
inspection of
such riverboats and casinos and |
| |||||||
| |||||||
1 | the
review of any permits or licenses
necessary to operate | ||||||
2 | a riverboat or casino under any laws or regulations | ||||||
3 | applicable
to riverboats or casinos , and to impose | ||||||
4 | penalties for violations thereof.
| ||||||
5 | (4) To enter the office, riverboats, casinos, and
other
| ||||||
6 | facilities , or other
places of business of an owners
a
| ||||||
7 | licensee, where evidence of the compliance or
| ||||||
8 | noncompliance with the provisions of this Act is likely to | ||||||
9 | be found.
| ||||||
10 | (5) To investigate alleged violations of this Act or | ||||||
11 | the
rules of the Board and to take appropriate disciplinary
| ||||||
12 | action against a licensee or a holder of an occupational | ||||||
13 | license for a
violation, or institute appropriate legal | ||||||
14 | action for enforcement, or both.
| ||||||
15 | (6) To adopt standards for the licensing of all persons | ||||||
16 | under this Act,
as well as for electronic or mechanical | ||||||
17 | gambling games, and to establish
fees for such licenses.
| ||||||
18 | (7) To adopt appropriate standards for all
riverboats , | ||||||
19 | casinos,
and other facilities authorized under this Act .
| ||||||
20 | (8) To require that the records, including financial or | ||||||
21 | other statements
of any licensee under this Act, shall be | ||||||
22 | kept in such manner as prescribed
by the Board and that any | ||||||
23 | such licensee involved in the ownership or
management of | ||||||
24 | gambling operations submit to the Board an annual balance
| ||||||
25 | sheet and profit and loss statement, list of the | ||||||
26 | stockholders or other
persons having a 1% or greater |
| |||||||
| |||||||
1 | beneficial interest in the gambling
activities of each | ||||||
2 | licensee, and any other information the Board deems
| ||||||
3 | necessary in order to effectively administer this Act and | ||||||
4 | all rules,
regulations, orders and final decisions | ||||||
5 | promulgated under this Act.
| ||||||
6 | (9) To conduct hearings, issue subpoenas for the | ||||||
7 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
8 | production of books, records
and other pertinent documents | ||||||
9 | in accordance with the Illinois
Administrative Procedure | ||||||
10 | Act, and to administer oaths and affirmations to
the | ||||||
11 | witnesses, when, in the judgment of the Board, it is | ||||||
12 | necessary to
administer or enforce this Act or the Board | ||||||
13 | rules.
| ||||||
14 | (10) To prescribe a form to be used by any licensee | ||||||
15 | involved in the
ownership or management of gambling | ||||||
16 | operations as an
application for employment for their | ||||||
17 | employees.
| ||||||
18 | (11) To revoke or suspend licenses, other than the | ||||||
19 | license issued to the Authority, as the Board may see fit | ||||||
20 | and in
compliance with applicable laws of the State | ||||||
21 | regarding administrative
procedures, and to review | ||||||
22 | applications for the renewal of licenses. The
Board may | ||||||
23 | suspend an owners license (other than the license issued to | ||||||
24 | the Authority) , without
notice or hearing , upon a
| ||||||
25 | determination that the safety or health of patrons or | ||||||
26 | employees is
jeopardized by continuing a gambling |
| |||||||
| |||||||
1 | operation conducted under that license
a riverboat's | ||||||
2 | operation . The suspension may
remain in effect until the | ||||||
3 | Board determines that the cause for suspension
has been | ||||||
4 | abated. The Board may revoke the owners license (other than | ||||||
5 | the license issued to the Authority) upon a
determination | ||||||
6 | that the licensee
owner has not made satisfactory
progress | ||||||
7 | toward
abating the hazard.
| ||||||
8 | (12) To eject or exclude or authorize the ejection or | ||||||
9 | exclusion of, any
person from riverboat gambling | ||||||
10 | facilities where that
such person is
in violation
of this | ||||||
11 | Act, rules and regulations thereunder, or final orders of | ||||||
12 | the
Board, or where such person's conduct or reputation is | ||||||
13 | such that his or her
presence within the riverboat gambling | ||||||
14 | facilities may, in the opinion of
the Board, call into | ||||||
15 | question the honesty and integrity of the gambling
| ||||||
16 | operations or interfere with the orderly conduct thereof; | ||||||
17 | provided that the
propriety of such ejection or exclusion | ||||||
18 | is subject to subsequent hearing
by the Board.
| ||||||
19 | (13) To require all licensees of gambling operations to | ||||||
20 | utilize a
cashless wagering system whereby all players' | ||||||
21 | money is converted to tokens,
electronic cards, or chips | ||||||
22 | which shall be used only for wagering in the
gambling | ||||||
23 | establishment.
| ||||||
24 | (14) (Blank).
| ||||||
25 | (15) To suspend, revoke or restrict licenses (other | ||||||
26 | than the license issued to the Authority) , to require the
|
| |||||||
| |||||||
1 | removal of a licensee or an employee of a licensee for a | ||||||
2 | violation of this
Act or a Board rule or for engaging in a | ||||||
3 | fraudulent practice, and to
impose civil penalties of up to | ||||||
4 | $5,000 against individuals and up to
$10,000 or an amount | ||||||
5 | equal to the daily whole gaming
gross receipts, whichever | ||||||
6 | is
larger, against licensees for each violation of any | ||||||
7 | provision of the Act,
any rules adopted by the Board, any | ||||||
8 | order of the Board or any other action
which, in the | ||||||
9 | Board's discretion, is a detriment or impediment to | ||||||
10 | riverboat
gambling operations.
| ||||||
11 | (16) To hire employees to gather information, conduct | ||||||
12 | investigations
and carry out any other tasks contemplated | ||||||
13 | under this Act.
| ||||||
14 | (17) To establish minimum levels of insurance to be | ||||||
15 | maintained by
licensees.
| ||||||
16 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
17 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
18 | of 1934 on board a riverboat or in a casino
and to have | ||||||
19 | exclusive authority to establish the hours for sale and
| ||||||
20 | consumption of alcoholic liquor on board a riverboat or in | ||||||
21 | a casino , notwithstanding any
provision of the Liquor | ||||||
22 | Control Act of 1934 or any local ordinance, and
regardless | ||||||
23 | of whether the riverboat or in a casino makes excursions. | ||||||
24 | The
establishment of the hours for sale and consumption of | ||||||
25 | alcoholic liquor on
board a riverboat or in a casino is an | ||||||
26 | exclusive power and function of the State. A home
rule unit |
| |||||||
| |||||||
1 | may not establish the hours for sale and consumption of | ||||||
2 | alcoholic
liquor on board a riverboat or in a casino . This | ||||||
3 | subdivision (18)
amendatory Act of
1991 is a denial and
| ||||||
4 | limitation of home rule powers and functions under | ||||||
5 | subsection (h) of
Section 6 of Article VII of the Illinois | ||||||
6 | Constitution.
| ||||||
7 | (19) After consultation with the U.S. Army Corps of | ||||||
8 | Engineers, to
establish binding emergency orders upon the | ||||||
9 | concurrence of a majority of
the members of the Board | ||||||
10 | regarding the navigability of water, relative to
| ||||||
11 | excursions,
in the event
of extreme weather conditions, | ||||||
12 | acts of God or other extreme circumstances.
| ||||||
13 | (20) To delegate the execution of any of its powers | ||||||
14 | under this Act for
the purpose of administering and | ||||||
15 | enforcing this Act and its rules and
regulations hereunder.
| ||||||
16 | (21) To take any other action as may be reasonable or
| ||||||
17 | appropriate to
enforce this Act and rules and regulations | ||||||
18 | hereunder.
| ||||||
19 | (d) The Board may seek and shall receive the cooperation of | ||||||
20 | the
Department of State Police in conducting background | ||||||
21 | investigations of
applicants and in fulfilling its | ||||||
22 | responsibilities under
this Section. Costs incurred by the | ||||||
23 | Department of State Police as
a result of such cooperation | ||||||
24 | shall be paid by the Board in conformance
with the requirements | ||||||
25 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
26 | ILCS 2605/2605-400).
|
| |||||||
| |||||||
1 | (e) The Board must authorize to each investigator and to | ||||||
2 | any other
employee of the Board exercising the powers of a | ||||||
3 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
4 | states that the badge is authorized by the Board
and
(ii) | ||||||
5 | contains a unique identifying number. No other badge shall be | ||||||
6 | authorized
by the Board.
| ||||||
7 | (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, | ||||||
8 | eff.
1-1-01.)
| ||||||
9 | (230 ILCS 10/5.2 new)
| ||||||
10 | Sec. 5.2. Enforcement and investigations. Notwithstanding | ||||||
11 | any provision in this Act to the contrary, all duties related | ||||||
12 | to investigations under this Act and the enforcement of this | ||||||
13 | Act shall be divided equally between employees of the | ||||||
14 | Department of State Police and investigators employed by the | ||||||
15 | Department of Revenue.
| ||||||
16 | (230 ILCS 10/6) (from Ch. 120, par. 2406)
| ||||||
17 | Sec. 6. Application for Owners License.
| ||||||
18 | (a) A qualified person , other than the Authority, may
apply | ||||||
19 | to the Board for an owners license to
conduct a riverboat | ||||||
20 | gambling operation as provided in this Act. The
application | ||||||
21 | shall be made on forms provided by the Board and shall contain
| ||||||
22 | such information as the Board prescribes, including but not | ||||||
23 | limited to the
identity of the riverboat on which such gambling | ||||||
24 | operation is to be
conducted and the exact location where such |
| |||||||
| |||||||
1 | riverboat will be docked, a
certification that the riverboat | ||||||
2 | will be registered under this Act at all
times during which | ||||||
3 | gambling operations are conducted on board, detailed
| ||||||
4 | information regarding the ownership and management of the | ||||||
5 | applicant, and
detailed personal information regarding the | ||||||
6 | applicant. Any application for an
owners license to be | ||||||
7 | re-issued on or after June 1, 2003 shall also
include the | ||||||
8 | applicant's license bid in a form prescribed by the Board.
| ||||||
9 | Information
provided on the application shall be used as a | ||||||
10 | basis for a thorough
background investigation which the Board | ||||||
11 | shall conduct with respect to each
applicant. An incomplete | ||||||
12 | application shall be cause for denial of a license
by the | ||||||
13 | Board.
| ||||||
14 | (b) Applicants shall submit with their application all | ||||||
15 | documents,
resolutions, and letters of support from the | ||||||
16 | governing body that represents
the municipality or county | ||||||
17 | wherein the licensee will dock.
| ||||||
18 | (c) Each applicant shall disclose the identity of every | ||||||
19 | person,
association, trust or corporation having a greater than | ||||||
20 | 1% direct or
indirect pecuniary interest in the riverboat | ||||||
21 | gambling operation with
respect to which the license is sought. | ||||||
22 | If the disclosed entity is a
trust, the application shall | ||||||
23 | disclose the names and addresses of the
beneficiaries; if a | ||||||
24 | corporation, the names and
addresses of all stockholders and | ||||||
25 | directors; if a partnership, the names
and addresses of all | ||||||
26 | partners, both general and limited.
|
| |||||||
| |||||||
1 | (d) An application shall be filed with the Board by January | ||||||
2 | 1 of the
year preceding any calendar year for which an | ||||||
3 | applicant seeks an owners
license; however, applications for an | ||||||
4 | owners license permitting
operations on January 1, 1991 shall | ||||||
5 | be filed by July 1, 1990. An
application fee of $50,000 shall | ||||||
6 | be paid at the time of filing
to defray the costs associated | ||||||
7 | with the
background investigation conducted by the Board. If | ||||||
8 | the costs of the
investigation exceed $50,000, the applicant | ||||||
9 | shall pay the additional amount
to the Board. If the costs of | ||||||
10 | the investigation are less than $50,000, the
applicant shall | ||||||
11 | receive a refund of the remaining amount. All
information, | ||||||
12 | records, interviews, reports, statements, memoranda or other
| ||||||
13 | data supplied to or used by the Board in the course of its | ||||||
14 | review or
investigation of an application for a license under | ||||||
15 | this Act shall be
privileged, strictly confidential and shall | ||||||
16 | be used only for the purpose of
evaluating an applicant. Such | ||||||
17 | information, records, interviews, reports,
statements, | ||||||
18 | memoranda or other data shall not be admissible as evidence,
| ||||||
19 | nor discoverable in any action of any kind in any court or | ||||||
20 | before any
tribunal, board, agency or person, except for any | ||||||
21 | action deemed necessary
by the Board.
| ||||||
22 | (e) The Board shall charge each applicant a fee set by the | ||||||
23 | Department of
State Police to defray the costs associated with | ||||||
24 | the search and
classification of fingerprints obtained by the | ||||||
25 | Board with respect to the
applicant's application. These fees | ||||||
26 | shall be paid into the State Police
Services Fund.
|
| |||||||
| |||||||
1 | (f) The licensed owner shall be the person primarily | ||||||
2 | responsible for the
boat itself. Only one riverboat gambling | ||||||
3 | operation may be authorized
by the Board on any riverboat. The | ||||||
4 | applicant must identify each riverboat
it intends to use and | ||||||
5 | certify that the riverboat: (1) has the authorized
capacity | ||||||
6 | required in this Act; (2) is accessible to disabled persons; | ||||||
7 | and
(3) is fully registered and licensed in accordance
with any | ||||||
8 | applicable laws.
| ||||||
9 | (g) A person who knowingly makes a false statement on an | ||||||
10 | application is
guilty of a Class A misdemeanor.
| ||||||
11 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
12 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||||||
13 | Sec. 7. Owners Licenses.
| ||||||
14 | (a) The Board shall issue owners licenses to persons, firms | ||||||
15 | or
corporations which apply for such licenses upon payment to | ||||||
16 | the Board of the
non-refundable license fee set by the Board, | ||||||
17 | upon payment of a $25,000
license fee for the first year of | ||||||
18 | operation and a $5,000 license fee for
each succeeding year and | ||||||
19 | upon a determination by the Board that the
applicant is | ||||||
20 | eligible for an owners license pursuant to this Act and the
| ||||||
21 | rules of the Board. No application under this Section shall be | ||||||
22 | required from the Authority. The Authority is not required to | ||||||
23 | pay the yearly license fees imposed above. From May 26, 2006 | ||||||
24 | ( For a period of 2 years beginning on the effective date of | ||||||
25 | Public Act 94-804) until the effective date of this amendatory |
| |||||||
| |||||||
1 | Act of the 95th General Assembly
this amendatory Act of the | ||||||
2 | 94th General Assembly , as a condition of licensure and as an | ||||||
3 | alternative source of payment for those funds payable under | ||||||
4 | subsection (c-5) of Section 13 of the Riverboat and Casino
| ||||||
5 | Gambling Act, any owners licensee that holds or receives its | ||||||
6 | owners license on or after the effective date of this | ||||||
7 | amendatory Act of the 94th General Assembly, other than an | ||||||
8 | owners licensee operating a riverboat with adjusted gross | ||||||
9 | receipts in calendar year 2004 of less than $200,000,000, must | ||||||
10 | pay into the Horse Racing Equity Trust Fund, in addition to any | ||||||
11 | other payments required under this Act, an amount equal to 3% | ||||||
12 | of the adjusted gross receipts received by the owners licensee. | ||||||
13 | Beginning on the effective date of this amendatory Act of the | ||||||
14 | 95th General
Assembly, as a condition of licensure and as an | ||||||
15 | alternative source of payment for those funds payable under | ||||||
16 | subsection (c-5) of Section 13, any owners licensee that holds | ||||||
17 | or receives its owners license on or after the effective date | ||||||
18 | of this amendatory Act of the 95th General Assembly must pay | ||||||
19 | into the Horse Racing Equity Trust Fund, in addition to any | ||||||
20 | other payments required under this Act, based on the gross | ||||||
21 | gaming receipts received by a licensed owner authorized to | ||||||
22 | conduct riverboat or casino gambling, an amount based on the | ||||||
23 | following rates: | ||||||
24 | 0.5% for owners licensees with annual gross gaming | ||||||
25 | receipts up to and including $50,000,000; | ||||||
26 | 1% for owners licensees with annual gross gaming |
| |||||||
| |||||||
1 | receipts in excess of $50,000,000 but not exceeding | ||||||
2 | $100,000,000; | ||||||
3 | 1.5% for owners licensees with annual gross gaming | ||||||
4 | receipts in excess of $100,000,000 but not exceeding | ||||||
5 | $250,000,000; | ||||||
6 | 3.5% for owners licensees with annual gross gaming | ||||||
7 | receipts in excess of $250,000,000.
| ||||||
8 | The payments required under this Section shall be made by | ||||||
9 | the owners licensee to the State Treasurer no later than 3:00 | ||||||
10 | o'clock p.m. of the day after the day when the adjusted gross | ||||||
11 | gaming receipts were received by the owners licensee. A person, | ||||||
12 | firm or corporation is ineligible to receive
an owners license | ||||||
13 | if:
| ||||||
14 | (1) the person has been convicted of a felony under the | ||||||
15 | laws of this
State, any other state, or the United States;
| ||||||
16 | (2) the person has been convicted of any violation of | ||||||
17 | Article 28 of the
Criminal Code of 1961, or substantially | ||||||
18 | similar laws of any other jurisdiction;
| ||||||
19 | (3) the person has submitted an application for a | ||||||
20 | license under this
Act which contains false information;
| ||||||
21 | (4) the person is
a member of the Board;
| ||||||
22 | (5) a person defined in (1), (2), (3) or (4) is an | ||||||
23 | officer, director or
managerial employee of the firm or | ||||||
24 | corporation;
| ||||||
25 | (6) the firm or corporation employs a person defined in | ||||||
26 | (1), (2), (3) or
(4) who participates in the management or |
| |||||||
| |||||||
1 | operation of gambling operations
authorized under this | ||||||
2 | Act;
| ||||||
3 | (7) (blank); or
| ||||||
4 | (8) a license of the person, firm or corporation issued | ||||||
5 | under
this Act, or a license to own or operate gambling | ||||||
6 | facilities
in any other jurisdiction, has been revoked.
| ||||||
7 | (b) In determining whether to grant an owners license to an | ||||||
8 | applicant, the
Board shall consider:
| ||||||
9 | (1) the character, reputation, experience and | ||||||
10 | financial integrity of the
applicants and of any other or | ||||||
11 | separate person that either:
| ||||||
12 | (A) controls, directly or indirectly, such | ||||||
13 | applicant, or
| ||||||
14 | (B) is controlled, directly or indirectly, by such | ||||||
15 | applicant or by a
person which controls, directly or | ||||||
16 | indirectly, such applicant;
| ||||||
17 | (2) the facilities or proposed facilities for the | ||||||
18 | conduct of riverboat
gambling;
| ||||||
19 | (3) the highest prospective total revenue to be derived | ||||||
20 | by the State
from the conduct of riverboat gambling;
| ||||||
21 | (4) the extent to which the ownership of the applicant | ||||||
22 | reflects the
diversity of the State by including minority | ||||||
23 | persons and females
and the good faith affirmative action | ||||||
24 | plan of
each applicant to recruit, train and upgrade | ||||||
25 | minority persons and females in all employment | ||||||
26 | classifications;
|
| |||||||
| |||||||
1 | (5) the financial ability of the applicant to purchase | ||||||
2 | and maintain
adequate liability and casualty insurance;
| ||||||
3 | (6) whether the applicant has adequate capitalization | ||||||
4 | to provide and
maintain, for the duration of a license, a | ||||||
5 | riverboat;
| ||||||
6 | (7) the extent to which the applicant exceeds or meets | ||||||
7 | other standards
for the issuance of an owners license which | ||||||
8 | 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) In addition to the license authorized under subsections | ||||||
15 | (e-5) and (e-6), the
The Board may issue up to 10 licenses | ||||||
16 | authorizing the holders of such
licenses to own riverboats. In | ||||||
17 | the application for an owners license, the
applicant shall | ||||||
18 | state the dock at which the riverboat is based and the water
on | ||||||
19 | which the riverboat will be located. The Board shall issue 5 | ||||||
20 | licenses to
become effective not earlier than January 1, 1991. | ||||||
21 | Three of such licenses
shall authorize riverboat gambling on | ||||||
22 | the Mississippi River, or, with approval
by the municipality in | ||||||
23 | which the
riverboat was docked on August 7, 2003 and with Board | ||||||
24 | approval, be authorized to relocate to a new location,
in a
| ||||||
25 | municipality that (1) borders on the Mississippi River or is | ||||||
26 | within 5
miles of the city limits of a municipality that |
| |||||||
| |||||||
1 | borders on the Mississippi
River and (2), on August 7, 2003, | ||||||
2 | had a riverboat conducting riverboat gambling operations | ||||||
3 | pursuant to
a license issued under this Act; one of which shall | ||||||
4 | authorize riverboat
gambling from a home dock in the city of | ||||||
5 | East St. Louis. One other license
shall
authorize riverboat | ||||||
6 | gambling on
the Illinois River south of Marshall County. The | ||||||
7 | Board shall issue one
additional license to become effective | ||||||
8 | not earlier than March 1, 1992, which
shall authorize riverboat | ||||||
9 | gambling on the Des Plaines River in Will County.
The Board may | ||||||
10 | issue 4 additional licenses to become effective not
earlier | ||||||
11 | than
March 1, 1992. In determining the water upon which | ||||||
12 | riverboats will operate,
the Board shall consider the economic | ||||||
13 | benefit which riverboat gambling confers
on the State, and | ||||||
14 | shall seek to assure that all regions of the State share
in the | ||||||
15 | economic benefits of riverboat gambling.
| ||||||
16 | (e-5) In addition to the licenses authorized under | ||||||
17 | subsections (e) and (e-6), the Board may issue 2 additional | ||||||
18 | licenses authorizing the holders of such licenses to own | ||||||
19 | riverboats. In the application for an owners license, the
| ||||||
20 | applicant shall state the dock at which the riverboat is based | ||||||
21 | and the water
on which the riverboat will be located. The Board | ||||||
22 | shall award the licenses to applicants whose plans (i) generate | ||||||
23 | the highest amount of revenue to the State and (ii) provide for | ||||||
24 | the least amount of cannibalization of existing licensees' | ||||||
25 | revenues generated pursuant to this Act. No applicant may | ||||||
26 | submit an application that contains a minimum bid of less than |
| |||||||
| |||||||
1 | $365,000,000, except that the Board may declare a lower minimum | ||||||
2 | bid for a specific license if it finds a lower minimum bid | ||||||
3 | necessary or appropriate. Each applicant must also submit | ||||||
4 | evidence to the Board that minority persons and females hold | ||||||
5 | ownership interests in the applicant of at least 16% and 4% | ||||||
6 | respectively. For the purposes of this subsection (e-5), | ||||||
7 | "cannibalization" means the diversion of revenues generated | ||||||
8 | pursuant to this Act from existing licensees by an owners | ||||||
9 | licensee authorized under this subsection (e-5). In | ||||||
10 | determining whether cannibalization exists, the Board shall | ||||||
11 | also consider the extent the applicant can attract from market | ||||||
12 | areas of neighboring states.
| ||||||
13 | (e-6) In addition to the licenses authorized under | ||||||
14 | subsections (e) and (e-5), the Board may issue an owners | ||||||
15 | license to the Authority authorizing the conduct of
gambling | ||||||
16 | operations in a casino located in a municipality with
a | ||||||
17 | population of more than 500,000 inhabitants upon written | ||||||
18 | request of the Authority and upon payment by the Authority to | ||||||
19 | the Board of one of the following amounts: (i) $760,000,000 on | ||||||
20 | or before June 1, 2008 or (ii) $800,000,000 after June 1, 2008 | ||||||
21 | and no later than December 31, 2008. The total number of gaming | ||||||
22 | positions operated by an
owners licensee under this subsection | ||||||
23 | (e-6) shall not exceed 4,000 at one time. Until completion of a | ||||||
24 | permanent casino, the Authority's license shall authorize it to | ||||||
25 | conduct gambling operations in one or more land-based or | ||||||
26 | riverboat temporary casinos within the municipality, provided |
| |||||||
| |||||||
1 | that the total number of gaming positions is limited to 4,000. | ||||||
2 | The license issued to the Authority shall be perpetual and may | ||||||
3 | not be revoked, suspended, or limited by the Board. Casino | ||||||
4 | gambling operations shall be conducted by a casino operator on | ||||||
5 | behalf of the Authority. The Authority shall conduct a | ||||||
6 | competitive bidding process for the selection of casino | ||||||
7 | operators to develop and operate the casino and one or more | ||||||
8 | temporary casinos and riverboats. Any such casino operators | ||||||
9 | shall be subject to licensing by, and full jurisdiction of, the | ||||||
10 | Board.
| ||||||
11 | (e-10) In granting all licenses, the Board may give | ||||||
12 | favorable consideration to
economically depressed areas of the | ||||||
13 | State, to applicants presenting plans
which provide for | ||||||
14 | significant economic development over a large geographic
area, | ||||||
15 | and to applicants who currently operate non-gambling | ||||||
16 | riverboats in
Illinois.
The Board shall review all applications | ||||||
17 | for owners licenses,
and shall inform each applicant of the | ||||||
18 | Board's decision.
The Board may grant an owners license to an
| ||||||
19 | applicant that has not submitted the highest license bid, but | ||||||
20 | if it does not
select the highest bidder, the Board shall issue | ||||||
21 | a written decision explaining
why another
applicant was | ||||||
22 | selected and identifying the factors set forth in this Section
| ||||||
23 | that favored the winning bidder.
| ||||||
24 | (e-15) In addition to any other revocation powers granted | ||||||
25 | to the Board under this
Act,
the Board may revoke the owners | ||||||
26 | license of a licensee which fails
to begin conducting gambling |
| |||||||
| |||||||
1 | within 15 months
of receipt of the
Board's approval of the | ||||||
2 | application if the Board determines that license
revocation is | ||||||
3 | in the best interests of the State.
| ||||||
4 | (f) Owners
The first 10 owners licenses issued under this | ||||||
5 | Act shall permit the
holder to own up to 2 riverboats and | ||||||
6 | equipment thereon
for a period of 3 years after the effective | ||||||
7 | date of the license. Holders of
the first 10 owners licenses | ||||||
8 | must pay the annual license fee for each of
the 3
years during | ||||||
9 | which they are authorized to own riverboats.
| ||||||
10 | (g) Upon the termination, expiration, or revocation of each | ||||||
11 | owners license
of the first
10 licenses , which shall be issued | ||||||
12 | for a 3 year period, all licenses are
renewable annually upon | ||||||
13 | payment of the fee and a determination by the Board
that the | ||||||
14 | licensee continues to meet all of the requirements of this Act | ||||||
15 | and the
Board's rules.
However, for licenses renewed on or | ||||||
16 | after May 1, 1998, renewal shall be
for a period of 4 years, | ||||||
17 | unless the Board sets a shorter period. The Authority's license | ||||||
18 | shall be perpetual and shall not be subject to renewal.
| ||||||
19 | (h) An owners license shall entitle the licensee to own up | ||||||
20 | to 2
riverboats. A licensee shall limit the number of gaming | ||||||
21 | positions
gambling participants to
1,200 for any such owners | ||||||
22 | license , plus any gaming positions acquired as a result of | ||||||
23 | subsection (h-5) .
A licensee may operate both of its riverboats | ||||||
24 | concurrently, provided that the
total number of gaming | ||||||
25 | positions
gambling participants on both riverboats does not | ||||||
26 | exceed those gaming positions authorized under this subsection |
| |||||||
| |||||||
1 | (h) and subsection (h-5)
1,200 . Riverboats licensed to operate | ||||||
2 | on the
Mississippi River and the Illinois River south of | ||||||
3 | Marshall County shall
have an authorized capacity of at least | ||||||
4 | 500 persons. Any other riverboat
licensed under this Act shall | ||||||
5 | have an authorized capacity of at least 400
persons.
| ||||||
6 | (h-5) As soon as practical after the effective date of this | ||||||
7 | amendatory Act of the 95th General Assembly, the Board shall | ||||||
8 | offer for lease a total of 6,000 gaming positions, in blocks of | ||||||
9 | 100 each, to owners licensees authorized under subsections (e) | ||||||
10 | and (e-5). When offering these positions, the Board shall | ||||||
11 | negotiate the price per block so as to generate the highest | ||||||
12 | amount of revenue to the State. The negotiation process shall | ||||||
13 | be determined by the Board by rule, and that process shall be | ||||||
14 | used, notwithstanding any provision of law to the contrary. For | ||||||
15 | this purpose, it is in the public interest and welfare that the | ||||||
16 | Board has emergency rulemaking authority under the Illinois | ||||||
17 | Administrative Procedure Act. A gaming position leased | ||||||
18 | pursuant to this subsection (h-5) shall be contingent on the | ||||||
19 | continued licensure of the owners licensee. Any lease agreement | ||||||
20 | entered into with a lease term longer than 4 years shall | ||||||
21 | require the owners licensee to pay the total lease amount for | ||||||
22 | the first 2 years at the time the lease is executed. Neither an | ||||||
23 | owners licensee nor the Board shall avoid or contravene the | ||||||
24 | restrictions of this subsection (h-5) by any means. Prior to | ||||||
25 | the expiration of each lease, so as to ensure the continuous | ||||||
26 | use of those positions subject to the lease, the Board must |
| |||||||
| |||||||
1 | re-offer for lease those gaming positions pursuant to the | ||||||
2 | process as provided in this subsection (h-5). For the purposes | ||||||
3 | of this subsection (h-5), the limitations on lease terms | ||||||
4 | pursuant to Section 40-25 of the Illinois Procurement Code do | ||||||
5 | not apply.
| ||||||
6 | (h-6) An owners licensee that
obtains in excess of 1,200 | ||||||
7 | positions, other than the owners licensee that received a | ||||||
8 | license under subsection (e-6), may conduct riverboat gambling | ||||||
9 | operations from a land-based facility
within or attached to its | ||||||
10 | home dock facility or from a temporary facility, as the term | ||||||
11 | "temporary facility" is defined by Board rule, that is attached | ||||||
12 | to the licensee's home dock, with Board approval. Gaming | ||||||
13 | positions located in a land-based facility must be located in | ||||||
14 | an area
that is accessible only to persons who are at least 21 | ||||||
15 | years of age. A
licensee may not conduct gambling at a | ||||||
16 | land-based facility unless the admission
tax imposed under | ||||||
17 | Section 12 has been paid for all persons who enter the
| ||||||
18 | land-based facility.
The Board shall adopt rules concerning the | ||||||
19 | conduct of gambling
from land-based facilities, including | ||||||
20 | rules concerning the number of gaming positions that may be | ||||||
21 | located at a temporary facility. | ||||||
22 | A licensee shall limit the number of gambling participants | ||||||
23 | to
1,200 for any such owners license.
A licensee may operate | ||||||
24 | both of its riverboats concurrently, provided that the
total | ||||||
25 | number of gambling participants on both riverboats does not | ||||||
26 | exceed
1,200. Riverboats licensed to operate on the
Mississippi |
| |||||||
| |||||||
1 | River and the Illinois River south of Marshall County shall
| ||||||
2 | have an authorized capacity of at least 500 persons. Any other | ||||||
3 | riverboat
licensed under this Act shall have an authorized | ||||||
4 | capacity of at least 400
persons. | ||||||
5 | (i) A licensed owner is authorized to apply to the Board | ||||||
6 | for and, if
approved therefor, to receive all licenses from the | ||||||
7 | Board necessary for the
operation of a riverboat, including a | ||||||
8 | liquor license, a license
to prepare and serve food for human | ||||||
9 | consumption, and other necessary
licenses. All use, occupation | ||||||
10 | and excise taxes which apply to the sale of
food and beverages | ||||||
11 | in this State and all taxes imposed on the sale or use
of | ||||||
12 | tangible personal property apply to such sales aboard the | ||||||
13 | riverboat or in the casino .
| ||||||
14 | (j) The Board may issue or re-issue a license authorizing a | ||||||
15 | riverboat to
dock
in a municipality or approve a relocation | ||||||
16 | under Section 11.2 only if, prior
to the issuance or | ||||||
17 | re-issuance of
the license or approval, the governing body of | ||||||
18 | the municipality in which
the riverboat will dock has by a | ||||||
19 | majority vote approved the docking of
riverboats in the | ||||||
20 | municipality. The Board may issue or re-issue a license
| ||||||
21 | authorizing a
riverboat to dock in areas of a county outside | ||||||
22 | any municipality or approve a
relocation under Section 11.2 | ||||||
23 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
24 | approval, the
governing body of the county has by a majority | ||||||
25 | vote approved of the docking of
riverboats within such areas.
| ||||||
26 | (k) Notwithstanding any rule or statute to the contrary, |
| |||||||
| |||||||
1 | any licensed owner holding 3 or more owners licenses on May 31, | ||||||
2 | 2007 may continue to hold those licenses, but may not hold any | ||||||
3 | more than the number of licenses held on that date.
| ||||||
4 | (Source: P.A. 93-28, eff. 6-20-03; 93-453, eff. 8-7-03; 94-667, | ||||||
5 | eff. 8-23-05; 94-804, eff. 5-26-06.)
| ||||||
6 | (230 ILCS 10/7.1)
| ||||||
7 | Sec. 7.1. Re-issuance of revoked or non-renewed owners | ||||||
8 | licenses.
| ||||||
9 | (a) If an owners license terminates or expires without | ||||||
10 | renewal or the Board
revokes or determines not to renew an | ||||||
11 | owners license (including, without
limitation, an owners | ||||||
12 | license for a licensee that was not conducting riverboat
| ||||||
13 | gambling operations on January 1, 1998)
and that revocation or | ||||||
14 | determination is final, the Board may re-issue such
license to
| ||||||
15 | a qualified applicant pursuant to an open and competitive | ||||||
16 | bidding process, as
set forth in Section 7.5, and subject to | ||||||
17 | the maximum number of authorized
licenses set forth in | ||||||
18 | subsections (e), (e-5), and (e-6) of Section 7
Section
7(e) .
| ||||||
19 | (b) To be a qualified applicant, a person, firm, or | ||||||
20 | corporation cannot be
ineligible to receive an owners license | ||||||
21 | under Section 7(a) and must submit an
application for an owners | ||||||
22 | license that complies with Section 6. Each such
applicant must | ||||||
23 | also submit evidence to the Board that minority persons and
| ||||||
24 | females hold ownership interests in the applicant of at least | ||||||
25 | 16% and 4%
respectively.
|
| |||||||
| |||||||
1 | (c) Notwithstanding anything to the contrary in | ||||||
2 | subsections (e), (e-5), or (e-6) of Section 7,
Section 7(e), an | ||||||
3 | applicant
may apply to the Board for approval of relocation of | ||||||
4 | a re-issued license to a
new home dock location authorized | ||||||
5 | under Section 3(c) upon receipt of the
approval from the | ||||||
6 | municipality or county, as the case may be, pursuant to
Section | ||||||
7 | 7(j).
| ||||||
8 | (d) In determining whether to grant a re-issued owners | ||||||
9 | license to an
applicant, the
Board shall consider all of the | ||||||
10 | factors set forth in Section
Sections 7(b) and in Section 7(e) | ||||||
11 | or 7(e-5), whichever is applicable,
(e) as
well as the amount | ||||||
12 | of the applicant's license bid. The Board may
grant the | ||||||
13 | re-issued owners license to an applicant that has not submitted | ||||||
14 | the
highest license bid, but if it does not select the highest | ||||||
15 | bidder,
the Board shall issue a written decision explaining why | ||||||
16 | another applicant was
selected and identifying the factors set | ||||||
17 | forth in Section
Sections 7(b) and in Section 7(e) or 7(e-5), | ||||||
18 | whichever is applicable,
(e) that
favored the winning bidder.
| ||||||
19 | (e) Re-issued owners licenses shall be subject to annual | ||||||
20 | license fees as
provided for in Section 7(a) and shall be | ||||||
21 | governed by the provisions of
Sections 7(f), (g), (h), and (i).
| ||||||
22 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
23 | (230 ILCS 10/7.3)
| ||||||
24 | Sec. 7.3. State conduct of gambling operations.
| ||||||
25 | (a) If, after reviewing each application for a re-issued |
| |||||||
| |||||||
1 | license, the
Board determines that the highest prospective | ||||||
2 | total revenue to the State would
be derived from State conduct | ||||||
3 | of the gambling operation in lieu of re-issuing
the license, | ||||||
4 | the Board shall inform each applicant of its decision. The | ||||||
5 | Board
shall thereafter have the authority, without obtaining an | ||||||
6 | owners license, to
conduct riverboat gambling operations as
| ||||||
7 | previously authorized by the terminated, expired, revoked, or | ||||||
8 | nonrenewed
license through a licensed manager selected | ||||||
9 | pursuant to an open and competitive
bidding
process as set | ||||||
10 | forth in Section 7.5 and as provided in Section 7.4.
| ||||||
11 | (b) The Board may locate any riverboat on which a gambling | ||||||
12 | operation is
conducted by the State in any home dock location | ||||||
13 | authorized by Section 3(c)
upon receipt of approval from a | ||||||
14 | majority vote of the governing body of the
municipality or | ||||||
15 | county, as the case may be, in which the riverboat will dock.
| ||||||
16 | (c) The Board shall have jurisdiction over and shall | ||||||
17 | supervise all
gambling operations conducted by the State | ||||||
18 | provided for in this Act and shall
have all powers necessary | ||||||
19 | and proper to fully and effectively execute the
provisions of | ||||||
20 | this Act relating to gambling operations conducted by the | ||||||
21 | State.
| ||||||
22 | (d) The maximum number of owners licenses authorized under | ||||||
23 | Section 7
7(e)
shall be reduced by one for each instance in | ||||||
24 | which the Board authorizes the
State to conduct a riverboat | ||||||
25 | gambling operation under subsection (a) in lieu of
re-issuing a | ||||||
26 | license to an applicant under Section 7.1.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
2 | (230 ILCS 10/7.4)
| ||||||
3 | Sec. 7.4. Managers and casino operators licenses.
| ||||||
4 | (a) A qualified person may apply to the Board for a | ||||||
5 | managers license to
operate
and manage any gambling operation | ||||||
6 | conducted by the State or the Authority . The application shall
| ||||||
7 | be
made on forms provided by the Board and shall contain such | ||||||
8 | information as the
Board
prescribes, including but not limited | ||||||
9 | to information required in Sections 6(a),
(b), and
(c) and | ||||||
10 | information relating to the applicant's proposed price to | ||||||
11 | manage State or Authority
gambling
operations and to provide | ||||||
12 | the riverboat or casino , gambling equipment, and supplies
| ||||||
13 | necessary to
conduct State or Authority gambling operations.
| ||||||
14 | (b) Each applicant must submit evidence to the Board that | ||||||
15 | minority persons
and
females hold ownership interests in the | ||||||
16 | applicant of at least 16% and 4%,
respectively.
| ||||||
17 | (c) A person, firm, or corporation is ineligible to receive | ||||||
18 | a managers
license or a casino operators license if:
| ||||||
19 | (1) the person has been convicted of a felony under the | ||||||
20 | laws of this
State, any other state, or the United States;
| ||||||
21 | (2) the person has been convicted of any violation of | ||||||
22 | Article 28 of
the Criminal Code of 1961, or substantially | ||||||
23 | similar laws of any other
jurisdiction;
| ||||||
24 | (3) the person has submitted an application for a | ||||||
25 | license under this
Act which contains false information;
|
| |||||||
| |||||||
1 | (4) the person is a member of the Board;
| ||||||
2 | (5) a person defined in (1), (2), (3), or (4) is an | ||||||
3 | officer, director, or
managerial employee of the firm or | ||||||
4 | corporation;
| ||||||
5 | (6) the firm or corporation employs a person defined in | ||||||
6 | (1), (2), (3),
or (4) who participates in the management or | ||||||
7 | operation of gambling
operations authorized under this | ||||||
8 | Act; or
| ||||||
9 | (7) 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 | (d) Each applicant shall submit with his or her | ||||||
14 | application, on forms
prescribed by
the Board, 2 sets of his or | ||||||
15 | her fingerprints.
| ||||||
16 | (e) The Board shall charge each applicant a fee, set by the | ||||||
17 | Board, to defray
the costs associated with the background | ||||||
18 | investigation conducted by the
Board.
| ||||||
19 | (f) A person who knowingly makes a false statement on an | ||||||
20 | application is
guilty of a Class A misdemeanor.
| ||||||
21 | (g) The managers license to manage any gambling operation | ||||||
22 | conducted by the State shall be for a term not to exceed 10 | ||||||
23 | years, shall
be
renewable at the Board's option, and shall | ||||||
24 | contain such terms and
provisions as the Board deems necessary | ||||||
25 | to protect or enhance the
credibility and integrity of State | ||||||
26 | gambling operations, achieve the highest
prospective total |
| |||||||
| |||||||
1 | revenue to the State, and otherwise serve the interests of
the | ||||||
2 | citizens of Illinois. The initial term of a casino operators | ||||||
3 | license to manage the Authority's gambling operations shall be | ||||||
4 | 4 years. Upon expiration of the initial term and of each | ||||||
5 | renewal term, the casino operators license shall be renewed for | ||||||
6 | a period of 4 years, provided that the casino operator | ||||||
7 | continues to meet all of the requirements of this Act and the | ||||||
8 | Board's rules.
| ||||||
9 | (h) Issuance of a managers license shall be subject to an | ||||||
10 | open and
competitive bidding
process. The Board may select an | ||||||
11 | applicant other than the lowest bidder by
price. If it does not | ||||||
12 | select the lowest bidder, the Board shall issue a notice
of who
| ||||||
13 | the lowest bidder was and a written decision as to why another | ||||||
14 | bidder was
selected.
| ||||||
15 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
16 | (230 ILCS 10/7.15 new)
| ||||||
17 | Sec. 7.15. Undue economic concentration. | ||||||
18 | (a) In addition to considering all other requirements under | ||||||
19 | this Act, in deciding whether to approve direct or indirect | ||||||
20 | ownership or control of an owner's license, the Board shall | ||||||
21 | consider the impact of any economic concentration of the | ||||||
22 | ownership or control. No direct or indirect ownership or | ||||||
23 | control shall be approved and no owner's license shall be | ||||||
24 | issued or transferred to or held by any person or entity if the | ||||||
25 | Board determines that approval, issuance, transfer, or holding |
| |||||||
| |||||||
1 | shall result in undue economic concentration in the direct or | ||||||
2 | indirect ownership or control of riverboat gambling operations | ||||||
3 | in Illinois. | ||||||
4 | (b) For the purposes of this Section, "undue economic | ||||||
5 | concentration" means that a person or entity would have actual | ||||||
6 | or potential domination of riverboat gambling in Illinois | ||||||
7 | sufficient to: | ||||||
8 | (1) substantially impede or suppress competition among | ||||||
9 | holders of owner's licenses; | ||||||
10 | (2) adversely impact the economic stability of the | ||||||
11 | riverboat casino industry in Illinois; or | ||||||
12 | (3) negatively impact the purposes of this Act, | ||||||
13 | including tourism, economic development, benefits to local | ||||||
14 | communities, and State and local revenues. The Board may | ||||||
15 | not amend or add to the "undue economic concentration", | ||||||
16 | except by a unanimous vote of the Board. | ||||||
17 | (c) In determining whether the issuance, transfer, or | ||||||
18 | holding, directly or indirectly, of an owner's license shall | ||||||
19 | result in undue economic concentration, the Board shall | ||||||
20 | consider the following criteria: | ||||||
21 | (1) The percentage share of the market presently owned | ||||||
22 | or controlled by a person or entity, directly or | ||||||
23 | indirectly, in each of the following categories: | ||||||
24 | (A) The total number of licensed riverboat casinos | ||||||
25 | in Illinois. | ||||||
26 | (B) Total riverboat casino square footage. |
| |||||||
| |||||||
1 | (C) Number of persons employed in the riverboat | ||||||
2 | gambling operation and any affiliated hotel operation. | ||||||
3 | (D) Number of guest rooms in an affiliated hotel. | ||||||
4 | (E) Number of electronic gaming devices. | ||||||
5 | (F) Number of table games. | ||||||
6 | (G) Net revenue and adjusted gross receipts. | ||||||
7 | (H) Table win. | ||||||
8 | (I) Electronic gaming device win. | ||||||
9 | (J) Table drop. | ||||||
10 | (K) Electronic gaming device drop. | ||||||
11 | (2) The estimated increase in the market shares in the | ||||||
12 | categories in item (1) of this subsection (c) if the person | ||||||
13 | or entity is approved, or is issued or permitted to hold | ||||||
14 | the owner's license. | ||||||
15 | (3) The relative position of other persons or entities | ||||||
16 | that own or control Owner's licenses in Illinois, as | ||||||
17 | evidenced by the market shares of each license in the | ||||||
18 | categories in item (1) of this subsection (c). | ||||||
19 | (4) The current and projected financial condition of | ||||||
20 | the riverboat gaming industry. | ||||||
21 | (5) Current market conditions, including proximity and | ||||||
22 | level of competition, consumer demand, market | ||||||
23 | concentration, and any other relevant characteristics of | ||||||
24 | the market. | ||||||
25 | (6) Whether the licenses to be issued, transferred or | ||||||
26 | held, directly or indirectly, by the person or entity have |
| |||||||
| |||||||
1 | separate organizational structures or other independent | ||||||
2 | obligations. | ||||||
3 | (7) The potential impact on the projected future growth | ||||||
4 | and development of the riverboat gambling industry, the | ||||||
5 | local communities in which licenses are located, and the | ||||||
6 | State of Illinois. | ||||||
7 | (8) The barriers to entry into the riverboat gambling | ||||||
8 | industry, including the licensure requirements of this Act | ||||||
9 | and its rules, and whether the issuance or transfer to, or | ||||||
10 | holding, directly or indirectly, of, an owner's license by | ||||||
11 | the person or entity will operate as a barrier to new | ||||||
12 | companies and individuals desiring to enter the market. | ||||||
13 | (9) Whether the issuance or transfer to or holding, | ||||||
14 | directly or indirectly, of the license by the person or | ||||||
15 | entity will adversely impact on consumer interests, or | ||||||
16 | whether such issuance, transfer or holding is likely to | ||||||
17 | result in enhancing the quality and customer appeal of | ||||||
18 | products and services offered by riverboat casinos in order | ||||||
19 | to maintain or increase their respective market shares. | ||||||
20 | (10) Whether a restriction on the issuance or transfer | ||||||
21 | of a license to, or holding, directly or indirectly, of, an | ||||||
22 | additional license by the person is necessary in order to | ||||||
23 | encourage and preserve competition in casino operations. | ||||||
24 | (11) Any other information deemed relevant by the | ||||||
25 | Board.
|
| |||||||
| |||||||
1 | (230 ILCS 10/8)
(from Ch. 120, par. 2408)
| ||||||
2 | Sec. 8. Suppliers licenses.
| ||||||
3 | (a) The Board may issue a suppliers license to such | ||||||
4 | persons, firms or
corporations which apply therefor upon the | ||||||
5 | payment of a non-refundable
application fee set by the Board, | ||||||
6 | upon a determination by the Board that
the applicant is | ||||||
7 | eligible for a suppliers license and upon payment of a
$5,000 | ||||||
8 | annual license
fee.
| ||||||
9 | (b) The holder of a suppliers license is authorized to sell | ||||||
10 | or lease,
and to contract to sell or lease, gambling equipment | ||||||
11 | and supplies to any
licensee involved in the ownership or | ||||||
12 | management of gambling operations.
| ||||||
13 | (c) Gambling supplies and equipment may not be distributed
| ||||||
14 | unless supplies and equipment conform to standards adopted by
| ||||||
15 | rules of the Board.
| ||||||
16 | (d) A person, firm or corporation is ineligible to receive | ||||||
17 | a suppliers
license if:
| ||||||
18 | (1) the person has been convicted of a felony under the | ||||||
19 | laws of this
State, any other state, or the United States;
| ||||||
20 | (2) the person has been convicted of any violation of | ||||||
21 | Article 28 of the
Criminal Code of 1961, or substantially | ||||||
22 | similar laws of any other jurisdiction;
| ||||||
23 | (3) the person has submitted an application for a | ||||||
24 | license under this
Act which contains false information;
| ||||||
25 | (4) the person is a member of the Board;
| ||||||
26 | (5) the firm or corporation is one in which a person |
| |||||||
| |||||||
1 | defined in (1),
(2), (3) or (4), is an officer, director or | ||||||
2 | managerial employee;
| ||||||
3 | (6) the firm or corporation employs a person who | ||||||
4 | participates in the
management or operation of riverboat | ||||||
5 | gambling authorized under this Act;
| ||||||
6 | (7) the license of the person, firm or corporation | ||||||
7 | issued under
this Act, or a license to own or operate | ||||||
8 | gambling facilities
in any other jurisdiction, has been | ||||||
9 | revoked.
| ||||||
10 | (e) Any person that supplies any equipment, devices, or | ||||||
11 | supplies to a
licensed riverboat or casino gambling operation | ||||||
12 | must
first obtain a suppliers
license. A supplier shall furnish | ||||||
13 | to the Board a list of all equipment,
devices and supplies | ||||||
14 | offered for sale or lease in connection with gambling
games | ||||||
15 | authorized under this Act. A supplier shall keep books and | ||||||
16 | records
for the furnishing of equipment, devices and supplies | ||||||
17 | to gambling
operations separate and distinct from any other | ||||||
18 | business that the supplier
might operate. A supplier shall file | ||||||
19 | a quarterly return with the Board
listing all sales and leases. | ||||||
20 | A supplier shall permanently affix its name
to all its | ||||||
21 | equipment, devices, and supplies for gambling operations.
Any | ||||||
22 | supplier's equipment, devices or supplies which are used by any | ||||||
23 | person
in an unauthorized gambling operation shall be forfeited | ||||||
24 | to the State. A
holder of an owners license, including the | ||||||
25 | Authority,
licensed
owner may own its own equipment, devices | ||||||
26 | and supplies. Each
holder of an owners license , including the |
| |||||||
| |||||||
1 | Authority, under the
Act shall file an annual report
listing | ||||||
2 | its inventories of gambling equipment, devices and supplies.
| ||||||
3 | (f) Any person who knowingly makes a false statement on an | ||||||
4 | application
is guilty of a Class A misdemeanor.
| ||||||
5 | (g) Any gambling equipment, devices and supplies provided | ||||||
6 | by any
licensed supplier may either be repaired on the | ||||||
7 | riverboat or at the casino or removed from
the riverboat or the | ||||||
8 | casino to a
an on-shore
facility owned by the holder of an | ||||||
9 | owners
license for repair.
| ||||||
10 | (Source: P.A. 86-1029; 87-826.)
| ||||||
11 | (230 ILCS 10/9)
(from Ch. 120, par. 2409)
| ||||||
12 | Sec. 9. Occupational licenses.
| ||||||
13 | (a) The Board may issue an occupational license to an | ||||||
14 | applicant upon the
payment of a non-refundable fee set by the | ||||||
15 | Board, upon a determination by
the Board that the applicant is | ||||||
16 | eligible for an occupational license and
upon payment of an | ||||||
17 | annual license fee in an amount to be established. To
be | ||||||
18 | eligible for an occupational license, an applicant must:
| ||||||
19 | (1) be at least 21 years of age if the applicant will | ||||||
20 | perform any
function involved in gaming by patrons. Any | ||||||
21 | applicant seeking an
occupational license for a non-gaming | ||||||
22 | function shall be at least 18 years
of age;
| ||||||
23 | (2) not have been convicted of a felony offense, a | ||||||
24 | violation of Article
28 of the Criminal Code of 1961, or a | ||||||
25 | similar statute of any other
jurisdiction, or a crime |
| |||||||
| |||||||
1 | involving dishonesty or moral turpitude;
| ||||||
2 | (3) have demonstrated a level of skill or knowledge | ||||||
3 | which the Board
determines to be necessary in order to | ||||||
4 | operate gambling aboard a riverboat or in a casino ; and
| ||||||
5 | (4) have met standards for the holding of an | ||||||
6 | occupational license as
adopted by rules of the Board. Such | ||||||
7 | rules shall provide that any person or
entity seeking an | ||||||
8 | occupational license to manage gambling operations
| ||||||
9 | hereunder shall be subject to background inquiries and | ||||||
10 | further requirements
similar to those required of | ||||||
11 | applicants for an owners license.
Furthermore, such rules | ||||||
12 | shall provide that each such entity shall be
permitted to | ||||||
13 | manage gambling operations for only one licensed owner.
| ||||||
14 | (b) Each application for an occupational license shall be | ||||||
15 | on forms
prescribed by the Board and shall contain all | ||||||
16 | information required by the
Board. The applicant shall set | ||||||
17 | forth in the application: whether he has been
issued prior | ||||||
18 | gambling related licenses; whether he has been licensed in any
| ||||||
19 | other state under any other name, and, if so, such name and his | ||||||
20 | age; and
whether or not a permit or license issued to him in | ||||||
21 | any other state has
been suspended, restricted or revoked, and, | ||||||
22 | if so, for what period of time.
| ||||||
23 | (c) Each applicant shall submit with his application, on | ||||||
24 | forms provided
by the Board, 2 sets of his fingerprints. The | ||||||
25 | Board shall charge each
applicant a fee set by the Department | ||||||
26 | of State Police to defray the costs
associated with the search |
| |||||||
| |||||||
1 | and classification of fingerprints obtained by
the Board with | ||||||
2 | respect to the applicant's application. These fees shall be
| ||||||
3 | paid into the State Police Services Fund.
| ||||||
4 | (d) The Board may in its discretion refuse an occupational | ||||||
5 | license to
any person: (1) who is unqualified to perform the | ||||||
6 | duties required of such
applicant; (2) who fails to disclose or | ||||||
7 | states falsely any information
called for in the application; | ||||||
8 | (3) who has been found guilty of a
violation of this Act or | ||||||
9 | whose prior gambling related license or
application therefor | ||||||
10 | has been suspended, restricted, revoked or denied for
just | ||||||
11 | cause in any other state; or (4) for any other just cause.
| ||||||
12 | (e) The Board may suspend, revoke or restrict any | ||||||
13 | occupational licensee:
(1) for violation of any provision of | ||||||
14 | this Act; (2) for violation of any
of the rules and regulations | ||||||
15 | of the Board; (3) for any cause which, if
known to the Board, | ||||||
16 | would have disqualified the applicant from receiving
such | ||||||
17 | license; or (4) for default in the payment of any obligation or | ||||||
18 | debt
due to the State of Illinois; or (5) for any other just | ||||||
19 | cause.
| ||||||
20 | (f) A person who knowingly makes a false statement on an | ||||||
21 | application is
guilty of a Class A misdemeanor.
| ||||||
22 | (g) Any license issued pursuant to this Section shall be | ||||||
23 | valid for a
period of one year from the date of issuance.
| ||||||
24 | (h) Nothing in this Act shall be interpreted to prohibit a | ||||||
25 | licensed
owner or organization licensee from entering into an | ||||||
26 | agreement
with a
school approved under the
Private Business and |
| |||||||
| |||||||
1 | Vocational Schools Act for the training of any
occupational | ||||||
2 | licensee. Any training offered by such a school shall be in
| ||||||
3 | accordance with a written agreement between the licensed owner | ||||||
4 | or organization licensee and the school.
| ||||||
5 | (i) Any training provided for occupational licensees may be | ||||||
6 | conducted
either at the site of the gambling facility
on the | ||||||
7 | riverboat or at a
school with which a licensed owner or | ||||||
8 | organization licensee has
entered into an agreement pursuant to | ||||||
9 | subsection (h).
| ||||||
10 | (Source: P.A. 86-1029; 87-826.)
| ||||||
11 | (230 ILCS 10/10) (from Ch. 120, par. 2410)
| ||||||
12 | Sec. 10. Bond of licensee. Before an owners license , other | ||||||
13 | than the Authority's license, is issued or
re-issued or a | ||||||
14 | managers license or casino operators license is issued, the
| ||||||
15 | licensee shall post a bond in the sum of $200,000 to the State | ||||||
16 | of Illinois.
The bond shall be used to guarantee that the | ||||||
17 | licensee
faithfully makes the payments, keeps his books and | ||||||
18 | records and makes
reports, and conducts his games of chance in | ||||||
19 | conformity with this Act and
the rules adopted by the Board. | ||||||
20 | The bond shall not be canceled by a
surety on less than 30 days | ||||||
21 | notice in writing to the Board.
If a bond is canceled and the | ||||||
22 | licensee fails to file a new bond with the
Board in the | ||||||
23 | required amount on or before the effective date of
| ||||||
24 | cancellation, the licensee's license shall be revoked. The | ||||||
25 | total and
aggregate liability of the surety on the bond is |
| |||||||
| |||||||
1 | limited to the amount
specified in the bond.
| ||||||
2 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
3 | (230 ILCS 10/11) (from Ch. 120, par. 2411)
| ||||||
4 | Sec. 11. Conduct of gambling. Gambling may be conducted by | ||||||
5 | licensed owners or licensed managers on behalf
of the State or | ||||||
6 | by casino operators on behalf of the Authority aboard | ||||||
7 | riverboats or in a casino. If authorized by the Board by rule, | ||||||
8 | an owners licensee may
move
gaming positions to a "temporary | ||||||
9 | facility" as that term is defined in Section 7(h-6) or to a | ||||||
10 | land-based facility as provided in Section 7(h-6)
and use those | ||||||
11 | gaming positions to conduct gambling as provided in Section | ||||||
12 | 7(h-6). Gambling authorized under this Section shall
be ,
| ||||||
13 | subject to the following standards:
| ||||||
14 | (1) A licensee may conduct riverboat gambling | ||||||
15 | authorized under this Act
regardless of whether it conducts | ||||||
16 | excursion cruises. A licensee may permit
the continuous | ||||||
17 | ingress and egress of patrons
passengers for the purpose of | ||||||
18 | gambling.
| ||||||
19 | (2) (Blank).
| ||||||
20 | (3) Minimum and maximum wagers on games shall be set by | ||||||
21 | the licensee.
| ||||||
22 | (4) Agents of the Board and the Department of State | ||||||
23 | Police may board
and inspect any riverboat or enter and | ||||||
24 | inspect any portion of a casino at any time for the purpose | ||||||
25 | of determining
whether this Act is being complied with. |
| |||||||
| |||||||
1 | Every riverboat, if under way and
being hailed by a law | ||||||
2 | enforcement officer or agent of the Board, must stop
| ||||||
3 | immediately and lay to.
| ||||||
4 | (5) Employees of the Board shall have the right to be | ||||||
5 | present on the
riverboat or in the casino or on adjacent | ||||||
6 | facilities under the control of the licensee.
| ||||||
7 | (6) Gambling equipment and supplies customarily used | ||||||
8 | in conducting
riverboat gambling games must be purchased or | ||||||
9 | leased only from suppliers licensed
for such purpose under | ||||||
10 | this Act.
| ||||||
11 | (7) Persons licensed under this Act shall permit no | ||||||
12 | form of wagering on
gambling games except as permitted by | ||||||
13 | this Act.
| ||||||
14 | (8) Wagers may be received only from a person present | ||||||
15 | on a licensed
riverboat or in a casino . No person present | ||||||
16 | on a licensed riverboat or in a casino shall place
or | ||||||
17 | attempt to place a wager on behalf of another person who is | ||||||
18 | not present
on the riverboat or in the casino .
| ||||||
19 | (9) Wagering shall not be conducted with money or other | ||||||
20 | negotiable
currency.
| ||||||
21 | (10) A person under age 21 shall not be permitted on an | ||||||
22 | area of a
riverboat or casino where gambling is being | ||||||
23 | conducted, except for a person at least
18 years of age who | ||||||
24 | is an employee of the riverboat or casino gambling | ||||||
25 | operation. No
employee under age 21 shall perform any | ||||||
26 | function involved in gambling by
the patrons. No person |
| |||||||
| |||||||
1 | under age 21 shall be permitted to make a wager under
this | ||||||
2 | Act.
| ||||||
3 | (11) Gambling excursion cruises are permitted only | ||||||
4 | when the waterway for
which the riverboat is licensed is | ||||||
5 | navigable, as determined by
the Board in consultation with | ||||||
6 | the U.S. Army Corps of Engineers.
This paragraph (11) does | ||||||
7 | not limit the ability of a licensee to conduct
gambling | ||||||
8 | authorized under this Act when gambling excursion cruises | ||||||
9 | are not
permitted.
| ||||||
10 | (12) All tokens, chips or electronic cards used to make | ||||||
11 | wagers must be
purchased from a licensed owner or manager , | ||||||
12 | in the case of a riverboat or of a casino either aboard the
| ||||||
13 | a riverboat or at the casino or , in the case of a | ||||||
14 | riverboat, at
an onshore
facility which has been approved | ||||||
15 | by the Board and which is located where
the riverboat | ||||||
16 | docks. The tokens, chips or electronic cards may be
| ||||||
17 | purchased by means of an agreement under which the owner or | ||||||
18 | manager extends
credit to
the patron. Such tokens, chips or | ||||||
19 | electronic cards may be used
while aboard the riverboat or | ||||||
20 | in the casino only for the purpose of making wagers on
| ||||||
21 | gambling games.
| ||||||
22 | (13) Notwithstanding any other Section of this Act, in | ||||||
23 | addition to the
other licenses authorized under this Act, | ||||||
24 | the Board may issue special event
licenses allowing persons | ||||||
25 | who are not otherwise licensed to conduct
riverboat | ||||||
26 | gambling to conduct such gambling on a specified date or |
| |||||||
| |||||||
1 | series
of dates. Riverboat gambling under such a license | ||||||
2 | may take place on a
riverboat not normally used for | ||||||
3 | riverboat gambling. The Board shall
establish standards, | ||||||
4 | fees and fines for, and limitations upon, such
licenses, | ||||||
5 | which may differ from the standards, fees, fines and | ||||||
6 | limitations
otherwise applicable under this Act. All such | ||||||
7 | fees shall be deposited into
the State Gaming Fund. All | ||||||
8 | such fines shall be deposited into the
Education Assistance | ||||||
9 | Fund, created by Public Act 86-0018, of the State
of | ||||||
10 | Illinois.
| ||||||
11 | (14) In addition to the above, gambling must be | ||||||
12 | conducted in accordance
with all rules adopted by the | ||||||
13 | Board.
| ||||||
14 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
15 | (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
| ||||||
16 | Sec. 11.1. Collection of amounts owing under credit | ||||||
17 | agreements. Notwithstanding any applicable statutory provision | ||||||
18 | to the contrary, a
licensed owner ,
or manager , or organization | ||||||
19 | licensee who extends credit to a riverboat or casino gambling | ||||||
20 | patron
pursuant
to Section 11 (a) (12) of this Act is expressly | ||||||
21 | authorized to institute a
cause of action to collect any | ||||||
22 | amounts due and owing under the extension of
credit, as well as | ||||||
23 | the owner's or manager's costs, expenses and reasonable
| ||||||
24 | attorney's
fees incurred in collection.
| ||||||
25 | (Source: P.A. 93-28, eff. 6-20-03.)
|
| |||||||
| |||||||
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 riverboats | ||||||
4 | and casinos operated by
licensed owners and upon admissions to | ||||||
5 | casinos and riverboats operated by casino operators on behalf | ||||||
6 | of the Authority authorized pursuant to this Act. Until July 1, | ||||||
7 | 2002, the
rate is $2 per person admitted. From July 1, 2002 | ||||||
8 | until
July 1, 2003, the rate is $3 per person admitted.
From | ||||||
9 | July 1, 2003 until the effective date of this amendatory Act of | ||||||
10 | the 94th General Assembly, for a licensee that admitted | ||||||
11 | 1,000,000 persons or
fewer in the previous calendar year, the | ||||||
12 | rate is $3 per person admitted; for a
licensee that admitted | ||||||
13 | more than 1,000,000 but no more than 2,300,000 persons
in the | ||||||
14 | previous calendar year, the rate is $4 per person admitted; and | ||||||
15 | for
a licensee that admitted more than 2,300,000 persons in the | ||||||
16 | previous calendar
year, the rate is $5 per person admitted.
| ||||||
17 | Beginning on August 23, 2005 ( the effective date of Public Act | ||||||
18 | 94-673) and until the effective date of this amendatory Act of | ||||||
19 | the 95th General Assembly
this amendatory Act of the 94th | ||||||
20 | General Assembly , for a licensee that admitted 1,000,000 | ||||||
21 | persons or
fewer in calendar year 2004, the rate is $2 per | ||||||
22 | person admitted, and for all other
licensees the rate is $3 per | ||||||
23 | person admitted.
Beginning on the effective date of this | ||||||
24 | amendatory Act of the 95th General Assembly, for a licensee | ||||||
25 | that conducted riverboat gambling operations in calendar year |
| |||||||
| |||||||
1 | 2003 and (i) admitted 1,000,000 persons or
fewer in the | ||||||
2 | calendar year 2003, the rate is $1 per person admitted; (ii) | ||||||
3 | admitted more than 1,000,000 persons but fewer than 1,500,000 | ||||||
4 | persons, the rate is $2 per person admitted; and (iii) admitted | ||||||
5 | 1,500,000 persons or more, the rate is $3 per person admitted. | ||||||
6 | For a licensee that receives its license under subsection (e-5) | ||||||
7 | or (e-6) of Section 7 or that conducts riverboat gambling | ||||||
8 | operations pursuant to a dormant license, the rate is $3 per | ||||||
9 | person admitted. This admission tax is imposed upon the
| ||||||
10 | licensed owner conducting gambling. For the purposes of this | ||||||
11 | Section 12, the term "dormant license" has the meaning set | ||||||
12 | forth under subsection (a-3) of Section 13.
| ||||||
13 | (1) The admission tax shall be paid for each admission , | ||||||
14 | except that a
person who exits a riverboat gambling | ||||||
15 | facility or a casino and reenters that riverboat
gambling | ||||||
16 | facility or casino within the same gaming day, as the term | ||||||
17 | "gaming day" is defined by the Board by rule,
shall be | ||||||
18 | subject only to the initial admission tax. The Board shall | ||||||
19 | establish, by rule, a procedure to determine whether a | ||||||
20 | person admitted to a riverboat gambling facility or casino | ||||||
21 | has paid the admission tax .
| ||||||
22 | (2) (Blank).
| ||||||
23 | (3) An owners licensee and the Authority
The riverboat | ||||||
24 | licensee may issue tax-free passes to
actual and necessary | ||||||
25 | officials and employees of the licensee or other
persons | ||||||
26 | actually working on the riverboat or in the casino .
|
| |||||||
| |||||||
1 | (4) The number and issuance of tax-free passes is | ||||||
2 | subject to the rules
of the Board, and a list of all | ||||||
3 | persons to whom the tax-free passes are
issued shall be | ||||||
4 | filed with the Board.
| ||||||
5 | (a-5) A fee is hereby imposed upon admissions operated by | ||||||
6 | licensed
managers on behalf of the State pursuant to Section | ||||||
7 | 7.3 at the rates provided
in
this subsection (a-5). For a | ||||||
8 | licensee that
admitted 1,000,000 persons or fewer in the | ||||||
9 | previous calendar year, the rate is
$3 per person admitted; for | ||||||
10 | a licensee that admitted more than 1,000,000 but no
more than | ||||||
11 | 2,300,000 persons
in the previous calendar year, the rate is $4 | ||||||
12 | per person admitted; and for
a licensee that admitted more than | ||||||
13 | 2,300,000 persons in the previous calendar
year, the rate is $5 | ||||||
14 | per person admitted.
| ||||||
15 | (1) The admission fee shall be paid for each admission.
| ||||||
16 | (2) (Blank).
| ||||||
17 | (3) The licensed manager may issue fee-free passes to | ||||||
18 | actual and necessary
officials and employees of the manager | ||||||
19 | or other persons actually working on the
riverboat.
| ||||||
20 | (4) The number and issuance of fee-free passes is | ||||||
21 | subject to the rules
of the Board, and a list of all | ||||||
22 | persons to whom the fee-free passes are
issued shall be | ||||||
23 | filed with the Board.
| ||||||
24 | (b) From the tax imposed under subsection (a) and the fee | ||||||
25 | imposed under
subsection (a-5), a municipality shall receive | ||||||
26 | from the State $1 for each
person embarking on a riverboat |
| |||||||
| |||||||
1 | docked within the municipality or entering a casino located | ||||||
2 | within the municipality , and a county
shall receive $1 for each | ||||||
3 | person entering a casino or embarking on a riverboat docked | ||||||
4 | within the
county but outside the boundaries of any | ||||||
5 | municipality. The municipality's or
county's share shall be | ||||||
6 | collected by the Board on behalf of the State and
remitted | ||||||
7 | quarterly by the State, subject to appropriation, to the | ||||||
8 | treasurer of
the unit of local government for deposit in the | ||||||
9 | general fund. For each admission in excess of 1,500,000 in a | ||||||
10 | year, from the tax imposed under this Section, the county in | ||||||
11 | which the licensee's home dock is located shall receive, | ||||||
12 | subject to appropriation, $0.15, which shall be in addition to | ||||||
13 | any other moneys paid to the county under this Section.
| ||||||
14 | (c) The licensed owner and the licensed casino operator | ||||||
15 | conducting gambling operations on behalf of the Authority shall | ||||||
16 | pay the entire admission tax to the Board and
the licensed | ||||||
17 | manager shall pay the entire admission fee to the Board.
Such | ||||||
18 | payments shall be made daily. Accompanying each payment shall | ||||||
19 | be a
return on forms provided by the Board which shall include | ||||||
20 | other
information regarding admissions as the Board may | ||||||
21 | require. Failure to
submit either the payment or the return | ||||||
22 | within the specified time may
result in suspension or | ||||||
23 | revocation of the owners or managers license.
| ||||||
24 | (d) The Board shall administer and collect the admission | ||||||
25 | tax imposed by
this Section, to the extent practicable, in a | ||||||
26 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
| |||||||
| |||||||
1 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the | ||||||
2 | Retailers' Occupation Tax Act and
Section 3-7 of the Uniform | ||||||
3 | Penalty and Interest Act.
| ||||||
4 | (Source: P.A. 93-27, eff. 6-20-03; 93-28, eff. 6-20-03; 94-673, | ||||||
5 | eff. 8-23-05.)
| ||||||
6 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
7 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
8 | (a) Until January 1, 1998, a tax is imposed on the adjusted
| ||||||
9 | gross
gaming receipts received from gambling games authorized | ||||||
10 | under this Act at the rate of
20%.
| ||||||
11 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
12 | tax is
imposed on persons engaged in the business of conducting | ||||||
13 | riverboat gambling
operations, based on the adjusted gross | ||||||
14 | gaming receipts received by a licensed owner
from gambling | ||||||
15 | games authorized under this Act at the following rates:
| ||||||
16 | 15% of annual adjusted gross gaming receipts up to and | ||||||
17 | including $25,000,000;
| ||||||
18 | 20% of annual adjusted gross gaming receipts in excess | ||||||
19 | of $25,000,000 but not
exceeding $50,000,000;
| ||||||
20 | 25% of annual adjusted gross gaming receipts in excess | ||||||
21 | of $50,000,000 but not
exceeding $75,000,000;
| ||||||
22 | 30% of annual adjusted gross gaming receipts in excess | ||||||
23 | of $75,000,000 but not
exceeding $100,000,000;
| ||||||
24 | 35% of annual adjusted gross gaming receipts in excess | ||||||
25 | of $100,000,000.
|
| |||||||
| |||||||
1 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
2 | is imposed on
persons engaged in the business of conducting | ||||||
3 | riverboat gambling operations,
other than licensed managers | ||||||
4 | conducting riverboat gambling operations on behalf
of the | ||||||
5 | State, based on the adjusted gross gaming receipts received by | ||||||
6 | a licensed
owner from gambling games authorized under this Act | ||||||
7 | at the following rates:
| ||||||
8 | 15% of annual adjusted gross gaming receipts up to and | ||||||
9 | including $25,000,000;
| ||||||
10 | 22.5% of annual adjusted gross gaming receipts in | ||||||
11 | excess of $25,000,000 but not
exceeding $50,000,000;
| ||||||
12 | 27.5% of annual adjusted gross gaming receipts in | ||||||
13 | excess of $50,000,000 but not
exceeding $75,000,000;
| ||||||
14 | 32.5% of annual adjusted gross gaming receipts in | ||||||
15 | excess of $75,000,000 but not
exceeding $100,000,000;
| ||||||
16 | 37.5% of annual adjusted gross gaming receipts in | ||||||
17 | excess of $100,000,000 but not
exceeding $150,000,000;
| ||||||
18 | 45% of annual adjusted gross gaming receipts in excess | ||||||
19 | of $150,000,000 but not
exceeding $200,000,000;
| ||||||
20 | 50% of annual adjusted gross gaming receipts in excess | ||||||
21 | of $200,000,000.
| ||||||
22 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
23 | persons engaged
in the business of conducting riverboat | ||||||
24 | gambling operations, other than
licensed managers conducting | ||||||
25 | riverboat gambling operations on behalf of the
State, based on | ||||||
26 | the adjusted gross gaming receipts received by a licensed owner |
| |||||||
| |||||||
1 | from
gambling games authorized under this Act at the following | ||||||
2 | rates:
| ||||||
3 | 15% of annual adjusted gross gaming receipts up to and | ||||||
4 | including $25,000,000;
| ||||||
5 | 27.5% of annual adjusted gross gaming receipts in | ||||||
6 | excess of $25,000,000 but not
exceeding $37,500,000;
| ||||||
7 | 32.5% of annual adjusted gross gaming receipts in | ||||||
8 | excess of $37,500,000 but not
exceeding $50,000,000;
| ||||||
9 | 37.5% of annual adjusted gross gaming receipts in | ||||||
10 | excess of $50,000,000 but not
exceeding $75,000,000;
| ||||||
11 | 45% of annual adjusted gross gaming receipts in excess | ||||||
12 | of $75,000,000 but not
exceeding $100,000,000;
| ||||||
13 | 50% of annual adjusted gross gaming receipts in excess | ||||||
14 | of $100,000,000 but not
exceeding $250,000,000;
| ||||||
15 | 70% of annual adjusted gross gaming receipts in excess | ||||||
16 | of $250,000,000.
| ||||||
17 | An amount equal to the amount of wagering taxes collected | ||||||
18 | under this
subsection (a-3) that are in addition to the amount | ||||||
19 | of wagering taxes that
would have been collected if the | ||||||
20 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
21 | be paid into the Common School Fund.
| ||||||
22 | The privilege tax imposed under this subsection (a-3) shall | ||||||
23 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
24 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
25 | gambling operations are conducted
pursuant to a dormant | ||||||
26 | license; or (iii) the first day that riverboat gambling
|
| |||||||
| |||||||
1 | operations are conducted under the authority of an owners | ||||||
2 | license that is in
addition to the 10 owners licenses initially | ||||||
3 | authorized under this Act.
For the purposes of this subsection | ||||||
4 | (a-3), the term "dormant license"
means an owners license that | ||||||
5 | is authorized by this Act under which no
riverboat gambling | ||||||
6 | operations are being conducted on June 20, 2003.
| ||||||
7 | (a-4) Beginning on the first day on which the tax imposed | ||||||
8 | under
subsection (a-3) is no longer imposed, a privilege tax is | ||||||
9 | imposed on persons
engaged in the business of conducting | ||||||
10 | riverboat or casino gambling operations, other
than licensed | ||||||
11 | managers conducting riverboat gambling operations on behalf of
| ||||||
12 | the State, based on the adjusted gross gaming receipts received | ||||||
13 | by a licensed owner or by the Authority
from gambling games | ||||||
14 | authorized under this Act at the following rates:
| ||||||
15 | 15% of annual adjusted gross gaming receipts up to and | ||||||
16 | including $25,000,000;
| ||||||
17 | 22.5% of annual adjusted gross gaming receipts in | ||||||
18 | excess of $25,000,000 but not
exceeding $50,000,000;
| ||||||
19 | 27.5% of annual adjusted gross gaming receipts in | ||||||
20 | excess of $50,000,000 but not
exceeding $75,000,000;
| ||||||
21 | 32.5% of annual adjusted gross gaming receipts in | ||||||
22 | excess of $75,000,000 but not
exceeding $100,000,000;
| ||||||
23 | 37.5% of annual adjusted gross gaming receipts in | ||||||
24 | excess of $100,000,000 but not
exceeding $150,000,000;
| ||||||
25 | 45% of annual adjusted gross gaming receipts in excess | ||||||
26 | of $150,000,000 but not
exceeding $200,000,000;
|
| |||||||
| |||||||
1 | 50% of annual adjusted gross gaming receipts in excess | ||||||
2 | of $200,000,000.
| ||||||
3 | For the imposition of the privilege tax in this subsection | ||||||
4 | (a-4), amounts paid pursuant to subsection (a) of Section 7 | ||||||
5 | into the Horse Racing Equity Trust Fund shall not be included | ||||||
6 | in the determination of annual gross gaming receipts.
| ||||||
7 | (a-8) Riverboat gambling operations conducted by a | ||||||
8 | licensed manager on
behalf of the State are not subject to the | ||||||
9 | tax imposed under this Section.
| ||||||
10 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
11 | the licensed
owner , or by the casino operator on behalf of the | ||||||
12 | Authority in the case of a license issued to the Authority, to | ||||||
13 | the Board not later than 3:00 o'clock p.m. of the day after the | ||||||
14 | day
when the wagers were made.
| ||||||
15 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
16 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
17 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
18 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
19 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
20 | the payment of all amounts otherwise due under this Section, | ||||||
21 | pay to the Board a reconciliation payment in the amount, if | ||||||
22 | any, by which the licensed owner's base amount exceeds the | ||||||
23 | amount of net privilege tax paid by the licensed owner to the | ||||||
24 | Board in the then current State fiscal year. A licensed owner's | ||||||
25 | net privilege tax obligation due for the balance of the State | ||||||
26 | fiscal year shall be reduced up to the total of the amount paid |
| |||||||
| |||||||
1 | by the licensed owner in its June 15 reconciliation payment. | ||||||
2 | The obligation imposed by this subsection (a-15) is binding on | ||||||
3 | any person, firm, corporation, or other entity that acquires an | ||||||
4 | ownership interest in any such owners license. The obligation | ||||||
5 | imposed under this subsection (a-15) terminates on the earliest | ||||||
6 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
7 | date of this amendatory Act of the 94th General Assembly that | ||||||
8 | riverboat gambling operations are conducted pursuant to a | ||||||
9 | dormant license, (iii) the first day that riverboat gambling | ||||||
10 | operations are conducted under the authority of an owners | ||||||
11 | license that is in addition to the 10 owners licenses initially | ||||||
12 | authorized under this Act, or (iv) the first day that a | ||||||
13 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
14 | gaming operations with slot machines or other electronic gaming | ||||||
15 | devices. The Board must reduce the obligation imposed under | ||||||
16 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
17 | for any of the following reasons: (A) an act or acts of God, | ||||||
18 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
19 | terrorism threat that was investigated by a law enforcement | ||||||
20 | agency, or (C) a condition beyond the control of the owners | ||||||
21 | licensee that does not result from any act or omission by the | ||||||
22 | owners licensee or any of its agents and that poses a hazardous | ||||||
23 | threat to the health and safety of patrons. If an owners | ||||||
24 | licensee pays an amount in excess of its liability under this | ||||||
25 | Section, the Board shall apply the overpayment to future | ||||||
26 | payments required under this Section. |
| |||||||
| |||||||
1 | For purposes of this subsection (a-15): | ||||||
2 | "Act of God" means an incident caused by the operation of | ||||||
3 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
4 | avoided by the exercise of due care, and for which no person | ||||||
5 | can be held liable.
| ||||||
6 | "Base amount" means the following: | ||||||
7 | For a riverboat in Alton, $31,000,000.
| ||||||
8 | For a riverboat in East Peoria, $43,000,000.
| ||||||
9 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
10 | For a riverboat in Metropolis, $45,000,000.
| ||||||
11 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
12 | For a riverboat in Aurora, $86,000,000.
| ||||||
13 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
14 | For a riverboat in Elgin, $198,000,000.
| ||||||
15 | "Dormant license" has the meaning ascribed to it in | ||||||
16 | subsection (a-3).
| ||||||
17 | "Net privilege tax" means all privilege taxes paid by a | ||||||
18 | licensed owner to the Board under this Section, less all | ||||||
19 | payments made from the State Gaming Fund pursuant to subsection | ||||||
20 | (b) of this Section. | ||||||
21 | The changes made to this subsection (a-15) by Public Act | ||||||
22 | 94-839
this amendatory Act of the 94th General Assembly are | ||||||
23 | intended to restate and clarify the intent of Public Act 94-673 | ||||||
24 | with respect to the amount of the payments required to be made | ||||||
25 | under this subsection by an owners licensee to the Board.
| ||||||
26 | (b) Until January 1, 1998, 25% of the tax revenue deposited |
| |||||||
| |||||||
1 | in the State
Gaming Fund under this Section shall be paid, | ||||||
2 | subject to appropriation by the
General Assembly, to the unit | ||||||
3 | of local government which is designated as the
home dock of the | ||||||
4 | riverboat. Except as otherwise provided in this subsection (b), | ||||||
5 | beginning
Beginning January 1, 1998, from the tax revenue
from | ||||||
6 | riverboat gambling deposited in the State Gaming Fund under | ||||||
7 | this Section, an amount equal to 5% of
(i) an amount equal to | ||||||
8 | the
adjusted gross gaming receipts generated by a riverboat
| ||||||
9 | minus (ii) the gross gaming receipts of the gaming positions | ||||||
10 | authorized under subsection (h-5) of Section 7 generated by a | ||||||
11 | riverboat, shall be paid monthly, subject
to appropriation by | ||||||
12 | the General Assembly, to the unit of local government that
is | ||||||
13 | designated as the home dock of the riverboat. From the tax | ||||||
14 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
15 | riverboat gambling operations
conducted by a licensed manager | ||||||
16 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
17 | gaming receipts generated pursuant to those riverboat gambling
| ||||||
18 | operations 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 upon which
those | ||||||
21 | riverboat gambling operations are conducted. For the purposes | ||||||
22 | of this subsection (b), the gross gaming receipts from the | ||||||
23 | gaming positions required under subsection (h-5) of Section 7 | ||||||
24 | shall be calculated in the same manner as provided in | ||||||
25 | subsection (c-30).
| ||||||
26 | (b-2) The State Comptroller shall order transferred and the |
| |||||||
| |||||||
1 | State Treasurer shall transfer $229,000,000 from the State | ||||||
2 | Gaming Fund to the General Revenue Fund as follows: one-ninth | ||||||
3 | of $229,000,000 on the first day of the month, or as soon | ||||||
4 | thereafter as possible, each month beginning October 2007 | ||||||
5 | through June 2008. Of the amounts transferred to the General | ||||||
6 | Revenue Fund under this subsection (b-2), $200,000,000 shall be | ||||||
7 | appropriated solely for the purpose of providing funding to the | ||||||
8 | Regional Transportation Authority and its Service Boards and | ||||||
9 | $29,000,000 shall be appropriated solely for the purpose of | ||||||
10 | providing funding for downstate public transportation. From | ||||||
11 | the total amount of moneys deposited into the State Gaming Fund | ||||||
12 | from the issuance of the licenses authorized under subsections | ||||||
13 | (e-5) and (e-6) of Section 7, (i) the first $229,000,000 shall | ||||||
14 | be retained in the State Gaming Fund and shall be distributed | ||||||
15 | as otherwise provided, (ii) an amount equal to 30% of the | ||||||
16 | remainder shall be transferred to the Education Assistance | ||||||
17 | Fund, and (iii) an amount equal to 70% of the remainder shall | ||||||
18 | be transferred to the Capital Program Acceleration Fund. | ||||||
19 | (b-3) From the total amount of moneys deposited in the | ||||||
20 | State Gaming Fund from the issuance of any additional gaming | ||||||
21 | positions authorized by Section (h-5) of Section 7 (1) an | ||||||
22 | amount equal to 30% shall be transferred to the Education | ||||||
23 | Assistance Fund and (2) an amount equal to 70% shall be | ||||||
24 | transferred to the General Obligation Bond Retirement and | ||||||
25 | Interest Fund.
| ||||||
26 | (b-5) An amount equal to 1% of the gross gaming receipts |
| |||||||
| |||||||
1 | from owners licenses issued on or after the effective date of | ||||||
2 | this amendatory Act of the 95th General Assembly authorizing | ||||||
3 | casino gambling in Cook County shall be paid monthly, subject | ||||||
4 | to appropriation by the General Assembly, to the Depressed | ||||||
5 | Communities Economic Development Fund, which is created as a | ||||||
6 | special fund in the State treasury. The Department of Commerce | ||||||
7 | and Economic Opportunity shall administer the Fund and use | ||||||
8 | moneys in the Fund to make grants for plans for revitalization | ||||||
9 | of communities within Cook County. The Department of Commerce | ||||||
10 | and Economic Opportunity may make grants in accordance with the | ||||||
11 | recommendations of the Depressed Communities Economic | ||||||
12 | Development Board.
| ||||||
13 | (b-10) Beginning on the effective date of this amendatory | ||||||
14 | Act of the 95th General Assembly, an amount equal to | ||||||
15 | one-twelfth of $3,000,000 shall be paid monthly from the State | ||||||
16 | Gaming Fund into the Illinois Colt Stakes Purse Distribution | ||||||
17 | Fund to be used for horse racing purses at the Illinois State | ||||||
18 | Fair and DuQuoin State Fair and for bonus programs to pay | ||||||
19 | owners of horses that win multiple stake races that are | ||||||
20 | restricted to Illinois conceived and foaled horses. | ||||||
21 | (b-15) Beginning on the effective date of this amendatory | ||||||
22 | Act of the 95th General Assembly, an amount equal to | ||||||
23 | one-twelfth of $100,000 shall be transferred monthly from the | ||||||
24 | State Gaming Fund to the Agricultural Premium Fund to be used | ||||||
25 | for drug testing of horses at county fairs authorized in | ||||||
26 | Section 34.3 of the Illinois Horse Racing Act of 1975.
|
| |||||||
| |||||||
1 | (c) Appropriations, as approved by the General Assembly, | ||||||
2 | may be made
from the State Gaming Fund to the Department of | ||||||
3 | Revenue and the Department
of State Police for the | ||||||
4 | administration and enforcement of this Act, or to the
| ||||||
5 | Department of Human Services for the administration of programs | ||||||
6 | to treat
problem gambling.
| ||||||
7 | (c-5)
(Blank).
Before the effective date of
this amendatory | ||||||
8 | Act of the 94th General Assembly and beginning 2 years after | ||||||
9 | the effective date of
this amendatory Act of the 94th General | ||||||
10 | Assembly, after the payments required under subsections (b) and | ||||||
11 | (c) have been
made, an amount equal to 15% of the adjusted | ||||||
12 | gross receipts of (1) an owners
licensee that relocates | ||||||
13 | pursuant to Section 11.2,
(2) an owners licensee
conducting | ||||||
14 | riverboat gambling operations
pursuant to an
owners license | ||||||
15 | that is initially issued after June
25, 1999,
or (3) the first
| ||||||
16 | riverboat gambling operations conducted by a licensed manager | ||||||
17 | on behalf of the
State under Section 7.3,
whichever comes | ||||||
18 | first, shall be paid from the State
Gaming Fund into the Horse | ||||||
19 | Racing Equity Fund.
| ||||||
20 | (c-10) (Blank).
Each year the General Assembly shall | ||||||
21 | appropriate from the General
Revenue Fund to the Education | ||||||
22 | Assistance Fund an amount equal to the amount
paid into the | ||||||
23 | Horse Racing Equity Fund pursuant to subsection (c-5) in the
| ||||||
24 | prior calendar year.
| ||||||
25 | (c-15) (Blank).
After the payments required under | ||||||
26 | subsections (b), (c), and (c-5)
have been made, an amount equal |
| |||||||
| |||||||
1 | to 2% of the adjusted gross receipts of (1)
an owners licensee | ||||||
2 | that relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
3 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
4 | license that is initially issued after June 25, 1999,
or (3) | ||||||
5 | the first
riverboat gambling operations conducted by a licensed | ||||||
6 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
7 | comes first, shall be paid, subject to appropriation
from the | ||||||
8 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
9 | county with a population of over 3,000,000 inhabitants for the | ||||||
10 | purpose of
enhancing the county's criminal justice system.
| ||||||
11 | (c-20) (Blank).
Each year the General Assembly shall | ||||||
12 | appropriate from the General
Revenue Fund to the Education | ||||||
13 | Assistance Fund an amount equal to the amount
paid to each home | ||||||
14 | rule county with a population of over 3,000,000 inhabitants
| ||||||
15 | pursuant to subsection (c-15) in the prior calendar year.
| ||||||
16 | (c-25) After the payments required under subsections (b), | ||||||
17 | (b-5), (b-10), (b-15), and (c) , (c-5) and
(c-15) have been | ||||||
18 | made, an amount equal to 2% of the
adjusted gross gaming
| ||||||
19 | receipts of (1)
an owners licensee
that
relocates pursuant to | ||||||
20 | Section 11.2, (2)
the first
an
owners
licensee conducting | ||||||
21 | riverboat gambling operations pursuant to
an
owners license
| ||||||
22 | that is initially issued after June 25, 1999,
or (3) the first
| ||||||
23 | riverboat gambling operations conducted by a licensed manager | ||||||
24 | on behalf of the
State under Section 7.3,
whichever
comes | ||||||
25 | first,
shall be paid from the State
Gaming Fund to Chicago | ||||||
26 | State University.
|
| |||||||
| |||||||
1 | (c-30) After the payments required under subsections (b), | ||||||
2 | (b-5), (b-10), (b-15), (c), and (c-25) have been made, (1) an | ||||||
3 | amount equal to 30% of moneys deposited into the State Gaming | ||||||
4 | Fund pursuant to this Section by owners licensees authorized | ||||||
5 | under subsections (e-5) and (e-6) of Section 7 and any | ||||||
6 | additional gaming positions authorized under subsection (h-5) | ||||||
7 | of Section 7 shall be paid monthly, subject to appropriation by | ||||||
8 | the General Assembly, to the Education Assistance Fund, and (2) | ||||||
9 | an amount equal to 70% of moneys deposited into the State | ||||||
10 | Gaming Fund pursuant to this Section by owners licensees | ||||||
11 | authorized under subsections (e-5) and (e-6) of Section 7 and | ||||||
12 | from any additional gaming positions authorized under | ||||||
13 | subsection (h-5) of Section 7 shall be paid monthly, subject to | ||||||
14 | appropriation by the General Assembly, to the General | ||||||
15 | Obligation Bond Retirement and Interest Fund.
For the purposes | ||||||
16 | of this subsection (c-30), the gross gaming receipts from the | ||||||
17 | additional gaming positions authorized under subsection (h-5) | ||||||
18 | of Section 7 shall be calculated in the same manner as provided | ||||||
19 | in subsection (c-35).
| ||||||
20 | (c-35) After the payments required under subsections (b), | ||||||
21 | (b-5), (b-10), (b-15), (c), (c-25), and (c-30) have been made, | ||||||
22 | an amount equal to 1% of the gross gaming receipts (i) from | ||||||
23 | gaming positions acquired under subsection (h-5) of Section 7 | ||||||
24 | of an owners licensee that docks on the Mississippi River, the | ||||||
25 | Illinois River, or the Ohio River and (ii) of an owners | ||||||
26 | licensee that is authorized under subsection (e-5) of Section 7 |
| |||||||
| |||||||
1 | that is located south of Interstate 80 shall be paid, subject | ||||||
2 | to appropriation by the General Assembly, from the State
Gaming | ||||||
3 | Fund to qualifying municipalities within 50 miles of the home | ||||||
4 | dock of the riverboat. The amount paid under this subsection | ||||||
5 | (c-35) to each qualifying municipality shall be based on the | ||||||
6 | proportion that the number of persons living at or below the | ||||||
7 | poverty level in the qualifying municipality bears to the total | ||||||
8 | number of persons living at or below the poverty level in | ||||||
9 | qualifying municipalities that are within 50 miles of the | ||||||
10 | owners licensee's home dock. If 2 or more of the following | ||||||
11 | owners licensees are within 50 miles of each other, payments | ||||||
12 | required under this subsection (c-35) from the gross gaming | ||||||
13 | receipts of those owners licensees shall be commingled and paid | ||||||
14 | to qualifying municipalities that are within 50 miles of at | ||||||
15 | least one of those owners licensee's home docks: | ||||||
16 | (i) An owners licensee whose home dock is located on | ||||||
17 | the Mississippi River. | ||||||
18 | (ii) An owners licensee whose home dock is located on | ||||||
19 | the Illinois River. | ||||||
20 | (iii) An owners licensee whose home dock is located on | ||||||
21 | the Ohio River. | ||||||
22 | (iv) An owners licensee that is authorized under | ||||||
23 | subsection (e-5) of Section 7 that is located south of | ||||||
24 | Interstate 80. | ||||||
25 | For the purposes of this subsection (c-35), the term | ||||||
26 | "qualifying municipality" means a municipality, other than a |
| |||||||
| |||||||
1 | municipality in which a riverboat docks, in which the poverty | ||||||
2 | rate as determined by using the most recent data released by | ||||||
3 | the United States Census Bureau is at least 3% greater than the | ||||||
4 | State poverty rate as determined by using the most recent data | ||||||
5 | released by the United States Census Bureau. | ||||||
6 | For the purposes of this subsection (c-35), the gross | ||||||
7 | gaming receipts from the gaming positions acquired under | ||||||
8 | subsection (h-5) of Section 7 shall be the difference between | ||||||
9 | the gross gaming receipts in a particular month from the gross | ||||||
10 | gaming receipts for the corresponding month in calendar year | ||||||
11 | 2006.
| ||||||
12 | (c-40) After the payments required under subsections (b), | ||||||
13 | (b-5), (b-10), (b-15), (c),
(c-25), (c-30), and (c-35) have | ||||||
14 | been made, an amount equal to 1% of the gross gaming receipts | ||||||
15 | (i) of the gaming positions authorized under subsection (h-5) | ||||||
16 | of Section 7 of an owners licensee that docks on the Fox River | ||||||
17 | or the Des Plaines River and (ii) of an owners licensee that is | ||||||
18 | authorized under subsection (e-5) of Section 7 that is located | ||||||
19 | north of Interstate 80 shall be paid, subject to appropriation | ||||||
20 | by the General Assembly, from the State
Gaming Fund to | ||||||
21 | qualifying municipalities within 20 miles of the home dock of | ||||||
22 | the riverboat. The amount paid under this subsection (c-40) to | ||||||
23 | each qualifying municipality shall be based on the proportion | ||||||
24 | that the number of persons living at or below the poverty level | ||||||
25 | in the qualifying municipality bears to the total number of | ||||||
26 | persons living at or below the poverty level in qualifying |
| |||||||
| |||||||
1 | municipalities that are within 20 miles of the owners | ||||||
2 | licensee's home dock. If the home docks of 2 or more of the | ||||||
3 | following owners licensees are within 20 miles of each other, | ||||||
4 | payments required under this subsection (c-40) from the gross | ||||||
5 | gaming receipts of those owners licensees shall be commingled | ||||||
6 | and paid to qualifying municipalities that are within 20 miles | ||||||
7 | of at least one of those owners licensee's home docks: | ||||||
8 | (i) An owners licensee whose home dock is located on | ||||||
9 | the Fox River. | ||||||
10 | (ii) An owners licensee whose home dock is located on | ||||||
11 | the Des Plaines River. | ||||||
12 | (iii) An owners licensee that is authorized under | ||||||
13 | subsection (e-5) of Section 7 that is located north of | ||||||
14 | Interstate 80. | ||||||
15 | For the purposes of this subsection (c-40), the term | ||||||
16 | "qualifying municipality" means a municipality, other than the | ||||||
17 | City of Chicago or a municipality in which a riverboat docks, | ||||||
18 | in which the poverty rate as determined by using the most | ||||||
19 | recent data released by the United States Census Bureau is at | ||||||
20 | least 3% greater than the State poverty rate as determined by | ||||||
21 | using the most recent data released by the United States Census | ||||||
22 | Bureau.
| ||||||
23 | For the purposes of this subsection (c-40), the gross | ||||||
24 | gaming receipts from the gaming positions acquired under | ||||||
25 | subsection (h-5) of Section 7 shall be calculated in the same | ||||||
26 | manner as provided in subsection (c-30).
|
| |||||||
| |||||||
1 | (c-45) After the payments required under subsections (b), | ||||||
2 | (b-5), (b-10), (b-15), (c),
(c-25), (c-30), (c-35), and (c-40) | ||||||
3 | have been made, an amount equal to 1% of the gross gaming | ||||||
4 | receipts of an owners licensee that is authorized under | ||||||
5 | subsection (e-6) of Section 7, shall be paid, subject to | ||||||
6 | appropriation by the General Assembly, from the State
Gaming | ||||||
7 | Fund to qualifying municipalities within 10 miles of the | ||||||
8 | casino. The amount paid under this subsection (c-45) to each | ||||||
9 | qualifying municipality shall be based on the proportion that | ||||||
10 | the number of persons living at or below the poverty level in | ||||||
11 | the qualifying municipality bears to the total number of | ||||||
12 | persons living at or below the poverty level in qualifying | ||||||
13 | municipalities that are within 10 miles of the casino. For the | ||||||
14 | purposes of this subsection (c-45), the term "qualifying | ||||||
15 | municipality" means a municipality, other than the City of | ||||||
16 | Chicago, a municipality in which a riverboat docks, or a | ||||||
17 | municipality that received payment under subsection (c-35) or | ||||||
18 | (c-40), in which the poverty rate as determined by using the | ||||||
19 | most recent data released by the United States Census Bureau is | ||||||
20 | at least 3% greater than the State poverty rate as determined | ||||||
21 | by using the most recent data released by the United States | ||||||
22 | Census Bureau.
| ||||||
23 | (c-50) After payments required under subsections (b), | ||||||
24 | (b-5), (b-10), (b-15), (c), (c-25), (c-30), (c-35), (c-40), and | ||||||
25 | (c-45) have been made, an amount equal to 1.5% of the gross | ||||||
26 | gaming receipts from owners licenses issued on or after the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of the 95th General | ||||||
2 | Assembly authorizing casino gambling in Cook County shall be | ||||||
3 | paid monthly, subject to appropriation by the General Assembly, | ||||||
4 | to Cook County. | ||||||
5 | (d) From time to time, the
Board shall transfer the | ||||||
6 | remainder of the funds
generated by this Act into the Education
| ||||||
7 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
8 | Illinois.
| ||||||
9 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
10 | government
designated as the home dock of the riverboat , or the | ||||||
11 | municipality in which the casino is located, from entering into | ||||||
12 | agreements
with other units of local government in this State | ||||||
13 | or in other states to
share its portion of the tax revenue.
| ||||||
14 | (f) To the extent practicable, the Board shall administer | ||||||
15 | and collect the
wagering taxes imposed by this Section in a | ||||||
16 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
17 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
18 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
19 | Penalty and Interest Act.
| ||||||
20 | (Source: P.A. 93-27, eff. 6-20-03; 93-28, eff. 6-20-03; 94-673, | ||||||
21 | eff. 8-23-05; 94-804, eff. 5-26-06; 94-839, eff. 6-6-06; | ||||||
22 | revised 8-3-06.)
| ||||||
23 | (230 ILCS 10/13.2 new) | ||||||
24 | Sec. 13.2. Municipal distributions of proceeds from a | ||||||
25 | casino; gaming endowment funds. At least 60% of the moneys that |
| |||||||
| |||||||
1 | a municipality in which a casino is located receives pursuant | ||||||
2 | to Section 50 of the Chicago Casino Development Authority Act | ||||||
3 | shall be described as "gaming endowment funds" and be expended | ||||||
4 | or obligated by the municipality for the following purposes and | ||||||
5 | in the following amounts: | ||||||
6 | (1) 40% of such gaming endowment funds shall be used | ||||||
7 | for or pledged for the construction and maintenance of | ||||||
8 | infrastructure within the municipality, including but not | ||||||
9 | limited to roads, bridges, transit infrastructure, and | ||||||
10 | municipal facilities.
| ||||||
11 | (2) 60% of such gaming endowment funds shall be used | ||||||
12 | for or pledged for the construction and maintenance of | ||||||
13 | schools, parks and cultural institution facilities, and | ||||||
14 | museums within the municipality.
| ||||||
15 | (230 ILCS 10/14)
(from Ch. 120, par. 2414)
| ||||||
16 | Sec. 14. Licensees - Records - Reports - Supervision.
| ||||||
17 | (a) A Licensed owners, including the Authority,
owner
shall
| ||||||
18 | keep their
his books and records so as to clearly show the | ||||||
19 | following:
| ||||||
20 | (1) The amount received daily from admission fees.
| ||||||
21 | (2) The total amount of whole gaming
gross receipts.
| ||||||
22 | (3) The total amount of the adjusted gross gaming receipts.
| ||||||
23 | (b) The Licensed owners, including the Authority,
owner
| ||||||
24 | shall
furnish to the Board reports and information as
the Board | ||||||
25 | may require with respect to its activities on forms designed |
| |||||||
| |||||||
1 | and
supplied for such purpose by the Board.
| ||||||
2 | (c) The books and records kept by a licensed owner as | ||||||
3 | provided by this Section are
public records and the | ||||||
4 | examination, publication, and dissemination of the
books and | ||||||
5 | records are governed by the provisions of The Freedom of | ||||||
6 | Information
Act.
| ||||||
7 | (Source: P.A. 86-1029.)
| ||||||
8 | (230 ILCS 10/18)
(from Ch. 120, par. 2418)
| ||||||
9 | Sec. 18. Prohibited Activities - Penalty.
| ||||||
10 | (a) A person is guilty of a Class A misdemeanor for doing | ||||||
11 | any of the
following:
| ||||||
12 | (1) Conducting gambling where wagering
is used or to be | ||||||
13 | used
without a license or authorization issued by the | ||||||
14 | Board.
| ||||||
15 | (2) Conducting gambling where wagering
is permitted | ||||||
16 | other
than in the manner specified by Section 11.
| ||||||
17 | (b) A person is guilty of a Class B misdemeanor for doing | ||||||
18 | any of the
following:
| ||||||
19 | (1) permitting a person under 21 years to make a wager; | ||||||
20 | or
| ||||||
21 | (2) violating paragraph (12) of subsection (a) of | ||||||
22 | Section 11 of this Act.
| ||||||
23 | (c) A person wagering or accepting a wager at any location | ||||||
24 | outside the
riverboat or casino in violation of paragraph
is
| ||||||
25 | subject
to the penalties in paragraphs (1) or (2) of
subsection |
| |||||||
| |||||||
1 | (a) of Section 28-1 of the Criminal Code of 1961 is subject to | ||||||
2 | the
penalties provided in that Section .
| ||||||
3 | (d) A person commits a Class 4 felony and, in addition, | ||||||
4 | shall be barred
for life from gambling operations
riverboats
| ||||||
5 | under the jurisdiction of
the
Board, if the person does any of | ||||||
6 | the following:
| ||||||
7 | (1) Offers, promises, or gives anything of value or | ||||||
8 | benefit to a person
who is connected with a riverboat or | ||||||
9 | casino owner
including, but
not limited to, an officer or | ||||||
10 | employee of a licensed owner or holder of an
occupational | ||||||
11 | license pursuant to an agreement or arrangement or with the
| ||||||
12 | intent that the promise or thing of value or benefit will | ||||||
13 | influence the
actions of the person to whom the offer, | ||||||
14 | promise, or gift was made in order
to affect or attempt to | ||||||
15 | affect the outcome of a gambling game, or to
influence | ||||||
16 | official action of a member of the Board.
| ||||||
17 | (2) Solicits or knowingly accepts or receives a promise | ||||||
18 | of anything of
value or benefit while the person is | ||||||
19 | connected with a riverboat or casino including, but not | ||||||
20 | limited to, an officer or
employee of a
licensed owner,
or | ||||||
21 | the holder of an occupational license, pursuant to an | ||||||
22 | understanding or
arrangement or with the intent that the | ||||||
23 | promise or thing of value or
benefit will influence the | ||||||
24 | actions of the person to affect or attempt to
affect the | ||||||
25 | outcome of a gambling game, or to influence official action | ||||||
26 | of a
member of the Board.
|
| |||||||
| |||||||
1 | (3) Uses or possesses with the intent to use a device | ||||||
2 | to assist:
| ||||||
3 | (i) In projecting the outcome of the game.
| ||||||
4 | (ii) In keeping track of the cards played.
| ||||||
5 | (iii) In analyzing the probability of the | ||||||
6 | occurrence of an event
relating to the gambling game.
| ||||||
7 | (iv) In analyzing the strategy for playing or | ||||||
8 | betting to be used in the
game except as permitted by | ||||||
9 | the Board.
| ||||||
10 | (4) Cheats at a gambling game.
| ||||||
11 | (5) Manufactures, sells, or distributes any cards, | ||||||
12 | chips, dice, game or
device which is intended to be used to | ||||||
13 | violate any provision of this Act.
| ||||||
14 | (6) Alters or misrepresents the outcome of a gambling | ||||||
15 | game on which
wagers have been made after the outcome is | ||||||
16 | made sure but before it is
revealed to the players.
| ||||||
17 | (7) Places a bet after acquiring knowledge, not | ||||||
18 | available to all players,
of the outcome of the gambling | ||||||
19 | game which is subject of the bet or to aid a
person in | ||||||
20 | acquiring the knowledge for the purpose of placing a bet
| ||||||
21 | contingent on that outcome.
| ||||||
22 | (8) Claims, collects, or takes, or attempts to claim, | ||||||
23 | collect, or take,
money or anything of value in or from the | ||||||
24 | gambling games, with intent to
defraud, without having made | ||||||
25 | a wager contingent on winning a gambling game,
or claims, | ||||||
26 | collects, or takes an amount of money or thing of value of
|
| |||||||
| |||||||
1 | greater value than the amount won.
| ||||||
2 | (9) Uses counterfeit chips or tokens in a gambling | ||||||
3 | game.
| ||||||
4 | (10) Possesses any key or device designed for the | ||||||
5 | purpose of opening,
entering, or affecting the operation of | ||||||
6 | a gambling game, drop box, or an
electronic or mechanical | ||||||
7 | device connected with the gambling game or for
removing | ||||||
8 | coins, tokens, chips or other contents of a gambling game. | ||||||
9 | This
paragraph (10) does not apply to a gambling licensee | ||||||
10 | or employee of a
gambling licensee acting in furtherance of | ||||||
11 | the employee's employment.
| ||||||
12 | (e) The possession of more than one of the devices | ||||||
13 | described in
subsection (d), paragraphs (3), (5) or (10) | ||||||
14 | permits a rebuttable
presumption that the possessor intended to | ||||||
15 | use the devices for cheating.
| ||||||
16 | An action to prosecute any crime occurring on a riverboat | ||||||
17 | or in a casino
shall be tried in the county of the dock at which | ||||||
18 | the riverboat is based or in the county in which the casino is | ||||||
19 | located .
| ||||||
20 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
21 | (230 ILCS 10/20)
(from Ch. 120, par. 2420)
| ||||||
22 | Sec. 20. Prohibited activities - civil penalties. Any | ||||||
23 | person who
conducts a gambling operation without first | ||||||
24 | obtaining a license to do so, or
who continues to conduct such | ||||||
25 | games after revocation of his license, or any
licensee who |
| |||||||
| |||||||
1 | conducts or allows to be conducted any unauthorized gambling | ||||||
2 | games
on a riverboat or in a casino
where it is authorized to | ||||||
3 | conduct its riverboat gambling operation, in
addition to
other | ||||||
4 | penalties provided, shall be subject to a civil penalty equal | ||||||
5 | to the
amount of whole gaming
gross receipts derived from | ||||||
6 | wagering on the gambling games,
whether unauthorized or | ||||||
7 | authorized, conducted on that day as well as
confiscation and | ||||||
8 | forfeiture of all gambling game equipment used in the
conduct | ||||||
9 | of unauthorized gambling games.
| ||||||
10 | (Source: P.A. 86-1029.)
| ||||||
11 | (230 ILCS 10/23) (from Ch. 120, par. 2423)
| ||||||
12 | Sec. 23. The State Gaming Fund. On or after the effective | ||||||
13 | date of
this Act, except as provided for payments into the | ||||||
14 | Horse Racing Equity Trust Fund under subsection (a) of Section | ||||||
15 | 7, all of the fees and taxes collected pursuant to
this Act | ||||||
16 | shall be deposited into the State Gaming Fund, a
special fund | ||||||
17 | in the State Treasury, which is hereby created. The adjusted
| ||||||
18 | gross gaming receipts of any riverboat gambling operations | ||||||
19 | conducted by a licensed
manager on behalf of the State | ||||||
20 | remaining after the payment of the fees and
expenses of the | ||||||
21 | licensed manager shall be deposited into the State Gaming
Fund. | ||||||
22 | Fines and
penalties collected pursuant to this Act shall be | ||||||
23 | deposited into the
Education Assistance Fund, created by Public | ||||||
24 | Act 86-0018, of the State of
Illinois.
| ||||||
25 | (Source: P.A. 93-28, eff. 6-20-03; 94-804, eff. 5-26-06.)
|
| |||||||
| |||||||
1 | Section 950. The Liquor Control Act of 1934 is amended by | ||||||
2 | changing Sections 5-1 and 6-30 as follows:
| ||||||
3 | (235 ILCS 5/5-1) (from Ch. 43, par. 115)
| ||||||
4 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
5 | Commission
shall be of the following classes:
| ||||||
6 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
7 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| ||||||
8 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
9 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
10 | 8.
Limited Wine Manufacturer,
| ||||||
11 | (b) Distributor's license,
| ||||||
12 | (c) Importing Distributor's license,
| ||||||
13 | (d) Retailer's license,
| ||||||
14 | (e) Special Event Retailer's license (not-for-profit),
| ||||||
15 | (f) Railroad license,
| ||||||
16 | (g) Boat license,
| ||||||
17 | (h) Non-Beverage User's license,
| ||||||
18 | (i) Wine-maker's premises license,
| ||||||
19 | (j) Airplane license,
| ||||||
20 | (k) Foreign importer's license,
| ||||||
21 | (l) Broker's license,
| ||||||
22 | (m) Non-resident dealer's
license,
| ||||||
23 | (n) Brew Pub license,
| ||||||
24 | (o) Auction liquor license,
|
| |||||||
| |||||||
1 | (p) Caterer retailer license,
| ||||||
2 | (q) Special use permit license.
| ||||||
3 | No
person, firm, partnership, corporation, or other legal | ||||||
4 | business entity that is
engaged in the manufacturing of wine | ||||||
5 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
6 | wine manufacturer's license.
| ||||||
7 | (a) A manufacturer's license shall allow the manufacture,
| ||||||
8 | importation in bulk, storage, distribution and sale of | ||||||
9 | alcoholic liquor
to persons without the State, as may be | ||||||
10 | permitted by law and to licensees
in this State as follows:
| ||||||
11 | Class 1. A Distiller may make sales and deliveries of | ||||||
12 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
13 | distributors, distributors and
non-beverage users and to no | ||||||
14 | other licensees.
| ||||||
15 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
16 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
17 | rectifiers, importing distributors,
distributors, retailers | ||||||
18 | and non-beverage users and to no other licensees.
| ||||||
19 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
20 | importing
distributors, distributors, and to non-licensees, | ||||||
21 | and to
retailers provided the brewer obtains an importing | ||||||
22 | distributor's license or
distributor's license in accordance | ||||||
23 | with the provisions of this Act.
| ||||||
24 | Class 4. A first class wine-manufacturer may make sales and | ||||||
25 | deliveries of
up to 50,000 gallons of wine to manufacturers,
| ||||||
26 | importing
distributors and distributors, and to no other |
| |||||||
| |||||||
1 | licensees.
| ||||||
2 | Class 5. A second class Wine manufacturer may make sales | ||||||
3 | and deliveries
of more than 50,000 gallons of wine to | ||||||
4 | manufacturers, importing distributors
and distributors and to | ||||||
5 | no other licensees.
| ||||||
6 | Class 6. A first-class wine-maker's license shall allow the | ||||||
7 | manufacture
of up to 50,000 gallons of wine per year, and the
| ||||||
8 | storage
and sale of such
wine to distributors in the State and | ||||||
9 | to persons without the
State, as may be permitted by law. A | ||||||
10 | first-class wine-maker's license shall
allow the sale of no | ||||||
11 | more than 5,000
gallons of the licensee's wine to retailers. | ||||||
12 | The State Commission shall issue
only one first-class | ||||||
13 | wine-maker's license to any person, firm, partnership,
| ||||||
14 | corporation, or other legal business entity that is engaged in | ||||||
15 | the making of
less than 50,000 gallons of wine annually that | ||||||
16 | applies for a first-class
wine-maker's license. No subsidiary | ||||||
17 | or affiliate thereof, nor any officer,
associate, member, | ||||||
18 | partner, representative, employee, agent, or shareholder may
| ||||||
19 | be issued an additional wine-maker's license by the State | ||||||
20 | Commission.
| ||||||
21 | Class 7. A second-class wine-maker's license shall allow | ||||||
22 | the manufacture
of between 50,000 and 100,000 gallons of wine | ||||||
23 | per year, and
the
storage and sale of such wine
to distributors | ||||||
24 | in this State and to persons without the State, as may be
| ||||||
25 | permitted by law. A second-class wine-maker's license shall | ||||||
26 | allow the sale
of
no more than 10,000 gallons of the licensee's |
| |||||||
| |||||||
1 | wine directly to retailers.
The State Commission shall issue | ||||||
2 | only one second-class wine-maker's license
to any person, firm, | ||||||
3 | partnership, corporation, or other legal business entity
that | ||||||
4 | is engaged in the making of less than 100,000 gallons of wine | ||||||
5 | annually
that applies for a second-class wine-maker's license. | ||||||
6 | No subsidiary or
affiliate thereof, or any officer, associate, | ||||||
7 | member, partner, representative,
employee, agent, or | ||||||
8 | shareholder may be issued an additional wine-maker's
license by | ||||||
9 | the State Commission.
| ||||||
10 | Class 8. A limited wine-manufacturer may make sales and | ||||||
11 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
12 | distributors, and to
non-licensees in accordance with the | ||||||
13 | provisions of this Act.
| ||||||
14 | (a-1) A manufacturer which is licensed in this State to | ||||||
15 | make sales or
deliveries of alcoholic liquor and which enlists | ||||||
16 | agents, representatives, or
individuals acting on its behalf | ||||||
17 | who contact licensed retailers on a regular
and continual basis | ||||||
18 | in this State must register those agents, representatives,
or | ||||||
19 | persons acting on its behalf with the State Commission.
| ||||||
20 | Registration of agents, representatives, or persons acting | ||||||
21 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
22 | to the Commission. The form
shall be developed by the | ||||||
23 | Commission and shall include the name and address of
the | ||||||
24 | applicant, the name and address of the manufacturer he or she | ||||||
25 | represents,
the territory or areas assigned to sell to or | ||||||
26 | discuss pricing terms of
alcoholic liquor, and any other |
| |||||||
| |||||||
1 | questions deemed appropriate and necessary.
All statements in | ||||||
2 | the forms required to be made by law or by rule shall be
deemed | ||||||
3 | material, and any person who knowingly misstates any material | ||||||
4 | fact under
oath in an application is guilty of a Class B | ||||||
5 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
6 | misleading statements, evasions, or
suppression of material | ||||||
7 | facts in the securing of a registration are grounds for
| ||||||
8 | suspension or revocation of the registration.
| ||||||
9 | (b) A distributor's license shall allow the wholesale | ||||||
10 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
11 | liquors to licensees
in this State and to persons without the | ||||||
12 | State, as may be permitted by law.
| ||||||
13 | (c) An importing distributor's license may be issued to and | ||||||
14 | held by
those only who are duly licensed distributors, upon the | ||||||
15 | filing of an
application by a duly licensed distributor, with | ||||||
16 | the Commission and
the Commission shall, without the
payment of | ||||||
17 | any fee, immediately issue such importing distributor's
| ||||||
18 | license to the applicant, which shall allow the importation of | ||||||
19 | alcoholic
liquor by the licensee into this State from any point | ||||||
20 | in the United
States outside this State, and the purchase of | ||||||
21 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
22 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
23 | but all bottles or containers
so filled shall be sealed, | ||||||
24 | labeled, stamped and otherwise made to comply
with all | ||||||
25 | provisions, rules and regulations governing manufacturers in
| ||||||
26 | the preparation and bottling of alcoholic liquors. The |
| |||||||
| |||||||
1 | importing
distributor's license shall permit such licensee to | ||||||
2 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
3 | dealers and foreign importers only.
| ||||||
4 | (d) A retailer's license shall allow the licensee to sell | ||||||
5 | and offer
for sale at retail, only in the premises specified in | ||||||
6 | the license,
alcoholic liquor for use or consumption, but not | ||||||
7 | for resale in any form:
Provided that any retail license issued | ||||||
8 | to a manufacturer shall only
permit the manufacturer to sell | ||||||
9 | beer at retail on the premises actually
occupied by the | ||||||
10 | manufacturer. For the purpose of further describing the type of | ||||||
11 | business conducted at a retail licensed premises, a retailer's | ||||||
12 | licensee may be designated by the State Commission as (i) an on | ||||||
13 | premise consumption retailer, (ii) an off premise sale | ||||||
14 | retailer, or (iii) a combined on premise consumption and off | ||||||
15 | premise sale retailer.
| ||||||
16 | Notwithstanding any other provision of this subsection | ||||||
17 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
18 | event retailer licensee for
resale to the extent permitted | ||||||
19 | under subsection (e).
| ||||||
20 | (e) A special event retailer's license (not-for-profit) | ||||||
21 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
22 | Illinois licensed distributor
(unless the licensee purchases | ||||||
23 | less than $500 of alcoholic liquors for the
special event, in | ||||||
24 | which case the licensee may purchase the alcoholic liquors
from | ||||||
25 | a licensed retailer) and shall allow the licensee to sell and | ||||||
26 | offer for
sale, at retail, alcoholic liquors for use or |
| |||||||
| |||||||
1 | consumption, but not for resale
in any form and only at the | ||||||
2 | location and on the specific dates designated for
the special | ||||||
3 | event in the license. An applicant for a special event retailer
| ||||||
4 | license must
(i) furnish with the application: (A) a resale | ||||||
5 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
6 | Act or evidence that the applicant is
registered under Section | ||||||
7 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
8 | exemption identification
number issued under Section 1g of the | ||||||
9 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
10 | Commission that the purchase of alcoholic liquors will be
a | ||||||
11 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
12 | not registered
under Section 2a of the Retailers' Occupation | ||||||
13 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
14 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
15 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
16 | in which event the Commission shall set forth on the special | ||||||
17 | event
retailer's license a statement to that effect; (ii) | ||||||
18 | submit with the application proof satisfactory to
the State | ||||||
19 | Commission that the applicant will provide dram shop liability
| ||||||
20 | insurance in the maximum limits; and (iii) show proof | ||||||
21 | satisfactory to the
State Commission that the applicant has | ||||||
22 | obtained local authority
approval.
| ||||||
23 | (f) A railroad license shall permit the licensee to import | ||||||
24 | alcoholic
liquors into this State from any point in the United | ||||||
25 | States outside this
State and to store such alcoholic liquors | ||||||
26 | in this State; to make wholesale
purchases of alcoholic liquors |
| |||||||
| |||||||
1 | directly from manufacturers, foreign
importers, distributors | ||||||
2 | and importing distributors from within or outside
this State; | ||||||
3 | and to store such alcoholic liquors in this State; provided
| ||||||
4 | that the above powers may be exercised only in connection with | ||||||
5 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
6 | sold or
dispensed on a club, buffet, lounge or dining car | ||||||
7 | operated on an electric,
gas or steam railway in this State; | ||||||
8 | and provided further, that railroad
licensees exercising the | ||||||
9 | above powers shall be subject to all provisions of
Article VIII | ||||||
10 | of this Act as applied to importing distributors. A railroad
| ||||||
11 | license shall also permit the licensee to sell or dispense | ||||||
12 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
13 | operated on an electric,
gas or steam railway regularly | ||||||
14 | operated by a common carrier in this State,
but shall not | ||||||
15 | permit the sale for resale of any alcoholic liquors to any
| ||||||
16 | licensee within this State. A license shall be obtained for | ||||||
17 | each car in which
such sales are made.
| ||||||
18 | (g) A boat license shall allow the sale of alcoholic liquor | ||||||
19 | in
individual drinks, on any passenger boat regularly operated | ||||||
20 | as a common
carrier on navigable waters in this State or on any | ||||||
21 | riverboat operated
under
the Riverboat and Casino Gambling Act, | ||||||
22 | which boat or riverboat maintains a public
dining room or | ||||||
23 | restaurant thereon.
| ||||||
24 | (h) A non-beverage user's license shall allow the licensee | ||||||
25 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
26 | importing
distributor, without the imposition of any tax upon |
| |||||||
| |||||||
1 | the business of such
licensed manufacturer or importing | ||||||
2 | distributor as to such alcoholic
liquor to be used by such | ||||||
3 | licensee solely for the non-beverage purposes
set forth in | ||||||
4 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
5 | shall be divided and classified and shall permit the
purchase, | ||||||
6 | possession and use of limited and stated quantities of
| ||||||
7 | alcoholic liquor as follows:
| ||||||
8 | Class 1, not to exceed ......................... 500 gallons
| ||||||
9 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
10 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
11 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
12 | Class 5, not to exceed ....................... 50,000 gallons
| ||||||
13 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
14 | that concurrently holds a first-class wine-maker's license to | ||||||
15 | sell
and offer for sale at retail in the premises specified in | ||||||
16 | such license
not more than 50,000 gallons of the first-class | ||||||
17 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
18 | licensed premises per year for use or
consumption, but not for | ||||||
19 | resale in any form. A wine-maker's premises
license shall allow | ||||||
20 | a licensee who concurrently holds a second-class
wine-maker's | ||||||
21 | license to sell and offer for sale at retail in the premises
| ||||||
22 | specified in such license up to 100,000 gallons of the
| ||||||
23 | second-class wine-maker's wine that is made at the second-class | ||||||
24 | wine-maker's
licensed premises per year
for use or consumption | ||||||
25 | but not for resale in any form. A wine-maker's premises license | ||||||
26 | shall allow a
licensee that concurrently holds a first-class |
| |||||||
| |||||||
1 | wine-maker's license or a second-class
wine-maker's license to | ||||||
2 | sell
and offer for sale at retail at the premises specified in | ||||||
3 | the wine-maker's premises license, for use or consumption but | ||||||
4 | not for resale in any form, any beer, wine, and spirits | ||||||
5 | purchased from a licensed distributor. Upon approval from the
| ||||||
6 | State Commission, a wine-maker's premises license
shall allow | ||||||
7 | the licensee to sell and offer for sale at (i) the wine-maker's
| ||||||
8 | licensed premises and (ii) at up to 2 additional locations for | ||||||
9 | use and
consumption and not for resale. Each location shall | ||||||
10 | require additional
licensing per location as specified in | ||||||
11 | Section 5-3 of this Act.
| ||||||
12 | (j) An airplane license shall permit the licensee to import
| ||||||
13 | alcoholic liquors into this State from any point in the United | ||||||
14 | States
outside this State and to store such alcoholic liquors | ||||||
15 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
16 | directly from
manufacturers, foreign importers, distributors | ||||||
17 | and importing
distributors from within or outside this State; | ||||||
18 | and to store such
alcoholic liquors in this State; provided | ||||||
19 | that the above powers may be
exercised only in connection with | ||||||
20 | the importation, purchase or storage
of alcoholic liquors to be | ||||||
21 | sold or dispensed on an airplane; and
provided further, that | ||||||
22 | airplane licensees exercising the above powers
shall be subject | ||||||
23 | to all provisions of Article VIII of this Act as
applied to | ||||||
24 | importing distributors. An airplane licensee shall also
permit | ||||||
25 | the sale or dispensing of alcoholic liquors on any passenger
| ||||||
26 | airplane regularly operated by a common carrier in this State, |
| |||||||
| |||||||
1 | but shall
not permit the sale for resale of any alcoholic | ||||||
2 | liquors to any licensee
within this State. A single airplane | ||||||
3 | license shall be required of an
airline company if liquor | ||||||
4 | service is provided on board aircraft in this
State. The annual | ||||||
5 | fee for such license shall be as determined in
Section 5-3.
| ||||||
6 | (k) A foreign importer's license shall permit such licensee | ||||||
7 | to purchase
alcoholic liquor from Illinois licensed | ||||||
8 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
9 | than in bulk from any point outside the
United States and to | ||||||
10 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
11 | distributors and to no one else in Illinois;
provided that the | ||||||
12 | foreign importer registers with the State Commission
every
| ||||||
13 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
14 | licensees during the
license period and
provided further that | ||||||
15 | the foreign importer complies with all of the provisions
of | ||||||
16 | Section
6-9 of this Act with respect to registration of such | ||||||
17 | Illinois licensees as may
be granted the
right to sell such | ||||||
18 | brands at wholesale.
| ||||||
19 | (l) (i) A broker's license shall be required of all persons
| ||||||
20 | who solicit
orders for, offer to sell or offer to supply | ||||||
21 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
22 | offer to retailers to ship or
cause to be shipped or to make | ||||||
23 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
24 | or any other party within or without the State
of Illinois in | ||||||
25 | order that alcoholic liquors be shipped to a distributor,
| ||||||
26 | importing distributor or foreign importer, whether such |
| |||||||
| |||||||
1 | solicitation or
offer is consummated within or without the | ||||||
2 | State of Illinois.
| ||||||
3 | No holder of a retailer's license issued by the Illinois | ||||||
4 | Liquor
Control Commission shall purchase or receive any | ||||||
5 | alcoholic liquor, the
order for which was solicited or offered | ||||||
6 | for sale to such retailer by a
broker unless the broker is the | ||||||
7 | holder of a valid broker's license.
| ||||||
8 | The broker shall, upon the acceptance by a retailer of the | ||||||
9 | broker's
solicitation of an order or offer to sell or supply or | ||||||
10 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
11 | to the Illinois Liquor
Control Commission a notification of | ||||||
12 | said transaction in such form as
the Commission may by | ||||||
13 | regulations prescribe.
| ||||||
14 | (ii) A broker's license shall be required of
a person | ||||||
15 | within this State, other than a retail licensee,
who, for a fee | ||||||
16 | or commission, promotes, solicits, or accepts orders for
| ||||||
17 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
18 | be shipped from this State and delivered to residents outside | ||||||
19 | of
this State by an express company, common carrier, or | ||||||
20 | contract carrier.
This Section does not apply to any person who | ||||||
21 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
22 | authorized in Section 6-29 of this Act.
| ||||||
23 | A broker's license under this subsection (1) shall not | ||||||
24 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
25 | own account or to take or deliver title to
such alcoholic | ||||||
26 | liquors.
|
| |||||||
| |||||||
1 | This subsection (1) shall not apply to distributors, | ||||||
2 | employees of
distributors, or employees of a manufacturer who | ||||||
3 | has registered the
trademark, brand or name of the alcoholic | ||||||
4 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
5 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
6 | its registrants thereunder.
| ||||||
7 | Any agent, representative, or person subject to | ||||||
8 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
9 | not be eligible to receive a broker's
license.
| ||||||
10 | (m) A non-resident dealer's license shall permit such | ||||||
11 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
12 | State from any point
outside of this State, and to sell such | ||||||
13 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
14 | importing distributors and to no one else in this State;
| ||||||
15 | provided that said non-resident dealer shall register with the | ||||||
16 | Illinois Liquor
Control Commission each and every brand of | ||||||
17 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
18 | licensees during the license period; and further provided
that | ||||||
19 | it shall comply with all of the provisions of Section 6-9 | ||||||
20 | hereof with
respect to registration of such Illinois licensees | ||||||
21 | as may be granted the right
to sell such brands at wholesale.
| ||||||
22 | (n) A brew pub license shall allow the licensee to | ||||||
23 | manufacture beer only
on the premises specified in the license, | ||||||
24 | to make sales of the
beer manufactured on the premises to | ||||||
25 | importing distributors, distributors,
and to non-licensees for | ||||||
26 | use and consumption, to store the beer upon
the premises, and |
| |||||||
| |||||||
1 | to sell and offer for sale at retail from the licensed
| ||||||
2 | premises, provided that a brew pub licensee shall not sell for | ||||||
3 | off-premises
consumption more than 50,000 gallons per year.
| ||||||
4 | (o) A caterer retailer license shall allow the holder
to | ||||||
5 | serve alcoholic liquors as an incidental part of a food service | ||||||
6 | that serves
prepared meals which excludes the serving of snacks | ||||||
7 | as
the primary meal, either on or off-site whether licensed or | ||||||
8 | unlicensed.
| ||||||
9 | (p) An auction liquor license shall allow the licensee to | ||||||
10 | sell and offer
for sale at auction wine and spirits for use or | ||||||
11 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
12 | accordance with provisions of this Act. An
auction liquor | ||||||
13 | license will be issued to a person and it will permit the
| ||||||
14 | auction liquor licensee to hold the auction anywhere in the | ||||||
15 | State. An auction
liquor license must be obtained for each | ||||||
16 | auction at least 14 days in advance of
the auction date.
| ||||||
17 | (q) A special use permit license shall allow an Illinois | ||||||
18 | licensed
retailer to transfer a portion of its alcoholic liquor | ||||||
19 | inventory from its
retail licensed premises to the premises | ||||||
20 | specified in the license hereby
created, and to sell or offer | ||||||
21 | for sale at retail, only in the premises
specified in the | ||||||
22 | license hereby created, the transferred alcoholic liquor for
| ||||||
23 | use or consumption, but not for resale in any form. A special | ||||||
24 | use permit
license may be granted for the following time | ||||||
25 | periods: one day or less; 2 or
more days to a maximum of 15 days | ||||||
26 | per location in any 12 month period. An
applicant for the |
| |||||||
| |||||||
1 | special use permit license must also submit with the
| ||||||
2 | application proof satisfactory to the State Commission that the | ||||||
3 | applicant will
provide dram shop liability insurance to the | ||||||
4 | maximum limits and have local
authority approval.
| ||||||
5 | (Source: P.A. 92-105, eff. 1-1-02; 92-378, eff. 8-16-01; | ||||||
6 | 92-651, eff. 7-11-02; 92-672, eff. 7-16-02; 93-923, eff. | ||||||
7 | 8-12-04; 93-1057, eff. 12-2-04; revised 12-6-04.)
| ||||||
8 | (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
| ||||||
9 | Sec. 6-30. Notwithstanding any other provision of this Act, | ||||||
10 | the
Illinois Gaming Board shall have exclusive authority to | ||||||
11 | establish the hours
for sale and consumption of alcoholic | ||||||
12 | liquor on board a riverboat during
riverboat gambling | ||||||
13 | excursions and in a casino conducted in accordance with the | ||||||
14 | Riverboat and Casino
Gambling Act.
| ||||||
15 | (Source: P.A. 87-826.)
| ||||||
16 | Section 952. The Smoke Free Illinois Act is amended by | ||||||
17 | changing Section 35 as follows: | ||||||
18 | (410 ILCS 82/35)
| ||||||
19 | Sec. 35. Exemptions.
| ||||||
20 | (a) Notwithstanding any other provision of this Act, | ||||||
21 | smoking is allowed in the following areas: | ||||||
22 | (1) Private residences or dwelling places, except when | ||||||
23 | used as a child care, adult day care, or healthcare |
| |||||||
| |||||||
1 | facility or any other home-based business open to the | ||||||
2 | public. | ||||||
3 | (2) Retail tobacco stores as defined in Section 10 of | ||||||
4 | this Act in operation prior to the effective date of this | ||||||
5 | amendatory Act of the 95th General Assembly. The retail | ||||||
6 | tobacco store shall annually file with the Department by | ||||||
7 | January 31st an affidavit stating the percentage of its | ||||||
8 | gross income during the prior calendar year that was | ||||||
9 | derived from the sale of loose tobacco, plants, or herbs | ||||||
10 | and cigars, cigarettes, pipes, or other smoking devices for | ||||||
11 | smoking tobacco and related smoking accessories. Any | ||||||
12 | retail tobacco store that begins operation after the | ||||||
13 | effective date of this amendatory Act may only qualify for | ||||||
14 | an exemption if located in a freestanding structure | ||||||
15 | occupied solely by the business and smoke from the business | ||||||
16 | does not migrate into an enclosed area where smoking is | ||||||
17 | prohibited. | ||||||
18 | (3) Private and semi-private rooms in nursing homes and | ||||||
19 | long-term care facilities that are occupied by one or more | ||||||
20 | persons, all of whom are smokers and have requested in | ||||||
21 | writing to be placed or to remain in a room where smoking | ||||||
22 | is permitted and the smoke shall not infiltrate other areas | ||||||
23 | of the nursing home. | ||||||
24 | (4) Hotel and motel sleeping rooms that are rented to | ||||||
25 | guests and are designated as smoking rooms, provided that | ||||||
26 | all smoking rooms on the same floor must be contiguous and |
| |||||||
| |||||||
1 | smoke from these rooms must not infiltrate into nonsmoking | ||||||
2 | rooms or other areas where smoking is prohibited. Not more | ||||||
3 | than 25% of the rooms rented to guests in a hotel or motel | ||||||
4 | may be designated as rooms where smoking is allowed. The | ||||||
5 | status of rooms as smoking or nonsmoking may not be | ||||||
6 | changed, except to permanently add additional nonsmoking | ||||||
7 | rooms.
| ||||||
8 | (b) Notwithstanding any other provision of this Act, any | ||||||
9 | riverboat owners licensee conducting gambling operations | ||||||
10 | pursuant to the Riverboat and Casino Gambling Act within 5 | ||||||
11 | miles of the border of a state allowing (1) similar facilities | ||||||
12 | for conducting gambling games and (2) smoking in such | ||||||
13 | facilities may permit smoking on such riverboat subject to the | ||||||
14 | following conditions: | ||||||
15 | (A) smoking shall only be allowed in an enclosed room | ||||||
16 | where riverboat patrons engage in gambling; | ||||||
17 | (B) the room is clearly marked as a permissible smoking | ||||||
18 | area; | ||||||
19 | (C) the room is separate and apart from the rest of the | ||||||
20 | gambling facility where smoking is not permitted and | ||||||
21 | gambling is conducted; and | ||||||
22 | (D) the room is no larger than 25% of the total area | ||||||
23 | where gambling is conducted. | ||||||
24 | This subsection (b) shall no longer apply 5 years after the | ||||||
25 | effective date of this amendatory Act of the 95th General | ||||||
26 | Assembly.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-17, eff. 1-1-08.) | ||||||
2 | Section 955. The Criminal Code of 1961 is amended by | ||||||
3 | changing Sections 28-1, 28-1.1, 28-3,
28-5 and 28-7 as follows:
| ||||||
4 | (720 ILCS 5/28-1)
(from Ch. 38, par. 28-1)
| ||||||
5 | Sec. 28-1. Gambling.
| ||||||
6 | (a) A person commits gambling when he:
| ||||||
7 | (1) Plays a game of chance or skill for money or other | ||||||
8 | thing of
value, unless excepted in subsection (b) of this | ||||||
9 | Section; or
| ||||||
10 | (2) Makes a wager upon the result of any game, contest, | ||||||
11 | or any
political nomination, appointment or election; or
| ||||||
12 | (3) Operates, keeps, owns, uses, purchases, exhibits, | ||||||
13 | rents, sells,
bargains for the sale or lease of, | ||||||
14 | manufactures or distributes any
gambling device; or
| ||||||
15 | (4) Contracts to have or give himself or another the | ||||||
16 | option to buy
or sell, or contracts to buy or sell, at a | ||||||
17 | future time, any grain or
other commodity whatsoever, or | ||||||
18 | any stock or security of any company,
where it is at the | ||||||
19 | time of making such contract intended by both parties
| ||||||
20 | thereto that the contract to buy or sell, or the option, | ||||||
21 | whenever
exercised, or the contract resulting therefrom, | ||||||
22 | shall be settled, not by
the receipt or delivery of such | ||||||
23 | property, but by the payment only of
differences in prices | ||||||
24 | thereof; however, the issuance, purchase, sale,
exercise, |
| |||||||
| |||||||
1 | endorsement or guarantee, by or through a person registered
| ||||||
2 | with the Secretary of State pursuant to Section 8 of the | ||||||
3 | Illinois
Securities Law of 1953, or by or through a person | ||||||
4 | exempt from such
registration under said Section 8, of a | ||||||
5 | put, call, or other option to
buy or sell securities which | ||||||
6 | have been registered with the Secretary of
State or which | ||||||
7 | are exempt from such registration under Section 3 of the
| ||||||
8 | Illinois Securities Law of 1953 is not gambling within the | ||||||
9 | meaning of
this paragraph (4); or
| ||||||
10 | (5) Knowingly owns or possesses any book, instrument or | ||||||
11 | apparatus by
means of which bets or wagers have been, or | ||||||
12 | are, recorded or registered,
or knowingly possesses any | ||||||
13 | money which he has received in the course of
a bet or | ||||||
14 | wager; or
| ||||||
15 | (6) Sells pools upon the result of any game or contest | ||||||
16 | of skill or
chance, political nomination, appointment or | ||||||
17 | election; or
| ||||||
18 | (7) Sets up or promotes any lottery or sells, offers to | ||||||
19 | sell or
transfers any ticket or share for any lottery; or
| ||||||
20 | (8) Sets up or promotes any policy game or sells, | ||||||
21 | offers to sell or
knowingly possesses or transfers any | ||||||
22 | policy ticket, slip, record,
document or other similar | ||||||
23 | device; or
| ||||||
24 | (9) Knowingly drafts, prints or publishes any lottery | ||||||
25 | ticket or share,
or any policy ticket, slip, record, | ||||||
26 | document or similar device, except for
such activity |
| |||||||
| |||||||
1 | related to lotteries, bingo games and raffles authorized by
| ||||||
2 | and conducted in accordance with the laws of Illinois or | ||||||
3 | any other state or
foreign government; or
| ||||||
4 | (10) Knowingly advertises any lottery or policy game, | ||||||
5 | except for such
activity related to lotteries, bingo games | ||||||
6 | and raffles authorized by and
conducted in accordance with | ||||||
7 | the laws of Illinois or any other state; or
| ||||||
8 | (11) Knowingly transmits information as to wagers, | ||||||
9 | betting odds, or
changes in betting odds by telephone, | ||||||
10 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
11 | installs or maintains equipment for the
transmission or | ||||||
12 | receipt of such information; except that nothing in this
| ||||||
13 | subdivision (11) prohibits transmission or receipt of such | ||||||
14 | information
for use in news reporting of sporting events or | ||||||
15 | contests; or
| ||||||
16 | (12) Knowingly establishes, maintains, or operates an | ||||||
17 | Internet site that
permits a person to play a game of
| ||||||
18 | chance or skill for money or other thing of value by means | ||||||
19 | of the Internet or
to make a wager upon the
result of any | ||||||
20 | game, contest, political nomination, appointment, or
| ||||||
21 | election by means of the Internet.
| ||||||
22 | (b) Participants in any of the following activities shall | ||||||
23 | not be
convicted of gambling therefor:
| ||||||
24 | (1) Agreements to compensate for loss caused by the | ||||||
25 | happening of
chance including without limitation contracts | ||||||
26 | of indemnity or guaranty
and life or health or accident |
| |||||||
| |||||||
1 | insurance;
| ||||||
2 | (2) Offers of prizes, award or compensation to the | ||||||
3 | actual
contestants in any bona fide contest for the | ||||||
4 | determination of skill,
speed, strength or endurance or to | ||||||
5 | the owners of animals or vehicles
entered in such contest;
| ||||||
6 | (3) Pari-mutuel betting as authorized by the law of | ||||||
7 | this State;
| ||||||
8 | (4) Manufacture of gambling devices, including the | ||||||
9 | acquisition of
essential parts therefor and the assembly | ||||||
10 | thereof, for transportation in
interstate or foreign | ||||||
11 | commerce to any place outside this State when such
| ||||||
12 | transportation is not prohibited by any applicable Federal | ||||||
13 | law;
| ||||||
14 | (5) The game commonly known as "bingo", when conducted | ||||||
15 | in accordance
with the Bingo License and Tax Act;
| ||||||
16 | (6) Lotteries when conducted by the State of Illinois | ||||||
17 | in accordance
with the Illinois Lottery Law;
| ||||||
18 | (7) Possession of an antique slot machine that is | ||||||
19 | neither used nor
intended to be used in the operation or | ||||||
20 | promotion of any unlawful
gambling activity or enterprise. | ||||||
21 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
22 | slot machine is one manufactured 25 years ago or earlier;
| ||||||
23 | (8) Raffles when conducted in accordance with the | ||||||
24 | Raffles Act;
| ||||||
25 | (9) Charitable games when conducted in accordance with | ||||||
26 | the Charitable
Games Act;
|
| |||||||
| |||||||
1 | (10) Pull tabs and jar games when conducted under the | ||||||
2 | Illinois Pull
Tabs and Jar Games Act; or
| ||||||
3 | (11) Gambling games conducted on riverboats when
| ||||||
4 | authorized by the Riverboat and Casino Gambling Act.
| ||||||
5 | (c) Sentence.
| ||||||
6 | Gambling under subsection (a)(1) or (a)(2) of this Section | ||||||
7 | is a
Class A misdemeanor. Gambling under any of subsections | ||||||
8 | (a)(3) through
(a)(11) of this Section is a Class A | ||||||
9 | misdemeanor. A second or
subsequent conviction under any of | ||||||
10 | subsections (a)(3) through (a)(11),
is a Class 4 felony. | ||||||
11 | Gambling under subsection (a)(12) of this Section is a
Class A
| ||||||
12 | misdemeanor. A second or subsequent conviction under | ||||||
13 | subsection (a)(12) is a
Class 4 felony.
| ||||||
14 | (d) Circumstantial evidence.
| ||||||
15 | In prosecutions under subsection (a)(1) through (a)(12) of
| ||||||
16 | this
Section circumstantial evidence shall have the same | ||||||
17 | validity and weight as
in any criminal prosecution.
| ||||||
18 | (Source: P.A. 91-257, eff. 1-1-00.)
| ||||||
19 | (720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
| ||||||
20 | Sec. 28-1.1. Syndicated gambling.
| ||||||
21 | (a) Declaration of Purpose. Recognizing the close | ||||||
22 | relationship between
professional gambling and other organized | ||||||
23 | crime, it is declared to be the
policy of the legislature to | ||||||
24 | restrain persons from engaging in the business
of gambling for | ||||||
25 | profit in this State. This Section shall be liberally
construed |
| |||||||
| |||||||
1 | and administered with a view to carrying out this policy.
| ||||||
2 | (b) A person commits syndicated gambling when he operates a | ||||||
3 | "policy
game" or engages in the business of bookmaking.
| ||||||
4 | (c) A person "operates a policy game" when he knowingly | ||||||
5 | uses any
premises or property for the purpose of receiving or | ||||||
6 | knowingly does
receive from what is commonly called "policy":
| ||||||
7 | (1) money from a person other than the better or player | ||||||
8 | whose
bets or plays are represented by such money; or
| ||||||
9 | (2) written "policy game" records, made or used over | ||||||
10 | any
period of time, from a person other than the better or | ||||||
11 | player whose bets
or plays are represented by such written | ||||||
12 | record.
| ||||||
13 | (d) A person engages in bookmaking when he receives or | ||||||
14 | accepts more
than five bets or wagers upon the result of any | ||||||
15 | trials or contests of
skill, speed or power of endurance or | ||||||
16 | upon any lot, chance, casualty,
unknown or contingent event | ||||||
17 | whatsoever, which bets or wagers shall be of
such size that the | ||||||
18 | total of the amounts of money paid or promised to be
paid to | ||||||
19 | such bookmaker on account thereof shall exceed $2,000.
| ||||||
20 | Bookmaking is the receiving or accepting of such bets or wagers
| ||||||
21 | regardless of the form or manner in which the bookmaker records | ||||||
22 | them.
| ||||||
23 | (e) Participants in any of the following activities shall | ||||||
24 | not be
convicted of syndicated gambling:
| ||||||
25 | (1) Agreements to compensate for loss caused by the | ||||||
26 | happening
of chance including without limitation contracts |
| |||||||
| |||||||
1 | of indemnity or
guaranty and life or health or accident | ||||||
2 | insurance; and
| ||||||
3 | (2) Offers of prizes, award or compensation to the | ||||||
4 | actual
contestants in any bona fide contest for the | ||||||
5 | determination of skill,
speed, strength or endurance or to | ||||||
6 | the owners of animals or vehicles
entered in such contest; | ||||||
7 | and
| ||||||
8 | (3) Pari-mutuel betting as authorized by law of this | ||||||
9 | State;
and
| ||||||
10 | (4) Manufacture of gambling devices, including the | ||||||
11 | acquisition
of essential parts therefor and the assembly | ||||||
12 | thereof, for transportation
in interstate or foreign | ||||||
13 | commerce to any place outside this State when
such | ||||||
14 | transportation is not prohibited by any applicable Federal | ||||||
15 | law; and
| ||||||
16 | (5) Raffles when conducted in accordance with the | ||||||
17 | Raffles Act; and
| ||||||
18 | (6) Gambling games conducted on riverboats or in | ||||||
19 | casinos when
authorized by the Riverboat and Casino
| ||||||
20 | Gambling Act.
| ||||||
21 | (f) Sentence. Syndicated gambling is a Class 3 felony.
| ||||||
22 | (Source: P.A. 86-1029; 87-435.)
| ||||||
23 | (720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
| ||||||
24 | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | ||||||
25 | any real
estate, vehicle, boat or any other property whatsoever |
| |||||||
| |||||||
1 | used for the
purposes of gambling other than gambling conducted | ||||||
2 | in the manner authorized
by the Riverboat and Casino Gambling | ||||||
3 | Act. Any person who knowingly permits any premises
or property | ||||||
4 | owned or occupied by him or under his control to be used as a
| ||||||
5 | gambling place commits a Class A misdemeanor. Each subsequent | ||||||
6 | offense is a
Class 4 felony. When any premises is determined by | ||||||
7 | the circuit court to be
a gambling place:
| ||||||
8 | (a) Such premises is a public nuisance and may be proceeded | ||||||
9 | against as such, and
| ||||||
10 | (b) All licenses, permits or certificates issued by the | ||||||
11 | State of
Illinois or any subdivision or public agency thereof | ||||||
12 | authorizing the
serving of food or liquor on such premises | ||||||
13 | shall be void; and no license,
permit or certificate so | ||||||
14 | cancelled shall be reissued for such premises for
a period of | ||||||
15 | 60 days thereafter; nor shall any person convicted of keeping a
| ||||||
16 | gambling place be reissued such license
for one year from his | ||||||
17 | conviction and, after a second conviction of keeping
a gambling | ||||||
18 | place, any such person shall not be reissued such license, and
| ||||||
19 | (c) Such premises of any person who knowingly permits | ||||||
20 | thereon a
violation of any Section of this Article shall be | ||||||
21 | held liable for, and may
be sold to pay any unsatisfied | ||||||
22 | judgment that may be recovered and any
unsatisfied fine that | ||||||
23 | may be levied under any Section of this Article.
| ||||||
24 | (Source: P.A. 86-1029.)
| ||||||
25 | (720 ILCS 5/28-5)
(from Ch. 38, par. 28-5)
|
| |||||||
| |||||||
1 | Sec. 28-5. Seizure of gambling devices and gambling funds.
| ||||||
2 | (a) Every device designed for gambling which is incapable | ||||||
3 | of lawful use
or every device used unlawfully for gambling | ||||||
4 | shall be considered a
"gambling device", and shall be subject | ||||||
5 | to seizure, confiscation and
destruction by the Department of | ||||||
6 | State Police or by any municipal, or other
local authority, | ||||||
7 | within whose jurisdiction the same may be found. As used
in | ||||||
8 | this Section, a "gambling device" includes any slot machine, | ||||||
9 | and
includes any machine or device constructed for the | ||||||
10 | reception of money or
other thing of value and so constructed | ||||||
11 | as to return, or to cause someone
to return, on chance to the | ||||||
12 | player thereof money, property or a right to
receive money or | ||||||
13 | property. With the exception of any device designed for
| ||||||
14 | gambling which is incapable of lawful use, no gambling device | ||||||
15 | shall be
forfeited or destroyed unless an individual with a | ||||||
16 | property interest in
said device knows of the unlawful use of | ||||||
17 | the device.
| ||||||
18 | (b) Every gambling device shall be seized and forfeited to | ||||||
19 | the county
wherein such seizure occurs. Any money or other | ||||||
20 | thing of value integrally
related to acts of gambling shall be | ||||||
21 | seized and forfeited to the county
wherein such seizure occurs.
| ||||||
22 | (c) If, within 60 days after any seizure pursuant to | ||||||
23 | subparagraph
(b) of this Section, a person having any property | ||||||
24 | interest in the seized
property is charged with an offense, the | ||||||
25 | court which renders judgment
upon such charge shall, within 30 | ||||||
26 | days after such judgment, conduct a
forfeiture hearing to |
| |||||||
| |||||||
1 | determine whether such property was a gambling device
at the | ||||||
2 | time of seizure. Such hearing shall be commenced by a written
| ||||||
3 | petition by the State, including material allegations of fact, | ||||||
4 | the name
and address of every person determined by the State to | ||||||
5 | have any property
interest in the seized property, a | ||||||
6 | representation that written notice of
the date, time and place | ||||||
7 | of such hearing has been mailed to every such
person by | ||||||
8 | certified mail at least 10 days before such date, and a
request | ||||||
9 | for forfeiture. Every such person may appear as a party and
| ||||||
10 | present evidence at such hearing. The quantum of proof required | ||||||
11 | shall
be a preponderance of the evidence, and the burden of | ||||||
12 | proof shall be on
the State. If the court determines that the | ||||||
13 | seized property was
a gambling device at the time of seizure, | ||||||
14 | an order of forfeiture and
disposition of the seized property | ||||||
15 | shall be entered: a gambling device
shall be received by the | ||||||
16 | State's Attorney, who shall effect its
destruction, except that | ||||||
17 | valuable parts thereof may be liquidated and
the resultant | ||||||
18 | money shall be deposited in the general fund of the county
| ||||||
19 | wherein such seizure occurred; money and other things of value | ||||||
20 | shall be
received by the State's Attorney and, upon | ||||||
21 | liquidation, shall be
deposited in the general fund of the | ||||||
22 | county wherein such seizure
occurred. However, in the event | ||||||
23 | that a defendant raises the defense
that the seized slot | ||||||
24 | machine is an antique slot machine described in
subparagraph | ||||||
25 | (b) (7) of Section 28-1 of this Code and therefore he is
exempt | ||||||
26 | from the charge of a gambling activity participant, the seized
|
| |||||||
| |||||||
1 | antique slot machine shall not be destroyed or otherwise | ||||||
2 | altered until a
final determination is made by the Court as to | ||||||
3 | whether it is such an
antique slot machine. Upon a final | ||||||
4 | determination by the Court of this
question in favor of the | ||||||
5 | defendant, such slot machine shall be
immediately returned to | ||||||
6 | the defendant. Such order of forfeiture and
disposition shall, | ||||||
7 | for the purposes of appeal, be a final order and
judgment in a | ||||||
8 | civil proceeding.
| ||||||
9 | (d) If a seizure pursuant to subparagraph (b) of this | ||||||
10 | Section is not
followed by a charge pursuant to subparagraph | ||||||
11 | (c) of this Section, or if
the prosecution of such charge is | ||||||
12 | permanently terminated or indefinitely
discontinued without | ||||||
13 | any judgment of conviction or acquittal (1) the
State's | ||||||
14 | Attorney shall commence an in rem proceeding for the forfeiture
| ||||||
15 | and destruction of a gambling device, or for the forfeiture and | ||||||
16 | deposit
in the general fund of the county of any seized money | ||||||
17 | or other things of
value, or both, in the circuit court and (2) | ||||||
18 | any person having any
property interest in such seized gambling | ||||||
19 | device, money or other thing
of value may commence separate | ||||||
20 | civil proceedings in the manner provided
by law.
| ||||||
21 | (e) Any gambling device displayed for sale to a riverboat | ||||||
22 | gambling
operation or a casino gambling operation or used to | ||||||
23 | train occupational licensees of a riverboat gambling
operation | ||||||
24 | or a casino gambling operation, as authorized under the | ||||||
25 | Riverboat and Casino Gambling Act , is exempt from
seizure under | ||||||
26 | this Section.
|
| |||||||
| |||||||
1 | (f) Any gambling equipment, devices and supplies provided | ||||||
2 | by a licensed
supplier in accordance with the Riverboat and | ||||||
3 | Casino Gambling Act which are removed
from a
the riverboat or | ||||||
4 | casino for repair are
exempt from seizure under this Section.
| ||||||
5 | (Source: P.A. 87-826.)
| ||||||
6 | (720 ILCS 5/28-7)
(from Ch. 38, par. 28-7)
| ||||||
7 | Sec. 28-7. Gambling contracts void.
| ||||||
8 | (a) All promises, notes, bills, bonds, covenants, | ||||||
9 | contracts, agreements,
judgments, mortgages, or other | ||||||
10 | securities or conveyances made, given,
granted, drawn, or | ||||||
11 | entered into, or executed by any person whatsoever,
where the | ||||||
12 | whole or any part of the consideration thereof is for any
money | ||||||
13 | or thing of value, won or obtained in violation of any Section | ||||||
14 | of
this Article are null and void.
| ||||||
15 | (b) Any obligation void under this Section may be set aside | ||||||
16 | and vacated
by any court of competent jurisdiction, upon a | ||||||
17 | complaint filed for that
purpose, by the person so granting, | ||||||
18 | giving, entering into, or executing the
same, or by his | ||||||
19 | executors or administrators, or by any creditor, heir,
legatee, | ||||||
20 | purchaser or other person interested therein; or if a judgment,
| ||||||
21 | the same may be set aside on motion of any person stated above, | ||||||
22 | on due
notice thereof given.
| ||||||
23 | (c) No assignment of any obligation void under this Section | ||||||
24 | may in any
manner affect the defense of the person giving, | ||||||
25 | granting, drawing, entering
into or executing such obligation, |
| |||||||
| |||||||
1 | or the remedies of any person interested
therein.
| ||||||
2 | (d) This Section shall not prevent a licensed owner of a | ||||||
3 | riverboat
gambling operation or a casino gambling operation
| ||||||
4 | from instituting a cause of
action to collect any amount due | ||||||
5 | and owing under an extension of credit to a
riverboat gambling | ||||||
6 | patron as authorized under Section 11.1 of the
Riverboat and | ||||||
7 | Casino Gambling Act.
| ||||||
8 | (Source: P.A. 87-826.)
| ||||||
9 | Section 960. The Eminent Domain Act is amended by adding | ||||||
10 | Section 15-5-45 as follows: | ||||||
11 | (735 ILCS 30/15-5-45 new)
| ||||||
12 | Sec. 15-5-45. Eminent domain powers in New Acts. The | ||||||
13 | following provisions of law may include express grants of the | ||||||
14 | power to acquire property by condemnation or eminent domain: | ||||||
15 | Chicago Casino Development Authority Act; Chicago Casino | ||||||
16 | Development Authority; for the purposes of the Act.
| ||||||
17 | Section 965. The Travel Promotion Consumer Protection Act | ||||||
18 | is amended by changing Section 2 as follows:
| ||||||
19 | (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
| ||||||
20 | Sec. 2. Definitions.
| ||||||
21 | (a) "Travel promoter" means a person, including a tour |
| |||||||
| |||||||
1 | operator, who sells,
provides, furnishes, contracts for, | ||||||
2 | arranges or advertises that he or she will
arrange wholesale or | ||||||
3 | retail transportation by air, land, sea or navigable
stream, | ||||||
4 | either separately or in conjunction with other services. | ||||||
5 | "Travel
promoter" does not include (1) an air carrier; (2) a | ||||||
6 | sea carrier; (3) an
officially appointed agent of an air | ||||||
7 | carrier who is a member in good standing
of the Airline | ||||||
8 | Reporting Corporation; (4) a travel promoter who has in
force | ||||||
9 | $1,000,000 or more of liability insurance coverage for | ||||||
10 | professional
errors and omissions and a surety bond or | ||||||
11 | equivalent surety in the amount of
$100,000 or more for the | ||||||
12 | benefit of consumers in the event of a bankruptcy on
the part | ||||||
13 | of the travel promoter; or (5) a riverboat subject to | ||||||
14 | regulation under
the Riverboat and Casino Gambling Act.
| ||||||
15 | (b) "Advertise" means to make any representation in the | ||||||
16 | solicitation of
passengers and includes communication with | ||||||
17 | other members of the same
partnership, corporation, joint | ||||||
18 | venture, association, organization, group or
other entity.
| ||||||
19 | (c) "Passenger" means a person on whose behalf money or | ||||||
20 | other
consideration has been given or is to be given to | ||||||
21 | another, including
another member of the same partnership, | ||||||
22 | corporation, joint venture,
association, organization, group | ||||||
23 | or other entity, for travel.
| ||||||
24 | (d) "Ticket or voucher" means a writing or combination of | ||||||
25 | writings which
is itself good and sufficient to obtain
| ||||||
26 | transportation and other services for which the passenger has |
| |||||||
| |||||||
1 | contracted.
| ||||||
2 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
3 | Section 970. The State Finance Act is amended by adding | ||||||
4 | Sections 5.676, 5.677, 5.678, and 6z-69 as follows:
| ||||||
5 | (30 ILCS 105/5.676 new)
| ||||||
6 | Sec. 5.676. The Racing Industry Workers' Fund.
| ||||||
7 | (30 ILCS 105/5.677 new)
| ||||||
8 | Sec. 5.677. The Depressed Communities Economic Development | ||||||
9 | Fund. | ||||||
10 | (30 ILCS 105/5.678 new)
| ||||||
11 | Sec. 5.678. The Capital Program Acceleration Fund. | ||||||
12 | (30 ILCS 105/6z-69 new)
| ||||||
13 | Sec. 6z-69. The Capital Program Acceleration Fund. The | ||||||
14 | Capital Program Acceleration Fund is created as a special fund | ||||||
15 | in the State treasury. Subject to appropriation, moneys in the | ||||||
16 | Capital Program Acceleration Fund shall be used solely for the | ||||||
17 | purpose of capital-related expenditures. | ||||||
18 | Moneys received for the purposes of this Section must be | ||||||
19 | deposited into the Fund. Any interest earned on moneys in the | ||||||
20 | Fund must be deposited into the Fund.
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.490 rep.)
| ||||||
2 | Section 975. The State Finance Act is amended by repealing | ||||||
3 | Section 5.490.
| ||||||
4 | (230 ILCS 5/31.1 rep.)
| ||||||
5 | (230 ILCS 5/54 rep.)
| ||||||
6 | Section 980. The Illinois Horse Racing Act of 1975 is | ||||||
7 | amended by repealing Sections 31.1 and 54. | ||||||
8 | Section 997. Inseverability. The amendatory provisions of | ||||||
9 | this Act are mutually dependent and inseverable. If any | ||||||
10 | amendatory provision is held invalid other than as applied to a | ||||||
11 | particular person or circumstance, then all of the amendatory | ||||||
12 | provisions of this Act are invalid.
| ||||||
13 | Section 999. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
|