Rep. Lou Lang
Filed: 5/29/2008
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1 | AMENDMENT TO HOUSE BILL 2650
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2 | AMENDMENT NO. ______. Amend House Bill 2650 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "ARTICLE 1. | ||||||
5 | Section 1-1. Short title. This Act may be cited as the | ||||||
6 | Chicago Casino Development Authority Act.
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7 | Section 1-5. Definitions.
As used in this Act: | ||||||
8 | "Authority" means the Chicago Casino Development Authority | ||||||
9 | created by this
Act. | ||||||
10 | "Board" means the board appointed pursuant to this Act to | ||||||
11 | govern and control
the Authority.
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12 | "Casino" means one temporary land-based facility and a | ||||||
13 | permanent land-based facility, at each of which lawful gambling | ||||||
14 | is authorized
and licensed as provided in the Illinois Gambling | ||||||
15 | Act.
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1 | "City" means the City of Chicago.
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2 | "Casino operator licensee" means any person or entity | ||||||
3 | selected by the Authority and approved and licensed by the | ||||||
4 | Gaming Board to manage and operate a casino within the City of | ||||||
5 | Chicago pursuant to a casino management contract.
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6 | "Casino management contract" means a legally binding
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7 | agreement between the Authority and a casino operator licensee | ||||||
8 | to operate or manage a casino.
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9 | "Executive director" means the person appointed by the | ||||||
10 | Board to oversee the
daily operations of the Authority.
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11 | "Gaming Board" means the Illinois Gaming Board created by | ||||||
12 | the Illinois Gambling Act.
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13 | "Mayor" means the Mayor of the City.
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14 | Section 1-12. Creation of the Authority. After the 5 | ||||||
15 | members of the Illinois Gaming Board are appointed and | ||||||
16 | qualified pursuant to this amendatory Act of the 95th General | ||||||
17 | Assembly, there is hereby created a political subdivision, unit | ||||||
18 | of local government with only the powers authorized by law, | ||||||
19 | body politic, and municipal corporation, by the name and style | ||||||
20 | of the Chicago Casino Development Authority. | ||||||
21 | Section 1-13. Duties of the Authority. It shall be the duty | ||||||
22 | of the Authority, as a casino licensee under the Illinois | ||||||
23 | Gambling Act, to promote, operate, and maintain a casino in the | ||||||
24 | City. The Authority shall construct, equip, and maintain |
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1 | grounds, buildings, and facilities for that purpose. The | ||||||
2 | Authority has the right to contract with a casino operator | ||||||
3 | licensee and other third parties in order to fulfill its | ||||||
4 | purpose. The Authority is granted all rights and powers | ||||||
5 | necessary to perform such duties. | ||||||
6 | Section 1-15. Board. | ||||||
7 | (a) The governing and administrative powers of the | ||||||
8 | Authority shall be vested
in a body known as the Chicago Casino | ||||||
9 | Development Board. The Board shall
consist of 3 members | ||||||
10 | appointed by the Mayor. All appointees shall be subject to | ||||||
11 | background investigation and approval by the Gaming Board. One | ||||||
12 | of these
members shall be designated
by the Mayor to serve as | ||||||
13 | chairperson.
All of the members
appointed by the Mayor shall be | ||||||
14 | residents of the City.
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15 | (b) Board members shall receive $300 for each day the | ||||||
16 | Authority meets and
shall be entitled to reimbursement of | ||||||
17 | reasonable expenses incurred in the
performance of their | ||||||
18 | official duties. A Board member who serves in the office
of | ||||||
19 | secretary-treasurer may also receive compensation for services | ||||||
20 | provided
as that officer.
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21 | Section 1-20. Terms of appointments; resignation and | ||||||
22 | removal. | ||||||
23 | (a) The Mayor shall appoint one member of the Board for an | ||||||
24 | initial term expiring July 1 of the year following approval by |
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1 | the Gaming Board, one member for an initial term expiring July | ||||||
2 | 1 three years following approval by the Gaming Board, and one | ||||||
3 | member for an initial term expiring July 1 five years following | ||||||
4 | approval by the Gaming Board.
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5 | (b) All successors shall hold office for a term of 5 years | ||||||
6 | from the first day of July of the year in which they are | ||||||
7 | appointed, except in the case of an appointment to fill a | ||||||
8 | vacancy. Each member, including the chairperson, shall hold | ||||||
9 | office until the expiration of his or her term and until his or | ||||||
10 | her successor is appointed and qualified. Nothing shall | ||||||
11 | preclude a member from serving consecutive terms. Any member | ||||||
12 | may resign from office, to take effect when a successor has | ||||||
13 | been appointed and qualified. A vacancy in office shall occur | ||||||
14 | in the case of a member's death or indictment, conviction, or | ||||||
15 | plea of guilty to a felony. A vacancy shall be filled for the | ||||||
16 | unexpired term by the Mayor with the approval of the Gaming | ||||||
17 | Board.
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18 | (c) The Mayor or the Gaming Board may remove any member of | ||||||
19 | the Board upon a finding of incompetence, neglect of duty, or | ||||||
20 | misfeasance or malfeasance in office or for a violation of this | ||||||
21 | Act. The Gaming Board may remove any member of the Board for | ||||||
22 | any violation of the Illinois Gambling Act or the rules and | ||||||
23 | regulations of the Gaming Board.
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24 | Section 1-25. Organization of Board; meetings. After | ||||||
25 | appointment by the Mayor and approval of the Gaming Board, the |
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1 | Board shall organize for the transaction of business. The Board | ||||||
2 | shall prescribe the time and place for meetings, the manner in | ||||||
3 | which special meetings may be called, and the notice that must | ||||||
4 | be given to members. All actions and meetings of the Board | ||||||
5 | shall be subject to the provisions of the Open Meetings Act. | ||||||
6 | Two members of the Board shall constitute a quorum. All | ||||||
7 | substantive action of the Board shall be by resolution with an | ||||||
8 | affirmative vote of a majority of the members.
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9 | Section 1-30. Executive director; officers. | ||||||
10 | (a) The Board shall appoint
an executive director, subject | ||||||
11 | to completion of a background investigation and approval by the | ||||||
12 | Gaming Board, who shall be the chief executive officer of the
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13 | Authority. The Board shall fix the compensation of the | ||||||
14 | executive director.
Subject to the general control of the | ||||||
15 | Board, the executive director shall be
responsible for the | ||||||
16 | management of the business, properties, and
employees of the | ||||||
17 | Authority. The executive director shall direct the
enforcement | ||||||
18 | of all resolutions, rules, and regulations of the Board, and | ||||||
19 | shall
perform such other duties as may be prescribed from
time | ||||||
20 | to time by the Board. All employees and independent | ||||||
21 | contractors,
consultants, engineers, architects, accountants, | ||||||
22 | attorneys, financial experts,
construction experts and | ||||||
23 | personnel, superintendents, managers, and other
personnel | ||||||
24 | appointed or employed pursuant to this Act shall
report to the | ||||||
25 | executive director. In addition to any other duties set forth |
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1 | in
this Act, the executive director shall do all of the | ||||||
2 | following:
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3 | (1) Direct and supervise the administrative affairs | ||||||
4 | and activities of the
Authority in accordance with its | ||||||
5 | rules, regulations, and policies.
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6 | (2) Attend meetings of the Board.
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7 | (3) Keep minutes of all proceedings of the Board.
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8 | (4) Approve all accounts for salaries, per diem | ||||||
9 | payments, and allowable
expenses of the Board and its | ||||||
10 | employees and consultants.
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11 | (5) Report and make recommendations to the Board | ||||||
12 | concerning the terms and
conditions of any casino | ||||||
13 | management contract.
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14 | (6) Perform any other duty that the Board requires for | ||||||
15 | carrying out the
provisions of this Act.
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16 | (7) Devote his or her full time to the duties of the | ||||||
17 | office and not hold
any other office or employment.
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18 | (b) The Board may select a secretary-treasurer to hold | ||||||
19 | office at the pleasure of the Board. The Board
shall fix the | ||||||
20 | duties of such officer.
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21 | Section 1-31. General rights and powers of the Authority. | ||||||
22 | In addition to the duties and powers set forth in this Act, the | ||||||
23 | Authority shall have the following rights and powers: | ||||||
24 | (1) Adopt and alter an official seal. | ||||||
25 | (2) Establish and change its fiscal year. |
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1 | (3) Sue and be sued, plead and be impleaded, all in its | ||||||
2 | own name, and agree to binding arbitration of any dispute | ||||||
3 | to which it is a party. | ||||||
4 | (4) Adopt, amend, and repeal by-laws, rules, and | ||||||
5 | regulations consistent with the furtherance of the powers | ||||||
6 | and duties provided for. | ||||||
7 | (5) Maintain its principal office within the City and | ||||||
8 | such other offices as the Board may designate. | ||||||
9 | (6) Select locations in the City for a temporary and a | ||||||
10 | permanent casino, subject to final approval by the Gaming | ||||||
11 | Board. | ||||||
12 | (7) Conduct background investigations of potential | ||||||
13 | casino operator licensees, including its principals or | ||||||
14 | shareholders, and Authority staff. The Authority may | ||||||
15 | request the assistance of the Office of Gaming Enforcement. | ||||||
16 | (8) Employ, either as regular employees or independent | ||||||
17 | contractors, consultants, engineers, architects, | ||||||
18 | accountants, attorneys, financial experts, construction | ||||||
19 | experts and personnel, superintendents, managers and other | ||||||
20 | professional personnel, and such other personnel as may be | ||||||
21 | necessary in the judgment of the Board, and fix their | ||||||
22 | compensation. | ||||||
23 | (9) Own, acquire, construct, equip, lease, operate, | ||||||
24 | and maintain grounds, buildings, and facilities to carry | ||||||
25 | out its corporate purposes and duties. | ||||||
26 | (10) Enter into, revoke, and modify contracts, subject |
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1 | to final approval of the Gaming Board. | ||||||
2 | (11) Enter into a casino management contract subject to | ||||||
3 | the final approval of the Gaming Board. | ||||||
4 | (12) Develop, or cause to be developed by a third | ||||||
5 | party, a master plan for the design, planning, and | ||||||
6 | development of a casino. | ||||||
7 | (13) Negotiate and enter into intergovernmental | ||||||
8 | agreements with the State and its agencies, the City, and | ||||||
9 | other units of local government, in furtherance of the | ||||||
10 | powers and duties of the Board. However, the Authority may | ||||||
11 | not enter into an agreement with the State Police. | ||||||
12 | (14) Receive and disburse funds for its own corporate | ||||||
13 | purposes or as otherwise specified in this Act. | ||||||
14 | (15) Borrow money from any source, public or private, | ||||||
15 | for any corporate purpose, including, without limitation, | ||||||
16 | working capital for its operations, reserve funds, or | ||||||
17 | payment of interest, and to mortgage, pledge, or otherwise | ||||||
18 | encumber the property or funds of the Authority and to | ||||||
19 | contract with or engage the services of any person in | ||||||
20 | connection with any financing, including financial | ||||||
21 | institutions, issuers of letters of credit, or insurers and | ||||||
22 | enter into reimbursement agreements with this person or | ||||||
23 | entity which may be secured as if money were borrowed from | ||||||
24 | the person or entity. | ||||||
25 | (16) Issue bonds as provided for under this Act. | ||||||
26 | (17) Receive and accept from any source, private or |
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1 | public, contributions, gifts, or grants of money or | ||||||
2 | property to the Authority. | ||||||
3 | (18) Provide for the insurance of any property, | ||||||
4 | operations, officers, members, agents, or employees of the | ||||||
5 | Authority against any risk or hazard, to self-insure or | ||||||
6 | participate in joint self-insurance pools or entities to | ||||||
7 | insure against such risk or hazard, and to provide for the | ||||||
8 | indemnification of its officers, members, employees, | ||||||
9 | contractors, or agents against any and all risks. | ||||||
10 | (19) Exercise all the corporate powers granted | ||||||
11 | Illinois corporations under the Business Corporation Act | ||||||
12 | of 1983, except to the extent that powers are inconsistent | ||||||
13 | with those of a body politic and corporate of the State. | ||||||
14 | (20) Do all things necessary or convenient to carry out | ||||||
15 | the powers granted by this Act. | ||||||
16 | Section 1-32. Ethical Conduct. | ||||||
17 | (a) Board members and employees of the Authority must carry | ||||||
18 | out their duties and responsibilities in such a manner as to | ||||||
19 | promote and preserve public trust and confidence in the | ||||||
20 | integrity and conduct of gaming. | ||||||
21 | (b) Except as may be required in the conduct of official | ||||||
22 | duties, Board members and employees of the Authority shall not | ||||||
23 | engage in gambling on any riverboat, in any casino, or in an | ||||||
24 | electronic gaming facility licensed by the Illinois Gaming | ||||||
25 | Board or engage in legalized gambling in any establishment |
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1 | identified by Board action that, in the judgment of the Board, | ||||||
2 | could represent a potential for a conflict of interest. | ||||||
3 | (c) A Board member or employee of the Authority shall not | ||||||
4 | use or attempt to use his or her official position to secure or | ||||||
5 | attempt to secure any privilege, advantage, favor, or influence | ||||||
6 | for himself or herself or others. | ||||||
7 | (d) Board members and employees of the Authority shall not | ||||||
8 | hold or pursue employment, office, position, business, or | ||||||
9 | occupation that may conflict with his or her official duties. | ||||||
10 | Employees may engage in other gainful employment so long as | ||||||
11 | that employment does not interfere or conflict with their | ||||||
12 | duties. Such employment must be disclosed to the Executive | ||||||
13 | Director and approved by the Board. | ||||||
14 | (e) Board members and employees of the Authority may not | ||||||
15 | engage in employment, communications, or any activity that may | ||||||
16 | be deemed a conflict of interest. This prohibition shall extend | ||||||
17 | to any act identified by Board action or Gaming Board action | ||||||
18 | that, in the judgment of the either entity, could represent the | ||||||
19 | potential for or the appearance of a conflict of interest. | ||||||
20 | (f) Board members and employees of the Authority may not | ||||||
21 | have a financial interest, directly or indirectly, in his or | ||||||
22 | her own name or in the name of any other person, partnership, | ||||||
23 | association, trust, corporation, or other entity in any | ||||||
24 | contract or subcontract for the performance of any work for the | ||||||
25 | Authority. This prohibition shall extend to the holding or | ||||||
26 | acquisition of an interest in any entity identified by Board |
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1 | action or Gaming Board action that, in the judgment of the | ||||||
2 | either entity, could represent the potential for or the | ||||||
3 | appearance of a financial interest. The holding or acquisition | ||||||
4 | of an interest in such entities through an indirect means, such | ||||||
5 | as through a mutual fund, shall not be prohibited, expect that | ||||||
6 | the Gaming Board may identify specific investments or funds | ||||||
7 | that, in its judgment, are so influenced by gaming holdings as | ||||||
8 | to represent the potential for or the appearance of a conflict | ||||||
9 | of interest. | ||||||
10 | (g) Board members and employees of the Authority may not | ||||||
11 | accept any gift, gratuity, service, compensation, travel, | ||||||
12 | lodging, or thing of value, with the exception of unsolicited | ||||||
13 | items of an incidental nature, from any person, corporation, or | ||||||
14 | entity doing business with the Authority. | ||||||
15 | (h) No Board member or employee of the Authority may, | ||||||
16 | within a period of 2 years immediately after termination of | ||||||
17 | employment, knowingly accept employment or receive | ||||||
18 | compensation or fees for services from a person or entity, or | ||||||
19 | its parent or affiliate, that has engaged in business with the | ||||||
20 | Authority that resulted in contracts with an aggregate value of | ||||||
21 | at least $25,000 or if that Board member or employee has made a | ||||||
22 | decision that directly applied to the person or entity, or its | ||||||
23 | parent or affiliate. | ||||||
24 | (i) A spouse, child, or parent of a Board member or | ||||||
25 | employee of the Authority may not have a financial interest, | ||||||
26 | directly or indirectly, in his or her own name or in the name |
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1 | of any other person, partnership, association, trust, | ||||||
2 | corporation, or other entity in any contract or subcontract for | ||||||
3 | the performance of any work for the Authority. This prohibition | ||||||
4 | shall extend to the holding or acquisition of an interest in | ||||||
5 | any entity identified by Board action or Gaming Board action | ||||||
6 | that, in the judgment of the either entity, could represent the | ||||||
7 | potential for or the appearance of a conflict of interest. The | ||||||
8 | holding or acquisition of an interest in such entities through | ||||||
9 | an indirect means, such as through a mutual fund, shall not be | ||||||
10 | prohibited, expect that the Gaming Board may identify specific | ||||||
11 | investments or funds that, in its judgment, are so influenced | ||||||
12 | by gaming holdings as to represent the potential for or the | ||||||
13 | appearance of a conflict of interest. | ||||||
14 | (j) A spouse, child, or parent of a Board member or | ||||||
15 | employee of the Authority may not accept any gift, gratuity, | ||||||
16 | service, compensation, travel, lodging, or thing of value, with | ||||||
17 | the exception of unsolicited items of an incidental nature, | ||||||
18 | from any person, corporation, or entity doing business with the | ||||||
19 | Authority. | ||||||
20 | (k) A spouse, child, or parent of a Board member or | ||||||
21 | employee of the Authority may not, within a period of 2 years | ||||||
22 | immediately after termination of employment, knowingly accept | ||||||
23 | employment or receive compensation or fees for services from a | ||||||
24 | person or entity, or its parent or affiliate, that has engaged | ||||||
25 | in business with the Authority that resulted in contracts with | ||||||
26 | an aggregate value of at least $25,000 or if that Board member |
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1 | or employee has made a decision that directly applied to the | ||||||
2 | person or entity, or its parent or affiliate. | ||||||
3 | (l) No Board member or employee of the Authority may | ||||||
4 | attempt, in any way, to influence any person or corporation | ||||||
5 | doing business with the Authority or any officer, agent, or | ||||||
6 | employee thereof to hire or contract with any person or | ||||||
7 | corporation for any compensated work. | ||||||
8 | (m) Any communication between an elected official of the | ||||||
9 | City and any applicant for or party to a casino management | ||||||
10 | contract with the Authority, or an officer, director, or | ||||||
11 | employee thereof, concerning any manner relating in any way to | ||||||
12 | gaming or the Authority shall be disclosed to the Board and the | ||||||
13 | Gaming Board. Such disclosure shall be in writing by the | ||||||
14 | official within 30 days of the communication and shall be filed | ||||||
15 | with the Board. Disclosure must consist of the date of the | ||||||
16 | communication, the identity and job title of the person with | ||||||
17 | whom the communication was made, a brief summary of the | ||||||
18 | communication, the action requested or recommended, all | ||||||
19 | responses made, the identity and job title of the person making | ||||||
20 | the response, and any other pertinent information. | ||||||
21 | (n) Any Board member or employee of the Authority who | ||||||
22 | violates any provision of this Section is guilty of a Class 4 | ||||||
23 | felony.
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24 | Section 1-45. Casino management contracts. | ||||||
25 | (a) The Board shall develop and administer a competitive |
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1 | sealed bidding process
for the
selection of a potential casino | ||||||
2 | operator licensee to develop or operate a casino within the | ||||||
3 | City.
The Board shall issue one or more requests for proposals. | ||||||
4 | The Board may
establish minimum financial and investment | ||||||
5 | requirements to determine the
eligibility of persons to respond | ||||||
6 | to the Board's requests for proposal, and may
establish and | ||||||
7 | consider such other criteria as it deems appropriate. The Board
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8 | may impose a fee upon persons who respond to requests for | ||||||
9 | proposal, in order to
reimburse the Board for its costs in | ||||||
10 | preparing and issuing the requests and
reviewing the proposals.
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11 | (b) Within 5 days after the time limit for submitting bids | ||||||
12 | and proposals has passed, the Board shall make all bids and | ||||||
13 | proposals public. Thereafter, the Board shall evaluate the | ||||||
14 | responses to its requests for proposal and
the ability of all | ||||||
15 | persons or entities responding to its request for proposal
to | ||||||
16 | meet the requirements of this Act and to undertake and perform | ||||||
17 | the
obligations set forth in its requests for proposal.
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18 | (c) After reviewing proposals and subject to Gaming Board | ||||||
19 | approval, the Board shall enter into a casino management | ||||||
20 | contract authorizing the development, construction, or | ||||||
21 | operation of a casino. Validity of the casino management | ||||||
22 | contract is contingent upon the issuance of a casino operator | ||||||
23 | license to the successful bidder. If the Gaming Board approves | ||||||
24 | the contract and grants a casino operator license, the Board | ||||||
25 | shall transmit a copy of the executed casino management | ||||||
26 | contract to the Gaming Board. |
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1 | (d) After the Authority has been issued a casino license, | ||||||
2 | the Gaming Board has issued a casino operator license, and the | ||||||
3 | Gaming Board has approved the location of a temporary facility, | ||||||
4 | the Authority may conduct gaming operations at a temporary | ||||||
5 | facility for no longer than 12 months after gaming operations | ||||||
6 | begin. The Gaming Board may, after holding a public hearing, | ||||||
7 | grant an extension so long as a permanent facility is not | ||||||
8 | operational and the Authority is working in good faith to | ||||||
9 | complete the permanent facility. The Gaming Board may grant | ||||||
10 | additional extensions following a public hearing. Each | ||||||
11 | extension may be for a period of no longer than 6 months. | ||||||
12 | (e) Fifty percent of the total amount received as an | ||||||
13 | upfront fee by the Authority pursuant to a bid for a casino | ||||||
14 | management contract or an executed casino management contract | ||||||
15 | or $300,000,000, whichever is greater, must be transmitted to | ||||||
16 | the State and deposited into the Illinois Works Fund pursuant | ||||||
17 | to Section 7.11 of the Illinois Gambling Act.
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18 | Section 1-50. Transfer of funds. The revenues received by | ||||||
19 | the Authority (other than amounts required to be paid pursuant | ||||||
20 | to the Illinois Gambling Act and amounts required to pay the
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21 | operating expenses of the Authority, to pay amounts due the | ||||||
22 | casino operator licensee pursuant to a casino management | ||||||
23 | contract, to repay any borrowing of the Authority
made pursuant | ||||||
24 | to Section 1-31, to pay debt service on any bonds issued under
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25 | Section
1-75, and to pay any expenses in connection with the |
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1 | issuance of such bonds
pursuant to Section 1-75 or derivative | ||||||
2 | products pursuant to Section 1-85) shall
be transferred
to the
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3 | City by the Authority.
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4 | Section 1-55. Municipal distributions of proceeds from a | ||||||
5 | casino; gaming endowment funds. At least 70% of the moneys that | ||||||
6 | a municipality in which a casino is located receives pursuant | ||||||
7 | to Section 1-50 of this Act shall be described as "gaming | ||||||
8 | endowment funds" and be expended or obligated by the | ||||||
9 | municipality for the following purposes and in the following | ||||||
10 | amounts: | ||||||
11 | (1) 40% of such gaming endowment funds shall be used | ||||||
12 | for or pledged for the construction and maintenance of | ||||||
13 | infrastructure within the municipality, including but not | ||||||
14 | limited to roads, bridges, transit infrastructure, and | ||||||
15 | municipal facilities. | ||||||
16 | (2) 60% of such gaming endowment funds shall be used | ||||||
17 | for or pledged for the construction and maintenance of | ||||||
18 | schools, parks and cultural institution facilities, and | ||||||
19 | museums within the municipality. | ||||||
20 | Section 1-60. Auditor General. | ||||||
21 | (a) Prior to the issuance of bonds under this Act, the | ||||||
22 | Authority shall submit to the Auditor General a certification | ||||||
23 | that: | ||||||
24 | (1) it is legally authorized to issue bonds; |
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1 | (2) scheduled annual payments of principal and | ||||||
2 | interest on the bonds to be issued meet the requirements of | ||||||
3 | Section 1-75 of this Act; | ||||||
4 | (3) no bond shall mature later than 30 years; and | ||||||
5 | (4) after payment of costs of issuance and necessary | ||||||
6 | deposits to funds and accounts established with respect to | ||||||
7 | debt service on the bonds, the net bond proceeds (exclusive | ||||||
8 | of any proceeds to be used to refund outstanding bonds) | ||||||
9 | will be used only for the purposes set forth in this Act. | ||||||
10 | The Authority also shall submit to the Auditor General its | ||||||
11 | projections on revenues to be generated and pledged to | ||||||
12 | repayment of the bonds as scheduled and such other information | ||||||
13 | as the Auditor General may reasonably request. | ||||||
14 | The Auditor General shall examine the certifications and | ||||||
15 | information submitted and submit a report to the Authority and | ||||||
16 | the Gaming Board indicating whether the required | ||||||
17 | certifications, projections, and other information have been | ||||||
18 | submitted by the Authority and that the assumptions underlying | ||||||
19 | the projections are not unreasonable in the aggregate. The | ||||||
20 | Auditor General shall submit the report no later than 60 days | ||||||
21 | after receiving the information required to be submitted by the | ||||||
22 | Authority. | ||||||
23 | The Authority shall not issue bonds until it receives the | ||||||
24 | report from the Auditor General indicating the requirements of | ||||||
25 | this Section have been met. The Auditor General's report shall | ||||||
26 | not be in the nature of a post-audit or examination and shall |
| |||||||
| |||||||
1 | not lead to the issuance of an opinion, as that term is defined | ||||||
2 | in generally accepted government auditing standards. The | ||||||
3 | Auditor General shall submit a bill to the Authority for costs | ||||||
4 | associated with the examinations and report required under this | ||||||
5 | Section. The Authority shall reimburse in a timely manner. | ||||||
6 | (b) The Auditor General has the authority and is required | ||||||
7 | to conduct a financial and management audit of the Authority | ||||||
8 | every 2 years. The Auditor General shall also conduct one | ||||||
9 | post-construction and financing audit of the casino after it is | ||||||
10 | completed and in operation. The Auditor General's audits must | ||||||
11 | be posted on his or her Internet website. The Auditor General | ||||||
12 | shall submit a bill to the Authority for costs associated with | ||||||
13 | the audits required under this Section. The Authority shall | ||||||
14 | reimburse in a timely manner.
| ||||||
15 | Section 1-62. Advisory committee. An Advisory Committee is | ||||||
16 | established to monitor, review, and report on (1) the City's | ||||||
17 | utilization of minority-owned business enterprises and | ||||||
18 | female-owned business enterprises, (2) employment of females, | ||||||
19 | and (3) employment of minorities with regard to the development | ||||||
20 | and construction of the casino as authorized under Section | ||||||
21 | 7(e-6) of the Riverboat and Casino Gambling Act. The City of | ||||||
22 | Chicago shall work with the Advisory Committee in accumulating | ||||||
23 | necessary information for the Committee to submit reports, as | ||||||
24 | necessary, to the General Assembly and to the City of Chicago. | ||||||
25 | The Committee shall consist of 15 members as provided in |
| |||||||
| |||||||
1 | this Section. Seven members shall be selected by the Mayor of | ||||||
2 | the City of Chicago; 2 members shall be selected by the | ||||||
3 | President of the Illinois Senate; 2 members shall be selected | ||||||
4 | by the Speaker of the House of Representatives; 2 members shall | ||||||
5 | be selected by the Minority Leader of the Senate; and 2 members | ||||||
6 | shall be selected by the Minority Leader of the House of | ||||||
7 | Representatives. The Advisory Committee shall meet | ||||||
8 | periodically and shall report the information to the Mayor of | ||||||
9 | the City and to the General Assembly by December 31st of every | ||||||
10 | year. | ||||||
11 | The Advisory Committee shall be dissolved on the date that | ||||||
12 | casino gambling operations are first conducted under the | ||||||
13 | license authorized under Section 7(e-6) of the Illinois | ||||||
14 | Gambling Act, other than at a temporary facility. | ||||||
15 | For the purposes of this Section, the terms "female" and | ||||||
16 | "minority person" have the meanings provided in Section 2 of | ||||||
17 | the Business Enterprise for Minorities, Females, and Persons | ||||||
18 | with Disabilities Act.
| ||||||
19 | Section 1-65. Acquisition of property; eminent domain | ||||||
20 | proceedings. For the lawful purposes of this Act, the City may | ||||||
21 | acquire by eminent
domain or by condemnation proceedings in the | ||||||
22 | manner provided by the Eminent Domain Act, real or personal | ||||||
23 | property or interests in real
or personal property located in | ||||||
24 | the City, and the City may convey to the Authority
property so | ||||||
25 | acquired. The acquisition of property under this Section is
|
| |||||||
| |||||||
1 | declared to be for a public use.
| ||||||
2 | Section 1-70. Local regulation. The casino facilities and | ||||||
3 | operations therein
shall be subject to all ordinances and | ||||||
4 | regulations of the City. The
construction, development, and | ||||||
5 | operation of the casino shall comply with all
ordinances, | ||||||
6 | regulations, rules, and controls of the City, including but not
| ||||||
7 | limited to those relating to zoning and planned development, | ||||||
8 | building, fire
prevention, and land use. However, the | ||||||
9 | regulation of gaming operations is
subject to the exclusive | ||||||
10 | jurisdiction of the Gaming Board.
| ||||||
11 | Section 1-75. Borrowing. | ||||||
12 | (a) The Authority may borrow money and
issue bonds as | ||||||
13 | provided in this Section. Bonds of the Authority may be issued
| ||||||
14 | to provide funds for land acquisition, site assembly and | ||||||
15 | preparation, and the design and construction of the casino, as | ||||||
16 | defined in the Illinois Gambling Act, all ancillary and related | ||||||
17 | facilities comprising the casino complex, and all on-site and | ||||||
18 | off-site infrastructure improvements required in connection | ||||||
19 | with the development of the casino; to refund (at the time or | ||||||
20 | in advance of any maturity or
redemption) or redeem any bonds | ||||||
21 | of the Authority; to provide or increase a
debt
service reserve | ||||||
22 | fund or other reserves with respect to any or all of its bonds;
| ||||||
23 | or to pay the legal, financial, administrative, bond
insurance, | ||||||
24 | credit enhancement, and other legal expenses of the |
| |||||||
| |||||||
1 | authorization,
issuance, or delivery of bonds. In this Act, the | ||||||
2 | term "bonds" also includes
notes of any kind, interim | ||||||
3 | certificates, refunding bonds, or any other evidence
of | ||||||
4 | obligation for borrowed money issued under this Section. Bonds | ||||||
5 | may be
issued in one or more series and may be payable and | ||||||
6 | secured either on a parity
with or separately from other bonds.
| ||||||
7 | (b) The bonds of the Authority shall be payable from one or | ||||||
8 | more of
the following sources: (i) the property or revenues of | ||||||
9 | the Authority; (ii)
revenues derived from the casino; (iii) | ||||||
10 | revenues derived from any casino
operator licensee; (iv) fees, | ||||||
11 | bid proceeds, charges, lease payments, payments required | ||||||
12 | pursuant to any
casino management contract or other revenues | ||||||
13 | payable to the
Authority, or any
receipts of the Authority; (v) | ||||||
14 | payments by financial institutions, insurance
companies, or | ||||||
15 | others pursuant to letters or lines of credit, policies of
| ||||||
16 | insurance, or purchase agreements; (vi) investment earnings | ||||||
17 | from funds or
accounts maintained pursuant to a bond resolution | ||||||
18 | or trust indenture; (vii)
proceeds of refunding bonds; (viii) | ||||||
19 | any other revenues derived from or payments by the City; and | ||||||
20 | (ix) any payments by any casino operator licensee or others | ||||||
21 | pursuant to any guaranty agreement.
| ||||||
22 | (c) Bonds shall be authorized by a resolution of the | ||||||
23 | Authority and may be
secured by a trust indenture by and | ||||||
24 | between the Authority and a corporate
trustee or trustees, | ||||||
25 | which may be any trust company or bank having the powers
of a | ||||||
26 | trust company within or without the State. Bonds shall meet the |
| |||||||
| |||||||
1 | following requirements:
| ||||||
2 | (1) Bonds shall bear interest at a rate not to exceed | ||||||
3 | the maximum rate authorized by the Bond Authorization Act.
| ||||||
4 | (2) Bonds issued pursuant to this Section must be | ||||||
5 | issued with principal or mandatory redemption amounts in | ||||||
6 | equal amounts, with the first maturity issued occurring | ||||||
7 | within the fiscal year in which the bonds are issued or | ||||||
8 | within the next succeeding fiscal year, and with bonds | ||||||
9 | maturing or subject to mandatory redemption each fiscal | ||||||
10 | year thereafter up to 30 years. | ||||||
11 | (3) At least 25%, based on total principal amount, of | ||||||
12 | all bonds issued pursuant to this Section shall be sold | ||||||
13 | pursuant to notice of sale and public bid. No more than | ||||||
14 | 75%, based on total principal amount, of all bonds issued | ||||||
15 | pursuant to this Section shall be sold by negotiated sale.
| ||||||
16 | (4) Bonds shall be payable at a time or times, in the | ||||||
17 | denominations and form,
including book entry form, either | ||||||
18 | coupon, registered, or both, and carry the
registration and | ||||||
19 | privileges as to exchange, transfer or conversion, and
| ||||||
20 | replacement of mutilated, lost, or destroyed bonds as the | ||||||
21 | resolution or trust
indenture may provide.
| ||||||
22 | (5) Bonds shall be payable in lawful money of the | ||||||
23 | United States at a designated
place.
| ||||||
24 | (6) Bonds shall be subject to the terms of purchase, | ||||||
25 | payment, redemption, refunding,
or refinancing that the | ||||||
26 | resolution or trust indenture provides.
|
| |||||||
| |||||||
1 | (7) Bonds shall be executed by the manual or facsimile | ||||||
2 | signatures of the officers
of the Authority designated by | ||||||
3 | the Board, which signatures shall be valid at
delivery even
| ||||||
4 | for one who has ceased to hold office.
| ||||||
5 | (8) Bonds shall be sold at public or private sale in | ||||||
6 | the manner and upon the terms
determined by the Authority.
| ||||||
7 | (9) Bonds shall be issued in accordance with the | ||||||
8 | provisions of the Local
Government Debt Reform Act.
| ||||||
9 | (d) The Authority shall adopt a procurement program with | ||||||
10 | respect to contracts relating to underwriters, bond counsel, | ||||||
11 | financial advisors, and accountants. The program shall include | ||||||
12 | goals for the payment of not less than 30% of the total dollar | ||||||
13 | value of the fees from these contracts to minority owned | ||||||
14 | businesses and female owned businesses as defined in the | ||||||
15 | Business Enterprise for Minorities, Females, and Persons with | ||||||
16 | Disabilities Act. The Authority shall conduct outreach to | ||||||
17 | minority owned businesses and female owned businesses. | ||||||
18 | Outreach shall include, but is not limited to, advertisements | ||||||
19 | in periodicals and newspapers, mailings, and other appropriate | ||||||
20 | media. The Authority shall submit to the General Assembly a | ||||||
21 | comprehensive report that shall include, at a minimum, the | ||||||
22 | details of the procurement plan, outreach efforts, and the | ||||||
23 | results of the efforts to achieve goals for the payment of | ||||||
24 | fees. | ||||||
25 | (e) Subject to the Illinois Gambling Act and rules of the | ||||||
26 | Gaming Board regarding pledging
of interests in holders of |
| |||||||
| |||||||
1 | owners licenses, any resolution or trust indenture may contain | ||||||
2 | provisions that may be a part of
the contract with the holders | ||||||
3 | of the bonds as to the following:
| ||||||
4 | (1) Pledging, assigning, or directing the use, | ||||||
5 | investment, or disposition
of revenues of the Authority or | ||||||
6 | proceeds or benefits of any contract, including
without | ||||||
7 | limitation, any rights in any casino management
contract.
| ||||||
8 | (2) The setting aside of loan funding deposits, debt | ||||||
9 | service reserves, replacement or operating reserves, cost | ||||||
10 | of
issuance 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 | (f) No member of the Board, nor any person executing the | ||||||
11 | bonds, shall be
liable personally on the bonds or subject to | ||||||
12 | any personal liability by reason
of the issuance of the bonds.
| ||||||
13 | (g) The Authority may issue and secure bonds in accordance | ||||||
14 | with the
provisions of the Local Government Credit Enhancement | ||||||
15 | Act.
| ||||||
16 | (h) A pledge by the Authority of revenues and receipts as | ||||||
17 | security for an
issue of bonds or for the performance of its | ||||||
18 | obligations under any casino
management contract shall
be valid | ||||||
19 | and binding from the time when the pledge is made. The revenues | ||||||
20 | and
receipts pledged shall immediately be subject to the lien | ||||||
21 | of the pledge without
any physical delivery or further act,
and | ||||||
22 | the lien of any pledge shall be valid and binding against any | ||||||
23 | person having
any claim of any kind in tort, contract, or | ||||||
24 | otherwise against the Authority,
irrespective of whether the | ||||||
25 | person has notice. No resolution, trust indenture,
management | ||||||
26 | agreement or financing statement, continuation statement, or |
| |||||||
| |||||||
1 | other
instrument adopted or entered into by the Authority need | ||||||
2 | be filed or recorded
in any public record other than the | ||||||
3 | records of the Authority in order to
perfect the lien against | ||||||
4 | third persons, regardless of any contrary provision of
law.
| ||||||
5 | (i) Bonds that are being paid or retired by issuance, sale, | ||||||
6 | or delivery of
bonds, and bonds for which sufficient funds have | ||||||
7 | been deposited with the paying
agent or trustee to provide for | ||||||
8 | payment of principal and interest thereon, and
any redemption | ||||||
9 | premium, as provided in the authorizing resolution, shall not | ||||||
10 | be
considered outstanding for the purposes of this subsection.
| ||||||
11 | (j) The bonds of the Authority shall not be indebtedness of | ||||||
12 | the
State.
The bonds of the Authority are not general | ||||||
13 | obligations of the State and are not secured by a pledge of the | ||||||
14 | full faith and
credit of the State and the holders of bonds of | ||||||
15 | the Authority may
not require, except as provided in this Act, | ||||||
16 | the application of State revenues or
funds to the payment of | ||||||
17 | bonds of the Authority.
| ||||||
18 | (k) The State of
Illinois pledges and agrees with the | ||||||
19 | owners of the bonds that it will not limit
or alter the rights | ||||||
20 | and powers vested in the Authority by this Act so as to
impair | ||||||
21 | the terms of any contract made by the Authority with the owners | ||||||
22 | or in
any way impair the rights and remedies of the owners | ||||||
23 | until the bonds, together
with interest on them, and all costs | ||||||
24 | and expenses in connection with any action
or proceedings by or | ||||||
25 | on behalf of the owners, are fully met and discharged.
The | ||||||
26 | Authority is authorized to include this pledge and
agreement in |
| |||||||
| |||||||
1 | any contract with the owners of bonds issued under this | ||||||
2 | Section.
| ||||||
3 | (l) No person holding an elective office in this State, | ||||||
4 | holding a seat in the General Assembly, or serving as a board | ||||||
5 | member, trustee, officer, or employee of the Authority, | ||||||
6 | including the spouse of that person, may receive a legal, | ||||||
7 | banking, consulting, or other fee related to the issuance of | ||||||
8 | bonds.
| ||||||
9 | Section 1-85. Derivative products. With respect to all or | ||||||
10 | part of any issue
of its bonds, the Authority may enter into | ||||||
11 | agreements or contracts with any
necessary or appropriate | ||||||
12 | person, which will have the benefit of providing to
the
| ||||||
13 | Authority an interest rate basis, cash flow basis, or other | ||||||
14 | basis different
from that provided in the bonds for the payment | ||||||
15 | of interest. Such agreements
or contracts may include, without | ||||||
16 | limitation, agreements or contracts commonly
known as | ||||||
17 | "interest rate swap agreements", "forward payment conversion
| ||||||
18 | agreements", "futures", "options", "puts", or "calls" and | ||||||
19 | agreements or
contracts providing for payments based on levels | ||||||
20 | of or changes in interest
rates, agreements or contracts to | ||||||
21 | exchange cash flows or a series of payments,
or to hedge | ||||||
22 | payment, rate spread, or similar exposure.
| ||||||
23 | Section 1-90. Legality for investment. The State of | ||||||
24 | Illinois, all
governmental entities, all public officers, |
| |||||||
| |||||||
1 | banks, bankers, trust companies,
savings banks and | ||||||
2 | institutions, building and loan associations, savings and
loan | ||||||
3 | associations, investment companies, and other persons carrying | ||||||
4 | on a
banking
business, insurance companies, insurance | ||||||
5 | associations, and other persons
carrying on an insurance | ||||||
6 | business, and all executors, administrators,
guardians, | ||||||
7 | trustees, and other fiduciaries may legally invest any sinking
| ||||||
8 | funds,
moneys, or other funds belonging to them or within their | ||||||
9 | control in
any bonds issued under this Act. However, nothing in | ||||||
10 | this Section shall be
construed as relieving any person, firm, | ||||||
11 | or corporation from any duty of
exercising reasonable care in | ||||||
12 | selecting securities for purchase or investment.
| ||||||
13 | Section 1-95. Tax exemption. The Authority and all of its | ||||||
14 | operations and
property used for public purposes shall be | ||||||
15 | exempt from all taxation of any kind
imposed by the State of | ||||||
16 | Illinois or any political subdivision, school district,
| ||||||
17 | municipal corporation, or unit of local government of the State | ||||||
18 | of Illinois.
However, nothing in this Act prohibits the | ||||||
19 | imposition of any other taxes where
such imposition is not | ||||||
20 | prohibited by Section 21 of the Illinois Gambling Act.
| ||||||
21 | Section 1-105. Budgets and reporting.
| ||||||
22 | (a) The Board shall annually adopt a budget for each
fiscal | ||||||
23 | year. The budget may be modified from time to time in the same | ||||||
24 | manner
and upon the same vote as it may be adopted. The budget |
| |||||||
| |||||||
1 | shall include the
Authority's available funds and estimated | ||||||
2 | revenues and shall provide for
payment of its obligations and | ||||||
3 | estimated expenditures for the fiscal year,
including, without | ||||||
4 | limitation, expenditures for administration, operation,
| ||||||
5 | maintenance and repairs, debt service, and deposits into | ||||||
6 | reserve and other
funds
and capital projects.
| ||||||
7 | (b) The Board shall annually cause the finances of the | ||||||
8 | Authority to be
audited by a firm of certified public | ||||||
9 | accountants and post the firm's audits of the Authority on the | ||||||
10 | Authority's Internet website.
| ||||||
11 | (c) The Board shall, for each fiscal year, prepare an | ||||||
12 | annual report
setting forth information concerning its | ||||||
13 | activities in the fiscal year and the
status of the development | ||||||
14 | of the casino. The annual report shall include the
audited | ||||||
15 | financial statements of the Authority for the fiscal year, the | ||||||
16 | budget
for the succeeding fiscal year, and the current capital | ||||||
17 | plan as of the date of
the report. Copies of the annual report | ||||||
18 | shall be made available to persons who
request them and shall | ||||||
19 | be submitted not later than 120 days after the end of
the | ||||||
20 | Authority's fiscal year to the Governor, the Mayor, the General | ||||||
21 | Assembly, and the Commission on Government Forecasting and | ||||||
22 | Accountability.
| ||||||
23 | Section 1-110. Deposit and withdrawal of funds. | ||||||
24 | (a) All funds deposited by the Authority in any bank or | ||||||
25 | savings and loan
association shall be placed in the name of the |
| |||||||
| |||||||
1 | Authority and shall be withdrawn
or paid out only by check or | ||||||
2 | draft upon the bank or savings and loan
association, signed by | ||||||
3 | 2 officers or employees designated by the Board.
| ||||||
4 | Notwithstanding any other provision of this Section, the Board | ||||||
5 | may designate
any of its members or any officer or employee of | ||||||
6 | the Authority to authorize the
wire transfer of funds deposited | ||||||
7 | by the secretary-treasurer of funds in a bank
or savings and | ||||||
8 | loan association for the payment of payroll and employee
| ||||||
9 | benefits-related expenses.
| ||||||
10 | No bank or savings and loan association shall receive | ||||||
11 | public funds as
permitted by this Section unless it has | ||||||
12 | complied with the requirements
established pursuant to Section | ||||||
13 | 6 of the Public
Funds Investment Act.
| ||||||
14 | (b) If any officer or employee whose signature appears upon | ||||||
15 | any check
or draft issued pursuant to this Act ceases (after | ||||||
16 | attaching his signature) to
hold his or her office before the | ||||||
17 | delivery of such a check or draft to the
payee, his or her | ||||||
18 | signature shall nevertheless be valid and sufficient for all
| ||||||
19 | purposes with the same effect as if he or she had remained in | ||||||
20 | office until
delivery thereof.
| ||||||
21 | Section 1-112. Contracts with the Authority or casino | ||||||
22 | operator licensee; disclosure requirements. | ||||||
23 | (a) A bidder, respondent, offeror, or contractor must | ||||||
24 | disclose the names of all officers and directors. A bidder, | ||||||
25 | respondent, or offeror, or contractor for contracts with the |
| |||||||
| |||||||
1 | Authority or casino operator licensee shall disclose the | ||||||
2 | identity of every owner, beneficiary, or person with beneficial | ||||||
3 | interest of more than 1%, or shareholder entitled to receive | ||||||
4 | more than 1% of the total distributable income of any | ||||||
5 | corporation, having any interest in the contract in the bidder, | ||||||
6 | respondent, offeror, or contractor. The disclosure shall be in | ||||||
7 | writing and attested to by an owner, trustee, corporate | ||||||
8 | official, or agent. If stock in a corporation is publicly | ||||||
9 | traded and there is no readily known individual having greater | ||||||
10 | than a 1% interest, then a statement to that affect attested to | ||||||
11 | by an officer or agent of the corporation or shall fulfill the | ||||||
12 | disclosure statement requirement of this Section. A bidder, | ||||||
13 | respondent, offeror, or contractor shall notify the Authority | ||||||
14 | of any changes in officers, directors, ownership, or | ||||||
15 | individuals having a beneficial interest of more than 1%. | ||||||
16 | (b) A bidder, respondent, offeror, or contractor for | ||||||
17 | contracts with an annual value of $10,000 or for a period to | ||||||
18 | exceed one year shall disclose all political contributions of | ||||||
19 | the bidder, respondent, offeror, or contractor and any | ||||||
20 | affiliated person or entity. Disclosure shall include at least | ||||||
21 | the names and addresses of the contributors and the dollar | ||||||
22 | amounts of any contributions to any political committee made | ||||||
23 | within the previous 2 years. The disclosure must be submitted | ||||||
24 | to the Gaming Board with a copy of the contract prior to Gaming | ||||||
25 | Board approval of the contract. The Gaming Board shall refuse | ||||||
26 | to approve any contract that does not include the required |
| |||||||
| |||||||
1 | disclosure. | ||||||
2 | (c) As used in this Section: | ||||||
3 | "Contribution" means contribution as defined in Section | ||||||
4 | 9-1.4 of the Election Code. | ||||||
5 | "Affiliated person" means (i) any person with any ownership | ||||||
6 | interest or distributive share of the bidding, responding, or | ||||||
7 | contracting entity in excess of 1%, (ii) executive employees of | ||||||
8 | the bidding, responding, or contracting entity, and (iii) the | ||||||
9 | spouse and minor children of any such persons. | ||||||
10 | "Affiliated entity" means (i) any parent or subsidiary of | ||||||
11 | the bidding or contracting entity, (ii) any member of the same | ||||||
12 | unitary business group, or (iii) any political committee for | ||||||
13 | which the bidding, responding, or contracting entity is the | ||||||
14 | sponsoring entity. | ||||||
15 | (d) The Gaming Board may direct the Authority or a casino | ||||||
16 | operator licensee to void a contract if a violation of this | ||||||
17 | Section occurs. The Authority may direct a casino operator | ||||||
18 | licensee to void a contract if a violation of this Section | ||||||
19 | occurs. | ||||||
20 | Section 1-115. Purchasing. | ||||||
21 | (a) All construction contracts and contracts for supplies, | ||||||
22 | materials,
equipment, and services,
when the cost thereof to | ||||||
23 | the Authority exceeds $25,000, shall be let by a competitive | ||||||
24 | selection process to
the lowest responsible proposer, after | ||||||
25 | advertising for proposals, except for the
following:
|
| |||||||
| |||||||
1 | (1) When repair parts, accessories, equipment, or | ||||||
2 | services are required
for
equipment or services previously | ||||||
3 | furnished or contracted for;
| ||||||
4 | (2) Professional services;
| ||||||
5 | (3) When services such as water, light, heat, power, | ||||||
6 | telephone (other than
long-distance service), or telegraph | ||||||
7 | are required;
| ||||||
8 | (4) When contracts for the use, purchase, delivery, | ||||||
9 | movement, or
installation of data processing equipment, | ||||||
10 | software, or services and
telecommunications equipment,
| ||||||
11 | software, and services are required;
| ||||||
12 | (5) Casino management contracts, which shall be | ||||||
13 | awarded as
set forth in Section 1-45 of this Act.
| ||||||
14 | (b) All contracts involving less than $25,000 shall be let | ||||||
15 | by competitive
selection process whenever possible, and in any | ||||||
16 | event in a manner calculated to ensure
the best interests of | ||||||
17 | the public.
| ||||||
18 | (c) In determining the responsibility of any proposer, the | ||||||
19 | Authority may take
into account the proposer's (or an | ||||||
20 | individual having a beneficial interest,
directly or | ||||||
21 | indirectly, of more than 1% in such proposing entity) past | ||||||
22 | record of
dealings with the Authority, the proposer's | ||||||
23 | experience, adequacy of equipment,
and ability to complete | ||||||
24 | performance within the time set, and other factors
besides | ||||||
25 | financial responsibility. No such contract shall be awarded to | ||||||
26 | any proposer other than the lowest proposer (in case of |
| |||||||
| |||||||
1 | purchase or
expenditure) unless authorized or approved by a | ||||||
2 | vote of at least 2 members of
the Board and such action is | ||||||
3 | accompanied by a written statement setting forth the reasons | ||||||
4 | for not awarding the contract to the highest or
lowest | ||||||
5 | proposer, as the case
may be. The statement shall be kept on | ||||||
6 | file in the principal office of the
Authority and open to | ||||||
7 | public inspection.
| ||||||
8 | (d) The Authority shall have the right to reject all | ||||||
9 | proposals and to
re-advertise for proposals. If after
any such | ||||||
10 | re-advertisement, no responsible and satisfactory proposals, | ||||||
11 | within the
terms of the re-advertisement, is received, the | ||||||
12 | Authority may award such
contract without competitive | ||||||
13 | selection, provided that the Gaming Board must approve the | ||||||
14 | contract prior to its execution. The contract must not be less
| ||||||
15 | advantageous to the Authority than any valid proposal received | ||||||
16 | pursuant to
advertisement.
| ||||||
17 | (e) Advertisements for proposals and re-proposals shall be | ||||||
18 | published at least once in
a daily newspaper of general | ||||||
19 | circulation published in the City
at least 10 calendar days | ||||||
20 | before the time for
receiving proposals, and such | ||||||
21 | advertisements shall also be posted on readily
accessible | ||||||
22 | bulletin boards in the principal office of the Authority. Such
| ||||||
23 | advertisements shall state the time and
place for receiving and | ||||||
24 | opening of proposals and, by reference to plans and
| ||||||
25 | specifications on file at the time of the first publication or | ||||||
26 | in the
advertisement itself, shall describe the character of |
| |||||||
| |||||||
1 | the proposed contract in
sufficient detail to fully advise | ||||||
2 | prospective proposers of their obligations and
to ensure free | ||||||
3 | and open competitive selection.
| ||||||
4 | (f) All proposals in response to advertisements shall be | ||||||
5 | sealed and shall be
publicly opened by the Authority. All | ||||||
6 | proposers shall be entitled to be present
in person or by | ||||||
7 | representatives. Cash or a certified or satisfactory cashier's
| ||||||
8 | check, as a deposit of good faith, in a reasonable amount to be | ||||||
9 | fixed by the
Authority before advertising for proposals, shall | ||||||
10 | be required with the proposal. A bond for faithful performance | ||||||
11 | of the contract with surety or
sureties satisfactory to the
| ||||||
12 | Authority and adequate insurance may be required in reasonable | ||||||
13 | amounts to be
fixed by the Authority before advertising for | ||||||
14 | proposals.
| ||||||
15 | (g) The contract shall be awarded as promptly as possible | ||||||
16 | after the opening
of proposals. The proposal of the successful | ||||||
17 | proposer, as well as the bids of the
unsuccessful proposers, | ||||||
18 | shall be placed on file and be open to public inspection.
All | ||||||
19 | proposals shall be void if any disclosure of the terms of any | ||||||
20 | proposals in response
to an advertisement is made or permitted | ||||||
21 | to be made by the Authority before the
time fixed for opening | ||||||
22 | proposals.
| ||||||
23 | (h) Notice of each and every contract that is
offered, | ||||||
24 | including renegotiated contracts and change orders,
shall be | ||||||
25 | published in an online bulletin. The online bulletin must | ||||||
26 | include at least the date first offered,
the date submission of |
| |||||||
| |||||||
1 | offers is due, the location that offers are to be
submitted to, | ||||||
2 | a brief purchase description, the method of source selection,
| ||||||
3 | information of how to obtain a comprehensive purchase | ||||||
4 | description and any
disclosure and contract forms, and | ||||||
5 | encouragement to prospective vendors to hire qualified | ||||||
6 | veterans, as defined by Section 45-67 of the Illinois | ||||||
7 | Procurement Code, and Illinois residents discharged from any | ||||||
8 | Illinois adult correctional center. Notice of each and every | ||||||
9 | contract that is let
or awarded, including renegotiated | ||||||
10 | contracts and change orders, shall be
published in the online | ||||||
11 | bulletin and
must include at least all of the
information | ||||||
12 | specified in this item (h), as well as the name of the | ||||||
13 | successful
responsible proposer or offeror, the contract | ||||||
14 | price, and the number of unsuccessful
responsive proposers and | ||||||
15 | any other disclosure specified in this Section. This notice | ||||||
16 | must be posted in the online electronic bulletin prior to | ||||||
17 | execution of the contract.
| ||||||
18 | ARTICLE 5. | ||||||
19 | Section 5-1. Short title. This Act may be cited as the | ||||||
20 | Illinois Casino Development Authority Act.
| ||||||
21 | Section 5-5. Definitions.
As used in this Act:
| ||||||
22 | "Casino" means one temporary land-based facility and a | ||||||
23 | permanent land-based facility.
|
| |||||||
| |||||||
1 | "Casino management contract" means a legally binding
| ||||||
2 | agreement between the State Authority and a State casino | ||||||
3 | operator licensee to operate or manage a casino.
| ||||||
4 | "Executive director" means the person appointed by the | ||||||
5 | State Board to oversee the
daily operations of the State | ||||||
6 | Authority.
| ||||||
7 | "Gaming Board" means the Illinois Gaming Board created by | ||||||
8 | the Illinois Gambling Act.
| ||||||
9 | "State" means the State of Illinois. | ||||||
10 | "State Authority" means the Illinois Casino Development | ||||||
11 | Authority created by this
Act. | ||||||
12 | "State Board" means the board appointed pursuant to this | ||||||
13 | Act to govern and control
the State Authority.
| ||||||
14 | "State casino operator licensee" means any person or entity | ||||||
15 | selected by the State Authority and approved and licensed by | ||||||
16 | the Gaming Board to manage and operate a casino within the | ||||||
17 | State of Illinois pursuant to a casino management contract.
| ||||||
18 | Section 5-12. Creation of the State Authority. After the 5 | ||||||
19 | members of the Illinois Gaming Board are appointed and | ||||||
20 | qualified pursuant to this amendatory Act of the 95th General | ||||||
21 | Assembly, if the Gaming Board determines pursuant to subsection | ||||||
22 | (b) of Section 7.6 of the Illinois Gambling Act that public | ||||||
23 | ownership of an owners license is in the best interest of the | ||||||
24 | State, there is hereby created a political subdivision, unit of | ||||||
25 | State government with only the powers authorized by law, and |
| |||||||
| |||||||
1 | body politic, by the name and style of the Illinois Casino | ||||||
2 | Development Authority. | ||||||
3 | Section 5-13. Duties of the State Authority. It shall be | ||||||
4 | the duty of the State Authority, as a casino licensee under the | ||||||
5 | Illinois Gambling Act, to promote, operate, and maintain a | ||||||
6 | casino in the State. The State Authority shall construct, | ||||||
7 | equip, and maintain grounds, buildings, and facilities for that | ||||||
8 | purpose. The State Authority has the right to contract with a | ||||||
9 | casino operator licensee and other third parties in order to | ||||||
10 | fulfill its purpose. The State Authority is granted all rights | ||||||
11 | and powers necessary to perform such duties. | ||||||
12 | Section 5-15. State Board. | ||||||
13 | (a) The governing and administrative powers of the State | ||||||
14 | Authority shall be vested
in a body known as the State Casino | ||||||
15 | Development Board. The State Board shall
consist of 3 members | ||||||
16 | appointed by the Governor pursuant to nominations provided by | ||||||
17 | the Nomination Panel created under the Illinois Gambling Act in | ||||||
18 | the manner set forth in Section 5.3 of that Act. All appointees | ||||||
19 | shall be subject to a background investigation and approval by | ||||||
20 | the Gaming Board. One of these
members shall be designated
by | ||||||
21 | the Governor to serve as chairperson.
All of the members
| ||||||
22 | appointed by the Governor shall be residents of Illinois.
| ||||||
23 | (b) State Board members shall be entitled to reimbursement | ||||||
24 | of reasonable expenses incurred in the
performance of their |
| |||||||
| |||||||
1 | official duties.
| ||||||
2 | Section 5-20. Terms of appointments; resignation and | ||||||
3 | removal. | ||||||
4 | (a) The Governor shall appoint one member of the State | ||||||
5 | Board for an initial term expiring July 1 of the year following | ||||||
6 | approval by the Gaming Board, one member for an initial term | ||||||
7 | expiring July 1 three years following approval by the Gaming | ||||||
8 | Board, and one member for an initial term expiring July 1 five | ||||||
9 | years following approval by the Gaming Board.
| ||||||
10 | (b) All successors shall hold office for a term of 5 years | ||||||
11 | from the first day of July of the year in which they are | ||||||
12 | appointed, except in the case of an appointment to fill a | ||||||
13 | vacancy. Each member, including the chairperson, shall hold | ||||||
14 | office until the expiration of his or her term and until his or | ||||||
15 | her successor is appointed and qualified. Nothing shall | ||||||
16 | preclude a member from serving consecutive terms. Any member | ||||||
17 | may resign from office, to take effect when a successor has | ||||||
18 | been appointed and qualified. A vacancy in office shall occur | ||||||
19 | in the case of a member's death or indictment, conviction, or | ||||||
20 | plea of guilty to a felony. A vacancy shall be filled for the | ||||||
21 | unexpired term by the Governor with the approval of the Gaming | ||||||
22 | Board.
| ||||||
23 | (c) The Governor or the Gaming Board may remove any member | ||||||
24 | of the State Board upon a finding of incompetence, neglect of | ||||||
25 | duty, or misfeasance or malfeasance in office or for a |
| |||||||
| |||||||
1 | violation of this Act. The Gaming Board may remove any member | ||||||
2 | of the State Board for any violation of the Illinois Gambling | ||||||
3 | Act or the rules and regulations of the Gaming Board.
| ||||||
4 | Section 5-25. Organization of State Board; meetings. After | ||||||
5 | appointment by the Governor and approval of the Gaming Board, | ||||||
6 | the State Board shall organize for the transaction of business. | ||||||
7 | The State Board shall prescribe the time and place for | ||||||
8 | meetings, the manner in which special meetings may be called, | ||||||
9 | and the notice that must be given to members. All actions and | ||||||
10 | meetings of the State Board shall be subject to the provisions | ||||||
11 | of the Open Meetings Act. Two members of the State Board shall | ||||||
12 | constitute a quorum. All substantive action of the State Board | ||||||
13 | shall be by resolution with an affirmative vote of a majority | ||||||
14 | of the members.
| ||||||
15 | Section 5-30. Executive director; officers. | ||||||
16 | (a) The State Board shall appoint
an executive director, | ||||||
17 | subject to completion of a background investigation and | ||||||
18 | approval by the Gaming Board, who shall be the chief executive | ||||||
19 | officer of the
State Authority. The State Board shall fix the | ||||||
20 | compensation of the executive director.
Subject to the general | ||||||
21 | control of the State Board, the executive director shall be
| ||||||
22 | responsible for the management of the business, properties, and
| ||||||
23 | employees of the State Authority. The executive director shall | ||||||
24 | direct the
enforcement of all resolutions, rules, and |
| |||||||
| |||||||
1 | regulations of the State Board, and shall
perform such other | ||||||
2 | duties as may be prescribed from
time to time by the State | ||||||
3 | Board. All employees and independent contractors,
consultants, | ||||||
4 | engineers, architects, accountants, attorneys, financial | ||||||
5 | experts,
construction experts and personnel, superintendents, | ||||||
6 | managers, and other
personnel appointed or employed pursuant to | ||||||
7 | this Act shall
report to the executive director. In addition to | ||||||
8 | any other duties set forth in
this Act, the executive director | ||||||
9 | shall do all of the following:
| ||||||
10 | (1) Direct and supervise the administrative affairs | ||||||
11 | and activities of the
State Authority in accordance with | ||||||
12 | its rules, regulations, and policies.
| ||||||
13 | (2) Attend meetings of the State Board.
| ||||||
14 | (3) Keep minutes of all proceedings of the State Board.
| ||||||
15 | (4) Approve all accounts for salaries, per diem | ||||||
16 | payments, and allowable
expenses of the State Board and its | ||||||
17 | employees and consultants.
| ||||||
18 | (5) Report and make recommendations to the State Board | ||||||
19 | concerning the terms and
conditions of any casino | ||||||
20 | management contract.
| ||||||
21 | (6) Perform any other duty that the State Board | ||||||
22 | requires for carrying out the
provisions of this Act.
| ||||||
23 | (7) Devote his or her full time to the duties of the | ||||||
24 | office and not hold
any other office or employment.
| ||||||
25 | (b) The State Board may select a secretary-treasurer to | ||||||
26 | hold office at the pleasure of the State Board. The State Board
|
| |||||||
| |||||||
1 | shall fix the duties of such officer.
| ||||||
2 | Section 5-31. General rights and powers of the State | ||||||
3 | Authority. In addition to the duties and powers set forth in | ||||||
4 | this Act, the State Authority shall have the following rights | ||||||
5 | and powers: | ||||||
6 | (1) Adopt and alter an official seal. | ||||||
7 | (2) Establish and change its fiscal year. | ||||||
8 | (3) Sue and be sued, plead and be impleaded, all in its | ||||||
9 | own name, and agree to binding arbitration of any dispute | ||||||
10 | to which it is a party. | ||||||
11 | (4) Adopt, amend, and repeal by-laws, rules, and | ||||||
12 | regulations consistent with the furtherance of the powers | ||||||
13 | and duties provided for. | ||||||
14 | (5) Maintain its principal office within the State and | ||||||
15 | such other offices as the State Board may designate. | ||||||
16 | (6) Select locations for a temporary and a permanent | ||||||
17 | casino, subject to final approval by the Gaming Board. | ||||||
18 | (7) Conduct background investigations of potential | ||||||
19 | State casino operator licenses, including its principals | ||||||
20 | or shareholders, and State Authority staff. The State | ||||||
21 | Authority may request the assistance of the Office of | ||||||
22 | Gaming Enforcement. | ||||||
23 | (8) Employ, either as regular employees or independent | ||||||
24 | contractors, consultants, engineers, architects, | ||||||
25 | accountants, attorneys, financial experts, construction |
| |||||||
| |||||||
1 | experts and personnel, superintendents, managers and other | ||||||
2 | professional personnel, and such other personnel as may be | ||||||
3 | necessary in the judgment of the State Board, and fix their | ||||||
4 | compensation. | ||||||
5 | (9) Own, acquire, construct, equip, lease, operate, | ||||||
6 | and maintain grounds, buildings, and facilities to carry | ||||||
7 | out its corporate purposes and duties. | ||||||
8 | (10) Enter into, revoke, and modify contracts, subject | ||||||
9 | to final approval of the Gaming Board. | ||||||
10 | (11) Enter into a casino management contract subject to | ||||||
11 | the final approval of the Gaming Board. | ||||||
12 | (12) Develop, or cause to be developed by a third | ||||||
13 | party, a master plan for the design, planning, and | ||||||
14 | development of a casino. | ||||||
15 | (13) Negotiate and enter into intergovernmental | ||||||
16 | agreements with the State and its agencies and units of | ||||||
17 | local government, in furtherance of the powers and duties | ||||||
18 | of the State Board. However, the State Authority may not | ||||||
19 | enter into an agreement with the State Police. | ||||||
20 | (14) Receive and disburse funds for its own corporate | ||||||
21 | purposes or as otherwise specified in this Act. | ||||||
22 | (15) Borrow money from any source, public or private, | ||||||
23 | for any corporate purpose, including, without limitation, | ||||||
24 | working capital for its operations, reserve funds, or | ||||||
25 | payment of interest, and to mortgage, pledge, or otherwise | ||||||
26 | encumber the property or funds of the State Authority and |
| |||||||
| |||||||
1 | to contract with or engage the services of any person in | ||||||
2 | connection with any financing, including financial | ||||||
3 | institutions, issuers of letters of credit, or insurers and | ||||||
4 | enter into reimbursement agreements with this person or | ||||||
5 | entity which may be secured as if money were borrowed from | ||||||
6 | the person or entity. | ||||||
7 | (16) Issue bonds as provided for under this Act. | ||||||
8 | (17) Receive and accept from any source, private or | ||||||
9 | public, contributions, gifts, or grants of money or | ||||||
10 | property to the State Authority. | ||||||
11 | (18) Provide for the insurance of any property, | ||||||
12 | operations, officers, members, agents, or employees of the | ||||||
13 | State Authority against any risk or hazard, to self-insure | ||||||
14 | or participate in joint self-insurance pools or entities to | ||||||
15 | insure against such risk or hazard, and to provide for the | ||||||
16 | indemnification of its officers, members, employees, | ||||||
17 | contractors, or agents against any and all risks. | ||||||
18 | (19) Exercise all the corporate powers granted | ||||||
19 | Illinois corporations under the Business Corporation Act | ||||||
20 | of 1983, except to the extent that powers are inconsistent | ||||||
21 | with those of a body politic and corporate of the State. | ||||||
22 | (20) Do all things necessary or convenient to carry out | ||||||
23 | the powers granted by this Act. | ||||||
24 | Section 5-32. Ethical conduct. | ||||||
25 | (a) State Board members and employees of the State |
| |||||||
| |||||||
1 | Authority must carry out their duties and responsibilities in | ||||||
2 | such a manner as to promote and preserve public trust and | ||||||
3 | confidence in the integrity and conduct of gaming. | ||||||
4 | (b) Except as may be required in the conduct of official | ||||||
5 | duties, State Board members and employees of the State | ||||||
6 | Authority shall not engage in gambling on any riverboat, in any | ||||||
7 | casino, or in an electronic gaming facility licensed by the | ||||||
8 | Illinois Gaming Board or engage in legalized gambling in any | ||||||
9 | establishment identified by State Board action that, in the | ||||||
10 | judgment of the State Board, could represent a potential for a | ||||||
11 | conflict of interest. | ||||||
12 | (c) A State Board member or employee of the State Authority | ||||||
13 | shall not use or attempt to use his or her official position to | ||||||
14 | secure or attempt to secure any privilege, advantage, favor, or | ||||||
15 | influence for himself or herself or others. | ||||||
16 | (d) State Board members and employees of the State | ||||||
17 | Authority shall not hold or pursue employment, office, | ||||||
18 | position, business, or occupation that may conflict with his or | ||||||
19 | her official duties. Employees may engage in other gainful | ||||||
20 | employment so long as that employment does not interfere or | ||||||
21 | conflict with their duties. Such employment must be disclosed | ||||||
22 | to the Executive Director and approved by the State Board. | ||||||
23 | (e) State Board members and employees of the State | ||||||
24 | Authority may not engage in employment, communications, or any | ||||||
25 | activity that may be deemed a conflict of interest. This | ||||||
26 | prohibition shall extend to any act identified by State Board |
| |||||||
| |||||||
1 | action or Gaming Board action that, in the judgment of the | ||||||
2 | either entity, could represent the potential for or the | ||||||
3 | appearance of a conflict of interest. | ||||||
4 | (f) State Board members and employees of the State | ||||||
5 | Authority may not have a financial interest, directly or | ||||||
6 | indirectly, in his or her own name or in the name of any other | ||||||
7 | person, partnership, association, trust, corporation, or other | ||||||
8 | entity in any contract or subcontract for the performance of | ||||||
9 | any work for the State Authority. This prohibition shall extend | ||||||
10 | to the holding or acquisition of an interest in any entity | ||||||
11 | identified by State Board action or Gaming Board action that, | ||||||
12 | in the judgment of the either entity, could represent the | ||||||
13 | potential for or the appearance of a financial interest. The | ||||||
14 | holding or acquisition of an interest in such entities through | ||||||
15 | an indirect means, such as through a mutual fund, shall not be | ||||||
16 | prohibited, expect that the Gaming Board may identify specific | ||||||
17 | investments or funds that, in its judgment, are so influenced | ||||||
18 | by gaming holdings as to represent the potential for or the | ||||||
19 | appearance of a conflict of interest. | ||||||
20 | (g) State Board members and employees of the State | ||||||
21 | Authority may not accept any gift, gratuity, service, | ||||||
22 | compensation, travel, lodging, or thing of value, with the | ||||||
23 | exception of unsolicited items of an incidental nature, from | ||||||
24 | any person, corporation, or entity doing business with the | ||||||
25 | State Authority. | ||||||
26 | (h) No State Board member or employee of the State |
| |||||||
| |||||||
1 | Authority may, within a period of 2 years immediately after | ||||||
2 | termination of employment, knowingly accept employment or | ||||||
3 | receive compensation or fees for services from a person or | ||||||
4 | entity, or its parent or affiliate, that has engaged in | ||||||
5 | business with the State Authority that resulted in contracts | ||||||
6 | with an aggregate value of at least $25,000 or if that State | ||||||
7 | Board member or employee has made a decision that directly | ||||||
8 | applied to the person or entity, or its parent or affiliate. | ||||||
9 | (i) A spouse, child, or parent of a State Board member or | ||||||
10 | employee of the State Authority may not have a financial | ||||||
11 | interest, directly or indirectly, in his or her own name or in | ||||||
12 | the name of any other person, partnership, association, trust, | ||||||
13 | corporation, or other entity in any contract or subcontract for | ||||||
14 | the performance of any work for the State Authority. This | ||||||
15 | prohibition shall extend to the holding or acquisition of an | ||||||
16 | interest in any entity identified by State Board action or | ||||||
17 | Gaming Board action that, in the judgment of the either entity, | ||||||
18 | could represent the potential for or the appearance of a | ||||||
19 | conflict of interest. The holding or acquisition of an interest | ||||||
20 | in such entities through an indirect means, such as through a | ||||||
21 | mutual fund, shall not be prohibited, expect that the Gaming | ||||||
22 | Board may identify specific investments or funds that, in its | ||||||
23 | judgment, are so influenced by gaming holdings as to represent | ||||||
24 | the potential for or the appearance of a conflict of interest. | ||||||
25 | (j) A spouse, child, or parent of a State Board member or | ||||||
26 | employee of the State Authority may not accept any gift, |
| |||||||
| |||||||
1 | gratuity, service, compensation, travel, lodging, or thing of | ||||||
2 | value, with the exception of unsolicited items of an incidental | ||||||
3 | nature, from any person, corporation, or entity doing business | ||||||
4 | with the State Authority. | ||||||
5 | (k) A spouse, child, or parent of a State Board member or | ||||||
6 | employee of the State Authority may not, within a period of 2 | ||||||
7 | years immediately after termination of employment, knowingly | ||||||
8 | accept employment or receive compensation or fees for services | ||||||
9 | from a person or entity, or its parent or affiliate, that has | ||||||
10 | engaged in business with the State Authority that resulted in | ||||||
11 | contracts with an aggregate value of at least $25,000 or if | ||||||
12 | that State Board member or employee has made a decision that | ||||||
13 | directly applied to the person or entity, or its parent or | ||||||
14 | affiliate. | ||||||
15 | (l) No State Board member or employee of the State | ||||||
16 | Authority may attempt, in any way, to influence any person or | ||||||
17 | corporation doing business with the State Authority or any | ||||||
18 | officer, agent, or employee thereof to hire or contract with | ||||||
19 | any person or corporation for any compensated work. | ||||||
20 | (m) Any communication between a State, county, or municipal | ||||||
21 | elected official and any applicant for or party to a State | ||||||
22 | casino management contract with the State Authority, or an | ||||||
23 | officer, director, or employee thereof, concerning any manner | ||||||
24 | relating in any way to gaming or the State Authority shall be | ||||||
25 | disclosed to the State Board and the Gaming Board. Such | ||||||
26 | disclosure shall be in writing by the official within 30 days |
| |||||||
| |||||||
1 | of the communication and shall be filed with the State Board. | ||||||
2 | Disclosure must consist of the date of the communication, the | ||||||
3 | identity and job title of the person with whom the | ||||||
4 | communication was made, a brief summary of the communication, | ||||||
5 | the action requested or recommended, all responses made, the | ||||||
6 | identity and job title of the person making the response, and | ||||||
7 | any other pertinent information. | ||||||
8 | (n) Any State Board member or employee of the State | ||||||
9 | Authority who violates any provision of this Section is guilty | ||||||
10 | of a Class 4 felony.
| ||||||
11 | Section 5-45. Casino management contracts. | ||||||
12 | (a) The State Board shall develop and administer a | ||||||
13 | competitive sealed bidding process
for the
selection of a | ||||||
14 | potential State casino operator licensee to develop or operate | ||||||
15 | a casino within the State.
The State Board shall issue one or | ||||||
16 | more requests for proposals. The State Board may
establish | ||||||
17 | minimum financial and investment requirements to determine the
| ||||||
18 | eligibility of persons to respond to the State Board's requests | ||||||
19 | for proposal, and may
establish and consider such other | ||||||
20 | criteria as it deems appropriate. The State Board
may impose a | ||||||
21 | fee upon persons who respond to requests for proposal, in order | ||||||
22 | to
reimburse the State Board for its costs in preparing and | ||||||
23 | issuing the requests and
reviewing the proposals.
| ||||||
24 | (b) Within 5 days after the time limit for submitting bids | ||||||
25 | and proposals has passed, the State Board shall make all bids |
| |||||||
| |||||||
1 | and proposals public. Thereafter, the State Board shall | ||||||
2 | evaluate the responses to its requests for proposal and
the | ||||||
3 | ability of all persons or entities responding to its request | ||||||
4 | for proposal
to meet the requirements of this Act and to | ||||||
5 | undertake and perform the
obligations set forth in its requests | ||||||
6 | for proposal.
| ||||||
7 | (c) After reviewing proposals and subject to Gaming Board | ||||||
8 | approval, the State Board shall enter into a casino management | ||||||
9 | contract authorizing the development, construction, or | ||||||
10 | operation of a casino. Validity of the casino management | ||||||
11 | contract is contingent upon the issuance of a State casino | ||||||
12 | operator license to the successful bidder. If the Gaming Board | ||||||
13 | approves the contract and grants a State casino operator | ||||||
14 | license, the State Board shall transmit a copy of the executed | ||||||
15 | casino management contract to the Gaming Board. | ||||||
16 | (d) After the State Authority has been issued a casino | ||||||
17 | license, the Gaming Board has issued a State casino operator | ||||||
18 | license, and the Gaming Board has approved the location of a | ||||||
19 | temporary facility, the State Authority may conduct gaming | ||||||
20 | operations at a temporary facility for no longer than 12 months | ||||||
21 | after gaming operations begin. The Gaming Board may, after | ||||||
22 | holding a public hearing, grant an extension so long as a | ||||||
23 | permanent facility is not operational and the State Authority | ||||||
24 | is working in good faith to complete the permanent facility. | ||||||
25 | The Gaming Board may grant additional extensions following a | ||||||
26 | public hearing. Each extension may be for a period of no longer |
| |||||||
| |||||||
1 | than 6 months. | ||||||
2 | (e) All amounts received as an upfront fee by the State | ||||||
3 | Authority pursuant to a bid for a casino management contract or | ||||||
4 | an executed State casino management contract must be deposited | ||||||
5 | into the Illinois Works Fund pursuant to Section 7.11 of the | ||||||
6 | Illinois Gambling Act.
| ||||||
7 | Section 5-50. Transfer of funds. All revenues received by | ||||||
8 | the State Authority shall be deposited into the Illinois Casino | ||||||
9 | Development Authority Fund, other than amounts required to be | ||||||
10 | paid pursuant to the Illinois Gambling Act and amounts required | ||||||
11 | to pay the
operating expenses of the State Authority, to pay | ||||||
12 | amounts due the State casino operator licensee pursuant to a | ||||||
13 | casino management contract, to repay any borrowing of the State | ||||||
14 | Authority, to pay debt service on any bonds issued, and to pay | ||||||
15 | any expenses in connection with the issuance of such bonds
or | ||||||
16 | derivative products.
| ||||||
17 | Section 5-60. Auditor General. | ||||||
18 | (a) Prior to the issuance of bonds under this Act, the | ||||||
19 | State Authority shall submit to the Auditor General a | ||||||
20 | certification that: | ||||||
21 | (1) it is legally authorized to issue bonds; | ||||||
22 | (2) scheduled annual payments of principal and | ||||||
23 | interest on the bonds to be issued meet the requirements of | ||||||
24 | Section 1-75 of this Act; |
| |||||||
| |||||||
1 | (3) no bond shall mature later than 30 years; and | ||||||
2 | (4) after payment of costs of issuance and necessary | ||||||
3 | deposits to funds and accounts established with respect to | ||||||
4 | debt service on the bonds, the net bond proceeds (exclusive | ||||||
5 | of any proceeds to be used to refund outstanding bonds) | ||||||
6 | will be used only for the purposes set forth in this Act. | ||||||
7 | The State Authority also shall submit to the Auditor | ||||||
8 | General its projections on revenues to be generated and pledged | ||||||
9 | to repayment of the bonds as scheduled and such other | ||||||
10 | information as the Auditor General may reasonably request. | ||||||
11 | The Auditor General shall examine the certifications and | ||||||
12 | information submitted and submit a report to the State | ||||||
13 | Authority and the Gaming Board indicating whether the required | ||||||
14 | certifications, projections, and other information have been | ||||||
15 | submitted by the State Authority and that the assumptions | ||||||
16 | underlying the projections are not unreasonable in the | ||||||
17 | aggregate. The Auditor General shall submit the report no later | ||||||
18 | than 60 days after receiving the information required to be | ||||||
19 | submitted by the State Authority. | ||||||
20 | The State Authority shall not issue bonds until it receives | ||||||
21 | the report from the Auditor General indicating the requirements | ||||||
22 | of this Section have been met. The Auditor General's report | ||||||
23 | shall not be in the nature of a post-audit or examination and | ||||||
24 | shall not lead to the issuance of an opinion, as that term is | ||||||
25 | defined in generally accepted government auditing standards. | ||||||
26 | The Auditor General shall submit a bill to the State Authority |
| |||||||
| |||||||
1 | for costs associated with the examinations and report required | ||||||
2 | under this Section. The State Authority shall reimburse in a | ||||||
3 | timely manner. | ||||||
4 | (b) The Auditor General has the authority and is required | ||||||
5 | to conduct a financial and management audit of the State | ||||||
6 | Authority every 2 years. The Auditor General shall also conduct | ||||||
7 | one post-construction and financing audit of the casino after | ||||||
8 | it is completed and in operation. The Auditor General's audits | ||||||
9 | must be posted on his or her Internet website. The Auditor | ||||||
10 | General shall submit a bill to the State Authority for costs | ||||||
11 | associated with the audits required under this Section. The | ||||||
12 | State Authority shall reimburse in a timely manner.
| ||||||
13 | Section 5-65. Acquisition of property; eminent domain | ||||||
14 | proceedings. For the lawful purposes of this Act, the State | ||||||
15 | Authority may acquire by eminent
domain or by condemnation | ||||||
16 | proceedings in the manner provided by the Eminent Domain Act, | ||||||
17 | real or personal property or interests in real
or personal | ||||||
18 | property located in the State, and the State may convey to the | ||||||
19 | State Authority
property so acquired. The acquisition of | ||||||
20 | property under this Section is
declared to be for a public use.
| ||||||
21 | Section 5-70. Local regulation. The casino facilities and | ||||||
22 | operations therein
shall be subject to all ordinances and | ||||||
23 | regulations of the municipality in which the casino is located. | ||||||
24 | The
construction, development, and operation of the casino |
| |||||||
| |||||||
1 | shall comply with all
ordinances, regulations, rules, and | ||||||
2 | controls of the city in which the casino is located, including | ||||||
3 | but not
limited to those relating to zoning and planned | ||||||
4 | development, building, fire
prevention, and land use. However, | ||||||
5 | the regulation of gaming operations is
subject to the exclusive | ||||||
6 | jurisdiction of the Gaming Board.
| ||||||
7 | Section 5-75. Borrowing. | ||||||
8 | (a) The State Authority may borrow money and
issue bonds as | ||||||
9 | provided in this Section. Bonds of the State Authority may be | ||||||
10 | issued
to provide funds for land acquisition, site assembly and | ||||||
11 | preparation, and the design and construction of the casino, as | ||||||
12 | defined in the Illinois Gambling Act, all ancillary and related | ||||||
13 | facilities comprising the casino complex, and all on-site and | ||||||
14 | off-site infrastructure improvements required in connection | ||||||
15 | with the development of the casino; to refund (at the time or | ||||||
16 | in advance of any maturity or
redemption) or redeem any bonds | ||||||
17 | of the State Authority; to provide or increase a
debt
service | ||||||
18 | reserve fund or other reserves with respect to any or all of | ||||||
19 | its bonds;
or to pay the legal, financial, administrative, bond
| ||||||
20 | insurance, credit enhancement, and other legal expenses of the | ||||||
21 | authorization,
issuance, or delivery of bonds. In this Act, the | ||||||
22 | term "bonds" also includes
notes of any kind, interim | ||||||
23 | certificates, refunding bonds, or any other evidence
of | ||||||
24 | obligation for borrowed money issued under this Section. Bonds | ||||||
25 | may be
issued in one or more series and may be payable and |
| |||||||
| |||||||
1 | secured either on a parity
with or separately from other bonds.
| ||||||
2 | (b) The bonds of the State Authority shall be payable from | ||||||
3 | one or more of
the following sources: (i) the property or | ||||||
4 | revenues of the State Authority; (ii)
revenues derived from the | ||||||
5 | casino; (iii) revenues derived from any State casino
operator | ||||||
6 | licensee; (iv) fees, bid proceeds, charges, lease payments, | ||||||
7 | payments required pursuant to any
casino management contract or | ||||||
8 | other revenues payable to the
State Authority, or any
receipts | ||||||
9 | of the State Authority; (v) payments by financial institutions, | ||||||
10 | insurance
companies, or others pursuant to letters or lines of | ||||||
11 | credit, policies of
insurance, or purchase agreements; (vi) | ||||||
12 | investment earnings from funds or
accounts maintained pursuant | ||||||
13 | to a bond resolution or trust indenture; (vii)
proceeds of | ||||||
14 | refunding bonds; and (viii) any payments by any State casino | ||||||
15 | operator licensee or others pursuant to any guaranty agreement.
| ||||||
16 | (c) Bonds shall be authorized by a resolution of the State | ||||||
17 | Board and may be
secured by a trust indenture by and between | ||||||
18 | the State Board and a corporate
trustee or trustees, which may | ||||||
19 | be any trust company or bank having the powers
of a trust | ||||||
20 | company within or without the State. Bonds shall meet the | ||||||
21 | following requirements:
| ||||||
22 | (1) Bonds shall bear interest at a rate not to exceed | ||||||
23 | the maximum rate authorized by the Bond Authorization Act.
| ||||||
24 | (2) Bonds issued pursuant to this Section must be | ||||||
25 | issued with principal or mandatory redemption amounts in | ||||||
26 | equal amounts, with the first maturity issued occurring |
| |||||||
| |||||||
1 | within the fiscal year in which the bonds are issued or | ||||||
2 | within the next succeeding fiscal year, and with bonds | ||||||
3 | maturing or subject to mandatory redemption each fiscal | ||||||
4 | year thereafter up to 30 years. | ||||||
5 | (3) At least 25%, based on total principal amount, of | ||||||
6 | all bonds issued pursuant to this Section shall be sold | ||||||
7 | pursuant to notice of sale and public bid. No more than | ||||||
8 | 75%, based on total principal amount, of all bonds issued | ||||||
9 | pursuant to this Section shall be sold by negotiated sale.
| ||||||
10 | (4) Bonds shall be payable at a time or times, in the | ||||||
11 | denominations and form,
including book entry form, either | ||||||
12 | coupon, registered, or both, and carry the
registration and | ||||||
13 | privileges as to exchange, transfer or conversion, and
| ||||||
14 | replacement of mutilated, lost, or destroyed bonds as the | ||||||
15 | resolution or trust
indenture may provide.
| ||||||
16 | (5) Bonds shall be payable in lawful money of the | ||||||
17 | United States at a designated
place.
| ||||||
18 | (6) Bonds shall be subject to the terms of purchase, | ||||||
19 | payment, redemption, refunding,
or refinancing that the | ||||||
20 | resolution or trust indenture provides.
| ||||||
21 | (7) Bonds shall be executed by the manual or facsimile | ||||||
22 | signatures of the officers
of the State Authority | ||||||
23 | designated by the State Board, which signatures shall be | ||||||
24 | valid at
delivery even
for one who has ceased to hold | ||||||
25 | office.
| ||||||
26 | (8) Bonds shall be sold at public or private sale in |
| |||||||
| |||||||
1 | the manner and upon the terms
determined by the State | ||||||
2 | Authority.
| ||||||
3 | (d) The State Authority shall adopt a procurement program | ||||||
4 | with respect to contracts relating to underwriters, bond | ||||||
5 | counsel, financial advisors, and accountants. The program | ||||||
6 | shall include goals for the payment of not less than 30% of the | ||||||
7 | total dollar value of the fees from these contracts to minority | ||||||
8 | owned businesses and female owned businesses as defined in the | ||||||
9 | Business Enterprise for Minorities, Females, and Persons with | ||||||
10 | Disabilities Act. The State Authority shall conduct outreach to | ||||||
11 | minority owned businesses and female owned businesses. | ||||||
12 | Outreach shall include, but is not limited to, advertisements | ||||||
13 | in periodicals and newspapers, mailings, and other appropriate | ||||||
14 | media. The State Authority shall submit to the General Assembly | ||||||
15 | a comprehensive report that shall include, at a minimum, the | ||||||
16 | details of the procurement plan, outreach efforts, and the | ||||||
17 | results of the efforts to achieve goals for the payment of | ||||||
18 | fees. | ||||||
19 | (e) Subject to the Illinois Gambling Act and rules of the | ||||||
20 | Gaming Board regarding pledging
of interests in holders of | ||||||
21 | owners licenses, any resolution or trust indenture may contain | ||||||
22 | provisions that may be a part of
the contract with the holders | ||||||
23 | of the bonds as to the following:
| ||||||
24 | (1) Pledging, assigning, or directing the use, | ||||||
25 | investment, or disposition
of revenues of the State | ||||||
26 | Authority or proceeds or benefits of any contract, |
| |||||||
| |||||||
1 | including
without limitation, any rights in any casino | ||||||
2 | management
contract.
| ||||||
3 | (2) The setting aside of loan funding deposits, debt | ||||||
4 | service reserves, replacement or operating reserves, cost | ||||||
5 | of
issuance accounts and sinking funds, and the regulation, | ||||||
6 | investment, and
disposition thereof.
| ||||||
7 | (3) Limitations on the purposes to which or the | ||||||
8 | investments in which the
proceeds of sale of any issue of | ||||||
9 | bonds or the State Authority's revenues and
receipts may be | ||||||
10 | applied or made.
| ||||||
11 | (4) Limitations on the issue of additional bonds, the | ||||||
12 | terms upon which
additional bonds may be issued and | ||||||
13 | secured, the terms upon which additional
bonds may rank on | ||||||
14 | a parity with, or be subordinate or superior to, other | ||||||
15 | bonds.
| ||||||
16 | (5) The refunding, advance refunding, or refinancing | ||||||
17 | of outstanding bonds.
| ||||||
18 | (6) The procedure, if any, by which the terms of any | ||||||
19 | contract with
bondholders may be altered or amended and the | ||||||
20 | amount of bonds and holders of
which must consent thereto | ||||||
21 | and the manner in which consent shall be given.
| ||||||
22 | (7) Defining the acts or omissions which shall | ||||||
23 | constitute a default in the
duties of the State Authority | ||||||
24 | to holders of bonds and providing the rights or
remedies of | ||||||
25 | such holders in the event of a default, which may include
| ||||||
26 | provisions
restricting individual rights of action by |
| |||||||
| |||||||
1 | bondholders.
| ||||||
2 | (8) Providing for guarantees, pledges of property, | ||||||
3 | letters of credit, or
other security,
or insurance for the | ||||||
4 | benefit of bondholders.
| ||||||
5 | (f) No member of the State Board, nor any person executing | ||||||
6 | the bonds, shall be
liable personally on the bonds or subject | ||||||
7 | to any personal liability by reason
of the issuance of the | ||||||
8 | bonds.
| ||||||
9 | (g) The State Authority may issue and secure bonds in | ||||||
10 | accordance with the
provisions of the Local Government Credit | ||||||
11 | Enhancement Act.
| ||||||
12 | (h) A pledge by the State Authority of revenues and | ||||||
13 | receipts as security for an
issue of bonds or for the | ||||||
14 | performance of its obligations under any casino
management | ||||||
15 | contract shall
be valid and binding from the time when the | ||||||
16 | pledge is made. The revenues and
receipts pledged shall | ||||||
17 | immediately be subject to the lien of the pledge without
any | ||||||
18 | physical delivery or further act,
and the lien of any pledge | ||||||
19 | shall be valid and binding against any person having
any claim | ||||||
20 | of any kind in tort, contract, or otherwise against the State | ||||||
21 | Authority,
irrespective of whether the person has notice. No | ||||||
22 | resolution, trust indenture,
management agreement or financing | ||||||
23 | statement, continuation statement, or other
instrument adopted | ||||||
24 | or entered into by the State Authority need be filed or | ||||||
25 | recorded
in any public record other than the records of the | ||||||
26 | State Authority in order to
perfect the lien against third |
| |||||||
| |||||||
1 | persons, regardless of any contrary provision of
law.
| ||||||
2 | (i) Bonds that are being paid or retired by issuance, sale, | ||||||
3 | or delivery of
bonds, and bonds for which sufficient funds have | ||||||
4 | been deposited with the paying
agent or trustee to provide for | ||||||
5 | payment of principal and interest thereon, and
any redemption | ||||||
6 | premium, as provided in the authorizing resolution, shall not | ||||||
7 | be
considered outstanding for the purposes of this subsection.
| ||||||
8 | (j) The State of
Illinois pledges and agrees with the | ||||||
9 | owners of the bonds that it will not limit
or alter the rights | ||||||
10 | and powers vested in the State Authority by this Act so as to
| ||||||
11 | impair the terms of any contract made by the State Authority | ||||||
12 | with the owners or in
any way impair the rights and remedies of | ||||||
13 | the owners until the bonds, together
with interest on them, and | ||||||
14 | all costs and expenses in connection with any action
or | ||||||
15 | proceedings by or on behalf of the owners, are fully met and | ||||||
16 | discharged.
The State Authority is authorized to include this | ||||||
17 | pledge and
agreement in any contract with the owners of bonds | ||||||
18 | issued under this Section.
| ||||||
19 | (k) No person holding an elective office in this State, | ||||||
20 | holding a seat in the General Assembly, or serving as a board | ||||||
21 | member, trustee, officer, or employee of the State Authority, | ||||||
22 | including the spouse of that person, may receive a legal, | ||||||
23 | banking, consulting, or other fee related to the issuance of | ||||||
24 | bonds.
| ||||||
25 | Section 5-85. Derivative products. With respect to all or |
| |||||||
| |||||||
1 | part of any issue
of its bonds, the State Authority may enter | ||||||
2 | into agreements or contracts with any
necessary or appropriate | ||||||
3 | person, which will have the benefit of providing to
the
State | ||||||
4 | Authority an interest rate basis, cash flow basis, or other | ||||||
5 | basis different
from that provided in the bonds for the payment | ||||||
6 | of interest. Such agreements
or contracts may include, without | ||||||
7 | limitation, agreements or contracts commonly
known as | ||||||
8 | "interest rate swap agreements", "forward payment conversion
| ||||||
9 | agreements", "futures", "options", "puts", or "calls" and | ||||||
10 | agreements or
contracts providing for payments based on levels | ||||||
11 | of or changes in interest
rates, agreements or contracts to | ||||||
12 | exchange cash flows or a series of payments,
or to hedge | ||||||
13 | payment, rate spread, or similar exposure.
| ||||||
14 | Section 5-90. Legality for investment. The State of | ||||||
15 | Illinois, all
governmental entities, all public officers, | ||||||
16 | banks, bankers, trust companies,
savings banks and | ||||||
17 | institutions, building and loan associations, savings and
loan | ||||||
18 | associations, investment companies, and other persons carrying | ||||||
19 | on a
banking
business, insurance companies, insurance | ||||||
20 | associations, and other persons
carrying on an insurance | ||||||
21 | business, and all executors, administrators,
guardians, | ||||||
22 | trustees, and other fiduciaries may legally invest any sinking
| ||||||
23 | funds,
moneys, or other funds belonging to them or within their | ||||||
24 | control in
any bonds issued under this Act. However, nothing in | ||||||
25 | this Section shall be
construed as relieving any person, firm, |
| |||||||
| |||||||
1 | or corporation from any duty of
exercising reasonable care in | ||||||
2 | selecting securities for purchase or investment.
| ||||||
3 | Section 5-95. Tax exemption. The State Authority and all of | ||||||
4 | its operations and
property used for public purposes shall be | ||||||
5 | exempt from all taxation of any kind
imposed by the State of | ||||||
6 | Illinois or any political subdivision, school district,
| ||||||
7 | municipal corporation, or unit of local government of the State | ||||||
8 | of Illinois.
However, nothing in this Act prohibits the | ||||||
9 | imposition of any other taxes where
such imposition is not | ||||||
10 | prohibited by Section 21 of the Illinois Gambling Act.
| ||||||
11 | Section 5-105. Budgets and reporting.
| ||||||
12 | (a) The State Board shall annually adopt a budget for each
| ||||||
13 | fiscal year. The budget may be modified from time to time in | ||||||
14 | the same manner
and upon the same vote as it may be adopted. | ||||||
15 | The budget shall include the
State Authority's available funds | ||||||
16 | and estimated revenues and shall provide for
payment of its | ||||||
17 | obligations and estimated expenditures for the fiscal year,
| ||||||
18 | including, without limitation, expenditures for | ||||||
19 | administration, operation,
maintenance and repairs, debt | ||||||
20 | service, and deposits into reserve and other
funds
and capital | ||||||
21 | projects.
| ||||||
22 | (b) The State Board shall annually cause the finances of | ||||||
23 | the State Authority to be
audited by a firm of certified public | ||||||
24 | accountants and post the firm's audits of the State Authority |
| |||||||
| |||||||
1 | on the State Authority's Internet website.
| ||||||
2 | (c) The State Board shall, for each fiscal year, prepare an | ||||||
3 | annual report
setting forth information concerning its | ||||||
4 | activities in the fiscal year and the
status of the development | ||||||
5 | of the casino. The annual report shall include the
audited | ||||||
6 | financial statements of the State Authority for the fiscal | ||||||
7 | year, the budget
for the succeeding fiscal year, and the | ||||||
8 | current capital plan as of the date of
the report. Copies of | ||||||
9 | the annual report shall be made available to persons who
| ||||||
10 | request them and shall be submitted not later than 120 days | ||||||
11 | after the end of
the State Authority's fiscal year to the | ||||||
12 | Governor, the General Assembly, and the Commission on | ||||||
13 | Government Forecasting and Accountability.
| ||||||
14 | Section 5-110. Deposit and withdrawal of funds. | ||||||
15 | (a) All funds deposited by the State Authority in any bank | ||||||
16 | or savings and loan
association shall be placed in the name of | ||||||
17 | the State Authority and shall be withdrawn
or paid out only by | ||||||
18 | check or draft upon the bank or savings and loan
association, | ||||||
19 | signed by 2 officers or employees designated by the State | ||||||
20 | Board.
Notwithstanding any other provision of this Section, the | ||||||
21 | State Board may designate
any of its members or any officer or | ||||||
22 | employee of the State Authority to authorize the
wire transfer | ||||||
23 | of funds deposited by the secretary-treasurer of funds in a | ||||||
24 | bank
or savings and loan association for the payment of payroll | ||||||
25 | and employee
benefits-related expenses.
|
| |||||||
| |||||||
1 | No bank or savings and loan association shall receive | ||||||
2 | public funds as
permitted by this Section unless it has | ||||||
3 | complied with the requirements
established pursuant to Section | ||||||
4 | 6 of the Public
Funds Investment Act.
| ||||||
5 | (b) If any officer or employee whose signature appears upon | ||||||
6 | any check
or draft issued pursuant to this Act ceases (after | ||||||
7 | attaching his signature) to
hold his or her office before the | ||||||
8 | delivery of such a check or draft to the
payee, his or her | ||||||
9 | signature shall nevertheless be valid and sufficient for all
| ||||||
10 | purposes with the same effect as if he or she had remained in | ||||||
11 | office until
delivery thereof.
| ||||||
12 | Section 5-112. Contracts with the State Authority or State | ||||||
13 | casino operator licensee; disclosure requirements. | ||||||
14 | (a) A bidder, respondent, offeror, or contractor must | ||||||
15 | disclose the names of all officers and directors. A bidder, | ||||||
16 | respondent, or offeror, or contractor for contracts with the | ||||||
17 | State Authority or State casino operator licensee shall | ||||||
18 | disclose the identity of every owner, beneficiary, or person | ||||||
19 | with beneficial interest of more than 1%, or shareholder | ||||||
20 | entitled to receive more than 1% of the total distributable | ||||||
21 | income of any corporation, having any interest in the contract | ||||||
22 | in the bidder, respondent, offeror, or contractor. The | ||||||
23 | disclosure shall be in writing and attested to by an owner, | ||||||
24 | trustee, corporate official, or agent. If stock in a | ||||||
25 | corporation is publicly traded and there is no readily known |
| |||||||
| |||||||
1 | individual having greater than a 1% interest, then a statement | ||||||
2 | to that affect attested to by an officer or agent of the | ||||||
3 | corporation or shall fulfill the disclosure statement | ||||||
4 | requirement of this Section. A bidder, respondent, offeror, or | ||||||
5 | contractor shall notify the State Authority of any changes in | ||||||
6 | officers, directors, ownership, or individuals having a | ||||||
7 | beneficial interest of more than 1%. | ||||||
8 | (b) A bidder, respondent, offeror, or contractor for | ||||||
9 | contracts with an annual value of $10,000 or for a period to | ||||||
10 | exceed one year shall disclose all political contributions of | ||||||
11 | the bidder, respondent, offeror, or contractor and any | ||||||
12 | affiliated person or entity. Disclosure shall include at least | ||||||
13 | the names and addresses of the contributors and the dollar | ||||||
14 | amounts of any contributions to any political committee made | ||||||
15 | within the previous 2 years. The disclosure must be submitted | ||||||
16 | to the Gaming Board with a copy of the contract prior to Gaming | ||||||
17 | Board approval of the contract. The Gaming Board shall refuse | ||||||
18 | to approve any contract that does not include the required | ||||||
19 | disclosure. | ||||||
20 | (c) As used in this Section: | ||||||
21 | "Contribution" means contribution as defined in Section | ||||||
22 | 9-1.4 of the Election Code. | ||||||
23 | "Affiliated person" means (i) any person with any ownership | ||||||
24 | interest or distributive share of the bidding, responding, or | ||||||
25 | contracting entity in excess of 1%, (ii) executive employees of | ||||||
26 | the bidding, responding, or contracting entity, and (iii) the |
| |||||||
| |||||||
1 | spouse and minor children of any such persons. | ||||||
2 | "Affiliated entity" means (i) any parent or subsidiary of | ||||||
3 | the bidding or contracting entity, (ii) any member of the same | ||||||
4 | unitary business group, or (iii) any political committee for | ||||||
5 | which the bidding, responding, or contracting entity is the | ||||||
6 | sponsoring entity. | ||||||
7 | (d) The Gaming Board may direct the State Authority or a | ||||||
8 | State casino operator licensee to void a contract if a | ||||||
9 | violation of this Section occurs. The State Authority may | ||||||
10 | direct a State casino operator licensee to void a contract if a | ||||||
11 | violation of this Section occurs. | ||||||
12 | Section 5-115. Purchasing. | ||||||
13 | (a) All construction contracts and contracts for supplies, | ||||||
14 | materials,
equipment, and services,
when the cost thereof to | ||||||
15 | the State Authority exceeds $25,000, shall be let by a | ||||||
16 | competitive selection process to
the lowest responsible | ||||||
17 | proposer, after advertising for proposals, except for the
| ||||||
18 | following:
| ||||||
19 | (1) When repair parts, accessories, equipment, or | ||||||
20 | services are required
for
equipment or services previously | ||||||
21 | furnished or contracted for;
| ||||||
22 | (2) Professional services;
| ||||||
23 | (3) When services such as water, light, heat, power, | ||||||
24 | telephone (other than
long-distance service), or telegraph | ||||||
25 | are required;
|
| |||||||
| |||||||
1 | (4) When contracts for the use, purchase, delivery, | ||||||
2 | movement, or
installation of data processing equipment, | ||||||
3 | software, or services and
telecommunications equipment,
| ||||||
4 | software, and services are required;
| ||||||
5 | (5) Casino management contracts, which shall be | ||||||
6 | awarded as
set forth in Section 1-45 of this Act.
| ||||||
7 | (b) All contracts involving less than $25,000 shall be let | ||||||
8 | by competitive
selection process whenever possible, and in any | ||||||
9 | event in a manner calculated to ensure
the best interests of | ||||||
10 | the public.
| ||||||
11 | (c) In determining the responsibility of any proposer, the | ||||||
12 | State Authority may take
into account the proposer's (or an | ||||||
13 | individual having a beneficial interest,
directly or | ||||||
14 | indirectly, of more than 1% in such proposing entity) past | ||||||
15 | record of
dealings with the State Authority, the proposer's | ||||||
16 | experience, adequacy of equipment,
and ability to complete | ||||||
17 | performance within the time set, and other factors
besides | ||||||
18 | financial responsibility. No such contract shall be awarded to | ||||||
19 | any proposer other than the lowest proposer (in case of | ||||||
20 | purchase or
expenditure) unless authorized or approved by a | ||||||
21 | vote of at least 2 members of
the State Board and such action | ||||||
22 | is accompanied by a written statement setting forth the reasons | ||||||
23 | for not awarding the contract to the highest or
lowest | ||||||
24 | proposer, as the case
may be. The statement shall be kept on | ||||||
25 | file in the principal office of the
State Authority and open to | ||||||
26 | public inspection.
|
| |||||||
| |||||||
1 | (d) The State Authority shall have the right to reject all | ||||||
2 | proposals and to
re-advertise for proposals. If after
any such | ||||||
3 | re-advertisement, no responsible and satisfactory proposals, | ||||||
4 | within the
terms of the re-advertisement, is received, the | ||||||
5 | State Authority may award such
contract without competitive | ||||||
6 | selection, provided that the Gaming Board must approve the | ||||||
7 | contract prior to its execution. The contract must not be less
| ||||||
8 | advantageous to the State Authority than any valid proposal | ||||||
9 | received pursuant to
advertisement.
| ||||||
10 | (e) Advertisements for proposals and re-proposals shall be | ||||||
11 | published at least once in
a daily newspaper of general | ||||||
12 | circulation published in the county in which the principal | ||||||
13 | office of the State Authority is located
at least 10 calendar | ||||||
14 | days before the time for
receiving proposals, and such | ||||||
15 | advertisements shall also be posted on readily
accessible | ||||||
16 | bulletin boards in the principal office of the State Authority. | ||||||
17 | Such
advertisements shall state the time and
place for | ||||||
18 | receiving and opening of proposals and, by reference to plans | ||||||
19 | and
specifications on file at the time of the first publication | ||||||
20 | or in the
advertisement itself, shall describe the character of | ||||||
21 | the proposed contract in
sufficient detail to fully advise | ||||||
22 | prospective proposers of their obligations and
to ensure free | ||||||
23 | and open competitive selection.
| ||||||
24 | (f) All proposals in response to advertisements shall be | ||||||
25 | sealed and shall be
publicly opened by the State Authority. All | ||||||
26 | proposers shall be entitled to be present
in person or by |
| |||||||
| |||||||
1 | representatives. Cash or a certified or satisfactory cashier's
| ||||||
2 | check, as a deposit of good faith, in a reasonable amount to be | ||||||
3 | fixed by the
State Authority before advertising for proposals, | ||||||
4 | shall be required with the proposal. A bond for faithful | ||||||
5 | performance of the contract with surety or
sureties | ||||||
6 | satisfactory to the
State Authority and adequate insurance may | ||||||
7 | be required in reasonable amounts to be
fixed by the State | ||||||
8 | Authority before advertising for proposals.
| ||||||
9 | (g) The contract shall be awarded as promptly as possible | ||||||
10 | after the opening
of proposals. The proposal of the successful | ||||||
11 | proposer, as well as the bids of the
unsuccessful proposers, | ||||||
12 | shall be placed on file and be open to public inspection.
All | ||||||
13 | proposals shall be void if any disclosure of the terms of any | ||||||
14 | proposals in response
to an advertisement is made or permitted | ||||||
15 | to be made by the State Authority before the
time fixed for | ||||||
16 | opening proposals.
| ||||||
17 | (h) Notice of each and every contract that is
offered, | ||||||
18 | including renegotiated contracts and change orders,
shall be | ||||||
19 | published in an online bulletin. The online bulletin must | ||||||
20 | include at least the date first offered,
the date submission of | ||||||
21 | offers is due, the location that offers are to be
submitted to, | ||||||
22 | a brief purchase description, the method of source selection,
| ||||||
23 | information of how to obtain a comprehensive purchase | ||||||
24 | description and any
disclosure and contract forms, and | ||||||
25 | encouragement to prospective vendors to hire qualified | ||||||
26 | veterans, as defined by Section 45-67 of the Illinois |
| |||||||
| |||||||
1 | Procurement Code, and Illinois residents discharged from any | ||||||
2 | Illinois adult correctional center. Notice of each and every | ||||||
3 | contract that is let
or awarded, including renegotiated | ||||||
4 | contracts and change orders, shall be
published in the online | ||||||
5 | bulletin and
must include at least all of the
information | ||||||
6 | specified in this item (h), as well as the name of the | ||||||
7 | successful
responsible proposer or offeror, the contract | ||||||
8 | price, and the number of unsuccessful
responsive proposers and | ||||||
9 | any other disclosure specified in this Section. This notice | ||||||
10 | must be posted in the online electronic bulletin prior to | ||||||
11 | execution of the contract.
| ||||||
12 | ARTICLE 90. | ||||||
13 | Section 90-1. The State Officials and Employees Ethics Act | ||||||
14 | is amended by changing Sections 5-50, 20-10, and 20-15 as | ||||||
15 | follows: | ||||||
16 | (5 ILCS 430/5-50)
| ||||||
17 | Sec. 5-50. Ex parte communications; special government | ||||||
18 | agents.
| ||||||
19 | (a) This Section applies to ex
parte communications made to | ||||||
20 | any agency listed in subsection (e).
| ||||||
21 | (b) "Ex parte communication" means any written or oral | ||||||
22 | communication by any
person
that imparts or requests material
| ||||||
23 | information
or makes a material argument regarding
potential |
| |||||||
| |||||||
1 | action concerning regulatory, quasi-adjudicatory, investment, | ||||||
2 | or
licensing
matters pending before or under consideration by | ||||||
3 | the agency.
"Ex parte
communication" does not include the | ||||||
4 | following: (i) statements by
a person publicly made in a public | ||||||
5 | forum; (ii) statements regarding
matters of procedure and | ||||||
6 | practice, such as format, the
number of copies required, the | ||||||
7 | manner of filing, and the status
of a matter; and (iii) | ||||||
8 | statements made by a
State employee of the agency to the agency | ||||||
9 | head or other employees of that
agency.
| ||||||
10 | (b-5) An ex parte communication received by an agency,
| ||||||
11 | agency head, or other agency employee from an interested party | ||||||
12 | or
his or her official representative or attorney shall | ||||||
13 | promptly be
memorialized and made a part of the record.
| ||||||
14 | (c) An ex parte communication received by any agency, | ||||||
15 | agency head, or
other agency
employee, other than an ex parte | ||||||
16 | communication described in subsection (b-5),
shall immediately | ||||||
17 | be reported to that agency's ethics officer by the recipient
of | ||||||
18 | the communication and by any other employee of that agency who | ||||||
19 | responds to
the communication. The ethics officer shall require | ||||||
20 | that the ex parte
communication
be promptly made a part of the | ||||||
21 | record. The ethics officer shall promptly
file the ex parte | ||||||
22 | communication with the
Executive Ethics Commission, including | ||||||
23 | all written
communications, all written responses to the | ||||||
24 | communications, and a memorandum
prepared by the ethics officer | ||||||
25 | stating the nature and substance of all oral
communications, | ||||||
26 | the identity and job title of the person to whom each
|
| |||||||
| |||||||
1 | communication was made,
all responses made, the identity and | ||||||
2 | job title of the person making each
response,
the identity of | ||||||
3 | each person from whom the written or oral ex parte
| ||||||
4 | communication was received, the individual or entity | ||||||
5 | represented by that
person, any action the person requested or | ||||||
6 | recommended, and any other pertinent
information.
The | ||||||
7 | disclosure shall also contain the date of any
ex parte | ||||||
8 | communication.
| ||||||
9 | (d) "Interested party" means a person or entity whose | ||||||
10 | rights,
privileges, or interests are the subject of or are | ||||||
11 | directly affected by
a regulatory, quasi-adjudicatory, | ||||||
12 | investment, or licensing matter.
| ||||||
13 | (e) This Section applies to the following agencies:
| ||||||
14 | Executive Ethics Commission
| ||||||
15 | Illinois Commerce Commission
| ||||||
16 | Educational Labor Relations Board
| ||||||
17 | State Board of Elections
| ||||||
18 | Illinois Gaming Board
| ||||||
19 | Health Facilities Planning Board
| ||||||
20 | Illinois Workers' Compensation Commission
| ||||||
21 | Illinois Labor Relations Board
| ||||||
22 | Illinois Liquor Control Commission
| ||||||
23 | Pollution Control Board
| ||||||
24 | Property Tax Appeal Board
| ||||||
25 | Illinois Racing Board
| ||||||
26 | Illinois Purchased Care Review Board
|
| |||||||
| |||||||
1 | Department of State Police Merit Board
| ||||||
2 | Motor Vehicle Review Board
| ||||||
3 | Prisoner Review Board
| ||||||
4 | Civil Service Commission
| ||||||
5 | Personnel Review Board for the Treasurer
| ||||||
6 | Merit Commission for the Secretary of State
| ||||||
7 | Merit Commission for the Office of the Comptroller
| ||||||
8 | Court of Claims
| ||||||
9 | Board of Review of the Department of Employment Security
| ||||||
10 | Department of Insurance
| ||||||
11 | Department of Professional Regulation and licensing boards
| ||||||
12 | under the Department
| ||||||
13 | Department of Public Health and licensing boards under the
| ||||||
14 | Department
| ||||||
15 | Office of Banks and Real Estate and licensing boards under
| ||||||
16 | the Office
| ||||||
17 | State Employees Retirement System Board of Trustees
| ||||||
18 | Judges Retirement System Board of Trustees
| ||||||
19 | General Assembly Retirement System Board of Trustees
| ||||||
20 | Illinois Board of Investment
| ||||||
21 | State Universities Retirement System Board of Trustees
| ||||||
22 | Teachers Retirement System Officers Board of Trustees
| ||||||
23 | (f) Any person who fails to (i) report an ex parte | ||||||
24 | communication to an
ethics officer, (ii) make information part | ||||||
25 | of the record, or (iii) make a
filing
with the Executive Ethics | ||||||
26 | Commission as required by this Section or as required
by
|
| |||||||
| |||||||
1 | Section 5-165 of the Illinois Administrative Procedure Act | ||||||
2 | violates this Act.
| ||||||
3 | (Source: P.A. 95-331, eff. 8-21-07.) | ||||||
4 | (5 ILCS 430/20-10)
| ||||||
5 | Sec. 20-10. Offices of Executive Inspectors General.
| ||||||
6 | (a) Six Five independent Offices of the Executive Inspector | ||||||
7 | General are
created,
one each for the Governor, the Attorney | ||||||
8 | General, the Secretary of State, the
Comptroller, and the | ||||||
9 | Treasurer and one for gaming activities . Each Office shall be | ||||||
10 | under the direction and
supervision
of an Executive Inspector | ||||||
11 | General and shall be a fully independent office with
separate
| ||||||
12 | appropriations.
| ||||||
13 | (b) The Governor, Attorney General, Secretary of State, | ||||||
14 | Comptroller, and
Treasurer shall each appoint an Executive | ||||||
15 | Inspector General, and the Director of Gaming Enforcement shall | ||||||
16 | appoint an Executive Inspector General for gaming activities. | ||||||
17 | Each appointment must be made without regard to
political | ||||||
18 | affiliation and solely on the basis of integrity and
| ||||||
19 | demonstrated ability.
Appointments shall be made by and with | ||||||
20 | the advice and consent of the
Senate by three-fifths of the | ||||||
21 | elected members concurring by record vote.
Any nomination not | ||||||
22 | acted upon by the Senate within 60 session days of the
receipt | ||||||
23 | thereof shall be deemed to have received the advice and consent | ||||||
24 | of
the Senate. If, during a recess of the Senate, there is a | ||||||
25 | vacancy in an office
of Executive Inspector General, the |
| |||||||
| |||||||
1 | appointing authority shall make a
temporary appointment until | ||||||
2 | the next meeting of the Senate when the
appointing authority | ||||||
3 | shall make a nomination to fill that office. No person
rejected | ||||||
4 | for an office of Executive Inspector General shall, except by | ||||||
5 | the
Senate's request, be nominated again for that office at the | ||||||
6 | same session of
the Senate or be appointed to that office | ||||||
7 | during a recess of that Senate.
| ||||||
8 | Nothing in this Article precludes the appointment by the | ||||||
9 | Governor, Attorney
General,
Secretary of State, Comptroller, | ||||||
10 | or Treasurer of any other inspector general
required or
| ||||||
11 | permitted by law. The Governor, Attorney General, Secretary of | ||||||
12 | State,
Comptroller, and
Treasurer
each may appoint an existing | ||||||
13 | inspector general as the Executive Inspector
General
required | ||||||
14 | by this
Article, provided that such an inspector general is not | ||||||
15 | prohibited by law,
rule,
jurisdiction, qualification, or | ||||||
16 | interest from serving as the Executive
Inspector General
| ||||||
17 | required by
this Article.
An appointing authority may not | ||||||
18 | appoint a relative as an Executive Inspector
General.
| ||||||
19 | Each Executive Inspector General shall have the following | ||||||
20 | qualifications:
| ||||||
21 | (1) has not been convicted of any felony under the laws | ||||||
22 | of this State,
another State, or the United States;
| ||||||
23 | (2) has earned a baccalaureate degree from an | ||||||
24 | institution of higher
education; and
| ||||||
25 | (3) has 5 or more years of cumulative service (A) with | ||||||
26 | a federal,
State, or
local law enforcement agency, at least |
| |||||||
| |||||||
1 | 2 years of which have been in a
progressive investigatory | ||||||
2 | capacity; (B)
as a
federal, State, or local prosecutor; (C)
| ||||||
3 | as a
senior manager or executive of a federal, State, or | ||||||
4 | local
agency; (D) as a member, an officer,
or a State
or | ||||||
5 | federal judge; or (E) representing any combination of (A) | ||||||
6 | through (D).
| ||||||
7 | The term of each initial Executive Inspector General shall
| ||||||
8 | commence upon qualification and shall run through June 30, | ||||||
9 | 2008. The
initial appointments shall be made within 60 days | ||||||
10 | after the effective
date of this Act.
| ||||||
11 | After the initial term, each Executive Inspector General | ||||||
12 | shall serve
for 5-year terms commencing on July 1 of the year | ||||||
13 | of appointment
and running through June 30 of the fifth | ||||||
14 | following year. An
Executive Inspector General may be | ||||||
15 | reappointed to one or more
subsequent terms.
| ||||||
16 | A vacancy occurring other than at the end of a term shall | ||||||
17 | be filled
by the appointing authority only for the balance of | ||||||
18 | the term of the Executive
Inspector General whose office is | ||||||
19 | vacant.
| ||||||
20 | Terms shall run regardless of whether the position is | ||||||
21 | filled.
| ||||||
22 | (c) The Executive Inspector General appointed by the | ||||||
23 | Attorney General shall
have jurisdiction over the Attorney | ||||||
24 | General and all officers and employees of,
and vendors and | ||||||
25 | others doing business with,
State agencies within the | ||||||
26 | jurisdiction of the Attorney General. The Executive
Inspector |
| |||||||
| |||||||
1 | General appointed by the Secretary of State shall have | ||||||
2 | jurisdiction
over the Secretary of State and all officers and | ||||||
3 | employees of, and vendors and
others doing business with, State | ||||||
4 | agencies within the
jurisdiction of the Secretary of State. The | ||||||
5 | Executive Inspector General
appointed by the Comptroller shall | ||||||
6 | have jurisdiction over the Comptroller and
all officers and | ||||||
7 | employees of, and vendors and others doing business with,
State | ||||||
8 | agencies within the jurisdiction of the Comptroller. The
| ||||||
9 | Executive Inspector General appointed by the Treasurer shall | ||||||
10 | have jurisdiction
over the Treasurer and all officers and | ||||||
11 | employees of, and vendors and others
doing business with, State | ||||||
12 | agencies within the jurisdiction
of the Treasurer. The | ||||||
13 | Executive Inspector General appointed by the Governor
shall | ||||||
14 | have jurisdiction over the Governor, the Lieutenant Governor, | ||||||
15 | and all
officers and employees of, and vendors and others doing | ||||||
16 | business with,
executive branch State agencies under the | ||||||
17 | jurisdiction of the
Executive Ethics Commission and not within | ||||||
18 | the jurisdiction of the
Attorney
General, the Secretary of | ||||||
19 | State, the Comptroller, or the Treasurer , or the Executive | ||||||
20 | Inspector General for gaming activities .
The Executive | ||||||
21 | Inspector General for gaming activities appointed by the | ||||||
22 | Director of Gaming Enforcement has jurisdiction over the | ||||||
23 | Illinois Gaming Board, Illinois Racing Board, the Office of | ||||||
24 | Gaming Enforcement, and all
officers and employees of
those | ||||||
25 | agencies.
| ||||||
26 | The jurisdiction of each Executive Inspector General is to |
| |||||||
| |||||||
1 | investigate
allegations of fraud, waste, abuse, mismanagement, | ||||||
2 | misconduct, nonfeasance,
misfeasance,
malfeasance, or | ||||||
3 | violations of this Act or violations of other related
laws and | ||||||
4 | rules.
| ||||||
5 | (d) The minimum compensation for each Executive Inspector | ||||||
6 | General shall be
determined by the Executive Ethics Commission. | ||||||
7 | The actual compensation for each
Executive Inspector General | ||||||
8 | shall be determined by the appointing executive
branch
| ||||||
9 | constitutional officer and must be at or above the minimum | ||||||
10 | compensation level
set by
the Executive Ethics Commission. | ||||||
11 | Subject to Section 20-45 of this Act, each
Executive Inspector | ||||||
12 | General has full
authority
to organize his or her Office of the | ||||||
13 | Executive Inspector General, including the
employment and | ||||||
14 | determination of the compensation of staff, such as deputies,
| ||||||
15 | assistants, and other employees, as appropriations permit. A | ||||||
16 | separate
appropriation
shall be made for each Office of | ||||||
17 | Executive Inspector General.
| ||||||
18 | (e) No Executive Inspector General or employee of the | ||||||
19 | Office of
the Executive Inspector General may, during his or | ||||||
20 | her term of appointment or
employment:
| ||||||
21 | (1) become a candidate for any elective office;
| ||||||
22 | (2) hold any other elected or appointed public office
| ||||||
23 | except for appointments on governmental advisory boards
or | ||||||
24 | study commissions or as otherwise expressly authorized by | ||||||
25 | law;
| ||||||
26 | (3) be actively involved in the affairs of any |
| |||||||
| |||||||
1 | political party or
political organization; or
| ||||||
2 | (4) actively participate in any campaign for any
| ||||||
3 | elective office.
| ||||||
4 | In this subsection an appointed public office means a | ||||||
5 | position authorized by
law that is filled by an appointing | ||||||
6 | authority as provided by law and does not
include employment by | ||||||
7 | hiring in the ordinary course of business.
| ||||||
8 | (e-1) No Executive Inspector General or employee of the | ||||||
9 | Office of the
Executive Inspector General may, for one year | ||||||
10 | after the termination of his or
her appointment or employment:
| ||||||
11 | (1) become a candidate for any elective office;
| ||||||
12 | (2) hold any elected public office; or
| ||||||
13 | (3) hold any appointed State, county, or local judicial | ||||||
14 | office.
| ||||||
15 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
16 | be waived by the
Executive Ethics Commission.
| ||||||
17 | (f) An Executive Inspector General may be removed only for | ||||||
18 | cause and may
be removed only by the appointing constitutional | ||||||
19 | officer. At the time of the
removal,
the appointing | ||||||
20 | constitutional officer must report to the Executive Ethics
| ||||||
21 | Commission the
justification for the
removal.
| ||||||
22 | (Source: P.A. 93-617, eff. 12-9-03.) | ||||||
23 | (5 ILCS 430/20-15)
| ||||||
24 | Sec. 20-15. Duties of the Executive Ethics
Commission. In | ||||||
25 | addition to duties otherwise assigned by
law, the Executive |
| |||||||
| |||||||
1 | Ethics Commission shall have the
following duties:
| ||||||
2 | (1) To promulgate rules
governing the performance of | ||||||
3 | its duties and the
exercise of its powers and governing the | ||||||
4 | investigations of the
Executive Inspectors General.
It is | ||||||
5 | declared to be in the public interest, safety, and welfare | ||||||
6 | that the
Commission adopt emergency rules under the | ||||||
7 | Illinois Administrative Procedure
Act to initially perform | ||||||
8 | its duties under this subsection.
| ||||||
9 | (2) To conduct administrative hearings and rule on | ||||||
10 | matters
brought before the Commission only upon the receipt | ||||||
11 | of pleadings
filed by an Executive Inspector General and | ||||||
12 | not upon its own
prerogative, but may appoint special | ||||||
13 | Executive Inspectors General as provided
in Section 20-21. | ||||||
14 | Any other allegations of misconduct received by the
| ||||||
15 | Commission from a person other than an Executive Inspector | ||||||
16 | General
shall be referred to the Office of the appropriate | ||||||
17 | Executive Inspector General.
| ||||||
18 | (3) To prepare and publish manuals and guides and, | ||||||
19 | working with
the Office of the Attorney General, oversee
| ||||||
20 | training of employees under its jurisdiction that explains | ||||||
21 | their duties.
| ||||||
22 | (4) To prepare public information materials to | ||||||
23 | facilitate
compliance, implementation, and enforcement of | ||||||
24 | this Act.
| ||||||
25 | (5) To submit reports as required by this Act.
| ||||||
26 | (6) To the extent authorized by this Act, to make |
| |||||||
| |||||||
1 | rulings, issue
recommendations, and impose administrative | ||||||
2 | fines,
if appropriate,
in
connection with the | ||||||
3 | implementation and interpretation of this Act.
The powers | ||||||
4 | and duties of the
Commission are limited to matters clearly | ||||||
5 | within the purview of this
Act.
| ||||||
6 | (7) To issue subpoenas with respect to matters pending | ||||||
7 | before the Commission,
subject to the provisions of this | ||||||
8 | Article and in the
discretion of the Commission,
to compel | ||||||
9 | the attendance of witnesses for purposes of testimony and
| ||||||
10 | the production of documents and other items for inspection | ||||||
11 | and
copying.
| ||||||
12 | (8) To appoint special Executive Inspectors General as | ||||||
13 | provided in Section
20-21.
| ||||||
14 | (9) Pursuant to Section 5.3 of the Illinois Gambling | ||||||
15 | Act, select members as required to review applications and | ||||||
16 | appoint members to the Nomination Panel established under | ||||||
17 | the Illinois Gambling Act. | ||||||
18 | (Source: P.A. 93-617, eff. 12-9-03.)
| ||||||
19 | Section 90-2. The Executive Reorganization Implementation | ||||||
20 | Act is amended by changing Section 3.1 as follows:
| ||||||
21 | (15 ILCS 15/3.1) (from Ch. 127, par. 1803.1)
| ||||||
22 | Sec. 3.1. "Agency directly responsible to the Governor" or | ||||||
23 | "agency" means
any office, officer, division, or part thereof,
| ||||||
24 | and any other office, nonelective officer, department, |
| |||||||
| |||||||
1 | division, bureau,
board, or commission in the executive branch | ||||||
2 | of State government,
except that it does not apply to any | ||||||
3 | agency whose primary function is service
to the General | ||||||
4 | Assembly or the Judicial Branch of State government, or to
any | ||||||
5 | agency administered by the Attorney General, Secretary of | ||||||
6 | State, State
Comptroller or State Treasurer. In addition the | ||||||
7 | term does not apply to
the following agencies created by law | ||||||
8 | with the primary responsibility of
exercising regulatory
or | ||||||
9 | adjudicatory functions independently of the Governor:
| ||||||
10 | (1) the State Board of Elections;
| ||||||
11 | (2) the State Board of Education;
| ||||||
12 | (3) the Illinois Commerce Commission;
| ||||||
13 | (4) the Illinois Workers' Compensation
Commission;
| ||||||
14 | (5) the Civil Service Commission;
| ||||||
15 | (6) the Fair Employment Practices Commission;
| ||||||
16 | (7) the Pollution Control Board;
| ||||||
17 | (8) the Department of State Police Merit Board ; | ||||||
18 | (9) the Illinois Gaming Board; | ||||||
19 | (10) the Office of Gaming Enforcement; and | ||||||
20 | (11) the Illinois Racing Board .
| ||||||
21 | (Source: P.A. 93-721, eff. 1-1-05.)
| ||||||
22 | Section 90-5. The Alcoholism and Other Drug Abuse and | ||||||
23 | Dependency Act is amended by changing Section 5-20 as follows:
| ||||||
24 | (20 ILCS 301/5-20)
|
| |||||||
| |||||||
1 | Sec. 5-20. Compulsive gambling program.
| ||||||
2 | (a) Subject to appropriation, the Department shall | ||||||
3 | establish a program for
public education, research, and | ||||||
4 | training regarding problem and compulsive
gambling and the | ||||||
5 | treatment and prevention of problem and compulsive gambling.
| ||||||
6 | Subject to specific appropriation for these stated purposes, | ||||||
7 | the program must
include all of the following:
| ||||||
8 | (1) Establishment and maintenance of a toll-free "800" | ||||||
9 | telephone number
to provide crisis counseling and referral | ||||||
10 | services to families experiencing
difficulty as a result of | ||||||
11 | problem or compulsive gambling.
| ||||||
12 | (2) Promotion of public awareness regarding the | ||||||
13 | recognition and
prevention of problem and compulsive | ||||||
14 | gambling.
| ||||||
15 | (3) Facilitation, through in-service training and | ||||||
16 | other means, of the
availability of effective assistance | ||||||
17 | programs for problem and compulsive
gamblers.
| ||||||
18 | (4) Conducting studies to identify adults and | ||||||
19 | juveniles in this
State who are, or who are at risk of | ||||||
20 | becoming, problem or compulsive gamblers.
| ||||||
21 | (b) Subject to appropriation, the Department shall either | ||||||
22 | establish and
maintain the program or contract with a private | ||||||
23 | or public entity for the
establishment and maintenance of the | ||||||
24 | program. Subject to appropriation, either
the Department or the | ||||||
25 | private or public entity shall implement the toll-free
| ||||||
26 | telephone number, promote public awareness, and conduct |
| |||||||
| |||||||
1 | in-service training
concerning problem and compulsive | ||||||
2 | gambling.
| ||||||
3 | (c) Subject to appropriation, the Department shall produce | ||||||
4 | and supply the
signs specified in Section 10.7 of the Illinois | ||||||
5 | Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of | ||||||
6 | 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 | ||||||
7 | of the Charitable Games Act, and Section 13.1 of the Illinois | ||||||
8 | Riverboat
Gambling Act.
| ||||||
9 | (Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
| ||||||
10 | Section 90-7. The Department of Commerce and Economic | ||||||
11 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
12 | amended by adding Section 605-530 as follows: | ||||||
13 | (20 ILCS 605/605-530 new)
| ||||||
14 | Sec. 605-530. The Depressed Communities Economic | ||||||
15 | Development Board. | ||||||
16 | (a) The Depressed Communities Economic Development Board | ||||||
17 | is created as an advisory board within the Department of | ||||||
18 | Commerce and Economic Opportunity. The Board shall consist of | ||||||
19 | 10 members as follows: | ||||||
20 | (1) 2 members appointed by the President of the Senate, | ||||||
21 | one of whom is appointed to serve an initial term of one | ||||||
22 | year and one of whom is appointed to serve an initial term | ||||||
23 | of 2 years. | ||||||
24 | (2) 2 members appointed by the Minority Leader of the |
| |||||||
| |||||||
1 | Senate, one of whom is appointed to serve an initial term | ||||||
2 | of one year and one of whom is appointed to serve an | ||||||
3 | initial term of 2 years. | ||||||
4 | (3) 2 members appointed by the Speaker of the House of | ||||||
5 | Representatives, one of whom is appointed to serve an | ||||||
6 | initial term of one year and one of whom is appointed to | ||||||
7 | serve an initial term of 2 years. | ||||||
8 | (4) 2 members appointed by the Minority Leader of the | ||||||
9 | House of Representatives, one of whom is appointed to serve | ||||||
10 | an initial term of one year and one of whom is appointed to | ||||||
11 | serve an initial term of 2 years. | ||||||
12 | (5) 2 members appointed by the Governor with the advice | ||||||
13 | and consent of the Senate, one of whom is appointed to | ||||||
14 | serve an initial term of one year and one of whom is | ||||||
15 | appointed to serve an initial term of 2 years as chair of | ||||||
16 | the Board at the time of appointment. | ||||||
17 | After the initial terms, each member shall be appointed to | ||||||
18 | serve a term of 2 years and until his or her successor has been | ||||||
19 | appointed and assumes office. If a vacancy occurs in the Board | ||||||
20 | membership, the vacancy shall be filled in the same manner as | ||||||
21 | the initial appointment. | ||||||
22 | (b) Board members shall serve without compensation but may | ||||||
23 | be reimbursed for their reasonable travel expenses from funds | ||||||
24 | available for that purpose. The Department of Commerce and | ||||||
25 | Economic Opportunity shall provide staff and administrative | ||||||
26 | support services to the Board. |
| |||||||
| |||||||
1 | (c) The Board must make recommendations to the Department | ||||||
2 | of Commerce and Economic Opportunity concerning the award of | ||||||
3 | grants from amounts appropriated to the Department from the | ||||||
4 | Depressed Communities Economic Development Fund. The | ||||||
5 | Department must make grants to public or private entities | ||||||
6 | submitting proposals to the Board to revitalize an Illinois | ||||||
7 | depressed community within Cook County. Grants may be used by | ||||||
8 | these entities only for those purposes conditioned with the | ||||||
9 | grant. For the purposes of this subsection (c), plans for | ||||||
10 | revitalizing an Illinois depressed community include plans | ||||||
11 | intended to curb high levels of poverty, unemployment, job and | ||||||
12 | population loss, and general distress. An Illinois depressed | ||||||
13 | community (i) is an area within Cook County where the poverty | ||||||
14 | rate, as determined by using the most recent data released by | ||||||
15 | the United States Census Bureau, is at least 3% greater than | ||||||
16 | the State poverty rate as determined by using the most recent | ||||||
17 | data released by the United States Census Bureau; or (ii) is an | ||||||
18 | area within following zip codes:
60104, 60153, 60160, 60402, | ||||||
19 | 60406, 60409, 60411, 60419, 60426, 60429, 60432, 60472, 60473, | ||||||
20 | 60608, 60609, 60612, 60614, 60615, 60617, 60618, 60619, 60620, | ||||||
21 | 60622, 60623, 60624, 60628, 60629, 60630, 60632, 60636, 60637, | ||||||
22 | 60638, 60639, 60641, 60643, 60644, 60647, 60649, 60651, 60652, | ||||||
23 | 60653, 60655, 60804, and 60827.
| ||||||
24 | Section 90-10. The Department of Revenue Law of the
Civil | ||||||
25 | Administrative Code of Illinois is amended by changing Section |
| |||||||
| |||||||
1 | 2505-305 as follows:
| ||||||
2 | (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
| ||||||
3 | Sec. 2505-305. Investigators.
| ||||||
4 | (a) The Department has the power to
appoint investigators | ||||||
5 | to conduct all investigations,
searches, seizures, arrests, | ||||||
6 | and other duties imposed under the provisions
of any law | ||||||
7 | administered by the Department
or the Illinois Gaming Board .
| ||||||
8 | Except as provided in subsection (c), these investigators have
| ||||||
9 | and
may exercise all the powers of peace officers solely for | ||||||
10 | the purpose of
enforcing taxing measures administered by the | ||||||
11 | Department
or the Illinois Gaming Board .
| ||||||
12 | (b) The Director must authorize to each investigator | ||||||
13 | employed under this
Section and
to any other employee of the | ||||||
14 | Department exercising the powers of a peace
officer a
distinct | ||||||
15 | badge that, on its face, (i) clearly states that the badge is
| ||||||
16 | authorized
by the
Department and (ii)
contains a unique | ||||||
17 | identifying number.
No other badge shall be authorized by
the | ||||||
18 | Department.
| ||||||
19 | (c) Investigators appointed under this Section who are | ||||||
20 | assigned to the
Illinois Gaming Board have and may exercise all
| ||||||
21 | the rights and powers
of peace officers,
provided that these | ||||||
22 | powers shall be limited to offenses or violations occurring
or | ||||||
23 | committed on a riverboat or dock, as defined in subsections (d) | ||||||
24 | and (f) of
Section 4 of the Riverboat
Gambling Act.
| ||||||
25 | (Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01; 92-493, |
| |||||||
| |||||||
1 | eff. 1-1-02.)
| ||||||
2 | Section 90-12. The Illinois State Auditing Act is amended | ||||||
3 | by changing Section 3-1 as follows:
| ||||||
4 | (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
| ||||||
5 | Sec. 3-1. Jurisdiction of Auditor General. The Auditor | ||||||
6 | General has
jurisdiction over all State agencies to make post | ||||||
7 | audits and investigations
authorized by or under this Act or | ||||||
8 | the Constitution.
| ||||||
9 | The Auditor General has jurisdiction over local government | ||||||
10 | agencies
and private agencies only:
| ||||||
11 | (a) to make such post audits authorized by or under | ||||||
12 | this Act as are
necessary and incidental to a post audit of | ||||||
13 | a State agency or of a
program administered by a State | ||||||
14 | agency involving public funds of the
State, but this | ||||||
15 | jurisdiction does not include any authority to review
local | ||||||
16 | governmental agencies in the obligation, receipt, | ||||||
17 | expenditure or
use of public funds of the State that are | ||||||
18 | granted without limitation or
condition imposed by law, | ||||||
19 | other than the general limitation that such
funds be used | ||||||
20 | for public purposes;
| ||||||
21 | (b) to make investigations authorized by or under this | ||||||
22 | Act or the
Constitution; and
| ||||||
23 | (c) to make audits of the records of local government | ||||||
24 | agencies to verify
actual costs of state-mandated programs |
| |||||||
| |||||||
1 | when directed to do so by the
Legislative Audit Commission | ||||||
2 | at the request of the State Board of Appeals
under the | ||||||
3 | State Mandates Act.
| ||||||
4 | In addition to the foregoing, the Auditor General may | ||||||
5 | conduct an
audit of the Metropolitan Pier and Exposition | ||||||
6 | Authority, the
Regional Transportation Authority, the Suburban | ||||||
7 | Bus Division, the Commuter
Rail Division and the Chicago | ||||||
8 | Transit Authority and any other subsidized
carrier when | ||||||
9 | authorized by the Legislative Audit Commission. Such audit
may | ||||||
10 | be a financial, management or program audit, or any combination | ||||||
11 | thereof.
| ||||||
12 | The audit shall determine whether they are operating in | ||||||
13 | accordance with
all applicable laws and regulations. Subject to | ||||||
14 | the limitations of this
Act, the Legislative Audit Commission | ||||||
15 | may by resolution specify additional
determinations to be | ||||||
16 | included in the scope of the audit.
| ||||||
17 | In addition to the foregoing, the Auditor General must also | ||||||
18 | conduct a
financial audit of
the Illinois Sports Facilities | ||||||
19 | Authority's expenditures of public funds in
connection with the | ||||||
20 | reconstruction, renovation, remodeling, extension, or
| ||||||
21 | improvement of all or substantially all of any existing | ||||||
22 | "facility", as that
term is defined in the Illinois Sports | ||||||
23 | Facilities Authority Act.
| ||||||
24 | The Auditor General may also conduct an audit, when | ||||||
25 | authorized by
the Legislative Audit Commission, of any hospital | ||||||
26 | which receives 10% or
more of its gross revenues from payments |
| |||||||
| |||||||
1 | from the State of Illinois,
Department of Healthcare and Family | ||||||
2 | Services (formerly Department of Public Aid), Medical | ||||||
3 | Assistance Program.
| ||||||
4 | The Auditor General is authorized to conduct financial and | ||||||
5 | compliance
audits of the Illinois Distance Learning Foundation | ||||||
6 | and the Illinois
Conservation Foundation.
| ||||||
7 | As soon as practical after the effective date of this | ||||||
8 | amendatory Act of
1995, the Auditor General shall conduct a | ||||||
9 | compliance and management audit of
the City of
Chicago and any | ||||||
10 | other entity with regard to the operation of Chicago O'Hare
| ||||||
11 | International Airport, Chicago Midway Airport and Merrill C. | ||||||
12 | Meigs Field. The
audit shall include, but not be limited to, an | ||||||
13 | examination of revenues,
expenses, and transfers of funds; | ||||||
14 | purchasing and contracting policies and
practices; staffing | ||||||
15 | levels; and hiring practices and procedures. When
completed, | ||||||
16 | the audit required by this paragraph shall be distributed in
| ||||||
17 | accordance with Section 3-14.
| ||||||
18 | The Auditor General shall conduct a financial and | ||||||
19 | compliance and program
audit of distributions from the | ||||||
20 | Municipal Economic Development Fund
during the immediately | ||||||
21 | preceding calendar year pursuant to Section 8-403.1 of
the | ||||||
22 | Public Utilities Act at no cost to the city, village, or | ||||||
23 | incorporated town
that received the distributions.
| ||||||
24 | The Auditor General must conduct an audit of the Health | ||||||
25 | Facilities Planning
Board pursuant to Section 19.5 of the | ||||||
26 | Illinois Health Facilities Planning
Act.
|
| |||||||
| |||||||
1 | The Auditor General must conduct an audit of the Chicago | ||||||
2 | Casino Development Authority pursuant to Section 1-60 of the | ||||||
3 | Chicago Casino Development Authority Act and the Illinois | ||||||
4 | Casino Development Authority pursuant to Section 5-60 of the | ||||||
5 | Illinois Casino Development Authority Act. | ||||||
6 | The Auditor General of the State of Illinois shall annually | ||||||
7 | conduct or
cause to be conducted a financial and compliance | ||||||
8 | audit of the books and records
of any county water commission | ||||||
9 | organized pursuant to the Water Commission Act
of 1985 and | ||||||
10 | shall file a copy of the report of that audit with the Governor | ||||||
11 | and
the Legislative Audit Commission. The filed audit shall be | ||||||
12 | open to the public
for inspection. The cost of the audit shall | ||||||
13 | be charged to the county water
commission in accordance with | ||||||
14 | Section 6z-27 of the State Finance Act. The
county water | ||||||
15 | commission shall make available to the Auditor General its | ||||||
16 | books
and records and any other documentation, whether in the | ||||||
17 | possession of its
trustees or other parties, necessary to | ||||||
18 | conduct the audit required. These
audit requirements apply only | ||||||
19 | through July 1, 2007.
| ||||||
20 | The Auditor General must conduct audits of the Rend Lake | ||||||
21 | Conservancy
District as provided in Section 25.5 of the River | ||||||
22 | Conservancy Districts Act.
| ||||||
23 | The Auditor General must conduct financial audits of the | ||||||
24 | Southeastern Illinois Economic Development Authority as | ||||||
25 | provided in Section 70 of the Southeastern Illinois Economic | ||||||
26 | Development Authority Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
2 | Section 90-15. The State Finance Act is amended by changing | ||||||
3 | Section 8h and adding Sections 5.710, 5.711, 5.712, 5.713, | ||||||
4 | 5.714, and 6z-73 as follows:
| ||||||
5 | (30 ILCS 105/5.710 new)
| ||||||
6 | Sec. 5.710. The Illinois Works Fund. | ||||||
7 | (30 ILCS 105/5.711 new)
| ||||||
8 | Sec. 5.711. The Focusing on Children, Uplifting Schools | ||||||
9 | (FOCUS) Fund. | ||||||
10 | (30 ILCS 105/5.712 new)
| ||||||
11 | Sec. 5.712. The Depressed Communities Economic Development | ||||||
12 | Fund. | ||||||
13 | (30 ILCS 105/5.713 new)
| ||||||
14 | Sec. 5.713. The Illinois Works Debt Service Fund. | ||||||
15 | (30 ILCS 105/5.714 new)
| ||||||
16 | Sec. 5.714. The Illinois Casino Development Authority | ||||||
17 | Fund. | ||||||
18 | (30 ILCS 105/6z-73 new) | ||||||
19 | Sec. 6z-73. FOCUS Fund. |
| |||||||
| |||||||
1 | (a) There is created the Focusing on Children, Uplifting | ||||||
2 | Schools (FOCUS) Fund as a special fund in the State treasury. | ||||||
3 | All money in the Fund shall be used, subject to appropriation, | ||||||
4 | by the State Board of Education as provided in this Section. | ||||||
5 | (b) The State Board of Education shall distribute the money | ||||||
6 | in the FOCUS Fund as follows: | ||||||
7 | (1) Twenty percent of money in the Fund must be | ||||||
8 | distributed to a school district organized under Article 34 | ||||||
9 | of the School Code. | ||||||
10 | (2) Twenty percent of the money in the Fund must be | ||||||
11 | distributed on a per capita basis to depressed school | ||||||
12 | districts and school districts that accept for enrollment | ||||||
13 | military-dependent children whose parents or guardians | ||||||
14 | reside in federal military housing. To determine which | ||||||
15 | school districts qualify as depressed school districts, | ||||||
16 | the State Board shall use its final data for the previous | ||||||
17 | school year concerning those school districts that have the | ||||||
18 | lowest 30% of available local resources, as defined under | ||||||
19 | Section 18-8.05 of the School Code. School districts | ||||||
20 | organized under Article 34 of the School Code are not | ||||||
21 | eligible for these funds. | ||||||
22 | (3) Fifteen percent of the money in the Fund must be | ||||||
23 | distributed to school districts as a supplement to their | ||||||
24 | School Safety and Educational Improvement Block Grant | ||||||
25 | Program. School districts organized under Article 34 of the | ||||||
26 | School Code are not eligible for these funds. |
| |||||||
| |||||||
1 | (4) Ten percent of the money in the Fund must be | ||||||
2 | distributed as fast growth grants under Section 18-8.10 of | ||||||
3 | the School Code to school districts that qualify. | ||||||
4 | (5) Ten percent of the money in the Fund must be | ||||||
5 | distributed to the Regional Offices of Education for a | ||||||
6 | program to re-enroll dropouts. | ||||||
7 | (6) Fifteen percent of the money in the Fund must be | ||||||
8 | distributed as a booster grant to school districts and | ||||||
9 | laboratory schools in proportion to their general state aid | ||||||
10 | and supplemental state aid grants. School districts | ||||||
11 | organized under Article 34 of the School Code are not | ||||||
12 | eligible for these funds. | ||||||
13 | (7) Ten percent of the money in the Fund must be | ||||||
14 | distributed through an Early Childhood Education Block | ||||||
15 | Grant under Section 1C-2 of the School Code. | ||||||
16 | (30 ILCS 105/8h)
| ||||||
17 | Sec. 8h. Transfers to General Revenue Fund. | ||||||
18 | (a) Except as otherwise provided in this Section and | ||||||
19 | Section 8n of this Act, and
notwithstanding any other
State law | ||||||
20 | to the contrary, the Governor
may, through June 30, 2007, from | ||||||
21 | time to time direct the State Treasurer and Comptroller to | ||||||
22 | transfer
a specified sum from any fund held by the State | ||||||
23 | Treasurer to the General
Revenue Fund in order to help defray | ||||||
24 | the State's operating costs for the
fiscal year. The total | ||||||
25 | transfer under this Section from any fund in any
fiscal year |
| |||||||
| |||||||
1 | shall not exceed the lesser of (i) 8% of the revenues to be | ||||||
2 | deposited
into the fund during that fiscal year or (ii) an | ||||||
3 | amount that leaves a remaining fund balance of 25% of the July | ||||||
4 | 1 fund balance of that fiscal year. In fiscal year 2005 only, | ||||||
5 | prior to calculating the July 1, 2004 final balances, the | ||||||
6 | Governor may calculate and direct the State Treasurer with the | ||||||
7 | Comptroller to transfer additional amounts determined by | ||||||
8 | applying the formula authorized in Public Act 93-839 to the | ||||||
9 | funds balances on July 1, 2003.
No transfer may be made from a | ||||||
10 | fund under this Section that would have the
effect of reducing | ||||||
11 | the available balance in the fund to an amount less than
the | ||||||
12 | amount remaining unexpended and unreserved from the total | ||||||
13 | appropriation
from that fund estimated to be expended for that | ||||||
14 | fiscal year. This Section does not apply to any
funds that are | ||||||
15 | restricted by federal law to a specific use, to any funds in
| ||||||
16 | the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the | ||||||
17 | Hospital Provider Fund, the Medicaid Provider Relief Fund, the | ||||||
18 | Teacher Health Insurance Security Fund, the Reviewing Court | ||||||
19 | Alternative Dispute Resolution Fund, the Voters' Guide Fund, | ||||||
20 | the Foreign Language Interpreter Fund, the Lawyers' Assistance | ||||||
21 | Program Fund, the Supreme Court Federal Projects Fund, the | ||||||
22 | Supreme Court Special State Projects Fund, the Supplemental | ||||||
23 | Low-Income Energy Assistance Fund, the Good Samaritan Energy | ||||||
24 | Trust Fund, the Low-Level Radioactive Waste Facility | ||||||
25 | Development and Operation Fund, the Horse Racing Equity Trust | ||||||
26 | Fund, the Racing Industry Workers' Trust Fund, the Illinois |
| |||||||
| |||||||
1 | Equine Research Trust Fund, the Illinois Colt Stakes Purse | ||||||
2 | Distribution Fund, the Illinois Thoroughbred Breeders Fund, | ||||||
3 | the Illinois Racing Quarter Horse Breeders Fund, the Illinois | ||||||
4 | Standardbred Breeders Fund, the Metabolic Screening and | ||||||
5 | Treatment Fund, or the Hospital Basic Services Preservation | ||||||
6 | Fund, or to any
funds to which Section 70-50 of the Nurse | ||||||
7 | Practice Act applies. No transfers may be made under this | ||||||
8 | Section from the Pet Population Control Fund. Notwithstanding | ||||||
9 | any
other provision of this Section, for fiscal year 2004,
the | ||||||
10 | total transfer under this Section from the Road Fund or the | ||||||
11 | State
Construction Account Fund shall not exceed the lesser of | ||||||
12 | (i) 5% of the revenues to be deposited
into the fund during | ||||||
13 | that fiscal year or (ii) 25% of the beginning balance in the | ||||||
14 | fund.
For fiscal year 2005 through fiscal year 2007, no amounts | ||||||
15 | may be transferred under this Section from the Road Fund, the | ||||||
16 | State Construction Account Fund, the Criminal Justice | ||||||
17 | Information Systems Trust Fund, the Wireless Service Emergency | ||||||
18 | Fund, or the Mandatory Arbitration Fund.
| ||||||
19 | In determining the available balance in a fund, the | ||||||
20 | Governor
may include receipts, transfers into the fund, and | ||||||
21 | other
resources anticipated to be available in the fund in that | ||||||
22 | fiscal year.
| ||||||
23 | The State Treasurer and Comptroller shall transfer the | ||||||
24 | amounts designated
under this Section as soon as may be | ||||||
25 | practicable after receiving the direction
to transfer from the | ||||||
26 | Governor.
|
| |||||||
| |||||||
1 | (a-5) Transfers directed to be made under this Section on | ||||||
2 | or before February 28, 2006 that are still pending on May 19, | ||||||
3 | 2006 (the effective date of Public Act 94-774) shall be | ||||||
4 | redirected as provided in Section 8n of this Act.
| ||||||
5 | (b) This Section does not apply to: (i) the Ticket For The | ||||||
6 | Cure Fund; (ii) any fund established under the Community Senior | ||||||
7 | Services and Resources Act; or (iii) on or after January 1, | ||||||
8 | 2006 (the effective date of Public Act 94-511), the Child Labor | ||||||
9 | and Day and Temporary Labor Enforcement Fund. | ||||||
10 | (c) This Section does not apply to the Demutualization | ||||||
11 | Trust Fund established under the Uniform Disposition of | ||||||
12 | Unclaimed Property Act.
| ||||||
13 | (d) This Section does not apply to moneys set aside in the | ||||||
14 | Illinois State Podiatric Disciplinary Fund for podiatric | ||||||
15 | scholarships and residency programs under the Podiatric | ||||||
16 | Scholarship and Residency Act. | ||||||
17 | (e) Subsection (a) does not apply to, and no transfer may | ||||||
18 | be made under this Section from, the Pension Stabilization | ||||||
19 | Fund.
| ||||||
20 | (f) Subsection (a) does not apply to, and no transfer may | ||||||
21 | be made under this Section from, the Illinois Power Agency | ||||||
22 | Operations Fund, the Illinois Power Agency Facilities Fund, the | ||||||
23 | Illinois Power Agency Debt Service Fund, and the Illinois Power | ||||||
24 | Agency Trust Fund.
| ||||||
25 | (g)
(f) This Section does not apply to the Veterans Service | ||||||
26 | Organization Reimbursement Fund.
|
| |||||||
| |||||||
1 | (h)
(f) This Section does not apply to the Supreme Court | ||||||
2 | Historic Preservation Fund.
| ||||||
3 | (Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, | ||||||
4 | eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; | ||||||
5 | 94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. | ||||||
6 | 11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, | ||||||
7 | eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; | ||||||
8 | 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. | ||||||
9 | 8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, | ||||||
10 | eff. 10-5-07; 95-695, eff. 11-5-07; revised 11-2-07.)
| ||||||
11 | Section 90-21. The Illinois Procurement Code is amended by | ||||||
12 | changing Section 50-70 as follows:
| ||||||
13 | (30 ILCS 500/50-70)
| ||||||
14 | Sec. 50-70. Additional provisions. This Code is subject
to | ||||||
15 | applicable provisions of
the following Acts:
| ||||||
16 | (1) Article 33E of the Criminal Code of 1961;
| ||||||
17 | (2) the Illinois Human Rights Act;
| ||||||
18 | (3) the Discriminatory Club Act;
| ||||||
19 | (4) the Illinois Governmental Ethics Act;
| ||||||
20 | (5) the State Prompt Payment Act;
| ||||||
21 | (6) the Public Officer Prohibited Activities Act;
| ||||||
22 | (7) the Drug Free Workplace Act; and
| ||||||
23 | (8) the Illinois Power Agency Act ; .
| ||||||
24 | (9)
(8) the Employee Classification Act ; and .
|
| |||||||
| |||||||
1 | (10) the Illinois Gambling Act.
| ||||||
2 | (Source: P.A. 95-26, eff. 1-1-08; 95-481, eff. 8-28-07; revised | ||||||
3 | 11-2-07.)
| ||||||
4 | Section 90-22. The Illinois Pension Code is amended by | ||||||
5 | changing Sections 14-110, 14-111, 14-152.1, 18-127, and 18-169 | ||||||
6 | as follows:
| ||||||
7 | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| ||||||
8 | Sec. 14-110. Alternative retirement annuity.
| ||||||
9 | (a) Any member who has withdrawn from service with not less | ||||||
10 | than 20
years of eligible creditable service and has attained | ||||||
11 | age 55, and any
member who has withdrawn from service with not | ||||||
12 | less than 25 years of
eligible creditable service and has | ||||||
13 | attained age 50, regardless of whether
the attainment of either | ||||||
14 | of the specified ages occurs while the member is
still in | ||||||
15 | service, shall be entitled to receive at the option of the | ||||||
16 | member,
in lieu of the regular or minimum retirement annuity, a | ||||||
17 | retirement annuity
computed as follows:
| ||||||
18 | (i) for periods of service as a noncovered employee:
if | ||||||
19 | retirement occurs on or after January 1, 2001, 3% of final
| ||||||
20 | average compensation for each year of creditable service; | ||||||
21 | if retirement occurs
before January 1, 2001, 2 1/4% of | ||||||
22 | final average compensation for each of the
first 10 years | ||||||
23 | of creditable service, 2 1/2% for each year above 10 years | ||||||
24 | to
and including 20 years of creditable service, and 2 3/4% |
| |||||||
| |||||||
1 | for each year of
creditable service above 20 years; and
| ||||||
2 | (ii) for periods of eligible creditable service as a | ||||||
3 | covered employee:
if retirement occurs on or after January | ||||||
4 | 1, 2001, 2.5% of final average
compensation for each year | ||||||
5 | of creditable service; if retirement occurs before
January | ||||||
6 | 1, 2001, 1.67% of final average compensation for each of | ||||||
7 | the first
10 years of such service, 1.90% for each of the | ||||||
8 | next 10 years of such service,
2.10% for each year of such | ||||||
9 | service in excess of 20 but not exceeding 30, and
2.30% for | ||||||
10 | each year in excess of 30.
| ||||||
11 | Such annuity shall be subject to a maximum of 75% of final | ||||||
12 | average
compensation if retirement occurs before January 1, | ||||||
13 | 2001 or to a maximum
of 80% of final average compensation if | ||||||
14 | retirement occurs on or after January
1, 2001.
| ||||||
15 | These rates shall not be applicable to any service | ||||||
16 | performed
by a member as a covered employee which is not | ||||||
17 | eligible creditable service.
Service as a covered employee | ||||||
18 | which is not eligible creditable service
shall be subject to | ||||||
19 | the rates and provisions of Section 14-108.
| ||||||
20 | (b) For the purpose of this Section, "eligible creditable | ||||||
21 | service" means
creditable service resulting from service in one | ||||||
22 | or more of the following
positions:
| ||||||
23 | (1) State policeman;
| ||||||
24 | (2) fire fighter in the fire protection service of a | ||||||
25 | department;
| ||||||
26 | (3) air pilot;
|
| |||||||
| |||||||
1 | (4) special agent;
| ||||||
2 | (5) investigator for the Secretary of State;
| ||||||
3 | (6) conservation police officer;
| ||||||
4 | (7) investigator for the Department of Revenue ; | ||||||
5 | (7.5) investigator for the Office of Gaming | ||||||
6 | Enforcement ;
| ||||||
7 | (8) security employee of the Department of Human | ||||||
8 | Services;
| ||||||
9 | (9) Central Management Services security police | ||||||
10 | officer;
| ||||||
11 | (10) security employee of the Department of | ||||||
12 | Corrections or the Department of Juvenile Justice;
| ||||||
13 | (11) dangerous drugs investigator;
| ||||||
14 | (12) investigator for the Department of State Police;
| ||||||
15 | (13) investigator for the Office of the Attorney | ||||||
16 | General;
| ||||||
17 | (14) controlled substance inspector;
| ||||||
18 | (15) investigator for the Office of the State's | ||||||
19 | Attorneys Appellate
Prosecutor;
| ||||||
20 | (16) Commerce Commission police officer;
| ||||||
21 | (17) arson investigator;
| ||||||
22 | (18) State highway maintenance worker.
| ||||||
23 | A person employed in one of the positions specified in this | ||||||
24 | subsection is
entitled to eligible creditable service for | ||||||
25 | service credit earned under this
Article while undergoing the | ||||||
26 | basic police training course approved by the
Illinois Law |
| |||||||
| |||||||
1 | Enforcement Training
Standards Board, if
completion of that | ||||||
2 | training is required of persons serving in that position.
For | ||||||
3 | the purposes of this Code, service during the required basic | ||||||
4 | police
training course shall be deemed performance of the | ||||||
5 | duties of the specified
position, even though the person is not | ||||||
6 | a sworn peace officer at the time of
the training.
| ||||||
7 | (c) For the purposes of this Section:
| ||||||
8 | (1) The term "state policeman" includes any title or | ||||||
9 | position
in the Department of State Police that is held by | ||||||
10 | an individual employed
under the State Police Act.
| ||||||
11 | (2) The term "fire fighter in the fire protection | ||||||
12 | service of a
department" includes all officers in such fire | ||||||
13 | protection service
including fire chiefs and assistant | ||||||
14 | fire chiefs.
| ||||||
15 | (3) The term "air pilot" includes any employee whose | ||||||
16 | official job
description on file in the Department of | ||||||
17 | Central Management Services, or
in the department by which | ||||||
18 | he is employed if that department is not covered
by the | ||||||
19 | Personnel Code, states that his principal duty is the | ||||||
20 | operation of
aircraft, and who possesses a pilot's license; | ||||||
21 | however, the change in this
definition made by this | ||||||
22 | amendatory Act of 1983 shall not operate to exclude
any | ||||||
23 | noncovered employee who was an "air pilot" for the purposes | ||||||
24 | of this
Section on January 1, 1984.
| ||||||
25 | (4) The term "special agent" means any person who by | ||||||
26 | reason of
employment by the Division of Narcotic Control, |
| |||||||
| |||||||
1 | the Bureau of Investigation
or, after July 1, 1977, the | ||||||
2 | Division of Criminal Investigation, the
Division of | ||||||
3 | Internal Investigation, the Division of Operations, or any
| ||||||
4 | other Division or organizational
entity in the Department | ||||||
5 | of State Police is vested by law with duties to
maintain | ||||||
6 | public order, investigate violations of the criminal law of | ||||||
7 | this
State, enforce the laws of this State, make arrests | ||||||
8 | and recover property.
The term "special agent" includes any | ||||||
9 | title or position in the Department
of State Police that is | ||||||
10 | held by an individual employed under the State
Police Act.
| ||||||
11 | (5) The term "investigator for the Secretary of State" | ||||||
12 | means any person
employed by the Office of the Secretary of | ||||||
13 | State and vested with such
investigative duties as render | ||||||
14 | him ineligible for coverage under the Social
Security Act | ||||||
15 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
16 | 218(l)(1)
of that Act.
| ||||||
17 | A person who became employed as an investigator for the | ||||||
18 | Secretary of
State between January 1, 1967 and December 31, | ||||||
19 | 1975, and who has served as
such until attainment of age | ||||||
20 | 60, either continuously or with a single break
in service | ||||||
21 | of not more than 3 years duration, which break terminated | ||||||
22 | before
January 1, 1976, shall be entitled to have his | ||||||
23 | retirement annuity
calculated in accordance with | ||||||
24 | subsection (a), notwithstanding
that he has less than 20 | ||||||
25 | years of credit for such service.
| ||||||
26 | (6) The term "Conservation Police Officer" means any |
| |||||||
| |||||||
1 | person employed
by the Division of Law Enforcement of the | ||||||
2 | Department of Natural Resources and
vested with such law | ||||||
3 | enforcement duties as render him ineligible for coverage
| ||||||
4 | under the Social Security Act by reason of Sections | ||||||
5 | 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | ||||||
6 | term "Conservation Police Officer" includes
the positions | ||||||
7 | of Chief Conservation Police Administrator and Assistant
| ||||||
8 | Conservation Police Administrator.
| ||||||
9 | (7) The term "investigator for the Department of | ||||||
10 | Revenue" means any
person employed by the Department of | ||||||
11 | Revenue and vested with such
investigative duties as render | ||||||
12 | him ineligible for coverage under the Social
Security Act | ||||||
13 | by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | ||||||
14 | 218(l)(1)
of that Act.
| ||||||
15 | (7.5) The term "investigator for the Office of Gaming | ||||||
16 | Enforcement" means any
person employed as such by the | ||||||
17 | Office of Gaming Enforcement and vested with such
peace | ||||||
18 | officer duties as render the person ineligible for coverage | ||||||
19 | under the Social
Security Act by reason of Sections | ||||||
20 | 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1)
of that Act, but | ||||||
21 | only to the extent that a member received creditable | ||||||
22 | service under this Section prior to such employment.
| ||||||
23 | (8) The term "security employee of the Department of | ||||||
24 | Human Services"
means any person employed by the Department | ||||||
25 | of Human Services who (i) is
employed at the Chester Mental | ||||||
26 | Health Center and has daily contact with the
residents |
| |||||||
| |||||||
1 | thereof, (ii) is employed within a security unit at a | ||||||
2 | facility
operated by the Department and has daily contact | ||||||
3 | with the residents of the
security unit, (iii) is employed | ||||||
4 | at a facility operated by the Department
that includes a | ||||||
5 | security unit and is regularly scheduled to work at least
| ||||||
6 | 50% of his or her working hours within that security unit, | ||||||
7 | or (iv) is a mental health police officer.
"Mental health | ||||||
8 | police officer" means any person employed by the Department | ||||||
9 | of
Human Services in a position pertaining to the | ||||||
10 | Department's mental health and
developmental disabilities | ||||||
11 | functions who is vested with such law enforcement
duties as | ||||||
12 | render the person ineligible for coverage under the Social | ||||||
13 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
14 | 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | ||||||
15 | means that portion of a facility that is devoted to
the | ||||||
16 | care, containment, and treatment of persons committed to | ||||||
17 | the Department of
Human Services as sexually violent | ||||||
18 | persons, persons unfit to stand trial, or
persons not | ||||||
19 | guilty by reason of insanity. With respect to past | ||||||
20 | employment,
references to the Department of Human Services | ||||||
21 | include its predecessor, the
Department of Mental Health | ||||||
22 | and Developmental Disabilities.
| ||||||
23 | The changes made to this subdivision (c)(8) by Public | ||||||
24 | Act 92-14 apply to persons who retire on or after January | ||||||
25 | 1,
2001, notwithstanding Section 1-103.1.
| ||||||
26 | (9) "Central Management Services security police |
| |||||||
| |||||||
1 | officer" means any
person employed by the Department of | ||||||
2 | Central Management Services who is
vested with such law | ||||||
3 | enforcement duties as render him ineligible for
coverage | ||||||
4 | under the Social Security Act by reason of Sections | ||||||
5 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| ||||||
6 | (10) For a member who first became an employee under | ||||||
7 | this Article before July 1, 2005, the term "security | ||||||
8 | employee of the Department of Corrections or the Department | ||||||
9 | of Juvenile Justice"
means any employee of the Department | ||||||
10 | of Corrections or the Department of Juvenile Justice or the | ||||||
11 | former
Department of Personnel, and any member or employee | ||||||
12 | of the Prisoner
Review Board, who has daily contact with | ||||||
13 | inmates or youth by working within a
correctional facility | ||||||
14 | or Juvenile facility operated by the Department of Juvenile | ||||||
15 | Justice or who is a parole officer or an employee who has
| ||||||
16 | direct contact with committed persons in the performance of | ||||||
17 | his or her
job duties. For a member who first becomes an | ||||||
18 | employee under this Article on or after July 1, 2005, the | ||||||
19 | term means an employee of the Department of Corrections or | ||||||
20 | the Department of Juvenile Justice who is any of the | ||||||
21 | following: (i) officially headquartered at a correctional | ||||||
22 | facility or Juvenile facility operated by the Department of | ||||||
23 | Juvenile Justice, (ii) a parole officer, (iii) a member of | ||||||
24 | the apprehension unit, (iv) a member of the intelligence | ||||||
25 | unit, (v) a member of the sort team, or (vi) an | ||||||
26 | investigator.
|
| |||||||
| |||||||
1 | (11) The term "dangerous drugs investigator" means any | ||||||
2 | person who is
employed as such by the Department of Human | ||||||
3 | Services.
| ||||||
4 | (12) The term "investigator for the Department of State | ||||||
5 | Police" means
a person employed by the Department of State | ||||||
6 | Police who is vested under
Section 4 of the Narcotic | ||||||
7 | Control Division Abolition Act with such
law enforcement | ||||||
8 | powers as render him ineligible for coverage under the
| ||||||
9 | Social Security Act by reason of Sections 218(d)(5)(A), | ||||||
10 | 218(d)(8)(D) and
218(l)(1) of that Act.
| ||||||
11 | (13) "Investigator for the Office of the Attorney | ||||||
12 | General" means any
person who is employed as such by the | ||||||
13 | Office of the Attorney General and
is vested with such | ||||||
14 | investigative duties as render him ineligible for
coverage | ||||||
15 | under the Social Security Act by reason of Sections | ||||||
16 | 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | ||||||
17 | the period before January 1,
1989, the term includes all | ||||||
18 | persons who were employed as investigators by the
Office of | ||||||
19 | the Attorney General, without regard to social security | ||||||
20 | status.
| ||||||
21 | (14) "Controlled substance inspector" means any person | ||||||
22 | who is employed
as such by the Department of Professional | ||||||
23 | Regulation and is vested with such
law enforcement duties | ||||||
24 | as render him ineligible for coverage under the Social
| ||||||
25 | Security Act by reason of Sections 218(d)(5)(A), | ||||||
26 | 218(d)(8)(D) and 218(l)(1) of
that Act. The term |
| |||||||
| |||||||
1 | "controlled substance inspector" includes the Program
| ||||||
2 | Executive of Enforcement and the Assistant Program | ||||||
3 | Executive of Enforcement.
| ||||||
4 | (15) The term "investigator for the Office of the | ||||||
5 | State's Attorneys
Appellate Prosecutor" means a person | ||||||
6 | employed in that capacity on a full
time basis under the | ||||||
7 | authority of Section 7.06 of the State's Attorneys
| ||||||
8 | Appellate Prosecutor's Act.
| ||||||
9 | (16) "Commerce Commission police officer" means any | ||||||
10 | person employed
by the Illinois Commerce Commission who is | ||||||
11 | vested with such law
enforcement duties as render him | ||||||
12 | ineligible for coverage under the Social
Security Act by | ||||||
13 | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| ||||||
14 | 218(l)(1) of that Act.
| ||||||
15 | (17) "Arson investigator" means any person who is | ||||||
16 | employed as such by
the Office of the State Fire Marshal | ||||||
17 | and is vested with such law enforcement
duties as render | ||||||
18 | the person ineligible for coverage under the Social | ||||||
19 | Security
Act by reason of Sections 218(d)(5)(A), | ||||||
20 | 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | ||||||
21 | employed as an arson
investigator on January 1, 1995 and is | ||||||
22 | no longer in service but not yet
receiving a retirement | ||||||
23 | annuity may convert his or her creditable service for
| ||||||
24 | employment as an arson investigator into eligible | ||||||
25 | creditable service by paying
to the System the difference | ||||||
26 | between the employee contributions actually paid
for that |
| |||||||
| |||||||
1 | service and the amounts that would have been contributed if | ||||||
2 | the
applicant were contributing at the rate applicable to | ||||||
3 | persons with the same
social security status earning | ||||||
4 | eligible creditable service on the date of
application.
| ||||||
5 | (18) The term "State highway maintenance worker" means | ||||||
6 | a person who is
either of the following:
| ||||||
7 | (i) A person employed on a full-time basis by the | ||||||
8 | Illinois
Department of Transportation in the position | ||||||
9 | of
highway maintainer,
highway maintenance lead | ||||||
10 | worker,
highway maintenance lead/lead worker,
heavy | ||||||
11 | construction equipment operator,
power shovel | ||||||
12 | operator, or
bridge mechanic; and
whose principal | ||||||
13 | responsibility is to perform, on the roadway, the | ||||||
14 | actual
maintenance necessary to keep the highways that | ||||||
15 | form a part of the State
highway system in serviceable | ||||||
16 | condition for vehicular traffic.
| ||||||
17 | (ii) A person employed on a full-time basis by the | ||||||
18 | Illinois
State Toll Highway Authority in the position | ||||||
19 | of
equipment operator/laborer H-4,
equipment | ||||||
20 | operator/laborer H-6,
welder H-4,
welder H-6,
| ||||||
21 | mechanical/electrical H-4,
mechanical/electrical H-6,
| ||||||
22 | water/sewer H-4,
water/sewer H-6,
sign maker/hanger | ||||||
23 | H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| ||||||
24 | roadway lighting H-6,
structural H-4,
structural H-6,
| ||||||
25 | painter H-4, or
painter H-6; and
whose principal | ||||||
26 | responsibility is to perform, on the roadway, the |
| |||||||
| |||||||
1 | actual
maintenance necessary to keep the Authority's | ||||||
2 | tollways in serviceable condition
for vehicular | ||||||
3 | traffic.
| ||||||
4 | (d) A security employee of the Department of Corrections or | ||||||
5 | the Department of Juvenile Justice, and a security
employee of | ||||||
6 | the Department of Human Services who is not a mental health | ||||||
7 | police
officer, shall not be eligible for the alternative | ||||||
8 | retirement annuity provided
by this Section unless he or she | ||||||
9 | meets the following minimum age and service
requirements at the | ||||||
10 | time of retirement:
| ||||||
11 | (i) 25 years of eligible creditable service and age 55; | ||||||
12 | or
| ||||||
13 | (ii) beginning January 1, 1987, 25 years of eligible | ||||||
14 | creditable service
and age 54, or 24 years of eligible | ||||||
15 | creditable service and age 55; or
| ||||||
16 | (iii) beginning January 1, 1988, 25 years of eligible | ||||||
17 | creditable service
and age 53, or 23 years of eligible | ||||||
18 | creditable service and age 55; or
| ||||||
19 | (iv) beginning January 1, 1989, 25 years of eligible | ||||||
20 | creditable service
and age 52, or 22 years of eligible | ||||||
21 | creditable service and age 55; or
| ||||||
22 | (v) beginning January 1, 1990, 25 years of eligible | ||||||
23 | creditable service
and age 51, or 21 years of eligible | ||||||
24 | creditable service and age 55; or
| ||||||
25 | (vi) beginning January 1, 1991, 25 years of eligible | ||||||
26 | creditable service
and age 50, or 20 years of eligible |
| |||||||
| |||||||
1 | creditable service and age 55.
| ||||||
2 | Persons who have service credit under Article 16 of this | ||||||
3 | Code for service
as a security employee of the Department of | ||||||
4 | Corrections or the Department of Juvenile Justice, or the | ||||||
5 | Department
of Human Services in a position requiring | ||||||
6 | certification as a teacher may
count such service toward | ||||||
7 | establishing their eligibility under the service
requirements | ||||||
8 | of this Section; but such service may be used only for
| ||||||
9 | establishing such eligibility, and not for the purpose of | ||||||
10 | increasing or
calculating any benefit.
| ||||||
11 | (e) If a member enters military service while working in a | ||||||
12 | position in
which eligible creditable service may be earned, | ||||||
13 | and returns to State
service in the same or another such | ||||||
14 | position, and fulfills in all other
respects the conditions | ||||||
15 | prescribed in this Article for credit for military
service, | ||||||
16 | such military service shall be credited as eligible creditable
| ||||||
17 | service for the purposes of the retirement annuity prescribed | ||||||
18 | in this Section.
| ||||||
19 | (f) For purposes of calculating retirement annuities under | ||||||
20 | this
Section, periods of service rendered after December 31, | ||||||
21 | 1968 and before
October 1, 1975 as a covered employee in the | ||||||
22 | position of special agent,
conservation police officer, mental | ||||||
23 | health police officer, or investigator
for the Secretary of | ||||||
24 | State, shall be deemed to have been service as a
noncovered | ||||||
25 | employee, provided that the employee pays to the System prior | ||||||
26 | to
retirement an amount equal to (1) the difference between the |
| |||||||
| |||||||
1 | employee
contributions that would have been required for such | ||||||
2 | service as a
noncovered employee, and the amount of employee | ||||||
3 | contributions actually
paid, plus (2) if payment is made after | ||||||
4 | July 31, 1987, regular interest
on the amount specified in item | ||||||
5 | (1) from the date of service to the date
of payment.
| ||||||
6 | For purposes of calculating retirement annuities under | ||||||
7 | this Section,
periods of service rendered after December 31, | ||||||
8 | 1968 and before January 1,
1982 as a covered employee in the | ||||||
9 | position of investigator for the
Department of Revenue shall be | ||||||
10 | deemed to have been service as a noncovered
employee, provided | ||||||
11 | that the employee pays to the System prior to retirement
an | ||||||
12 | amount equal to (1) the difference between the employee | ||||||
13 | contributions
that would have been required for such service as | ||||||
14 | a noncovered employee,
and the amount of employee contributions | ||||||
15 | actually paid, plus (2) if payment
is made after January 1, | ||||||
16 | 1990, regular interest on the amount specified in
item (1) from | ||||||
17 | the date of service to the date of payment.
| ||||||
18 | (g) A State policeman may elect, not later than January 1, | ||||||
19 | 1990, to
establish eligible creditable service for up to 10 | ||||||
20 | years of his service as
a policeman under Article 3, by filing | ||||||
21 | a written election with the Board,
accompanied by payment of an | ||||||
22 | amount to be determined by the Board, equal to
(i) the | ||||||
23 | difference between the amount of employee and employer
| ||||||
24 | contributions transferred to the System under Section 3-110.5, | ||||||
25 | and the
amounts that would have been contributed had such | ||||||
26 | contributions been made
at the rates applicable to State |
| |||||||
| |||||||
1 | policemen, plus (ii) interest thereon at
the effective rate for | ||||||
2 | each year, compounded annually, from the date of
service to the | ||||||
3 | date of payment.
| ||||||
4 | Subject to the limitation in subsection (i), a State | ||||||
5 | policeman may elect,
not later than July 1, 1993, to establish | ||||||
6 | eligible creditable service for
up to 10 years of his service | ||||||
7 | as a member of the County Police Department
under Article 9, by | ||||||
8 | filing a written election with the Board, accompanied
by | ||||||
9 | payment of an amount to be determined by the Board, equal to | ||||||
10 | (i) the
difference between the amount of employee and employer | ||||||
11 | contributions
transferred to the System under Section 9-121.10 | ||||||
12 | and the amounts that would
have been contributed had those | ||||||
13 | contributions been made at the rates
applicable to State | ||||||
14 | policemen, plus (ii) interest thereon at the effective
rate for | ||||||
15 | each year, compounded annually, from the date of service to the
| ||||||
16 | date of payment.
| ||||||
17 | (h) Subject to the limitation in subsection (i), a State | ||||||
18 | policeman or
investigator for the Secretary of State may elect | ||||||
19 | to establish eligible
creditable service for up to 12 years of | ||||||
20 | his service as a policeman under
Article 5, by filing a written | ||||||
21 | election with the Board on or before January
31, 1992, and | ||||||
22 | paying to the System by January 31, 1994 an amount to be
| ||||||
23 | determined by the Board, equal to (i) the difference between | ||||||
24 | the amount of
employee and employer contributions transferred | ||||||
25 | to the System under Section
5-236, and the amounts that would | ||||||
26 | have been contributed had such
contributions been made at the |
| |||||||
| |||||||
1 | rates applicable to State policemen, plus
(ii) interest thereon | ||||||
2 | at the effective rate for each year, compounded
annually, from | ||||||
3 | the date of service to the date of payment.
| ||||||
4 | Subject to the limitation in subsection (i), a State | ||||||
5 | policeman,
conservation police officer, or investigator for | ||||||
6 | the Secretary of State may
elect to establish eligible | ||||||
7 | creditable service for up to 10 years of
service as a sheriff's | ||||||
8 | law enforcement employee under Article 7, by filing
a written | ||||||
9 | election with the Board on or before January 31, 1993, and | ||||||
10 | paying
to the System by January 31, 1994 an amount to be | ||||||
11 | determined by the Board,
equal to (i) the difference between | ||||||
12 | the amount of employee and
employer contributions transferred | ||||||
13 | to the System under Section
7-139.7, and the amounts that would | ||||||
14 | have been contributed had such
contributions been made at the | ||||||
15 | rates applicable to State policemen, plus
(ii) interest thereon | ||||||
16 | at the effective rate for each year, compounded
annually, from | ||||||
17 | the date of service to the date of payment.
| ||||||
18 | Subject to the limitation in subsection (i), a State | ||||||
19 | policeman,
conservation police officer, or investigator for | ||||||
20 | the Secretary of State may
elect to establish eligible | ||||||
21 | creditable service for up to 5 years of
service as a police | ||||||
22 | officer under Article 3, a policeman under Article 5, a | ||||||
23 | sheriff's law enforcement employee under Article 7, a member of | ||||||
24 | the county police department under Article 9, or a police | ||||||
25 | officer under Article 15 by filing
a written election with the | ||||||
26 | Board and paying
to the System an amount to be determined by |
| |||||||
| |||||||
1 | the Board,
equal to (i) the difference between the amount of | ||||||
2 | employee and
employer contributions transferred to the System | ||||||
3 | under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | ||||||
4 | and the amounts that would have been contributed had such
| ||||||
5 | contributions been made at the rates applicable to State | ||||||
6 | policemen, plus
(ii) interest thereon at the effective rate for | ||||||
7 | each year, compounded
annually, from the date of service to the | ||||||
8 | date of payment. | ||||||
9 | (i) The total amount of eligible creditable service | ||||||
10 | established by any
person under subsections (g), (h), (j), (k), | ||||||
11 | and (l) of this
Section shall not exceed 12 years.
| ||||||
12 | (j) Subject to the limitation in subsection (i), an | ||||||
13 | investigator for
the Office of the State's Attorneys Appellate | ||||||
14 | Prosecutor or a controlled
substance inspector may elect to
| ||||||
15 | establish eligible creditable service for up to 10 years of his | ||||||
16 | service as
a policeman under Article 3 or a sheriff's law | ||||||
17 | enforcement employee under
Article 7, by filing a written | ||||||
18 | election with the Board, accompanied by
payment of an amount to | ||||||
19 | be determined by the Board, equal to (1) the
difference between | ||||||
20 | the amount of employee and employer contributions
transferred | ||||||
21 | to the System under Section 3-110.6 or 7-139.8, and the amounts
| ||||||
22 | that would have been contributed had such contributions been | ||||||
23 | made at the
rates applicable to State policemen, plus (2) | ||||||
24 | interest thereon at the
effective rate for each year, | ||||||
25 | compounded annually, from the date of service
to the date of | ||||||
26 | payment.
|
| |||||||
| |||||||
1 | (k) Subject to the limitation in subsection (i) of this | ||||||
2 | Section, an
alternative formula employee may elect to establish | ||||||
3 | eligible creditable
service for periods spent as a full-time | ||||||
4 | law enforcement officer or full-time
corrections officer | ||||||
5 | employed by the federal government or by a state or local
| ||||||
6 | government located outside of Illinois, for which credit is not | ||||||
7 | held in any
other public employee pension fund or retirement | ||||||
8 | system. To obtain this
credit, the applicant must file a | ||||||
9 | written application with the Board by March
31, 1998, | ||||||
10 | accompanied by evidence of eligibility acceptable to the Board | ||||||
11 | and
payment of an amount to be determined by the Board, equal | ||||||
12 | to (1) employee
contributions for the credit being established, | ||||||
13 | based upon the applicant's
salary on the first day as an | ||||||
14 | alternative formula employee after the employment
for which | ||||||
15 | credit is being established and the rates then applicable to
| ||||||
16 | alternative formula employees, plus (2) an amount determined by | ||||||
17 | the Board
to be the employer's normal cost of the benefits | ||||||
18 | accrued for the credit being
established, plus (3) regular | ||||||
19 | interest on the amounts in items (1) and (2) from
the first day | ||||||
20 | as an alternative formula employee after the employment for | ||||||
21 | which
credit is being established to the date of payment.
| ||||||
22 | (l) Subject to the limitation in subsection (i), a security | ||||||
23 | employee of
the Department of Corrections may elect, not later | ||||||
24 | than July 1, 1998, to
establish eligible creditable service for | ||||||
25 | up to 10 years of his or her service
as a policeman under | ||||||
26 | Article 3, by filing a written election with the Board,
|
| |||||||
| |||||||
1 | accompanied by payment of an amount to be determined by the | ||||||
2 | Board, equal to
(i) the difference between the amount of | ||||||
3 | employee and employer contributions
transferred to the System | ||||||
4 | under Section 3-110.5, and the amounts that would
have been | ||||||
5 | contributed had such contributions been made at the rates | ||||||
6 | applicable
to security employees of the Department of | ||||||
7 | Corrections, plus (ii) interest
thereon at the effective rate | ||||||
8 | for each year, compounded annually, from the date
of service to | ||||||
9 | the date of payment.
| ||||||
10 | (m) The amendatory changes to this Section made by this | ||||||
11 | amendatory Act of the 94th General Assembly apply only to: (1) | ||||||
12 | security employees of the Department of Juvenile Justice | ||||||
13 | employed by the Department of Corrections before the effective | ||||||
14 | date of this amendatory Act of the 94th General Assembly and | ||||||
15 | transferred to the Department of Juvenile Justice by this | ||||||
16 | amendatory Act of the 94th General Assembly; and (2) persons | ||||||
17 | employed by the Department of Juvenile Justice on or after the | ||||||
18 | effective date of this amendatory Act of the 94th General | ||||||
19 | Assembly who are required by subsection (b) of Section 3-2.5-15 | ||||||
20 | of the Unified Code of Corrections to have a bachelor's or | ||||||
21 | advanced degree from an accredited college or university with a | ||||||
22 | specialization in criminal justice, education, psychology, | ||||||
23 | social work, or a closely related social science or, in the | ||||||
24 | case of persons who provide vocational training, who are | ||||||
25 | required to have adequate knowledge in the skill for which they | ||||||
26 | are providing the vocational training.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06; 95-530, | ||||||
2 | eff. 8-28-07.)
| ||||||
3 | (40 ILCS 5/14-111) (from Ch. 108 1/2, par. 14-111)
| ||||||
4 | Sec. 14-111. Re-entry After retirement.
| ||||||
5 | (a) An annuitant who re-enters the service of a department | ||||||
6 | and receives
compensation on a regular payroll shall receive no | ||||||
7 | payments of the
retirement annuity during the time he is so | ||||||
8 | employed, with the following
exceptions:
| ||||||
9 | (1) An annuitant who is employed by a department while | ||||||
10 | he or she is a
continuing participant in the General | ||||||
11 | Assembly Retirement System under
Sections 2-117.1 and | ||||||
12 | 14-105.4 will not be considered to have made a
re-entry | ||||||
13 | after retirement within the meaning of this Section for the
| ||||||
14 | duration of such continuing participation. Any person who | ||||||
15 | is a continuing
participant under Sections 2-117.1 and | ||||||
16 | 14-105.4 on the effective date of
this amendatory Act of | ||||||
17 | 1991 and whose retirement annuity has been suspended
under | ||||||
18 | this Section shall be entitled to receive from the System a | ||||||
19 | sum equal
to the annuity payments that have been withheld | ||||||
20 | under this Section, and
shall receive the benefit of this | ||||||
21 | amendment without regard to Section
1-103.1.
| ||||||
22 | (2) An annuitant who accepts temporary employment from | ||||||
23 | such a
department for a period not exceeding 75 working | ||||||
24 | days in any calendar year
is not considered to make a | ||||||
25 | re-entry after retirement within the meaning of
this |
| |||||||
| |||||||
1 | Section. Any part of a day on temporary employment is | ||||||
2 | considered a
full day of employment.
| ||||||
3 | (3) An annuitant who accepts employment as a member of | ||||||
4 | the Illinois Gaming Board or as the Director of Gaming | ||||||
5 | Enforcement may elect to not participate in this System | ||||||
6 | with respect to that service. An annuitant who elects to | ||||||
7 | not participate in this System with respect to that service | ||||||
8 | is not considered to make a re-entry after retirement | ||||||
9 | within the meaning of this Section. | ||||||
10 | (b) If such person re-enters the service of a department, | ||||||
11 | not as a
temporary employee, contributions to the system shall | ||||||
12 | begin as of the
date of re-employment and additional creditable | ||||||
13 | service shall begin to
accrue. He shall assume the status of a | ||||||
14 | member entitled to all rights
and privileges in the system, | ||||||
15 | including death and disability benefits,
excluding a refund of | ||||||
16 | contributions.
| ||||||
17 | Upon subsequent retirement, his retirement annuity shall | ||||||
18 | consist of:
| ||||||
19 | (1) the amounts of the annuities terminated by re-entry | ||||||
20 | into
service; and
| ||||||
21 | (2) the amount of the additional retirement annuity | ||||||
22 | earned by the
member during the period of additional | ||||||
23 | membership service which shall
not be subject to | ||||||
24 | reversionary annuity if any.
| ||||||
25 | The total retirement annuity shall not, however, exceed the | ||||||
26 | maximum
applicable to the member at the time of original |
| |||||||
| |||||||
1 | retirement.
In the computation of any such retirement annuity, | ||||||
2 | the time that the
member was on retirement shall not interrupt | ||||||
3 | the continuity of service
for the computation of final average | ||||||
4 | compensation and the additional
membership service shall be | ||||||
5 | considered, together with service rendered
before the previous | ||||||
6 | retirement, in establishing final average
compensation.
| ||||||
7 | A person who re-enters the service of a department within 3 | ||||||
8 | years
after retiring may qualify to have the retirement annuity | ||||||
9 | computed as
though the member had not previously retired by | ||||||
10 | paying to
the System, within 5 years after re-entry and prior | ||||||
11 | to subsequent
retirement, in a lump sum or in installment | ||||||
12 | payments in accordance with
such rules as may be adopted by the | ||||||
13 | Board, an amount equal to all
retirement payments received, | ||||||
14 | including any payments received in accordance
with subsection | ||||||
15 | (c) or (d) of Section 14-130, plus regular interest from
the | ||||||
16 | date retirement payments were suspended to the date of | ||||||
17 | repayment.
| ||||||
18 | (Source: P.A. 86-1488; 87-794.)
| ||||||
19 | (40 ILCS 5/14-152.1)
| ||||||
20 | Sec. 14-152.1. Application and expiration of new benefit | ||||||
21 | increases. | ||||||
22 | (a) As used in this Section, "new benefit increase" means | ||||||
23 | an increase in the amount of any benefit provided under this | ||||||
24 | Article, or an expansion of the conditions of eligibility for | ||||||
25 | any benefit under this Article, that results from an amendment |
| |||||||
| |||||||
1 | to this Code that takes effect after June 1, 2005 ( the | ||||||
2 | effective date of Public Act 94-4)
this amendatory Act of the | ||||||
3 | 94th General Assembly . "New benefit increase", however, does | ||||||
4 | not include any benefit increase resulting from the changes | ||||||
5 | made to this Article by this amendatory Act of the 95th General | ||||||
6 | Assembly.
| ||||||
7 | (b) Notwithstanding any other provision of this Code or any | ||||||
8 | subsequent amendment to this Code, every new benefit increase | ||||||
9 | is subject to this Section and shall be deemed to be granted | ||||||
10 | only in conformance with and contingent upon compliance with | ||||||
11 | the provisions of this Section.
| ||||||
12 | (c) The Public Act enacting a new benefit increase must | ||||||
13 | identify and provide for payment to the System of additional | ||||||
14 | funding at least sufficient to fund the resulting annual | ||||||
15 | increase in cost to the System as it accrues. | ||||||
16 | Every new benefit increase is contingent upon the General | ||||||
17 | Assembly providing the additional funding required under this | ||||||
18 | subsection. The Commission on Government Forecasting and | ||||||
19 | Accountability shall analyze whether adequate additional | ||||||
20 | funding has been provided for the new benefit increase and | ||||||
21 | shall report its analysis to the Public Pension Division of the | ||||||
22 | Department of Financial and Professional Regulation. A new | ||||||
23 | benefit increase created by a Public Act that does not include | ||||||
24 | the additional funding required under this subsection is null | ||||||
25 | and void. If the Public Pension Division determines that the | ||||||
26 | additional funding provided for a new benefit increase under |
| |||||||
| |||||||
1 | this subsection is or has become inadequate, it may so certify | ||||||
2 | to the Governor and the State Comptroller and, in the absence | ||||||
3 | of corrective action by the General Assembly, the new benefit | ||||||
4 | increase shall expire at the end of the fiscal year in which | ||||||
5 | the certification is made.
| ||||||
6 | (d) Every new benefit increase shall expire 5 years after | ||||||
7 | its effective date or on such earlier date as may be specified | ||||||
8 | in the language enacting the new benefit increase or provided | ||||||
9 | under subsection (c). This does not prevent the General | ||||||
10 | Assembly from extending or re-creating a new benefit increase | ||||||
11 | by law. | ||||||
12 | (e) Except as otherwise provided in the language creating | ||||||
13 | the new benefit increase, a new benefit increase that expires | ||||||
14 | under this Section continues to apply to persons who applied | ||||||
15 | and qualified for the affected benefit while the new benefit | ||||||
16 | increase was in effect and to the affected beneficiaries and | ||||||
17 | alternate payees of such persons, but does not apply to any | ||||||
18 | other person, including without limitation a person who | ||||||
19 | continues in service after the expiration date and did not | ||||||
20 | apply and qualify for the affected benefit while the new | ||||||
21 | benefit increase was in effect.
| ||||||
22 | (Source: P.A. 94-4, eff. 6-1-05.)
| ||||||
23 | (40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)
| ||||||
24 | Sec. 18-127. Retirement annuity - suspension on | ||||||
25 | reemployment.
|
| |||||||
| |||||||
1 | (a) A participant receiving a retirement annuity who is | ||||||
2 | regularly
employed for compensation by an employer other than a | ||||||
3 | county, in any
capacity, shall have his or her retirement | ||||||
4 | annuity payments suspended
during such employment. Upon | ||||||
5 | termination of such employment, retirement
annuity payments at | ||||||
6 | the previous rate shall be resumed.
| ||||||
7 | If such a participant resumes service as a judge, he or she
| ||||||
8 | shall receive credit for any additional service. Upon | ||||||
9 | subsequent
retirement, his or her retirement annuity shall be | ||||||
10 | the amount previously
granted, plus the amount earned by the | ||||||
11 | additional judicial service under
the provisions in effect | ||||||
12 | during the period of such additional service.
However, if the | ||||||
13 | participant was receiving the maximum rate of annuity at
the | ||||||
14 | time of re-employment, he or she may elect, in a written | ||||||
15 | direction
filed with the board, not to receive any additional | ||||||
16 | service credit during
the period of re-employment. In such | ||||||
17 | case, contributions shall not be
required during the period of | ||||||
18 | re-employment. Any such election shall be
irrevocable.
| ||||||
19 | (b) Beginning January 1, 1991, any participant receiving a | ||||||
20 | retirement
annuity who accepts temporary employment from an | ||||||
21 | employer other than a
county for a period not exceeding 75 | ||||||
22 | working days in any calendar year
shall not be deemed to be | ||||||
23 | regularly employed for compensation or to have
resumed service | ||||||
24 | as a judge for the purposes of this Article. A day shall
be | ||||||
25 | considered a working day if the annuitant performs on it any of | ||||||
26 | his
duties under the temporary employment agreement.
|
| |||||||
| |||||||
1 | (c) Except as provided in subsection (a), beginning January | ||||||
2 | 1, 1993,
retirement annuities shall not be subject to | ||||||
3 | suspension upon resumption of
employment for an employer, and | ||||||
4 | any retirement annuity that is then so
suspended shall be | ||||||
5 | reinstated on that date.
| ||||||
6 | (d) The changes made in this Section by this amendatory Act | ||||||
7 | of 1993
shall apply to judges no longer in service on its | ||||||
8 | effective date, as well as to
judges serving on or after that | ||||||
9 | date.
| ||||||
10 | (e) A participant receiving a retirement
annuity under this | ||||||
11 | Article who (i) serves as a part-time employee in any of the | ||||||
12 | following positions: Legislative Inspector General, Special | ||||||
13 | Legislative Inspector General, employee of the Office of the | ||||||
14 | Legislative Inspector General, Executive Director of the | ||||||
15 | Legislative Ethics Commission, or staff of the Legislative | ||||||
16 | Ethics Commission or (ii) serves on the Illinois Gaming Board | ||||||
17 | or as the Director of Gaming Enforcement , but has not elected | ||||||
18 | to participate in the Article 14 System with respect to that | ||||||
19 | service, shall not be deemed to be regularly employed for | ||||||
20 | compensation by an employer other than a county, nor to have
| ||||||
21 | resumed service as a judge, on the basis of that service, and | ||||||
22 | the retirement annuity payments and other benefits of that | ||||||
23 | person under this Code shall not be suspended, diminished, or | ||||||
24 | otherwise impaired solely as a consequence of that service. | ||||||
25 | This subsection (e) applies without regard to whether the | ||||||
26 | person is in service as a judge under this Article on or after |
| |||||||
| |||||||
1 | the effective date of this amendatory Act of the 93rd General | ||||||
2 | Assembly. In this subsection, a "part-time employee" is a | ||||||
3 | person who is not required to work at least 35 hours per week.
| ||||||
4 | The changes made to this subsection (e) by this amendatory Act | ||||||
5 | of the 95th General Assembly apply without regard to whether | ||||||
6 | the person is in service as a judge under this Article on or | ||||||
7 | after the effective date of this amendatory Act of the 95th | ||||||
8 | General Assembly.
| ||||||
9 | (f) A participant receiving a retirement annuity under this | ||||||
10 | Article who has made an election under Section 1-123 and who is | ||||||
11 | serving either as legal counsel in the Office of the Governor | ||||||
12 | or as Chief Deputy Attorney General shall not be deemed to be | ||||||
13 | regularly employed for compensation by an employer other than a | ||||||
14 | county, nor to have resumed service as a judge, on the basis of | ||||||
15 | that service, and the retirement annuity payments and other | ||||||
16 | benefits of that person under this Code shall not be suspended, | ||||||
17 | diminished, or otherwise impaired solely as a consequence of | ||||||
18 | that service. This subsection (f) applies without regard to | ||||||
19 | whether the person is in service as a judge under this Article | ||||||
20 | on or after the effective date of this amendatory Act of the | ||||||
21 | 93rd General Assembly.
| ||||||
22 | (Source: P.A. 93-685, eff. 7-8-04; 93-1069, eff. 1-15-05.)
| ||||||
23 | (40 ILCS 5/18-169)
| ||||||
24 | Sec. 18-169. Application and expiration of new benefit | ||||||
25 | increases. |
| |||||||
| |||||||
1 | (a) As used in this Section, "new benefit increase" means | ||||||
2 | an increase in the amount of any benefit provided under this | ||||||
3 | Article, or an expansion of the conditions of eligibility for | ||||||
4 | any benefit under this Article, that results from an amendment | ||||||
5 | to this Code that takes effect after June 1, 2005 ( the | ||||||
6 | effective date Public Act 94-4)
of this amendatory Act of the | ||||||
7 | 94th General Assembly . "New benefit increase", however, does | ||||||
8 | not include any benefit increase resulting from the changes | ||||||
9 | made to this Article by this amendatory Act of the 95th General | ||||||
10 | Assembly. | ||||||
11 | (b) Notwithstanding any other provision of this Code or any | ||||||
12 | subsequent amendment to this Code, every new benefit increase | ||||||
13 | is subject to this Section and shall be deemed to be granted | ||||||
14 | only in conformance with and contingent upon compliance with | ||||||
15 | the provisions of this Section.
| ||||||
16 | (c) The Public Act enacting a new benefit increase must | ||||||
17 | identify and provide for payment to the System of additional | ||||||
18 | funding at least sufficient to fund the resulting annual | ||||||
19 | increase in cost to the System as it accrues. | ||||||
20 | Every new benefit increase is contingent upon the General | ||||||
21 | Assembly providing the additional funding required under this | ||||||
22 | subsection. The Commission on Government Forecasting and | ||||||
23 | Accountability shall analyze whether adequate additional | ||||||
24 | funding has been provided for the new benefit increase and | ||||||
25 | shall report its analysis to the Public Pension Division of the | ||||||
26 | Department of Financial and Professional Regulation. A new |
| |||||||
| |||||||
1 | benefit increase created by a Public Act that does not include | ||||||
2 | the additional funding required under this subsection is null | ||||||
3 | and void. If the Public Pension Division determines that the | ||||||
4 | additional funding provided for a new benefit increase under | ||||||
5 | this subsection is or has become inadequate, it may so certify | ||||||
6 | to the Governor and the State Comptroller and, in the absence | ||||||
7 | of corrective action by the General Assembly, the new benefit | ||||||
8 | increase shall expire at the end of the fiscal year in which | ||||||
9 | the certification is made.
| ||||||
10 | (d) Every new benefit increase shall expire 5 years after | ||||||
11 | its effective date or on such earlier date as may be specified | ||||||
12 | in the language enacting the new benefit increase or provided | ||||||
13 | under subsection (c). This does not prevent the General | ||||||
14 | Assembly from extending or re-creating a new benefit increase | ||||||
15 | by law. | ||||||
16 | (e) Except as otherwise provided in the language creating | ||||||
17 | the new benefit increase, a new benefit increase that expires | ||||||
18 | under this Section continues to apply to persons who applied | ||||||
19 | and qualified for the affected benefit while the new benefit | ||||||
20 | increase was in effect and to the affected beneficiaries and | ||||||
21 | alternate payees of such persons, but does not apply to any | ||||||
22 | other person, including without limitation a person who | ||||||
23 | continues in service after the expiration date and did not | ||||||
24 | apply and qualify for the affected benefit while the new | ||||||
25 | benefit increase was in effect.
| ||||||
26 | (Source: P.A. 94-4, eff. 6-1-05.) |
| |||||||
| |||||||
1 | Section 90-25. The Joliet Regional Port District Act is | ||||||
2 | amended by changing Section 5.1 as follows:
| ||||||
3 | (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
| ||||||
4 | Sec. 5.1. Riverboat gambling. Notwithstanding any other | ||||||
5 | provision of
this Act, the District may not regulate the | ||||||
6 | operation, conduct, or
navigation of any riverboat gambling | ||||||
7 | casino licensed under the Illinois Riverboat
Gambling Act, and | ||||||
8 | the District
may not license, tax, or otherwise levy any | ||||||
9 | assessment of any kind on
any riverboat gambling casino | ||||||
10 | licensed under the Illinois Riverboat Gambling Act. The
General | ||||||
11 | Assembly declares that the powers to regulate the operation,
| ||||||
12 | conduct, and navigation of riverboat gambling casinos and to | ||||||
13 | license, tax,
and levy assessments upon riverboat gambling | ||||||
14 | casinos are exclusive powers of
the State of Illinois and the | ||||||
15 | Illinois Gaming Board as provided in the Illinois
Riverboat | ||||||
16 | Gambling Act.
| ||||||
17 | (Source: P.A. 87-1175.)
| ||||||
18 | Section 90-30. The Consumer Installment Loan Act is amended | ||||||
19 | by changing Section 12.5 as follows:
| ||||||
20 | (205 ILCS 670/12.5)
| ||||||
21 | Sec. 12.5. Limited purpose branch.
| ||||||
22 | (a) Upon the written approval of the Director, a licensee |
| |||||||
| |||||||
1 | may maintain a
limited purpose branch for the sole purpose of | ||||||
2 | making loans as permitted by
this Act. A limited purpose branch | ||||||
3 | may include an automatic loan machine. No
other activity shall | ||||||
4 | be conducted at the site, including but not limited to,
| ||||||
5 | accepting payments, servicing the accounts, or collections.
| ||||||
6 | (b) The licensee must submit an application for a limited | ||||||
7 | purpose branch to
the Director on forms prescribed by the | ||||||
8 | Director with an application fee of
$300. The approval for the | ||||||
9 | limited purpose branch must be renewed concurrently
with the | ||||||
10 | renewal of the licensee's license along with a renewal fee of | ||||||
11 | $300 for
the limited purpose branch.
| ||||||
12 | (c) The books, accounts, records, and files of the limited | ||||||
13 | purpose branch's
transactions shall be maintained at the | ||||||
14 | licensee's licensed location. The
licensee shall notify the | ||||||
15 | Director of the licensed location at which the books,
accounts, | ||||||
16 | records, and files shall be maintained.
| ||||||
17 | (d) The licensee shall prominently display at the limited | ||||||
18 | purpose branch the
address and telephone number of the | ||||||
19 | licensee's licensed location.
| ||||||
20 | (e) No other business shall be conducted at the site of the | ||||||
21 | limited purpose
branch unless authorized by the Director.
| ||||||
22 | (f) The Director shall make and enforce reasonable rules | ||||||
23 | for the conduct of
a limited purpose branch.
| ||||||
24 | (g) A limited purpose branch may not be located
in within | ||||||
25 | 1,000 feet of a facility operated by an inter-track wagering | ||||||
26 | licensee or
an organization licensee subject to the Illinois |
| |||||||
| |||||||
1 | Horse Racing Act of 1975,
on a riverboat , in a casino, or in an | ||||||
2 | electronic gaming facility subject to
the Illinois Riverboat | ||||||
3 | Gambling Act, or within 1,000 feet of any such the location at | ||||||
4 | which the
riverboat docks .
| ||||||
5 | (Source: P.A. 90-437, eff. 1-1-98.)
| ||||||
6 | Section 90-35. The Illinois Horse Racing Act of 1975 is | ||||||
7 | amended by changing
Sections 1.2, 1.3, 3.071, 3.077, 3.12, | ||||||
8 | 3.20, 3.22, 3.23, 4, 5, 6, 7, 9, 20, 25, 26, 26.1, 27, 28.1, 30, | ||||||
9 | 30.5, 31, 36, 42, 45, and 54.5 and
adding
Sections 2.5, 3.24, | ||||||
10 | 3.25, 3.26, 3.27, 3.28, 3.29, 6.5, 12.5, 21.5, 31.2, 31.3, | ||||||
11 | 34.3, 56, and 57 as follows:
| ||||||
12 | (230 ILCS 5/1.2)
| ||||||
13 | Sec. 1.2. Legislative intent. This Act is intended to | ||||||
14 | benefit the people of
the State of Illinois by encouraging the | ||||||
15 | breeding and production of race
horses, assisting economic | ||||||
16 | development , and promoting Illinois tourism.
The General | ||||||
17 | Assembly finds and declares it to be the public policy of the | ||||||
18 | State
of Illinois to:
| ||||||
19 | (a) support and enhance Illinois' horse racing industry, | ||||||
20 | which is a
significant
component within the agribusiness | ||||||
21 | industry;
| ||||||
22 | (b) ensure that Illinois' horse racing industry remains | ||||||
23 | competitive with
neighboring states;
| ||||||
24 | (c) stimulate growth within Illinois' horse racing |
| |||||||
| |||||||
1 | industry, thereby
encouraging
new investment and development | ||||||
2 | to produce additional tax revenues and to
create additional | ||||||
3 | jobs;
| ||||||
4 | (d) promote the further growth of tourism;
| ||||||
5 | (e) encourage the breeding of thoroughbred and | ||||||
6 | standardbred horses in this
State; and
| ||||||
7 | (f) ensure that public confidence and trust in the | ||||||
8 | credibility and integrity
of
racing operations and the | ||||||
9 | regulatory process is maintained.
| ||||||
10 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
11 | (230 ILCS 5/1.3)
| ||||||
12 | Sec. 1.3. Legislative findings.
| ||||||
13 | (a) The General Assembly finds that the Illinois gaming | ||||||
14 | industry is a single
industry consisting of horse racing , and | ||||||
15 | riverboat and casino gambling , and electronic gaming . Reports | ||||||
16 | issued by
the Economic and Fiscal Commission (now Commission on | ||||||
17 | Government Forecasting and Accountability) in 1992, 1994, and | ||||||
18 | 1998 have
found that horse racing and riverboat gambling:
| ||||||
19 | (1) "share many of the same characteristics" and are | ||||||
20 | "more alike than
different";
| ||||||
21 | (2) are planned events;
| ||||||
22 | (3) have similar odds of winning;
| ||||||
23 | (4) occur in similar settings; and
| ||||||
24 | (5) compete with each other for limited gaming dollars.
| ||||||
25 | (b) The General Assembly declares it to be the public |
| |||||||
| |||||||
1 | policy of this State
to ensure the viability of all both horse | ||||||
2 | racing and riverboat aspects of the
Illinois gaming industry.
| ||||||
3 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
4 | (230 ILCS 5/2.5 new)
| ||||||
5 | Sec. 2.5. Separation from Department of Revenue. On the | ||||||
6 | effective date of this amendatory Act of the 95th General | ||||||
7 | Assembly, all of the powers, duties, assets, liabilities, | ||||||
8 | employees, contracts, property, records, pending business, and | ||||||
9 | unexpended appropriations of the Department of Revenue related | ||||||
10 | to the administration and enforcement of this Act are | ||||||
11 | transferred to the Illinois Racing Board. | ||||||
12 | The status and rights of the transferred employees, and the | ||||||
13 | rights of the State of Illinois and its agencies, under the | ||||||
14 | Personnel Code and applicable collective bargaining agreements | ||||||
15 | or under any pension, retirement, or annuity plan are not | ||||||
16 | affected (except as provided in the Illinois Pension Code) by | ||||||
17 | that transfer or by any other provision of this amendatory Act | ||||||
18 | of the 95th General Assembly.
| ||||||
19 | (230 ILCS 5/3.071) (from Ch. 8, par. 37-3.071)
| ||||||
20 | Sec. 3.071. Inter-track wagering. "Inter-track Wagering" | ||||||
21 | means a legal wager on the outcome of a
simultaneously | ||||||
22 | televised
horse race taking place at an Illinois race track | ||||||
23 | placed or accepted at any
location authorized to accept wagers | ||||||
24 | under this Act, excluding the Illinois
race track at which that |
| |||||||
| |||||||
1 | horse race is being conducted , and advance deposit wagering | ||||||
2 | through an advance deposit wagering licensee .
| ||||||
3 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
4 | (230 ILCS 5/3.077)
| ||||||
5 | Sec. 3.077. Non-host licensee. "Non-host licensee" means a | ||||||
6 | licensee operating concurrently
with a host track , but does not | ||||||
7 | include an advance deposit wagering licensee .
| ||||||
8 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
9 | (230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
| ||||||
10 | Sec. 3.12. Pari-mutuel system of
wagering.
"Pari-mutuel | ||||||
11 | system of
wagering" means a form of wagering on the outcome of
| ||||||
12 | horse races in which
wagers are made in various
denominations | ||||||
13 | on a horse or horses
and
all wagers for each race are pooled | ||||||
14 | and held by a licensee
for distribution in a manner approved by | ||||||
15 | the Board. Wagers may be placed via any method or at any | ||||||
16 | location authorized under this Act.
| ||||||
17 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
18 | (230 ILCS 5/3.20)
| ||||||
19 | Sec. 3.20. Licensee.
"Licensee" means an individual | ||||||
20 | organization licensee, an
inter-track wagering licensee, an
or
| ||||||
21 | inter-track wagering location licensee , or an advance deposit | ||||||
22 | wagering licensee , as
the context of this Act requires.
| ||||||
23 | (Source: P.A. 89-16, eff. 5-30-95.)
|
| |||||||
| |||||||
1 | (230 ILCS 5/3.22)
| ||||||
2 | Sec. 3.22. Wagering facility.
"Wagering facility" means | ||||||
3 | any location at which a licensee , other than an advance deposit | ||||||
4 | wagering licensee,
may
accept or receive pari-mutuel wagers | ||||||
5 | under this Act.
| ||||||
6 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
7 | (230 ILCS 5/3.23)
| ||||||
8 | Sec. 3.23. Wagering.
"Wagering" means, collectively, the | ||||||
9 | pari-mutuel system of
wagering, inter-track wagering, and
| ||||||
10 | simulcast wagering , and advance deposit wagering .
| ||||||
11 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
12 | (230 ILCS 5/3.24 new)
| ||||||
13 | Sec. 3.24. Adjusted gross receipts. "Adjusted gross | ||||||
14 | receipts" means the gross receipts from
electronic gaming less | ||||||
15 | winnings paid to wagerers.
| ||||||
16 | (230 ILCS 5/3.25 new)
| ||||||
17 | Sec. 3.25. Electronic gaming. "Electronic gaming" means | ||||||
18 | slot machine gambling, video games of chance, and electronic | ||||||
19 | games as defined in the Illinois Gambling Act, that is | ||||||
20 | conducted at a
race track pursuant to an electronic gaming | ||||||
21 | license.
|
| |||||||
| |||||||
1 | (230 ILCS 5/3.26 new)
| ||||||
2 | Sec. 3.26. Electronic gaming license. "Electronic gaming | ||||||
3 | license" means a license to conduct
electronic gaming issued | ||||||
4 | under Section 56.
| ||||||
5 | (230 ILCS 5/3.27 new)
| ||||||
6 | Sec. 3.27. Electronic gaming facility. "Electronic gaming | ||||||
7 | facility" means that portion of an
organization licensee's race | ||||||
8 | track facility at which electronic gaming is
conducted.
| ||||||
9 | (230 ILCS 5/3.28 new)
| ||||||
10 | Sec. 3.28. Advance deposit wagering licensee. "Advance | ||||||
11 | deposit wagering licensee" means a person licensed by the Board | ||||||
12 | to conduct advance deposit wagering. An advance deposit | ||||||
13 | wagering licensee shall be an organization licensee or a person | ||||||
14 | or third party who contracts with an organization licensee in | ||||||
15 | order to conduct advance deposit wagering. | ||||||
16 | (230 ILCS 5/3.29 new)
| ||||||
17 | Sec. 3.29. Advance deposit wagering. "Advance deposit | ||||||
18 | wagering" means a method of pari-mutuel wagering in which an | ||||||
19 | individual may establish an account, deposit money into the | ||||||
20 | account, and use the account balance to pay for pari-mutuel | ||||||
21 | wagering authorized by this Act. An advance deposit wager may | ||||||
22 | be placed in person at a wagering facility or from any other | ||||||
23 | location via a telephone-type device or any other electronic |
| |||||||
| |||||||
1 | means. Any person who accepts an advance deposit wager who is | ||||||
2 | not licensed by the Board as an advance deposit wagering | ||||||
3 | licensee shall be considered in violation of this Act and the | ||||||
4 | Criminal Code of 1961. Any advance deposit wager placed in | ||||||
5 | person at a wagering facility shall be deemed to have been | ||||||
6 | placed at that wagering facility.
| ||||||
7 | (230 ILCS 5/4) (from Ch. 8, par. 37-4)
| ||||||
8 | Sec. 4. Until the effective date of this amendatory Act of | ||||||
9 | the 95th General Assembly, the The Board shall consist of 11 | ||||||
10 | members to be appointed by
the Governor
with the advice and | ||||||
11 | consent of the Senate, not more than 6 of
whom shall be of the
| ||||||
12 | same political party, and one of whom shall be designated by | ||||||
13 | the Governor
to be chairman.
| ||||||
14 | The new Board shall consist of 7 members appointed by the | ||||||
15 | Governor from nominations presented to the Governor by the | ||||||
16 | Nomination Panel and with the advice and consent of the Senate. | ||||||
17 | Notwithstanding any provision of this Section to the contrary, | ||||||
18 | the term of office of each member of the Board sitting on the | ||||||
19 | effective date of this amendatory Act of the 95th General | ||||||
20 | Assembly ends when all 7 members of the new Board are appointed | ||||||
21 | and qualified pursuant to this amendatory Act. | ||||||
22 | Each member shall have a reasonable knowledge of harness or | ||||||
23 | thoroughbred
racing practices
and procedure and of the | ||||||
24 | principles of harness or thoroughbred racing and
breeding and,
| ||||||
25 | at the time of his appointment, shall be a resident of the |
| |||||||
| |||||||
1 | State of Illinois
and shall have
resided therein for a period | ||||||
2 | of at least 5 years next preceding his appointment
and | ||||||
3 | qualification
and he shall be a qualified voter therein and not | ||||||
4 | less than 25 years of age. The Board should reflect the ethnic, | ||||||
5 | cultural, and geographic diversity of the State.
| ||||||
6 | (Source: P.A. 91-798, eff. 7-9-00.)
| ||||||
7 | (230 ILCS 5/5) (from Ch. 8, par. 37-5)
| ||||||
8 | Sec. 5. As soon as practicable following the effective date | ||||||
9 | of this
amendatory Act of 1995, the Governor shall appoint, | ||||||
10 | with the advice and consent
of the Senate, members to the Board | ||||||
11 | as follows: 3 members for terms expiring
July 1, 1996; 3 | ||||||
12 | members for terms expiring July 1, 1998; and 3 members for
| ||||||
13 | terms expiring July 1, 2000. Of the 2 additional members | ||||||
14 | appointed pursuant
to this amendatory Act of the 91st General | ||||||
15 | Assembly, the initial term of one
member shall expire on July | ||||||
16 | 1, 2002 and the initial term of the other member
shall expire | ||||||
17 | on July 1, 2004. Thereafter, the terms of office of the Board
| ||||||
18 | members shall be 6 years. Incumbent members on the effective | ||||||
19 | date of this
amendatory Act of 1995 shall continue to serve | ||||||
20 | only until their successors are
appointed and have qualified.
| ||||||
21 | The terms of office of the initial Board members appointed | ||||||
22 | pursuant to this amendatory Act of the 95th General Assembly | ||||||
23 | will commence from the effective date of this amendatory Act | ||||||
24 | and run as follows, to be determined by lot: one for a term | ||||||
25 | expiring July 1 of the year following confirmation, 2 for a |
| |||||||
| |||||||
1 | term expiring July 1 two years following confirmation, 2 for a | ||||||
2 | term expiring July 1 three years following confirmation, and 2 | ||||||
3 | for a term expiring July 1 four years following confirmation. | ||||||
4 | Upon the expiration of the foregoing terms, the successors of | ||||||
5 | such members shall serve a term of 4 years and until their | ||||||
6 | successors are appointed and qualified for like terms. | ||||||
7 | Each member of the Board shall receive $300 per day for | ||||||
8 | each day the Board
meets and for each day the member conducts a | ||||||
9 | hearing pursuant to Section 16 of
this Act, provided that no | ||||||
10 | Board member shall receive more than $5,000 in
such fees during | ||||||
11 | any calendar year, or an amount set by the Compensation Review
| ||||||
12 | Board, whichever is greater. Members of the Board shall
also be | ||||||
13 | reimbursed for all actual and necessary expenses and | ||||||
14 | disbursements
incurred in the
execution of their official | ||||||
15 | duties.
| ||||||
16 | (Source: P.A. 91-357, eff. 7-29-99; 91-798, eff. 7-9-00.)
| ||||||
17 | (230 ILCS 5/6) (from Ch. 8, par. 37-6)
| ||||||
18 | Sec. 6. Restrictions on Board members. | ||||||
19 | (a) No person shall be appointed a member of the Board or | ||||||
20 | continue to be a member of the Board if the person or any | ||||||
21 | member of their immediate family is a member of the Board of | ||||||
22 | Directors, employee, or financially interested in any of the | ||||||
23 | following: (i) any licensee or other person who has applied for | ||||||
24 | racing dates to the Board, or the operations thereof including, | ||||||
25 | but not limited to, concessions, data processing, track |
| |||||||
| |||||||
1 | maintenance, track security and pari mutuel operations, | ||||||
2 | located, scheduled or doing business within the State of | ||||||
3 | Illinois, (ii) any licensee or other person in any race horse | ||||||
4 | competing at a meeting under the Board's jurisdiction, or (iii) | ||||||
5 | any licensee under the Illinois Gambling Act. No person shall | ||||||
6 | be appointed a member of the Board or continue
to be
a member | ||||||
7 | of the Board who is (or any member of whose family is) a member | ||||||
8 | of the
Board of Directors of, or who is a person financially | ||||||
9 | interested in, any
licensee or other person who has applied for | ||||||
10 | racing dates to the
Board, or the operations thereof including, | ||||||
11 | but not
limited to, concessions, data
processing, track | ||||||
12 | maintenance, track security and pari-mutuel operations,
| ||||||
13 | located, scheduled
or doing business within the State of | ||||||
14 | Illinois, or in any race horse competing
at a meeting
under the | ||||||
15 | Board's jurisdiction. No Board member shall hold any other | ||||||
16 | public
office for which he
shall receive compensation other | ||||||
17 | than necessary travel or other incidental
expenses.
| ||||||
18 | (b) No person shall be a member of the Board who is not of | ||||||
19 | good moral
character or who
has been convicted of, or is under | ||||||
20 | indictment for, a felony under the laws
of Illinois or any
| ||||||
21 | other state, or the United States.
| ||||||
22 | (c) No member of the Board or employee shall engage in any | ||||||
23 | political activity. For the purposes of this Section, | ||||||
24 | "political" means any activity in support of or in connection | ||||||
25 | with any campaign for State or local elective office or any | ||||||
26 | political organization, but does not include activities (i) |
| |||||||
| |||||||
1 | relating to the support or opposition of any executive, | ||||||
2 | legislative, or administrative action (as those terms are | ||||||
3 | defined in Section 2 of the Lobbyist Registration Act), (ii) | ||||||
4 | relating to collective bargaining, or (iii) that are otherwise | ||||||
5 | in furtherance of the person's official State duties or | ||||||
6 | governmental and public service functions. | ||||||
7 | (d) Board members and employees may not engage in | ||||||
8 | communications or any activity that may cause or have the | ||||||
9 | appearance of causing a conflict of interest. A conflict of | ||||||
10 | interest exists if a situation influences or creates the | ||||||
11 | appearance that it may influence judgment or performance of | ||||||
12 | regulatory duties and responsibilities. This prohibition shall | ||||||
13 | extend to any act identified by Board action that, in the | ||||||
14 | judgment of the Board, could represent the potential for or the | ||||||
15 | appearance of a conflict of interest. | ||||||
16 | (e) Board members and employees may not accept any gift, | ||||||
17 | gratuity, service, compensation, travel, lodging, or thing of | ||||||
18 | value, with the exception of unsolicited items of an incidental | ||||||
19 | nature, from any person, corporation, or entity doing business | ||||||
20 | with the Board. | ||||||
21 | (f) A Board member or employee shall not use or attempt to | ||||||
22 | use his or her official position to secure, or attempt to | ||||||
23 | secure, any privilege, advantage, favor, or influence for | ||||||
24 | himself or herself or others. No Board member or employee of | ||||||
25 | the Board may attempt, in any way, to influence any person or | ||||||
26 | corporation doing business with the Authority or any officer, |
| |||||||
| |||||||
1 | agent, or employee thereof to hire or contract with any person | ||||||
2 | or corporation for any compensated work. | ||||||
3 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
4 | (230 ILCS 5/6.5 new)
| ||||||
5 | Sec. 6.5. Ex parte communications. | ||||||
6 | (a) For the purpose of this Section: | ||||||
7 | "Ex parte communication" means any written or oral | ||||||
8 | communication by any person that imparts or requests material | ||||||
9 | information or makes a material argument regarding potential | ||||||
10 | action concerning regulatory, quasi regulatory, investment, or | ||||||
11 | licensing matters pending before or under consideration by the | ||||||
12 | Illinois Racing Board. "Ex parte communication" does not | ||||||
13 | include the following: (i) statements by a person publicly made | ||||||
14 | in a public forum; (ii) statements regarding matters of | ||||||
15 | procedure and practice, such as format, the number of copies | ||||||
16 | required, the manner of filing, and the status of a matter; | ||||||
17 | (iii) statements regarding recommendation for pending or | ||||||
18 | approved legislation; (iv) statements made by a State employee | ||||||
19 | of the agency to the agency head or other employees of that | ||||||
20 | agency. | ||||||
21 | "Ex parte communication" does not include conversations | ||||||
22 | concerning qualifications to serve on the Board between members | ||||||
23 | of the Senate and nonmembers for the Board that occur in the | ||||||
24 | time period between nomination by the Governor and either | ||||||
25 | confirmation or rejection by the Senate. |
| |||||||
| |||||||
1 | "Interested party" means a person or entity whose rights, | ||||||
2 | privileges, or interests are the subject of or are directly | ||||||
3 | affected by a regulatory, quasi-adjudicatory, investment, or | ||||||
4 | licensing matter of the Board. | ||||||
5 | (b) A constitutional officer, a member of the General | ||||||
6 | Assembly, a special government agent as that term is defined in | ||||||
7 | Section 4A-101 of the Illinois Governmental Ethics Act, a | ||||||
8 | director, secretary, or other employee of the executive branch | ||||||
9 | of the State, an employee of the legislative branch of the | ||||||
10 | State, or an interested party may not engage in any ex parte | ||||||
11 | communication with a member of the Board or an employee. A | ||||||
12 | member of the Board or an employee must immediately report any | ||||||
13 | ex parte communication to the Board's Ethics Officer. A | ||||||
14 | violation of this subsection (b) is a Class 4 felony. | ||||||
15 | (c) A constitutional officer, a member of the General | ||||||
16 | Assembly, a special government agent as that term is defined in | ||||||
17 | Section 4A-101 of the Illinois Governmental Ethics Act, a | ||||||
18 | director, secretary, or other employee of the executive branch | ||||||
19 | of the State, an employee of the legislative branch of the | ||||||
20 | State, or an interested party may not engage in any ex parte | ||||||
21 | communication with a nominee for a position on the Board. A | ||||||
22 | person is deemed a nominee once he or she has submitted | ||||||
23 | information to the Nomination Panel. A nominee must immediately | ||||||
24 | report any ex parte communication to the Board's Ethics | ||||||
25 | Officer. A violation of this subsection (c) is a Class 4 | ||||||
26 | felony. |
| |||||||
| |||||||
1 | (d) Notwithstanding any provision of this Section, if a | ||||||
2 | State constitutional officer or member of the General Assembly | ||||||
3 | or his or her designee determines that potential or actual | ||||||
4 | Illinois Gaming Board, Illinois Racing Board, or Director of | ||||||
5 | Gaming Enforcement business would affect the health, safety, | ||||||
6 | and welfare of the people of the State of Illinois, then the | ||||||
7 | State constitutional officer or member of the General Assembly | ||||||
8 | may submit questions or comments by written medium to the | ||||||
9 | Chairman of the Illinois Gaming Board, Chairman of the Illinois | ||||||
10 | Racing Board, and Director of Gaming Enforcement. Upon receipt | ||||||
11 | of the message or question, the Chairman or Director shall | ||||||
12 | submit the message or question to the entire board for | ||||||
13 | consideration.
| ||||||
14 | (230 ILCS 5/7) (from Ch. 8, par. 37-7)
| ||||||
15 | Sec. 7. Vacancies in the Board shall be filled for the | ||||||
16 | unexpired term
in like manner as original appointments. Each | ||||||
17 | member of the Board shall be
eligible for reappointment , | ||||||
18 | subject to the nomination process of the Nomination Panel, by | ||||||
19 | in the discretion of the Governor with
the advice and consent | ||||||
20 | of
the Senate.
| ||||||
21 | (Source: P.A. 79-1185.)
| ||||||
22 | (230 ILCS 5/9)
(from Ch. 8, par. 37-9)
| ||||||
23 | Sec. 9. The Board shall have all powers necessary and | ||||||
24 | proper to fully and
effectively execute the provisions of this |
| |||||||
| |||||||
1 | Act, including, but not
limited to, the following:
| ||||||
2 | (a) The Board is vested with jurisdiction and supervision | ||||||
3 | over all race
meetings in this State, over all licensees doing | ||||||
4 | business in this
State, over all occupation licensees, and over | ||||||
5 | all persons on the
facilities of any licensee. Such | ||||||
6 | jurisdiction shall
include the power to issue licenses to the | ||||||
7 | Illinois Department of
Agriculture authorizing the pari-mutuel | ||||||
8 | system of wagering
on harness and Quarter Horse races held (1) | ||||||
9 | at the Illinois State Fair in
Sangamon County, and (2) at the | ||||||
10 | DuQuoin State Fair in Perry County. The
jurisdiction of the | ||||||
11 | Board shall also include the power to issue licenses to
county | ||||||
12 | fairs which are eligible to receive funds pursuant to the
| ||||||
13 | Agricultural Fair Act, as now or hereafter amended, or their | ||||||
14 | agents,
authorizing the pari-mutuel system of wagering on horse
| ||||||
15 | races
conducted at the county fairs receiving such licenses. | ||||||
16 | Such licenses shall be
governed by subsection (n) of this | ||||||
17 | Section.
| ||||||
18 | Upon application, the Board shall issue a license to the | ||||||
19 | Illinois Department
of Agriculture to conduct harness and | ||||||
20 | Quarter Horse races at the Illinois State
Fair and at the | ||||||
21 | DuQuoin State Fairgrounds
during the scheduled dates of each | ||||||
22 | fair. The Board shall not require and the
Department of | ||||||
23 | Agriculture shall be exempt from the requirements of Sections
| ||||||
24 | 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), | ||||||
25 | (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 | ||||||
26 | and 25. The Board and the Department
of
Agriculture may extend |
| |||||||
| |||||||
1 | any or all of these exemptions to any contractor or
agent | ||||||
2 | engaged by the Department of Agriculture to conduct its race | ||||||
3 | meetings
when the Board determines that this would best serve | ||||||
4 | the public interest and
the interest of horse racing.
| ||||||
5 | Notwithstanding any provision of law to the contrary, it | ||||||
6 | shall be lawful for
any licensee to operate pari-mutuel | ||||||
7 | wagering
or
contract with the Department of Agriculture to | ||||||
8 | operate pari-mutuel wagering at
the DuQuoin State Fairgrounds | ||||||
9 | or for the Department to enter into contracts
with a licensee, | ||||||
10 | employ its owners,
employees
or
agents and employ such other | ||||||
11 | occupation licensees as the Department deems
necessary in | ||||||
12 | connection with race meetings and wagerings.
| ||||||
13 | (b) The Board is vested with the full power to promulgate | ||||||
14 | reasonable
rules and regulations for the purpose of | ||||||
15 | administering the provisions of
this Act and to prescribe | ||||||
16 | reasonable rules, regulations and conditions
under which all | ||||||
17 | horse race meetings or wagering in the State shall be
| ||||||
18 | conducted. Such reasonable rules and regulations are to provide | ||||||
19 | for the
prevention of practices detrimental to the public | ||||||
20 | interest and to promote the best
interests of horse racing and | ||||||
21 | to impose penalties for violations thereof.
| ||||||
22 | (c) The Board, and any person or persons to whom it | ||||||
23 | delegates
this power, is vested with the power to enter the | ||||||
24 | facilities and other places of business of any licensee to | ||||||
25 | determine whether there has been compliance with
the provisions | ||||||
26 | of this Act and its rules and regulations.
|
| |||||||
| |||||||
1 | (d) The Board, and any person or persons to whom it | ||||||
2 | delegates this
power, is vested with the authority to | ||||||
3 | investigate alleged violations of
the provisions of this Act, | ||||||
4 | its reasonable rules and regulations, orders
and final | ||||||
5 | decisions; the Board shall take appropriate disciplinary | ||||||
6 | action
against any licensee or occupation licensee for | ||||||
7 | violation
thereof or
institute appropriate legal action for the | ||||||
8 | enforcement thereof.
| ||||||
9 | (e) The Board , the Office of Gaming Enforcement , and any | ||||||
10 | person or persons to whom it delegates this power ,
may eject or | ||||||
11 | exclude from any race meeting or the facilities of any | ||||||
12 | licensee,
or any part thereof, any occupation licensee or any | ||||||
13 | other individual whose
conduct or reputation is such that his | ||||||
14 | or her presence on those facilities may, in the
opinion of the | ||||||
15 | Board, call into question the honesty and integrity of horse
| ||||||
16 | racing or wagering or interfere with the orderly conduct of | ||||||
17 | horse racing or
wagering; provided, however, that no person | ||||||
18 | shall be excluded or ejected from
the facilities of any | ||||||
19 | licensee solely on the grounds of race, color, creed,
national | ||||||
20 | origin, ancestry, or sex. The power to eject or exclude an | ||||||
21 | occupation
licensee or other individual may be exercised for | ||||||
22 | just cause by the licensee , or
the Board, or the Office of | ||||||
23 | Gaming Enforcement, subject to subsequent hearing by the Board | ||||||
24 | as to the propriety of
said exclusion.
| ||||||
25 | (f) The Board is vested with the power to acquire, | ||||||
26 | establish, maintain and
operate (or provide by contract to |
| |||||||
| |||||||
1 | maintain and operate) testing laboratories
and related | ||||||
2 | facilities, for the purpose of conducting saliva, blood, urine | ||||||
3 | and
other tests on the horses run or to be run in any horse race | ||||||
4 | meeting and to purchase all equipment and
supplies deemed | ||||||
5 | necessary or desirable in connection with any such testing
| ||||||
6 | laboratories and related facilities and all such tests.
| ||||||
7 | (f-5) The Department of Agriculture is vested with the | ||||||
8 | power to acquire, establish, maintain, and operate (or provide | ||||||
9 | by contract to maintain and operate) testing laboratories and | ||||||
10 | related facilities for the purpose of conducting saliva, blood, | ||||||
11 | urine, and other tests on the horses run or to be run in any | ||||||
12 | county fair horse race meeting and of purchasing all equipment | ||||||
13 | and supplies deemed necessary or desirable in connection with | ||||||
14 | any such testing laboratories and related facilities and all | ||||||
15 | such tests in any county fair horse race.
| ||||||
16 | (g) The Board may require that the records, including | ||||||
17 | financial or other
statements of any licensee or any person | ||||||
18 | affiliated with the licensee who is
involved directly or | ||||||
19 | indirectly in the activities of any licensee as regulated
under | ||||||
20 | this Act to the extent that those financial or other statements | ||||||
21 | relate to
such activities be kept in
such manner as prescribed | ||||||
22 | by the Board, and that Board employees shall have
access to | ||||||
23 | those records during reasonable business
hours. Within 120 days | ||||||
24 | of the end of its fiscal year, each licensee shall
transmit to
| ||||||
25 | the Board
an audit of the financial transactions and condition | ||||||
26 | of the licensee's total
operations. All audits shall be |
| |||||||
| |||||||
1 | conducted by certified public accountants.
Each certified | ||||||
2 | public accountant must be registered in the State of Illinois
| ||||||
3 | under the Illinois Public Accounting Act. The compensation for | ||||||
4 | each certified
public accountant shall be paid directly by the | ||||||
5 | licensee to the certified
public accountant. A licensee shall | ||||||
6 | also submit any other financial or related
information the | ||||||
7 | Board deems necessary to effectively administer this Act and
| ||||||
8 | all rules, regulations, and final decisions promulgated under | ||||||
9 | this Act.
| ||||||
10 | (h) The Board shall name and appoint in the manner provided | ||||||
11 | by the rules
and regulations of the Board: an Executive | ||||||
12 | Director; a State director
of mutuels; State veterinarians and | ||||||
13 | representatives to take saliva, blood,
urine and other tests on | ||||||
14 | horses; licensing personnel; revenue
inspectors; and State | ||||||
15 | seasonal employees (excluding admission ticket
sellers and | ||||||
16 | mutuel clerks). All of those named and appointed as provided
in | ||||||
17 | this subsection shall serve during the pleasure of the Board; | ||||||
18 | their
compensation shall be determined by the Board and be paid | ||||||
19 | in the same
manner as other employees of the Board under this | ||||||
20 | Act.
| ||||||
21 | (i) The Board shall require that there shall be 3 stewards | ||||||
22 | at each horse
race meeting, at least 2 of whom shall be named | ||||||
23 | and appointed by the Board.
Stewards appointed or approved by | ||||||
24 | the Board, while performing duties
required by this Act or by | ||||||
25 | the Board, shall be entitled to the same rights
and immunities | ||||||
26 | as granted to Board members and Board employees in Section
10 |
| |||||||
| |||||||
1 | of this Act.
| ||||||
2 | (j) The Board may discharge any Board employee
who fails or | ||||||
3 | refuses for any reason to comply with the rules and
regulations | ||||||
4 | of the Board, or who, in the opinion of the Board,
is guilty of | ||||||
5 | fraud, dishonesty or who is proven to be incompetent.
The Board | ||||||
6 | shall have no right or power to determine who shall be | ||||||
7 | officers,
directors or employees of any licensee, or their | ||||||
8 | salaries
except the Board may, by rule, require that all or any | ||||||
9 | officials or
employees in charge of or whose duties relate to | ||||||
10 | the actual running of
races be approved by the Board.
| ||||||
11 | (k) The Board is vested with the power to appoint
delegates | ||||||
12 | to execute any of the powers granted to it under this Section
| ||||||
13 | for the purpose of administering this Act and any rules or | ||||||
14 | regulations
promulgated in accordance with this Act.
| ||||||
15 | (l) The Board is vested with the power to impose civil | ||||||
16 | penalties of up to
$5,000 against an individual and up to | ||||||
17 | $10,000 against a
licensee for each
violation of any provision | ||||||
18 | of this Act, any rules adopted by the Board, any
order of the | ||||||
19 | Board or any other action which, in the Board's discretion, is
| ||||||
20 | a detriment or impediment to horse racing or wagering.
| ||||||
21 | (m) The Board is vested with the power to prescribe a form | ||||||
22 | to be used
by licensees as an application for employment for | ||||||
23 | employees of
each licensee.
| ||||||
24 | (n) The Board shall have the power to issue a license
to | ||||||
25 | any county fair, or its
agent, authorizing the conduct of the | ||||||
26 | pari-mutuel system of
wagering. The Board is vested with the |
| |||||||
| |||||||
1 | full power to promulgate
reasonable rules, regulations and | ||||||
2 | conditions under which all horse race
meetings licensed | ||||||
3 | pursuant to this subsection shall be held and conducted,
| ||||||
4 | including rules, regulations and conditions for the conduct of | ||||||
5 | the
pari-mutuel system of wagering. The rules, regulations and
| ||||||
6 | conditions shall provide for the prevention of practices | ||||||
7 | detrimental to the
public interest and for the best interests | ||||||
8 | of horse racing, and shall
prescribe penalties for violations | ||||||
9 | thereof. Any authority granted the
Board under this Act shall | ||||||
10 | extend to its jurisdiction and supervision over
county fairs, | ||||||
11 | or their agents, licensed pursuant to this subsection.
However, | ||||||
12 | the Board may waive any provision of this Act or its rules or
| ||||||
13 | regulations which would otherwise apply to such county fairs or | ||||||
14 | their agents.
| ||||||
15 | (o) Whenever the Board is authorized or
required by law to | ||||||
16 | consider some aspect of criminal history record
information for | ||||||
17 | the purpose of carrying out its statutory powers and
| ||||||
18 | responsibilities, then, upon request and payment of fees in | ||||||
19 | conformance
with the requirements of Section 2605-400 of
the | ||||||
20 | Department of State Police Law (20 ILCS 2605/2605-400), the | ||||||
21 | Department of State Police is
authorized to furnish, pursuant | ||||||
22 | to positive identification, such
information contained in | ||||||
23 | State files as is necessary to fulfill the request.
| ||||||
24 | (p) To insure the convenience, comfort, and wagering | ||||||
25 | accessibility of
race track patrons, to provide for the | ||||||
26 | maximization of State revenue, and
to generate increases in |
| |||||||
| |||||||
1 | purse allotments to the horsemen, the Board shall
require any | ||||||
2 | licensee to staff the pari-mutuel department with
adequate | ||||||
3 | personnel.
| ||||||
4 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
5 | (230 ILCS 5/12.5 new)
| ||||||
6 | Sec. 12.5. Contractor disclosure of political | ||||||
7 | contributions. | ||||||
8 | (a) As used in this Section: | ||||||
9 | "Contracts" means any agreement for services or goods for a | ||||||
10 | period to exceed one year or with an annual value of at least | ||||||
11 | $10,000. | ||||||
12 | "Contribution" means contribution as defined in this Act. | ||||||
13 | "Affiliated person" means (i) any person with any ownership | ||||||
14 | interest or distributive share of the bidding or contracting | ||||||
15 | entity in excess of 1%, (ii) executive employees of the bidding | ||||||
16 | or contracting entity, and (iii) the spouse and minor children | ||||||
17 | of any such persons. | ||||||
18 | "Affiliated entity" means (i) any parent or subsidiary of | ||||||
19 | the bidding or contracting entity, (ii) any member of the same | ||||||
20 | unitary business group, or (iii) any political committee for | ||||||
21 | which the bidding or contracting entity is the sponsoring | ||||||
22 | entity. | ||||||
23 | (b) A bidder, respondent, offeror, or contractor for | ||||||
24 | contracts with a licensee shall disclose all political | ||||||
25 | contributions of the bidder, respondent, offeror, or |
| |||||||
| |||||||
1 | contractor and any affiliated person or entity. Such disclosure | ||||||
2 | must accompany any contract. The disclosure must be submitted | ||||||
3 | to the Board with a copy of the contract prior to Board | ||||||
4 | approval of the contract. The disclosure of each successful | ||||||
5 | bidder, respondent, or offeror shall become part of the | ||||||
6 | publicly available record. | ||||||
7 | (c) Disclosure by the bidder, respondent, offeror, or | ||||||
8 | contractor shall include at least the names and addresses of | ||||||
9 | the contributors and the dollar amounts of any contributions to | ||||||
10 | any political committee made within the previous 2 years. | ||||||
11 | (d) The Board shall refuse to approve any contract that | ||||||
12 | does not include the required disclosure. The Board must | ||||||
13 | include the disclosure on its website.
| ||||||
14 | (230 ILCS 5/20)
(from Ch. 8, par. 37-20)
| ||||||
15 | Sec. 20. (a) Any person desiring to conduct a horse race | ||||||
16 | meeting may
apply to the Board for an organization license. The | ||||||
17 | application shall be
made on a form prescribed and furnished by | ||||||
18 | the Board. The application shall
specify:
| ||||||
19 | (1) the dates on which
it intends to conduct the horse | ||||||
20 | race meeting, which
dates shall be provided
under Section | ||||||
21 | 21;
| ||||||
22 | (2) the hours of each racing day between which it | ||||||
23 | intends to
hold or
conduct horse racing at such meeting;
| ||||||
24 | (3) the location where it proposes to conduct the
| ||||||
25 | meeting; and
|
| |||||||
| |||||||
1 | (4) any other information the Board may reasonably | ||||||
2 | require.
| ||||||
3 | (b) A separate application for an organization license | ||||||
4 | shall be filed
for each horse race meeting
which such person | ||||||
5 | proposes to hold. Any such application, if made by an
| ||||||
6 | individual, or by any individual as trustee, shall be
signed | ||||||
7 | and verified under oath by such individual. If
made by | ||||||
8 | individuals or a partnership, it shall be signed and
verified | ||||||
9 | under oath by at least 2 of such individuals or members of such
| ||||||
10 | partnership as the case may be. If made by an association, | ||||||
11 | corporation,
corporate trustee or any other entity, it shall be | ||||||
12 | signed by the president
and attested by the secretary or | ||||||
13 | assistant secretary under the seal
of such association, trust | ||||||
14 | or corporation if it has a seal, and shall
also be verified | ||||||
15 | under oath by one of the signing officers.
| ||||||
16 | (c) The application shall specify the name of the
persons, | ||||||
17 | association, trust, or corporation making such application and | ||||||
18 | the
post office address of the applicant; if the applicant is a | ||||||
19 | trustee, the
names and addresses of the beneficiaries; if a | ||||||
20 | corporation, the names and
post office addresses of all | ||||||
21 | officers, stockholders and directors; or if
such
stockholders | ||||||
22 | hold stock as a nominee or fiduciary, the names and post
office | ||||||
23 | addresses of these persons, partnerships, corporations, or | ||||||
24 | trusts
who are the beneficial owners thereof or who are | ||||||
25 | beneficially interested
therein; and if a partnership, the | ||||||
26 | names and post office addresses of all
partners, general or |
| |||||||
| |||||||
1 | limited; if the applicant is a corporation, the name
of the | ||||||
2 | state of its incorporation shall be specified.
| ||||||
3 | (d) The applicant shall execute and file with the Board a | ||||||
4 | good faith
affirmative action plan to recruit, train, and | ||||||
5 | upgrade minorities in all
classifications within the | ||||||
6 | association.
| ||||||
7 | (e) With such application there shall be delivered to the | ||||||
8 | Board a certified
check or bank draft payable to the order of | ||||||
9 | the Board for an amount equal to
$1,000. All applications for | ||||||
10 | the issuance of an organization license shall be
filed with the | ||||||
11 | Board before August 1 of the year prior to the year for which
| ||||||
12 | application is made and shall be acted upon by the Board at a | ||||||
13 | meeting to be
held on such date as shall be fixed by the Board | ||||||
14 | during the last 15 days of
September of such prior year. At | ||||||
15 | such meeting, the Board shall announce the
award of the racing | ||||||
16 | meets, live racing schedule, and designation of host track
to | ||||||
17 | the applicants and its approval or disapproval of each | ||||||
18 | application. No
announcement shall be considered binding until | ||||||
19 | a formal order is executed by
the Board, which shall be | ||||||
20 | executed no later than October 15 of that prior year.
Absent | ||||||
21 | the agreement of the affected organization licensees, the Board | ||||||
22 | shall
not grant overlapping race meetings to 2 or more tracks | ||||||
23 | that are within 100
miles of each other to conduct the | ||||||
24 | thoroughbred racing.
| ||||||
25 | (e-1) In awarding racing dates for calendar year 2008 and | ||||||
26 | thereafter, the
Board
shall award at least 625 racing days. In |
| |||||||
| |||||||
1 | awarding racing dates
under this subsection (e-1), the Board | ||||||
2 | shall have the discretion to allocate
those racing dates among | ||||||
3 | organization licensees. Of the total racing days awarded, the | ||||||
4 | Board must reserve an amount of racing days to standardbred | ||||||
5 | races in an amount equal to 90% of the amount of days awarded | ||||||
6 | to standardbred races in calendar year 2005. Each racing day | ||||||
7 | awarded for standardbred races must be comprised of at least 12 | ||||||
8 | races, with not less than 8 horses competing per race.
| ||||||
9 | (e-2) In each county in which an organization licensee is | ||||||
10 | located, the Board shall award a minimum total of 25 | ||||||
11 | standardbred racing
dates to one or more organization | ||||||
12 | licensees.
| ||||||
13 | (e-3) The Board may waive the requirements of subsection | ||||||
14 | (e-1) only if a lesser schedule of live racing is appropriate | ||||||
15 | because of (A) weather or unsafe track conditions due to acts | ||||||
16 | of God; (B)
an agreement between the organization licensee and | ||||||
17 | the associations
representing the
largest number of owners, | ||||||
18 | trainers, jockeys, or standardbred drivers who race
horses at
| ||||||
19 | that organization licensee's racing meeting; or (C) a finding | ||||||
20 | by the Board of
extraordinary circumstances and that it was in | ||||||
21 | the best interest of the public
and the sport to conduct fewer | ||||||
22 | days of live racing. | ||||||
23 | (e-4) For each calendar year after 2007 in which an | ||||||
24 | electronic gaming licensee
requests a number of racing days | ||||||
25 | under its organization license that is less
than 90% of the | ||||||
26 | number of days of live racing it was awarded in 2007, the
|
| |||||||
| |||||||
1 | electronic gaming licensee may not conduct electronic gaming. | ||||||
2 | (e-5) In reviewing an application for the purpose of | ||||||
3 | granting an
organization license consistent with
the best | ||||||
4 | interests of the public and the
sport of horse racing, the | ||||||
5 | Board shall consider:
| ||||||
6 | (1) the character, reputation, experience, and | ||||||
7 | financial integrity of the
applicant and of any other | ||||||
8 | separate person that either:
| ||||||
9 | (i) controls the applicant, directly or | ||||||
10 | indirectly, or
| ||||||
11 | (ii) is controlled, directly or indirectly, by | ||||||
12 | that applicant or by a
person who controls, directly or | ||||||
13 | indirectly, that applicant;
| ||||||
14 | (2) the applicant's facilities or proposed facilities | ||||||
15 | for conducting
horse
racing;
| ||||||
16 | (3) the total revenue without regard to Section 32.1 to | ||||||
17 | be derived by
the State and horsemen from the applicant's
| ||||||
18 | conducting a race meeting;
| ||||||
19 | (4) the applicant's good faith affirmative action plan | ||||||
20 | to recruit, train,
and upgrade minorities in all employment | ||||||
21 | classifications;
| ||||||
22 | (5) the applicant's financial ability to purchase and | ||||||
23 | maintain adequate
liability and casualty insurance;
| ||||||
24 | (6) the applicant's proposed and prior year's | ||||||
25 | promotional and marketing
activities and expenditures of | ||||||
26 | the applicant associated with those activities;
|
| |||||||
| |||||||
1 | (7) an agreement, if any, among organization licensees | ||||||
2 | as provided in
subsection (b) of Section 21 of this Act; | ||||||
3 | and
| ||||||
4 | (8) the extent to which the applicant exceeds or meets | ||||||
5 | other standards for
the issuance of an organization license | ||||||
6 | that the Board shall adopt by rule.
| ||||||
7 | In granting organization licenses and allocating dates for | ||||||
8 | horse race
meetings, the Board shall have discretion to | ||||||
9 | determine an overall schedule,
including required simulcasts | ||||||
10 | of Illinois races by host tracks that will, in
its judgment, be | ||||||
11 | conducive to the best interests of the public and the sport of
| ||||||
12 | horse racing.
| ||||||
13 | (e-10) The Illinois Administrative Procedure Act shall | ||||||
14 | apply to
administrative procedures of the Board under this Act | ||||||
15 | for the granting of an
organization license, except that (1) | ||||||
16 | notwithstanding the provisions of
subsection (b) of Section | ||||||
17 | 10-40 of the Illinois Administrative Procedure Act
regarding | ||||||
18 | cross-examination, the
Board may prescribe rules limiting the | ||||||
19 | right of an applicant or participant in
any proceeding to award | ||||||
20 | an organization license to conduct cross-examination of
| ||||||
21 | witnesses at that proceeding where that cross-examination | ||||||
22 | would unduly obstruct
the timely award of an organization | ||||||
23 | license under subsection (e) of Section 20
of this Act; (2) the | ||||||
24 | provisions of Section 10-45 of the Illinois Administrative
| ||||||
25 | Procedure Act regarding proposals for decision are excluded | ||||||
26 | under this Act; (3)
notwithstanding the provisions of |
| |||||||
| |||||||
1 | subsection (a) of Section 10-60 of the
Illinois Administrative | ||||||
2 | Procedure Act regarding ex parte communications, the
Board may | ||||||
3 | prescribe rules allowing ex parte communications with | ||||||
4 | applicants or
participants in a proceeding to award an | ||||||
5 | organization license where conducting
those communications | ||||||
6 | would be in the best interest of racing, provided all
those | ||||||
7 | communications are made part of the record of that proceeding | ||||||
8 | pursuant
to subsection (c) of Section 10-60 of the Illinois | ||||||
9 | Administrative
Procedure Act; (4) the provisions of Section 14a | ||||||
10 | of this Act and the rules of
the Board promulgated under that | ||||||
11 | Section shall apply instead of the provisions
of Article 10 of | ||||||
12 | the Illinois Administrative Procedure Act regarding
| ||||||
13 | administrative law judges; and (5) the provisions of subsection | ||||||
14 | (d)
of Section 10-65 of the Illinois Administrative Procedure | ||||||
15 | Act that prevent
summary suspension of a license pending | ||||||
16 | revocation or other action shall not
apply.
| ||||||
17 | (f) The Board may allot racing dates to an organization | ||||||
18 | licensee for more
than one calendar year but for no more than 3 | ||||||
19 | successive calendar years in
advance, provided that the Board | ||||||
20 | shall review such allotment for more than
one calendar year | ||||||
21 | prior to each year for which such allotment has been
made. The | ||||||
22 | granting of an organization license to a person constitutes a
| ||||||
23 | privilege to conduct a horse race meeting under the provisions | ||||||
24 | of this Act, and
no person granted an organization license | ||||||
25 | shall be deemed to have a vested
interest, property right, or | ||||||
26 | future expectation to receive an organization
license in any |
| |||||||
| |||||||
1 | subsequent year as a result of the granting of an organization
| ||||||
2 | license. Organization licenses shall be subject to revocation | ||||||
3 | if the
organization licensee has violated any provision of this | ||||||
4 | Act
or the rules and regulations promulgated under this Act or | ||||||
5 | has been convicted
of a crime or has failed to disclose or has | ||||||
6 | stated falsely any information
called for in the application | ||||||
7 | for an organization license. Any
organization license | ||||||
8 | revocation
proceeding shall be in accordance with Section 16 | ||||||
9 | regarding suspension and
revocation of occupation licenses.
| ||||||
10 | (f-5) If, (i) an applicant does not file an acceptance of | ||||||
11 | the racing dates
awarded by the Board as required under part | ||||||
12 | (1) of subsection (h) of this
Section 20, or (ii) an | ||||||
13 | organization licensee has its license suspended or
revoked | ||||||
14 | under this Act, the Board, upon conducting an emergency hearing | ||||||
15 | as
provided for in this Act, may reaward on an emergency basis | ||||||
16 | pursuant to
rules established by the Board, racing dates not | ||||||
17 | accepted or the racing
dates
associated with any suspension or | ||||||
18 | revocation period to one or more organization
licensees, new | ||||||
19 | applicants, or any combination thereof, upon terms and
| ||||||
20 | conditions that the Board determines are in the best interest | ||||||
21 | of racing,
provided, the organization licensees or new | ||||||
22 | applicants receiving the awarded
racing dates file an | ||||||
23 | acceptance of those reawarded racing dates as
required under | ||||||
24 | paragraph (1) of subsection (h) of this Section 20 and comply
| ||||||
25 | with the other provisions of this Act. The Illinois | ||||||
26 | Administrative Procedures
Act shall not apply to the |
| |||||||
| |||||||
1 | administrative procedures of the Board in conducting
the | ||||||
2 | emergency hearing and the reallocation of racing dates on an | ||||||
3 | emergency
basis.
| ||||||
4 | (g) (Blank).
| ||||||
5 | (h) The Board shall send the applicant a copy of its | ||||||
6 | formally
executed order by certified mail addressed to the | ||||||
7 | applicant at the
address stated in his application, which | ||||||
8 | notice shall be mailed within 5 days
of the date the formal | ||||||
9 | order is executed.
| ||||||
10 | Each applicant notified shall, within 10 days after receipt | ||||||
11 | of the
final executed order of the Board awarding
racing dates:
| ||||||
12 | (1) file with the Board an acceptance of such
award in
| ||||||
13 | the form
prescribed by the Board;
| ||||||
14 | (2) pay to the Board an additional amount equal to $110 | ||||||
15 | for each
racing date awarded; and
| ||||||
16 | (3) file with the Board the bonds required in Sections | ||||||
17 | 21
and 25 at least
20 days prior to the first day of each | ||||||
18 | race meeting.
| ||||||
19 | Upon compliance with the provisions of paragraphs (1), (2), and | ||||||
20 | (3) of
this subsection (h), the applicant shall be issued an
| ||||||
21 | organization license.
| ||||||
22 | If any applicant fails to comply with this Section or fails
| ||||||
23 | to pay the organization license fees herein provided, no | ||||||
24 | organization
license shall be issued to such applicant.
| ||||||
25 | (Source: P.A. 91-40, eff. 6-25-99.)
|
| |||||||
| |||||||
1 | (230 ILCS 5/21.5 new)
| ||||||
2 | Sec. 21.5. License fees; deposit. Upon issuance or the | ||||||
3 | first renewal of an organization license after the effective | ||||||
4 | date of this amendatory Act of the 95th General Assembly, an | ||||||
5 | organization licensee shall deposit $100,000 into a fund held | ||||||
6 | by the Director of the Office of Gaming Enforcement separate | ||||||
7 | from State moneys. The moneys in the fund shall be used by the | ||||||
8 | Director of the Office of Gaming Enforcement for the purpose of | ||||||
9 | conducting any investigation concerning that licensee. Upon | ||||||
10 | each subsequent renewal of an organization license, the | ||||||
11 | organization licensee shall deposit the amount necessary to | ||||||
12 | bring the moneys in the fund attributable to that licensee to | ||||||
13 | $100,000.
| ||||||
14 | (230 ILCS 5/25) (from Ch. 8, par. 37-25)
| ||||||
15 | Sec. 25. Admission fee. | ||||||
16 | (a) There shall be paid to the Board at such time or times | ||||||
17 | as
it shall prescribe, the sum of fifteen cents (15¢) for each | ||||||
18 | person entering
the grounds or enclosure of each organization | ||||||
19 | licensee and
inter-track wagering licensee upon a ticket of | ||||||
20 | admission except as provided
in subsection (b) of this Section | ||||||
21 | and subsection (g) of Section 27 of this Act. If
tickets are | ||||||
22 | issued for more than one day then the sum of fifteen cents
| ||||||
23 | (15¢) shall be paid for each person using such ticket on each | ||||||
24 | day that the
same shall be used. Provided, however, that no | ||||||
25 | charge shall be made on
tickets of admission issued to and in |
| |||||||
| |||||||
1 | the name of directors, officers,
agents or employees of the | ||||||
2 | organization licensee, or inter-track wagering
licensee, or to | ||||||
3 | owners, trainers, jockeys,
drivers and their employees or to | ||||||
4 | any person or persons entering the
grounds or enclosure for the | ||||||
5 | transaction of business in connection with such
race meeting. | ||||||
6 | The organization licensee or inter-track wagering licensee
| ||||||
7 | may, if it desires, collect such amount from
each ticket holder | ||||||
8 | in addition to the amount or amounts charged for such
ticket of | ||||||
9 | admission.
| ||||||
10 | Accurate records and books shall at all times be kept and | ||||||
11 | maintained by
the organization licensees and inter-track | ||||||
12 | wagering licensees
showing the admission tickets issued and | ||||||
13 | used on each racing
day and the attendance thereat of each | ||||||
14 | horse racing meeting. The Board or
its duly authorized | ||||||
15 | representative or representatives shall at all
reasonable | ||||||
16 | times have access to the admission records of any organization
| ||||||
17 | licensee and inter-track wagering licensee for
the purpose of | ||||||
18 | examining and checking the same and ascertaining whether or
not | ||||||
19 | the proper amount has been or is being paid the State of | ||||||
20 | Illinois as
herein provided. The Board shall also require, | ||||||
21 | before issuing any license,
that the licensee shall execute and | ||||||
22 | deliver to it a bond, payable to the
State of Illinois, in such | ||||||
23 | sum as it shall determine, not, however, in
excess of fifty | ||||||
24 | thousand dollars ($50,000), with a surety or sureties to be
| ||||||
25 | approved by it, conditioned for the payment of all sums due and | ||||||
26 | payable or
collected by it under this Section upon admission |
| |||||||
| |||||||
1 | fees received for any
particular racing meetings. The Board may | ||||||
2 | also from time to time require sworn
statements of the number | ||||||
3 | or numbers of such admissions and may prescribe blanks
upon | ||||||
4 | which such reports shall be made. Any organization licensee or
| ||||||
5 | inter-track wagering licensee failing or
refusing to pay the | ||||||
6 | amount found to be due as herein provided, shall be
deemed | ||||||
7 | guilty of a business offense and upon conviction shall be | ||||||
8 | punished by a
fine of not more than five thousand dollars | ||||||
9 | ($5,000) in addition to the amount
due from such organization | ||||||
10 | licensee or inter-track wagering licensee as
herein provided. | ||||||
11 | All fines paid into court by an organization
licensee or | ||||||
12 | inter-track wagering licensee found guilty of violating this
| ||||||
13 | Section shall be transmitted and paid
over by the clerk of the | ||||||
14 | court to the Board.
| ||||||
15 | (b) A person who exits the grounds or enclosure of each | ||||||
16 | organization licensee and inter-track wagering licensee and | ||||||
17 | reenters such grounds or enclosure within the same day shall be | ||||||
18 | subject to only the initial admissions tax. | ||||||
19 | (Source: P.A. 88-495; 89-16, eff. 5-30-95.)
| ||||||
20 | (230 ILCS 5/26)
(from Ch. 8, par. 37-26)
| ||||||
21 | Sec. 26. Wagering.
| ||||||
22 | (a) Any licensee may conduct and supervise the pari-mutuel | ||||||
23 | system of
wagering, as defined in Section 3.12 of this Act, on | ||||||
24 | horse races conducted by
an Illinois organization licensee or | ||||||
25 | conducted at a racetrack located in
another state or country |
| |||||||
| |||||||
1 | and televised in Illinois in accordance with
subsection (g) of | ||||||
2 | Section 26 of this Act. Subject to the prior consent of the
| ||||||
3 | Board, licensees may supplement any pari-mutuel pool in order | ||||||
4 | to guarantee a
minimum distribution. Such pari-mutuel method of | ||||||
5 | wagering shall not, under any
circumstances if conducted under | ||||||
6 | the provisions of this Act, be held or
construed to be | ||||||
7 | unlawful, other statutes of this State to the contrary
| ||||||
8 | notwithstanding. Subject to rules for advance wagering | ||||||
9 | promulgated by the
Board, any licensee may accept wagers in | ||||||
10 | advance of the day of the race wagered
upon occurs.
| ||||||
11 | (b) Except as otherwise provided in Section 56, no other | ||||||
12 | method of
betting, pool making, wagering or gambling shall be | ||||||
13 | used or permitted by the
licensee. Each licensee may retain, | ||||||
14 | subject to the payment of all applicable
taxes and purses, an | ||||||
15 | amount not to exceed 17% of all money wagered under
subsection | ||||||
16 | (a) of this Section, except as may otherwise be permitted under | ||||||
17 | this
Act.
| ||||||
18 | (b-5) An individual may place a wager under the pari-mutuel | ||||||
19 | system from
any licensed location authorized under this Act | ||||||
20 | provided that wager is
electronically recorded in the manner | ||||||
21 | described in Section 3.12 of this Act.
Any wager made | ||||||
22 | electronically by an individual while physically on the | ||||||
23 | premises
of a licensee shall be deemed to have been made at the | ||||||
24 | premises of that
licensee.
| ||||||
25 | (c) Until January 1, 2000, the sum held by any licensee for | ||||||
26 | payment of
outstanding pari-mutuel tickets, if unclaimed prior |
| |||||||
| |||||||
1 | to December 31 of the
next year, shall be retained by the | ||||||
2 | licensee for payment of
such tickets until that date. Within 10 | ||||||
3 | days thereafter, the balance of
such sum remaining unclaimed, | ||||||
4 | less any uncashed supplements contributed by such
licensee for | ||||||
5 | the purpose of guaranteeing minimum distributions
of any | ||||||
6 | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| ||||||
7 | Rehabilitation Fund of the State treasury, except as provided | ||||||
8 | in subsection
(g) of Section 27 of this Act.
| ||||||
9 | (c-5) Beginning January 1, 2000, the sum held by any | ||||||
10 | licensee for payment
of
outstanding pari-mutuel tickets, if | ||||||
11 | unclaimed prior to December 31 of the
next year, shall be | ||||||
12 | retained by the licensee for payment of
such tickets until that | ||||||
13 | date ; except that the balance of the sum of all outstanding | ||||||
14 | pari-mutuel tickets generated from simulcast wagering by an | ||||||
15 | organization licensee located in Madison County or any licensee | ||||||
16 | that derives its license from that organization licensee shall | ||||||
17 | be evenly distributed between the organization licensee and the | ||||||
18 | purse account of the organization licensee. Additionally, the | ||||||
19 | balance of the sum of all outstanding pari-mutuel tickets | ||||||
20 | generated from inter-track wagering from an organization | ||||||
21 | licensee located in Madison County shall be evenly distributed | ||||||
22 | between the purse account of the organization licensee from | ||||||
23 | which the inter-track wagering licensee and the inter-track | ||||||
24 | wagering location licensee derive their licenses and the | ||||||
25 | organization licensee . Within 10 days thereafter, the balance | ||||||
26 | of
such sum remaining unclaimed, less any uncashed supplements |
| |||||||
| |||||||
1 | contributed by such
licensee for the purpose of guaranteeing | ||||||
2 | minimum distributions
of any pari-mutuel pool, shall be evenly | ||||||
3 | distributed to the purse account of
the organization licensee | ||||||
4 | and the organization licensee.
| ||||||
5 | (d) A pari-mutuel ticket shall be honored until December 31 | ||||||
6 | of the
next calendar year, and the licensee shall pay the same | ||||||
7 | and may
charge the amount thereof against unpaid money | ||||||
8 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
9 | presented for payment.
| ||||||
10 | (e) No licensee shall knowingly permit any minor, other
| ||||||
11 | than an employee of such licensee or an owner, trainer,
jockey, | ||||||
12 | driver, or employee thereof, to be admitted during a racing
| ||||||
13 | program unless accompanied by a parent or guardian, or any | ||||||
14 | minor to be a
patron of the pari-mutuel system of wagering | ||||||
15 | conducted or
supervised by it. The admission of any | ||||||
16 | unaccompanied minor, other than
an employee of the licensee or | ||||||
17 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
18 | race track is a Class C
misdemeanor.
| ||||||
19 | (f) Notwithstanding the other provisions of this Act, an
| ||||||
20 | organization licensee may contract
with an entity in another | ||||||
21 | state or country to permit any legal
wagering entity in another | ||||||
22 | state or country to accept wagers solely within
such other | ||||||
23 | state or country on races conducted by the organization | ||||||
24 | licensee
in this State.
Beginning January 1, 2000, these wagers
| ||||||
25 | shall not be subject to State
taxation. Until January 1, 2000,
| ||||||
26 | when the out-of-State entity conducts a pari-mutuel pool
|
| |||||||
| |||||||
1 | separate from the organization licensee, a privilege tax equal | ||||||
2 | to 7 1/2% of
all monies received by the organization licensee | ||||||
3 | from entities in other states
or countries pursuant to such | ||||||
4 | contracts is imposed on the organization
licensee, and such | ||||||
5 | privilege tax shall be remitted to the
Department of Revenue
| ||||||
6 | within 48 hours of receipt of the moneys from the simulcast. | ||||||
7 | When the
out-of-State entity conducts a
combined pari-mutuel | ||||||
8 | pool with the organization licensee, the tax shall be 10%
of | ||||||
9 | all monies received by the organization licensee with 25% of | ||||||
10 | the
receipts from this 10% tax to be distributed to the county
| ||||||
11 | in which the race was conducted.
| ||||||
12 | An organization licensee may permit one or more of its | ||||||
13 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
14 | locations in other states and may
transmit audio and visual | ||||||
15 | signals of races the organization licensee
conducts to one or
| ||||||
16 | more locations outside the State or country and may also permit | ||||||
17 | pari-mutuel
pools in other states or countries to be combined | ||||||
18 | with its gross or net
wagering pools or with wagering pools | ||||||
19 | established by other states.
| ||||||
20 | (g) A host track may accept interstate simulcast wagers on | ||||||
21 | horse
races conducted in other states or countries and shall | ||||||
22 | control the
number of signals and types of breeds of racing in | ||||||
23 | its simulcast program,
subject to the disapproval of the Board. | ||||||
24 | The Board may prohibit a simulcast
program only if it finds | ||||||
25 | that the simulcast program is clearly
adverse to the integrity | ||||||
26 | of racing. The host track
simulcast program shall
include the |
| |||||||
| |||||||
1 | signal of live racing of all organization licensees.
All | ||||||
2 | non-host licensees shall carry the host track simulcast program | ||||||
3 | and
accept wagers on all races included as part of the | ||||||
4 | simulcast
program upon which wagering is permitted.
The costs | ||||||
5 | and expenses
of the host track and non-host licensees | ||||||
6 | associated
with interstate simulcast
wagering, other than the | ||||||
7 | interstate
commission fee, shall be borne by the host track and | ||||||
8 | all
non-host licensees
incurring these costs.
The interstate | ||||||
9 | commission fee shall not exceed 5% of Illinois handle on the
| ||||||
10 | interstate simulcast race or races without prior approval of | ||||||
11 | the Board. The
Board shall promulgate rules under which it may | ||||||
12 | permit
interstate commission
fees in excess of 5%. The | ||||||
13 | interstate commission
fee and other fees charged by the sending | ||||||
14 | racetrack, including, but not
limited to, satellite decoder | ||||||
15 | fees, shall be uniformly applied
to the host track and all | ||||||
16 | non-host licensees.
| ||||||
17 | Notwithstanding any other provision of this Act and with | ||||||
18 | the consent of the horsemen association representing the | ||||||
19 | largest number of owners, trainers, jockeys, or standardbred | ||||||
20 | drivers who race horses at that organization licensee's racing | ||||||
21 | meeting, an organization licensee may maintain a system whereby | ||||||
22 | advance deposit wagering may take place or may contract with | ||||||
23 | another person to carry out a system of advance deposit | ||||||
24 | wagering. Any modifications or renegotiations to a contract | ||||||
25 | entered into under this subsection shall also be subject to the | ||||||
26 | consent of that horsemen association. All advance deposit |
| |||||||
| |||||||
1 | wagers placed from within Illinois must be placed through a | ||||||
2 | Board-approved advance deposit wagering licensee; no other | ||||||
3 | entity may accept an advance deposit wager from a person within | ||||||
4 | Illinois. All advance deposit wagering is subject to any rules | ||||||
5 | adopted by the Board. The Board may adopt rules necessary to | ||||||
6 | regulate advance deposit wagering through the use of emergency | ||||||
7 | rulemaking in accordance with Section 5-45 of the Illinois | ||||||
8 | Administrative Procedure Act. The General Assembly finds that | ||||||
9 | the adoption of rules to regulate advance deposit wagering is | ||||||
10 | deemed an emergency and necessary for the public interest, | ||||||
11 | safety, and welfare. After payment of the State pari-mutuel | ||||||
12 | tax, an advance deposit wagering licensee may retain all moneys | ||||||
13 | as agreed to by contract with an organization licensee. Any | ||||||
14 | moneys retained by the organization licensee from advance | ||||||
15 | deposit wagering, not including moneys retained by the advance | ||||||
16 | deposit wagering licensee, shall be paid 50% to the | ||||||
17 | organization licensee's purse account, with the purse account | ||||||
18 | share for races that start on or after 6:30 a.m. but before | ||||||
19 | 6:30 p.m. Illinois time allocated to thoroughbred purses and | ||||||
20 | the purse account share for races that start on or after 6:30 | ||||||
21 | p.m. but before 6:30 a.m. Illinois time allocated to | ||||||
22 | standardbred purses, and 50% to the organization licensee. All | ||||||
23 | breakage from advance deposit wagering shall be allocated as | ||||||
24 | provided in Section 26.1. To the extent any fees from advance | ||||||
25 | deposit wagering conducted in Illinois for wagers in Illinois | ||||||
26 | or other states have been placed in escrow or otherwise |
| |||||||
| |||||||
1 | withheld from wagers pending a determination of the legality of | ||||||
2 | advance deposit wagering, no action shall be brought to declare | ||||||
3 | such wagers or the disbursement of any fees previously escrowed | ||||||
4 | illegal.
| ||||||
5 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| ||||||
6 | intertrack wagering
licensee other than the host track may | ||||||
7 | supplement the host track simulcast
program with | ||||||
8 | additional simulcast races or race programs, provided that | ||||||
9 | between
January 1 and the third Friday in February of any | ||||||
10 | year, inclusive, if no live
thoroughbred racing is | ||||||
11 | occurring in Illinois during this period, only
| ||||||
12 | thoroughbred races may be used
for supplemental interstate | ||||||
13 | simulcast purposes. The Board shall withhold
approval for a | ||||||
14 | supplemental interstate simulcast only if it finds that the
| ||||||
15 | simulcast is clearly adverse to the integrity of racing. A | ||||||
16 | supplemental
interstate simulcast may be transmitted from | ||||||
17 | an intertrack wagering licensee to
its affiliated non-host | ||||||
18 | licensees. The interstate commission fee for a
| ||||||
19 | supplemental interstate simulcast shall be paid by the | ||||||
20 | non-host licensee and
its affiliated non-host licensees | ||||||
21 | receiving the simulcast.
| ||||||
22 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| ||||||
23 | intertrack wagering
licensee other than the host track may | ||||||
24 | receive supplemental interstate
simulcasts only with the | ||||||
25 | consent of the host track, except when the Board
finds that | ||||||
26 | the simulcast is
clearly adverse to the integrity of |
| |||||||
| |||||||
1 | racing. Consent granted under this
paragraph (2) to any | ||||||
2 | intertrack wagering licensee shall be deemed consent to
all | ||||||
3 | non-host licensees. The interstate commission fee for the | ||||||
4 | supplemental
interstate simulcast shall be paid
by all | ||||||
5 | participating non-host licensees.
| ||||||
6 | (3) Each licensee conducting interstate simulcast | ||||||
7 | wagering may retain,
subject to the payment of all | ||||||
8 | applicable taxes and the purses, an amount not to
exceed | ||||||
9 | 17% of all money wagered. If any licensee conducts the | ||||||
10 | pari-mutuel
system wagering on races conducted at | ||||||
11 | racetracks in another state or country,
each such race or | ||||||
12 | race program shall be considered a separate racing day for
| ||||||
13 | the purpose of determining the daily handle and computing | ||||||
14 | the privilege tax of
that daily handle as provided in | ||||||
15 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
16 | the sums permitted to be retained pursuant to this | ||||||
17 | subsection, each
intertrack wagering location licensee | ||||||
18 | shall pay 1% of the pari-mutuel handle
wagered on simulcast | ||||||
19 | wagering to the Horse Racing Tax Allocation Fund, subject
| ||||||
20 | to the provisions of subparagraph (B) of paragraph (11) of | ||||||
21 | subsection (h) of
Section 26 of this Act.
| ||||||
22 | (4) A licensee who receives an interstate simulcast may | ||||||
23 | combine its gross
or net pools with pools at the sending | ||||||
24 | racetracks pursuant to rules established
by the Board. All | ||||||
25 | licensees combining their gross pools
at a
sending | ||||||
26 | racetrack shall adopt the take-out percentages of the |
| |||||||
| |||||||
1 | sending
racetrack.
A licensee may also establish a separate | ||||||
2 | pool and takeout structure for
wagering purposes on races | ||||||
3 | conducted at race tracks outside of the
State of Illinois. | ||||||
4 | The licensee may permit pari-mutuel wagers placed in other
| ||||||
5 | states or
countries to be combined with its gross or net | ||||||
6 | wagering pools or other
wagering pools.
| ||||||
7 | (5) After the payment of the interstate commission fee | ||||||
8 | (except for the
interstate commission
fee on a supplemental | ||||||
9 | interstate simulcast, which shall be paid by the host
track | ||||||
10 | and by each non-host licensee through the host-track) and | ||||||
11 | all applicable
State and local
taxes, except as provided in | ||||||
12 | subsection (g) of Section 27 of this Act, the
remainder of | ||||||
13 | moneys retained from simulcast wagering pursuant to this
| ||||||
14 | subsection (g), and Section 26.2 shall be divided as | ||||||
15 | follows:
| ||||||
16 | (A) For interstate simulcast wagers made at a host | ||||||
17 | track, 50% to the
host
track and 50% to purses at the | ||||||
18 | host track.
| ||||||
19 | (B) For wagers placed on interstate simulcast | ||||||
20 | races, supplemental
simulcasts as defined in | ||||||
21 | subparagraphs (1) and (2), and separately pooled races
| ||||||
22 | conducted outside of the State of Illinois made at a | ||||||
23 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
24 | non-host licensee, and 50% to the purses at the host | ||||||
25 | track.
| ||||||
26 | (6) Notwithstanding any provision in this Act to the |
| |||||||
| |||||||
1 | contrary, non-host
licensees
who derive their licenses | ||||||
2 | from a track located in a county with a population in
| ||||||
3 | excess of 230,000 and that borders the Mississippi River | ||||||
4 | may receive
supplemental interstate simulcast races at all | ||||||
5 | times subject to Board approval,
which shall be withheld | ||||||
6 | only upon a finding that a supplemental interstate
| ||||||
7 | simulcast is clearly adverse to the integrity of racing.
| ||||||
8 | (7) Notwithstanding any provision of this Act to the | ||||||
9 | contrary, after
payment of all applicable State and local | ||||||
10 | taxes and interstate commission fees,
non-host licensees | ||||||
11 | who derive their licenses from a track located in a county
| ||||||
12 | with a population in excess of 230,000 and that borders the | ||||||
13 | Mississippi River
shall retain 50% of the retention from | ||||||
14 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
15 | the track from which the non-host licensee derives its
| ||||||
16 | license as follows:
| ||||||
17 | (A) Between January 1 and the third Friday in | ||||||
18 | February, inclusive, if no
live thoroughbred racing is | ||||||
19 | occurring in Illinois during this period, when the
| ||||||
20 | interstate simulcast is a standardbred race, the purse | ||||||
21 | share to its
standardbred purse account;
| ||||||
22 | (B) Between January 1 and the third Friday in | ||||||
23 | February, inclusive, if no
live thoroughbred racing is | ||||||
24 | occurring in Illinois during this period, and the
| ||||||
25 | interstate simulcast is a thoroughbred race, the purse | ||||||
26 | share to its interstate
simulcast purse pool to be |
| |||||||
| |||||||
1 | distributed under paragraph (10) of this subsection
| ||||||
2 | (g);
| ||||||
3 | (C) Between January 1 and the third Friday in | ||||||
4 | February, inclusive, if
live thoroughbred racing is | ||||||
5 | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | ||||||
6 | the purse share from wagers made during this time | ||||||
7 | period to its
thoroughbred purse account and between | ||||||
8 | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | ||||||
9 | made during this time period to its standardbred purse | ||||||
10 | accounts;
| ||||||
11 | (D) Between the third Saturday in February and | ||||||
12 | December 31, when the
interstate simulcast occurs | ||||||
13 | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | ||||||
14 | share to its thoroughbred purse account;
| ||||||
15 | (E) Between the third Saturday in February and | ||||||
16 | December 31, when the
interstate simulcast occurs | ||||||
17 | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | ||||||
18 | share to its standardbred purse account.
| ||||||
19 | (7.1) Notwithstanding any other provision of this Act | ||||||
20 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
21 | a racetrack located in Madison County
during any
calendar | ||||||
22 | year beginning on or after January 1, 2002, all
moneys | ||||||
23 | derived by
that racetrack from simulcast wagering and | ||||||
24 | inter-track wagering that (1) are to
be used
for purses and | ||||||
25 | (2) are generated between the hours of 6:30 p.m. and 6:30 | ||||||
26 | a.m.
during that
calendar year shall
be paid as follows:
|
| |||||||
| |||||||
1 | (A) If the licensee that conducts horse racing at | ||||||
2 | that racetrack
requests from the Board at least as many | ||||||
3 | racing dates as were conducted in
calendar year 2000, | ||||||
4 | 80% shall be paid to its thoroughbred purse account; | ||||||
5 | and
| ||||||
6 | (B) Twenty percent shall be deposited into the | ||||||
7 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
8 | be paid to purses for standardbred races for Illinois | ||||||
9 | conceived
and foaled horses conducted at any county | ||||||
10 | fairgrounds.
The moneys deposited into the Fund | ||||||
11 | pursuant to this subparagraph (B) shall be
deposited
| ||||||
12 | within 2
weeks after the day they were generated, shall | ||||||
13 | be in addition to and not in
lieu of any other
moneys | ||||||
14 | paid to standardbred purses under this Act, and shall | ||||||
15 | not be commingled
with other moneys paid into that | ||||||
16 | Fund. The moneys deposited
pursuant to this | ||||||
17 | subparagraph (B) shall be allocated as provided by the
| ||||||
18 | Department of Agriculture, with the advice and | ||||||
19 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
20 | Advisory Board.
| ||||||
21 | (7.2) Notwithstanding any other provision of this Act | ||||||
22 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
23 | a racetrack located in Madison County
during any
calendar | ||||||
24 | year beginning on or after January 1,
2002, all
moneys | ||||||
25 | derived by
that racetrack from simulcast wagering and | ||||||
26 | inter-track wagering that (1) are to
be used
for purses and |
| |||||||
| |||||||
1 | (2) are generated between the hours of 6:30 a.m. and 6:30 | ||||||
2 | p.m.
during that
calendar year shall
be deposited as | ||||||
3 | follows:
| ||||||
4 | (A) If the licensee that conducts horse racing at | ||||||
5 | that racetrack
requests from the
Board at least
as many | ||||||
6 | racing dates as were conducted in calendar year 2000, | ||||||
7 | 80%
shall be deposited into its standardbred purse
| ||||||
8 | account; and
| ||||||
9 | (B) Twenty percent shall be deposited into the | ||||||
10 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
11 | deposited into the Illinois Colt Stakes Purse
| ||||||
12 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
13 | may be used (i) at the discretion of the Department, | ||||||
14 | for drug testing as authorized in Section 34.3 of this | ||||||
15 | Act and for distribution to Illinois county fairs to | ||||||
16 | supplement premiums offered in junior classes and (ii) | ||||||
17 | by the Department of Agriculture for the
purposes | ||||||
18 | identified in paragraphs (2), (2.5), (4), (4.1), (6), | ||||||
19 | (7), (8), and
(9) of
subsection (g) of Section 30, | ||||||
20 | subsection (e) of Section 30.5, paragraphs (1),
(2), | ||||||
21 | (3),
(5), and (8) of subsection (g) of Section 31, and | ||||||
22 | for standardbred bonus
programs
for owners of horses | ||||||
23 | that win multiple stakes races that are limited to
| ||||||
24 | Illinois conceived and foaled horses. Any balance | ||||||
25 | shall be paid to Illinois
conceived and foaled | ||||||
26 | thoroughbred breeders' programs
and to thoroughbred |
| |||||||
| |||||||
1 | purses for races conducted at any county fairgrounds | ||||||
2 | for
Illinois conceived
and foaled horses at the | ||||||
3 | discretion of the
Department of Agriculture, with the | ||||||
4 | advice and assistance of
the Illinois Thoroughbred | ||||||
5 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
6 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
7 | pursuant to this subparagraph (B) shall be deposited | ||||||
8 | within 2 weeks
after the day they were generated, shall | ||||||
9 | be in addition to and not in
lieu of any other moneys | ||||||
10 | paid to thoroughbred purses
under this Act, and shall | ||||||
11 | not be commingled with other moneys deposited into
that | ||||||
12 | Fund.
| ||||||
13 | (7.3) If no live standardbred racing is conducted at a | ||||||
14 | racetrack located
in
Madison
County in calendar year 2000 | ||||||
15 | or 2001,
an organization licensee who is licensed
to | ||||||
16 | conduct horse racing at that racetrack shall, before | ||||||
17 | January 1, 2002, pay
all
moneys derived from simulcast | ||||||
18 | wagering and inter-track wagering in calendar
years 2000 | ||||||
19 | and 2001 and
paid into the licensee's standardbred purse | ||||||
20 | account as follows:
| ||||||
21 | (A) Eighty percent to that licensee's thoroughbred | ||||||
22 | purse account to
be used for thoroughbred purses; and
| ||||||
23 | (B) Twenty percent to the Illinois Colt Stakes | ||||||
24 | Purse Distribution
Fund.
| ||||||
25 | Failure to make the payment to the Illinois Colt Stakes | ||||||
26 | Purse Distribution
Fund before January 1, 2002
shall
result |
| |||||||
| |||||||
1 | in the immediate revocation of the licensee's organization
| ||||||
2 | license, inter-track wagering license, and inter-track | ||||||
3 | wagering location
license.
| ||||||
4 | Moneys paid into the Illinois
Colt Stakes Purse | ||||||
5 | Distribution Fund pursuant to this
paragraph (7.3) shall be | ||||||
6 | paid to purses for standardbred
races for Illinois | ||||||
7 | conceived and foaled horses conducted
at any county
| ||||||
8 | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | ||||||
9 | Purse Distribution Fund pursuant to this
paragraph (7.3) | ||||||
10 | shall be used as determined by the
Department of | ||||||
11 | Agriculture, with the advice and assistance of the
Illinois | ||||||
12 | Standardbred Breeders Fund Advisory Board, shall be in | ||||||
13 | addition to
and not in lieu of any other moneys paid to | ||||||
14 | standardbred purses under this Act,
and shall not be | ||||||
15 | commingled
with any other moneys paid into that Fund.
| ||||||
16 | (7.4) If live standardbred racing is conducted at a | ||||||
17 | racetrack located in
Madison
County at any time in calendar | ||||||
18 | year 2001 before the payment required
under
paragraph (7.3) | ||||||
19 | has been made, the organization licensee who is licensed to
| ||||||
20 | conduct
racing at that racetrack shall pay all moneys | ||||||
21 | derived by that racetrack from
simulcast
wagering and | ||||||
22 | inter-track wagering during calendar years 2000 and 2001 | ||||||
23 | that (1)
are to be
used for purses and (2) are generated | ||||||
24 | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | ||||||
25 | 2001 to the standardbred purse account at that
racetrack to
| ||||||
26 | be used for standardbred purses.
|
| |||||||
| |||||||
1 | (7.5) Notwithstanding any provision of this Act to the | ||||||
2 | contrary, if live standardbred racing and live | ||||||
3 | thoroughbred racing are both conducted at a racetrack | ||||||
4 | located in
Madison
County at any time in a calendar year, | ||||||
5 | all
moneys derived by
that racetrack from simulcast | ||||||
6 | wagering and inter-track wagering between the hours of 6:30 | ||||||
7 | p.m. and 6:30 a.m. that are to
be used
for purses shall
be | ||||||
8 | deposited as follows: 70% shall be paid to its thoroughbred | ||||||
9 | purse account and 30% shall be paid to its standardbred | ||||||
10 | purse account.
| ||||||
11 | (8) Notwithstanding any provision in this Act to the | ||||||
12 | contrary, an
organization licensee from a track located in | ||||||
13 | a county with a population in
excess of 230,000 and that | ||||||
14 | borders the Mississippi River and its affiliated
non-host | ||||||
15 | licensees shall not be entitled to share in any retention | ||||||
16 | generated on
racing, inter-track wagering, or simulcast | ||||||
17 | wagering at any other Illinois
wagering facility.
| ||||||
18 | (8.1) Notwithstanding any provisions in this Act to the | ||||||
19 | contrary, if 2
organization licensees
are conducting | ||||||
20 | standardbred race meetings concurrently
between the hours | ||||||
21 | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||||||
22 | State and local taxes and interstate commission fees, the | ||||||
23 | remainder of the
amount retained from simulcast wagering | ||||||
24 | otherwise attributable to the host
track and to host track | ||||||
25 | purses shall be split daily between the 2
organization | ||||||
26 | licensees and the purses at the tracks of the 2 |
| |||||||
| |||||||
1 | organization
licensees, respectively, based on each | ||||||
2 | organization licensee's share
of the total live handle for | ||||||
3 | that day,
provided that this provision shall not apply to | ||||||
4 | any non-host licensee that
derives its license from a track | ||||||
5 | located in a county with a population in
excess of 230,000 | ||||||
6 | and that borders the Mississippi River.
| ||||||
7 | (9) (Blank).
| ||||||
8 | (10) (Blank).
| ||||||
9 | (11) (Blank).
| ||||||
10 | (12) The Board shall have authority to compel all host | ||||||
11 | tracks to receive
the simulcast of any or all races | ||||||
12 | conducted at the Springfield or DuQuoin State
fairgrounds | ||||||
13 | and include all such races as part of their simulcast | ||||||
14 | programs.
| ||||||
15 | (13)
Notwithstanding any other provision of this Act, | ||||||
16 | in
the event that
the total Illinois pari-mutuel handle on | ||||||
17 | Illinois horse races at all wagering
facilities in any | ||||||
18 | calendar year is less than 75% of the total Illinois
| ||||||
19 | pari-mutuel handle on Illinois horse races at all such | ||||||
20 | wagering facilities for
calendar year 1994, then each | ||||||
21 | wagering facility that has an annual total
Illinois | ||||||
22 | pari-mutuel handle on Illinois horse races that is less | ||||||
23 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
24 | Illinois horse races at such wagering
facility for calendar | ||||||
25 | year 1994, shall be permitted to receive, from any amount
| ||||||
26 | otherwise
payable to the purse account at the race track |
| |||||||
| |||||||
1 | with which the wagering facility
is affiliated in the | ||||||
2 | succeeding calendar year, an amount equal to 2% of the
| ||||||
3 | differential in total Illinois pari-mutuel handle on | ||||||
4 | Illinois horse
races at the wagering facility between that | ||||||
5 | calendar year in question and 1994
provided, however, that | ||||||
6 | a
wagering facility shall not be entitled to any such | ||||||
7 | payment until the Board
certifies in writing to the | ||||||
8 | wagering facility the amount to which the wagering
facility | ||||||
9 | is entitled
and a schedule for payment of the amount to the | ||||||
10 | wagering facility, based on:
(i) the racing dates awarded | ||||||
11 | to the race track affiliated with the wagering
facility | ||||||
12 | during the succeeding year; (ii) the sums available or | ||||||
13 | anticipated to
be available in the purse account of the | ||||||
14 | race track affiliated with the
wagering facility for purses | ||||||
15 | during the succeeding year; and (iii) the need to
ensure | ||||||
16 | reasonable purse levels during the payment period.
The | ||||||
17 | Board's certification
shall be provided no later than | ||||||
18 | January 31 of the succeeding year.
In the event a wagering | ||||||
19 | facility entitled to a payment under this paragraph
(13) is | ||||||
20 | affiliated with a race track that maintains purse accounts | ||||||
21 | for both
standardbred and thoroughbred racing, the amount | ||||||
22 | to be paid to the wagering
facility shall be divided | ||||||
23 | between each purse account pro rata, based on the
amount of | ||||||
24 | Illinois handle on Illinois standardbred and thoroughbred | ||||||
25 | racing
respectively at the wagering facility during the | ||||||
26 | previous calendar year.
Annually, the General Assembly |
| |||||||
| |||||||
1 | shall appropriate sufficient funds from the
General | ||||||
2 | Revenue Fund to the Department of Agriculture for payment | ||||||
3 | into the
thoroughbred and standardbred horse racing purse | ||||||
4 | accounts at
Illinois pari-mutuel tracks. The amount paid to | ||||||
5 | each purse account shall be
the amount certified by the | ||||||
6 | Illinois Racing Board in January to be
transferred from | ||||||
7 | each account to each eligible racing facility in
accordance | ||||||
8 | with the provisions of this Section. For the calendar year | ||||||
9 | in which an organization licensee that is eligible to
| ||||||
10 | receive a
payment under this paragraph (13) begins | ||||||
11 | conducting electronic gaming pursuant
to an
electronic | ||||||
12 | gaming license, the amount of that payment shall be reduced | ||||||
13 | by a
percentage
equal to the percentage of the year | ||||||
14 | remaining after the organization licensee
begins
| ||||||
15 | conducting electronic gaming pursuant to its electronic | ||||||
16 | gaming license.
An organization licensee shall no longer be | ||||||
17 | able to receive payments under
this paragraph (13) | ||||||
18 | beginning on the January 1 first occurring after the
| ||||||
19 | licensee begins conducting electronic gaming pursuant to | ||||||
20 | an electronic gaming
license issued under Section 7.7 of | ||||||
21 | the Illinois Gambling Act.
| ||||||
22 | (h) The Board may approve and license the conduct of | ||||||
23 | inter-track wagering
and simulcast wagering by inter-track | ||||||
24 | wagering licensees and inter-track
wagering location licensees | ||||||
25 | subject to the following terms and conditions:
| ||||||
26 | (1) Any person licensed to conduct a race meeting (i) |
| |||||||
| |||||||
1 | at a track where
60 or more days of racing were conducted | ||||||
2 | during the immediately preceding
calendar year or where | ||||||
3 | over the 5 immediately preceding calendar years an
average | ||||||
4 | of 30 or more days of racing were conducted annually may be | ||||||
5 | issued an
inter-track wagering license; (ii) at a track
| ||||||
6 | located in a county that is bounded by the Mississippi | ||||||
7 | River, which has a
population of less than 150,000 | ||||||
8 | according to the 1990 decennial census, and an
average of | ||||||
9 | at least 60 days of racing per year between 1985 and 1993 | ||||||
10 | may be
issued an inter-track wagering license; or (iii) at | ||||||
11 | a track
located in Madison
County that conducted at least | ||||||
12 | 100 days of live racing during the immediately
preceding
| ||||||
13 | calendar year may be issued an inter-track wagering | ||||||
14 | license, unless a lesser
schedule of
live racing is the | ||||||
15 | result of (A) weather, unsafe track conditions, or other
| ||||||
16 | acts of God; (B)
an agreement between the organization | ||||||
17 | licensee and the associations
representing the
largest | ||||||
18 | number of owners, trainers, jockeys, or standardbred | ||||||
19 | drivers who race
horses at
that organization licensee's | ||||||
20 | racing meeting; or (C) a finding by the Board of
| ||||||
21 | extraordinary circumstances and that it was in the best | ||||||
22 | interest of the public
and the sport to conduct fewer than | ||||||
23 | 100 days of live racing. Any such person
having operating | ||||||
24 | control of the racing facility may also receive up to 6
| ||||||
25 | inter-track wagering
location licenses. In no event shall | ||||||
26 | more than 6 inter-track wagering
locations be established |
| |||||||
| |||||||
1 | for each eligible race track, except that an
eligible race | ||||||
2 | track located in a county that has a population of more | ||||||
3 | than
230,000 and that is bounded by the Mississippi River | ||||||
4 | may establish up to 7
inter-track wagering locations.
An | ||||||
5 | application for
said license shall be filed with the Board | ||||||
6 | prior to such dates as may be
fixed by the Board. With an | ||||||
7 | application for an inter-track
wagering
location license | ||||||
8 | there shall be delivered to the Board a certified check or
| ||||||
9 | bank draft payable to the order of the Board for an amount | ||||||
10 | equal to $500.
The application shall be on forms prescribed | ||||||
11 | and furnished by the Board. The
application shall comply | ||||||
12 | with all other rules,
regulations and conditions imposed by | ||||||
13 | the Board in connection therewith.
| ||||||
14 | (2) The Board shall examine the applications with | ||||||
15 | respect to their
conformity with this Act and the rules and | ||||||
16 | regulations imposed by the
Board. If found to be in | ||||||
17 | compliance with the Act and rules and regulations
of the | ||||||
18 | Board, the Board may then issue a license to conduct | ||||||
19 | inter-track
wagering and simulcast wagering to such | ||||||
20 | applicant. All such applications
shall be acted upon by the | ||||||
21 | Board at a meeting to be held on such date as may be
fixed | ||||||
22 | by the Board.
| ||||||
23 | (3) In granting licenses to conduct inter-track | ||||||
24 | wagering and simulcast
wagering, the Board shall give due | ||||||
25 | consideration to
the best interests of the
public, of horse | ||||||
26 | racing, and of maximizing revenue to the State.
|
| |||||||
| |||||||
1 | (4) Prior to the issuance of a license to conduct | ||||||
2 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
3 | shall file with the Board a bond payable to the State of | ||||||
4 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
5 | and a surety company or
companies authorized to do business | ||||||
6 | in this State, and conditioned upon
(i) the payment by the | ||||||
7 | licensee of all taxes due under Section 27 or 27.1
and any | ||||||
8 | other monies due and payable under this Act, and (ii)
| ||||||
9 | distribution by the licensee, upon presentation of the | ||||||
10 | winning ticket or
tickets, of all sums payable to the | ||||||
11 | patrons of pari-mutuel pools.
| ||||||
12 | (5) Each license to conduct inter-track wagering and | ||||||
13 | simulcast
wagering shall specify the person
to whom it is | ||||||
14 | issued, the dates on which such wagering is permitted, and
| ||||||
15 | the track or location where the wagering is to be | ||||||
16 | conducted.
| ||||||
17 | (6) All wagering under such license is subject to this | ||||||
18 | Act and to the
rules and regulations from time to time | ||||||
19 | prescribed by the Board, and every
such license issued by | ||||||
20 | the Board shall contain a recital to that effect.
| ||||||
21 | (7) An inter-track wagering licensee or inter-track | ||||||
22 | wagering location
licensee may accept wagers at the track | ||||||
23 | or location
where it is licensed, or as otherwise provided | ||||||
24 | under this Act.
| ||||||
25 | (8) Inter-track wagering or simulcast wagering shall | ||||||
26 | not be
conducted
at any track less than 5 miles from a |
| |||||||
| |||||||
1 | track at which a racing meeting is in
progress.
| ||||||
2 | (8.1) Inter-track wagering location
licensees who | ||||||
3 | derive their licenses from a particular organization | ||||||
4 | licensee
shall conduct inter-track wagering and simulcast | ||||||
5 | wagering only at locations
which are either within 90
miles | ||||||
6 | of that race track where the particular organization | ||||||
7 | licensee is
licensed to conduct racing, or within 135 miles | ||||||
8 | of that race track
where
the particular organization | ||||||
9 | licensee is licensed to conduct racing
in the case
of race | ||||||
10 | tracks in counties of less than 400,000 that were operating | ||||||
11 | on or
before June 1, 1986. However, inter-track wagering | ||||||
12 | and simulcast wagering
shall not
be conducted by those | ||||||
13 | licensees at any location within 5 miles of any race
track | ||||||
14 | at which a
horse race meeting has been licensed in the | ||||||
15 | current year, unless the person
having operating control of | ||||||
16 | such race track has given its written consent
to such | ||||||
17 | inter-track wagering location licensees,
which consent
| ||||||
18 | must be filed with the Board at or prior to the time | ||||||
19 | application is made.
| ||||||
20 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
21 | not be
conducted by an inter-track
wagering location | ||||||
22 | licensee at any location within 500 feet of an
existing
| ||||||
23 | church or existing school, nor within 500 feet of the | ||||||
24 | residences
of more than 50 registered voters without
| ||||||
25 | receiving written permission from a majority of the | ||||||
26 | registered
voters at such residences.
Such written |
| |||||||
| |||||||
1 | permission statements shall be filed with the Board. The
| ||||||
2 | distance of 500 feet shall be measured to the nearest part | ||||||
3 | of any
building
used for worship services, education | ||||||
4 | programs, residential purposes, or
conducting inter-track | ||||||
5 | wagering by an inter-track wagering location
licensee, and | ||||||
6 | not to property boundaries. However, inter-track wagering | ||||||
7 | or
simulcast wagering may be conducted at a site within 500 | ||||||
8 | feet of
a church, school or residences
of 50 or more | ||||||
9 | registered voters if such church, school
or residences have | ||||||
10 | been erected
or established, or such voters have been | ||||||
11 | registered, after
the Board issues
the original | ||||||
12 | inter-track wagering location license at the site in | ||||||
13 | question.
Inter-track wagering location licensees may | ||||||
14 | conduct inter-track wagering
and simulcast wagering only | ||||||
15 | in areas that are zoned for
commercial or manufacturing | ||||||
16 | purposes or
in areas for which a special use has been | ||||||
17 | approved by the local zoning
authority. However, no license | ||||||
18 | to conduct inter-track wagering and simulcast
wagering | ||||||
19 | shall be
granted by the Board with respect to any | ||||||
20 | inter-track wagering location
within the jurisdiction of | ||||||
21 | any local zoning authority which has, by
ordinance or by | ||||||
22 | resolution, prohibited the establishment of an inter-track
| ||||||
23 | wagering location within its jurisdiction. However, | ||||||
24 | inter-track wagering
and simulcast wagering may be | ||||||
25 | conducted at a site if such ordinance or
resolution is | ||||||
26 | enacted after
the Board licenses the original inter-track |
| |||||||
| |||||||
1 | wagering location
licensee for the site in question.
| ||||||
2 | (9) (Blank).
| ||||||
3 | (10) An inter-track wagering licensee or an | ||||||
4 | inter-track wagering
location licensee may retain, subject | ||||||
5 | to the
payment of the privilege taxes and the purses, an | ||||||
6 | amount not to
exceed 17% of all money wagered. Each program | ||||||
7 | of racing conducted by
each inter-track wagering licensee | ||||||
8 | or inter-track wagering location
licensee shall be | ||||||
9 | considered a separate racing day for the purpose of
| ||||||
10 | determining the daily handle and computing the privilege | ||||||
11 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
12 | Section 27.
| ||||||
13 | (10.1) Except as provided in subsection (g) of Section | ||||||
14 | 27 of this Act,
inter-track wagering location licensees | ||||||
15 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
16 | the municipality in which such
location is situated and 1% | ||||||
17 | of the pari-mutuel handle at each location to
the county in | ||||||
18 | which such location is situated. In the event that an
| ||||||
19 | inter-track wagering location licensee is situated in an | ||||||
20 | unincorporated
area of a county, such licensee shall pay 2% | ||||||
21 | of the pari-mutuel handle from
such location to such | ||||||
22 | county.
| ||||||
23 | (10.2) Notwithstanding any other provision of this | ||||||
24 | Act, with respect to
intertrack wagering at a race track | ||||||
25 | located in a
county that has a population of
more than | ||||||
26 | 230,000 and that is bounded by the Mississippi River ("the |
| |||||||
| |||||||
1 | first race
track"), or at a facility operated by an | ||||||
2 | inter-track wagering licensee or
inter-track wagering | ||||||
3 | location licensee that derives its license from the
| ||||||
4 | organization licensee that operates the first race track, | ||||||
5 | on races conducted at
the first race track or on races | ||||||
6 | conducted at another Illinois race track
and | ||||||
7 | simultaneously televised to the first race track or to a | ||||||
8 | facility operated
by an inter-track wagering licensee or | ||||||
9 | inter-track wagering location licensee
that derives its | ||||||
10 | license from the organization licensee that operates the | ||||||
11 | first
race track, those moneys shall be allocated as | ||||||
12 | follows:
| ||||||
13 | (A) That portion of all moneys wagered on | ||||||
14 | standardbred racing that is
required under this Act to | ||||||
15 | be paid to purses shall be paid to purses for
| ||||||
16 | standardbred races.
| ||||||
17 | (B) That portion of all moneys wagered on | ||||||
18 | thoroughbred racing
that is required under this Act to | ||||||
19 | be paid to purses shall be paid to purses
for | ||||||
20 | thoroughbred races.
| ||||||
21 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
22 | tax, any other
applicable
taxes, and
the costs and expenses | ||||||
23 | in connection with the gathering, transmission, and
| ||||||
24 | dissemination of all data necessary to the conduct of | ||||||
25 | inter-track wagering,
the remainder of the monies retained | ||||||
26 | under either Section 26 or Section 26.2
of this Act by the |
| |||||||
| |||||||
1 | inter-track wagering licensee on inter-track wagering
| ||||||
2 | shall be allocated with 50% to be split between the
2 | ||||||
3 | participating licensees and 50% to purses, except
that an | ||||||
4 | intertrack wagering licensee that derives its
license from | ||||||
5 | a track located in a county with a population in excess of | ||||||
6 | 230,000
and that borders the Mississippi River shall not | ||||||
7 | divide any remaining
retention with the Illinois | ||||||
8 | organization licensee that provides the race or
races, and | ||||||
9 | an intertrack wagering licensee that accepts wagers on | ||||||
10 | races
conducted by an organization licensee that conducts a | ||||||
11 | race meet in a county
with a population in excess of | ||||||
12 | 230,000 and that borders the Mississippi River
shall not | ||||||
13 | divide any remaining retention with that organization | ||||||
14 | licensee.
| ||||||
15 | (B) From the
sums permitted to be retained pursuant to | ||||||
16 | paragraph (10) of this subsection (h),
this Act each | ||||||
17 | inter-track wagering
location licensee shall pay the | ||||||
18 | following: | ||||||
19 | (i) the privilege or pari-mutuel tax to the
State; | ||||||
20 | (ii) the following percentages
4.75%
of the
| ||||||
21 | pari-mutuel handle on intertrack wagering at such | ||||||
22 | location on
races as purses, except that
an intertrack | ||||||
23 | wagering location licensee that derives its license | ||||||
24 | from a
track located in a county with a population in | ||||||
25 | excess of 230,000 and that
borders the Mississippi | ||||||
26 | River shall retain all purse moneys for its own purse
|
| |||||||
| |||||||
1 | account consistent with distribution set forth in this | ||||||
2 | subsection (h), and
intertrack wagering location | ||||||
3 | licensees that accept wagers on races
conducted
by an | ||||||
4 | organization licensee located in a county with a | ||||||
5 | population in excess of
230,000 and that borders the | ||||||
6 | Mississippi River shall distribute all purse
moneys to | ||||||
7 | purses at the operating host track : | ||||||
8 | (I) until 6 months after the organizational | ||||||
9 | licensee from which the inter-track wagering | ||||||
10 | location licensee derives its license begins | ||||||
11 | conducting electronic gaming, 4.75%; | ||||||
12 | (II) beginning 6 months after the | ||||||
13 | organizational licensee from which the inter-track | ||||||
14 | wagering location licensee derives its license | ||||||
15 | begins conducting electronic gaming and until 12 | ||||||
16 | months after that date, 5.75%; and | ||||||
17 | (III) beginning 12 months after the | ||||||
18 | organizational licensee from which the inter-track | ||||||
19 | wagering location licensee derives its license | ||||||
20 | begins conducting electronic gaming, 6.75% ; | ||||||
21 | (iii) until January 1, 2000,
except as
provided in
| ||||||
22 | subsection (g) of Section 27 of this Act, 1% of the
| ||||||
23 | pari-mutuel handle wagered on inter-track wagering and | ||||||
24 | simulcast wagering at
each inter-track wagering
| ||||||
25 | location licensee facility to the Horse Racing Tax | ||||||
26 | Allocation Fund, provided
that, to the extent the total |
| |||||||
| |||||||
1 | amount collected and distributed to the Horse
Racing | ||||||
2 | Tax Allocation Fund under this subsection (h) during | ||||||
3 | any calendar year
exceeds the amount collected and | ||||||
4 | distributed to the Horse Racing Tax Allocation
Fund | ||||||
5 | during calendar year 1994, that excess amount shall be | ||||||
6 | redistributed (I)
to all inter-track wagering location | ||||||
7 | licensees, based on each licensee's
pro-rata share of | ||||||
8 | the total handle from inter-track wagering and | ||||||
9 | simulcast
wagering for all inter-track wagering | ||||||
10 | location licensees during the calendar
year in which | ||||||
11 | this provision is applicable; then (II) the amounts | ||||||
12 | redistributed
to each inter-track wagering location | ||||||
13 | licensee as described in subpart (I)
shall be further | ||||||
14 | redistributed as provided in subparagraph (B) of | ||||||
15 | paragraph (5)
of subsection (g) of this Section 26 | ||||||
16 | provided first, that the shares of those
amounts, which | ||||||
17 | are to be redistributed to the host track or to purses | ||||||
18 | at the
host track under subparagraph (B) of paragraph | ||||||
19 | (5) of subsection (g) of this
Section 26 shall be
| ||||||
20 | redistributed based on each host track's pro rata share | ||||||
21 | of the total
inter-track
wagering and simulcast | ||||||
22 | wagering handle at all host tracks during the calendar
| ||||||
23 | year in question, and second, that any amounts | ||||||
24 | redistributed as described in
part (I) to an | ||||||
25 | inter-track wagering location licensee that accepts
| ||||||
26 | wagers on races conducted by an organization licensee |
| |||||||
| |||||||
1 | that conducts a race meet
in a county with a population | ||||||
2 | in excess of 230,000 and that borders the
Mississippi | ||||||
3 | River shall be further redistributed as provided in | ||||||
4 | subparagraphs
(D) and (E) of paragraph (7) of | ||||||
5 | subsection (g) of this Section 26, with the
portion of | ||||||
6 | that
further redistribution allocated to purses at | ||||||
7 | that organization licensee to be
divided between | ||||||
8 | standardbred purses and thoroughbred purses based on | ||||||
9 | the
amounts otherwise allocated to purses at that | ||||||
10 | organization licensee during the
calendar year in | ||||||
11 | question; and | ||||||
12 | (iv) the following percentages
8% of the | ||||||
13 | pari-mutuel handle on
inter-track wagering wagered at
| ||||||
14 | such location to satisfy all costs and expenses of | ||||||
15 | conducting its wagering. The
remainder of the monies | ||||||
16 | retained by the inter-track wagering location licensee
| ||||||
17 | shall be allocated 40% to the location licensee and 60% | ||||||
18 | to the organization
licensee which provides the | ||||||
19 | Illinois races to the location, except that an
| ||||||
20 | intertrack wagering location
licensee that derives its | ||||||
21 | license from a track located in a county with a
| ||||||
22 | population in excess of 230,000 and that borders the | ||||||
23 | Mississippi River shall
not divide any remaining | ||||||
24 | retention with the organization licensee that provides
| ||||||
25 | the race or races and an intertrack wagering location | ||||||
26 | licensee that accepts
wagers on races conducted by an |
| |||||||
| |||||||
1 | organization licensee that conducts a race meet
in a | ||||||
2 | county with a population in excess of 230,000 and that | ||||||
3 | borders the
Mississippi River shall not divide any | ||||||
4 | remaining retention with the
organization licensee : | ||||||
5 | (I) until 6 months after the organizational | ||||||
6 | licensee from which the inter-track wagering | ||||||
7 | location licensee derives its license begins | ||||||
8 | conducting electronic gaming, 8%; | ||||||
9 | (II) beginning 6 months after the | ||||||
10 | organizational licensee from which the inter-track | ||||||
11 | wagering location licensee derives its license | ||||||
12 | begins conducting electronic gaming and until 12 | ||||||
13 | months after that date, 7.5%; and | ||||||
14 | (III) beginning 12 months after the | ||||||
15 | organizational licensee from which the inter-track | ||||||
16 | wagering location licensee derives its license | ||||||
17 | begins conducting electronic gaming, 6.75% .
| ||||||
18 | Notwithstanding the provisions of clauses (ii) and | ||||||
19 | (iv) of this
paragraph, in the case of the additional | ||||||
20 | inter-track wagering location licenses
authorized under | ||||||
21 | paragraph (1) of this subsection (h) by this amendatory
Act | ||||||
22 | of 1991, those licensees shall pay the percentage of the | ||||||
23 | pari-mutuel handle required under clause (ii) of this | ||||||
24 | paragraph (B)
following amounts as purses . The
:
during the | ||||||
25 | first 12 months the licensee is in operation, 5.25% of
the
| ||||||
26 | pari-mutuel handle wagered at the location on races; during |
| |||||||
| |||||||
1 | the second 12
months, 5.25%; during the third 12 months, | ||||||
2 | 5.75%;
during
the fourth 12 months,
6.25%; and during the | ||||||
3 | fifth 12 months and thereafter, 6.75%. The
following | ||||||
4 | amounts shall be retained by the licensee shall retain the | ||||||
5 | percentage of the pari-mutuel handle required under clause | ||||||
6 | (iv) of this paragraph (B) to satisfy all costs
and | ||||||
7 | expenses of conducting its wagering : during the first 12 | ||||||
8 | months the
licensee is in operation, 8.25% of the | ||||||
9 | pari-mutuel handle wagered
at the
location; during the | ||||||
10 | second 12 months, 8.25%; during the third 12 months,
7.75%; | ||||||
11 | during the fourth 12 months, 7.25%; and during the fifth 12 | ||||||
12 | months and
thereafter, 6.75% . For additional intertrack | ||||||
13 | wagering location licensees
authorized under Public Act | ||||||
14 | 89-16, after all taxes are paid, of the remainder, 50% | ||||||
15 | shall be retained by the licensee and 50% shall be paid to | ||||||
16 | purses.
this amendatory Act of 1995, purses for the first | ||||||
17 | 12 months
the licensee is in operation shall be 5.75% of | ||||||
18 | the pari-mutuel wagered at the
location, purses for the | ||||||
19 | second 12 months the licensee is in operation shall be
| ||||||
20 | 6.25%, and purses thereafter shall be 6.75%. For additional | ||||||
21 | intertrack
location licensees authorized under this | ||||||
22 | amendatory Act of 1995, the licensee
shall be allowed to | ||||||
23 | retain to satisfy all costs and expenses: 7.75% of the
| ||||||
24 | pari-mutuel handle wagered at the location during its first | ||||||
25 | 12 months of
operation, 7.25% during its second 12 months | ||||||
26 | of operation, and 6.75%
thereafter.
|
| |||||||
| |||||||
1 | (C) There is hereby created the Horse Racing Tax | ||||||
2 | Allocation Fund
which shall remain in existence until | ||||||
3 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
4 | December 31, 1999
shall be paid into the
General Revenue | ||||||
5 | Fund. Until January 1, 2000,
all monies paid into the Horse | ||||||
6 | Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||||||
7 | by inter-track wagering location licensees located in park
| ||||||
8 | districts of 500,000 population or less, or in a | ||||||
9 | municipality that is not
included within any park district | ||||||
10 | but is included within a conservation
district and is the | ||||||
11 | county seat of a county that (i) is contiguous to the state
| ||||||
12 | of Indiana and (ii) has a 1990 population of 88,257 | ||||||
13 | according to the United
States Bureau of the Census, and | ||||||
14 | operating on May 1, 1994 shall be
allocated by | ||||||
15 | appropriation as follows:
| ||||||
16 | Two-sevenths to the Department of Agriculture. | ||||||
17 | Fifty percent of
this two-sevenths shall be used to | ||||||
18 | promote the Illinois horse racing and
breeding | ||||||
19 | industry, and shall be distributed by the Department of | ||||||
20 | Agriculture
upon the advice of a 9-member committee | ||||||
21 | appointed by the Governor consisting of
the following | ||||||
22 | members: the Director of Agriculture, who shall serve | ||||||
23 | as
chairman; 2 representatives of organization | ||||||
24 | licensees conducting thoroughbred
race meetings in | ||||||
25 | this State, recommended by those licensees; 2 | ||||||
26 | representatives
of organization licensees conducting |
| |||||||
| |||||||
1 | standardbred race meetings in this State,
recommended | ||||||
2 | by those licensees; a representative of the Illinois
| ||||||
3 | Thoroughbred Breeders and Owners Foundation, | ||||||
4 | recommended by that
Foundation; a representative of | ||||||
5 | the Illinois Standardbred Owners and
Breeders | ||||||
6 | Association, recommended
by that Association; a | ||||||
7 | representative of
the Horsemen's Benevolent and | ||||||
8 | Protective Association or any successor
organization | ||||||
9 | thereto established in Illinois comprised of the | ||||||
10 | largest number of
owners and trainers, recommended by | ||||||
11 | that
Association or that successor organization; and a
| ||||||
12 | representative of the Illinois Harness Horsemen's
| ||||||
13 | Association, recommended by that Association. | ||||||
14 | Committee members shall
serve for terms of 2 years, | ||||||
15 | commencing January 1 of each even-numbered
year. If a | ||||||
16 | representative of any of the above-named entities has | ||||||
17 | not been
recommended by January 1 of any even-numbered | ||||||
18 | year, the Governor shall
appoint a committee member to | ||||||
19 | fill that position. Committee members shall
receive no | ||||||
20 | compensation for their services as members but shall be
| ||||||
21 | reimbursed for all actual and necessary expenses and | ||||||
22 | disbursements incurred
in the performance of their | ||||||
23 | official duties. The remaining 50% of this
| ||||||
24 | two-sevenths shall be distributed to county fairs for | ||||||
25 | premiums and
rehabilitation as set forth in the | ||||||
26 | Agricultural Fair Act;
|
| |||||||
| |||||||
1 | Four-sevenths to park districts or municipalities | ||||||
2 | that do not have a
park district of 500,000 population | ||||||
3 | or less for museum purposes (if an
inter-track wagering | ||||||
4 | location licensee is located in such a park district) | ||||||
5 | or
to conservation districts for museum purposes (if an | ||||||
6 | inter-track wagering
location licensee is located in a | ||||||
7 | municipality that is not included within any
park | ||||||
8 | district but is included within a conservation | ||||||
9 | district and is the county
seat of a county that (i) is | ||||||
10 | contiguous to the state of Indiana and (ii) has a
1990 | ||||||
11 | population of 88,257 according to the United States | ||||||
12 | Bureau of the Census,
except that if the conservation | ||||||
13 | district does not maintain a museum, the monies
shall | ||||||
14 | be allocated equally between the county and the | ||||||
15 | municipality in which the
inter-track wagering | ||||||
16 | location licensee is located for general purposes) or | ||||||
17 | to a
municipal recreation board for park purposes (if | ||||||
18 | an inter-track wagering
location licensee is located | ||||||
19 | in a municipality that is not included within any
park | ||||||
20 | district and park maintenance is the function of the | ||||||
21 | municipal recreation
board and the municipality has a | ||||||
22 | 1990 population of 9,302 according to the
United States | ||||||
23 | Bureau of the Census); provided that the monies are | ||||||
24 | distributed
to each park district or conservation | ||||||
25 | district or municipality that does not
have a park | ||||||
26 | district in an amount equal to four-sevenths of the |
| |||||||
| |||||||
1 | amount
collected by each inter-track wagering location | ||||||
2 | licensee within the park
district or conservation | ||||||
3 | district or municipality for the Fund. Monies that
were | ||||||
4 | paid into the Horse Racing Tax Allocation Fund before | ||||||
5 | the effective date
of this amendatory Act of 1991 by an | ||||||
6 | inter-track wagering location licensee
located in a | ||||||
7 | municipality that is not included within any park | ||||||
8 | district but is
included within a conservation | ||||||
9 | district as provided in this paragraph shall, as
soon | ||||||
10 | as practicable after the effective date of this | ||||||
11 | amendatory Act of 1991, be
allocated and paid to that | ||||||
12 | conservation district as provided in this paragraph.
| ||||||
13 | Any park district or municipality not maintaining a | ||||||
14 | museum may deposit the
monies in the corporate fund of | ||||||
15 | the park district or municipality where the
| ||||||
16 | inter-track wagering location is located, to be used | ||||||
17 | for general purposes;
and
| ||||||
18 | One-seventh to the Agricultural Premium Fund to be | ||||||
19 | used for distribution
to agricultural home economics | ||||||
20 | extension councils in accordance with "An
Act in | ||||||
21 | relation to additional support and finances for the | ||||||
22 | Agricultural and
Home Economic Extension Councils in | ||||||
23 | the several counties of this State and
making an | ||||||
24 | appropriation therefor", approved July 24, 1967.
| ||||||
25 | Until January 1, 2000, all other
monies paid into the | ||||||
26 | Horse Racing Tax
Allocation Fund pursuant to
this paragraph |
| |||||||
| |||||||
1 | (11) shall be allocated by appropriation as follows:
| ||||||
2 | Two-sevenths to the Department of Agriculture. | ||||||
3 | Fifty percent of this
two-sevenths shall be used to | ||||||
4 | promote the Illinois horse racing and breeding
| ||||||
5 | industry, and shall be distributed by the Department of | ||||||
6 | Agriculture upon the
advice of a 9-member committee | ||||||
7 | appointed by the Governor consisting of the
following | ||||||
8 | members: the Director of Agriculture, who shall serve | ||||||
9 | as chairman; 2
representatives of organization | ||||||
10 | licensees conducting thoroughbred race meetings
in | ||||||
11 | this State, recommended by those licensees; 2 | ||||||
12 | representatives of
organization licensees conducting | ||||||
13 | standardbred race meetings in this State,
recommended | ||||||
14 | by those licensees; a representative of the Illinois | ||||||
15 | Thoroughbred
Breeders and Owners Foundation, | ||||||
16 | recommended by that Foundation; a
representative of | ||||||
17 | the Illinois Standardbred Owners and Breeders | ||||||
18 | Association,
recommended by that Association; a | ||||||
19 | representative of the Horsemen's Benevolent
and | ||||||
20 | Protective Association or any successor organization | ||||||
21 | thereto established
in Illinois comprised of the | ||||||
22 | largest number of owners and trainers,
recommended by | ||||||
23 | that Association or that successor organization; and a
| ||||||
24 | representative of the Illinois Harness Horsemen's | ||||||
25 | Association, recommended by
that Association. | ||||||
26 | Committee members shall serve for terms of 2 years,
|
| |||||||
| |||||||
1 | commencing January 1 of each even-numbered year. If a | ||||||
2 | representative of any of
the above-named entities has | ||||||
3 | not been recommended by January 1 of any
even-numbered | ||||||
4 | year, the Governor shall appoint a committee member to | ||||||
5 | fill that
position. Committee members shall receive no | ||||||
6 | compensation for their services
as members but shall be | ||||||
7 | reimbursed for all actual and necessary expenses and
| ||||||
8 | disbursements incurred in the performance of their | ||||||
9 | official duties. The
remaining 50% of this | ||||||
10 | two-sevenths shall be distributed to county fairs for
| ||||||
11 | premiums and rehabilitation as set forth in the | ||||||
12 | Agricultural Fair Act;
| ||||||
13 | Four-sevenths to museums and aquariums located in | ||||||
14 | park districts of over
500,000 population; provided | ||||||
15 | that the monies are distributed in accordance with
the | ||||||
16 | previous year's distribution of the maintenance tax | ||||||
17 | for such museums and
aquariums as provided in Section 2 | ||||||
18 | of the Park District Aquarium and Museum
Act; and
| ||||||
19 | One-seventh to the Agricultural Premium Fund to be | ||||||
20 | used for distribution
to agricultural home economics | ||||||
21 | extension councils in accordance with "An Act
in | ||||||
22 | relation to additional support and finances for the | ||||||
23 | Agricultural and
Home Economic Extension Councils in | ||||||
24 | the several counties of this State and
making an | ||||||
25 | appropriation therefor", approved July 24, 1967.
This | ||||||
26 | subparagraph (C) shall be inoperative and of no force |
| |||||||
| |||||||
1 | and effect on and
after January 1, 2000.
| ||||||
2 | (D) Except as provided in paragraph (11) of this | ||||||
3 | subsection (h),
with respect to purse allocation from | ||||||
4 | intertrack wagering, the monies so
retained shall be | ||||||
5 | divided as follows:
| ||||||
6 | (i) If the inter-track wagering licensee, | ||||||
7 | except an intertrack
wagering licensee that | ||||||
8 | derives its license from an organization
licensee | ||||||
9 | located in a county with a population in excess of | ||||||
10 | 230,000 and bounded
by the Mississippi River, is | ||||||
11 | not conducting its own
race meeting during the same | ||||||
12 | dates, then the entire purse allocation shall be
to | ||||||
13 | purses at the track where the races wagered on are | ||||||
14 | being conducted.
| ||||||
15 | (ii) If the inter-track wagering licensee, | ||||||
16 | except an intertrack
wagering licensee that | ||||||
17 | derives its license from an organization
licensee | ||||||
18 | located in a county with a population in excess of | ||||||
19 | 230,000 and bounded
by the Mississippi River, is | ||||||
20 | also
conducting its own
race meeting during the | ||||||
21 | same dates, then the purse allocation shall be as
| ||||||
22 | follows: 50% to purses at the track where the races | ||||||
23 | wagered on are
being conducted; 50% to purses at | ||||||
24 | the track where the inter-track
wagering licensee | ||||||
25 | is accepting such wagers.
| ||||||
26 | (iii) If the inter-track wagering is being |
| |||||||
| |||||||
1 | conducted by an inter-track
wagering location | ||||||
2 | licensee, except an intertrack wagering location | ||||||
3 | licensee
that derives its license from an | ||||||
4 | organization licensee located in a
county with a | ||||||
5 | population in excess of 230,000 and bounded by the | ||||||
6 | Mississippi
River, the entire purse allocation for | ||||||
7 | Illinois races shall
be to purses at the track | ||||||
8 | where the race meeting being wagered on is being
| ||||||
9 | held.
| ||||||
10 | (12) The Board shall have all powers necessary and | ||||||
11 | proper to fully
supervise and control the conduct of
| ||||||
12 | inter-track wagering and simulcast
wagering by inter-track | ||||||
13 | wagering licensees and inter-track wagering location
| ||||||
14 | licensees, including, but not
limited to the following:
| ||||||
15 | (A) The Board is vested with power to promulgate | ||||||
16 | reasonable rules and
regulations for the purpose of | ||||||
17 | administering the
conduct of this
wagering and to | ||||||
18 | prescribe reasonable rules, regulations and conditions | ||||||
19 | under
which such wagering shall be held and conducted. | ||||||
20 | Such rules and regulations
are to provide for the | ||||||
21 | prevention of practices detrimental to the public
| ||||||
22 | interest and for
the best interests of said wagering | ||||||
23 | and to impose penalties
for violations thereof.
| ||||||
24 | (B) The Board, and any person or persons to whom it | ||||||
25 | delegates this
power, is vested with the power to enter | ||||||
26 | the
facilities of any licensee to determine whether |
| |||||||
| |||||||
1 | there has been
compliance with the provisions of this | ||||||
2 | Act and the rules and regulations
relating to the | ||||||
3 | conduct of such wagering.
| ||||||
4 | (C) The Board, and any person or persons to whom it | ||||||
5 | delegates this
power, may eject or exclude from any | ||||||
6 | licensee's facilities, any person whose
conduct or | ||||||
7 | reputation
is such that his presence on such premises | ||||||
8 | may, in the opinion of the Board,
call into the | ||||||
9 | question the honesty and integrity of, or interfere | ||||||
10 | with the
orderly conduct of such wagering; provided, | ||||||
11 | however, that no person shall
be excluded or ejected | ||||||
12 | from such premises solely on the grounds of race,
| ||||||
13 | color, creed, national origin, ancestry, or sex.
| ||||||
14 | (D) (Blank).
| ||||||
15 | (E) The Board is vested with the power to appoint | ||||||
16 | delegates to execute
any of the powers granted to it | ||||||
17 | under this Section for the purpose of
administering | ||||||
18 | this wagering and any
rules and
regulations
| ||||||
19 | promulgated in accordance with this Act.
| ||||||
20 | (F) The Board shall name and appoint a State | ||||||
21 | director of this wagering
who shall be a representative | ||||||
22 | of the Board and whose
duty it shall
be to supervise | ||||||
23 | the conduct of inter-track wagering as may be provided | ||||||
24 | for
by the rules and regulations of the Board; such | ||||||
25 | rules and regulation shall
specify the method of | ||||||
26 | appointment and the Director's powers, authority and
|
| |||||||
| |||||||
1 | duties.
| ||||||
2 | (G) The Board is vested with the power to impose | ||||||
3 | civil penalties of up
to $5,000 against individuals and | ||||||
4 | up to $10,000 against
licensees for each violation of | ||||||
5 | any provision of
this Act relating to the conduct of | ||||||
6 | this wagering, any
rules adopted
by the Board, any | ||||||
7 | order of the Board or any other action which in the | ||||||
8 | Board's
discretion, is a detriment or impediment to | ||||||
9 | such wagering.
| ||||||
10 | (13) The Department of Agriculture may enter into | ||||||
11 | agreements with
licensees authorizing such licensees to | ||||||
12 | conduct inter-track
wagering on races to be held at the | ||||||
13 | licensed race meetings conducted by the
Department of | ||||||
14 | Agriculture. Such
agreement shall specify the races of the | ||||||
15 | Department of Agriculture's
licensed race meeting upon | ||||||
16 | which the licensees will conduct wagering. In the
event | ||||||
17 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
18 | on races from the Illinois State Fair
or DuQuoin State Fair | ||||||
19 | which are in addition to the licensee's previously
approved | ||||||
20 | racing program, those races shall be considered a separate | ||||||
21 | racing day
for the
purpose of determining the daily handle | ||||||
22 | and computing the privilege or
pari-mutuel tax on
that | ||||||
23 | daily handle as provided in Sections 27
and 27.1. Such
| ||||||
24 | agreements shall be approved by the Board before such | ||||||
25 | wagering may be
conducted. In determining whether to grant | ||||||
26 | approval, the Board shall give
due consideration to the |
| |||||||
| |||||||
1 | best interests of the public and of horse racing.
The | ||||||
2 | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| ||||||
3 | subsection (h) of this
Section which are not specified in | ||||||
4 | this paragraph (13) shall not apply to
licensed race | ||||||
5 | meetings conducted by the Department of Agriculture at the
| ||||||
6 | Illinois State Fair in Sangamon County or the DuQuoin State | ||||||
7 | Fair in Perry
County, or to any wagering conducted on
those | ||||||
8 | race meetings.
| ||||||
9 | (i) Notwithstanding the other provisions of this Act, the | ||||||
10 | conduct of
wagering at wagering facilities is authorized on all | ||||||
11 | days, except as limited by
subsection (b) of Section 19 of this | ||||||
12 | Act.
| ||||||
13 | (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
| ||||||
14 | (230 ILCS 5/26.1)
(from Ch. 8, par. 37-26.1)
| ||||||
15 | Sec. 26.1. For all pari-mutuel wagering conducted pursuant | ||||||
16 | to this Act,
breakage shall be at all times computed on the | ||||||
17 | basis of not to exceed 10¢ on
the dollar. If there is a minus | ||||||
18 | pool, the breakage shall be computed on the
basis of not to | ||||||
19 | exceed 5¢ on the dollar. Breakage shall be calculated only
| ||||||
20 | after the amounts retained by licensees pursuant to Sections 26 | ||||||
21 | and 26.2 of
this Act, and all applicable surcharges, are taken | ||||||
22 | out of winning wagers and
winnings from wagers. From
Beginning
| ||||||
23 | January 1, 2000 until the first day electronic gaming is | ||||||
24 | conducted by an organization licensee , all breakage shall be | ||||||
25 | retained by licensees, with 50% of breakage to be
used by |
| |||||||
| |||||||
1 | licensees for racetrack improvements at the racetrack from | ||||||
2 | which the
wagering facility derives its license. The remaining | ||||||
3 | 50% is to be allocated
50% to the purse account for the | ||||||
4 | licensee from which the wagering facility
derives its license | ||||||
5 | and 50% to the licensee. Beginning on the first day electronic | ||||||
6 | gaming is conducted by an organization licensee, all
breakage | ||||||
7 | shall be retained by licensees, with 50% of breakage to be used | ||||||
8 | by
licensees for racetrack improvements at the racetrack from | ||||||
9 | which the wagering
facility derives its license. The remaining | ||||||
10 | 50% is to be allocated to the
purse account for the licensee | ||||||
11 | from which the wagering facility derives its
license.
| ||||||
12 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
13 | (230 ILCS 5/27) (from Ch. 8, par. 37-27)
| ||||||
14 | Sec. 27. (a) Beginning on the date an organization licensee | ||||||
15 | begins conducting electronic gaming pursuant to an electronic | ||||||
16 | gaming license, the following pari-mutuel tax is imposed upon | ||||||
17 | an organization licensee on Illinois races at that licensee's | ||||||
18 | race track as follows: | ||||||
19 | 1.5% of the pari-mutuel handle at or below the average | ||||||
20 | daily pari-mutuel handle for 2007. | ||||||
21 | 2% of the pari-mutuel handle above the average daily | ||||||
22 | pari-mutuel handle for 2007 up to 125% of the average daily | ||||||
23 | pari-mutuel handle for 2007. | ||||||
24 | 2.5% of the pari-mutuel handle 125% or more above the | ||||||
25 | average daily pari-mutuel handle for 2007 up to 150% of the |
| |||||||
| |||||||
1 | average daily pari-mutuel handle for 2007. | ||||||
2 | 3% of the pari-mutuel handle 150% or more above the | ||||||
3 | average daily pari-mutuel handle for 2007 up to 175% of the | ||||||
4 | average daily pari-mutuel handle for 2007. | ||||||
5 | 3.5% of the pari-mutuel handle 175% or more above the | ||||||
6 | average daily pari-mutuel handle for 2007. | ||||||
7 | The pari-mutuel tax imposed by this subsection (a) shall be | ||||||
8 | remitted to the Board within 48 hours after the close of the | ||||||
9 | racing day upon which it is assessed or within such other time | ||||||
10 | as the Board prescribes. In addition to the organization | ||||||
11 | license fee provided
by this Act, until January 1, 2000, a
| ||||||
12 | graduated privilege tax is hereby
imposed for conducting
the | ||||||
13 | pari-mutuel system of wagering permitted under this
Act. Until | ||||||
14 | January 1, 2000, except as provided in subsection (g) of
| ||||||
15 | Section 27 of this Act, all of
the breakage of each racing day | ||||||
16 | held by any licensee in the State shall be paid
to the State.
| ||||||
17 | Until January 1, 2000, such daily graduated privilege tax shall | ||||||
18 | be paid by
the
licensee from the amount permitted to be | ||||||
19 | retained under this Act.
Until January 1, 2000, each day's
| ||||||
20 | graduated privilege tax, breakage, and Horse Racing Tax | ||||||
21 | Allocation
funds shall be remitted to the Department of Revenue | ||||||
22 | within 48 hours after the
close of the racing day upon which it | ||||||
23 | is assessed or within such other time as
the Board prescribes. | ||||||
24 | The privilege tax hereby imposed, until January
1, 2000, shall | ||||||
25 | be a flat tax at
the rate of 2% of the daily pari-mutuel handle | ||||||
26 | except as provided in Section
27.1.
|
| |||||||
| |||||||
1 | In addition, every organization licensee, except as
| ||||||
2 | provided in Section 27.1 of this Act, which conducts multiple
| ||||||
3 | wagering shall pay, until January 1, 2000,
as a privilege tax | ||||||
4 | on multiple
wagers an amount
equal to 1.25% of all moneys | ||||||
5 | wagered each day on such multiple wagers,
plus an additional | ||||||
6 | amount equal to 3.5% of the amount wagered each day on any
| ||||||
7 | other multiple wager which involves a single
betting interest | ||||||
8 | on 3 or more horses. The licensee shall remit the amount of
| ||||||
9 | such taxes to the Department of Revenue within 48 hours after | ||||||
10 | the close of
the racing day on which it is assessed or within | ||||||
11 | such other time as the Board
prescribes.
| ||||||
12 | This subsection (a) shall be inoperative and of no force | ||||||
13 | and effect on and
after January 1, 2000.
| ||||||
14 | (a-5) Except as provided in this subsection (a-5) and | ||||||
15 | subsection (a) of this Section, Beginning on January 1, 2000, a
| ||||||
16 | flat
pari-mutuel tax at the rate of 1.5% of
the daily
| ||||||
17 | pari-mutuel handle is imposed on at all pari-mutuel wagering | ||||||
18 | facilities, except as otherwise provided for in this subsection | ||||||
19 | (a-5) . Until an organization licensee located in a county that | ||||||
20 | borders the Mississippi River and conducted live racing in the | ||||||
21 | previous year begins conducting electronic gaming pursuant an | ||||||
22 | electronic gaming license Beginning on the effective date of | ||||||
23 | this amendatory Act of the 94th General Assembly and until | ||||||
24 | moneys deposited pursuant to Section 54 are distributed and | ||||||
25 | received , a pari-mutuel tax at the rate of 0.25% of the daily | ||||||
26 | pari-mutuel handle is imposed on at a pari-mutuel wagering |
| |||||||
| |||||||
1 | conducted by that licensee facility whose license is derived | ||||||
2 | from a track located in a county that borders the Mississippi | ||||||
3 | River and conducted live racing in the previous year . When an | ||||||
4 | organization licensee located in a county that borders the | ||||||
5 | Mississippi River and conducted live racing in the previous | ||||||
6 | year begins conducting electronic gaming pursuant an | ||||||
7 | electronic gaming license After moneys deposited pursuant to | ||||||
8 | Section 54 are distributed and received , a pari-mutuel tax at | ||||||
9 | the rate of 1.5% of the daily pari-mutuel handle is imposed on | ||||||
10 | at a pari-mutuel wagering conducted by that licensee facility | ||||||
11 | whose license is derived from a track located in a county that | ||||||
12 | borders the Mississippi River and conducted live racing in the | ||||||
13 | previous year . The pari-mutuel tax imposed by this subsection | ||||||
14 | (a-5)
shall be remitted to the Department of
Revenue within 48 | ||||||
15 | hours after the close of the racing day upon which it is
| ||||||
16 | assessed or within such other time as the Board prescribes.
| ||||||
17 | (b) On or before December 31, 1999, in
the event that any | ||||||
18 | organization
licensee conducts
2 separate programs
of races on | ||||||
19 | any day, each such program shall be considered a separate
| ||||||
20 | racing day for purposes of determining the daily handle and | ||||||
21 | computing
the privilege tax on such daily handle as provided in | ||||||
22 | subsection (a) of
this Section.
| ||||||
23 | (c) Licensees shall at all times keep accurate
books
and | ||||||
24 | records of all monies wagered on each day of a race meeting and | ||||||
25 | of
the taxes paid to the Department of Revenue under the | ||||||
26 | provisions of this
Section. The Board or its duly authorized |
| |||||||
| |||||||
1 | representative or
representatives shall at all reasonable | ||||||
2 | times have access to such
records for the purpose of examining | ||||||
3 | and checking the same and
ascertaining whether the proper | ||||||
4 | amount of taxes is being paid as
provided. The Board shall | ||||||
5 | require verified reports and a statement of
the total of all | ||||||
6 | monies wagered daily at each wagering facility upon which
the | ||||||
7 | taxes are assessed and may prescribe forms upon which such | ||||||
8 | reports
and statement shall be made.
| ||||||
9 | (d) Any licensee failing or refusing to pay the amount
of | ||||||
10 | any tax due under this Section shall be guilty of a business | ||||||
11 | offense
and upon conviction shall be fined not more than $5,000 | ||||||
12 | in addition to
the amount found due as tax under this Section. | ||||||
13 | Each day's violation
shall constitute a separate offense. All | ||||||
14 | fines paid into Court by a licensee hereunder shall be | ||||||
15 | transmitted and paid over by
the Clerk of the Court to the | ||||||
16 | Board.
| ||||||
17 | (e) No other license fee, privilege tax, excise tax, or
| ||||||
18 | racing fee, except as provided in this Act, shall be assessed | ||||||
19 | or
collected from any such licensee by the State.
| ||||||
20 | (f) No other license fee, privilege tax, excise tax or | ||||||
21 | racing fee shall be
assessed or collected from any such | ||||||
22 | licensee by units of local government
except as provided in | ||||||
23 | paragraph 10.1 of subsection (h) and subsection (f) of
Section | ||||||
24 | 26 of this Act. However, any municipality that has a Board | ||||||
25 | licensed
horse race meeting at a race track wholly within its | ||||||
26 | corporate boundaries or a
township that has a Board licensed |
| |||||||
| |||||||
1 | horse race meeting at a race track wholly
within the | ||||||
2 | unincorporated area of the township may charge a local
| ||||||
3 | amusement tax not to exceed 10¢ per admission to such horse | ||||||
4 | race meeting
by the enactment of an ordinance. However, any | ||||||
5 | municipality or county
that has a Board licensed inter-track | ||||||
6 | wagering location facility wholly
within its corporate | ||||||
7 | boundaries may each impose an admission fee not
to exceed $1.00 | ||||||
8 | per admission to such inter-track wagering location facility,
| ||||||
9 | so that a total of not more than $2.00 per admission may be | ||||||
10 | imposed.
Except as provided in subparagraph (g) of Section 27 | ||||||
11 | of this Act, the
inter-track wagering location licensee shall | ||||||
12 | collect any and all such fees
and within 48 hours remit the | ||||||
13 | fees to the Board, which shall, pursuant to
rule, cause the | ||||||
14 | fees to be distributed to the county or municipality.
| ||||||
15 | (g) Notwithstanding any provision in this Act to the | ||||||
16 | contrary, if in any
calendar year the total taxes and fees from | ||||||
17 | wagering on live racing and from
inter-track wagering required | ||||||
18 | to be collected from
licensees and distributed under this Act | ||||||
19 | to all State and local governmental
authorities exceeds the | ||||||
20 | amount of such taxes and fees distributed to each State
and | ||||||
21 | local governmental authority to which each State and local | ||||||
22 | governmental
authority was entitled under this Act for calendar | ||||||
23 | year 1994, then the first
$11 million of that excess amount | ||||||
24 | shall be allocated at the earliest possible
date for | ||||||
25 | distribution as purse money for the succeeding calendar year.
| ||||||
26 | Upon reaching the 1994 level, and until the excess amount of |
| |||||||
| |||||||
1 | taxes and fees
exceeds $11 million, the Board shall direct all | ||||||
2 | licensees to cease paying the
subject taxes and fees and the | ||||||
3 | Board shall direct all licensees to allocate any such excess | ||||||
4 | amount for purses as
follows:
| ||||||
5 | (i) the excess amount shall be initially divided | ||||||
6 | between thoroughbred and
standardbred purses based on the | ||||||
7 | thoroughbred's and standardbred's respective
percentages | ||||||
8 | of total Illinois live wagering in calendar year 1994;
| ||||||
9 | (ii) each thoroughbred and standardbred organization | ||||||
10 | licensee issued an
organization licensee in that | ||||||
11 | succeeding allocation year shall
be
allocated an amount | ||||||
12 | equal to the product of its percentage of total
Illinois
| ||||||
13 | live thoroughbred or standardbred wagering in calendar | ||||||
14 | year 1994 (the total to
be determined based on the sum of | ||||||
15 | 1994 on-track wagering for all organization
licensees | ||||||
16 | issued organization licenses in both the allocation year | ||||||
17 | and the
preceding year) multiplied by
the total amount | ||||||
18 | allocated for standardbred or thoroughbred purses, | ||||||
19 | provided
that the first $1,500,000 of the amount allocated | ||||||
20 | to standardbred
purses under item (i) shall be allocated to | ||||||
21 | the Department of
Agriculture to be expended with the | ||||||
22 | assistance and advice of the Illinois
Standardbred | ||||||
23 | Breeders Funds Advisory Board for the purposes listed in
| ||||||
24 | subsection (g) of Section 31 of this Act, before the amount | ||||||
25 | allocated to
standardbred purses under item (i) is | ||||||
26 | allocated to standardbred
organization licensees in the |
| |||||||
| |||||||
1 | succeeding allocation year.
| ||||||
2 | To the extent the excess amount of taxes and fees to be | ||||||
3 | collected and
distributed to State and local governmental | ||||||
4 | authorities exceeds $11 million,
that excess amount shall be | ||||||
5 | collected and distributed to State and local
authorities as | ||||||
6 | provided for under this Act.
| ||||||
7 | (Source: P.A. 94-805, eff. 5-26-06.)
| ||||||
8 | (230 ILCS 5/28.1)
| ||||||
9 | Sec. 28.1. Payments.
| ||||||
10 | (a) Beginning on January 1, 2000, moneys collected by the | ||||||
11 | Department of
Revenue and the Racing Board pursuant to Section | ||||||
12 | 26 or Section 27
of this Act shall be deposited into the Horse | ||||||
13 | Racing Fund, which is hereby
created as a special fund in the | ||||||
14 | State Treasury.
| ||||||
15 | (b) Appropriations, as approved by the General
Assembly, | ||||||
16 | may be made from
the Horse Racing Fund to the Board to pay the
| ||||||
17 | salaries of the Board members, secretary, stewards,
directors | ||||||
18 | of mutuels, veterinarians, representatives, accountants,
| ||||||
19 | clerks, stenographers, inspectors and other employees of the | ||||||
20 | Board, and
all expenses of the Board incident to the | ||||||
21 | administration of this Act,
including, but not limited to, all | ||||||
22 | expenses and salaries incident to the
taking of saliva and | ||||||
23 | urine samples in accordance with the rules and
regulations of | ||||||
24 | the Board.
| ||||||
25 | (c) Beginning on January 1, 2000, the Board shall
transfer |
| |||||||
| |||||||
1 | the remainder of the funds
generated pursuant to Sections 26 | ||||||
2 | and 27 from the Horse Racing Fund into the
General Revenue | ||||||
3 | Fund.
| ||||||
4 | (d) Beginning January 1, 2000, payments to all programs in | ||||||
5 | existence on the
effective date of this amendatory Act of 1999 | ||||||
6 | that are identified in Sections
26(c), 26(f), 26(h)(11)(C), and | ||||||
7 | 28, subsections (a), (b), (c), (d), (e), (f),
(g), and (h) of | ||||||
8 | Section 30, and subsections (a), (b), (c), (d), (e), (f), (g),
| ||||||
9 | and (h) of Section 31 shall be made from the General Revenue | ||||||
10 | Fund at the
funding levels determined by amounts paid under | ||||||
11 | this Act in calendar year
1998. Beginning on the effective date | ||||||
12 | of this amendatory Act of the 93rd General Assembly, payments | ||||||
13 | to the Peoria Park District shall be made from the General | ||||||
14 | Revenue Fund at the funding level determined by amounts paid to | ||||||
15 | that park district for museum purposes under this Act in | ||||||
16 | calendar year 1994. Beginning on the effective date of this | ||||||
17 | amendatory Act of the 94th General Assembly, in lieu of | ||||||
18 | payments to the Champaign Park District for museum purposes, | ||||||
19 | payments to the Urbana Park District shall be made from the | ||||||
20 | General Revenue Fund at the funding level determined by amounts | ||||||
21 | paid to the Champaign Park District for museum purposes under | ||||||
22 | this Act in calendar year 2005.
| ||||||
23 | (e) Beginning July 1, 2006, the payment authorized under | ||||||
24 | subsection (d) to museums and aquariums located in park | ||||||
25 | districts of over 500,000 population shall be paid to museums, | ||||||
26 | aquariums, and zoos in amounts determined by Museums in the |
| |||||||
| |||||||
1 | Park, an association of museums, aquariums, and zoos located on | ||||||
2 | Chicago Park District property.
| ||||||
3 | (f) Beginning July 1, 2007, the Children's Discovery Museum | ||||||
4 | in Normal, Illinois shall receive payments from the General | ||||||
5 | Revenue Fund at the funding level determined by the amounts | ||||||
6 | paid to the Miller Park Zoo in Bloomington, Illinois under this | ||||||
7 | Section in calendar year 2006.
| ||||||
8 | (g) Notwithstanding any other provision of this Act to the | ||||||
9 | contrary,
moneys paid into the Illinois Colt Stakes | ||||||
10 | Distribution Fund may be distributed by the Department of | ||||||
11 | Agriculture to
Illinois county fairs to supplement premiums | ||||||
12 | offered in junior classes. | ||||||
13 | (Source: P.A. 94-813, eff. 5-26-06; 95-222, eff. 8-16-07.)
| ||||||
14 | (230 ILCS 5/30)
(from Ch. 8, par. 37-30)
| ||||||
15 | Sec. 30. (a) The General Assembly declares that it is the | ||||||
16 | policy of
this State to encourage the breeding of thoroughbred | ||||||
17 | horses in this
State and the ownership of such horses by | ||||||
18 | residents of this State in
order to provide for: sufficient | ||||||
19 | numbers of high quality thoroughbred
horses to participate in | ||||||
20 | thoroughbred racing meetings in this State,
and to establish | ||||||
21 | and preserve the agricultural and commercial benefits
of such | ||||||
22 | breeding and racing industries to the State of Illinois. It is
| ||||||
23 | the intent of the General Assembly to further this policy by | ||||||
24 | the
provisions of this Act.
| ||||||
25 | (b) Each organization licensee conducting a thoroughbred |
| |||||||
| |||||||
1 | racing meeting
pursuant to this Act shall provide at least two | ||||||
2 | races each day limited to
Illinois conceived and foaled horses | ||||||
3 | or Illinois foaled horses or both. A
minimum of 6 races shall | ||||||
4 | be conducted each week limited to Illinois conceived
and foaled | ||||||
5 | or Illinois foaled horses or both. Subject to the daily
| ||||||
6 | availability of horses, one of the 6 races scheduled per week | ||||||
7 | that are limited
to Illinois conceived and foaled or Illinois | ||||||
8 | foaled horses or both shall be
limited to Illinois conceived | ||||||
9 | and foaled or Illinois foaled maidens.
No horses shall be | ||||||
10 | permitted to start in such races unless duly registered
under | ||||||
11 | the rules of the Department of Agriculture.
| ||||||
12 | (c) Conditions of races under subsection (b) shall be | ||||||
13 | commensurate
with past performance, quality, and class of | ||||||
14 | Illinois conceived and foaled
and Illinois foaled horses
| ||||||
15 | available. If, however, sufficient competition cannot be had | ||||||
16 | among
horses of that class on any day, the races may, with | ||||||
17 | consent of the
Board, be eliminated for that day and substitute | ||||||
18 | races provided.
| ||||||
19 | (d) There is hereby created a special fund of the State | ||||||
20 | Treasury to be known
as the Illinois Thoroughbred Breeders | ||||||
21 | Fund.
| ||||||
22 | Except as provided in subsection (g) of Section 27 of this | ||||||
23 | Act, 8.5% of all
the monies received by the State as privilege | ||||||
24 | taxes on Thoroughbred racing
meetings shall be paid into the | ||||||
25 | Illinois Thoroughbred Breeders Fund.
| ||||||
26 | (e) The Illinois Thoroughbred Breeders Fund shall be |
| |||||||
| |||||||
1 | administered by
the Department of Agriculture
with the advice | ||||||
2 | and assistance of the
Advisory Board created in subsection (f) | ||||||
3 | of this Section.
| ||||||
4 | (f) The Illinois Thoroughbred Breeders Fund Advisory Board | ||||||
5 | shall
consist of the Director of the Department of Agriculture, | ||||||
6 | who shall
serve as Chairman; a member of the Illinois Racing | ||||||
7 | Board, designated by
it; 2 representatives of the organization | ||||||
8 | licensees
conducting thoroughbred
racing meetings, recommended | ||||||
9 | by them; 2 representatives of the Illinois
Thoroughbred | ||||||
10 | Breeders and Owners Foundation, recommended by it; and 2
| ||||||
11 | representatives of the Horsemen's Benevolent Protective | ||||||
12 | Association or any
successor organization established in | ||||||
13 | Illinois comprised of the largest number
of owners and | ||||||
14 | trainers,
recommended
by it, with one representative of the | ||||||
15 | Horsemen's Benevolent and Protective
Association to come from | ||||||
16 | its Illinois Division, and one from its Chicago
Division. | ||||||
17 | Advisory Board members shall serve for 2 years commencing | ||||||
18 | January 1
of each odd numbered year. If representatives of the | ||||||
19 | organization licensees
conducting thoroughbred racing | ||||||
20 | meetings, the Illinois Thoroughbred Breeders and
Owners | ||||||
21 | Foundation, and the Horsemen's Benevolent Protection | ||||||
22 | Association have
not been recommended by January 1, of each odd | ||||||
23 | numbered year, the Director of
the Department of Agriculture | ||||||
24 | shall make an appointment for the organization
failing to so | ||||||
25 | recommend a member of the Advisory Board. Advisory Board | ||||||
26 | members
shall receive no compensation for their services as |
| |||||||
| |||||||
1 | members but shall be
reimbursed for all actual and necessary | ||||||
2 | expenses and disbursements incurred in
the execution of their | ||||||
3 | official duties.
| ||||||
4 | (g)
No monies shall be expended from the Illinois
| ||||||
5 | Thoroughbred Breeders Fund except as appropriated by the | ||||||
6 | General
Assembly. Monies
appropriated from the Illinois | ||||||
7 | Thoroughbred Breeders Fund shall be expended by
the Department | ||||||
8 | of Agriculture, with the advice and assistance of the Illinois
| ||||||
9 | Thoroughbred Breeders Fund Advisory Board, for the following | ||||||
10 | purposes only:
| ||||||
11 | (1) To provide purse supplements to owners of horses | ||||||
12 | participating
in races limited to Illinois conceived and | ||||||
13 | foaled and Illinois foaled
horses. Any such purse | ||||||
14 | supplements shall not be included in and shall
be paid in | ||||||
15 | addition to any purses, stakes, or breeders' awards offered
| ||||||
16 | by each organization licensee as determined by agreement | ||||||
17 | between such
organization licensee and an organization | ||||||
18 | representing the horsemen. No
monies from the Illinois | ||||||
19 | Thoroughbred Breeders Fund shall be used to provide
purse | ||||||
20 | supplements for claiming races in which the minimum | ||||||
21 | claiming price is
less than $7,500.
| ||||||
22 | (2) To provide stakes and awards to be paid to the | ||||||
23 | owners of the
winning horses in certain races limited to | ||||||
24 | Illinois conceived and foaled
and Illinois foaled horses | ||||||
25 | designated as stakes races.
| ||||||
26 | (2.5) To provide an award to the owner or owners of an |
| |||||||
| |||||||
1 | Illinois
conceived and foaled or Illinois foaled horse that | ||||||
2 | wins a
maiden special weight, an allowance, overnight | ||||||
3 | handicap race, or
claiming race with claiming price of | ||||||
4 | $10,000 or more providing the race
is not restricted
to | ||||||
5 | Illinois conceived and foaled or Illinois foaled horses.
| ||||||
6 | Awards shall
also be provided to the owner or owners of | ||||||
7 | Illinois conceived and foaled and
Illinois foaled horses | ||||||
8 | that place second or third in those races. To the
extent
| ||||||
9 | that additional moneys are required to pay the minimum | ||||||
10 | additional awards of 40%
of the purse the horse earns for | ||||||
11 | placing first, second or third in those races
for Illinois | ||||||
12 | foaled horses and of 60% of the purse the horse earns for | ||||||
13 | placing
first, second or third in those races for Illinois
| ||||||
14 | conceived and foaled horses, those moneys shall be provided | ||||||
15 | from the purse
account at the track where earned.
| ||||||
16 | (3) To provide stallion awards to the owner or owners | ||||||
17 | of any stallion that
is duly registered with the Illinois | ||||||
18 | Thoroughbred Breeders Fund Program prior
to the effective | ||||||
19 | date of this amendatory Act of 1995 whose duly registered
| ||||||
20 | Illinois conceived and foaled offspring wins a race | ||||||
21 | conducted at an Illinois
thoroughbred racing meeting other | ||||||
22 | than a claiming race. Such award shall not be
paid to the | ||||||
23 | owner or owners of an Illinois stallion that served outside | ||||||
24 | this
State at any time during the calendar year in which | ||||||
25 | such race was conducted.
| ||||||
26 | (4) To provide $75,000 annually for purses to be
|
| |||||||
| |||||||
1 | distributed to
county fairs that provide for the running of | ||||||
2 | races during each county
fair exclusively for the | ||||||
3 | thoroughbreds conceived and foaled in
Illinois. The | ||||||
4 | conditions of the races shall be developed by the county
| ||||||
5 | fair association and reviewed by the Department with the | ||||||
6 | advice and
assistance of
the Illinois Thoroughbred | ||||||
7 | Breeders Fund Advisory Board. There shall be no
wagering of | ||||||
8 | any kind on the running
of
Illinois conceived and foaled | ||||||
9 | races at county fairs.
| ||||||
10 | (4.1)
To provide purse money for an Illinois stallion
| ||||||
11 | stakes program.
| ||||||
12 | (5) No less than 80% of all monies appropriated
from
| ||||||
13 | the
Illinois Thoroughbred Breeders Fund shall be expended | ||||||
14 | for the purposes in (1),
(2), (2.5), (3), (4), (4.1), and | ||||||
15 | (5) as shown above.
| ||||||
16 | (6) To provide for educational programs regarding the | ||||||
17 | thoroughbred
breeding industry.
| ||||||
18 | (7) To provide for research programs concerning the | ||||||
19 | health,
development and care of the thoroughbred horse.
| ||||||
20 | (8) To provide for a scholarship and training program | ||||||
21 | for students
of equine veterinary medicine.
| ||||||
22 | (9) To provide for dissemination of public information | ||||||
23 | designed to
promote the breeding of thoroughbred horses in | ||||||
24 | Illinois.
| ||||||
25 | (10) To provide for all expenses incurred in the | ||||||
26 | administration of
the Illinois Thoroughbred Breeders Fund.
|
| |||||||
| |||||||
1 | (h)
Whenever the Governor finds that the amount in the
| ||||||
2 | Illinois
Thoroughbred Breeders Fund is more than the total of | ||||||
3 | the outstanding
appropriations from such fund, the Governor | ||||||
4 | shall notify the State
Comptroller and the State Treasurer of | ||||||
5 | such fact. The Comptroller and
the State Treasurer, upon | ||||||
6 | receipt of such notification, shall transfer
such excess amount | ||||||
7 | from the Illinois Thoroughbred Breeders Fund to the
General | ||||||
8 | Revenue Fund.
| ||||||
9 | (i) A sum equal to 17%
12 1/2% of the first prize money of | ||||||
10 | every purse
won by an Illinois foaled or an Illinois conceived | ||||||
11 | and foaled horse in
races not limited to Illinois foaled horses | ||||||
12 | or Illinois conceived and
foaled horses, or both, shall be paid | ||||||
13 | by the organization licensee
conducting the horse race meeting. | ||||||
14 | Such sum shall be paid from the organization
licensee's share | ||||||
15 | of the money wagered as follows: 15%
11 1/2% to the breeder of
| ||||||
16 | the winning horse and 2%
1% to the organization representing | ||||||
17 | thoroughbred breeders
and owners whose representative serves | ||||||
18 | on the Illinois Thoroughbred Breeders
Fund Advisory Board for | ||||||
19 | verifying the amounts of breeders' awards earned,
assuring | ||||||
20 | their distribution in accordance with this Act, and servicing | ||||||
21 | and
promoting the Illinois thoroughbred horse racing industry. | ||||||
22 | The
organization representing thoroughbred breeders and owners | ||||||
23 | shall cause all
expenditures of monies received under this | ||||||
24 | subsection (i) to be audited
at least annually by a registered | ||||||
25 | public accountant. The organization
shall file copies of each | ||||||
26 | annual audit with the Racing Board, the Clerk of
the House of |
| |||||||
| |||||||
1 | Representatives and the Secretary of the Senate, and shall
make | ||||||
2 | copies of each annual audit available to the public upon | ||||||
3 | request
and upon payment of the reasonable cost of photocopying | ||||||
4 | the requested
number of copies. Such payments shall not reduce | ||||||
5 | any award to the owner of the
horse or reduce the taxes payable | ||||||
6 | under this Act. Upon completion of its
racing meet, each | ||||||
7 | organization licensee shall deliver to the organization
| ||||||
8 | representing thoroughbred breeders and owners whose | ||||||
9 | representative serves on
the Illinois Thoroughbred Breeders | ||||||
10 | Fund Advisory Board a listing of all the
Illinois foaled and | ||||||
11 | the Illinois conceived and foaled horses which won
breeders' | ||||||
12 | awards and the amount of such breeders' awards under this | ||||||
13 | subsection
to verify accuracy of payments and assure proper | ||||||
14 | distribution of breeders'
awards in accordance with the | ||||||
15 | provisions of this Act. Such payments shall be
delivered by the | ||||||
16 | organization licensee within 30 days of the end of each race
| ||||||
17 | meeting.
| ||||||
18 | (j) A sum equal to 17%
12 1/2% of the first prize money won | ||||||
19 | in each race
limited to Illinois foaled horses or Illinois | ||||||
20 | conceived and foaled
horses, or both, shall be paid in the | ||||||
21 | following manner by the
organization licensee conducting the | ||||||
22 | horse race meeting, from the
organization licensee's share of | ||||||
23 | the money wagered: 15%
11 1/2% to the breeders of
the horses in | ||||||
24 | each such race which are the official first, second, third
and | ||||||
25 | fourth finishers and 2%
1% to the organization representing | ||||||
26 | thoroughbred
breeders and owners whose representative serves |
| |||||||
| |||||||
1 | on the Illinois Thoroughbred
Breeders Fund Advisory Board for | ||||||
2 | verifying the amounts of breeders' awards
earned, assuring | ||||||
3 | their proper distribution in accordance with this Act, and
| ||||||
4 | servicing and promoting the Illinois thoroughbred horse racing | ||||||
5 | industry. The
organization representing thoroughbred breeders | ||||||
6 | and owners shall cause all
expenditures of monies received | ||||||
7 | under this subsection (j) to be audited
at least annually by a | ||||||
8 | registered public accountant. The organization
shall file | ||||||
9 | copies of each annual audit with the Racing Board, the Clerk of
| ||||||
10 | the House of Representatives and the Secretary of the Senate, | ||||||
11 | and shall
make copies of each annual audit available to the | ||||||
12 | public upon request
and upon payment of the reasonable cost of | ||||||
13 | photocopying the requested
number of copies.
| ||||||
14 | The 17%
11 1/2% paid to the breeders in accordance with | ||||||
15 | this subsection
shall be distributed as follows:
| ||||||
16 | (1) 60% of such sum shall be paid to the breeder of the | ||||||
17 | horse which
finishes in the official first position;
| ||||||
18 | (2) 20% of such sum shall be paid to the breeder of the | ||||||
19 | horse which
finishes in the official second position;
| ||||||
20 | (3) 15% of such sum shall be paid to the breeder of the | ||||||
21 | horse which
finishes in the official third position; and
| ||||||
22 | (4) 5% of such sum shall be paid to the breeder of the | ||||||
23 | horse which
finishes in the official fourth position.
| ||||||
24 | Such payments shall not reduce any award to the owners of a | ||||||
25 | horse or
reduce the taxes payable under this Act. Upon | ||||||
26 | completion of its racing meet,
each organization licensee shall |
| |||||||
| |||||||
1 | deliver to the organization representing
thoroughbred breeders | ||||||
2 | and owners whose representative serves on the Illinois
| ||||||
3 | Thoroughbred Breeders Fund Advisory Board a listing of all the | ||||||
4 | Illinois foaled
and the Illinois conceived and foaled horses | ||||||
5 | which won breeders' awards and the
amount of such breeders' | ||||||
6 | awards in accordance with the provisions of this Act.
Such | ||||||
7 | payments shall be delivered by the organization licensee within | ||||||
8 | 30 days of
the end of each race meeting.
| ||||||
9 | (k) The term "breeder", as used herein, means the owner of | ||||||
10 | the mare at the
time the foal is dropped. An "Illinois foaled | ||||||
11 | horse" is a foal dropped by a
mare which enters this State on | ||||||
12 | or before December 1, in the year in which the
horse is bred, | ||||||
13 | provided the mare remains continuously in
this State until its | ||||||
14 | foal is born. An "Illinois foaled horse" also means a foal
born | ||||||
15 | of a mare in the same year as the mare enters this State on or | ||||||
16 | before
March 1, and remains in this State at least 30 days | ||||||
17 | after foaling, is bred back
during the season of the foaling to | ||||||
18 | an Illinois Registered Stallion (unless a
veterinarian | ||||||
19 | certifies that the mare should not be bred for health reasons),
| ||||||
20 | and is not bred to a stallion standing in any other state | ||||||
21 | during the season of
foaling. An "Illinois foaled horse" also | ||||||
22 | means a foal born in Illinois of a
mare purchased at public | ||||||
23 | auction subsequent to the mare entering this State
prior to | ||||||
24 | March 1
February 1 of the foaling year providing the mare is
| ||||||
25 | owned solely by one or more Illinois residents or an Illinois | ||||||
26 | entity that is
entirely owned by one or more Illinois |
| |||||||
| |||||||
1 | residents.
| ||||||
2 | (l) The Department of Agriculture shall, by rule, with the | ||||||
3 | advice and
assistance of the Illinois Thoroughbred Breeders | ||||||
4 | Fund Advisory Board:
| ||||||
5 | (1) Qualify stallions for Illinois breeding; such | ||||||
6 | stallions to stand for
service within the State of Illinois | ||||||
7 | at the time of a foal's conception. Such
stallion must not | ||||||
8 | stand for service at any place outside the State of | ||||||
9 | Illinois
during the calendar year in which the foal is | ||||||
10 | conceived. The Department of
Agriculture may assess and | ||||||
11 | collect an application fee of up to
$500
fees for the | ||||||
12 | registration of each Illinois-eligible stallion
stallions . | ||||||
13 | All fees collected are to be paid into the Illinois
| ||||||
14 | Thoroughbred Breeders Fund and with the advice and | ||||||
15 | assistance of the Illinois Thoroughbred Breeders
Fund | ||||||
16 | Advisory Board shall be used for stallion awards .
| ||||||
17 | (2) Provide for the registration of Illinois conceived | ||||||
18 | and foaled
horses and Illinois foaled horses. No such horse | ||||||
19 | shall compete in
the races limited to Illinois conceived | ||||||
20 | and foaled horses or Illinois
foaled horses or both unless | ||||||
21 | registered with the Department of
Agriculture. The | ||||||
22 | Department of Agriculture may prescribe such forms as
are | ||||||
23 | necessary to determine the eligibility of such horses. The | ||||||
24 | Department of
Agriculture may assess and collect | ||||||
25 | application fees for the registration of
Illinois-eligible | ||||||
26 | foals. All fees collected are to be paid into the Illinois
|
| |||||||
| |||||||
1 | Thoroughbred Breeders Fund. No person
shall knowingly | ||||||
2 | prepare or cause preparation of an application for
| ||||||
3 | registration of such foals containing false information.
| ||||||
4 | (m) The Department of Agriculture, with the advice and | ||||||
5 | assistance of
the Illinois Thoroughbred Breeders Fund Advisory | ||||||
6 | Board, shall provide that certain races
limited to Illinois | ||||||
7 | conceived and foaled and Illinois foaled horses be
stakes races | ||||||
8 | and determine the total amount of stakes and awards to be paid
| ||||||
9 | to the owners of the winning horses in such races.
| ||||||
10 | In determining the stakes races and the amount of awards | ||||||
11 | for such races,
the Department of Agriculture shall consider | ||||||
12 | factors, including but not
limited to, the amount of money | ||||||
13 | appropriated for the Illinois Thoroughbred
Breeders Fund | ||||||
14 | program, organization licensees' contributions,
availability | ||||||
15 | of stakes caliber horses as demonstrated by past performances,
| ||||||
16 | whether the race can be coordinated into the proposed racing | ||||||
17 | dates within
organization licensees' racing dates, opportunity | ||||||
18 | for
colts and fillies
and various age groups to race, public | ||||||
19 | wagering on such races, and the
previous racing schedule.
| ||||||
20 | (n) The Board and the organizational licensee shall
notify | ||||||
21 | the Department of the conditions and minimum purses for races
| ||||||
22 | limited to Illinois conceived and foaled and Illinois foaled | ||||||
23 | horses
conducted for each organizational licensee conducting a | ||||||
24 | thoroughbred racing
meeting. The Department of Agriculture | ||||||
25 | with the advice and assistance of
the Illinois Thoroughbred | ||||||
26 | Breeders Fund Advisory Board may allocate monies
for purse |
| |||||||
| |||||||
1 | supplements for such races. In determining whether to allocate
| ||||||
2 | money and the amount, the Department of Agriculture shall | ||||||
3 | consider factors,
including but not limited to, the amount of | ||||||
4 | money appropriated for the
Illinois Thoroughbred Breeders Fund | ||||||
5 | program, the number of races that may
occur, and the | ||||||
6 | organizational licensee's purse structure.
| ||||||
7 | (o) (Blank).
In order to improve the breeding quality of | ||||||
8 | thoroughbred
horses in the
State, the General Assembly | ||||||
9 | recognizes that existing provisions of this Section
to | ||||||
10 | encourage such quality breeding need to be revised and | ||||||
11 | strengthened. As
such, a Thoroughbred Breeder's Program Task | ||||||
12 | Force is to be appointed by the
Governor by September 1, 1999 | ||||||
13 | to make recommendations to the General Assembly
by no later | ||||||
14 | than March 1, 2000. This task force is to be composed of 2
| ||||||
15 | representatives from the Illinois Thoroughbred Breeders and | ||||||
16 | Owners Foundation,
2 from the Illinois Thoroughbred Horsemen's | ||||||
17 | Association, 3 from Illinois race
tracks operating | ||||||
18 | thoroughbred race meets for an average of at least 30 days in
| ||||||
19 | the past 3 years, the Director of Agriculture, the Executive | ||||||
20 | Director of the
Racing Board, who shall serve as Chairman.
| ||||||
21 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
22 | (230 ILCS 5/30.5)
| ||||||
23 | Sec. 30.5. Illinois Quarter Horse Breeders Fund.
| ||||||
24 | (a) The General Assembly declares that it is the policy of | ||||||
25 | this State to
encourage the breeding of racing quarter horses |
| |||||||
| |||||||
1 | in this State and the ownership
of such horses by residents of | ||||||
2 | this State in order to provide for sufficient
numbers of high | ||||||
3 | quality racing quarter horses in this State and to establish
| ||||||
4 | and
preserve the agricultural and commercial benefits of such | ||||||
5 | breeding and racing
industries to the State of Illinois. It is | ||||||
6 | the intent of the General Assembly
to
further this policy by | ||||||
7 | the provisions of this Act.
| ||||||
8 | (b) There is hereby created a special fund in the State | ||||||
9 | Treasury to be
known as the Illinois Racing Quarter Horse | ||||||
10 | Breeders Fund. Except as provided
in
subsection (g) of Section | ||||||
11 | 27 of this Act, 8.5% of all the moneys received by
the
State as | ||||||
12 | pari-mutuel taxes on quarter horse racing shall be paid into | ||||||
13 | the
Illinois
Racing Quarter Horse Breeders Fund.
| ||||||
14 | (c) The Illinois Racing Quarter Horse Breeders Fund shall | ||||||
15 | be administered
by the Department of Agriculture with the | ||||||
16 | advice and assistance of the Advisory
Board created in | ||||||
17 | subsection (d) of this Section.
| ||||||
18 | (d) The Illinois Racing Quarter Horse Breeders Fund | ||||||
19 | Advisory Board shall
consist of the Director of the Department | ||||||
20 | of Agriculture, who shall serve as
Chairman; a member of the | ||||||
21 | Illinois Racing Board, designated by it; one
representative of | ||||||
22 | the organization licensees conducting pari-mutuel
quarter | ||||||
23 | horse racing meetings,
recommended by them; 2 representatives | ||||||
24 | of the Illinois Running Quarter Horse
Association, recommended | ||||||
25 | by it; and the Superintendent of Fairs and Promotions
from the | ||||||
26 | Department of Agriculture. Advisory Board members shall serve |
| |||||||
| |||||||
1 | for 2
years commencing January 1 of each odd numbered year. If | ||||||
2 | representatives have
not
been recommended by January 1 of each | ||||||
3 | odd numbered year, the Director of the
Department of | ||||||
4 | Agriculture may make an appointment for the organization | ||||||
5 | failing
to
so recommend a member of the Advisory Board. | ||||||
6 | Advisory Board members shall
receive
no compensation for their | ||||||
7 | services as members but may be reimbursed for all
actual and | ||||||
8 | necessary expenses and disbursements incurred in the execution | ||||||
9 | of
their official duties.
| ||||||
10 | (e)
No moneys shall be expended from the Illinois Racing | ||||||
11 | Quarter Horse
Breeders Fund except as appropriated by the | ||||||
12 | General Assembly. Moneys
appropriated
from the Illinois Racing | ||||||
13 | Quarter Horse Breeders Fund shall be expended by the
Department | ||||||
14 | of Agriculture, with the advice and assistance of the Illinois
| ||||||
15 | Racing
Quarter Horse Breeders Fund Advisory Board, for the | ||||||
16 | following purposes only:
| ||||||
17 | (1) To provide stakes and awards to be paid to the
| ||||||
18 | owners of the winning horses in certain races. This | ||||||
19 | provision
is limited to Illinois conceived and foaled | ||||||
20 | horses.
| ||||||
21 | (2) To provide an award to the owner or owners of an | ||||||
22 | Illinois
conceived and foaled horse that wins a race when | ||||||
23 | pari-mutuel wagering is
conducted; providing the race is | ||||||
24 | not restricted to Illinois conceived and
foaled horses.
| ||||||
25 | (3) To provide purse money for an Illinois stallion | ||||||
26 | stakes program.
|
| |||||||
| |||||||
1 | (4) To provide for purses to be distributed for the | ||||||
2 | running of races
during the Illinois State Fair and the | ||||||
3 | DuQuoin State Fair exclusively for
quarter horses | ||||||
4 | conceived and foaled in Illinois.
| ||||||
5 | (5) To provide for purses to be distributed for the | ||||||
6 | running of races
at Illinois county fairs exclusively for | ||||||
7 | quarter horses conceived and foaled
in Illinois.
| ||||||
8 | (6) To provide for purses to be distributed for running | ||||||
9 | races
exclusively for quarter horses conceived and foaled | ||||||
10 | in Illinois at locations
in Illinois determined by the | ||||||
11 | Department of Agriculture with advice and
consent of the | ||||||
12 | Racing Quarter Horse Breeders Fund Advisory Board.
| ||||||
13 | (7) No less than 90% of all moneys appropriated from | ||||||
14 | the Illinois
Racing Quarter Horse Breeders Fund shall be | ||||||
15 | expended for the purposes in
items (1), (2), (3), (4), and | ||||||
16 | (5) of this subsection (e).
| ||||||
17 | (8) To provide for research programs concerning the | ||||||
18 | health,
development, and care of racing quarter horses.
| ||||||
19 | (9) To provide for dissemination of public information | ||||||
20 | designed to
promote the breeding of racing quarter horses | ||||||
21 | in Illinois.
| ||||||
22 | (10) To provide for expenses incurred in the | ||||||
23 | administration of the
Illinois Racing Quarter Horse | ||||||
24 | Breeders Fund.
| ||||||
25 | (f) The Department of Agriculture shall, by rule, with the | ||||||
26 | advice and
assistance of the Illinois Racing Quarter Horse |
| |||||||
| |||||||
1 | Breeders Fund Advisory Board:
| ||||||
2 | (1) Qualify stallions for Illinois breeding; such | ||||||
3 | stallions to stand
for service within the State of | ||||||
4 | Illinois, at the time of a foal's
conception. Such stallion | ||||||
5 | must not stand for service at any place outside
the State | ||||||
6 | of Illinois during the calendar year in which the foal is
| ||||||
7 | conceived. The Department of Agriculture may assess and | ||||||
8 | collect application
fees for the registration of | ||||||
9 | Illinois-eligible stallions. All fees collected
are to be | ||||||
10 | paid into the Illinois Racing Quarter Horse Breeders Fund.
| ||||||
11 | (2) Provide for the registration of Illinois conceived | ||||||
12 | and foaled
horses. No such horse shall compete in the races | ||||||
13 | limited to Illinois
conceived and foaled horses unless it | ||||||
14 | is registered with the Department of
Agriculture. The | ||||||
15 | Department of Agriculture may prescribe such forms as are
| ||||||
16 | necessary to determine the eligibility of such horses. The | ||||||
17 | Department of
Agriculture may assess and collect | ||||||
18 | application fees for the registration of
Illinois-eligible | ||||||
19 | foals. All fees collected are to be paid into the Illinois
| ||||||
20 | Racing Quarter Horse Breeders Fund. No person shall | ||||||
21 | knowingly prepare or
cause preparation of an application | ||||||
22 | for registration of such foals that
contains false | ||||||
23 | information.
| ||||||
24 | (3) Allow 150 days after the effective date of this | ||||||
25 | amendatory Act of the 95th General Assembly to grandfather | ||||||
26 | any quarter horse conceived and foaled in Illinois into the |
| |||||||
| |||||||
1 | Illinois Racing Quarter Horse Breeders Fund Program of the | ||||||
2 | Illinois Department of Agriculture. | ||||||
3 | (g) The Department of Agriculture, with the advice and | ||||||
4 | assistance of the
Illinois Racing Quarter Horse Breeders Fund | ||||||
5 | Advisory Board, shall provide that
certain races limited to | ||||||
6 | Illinois conceived and foaled be stakes races and
determine the | ||||||
7 | total amount of stakes and awards to be paid to the owners of | ||||||
8 | the
winning horses in such races.
| ||||||
9 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
10 | (230 ILCS 5/31)
(from Ch. 8, par. 37-31)
| ||||||
11 | Sec. 31. (a) The General Assembly declares that it is the | ||||||
12 | policy of
this State to encourage the breeding of standardbred | ||||||
13 | horses in this
State and the ownership of such horses by | ||||||
14 | residents of this State in
order to provide for: sufficient | ||||||
15 | numbers of high quality standardbred
horses to participate in | ||||||
16 | harness racing meetings in this State, and to
establish and | ||||||
17 | preserve the agricultural and commercial benefits of such
| ||||||
18 | breeding and racing industries to the State of Illinois. It is | ||||||
19 | the
intent of the General Assembly to further this policy by | ||||||
20 | the provisions
of this Section of this Act.
| ||||||
21 | (b) Each organization licensee conducting a harness
racing | ||||||
22 | meeting pursuant to this Act shall provide for at least two | ||||||
23 | races each
race program limited to
Illinois conceived and | ||||||
24 | foaled horses. A minimum of 6 races shall be
conducted each | ||||||
25 | week limited to Illinois conceived and foaled horses. No
horses |
| |||||||
| |||||||
1 | shall be permitted to start in such races unless duly | ||||||
2 | registered
under the rules of the Department of Agriculture.
| ||||||
3 | (b-5) Each organization licensee conducting a harness | ||||||
4 | racing meeting
pursuant to this Act shall provide stakes races | ||||||
5 | and early closer races for
Illinois conceived and foaled horses | ||||||
6 | so the total purses distributed for such
races shall be no less | ||||||
7 | than an amount equal to (i) the total of the horsemen's | ||||||
8 | payments and entry fees, plus (ii) 17% of the total purses | ||||||
9 | distributed at the meeting.
| ||||||
10 | (b-10) Each organization licensee conducting a harness | ||||||
11 | racing meeting
pursuant to this Act shall provide an owner | ||||||
12 | award to be paid from the purse
account equal to 25% of the | ||||||
13 | amount earned by Illinois conceived and foaled
horses in races | ||||||
14 | that are not restricted to Illinois conceived and foaled
| ||||||
15 | horses.
| ||||||
16 | (c) Conditions of races under subsection (b) shall be | ||||||
17 | commensurate
with past performance, quality and class of | ||||||
18 | Illinois conceived and
foaled horses available. If, however, | ||||||
19 | sufficient competition cannot be
had among horses of that class | ||||||
20 | on any day, the races may, with consent
of the Board, be | ||||||
21 | eliminated for that day and substitute races provided.
| ||||||
22 | (d) There is hereby created a special fund of the State | ||||||
23 | Treasury to
be known as the Illinois Standardbred Breeders | ||||||
24 | Fund.
| ||||||
25 | During the calendar year 1981, and each year thereafter, | ||||||
26 | except as provided
in subsection (g) of Section 27 of this Act, |
| |||||||
| |||||||
1 | eight and one-half
per cent of all the monies received by the | ||||||
2 | State as privilege taxes on
harness racing meetings shall be | ||||||
3 | paid into the Illinois Standardbred
Breeders Fund.
| ||||||
4 | (e) The Illinois Standardbred Breeders Fund shall be | ||||||
5 | administered by
the Department of Agriculture with the | ||||||
6 | assistance and advice of the
Advisory Board created in | ||||||
7 | subsection (f) of this Section.
| ||||||
8 | (f) The Illinois Standardbred Breeders Fund Advisory Board | ||||||
9 | is hereby
created. The Advisory Board shall consist of the | ||||||
10 | Director of the
Department of Agriculture, who shall serve as | ||||||
11 | Chairman; the
Superintendent of the Illinois State Fair; a | ||||||
12 | member of the Illinois
Racing Board, designated by it; a | ||||||
13 | representative of the Illinois
Standardbred Owners and | ||||||
14 | Breeders Association, recommended by it; a
representative of | ||||||
15 | the Illinois Association of Agricultural Fairs,
recommended by | ||||||
16 | it, such representative to be from a fair at which
Illinois | ||||||
17 | conceived and foaled racing is conducted; a representative of
| ||||||
18 | the organization licensees conducting harness racing
meetings, | ||||||
19 | recommended by them
and a representative of the Illinois | ||||||
20 | Harness Horsemen's Association,
recommended by it. Advisory | ||||||
21 | Board members shall serve for 2 years
commencing January 1, of | ||||||
22 | each odd numbered year. If representatives of
the Illinois | ||||||
23 | Standardbred Owners and Breeders Associations, the Illinois
| ||||||
24 | Association of Agricultural Fairs, the Illinois Harness | ||||||
25 | Horsemen's
Association, and the organization licensees | ||||||
26 | conducting
harness racing meetings
have not been recommended by |
| |||||||
| |||||||
1 | January 1, of each odd numbered year, the
Director of the | ||||||
2 | Department of Agriculture shall make an appointment for
the | ||||||
3 | organization failing to so recommend a member of the Advisory | ||||||
4 | Board.
Advisory Board members shall receive no compensation for | ||||||
5 | their services
as members but shall be reimbursed for all | ||||||
6 | actual and necessary expenses
and disbursements incurred in the | ||||||
7 | execution of their official duties.
| ||||||
8 | (g)
No monies shall be expended from the Illinois | ||||||
9 | Standardbred
Breeders Fund except as appropriated by the | ||||||
10 | General Assembly. Monies
appropriated from the Illinois | ||||||
11 | Standardbred Breeders Fund shall be
expended by the Department | ||||||
12 | of Agriculture, with the assistance and
advice of the Illinois | ||||||
13 | Standardbred Breeders Fund Advisory Board for the
following | ||||||
14 | purposes only:
| ||||||
15 | 1. To provide purses for races limited to Illinois | ||||||
16 | conceived and
foaled horses at the State Fair and the | ||||||
17 | DuQuoin State Fair .
| ||||||
18 | 2. To provide purses for races limited to Illinois | ||||||
19 | conceived and
foaled horses at county fairs.
| ||||||
20 | 3. To provide purse supplements for races limited to | ||||||
21 | Illinois
conceived and foaled horses conducted by | ||||||
22 | associations conducting harness
racing meetings.
| ||||||
23 | 4. No less than 75% of all monies in the Illinois | ||||||
24 | Standardbred
Breeders Fund shall be expended for purses in | ||||||
25 | 1, 2 and 3 as shown above.
| ||||||
26 | 4.5. To provide for bonus programs to pay owners of |
| |||||||
| |||||||
1 | horses that win multiple stake races that are restricted to | ||||||
2 | Illinois conceived and foaled horses.
| ||||||
3 | 5. In the discretion of the Department of Agriculture | ||||||
4 | to provide
awards to harness breeders of Illinois conceived | ||||||
5 | and foaled horses which
win races conducted by organization | ||||||
6 | licensees
conducting harness racing meetings.
A breeder is | ||||||
7 | the owner of a mare at the time of conception. No more
than | ||||||
8 | 10% of all monies appropriated from the Illinois
| ||||||
9 | Standardbred Breeders Fund shall
be expended for such | ||||||
10 | harness breeders awards. No more than 25% of the
amount | ||||||
11 | expended for harness breeders awards shall be expended for
| ||||||
12 | expenses incurred in the administration of such harness | ||||||
13 | breeders awards.
| ||||||
14 | 6. To pay for the improvement of racing facilities | ||||||
15 | located at the
State Fair and County fairs.
| ||||||
16 | 7. To pay the expenses incurred in the administration | ||||||
17 | of the
Illinois Standardbred Breeders Fund.
| ||||||
18 | 8. To promote the sport of harness racing , including | ||||||
19 | grants up to a
maximum of $7,500 per fair per year for the | ||||||
20 | cost of a totalizator system to be
used for conducting | ||||||
21 | pari-mutuel wagering during the advertised dates of a
| ||||||
22 | county fair .
| ||||||
23 | (h)
Whenever the Governor finds that the amount in the | ||||||
24 | Illinois
Standardbred Breeders Fund is more than the total of | ||||||
25 | the outstanding
appropriations from such fund, the Governor | ||||||
26 | shall notify the State
Comptroller and the State Treasurer of |
| |||||||
| |||||||
1 | such fact. The Comptroller and
the State Treasurer, upon | ||||||
2 | receipt of such notification, shall transfer
such excess amount | ||||||
3 | from the Illinois Standardbred Breeders Fund to the
General | ||||||
4 | Revenue Fund.
| ||||||
5 | (i) A sum equal to 12 1/2% of the first prize money of the | ||||||
6 | gross
every purse
won by an Illinois conceived and foaled horse | ||||||
7 | shall be paid by the
organization licensee conducting the horse | ||||||
8 | race meeting to the breeder
of such winning horse from the | ||||||
9 | organization licensee's account
share of
the money wagered . | ||||||
10 | Such payment shall not reduce any award to the owner of
the | ||||||
11 | horse or reduce the taxes payable under this Act. Such payment | ||||||
12 | shall be
delivered by the organization licensee at the end of | ||||||
13 | each month
race
meeting .
| ||||||
14 | (j) The Department of Agriculture shall, by rule, with the | ||||||
15 | assistance and
advice of the Illinois Standardbred Breeders | ||||||
16 | Fund Advisory Board:
| ||||||
17 | 1. Qualify stallions for Illinois Standardbred Breeders | ||||||
18 | Fund breeding; such
stallion shall be owned by a resident of | ||||||
19 | the State of Illinois or by an
Illinois corporation all of | ||||||
20 | whose shareholders, directors, officers and
incorporators are | ||||||
21 | residents of the State of Illinois. Such stallion shall
stand | ||||||
22 | for service at and within the State of Illinois at the time of | ||||||
23 | a foal's
conception, and such stallion must not stand for | ||||||
24 | service at any place, nor
may semen from such stallion be | ||||||
25 | transported, outside the State of Illinois
during that calendar | ||||||
26 | year in which the foal is conceived and that the owner of
the |
| |||||||
| |||||||
1 | stallion was for the 12 months prior, a resident of Illinois. | ||||||
2 | The articles
of agreement of any partnership, joint venture, | ||||||
3 | limited partnership, syndicate,
association or corporation and | ||||||
4 | any bylaws and stock
certificates must contain a restriction | ||||||
5 | that provides that the ownership or
transfer of interest by any | ||||||
6 | one of the persons a party to the agreement can
only be made to | ||||||
7 | a person who qualifies as an Illinois resident.
Foals conceived | ||||||
8 | outside the State of Illinois from shipped semen from a
| ||||||
9 | stallion qualified for breeders' awards under this Section are
| ||||||
10 | not eligible to participate in the Illinois conceived and | ||||||
11 | foaled program.
| ||||||
12 | 2. Provide for the registration of Illinois conceived and | ||||||
13 | foaled
horses and no such horse shall compete in the races | ||||||
14 | limited to Illinois
conceived and foaled horses unless | ||||||
15 | registered with the Department of
Agriculture. The Department | ||||||
16 | of Agriculture may prescribe such forms as
may be necessary to | ||||||
17 | determine the eligibility of such horses. No person
shall | ||||||
18 | knowingly prepare or cause preparation of an application for
| ||||||
19 | registration of such foals containing false information.
A mare | ||||||
20 | (dam) must be in the state at least 30 days prior to foaling or
| ||||||
21 | remain in the State at least 30 days at the time of foaling.
| ||||||
22 | Beginning with the 1996 breeding season and for foals of 1997 | ||||||
23 | and thereafter,
a foal conceived in the State of Illinois by | ||||||
24 | transported fresh semen may be
eligible for Illinois
conceived | ||||||
25 | and foaled registration provided all breeding and foaling
| ||||||
26 | requirements are met. The stallion must be qualified for |
| |||||||
| |||||||
1 | Illinois Standardbred
Breeders Fund breeding at the time of | ||||||
2 | conception and the mare must be
inseminated within the State of | ||||||
3 | Illinois. The foal must be dropped in Illinois
and properly | ||||||
4 | registered with the Department of Agriculture in accordance | ||||||
5 | with
this Act.
| ||||||
6 | 3. Provide that at least a 5 day racing program shall be | ||||||
7 | conducted
at the State Fair each year, which program shall | ||||||
8 | include at least the
following races limited to Illinois | ||||||
9 | conceived and foaled horses: (a) a
two year old Trot and Pace, | ||||||
10 | and Filly Division of each; (b) a three
year old Trot and Pace, | ||||||
11 | and Filly Division of each; (c) an aged Trot and Pace,
and Mare | ||||||
12 | Division of each.
| ||||||
13 | 4. Provide for the payment of nominating, sustaining and | ||||||
14 | starting
fees for races promoting the sport of harness racing | ||||||
15 | and for the races
to be conducted at the State Fair as provided | ||||||
16 | in
subsection (j) 3 of this Section provided that the | ||||||
17 | nominating,
sustaining and starting payment required from an | ||||||
18 | entrant shall not
exceed 2% of the purse of such race. All | ||||||
19 | nominating, sustaining and
starting payments shall be held for | ||||||
20 | the benefit of entrants and shall be
paid out as part of the | ||||||
21 | respective purses for such races.
Nominating, sustaining and | ||||||
22 | starting fees shall be held in trust accounts
for the purposes | ||||||
23 | as set forth in this Act and in accordance with Section
205-15 | ||||||
24 | of the Department of Agriculture Law (20 ILCS
205/205-15).
| ||||||
25 | 5. Provide for the registration with the Department of | ||||||
26 | Agriculture
of Colt Associations or county fairs desiring to |
| |||||||
| |||||||
1 | sponsor races at county
fairs.
| ||||||
2 | (k) The Department of Agriculture, with the advice and | ||||||
3 | assistance of the
Illinois
Standardbred Breeders Fund Advisory | ||||||
4 | Board, may allocate monies for purse
supplements for such | ||||||
5 | races. In determining whether to allocate money and
the amount, | ||||||
6 | the Department
of Agriculture shall consider factors, | ||||||
7 | including but not limited to, the
amount of money appropriated | ||||||
8 | for the Illinois Standardbred Breeders Fund
program, the number | ||||||
9 | of races that may occur, and an organizational
licensee's purse | ||||||
10 | structure. The organizational licensee shall notify the
| ||||||
11 | Department of Agriculture of the conditions and minimum purses | ||||||
12 | for races
limited to Illinois conceived and foaled horses to be | ||||||
13 | conducted by each
organizational licensee conducting a harness | ||||||
14 | racing meeting for which purse
supplements have been | ||||||
15 | negotiated.
| ||||||
16 | (l) All races held at county fairs and the State Fair which | ||||||
17 | receive funds
from the Illinois Standardbred Breeders Fund | ||||||
18 | shall be conducted in
accordance with the rules of the United | ||||||
19 | States Trotting Association unless
otherwise modified by the | ||||||
20 | Department of Agriculture.
| ||||||
21 | (m) At all standardbred race meetings held or conducted | ||||||
22 | under authority of a
license granted by the Board, and at all | ||||||
23 | standardbred races held at county
fairs which are approved by | ||||||
24 | the Department of Agriculture or at the
Illinois or DuQuoin | ||||||
25 | State Fairs, no one shall jog, train, warm up or drive
a | ||||||
26 | standardbred horse unless he or she is wearing a protective |
| |||||||
| |||||||
1 | safety helmet,
with the
chin strap fastened and in place, which | ||||||
2 | meets the standards and
requirements as set forth in the 1984 | ||||||
3 | Standard for Protective Headgear for
Use in Harness Racing and | ||||||
4 | Other Equestrian Sports published by the Snell
Memorial | ||||||
5 | Foundation, or any standards and requirements for headgear the
| ||||||
6 | Illinois Racing Board may approve. Any other standards and | ||||||
7 | requirements so
approved by the Board shall equal or exceed | ||||||
8 | those published by the Snell
Memorial Foundation. Any | ||||||
9 | equestrian helmet bearing the Snell label shall
be deemed to | ||||||
10 | have met those standards and requirements.
| ||||||
11 | (Source: P.A. 91-239, eff. 1-1-00.)
| ||||||
12 | (230 ILCS 5/31.2 new)
| ||||||
13 | Sec. 31.2. Racing Industry Workers' Trust Fund; advisory | ||||||
14 | board. | ||||||
15 | (a) The General Assembly finds that backstretch workers | ||||||
16 | play a critical role in the success and prosperity of the | ||||||
17 | racing industry. The General Assembly finds that there is a | ||||||
18 | need to improve the quality and viability of live racing in | ||||||
19 | Illinois by providing new resources to increase purse sizes and | ||||||
20 | to improve race track facilities. The General Assembly finds | ||||||
21 | that there is a concomitant responsibility and duty to address | ||||||
22 | the human service and housing needs of backstretch workers. | ||||||
23 | (b) There is hereby created a non-appropriated trust fund | ||||||
24 | to be known as the Racing Industry Workers' Trust Fund, which | ||||||
25 | is administered by the Board and held separate and apart from |
| |||||||
| |||||||
1 | State moneys. The Fund shall consist of moneys paid into it | ||||||
2 | under subsection (b) of Section 56 of this Act.
| ||||||
3 | (c) The Board is authorized to use funds in the Racing | ||||||
4 | Industry Workers' Trust Fund to fund programs and initiatives | ||||||
5 | that improve the quality of life of backstretch workers. | ||||||
6 | Initiatives funded by the Board shall address needs such as | ||||||
7 | illiteracy, substance dependence, primary health care, child | ||||||
8 | care, housing, and any other social service need determined by | ||||||
9 | the Board. | ||||||
10 | (d) On December 31st of each year the Board shall report to | ||||||
11 | the General Assembly and the Governor on the programs funded by | ||||||
12 | the Board during the preceding fiscal year, the number of | ||||||
13 | persons served, and the working and living conditions of | ||||||
14 | backstretch workers. | ||||||
15 | (e) The Board shall appoint a Backstretch Programs Advisory | ||||||
16 | Board, who shall report to and advise the Board on matters | ||||||
17 | concerning backstretch conditions and needs. The Backstretch | ||||||
18 | Programs Advisory Board shall consist of the following 7 | ||||||
19 | members:
| ||||||
20 | (1) 2 persons who represent the interests of an | ||||||
21 | organization licensee; | ||||||
22 | (2) one person who represents the interests of | ||||||
23 | standardbred horsemen; | ||||||
24 | (3) one person who represents the interests of | ||||||
25 | thoroughbred horsemen; | ||||||
26 | (4) one person who is or was a backstretch worker; |
| |||||||
| |||||||
1 | (5) one person who advocates on behalf of backstretch | ||||||
2 | workers; and | ||||||
3 | (6) one person who has significant experience in | ||||||
4 | administering social services. | ||||||
5 | (f) The Board shall hire, in its sole discretion, a | ||||||
6 | backstretch workers' Program Coordinator who shall serve under | ||||||
7 | the direction of the Board to supervise and coordinate the | ||||||
8 | programs funded by the Racing Industry Workers' Trust Fund. The | ||||||
9 | Program Coordinator shall be paid from the Racing Industry | ||||||
10 | Workers' Trust Fund.
| ||||||
11 | (230 ILCS 5/31.3 new)
| ||||||
12 | Sec. 31.3. Illinois Equine Research Trust Fund. There is | ||||||
13 | created a trust fund to be known
as the Illinois Equine | ||||||
14 | Research Trust Fund, which is administered by the Department of | ||||||
15 | Agriculture and held separate and apart from State moneys. The | ||||||
16 | Fund shall consist of moneys paid into it under subsection (b) | ||||||
17 | of Section 56 of this Act. The Department may use funds in the | ||||||
18 | Illinois Equine Research Trust Fund to award 2 equal grants to | ||||||
19 | the University of Illinois and to Southern Illinois University | ||||||
20 | for equine research. The total amount of each grant award shall | ||||||
21 | be used for only the direct costs of research. | ||||||
22 | (230 ILCS 5/34.3 new)
| ||||||
23 | Sec. 34.3. Drug testing. The Illinois Racing Board and the | ||||||
24 | Department of Agriculture shall jointly establish a program for |
| |||||||
| |||||||
1 | the purpose of conducting random drug testing of horses at | ||||||
2 | county fairs and shall adopt any rules necessary for | ||||||
3 | enforcement of the program. The rules shall include appropriate | ||||||
4 | penalties for violations.
| ||||||
5 | (230 ILCS 5/36)
(from Ch. 8, par. 37-36)
| ||||||
6 | Sec. 36. (a) Whoever administers or conspires to administer | ||||||
7 | to
any horse a hypnotic, narcotic, stimulant, depressant or any | ||||||
8 | chemical
substance which may affect the speed of a horse at any | ||||||
9 | time in any race
where the purse or any part of the purse is | ||||||
10 | made of money authorized by any
Section of this Act , except | ||||||
11 | those chemical substances permitted by ruling of
the Board, | ||||||
12 | internally, externally or by hypodermic method in a race or | ||||||
13 | prior
thereto, or whoever knowingly enters a horse in any race | ||||||
14 | within a period of 24
hours after any hypnotic, narcotic, | ||||||
15 | stimulant, depressant or any other chemical
substance which may | ||||||
16 | affect the speed of a horse at any time, except those
chemical | ||||||
17 | substances permitted by ruling of the Board, has been | ||||||
18 | administered to
such horse either internally or externally or | ||||||
19 | by hypodermic method for the
purpose of increasing or retarding | ||||||
20 | the speed of such horse shall be guilty of a
Class 4 felony. | ||||||
21 | The Board shall suspend or revoke such violator's license.
| ||||||
22 | (b) The term "hypnotic" as used in this Section includes | ||||||
23 | all barbituric
acid preparations and derivatives.
| ||||||
24 | (c) The term "narcotic" as used in this Section includes | ||||||
25 | opium and
all its alkaloids, salts, preparations and |
| |||||||
| |||||||
1 | derivatives, cocaine
and all its salts, preparations and | ||||||
2 | derivatives and substitutes.
| ||||||
3 | (d) The provisions of this Section 36 and the treatment | ||||||
4 | authorized herein
apply to horses entered in and competing in | ||||||
5 | race meetings as defined in
Section 3.47 of this Act and to | ||||||
6 | horses entered in and competing at any county
fair.
| ||||||
7 | (e) Drug testing for horses entered in and competing at any | ||||||
8 | county fair shall be conducted by the Department of | ||||||
9 | Agriculture, with the advice and assistance of the Board. The | ||||||
10 | Department of Agriculture, with the assistance of the Board, | ||||||
11 | shall adopt rules for drug testing, for horses entered in and | ||||||
12 | competing at any county fair.
| ||||||
13 | (Source: P.A. 79-1185.)
| ||||||
14 | (230 ILCS 5/42)
(from Ch. 8, par. 37-42)
| ||||||
15 | Sec. 42. (a) Except as to the distribution of monies | ||||||
16 | provided for by
Sections 28, 29, 30 , and 31 and the treating of
| ||||||
17 | horses as provided in Section 36 , nothing whatsoever in this | ||||||
18 | Act
shall
be held or taken to apply to county fairs and State | ||||||
19 | Fairs or to
agricultural and livestock exhibitions where the | ||||||
20 | pari-mutuel system of wagering
upon the result of horses is not
| ||||||
21 | permitted or conducted.
| ||||||
22 | (b) Nothing herein shall be construed to permit the | ||||||
23 | pari-mutuel method of
wagering upon any race track unless such | ||||||
24 | race
track is licensed under this Act. It is hereby declared to | ||||||
25 | be
unlawful for any person to permit, conduct or supervise upon |
| |||||||
| |||||||
1 | any
race track ground the pari-mutuel method of
wagering except | ||||||
2 | in accordance with the provisions of this Act.
| ||||||
3 | (c) Whoever violates subsection (b) of this Section is | ||||||
4 | guilty of
a Class 4 felony.
| ||||||
5 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
6 | (230 ILCS 5/45) (from Ch. 8, par. 37-45)
| ||||||
7 | Sec. 45. It shall be the duty of the Attorney General and | ||||||
8 | the
various State's attorneys in this State in cooperation with | ||||||
9 | the Office of Gaming Enforcement Department
of State Police to | ||||||
10 | enforce
this Act. The Director of Gaming Enforcement Governor | ||||||
11 | may, upon request of the Board Department of State Police ,
| ||||||
12 | order the law enforcing officers of the various cities and
| ||||||
13 | counties to assign a sufficient number of deputies to aid | ||||||
14 | members of the
Department of State Police
in preventing horse | ||||||
15 | racing at any track
within the respective jurisdiction of such | ||||||
16 | cities or counties an
organization license for which has been | ||||||
17 | refused, suspended or revoked by
the Board. The Director of | ||||||
18 | Gaming Enforcement Governor may similarly assign such deputies | ||||||
19 | to aid the
local law enforcement Department of State Police
| ||||||
20 | when, by his determination, additional
forces are needed to | ||||||
21 | preserve the health, welfare or safety of any
person or animal | ||||||
22 | within the grounds of any race track in the State.
| ||||||
23 | (Source: P.A. 84-25.)
| ||||||
24 | (230 ILCS 5/54.5) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on May 26, 2008)
| ||||||
2 | Sec. 54.5. Horse Racing Equity Trust Fund. | ||||||
3 | (a) There is created a Fund to be known as the Horse
Racing
| ||||||
4 | Equity Trust Fund, which is a non-appropriated trust fund held | ||||||
5 | separate and apart from State moneys. The Fund shall consist of | ||||||
6 | moneys paid into it by owners licensees under
the Illinois | ||||||
7 | Riverboat Gambling Act for the purposes described in this | ||||||
8 | Section. The Fund shall
be administered
by the Board. Moneys in | ||||||
9 | the Fund shall be distributed as directed and certified by the | ||||||
10 | Board in accordance with the provisions of subsection (b).
| ||||||
11 | (b) The moneys deposited into the Fund, plus any accrued | ||||||
12 | interest on those moneys, shall be distributed
within 10 days | ||||||
13 | after those moneys are deposited into the Fund as follows:
| ||||||
14 | (1) Sixty percent of all moneys distributed under this | ||||||
15 | subsection shall be
distributed to organization licensees | ||||||
16 | to be distributed at their race
meetings as purses. | ||||||
17 | Fifty-seven percent of the amount distributed under this
| ||||||
18 | paragraph (1) shall be distributed for thoroughbred race | ||||||
19 | meetings and
43% shall be distributed for standardbred race | ||||||
20 | meetings. Within each
breed, moneys shall be allocated to | ||||||
21 | each organization licensee's purse
fund in accordance with | ||||||
22 | the ratio between the purses generated for that
breed by | ||||||
23 | that licensee during the prior calendar year and the total | ||||||
24 | purses
generated throughout the State for that breed during | ||||||
25 | the prior calendar
year by licensees in the current | ||||||
26 | calendar year.
|
| |||||||
| |||||||
1 | (2) The remaining 40% of the moneys distributed under | ||||||
2 | this
subsection (b) shall be distributed as follows:
| ||||||
3 | (A) 11% shall be distributed to any person (or its | ||||||
4 | successors or assigns) who had operating control of a | ||||||
5 | racetrack that conducted live racing in 2002 at a | ||||||
6 | racetrack in a
county with at least 230,000 inhabitants | ||||||
7 | that borders the Mississippi River and is a licensee in | ||||||
8 | the current year; and
| ||||||
9 | (B) the remaining 89% shall be distributed pro rata
| ||||||
10 | according to the aggregate
proportion of total handle | ||||||
11 | from wagering on live races conducted in Illinois | ||||||
12 | (irrespective of where the wagers are placed) for | ||||||
13 | calendar years 2004 and 2005
to any person (or its
| ||||||
14 | successors or assigns) who (i) had
majority operating | ||||||
15 | control of a racing facility at which live racing was | ||||||
16 | conducted in
calendar year 2002, (ii) is a licensee in | ||||||
17 | the current
year, and (iii) is not eligible to receive | ||||||
18 | moneys under subparagraph (A) of this paragraph (2).
| ||||||
19 | The moneys received by an organization licensee | ||||||
20 | under this paragraph (2) shall be used by each | ||||||
21 | organization licensee to improve, maintain, market, | ||||||
22 | and otherwise operate its racing facilities to conduct | ||||||
23 | live racing, which shall include backstretch services | ||||||
24 | and capital improvements related to live racing and the | ||||||
25 | backstretch. Any organization licensees sharing common | ||||||
26 | ownership may pool the moneys received and spent at all |
| |||||||
| |||||||
1 | racing facilities commonly owned in order to meet these | ||||||
2 | requirements.
| ||||||
3 | If any person identified in this paragraph (2) becomes
| ||||||
4 | ineligible to receive moneys from the Fund, such amount | ||||||
5 | shall be redistributed
among the remaining persons in | ||||||
6 | proportion to their percentages otherwise
calculated.
| ||||||
7 | (c) The Board shall monitor organization licensees to | ||||||
8 | ensure that moneys paid to organization licensees under this | ||||||
9 | Section are distributed by the organization licensees as | ||||||
10 | provided in subsection (b).
| ||||||
11 | (d) The Horse
Racing
Equity Trust Fund shall not be subject | ||||||
12 | to administrative charges or charge backs, including, but not
| ||||||
13 | limited to, those authorized under Section 8h of the State | ||||||
14 | Finance Act. | ||||||
15 |
(d) This Section is repealed 2 years after the effective | ||||||
16 | date of this amendatory Act of the 94th General Assembly.
| ||||||
17 | (Source: P.A. 94-804, eff. 5-26-06.)
| ||||||
18 | (230 ILCS 5/56 new)
| ||||||
19 | Sec. 56. Electronic gaming.
| ||||||
20 | (a) An organization licensee may apply to the Gaming Board | ||||||
21 | for an electronic
gaming license pursuant to Section 7.7 of the | ||||||
22 | Illinois Gambling Act. An electronic gaming licensee may not | ||||||
23 | permit persons under 21 years
of age to be present in its | ||||||
24 | electronic gaming facility,
but the licensee may accept wagers | ||||||
25 | on live racing and inter-track
wagers at its electronic gaming |
| |||||||
| |||||||
1 | facility.
| ||||||
2 | (a-5) An amount equal to 15% of the total adjusted gross | ||||||
3 | receipts received by an electronic gaming licensee from | ||||||
4 | electronic gaming shall be paid to purse accounts. | ||||||
5 | Moneys paid into purse equity accounts by licensees at | ||||||
6 | tracks located in counties other than Madison County shall be | ||||||
7 | maintained separately from moneys paid into purse equity | ||||||
8 | accounts by a licensee at a track located in Madison County. | ||||||
9 | Of the moneys paid to purse equity accounts by an | ||||||
10 | electronic gaming licensee located in a county other than | ||||||
11 | Madison County, 57% of the moneys shall be paid into a single | ||||||
12 | thoroughbred purse pool and 43% of the moneys shall be paid | ||||||
13 | into a single standardbred
purse pool. Each calendar year, | ||||||
14 | moneys in the thoroughbred purse pool shall be distributed | ||||||
15 | equally for each awarded racing date to the thoroughbred purse | ||||||
16 | accounts of each organization licensee that
paid money into the | ||||||
17 | thoroughbred purse pool. Each calendar year, moneys in the | ||||||
18 | standardbred purse pool shall be distributed equally for each | ||||||
19 | awarded racing date to the standardbred purse accounts of each | ||||||
20 | organization licensee that
paid money into the standardbred | ||||||
21 | purse pool. | ||||||
22 | Of the moneys paid into purse equity accounts by an | ||||||
23 | electronic gaming licensee located in Madison County, 70% shall | ||||||
24 | be paid to its thoroughbred purse account and 30% shall be paid | ||||||
25 | to its standardbred purse account. | ||||||
26 | (b) After payment required under subsection (a-5) of this |
| |||||||
| |||||||
1 | Section and Section 13 of the Illinois Gambling Act, the | ||||||
2 | adjusted gross receipts received by all electronic gaming | ||||||
3 | licensees
from electronic gaming shall be distributed as | ||||||
4 | follows:
| ||||||
5 | (1) a total of $4,100,000 annually shall be paid to the | ||||||
6 | Illinois Colt Stakes Purse Distribution Fund; | ||||||
7 | (2) a total of $250,000 annually shall be paid to the | ||||||
8 | Illinois Racing Quarter Horse Breeders Fund; | ||||||
9 | (3) a total of $500,000 annually shall be paid to the | ||||||
10 | Illinois Equine Research Trust Fund; | ||||||
11 | (4) a total of $1,000,000 annually shall be paid to the | ||||||
12 | Racing Industry Workers' Trust Fund;
| ||||||
13 | (5) an amount equal to 2.25% of adjusted gross receipts | ||||||
14 | from each electronic gaming licensee shall be paid to the | ||||||
15 | Illinois Thoroughbred Breeders Fund and the
Illinois | ||||||
16 | Standardbred Breeders Fund, divided pro rata based on the | ||||||
17 | proportion
of live thoroughbred racing and live | ||||||
18 | standardbred racing conducted at that
licensee's race | ||||||
19 | track; and
| ||||||
20 | (6) an amount equal to 0.25% of adjusted gross receipts | ||||||
21 | from each electronic gaming licensee shall be paid to the | ||||||
22 | licensee's live racing and horse ownership
promotional | ||||||
23 | account; and
| ||||||
24 | (7) the remainder shall be retained by the licensee. | ||||||
25 | (c) The moneys collected pursuant to items (1), (2), (3), | ||||||
26 | and (4) of subsection (b) of this Section is payable by the |
| |||||||
| |||||||
1 | licensees on a pro-rated basis, based on each licensee's | ||||||
2 | adjusted gross receipts. The Illinois Gaming Board shall | ||||||
3 | provide the Illinois Racing Board with the information needed | ||||||
4 | to make this determination. The Illinois Racing Board shall | ||||||
5 | adopt rules for the administration of this Section. | ||||||
6 | (d) Moneys distributed under this subsection (b) shall be | ||||||
7 | distributed as directed by the Board. | ||||||
8 | (e) As a condition of licensure, an electronic gaming | ||||||
9 | licensee must expend an amount equal to the sum of (i) amounts | ||||||
10 | expended in 2007; (ii) the amounts required in item (6) of | ||||||
11 | subsection (b) of this Section; and (iii) the amount of | ||||||
12 | pari-mutuel tax credit received under Section 32.1 of this Act | ||||||
13 | for the purpose of live racing and horse ownership promotion. | ||||||
14 | The Board shall adopt rules to enforce this subsection (e), | ||||||
15 | including reasonable fines and penalties for noncompliance. | ||||||
16 | (230 ILCS 5/57 new)
| ||||||
17 | Sec. 57. Compliance report. | ||||||
18 | (a) The Board shall prepare a report twice per year | ||||||
19 | regarding the compliance of each electronic gaming licensee | ||||||
20 | with this Act and the electronic gaming licensee's support of | ||||||
21 | live racing. The Board shall determine whether each electronic | ||||||
22 | gaming licensee has maintained an appropriate level of live | ||||||
23 | horse racing. In making that determination, the Board shall | ||||||
24 | consider all of the following factors: | ||||||
25 | (1) The increase, if any, in the on-track handle at the |
| |||||||
| |||||||
1 | race track where the electronic gaming facility is located. | ||||||
2 | (2) The increase, if any, in purses at the racing | ||||||
3 | facility where electronic gaming facility is located. | ||||||
4 | (3) Investments in capital improvements made by the | ||||||
5 | organization licensee to the racing facility, excluding | ||||||
6 | electronic gaming areas. | ||||||
7 | (b) If the Board finds that a licensee has failed to comply | ||||||
8 | with this Act or has substantially failed to support live | ||||||
9 | racing, then the Board may do any of the following: | ||||||
10 | (1) Issue a warning to the organization licensee. | ||||||
11 | (2) Impose a civil penalty upon the organization | ||||||
12 | licensee. | ||||||
13 | (3) Recommend to the Illinois Gaming Board that the | ||||||
14 | organization licensee's electronic gaming license be | ||||||
15 | suspended or revoked. If the Illinois Gaming Board does not | ||||||
16 | accept the Illinois Racing Board's recommendation to | ||||||
17 | suspend or revoke the electronic gaming license, then they | ||||||
18 | must provide a written, detailed explanation for why such | ||||||
19 | conduct does not merit revocation. If 2 succeeding | ||||||
20 | recommendations for revocation of an electronic gaming | ||||||
21 | license are given by the Illinois Racing Board to the | ||||||
22 | Illinois Gaming Board, then the electronic gaming license | ||||||
23 | shall be automatically revoked. The gaming positions | ||||||
24 | associated with the revoked electronic gaming license | ||||||
25 | shall be retained by the Illinois Gaming Board and | ||||||
26 | allocated in equal amounts to the remaining electronic |
| |||||||
| |||||||
1 | gaming licensees as provided in Section 7.7 of the Illinois | ||||||
2 | Gambling Act.
| ||||||
3 | Section 90-40. The Riverboat Gambling Act is amended by | ||||||
4 | changing Sections 1, 2, 3, 4,
5, 5.1, 6, 7, 7.3, 7.4, 7.5, 8, 9, | ||||||
5 | 11, 11.1, 11.2, 12, 13, 14, 17, 18, 19, and 20 and by adding | ||||||
6 | Sections 5.2, 5.3, 5.4, 5.5, 5.7, 7.6, 7.7, 7.8, 7.10, 7.11, | ||||||
7 | 7.11a, 7.12, 7.14, 7.15, 7.25, 7.30, 9.3, 9.5, 12.1, 13.2, | ||||||
8 | 14.5, 17.2, 22.5, and 22.6 as follows:
| ||||||
9 | (230 ILCS 10/1) (from Ch. 120, par. 2401)
| ||||||
10 | Sec. 1. Short title. This Act shall be known and may be | ||||||
11 | cited as the
Illinois Riverboat Gambling Act.
| ||||||
12 | (Source: P.A. 86-1029.)
| ||||||
13 | (230 ILCS 10/2) (from Ch. 120, par. 2402)
| ||||||
14 | Sec. 2. Legislative intent; findings Intent .
| ||||||
15 | (a) This Act is intended to benefit the
people of the State | ||||||
16 | of Illinois
by assisting economic development and promoting | ||||||
17 | Illinois tourism
and by increasing the amount of revenues | ||||||
18 | available to the State for infrastructure and capital programs | ||||||
19 | and to assist and
support education.
| ||||||
20 | (b) While authorization of riverboat gambling will enhance | ||||||
21 | investment,
development and tourism in Illinois, it is | ||||||
22 | recognized that it will do so
successfully only if public | ||||||
23 | confidence and trust in the credibility and
integrity of the |
| |||||||
| |||||||
1 | gambling operations and the regulatory process is
maintained. | ||||||
2 | Therefore, regulatory provisions of this Act are designed to
| ||||||
3 | strictly regulate the facilities, persons, associations and | ||||||
4 | practices
related to gambling operations pursuant to the police | ||||||
5 | powers of the State,
including comprehensive law enforcement | ||||||
6 | supervision.
| ||||||
7 | (c) The Illinois Gaming Board established under this Act | ||||||
8 | should, as soon
as possible, inform each applicant for an | ||||||
9 | owners license of the Board's
intent to grant or deny a | ||||||
10 | license.
| ||||||
11 | (d) The General Assembly finds that the Illinois gaming | ||||||
12 | industry does not include a fair proportion of minority and | ||||||
13 | female ownership participation in the gaming industry. It is | ||||||
14 | vital to the gaming industry in this State to promote diverse | ||||||
15 | interests in order to create social and economic parity. As a | ||||||
16 | result of historical exclusion within the gaming industry, | ||||||
17 | there is a need to increase the number of minority and female | ||||||
18 | owners within the State. The State shall require that at least | ||||||
19 | 20% of an owners licensee's equity interest be awarded to | ||||||
20 | minorities and at least 5% of an owners licensee's equity | ||||||
21 | interest be awarded to women. | ||||||
22 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
23 | (230 ILCS 10/3)
(from Ch. 120, par. 2403)
| ||||||
24 | Sec. 3. Riverboat Gambling Authorized.
| ||||||
25 | (a) Riverboat gambling
operations , casino gambling |
| |||||||
| |||||||
1 | operations, and electronic gaming operations
and the system of | ||||||
2 | wagering
incorporated therein , as defined in this Act, are | ||||||
3 | hereby authorized to the
extent that they are carried out in | ||||||
4 | accordance with the provisions of this
Act.
| ||||||
5 | (b) This Act does not apply to the pari-mutuel system of | ||||||
6 | wagering or to advance deposit wagering used
or intended to be | ||||||
7 | used in connection with the horse-race meetings as
authorized | ||||||
8 | under the Illinois Horse Racing Act of 1975, lottery games
| ||||||
9 | authorized under the Illinois Lottery Law, bingo authorized | ||||||
10 | under the Bingo
License and Tax Act, charitable games | ||||||
11 | authorized under the Charitable Games
Act or pull tabs and jar | ||||||
12 | games conducted under the Illinois Pull Tabs and Jar
Games Act.
| ||||||
13 | (c) Riverboat gambling conducted pursuant to this Act may | ||||||
14 | be authorized
upon any water within the State of Illinois or | ||||||
15 | any
water other than Lake Michigan which constitutes a boundary | ||||||
16 | of the State
of Illinois.
A casino licensee shall not conduct | ||||||
17 | gaming upon any water or lakefront within the City of Chicago. | ||||||
18 | Notwithstanding any provision in this subsection (c) to the | ||||||
19 | contrary, a licensee may conduct gambling at its home dock | ||||||
20 | facility as provided in Sections 7 and 11. A licensee may | ||||||
21 | conduct riverboat gambling authorized under this Act
| ||||||
22 | regardless of whether it conducts excursion cruises. A licensee | ||||||
23 | may permit
the continuous ingress and egress of passengers for | ||||||
24 | the purpose of
gambling.
| ||||||
25 | (d) Gambling that is conducted in accordance with this Act | ||||||
26 | using slot
machines, video games of chance, and electronic |
| |||||||
| |||||||
1 | gambling games shall be authorized at electronic gaming
| ||||||
2 | facilities as provided in this Act.
| ||||||
3 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
4 | (230 ILCS 10/4) (from Ch. 120, par. 2404)
| ||||||
5 | Sec. 4. Definitions. As used in this Act:
| ||||||
6 | "Authority" means the Chicago Casino Development | ||||||
7 | Authority. | ||||||
8 | "State Authority" means the Illinois Casino Development | ||||||
9 | Authority. | ||||||
10 | (a) "Board" means the Illinois Gaming Board.
| ||||||
11 | (b) "Occupational license" means a license issued by the | ||||||
12 | Board to a
person or entity to perform an occupation which the | ||||||
13 | Board has identified as
requiring a license to engage in | ||||||
14 | riverboat gambling in Illinois.
| ||||||
15 | (c) "Gambling game" includes, but is not limited to, | ||||||
16 | baccarat,
twenty-one, poker, craps, slot machine, video game of | ||||||
17 | chance, roulette
wheel, klondike table, punchboard, faro | ||||||
18 | layout, keno layout, numbers
ticket, push card, jar ticket, or | ||||||
19 | pull tab which is authorized by the Board
as a wagering device | ||||||
20 | under this Act.
| ||||||
21 | (d) "Riverboat" means a self-propelled excursion boat, a
| ||||||
22 | permanently moored barge, or permanently moored barges that are | ||||||
23 | permanently
fixed together to operate as one vessel, on which | ||||||
24 | lawful gambling is
authorized and licensed as
provided in this | ||||||
25 | 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.
| ||||||
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) "Gross receipts" means the total amount of cash or any | ||||||
8 | instrument exchangeable for cash money exchanged for the
| ||||||
9 | purchase of chips, tokens or electronic cards by riverboat | ||||||
10 | patrons on a riverboat, in a casino, or at an electronic gaming | ||||||
11 | facility . "Gross receipts" includes revenues derived by the | ||||||
12 | gaming licensee from the conduct of electronic poker.
| ||||||
13 | (h) "Adjusted gross receipts" means the gross receipts less
| ||||||
14 | winnings paid to wagerers.
| ||||||
15 | (i) "Cheat" means to alter the selection of criteria which | ||||||
16 | determine the
result of a gambling game or electronic poker | ||||||
17 | outcome or the amount or frequency of payment in a gambling
| ||||||
18 | game or electronic poker .
| ||||||
19 | (j) "Department" means the Department of Revenue.
| ||||||
20 | (k) "Gambling operation" means the conduct of authorized | ||||||
21 | gambling games
and electronic poker authorized under this Act | ||||||
22 | on upon a riverboat , in a casino, or at an electronic gaming | ||||||
23 | facility as authorized under this Act .
| ||||||
24 | (l) "License bid" means the lump sum amount of money that | ||||||
25 | an applicant
bids and agrees to pay the State in return for an | ||||||
26 | owners license that is
re-issued on or after July 1, 2003.
|
| |||||||
| |||||||
1 | (m) The terms "minority person" and "female" shall have the | ||||||
2 | same meaning
as
defined in
Section 2 of the Business Enterprise | ||||||
3 | for Minorities, Females, and Persons with
Disabilities Act.
| ||||||
4 | "Casino" means a land-based facility at which lawful | ||||||
5 | gambling is authorized and licensed as provided in this Act.
| ||||||
6 | "Owners license" means a license to conduct riverboat | ||||||
7 | gambling operations,
but does not include a casino license or | ||||||
8 | an electronic gaming license.
| ||||||
9 | "Electronic gaming license" means a license issued by the | ||||||
10 | Board under
Section 7.7 of this Act authorizing electronic | ||||||
11 | gaming at an electronic gaming
facility.
| ||||||
12 | "Electronic gaming" means the conduct of gambling using | ||||||
13 | slot machines, video games of chance, and electronic gambling | ||||||
14 | games
at a race track licensed under the Illinois Horse
Racing | ||||||
15 | Act of 1975 pursuant to the Illinois Horse Racing Act of 1975 | ||||||
16 | and this
Act.
| ||||||
17 | "Electronic gaming facility" means the area where the Board | ||||||
18 | has
authorized electronic gaming at a race track of an | ||||||
19 | organization licensee under the
Illinois Horse Racing Act of | ||||||
20 | 1975 that holds an electronic gaming license. | ||||||
21 | "Organization license" means a license issued by the | ||||||
22 | Illinois Racing
Board authorizing the conduct of pari-mutuel | ||||||
23 | wagering in accordance with the Illinois Horse
Racing Act of | ||||||
24 | 1975.
| ||||||
25 | "Gaming license" includes an owners license, a casino | ||||||
26 | license, an electronic gaming license, a managers license, and |
| |||||||
| |||||||
1 | a casino operator license. | ||||||
2 | "Licensed facility" means a riverboat, a casino, or an | ||||||
3 | electronic gaming facility. | ||||||
4 | "Electronic poker" means a form of gambling operation by | ||||||
5 | which players can play poker electronically via a network of | ||||||
6 | machines at the same or any other licensed facility in this | ||||||
7 | State. "Electronic poker" is not considered a gambling game as | ||||||
8 | defined by this Act. | ||||||
9 | "Casino license" means the license held by the Authority to | ||||||
10 | conduct or cause to be conducted gambling operations at a | ||||||
11 | casino in the City of Chicago pursuant to this Act and the | ||||||
12 | Chicago Casino Development Authority Act. | ||||||
13 | "Casino operator license" means the license held by the | ||||||
14 | person or entity selected by the Authority to manage and | ||||||
15 | operate a casino within the City of Chicago pursuant to a | ||||||
16 | casino management contract, as provided for under the Chicago | ||||||
17 | Casino Development Authority Act. | ||||||
18 | "License" includes all licenses authorized under this Act, | ||||||
19 | including a gaming license, an occupational license, and | ||||||
20 | suppliers license. | ||||||
21 | "State casino license" means the license held by the State | ||||||
22 | Authority to conduct or cause to be conducted gambling | ||||||
23 | operations at a casino pursuant to this Act and the Illinois | ||||||
24 | Casino Development Authority Act. | ||||||
25 | "State casino operator license" means the license held by | ||||||
26 | the person or entity selected by the State Authority to manage |
| |||||||
| |||||||
1 | and operate a casino within the State pursuant to a casino | ||||||
2 | management contract, as provided for under the Illinois Casino | ||||||
3 | Development Authority Act. | ||||||
4 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
5 | (230 ILCS 10/5)
(from Ch. 120, par. 2405)
| ||||||
6 | Sec. 5. Gaming Board.
| ||||||
7 | (a) (1) There is hereby established the within the | ||||||
8 | Department of Revenue an
Illinois Gaming Board , which shall | ||||||
9 | have the powers and duties specified in
this Act, and all other | ||||||
10 | powers necessary and proper to fully and
effectively execute | ||||||
11 | this Act for the purpose of administering and , regulating ,
and | ||||||
12 | enforcing the system of riverboat gambling established by this | ||||||
13 | Act. Its
jurisdiction shall extend under this Act to every | ||||||
14 | person, association,
corporation, partnership and trust | ||||||
15 | involved in riverboat gambling
operations in the State of | ||||||
16 | Illinois.
| ||||||
17 | (2) The Board shall consist of 5 members to be appointed by | ||||||
18 | the Governor
with the advice and consent of the Senate, one of | ||||||
19 | whom shall be designated
by the Governor to be chairperson | ||||||
20 | chairman . Each member shall have a reasonable
knowledge of the | ||||||
21 | practice, procedure and principles of gambling operations.
| ||||||
22 | Each member shall either be a resident of Illinois or shall | ||||||
23 | certify that he
or she will become a resident of Illinois | ||||||
24 | before taking office. The term of office of each member of the | ||||||
25 | Board serving on the effective date of this amendatory Act of |
| |||||||
| |||||||
1 | the 95th General Assembly ends when all of their successors are | ||||||
2 | appointed and qualified pursuant to this amendatory Act of the | ||||||
3 | 95th General Assembly. Members appointed pursuant to this | ||||||
4 | amendatory Act of the 95th General Assembly and their | ||||||
5 | successors shall serve on a full-time basis and may not hold | ||||||
6 | any other employment for which they are compensated. | ||||||
7 | Beginning on the effective date of this amendatory Act of | ||||||
8 | the 95th General Assembly, the Board shall consist of 5 members | ||||||
9 | appointed by the Governor from nominations presented to the | ||||||
10 | Governor by the Nomination Panel and with the advice and | ||||||
11 | consent of the Senate. The Board must include the following: | ||||||
12 | (1) One member must have, at a minimum, a bachelor's | ||||||
13 | degree from an accredited school and at least 10 years of | ||||||
14 | verifiable training and experience in the fields of | ||||||
15 | investigation and law enforcement. | ||||||
16 | (2) One member must be a certified public accountant | ||||||
17 | with experience in auditing and with knowledge of complex | ||||||
18 | corporate structures and transactions. | ||||||
19 | (3) Two members must have 5 years' experience as a | ||||||
20 | principal, senior officer, or director of a company or | ||||||
21 | business with either material responsibility for the daily | ||||||
22 | operations and management of the overall company or | ||||||
23 | business or material responsibility for the policy making | ||||||
24 | of the company or business. | ||||||
25 | (4) One member must be a former judge elected or | ||||||
26 | appointed to judicial office in Illinois or former federal |
| |||||||
| |||||||
1 | judge appointed to serve in Illinois. | ||||||
2 | No more than 3 members of the Board may be from the same | ||||||
3 | political party. No more than 3 members may reside within Cook, | ||||||
4 | Will, Lake, DuPage, or Kane County. The Board should reflect | ||||||
5 | the ethnic, cultural, and geographic diversity of the State. | ||||||
6 | Each member shall have a reasonable knowledge of the practice, | ||||||
7 | procedures, and principles of gambling operations. No Board | ||||||
8 | member, within a period of 2 years immediately preceding | ||||||
9 | nomination, shall have been employed or received compensation | ||||||
10 | or fees for services from a person or entity, or its parent or | ||||||
11 | affiliate, that has engaged in business with the Board, a | ||||||
12 | licensee, or a licensee under the Horse Racing Act of 1975. | ||||||
13 | Each member shall either be a resident of Illinois or shall | ||||||
14 | certify that he or she will become a resident of Illinois | ||||||
15 | before taking office. At least one member
shall be experienced | ||||||
16 | in law enforcement and criminal investigation, at
least one | ||||||
17 | member shall be a certified public accountant experienced in
| ||||||
18 | accounting and auditing, and at least one member shall be a | ||||||
19 | lawyer licensed
to practice law in Illinois.
| ||||||
20 | (3) The terms of office of the Board members shall be 4 3 | ||||||
21 | years, except
that the terms of office of the initial Board | ||||||
22 | members appointed pursuant to
this amendatory Act of the 95th | ||||||
23 | General Assembly Act will commence from the effective date of | ||||||
24 | this amendatory Act and run as
follows , to be determined by | ||||||
25 | lot : one for a term ending July 1 of the year following | ||||||
26 | confirmation , 1991 , one 2 for a term ending July 1 two years |
| |||||||
| |||||||
1 | following confirmation ,
1992 , one and 2 for a term ending July | ||||||
2 | 1 three years following confirmation , and 2 for a term ending | ||||||
3 | July 1 four years following confirmation 1993 . Upon the | ||||||
4 | expiration of the
foregoing terms, the successors of such | ||||||
5 | members shall serve a term for 4 3
years and until their | ||||||
6 | successors are appointed and qualified for like terms.
| ||||||
7 | Vacancies in the Board shall be filled for the unexpired term | ||||||
8 | in like
manner as original appointments. Each member of the | ||||||
9 | Board shall be
eligible for reappointment , subject to the | ||||||
10 | nomination process of the Nomination Panel, by at the | ||||||
11 | discretion of the Governor with the
advice and consent of the | ||||||
12 | Senate.
| ||||||
13 | Until all 5 members of the Board are appointed and | ||||||
14 | qualified pursuant to this amendatory Act of the 95th General | ||||||
15 | Assembly, the Illinois Gaming Board may not act with regard to | ||||||
16 | any license under which gambling operations are not being | ||||||
17 | conducted on the effective date of this amendatory Act, | ||||||
18 | excluding the dormant license as defined in subsection (a-3) of | ||||||
19 | Section 13; however, the Board may authorize additional | ||||||
20 | positions at riverboats in operation on the effective date of | ||||||
21 | this amendatory Act and issue electronic gaming licenses | ||||||
22 | pursuant to this amendatory Act. | ||||||
23 | (4) The chairman of the Board shall receive an annual | ||||||
24 | salary equal to the annual salary of a State appellate court | ||||||
25 | judge. Other members of the Board shall receive an annual | ||||||
26 | salary equal to the annual salary of a State circuit court |
| |||||||
| |||||||
1 | judge. Each member of the Board shall receive $300 for each day | ||||||
2 | the
Board meets and for each day the member conducts any | ||||||
3 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
4 | also be reimbursed for all actual
and necessary expenses and | ||||||
5 | disbursements incurred in the execution of official
duties.
| ||||||
6 | (5) (Blank). No person shall be appointed a member of the | ||||||
7 | Board or continue to be
a member of the Board who is, or whose | ||||||
8 | spouse, child or parent is, a member
of the board of directors | ||||||
9 | of, or a person financially interested in, any
gambling | ||||||
10 | operation subject to the jurisdiction of this Board, or any | ||||||
11 | race
track, race meeting, racing association or the operations | ||||||
12 | thereof subject
to the jurisdiction of the Illinois Racing | ||||||
13 | Board. No Board member shall
hold any other public office for | ||||||
14 | which he shall receive compensation other
than necessary travel | ||||||
15 | or other incidental expenses. No person shall be a
member of | ||||||
16 | the Board who is not of good moral character or who has been
| ||||||
17 | convicted of, or is under indictment for, a felony under the | ||||||
18 | laws of
Illinois or any other state, or the United States.
| ||||||
19 | (6) Any member of the Board may be removed by the Governor | ||||||
20 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
21 | in office or for engaging in any political activity .
| ||||||
22 | (7) Before entering upon the discharge of the duties of his | ||||||
23 | office, each
member of the Board shall take an oath that he | ||||||
24 | will faithfully execute the
duties of his office according to | ||||||
25 | the laws of the State and the rules and
regulations adopted | ||||||
26 | therewith and shall give bond to the State of Illinois,
|
| |||||||
| |||||||
1 | approved by the Governor, in the sum of $25,000. Every such | ||||||
2 | bond, when
duly executed and approved, shall be recorded in the | ||||||
3 | office of the
Secretary of State. Whenever the Governor | ||||||
4 | determines that the bond of any
member of the Board has become | ||||||
5 | or is likely to become invalid or
insufficient, he shall | ||||||
6 | require such member forthwith to renew his bond,
which is to be | ||||||
7 | approved by the Governor. Any member of the Board who fails
to | ||||||
8 | take oath and give bond within 30 days from the date of his | ||||||
9 | appointment,
or who fails to renew his bond within 30 days | ||||||
10 | after it is demanded by the
Governor, shall be guilty of | ||||||
11 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
12 | any bond given by any member of the Board under this
Section | ||||||
13 | shall be taken to be a part of the necessary expenses of the | ||||||
14 | Board.
| ||||||
15 | (8) The Upon the request of the Board , the Department shall | ||||||
16 | employ such
personnel as may be necessary to carry out its the | ||||||
17 | functions and shall determine the salaries of all personnel, | ||||||
18 | except those personnel whose salaries are determined under the | ||||||
19 | terms of a collective bargaining agreement of the Board . No
| ||||||
20 | person shall be employed to serve the Board who is, or whose | ||||||
21 | spouse, parent
or child is, an official of, or has a financial | ||||||
22 | interest in or financial
relation with, any operator engaged in | ||||||
23 | gambling operations within this
State or any organization | ||||||
24 | engaged in conducting horse racing within this
State. For the 2 | ||||||
25 | years immediately preceding employment, an employee shall not | ||||||
26 | have been employed or received compensation or fees for |
| |||||||
| |||||||
1 | services from a person or entity, or its parent or affiliate, | ||||||
2 | that has engaged in business with the Board, a licensee, or a | ||||||
3 | licensee under the Horse Racing Act of 1975. Any employee | ||||||
4 | violating these prohibitions shall be subject to
termination of | ||||||
5 | employment.
| ||||||
6 | (9) An Administrator shall perform any and all duties that | ||||||
7 | the Board
shall assign him. The salary of the Administrator | ||||||
8 | shall be determined by
the Board and approved by the Director | ||||||
9 | of the Department and, in addition,
he shall be reimbursed for | ||||||
10 | all actual and necessary expenses incurred by
him in discharge | ||||||
11 | of his official duties. The Administrator shall keep
records of | ||||||
12 | all proceedings of the Board and shall preserve all records,
| ||||||
13 | books, documents and other papers belonging to the Board or | ||||||
14 | entrusted to
its care. The Administrator shall devote his full | ||||||
15 | time to the duties of
the office and shall not hold any other | ||||||
16 | office or employment.
| ||||||
17 | (b) The Board shall have general responsibility for the | ||||||
18 | implementation
of this Act. Its duties include, without | ||||||
19 | limitation, the following:
| ||||||
20 | (1) To decide promptly and in reasonable order all | ||||||
21 | license applications.
Any party aggrieved by an action of | ||||||
22 | the Board denying, suspending,
revoking, restricting or | ||||||
23 | refusing to renew a license may request a hearing
before | ||||||
24 | the Board. A request for a hearing must be made to the | ||||||
25 | Board in
writing within 5 days after service of notice of | ||||||
26 | the action of the Board.
Notice of the action of the Board |
| |||||||
| |||||||
1 | shall be served either by personal
delivery or by certified | ||||||
2 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
3 | served by certified mail shall be deemed complete on the | ||||||
4 | business
day following the date of such mailing. The Board | ||||||
5 | shall conduct all
requested hearings promptly and in | ||||||
6 | reasonable order;
| ||||||
7 | (2) To conduct all hearings pertaining to civil | ||||||
8 | violations of this Act
or rules and regulations promulgated | ||||||
9 | hereunder;
| ||||||
10 | (3) To promulgate such rules and regulations as in its | ||||||
11 | judgment may be
necessary to protect or enhance the | ||||||
12 | credibility and integrity of gambling
operations | ||||||
13 | authorized by this Act and the regulatory process | ||||||
14 | hereunder;
| ||||||
15 | (4) To provide for the establishment and collection of | ||||||
16 | all license and
registration fees and taxes imposed by this | ||||||
17 | Act and the rules and
regulations issued pursuant hereto. | ||||||
18 | All such fees and taxes shall be
deposited into the State | ||||||
19 | Gaming Fund , unless otherwise provided for ;
| ||||||
20 | (5) To provide for the levy and collection of penalties | ||||||
21 | and fines for the
violation of provisions of this Act and | ||||||
22 | the rules and regulations
promulgated hereunder. All such | ||||||
23 | fines and penalties shall be deposited
into the Education | ||||||
24 | Assistance Fund, created by Public Act 86-0018, of the
| ||||||
25 | State of Illinois;
| ||||||
26 | (6) (Blank) To be present through its inspectors and |
| |||||||
| |||||||
1 | agents any time gambling
operations are conducted on any | ||||||
2 | riverboat
for the purpose of certifying the
revenue | ||||||
3 | thereof, receiving complaints from the public, and | ||||||
4 | conducting such
other investigations into the conduct of | ||||||
5 | the gambling games and the
maintenance of the equipment as | ||||||
6 | from time to time the Board may deem
necessary and proper ;
| ||||||
7 | (7) To review and rule upon any complaint by a licensee
| ||||||
8 | regarding any investigative procedures of the State which | ||||||
9 | are unnecessarily
disruptive of gambling operations. The | ||||||
10 | need to inspect and investigate
shall be presumed at all | ||||||
11 | times. The disruption of a licensee's operations
shall be | ||||||
12 | proved by clear and convincing evidence, and establish | ||||||
13 | that: (A)
the procedures had no reasonable law enforcement | ||||||
14 | purposes, and (B) the
procedures were so disruptive as to | ||||||
15 | unreasonably inhibit gambling operations;
| ||||||
16 | (8) (Blank) To hold at least one meeting each quarter | ||||||
17 | of the fiscal
year. In addition, special meetings may be | ||||||
18 | called by the Chairman or any 2
Board members upon 72 hours | ||||||
19 | written notice to each member. All Board
meetings shall be | ||||||
20 | subject to the Open Meetings Act. Three members of the
| ||||||
21 | Board shall constitute a quorum, and 3 votes shall be | ||||||
22 | required for any
final determination by the Board. The | ||||||
23 | Board shall keep a complete and
accurate record of all its | ||||||
24 | meetings. A majority of the members of the Board
shall | ||||||
25 | constitute a quorum for the transaction of any business, | ||||||
26 | for the
performance of any duty, or for the exercise of any |
| |||||||
| |||||||
1 | power which this Act
requires the Board members to | ||||||
2 | transact, perform or exercise en banc, except
that, upon | ||||||
3 | order of the Board, one of the Board members or an
| ||||||
4 | administrative law judge designated by the Board may | ||||||
5 | conduct any hearing
provided for under this Act or by Board | ||||||
6 | rule and may recommend findings and
decisions to the Board. | ||||||
7 | The Board member or administrative law judge
conducting | ||||||
8 | such hearing shall have all powers and rights granted to | ||||||
9 | the
Board in this Act. The record made at the time of the | ||||||
10 | hearing shall be
reviewed by the Board, or a majority | ||||||
11 | thereof, and the findings and decision
of the majority of | ||||||
12 | the Board shall constitute the order of the Board in
such | ||||||
13 | case ;
| ||||||
14 | (9) To maintain records which are separate and distinct | ||||||
15 | from the records
of any other State board or commission. | ||||||
16 | Such records shall be available
for public inspection and | ||||||
17 | shall accurately reflect all Board proceedings;
| ||||||
18 | (10) (Blank) To file a written annual report with the | ||||||
19 | Governor on or before
March 1 each year and such additional | ||||||
20 | reports as the Governor may request.
The annual report | ||||||
21 | shall include a statement of receipts and disbursements
by | ||||||
22 | the Board, actions taken by the Board, and any additional | ||||||
23 | information
and recommendations which the Board may deem | ||||||
24 | valuable or which the Governor
may request ;
| ||||||
25 | (11) (Blank); and
| ||||||
26 | (12) (Blank); and To assume responsibility for the |
| |||||||
| |||||||
1 | administration and
enforcement of the Bingo License and Tax | ||||||
2 | Act, the Charitable Games Act, and
the Pull Tabs and Jar | ||||||
3 | Games Act if such responsibility is delegated to it
by the | ||||||
4 | Director of Revenue.
| ||||||
5 | (13) To assume responsibility for the administration | ||||||
6 | and enforcement
of operations at electronic gaming | ||||||
7 | facilities pursuant to this Act.
| ||||||
8 | (c) The Board shall have jurisdiction over and shall | ||||||
9 | supervise all
gambling operations governed by this Act. The | ||||||
10 | Board shall have all powers
necessary and proper to fully and | ||||||
11 | effectively execute the provisions of
this Act, including, but | ||||||
12 | not limited to, the following:
| ||||||
13 | (1) To investigate applicants and determine the | ||||||
14 | eligibility of
applicants for licenses and to select among | ||||||
15 | competing applicants the
applicants which best serve the | ||||||
16 | interests of the citizens of Illinois.
| ||||||
17 | (2) To have jurisdiction and supervision over all | ||||||
18 | riverboat gambling
operations authorized under this Act
in | ||||||
19 | this State and all persons in
places
on riverboats where | ||||||
20 | gambling
operations are conducted.
| ||||||
21 | (3) To promulgate rules and regulations for the purpose | ||||||
22 | of administering
the provisions of this Act and to | ||||||
23 | prescribe rules, regulations and
conditions under which | ||||||
24 | all riverboat gambling operations subject to this
Act
in | ||||||
25 | the State shall be
conducted. Such rules and regulations | ||||||
26 | are to provide for the prevention of
practices detrimental |
| |||||||
| |||||||
1 | to the public interest and for the best interests of
| ||||||
2 | riverboat gambling, including rules and regulations | ||||||
3 | regarding the
inspection of licensed facilities
such | ||||||
4 | riverboats and the
review of any permits or licenses
| ||||||
5 | necessary to operate a licensed facility riverboat under | ||||||
6 | any laws or regulations applicable
to licensed facilities | ||||||
7 | riverboats, and to impose penalties for violations | ||||||
8 | thereof.
| ||||||
9 | (4) (Blank). To enter the office, riverboats, | ||||||
10 | facilities, or other
places of business of a licensee, | ||||||
11 | where evidence of the compliance or
noncompliance with the | ||||||
12 | provisions of this Act is likely to be found.
| ||||||
13 | (5) To investigate alleged violations of this Act or | ||||||
14 | the
rules of the Board and to take appropriate disciplinary
| ||||||
15 | action against a licensee or a holder of an occupational | ||||||
16 | license for a
violation, or institute appropriate legal | ||||||
17 | action for enforcement, or both.
| ||||||
18 | (6) To adopt standards for the licensing of all persons | ||||||
19 | under this Act,
as well as for electronic or mechanical | ||||||
20 | gambling games, and to establish
fees for such licenses.
| ||||||
21 | (7) To adopt appropriate standards for all licensed
| ||||||
22 | facilities authorized under this Act
riverboats
and
| ||||||
23 | facilities .
| ||||||
24 | (8) To require that the records, including financial or | ||||||
25 | other statements
of any licensee under this Act, shall be | ||||||
26 | kept in such manner as prescribed
by the Board and that any |
| |||||||
| |||||||
1 | such licensee involved in the ownership or
management of | ||||||
2 | gambling operations submit to the Board an annual balance
| ||||||
3 | sheet and profit and loss statement, list of the | ||||||
4 | stockholders or other
persons having a 1% or greater | ||||||
5 | beneficial interest in the gambling
activities of each | ||||||
6 | licensee, and any other information the Board deems
| ||||||
7 | necessary in order to effectively administer this Act and | ||||||
8 | all rules,
regulations, orders and final decisions | ||||||
9 | promulgated under this Act.
| ||||||
10 | (9) To conduct hearings, issue subpoenas for the | ||||||
11 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
12 | production of books, records
and other pertinent documents | ||||||
13 | in accordance with the Illinois
Administrative Procedure | ||||||
14 | Act, and to administer oaths and affirmations to
the | ||||||
15 | witnesses, when, in the judgment of the Board, it is | ||||||
16 | necessary to
administer or enforce this Act or the Board | ||||||
17 | rules.
| ||||||
18 | (10) To prescribe a form to be used by any licensee | ||||||
19 | involved in the
ownership or management of gambling | ||||||
20 | operations as an
application for employment for their | ||||||
21 | employees.
| ||||||
22 | (11) To revoke or suspend licenses, as the Board may | ||||||
23 | see fit and in
compliance with applicable laws of the State | ||||||
24 | regarding administrative
procedures, and to review | ||||||
25 | applications for the renewal of licenses. | ||||||
26 | (11.5) To The
Board may suspend a an owners license, |
| |||||||
| |||||||
1 | without
notice or hearing , upon a
determination that the | ||||||
2 | safety or health of patrons or employees is
jeopardized by | ||||||
3 | continuing a gambling operation conducted under that | ||||||
4 | license
a riverboat's operation . The suspension may
remain | ||||||
5 | in effect until the Board determines that the cause for | ||||||
6 | suspension
has been abated. After such a suspension, the | ||||||
7 | The Board may revoke a the owners license upon a
| ||||||
8 | determination that the licensee
owner has not made | ||||||
9 | satisfactory
progress toward
abating the hazard.
| ||||||
10 | (12) (Blank). To eject or exclude or authorize the | ||||||
11 | ejection or exclusion of, any
person from riverboat | ||||||
12 | gambling facilities where
such person is
in violation
of | ||||||
13 | this Act, rules and regulations thereunder, or final orders | ||||||
14 | of the
Board, or where such person's conduct or reputation | ||||||
15 | is such that his
presence within the riverboat gambling | ||||||
16 | facilities may, in the opinion of
the Board, call into | ||||||
17 | question the honesty and integrity of the gambling
| ||||||
18 | operations or interfere with orderly conduct thereof; | ||||||
19 | provided that the
propriety of such ejection or exclusion | ||||||
20 | is subject to subsequent hearing
by the Board.
| ||||||
21 | (13) To require all gaming licensees of gambling | ||||||
22 | operations to utilize a
cashless wagering system whereby | ||||||
23 | all players' money is converted to tokens,
electronic | ||||||
24 | cards, or chips which shall be used only for wagering in | ||||||
25 | the
gambling establishment.
| ||||||
26 | (14) (Blank).
|
| |||||||
| |||||||
1 | (15) To suspend, revoke or restrict licenses, to | ||||||
2 | require the
removal of a licensee or an employee of a | ||||||
3 | licensee for a violation of this
Act or a Board rule or for | ||||||
4 | engaging in a fraudulent practice, and to
impose civil | ||||||
5 | penalties of up to $5,000 against individuals and up to
| ||||||
6 | $10,000 or an amount equal to the daily gross receipts, | ||||||
7 | whichever is
larger, against licensees for each violation | ||||||
8 | of any provision of the Act,
any rules adopted by the | ||||||
9 | Board, any order of the Board or any other action
which, in | ||||||
10 | the Board's discretion, is a detriment or impediment to | ||||||
11 | riverboat
gambling operations.
| ||||||
12 | (16) To hire employees to gather information, conduct | ||||||
13 | investigations
and carry out any other tasks contemplated | ||||||
14 | under this Act.
| ||||||
15 | (17) To establish minimum levels of insurance to be | ||||||
16 | maintained by
licensees.
| ||||||
17 | (18) To authorize a gaming licensee to sell or serve | ||||||
18 | alcoholic liquors, wine or
beer as defined in the Liquor | ||||||
19 | Control Act of 1934 in a licensed facility on board a | ||||||
20 | riverboat
and to have exclusive authority to establish the | ||||||
21 | hours for sale and
consumption of alcoholic liquor in a | ||||||
22 | licensed facility on board a riverboat , notwithstanding | ||||||
23 | any
provision of the Liquor Control Act of 1934 or any | ||||||
24 | local ordinance, and
regardless of whether the riverboat | ||||||
25 | makes excursions. The
establishment of the hours for sale | ||||||
26 | and consumption of alcoholic liquor in a licensed facility |
| |||||||
| |||||||
1 | on
board a riverboat is an exclusive power and function of | ||||||
2 | the State. A home
rule unit may not establish the hours for | ||||||
3 | sale and consumption of alcoholic
liquor in a licensed | ||||||
4 | facility on board a riverboat . This subdivision (18)
| ||||||
5 | amendatory Act of
1991 is a denial and
limitation of home | ||||||
6 | rule powers and functions under subsection (h) of
Section 6 | ||||||
7 | of Article VII of the Illinois Constitution.
| ||||||
8 | (19) After consultation with the U.S. Army Corps of | ||||||
9 | Engineers, to
establish binding emergency orders upon the | ||||||
10 | concurrence of a majority of
the members of the Board | ||||||
11 | regarding the navigability of water, relative to
| ||||||
12 | excursions,
in the event
of extreme weather conditions, | ||||||
13 | acts of God or other extreme circumstances.
| ||||||
14 | (20) To delegate the execution of any of its powers | ||||||
15 | under this Act for
the purpose of administering and | ||||||
16 | enforcing this Act and its rules and
regulations hereunder.
| ||||||
17 | (21) To make rules concerning the conduct of electronic | ||||||
18 | gaming.
| ||||||
19 | (22) To make rules concerning the conduct of electronic | ||||||
20 | poker. | ||||||
21 | (23) To review all contracts entered into by gaming | ||||||
22 | licensees authorized under this Act. The Board must review | ||||||
23 | and approve all contracts entered into by a gaming licensee | ||||||
24 | for an aggregate amount of $10,000 or more or for a term to | ||||||
25 | exceed 365 days. If an electronic gaming licensee enters | ||||||
26 | into a contract that is exclusively related to the |
| |||||||
| |||||||
1 | operation of the licensee's race track, however, then no | ||||||
2 | Board approval is necessary. If there is any doubt as to | ||||||
3 | whether a contract entered into is exclusively related to | ||||||
4 | the operation of the licensee's race track, then the | ||||||
5 | contract shall be determined to be subject to the | ||||||
6 | jurisdiction of the Board. If a contract has been entered | ||||||
7 | into prior to Board authorization of a requested action, | ||||||
8 | including without limitation a contract for a construction | ||||||
9 | project for expansion of a facility, or for construction of | ||||||
10 | a relocated facility, then the contract is not valid until | ||||||
11 | the Board approves both the requested action and the | ||||||
12 | contract itself.
| ||||||
13 | (24)
(21) To take any other action as may be reasonable | ||||||
14 | or
appropriate to
enforce this Act and rules and | ||||||
15 | regulations hereunder.
| ||||||
16 | (d) (Blank). The Board may seek and shall receive the | ||||||
17 | cooperation of the
Department of State Police in conducting | ||||||
18 | background investigations of
applicants and in fulfilling its | ||||||
19 | responsibilities under
this Section. Costs incurred by the | ||||||
20 | Department of State Police as
a result of such cooperation | ||||||
21 | shall be paid by the Board in conformance
with the requirements | ||||||
22 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
23 | ILCS 2605/2605-400).
| ||||||
24 | (e) (Blank). The Board must authorize to each investigator | ||||||
25 | and to any other
employee of the Board exercising the powers of | ||||||
26 | a peace officer a distinct badge
that, on its face, (i) clearly |
| |||||||
| |||||||
1 | states that the badge is authorized by the Board
and
(ii) | ||||||
2 | contains a unique identifying number. No other badge shall be | ||||||
3 | authorized
by the Board.
| ||||||
4 | (f) Except as provided in subsection (h) of Section 5.4, | ||||||
5 | all Board meetings are subject to the Open Meetings Act. Three | ||||||
6 | members of the Board constitute a quorum, and 3 votes are | ||||||
7 | required for any final determination by the Board. The Board | ||||||
8 | shall keep a complete and accurate record of all its meetings. | ||||||
9 | A majority of the members of the Board constitute a quorum for | ||||||
10 | the transaction of any business, for the performance of any | ||||||
11 | duty, or for the exercise of any power that this Act requires | ||||||
12 | the Board members to transact, perform, or exercise en banc, | ||||||
13 | except that, upon order of the Board, one of the Board members | ||||||
14 | or an administrative law judge designated by the Board may | ||||||
15 | conduct any hearing provided for under this Act or by Board | ||||||
16 | rule and may recommend findings and decisions to the Board. The | ||||||
17 | Board member or administrative law judge conducting such | ||||||
18 | hearing has all powers and rights granted to the Board in this | ||||||
19 | Act. The record made at the time of the hearing shall be | ||||||
20 | reviewed by the Board, or a majority thereof, and the findings | ||||||
21 | and decision of the majority of the Board constitutes the order | ||||||
22 | of the Board in such case. | ||||||
23 | (g) The Board shall carry on a continuous study of the | ||||||
24 | operation and administration of gaming laws that may be in | ||||||
25 | effect in other jurisdictions, literature on this subject that | ||||||
26 | may from time to time become available, federal laws that may |
| |||||||
| |||||||
1 | affect the operation of gaming in this State, and the reaction | ||||||
2 | of Illinois citizens to existing and potential features of | ||||||
3 | gaming under this Act. The Board is responsible for | ||||||
4 | ascertaining any defects in this Act or in the rules adopted | ||||||
5 | thereunder, formulating recommendations for changes in this | ||||||
6 | Act to prevent abuses thereof, guarding against the use of this | ||||||
7 | Act as a cloak for the carrying on of illegal gambling or other | ||||||
8 | criminal activities, and insuring that this Act and the rules | ||||||
9 | are in such form and so administered as to serve the true | ||||||
10 | purposes of this Act. | ||||||
11 | (h) Prior to the issuance of the additional license | ||||||
12 | authorized by Section 7(e), the Board shall conduct a study of | ||||||
13 | the feasibility of granting the license to a publicly owned | ||||||
14 | authority as opposed to a privately owned authority. In | ||||||
15 | conducting this study, the Board shall consider: | ||||||
16 | (1) the highest prospective total revenue to be derived | ||||||
17 | by the State from the conduct of gambling as operated by a | ||||||
18 | publicly owned authority as opposed to a privately owned | ||||||
19 | authority; | ||||||
20 | (2) whether granting the license to a publicly owned | ||||||
21 | authority will maintain public confidence and trust in the | ||||||
22 | credibility and integrity of the gambling operations; | ||||||
23 | (3) the operation and administration of publicly owned | ||||||
24 | gaming operations in other jurisdictions; | ||||||
25 | (4) the reaction of Illinois citizens to a publicly | ||||||
26 | owned authority; |
| |||||||
| |||||||
1 | (5) whether a publicly owned authority has a greater | ||||||
2 | financial ability to insure against liability and | ||||||
3 | casualty; | ||||||
4 | (6) whether a publicly owned authority can more | ||||||
5 | adequately assure capitalization to provide and maintain, | ||||||
6 | for the duration of a license, a gaming operation; and | ||||||
7 | (7) the extent to which a publicly owned authority | ||||||
8 | exceeds or meets the standards for the issuance of an | ||||||
9 | owner's license which the Board may adopt by rule. | ||||||
10 | (i) The Board shall file with the Governor and the General | ||||||
11 | Assembly an annual report of (i) all revenues, expenses, and | ||||||
12 | disbursements, (ii) actions taken by the Board, (iii) activity | ||||||
13 | at Responsible Play Information Centers at licensed | ||||||
14 | facilities, and (iv) any recommendations for changes in this | ||||||
15 | Act as the Board deems necessary or desirable. The Board shall | ||||||
16 | also report recommendations that promote more efficient | ||||||
17 | operations of the Board. | ||||||
18 | (j) The Board shall report immediately to the Governor and | ||||||
19 | the General Assembly any matters that in its judgment require | ||||||
20 | immediate changes in the laws of this State in order to prevent | ||||||
21 | abuses and evasions of this Act or of its rules or to rectify | ||||||
22 | undesirable conditions in connection with the operation and | ||||||
23 | regulation of gambling operations. | ||||||
24 | (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, | ||||||
25 | eff.
1-1-01.)
|
| |||||||
| |||||||
1 | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
| ||||||
2 | Sec. 5.1. Disclosure of records.
| ||||||
3 | (a) Notwithstanding any applicable statutory provision to | ||||||
4 | the contrary,
the Board shall, on written request from any | ||||||
5 | person, provide
information furnished by an applicant for a | ||||||
6 | gaming license or a gaming licensee concerning the applicant
or | ||||||
7 | licensee, his products, services or gambling enterprises and | ||||||
8 | his
business holdings, as follows:
| ||||||
9 | (1) The name, business address and business telephone | ||||||
10 | number of any
applicant or licensee.
| ||||||
11 | (2) An identification of any applicant or licensee | ||||||
12 | including, if an
applicant or licensee is not an | ||||||
13 | individual, the state of incorporation or
registration, | ||||||
14 | the corporate officers, and the identity of all | ||||||
15 | shareholders
or participants. If an applicant or licensee | ||||||
16 | has a pending registration
statement filed with the | ||||||
17 | Securities and Exchange Commission, only the names
of those | ||||||
18 | persons or entities holding interest of 1% 5% or more must | ||||||
19 | be provided.
| ||||||
20 | (3) An identification of any business, including, if | ||||||
21 | applicable, the
state of incorporation or registration, in | ||||||
22 | which an applicant or licensee
or an applicant's or | ||||||
23 | licensee's spouse or children has an equity interest
of | ||||||
24 | more than 1% 5% . If an applicant or licensee is a | ||||||
25 | corporation, partnership
or other business entity, the | ||||||
26 | applicant or licensee shall identify any
other |
| |||||||
| |||||||
1 | corporation, partnership or business entity in which it has | ||||||
2 | an equity
interest of 1% 5% or more, including, if | ||||||
3 | applicable, the state of
incorporation or registration. | ||||||
4 | This information need not be provided by a
corporation, | ||||||
5 | partnership or other business entity that has a pending
| ||||||
6 | registration statement filed with the Securities and | ||||||
7 | Exchange Commission.
| ||||||
8 | (4) Whether an applicant or licensee has been indicted, | ||||||
9 | convicted,
pleaded guilty or nolo contendere, or forfeited | ||||||
10 | bail concerning any
criminal offense under the laws of any | ||||||
11 | jurisdiction, either felony or
misdemeanor (except for | ||||||
12 | traffic violations), including the date, the name
and | ||||||
13 | location of the court, arresting agency and prosecuting | ||||||
14 | agency, the
case number, the offense, the disposition and | ||||||
15 | the location and length of
incarceration.
| ||||||
16 | (5) Whether an applicant or licensee has had any | ||||||
17 | license or
certificate issued by a licensing authority in | ||||||
18 | Illinois or any other
jurisdiction denied, restricted, | ||||||
19 | suspended, revoked or not renewed and a
statement | ||||||
20 | describing the facts and circumstances concerning the | ||||||
21 | denial,
restriction, suspension, revocation or | ||||||
22 | non-renewal, including the licensing
authority, the date | ||||||
23 | each such action was taken, and the reason for each
such | ||||||
24 | action.
| ||||||
25 | (6) Whether an applicant or licensee has ever filed or | ||||||
26 | had filed against
it a proceeding in bankruptcy or has ever |
| |||||||
| |||||||
1 | been involved in any formal
process to adjust, defer, | ||||||
2 | suspend or otherwise work out the payment of any
debt | ||||||
3 | including the date of filing, the name and location of the | ||||||
4 | court, the
case and number of the disposition.
| ||||||
5 | (7) Whether an applicant or licensee has filed, or been | ||||||
6 | served with a
complaint or other notice filed with any | ||||||
7 | public body, regarding the
delinquency in the payment of, | ||||||
8 | or a dispute over the filings concerning the
payment of, | ||||||
9 | any tax required under federal, State or local law, | ||||||
10 | including
the amount, type of tax, the taxing agency and | ||||||
11 | time periods involved.
| ||||||
12 | (8) A statement listing the names and titles of all | ||||||
13 | public officials
or officers of any unit of government, and | ||||||
14 | relatives of said
public officials or officers who, | ||||||
15 | directly or indirectly, own
any financial interest in, have | ||||||
16 | any beneficial interest in, are the
creditors of or hold | ||||||
17 | any debt instrument issued by, or hold or have any
interest | ||||||
18 | in any contractual or service relationship with, an | ||||||
19 | applicant
or licensee.
| ||||||
20 | (9) Whether an applicant or licensee has made, directly | ||||||
21 | or indirectly,
any political contribution, or any loans, | ||||||
22 | donations or other payments, to
any candidate or office | ||||||
23 | holder, within 5 years from the date of filing the
| ||||||
24 | application, including the amount and the method of | ||||||
25 | payment.
| ||||||
26 | (10) The name and business telephone number of the |
| |||||||
| |||||||
1 | counsel
representing an applicant or licensee in matters | ||||||
2 | before the Board.
| ||||||
3 | (11) A description of any proposed or approved gambling | ||||||
4 | riverboat
gaming operation, including the type of boat (if | ||||||
5 | applicable) , home dock location, expected
economic benefit | ||||||
6 | to the community, anticipated or actual number of
| ||||||
7 | employees, any statement from an applicant or licensee | ||||||
8 | regarding compliance
with federal and State affirmative | ||||||
9 | action guidelines, projected or actual
admissions and | ||||||
10 | projected or actual adjusted gross gaming receipts.
| ||||||
11 | (12) A description of the product or service to be | ||||||
12 | supplied by an
applicant for a supplier's license.
| ||||||
13 | (b) Notwithstanding any applicable statutory provision to | ||||||
14 | the contrary,
the Board shall, on written request from any | ||||||
15 | person, also provide
the following information furnished by an | ||||||
16 | applicant for a gaming license or gaming licensee :
| ||||||
17 | (1) The amount of the wagering tax and admission tax | ||||||
18 | paid daily to the
State of Illinois by the holder of an | ||||||
19 | owner's license.
| ||||||
20 | (2) Whenever the Board finds an applicant for an | ||||||
21 | owner's license
unsuitable for licensing, a copy of the | ||||||
22 | written letter outlining the
reasons for the denial.
| ||||||
23 | (3) Whenever the Board has refused to grant leave for | ||||||
24 | an applicant to
withdraw his application, a copy of the | ||||||
25 | letter outlining the reasons for
the refusal.
| ||||||
26 | (c) Subject to the above provisions, the Board shall not |
| |||||||
| |||||||
1 | disclose any
information which would be barred by:
| ||||||
2 | (1) Section 7 of the Freedom of Information Act; or
| ||||||
3 | (2) The statutes, rules, regulations or | ||||||
4 | intergovernmental agreements
of any jurisdiction.
| ||||||
5 | (d) The Board may assess fees for the copying of | ||||||
6 | information in
accordance with Section 6 of the Freedom of | ||||||
7 | Information Act.
| ||||||
8 | (Source: P.A. 87-826.)
| ||||||
9 | (230 ILCS 10/5.2 new)
| ||||||
10 | Sec. 5.2. Separation from Department of Revenue. On the | ||||||
11 | effective date of this amendatory Act of the 95th General | ||||||
12 | Assembly, all of the powers, duties, assets, liabilities, | ||||||
13 | employees, contracts, property, records, pending business, and | ||||||
14 | unexpended appropriations of the Department of Revenue related | ||||||
15 | to the administration and enforcement of this Act are | ||||||
16 | transferred to the Illinois Gaming Board and the Office of | ||||||
17 | Gaming Enforcement. | ||||||
18 | The status and rights of the transferred employees, and the | ||||||
19 | rights of the State of Illinois and its agencies, under the | ||||||
20 | Personnel Code and applicable collective bargaining agreements | ||||||
21 | or under any pension, retirement, or annuity plan are not | ||||||
22 | affected (except as provided in the Illinois Pension Code) by | ||||||
23 | that transfer or by any other provision of this amendatory Act | ||||||
24 | of the 95th General Assembly.
|
| |||||||
| |||||||
1 | (230 ILCS 10/5.3 new)
| ||||||
2 | Sec. 5.3. Nomination Panel. | ||||||
3 | (a) The Nomination Panel is established to provide a list | ||||||
4 | of nominees to the Governor for appointment to the Illinois | ||||||
5 | Gaming Board, the Illinois Racing Board, the Illinois Casino | ||||||
6 | Development Board, and the position of Director of Gaming | ||||||
7 | Enforcement. Members of the Nomination Panel shall be the | ||||||
8 | following: (1) the Executive Ethics Commissioner appointed by | ||||||
9 | the Secretary of State; (2) the Executive Ethics Commissioner | ||||||
10 | appointed by the Treasurer; (3) the Executive Ethics | ||||||
11 | Commissioner appointed by the Comptroller; (4) the Executive | ||||||
12 | Ethics Commissioner appointed by the Attorney General; and (5) | ||||||
13 | one Executive Ethics Commissioner appointed by the Governor. | ||||||
14 | However, the appointing authorities as of the effective date of | ||||||
15 | this amendatory Act of the 95th General Assembly shall remain | ||||||
16 | empowered to fill vacancies on the Nomination Panel until all | ||||||
17 | members of the new Gaming Board, Racing Board, and Illinois | ||||||
18 | Casino Development Board and the Director of Gaming Enforcement | ||||||
19 | have been appointed and qualified, regardless of whether such | ||||||
20 | appointing authorities remain members of the Executive Ethics | ||||||
21 | Commission. In the event of such appointing authority's | ||||||
22 | disqualification, resignation, or refusal to serve as an | ||||||
23 | appointing authority, the Constitutional officer that | ||||||
24 | appointed the Executive Ethics Commissioner may name a designee | ||||||
25 | to serve as an appointing authority for the Nomination Panel. | ||||||
26 | The appointing authorities may hold so many public or |
| |||||||
| |||||||
1 | non-public meetings as is required to fulfill their duties, and | ||||||
2 | may utilize the staff and budget of the Executive Ethics | ||||||
3 | Commission in carrying out their duties; provided, however, | ||||||
4 | that a final vote on appointees to the Nomination Panel shall | ||||||
5 | take place in a meeting governed by the Open Meetings Act. Any | ||||||
6 | ex parte communications regarding the Nomination Panel must be | ||||||
7 | made a part of the record at the next public meeting and part | ||||||
8 | of a written record. The appointing authorities shall file a | ||||||
9 | list of members of the Nomination Panel with the Secretary of | ||||||
10 | State within 60 days after the effective date of this | ||||||
11 | amendatory Act of the 95th General Assembly. A vacancy on the | ||||||
12 | Nomination Panel due to disqualification or resignation must be | ||||||
13 | filled within 60 days of a vacancy and the appointing | ||||||
14 | authorities must file the name of the new appointee with the | ||||||
15 | Secretary of State. | ||||||
16 | (b) Candidates for nomination to the Illinois Gaming Board, | ||||||
17 | the Illinois Racing Board, or the position of Director of | ||||||
18 | Gaming Enforcement may apply or be nominated. All candidates | ||||||
19 | must fill out a written application and submit to a background | ||||||
20 | investigation to be eligible for consideration. The written | ||||||
21 | application must include, at a minimum, a sworn statement | ||||||
22 | disclosing any communications that the applicant has engaged in | ||||||
23 | with a constitutional officer, a member of the General | ||||||
24 | Assembly, a special government agent (as that term is defined | ||||||
25 | in Section 4A-101 of the Illinois Governmental Ethics Act), a | ||||||
26 | director, secretary, or other employee of the executive branch |
| |||||||
| |||||||
1 | of the State, or an employee of the legislative branch of the | ||||||
2 | State related to the regulation of gaming within the last year. | ||||||
3 | A person who provides false or misleading information on | ||||||
4 | the application or fails to disclose a communication required | ||||||
5 | to be disclosed in the sworn statement under this Section is | ||||||
6 | guilty of a Class 4 felony. | ||||||
7 | (c) Once an application is submitted to the Nomination | ||||||
8 | Panel and until (1) the candidate is rejected by the Nomination | ||||||
9 | Panel, (2) the candidate is rejected by the Governor, (3) the | ||||||
10 | candidate is rejected by the Senate, or (4) the candidate is | ||||||
11 | confirmed by the Senate, whichever is applicable, a candidate | ||||||
12 | may not engage in ex parte communications, as that term is | ||||||
13 | defined in Section 5.7 of this Act. | ||||||
14 | (d) For the purpose of making the initial nominations after | ||||||
15 | the effective date of the amendatory Act of the 95th General | ||||||
16 | Assembly, the Nomination Panel shall request the assistance of | ||||||
17 | the Illinois State Police to conduct the background | ||||||
18 | investigation. The Nomination Panel shall have 60 days after | ||||||
19 | approval with the Illinois State Police to conduct background | ||||||
20 | investigations of candidates under consideration of the | ||||||
21 | Nomination Panel. | ||||||
22 | (e) The Nomination Panel must review written applications, | ||||||
23 | determine eligibility for oral interviews, confirm | ||||||
24 | satisfactory background investigations, and hold public | ||||||
25 | hearings on qualifications of candidates. Initial interviews | ||||||
26 | of candidates need not be held in meetings subject to the Open |
| |||||||
| |||||||
1 | Meetings Act; members or staff may arrange for informal | ||||||
2 | interviews. Prior to recommendation, however, the Nomination | ||||||
3 | Panel must question candidates in a meeting subject to the Open | ||||||
4 | Meetings Act under oath. | ||||||
5 | (f) The Nomination Panel must review written applications, | ||||||
6 | determine eligibility for oral interviews, confirm | ||||||
7 | satisfactory criminal history records checks, and hold public | ||||||
8 | hearings on qualifications of candidates. | ||||||
9 | (g) The Nomination Panel must recommend candidates for | ||||||
10 | nomination to the Illinois Gaming Board, the Illinois Racing | ||||||
11 | Board, and the Director of Gaming Enforcement. The Governor may | ||||||
12 | choose only from the Nomination Panel's recommendations; | ||||||
13 | however, within 30 days, he or she must accept or reject the | ||||||
14 | original recommendations and request additional | ||||||
15 | recommendations from the Nomination Panel, if necessary. The | ||||||
16 | Nomination Panel shall recommend to the Governor 3 candidates | ||||||
17 | for every open position for the Illinois Racing Board, the | ||||||
18 | Illinois Gaming Board, and the Director of Gaming Enforcement. | ||||||
19 | The Nomination Panel shall recommend candidates to the Governor | ||||||
20 | within 10 days upon request by the Governor for additional | ||||||
21 | candidates. The Nomination Panel shall file the names of | ||||||
22 | nominees with the Senate and the Secretary of State. The | ||||||
23 | Secretary of State shall indicate the date and time of filing. | ||||||
24 | Any nominations not forwarded by the Governor to the Senate | ||||||
25 | within 30 days are disapproved. | ||||||
26 | (h) Selections by the Governor must receive the consent of |
| |||||||
| |||||||
1 | the Senate by two-thirds of members by record vote. | ||||||
2 | (230 ILCS 10/5.4 new)
| ||||||
3 | Sec. 5.4. Office of Gaming Enforcement. | ||||||
4 | (a) There is established the Office of Gaming Enforcement, | ||||||
5 | which shall have the powers and duties specified in this Act or | ||||||
6 | the Illinois Horse Racing Act of 1975. Its jurisdiction shall | ||||||
7 | extend under this Act and the Illinois Horse Racing Act of 1975 | ||||||
8 | to every licensee, person, association, corporation, | ||||||
9 | partnership and trust involved in gambling operations in the | ||||||
10 | State of Illinois. | ||||||
11 | (b) The Office shall have an officer as its head who shall | ||||||
12 | be known as the Director and who shall execute the powers and | ||||||
13 | discharge the duties given to the Office by this Act and the | ||||||
14 | Illinois Horse Racing Act of 1975. The Director must have at | ||||||
15 | least 10 years experience in law enforcement and investigatory | ||||||
16 | methods at the federal or state level, but not necessarily in | ||||||
17 | Illinois, with a preference given for experience in regulation | ||||||
18 | or investigation in the gaming industry. Nominations for the | ||||||
19 | position of Director must be made by the Nomination Panel as | ||||||
20 | provided in Section 5.3. The Director of the Office may be | ||||||
21 | removed by the Governor for neglect of duty, misfeasance, | ||||||
22 | malfeasance, or nonfeasance in office. The Director shall | ||||||
23 | receive an annual salary equal to the annual salary of a State | ||||||
24 | appellate court judge and shall hold no other employment for | ||||||
25 | which he or she receives compensation. The Director may not |
| |||||||
| |||||||
1 | hold a local, state, or federal elective or appointive office | ||||||
2 | or be employed by a local, state, or federal governmental | ||||||
3 | entity while in office. | ||||||
4 | (c) The Director shall employ such personnel as may be | ||||||
5 | necessary to carry out the functions of the Office and shall | ||||||
6 | determine the salaries of all personnel, except those personnel | ||||||
7 | whose salaries are determined under the terms of a collective | ||||||
8 | bargaining agreement. An employee or the employee's spouse, | ||||||
9 | parent, or child, may not, for 2 years before employment, | ||||||
10 | during employment, and for 5 years after employment by the | ||||||
11 | Office have a financial interest in or financial relationship | ||||||
12 | with, any operator engaged in gambling operations within this | ||||||
13 | State or any organization engaged in conducting horse racing | ||||||
14 | within this State. Any employee violating these prohibitions is | ||||||
15 | subject to termination of employment. | ||||||
16 | (d) The Office shall have general responsibility for the | ||||||
17 | investigation and enforcement under this Act and the Illinois | ||||||
18 | Horse Racing Act of 1975. Its duties include without limitation | ||||||
19 | the following: | ||||||
20 | (1) To be present through its inspectors and agents any | ||||||
21 | time gambling operations are conducted for the purpose of | ||||||
22 | certifying the revenue thereof, receiving complaints from | ||||||
23 | the public, and conducting such other investigations into | ||||||
24 | the conduct of the gambling games and the maintenance of | ||||||
25 | the equipment as from time to time the Board may deem | ||||||
26 | necessary and proper. |
| |||||||
| |||||||
1 | (2) To supervise all gambling operations authorized | ||||||
2 | under this Act and the Illinois Horse Racing Act of 1975 | ||||||
3 | and all persons in places where gambling operations are | ||||||
4 | conducted. | ||||||
5 | (3) To promulgate rules regarding the inspection of | ||||||
6 | riverboats, casinos, and electronic gaming facilities. | ||||||
7 | (4) To enter the licensed facility or other places of | ||||||
8 | business of a licensee under this Act or the Illinois Horse | ||||||
9 | Racing Act of 1975 where evidence of the compliance or | ||||||
10 | noncompliance with the provisions of those Acts are likely | ||||||
11 | to be found. | ||||||
12 | (5) To exchange fingerprint data with, and receive | ||||||
13 | criminal history record information from, the Federal | ||||||
14 | Bureau of Investigation, to the extent possible, and the | ||||||
15 | Department of State Police for use in considering | ||||||
16 | applicants for any license. | ||||||
17 | (6) To eject or exclude or authorize the ejection or | ||||||
18 | exclusion of any person from licensed facilities where the | ||||||
19 | person is in violation of this Act or the Illinois Horse | ||||||
20 | Racing Act of 1975, rules thereunder, or final orders of | ||||||
21 | the appropriate Board, or where such person's conduct or | ||||||
22 | reputation is such that his or her presence within the | ||||||
23 | licensed facilities may call into question the honesty and | ||||||
24 | integrity of the gambling operations or interfere with the | ||||||
25 | orderly conduct thereof; provided that the propriety of | ||||||
26 | such ejection or exclusion is subject to subsequent |
| |||||||
| |||||||
1 | hearing. | ||||||
2 | (7) To hire employees to gather information, conduct | ||||||
3 | investigations, and carry out any other tasks contemplated | ||||||
4 | under this Act or the Illinois Horse Racing Act of 1975. | ||||||
5 | (8) To conduct investigations on its own initiative or | ||||||
6 | as requested by the Illinois Gaming Board, Illinois Racing | ||||||
7 | Board, or the Nomination Panel, including without | ||||||
8 | limitation investigations for suspected violations of this | ||||||
9 | Act and the Illinois Horse Racing Act of 1975 and | ||||||
10 | investigations for issuance or renewal of a license. | ||||||
11 | (e) The Office must issue to each investigator and to any | ||||||
12 | other employee of the Office exercising the powers of a peace | ||||||
13 | officer a distinct badge that, on its face, (i) clearly states | ||||||
14 | that the badge is authorized by the Office and (ii) contains a | ||||||
15 | unique identifying number. No other badge shall be authorized | ||||||
16 | by the Office. | ||||||
17 | (f) The Office is a law enforcement agency, and its | ||||||
18 | employees and agents shall have such law enforcement powers as | ||||||
19 | may be delegated to them by the Attorney General to effectuate | ||||||
20 | the purposes of this Act. | ||||||
21 | (g) Whenever the Office has reason to believe that any | ||||||
22 | person may be in possession, custody, or control of any | ||||||
23 | documentary material or information relevant to an | ||||||
24 | investigation, the Office may, before commencing a civil | ||||||
25 | proceeding under this Act, issue in writing and cause to be | ||||||
26 | served upon such person, a subpoena requiring such person:
(A) |
| |||||||
| |||||||
1 | to produce such documentary material for
inspection and | ||||||
2 | copying,
(B) to answer, in writing, written
interrogatories | ||||||
3 | with respect to such documentary material or information,
(C) | ||||||
4 | to give oral testimony concerning such
documentary material or | ||||||
5 | information, or
(D) to furnish any combination of such | ||||||
6 | material,
answers, or testimony. | ||||||
7 | (h) The Office may order any person to answer a question or | ||||||
8 | questions or produce evidence of any kind and confer immunity | ||||||
9 | as provided in this subsection. If, in the course of any | ||||||
10 | investigation or hearing conducted under this Act, a person | ||||||
11 | refuses to answer a question or produce evidence on the ground | ||||||
12 | that he or she will be exposed to criminal prosecution thereby, | ||||||
13 | then in addition to any other remedies or sanctions provided | ||||||
14 | for by this Act, the Office may, by resolution of the Board and | ||||||
15 | after the written approval of the Attorney General, issue an | ||||||
16 | order to answer or to produce evidence with immunity.
Hearings, | ||||||
17 | documents, and other communications regarding the granting of | ||||||
18 | immunity are not subject to the Freedom of Information Act or | ||||||
19 | the Open Meetings Act. If, upon issuance of such an order, the | ||||||
20 | person complies therewith, he or she shall be immune from | ||||||
21 | having such responsive answer given by him or her or such | ||||||
22 | responsive evidence produced by him or her, or evidence derived | ||||||
23 | therefrom, used to expose him or her to criminal prosecution, | ||||||
24 | except that such person may nevertheless be prosecuted for any | ||||||
25 | perjury committed in such answer or in producing such evidence, | ||||||
26 | or for contempt for failing to give an answer or produce |
| |||||||
| |||||||
1 | evidence in accordance with the order of the Office; provided, | ||||||
2 | however, that no period of incarceration for contempt shall | ||||||
3 | exceed 18 months in duration. Any such answer given or evidence | ||||||
4 | produced shall be admissible against him or her upon any | ||||||
5 | criminal investigation, proceeding, or trial against him or her | ||||||
6 | for such perjury; upon any investigation, proceeding or trial | ||||||
7 | against him or her for such contempt; or in any manner | ||||||
8 | consistent with State and constitutional provisions. | ||||||
9 | (i) When the Office or any entity authorized under this Act | ||||||
10 | or the Illinois Horse Racing Act of 1975 is authorized or | ||||||
11 | required by law to conduct a background investigation, the | ||||||
12 | Office shall: | ||||||
13 | (1) conduct a criminal history record check | ||||||
14 | investigation to obtain any information currently or | ||||||
15 | subsequently contained in the files of the State Police | ||||||
16 | and, if possible, the Federal Bureau of Investigation, | ||||||
17 | regarding possible criminal behavior, including | ||||||
18 | misdemeanor and felony convictions; | ||||||
19 | (2) conduct a civil action record check investigation | ||||||
20 | to obtain information regarding any civil matters to which | ||||||
21 | the person was a party, witness, or in any way | ||||||
22 | substantially participated in the matter; | ||||||
23 | (3) conduct investigation of personal and professional | ||||||
24 | references and acquaintances, including, but not limited | ||||||
25 | to, current and former employers or employees; or | ||||||
26 | (4) conduct investigation of financial history. |
| |||||||
| |||||||
1 | (230 ILCS 10/5.5 new)
| ||||||
2 | Sec. 5.5. Ethics provisions. | ||||||
3 | (a) Conflict of interest. Board members, members of the | ||||||
4 | Nomination Panel, the Director of Gaming Enforcement, and | ||||||
5 | employees may not engage in communications or any activity that | ||||||
6 | may cause or have the appearance of causing a conflict of | ||||||
7 | interest. A conflict of interest exists if a situation | ||||||
8 | influences or creates the appearance that it may influence | ||||||
9 | judgment or performance of regulatory duties and | ||||||
10 | responsibilities. This prohibition shall extend to any act | ||||||
11 | identified by Board action that, in the judgment of the Board, | ||||||
12 | could represent the potential for or the appearance of a | ||||||
13 | conflict of interest. | ||||||
14 | (b) No State constitutional officer or member of the | ||||||
15 | General Assembly nor an entity from which the State | ||||||
16 | constitutional officer or member of the General Assembly | ||||||
17 | receives compensation may own an interest, either directly or | ||||||
18 | indirectly, in a riverboat or land-based casino or have a | ||||||
19 | financial interest or relationship, either directly or | ||||||
20 | indirectly, with any entity that owns, operates, or is an | ||||||
21 | affiliate of a riverboat or land-based casino for a period of 5 | ||||||
22 | years after the State constitutional officer or member of | ||||||
23 | General Assembly leaves office. The holding or acquisition of | ||||||
24 | an interest in such entities through indirect means, such as | ||||||
25 | through a mutual fund, shall not be prohibited. For purposes of |
| |||||||
| |||||||
1 | this subsection (b), "State constitutional officer or member of | ||||||
2 | the General Assembly" includes the spouse or minor child of the | ||||||
3 | State constitutional officer or member of the General Assembly. | ||||||
4 | A violation of this subsection (b) is a Class 4 felony. | ||||||
5 | (c) Financial interest. Board members, members of the | ||||||
6 | Nomination Panel, the Director of Gaming Enforcement, and | ||||||
7 | employees may not have a financial interest, directly or | ||||||
8 | indirectly, in his or her own name or in the name of any other | ||||||
9 | person, partnership, association, trust, corporation, or other | ||||||
10 | entity, in any contract or subcontract for the performance of | ||||||
11 | any work for the Board or for any licensee. This prohibition | ||||||
12 | shall extend to the holding or acquisition of an interest in | ||||||
13 | any entity identified by Board action that, in the judgment of | ||||||
14 | the Board, could represent the potential for or the appearance | ||||||
15 | of a financial interest. The holding or acquisition of an | ||||||
16 | interest in such entities through an indirect means, such as | ||||||
17 | through a mutual fund, shall not be prohibited, except that | ||||||
18 | Board may identify specific investments or funds that, in its | ||||||
19 | judgment, are so influenced by gaming holdings as to represent | ||||||
20 | the potential for or the appearance of a conflict of interest. | ||||||
21 | (d) Gambling. Except as may be required in the conduct of | ||||||
22 | official duties, Board members and employees and the Director | ||||||
23 | of Gaming Enforcement shall not engage in gambling on any | ||||||
24 | riverboat, in any casino, or in an electronic gaming facility | ||||||
25 | licensed by the Board or engage in legalized gambling in any | ||||||
26 | establishment identified by Board action that, in the judgment |
| |||||||
| |||||||
1 | of the Board, could represent a potential for a conflict of | ||||||
2 | interest. | ||||||
3 | (e) Outside employment. A Board member, an employee, or the | ||||||
4 | Director of Gaming Enforcement may not, within a period of 5 | ||||||
5 | years immediately after termination of employment, knowingly | ||||||
6 | accept employment or receive compensation or fees for services | ||||||
7 | from a person or entity, or its parent or affiliate, that has | ||||||
8 | engaged in business with the Board that resulted in contracts | ||||||
9 | with an aggregate value of at least $25,000 or if that Board | ||||||
10 | member, employee, or the Director has made a decision that | ||||||
11 | directly applied to the person or entity, or its parent or | ||||||
12 | affiliate. Board members and employees shall not hold or pursue | ||||||
13 | employment, office, position, business, or occupation that | ||||||
14 | conflict with his or her official duties. Board members shall | ||||||
15 | not engage in other employment. Employees may engage in other | ||||||
16 | gainful employment so long as that employment does not | ||||||
17 | interfere or conflict with their duties and such employment is | ||||||
18 | approved by the Board. | ||||||
19 | (f) Gift ban. Board members, the Director of Gaming | ||||||
20 | Enforcement, and employees may not accept any gift, gratuity, | ||||||
21 | service, compensation, travel, lodging, or thing of value, with | ||||||
22 | the exception of unsolicited items of an incidental nature, | ||||||
23 | from any person, corporation or entity doing business with the | ||||||
24 | Board. For the Director and employees of the Office of Gaming | ||||||
25 | Enforcement, this ban shall also apply to any person, | ||||||
26 | corporation, or entity doing business with the Illinois Racing |
| |||||||
| |||||||
1 | Board. | ||||||
2 | (g) Abuse of Position. A Board member, member of the | ||||||
3 | Nomination Panel, Director of Gaming Enforcement, or employee | ||||||
4 | shall not use or attempt to use his or her official position to | ||||||
5 | secure, or attempt to secure, any privilege, advantage, favor, | ||||||
6 | or influence for himself or herself or others. No Board member, | ||||||
7 | member of the Nomination Panel, Director of Gaming Enforcement, | ||||||
8 | or employee of the Authority may attempt, in any way, to | ||||||
9 | influence any person or corporation doing business with the | ||||||
10 | Authority or any officer, agent, or employee thereof to hire or | ||||||
11 | contract with any person or corporation for any compensated | ||||||
12 | work. | ||||||
13 | (h) Political activity. No member of the Board, employee, | ||||||
14 | or the Director of Gaming Enforcement shall engage in any | ||||||
15 | political activity. For the purposes of this subsection, | ||||||
16 | "political activity" means any activity in support of or in | ||||||
17 | connection with any campaign for State or local elective office | ||||||
18 | or any political organization, but does not include activities | ||||||
19 | (i) relating to the support of opposition of any executive, | ||||||
20 | legislative, or administrative action (as those terms are | ||||||
21 | defined in Section 2 of the Lobbyist Registration Act), (ii) | ||||||
22 | relating to collective bargaining, or (iii) that are otherwise | ||||||
23 | in furtherance of the person's official State duties or | ||||||
24 | governmental and public service functions. | ||||||
25 | (i) A spouse, child, or parent of a Board member, the | ||||||
26 | Director of Gaming Enforcement, or an employee may not: |
| |||||||
| |||||||
1 | (1) Have a financial interest, directly or indirectly, | ||||||
2 | in his or her own name or in the name of any other person, | ||||||
3 | partnership, association, trust, corporation, or other | ||||||
4 | entity, in any contract or subcontract for the performance | ||||||
5 | of any work for the Board of any licensee. This prohibition | ||||||
6 | shall extend to the holding or acquisition of an interest | ||||||
7 | in any entity identified by Board action that, in the | ||||||
8 | judgment of the Board, could represent the potential for or | ||||||
9 | the appearance of a conflict of interest. The holding or | ||||||
10 | acquisition of an interest in such entities through an | ||||||
11 | indirect means, such as through a mutual fund, shall not be | ||||||
12 | prohibited, expect that the Board may identify specific | ||||||
13 | investments or funds that, in its judgment, are so | ||||||
14 | influenced by gaming holdings as to represent the potential | ||||||
15 | for or the appearance of a conflict of interest. | ||||||
16 | (2) Accept any gift, gratuity, service, compensation, | ||||||
17 | travel, lodging, or thing of value, with the exception of | ||||||
18 | unsolicited items of an incidental nature, from any person, | ||||||
19 | corporation or entity doing business with the Board. | ||||||
20 | (3) Within a period of 2 years immediately after | ||||||
21 | termination of employment, knowingly accept employment or | ||||||
22 | receive compensation or fees for services from a person or | ||||||
23 | entity, or its parent or affiliate, that has engaged in | ||||||
24 | business with the Board or Office of Gaming Enforcement | ||||||
25 | that resulted in contracts with an aggregate value of at | ||||||
26 | least $25,000 or if the Board or Office has made a decision |
| |||||||
| |||||||
1 | that directly applied to the person or entity, or its | ||||||
2 | parent or affiliate. | ||||||
3 | (j) Any Board member, member of the Nomination Panel, | ||||||
4 | Director of Gaming Enforcement, or employee or spouse, child, | ||||||
5 | or parent of a Board member, member of the Nomination Panel, | ||||||
6 | Director of Gaming Enforcement, or employee who violates any | ||||||
7 | provision of this Section is guilty of a Class 4 felony. | ||||||
8 | (230 ILCS 10/5.7 new)
| ||||||
9 | Sec. 5.7. Ex parte communications. | ||||||
10 | (a) For the purpose of this Section: | ||||||
11 | "Ex parte communication" means any written or oral | ||||||
12 | communication by any person that imparts or requests material | ||||||
13 | information or makes a material argument regarding potential | ||||||
14 | action concerning regulatory, quasi regulatory, investment, or | ||||||
15 | licensing matters pending before or under consideration by the | ||||||
16 | Illinois Gaming Board. "Ex parte communication" does not | ||||||
17 | include the following: (i) statements by a person publicly made | ||||||
18 | in a public forum; (ii) statements regarding matters of | ||||||
19 | procedure and practice, such as format, the number of copies | ||||||
20 | required, the manner of filing, and the status of a matter; | ||||||
21 | (iii) statements regarding recommendation for pending or | ||||||
22 | approved legislation; (iv) statements made by a State employee | ||||||
23 | of the agency to the agency head or other employees of that | ||||||
24 | agency. | ||||||
25 | "Ex parte communication" does not include conversations |
| |||||||
| |||||||
1 | concerning qualifications to serve on the Board or as Director | ||||||
2 | of Gaming Enforcement between members of the Senate and | ||||||
3 | nominees to the Board that occur in the time period between | ||||||
4 | nomination by the Governor and either confirmation or rejection | ||||||
5 | by the Senate. | ||||||
6 | "Interested party" means a person or entity whose rights, | ||||||
7 | privileges, or interests are the subject of or are directly | ||||||
8 | affected by a regulatory, quasi-adjudicatory, investment, or | ||||||
9 | licensing matter of the Board. | ||||||
10 | (b) A constitutional officer, a member of the General | ||||||
11 | Assembly, a special government agent as that term is defined in | ||||||
12 | Section 4A-101 of the Illinois Governmental Ethics Act, a | ||||||
13 | director, secretary, or other employee of the executive branch | ||||||
14 | of the State, an employee of the legislative branch of the | ||||||
15 | State, or an interested party may not engage in any ex parte | ||||||
16 | communication with a member of the Board or an employee. A | ||||||
17 | member of the Board or an employee must immediately report any | ||||||
18 | ex parte communication to the Inspector General for gaming | ||||||
19 | activities. A violation of this subsection (b) is a Class 4 | ||||||
20 | felony. | ||||||
21 | (c) A constitutional officer, a member of the General | ||||||
22 | Assembly, a special government agent as that term is defined in | ||||||
23 | Section 4A-101 of the Illinois Governmental Ethics Act, a | ||||||
24 | director, secretary, or other employee of the executive branch | ||||||
25 | of the State, an employee of the legislative branch of the | ||||||
26 | State, or an interested party may not engage in any ex parte |
| |||||||
| |||||||
1 | communication with a nominee for the Board or a nominee for the | ||||||
2 | Director of Gaming Enforcement. A person is deemed a nominee | ||||||
3 | once they have submitted information to the nomination panel. A | ||||||
4 | nominee must immediately report any ex parte communication to | ||||||
5 | the Inspector General for gaming activities. A violation of | ||||||
6 | this subsection (c) is a Class 4 felony. | ||||||
7 | (d) Any ex parte communication from a constitutional | ||||||
8 | officer, a member of the General Assembly, a special government | ||||||
9 | agent as that term is defined in Section 4A-101 of the Illinois | ||||||
10 | Governmental Ethics Act, a director, secretary, or other | ||||||
11 | employee of the executive branch of the State, an employee of | ||||||
12 | the legislative branch of the State, or an interested party | ||||||
13 | received by a member of the Nomination Panel or employee | ||||||
14 | assisting the Nomination Panel must be immediately | ||||||
15 | memorialized and made a part of the record at the next meeting. | ||||||
16 | Report of the communication shall include all written | ||||||
17 | communications along with a statement describing the nature and | ||||||
18 | substance of all oral communications, any action the person | ||||||
19 | requested or recommended, the identity and job title of the | ||||||
20 | person to whom each communication was made, all responses made | ||||||
21 | by the member. A violation of this subsection (d) is Class A | ||||||
22 | misdemeanor. | ||||||
23 | (e) Notwithstanding any provision of this Section, if a | ||||||
24 | State constitutional officer or member of the General Assembly | ||||||
25 | or his or her designee determines that potential or actual | ||||||
26 | Illinois Gaming Board, Illinois Racing Board, or Director of |
| |||||||
| |||||||
1 | Gaming Enforcement business would affect the health, safety, | ||||||
2 | and welfare of the people of the State of Illinois, then the | ||||||
3 | State constitutional officer or member of the General Assembly | ||||||
4 | may submit questions or comments by written medium to the | ||||||
5 | Chairman of the Illinois Gaming Board, Chairman of the Illinois | ||||||
6 | Racing Board, or Director of Gaming Enforcement. Upon receipt | ||||||
7 | of the message or question, the Chairman or Director shall | ||||||
8 | submit the message or question to the entire board for a vote.
| ||||||
9 | (230 ILCS 10/6) (from Ch. 120, par. 2406)
| ||||||
10 | Sec. 6. Application for Owners License.
| ||||||
11 | (a) A qualified person may
apply to the Board for an owners | ||||||
12 | license to
conduct a riverboat gambling operation as provided | ||||||
13 | in this Act. The
application shall be made on forms provided by | ||||||
14 | the Board and shall contain
such information as the Board | ||||||
15 | prescribes, including but not limited to the
identity of the | ||||||
16 | riverboat on which such gambling operation is to be
conducted | ||||||
17 | and the exact location where such riverboat will be docked, a
| ||||||
18 | certification that the riverboat will be registered under this | ||||||
19 | Act at all
times during which gambling operations are conducted | ||||||
20 | on board, detailed
information regarding the ownership and | ||||||
21 | management of the applicant, and
detailed personal information | ||||||
22 | regarding the applicant. Any application for an
owners license | ||||||
23 | to be re-issued on or after June 1, 2003 shall also
include the | ||||||
24 | applicant's license bid in a form prescribed by the Board.
| ||||||
25 | Information
provided on the application shall be used as a |
| |||||||
| |||||||
1 | basis for a thorough
background investigation which the Board | ||||||
2 | shall conduct with respect to each
applicant. An incomplete | ||||||
3 | application shall be cause for denial of a license
by the | ||||||
4 | Board.
| ||||||
5 | (a-5) In addition to any other information required under | ||||||
6 | this Section, each application for an owners license must | ||||||
7 | include the following information: | ||||||
8 | (1) The history and success of the applicant and each | ||||||
9 | person and entity disclosed under subsection (c) of this | ||||||
10 | Section in developing tourism facilities ancillary to | ||||||
11 | gaming, if applicable. | ||||||
12 | (2) The likelihood that granting a license to the | ||||||
13 | applicant will lead to the creation of quality, living wage | ||||||
14 | jobs and permanent, full-time jobs for residents of the | ||||||
15 | State and residents of the unit of local government that is | ||||||
16 | designated as the home dock of the proposed facility where | ||||||
17 | gambling is to be conducted by the applicant. | ||||||
18 | (3) The projected number of jobs that would be created | ||||||
19 | if the license is granted and the projected number of new | ||||||
20 | employees at the proposed facility where gambling is to be | ||||||
21 | conducted by the applicant. | ||||||
22 | (4) The record of the applicant and its developer in | ||||||
23 | meeting commitments to local agencies, community-based | ||||||
24 | organizations, and employees at other locations where the | ||||||
25 | applicant or its developer has performed similar functions | ||||||
26 | as they would perform if the applicant were granted a |
| |||||||
| |||||||
1 | license. | ||||||
2 | (5) Identification of adverse effects that might be | ||||||
3 | caused by the proposed facility where gambling is to be | ||||||
4 | conducted by the applicant, including the costs of meeting | ||||||
5 | increased demand for public health care, child care, public | ||||||
6 | transportation, affordable housing, and social services, | ||||||
7 | and a plan to mitigate those adverse effects. | ||||||
8 | (6) The record of the applicant and its developer | ||||||
9 | regarding compliance with: | ||||||
10 | (A) Federal, State, and local discrimination, wage | ||||||
11 | and hour, disability, and occupational and | ||||||
12 | environmental health and safety laws. | ||||||
13 | (B) State and local labor relations and employment | ||||||
14 | laws. | ||||||
15 | (7) The applicant's record in dealing with its | ||||||
16 | employees and their representatives at other locations. | ||||||
17 | (8) A plan concerning the utilization of minority | ||||||
18 | person-owned and female-owned businesses and concerning | ||||||
19 | the hiring of minority persons and females. For the | ||||||
20 | purposes of this item (8), the terms "minority person" and | ||||||
21 | "female" have the meanings provided in Section 2 of the | ||||||
22 | Business Enterprise for Minorities, Females, and Persons | ||||||
23 | with Disabilities Act. | ||||||
24 | Each applicant must submit evidence to the Board that | ||||||
25 | minority persons and females hold ownership interests in the | ||||||
26 | applicant of at least 20% and 5%, respectively. |
| |||||||
| |||||||
1 | (b) Applicants shall submit with their application all | ||||||
2 | documents,
resolutions, and letters of support from the | ||||||
3 | governing body that represents
the municipality or county | ||||||
4 | wherein the licensee will dock.
| ||||||
5 | (c) Each applicant shall disclose the identity of every | ||||||
6 | person,
association, trust or corporation having a greater than | ||||||
7 | 1% direct or
indirect pecuniary interest in the riverboat | ||||||
8 | gambling operation with
respect to which the license is sought. | ||||||
9 | If the disclosed entity is a
trust, the application shall | ||||||
10 | disclose the names and addresses of the
beneficiaries; if a | ||||||
11 | corporation, the names and
addresses of all stockholders and | ||||||
12 | directors; if a partnership, the names
and addresses of all | ||||||
13 | partners, both general and limited.
| ||||||
14 | (d) An application shall be filed and considered in | ||||||
15 | accordance with the rules of the Board with the Board by | ||||||
16 | January 1 of the
year preceding any calendar year for which an | ||||||
17 | applicant seeks an owners
license; however, applications for an | ||||||
18 | owners license permitting
operations on January 1, 1991 shall | ||||||
19 | be filed by July 1, 1990 . A non-refundable An
application fee | ||||||
20 | of $250,000 $50,000 shall be paid at the time of filing
and | ||||||
21 | shall be applied to the initial license fee if the application | ||||||
22 | is approved. to defray the costs associated with the
background | ||||||
23 | investigation conducted by the Board. If the costs of the
| ||||||
24 | investigation exceed $50,000, the applicant shall pay the | ||||||
25 | additional amount
to the Board. If the costs of the | ||||||
26 | investigation are less than $50,000, the
applicant shall |
| |||||||
| |||||||
1 | receive a refund of the remaining amount. All
information, | ||||||
2 | records, interviews, reports, statements, memoranda or other
| ||||||
3 | data supplied to or used by the Board in the course of its | ||||||
4 | review or
investigation of an application for a license under | ||||||
5 | this Act shall be
privileged, strictly confidential and shall | ||||||
6 | be used only for the purpose of
evaluating an applicant. Such | ||||||
7 | information, records, interviews, reports,
statements, | ||||||
8 | memoranda or other data shall not be admissible as evidence,
| ||||||
9 | nor discoverable in any action of any kind in any court or | ||||||
10 | before any
tribunal, board, agency or person, except for any | ||||||
11 | action deemed necessary
by the Board.
| ||||||
12 | (e) (Blank). The Board shall charge each applicant a fee | ||||||
13 | set by the Department of
State Police to defray the costs | ||||||
14 | associated with the search and
classification of fingerprints | ||||||
15 | obtained by the Board with respect to the
applicant's | ||||||
16 | application. These fees shall be paid into the State Police
| ||||||
17 | Services Fund.
| ||||||
18 | (f) The licensed owner shall be the person primarily | ||||||
19 | responsible for the
boat itself. Only one riverboat gambling | ||||||
20 | operation may be authorized
by the Board on any riverboat. The | ||||||
21 | applicant must identify each riverboat
it intends to use and | ||||||
22 | certify that the riverboat: (1) has the authorized
capacity | ||||||
23 | required in this Act; (2) is accessible to disabled persons; | ||||||
24 | and
(3) is fully registered and licensed in accordance
with any | ||||||
25 | applicable laws.
| ||||||
26 | (f-1) The Gaming Board having the authority to grant any |
| |||||||
| |||||||
1 | owner's licenses after the effective date of this amendatory | ||||||
2 | Act of the 95th General Assembly shall establish a process for | ||||||
3 | determining minority ownership participation for any new | ||||||
4 | owner's licenses authorized by this Act. The process shall | ||||||
5 | determine which minority and female bidders may purchase an | ||||||
6 | ownership interest in the new owner's license. The statutory | ||||||
7 | ownership requirement for the new owner's license shall be 20% | ||||||
8 | minority and 5% female. | ||||||
9 | Any rules promulgated by the Gaming Board shall conform to | ||||||
10 | the following guidelines prioritized as follows: 1) promoting | ||||||
11 | the empowerment of minorities and females to have meaningful | ||||||
12 | participation in the ownership, operation, and management of | ||||||
13 | riverboat gaming, 2) providing the most transparency in the | ||||||
14 | process of providing ownership interests 3) provide minority | ||||||
15 | and female investors with the greatest return on their | ||||||
16 | investment, and 4) obtain the greatest amount of revenue for | ||||||
17 | the State of Illinois. | ||||||
18 | The Gaming Board is required to promulgate such rules in an | ||||||
19 | expeditious manner. | ||||||
20 | (g) A person who knowingly makes a false statement on an | ||||||
21 | application is
guilty of a Class A misdemeanor.
| ||||||
22 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
23 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||||||
24 | Sec. 7. Owners Licenses.
| ||||||
25 | (a) The Board shall issue owners licenses to persons, firms |
| |||||||
| |||||||
1 | or
corporations which apply for such licenses upon payment to | ||||||
2 | the Board of the
non-refundable license fee set by the Board | ||||||
3 | pursuant to this Act , upon payment of a $25,000
license fee for | ||||||
4 | the first year of operation and a $5,000 license fee for
each | ||||||
5 | succeeding year and upon a determination by the Board that the
| ||||||
6 | applicant is eligible for an owners license pursuant to this | ||||||
7 | Act and the
rules of the Board. From May 26, 2006 ( For a period | ||||||
8 | of 2 years beginning on the effective date of Public Act | ||||||
9 | 94-804) until the effective date of this amendatory Act of the | ||||||
10 | 95th General Assembly
this amendatory Act of the 94th General | ||||||
11 | Assembly , as a condition of licensure and as an alternative | ||||||
12 | source of payment for those funds payable under subsection | ||||||
13 | (c-5) of Section 13 of this
the Riverboat Gambling Act, any | ||||||
14 | owners licensee that holds or receives its owners license on or | ||||||
15 | after the effective date of this amendatory Act of the 94th | ||||||
16 | General Assembly, other than an owners licensee operating a | ||||||
17 | riverboat with adjusted gross receipts in calendar year 2004 of | ||||||
18 | less than $200,000,000, must pay into the Horse Racing Equity | ||||||
19 | Trust Fund, in addition to any other payments required under | ||||||
20 | this Act, an amount equal to 3% of the adjusted gross receipts | ||||||
21 | received by the owners licensee. The payments required under | ||||||
22 | this Section shall be made by the owners licensee to the State | ||||||
23 | Treasurer no later than 3:00 o'clock p.m. of the day after the | ||||||
24 | day when the adjusted gross receipts were received by the | ||||||
25 | owners licensee. A person, firm or corporation is ineligible to | ||||||
26 | receive
an owners license if:
|
| |||||||
| |||||||
1 | (1) the person has been convicted of a felony under the | ||||||
2 | laws of this
State, any other state, or the United States;
| ||||||
3 | (2) the person has been convicted of any violation of | ||||||
4 | Article 28 of the
Criminal Code of 1961, or substantially | ||||||
5 | similar laws of any other jurisdiction;
| ||||||
6 | (3) the person has submitted an application for a | ||||||
7 | license under this
Act which contains false information;
| ||||||
8 | (4) the person is
a member of the Board;
| ||||||
9 | (5) a person defined in (1), (2), (3) or (4) is an | ||||||
10 | officer, director or
managerial employee of the firm or | ||||||
11 | corporation;
| ||||||
12 | (6) the firm or corporation employs a person defined in | ||||||
13 | (1), (2), (3) or
(4) who participates in the management or | ||||||
14 | operation of gambling operations
authorized under this | ||||||
15 | Act;
| ||||||
16 | (7) (blank); or
| ||||||
17 | (8) a license of the person, firm or corporation issued | ||||||
18 | under
this Act, or a license to own or operate gambling | ||||||
19 | facilities
in any other jurisdiction, has been revoked.
| ||||||
20 | (a-5) The Board shall establish annual fees for the | ||||||
21 | issuance or renewal of owners licenses by rule. The issuance | ||||||
22 | fee shall be based upon the cost of investigation and | ||||||
23 | consideration of the license application and shall not be less | ||||||
24 | than $250,000. | ||||||
25 | (a-10) From any amounts received for the reissuance of an | ||||||
26 | owners license that was revoked before the effective date of |
| |||||||
| |||||||
1 | this amendatory Act of the 95th General Assembly, the sum of | ||||||
2 | $1,750,000 shall be paid by the licensee to the County of | ||||||
3 | JoDaviess in recompense for expenses incurred by that unit of | ||||||
4 | government with respect to former riverboat operations within | ||||||
5 | the corporate limits of that county and the sum of $1,750,000 | ||||||
6 | shall be paid by the licensee to the City of East Dubuque in | ||||||
7 | recompense for expenses incurred by that unit of government | ||||||
8 | with respect to former riverboat operations within the | ||||||
9 | corporate limits of that municipality. | ||||||
10 | (b) In determining whether to grant an owners license , | ||||||
11 | reissue a revoked owners license, or non-renew an owners | ||||||
12 | license to an applicant, the
Board shall consider:
| ||||||
13 | (1) the character, reputation, experience and | ||||||
14 | financial integrity of the
applicants and of any other or | ||||||
15 | separate person that either:
| ||||||
16 | (A) controls, directly or indirectly, such | ||||||
17 | applicant, or
| ||||||
18 | (B) is controlled, directly or indirectly, by such | ||||||
19 | applicant or by a
person which controls, directly or | ||||||
20 | indirectly, such applicant;
| ||||||
21 | (2) the facilities or proposed facilities for the | ||||||
22 | conduct of riverboat
gambling;
| ||||||
23 | (3) the highest prospective total revenue to be derived | ||||||
24 | by the State
from the conduct of riverboat gambling;
| ||||||
25 | (4) the extent to which the ownership of the applicant | ||||||
26 | reflects the
diversity of the State by including minority |
| |||||||
| |||||||
1 | persons and females
and the good faith affirmative action | ||||||
2 | plan of
each applicant to recruit, train and upgrade | ||||||
3 | minority persons and females in all employment | ||||||
4 | classifications;
| ||||||
5 | (5) the financial ability of the applicant to purchase | ||||||
6 | and maintain
adequate liability and casualty insurance;
| ||||||
7 | (6) whether the applicant has adequate capitalization | ||||||
8 | to provide and
maintain, for the duration of a license, a | ||||||
9 | riverboat;
| ||||||
10 | (7) the extent to which the applicant exceeds or meets | ||||||
11 | other standards
for the issuance of an owners license which | ||||||
12 | the Board may adopt by rule;
and
| ||||||
13 | (8) The amount of the applicant's license bid made | ||||||
14 | pursuant to Section 7.5 .
| ||||||
15 | (c) Each owners license shall specify the place where
| ||||||
16 | riverboats shall
operate and dock.
| ||||||
17 | (d) Each applicant shall submit with his application, on | ||||||
18 | forms
provided by the Board, 2 sets of his fingerprints.
| ||||||
19 | (e)
The Board may issue up to 11 10 licenses authorizing | ||||||
20 | the holders of such
licenses to own riverboats. In the | ||||||
21 | application for an owners license, the
applicant shall state | ||||||
22 | the dock at which the riverboat is based and the water
on which | ||||||
23 | the riverboat will be located. The Board shall issue 5 licenses | ||||||
24 | to
become effective not earlier than January 1, 1991. Three of | ||||||
25 | such licenses
shall authorize riverboat gambling on the | ||||||
26 | Mississippi River, or, with approval
by the municipality in |
| |||||||
| |||||||
1 | which the
riverboat was docked on August 7, 2003 and with Board | ||||||
2 | approval, be authorized to relocate to a new location,
in a
| ||||||
3 | municipality that (1) borders on the Mississippi River or is | ||||||
4 | within 5
miles of the city limits of a municipality that | ||||||
5 | borders on the Mississippi
River and (2), on August 7, 2003, | ||||||
6 | had a riverboat conducting riverboat gambling operations | ||||||
7 | pursuant to
a license issued under this Act; one of which shall | ||||||
8 | authorize riverboat
gambling from a home dock in the city of | ||||||
9 | East St. Louis. One other license
shall
authorize riverboat | ||||||
10 | gambling on
the Illinois River south of Marshall County. The | ||||||
11 | Board shall issue one
additional license to become effective | ||||||
12 | not earlier than March 1, 1992, which
shall authorize riverboat | ||||||
13 | gambling on the Des Plaines River in Will County.
The Board may | ||||||
14 | issue 4 additional licenses to become effective not
earlier | ||||||
15 | than
March 1, 1992. After the 5 members of the Board are | ||||||
16 | appointed and qualified pursuant to this amendatory Act of the | ||||||
17 | 95th General Assembly, the Board may issue one additional | ||||||
18 | license subject to the competitive bidding process described in | ||||||
19 | Section 7.5. In determining the water upon which riverboats | ||||||
20 | will operate,
the Board shall consider the economic benefit | ||||||
21 | which riverboat gambling confers
on the State, and shall seek | ||||||
22 | to assure that all regions of the State share
in the economic | ||||||
23 | benefits of riverboat gambling.
| ||||||
24 | In granting all licenses, the Board may give favorable | ||||||
25 | consideration to
economically depressed areas of the State, to | ||||||
26 | applicants presenting plans
which provide for significant |
| |||||||
| |||||||
1 | economic development over a large geographic
area, and to | ||||||
2 | applicants who currently operate non-gambling riverboats in
| ||||||
3 | Illinois.
The Board shall review all applications for owners | ||||||
4 | licenses,
and shall inform each applicant of the Board's | ||||||
5 | decision.
The Board may grant an owners license to an
applicant | ||||||
6 | that has not submitted the highest license bid, but if it does | ||||||
7 | not
select the highest bidder, the Board shall issue a written | ||||||
8 | decision explaining
why another
applicant was selected and | ||||||
9 | identifying the factors set forth in this Section
that favored | ||||||
10 | the winning bidder.
| ||||||
11 | (e-5) In addition to any other revocation powers granted to | ||||||
12 | the Board under this
Act,
the Board may revoke the owners | ||||||
13 | license of a licensee which fails
to begin conducting gambling | ||||||
14 | within 12
15 months
of receipt of the
Board's approval of the | ||||||
15 | application if the Board determines that license
revocation is | ||||||
16 | in the best interests of the State. The Board may, after | ||||||
17 | holding a public hearing, grant extensions so long as an owners | ||||||
18 | licensee is working in good faith to begin conducting gambling. | ||||||
19 | The extension may be for a period of 6 months. If, after the | ||||||
20 | period of the extension, a licensee has not begun to conduct | ||||||
21 | gambling, another public hearing must be held by the Board | ||||||
22 | before it may grant another extension.
| ||||||
23 | (f) The first 10 owners licenses issued under this Act | ||||||
24 | shall permit the
holder to own the riverboat
up to 2 riverboats | ||||||
25 | and equipment thereon
for a period of 3 years after the | ||||||
26 | effective date of the license. Holders of
the first 10 owners |
| |||||||
| |||||||
1 | licenses must pay the annual license fee for each of
the 3
| ||||||
2 | years during which they are authorized to conduct gambling | ||||||
3 | operations own riverboats .
| ||||||
4 | (g) Upon the termination, expiration, or revocation of each | ||||||
5 | owners license
of the first
10 licenses, which shall be issued | ||||||
6 | for a 3 year period , all licenses are
renewable for a period of | ||||||
7 | 4 years, unless the Board sets a shorter period, annually upon | ||||||
8 | payment of the fee and a determination by the Board
that the | ||||||
9 | licensee continues to meet all of the requirements of this Act | ||||||
10 | and the
Board's rules.
However, for licenses renewed on or | ||||||
11 | after May 1, 1998, renewal shall be
for a period of 4 years, | ||||||
12 | unless the Board sets a shorter period.
| ||||||
13 | (h) An owners license shall entitle the licensee to operate | ||||||
14 | 1,200 gaming positions plus any additional positions | ||||||
15 | authorized and obtained under subsection (h-2) of this Section | ||||||
16 | or subsection (f) of Section 7.7. | ||||||
17 | (h-2) Beginning on the effective date of this amendatory | ||||||
18 | Act of the 95th General Assembly, the Board shall make an equal | ||||||
19 | portion of an additional 3,500 positions available to each | ||||||
20 | owners licensee conducting gambling operations on the | ||||||
21 | effective date of this amendatory Act subject to an initial fee | ||||||
22 | of $50,000 per position, plus the reconciliation payment as | ||||||
23 | required under subsection (h-5). Within 30 days after the Board | ||||||
24 | offers the positions, owners licensees may apply to the Board | ||||||
25 | to operate any portion of their allocated positions. The | ||||||
26 | $50,000 fee per position is payable in full at the time |
| |||||||
| |||||||
1 | positions are awarded. Any positions that are not obtained by | ||||||
2 | an owners licensee shall be retained by the Board and shall be | ||||||
3 | offered in equal amounts to owners licensees who have purchased | ||||||
4 | the full amount of positions offered to them. This process | ||||||
5 | shall continue in a timely manner until all positions have been | ||||||
6 | purchased. In the event that any positions remain unpurchased, | ||||||
7 | those positions shall first be made available in equal amounts | ||||||
8 | to all electronic gaming licensees under Section 7.7, subject | ||||||
9 | to the payment of all applicable fees. In the event that | ||||||
10 | positions remain unpurchased after being offered to electronic | ||||||
11 | gaming licensees, those positions shall be held by the Board | ||||||
12 | for an owners licensee that was not conducting gambling | ||||||
13 | operations on the effective date of this amendatory Act of the | ||||||
14 | 95th General Assembly. All positions obtained pursuant to this | ||||||
15 | process must be in operation within 12 months after they were | ||||||
16 | obtained or the licensee forfeits the right to operate all of | ||||||
17 | the positions, but is not entitled to a refund of any fees | ||||||
18 | paid. The Board may, after holding a public hearing, grant | ||||||
19 | extensions so long as an organization licensee is working in | ||||||
20 | good faith to begin conducting electronic gaming. The extension | ||||||
21 | may be for a period of 6 months. If, after the period of the | ||||||
22 | extension, a licensee has not begun to conduct electronic | ||||||
23 | gaming, another public hearing must be held by the Board before | ||||||
24 | it may grant another extension. | ||||||
25 | Subject to approval by the Board, owners licensees | ||||||
26 | conducting gambling operations on the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of the 95th General Assembly may make | ||||||
2 | modifications and additions to their facilities, including the | ||||||
3 | portion that sits on land, to accommodate any additional | ||||||
4 | positions obtained under this subsection (h-2). A minimum of | ||||||
5 | 1,200 positions must operate on water. The positions allowed on | ||||||
6 | land must be located in a single structure no farther than 100 | ||||||
7 | yards from the water-based portion of the facility. Subject to | ||||||
8 | approval by the Board, the positions may be placed in a | ||||||
9 | temporary location for up to 12 months after the positions are | ||||||
10 | obtained, but the Board may grant extensions as provided in | ||||||
11 | this subsection (h-2). | ||||||
12 | (h-5) An owners licensee who purchases additional | ||||||
13 | positions under subsection (h-2) must make a reconciliation | ||||||
14 | payment 4 years after the date the owners license begins | ||||||
15 | operating the additional positions in an amount equal to 75% of | ||||||
16 | the owner licensee's annual adjusted gross receipts for the | ||||||
17 | most lucrative 12-month period of operations within the | ||||||
18 | previous 4 years, minus (i) the owners licensee's annual | ||||||
19 | adjusted gross receipts from 2007 and (ii) an amount equal to | ||||||
20 | $50,000 per additional position obtained pursuant to | ||||||
21 | subsection (h-2). If this calculation results in a negative | ||||||
22 | amount, then the owners licensee is not entitled to any | ||||||
23 | reimbursement of fees previously paid. This reconciliation | ||||||
24 | payment may be made in installments over a period on no more | ||||||
25 | than 5 years, subject to Board approval.
own up to 2
| ||||||
26 | riverboats. |
| |||||||
| |||||||
1 |
A licensee shall limit the number of gambling participants | ||||||
2 | to
1,200 for any such owners license.
A licensee may operate | ||||||
3 | both of its riverboats concurrently, provided that the
total | ||||||
4 | number of gambling participants on both riverboats does not | ||||||
5 | exceed
1,200. Riverboats licensed to operate on the
Mississippi | ||||||
6 | River and the Illinois River south of Marshall County shall
| ||||||
7 | have an authorized capacity of at least 500 persons. Any other | ||||||
8 | riverboat
licensed under this Act shall have an authorized | ||||||
9 | capacity of at least 400
persons.
| ||||||
10 | (i) An owners licensee A licensed owner is authorized to | ||||||
11 | apply to the Board for and, if
approved therefor, to receive | ||||||
12 | all licenses from the Board necessary for the
operation of a | ||||||
13 | licensed facility riverboat , including a liquor license, a | ||||||
14 | license
to prepare and serve food for human consumption, and | ||||||
15 | other necessary
licenses. All use, occupation and excise taxes | ||||||
16 | which apply to the sale of
food and beverages in this State and | ||||||
17 | all taxes imposed on the sale or use
of tangible personal | ||||||
18 | property apply to such sales in a licensed facility aboard the | ||||||
19 | riverboat .
| ||||||
20 | (j) The Board may issue or re-issue a license authorizing a | ||||||
21 | riverboat to
dock
in a municipality or approve a relocation | ||||||
22 | under Section 11.2 only if, prior
to the issuance or | ||||||
23 | re-issuance of
the license or approval, the governing body of | ||||||
24 | the municipality in which
the riverboat will dock has by a | ||||||
25 | majority vote approved the docking of
riverboats in the | ||||||
26 | municipality. The Board may issue or re-issue a license
|
| |||||||
| |||||||
1 | authorizing a
riverboat to dock in areas of a county outside | ||||||
2 | any municipality or approve a
relocation under Section 11.2 | ||||||
3 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
4 | approval, the
governing body of the county has by a majority | ||||||
5 | vote approved of the docking of
riverboats within such areas.
| ||||||
6 | (Source: P.A. 93-28, eff. 6-20-03; 93-453, eff. 8-7-03; 94-667, | ||||||
7 | eff. 8-23-05; 94-804, eff. 5-26-06.)
| ||||||
8 | (230 ILCS 10/7.3)
| ||||||
9 | Sec. 7.3. State conduct of gambling operations.
| ||||||
10 | (a) If, after reviewing each application for a new or | ||||||
11 | re-issued gaming license, the
Board determines that it is in | ||||||
12 | the best interest of the people of the State of Illinois for | ||||||
13 | the the highest prospective total revenue to the State would
be | ||||||
14 | derived from State to conduct gambling operations conduct of | ||||||
15 | the gambling operation in lieu of issuing or re-issuing
the | ||||||
16 | gaming license, the Board shall inform each applicant of its | ||||||
17 | decision. The Board
shall thereafter have the authority, | ||||||
18 | without obtaining a gaming an owners license, to
conduct | ||||||
19 | riverboat gambling operations as
previously authorized by the | ||||||
20 | new, terminated, expired, revoked, or nonrenewed
license | ||||||
21 | through a licensed manager selected pursuant to an open and | ||||||
22 | competitive
bidding
process as set forth in Section 7.5 and as | ||||||
23 | provided in Section 7.4.
| ||||||
24 | (a-5) If, prior to the issuance of one additional license | ||||||
25 | authorized by Section 7(e), the Board determines that the |
| |||||||
| |||||||
1 | highest prospective total revenue to the State would be derived | ||||||
2 | from the conduct of gambling as operated by the Illinois Casino | ||||||
3 | Development Authority as opposed to a privately owned | ||||||
4 | authority, the Board shall inform each applicant of its | ||||||
5 | decision. The Illinois Casino Development Authority shall | ||||||
6 | thereafter have the authority to obtain a gaming license from | ||||||
7 | the Board authorizing the conduct of gaming operations in a | ||||||
8 | casino. The Board shall have the same authority over the | ||||||
9 | Illinois Casino Development Authority as any other licensee | ||||||
10 | under this Act. | ||||||
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
issuing or | ||||||
26 | re-issuing a 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 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. The application shall
be
made on forms | ||||||
7 | provided by the Board and shall contain such information as the
| ||||||
8 | Board
prescribes, including but not limited to information | ||||||
9 | required in Sections 6(a),
(b), and
(c) and information | ||||||
10 | relating to the applicant's proposed price to manage State
| ||||||
11 | gambling
operations and to provide the riverboat, gambling | ||||||
12 | equipment, and supplies
necessary to
conduct State gambling | ||||||
13 | operations.
| ||||||
14 | (b) (Blank). Each applicant must submit evidence to the | ||||||
15 | Board that minority persons
and
females hold ownership | ||||||
16 | interests in the applicant of at least 16% and 4%,
| ||||||
17 | respectively.
| ||||||
18 | (c) A person, firm, or corporation is ineligible to receive | ||||||
19 | a managers
license if:
| ||||||
20 | (1) the person has been convicted of a felony under the | ||||||
21 | laws of this
State, any other state, or the United States;
| ||||||
22 | (2) the person has been convicted of any violation of | ||||||
23 | Article 28 of
the Criminal Code of 1961, or substantially | ||||||
24 | similar laws of any other
jurisdiction;
| ||||||
25 | (3) the person has submitted an application for a |
| |||||||
| |||||||
1 | license under this
Act which contains false information;
| ||||||
2 | (4) the person is a member of the Board;
| ||||||
3 | (5) a person defined in (1), (2), (3), or (4) is an | ||||||
4 | officer, director, or
managerial employee of the firm or | ||||||
5 | corporation;
| ||||||
6 | (6) the firm or corporation employs a person defined in | ||||||
7 | (1), (2), (3),
or (4) who participates in the management or | ||||||
8 | operation of gambling
operations authorized under this | ||||||
9 | Act; or
| ||||||
10 | (7) a license of the person, firm, or corporation | ||||||
11 | issued under this Act,
or
a license to own or operate | ||||||
12 | gambling facilities in any other jurisdiction, has
been | ||||||
13 | revoked.
| ||||||
14 | (d) Each applicant shall submit with his or her | ||||||
15 | application, on forms
prescribed by
the Board, 2 sets of his or | ||||||
16 | her fingerprints.
| ||||||
17 | (e) The Board shall charge each applicant a fee, set by the | ||||||
18 | Board, to defray
the costs associated with the background | ||||||
19 | investigation conducted by the
Board.
| ||||||
20 | (f) A person who knowingly makes a false statement on an | ||||||
21 | application is
guilty of a Class A misdemeanor.
| ||||||
22 | (g) The managers license shall be for a term not to exceed | ||||||
23 | 10 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.
| ||||||
3 | (h) Issuance of a managers license shall be subject to an | ||||||
4 | open and
competitive bidding
process. The Board may select an | ||||||
5 | applicant other than the lowest bidder by
price. If it does not | ||||||
6 | select the lowest bidder, the Board shall issue a notice
of who
| ||||||
7 | the lowest bidder was and a written decision as to why another | ||||||
8 | bidder was
selected.
| ||||||
9 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
10 | (230 ILCS 10/7.5)
| ||||||
11 | Sec. 7.5. Competitive Bidding. When the Board issues or | ||||||
12 | re-issues an owners license authorized under Section 7 or | ||||||
13 | determines that it will re-issue an owners license pursuant to
| ||||||
14 | an
open and competitive bidding process, as set forth in | ||||||
15 | Section 7.1, or that it
will issue a managers license pursuant | ||||||
16 | to an open and competitive bidding
process, as set forth in | ||||||
17 | Section 7.4, the open and competitive bidding process
shall | ||||||
18 | adhere to the following procedures:
| ||||||
19 | (1) The Board shall make applications for owners and | ||||||
20 | managers
licenses available to the public and allow a | ||||||
21 | reasonable time for applicants to
submit applications to the | ||||||
22 | Board.
| ||||||
23 | (2) During the filing period for owners or managers license | ||||||
24 | applications,
the
Board may retain the services of an | ||||||
25 | investment banking firm to assist the Board
in conducting the |
| |||||||
| |||||||
1 | open and competitive bidding process.
| ||||||
2 | (3) After receiving all of the bid proposals, the Board | ||||||
3 | shall open all of
the
proposals in a public forum and disclose | ||||||
4 | the prospective owners or managers
names, venture partners, if | ||||||
5 | any, and, in the case of applicants for owners
licenses, the | ||||||
6 | locations of the proposed development sites.
| ||||||
7 | (4) The Board shall summarize the terms of the proposals | ||||||
8 | and may make this
summary available to the public.
| ||||||
9 | (5) The Board shall evaluate the proposals within a | ||||||
10 | reasonable time and
select no
more than 3 final applicants to | ||||||
11 | make presentations of their
proposals to the Board.
| ||||||
12 | (6) The final applicants shall make their presentations to | ||||||
13 | the
Board on
the same day during an open session of the Board.
| ||||||
14 | (7) As soon as practicable after the public presentations | ||||||
15 | by the final
applicants,
the Board, in its
discretion, may | ||||||
16 | conduct further negotiations among the 3 final applicants.
| ||||||
17 | During such negotiations, each final applicant may increase its | ||||||
18 | license bid or
otherwise enhance its bid proposal. At the | ||||||
19 | conclusion of such
negotiations, the Board shall
select the | ||||||
20 | winning proposal. In the case of negotiations for
an owners | ||||||
21 | license, the Board may, at the conclusion of such negotiations,
| ||||||
22 | make the determination allowed under Section 7.3(a).
| ||||||
23 | (8) Upon selection of a winning bid, the Board shall | ||||||
24 | evaluate the winning
bid
within a reasonable period of time for | ||||||
25 | licensee suitability in accordance with
all applicable | ||||||
26 | statutory and regulatory criteria.
|
| |||||||
| |||||||
1 | (9) If the winning bidder is unable or otherwise fails to
| ||||||
2 | consummate the transaction, (including if the Board determines | ||||||
3 | that the winning
bidder does not satisfy the suitability | ||||||
4 | requirements), the Board may, on the
same criteria, select from | ||||||
5 | the remaining bidders or make the determination
allowed under | ||||||
6 | Section 7.3(a).
| ||||||
7 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
8 | (230 ILCS 10/7.7 new)
| ||||||
9 | Sec. 7.7. Electronic gaming. | ||||||
10 | (a) The General Assembly finds that the horse racing and | ||||||
11 | riverboat
gambling industries share many similarities and | ||||||
12 | collectively comprise the bulk
of the State's gaming industry. | ||||||
13 | One feature in common to both industries is
that each is highly | ||||||
14 | regulated by the State of Illinois.
| ||||||
15 | The General Assembly further finds, however, that despite | ||||||
16 | their shared
features each industry is distinct from the other | ||||||
17 | in that horse racing is and
continues to be intimately tied to | ||||||
18 | Illinois' agricultural economy and is, at
its core, a spectator | ||||||
19 | sport. This distinction requires the General Assembly to
| ||||||
20 | utilize different methods to regulate and promote the horse | ||||||
21 | racing industry
throughout the State.
| ||||||
22 | The General Assembly finds that in order to promote live | ||||||
23 | horse racing as a
spectator sport in Illinois and the | ||||||
24 | agricultural economy of this State, it is
necessary to allow | ||||||
25 | electronic gaming at Illinois race tracks given the success
of |
| |||||||
| |||||||
1 | other states in increasing live racing purse accounts and | ||||||
2 | improving the
quality of horses participating in horse race | ||||||
3 | meetings.
| ||||||
4 | The General Assembly finds, however, that even though the | ||||||
5 | authority to
conduct electronic gaming is a uniform means to | ||||||
6 | improve live horse racing in
this State, electronic gaming must | ||||||
7 | be regulated and implemented differently in
southern Illinois | ||||||
8 | versus the Chicago area. The General Assembly finds that
| ||||||
9 | Fairmount Park is the only race track operating on a year-round | ||||||
10 | basis that offers live racing and for that matter only conducts
| ||||||
11 | live thoroughbred racing. The General Assembly finds that the | ||||||
12 | current state of
affairs deprives spectators and standardbred | ||||||
13 | horsemen residing in southern
Illinois of the opportunity to | ||||||
14 | participate in live standardbred racing in a
manner similar to | ||||||
15 | spectators, thoroughbred horsemen, and standardbred horsemen
| ||||||
16 | residing in the Chicago area. The General Assembly declares | ||||||
17 | that southern
Illinois spectators and standardbred horsemen | ||||||
18 | are entitled to have a similar
opportunity to participate in | ||||||
19 | live standardbred racing as spectators in the
Chicago area. The | ||||||
20 | General Assembly declares that in order to remove this
| ||||||
21 | disparity between southern Illinois and the Chicago area, it is | ||||||
22 | necessary for
the State to mandate standardbred racing | ||||||
23 | throughout the State by tying the authorization to conduct
| ||||||
24 | electronic gaming to a commitment to conduct at least 25 days | ||||||
25 | of standardbred
racing in any county in which an organization | ||||||
26 | licensee is operating.
|
| |||||||
| |||||||
1 | (b) The Board shall award one electronic gaming license to | ||||||
2 | each organization licensee under
the Illinois Horse Racing Act | ||||||
3 | of 1975, subject to application and eligibility
requirements of | ||||||
4 | this Act, including the payment of all applicable fees. | ||||||
5 | (c) As soon as practical after the effective date of this | ||||||
6 | amendatory Act of the 95th General Assembly, the Board may | ||||||
7 | authorize up to 3,600 aggregate
electronic gambling positions | ||||||
8 | statewide as provided in this Section. The authority to
operate | ||||||
9 | positions under this Section shall be allocated
as follows: | ||||||
10 | (1) The organization licensee operating at Arlington | ||||||
11 | Park Race Course may
operate up to 1,100 gaming positions | ||||||
12 | at a time;
| ||||||
13 | (2) The organization licensees operating at Hawthorne | ||||||
14 | Race Course,
including
the organization licensee formerly | ||||||
15 | operating at Sportsman's Park, may
collectively operate up | ||||||
16 | to 900 gaming positions at a time;
| ||||||
17 | (3) The organization licensee operating at Balmoral | ||||||
18 | Park may operate up to
300 gaming positions at a time;
| ||||||
19 | (4) The organization licensee operating at Maywood | ||||||
20 | Park may operate up to
800 gaming positions at a time; and
| ||||||
21 | (5) The organization licensee operating at Fairmount | ||||||
22 | Park may operate up to
500 gaming positions at a time. | ||||||
23 | (d) Any positions that are not obtained by an organization | ||||||
24 | licensee shall be retained by the Gaming Board and shall be | ||||||
25 | offered in equal amounts to electronic gaming licensees who | ||||||
26 | have purchased all of the positions that were offered. This |
| |||||||
| |||||||
1 | process shall continue until all positions have been purchased. | ||||||
2 | All positions obtained pursuant to this process must be in | ||||||
3 | operation within 12 months after they were obtained or the | ||||||
4 | electronic gaming licensee forfeits the right to operate all of | ||||||
5 | the positions, but is not entitled to a refund of any fees | ||||||
6 | paid. The Board may, after holding a public hearing, grant | ||||||
7 | extensions so long as an gaming licensee is working in good | ||||||
8 | faith to begin conducting electronic gaming. The extension may | ||||||
9 | be for a period of 6 months. If, after the period of the | ||||||
10 | extension, a licensee has not begun to conduct electronic | ||||||
11 | gaming, another public hearing must be held by the Board before | ||||||
12 | it may grant another extension. | ||||||
13 | (e) In the event that any positions remain unpurchased, | ||||||
14 | those positions shall first be made available in equal amounts | ||||||
15 | to owners licensees conducting gambling operations on the | ||||||
16 | effective date of this amendatory Act of the 95th General | ||||||
17 | Assembly under subsection (h-2) of Section 7, subject to the | ||||||
18 | payment of all applicable fees. In the event the positions | ||||||
19 | remain unpurchased after being offered to owners licensees | ||||||
20 | conducting gambling operations on the effective date of this | ||||||
21 | amendatory Act of the 95th General Assembly, those positions | ||||||
22 | shall be held by the Board for any owners licensee that was not | ||||||
23 | conducting gambling operations on the effective date of this | ||||||
24 | amendatory Act. | ||||||
25 | (f) The Gaming Board shall determine hours of operation for | ||||||
26 | electronic gaming facilities by rule.
|
| |||||||
| |||||||
1 | (g) To be eligible to conduct electronic gaming, an | ||||||
2 | organization licensee
must (i) obtain an electronic gaming | ||||||
3 | license, (ii) hold an organization license
under the Illinois | ||||||
4 | Horse Racing Act of 1975, (iii) hold an inter-track wagering
| ||||||
5 | license, (iv) pay an initial fee of $50,000 for each position | ||||||
6 | it is authorized to operate, plus make the reconciliation | ||||||
7 | payment required under subsection (i), (v) meet the live racing | ||||||
8 | requirements set forth in Section 20 of the Illinois Horse | ||||||
9 | Racing Act of 1975, and (vi) meet all other requirements of | ||||||
10 | this Act that apply to
owners licensees. The $50,000 fee per | ||||||
11 | position is payable in full at the time the positions are | ||||||
12 | awarded. | ||||||
13 | (h) Each organization licensee who obtains electronic | ||||||
14 | gaming positions must make a reconciliation payment 4 years | ||||||
15 | after the date the electronic gaming licensee begins operating | ||||||
16 | the positions in an amount equal to 75% of the net adjusted | ||||||
17 | gross receipts from electronic gaming for the most lucrative | ||||||
18 | 12-month period of operations, minus an amount equal to $50,000 | ||||||
19 | per electronic gaming position. If this calculation results in | ||||||
20 | a negative amount, then the electronic gaming licensee is not | ||||||
21 | entitled to any reimbursement of fees previously paid. This | ||||||
22 | reconciliation payment may be made in installments over a | ||||||
23 | period of no more than 5 years, subject to Board approval. For | ||||||
24 | the purpose of this subsection (h), "net adjusted gross | ||||||
25 | receipts" has the same meaning as that term is given in | ||||||
26 | subsection (a-5) of Section 13.
|
| |||||||
| |||||||
1 | (i) For each calendar year after 2007 in which an | ||||||
2 | electronic gaming licensee
requests a number of racing days | ||||||
3 | under its organization license that is less
than 90% of the | ||||||
4 | number of days of live racing it was awarded in 2007, the
| ||||||
5 | electronic gaming licensee may not conduct electronic gaming.
| ||||||
6 | (j) In any calendar year that an organization licensee with | ||||||
7 | an electronic gaming license conducts fewer races than they | ||||||
8 | were awarded in that calendar year, except for the reasons | ||||||
9 | specified in subsection (e-3) of Section 20 of the Illinois | ||||||
10 | Horse Racing Act of 1975, the revenues retained by the | ||||||
11 | electronic gaming licensee from electronic gaming on the days | ||||||
12 | when racing was awarded and did not occur will be split evenly | ||||||
13 | between that organization licensee's purse account and the | ||||||
14 | Racing Industry Worker's Trust Fund.
| ||||||
15 | (k) Subject to the approval of the Illinois Gaming Board | ||||||
16 | and the Illinois Racing Board, an electronic gaming licensee | ||||||
17 | may make any temporary or permanent modification or additions | ||||||
18 | to any existing or new buildings and structures. No | ||||||
19 | modifications or additions shall alter the grounds of the | ||||||
20 | organization licensee such that the act of live racing is an | ||||||
21 | ancillary activity to electronic gaming. | ||||||
22 | Electronic gaming may take place in existing structures | ||||||
23 | where inter-track wagering is conducted at the race track or a | ||||||
24 | facility within 300 yards of the race track in accordance with | ||||||
25 | the provisions of this Act and the Illinois Horse Racing Act of | ||||||
26 | 1975. Any electronic gaming conducted at a facility within 300 |
| |||||||
| |||||||
1 | yards of the race track in accordance with this Act and the | ||||||
2 | Illinois Horse Racing Act of 1975 shall have an all-weather | ||||||
3 | egress connecting the electronic gaming facility and the race | ||||||
4 | track facility. | ||||||
5 | The electronic gambling facility must be distinctly | ||||||
6 | separate from the other areas of the racetrack to prohibit the | ||||||
7 | entrance of persons under 21 years of age and for the purpose | ||||||
8 | of tracking admissions to the electronic gambling facility to | ||||||
9 | comply with the admissions taxes under the Illinois Horse | ||||||
10 | Racing Act of 1975 and this Act. | ||||||
11 | (l) An electronic gaming licensee may conduct electronic | ||||||
12 | gaming at a
temporary facility
pending
the construction of a | ||||||
13 | permanent facility or the
remodeling of an existing facility to | ||||||
14 | accommodate electronic gaming
participants
for up to 12 months | ||||||
15 | after receiving an electronic gaming
license. The Board may | ||||||
16 | grant extensions as provided in subsection (d) of this Section. | ||||||
17 | (m) The Illinois Gaming Board may adopt emergency rules in | ||||||
18 | accordance with Section 5-45 of the Illinois Administrative | ||||||
19 | Procedure Act as necessary to ensure compliance with the | ||||||
20 | provisions of this amendatory Act of the 95th General Assembly
| ||||||
21 | concerning electronic gaming. The adoption of emergency rules | ||||||
22 | authorized by this subsection (m) shall be deemed to be | ||||||
23 | necessary for the public interest, safety, and welfare. | ||||||
24 | (n) As soon as practical after a request is made by the | ||||||
25 | Illinois Gaming Board, to minimize duplicate submissions by the | ||||||
26 | applicant, the Illinois Racing Board must provide information |
| |||||||
| |||||||
1 | on an applicant for an electronic gaming license to the | ||||||
2 | Illinois Gaming Board. | ||||||
3 | (o) The electronic gaming licenses issued under this Act | ||||||
4 | shall permit the
holder to own the licensed facility
and | ||||||
5 | equipment
for a period of 3 years after the effective date of | ||||||
6 | the license. Holders of
electronic gaming licenses must pay the | ||||||
7 | annual license fee for each of
the 3
years during which they | ||||||
8 | are authorized to conduct gambling operations.
| ||||||
9 | (p) Upon the termination, expiration, or revocation of each | ||||||
10 | electronic gaming license, all licenses are
renewable for a | ||||||
11 | period of 4 years, unless the Board sets a shorter period, upon | ||||||
12 | payment of the fee and a determination by the Board
that the | ||||||
13 | licensee continues to meet all of the requirements of this Act | ||||||
14 | and the
Board's rules.
| ||||||
15 | (230 ILCS 10/7.8 new)
| ||||||
16 | Sec. 7.8. Home rule. The regulation and licensing of | ||||||
17 | electronic gaming and
electronic gaming licensees are | ||||||
18 | exclusive powers and functions of the State. A
home rule unit | ||||||
19 | may not regulate or license electronic gaming or electronic
| ||||||
20 | gaming licensees. This Section is a denial and limitation of | ||||||
21 | home rule powers
and
functions under subsection (h) of Section | ||||||
22 | 6 of Article VII of the Illinois
Constitution. | ||||||
23 | (230 ILCS 10/7.10 new)
| ||||||
24 | Sec. 7.10. Electronic poker. |
| |||||||
| |||||||
1 | (a) A gaming licensee may apply to the Board for | ||||||
2 | authorization to operate up to 100 electronic poker positions | ||||||
3 | at its licensed facility. The authorization that the Board | ||||||
4 | issues to the gaming licensee shall specify the number of | ||||||
5 | electronic poker positions the gaming licensee may operate, | ||||||
6 | which shall not be counted against the limit on the number of | ||||||
7 | gaming positions under this Act. | ||||||
8 | (b) The Board must adopt rules for the authorization and | ||||||
9 | administration of the conduct of electronic poker. | ||||||
10 | (230 ILCS 10/7.11 new)
| ||||||
11 | Sec. 7.11. Casino license. Upon approval of the Authority | ||||||
12 | Board and the casino operator licensee, the Illinois Gaming | ||||||
13 | Board shall issue a casino license to the Authority that | ||||||
14 | authorizes the conduct of gambling operations in a land-based | ||||||
15 | facility located in the City of Chicago. A casino license shall | ||||||
16 | authorize the holder to operate 4,000 gaming positions. The | ||||||
17 | Illinois Gaming Board shall assess a license fee of | ||||||
18 | $200,000,000, plus (i) $300,000,000 or (ii) 50% of the total | ||||||
19 | amount received by the Authority pursuant to a bid for a casino | ||||||
20 | management contract or an executed casino management contract | ||||||
21 | as authorized under the Chicago Casino Development Authority | ||||||
22 | Act, whichever is greater. The Board shall deposit the license | ||||||
23 | fee into the Illinois Works Fund. | ||||||
24 | In granting any license authorizing the conduct of gambling | ||||||
25 | operations in a casino, the Illinois Gaming Board shall |
| |||||||
| |||||||
1 | determine the fitness of the licensee to hold the license in | ||||||
2 | the same manner as any other license under this Act. If the | ||||||
3 | license is held by the Authority, the Illinois Gaming Board | ||||||
4 | shall have the same authority over that licensee as any other | ||||||
5 | licensee under this Act. | ||||||
6 | (230 ILCS 10/7.11a new)
| ||||||
7 | Sec. 7.11a. State casino license. Upon approval of the | ||||||
8 | State Board and the State casino operator licensee, the | ||||||
9 | Illinois Gaming Board shall issue a casino license to the State | ||||||
10 | Authority that authorizes the conduct of gambling located in | ||||||
11 | this State. A casino license shall authorize the holder to | ||||||
12 | operate 4,000 gaming positions. | ||||||
13 | (230 ILCS 10/7.12 new)
| ||||||
14 | Sec. 7.12. Casino operator license or State casino operator | ||||||
15 | license. | ||||||
16 | (a) A qualified person may apply to the Board for a casino | ||||||
17 | operator license or State casino operator license to
operate
| ||||||
18 | and manage any gambling operation conducted by the Authority or | ||||||
19 | State Authority. The application shall
be
made on forms | ||||||
20 | provided by the Board and shall contain such information as the
| ||||||
21 | Board
prescribes, including but not limited to information | ||||||
22 | required in Sections 6(a),
(b), and
(c) and information | ||||||
23 | relating to the applicant's proposed price to manage the | ||||||
24 | Authority's or State Authority's gambling
operations and to |
| |||||||
| |||||||
1 | provide the casino, gambling equipment, and supplies
necessary | ||||||
2 | to
conduct gambling operations. | ||||||
3 | (b) A person, firm, or corporation is ineligible to receive | ||||||
4 | a casino operator license or State casino operator license if:
| ||||||
5 | (1) the person has been convicted of a felony under the | ||||||
6 | laws of this
State, any other state, or the United States;
| ||||||
7 | (2) the person has been convicted of any violation of | ||||||
8 | Article 28 of
the Criminal Code of 1961, or substantially | ||||||
9 | similar laws of any other
jurisdiction;
| ||||||
10 | (3) the person has submitted an application for a | ||||||
11 | license under this
Act that contains false information;
| ||||||
12 | (4) the person is a member of the Board;
| ||||||
13 | (5) a person defined in (1), (2), (3), or (4) is an | ||||||
14 | officer, director, or
managerial employee of the firm or | ||||||
15 | corporation;
| ||||||
16 | (6) the firm or corporation employs a person defined in | ||||||
17 | (1), (2), (3),
or (4) who participates in the management or | ||||||
18 | operation of gambling
operations authorized under this | ||||||
19 | Act; or
| ||||||
20 | (7) a license of the person, firm, or corporation | ||||||
21 | issued under this Act,
or
a license to own or operate | ||||||
22 | gambling facilities in any other jurisdiction, has
been | ||||||
23 | revoked.
| ||||||
24 | (c) In determining whether to grant a casino operator | ||||||
25 | license or State casino operator license, the
Board shall | ||||||
26 | consider:
|
| |||||||
| |||||||
1 | (1) the character, reputation, experience and | ||||||
2 | financial integrity of the
applicants and of any other or | ||||||
3 | separate person that either:
| ||||||
4 | (A) controls, directly or indirectly, such | ||||||
5 | applicant, or
| ||||||
6 | (B) is controlled, directly or indirectly, by such | ||||||
7 | applicant or by a
person which controls, directly or | ||||||
8 | indirectly, such applicant;
| ||||||
9 | (2) the facilities or proposed facilities for the | ||||||
10 | conduct of
gambling;
| ||||||
11 | (3) the highest prospective total revenue to be derived | ||||||
12 | by the State
from the conduct of gambling;
| ||||||
13 | (4) the extent to which the ownership of the applicant | ||||||
14 | reflects the
diversity of the State by including minority | ||||||
15 | persons and females
and the good faith affirmative action | ||||||
16 | plan of
each applicant to recruit, train, and upgrade | ||||||
17 | minority persons and females in all employment | ||||||
18 | classifications;
| ||||||
19 | (5) the financial ability of the applicant to purchase | ||||||
20 | and maintain
adequate liability and casualty insurance;
| ||||||
21 | (6) whether the applicant has adequate capitalization | ||||||
22 | to provide and
maintain, for the duration of a license, a | ||||||
23 | casino; and
| ||||||
24 | (7) the extent to which the applicant exceeds or meets | ||||||
25 | other standards
for the issuance of a managers license that | ||||||
26 | the Board may adopt by rule.
|
| |||||||
| |||||||
1 | (d) Each applicant shall submit with his or her | ||||||
2 | application, on forms
prescribed by
the Board, 2 sets of his or | ||||||
3 | her fingerprints.
| ||||||
4 | (e) The Board shall charge each applicant a fee, set by the | ||||||
5 | Board, to defray
the costs associated with the background | ||||||
6 | investigation conducted by the
Office of Gaming Enforcement.
| ||||||
7 | (f) A person who knowingly makes a false statement on an | ||||||
8 | application is
guilty of a Class A misdemeanor.
| ||||||
9 | (g) The casino operator license or State casino operator | ||||||
10 | license shall be issued only upon proof that it has entered | ||||||
11 | into a labor peace agreement with each labor organization that | ||||||
12 | is actively engaged in representing and attempting to represent | ||||||
13 | casino and hospitality industry workers in this State. The | ||||||
14 | labor peace agreement must be a valid and enforceable agreement | ||||||
15 | under 29 U.S.C. 185 that protects the city's and State's | ||||||
16 | revenues from the operation of the casino facility by | ||||||
17 | prohibiting the labor organization and its members from | ||||||
18 | engaging in any picketing, work stoppages, boycotts, or any | ||||||
19 | other economic interference with the casino facility for at | ||||||
20 | least the first 5 years of the casino license and must cover | ||||||
21 | all operations at the casino facility that are conducted by | ||||||
22 | lessees or tenants or under management agreements. | ||||||
23 | (h) The casino operator license or State casino operator | ||||||
24 | license shall be for a term not to exceed 10 years, shall
be
| ||||||
25 | renewable at the Board's option, and shall contain such terms | ||||||
26 | and
provisions as the Board deems necessary to protect or |
| |||||||
| |||||||
1 | enhance the
credibility and integrity of State gambling | ||||||
2 | operations, achieve the highest
prospective total revenue to | ||||||
3 | the State, and otherwise serve the interests of
the citizens of | ||||||
4 | Illinois.
| ||||||
5 | (230 ILCS 10/7.14 new)
| ||||||
6 | Sec. 7.14. Obligations of licensure; licensure is a | ||||||
7 | privilege. | ||||||
8 | (a) All licensees under this Act have a continuing duty to | ||||||
9 | maintain suitability for licensure. A license does
not create a | ||||||
10 | property right, but is a revocable privilege granted by the | ||||||
11 | State contingent upon
continuing suitability for licensure. | ||||||
12 | (b) Licensees under this Act shall have a continuing, | ||||||
13 | affirmative duty to investigate the backgrounds of its | ||||||
14 | principal shareholders and officers. | ||||||
15 | (c) An applicant for licensure under this Act is seeking a | ||||||
16 | privilege and assumes and accepts any and all risk of
adverse | ||||||
17 | publicity, notoriety, embarrassment, criticism, or other | ||||||
18 | action or financial
loss which may occur in connection with the | ||||||
19 | application process.
Any misrepresentation or omission made | ||||||
20 | with respect to an application may be
grounds for denial of the | ||||||
21 | application. | ||||||
22 | (230 ILCS 10/7.15 new)
| ||||||
23 | Sec. 7.15. Undue economic concentration. | ||||||
24 | (a) In addition to considering all other requirements under |
| |||||||
| |||||||
1 | this Act, in deciding whether to approve direct or indirect | ||||||
2 | ownership or control of a gaming license, the Board shall | ||||||
3 | consider the impact of any economic concentration of the | ||||||
4 | ownership or control. No direct or indirect ownership or | ||||||
5 | control shall be approved and no gaming license shall be issued | ||||||
6 | or transferred to or held by any person or entity if the Board | ||||||
7 | determines that approval, issuance, transfer, or holding shall | ||||||
8 | result in undue economic concentration in the direct or | ||||||
9 | indirect ownership or control of gambling operations in | ||||||
10 | Illinois. However, under no circumstances shall the geographic | ||||||
11 | location of any gaming license be a factor in determining | ||||||
12 | whether an undue economic concentration exists. | ||||||
13 | (b) For the purposes of this Section, "undue economic | ||||||
14 | concentration" means that a person or entity would have actual | ||||||
15 | or potential domination of gambling in Illinois sufficient to: | ||||||
16 | (1) substantially impede or suppress competition among | ||||||
17 | holders of gaming licenses; | ||||||
18 | (2) adversely impact the economic stability of the | ||||||
19 | gaming industry in Illinois; or | ||||||
20 | (3) negatively impact the purposes of this Act, | ||||||
21 | including tourism, economic development, benefits to local | ||||||
22 | communities, and State and local revenues. | ||||||
23 | (c) In determining whether the issuance, transfer, or | ||||||
24 | holding, directly or indirectly, of a gaming license shall | ||||||
25 | result in undue economic concentration, the Board shall | ||||||
26 | consider the following criteria: |
| |||||||
| |||||||
1 | (1) The percentage share of the market presently owned | ||||||
2 | or controlled by a person or entity, directly or | ||||||
3 | indirectly, in each of the following categories: | ||||||
4 | (A) The total number of licensed facilities in | ||||||
5 | Illinois. | ||||||
6 | (B) Total gaming square footage. | ||||||
7 | (C) Number of persons employed in the gambling | ||||||
8 | operation and any affiliated hotel operation. | ||||||
9 | (D) Number of guest rooms in an affiliated hotel. | ||||||
10 | (E) Number of electronic gaming devices. | ||||||
11 | (F) Number of table games. | ||||||
12 | (G) Net revenue and adjusted gross receipts. | ||||||
13 | (H) Table win. | ||||||
14 | (I) Electronic gaming device win. | ||||||
15 | (J) Table drop. | ||||||
16 | (K) Electronic gaming device drop. | ||||||
17 | (2) The estimated increase in the market shares in the | ||||||
18 | categories in item (1) of this subsection (c) if the person | ||||||
19 | or entity is approved, or is issued or permitted to hold | ||||||
20 | the gaming license. | ||||||
21 | (3) The relative position of other persons or entities | ||||||
22 | that own or control gaming licenses in Illinois, as | ||||||
23 | evidenced by the market shares of each gaming license in | ||||||
24 | the categories in item (1) of this subsection (c). | ||||||
25 | (4) The current and projected financial condition of | ||||||
26 | the gaming industry. |
| |||||||
| |||||||
1 | (5) Current market conditions, including level of | ||||||
2 | competition, consumer demand, market concentration, and | ||||||
3 | any other relevant characteristics of the market. | ||||||
4 | (6) Whether the gaming licenses to be issued, | ||||||
5 | transferred or held, directly or indirectly, by the person | ||||||
6 | or entity have separate organizational structures or other | ||||||
7 | independent obligations. | ||||||
8 | (7) The potential impact on the projected future growth | ||||||
9 | and development of the gambling industry, the local | ||||||
10 | communities in which gaming licenses are located, and the | ||||||
11 | State of Illinois. | ||||||
12 | (8) The barriers to entry into the gambling industry, | ||||||
13 | including the licensure requirements of this Act and its | ||||||
14 | rules, and whether the issuance or transfer to, or holding, | ||||||
15 | directly or indirectly, of, a gaming license by the person | ||||||
16 | or entity will operate as a barrier to new companies and | ||||||
17 | individuals desiring to enter the market. | ||||||
18 | (9) Whether the issuance or transfer to or holding, | ||||||
19 | directly or indirectly, of the gaming license by the person | ||||||
20 | or entity will adversely impact on consumer interests, or | ||||||
21 | whether such issuance, transfer or holding is likely to | ||||||
22 | result in enhancing the quality and customer appeal of | ||||||
23 | products and services offered by licensed facilities in | ||||||
24 | order to maintain or increase their respective market | ||||||
25 | shares. | ||||||
26 | (10) Whether a restriction on the issuance or transfer |
| |||||||
| |||||||
1 | of a gaming license to, or holding, directly or indirectly, | ||||||
2 | of, an additional gaming license by the person is necessary | ||||||
3 | in order to encourage and preserve competition in casino | ||||||
4 | operations. | ||||||
5 | (11) Any other information deemed relevant by the | ||||||
6 | Board.
| ||||||
7 | (d) A current licensee may bid on any license awarded after | ||||||
8 | the effective date of this amendatory Act of the 95th General | ||||||
9 | Assembly; provided however, if the Board determines issuance of | ||||||
10 | the license will result in undue economic concentration, the | ||||||
11 | Board may require the licensee to divest holdings in a current | ||||||
12 | license as a condition of granting a license. The Board may | ||||||
13 | also require a licensee to divest holdings in a current license | ||||||
14 | if the licensee acquires an additional license through transfer | ||||||
15 | or sale. | ||||||
16 | (230 ILCS 10/7.25 new)
| ||||||
17 | Sec. 7.25. Diversity program. | ||||||
18 | (a) Each gaming licensee and suppliers licensee shall | ||||||
19 | establish and maintain a diversity program to ensure | ||||||
20 | non-discrimination in the award and administration of | ||||||
21 | contracts. The programs shall establish goals of awarding not | ||||||
22 | less than 25% of the annual dollar value of all contracts, | ||||||
23 | purchase orders, or other agreements to minority owned | ||||||
24 | businesses and 5% of the annual dollar value of all contracts | ||||||
25 | to female owned businesses. |
| |||||||
| |||||||
1 | (b) Each gaming licensee shall establish and maintain a | ||||||
2 | diversity program designed to promote equal opportunity for | ||||||
3 | employment. The program shall establish hiring goals as the | ||||||
4 | Board and each licensee determines appropriate. The Board shall | ||||||
5 | monitor the progress of the gaming licensees' progress with | ||||||
6 | respect to the program's goals. | ||||||
7 | (c) No later than May 31st of each year each licensee shall | ||||||
8 | report to the Board the number of respective employees and the | ||||||
9 | number of their respective employees who have designated | ||||||
10 | themselves as members of a minority group and gender. In | ||||||
11 | addition, all licensees shall submit a report with respect to | ||||||
12 | the minority owned and female owned businesses program created | ||||||
13 | in this Section to the Board. | ||||||
14 | (d) There is created the Diversity Program Commission. The | ||||||
15 | Commission shall consist of
2 members appointed by the | ||||||
16 | Governor, 2 members appointed by the President of the Senate, 2 | ||||||
17 | members appointed by the Minority Leader of the Senate, 2 | ||||||
18 | members appointed by the Speaker of the House of | ||||||
19 | Representatives, and 2 members appointed by the Minority leader | ||||||
20 | of the House of Representatives. Within 2 years after the | ||||||
21 | members of the Commission are appointed, the Commission shall | ||||||
22 | file a report with the Illinois Gaming Board, the General | ||||||
23 | Assembly, and the Governor regarding the status of minority and | ||||||
24 | female participation in gaming investment opportunities.
The | ||||||
25 | report shall focus on all of the following topics: | ||||||
26 | (1) The percentage of minorities and females that |
| |||||||
| |||||||
1 | currently reside in Illinois. | ||||||
2 | (2) The history of discrimination against minorities | ||||||
3 | and females within the gaming industry in Illinois. | ||||||
4 | (3) The availability of ready, willing, and able | ||||||
5 | minorities and females in Illinois to invest in gaming | ||||||
6 | operations within the State. | ||||||
7 | (4) The current amount of gaming investment throughout | ||||||
8 | Illinois by minorities and females. | ||||||
9 | (5) The need throughout the State to remedy past | ||||||
10 | discrimination practices regarding investment | ||||||
11 | opportunities for these groups. | ||||||
12 | (6) Other facts and statistical data to support the | ||||||
13 | need for remedial measures as a result of historical | ||||||
14 | exclusion of these groups within the gaming industry. | ||||||
15 | (230 ILCS 10/7.30 new)
| ||||||
16 | Sec. 7.30. Electronic gaming license transfer fee. | ||||||
17 | (a) An electronic gaming licensee or any other person must | ||||||
18 | apply for and receive the Illinois Gaming Board's approval | ||||||
19 | before: | ||||||
20 | (1) an electronic gaming license is transferred, sold, | ||||||
21 | or purchased; or | ||||||
22 | (2) a voting trust agreement or other similar agreement | ||||||
23 | is established with respect to the electronic gaming | ||||||
24 | license. | ||||||
25 | (b) The Illinois Gaming Board shall adopt rules governing |
| |||||||
| |||||||
1 | the procedure an electronic gaming licensee or other person | ||||||
2 | must follow to take an action under subsection (a) and (d). The | ||||||
3 | rules must specify that a person who obtains an ownership | ||||||
4 | interest in an electronic gaming license must meet the criteria | ||||||
5 | of this Act and comply with all applicable rules adopted by the | ||||||
6 | Illinois Gaming Board. A licensee may transfer an electronic | ||||||
7 | gaming license only in accordance with this Act and the rules | ||||||
8 | adopted by the Illinois Gaming Board. | ||||||
9 | (c) Except in compliance with rules adopted by the Illinois | ||||||
10 | Gaming Board, which shall not prohibit holders of electronic | ||||||
11 | gaming licenses or the parent companies of any such holders | ||||||
12 | from borrowings for the purpose of developing a gaming | ||||||
13 | investment nor, with respect to any public company, borrowings | ||||||
14 | at the parent level for general corporate purposes consistent | ||||||
15 | with past practices, in each case in the event such borrowings | ||||||
16 | are secured generally by substantially all of the assets of | ||||||
17 | holders or their parent companies, a person may not lease, | ||||||
18 | hypothecate, or borrow or loan money against an electronic | ||||||
19 | gaming license. | ||||||
20 | (d) Except as provided in subsection (e), a transfer fee is | ||||||
21 | imposed on an initial licensee who sells or otherwise | ||||||
22 | relinquishes an interest in an electronic gaming license in an | ||||||
23 | amount equal to the lesser for 20% of the net proceeds received | ||||||
24 | or the estimated net proceeds that could have been received | ||||||
25 | from the gaming positions added as a result of the electronic | ||||||
26 | gaming license for a period of one year preceding the license |
| |||||||
| |||||||
1 | transfer multiplied by the percentage interest in the | ||||||
2 | electronic gaming license sold or the percentage interest sold | ||||||
3 | multiplied by the product of the original gaming positions | ||||||
4 | licensed times $20,000 | ||||||
5 | This transfer fee will no longer be due on and after the | ||||||
6 | fifth anniversary of the effective date of this amendatory Act | ||||||
7 | of the 95th General Assembly. | ||||||
8 | (e) The fee imposed by subsection (d) shall not apply if: | ||||||
9 | (1) The electronic gaming license is transferred as a | ||||||
10 | result of any of the following: | ||||||
11 | (A) Bankruptcy, a receivership, or a debt | ||||||
12 | adjustment initiated by or against the initial | ||||||
13 | licensee or the substantial owners of the initial | ||||||
14 | license. | ||||||
15 | (B) Cancellation, revocation, or termination of | ||||||
16 | the electronic gaming licensee's license by the | ||||||
17 | Illinois Gaming Board. | ||||||
18 | (C) A determination by the Illinois Gaming Board | ||||||
19 | that transfer of the license is in the best interests | ||||||
20 | of Illinois Gaming. | ||||||
21 | (D) The death of an owner of the equity interest in | ||||||
22 | a licensee. | ||||||
23 | (E) A transaction in which less than a 5% interest | ||||||
24 | of a publicly traded company is transferred. | ||||||
25 | (F) A transfer by a parent company to a wholly | ||||||
26 | owned subsidiary. |
| |||||||
| |||||||
1 | (2) The controlling interest in the electronic gaming | ||||||
2 | license is transferred in a transaction to lineal | ||||||
3 | descendants in which no gain or loss is recognized or as a | ||||||
4 | result of a transaction in accordance with Section 351 of | ||||||
5 | the Internal Revenue Code in which no gain or loss is | ||||||
6 | recognized. | ||||||
7 | (f) The transfer of an electronic gaming license by a | ||||||
8 | person other than the initial licensee to receive the | ||||||
9 | electronic gaming license is not subject to a transfer fee.
| ||||||
10 | (230 ILCS 10/8)
(from Ch. 120, par. 2408)
| ||||||
11 | Sec. 8. Suppliers licenses.
| ||||||
12 | (a) The Board may issue a suppliers license to such | ||||||
13 | persons, firms or
corporations which apply therefor upon the | ||||||
14 | payment of a non-refundable
application fee set by the Board, | ||||||
15 | upon a determination by the Board that
the applicant is | ||||||
16 | eligible for a suppliers license and upon payment of a
$5,000 | ||||||
17 | annual license
fee.
| ||||||
18 | (b) The holder of a suppliers license is authorized to sell | ||||||
19 | or lease,
and to contract to sell or lease, gambling equipment | ||||||
20 | and supplies to any
licensee involved in the ownership or | ||||||
21 | management of gambling operations.
| ||||||
22 | (c) Gambling supplies and equipment may not be distributed
| ||||||
23 | unless supplies and equipment conform to standards adopted by
| ||||||
24 | rules of the Board.
| ||||||
25 | (d) A person, firm or corporation is ineligible to receive |
| |||||||
| |||||||
1 | a suppliers
license if:
| ||||||
2 | (1) the person has been convicted of a felony under the | ||||||
3 | laws of this
State, any other state, or the United States;
| ||||||
4 | (2) the person has been convicted of any violation of | ||||||
5 | Article 28 of the
Criminal Code of 1961, or substantially | ||||||
6 | similar laws of any other jurisdiction;
| ||||||
7 | (3) the person has submitted an application for a | ||||||
8 | license under this
Act which contains false information;
| ||||||
9 | (4) the person is a member of the Board;
| ||||||
10 | (5) the firm or corporation is one in which a person | ||||||
11 | defined in (1),
(2), (3) or (4), is an officer, director or | ||||||
12 | managerial employee;
| ||||||
13 | (6) the firm or corporation employs a person who | ||||||
14 | participates in the
management or operation of riverboat | ||||||
15 | gambling authorized under this Act;
| ||||||
16 | (7) the license of the person, firm or corporation | ||||||
17 | issued under
this Act, or a license to own or operate | ||||||
18 | gambling facilities
in any other jurisdiction, has been | ||||||
19 | revoked.
| ||||||
20 | (e) Any person that supplies any equipment, devices, or | ||||||
21 | supplies to a
gambling operation at a licensed facility | ||||||
22 | licensed riverboat gambling operation must
first obtain a | ||||||
23 | suppliers
license. A supplier shall furnish to the Board a list | ||||||
24 | of all equipment,
devices and supplies offered for sale or | ||||||
25 | lease in connection with gambling
games authorized under this | ||||||
26 | Act. A supplier shall keep books and records
for the furnishing |
| |||||||
| |||||||
1 | of equipment, devices and supplies to gambling
operations | ||||||
2 | separate and distinct from any other business that the supplier
| ||||||
3 | might operate. A supplier shall file a quarterly return with | ||||||
4 | the Board
listing all sales and leases. A supplier shall | ||||||
5 | permanently affix its name
to all its equipment, devices, and | ||||||
6 | supplies for gambling operations.
Any supplier's equipment, | ||||||
7 | devices or supplies which are used by any person
in an | ||||||
8 | unauthorized gambling operation shall be forfeited to the | ||||||
9 | State. A
gaming licensee
licensed
owner may own its own | ||||||
10 | equipment, devices and supplies. Each
gaming licensee holder of | ||||||
11 | an owners license under the
Act shall file an annual report
| ||||||
12 | listing its inventories of gambling equipment, devices and | ||||||
13 | supplies.
| ||||||
14 | (f) Any person who knowingly makes a false statement on an | ||||||
15 | application
is guilty of a Class A misdemeanor.
| ||||||
16 | (g) Any gambling equipment, devices and supplies provided | ||||||
17 | by any
licensed supplier may either be repaired at the licensed | ||||||
18 | facility on the riverboat or removed from
the licensed facility | ||||||
19 | riverboat to a
an on-shore
facility owned by gaming licensee | ||||||
20 | the holder of an owners
license for repair.
| ||||||
21 | (Source: P.A. 86-1029; 87-826.)
| ||||||
22 | (230 ILCS 10/9)
(from Ch. 120, par. 2409)
| ||||||
23 | Sec. 9. Occupational licenses.
| ||||||
24 | (a) The Board may issue an occupational license to an | ||||||
25 | applicant upon the
payment of a non-refundable fee set by the |
| |||||||
| |||||||
1 | Board, upon a determination by
the Board that the applicant is | ||||||
2 | eligible for an occupational license and
upon payment of an | ||||||
3 | annual license fee in an amount to be established. To
be | ||||||
4 | eligible for an occupational license, an applicant must:
| ||||||
5 | (1) be at least 21 years of age if the applicant will | ||||||
6 | perform any
function involved in gaming by patrons. Any | ||||||
7 | applicant seeking an
occupational license for a non-gaming | ||||||
8 | function shall be at least 18 years
of age;
| ||||||
9 | (2) not have been convicted of a felony offense, a | ||||||
10 | violation of Article
28 of the Criminal Code of 1961, or a | ||||||
11 | similar statute of any other
jurisdiction, or a crime | ||||||
12 | involving dishonesty or moral turpitude;
| ||||||
13 | (3) have demonstrated a level of skill or knowledge | ||||||
14 | which the Board
determines to be necessary in order to | ||||||
15 | operate gambling at a licensed facility or to staff a | ||||||
16 | Responsible Play Information Center aboard a riverboat ; | ||||||
17 | and
| ||||||
18 | (4) have met standards for the holding of an | ||||||
19 | occupational license as
adopted by rules of the Board. Such | ||||||
20 | rules shall provide that any person or
entity seeking an | ||||||
21 | occupational license to manage gambling operations
| ||||||
22 | hereunder shall be subject to background inquiries and | ||||||
23 | further requirements
similar to those required of | ||||||
24 | applicants for an owners license.
Furthermore, such rules | ||||||
25 | shall provide that each such entity shall be
permitted to | ||||||
26 | manage gambling operations for only one licensed owner.
|
| |||||||
| |||||||
1 | (b) Each application for an occupational license shall be | ||||||
2 | on forms
prescribed by the Board and shall contain all | ||||||
3 | information required by the
Board. The applicant shall set | ||||||
4 | forth in the application: whether he has been
issued prior | ||||||
5 | gambling related licenses; whether he has been licensed in any
| ||||||
6 | other state under any other name, and, if so, such name and his | ||||||
7 | age; and
whether or not a permit or license issued to him in | ||||||
8 | any other state has
been suspended, restricted or revoked, and, | ||||||
9 | if so, for what period of time.
| ||||||
10 | (c) Each applicant shall submit with his application, on | ||||||
11 | forms provided
by the Board, 2 sets of his fingerprints. The | ||||||
12 | Board shall charge each
applicant a fee set by the Department | ||||||
13 | of State Police to defray the costs
associated with the search | ||||||
14 | and classification of fingerprints obtained by
the Board with | ||||||
15 | respect to the applicant's application. These fees shall be
| ||||||
16 | paid into the State Police Services Fund.
| ||||||
17 | (d) The Board may in its discretion refuse an occupational | ||||||
18 | license to
any person: (1) who is unqualified to perform the | ||||||
19 | duties required of such
applicant; (2) who fails to disclose or | ||||||
20 | states falsely any information
called for in the application; | ||||||
21 | (3) who has been found guilty of a
violation of this Act or | ||||||
22 | whose prior gambling related license or
application therefor | ||||||
23 | has been suspended, restricted, revoked or denied for
just | ||||||
24 | cause in any other state; or (4) for any other just cause.
| ||||||
25 | (e) The Board may suspend, revoke or restrict any | ||||||
26 | occupational licensee:
(1) for violation of any provision of |
| |||||||
| |||||||
1 | this Act; (2) for violation of any
of the rules and regulations | ||||||
2 | of the Board; (3) for any cause which, if
known to the Board, | ||||||
3 | would have disqualified the applicant from receiving
such | ||||||
4 | license; or (4) for default in the payment of any obligation or | ||||||
5 | debt
due to the State of Illinois; or (5) for any other just | ||||||
6 | cause.
| ||||||
7 | (f) A person who knowingly makes a false statement on an | ||||||
8 | application is
guilty of a Class A misdemeanor.
| ||||||
9 | (g) Any license issued pursuant to this Section shall be | ||||||
10 | valid for a
period of one year from the date of issuance.
| ||||||
11 | (h) Nothing in this Act shall be interpreted to prohibit a | ||||||
12 | gaming licensee licensed
owner from entering into an agreement
| ||||||
13 | with a
school approved under the
Private Business and | ||||||
14 | Vocational Schools Act for the training of any
occupational | ||||||
15 | licensee. Any training offered by such a school shall be in
| ||||||
16 | accordance with a written agreement between the gaming licensee | ||||||
17 | licensed owner and the school.
| ||||||
18 | (i) Any training provided for occupational licensees may be | ||||||
19 | conducted
either at the licensed facility
on the riverboat or | ||||||
20 | at a
school with which a gaming licensee licensed owner has
| ||||||
21 | entered into an agreement pursuant to subsection (h).
| ||||||
22 | (Source: P.A. 86-1029; 87-826.)
| ||||||
23 | (230 ILCS 10/9.3 new)
| ||||||
24 | Sec. 9.3. License fees; deposit. | ||||||
25 | (a) The Board shall annually determine the annual cost of |
| |||||||
| |||||||
1 | maintaining control and regulatory activities contemplated by | ||||||
2 | this Act for each individual licensee. The Office of Gaming | ||||||
3 | Enforcement shall certify to the Board actual and prospective | ||||||
4 | costs of the investigative and enforcement functions of the | ||||||
5 | Office. These costs, together with the general operating | ||||||
6 | expenses of the Board, shall be the basis for the fee imposed | ||||||
7 | on each licensee. Each individual licensee's fees shall be | ||||||
8 | based upon disproportionate costs for each individual | ||||||
9 | licensee. | ||||||
10 | (b) Upon issuance or the first renewal of a gaming license | ||||||
11 | after the effective date of this amendatory Act of the 95th | ||||||
12 | General Assembly, a gaming licensee shall deposit $100,000 into | ||||||
13 | a fund held by the Director of the Office of Gaming Enforcement | ||||||
14 | separate from State moneys. The moneys in the fund shall be | ||||||
15 | used by the Director of the Office of Gaming Enforcement for | ||||||
16 | the purpose of conducting any investigation concerning that | ||||||
17 | licensee. Upon each subsequent renewal of a gaming license, the | ||||||
18 | gaming licensee shall deposit the amount necessary to bring the | ||||||
19 | moneys in the fund attributable to that licensee to $100,000. | ||||||
20 | (230 ILCS 10/9.5 new)
| ||||||
21 | Sec. 9.5. Contractor disclosure of political | ||||||
22 | contributions. | ||||||
23 | (a) As used in this Section: | ||||||
24 | "Contracts" means any agreement for services or goods for a | ||||||
25 | period to exceed one year or with an annual value of at least |
| |||||||
| |||||||
1 | $10,000. | ||||||
2 | "Contribution" means contribution as defined in this act. | ||||||
3 | "Affiliated person" means (i) any person with any ownership | ||||||
4 | interest or distributive share of the bidding or contracting | ||||||
5 | entity in excess of 1%, (ii) executive employees of the bidding | ||||||
6 | or contracting entity, and (iii) the spouse and minor children | ||||||
7 | of any such persons. | ||||||
8 | "Affiliated entity" means (i) any parent or subsidiary of | ||||||
9 | the bidding or contracting entity, (ii) any member of the same | ||||||
10 | unitary business group, or (iii) any political committee for | ||||||
11 | which the bidding or contracting entity is the sponsoring | ||||||
12 | entity. | ||||||
13 | (b) A bidder, offeror, or contractor for contracts with a | ||||||
14 | licensee shall disclose all political contributions of the | ||||||
15 | bidder, offeror, or contractor and any affiliated person or | ||||||
16 | entity. Such disclosure must accompany any contract. The | ||||||
17 | disclosure must be submitted to the Board with a copy of the | ||||||
18 | contract prior to Board approval of the contract. The | ||||||
19 | disclosure of each successful bidder or offeror shall become | ||||||
20 | part of the publicly available record. | ||||||
21 | (c) Disclosure by the bidder, offeror, or contractor shall | ||||||
22 | include at least the names and addresses of the contributors | ||||||
23 | and the dollar amounts of any contributions to any political | ||||||
24 | committee made within the previous 2 years. | ||||||
25 | (d) The Board shall refuse to approve any contract that | ||||||
26 | does not include the required disclosure. The Board must |
| |||||||
| |||||||
1 | include the disclosure on their website. | ||||||
2 | (e) The Board may direct a licensee to void a contract if a | ||||||
3 | violation of this Section occurs.
| ||||||
4 | (230 ILCS 10/11) (from Ch. 120, par. 2411)
| ||||||
5 | Sec. 11. Conduct of gambling. Gambling may be conducted by | ||||||
6 | gaming licensees at licensed facilities or in a temporary | ||||||
7 | location as provided in this Act. Gambling authorized under | ||||||
8 | this Section shall be licensed owners or licensed managers on | ||||||
9 | behalf
of the State aboard riverboats,
subject to the following | ||||||
10 | standards:
| ||||||
11 | (1) An owners A licensee may conduct riverboat gambling | ||||||
12 | authorized under this Act
regardless of whether it conducts | ||||||
13 | excursion cruises. A licensee may permit
the continuous | ||||||
14 | ingress and egress of passengers for the purpose of | ||||||
15 | gambling.
| ||||||
16 | (2) (Blank).
| ||||||
17 | (3) Minimum and maximum wagers on games shall be set by | ||||||
18 | the licensee.
| ||||||
19 | (4) Agents of the Office of Gaming Enforcement Board | ||||||
20 | and the Department of State Police may board
and inspect | ||||||
21 | any licensed facility riverboat at any time for the purpose | ||||||
22 | of determining
whether this Act is being complied with. | ||||||
23 | Every riverboat, if under way and
being hailed by a law | ||||||
24 | enforcement officer or agent of the Board, must stop
| ||||||
25 | immediately and lay to.
|
| |||||||
| |||||||
1 | (5) Employees of the Board or Office of Gaming | ||||||
2 | Enforcement shall have the right to be present at the | ||||||
3 | licensed facility on the
riverboat or on adjacent | ||||||
4 | facilities under the control of the gaming licensee.
| ||||||
5 | (6) Gambling equipment and supplies customarily used | ||||||
6 | in the conduct of conducting
riverboat gambling must be | ||||||
7 | purchased or leased only from suppliers licensed
for such | ||||||
8 | purpose under this Act.
| ||||||
9 | (7) Persons licensed under this Act shall permit no | ||||||
10 | form of wagering on
gambling games except as permitted by | ||||||
11 | this Act.
| ||||||
12 | (8) Wagers may be received only from a person present | ||||||
13 | at a licensed facility on a licensed
riverboat . No person | ||||||
14 | present at a licensed facility on a licensed riverboat | ||||||
15 | shall place
or attempt to place a wager on behalf of | ||||||
16 | another person who is not present
at the licensed facility | ||||||
17 | on the riverboat .
| ||||||
18 | (9) Wagering , including electronic gaming, shall not | ||||||
19 | be conducted with money or other negotiable
currency.
| ||||||
20 | (10) A person under age 21 shall not be permitted on an | ||||||
21 | area of a
licensed facility riverboat where gambling is | ||||||
22 | being conducted, except for a person at least
18 years of | ||||||
23 | age who is an employee of the riverboat
gambling operation. | ||||||
24 | No
employee under age 21 shall perform any function | ||||||
25 | involved in gambling by
the patrons. No person under age 21 | ||||||
26 | shall be permitted to make a wager under
this Act.
|
| |||||||
| |||||||
1 | (11) Gambling excursion cruises are permitted only | ||||||
2 | when the waterway for
which the riverboat is licensed is | ||||||
3 | navigable, as determined by
the Board in consultation with | ||||||
4 | the U.S. Army Corps of Engineers.
This paragraph (11) does | ||||||
5 | not limit the ability of a licensee to conduct
gambling | ||||||
6 | authorized under this Act when gambling excursion cruises | ||||||
7 | are not
permitted.
| ||||||
8 | (12) All tokens, chips , or electronic cards used to | ||||||
9 | make wagers must be
purchased (i) from an owners licensee a | ||||||
10 | licensed owner or manager , in the case of a riverboat, | ||||||
11 | either aboard the
a
riverboat or at
an onshore
facility | ||||||
12 | which has been approved by the Board and which is located | ||||||
13 | where
the riverboat docks , (ii) in the case of a casino, | ||||||
14 | from a licensed casino operator at the casino, or (iii) | ||||||
15 | from an electronic gaming licensee at the electronic gaming | ||||||
16 | facility . 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 at the licensed facility | ||||||
20 | aboard the riverboat only for the purpose of making wagers | ||||||
21 | on
gambling games and electronic poker .
| ||||||
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
gaming licensee licensed owner or manager | ||||||
19 | who extends credit to a riverboat gambling patron
pursuant
to | ||||||
20 | Section 11 (a) (12) of this Act is expressly authorized to | ||||||
21 | institute a
cause of action to collect any amounts due and | ||||||
22 | owing under the extension of
credit, as well as the owner's or | ||||||
23 | manager's costs, expenses and reasonable
attorney's
fees | ||||||
24 | incurred in collection.
| ||||||
25 | (Source: P.A. 93-28, eff. 6-20-03.)
|
| |||||||
| |||||||
1 | (230 ILCS 10/11.2)
| ||||||
2 | Sec. 11.2. Relocation of riverboat home dock. | ||||||
3 | (a) Prior to the effective date of this amendatory Act of | ||||||
4 | the 95th General Assembly, a A licensee that was not conducting
| ||||||
5 | riverboat gambling on January 1, 1998 may apply to the Board | ||||||
6 | for renewal and
approval of relocation to a new home dock | ||||||
7 | location authorized under Section
3(c) and
the Board
shall | ||||||
8 | grant the application and approval upon receipt by the licensee | ||||||
9 | of
approval from the new municipality or county, as the case | ||||||
10 | may be, in which the
licensee wishes to relocate pursuant to | ||||||
11 | Section 7(j).
| ||||||
12 | (b) Any licensee that relocates its home dock
pursuant
to | ||||||
13 | this Section shall attain a level of at least 20% minority | ||||||
14 | person and female
ownership, at least 16% and 4% respectively, | ||||||
15 | within a time period
prescribed by the Board,
but not to exceed | ||||||
16 | 12 months from the date
the licensee
begins conducting gambling | ||||||
17 | at the new home dock location. The 12-month period
shall be | ||||||
18 | extended by the amount of
time
necessary to conduct a | ||||||
19 | background investigation pursuant to Section 6.
For the | ||||||
20 | purposes of this
Section, the terms "female" and "minority | ||||||
21 | person" have the meanings provided in
Section 2 of the
Business | ||||||
22 | Enterprise for Minorities, Females, and Persons with | ||||||
23 | Disabilities
Act.
| ||||||
24 | (Source: P.A. 91-40, eff. 6-25-99.)
|
| |||||||
| |||||||
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 | ||||||
26 | 2003 and (i) admitted 1,000,000 persons or
fewer in the |
| |||||||
| |||||||
1 | calendar year 2003, the rate is $1 per person admitted; (ii) | ||||||
2 | admitted more than 1,000,000 persons but fewer than 1,500,000 | ||||||
3 | persons, the rate is $2 per person admitted; and (iii) admitted | ||||||
4 | 1,500,000 persons or more, the rate is $3 per person admitted. | ||||||
5 | For a licensee that receives its license under subsection (e-5) | ||||||
6 | or (e-6) of Section 7 or that conducts riverboat gambling | ||||||
7 | operations pursuant to a dormant license, the rate is $3 per | ||||||
8 | person admitted.
This admission tax is imposed upon the
| ||||||
9 | licensed owner conducting gambling. For the purposes of this | ||||||
10 | Section 12, the term "dormant license" has the meaning set | ||||||
11 | forth under subsection (a-3) of Section 13.
| ||||||
12 | (1) The admission tax shall be paid for each admission, | ||||||
13 | except that a person who exits a riverboat gambling | ||||||
14 | facility and reenters that riverboat gambling facility | ||||||
15 | within the same gaming day shall be subject only to the | ||||||
16 | initial admission tax. The Board shall establish, by rule, | ||||||
17 | a procedure to determine whether a person admitted to a | ||||||
18 | riverboat gambling facility or casino has paid the | ||||||
19 | admission tax.
| ||||||
20 | (2) (Blank).
| ||||||
21 | (3) An owners licensee and the Authority The riverboat | ||||||
22 | licensee may issue tax-free passes to
actual and necessary | ||||||
23 | officials and employees of the licensee or other
persons | ||||||
24 | actually working on the riverboat or in the casino .
| ||||||
25 | (4) The number and issuance of tax-free passes is | ||||||
26 | subject to the rules
of the Board, and a list of all |
| |||||||
| |||||||
1 | persons to whom the tax-free passes are
issued shall be | ||||||
2 | filed with the Board.
| ||||||
3 | (a-5) A fee is hereby imposed upon admissions operated by | ||||||
4 | licensed
managers on behalf of the State pursuant to Section | ||||||
5 | 7.3 at the rates provided
in
this subsection (a-5). For a | ||||||
6 | licensee that
admitted 1,000,000 persons or fewer in the | ||||||
7 | previous calendar year, the rate is
$3 per person admitted; for | ||||||
8 | a licensee that admitted more than 1,000,000 but no
more than | ||||||
9 | 2,300,000 persons
in the previous calendar year, the rate is $4 | ||||||
10 | per person admitted; and for
a licensee that admitted more than | ||||||
11 | 2,300,000 persons in the previous calendar
year, the rate is $5 | ||||||
12 | per person admitted.
| ||||||
13 | (1) The admission fee shall be paid for each admission.
| ||||||
14 | (2) (Blank).
| ||||||
15 | (3) The licensed manager may issue fee-free passes to | ||||||
16 | actual and necessary
officials and employees of the manager | ||||||
17 | or other persons actually working on the
riverboat.
| ||||||
18 | (4) The number and issuance of fee-free passes is | ||||||
19 | subject to the rules
of the Board, and a list of all | ||||||
20 | persons to whom the fee-free passes are
issued shall be | ||||||
21 | filed with the Board.
| ||||||
22 | (b) From the tax imposed under subsection (a) and the fee | ||||||
23 | imposed under
subsection (a-5), a municipality shall receive | ||||||
24 | from the State $1 for each
person embarking on a riverboat | ||||||
25 | docked within the municipality or entering a casino located | ||||||
26 | within the municipality , and a county
shall receive $1 for each |
| |||||||
| |||||||
1 | person entering a casino or embarking on a riverboat docked | ||||||
2 | within the
county but outside the boundaries of any | ||||||
3 | municipality. The municipality's or
county's share shall be | ||||||
4 | collected by the Board on behalf of the State and
remitted | ||||||
5 | quarterly by the State, subject to appropriation, to the | ||||||
6 | treasurer of
the unit of local government for deposit in the | ||||||
7 | general fund. For each admission in excess of 1,500,000 in a | ||||||
8 | year, from the tax imposed under this Section, the county in | ||||||
9 | which the licensee's home dock is located shall receive, | ||||||
10 | subject to appropriation, $0.15, which shall be in addition to | ||||||
11 | any other moneys paid to the county under this Section.
| ||||||
12 | (c) The licensed owner and the licensed casino operator | ||||||
13 | conducting gambling operations on behalf of the Authority shall | ||||||
14 | pay the entire admission tax to the Board and
the licensed | ||||||
15 | manager shall pay the entire admission fee to the Board.
Such | ||||||
16 | payments shall be made daily. Accompanying each payment shall | ||||||
17 | be a
return on forms provided by the Board which shall include | ||||||
18 | other
information regarding admissions as the Board may | ||||||
19 | require. Failure to
submit either the payment or the return | ||||||
20 | within the specified time may
result in suspension or | ||||||
21 | revocation of the owners or managers license.
| ||||||
22 | (d) The Board shall administer and collect the admission | ||||||
23 | tax imposed by
this Section, to the extent practicable, in a | ||||||
24 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
25 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the | ||||||
26 | Retailers' Occupation Tax Act and
Section 3-7 of the Uniform |
| |||||||
| |||||||
1 | Penalty and Interest Act.
| ||||||
2 | (Source: P.A. 94-673, eff. 8-23-05; 95-663, eff. 10-11-07.)
| ||||||
3 | (230 ILCS 10/12.1 new)
| ||||||
4 | Sec. 12.1. Identification required. An owners licensee | ||||||
5 | shall implement procedures to obtain a valid government-issued | ||||||
6 | photo identification card containing, at a minimum, a date of | ||||||
7 | birth from patrons appearing to be age 30 and under prior to | ||||||
8 | the patron passing through the admission turnstiles. The owners | ||||||
9 | licensee shall file the procedures with the Board. The | ||||||
10 | procedures shall include the following: | ||||||
11 | (1) The forms of identification accepted, which shall | ||||||
12 | include: | ||||||
13 | (A) a driver's license or State photo | ||||||
14 | identification card issued in the United States; | ||||||
15 | (B) a passport; | ||||||
16 | (C) a U.S. issued military I.D.; | ||||||
17 | (D) a photo identification card issued by a | ||||||
18 | government entity located within the United States or a | ||||||
19 | U.S. territory or possession; and | ||||||
20 | (E) a U.S. issued alien identification card. | ||||||
21 | (2) A description of how information obtained from the | ||||||
22 | identification card will be compared to the Board's | ||||||
23 | Statewide Voluntary Self-Exclusion List, including a | ||||||
24 | description of procedures to ensure the confidentiality of | ||||||
25 | the information. Information obtained from identification |
| |||||||
| |||||||
1 | cards may be maintained for statistical or regulatory | ||||||
2 | purposes, but not for marketing, promotional, or any other | ||||||
3 | purpose. | ||||||
4 | The Board may not enforce, impose, or adopt administrative | ||||||
5 | rules for identification requirements or procedures other than | ||||||
6 | those contained in this Section.
| ||||||
7 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
8 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
9 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
10 | gross
receipts received from gambling games authorized under | ||||||
11 | this Act at the rate of
20%.
| ||||||
12 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
13 | tax is
imposed on persons engaged in the business of conducting | ||||||
14 | riverboat gambling
operations, based on the adjusted gross | ||||||
15 | receipts received by a licensed owner
from gambling games | ||||||
16 | authorized under this Act at the following rates:
| ||||||
17 | 15% of annual adjusted gross receipts up to and | ||||||
18 | including $25,000,000;
| ||||||
19 | 20% of annual adjusted gross receipts in excess of | ||||||
20 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
21 | 25% of annual adjusted gross receipts in excess of | ||||||
22 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
23 | 30% of annual adjusted gross receipts in excess of | ||||||
24 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
25 | 35% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $100,000,000.
| ||||||
2 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
3 | is imposed on
persons engaged in the business of conducting | ||||||
4 | riverboat gambling operations,
other than licensed managers | ||||||
5 | conducting riverboat gambling operations on behalf
of the | ||||||
6 | State, based on the adjusted gross receipts received by a | ||||||
7 | licensed
owner from gambling games authorized under this Act at | ||||||
8 | the following rates:
| ||||||
9 | 15% of annual adjusted gross receipts up to and | ||||||
10 | including $25,000,000;
| ||||||
11 | 22.5% of annual adjusted gross receipts in excess of | ||||||
12 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
13 | 27.5% of annual adjusted gross receipts in excess of | ||||||
14 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
15 | 32.5% of annual adjusted gross receipts in excess of | ||||||
16 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
17 | 37.5% of annual adjusted gross receipts in excess of | ||||||
18 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
19 | 45% of annual adjusted gross receipts in excess of | ||||||
20 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
21 | 50% of annual adjusted gross receipts in excess of | ||||||
22 | $200,000,000.
| ||||||
23 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
24 | persons engaged
in the business of conducting riverboat | ||||||
25 | gambling operations, other than
licensed managers conducting | ||||||
26 | riverboat gambling operations on behalf of the
State, based on |
| |||||||
| |||||||
1 | the adjusted gross receipts received by a licensed owner from
| ||||||
2 | gambling games authorized under this Act at the following | ||||||
3 | rates:
| ||||||
4 | 15% of annual adjusted gross receipts up to and | ||||||
5 | including $25,000,000;
| ||||||
6 | 27.5% of annual adjusted gross receipts in excess of | ||||||
7 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
8 | 32.5% of annual adjusted gross receipts in excess of | ||||||
9 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
10 | 37.5% of annual adjusted gross receipts in excess of | ||||||
11 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
12 | 45% of annual adjusted gross receipts in excess of | ||||||
13 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
14 | 50% of annual adjusted gross receipts in excess of | ||||||
15 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
16 | 70% of annual adjusted gross receipts in excess of | ||||||
17 | $250,000,000.
| ||||||
18 | An amount equal to the amount of wagering taxes collected | ||||||
19 | under this
subsection (a-3) that are in addition to the amount | ||||||
20 | of wagering taxes that
would have been collected if the | ||||||
21 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
22 | be paid into the Common School Fund.
| ||||||
23 | The privilege tax imposed under this subsection (a-3) shall | ||||||
24 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
25 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
26 | gambling operations are conducted
pursuant to a dormant |
| |||||||
| |||||||
1 | license; or (iii) the first day that riverboat gambling
| ||||||
2 | operations are conducted under the authority of an owners | ||||||
3 | license that is in
addition to the 10 owners licenses initially | ||||||
4 | authorized under this Act.
For the purposes of this subsection | ||||||
5 | (a-3), the term "dormant license"
means an owners license that | ||||||
6 | is authorized by this Act under which no
riverboat gambling | ||||||
7 | operations are being conducted on June 20, 2003.
| ||||||
8 | (a-4) Beginning on the first day on which the tax imposed | ||||||
9 | under
subsection (a-3) is no longer imposed, a privilege tax is | ||||||
10 | imposed on persons
engaged in the business of conducting | ||||||
11 | riverboat gambling operations, other
than licensed managers | ||||||
12 | conducting riverboat gambling operations on behalf of
the | ||||||
13 | State, based on the adjusted gross receipts received by a | ||||||
14 | licensed owner
from gambling games and electronic poker | ||||||
15 | authorized under this Act at the following rates:
| ||||||
16 | 15% of annual adjusted gross receipts up to and | ||||||
17 | including $25,000,000;
| ||||||
18 | 22.5% of annual adjusted gross receipts in excess of | ||||||
19 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
20 | 27.5% of annual adjusted gross receipts in excess of | ||||||
21 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
22 | 32.5% of annual adjusted gross receipts in excess of | ||||||
23 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
24 | 37.5% of annual adjusted gross receipts in excess of | ||||||
25 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
26 | 45% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
2 | 50% of annual adjusted gross receipts in excess of | ||||||
3 | $200,000,000.
| ||||||
4 | (a-5) Beginning on the effective date of this amendatory | ||||||
5 | Act of the 95th General Assembly, a privilege tax is imposed on | ||||||
6 | casino gambling operations at the same rates specified in this | ||||||
7 | subsection (a-4) for the privilege tax on riverboat gambling | ||||||
8 | operations. | ||||||
9 | (a-6) Beginning on the effective date of this amendatory | ||||||
10 | Act of the 95th General Assembly, a privilege tax is imposed on | ||||||
11 | persons conducting electronic gaming based on the net adjusted | ||||||
12 | gross receipts received by an electronic gaming licensee from | ||||||
13 | electronic gaming and electronic poker at the following rates: | ||||||
14 | 15% of annual net adjusted gross receipts up to and | ||||||
15 | including $25,000,000; | ||||||
16 | 22.5% of annual net adjusted gross receipts in excess | ||||||
17 | of $25,000,000 but not
exceeding $50,000,000; | ||||||
18 | 27.5% of annual net adjusted gross receipts in excess | ||||||
19 | of $50,000,000 but not
exceeding $75,000,000; | ||||||
20 | 32.5% of annual net adjusted gross receipts in excess | ||||||
21 | of $75,000,000 but not
exceeding $100,000,000; | ||||||
22 | 37.5% of annual net adjusted gross receipts in excess | ||||||
23 | of $100,000,000 but not
exceeding $150,000,000; | ||||||
24 | 45% of annual net adjusted gross receipts in excess of | ||||||
25 | $150,000,000 but not
exceeding $200,000,000; | ||||||
26 | 50% of annual net adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $200,000,000. | ||||||
2 | As used in this Section, "net adjusted gross receipts" | ||||||
3 | means total adjusted gross receipts minus purse account | ||||||
4 | distributions made pursuant to subsection (a-5) of Section 56 | ||||||
5 | of the Illinois Horse Racing Act of 1975. | ||||||
6 | (a-8) Riverboat gambling operations conducted by a | ||||||
7 | licensed manager on
behalf of the State are not subject to the | ||||||
8 | tax imposed under this Section.
| ||||||
9 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
10 | the gaming licensee licensed
owner to the Board not later than | ||||||
11 | 3:00 o'clock p.m. of the day after the day
when the wagers were | ||||||
12 | made.
| ||||||
13 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
14 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
15 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
16 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
17 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
18 | the payment of all amounts otherwise due under this Section, | ||||||
19 | pay to the Board a reconciliation payment in the amount, if | ||||||
20 | any, by which the licensed owner's base amount exceeds the | ||||||
21 | amount of net privilege tax paid by the licensed owner to the | ||||||
22 | Board in the then current State fiscal year. A licensed owner's | ||||||
23 | net privilege tax obligation due for the balance of the State | ||||||
24 | fiscal year shall be reduced up to the total of the amount paid | ||||||
25 | by the licensed owner in its June 15 reconciliation payment. | ||||||
26 | The obligation imposed by this subsection (a-15) is binding on |
| |||||||
| |||||||
1 | any person, firm, corporation, or other entity that acquires an | ||||||
2 | ownership interest in any such owners license. The obligation | ||||||
3 | imposed under this subsection (a-15) terminates on the earliest | ||||||
4 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
5 | date of this amendatory Act of the 94th General Assembly that | ||||||
6 | riverboat gambling operations are conducted pursuant to a | ||||||
7 | dormant license, (iii) the first day that riverboat gambling | ||||||
8 | operations are conducted under the authority of an owners | ||||||
9 | license that is in addition to the 10 owners licenses initially | ||||||
10 | authorized under this Act, or (iv) the first day that a | ||||||
11 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
12 | gaming operations with slot machines or other electronic gaming | ||||||
13 | devices. The Board must reduce the obligation imposed under | ||||||
14 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
15 | for any of the following reasons: (A) an act or acts of God, | ||||||
16 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
17 | terrorism threat that was investigated by a law enforcement | ||||||
18 | agency, or (C) a condition beyond the control of the owners | ||||||
19 | licensee that does not result from any act or omission by the | ||||||
20 | owners licensee or any of its agents and that poses a hazardous | ||||||
21 | threat to the health and safety of patrons. If an owners | ||||||
22 | licensee pays an amount in excess of its liability under this | ||||||
23 | Section, the Board shall apply the overpayment to future | ||||||
24 | payments required under this Section. | ||||||
25 | For purposes of this subsection (a-15): | ||||||
26 | "Act of God" means an incident caused by the operation of |
| |||||||
| |||||||
1 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
2 | avoided by the exercise of due care, and for which no person | ||||||
3 | can be held liable.
| ||||||
4 | "Base amount" means the following: | ||||||
5 | For a riverboat in Alton, $31,000,000.
| ||||||
6 | For a riverboat in East Peoria, $43,000,000.
| ||||||
7 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
8 | For a riverboat in Metropolis, $45,000,000.
| ||||||
9 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
10 | For a riverboat in Aurora, $86,000,000.
| ||||||
11 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
12 | For a riverboat in Elgin, $198,000,000.
| ||||||
13 | "Dormant license" has the meaning ascribed to it in | ||||||
14 | subsection (a-3).
| ||||||
15 | "Net privilege tax" means all privilege taxes paid by a | ||||||
16 | licensed owner to the Board under this Section, less all | ||||||
17 | payments made from the State Gaming Fund pursuant to subsection | ||||||
18 | (b) of this Section. | ||||||
19 | The changes made to this subsection (a-15) by Public Act | ||||||
20 | 94-839 are intended to restate and clarify the intent of Public | ||||||
21 | Act 94-673 with respect to the amount of the payments required | ||||||
22 | to be made under this subsection by an owners licensee to the | ||||||
23 | Board.
| ||||||
24 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
25 | in the State
Gaming Fund under this Section shall be paid, | ||||||
26 | subject to appropriation by the
General Assembly, to the unit |
| |||||||
| |||||||
1 | of local government which is designated as the
home dock of the | ||||||
2 | riverboat. Except as otherwise provided in this subsection
(b), | ||||||
3 | beginning Beginning January 1, 1998, from the tax revenue
| ||||||
4 | deposited in the State Gaming Fund under this Section, an | ||||||
5 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
6 | riverboat shall be paid monthly, subject
to appropriation by | ||||||
7 | the General Assembly, to the unit of local government that
is | ||||||
8 | designated as the home dock of the riverboat. | ||||||
9 | For calendar year 2008 and each year thereafter, (i) the | ||||||
10 | unit of local government that is designated as the home dock
of | ||||||
11 | a riverboat conducting gambling operations on the effective | ||||||
12 | date of this amendatory Act of the 95th General Assembly shall | ||||||
13 | not receive more money pursuant to this subsection (b) than it | ||||||
14 | received in the calendar year 2007. | ||||||
15 | If the Board certifies that the amounts paid under this | ||||||
16 | subsection (b) to a unit of local government in which a | ||||||
17 | riverboat in operation in calendar year 2007 is located during | ||||||
18 | the first and second calendar year that electronic gaming is | ||||||
19 | conducted are less than those paid under this subsection during | ||||||
20 | the base year, then the Board shall pay from the State Gaming | ||||||
21 | Fund to the unit of local government that is designated as the | ||||||
22 | home dock of the riverboat an amount equal to 100% of the | ||||||
23 | difference. If the Board certifies that the amounts paid under | ||||||
24 | this subsection (b) to a unit of local government in which a | ||||||
25 | riverboat in operation in calendar year 2007 is located during | ||||||
26 | the third and fourth calendar year that electronic gaming is |
| |||||||
| |||||||
1 | conducted are less than those paid under this subsection during | ||||||
2 | the base year, then the Board shall pay from the State Gaming | ||||||
3 | Fund to the unit of local government that is designated as the | ||||||
4 | home dock of the riverboat an amount equal to 75% of the | ||||||
5 | difference. If the Board certifies that the amounts paid under | ||||||
6 | this subsection (b) to a unit of local government in which a | ||||||
7 | riverboat in operation in calendar year 2007 is located during | ||||||
8 | the fifth calendar year that electronic gaming is conducted are | ||||||
9 | less than those paid under this subsection during the base | ||||||
10 | year, then the Board shall pay from the State Gaming Fund to | ||||||
11 | the unit of local government that is designated as the home | ||||||
12 | dock of the riverboat an amount equal to 50% of the difference. | ||||||
13 | No payments for losses associated with electronic gaming shall | ||||||
14 | be made after the fifth year that electronic gaming is | ||||||
15 | conducted. | ||||||
16 | For the purpose of this subsection (b), "base year" means | ||||||
17 | the calendar year before electronic gaming is conducted in the | ||||||
18 | State of Illinois. | ||||||
19 | Beginning on the effective date of this amendatory Act of | ||||||
20 | the 95th General Assembly, from the tax revenue
deposited in | ||||||
21 | the State Gaming Fund under this Section, an amount equal to 2% | ||||||
22 | of
the new adjusted gross receipts generated by a riverboat not | ||||||
23 | located in St. Clair County that is conducting gambling | ||||||
24 | operations on the effective date of this amendatory Act of the | ||||||
25 | 95th General Assembly shall be paid monthly, subject
to | ||||||
26 | appropriation by the General Assembly, to the county in which |
| |||||||
| |||||||
1 | the home dock of the riverboat is located for the purposes of | ||||||
2 | its criminal justice system or health care. | ||||||
3 | Beginning on the effective date of this amendatory Act of | ||||||
4 | the 95th General Assembly, from the tax revenue deposited into | ||||||
5 | the State Gaming Fund under this Section, (i) an amount equal | ||||||
6 | to 0.75% of new adjusted gross receipts generated by a | ||||||
7 | riverboat located in St. Clair County conducting gambling | ||||||
8 | operations on the effective date of this amendatory Act of the | ||||||
9 | 95th General Assembly shall be paid monthly, subject to | ||||||
10 | appropriation by the General Assembly, to St. Clair County for | ||||||
11 | the purposes of its criminal justice system or health care and | ||||||
12 | (ii) an amount equal to 1.25% of new adjusted gross receipts | ||||||
13 | generated by a riverboat located in St. Clair County conducting | ||||||
14 | gambling operations on the effective date of this amendatory | ||||||
15 | Act of the 95th General Assembly shall be divided equally and | ||||||
16 | paid monthly, subject to appropriation by the General Assembly, | ||||||
17 | to the Village of Alorton, the Village of Brooklyn, the Village | ||||||
18 | of Cahokia, the City of Centreville, and the Village of | ||||||
19 | Washington Park for the purposes of economic development. | ||||||
20 | As used in this subsection (b), "new adjusted gross | ||||||
21 | receipts" means the difference between the adjusted gross | ||||||
22 | receipts generated by a riverboat conducting gambling | ||||||
23 | operations on the effective date of this amendatory Act of the | ||||||
24 | 95th General Assembly in the payment month and the adjusted | ||||||
25 | gross receipts generated by that riverboat in the corresponding | ||||||
26 | month in 2007. |
| |||||||
| |||||||
1 | As used in this subsection (b), "base year" means the | ||||||
2 | calendar year before electronic gaming is conducted in the | ||||||
3 | State of Illinois. | ||||||
4 | Beginning on the effective date of this amendatory Act of | ||||||
5 | the 95th General Assembly, from the tax revenue
deposited in | ||||||
6 | the State Gaming Fund under this Section, an amount equal to | ||||||
7 | (i) 2% of
adjusted gross receipts (net adjusted gross receipts | ||||||
8 | for electronic gaming facilities) generated by a riverboat not | ||||||
9 | in operation on the effective date of this amendatory Act of | ||||||
10 | the 95th General Assembly or electronic gaming facility located | ||||||
11 | outside Madison County shall be paid monthly, subject
to | ||||||
12 | appropriation by the General Assembly, to the unit of local | ||||||
13 | government that is designated as the home dock of the riverboat | ||||||
14 | or the municipality in which an electronic gaming facility is | ||||||
15 | located, (ii) 3% of
adjusted gross receipts (net adjusted gross | ||||||
16 | receipts for tracks) generated by a riverboat not in operation | ||||||
17 | on the effective date of this amendatory Act of the 95th | ||||||
18 | General Assembly or electronic gaming facility located outside | ||||||
19 | Madison County shall be paid monthly, subject
to appropriation | ||||||
20 | by the General Assembly, to the county in which the home dock | ||||||
21 | of the riverboat or electronic gaming facility is located for | ||||||
22 | the purposes of its criminal justice system or health care | ||||||
23 | system, and (iii) 1.5% of adjusted gross receipts generated by | ||||||
24 | the casino shall be paid monthly to Cook County for the | ||||||
25 | purposes of its criminal justice system or health care system. | ||||||
26 | In the case of an electronic gaming facility that is not |
| |||||||
| |||||||
1 | located in a municipality on the effective date of this | ||||||
2 | amendatory Act of the 95th General Assembly, the amounts | ||||||
3 | distributed under this subsection (b) shall be distributed | ||||||
4 | wholly to the county. | ||||||
5 | Beginning on the effective date of this amendatory Act of | ||||||
6 | the 95th General Assembly, from the tax revenue deposited in | ||||||
7 | the State Gaming Fund under this section, an amount equal to | ||||||
8 | (i) 2% of net adjusted gross receipts generated by an | ||||||
9 | electronic gaming facility located in Madison County shall be | ||||||
10 | paid monthly, subject to appropriation by the General Assembly, | ||||||
11 | to the unit of local government in which the electronic gaming | ||||||
12 | facility is located, (ii) 1.5% of net adjusted gross receipts | ||||||
13 | generated by an electronic gaming facility located in Madison | ||||||
14 | County shall be paid monthly, subject to appropriation by the | ||||||
15 | General Assembly, to Madison County for the purposes of its | ||||||
16 | criminal justice or health care systems, and (iii) 1.5% of net | ||||||
17 | adjusted gross receipts generated by an electronic gaming | ||||||
18 | facility located in Madison County shall be paid monthly, | ||||||
19 | subject to appropriation by the General Assembly, to St. Clair | ||||||
20 | County for the purposes of its criminal justice or health care | ||||||
21 | systems.
| ||||||
22 | From the tax revenue
deposited in the State Gaming Fund | ||||||
23 | pursuant to riverboat gambling operations
conducted by a | ||||||
24 | licensed manager on behalf of the State, an amount equal to 5%
| ||||||
25 | of adjusted gross receipts generated pursuant to those | ||||||
26 | riverboat gambling
operations shall be paid monthly,
subject to |
| |||||||
| |||||||
1 | appropriation by the General Assembly, to the unit of local
| ||||||
2 | government that is designated as the home dock of the riverboat | ||||||
3 | upon which
those riverboat gambling operations are conducted.
| ||||||
4 | (b-5) An amount equal to 1% of the adjusted gross receipts | ||||||
5 | from an owners licensee issued on or after the effective date | ||||||
6 | of this amendatory Act of the 95th General Assembly authorizing | ||||||
7 | riverboat gambling in Cook County shall be paid monthly, | ||||||
8 | subject to appropriation by the General Assembly, to the | ||||||
9 | Depressed Communities Economic Development Fund, which is | ||||||
10 | created as a special fund in the State treasury. The Department | ||||||
11 | of Commerce and Economic Opportunity shall administer the Fund | ||||||
12 | and use moneys in the Fund to make grants for revitalization of | ||||||
13 | communities in accordance with Section 605-530 of The | ||||||
14 | Department of Economic Opportunity Law of the Civil | ||||||
15 | Administration Code of Illinois.
| ||||||
16 | (c) (Blank). Appropriations, as approved by the General | ||||||
17 | Assembly, may be made
from the State Gaming Fund to the | ||||||
18 | Department of Revenue and the Department
of State Police for | ||||||
19 | the administration and enforcement of this Act, or to the
| ||||||
20 | Department of Human Services for the administration of programs | ||||||
21 | to treat
problem gambling.
| ||||||
22 | (c-5) (Blank). Before May 26, 2006 (the effective date of | ||||||
23 | Public Act 94-804) and beginning 2 years after May 26, 2006 | ||||||
24 | (the effective date of Public Act 94-804), after the payments | ||||||
25 | required under subsections (b) and (c) have been
made, an | ||||||
26 | amount equal to 15% of the adjusted gross receipts of (1) an |
| |||||||
| |||||||
1 | owners
licensee that relocates pursuant to Section 11.2,
(2) an | ||||||
2 | owners licensee
conducting riverboat gambling operations
| ||||||
3 | pursuant to an
owners license that is initially issued after | ||||||
4 | June
25, 1999,
or (3) the first
riverboat gambling operations | ||||||
5 | conducted by a licensed manager on behalf of the
State under | ||||||
6 | Section 7.3,
whichever comes first, shall be paid from the | ||||||
7 | State
Gaming Fund into the Horse Racing Equity Fund.
| ||||||
8 | (c-10) (Blank). Each year the General Assembly shall | ||||||
9 | appropriate from the General
Revenue Fund to the Education | ||||||
10 | Assistance Fund an amount equal to the amount
paid into the | ||||||
11 | Horse Racing Equity Fund pursuant to subsection (c-5) in the
| ||||||
12 | prior calendar year.
| ||||||
13 | (c-15) (Blank). After the payments required under | ||||||
14 | subsections (b), (c), and (c-5)
have been made, an amount equal | ||||||
15 | to 2% of the adjusted gross receipts of (1)
an owners licensee | ||||||
16 | that relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
17 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
18 | license that is initially issued after June 25, 1999,
or (3) | ||||||
19 | the first
riverboat gambling operations conducted by a licensed | ||||||
20 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
21 | comes first, shall be paid, subject to appropriation
from the | ||||||
22 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
23 | county with a population of over 3,000,000 inhabitants for the | ||||||
24 | purpose of
enhancing the county's criminal justice system.
| ||||||
25 | (c-20) (Blank). Each year the General Assembly shall | ||||||
26 | appropriate from the General
Revenue Fund to the Education |
| |||||||
| |||||||
1 | Assistance Fund an amount equal to the amount
paid to each home | ||||||
2 | rule county with a population of over 3,000,000 inhabitants
| ||||||
3 | pursuant to subsection (c-15) in the prior calendar year.
| ||||||
4 | (c-25) (Blank). After the payments required under | ||||||
5 | subsections (b), (c), (c-5) and
(c-15) have been made, an | ||||||
6 | amount equal to 2% of the
adjusted gross receipts of (1) an | ||||||
7 | owners licensee
that
relocates pursuant to Section 11.2, (2) an
| ||||||
8 | owners
licensee conducting riverboat gambling operations | ||||||
9 | pursuant to
an
owners license
that is initially issued after | ||||||
10 | June 25, 1999,
or (3) the first
riverboat gambling operations | ||||||
11 | conducted by a licensed manager on behalf of the
State under | ||||||
12 | Section 7.3,
whichever
comes first,
shall be paid from the | ||||||
13 | State
Gaming Fund to Chicago State University.
| ||||||
14 | (d) From time to time, the
Board shall transfer all | ||||||
15 | remaining revenue generated by riverboat gambling under this | ||||||
16 | Act as follows: (i) from revenue generated by riverboats in | ||||||
17 | operation on the effective date of this amendatory Act of the | ||||||
18 | 95th General Assembly, an amount equal to the amount | ||||||
19 | transferred from the State Gaming Fund into the Education | ||||||
20 | Assistance Fund in fiscal year 2007, plus all revenue generated | ||||||
21 | by the dormant license, shall be transferred the remainder of | ||||||
22 | the funds
generated by this Act into the Education
Assistance | ||||||
23 | Fund, created by Public Act 86-0018, of the State of Illinois | ||||||
24 | and (ii) the remainder of the funds generated by riverboat | ||||||
25 | gambling under this Act shall be transferred into the Illinois | ||||||
26 | Works Debt Service Fund. For the purposes of this subsection |
| |||||||
| |||||||
1 | (d), "dormant license" means an owners license that was | ||||||
2 | authorized by this Act on June 20, 2003, but under which no | ||||||
3 | riverboat gambling operations were being conducted on that | ||||||
4 | date .
| ||||||
5 | (e) From time to time, the Board shall transfer all | ||||||
6 | remaining revenue generated under this Act from casino gambling | ||||||
7 | operations and electronic gaming into the Illinois Works Debt | ||||||
8 | Service Fund. | ||||||
9 | (f) (e) Nothing in this Act shall prohibit the unit of | ||||||
10 | local government
designated as the home dock of the riverboat | ||||||
11 | or the municipality in which a casino is located from entering | ||||||
12 | into agreements
with other units of local government in this | ||||||
13 | State or in other states to
share its portion of the tax | ||||||
14 | revenue.
| ||||||
15 | (g) (f) To the extent practicable, the Board shall | ||||||
16 | administer and collect the
wagering taxes imposed by this | ||||||
17 | Section in a manner consistent with the
provisions of Sections | ||||||
18 | 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, | ||||||
19 | and 10 of the Retailers' Occupation Tax Act and Section 3-7 of | ||||||
20 | the
Uniform Penalty and Interest Act.
| ||||||
21 | (Source: P.A. 94-673, eff. 8-23-05; 94-804, eff. 5-26-06; | ||||||
22 | 94-839, eff. 6-6-06; 95-331, eff. 8-21-07.)
| ||||||
23 | (230 ILCS 10/13.2 new) | ||||||
24 | Sec. 13.2. Responsible Play Information Centers. | ||||||
25 | (a) Each gaming licensee must provide on-site Responsible |
| |||||||
| |||||||
1 | Play Information Centers (RPICs) in each licensed facility for | ||||||
2 | the purposes of (1) increasing patron knowledge and | ||||||
3 | understanding of how games of chance work; (2) providing | ||||||
4 | on-site information and referral services to customers or other | ||||||
5 | persons seeking information on responsible gambling | ||||||
6 | strategies, problem gambling programs, and voluntary | ||||||
7 | self-exclusion; (3) informing patrons of the risks of problem | ||||||
8 | gambling and their limitations and teaching them how to play | ||||||
9 | within their means; (4) improving the effectiveness and | ||||||
10 | efficiency of assistance to individuals experiencing problems | ||||||
11 | with gambling; and (5) improving gambling delivery by | ||||||
12 | increasing the promotion and delivery of responsible gambling | ||||||
13 | practices. | ||||||
14 | (b) RPICs must be staffed at a minimum for 15 hours per | ||||||
15 | day, as determined by the Board on a facility-by-facility | ||||||
16 | basis, and must contain a self-service, computer-based | ||||||
17 | gambling tutorial, continuously looped informational videos, | ||||||
18 | and brochures for use when staff is unavailable. RPICs must be | ||||||
19 | designed as a dedicated space that is easily accessible from | ||||||
20 | the gaming floor, brilliantly lighted, comfortably furnished, | ||||||
21 | and patron friendly. | ||||||
22 | (c) Staff at RPICs must be trained in prevention education | ||||||
23 | and counseling and must be fully integrated within the gaming | ||||||
24 | environment, working closely with gaming staff and managers to | ||||||
25 | educate players and assist with staff training. The RPIC staff | ||||||
26 | responsibilities shall include all of the following: |
| |||||||
| |||||||
1 | (1) To provide customer service-based player | ||||||
2 | information about the principles of gambling, including | ||||||
3 | randomness, house advantage, odds, and payouts. | ||||||
4 | (2) To provide information, support, and referrals, as | ||||||
5 | appropriate, to patrons who may be experiencing problems. | ||||||
6 | (3) To provide assistance with the voluntary | ||||||
7 | self-exclusion program. | ||||||
8 | (4) To consult with gaming staff, as appropriate, to | ||||||
9 | resolve situations where patrons may be in distress. | ||||||
10 | (5) To demonstrate a gaming-neutral approach to | ||||||
11 | issues. | ||||||
12 | (6) To keep log sheets on-site to record customer | ||||||
13 | interactions and information provided. | ||||||
14 | (d) All materials viewed in or distributed by a RPIC must | ||||||
15 | be approved by the Board.
| ||||||
16 | (230 ILCS 10/14)
(from Ch. 120, par. 2414)
| ||||||
17 | Sec. 14. Licensees - Records - Reports - Supervision.
| ||||||
18 | (a) Gaming licensees A Licensed
owner
shall
keep their
his | ||||||
19 | books and records so as to clearly show the following:
| ||||||
20 | (1) The amount received daily from admission fees.
| ||||||
21 | (2) The total amount of gross receipts.
| ||||||
22 | (3) The total amount of the adjusted gross receipts.
| ||||||
23 | (b) The gaming licensee Licensed
owner
shall
furnish to the | ||||||
24 | Board reports and information as
the Board may require with | ||||||
25 | respect to its activities on forms designed and
supplied for |
| |||||||
| |||||||
1 | such purpose by the Board.
| ||||||
2 | (c) The books and records kept by a gaming licensee | ||||||
3 | licensed owner as provided by this Section are
public records | ||||||
4 | and the examination, publication, and dissemination of the
| ||||||
5 | books and records are governed by the provisions of the The | ||||||
6 | Freedom of Information
Act.
| ||||||
7 | (Source: P.A. 86-1029.)
| ||||||
8 | (230 ILCS 10/14.5 new)
| ||||||
9 | Sec. 14.5. Collection of delinquent amounts. At any time | ||||||
10 | within 5 years after any amount of fees, interest, penalties, | ||||||
11 | or tax required to be collected pursuant to the provisions of | ||||||
12 | this Act shall become due and payable, the Office of Gaming | ||||||
13 | Enforcement may bring a civil action in the courts of this | ||||||
14 | State or any other state or of the United States, in the name | ||||||
15 | of the State of Illinois, to collect the amount delinquent, | ||||||
16 | together with penalties and interest. An action may be brought | ||||||
17 | whether or not the person owing the amount is at such time an | ||||||
18 | applicant or licensee under this Act. In all actions in this | ||||||
19 | State, the records of the Board and the Office shall be prima | ||||||
20 | facie evidence of the determination of the fee or tax or the | ||||||
21 | amount of the delinquency.
| ||||||
22 | (230 ILCS 10/17) (from Ch. 120, par. 2417)
| ||||||
23 | Sec. 17. Administrative Procedures. The Illinois | ||||||
24 | Administrative Procedure
Act shall apply to all administrative |
| |||||||
| |||||||
1 | rules and procedures of the Board and the Office of Gaming | ||||||
2 | Enforcement under
this Act, except that: (1) subsection (b) of | ||||||
3 | Section 5-10 of the Illinois
Administrative Procedure Act does | ||||||
4 | not apply to final orders, decisions and
opinions of the Board; | ||||||
5 | (2) subsection (a) of Section 5-10 of the Illinois
| ||||||
6 | Administrative Procedure Act does not apply to forms | ||||||
7 | established by the Board
for use under this Act; (3) the | ||||||
8 | provisions of Section 10-45 of the Illinois
Administrative | ||||||
9 | Procedure Act regarding proposals for decision are excluded
| ||||||
10 | under this Act; and (4) the provisions of subsection (d) of | ||||||
11 | Section
10-65 of the Illinois Administrative Procedure Act do | ||||||
12 | not apply so as to
prevent summary suspension of any license | ||||||
13 | pending revocation or other action,
which suspension shall | ||||||
14 | remain in effect unless modified by the Board or unless
the | ||||||
15 | Board's decision is reversed on the merits upon judicial | ||||||
16 | review.
| ||||||
17 | (Source: P.A. 88-45; 89-626, eff. 8-9-96.)
| ||||||
18 | (230 ILCS 10/17.2 new)
| ||||||
19 | Sec. 17.2. Administrative proceedings; burden of proof. In | ||||||
20 | proceedings before the Board, the burden of proof is at all | ||||||
21 | times on the petitioner. The petitioner shall have
the | ||||||
22 | affirmative responsibility of establishing by clear and | ||||||
23 | convincing evidence
that the petitioner is suitable for | ||||||
24 | licensing or a transfer of ownership.
|
| |||||||
| |||||||
1 | (230 ILCS 10/18)
(from Ch. 120, par. 2418)
| ||||||
2 | Sec. 18. Prohibited Activities - Penalty.
| ||||||
3 | (a) A person is guilty of a Class A misdemeanor for doing | ||||||
4 | any of the
following:
| ||||||
5 | (1) Conducting gambling where wagering
is used or to be | ||||||
6 | used
without a license issued by the Board.
| ||||||
7 | (2) Conducting gambling where wagering
is permitted | ||||||
8 | other
than in the manner specified by Section 11.
| ||||||
9 | (b) A person is guilty of a Class B misdemeanor for doing | ||||||
10 | any of the
following:
| ||||||
11 | (1) permitting a person under 21 years to make a wager; | ||||||
12 | or
| ||||||
13 | (2) violating paragraph (12) of subsection (a) of | ||||||
14 | Section 11 of this Act.
| ||||||
15 | (c) A person wagering or accepting a wager at any location | ||||||
16 | outside the
licensed facility in violation of paragraph | ||||||
17 | riverboat
is
subject
to the penalties in paragraphs (1) or (2) | ||||||
18 | of
subsection (a) of Section 28-1 of the Criminal Code of 1961 | ||||||
19 | is subject to the
penalties provided in that Section .
| ||||||
20 | (d) A person commits a Class 4 felony and, in addition, | ||||||
21 | shall be barred
for life from gambling operations
riverboats
| ||||||
22 | under the jurisdiction of
the
Board, if the person does any of | ||||||
23 | the following:
| ||||||
24 | (1) Offers, promises, or gives anything of value or | ||||||
25 | benefit to a person
who is connected with a gaming licensee | ||||||
26 | riverboat owner
including, but
not limited to, an officer |
| |||||||
| |||||||
1 | or employee of a gaming licensee licensed owner or holder | ||||||
2 | of an
occupational license pursuant to an agreement or | ||||||
3 | arrangement or with the
intent that the promise or thing of | ||||||
4 | value or benefit will influence the
actions of the person | ||||||
5 | to whom the offer, promise, or gift was made in order
to | ||||||
6 | affect or attempt to affect the outcome of a gambling game, | ||||||
7 | or to
influence official action of a member of the Board.
| ||||||
8 | (2) Solicits or knowingly accepts or receives a promise | ||||||
9 | of anything of
value or benefit while the person is | ||||||
10 | connected with a gaming licensee riverboat including, but | ||||||
11 | not limited to, an officer or
employee of a
gaming licensee | ||||||
12 | licensed owner ,
or the holder of an occupational license, | ||||||
13 | pursuant to an understanding or
arrangement or with the | ||||||
14 | intent that the promise or thing of value or
benefit will | ||||||
15 | influence the actions of the person to affect or attempt to
| ||||||
16 | affect the outcome of a gambling game or electronic poker , | ||||||
17 | or to influence official action of a
member of the Board.
| ||||||
18 | (3) Uses or possesses with the intent to use a device | ||||||
19 | to assist:
| ||||||
20 | (i) In projecting the outcome of the game.
| ||||||
21 | (ii) In keeping track of the cards played.
| ||||||
22 | (iii) In analyzing the probability of the | ||||||
23 | occurrence of an event
relating to the gambling game or | ||||||
24 | electronic poker .
| ||||||
25 | (iv) In analyzing the strategy for playing or | ||||||
26 | betting to be used in the
game except as permitted by |
| |||||||
| |||||||
1 | the Board.
| ||||||
2 | (4) Cheats at a gambling game or electronic poker .
| ||||||
3 | (5) Manufactures, sells, or distributes any cards, | ||||||
4 | chips, dice, game or
device which is intended to be used to | ||||||
5 | violate any provision of this Act.
| ||||||
6 | (6) Alters or misrepresents the outcome of a gambling | ||||||
7 | game or electronic poker on which
wagers have been made | ||||||
8 | after the outcome is made sure but before it is
revealed to | ||||||
9 | the players.
| ||||||
10 | (7) Places a bet after acquiring knowledge, not | ||||||
11 | available to all players,
of the outcome of the gambling | ||||||
12 | game or electronic poker which is subject of the bet or to | ||||||
13 | aid a
person in acquiring the knowledge for the purpose of | ||||||
14 | placing a bet
contingent on that outcome.
| ||||||
15 | (8) Claims, collects, or takes, or attempts to claim, | ||||||
16 | collect, or take,
money or anything of value in or from the | ||||||
17 | gambling games or electronic poker , with intent to
defraud, | ||||||
18 | without having made a wager contingent on winning a | ||||||
19 | gambling game or electronic poker ,
or claims, collects, or | ||||||
20 | takes an amount of money or thing of value of
greater value | ||||||
21 | than the amount won.
| ||||||
22 | (9) Uses counterfeit chips or tokens in a gambling game | ||||||
23 | or electronic poker .
| ||||||
24 | (10) Possesses any key or device designed for the | ||||||
25 | purpose of opening,
entering, or affecting the operation of | ||||||
26 | a gambling game or electronic poker , drop box, or an
|
| |||||||
| |||||||
1 | electronic or mechanical device connected with the | ||||||
2 | gambling game or for
removing coins, tokens, chips or other | ||||||
3 | contents of a gambling game or electronic poker . This
| ||||||
4 | paragraph (10) does not apply to a gambling licensee or | ||||||
5 | employee of a
gambling licensee acting in furtherance of | ||||||
6 | the employee's employment.
| ||||||
7 | (e) The possession of more than one of the devices | ||||||
8 | described in
subsection (d), paragraphs (3), (5) or (10) | ||||||
9 | permits a rebuttable
presumption that the possessor intended to | ||||||
10 | use the devices for cheating.
| ||||||
11 | An action to prosecute any crime occurring on a riverboat
| ||||||
12 | shall be tried in the county of the dock at which the riverboat | ||||||
13 | is based. An action to prosecute any crime occurring in a | ||||||
14 | casino
or electronic gaming facility shall be tried in the | ||||||
15 | county in which the casino or electronic gaming facility is | ||||||
16 | located.
| ||||||
17 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
18 | (230 ILCS 10/19)
(from Ch. 120, par. 2419)
| ||||||
19 | Sec. 19. Forfeiture of property.
| ||||||
20 | (a) Except as provided in subsection (b), any licensed | ||||||
21 | facility riverboat used for the conduct of gambling games in | ||||||
22 | violation of this
Act
shall be considered a gambling place in | ||||||
23 | violation of Section 28-3 of the
Criminal Code of 1961, as now | ||||||
24 | or hereafter amended.
Every gambling device found at a licensed | ||||||
25 | facility on a riverboat operating gambling games in violation |
| |||||||
| |||||||
1 | of this Act
shall be
subject to seizure, confiscation and | ||||||
2 | destruction as provided in Section 28-5 of
the Criminal Code of | ||||||
3 | 1961, as now or hereafter amended.
| ||||||
4 | (b) It is not a violation of this Act for a riverboat or | ||||||
5 | other
watercraft which is licensed for gaming by a contiguous | ||||||
6 | state to dock on
the shores of this State if the municipality | ||||||
7 | having jurisdiction of the
shores, or the county in the case of | ||||||
8 | unincorporated areas, has granted
permission for docking and no | ||||||
9 | gaming is conducted on the riverboat or other
watercraft while | ||||||
10 | it is docked on the shores of this State.
No gambling device | ||||||
11 | shall be subject to seizure, confiscation or
destruction if the | ||||||
12 | gambling device is located on a riverboat or other
watercraft | ||||||
13 | which is licensed for gaming by a contiguous state and which is
| ||||||
14 | docked on the shores of this State if the municipality having | ||||||
15 | jurisdiction
of the shores, or the county in the case of | ||||||
16 | unincorporated areas, has
granted permission for docking and no
| ||||||
17 | gaming is conducted on the riverboat or other watercraft while | ||||||
18 | it is docked on
the shores of this State.
| ||||||
19 | (Source: P.A. 86-1029.)
| ||||||
20 | (230 ILCS 10/20)
(from Ch. 120, par. 2420)
| ||||||
21 | Sec. 20. Prohibited activities - civil penalties. Any | ||||||
22 | person who
conducts a gambling operation without first | ||||||
23 | obtaining a license to do so, or
who continues to conduct such | ||||||
24 | games after revocation of his license, or any
licensee who | ||||||
25 | conducts or allows to be conducted any unauthorized gambling at |
| |||||||
| |||||||
1 | a licensed facility games
on a riverboat
where it is authorized | ||||||
2 | to conduct its riverboat
gambling operation, in
addition to
| ||||||
3 | other penalties provided, shall be subject to a civil penalty | ||||||
4 | equal to the
amount of gross receipts derived from wagering on | ||||||
5 | the gambling activity games ,
whether unauthorized or | ||||||
6 | authorized, conducted on that day as well as
confiscation and | ||||||
7 | forfeiture of all gambling game equipment used in the
conduct | ||||||
8 | of unauthorized gambling games .
| ||||||
9 | (Source: P.A. 86-1029.)
| ||||||
10 | (230 ILCS 10/22.5 new)
| ||||||
11 | Sec. 22.5. Illinois Works Fund. | ||||||
12 | (a) There is created the Illinois Works Fund, a special | ||||||
13 | fund in the State Treasury. The Board shall deposit the | ||||||
14 | following into the Illinois Works Fund: | ||||||
15 | (1) The initial fee and reconciliation payment from the | ||||||
16 | positions under subsections (h-2) and (h-5) of Section 7. | ||||||
17 | (2) The initial fee and reconciliation payment from | ||||||
18 | electronic gaming positions. | ||||||
19 | (3) Amounts received pursuant to competitive bidding | ||||||
20 | under Section 7.5 excluding the dormant license as defined | ||||||
21 | in subsection (a-3) of Section 13. | ||||||
22 | (4) The casino license fee excluding the dormant | ||||||
23 | license as defined in subsection (a-3) of Section 13. | ||||||
24 | (5) Amounts received pursuant to subsection (e) of | ||||||
25 | Section 1-45 of the Chicago Casino Development Authority |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (b) Moneys in the Illinois Works Fund shall, subject to | ||||||
3 | appropriation, be used for the making of grants and | ||||||
4 | expenditures for the Illinois Works Capital Program. | ||||||
5 | (c) Thirty percent of the moneys deposited into the | ||||||
6 | Illinois Works Fund shall be transferred into the Focusing on | ||||||
7 | Children, Uplifting Schools (FOCUS) Fund. | ||||||
8 | (d) Designees of the President and the Minority Leader of | ||||||
9 | the Senate, the Speaker and Minority Leader of the House, and | ||||||
10 | the Director of the Governor's Office of Management and Budget | ||||||
11 | shall meet periodically and frequently at the request of any | ||||||
12 | one party named to review the status of each capital project | ||||||
13 | appropriated under the Illinois Works program. | ||||||
14 | (e) On the last day of each quarterly period in each fiscal | ||||||
15 | year, the Governor's Office of Management and Budget shall | ||||||
16 | provide to the President and the Minority Leader of the Senate | ||||||
17 | and the Speaker and the Minority Leader of the House of | ||||||
18 | Representatives a report on the status of new capital projects | ||||||
19 | first appropriated under the Illinois Works program. The report | ||||||
20 | must be provided in electronic format and may be provided in | ||||||
21 | written format upon request. The report must include all of the | ||||||
22 | following: | ||||||
23 | (1) Projected revenues for the fiscal year and actual | ||||||
24 | revenues year-to-date into the Illinois Works Fund that | ||||||
25 | will support pay-as-you-go or debt service on Illinois | ||||||
26 | Works capital projects. |
| |||||||
| |||||||
1 | (2) For each Illinois Works capital project | ||||||
2 | appropriated in that fiscal year: | ||||||
3 | (A) a brief description or stated purpose; | ||||||
4 | (B) the estimated total State expenditures, the | ||||||
5 | amount spent year-to-date, and the proposed schedule | ||||||
6 | of expenditures; | ||||||
7 | (C) a projected timeline for completion of each | ||||||
8 | state-managed project (excluding grants) and any | ||||||
9 | delays that could lead to substantial variances from | ||||||
10 | this timeline must be explained; | ||||||
11 | (D) indication of whether the project is supported | ||||||
12 | from pay-as-you-go sources or is bond supported; | ||||||
13 | (E) if a project is supported by bond revenue, the | ||||||
14 | bond authorization category; and | ||||||
15 | (F) the date the written release of the Governor | ||||||
16 | was submitted to the Comptroller or is anticipated to | ||||||
17 | be submitted; if a release for any project has not been | ||||||
18 | submitted to the Comptroller within 6 months of the | ||||||
19 | appropriation becoming law, an explanation of why the | ||||||
20 | project has not yet been released, including whether | ||||||
21 | bond authorization or projected revenues were | ||||||
22 | insufficient to support the release of the project. | ||||||
23 | (f) The Governor shall make good faith efforts to release | ||||||
24 | each appropriated Illinois Works project as quickly as is | ||||||
25 | practicable, based on availability of revenues and sufficient | ||||||
26 | bond authorization for the length and scope of the project. |
| |||||||
| |||||||
1 | (230 ILCS 10/22.6 new)
| ||||||
2 | Sec. 22.6. Illinois Works Debt Service Fund. | ||||||
3 | (a) There is created the Illinois Works Debt Service Fund, | ||||||
4 | a special fund in the State Treasury. The Board shall deposit | ||||||
5 | all amounts received from Sections (d) and (e) of Section 13 | ||||||
6 | into the Illinois Works Debt Service Fund. | ||||||
7 | (b) Subject to the transfer provisions set forth in this | ||||||
8 | subsection (b), money in the Illinois Works Debt Service Fund | ||||||
9 | shall, if and when the State of Illinois incurs any bonded | ||||||
10 | indebtedness under the Illinois Works capital program, as | ||||||
11 | certified by the Director of the Governor's Office of | ||||||
12 | Management and Budget to the State Comptroller and State | ||||||
13 | Treasurer, be set aside and used for the purpose of paying and | ||||||
14 | discharging annually the principal and interest on that bonded | ||||||
15 | indebtedness then due and payable.
In addition to other | ||||||
16 | transfers to the General Obligation Bond Retirement and | ||||||
17 | Interest Fund made pursuant to Section 15 of the General | ||||||
18 | Obligation Bond Act, upon each delivery of bonds issued for the | ||||||
19 | Illinois Works capital program, as certified by the Director of | ||||||
20 | the Governor's Office of Management and Budget, the State | ||||||
21 | Comptroller shall compute and certify to the State Treasurer | ||||||
22 | the total amount of principal of, interest on, and premium, if | ||||||
23 | any, on such bonds during the then current and each succeeding | ||||||
24 | fiscal year. With respect to the interest payable on variable | ||||||
25 | rate bonds, such certification shall be calculated at the |
| |||||||
| |||||||
1 | maximum rate of interest that may be payable during the fiscal | ||||||
2 | year, after taking into account any credits permitted in the | ||||||
3 | related indenture or other instrument against the amount of | ||||||
4 | such interest required to be appropriated for that period.
On | ||||||
5 | or before the last day of each month, the State Treasurer and | ||||||
6 | State Comptroller shall transfer from the Illinois Works Debt | ||||||
7 | Service Fund into the General Obligation Bond Retirement and | ||||||
8 | Interest Fund an amount sufficient to pay the aggregate of the | ||||||
9 | principal of, interest on, and premium, if any, on the bonds | ||||||
10 | payable on their next payment date, divided by the number of | ||||||
11 | monthly transfer occurring between the last previous payment | ||||||
12 | date (or the delivery date if no payment date has yet occurred) | ||||||
13 | and the next succeeding payment date. Interest payable on | ||||||
14 | variable rate bonds shall be calculated at the maximum rate of | ||||||
15 | interest that may be payable for the relevant period, after | ||||||
16 | taking into account any credits permitted in the related | ||||||
17 | indenture or other instrument against the amount of such | ||||||
18 | interest required to be appropriated for that period. Interest | ||||||
19 | for which moneys have already been deposited into the | ||||||
20 | capitalized interest account within the General Obligation | ||||||
21 | Bond Retirement and Interest Fund shall not be included in the | ||||||
22 | calculation of the amounts to be transferred under this | ||||||
23 | subsection. | ||||||
24 | (c) Thirty percent of the moneys deposited into the | ||||||
25 | Illinois Works Debt Service Fund pursuant to subsection (a) of | ||||||
26 | this Section shall be transferred into the Focusing on |
| |||||||
| |||||||
1 | Children, Uplifting Schools (FOCUS) Fund. | ||||||
2 | (d) Designees of the President and the Minority Leader of | ||||||
3 | the Senate, the Speaker and Minority Leader of the House, and | ||||||
4 | the Director of the Governor's Office of Management and Budget | ||||||
5 | shall meet periodically and frequently at the request of any | ||||||
6 | one party named to review the status of each capital project | ||||||
7 | appropriated under the Illinois Works program. | ||||||
8 | (e) On the last day of each quarterly period in each fiscal | ||||||
9 | year, the Governor's Office of Management and Budget shall | ||||||
10 | provide to the President and the Minority Leader of the Senate | ||||||
11 | and the Speaker and the Minority Leader of the House of | ||||||
12 | Representatives a report on the status of new capital projects | ||||||
13 | first appropriated under the Illinois Works program. The report | ||||||
14 | must be provided in electronic format and may be provided in | ||||||
15 | written format upon request. The report must include all of the | ||||||
16 | following: | ||||||
17 | (1) Projected revenues for the fiscal year and actual | ||||||
18 | revenues year-to-date into the Illinois Works Debt Service | ||||||
19 | Fund that will support pay-as-you-go or debt service on | ||||||
20 | Illinois Works capital projects. | ||||||
21 | (2) For each Illinois Works capital project | ||||||
22 | appropriated in that fiscal year: | ||||||
23 | (A) a brief description or stated purpose; | ||||||
24 | (B) the estimated total State expenditures, the | ||||||
25 | amount spent year-to-date, and the proposed schedule | ||||||
26 | of expenditures; |
| |||||||
| |||||||
1 | (C) a projected timeline for completion of each | ||||||
2 | state-managed project (excluding grants) and any | ||||||
3 | delays that could lead to substantial variances from | ||||||
4 | this timeline must be explained; | ||||||
5 | (D) indication of whether the project is supported | ||||||
6 | from pay-as-you-go sources or is bond supported; | ||||||
7 | (E) if a project is supported by bond revenue, the | ||||||
8 | bond authorization category; and | ||||||
9 | (F) the date the written release of the Governor | ||||||
10 | was submitted to the Comptroller or is anticipated to | ||||||
11 | be submitted; if a release for any project has not been | ||||||
12 | submitted to the Comptroller within 6 months of the | ||||||
13 | appropriation becoming law, an explanation of why the | ||||||
14 | project has not yet been released, including whether | ||||||
15 | bond authorization or projected revenues were | ||||||
16 | insufficient to support the release of the project. | ||||||
17 | (f) The Governor shall make good faith efforts to release | ||||||
18 | each appropriated Illinois Works project as quickly as is | ||||||
19 | practicable, based on availability of revenues and sufficient | ||||||
20 | bond authorization for the length and scope of the project. | ||||||
21 | (g) On July 1, 2009 and each July 1 thereafter, or as soon | ||||||
22 | thereafter as practical, the Director of the Office of | ||||||
23 | Management and Budget shall certify to the State Comptroller | ||||||
24 | and the State Treasurer the amount, if any, of the $100,000,000 | ||||||
25 | paid into the Fund during the prior State fiscal year under the | ||||||
26 | Retailers' Occupation Tax Act from tax on the sale of motor |
| |||||||
| |||||||
1 | fuel that exceeded the amount needed during that State fiscal | ||||||
2 | year to meet debt service requirements on the outstanding bonds | ||||||
3 | and notes issued in association with the Illinois Works Capital | ||||||
4 | Program. Immediately upon receipt of the certification, the | ||||||
5 | Comptroller shall order transferred and the Treasurer shall | ||||||
6 | transfer the amount certified from the Illinois Works Debt | ||||||
7 | Service Fund to the General Revenue Fund.
| ||||||
8 | (230 ILCS 10/7.1 rep.)
| ||||||
9 | Section 90-45. The Riverboat Gambling Act is amended by | ||||||
10 | repealing Section 7.1. | ||||||
11 | Section 90-50. The Liquor Control Act of 1934 is amended by | ||||||
12 | changing Sections 5-1 and 6-30 as follows:
| ||||||
13 | (235 ILCS 5/5-1) (from Ch. 43, par. 115)
| ||||||
14 | (Text of Section before amendment by P.A. 95-634 )
| ||||||
15 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
16 | Commission
shall be of the following classes:
| ||||||
17 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
18 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| ||||||
19 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
20 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
21 | 8.
Limited Wine Manufacturer,
| ||||||
22 | (b) Distributor's license,
| ||||||
23 | (c) Importing Distributor's license,
|
| |||||||
| |||||||
1 | (d) Retailer's license,
| ||||||
2 | (e) Special Event Retailer's license (not-for-profit),
| ||||||
3 | (f) Railroad license,
| ||||||
4 | (g) Boat license,
| ||||||
5 | (h) Non-Beverage User's license,
| ||||||
6 | (i) Wine-maker's premises license,
| ||||||
7 | (j) Airplane license,
| ||||||
8 | (k) Foreign importer's license,
| ||||||
9 | (l) Broker's license,
| ||||||
10 | (m) Non-resident dealer's
license,
| ||||||
11 | (n) Brew Pub license,
| ||||||
12 | (o) Auction liquor license,
| ||||||
13 | (p) Caterer retailer license,
| ||||||
14 | (q) Special use permit license.
| ||||||
15 | No
person, firm, partnership, corporation, or other legal | ||||||
16 | business entity that is
engaged in the manufacturing of wine | ||||||
17 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
18 | wine manufacturer's license.
| ||||||
19 | (a) A manufacturer's license shall allow the manufacture,
| ||||||
20 | importation in bulk, storage, distribution and sale of | ||||||
21 | alcoholic liquor
to persons without the State, as may be | ||||||
22 | permitted by law and to licensees
in this State as follows:
| ||||||
23 | Class 1. A Distiller may make sales and deliveries of | ||||||
24 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
25 | distributors, distributors and
non-beverage users and to no | ||||||
26 | other licensees.
|
| |||||||
| |||||||
1 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
2 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
3 | rectifiers, importing distributors,
distributors, retailers | ||||||
4 | and non-beverage users and to no other licensees.
| ||||||
5 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
6 | importing
distributors, distributors, and to non-licensees, | ||||||
7 | and to
retailers provided the brewer obtains an importing | ||||||
8 | distributor's license or
distributor's license in accordance | ||||||
9 | with the provisions of this Act.
| ||||||
10 | Class 4. A first class wine-manufacturer may make sales and | ||||||
11 | deliveries of
up to 50,000 gallons of wine to manufacturers,
| ||||||
12 | importing
distributors and distributors, and to no other | ||||||
13 | licensees.
| ||||||
14 | Class 5. A second class Wine manufacturer may make sales | ||||||
15 | and deliveries
of more than 50,000 gallons of wine to | ||||||
16 | manufacturers, importing distributors
and distributors and to | ||||||
17 | no other licensees.
| ||||||
18 | Class 6. A first-class wine-maker's license shall allow the | ||||||
19 | manufacture
of up to 50,000 gallons of wine per year, and the
| ||||||
20 | storage
and sale of such
wine to distributors in the State and | ||||||
21 | to persons without the
State, as may be permitted by law. A | ||||||
22 | first-class wine-maker's license shall
allow the sale of no | ||||||
23 | more than 5,000
gallons of the licensee's wine to retailers. | ||||||
24 | The State Commission shall issue
only one first-class | ||||||
25 | wine-maker's license to any person, firm, partnership,
| ||||||
26 | corporation, or other legal business entity that is engaged in |
| |||||||
| |||||||
1 | the making of
less than 50,000 gallons of wine annually that | ||||||
2 | applies for a first-class
wine-maker's license. No subsidiary | ||||||
3 | or affiliate thereof, nor any officer,
associate, member, | ||||||
4 | partner, representative, employee, agent, or shareholder may
| ||||||
5 | be issued an additional wine-maker's license by the State | ||||||
6 | Commission.
| ||||||
7 | Class 7. A second-class wine-maker's license shall allow | ||||||
8 | the manufacture
of between 50,000 and 100,000 gallons of wine | ||||||
9 | per year, and
the
storage and sale of such wine
to distributors | ||||||
10 | in this State and to persons without the State, as may be
| ||||||
11 | permitted by law. A second-class wine-maker's license shall | ||||||
12 | allow the sale
of
no more than 10,000 gallons of the licensee's | ||||||
13 | wine directly to retailers.
The State Commission shall issue | ||||||
14 | only one second-class wine-maker's license
to any person, firm, | ||||||
15 | partnership, corporation, or other legal business entity
that | ||||||
16 | is engaged in the making of less than 100,000 gallons of wine | ||||||
17 | annually
that applies for a second-class wine-maker's license. | ||||||
18 | No subsidiary or
affiliate thereof, or any officer, associate, | ||||||
19 | member, partner, representative,
employee, agent, or | ||||||
20 | shareholder may be issued an additional wine-maker's
license by | ||||||
21 | the State Commission.
| ||||||
22 | Class 8. A limited wine-manufacturer may make sales and | ||||||
23 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
24 | distributors, and to
non-licensees in accordance with the | ||||||
25 | provisions of this Act.
| ||||||
26 | (a-1) A manufacturer which is licensed in this State to |
| |||||||
| |||||||
1 | make sales or
deliveries of alcoholic liquor and which enlists | ||||||
2 | agents, representatives, or
individuals acting on its behalf | ||||||
3 | who contact licensed retailers on a regular
and continual basis | ||||||
4 | in this State must register those agents, representatives,
or | ||||||
5 | persons acting on its behalf with the State Commission.
| ||||||
6 | Registration of agents, representatives, or persons acting | ||||||
7 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
8 | to the Commission. The form
shall be developed by the | ||||||
9 | Commission and shall include the name and address of
the | ||||||
10 | applicant, the name and address of the manufacturer he or she | ||||||
11 | represents,
the territory or areas assigned to sell to or | ||||||
12 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
13 | questions deemed appropriate and necessary.
All statements in | ||||||
14 | the forms required to be made by law or by rule shall be
deemed | ||||||
15 | material, and any person who knowingly misstates any material | ||||||
16 | fact under
oath in an application is guilty of a Class B | ||||||
17 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
18 | misleading statements, evasions, or
suppression of material | ||||||
19 | facts in the securing of a registration are grounds for
| ||||||
20 | suspension or revocation of the registration.
| ||||||
21 | (b) A distributor's license shall allow the wholesale | ||||||
22 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
23 | liquors to licensees
in this State and to persons without the | ||||||
24 | State, as may be permitted by law.
| ||||||
25 | (c) An importing distributor's license may be issued to and | ||||||
26 | held by
those only who are duly licensed distributors, upon the |
| |||||||
| |||||||
1 | filing of an
application by a duly licensed distributor, with | ||||||
2 | the Commission and
the Commission shall, without the
payment of | ||||||
3 | any fee, immediately issue such importing distributor's
| ||||||
4 | license to the applicant, which shall allow the importation of | ||||||
5 | alcoholic
liquor by the licensee into this State from any point | ||||||
6 | in the United
States outside this State, and the purchase of | ||||||
7 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
8 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
9 | but all bottles or containers
so filled shall be sealed, | ||||||
10 | labeled, stamped and otherwise made to comply
with all | ||||||
11 | provisions, rules and regulations governing manufacturers in
| ||||||
12 | the preparation and bottling of alcoholic liquors. The | ||||||
13 | importing
distributor's license shall permit such licensee to | ||||||
14 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
15 | dealers and foreign importers only.
| ||||||
16 | (d) A retailer's license shall allow the licensee to sell | ||||||
17 | and offer
for sale at retail, only in the premises specified in | ||||||
18 | the license,
alcoholic liquor for use or consumption, but not | ||||||
19 | for resale in any form:
Provided that any retail license issued | ||||||
20 | to a manufacturer shall only
permit the manufacturer to sell | ||||||
21 | beer at retail on the premises actually
occupied by the | ||||||
22 | manufacturer. For the purpose of further describing the type of | ||||||
23 | business conducted at a retail licensed premises, a retailer's | ||||||
24 | licensee may be designated by the State Commission as (i) an on | ||||||
25 | premise consumption retailer, (ii) an off premise sale | ||||||
26 | retailer, or (iii) a combined on premise consumption and off |
| |||||||
| |||||||
1 | premise sale retailer.
| ||||||
2 | Notwithstanding any other provision of this subsection | ||||||
3 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
4 | event retailer licensee for
resale to the extent permitted | ||||||
5 | under subsection (e).
| ||||||
6 | (e) A special event retailer's license (not-for-profit) | ||||||
7 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
8 | Illinois licensed distributor
(unless the licensee purchases | ||||||
9 | less than $500 of alcoholic liquors for the
special event, in | ||||||
10 | which case the licensee may purchase the alcoholic liquors
from | ||||||
11 | a licensed retailer) and shall allow the licensee to sell and | ||||||
12 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
13 | consumption, but not for resale
in any form and only at the | ||||||
14 | location and on the specific dates designated for
the special | ||||||
15 | event in the license. An applicant for a special event retailer
| ||||||
16 | license must
(i) furnish with the application: (A) a resale | ||||||
17 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
18 | Act or evidence that the applicant is
registered under Section | ||||||
19 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
20 | exemption identification
number issued under Section 1g of the | ||||||
21 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
22 | Commission that the purchase of alcoholic liquors will be
a | ||||||
23 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
24 | not registered
under Section 2a of the Retailers' Occupation | ||||||
25 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
26 | Retailers' Occupation Tax Act, and does not
hold an exemption |
| |||||||
| |||||||
1 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
2 | in which event the Commission shall set forth on the special | ||||||
3 | event
retailer's license a statement to that effect; (ii) | ||||||
4 | submit with the application proof satisfactory to
the State | ||||||
5 | Commission that the applicant will provide dram shop liability
| ||||||
6 | insurance in the maximum limits; and (iii) show proof | ||||||
7 | satisfactory to the
State Commission that the applicant has | ||||||
8 | obtained local authority
approval.
| ||||||
9 | (f) A railroad license shall permit the licensee to import | ||||||
10 | alcoholic
liquors into this State from any point in the United | ||||||
11 | States outside this
State and to store such alcoholic liquors | ||||||
12 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
13 | directly from manufacturers, foreign
importers, distributors | ||||||
14 | and importing distributors from within or outside
this State; | ||||||
15 | and to store such alcoholic liquors in this State; provided
| ||||||
16 | that the above powers may be exercised only in connection with | ||||||
17 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
18 | sold or
dispensed on a club, buffet, lounge or dining car | ||||||
19 | operated on an electric,
gas or steam railway in this State; | ||||||
20 | and provided further, that railroad
licensees exercising the | ||||||
21 | above powers shall be subject to all provisions of
Article VIII | ||||||
22 | of this Act as applied to importing distributors. A railroad
| ||||||
23 | license shall also permit the licensee to sell or dispense | ||||||
24 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
25 | operated on an electric,
gas or steam railway regularly | ||||||
26 | operated by a common carrier in this State,
but shall not |
| |||||||
| |||||||
1 | permit the sale for resale of any alcoholic liquors to any
| ||||||
2 | licensee within this State. A license shall be obtained for | ||||||
3 | each car in which
such sales are made.
| ||||||
4 | (g) A boat license shall allow the sale of alcoholic liquor | ||||||
5 | in
individual drinks, on any passenger boat regularly operated | ||||||
6 | as a common
carrier on navigable waters in this State or on any | ||||||
7 | riverboat operated
under
the Illinois Riverboat Gambling Act, | ||||||
8 | which boat or riverboat maintains a public
dining room or | ||||||
9 | restaurant thereon.
| ||||||
10 | (h) A non-beverage user's license shall allow the licensee | ||||||
11 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
12 | importing
distributor, without the imposition of any tax upon | ||||||
13 | the business of such
licensed manufacturer or importing | ||||||
14 | distributor as to such alcoholic
liquor to be used by such | ||||||
15 | licensee solely for the non-beverage purposes
set forth in | ||||||
16 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
17 | shall be divided and classified and shall permit the
purchase, | ||||||
18 | possession and use of limited and stated quantities of
| ||||||
19 | alcoholic liquor as follows:
| ||||||
20 | Class 1, not to exceed ......................... 500 gallons
| ||||||
21 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
22 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
23 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
24 | Class 5, not to exceed ....................... 50,000 gallons
| ||||||
25 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
26 | that concurrently holds a first-class wine-maker's license to |
| |||||||
| |||||||
1 | sell
and offer for sale at retail in the premises specified in | ||||||
2 | such license
not more than 50,000 gallons of the first-class | ||||||
3 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
4 | licensed premises per year for use or
consumption, but not for | ||||||
5 | resale in any form. A wine-maker's premises
license shall allow | ||||||
6 | a licensee who concurrently holds a second-class
wine-maker's | ||||||
7 | license to sell and offer for sale at retail in the premises
| ||||||
8 | specified in such license up to 100,000 gallons of the
| ||||||
9 | second-class wine-maker's wine that is made at the second-class | ||||||
10 | wine-maker's
licensed premises per year
for use or consumption | ||||||
11 | but not for resale in any form. A wine-maker's premises license | ||||||
12 | shall allow a
licensee that concurrently holds a first-class | ||||||
13 | wine-maker's license or a second-class
wine-maker's license to | ||||||
14 | sell
and offer for sale at retail at the premises specified in | ||||||
15 | the wine-maker's premises license, for use or consumption but | ||||||
16 | not for resale in any form, any beer, wine, and spirits | ||||||
17 | purchased from a licensed distributor. Upon approval from the
| ||||||
18 | State Commission, a wine-maker's premises license
shall allow | ||||||
19 | the licensee to sell and offer for sale at (i) the wine-maker's
| ||||||
20 | licensed premises and (ii) at up to 2 additional locations for | ||||||
21 | use and
consumption and not for resale. Each location shall | ||||||
22 | require additional
licensing per location as specified in | ||||||
23 | Section 5-3 of this Act.
| ||||||
24 | (j) An airplane license shall permit the licensee to import
| ||||||
25 | alcoholic liquors into this State from any point in the United | ||||||
26 | States
outside this State and to store such alcoholic liquors |
| |||||||
| |||||||
1 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
2 | directly from
manufacturers, foreign importers, distributors | ||||||
3 | and importing
distributors from within or outside this State; | ||||||
4 | and to store such
alcoholic liquors in this State; provided | ||||||
5 | that the above powers may be
exercised only in connection with | ||||||
6 | the importation, purchase or storage
of alcoholic liquors to be | ||||||
7 | sold or dispensed on an airplane; and
provided further, that | ||||||
8 | airplane licensees exercising the above powers
shall be subject | ||||||
9 | to all provisions of Article VIII of this Act as
applied to | ||||||
10 | importing distributors. An airplane licensee shall also
permit | ||||||
11 | the sale or dispensing of alcoholic liquors on any passenger
| ||||||
12 | airplane regularly operated by a common carrier in this State, | ||||||
13 | but shall
not permit the sale for resale of any alcoholic | ||||||
14 | liquors to any licensee
within this State. A single airplane | ||||||
15 | license shall be required of an
airline company if liquor | ||||||
16 | service is provided on board aircraft in this
State. The annual | ||||||
17 | fee for such license shall be as determined in
Section 5-3.
| ||||||
18 | (k) A foreign importer's license shall permit such licensee | ||||||
19 | to purchase
alcoholic liquor from Illinois licensed | ||||||
20 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
21 | than in bulk from any point outside the
United States and to | ||||||
22 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
23 | distributors and to no one else in Illinois;
provided that the | ||||||
24 | foreign importer registers with the State Commission
every
| ||||||
25 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
26 | licensees during the
license period and
provided further that |
| |||||||
| |||||||
1 | the foreign importer complies with all of the provisions
of | ||||||
2 | Section
6-9 of this Act with respect to registration of such | ||||||
3 | Illinois licensees as may
be granted the
right to sell such | ||||||
4 | brands at wholesale.
| ||||||
5 | (l) (i) A broker's license shall be required of all persons
| ||||||
6 | who solicit
orders for, offer to sell or offer to supply | ||||||
7 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
8 | offer to retailers to ship or
cause to be shipped or to make | ||||||
9 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
10 | or any other party within or without the State
of Illinois in | ||||||
11 | order that alcoholic liquors be shipped to a distributor,
| ||||||
12 | importing distributor or foreign importer, whether such | ||||||
13 | solicitation or
offer is consummated within or without the | ||||||
14 | State of Illinois.
| ||||||
15 | No holder of a retailer's license issued by the Illinois | ||||||
16 | Liquor
Control Commission shall purchase or receive any | ||||||
17 | alcoholic liquor, the
order for which was solicited or offered | ||||||
18 | for sale to such retailer by a
broker unless the broker is the | ||||||
19 | holder of a valid broker's license.
| ||||||
20 | The broker shall, upon the acceptance by a retailer of the | ||||||
21 | broker's
solicitation of an order or offer to sell or supply or | ||||||
22 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
23 | to the Illinois Liquor
Control Commission a notification of | ||||||
24 | said transaction in such form as
the Commission may by | ||||||
25 | regulations prescribe.
| ||||||
26 | (ii) A broker's license shall be required of
a person |
| |||||||
| |||||||
1 | within this State, other than a retail licensee,
who, for a fee | ||||||
2 | or commission, promotes, solicits, or accepts orders for
| ||||||
3 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
4 | be shipped from this State and delivered to residents outside | ||||||
5 | of
this State by an express company, common carrier, or | ||||||
6 | contract carrier.
This Section does not apply to any person who | ||||||
7 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
8 | authorized in Section 6-29 of this Act.
| ||||||
9 | A broker's license under this subsection (1) shall not | ||||||
10 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
11 | own account or to take or deliver title to
such alcoholic | ||||||
12 | liquors.
| ||||||
13 | This subsection (1) shall not apply to distributors, | ||||||
14 | employees of
distributors, or employees of a manufacturer who | ||||||
15 | has registered the
trademark, brand or name of the alcoholic | ||||||
16 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
17 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
18 | its registrants thereunder.
| ||||||
19 | Any agent, representative, or person subject to | ||||||
20 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
21 | not be eligible to receive a broker's
license.
| ||||||
22 | (m) A non-resident dealer's license shall permit such | ||||||
23 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
24 | State from any point
outside of this State, and to sell such | ||||||
25 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
26 | importing distributors and to no one else in this State;
|
| |||||||
| |||||||
1 | provided that said non-resident dealer shall register with the | ||||||
2 | Illinois Liquor
Control Commission each and every brand of | ||||||
3 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
4 | licensees during the license period; and further provided
that | ||||||
5 | it shall comply with all of the provisions of Section 6-9 | ||||||
6 | hereof with
respect to registration of such Illinois licensees | ||||||
7 | as may be granted the right
to sell such brands at wholesale.
| ||||||
8 | (n) A brew pub license shall allow the licensee to | ||||||
9 | manufacture beer only
on the premises specified in the license, | ||||||
10 | to make sales of the
beer manufactured on the premises to | ||||||
11 | importing distributors, distributors,
and to non-licensees for | ||||||
12 | use and consumption, to store the beer upon
the premises, and | ||||||
13 | to sell and offer for sale at retail from the licensed
| ||||||
14 | premises, provided that a brew pub licensee shall not sell for | ||||||
15 | off-premises
consumption more than 50,000 gallons per year.
| ||||||
16 | (o) A caterer retailer license shall allow the holder
to | ||||||
17 | serve alcoholic liquors as an incidental part of a food service | ||||||
18 | that serves
prepared meals which excludes the serving of snacks | ||||||
19 | as
the primary meal, either on or off-site whether licensed or | ||||||
20 | unlicensed.
| ||||||
21 | (p) An auction liquor license shall allow the licensee to | ||||||
22 | sell and offer
for sale at auction wine and spirits for use or | ||||||
23 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
24 | accordance with provisions of this Act. An
auction liquor | ||||||
25 | license will be issued to a person and it will permit the
| ||||||
26 | auction liquor licensee to hold the auction anywhere in the |
| |||||||
| |||||||
1 | State. An auction
liquor license must be obtained for each | ||||||
2 | auction at least 14 days in advance of
the auction date.
| ||||||
3 | (q) A special use permit license shall allow an Illinois | ||||||
4 | licensed
retailer to transfer a portion of its alcoholic liquor | ||||||
5 | inventory from its
retail licensed premises to the premises | ||||||
6 | specified in the license hereby
created, and to sell or offer | ||||||
7 | for sale at retail, only in the premises
specified in the | ||||||
8 | license hereby created, the transferred alcoholic liquor for
| ||||||
9 | use or consumption, but not for resale in any form. A special | ||||||
10 | use permit
license may be granted for the following time | ||||||
11 | periods: one day or less; 2 or
more days to a maximum of 15 days | ||||||
12 | per location in any 12 month period. An
applicant for the | ||||||
13 | special use permit license must also submit with the
| ||||||
14 | application proof satisfactory to the State Commission that the | ||||||
15 | applicant will
provide dram shop liability insurance to the | ||||||
16 | maximum limits and have local
authority approval.
| ||||||
17 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
18 | (Text of Section after amendment by P.A. 95-634 )
| ||||||
19 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
20 | Commission
shall be of the following classes:
| ||||||
21 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
22 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| ||||||
23 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
24 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
25 | 8.
Limited Wine Manufacturer,
|
| |||||||
| |||||||
1 | (b) Distributor's license,
| ||||||
2 | (c) Importing Distributor's license,
| ||||||
3 | (d) Retailer's license,
| ||||||
4 | (e) Special Event Retailer's license (not-for-profit),
| ||||||
5 | (f) Railroad license,
| ||||||
6 | (g) Boat license,
| ||||||
7 | (h) Non-Beverage User's license,
| ||||||
8 | (i) Wine-maker's premises license,
| ||||||
9 | (j) Airplane license,
| ||||||
10 | (k) Foreign importer's license,
| ||||||
11 | (l) Broker's license,
| ||||||
12 | (m) Non-resident dealer's
license,
| ||||||
13 | (n) Brew Pub license,
| ||||||
14 | (o) Auction liquor license,
| ||||||
15 | (p) Caterer retailer license,
| ||||||
16 | (q) Special use permit license,
| ||||||
17 | (r) Winery shipper's license.
| ||||||
18 | No
person, firm, partnership, corporation, or other legal | ||||||
19 | business entity that is
engaged in the manufacturing of wine | ||||||
20 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
21 | wine manufacturer's license.
| ||||||
22 | (a) A manufacturer's license shall allow the manufacture,
| ||||||
23 | importation in bulk, storage, distribution and sale of | ||||||
24 | alcoholic liquor
to persons without the State, as may be | ||||||
25 | permitted by law and to licensees
in this State as follows:
| ||||||
26 | Class 1. A Distiller may make sales and deliveries of |
| |||||||
| |||||||
1 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
2 | distributors, distributors and
non-beverage users and to no | ||||||
3 | other licensees.
| ||||||
4 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
5 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
6 | rectifiers, importing distributors,
distributors, retailers | ||||||
7 | and non-beverage users and to no other licensees.
| ||||||
8 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
9 | importing
distributors, distributors, and to non-licensees, | ||||||
10 | and to
retailers provided the brewer obtains an importing | ||||||
11 | distributor's license or
distributor's license in accordance | ||||||
12 | with the provisions of this Act.
| ||||||
13 | Class 4. A first class wine-manufacturer may make sales and | ||||||
14 | deliveries of
up to 50,000 gallons of wine to manufacturers,
| ||||||
15 | importing
distributors and distributors, and to no other | ||||||
16 | licensees.
| ||||||
17 | Class 5. A second class Wine manufacturer may make sales | ||||||
18 | and deliveries
of more than 50,000 gallons of wine to | ||||||
19 | manufacturers, importing distributors
and distributors and to | ||||||
20 | no other licensees.
| ||||||
21 | Class 6. A first-class wine-maker's license shall allow the | ||||||
22 | manufacture
of up to 50,000 gallons of wine per year, and the
| ||||||
23 | storage
and sale of such
wine to distributors in the State and | ||||||
24 | to persons without the
State, as may be permitted by law. A | ||||||
25 | person who, prior to the effective date of this amendatory Act | ||||||
26 | of the 95th General Assembly, is a holder of a first-class |
| |||||||
| |||||||
1 | wine-maker's license and annually produces more than 25,000 | ||||||
2 | gallons of its own wine and who distributes its wine to | ||||||
3 | licensed retailers shall cease this practice on or before July | ||||||
4 | 1, 2008 in compliance with this amendatory Act of the 95th | ||||||
5 | General Assembly.
| ||||||
6 | Class 7. A second-class wine-maker's license shall allow | ||||||
7 | the manufacture
of between 50,000 and 150,000 gallons of wine | ||||||
8 | per year, and
the
storage and sale of such wine
to distributors | ||||||
9 | in this State and to persons without the State, as may be
| ||||||
10 | permitted by law. A person who, prior to the effective date of | ||||||
11 | this amendatory Act of the 95th General Assembly, is a holder | ||||||
12 | of a second-class wine-maker's license and annually produces | ||||||
13 | more than 25,000 gallons of its own wine and who distributes | ||||||
14 | its wine to licensed retailers shall cease this practice on or | ||||||
15 | before July 1, 2008 in compliance with this amendatory Act of | ||||||
16 | the 95th General Assembly.
| ||||||
17 | Class 8. A limited wine-manufacturer may make sales and | ||||||
18 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
19 | distributors, and to
non-licensees in accordance with the | ||||||
20 | provisions of this Act.
| ||||||
21 | (a-1) A manufacturer which is licensed in this State to | ||||||
22 | make sales or
deliveries of alcoholic liquor and which enlists | ||||||
23 | agents, representatives, or
individuals acting on its behalf | ||||||
24 | who contact licensed retailers on a regular
and continual basis | ||||||
25 | in this State must register those agents, representatives,
or | ||||||
26 | persons acting on its behalf with the State Commission.
|
| |||||||
| |||||||
1 | Registration of agents, representatives, or persons acting | ||||||
2 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
3 | to the Commission. The form
shall be developed by the | ||||||
4 | Commission and shall include the name and address of
the | ||||||
5 | applicant, the name and address of the manufacturer he or she | ||||||
6 | represents,
the territory or areas assigned to sell to or | ||||||
7 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
8 | questions deemed appropriate and necessary.
All statements in | ||||||
9 | the forms required to be made by law or by rule shall be
deemed | ||||||
10 | material, and any person who knowingly misstates any material | ||||||
11 | fact under
oath in an application is guilty of a Class B | ||||||
12 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
13 | misleading statements, evasions, or
suppression of material | ||||||
14 | facts in the securing of a registration are grounds for
| ||||||
15 | suspension or revocation of the registration.
| ||||||
16 | (b) A distributor's license shall allow the wholesale | ||||||
17 | purchase and storage
of alcoholic liquors and sale of alcoholic | ||||||
18 | liquors to licensees
in this State and to persons without the | ||||||
19 | State, as may be permitted by law.
| ||||||
20 | (c) An importing distributor's license may be issued to and | ||||||
21 | held by
those only who are duly licensed distributors, upon the | ||||||
22 | filing of an
application by a duly licensed distributor, with | ||||||
23 | the Commission and
the Commission shall, without the
payment of | ||||||
24 | any fee, immediately issue such importing distributor's
| ||||||
25 | license to the applicant, which shall allow the importation of | ||||||
26 | alcoholic
liquor by the licensee into this State from any point |
| |||||||
| |||||||
1 | in the United
States outside this State, and the purchase of | ||||||
2 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
3 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
4 | but all bottles or containers
so filled shall be sealed, | ||||||
5 | labeled, stamped and otherwise made to comply
with all | ||||||
6 | provisions, rules and regulations governing manufacturers in
| ||||||
7 | the preparation and bottling of alcoholic liquors. The | ||||||
8 | importing
distributor's license shall permit such licensee to | ||||||
9 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
10 | dealers and foreign importers only.
| ||||||
11 | (d) A retailer's license shall allow the licensee to sell | ||||||
12 | and offer
for sale at retail, only in the premises specified in | ||||||
13 | the license,
alcoholic liquor for use or consumption, but not | ||||||
14 | for resale in any form. Nothing in this amendatory Act of the | ||||||
15 | 95th General Assembly shall deny, limit, remove, or restrict | ||||||
16 | the ability of a holder of a retailer's license to transfer, | ||||||
17 | deliver, or ship alcoholic liquor to the purchaser for use or | ||||||
18 | consumption subject to any applicable local law or ordinance. | ||||||
19 | Any retail license issued to a manufacturer shall only
permit | ||||||
20 | the manufacturer to sell beer at retail on the premises | ||||||
21 | actually
occupied by the manufacturer. For the purpose of | ||||||
22 | further describing the type of business conducted at a retail | ||||||
23 | licensed premises, a retailer's licensee may be designated by | ||||||
24 | the State Commission as (i) an on premise consumption retailer, | ||||||
25 | (ii) an off premise sale retailer, or (iii) a combined on | ||||||
26 | premise consumption and off premise sale retailer.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision of this subsection | ||||||
2 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
3 | event retailer licensee for
resale to the extent permitted | ||||||
4 | under subsection (e).
| ||||||
5 | (e) A special event retailer's license (not-for-profit) | ||||||
6 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
7 | Illinois licensed distributor
(unless the licensee purchases | ||||||
8 | less than $500 of alcoholic liquors for the
special event, in | ||||||
9 | which case the licensee may purchase the alcoholic liquors
from | ||||||
10 | a licensed retailer) and shall allow the licensee to sell and | ||||||
11 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
12 | consumption, but not for resale
in any form and only at the | ||||||
13 | location and on the specific dates designated for
the special | ||||||
14 | event in the license. An applicant for a special event retailer
| ||||||
15 | license must
(i) furnish with the application: (A) a resale | ||||||
16 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
17 | Act or evidence that the applicant is
registered under Section | ||||||
18 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
19 | exemption identification
number issued under Section 1g of the | ||||||
20 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
21 | Commission that the purchase of alcoholic liquors will be
a | ||||||
22 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
23 | not registered
under Section 2a of the Retailers' Occupation | ||||||
24 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
25 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
26 | number under Section 1g of the Retailers' Occupation Tax
Act, |
| |||||||
| |||||||
1 | in which event the Commission shall set forth on the special | ||||||
2 | event
retailer's license a statement to that effect; (ii) | ||||||
3 | submit with the application proof satisfactory to
the State | ||||||
4 | Commission that the applicant will provide dram shop liability
| ||||||
5 | insurance in the maximum limits; and (iii) show proof | ||||||
6 | satisfactory to the
State Commission that the applicant has | ||||||
7 | obtained local authority
approval.
| ||||||
8 | (f) A railroad license shall permit the licensee to import | ||||||
9 | alcoholic
liquors into this State from any point in the United | ||||||
10 | States outside this
State and to store such alcoholic liquors | ||||||
11 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
12 | directly from manufacturers, foreign
importers, distributors | ||||||
13 | and importing distributors from within or outside
this State; | ||||||
14 | and to store such alcoholic liquors in this State; provided
| ||||||
15 | that the above powers may be exercised only in connection with | ||||||
16 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
17 | sold or
dispensed on a club, buffet, lounge or dining car | ||||||
18 | operated on an electric,
gas or steam railway in this State; | ||||||
19 | and provided further, that railroad
licensees exercising the | ||||||
20 | above powers shall be subject to all provisions of
Article VIII | ||||||
21 | of this Act as applied to importing distributors. A railroad
| ||||||
22 | license shall also permit the licensee to sell or dispense | ||||||
23 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
24 | operated on an electric,
gas or steam railway regularly | ||||||
25 | operated by a common carrier in this State,
but shall not | ||||||
26 | permit the sale for resale of any alcoholic liquors to any
|
| |||||||
| |||||||
1 | licensee within this State. A license shall be obtained for | ||||||
2 | each car in which
such sales are made.
| ||||||
3 | (g) A boat license shall allow the sale of alcoholic liquor | ||||||
4 | in
individual drinks, on any passenger boat regularly operated | ||||||
5 | as a common
carrier on navigable waters in this State or on any | ||||||
6 | riverboat operated
under
the Illinois Riverboat Gambling Act, | ||||||
7 | which boat or riverboat maintains a public
dining room or | ||||||
8 | restaurant thereon.
| ||||||
9 | (h) A non-beverage user's license shall allow the licensee | ||||||
10 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
11 | importing
distributor, without the imposition of any tax upon | ||||||
12 | the business of such
licensed manufacturer or importing | ||||||
13 | distributor as to such alcoholic
liquor to be used by such | ||||||
14 | licensee solely for the non-beverage purposes
set forth in | ||||||
15 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
16 | shall be divided and classified and shall permit the
purchase, | ||||||
17 | possession and use of limited and stated quantities of
| ||||||
18 | alcoholic liquor as follows:
| ||||||
19 | Class 1, not to exceed ......................... 500 gallons
| ||||||
20 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
21 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
22 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
23 | Class 5, not to exceed ....................... 50,000 gallons
| ||||||
24 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
25 | that concurrently holds a first-class wine-maker's license to | ||||||
26 | sell
and offer for sale at retail in the premises specified in |
| |||||||
| |||||||
1 | such license
not more than 50,000 gallons of the first-class | ||||||
2 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
3 | licensed premises per year for use or
consumption, but not for | ||||||
4 | resale in any form. A wine-maker's premises
license shall allow | ||||||
5 | a licensee who concurrently holds a second-class
wine-maker's | ||||||
6 | license to sell and offer for sale at retail in the premises
| ||||||
7 | specified in such license up to 100,000 gallons of the
| ||||||
8 | second-class wine-maker's wine that is made at the second-class | ||||||
9 | wine-maker's
licensed premises per year
for use or consumption | ||||||
10 | but not for resale in any form. A wine-maker's premises license | ||||||
11 | shall allow a
licensee that concurrently holds a first-class | ||||||
12 | wine-maker's license or a second-class
wine-maker's license to | ||||||
13 | sell
and offer for sale at retail at the premises specified in | ||||||
14 | the wine-maker's premises license, for use or consumption but | ||||||
15 | not for resale in any form, any beer, wine, and spirits | ||||||
16 | purchased from a licensed distributor. Upon approval from the
| ||||||
17 | State Commission, a wine-maker's premises license
shall allow | ||||||
18 | the licensee to sell and offer for sale at (i) the wine-maker's
| ||||||
19 | licensed premises and (ii) at up to 2 additional locations for | ||||||
20 | use and
consumption and not for resale. Each location shall | ||||||
21 | require additional
licensing per location as specified in | ||||||
22 | Section 5-3 of this Act. A wine-maker's premises licensee shall
| ||||||
23 | secure liquor liability insurance coverage in an amount at
| ||||||
24 | least equal to the maximum liability amounts set forth in
| ||||||
25 | subsection (a) of Section 6-21 of this Act.
| ||||||
26 | (j) An airplane license shall permit the licensee to import
|
| |||||||
| |||||||
1 | alcoholic liquors into this State from any point in the United | ||||||
2 | States
outside this State and to store such alcoholic liquors | ||||||
3 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
4 | directly from
manufacturers, foreign importers, distributors | ||||||
5 | and importing
distributors from within or outside this State; | ||||||
6 | and to store such
alcoholic liquors in this State; provided | ||||||
7 | that the above powers may be
exercised only in connection with | ||||||
8 | the importation, purchase or storage
of alcoholic liquors to be | ||||||
9 | sold or dispensed on an airplane; and
provided further, that | ||||||
10 | airplane licensees exercising the above powers
shall be subject | ||||||
11 | to all provisions of Article VIII of this Act as
applied to | ||||||
12 | importing distributors. An airplane licensee shall also
permit | ||||||
13 | the sale or dispensing of alcoholic liquors on any passenger
| ||||||
14 | airplane regularly operated by a common carrier in this State, | ||||||
15 | but shall
not permit the sale for resale of any alcoholic | ||||||
16 | liquors to any licensee
within this State. A single airplane | ||||||
17 | license shall be required of an
airline company if liquor | ||||||
18 | service is provided on board aircraft in this
State. The annual | ||||||
19 | fee for such license shall be as determined in
Section 5-3.
| ||||||
20 | (k) A foreign importer's license shall permit such licensee | ||||||
21 | to purchase
alcoholic liquor from Illinois licensed | ||||||
22 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
23 | than in bulk from any point outside the
United States and to | ||||||
24 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
25 | distributors and to no one else in Illinois;
provided that the | ||||||
26 | foreign importer registers with the State Commission
every
|
| |||||||
| |||||||
1 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
2 | licensees during the
license period and
provided further that | ||||||
3 | the foreign importer complies with all of the provisions
of | ||||||
4 | Section
6-9 of this Act with respect to registration of such | ||||||
5 | Illinois licensees as may
be granted the
right to sell such | ||||||
6 | brands at wholesale.
| ||||||
7 | (l) (i) A broker's license shall be required of all persons
| ||||||
8 | who solicit
orders for, offer to sell or offer to supply | ||||||
9 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
10 | offer to retailers to ship or
cause to be shipped or to make | ||||||
11 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
12 | or any other party within or without the State
of Illinois in | ||||||
13 | order that alcoholic liquors be shipped to a distributor,
| ||||||
14 | importing distributor or foreign importer, whether such | ||||||
15 | solicitation or
offer is consummated within or without the | ||||||
16 | State of Illinois.
| ||||||
17 | No holder of a retailer's license issued by the Illinois | ||||||
18 | Liquor
Control Commission shall purchase or receive any | ||||||
19 | alcoholic liquor, the
order for which was solicited or offered | ||||||
20 | for sale to such retailer by a
broker unless the broker is the | ||||||
21 | holder of a valid broker's license.
| ||||||
22 | The broker shall, upon the acceptance by a retailer of the | ||||||
23 | broker's
solicitation of an order or offer to sell or supply or | ||||||
24 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
25 | to the Illinois Liquor
Control Commission a notification of | ||||||
26 | said transaction in such form as
the Commission may by |
| |||||||
| |||||||
1 | regulations prescribe.
| ||||||
2 | (ii) A broker's license shall be required of
a person | ||||||
3 | within this State, other than a retail licensee,
who, for a fee | ||||||
4 | or commission, promotes, solicits, or accepts orders for
| ||||||
5 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
6 | be shipped from this State and delivered to residents outside | ||||||
7 | of
this State by an express company, common carrier, or | ||||||
8 | contract carrier.
This Section does not apply to any person who | ||||||
9 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
10 | authorized in Section 6-29 of this Act.
| ||||||
11 | A broker's license under this subsection (l)
shall not | ||||||
12 | entitle the holder to
buy or sell any
alcoholic liquors for his | ||||||
13 | own account or to take or deliver title to
such alcoholic | ||||||
14 | liquors.
| ||||||
15 | This subsection (l)
shall not apply to distributors, | ||||||
16 | employees of
distributors, or employees of a manufacturer who | ||||||
17 | has registered the
trademark, brand or name of the alcoholic | ||||||
18 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
19 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
20 | its registrants thereunder.
| ||||||
21 | Any agent, representative, or person subject to | ||||||
22 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
23 | not be eligible to receive a broker's
license.
| ||||||
24 | (m) A non-resident dealer's license shall permit such | ||||||
25 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
26 | State from any point
outside of this State, and to sell such |
| |||||||
| |||||||
1 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
2 | importing distributors and to no one else in this State;
| ||||||
3 | provided that said non-resident dealer shall register with the | ||||||
4 | Illinois Liquor
Control Commission each and every brand of | ||||||
5 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
6 | licensees during the license period; and further provided
that | ||||||
7 | it shall comply with all of the provisions of Section 6-9 | ||||||
8 | hereof with
respect to registration of such Illinois licensees | ||||||
9 | as may be granted the right
to sell such brands at wholesale.
| ||||||
10 | (n) A brew pub license shall allow the licensee to | ||||||
11 | manufacture beer only
on the premises specified in the license, | ||||||
12 | to make sales of the
beer manufactured on the premises to | ||||||
13 | importing distributors, distributors,
and to non-licensees for | ||||||
14 | use and consumption, to store the beer upon
the premises, and | ||||||
15 | to sell and offer for sale at retail from the licensed
| ||||||
16 | premises, provided that a brew pub licensee shall not sell for | ||||||
17 | off-premises
consumption more than 50,000 gallons per year.
| ||||||
18 | (o) A caterer retailer license shall allow the holder
to | ||||||
19 | serve alcoholic liquors as an incidental part of a food service | ||||||
20 | that serves
prepared meals which excludes the serving of snacks | ||||||
21 | as
the primary meal, either on or off-site whether licensed or | ||||||
22 | unlicensed.
| ||||||
23 | (p) An auction liquor license shall allow the licensee to | ||||||
24 | sell and offer
for sale at auction wine and spirits for use or | ||||||
25 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
26 | accordance with provisions of this Act. An
auction liquor |
| |||||||
| |||||||
1 | license will be issued to a person and it will permit the
| ||||||
2 | auction liquor licensee to hold the auction anywhere in the | ||||||
3 | State. An auction
liquor license must be obtained for each | ||||||
4 | auction at least 14 days in advance of
the auction date.
| ||||||
5 | (q) A special use permit license shall allow an Illinois | ||||||
6 | licensed
retailer to transfer a portion of its alcoholic liquor | ||||||
7 | inventory from its
retail licensed premises to the premises | ||||||
8 | specified in the license hereby
created, and to sell or offer | ||||||
9 | for sale at retail, only in the premises
specified in the | ||||||
10 | license hereby created, the transferred alcoholic liquor for
| ||||||
11 | use or consumption, but not for resale in any form. A special | ||||||
12 | use permit
license may be granted for the following time | ||||||
13 | periods: one day or less; 2 or
more days to a maximum of 15 days | ||||||
14 | per location in any 12 month period. An
applicant for the | ||||||
15 | special use permit license must also submit with the
| ||||||
16 | application proof satisfactory to the State Commission that the | ||||||
17 | applicant will
provide dram shop liability insurance to the | ||||||
18 | maximum limits and have local
authority approval.
| ||||||
19 | (r) A winery shipper's license shall allow a person
with a | ||||||
20 | first-class or second-class wine manufacturer's
license, a | ||||||
21 | first-class or second-class wine-maker's license,
or a limited | ||||||
22 | wine manufacturer's license or who is licensed to
make wine | ||||||
23 | under the laws of another state to ship wine
made by that | ||||||
24 | licensee directly to a resident of this
State who is 21 years | ||||||
25 | of age or older for that resident's
personal use and not for | ||||||
26 | resale. Prior to receiving a
winery shipper's license, an |
| |||||||
| |||||||
1 | applicant for the license must
provide the Commission with a | ||||||
2 | true copy of its current
license in any state in which it is | ||||||
3 | licensed as a manufacturer
of wine. An applicant for a winery | ||||||
4 | shipper's license must
also complete an application form that | ||||||
5 | provides any other
information the Commission deems necessary. | ||||||
6 | The
application form shall include an acknowledgement | ||||||
7 | consenting
to the jurisdiction of the Commission, the Illinois
| ||||||
8 | Department of Revenue, and the courts of this State concerning
| ||||||
9 | the enforcement of this Act and any related laws, rules, and
| ||||||
10 | regulations, including authorizing the Department of Revenue
| ||||||
11 | and the Commission to conduct audits for the purpose of
| ||||||
12 | ensuring compliance with this amendatory Act. | ||||||
13 | A winery shipper licensee must pay to the Department
of | ||||||
14 | Revenue the State liquor gallonage tax under Section 8-1 for
| ||||||
15 | all wine that is sold by the licensee and shipped to a person
| ||||||
16 | in this State. For the purposes of Section 8-1, a winery
| ||||||
17 | shipper licensee shall be taxed in the same manner as a
| ||||||
18 | manufacturer of wine. A licensee who is not otherwise required | ||||||
19 | to register under the Retailers' Occupation Tax Act must
| ||||||
20 | register under the Use Tax Act to collect and remit use tax to
| ||||||
21 | the Department of Revenue for all gallons of wine that are sold
| ||||||
22 | by the licensee and shipped to persons in this State. If a
| ||||||
23 | licensee fails to remit the tax imposed under this Act in
| ||||||
24 | accordance with the provisions of Article VIII of this Act, the
| ||||||
25 | winery shipper's license shall be revoked in accordance
with | ||||||
26 | the provisions of Article VII of this Act. If a licensee
fails |
| |||||||
| |||||||
1 | to properly register and remit tax under the Use Tax Act
or the | ||||||
2 | Retailers' Occupation Tax Act for all wine that is sold
by the | ||||||
3 | winery shipper and shipped to persons in this
State, the winery | ||||||
4 | shipper's license shall be revoked in
accordance with the | ||||||
5 | provisions of Article VII of this Act. | ||||||
6 | A winery shipper licensee must collect, maintain, and
| ||||||
7 | submit to the Commission on a semi-annual basis the
total | ||||||
8 | number of cases per resident of wine shipped to residents
of | ||||||
9 | this State.
A winery shipper licensed under this subsection (r)
| ||||||
10 | must comply with the requirements of Section 6-29 of this | ||||||
11 | amendatory Act.
| ||||||
12 | (Source: P.A. 95-331, eff. 8-21-07; 95-634, eff. 6-1-08.)
| ||||||
13 | (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
| ||||||
14 | Sec. 6-30. Notwithstanding any other provision of this Act, | ||||||
15 | the
Illinois Gaming Board shall have exclusive authority to | ||||||
16 | establish the hours
for sale and consumption of alcoholic | ||||||
17 | liquor on board a riverboat during
riverboat gambling | ||||||
18 | excursions conducted in accordance with the Illinois Riverboat
| ||||||
19 | Gambling Act.
| ||||||
20 | (Source: P.A. 87-826.)
| ||||||
21 | Section 90-55. The Criminal Code of 1961 is amended by | ||||||
22 | changing Sections 28-1, 28-1.1, 28-3, 28-5, and 28-7 as | ||||||
23 | follows:
|
| |||||||
| |||||||
1 | (720 ILCS 5/28-1)
(from Ch. 38, par. 28-1)
| ||||||
2 | Sec. 28-1. Gambling.
| ||||||
3 | (a) A person commits gambling when he:
| ||||||
4 | (1) Plays a game of chance or skill for money or other | ||||||
5 | thing of
value, unless excepted in subsection (b) of this | ||||||
6 | Section; or
| ||||||
7 | (2) Makes a wager upon the result of any game, contest, | ||||||
8 | or any
political nomination, appointment or election; or
| ||||||
9 | (3) Operates, keeps, owns, uses, purchases, exhibits, | ||||||
10 | rents, sells,
bargains for the sale or lease of, | ||||||
11 | manufactures or distributes any
gambling device; or
| ||||||
12 | (4) Contracts to have or give himself or another the | ||||||
13 | option to buy
or sell, or contracts to buy or sell, at a | ||||||
14 | future time, any grain or
other commodity whatsoever, or | ||||||
15 | any stock or security of any company,
where it is at the | ||||||
16 | time of making such contract intended by both parties
| ||||||
17 | thereto that the contract to buy or sell, or the option, | ||||||
18 | whenever
exercised, or the contract resulting therefrom, | ||||||
19 | shall be settled, not by
the receipt or delivery of such | ||||||
20 | property, but by the payment only of
differences in prices | ||||||
21 | thereof; however, the issuance, purchase, sale,
exercise, | ||||||
22 | endorsement or guarantee, by or through a person registered
| ||||||
23 | with the Secretary of State pursuant to Section 8 of the | ||||||
24 | Illinois
Securities Law of 1953, or by or through a person | ||||||
25 | exempt from such
registration under said Section 8, of a | ||||||
26 | put, call, or other option to
buy or sell securities which |
| |||||||
| |||||||
1 | have been registered with the Secretary of
State or which | ||||||
2 | are exempt from such registration under Section 3 of the
| ||||||
3 | Illinois Securities Law of 1953 is not gambling within the | ||||||
4 | meaning of
this paragraph (4); or
| ||||||
5 | (5) Knowingly owns or possesses any book, instrument or | ||||||
6 | apparatus by
means of which bets or wagers have been, or | ||||||
7 | are, recorded or registered,
or knowingly possesses any | ||||||
8 | money which he has received in the course of
a bet or | ||||||
9 | wager; or
| ||||||
10 | (6) Sells pools upon the result of any game or contest | ||||||
11 | of skill or
chance, political nomination, appointment or | ||||||
12 | election; or
| ||||||
13 | (7) Sets up or promotes any lottery or sells, offers to | ||||||
14 | sell or
transfers any ticket or share for any lottery; or
| ||||||
15 | (8) Sets up or promotes any policy game or sells, | ||||||
16 | offers to sell or
knowingly possesses or transfers any | ||||||
17 | policy ticket, slip, record,
document or other similar | ||||||
18 | device; or
| ||||||
19 | (9) Knowingly drafts, prints or publishes any lottery | ||||||
20 | ticket or share,
or any policy ticket, slip, record, | ||||||
21 | document or similar device, except for
such activity | ||||||
22 | related to lotteries, bingo games and raffles authorized by
| ||||||
23 | and conducted in accordance with the laws of Illinois or | ||||||
24 | any other state or
foreign government; or
| ||||||
25 | (10) Knowingly advertises any lottery or policy game, | ||||||
26 | except for such
activity related to lotteries, bingo games |
| |||||||
| |||||||
1 | and raffles authorized by and
conducted in accordance with | ||||||
2 | the laws of Illinois or any other state; or
| ||||||
3 | (11) Knowingly transmits information as to wagers, | ||||||
4 | betting odds, or
changes in betting odds by telephone, | ||||||
5 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
6 | installs or maintains equipment for the
transmission or | ||||||
7 | receipt of such information; except that nothing in this
| ||||||
8 | subdivision (11) prohibits transmission or receipt of such | ||||||
9 | information
for use in news reporting of sporting events or | ||||||
10 | contests; or
| ||||||
11 | (12) Knowingly establishes, maintains, or operates an | ||||||
12 | Internet site that
permits a person to play a game of
| ||||||
13 | chance or skill for money or other thing of value by means | ||||||
14 | of the Internet or
to make a wager upon the
result of any | ||||||
15 | game, contest, political nomination, appointment, or
| ||||||
16 | election by means of the Internet.
| ||||||
17 | (b) Participants in any of the following activities shall | ||||||
18 | not be
convicted of gambling therefor:
| ||||||
19 | (1) Agreements to compensate for loss caused by the | ||||||
20 | happening of
chance including without limitation contracts | ||||||
21 | of indemnity or guaranty
and life or health or accident | ||||||
22 | insurance;
| ||||||
23 | (2) Offers of prizes, award or compensation to the | ||||||
24 | actual
contestants in any bona fide contest for the | ||||||
25 | determination of skill,
speed, strength or endurance or to | ||||||
26 | the owners of animals or vehicles
entered in such contest;
|
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| |||||||
1 | (3) Pari-mutuel betting as authorized by the law of | ||||||
2 | this State;
| ||||||
3 | (4) Manufacture of gambling devices, including the | ||||||
4 | acquisition of
essential parts therefor and the assembly | ||||||
5 | thereof, for transportation in
interstate or foreign | ||||||
6 | commerce to any place outside this State when such
| ||||||
7 | transportation is not prohibited by any applicable Federal | ||||||
8 | law;
| ||||||
9 | (5) The game commonly known as "bingo", when conducted | ||||||
10 | in accordance
with the Bingo License and Tax Act;
| ||||||
11 | (6) Lotteries when conducted by the State of Illinois | ||||||
12 | in accordance
with the Illinois Lottery Law;
| ||||||
13 | (7) Possession of an antique slot machine that is | ||||||
14 | neither used nor
intended to be used in the operation or | ||||||
15 | promotion of any unlawful
gambling activity or enterprise. | ||||||
16 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
17 | slot machine is one manufactured 25 years ago or earlier;
| ||||||
18 | (8) Raffles when conducted in accordance with the | ||||||
19 | Raffles Act;
| ||||||
20 | (9) Charitable games when conducted in accordance with | ||||||
21 | the Charitable
Games Act;
| ||||||
22 | (10) Pull tabs and jar games when conducted under the | ||||||
23 | Illinois Pull
Tabs and Jar Games Act; or
| ||||||
24 | (11) Gambling games conducted on riverboats when
| ||||||
25 | authorized by the Illinois Riverboat Gambling Act.
| ||||||
26 | (c) Sentence.
|
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| |||||||
1 | Gambling under subsection (a)(1) or (a)(2) of this Section | ||||||
2 | is a
Class A misdemeanor. Gambling under any of subsections | ||||||
3 | (a)(3) through
(a)(11) of this Section is a Class A | ||||||
4 | misdemeanor. A second or
subsequent conviction under any of | ||||||
5 | subsections (a)(3) through (a)(11),
is a Class 4 felony. | ||||||
6 | Gambling under subsection (a)(12) of this Section is a
Class A
| ||||||
7 | misdemeanor. A second or subsequent conviction under | ||||||
8 | subsection (a)(12) is a
Class 4 felony.
| ||||||
9 | (d) Circumstantial evidence.
| ||||||
10 | In prosecutions under subsection (a)(1) through (a)(12) of
| ||||||
11 | this
Section circumstantial evidence shall have the same | ||||||
12 | validity and weight as
in any criminal prosecution.
| ||||||
13 | (Source: P.A. 91-257, eff. 1-1-00.)
| ||||||
14 | (720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
| ||||||
15 | Sec. 28-1.1. Syndicated gambling.
| ||||||
16 | (a) Declaration of Purpose. Recognizing the close | ||||||
17 | relationship between
professional gambling and other organized | ||||||
18 | crime, it is declared to be the
policy of the legislature to | ||||||
19 | restrain persons from engaging in the business
of gambling for | ||||||
20 | profit in this State. This Section shall be liberally
construed | ||||||
21 | and administered with a view to carrying out this policy.
| ||||||
22 | (b) A person commits syndicated gambling when he operates a | ||||||
23 | "policy
game" or engages in the business of bookmaking.
| ||||||
24 | (c) A person "operates a policy game" when he knowingly | ||||||
25 | uses any
premises or property for the purpose of receiving or |
| |||||||
| |||||||
1 | knowingly does
receive from what is commonly called "policy":
| ||||||
2 | (1) money from a person other than the better or player | ||||||
3 | whose
bets or plays are represented by such money; or
| ||||||
4 | (2) written "policy game" records, made or used over | ||||||
5 | any
period of time, from a person other than the better or | ||||||
6 | player whose bets
or plays are represented by such written | ||||||
7 | record.
| ||||||
8 | (d) A person engages in bookmaking when he receives or | ||||||
9 | accepts more
than five bets or wagers upon the result of any | ||||||
10 | trials or contests of
skill, speed or power of endurance or | ||||||
11 | upon any lot, chance, casualty,
unknown or contingent event | ||||||
12 | whatsoever, which bets or wagers shall be of
such size that the | ||||||
13 | total of the amounts of money paid or promised to be
paid to | ||||||
14 | such bookmaker on account thereof shall exceed $2,000.
| ||||||
15 | Bookmaking is the receiving or accepting of such bets or wagers
| ||||||
16 | regardless of the form or manner in which the bookmaker records | ||||||
17 | them.
| ||||||
18 | (e) Participants in any of the following activities shall | ||||||
19 | not be
convicted of syndicated gambling:
| ||||||
20 | (1) Agreements to compensate for loss caused by the | ||||||
21 | happening
of chance including without limitation contracts | ||||||
22 | of indemnity or
guaranty and life or health or accident | ||||||
23 | insurance; and
| ||||||
24 | (2) Offers of prizes, award or compensation to the | ||||||
25 | actual
contestants in any bona fide contest for the | ||||||
26 | determination of skill,
speed, strength or endurance or to |
| |||||||
| |||||||
1 | the owners of animals or vehicles
entered in such contest; | ||||||
2 | and
| ||||||
3 | (3) Pari-mutuel betting as authorized by law of this | ||||||
4 | State;
and
| ||||||
5 | (4) Manufacture of gambling devices, including the | ||||||
6 | acquisition
of essential parts therefor and the assembly | ||||||
7 | thereof, for transportation
in interstate or foreign | ||||||
8 | commerce to any place outside this State when
such | ||||||
9 | transportation is not prohibited by any applicable Federal | ||||||
10 | law; and
| ||||||
11 | (5) Raffles when conducted in accordance with the | ||||||
12 | Raffles Act; and
| ||||||
13 | (6) Gambling games conducted on riverboats , in | ||||||
14 | casinos, or at electronic gaming facilities when
| ||||||
15 | authorized by the Illinois Riverboat
Gambling Act.
| ||||||
16 | (f) Sentence. Syndicated gambling is a Class 3 felony.
| ||||||
17 | (Source: P.A. 86-1029; 87-435.)
| ||||||
18 | (720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
| ||||||
19 | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is | ||||||
20 | any real
estate, vehicle, boat or any other property whatsoever | ||||||
21 | used for the
purposes of gambling other than gambling conducted | ||||||
22 | in the manner authorized
by the Illinois Riverboat Gambling | ||||||
23 | Act. Any person who knowingly permits any premises
or property | ||||||
24 | owned or occupied by him or under his control to be used as a
| ||||||
25 | gambling place commits a Class A misdemeanor. Each subsequent |
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| |||||||
1 | offense is a
Class 4 felony. When any premises is determined by | ||||||
2 | the circuit court to be
a gambling place:
| ||||||
3 | (a) Such premises is a public nuisance and may be proceeded | ||||||
4 | against as such, and
| ||||||
5 | (b) All licenses, permits or certificates issued by the | ||||||
6 | State of
Illinois or any subdivision or public agency thereof | ||||||
7 | authorizing the
serving of food or liquor on such premises | ||||||
8 | shall be void; and no license,
permit or certificate so | ||||||
9 | cancelled shall be reissued for such premises for
a period of | ||||||
10 | 60 days thereafter; nor shall any person convicted of keeping a
| ||||||
11 | gambling place be reissued such license
for one year from his | ||||||
12 | conviction and, after a second conviction of keeping
a gambling | ||||||
13 | place, any such person shall not be reissued such license, and
| ||||||
14 | (c) Such premises of any person who knowingly permits | ||||||
15 | thereon a
violation of any Section of this Article shall be | ||||||
16 | held liable for, and may
be sold to pay any unsatisfied | ||||||
17 | judgment that may be recovered and any
unsatisfied fine that | ||||||
18 | may be levied under any Section of this Article.
| ||||||
19 | (Source: P.A. 86-1029.)
| ||||||
20 | (720 ILCS 5/28-5)
(from Ch. 38, par. 28-5)
| ||||||
21 | Sec. 28-5. Seizure of gambling devices and gambling funds.
| ||||||
22 | (a) Every device designed for gambling which is incapable | ||||||
23 | of lawful use
or every device used unlawfully for gambling | ||||||
24 | shall be considered a
"gambling device", and shall be subject | ||||||
25 | to seizure, confiscation and
destruction by the Department of |
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| |||||||
1 | State Police or by any municipal, or other
local authority, | ||||||
2 | within whose jurisdiction the same may be found. As used
in | ||||||
3 | this Section, a "gambling device" includes any slot machine, | ||||||
4 | and
includes any machine or device constructed for the | ||||||
5 | reception of money or
other thing of value and so constructed | ||||||
6 | as to return, or to cause someone
to return, on chance to the | ||||||
7 | player thereof money, property or a right to
receive money or | ||||||
8 | property. With the exception of any device designed for
| ||||||
9 | gambling which is incapable of lawful use, no gambling device | ||||||
10 | shall be
forfeited or destroyed unless an individual with a | ||||||
11 | property interest in
said device knows of the unlawful use of | ||||||
12 | the device.
| ||||||
13 | (b) Every gambling device shall be seized and forfeited to | ||||||
14 | the county
wherein such seizure occurs. Any money or other | ||||||
15 | thing of value integrally
related to acts of gambling shall be | ||||||
16 | seized and forfeited to the county
wherein such seizure occurs.
| ||||||
17 | (c) If, within 60 days after any seizure pursuant to | ||||||
18 | subparagraph
(b) of this Section, a person having any property | ||||||
19 | interest in the seized
property is charged with an offense, the | ||||||
20 | court which renders judgment
upon such charge shall, within 30 | ||||||
21 | days after such judgment, conduct a
forfeiture hearing to | ||||||
22 | determine whether such property was a gambling device
at the | ||||||
23 | time of seizure. Such hearing shall be commenced by a written
| ||||||
24 | petition by the State, including material allegations of fact, | ||||||
25 | the name
and address of every person determined by the State to | ||||||
26 | have any property
interest in the seized property, a |
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| |||||||
1 | representation that written notice of
the date, time and place | ||||||
2 | of such hearing has been mailed to every such
person by | ||||||
3 | certified mail at least 10 days before such date, and a
request | ||||||
4 | for forfeiture. Every such person may appear as a party and
| ||||||
5 | present evidence at such hearing. The quantum of proof required | ||||||
6 | shall
be a preponderance of the evidence, and the burden of | ||||||
7 | proof shall be on
the State. If the court determines that the | ||||||
8 | seized property was
a gambling device at the time of seizure, | ||||||
9 | an order of forfeiture and
disposition of the seized property | ||||||
10 | shall be entered: a gambling device
shall be received by the | ||||||
11 | State's Attorney, who shall effect its
destruction, except that | ||||||
12 | valuable parts thereof may be liquidated and
the resultant | ||||||
13 | money shall be deposited in the general fund of the county
| ||||||
14 | wherein such seizure occurred; money and other things of value | ||||||
15 | shall be
received by the State's Attorney and, upon | ||||||
16 | liquidation, shall be
deposited in the general fund of the | ||||||
17 | county wherein such seizure
occurred. However, in the event | ||||||
18 | that a defendant raises the defense
that the seized slot | ||||||
19 | machine is an antique slot machine described in
subparagraph | ||||||
20 | (b) (7) of Section 28-1 of this Code and therefore he is
exempt | ||||||
21 | from the charge of a gambling activity participant, the seized
| ||||||
22 | antique slot machine shall not be destroyed or otherwise | ||||||
23 | altered until a
final determination is made by the Court as to | ||||||
24 | whether it is such an
antique slot machine. Upon a final | ||||||
25 | determination by the Court of this
question in favor of the | ||||||
26 | defendant, such slot machine shall be
immediately returned to |
| |||||||
| |||||||
1 | the defendant. Such order of forfeiture and
disposition shall, | ||||||
2 | for the purposes of appeal, be a final order and
judgment in a | ||||||
3 | civil proceeding.
| ||||||
4 | (d) If a seizure pursuant to subparagraph (b) of this | ||||||
5 | Section is not
followed by a charge pursuant to subparagraph | ||||||
6 | (c) of this Section, or if
the prosecution of such charge is | ||||||
7 | permanently terminated or indefinitely
discontinued without | ||||||
8 | any judgment of conviction or acquittal (1) the
State's | ||||||
9 | Attorney shall commence an in rem proceeding for the forfeiture
| ||||||
10 | and destruction of a gambling device, or for the forfeiture and | ||||||
11 | deposit
in the general fund of the county of any seized money | ||||||
12 | or other things of
value, or both, in the circuit court and (2) | ||||||
13 | any person having any
property interest in such seized gambling | ||||||
14 | device, money or other thing
of value may commence separate | ||||||
15 | civil proceedings in the manner provided
by law.
| ||||||
16 | (e) Any gambling device displayed for sale to a riverboat | ||||||
17 | gambling
operation , casino gambling operation, or electronic | ||||||
18 | gaming facility or used to train occupational licensees of a | ||||||
19 | riverboat gambling
operation , casino gambling operation, or | ||||||
20 | electronic gaming facility as authorized under the Illinois | ||||||
21 | Riverboat Gambling Act is exempt from
seizure under this | ||||||
22 | Section.
| ||||||
23 | (f) Any gambling equipment, devices and supplies provided | ||||||
24 | by a licensed
supplier in accordance with the Illinois | ||||||
25 | Riverboat Gambling Act which are removed
from a
the riverboat , | ||||||
26 | casino, or electronic gaming facility for repair are
exempt |
| |||||||
| |||||||
1 | from seizure under this Section.
| ||||||
2 | (Source: P.A. 87-826.)
| ||||||
3 | (720 ILCS 5/28-7)
(from Ch. 38, par. 28-7)
| ||||||
4 | Sec. 28-7. Gambling contracts void.
| ||||||
5 | (a) All promises, notes, bills, bonds, covenants, | ||||||
6 | contracts, agreements,
judgments, mortgages, or other | ||||||
7 | securities or conveyances made, given,
granted, drawn, or | ||||||
8 | entered into, or executed by any person whatsoever,
where the | ||||||
9 | whole or any part of the consideration thereof is for any
money | ||||||
10 | or thing of value, won or obtained in violation of any Section | ||||||
11 | of
this Article are null and void.
| ||||||
12 | (b) Any obligation void under this Section may be set aside | ||||||
13 | and vacated
by any court of competent jurisdiction, upon a | ||||||
14 | complaint filed for that
purpose, by the person so granting, | ||||||
15 | giving, entering into, or executing the
same, or by his | ||||||
16 | executors or administrators, or by any creditor, heir,
legatee, | ||||||
17 | purchaser or other person interested therein; or if a judgment,
| ||||||
18 | the same may be set aside on motion of any person stated above, | ||||||
19 | on due
notice thereof given.
| ||||||
20 | (c) No assignment of any obligation void under this Section | ||||||
21 | may in any
manner affect the defense of the person giving, | ||||||
22 | granting, drawing, entering
into or executing such obligation, | ||||||
23 | or the remedies of any person interested
therein.
| ||||||
24 | (d) This Section shall not prevent a licensed owner of a | ||||||
25 | riverboat
gambling operation , casino gambling operation, or an |
| |||||||
| |||||||
1 | electronic gaming licensee under the Illinois Gambling
Act and | ||||||
2 | the Illinois Horse Racing Act of 1975 from instituting a cause | ||||||
3 | of
action to collect any amount due and owing under an | ||||||
4 | extension of credit to a
riverboat gambling patron as | ||||||
5 | authorized under Section 11.1 of the
Illinois Riverboat | ||||||
6 | Gambling Act.
| ||||||
7 | (Source: P.A. 87-826.)
| ||||||
8 | Section 90-57. The Eminent Domain Act is amended by adding | ||||||
9 | Section 15-5-45 as follows: | ||||||
10 | (735 ILCS 30/15-5-45 new)
| ||||||
11 | Sec. 15-5-45. Eminent domain powers in New Acts. The | ||||||
12 | following provisions of law may include express grants of the | ||||||
13 | power to acquire property by condemnation or eminent domain: | ||||||
14 | Chicago Casino Development Authority Act; City of Chicago; for | ||||||
15 | the purposes of the Act.
| ||||||
16 | Illinois Casino Development Authority Act; Illinois Casino | ||||||
17 | Development Authority; for the purposes of the Act. | ||||||
18 | Section 90-60. The Payday Loan Reform Act is amended by | ||||||
19 | changing Section 3-5 as follows: | ||||||
20 | (815 ILCS 122/3-5)
| ||||||
21 | Sec. 3-5. Licensure. |
| |||||||
| |||||||
1 | (a) A license to make a payday loan shall state the | ||||||
2 | address,
including city and state, at which
the business is to | ||||||
3 | be conducted and shall state fully the name of the licensee.
| ||||||
4 | The license shall be conspicuously posted in the place of | ||||||
5 | business of the
licensee and shall not be transferable or | ||||||
6 | assignable.
| ||||||
7 | (b) An application for a license shall be in writing and in | ||||||
8 | a form
prescribed by the Secretary. The Secretary may not issue | ||||||
9 | a payday loan
license unless and until the following findings | ||||||
10 | are made:
| ||||||
11 | (1) that the financial responsibility, experience, | ||||||
12 | character, and general
fitness of the applicant are such as | ||||||
13 | to command the confidence of the public
and to warrant the | ||||||
14 | belief that the business will be operated lawfully and
| ||||||
15 | fairly and within the provisions and purposes of this Act; | ||||||
16 | and
| ||||||
17 | (2) that the applicant has submitted such other | ||||||
18 | information as the
Secretary may deem necessary.
| ||||||
19 | (c) A license shall be issued for no longer than one year, | ||||||
20 | and no renewal
of a license may be provided if a licensee has | ||||||
21 | substantially violated this
Act and has not cured the violation | ||||||
22 | to the satisfaction of the Department.
| ||||||
23 | (d) A licensee shall appoint, in writing, the Secretary as | ||||||
24 | attorney-in-fact
upon whom all lawful process against the | ||||||
25 | licensee may be served with the
same legal force and validity | ||||||
26 | as if served on the licensee. A copy of the
written |
| |||||||
| |||||||
1 | appointment, duly certified, shall be filed in the office of | ||||||
2 | the
Secretary, and a copy thereof certified by the Secretary | ||||||
3 | shall be sufficient
evidence to subject a licensee to | ||||||
4 | jurisdiction in a court of law. This appointment shall remain | ||||||
5 | in effect while any liability remains
outstanding in this State | ||||||
6 | against the licensee. When summons is served upon
the Secretary | ||||||
7 | as attorney-in-fact for a licensee, the Secretary shall | ||||||
8 | immediately
notify the licensee by registered mail, enclosing | ||||||
9 | the summons and specifying
the hour and day of service.
| ||||||
10 | (e) A licensee must pay an annual fee of $1,000. In | ||||||
11 | addition to the
license fee, the reasonable expense of any | ||||||
12 | examination or hearing
by the Secretary under any provisions of | ||||||
13 | this Act shall be borne by
the licensee. If a licensee fails to | ||||||
14 | renew its license by December 31,
its license
shall | ||||||
15 | automatically expire; however, the Secretary, in his or her | ||||||
16 | discretion,
may reinstate an expired license upon:
| ||||||
17 | (1) payment of the annual fee within 30 days of the | ||||||
18 | date of
expiration; and
| ||||||
19 | (2) proof of good cause for failure to renew.
| ||||||
20 | (f) Not more than one place of business shall be maintained | ||||||
21 | under the
same license, but the Secretary may issue more than | ||||||
22 | one license to the same
licensee upon compliance with all the | ||||||
23 | provisions of this Act governing
issuance of a single license. | ||||||
24 | The location, except those locations already in
existence as of | ||||||
25 | June 1, 2005, may not be within one mile of a
horse race track | ||||||
26 | subject to the Illinois Horse Racing Act of 1975,
within one |
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1 | mile of a facility at which gambling is conducted under the
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2 | Illinois Riverboat Gambling Act, within one mile of the | ||||||
3 | location at which a
riverboat subject to the Illinois Riverboat | ||||||
4 | Gambling Act docks, within one mile of the location of a casino | ||||||
5 | subject to the Illinois Gambling Act, within one mile of the | ||||||
6 | location of an electronic gaming facility subject to the | ||||||
7 | Illinois Gambling Act, or within one mile of
any State of | ||||||
8 | Illinois or United States military base or naval installation.
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9 | (g) No licensee shall conduct the business of making loans | ||||||
10 | under this
Act within any office, suite, room, or place of | ||||||
11 | business in which any other
business is solicited or engaged in | ||||||
12 | unless the other business is licensed by the Department or, in | ||||||
13 | the opinion of the Secretary, the
other business would not be | ||||||
14 | contrary to the best interests of consumers and
is authorized | ||||||
15 | by the Secretary in writing.
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16 | (h) The Secretary shall maintain a list of licensees that | ||||||
17 | shall be
available to interested consumers and lenders and the | ||||||
18 | public. The Secretary
shall maintain a toll-free number whereby | ||||||
19 | consumers may obtain
information about licensees. The | ||||||
20 | Secretary shall also establish a complaint
process under which | ||||||
21 | an aggrieved consumer
may file a complaint against a licensee | ||||||
22 | or non-licensee who violates any
provision of this Act.
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23 | (Source: P.A. 94-13, eff. 12-6-05.)
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24 | Section 90-65. The Travel Promotion Consumer Protection | ||||||
25 | Act is amended by changing Section 2 as follows:
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1 | (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
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2 | Sec. 2. Definitions.
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3 | (a) "Travel promoter" means a person, including a tour | ||||||
4 | operator, who sells,
provides, furnishes, contracts for, | ||||||
5 | arranges or advertises that he or she will
arrange wholesale or | ||||||
6 | retail transportation by air, land, sea or navigable
stream, | ||||||
7 | either separately or in conjunction with other services. | ||||||
8 | "Travel
promoter" does not include (1) an air carrier; (2) a | ||||||
9 | sea carrier; (3) an
officially appointed agent of an air | ||||||
10 | carrier who is a member in good standing
of the Airline | ||||||
11 | Reporting Corporation; (4) a travel promoter who has in
force | ||||||
12 | $1,000,000 or more of liability insurance coverage for | ||||||
13 | professional
errors and omissions and a surety bond or | ||||||
14 | equivalent surety in the amount of
$100,000 or more for the | ||||||
15 | benefit of consumers in the event of a bankruptcy on
the part | ||||||
16 | of the travel promoter; or (5) a riverboat subject to | ||||||
17 | regulation under
the Illinois Riverboat Gambling Act.
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18 | (b) "Advertise" means to make any representation in the | ||||||
19 | solicitation of
passengers and includes communication with | ||||||
20 | other members of the same
partnership, corporation, joint | ||||||
21 | venture, association, organization, group or
other entity.
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22 | (c) "Passenger" means a person on whose behalf money or | ||||||
23 | other
consideration has been given or is to be given to | ||||||
24 | another, including
another member of the same partnership, | ||||||
25 | corporation, joint venture,
association, organization, group |
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| |||||||
1 | or other entity, for travel.
| ||||||
2 | (d) "Ticket or voucher" means a writing or combination of | ||||||
3 | writings which
is itself good and sufficient to obtain
| ||||||
4 | transportation and other services for which the passenger has | ||||||
5 | contracted.
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6 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
7 | ARTICLE 99. | ||||||
8 | Section 99-95. No acceleration or delay. Where this Act | ||||||
9 | makes changes in a statute that is represented in this Act by | ||||||
10 | text that is not yet or no longer in effect (for example, a | ||||||
11 | Section represented by multiple versions), the use of that text | ||||||
12 | does not accelerate or delay the taking effect of (i) the | ||||||
13 | changes made by this Act or (ii) provisions derived from any | ||||||
14 | other Public Act. | ||||||
15 | Section 99-99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
|