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| Act.
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| "City" means the City of Chicago.
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| "Casino operator licensee" means any person or entity |
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| selected by the Authority and approved and licensed by the |
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| Gaming Board to manage and operate a casino within the City of |
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| Chicago pursuant to a casino management contract.
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| "Casino management contract" means a legally binding
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| agreement between the Authority and a casino operator licensee |
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| to operate or manage a casino.
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| "Executive director" means the person appointed by the |
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| Board to oversee the
daily operations of the Authority.
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| "Gaming Board" means the Illinois Gaming Board created by |
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| the Illinois Gambling Act.
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| "Mayor" means the Mayor of the City.
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| Section 1-12. Creation of the Authority. After the 5 |
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| members of the Illinois Gaming Board are appointed and |
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| qualified pursuant to this amendatory Act of the 95th General |
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| Assembly, there is hereby created a political subdivision, unit |
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| of local government with only the powers authorized by law, |
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| body politic, and municipal corporation, by the name and style |
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| of the Chicago Casino Development Authority. |
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| Section 1-13. Duties of the Authority. It shall be the duty |
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| of the Authority, as a casino licensee under the Illinois |
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| Gambling Act, to promote, operate, and maintain a casino in the |
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| City. The Authority shall construct, equip, and maintain |
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| grounds, buildings, and facilities for that purpose. The |
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| Authority has the right to contract with a casino operator |
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| licensee and other third parties in order to fulfill its |
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| purpose. The Authority is granted all rights and powers |
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| necessary to perform such duties. |
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| Section 1-15. Board. |
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| (a) The governing and administrative powers of the |
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| Authority shall be vested
in a body known as the Chicago Casino |
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| Development Board. The Board shall
consist of 3 members |
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| appointed by the Mayor. All appointees shall be subject to |
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| background investigation and approval by the Gaming Board. One |
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| of these
members shall be designated
by the Mayor to serve as |
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| chairperson.
All of the members
appointed by the Mayor shall be |
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| residents of the City.
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| (b) Board members shall receive $300 for each day the |
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| Authority meets and
shall be entitled to reimbursement of |
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| reasonable expenses incurred in the
performance of their |
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| official duties. A Board member who serves in the office
of |
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| secretary-treasurer may also receive compensation for services |
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| provided
as that officer.
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| Section 1-20. Terms of appointments; resignation and |
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| removal. |
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| (a) The Mayor shall appoint one member of the Board for an |
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| initial term expiring July 1 of the year following approval by |
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| the Gaming Board, one member for an initial term expiring July |
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| 1 three years following approval by the Gaming Board, and one |
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| member for an initial term expiring July 1 five years following |
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| approval by the Gaming Board.
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| (b) All successors shall hold office for a term of 5 years |
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| from the first day of July of the year in which they are |
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| appointed, except in the case of an appointment to fill a |
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| vacancy. Each member, including the chairperson, shall hold |
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| office until the expiration of his or her term and until his or |
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| her successor is appointed and qualified. Nothing shall |
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| preclude a member from serving consecutive terms. Any member |
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| may resign from office, to take effect when a successor has |
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| been appointed and qualified. A vacancy in office shall occur |
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| in the case of a member's death or indictment, conviction, or |
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| plea of guilty to a felony. A vacancy shall be filled for the |
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| unexpired term by the Mayor with the approval of the Gaming |
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| Board.
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| (c) The Mayor or the Gaming Board may remove any member of |
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| the Board upon a finding of incompetence, neglect of duty, or |
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| misfeasance or malfeasance in office or for a violation of this |
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| Act. The Gaming Board may remove any member of the Board for |
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| any violation of the Illinois Gambling Act or the rules and |
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| regulations of the Gaming Board.
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| Section 1-25. Organization of Board; meetings. After |
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| appointment by the Mayor and approval of the Gaming Board, the |
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| Board shall organize for the transaction of business. The Board |
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| shall prescribe the time and place for meetings, the manner in |
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| which special meetings may be called, and the notice that must |
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| be given to members. All actions and meetings of the Board |
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| shall be subject to the provisions of the Open Meetings Act. |
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| Two members of the Board shall constitute a quorum. All |
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| substantive action of the Board shall be by resolution with an |
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| affirmative vote of a majority of the members.
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| Section 1-30. Executive director; officers. |
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| (a) The Board shall appoint
an executive director, subject |
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| to completion of a background investigation and approval by the |
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| Gaming Board, who shall be the chief executive officer of the
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| Authority. The Board shall fix the compensation of the |
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| executive director.
Subject to the general control of the |
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| Board, the executive director shall be
responsible for the |
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| management of the business, properties, and
employees of the |
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| Authority. The executive director shall direct the
enforcement |
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| of all resolutions, rules, and regulations of the Board, and |
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| shall
perform such other duties as may be prescribed from
time |
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| to time by the Board. All employees and independent |
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| contractors,
consultants, engineers, architects, accountants, |
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| attorneys, financial experts,
construction experts and |
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| personnel, superintendents, managers, and other
personnel |
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| appointed or employed pursuant to this Act shall
report to the |
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| executive director. In addition to any other duties set forth |
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| in
this Act, the executive director shall do all of the |
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| following:
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| (1) Direct and supervise the administrative affairs |
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| and activities of the
Authority in accordance with its |
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| rules, regulations, and policies.
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| (2) Attend meetings of the Board.
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| (3) Keep minutes of all proceedings of the Board.
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| (4) Approve all accounts for salaries, per diem |
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| payments, and allowable
expenses of the Board and its |
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| employees and consultants.
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| (5) Report and make recommendations to the Board |
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| concerning the terms and
conditions of any casino |
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| management contract.
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| (6) Perform any other duty that the Board requires for |
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| carrying out the
provisions of this Act.
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| (7) Devote his or her full time to the duties of the |
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| office and not hold
any other office or employment.
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| (b) The Board may select a secretary-treasurer to hold |
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| office at the pleasure of the Board. The Board
shall fix the |
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| duties of such officer.
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| Section 1-31. General rights and powers of the Authority. |
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| In addition to the duties and powers set forth in this Act, the |
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| Authority shall have the following rights and powers: |
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| (1) Adopt and alter an official seal. |
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| (2) Establish and change its fiscal year. |
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| (3) Sue and be sued, plead and be impleaded, all in its |
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| own name, and agree to binding arbitration of any dispute |
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| to which it is a party. |
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| (4) Adopt, amend, and repeal by-laws, rules, and |
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| regulations consistent with the furtherance of the powers |
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| and duties provided for. |
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| (5) Maintain its principal office within the City and |
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| such other offices as the Board may designate. |
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| (6) Select locations in the City for a temporary and a |
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| permanent casino, subject to final approval by the Gaming |
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| Board. |
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| (7) Conduct background investigations of potential |
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| casino operator licensees, including its principals or |
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| shareholders, and Authority staff. The Authority may |
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| request the assistance of the Office of Gaming Enforcement. |
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| (8) Employ, either as regular employees or independent |
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| contractors, consultants, engineers, architects, |
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| accountants, attorneys, financial experts, construction |
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| experts and personnel, superintendents, managers and other |
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| professional personnel, and such other personnel as may be |
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| necessary in the judgment of the Board, and fix their |
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| compensation. |
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| (9) Own, acquire, construct, equip, lease, operate, |
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| and maintain grounds, buildings, and facilities to carry |
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| out its corporate purposes and duties. |
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| (10) Enter into, revoke, and modify contracts, subject |
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| to final approval of the Gaming Board. |
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| (11) Enter into a casino management contract subject to |
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| the final approval of the Gaming Board. |
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| (12) Develop, or cause to be developed by a third |
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| party, a master plan for the design, planning, and |
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| development of a casino. |
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| (13) Negotiate and enter into intergovernmental |
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| agreements with the State and its agencies, the City, and |
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| other units of local government, in furtherance of the |
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| powers and duties of the Board. However, the Authority may |
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| not enter into an agreement with the State Police. |
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| (14) Receive and disburse funds for its own corporate |
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| purposes or as otherwise specified in this Act. |
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| (15) Borrow money from any source, public or private, |
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| for any corporate purpose, including, without limitation, |
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| working capital for its operations, reserve funds, or |
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| payment of interest, and to mortgage, pledge, or otherwise |
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| encumber the property or funds of the Authority and to |
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| contract with or engage the services of any person in |
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| connection with any financing, including financial |
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| institutions, issuers of letters of credit, or insurers and |
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| enter into reimbursement agreements with this person or |
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| entity which may be secured as if money were borrowed from |
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| the person or entity. |
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| (16) Issue bonds as provided for under this Act. |
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| (17) Receive and accept from any source, private or |
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| public, contributions, gifts, or grants of money or |
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| property to the Authority. |
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| (18) Provide for the insurance of any property, |
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| operations, officers, members, agents, or employees of the |
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| Authority against any risk or hazard, to self-insure or |
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| participate in joint self-insurance pools or entities to |
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| insure against such risk or hazard, and to provide for the |
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| indemnification of its officers, members, employees, |
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| contractors, or agents against any and all risks. |
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| (19) Exercise all the corporate powers granted |
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| Illinois corporations under the Business Corporation Act |
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| of 1983, except to the extent that powers are inconsistent |
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| with those of a body politic and corporate of the State. |
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| (20) Do all things necessary or convenient to carry out |
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| the powers granted by this Act. |
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| Section 1-32. Ethical Conduct. |
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| (a) Board members and employees of the Authority must carry |
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| out their duties and responsibilities in such a manner as to |
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| promote and preserve public trust and confidence in the |
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| integrity and conduct of gaming. |
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| (b) Except as may be required in the conduct of official |
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| duties, Board members and employees of the Authority shall not |
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| engage in gambling on any riverboat, in any casino, or in an |
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| electronic gaming facility licensed by the Illinois Gaming |
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| Board or engage in legalized gambling in any establishment |
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| identified by Board action that, in the judgment of the Board, |
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| could represent a potential for a conflict of interest. |
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| (c) A Board member or employee of the Authority shall not |
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| use or attempt to use his or her official position to secure or |
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| attempt to secure any privilege, advantage, favor, or influence |
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| for himself or herself or others. |
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| (d) Board members and employees of the Authority shall not |
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| hold or pursue employment, office, position, business, or |
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| occupation that may conflict with his or her official duties. |
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| Employees may engage in other gainful employment so long as |
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| that employment does not interfere or conflict with their |
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| duties. Such employment must be disclosed to the Executive |
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| Director and approved by the Board. |
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| (e) Board members and employees of the Authority may not |
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| engage in employment, communications, or any activity that may |
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| be deemed a conflict of interest. This prohibition shall extend |
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| to any act identified by Board action or Gaming Board action |
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| that, in the judgment of the either entity, could represent the |
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| potential for or the appearance of a conflict of interest. |
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| (f) Board members and employees of the Authority may not |
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| have a financial interest, directly or indirectly, in his or |
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| her own name or in the name of any other person, partnership, |
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| association, trust, corporation, or other entity in any |
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| contract or subcontract for the performance of any work for the |
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| Authority. This prohibition shall extend to the holding or |
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| acquisition of an interest in any entity identified by Board |
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| action or Gaming Board action that, in the judgment of the |
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| either entity, could represent the potential for or the |
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| appearance of a financial interest. The holding or acquisition |
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| of an interest in such entities through an indirect means, such |
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| as through a mutual fund, shall not be prohibited, expect that |
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| the Gaming Board may identify specific investments or funds |
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| that, in its judgment, are so influenced by gaming holdings as |
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| to represent the potential for or the appearance of a conflict |
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| of interest. |
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| (g) Board members and employees of the Authority may not |
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| accept any gift, gratuity, service, compensation, travel, |
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| lodging, or thing of value, with the exception of unsolicited |
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| items of an incidental nature, from any person, corporation, or |
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| entity doing business with the Authority. |
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| (h) No Board member or employee of the Authority may, |
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| within a period of 2 years immediately after termination of |
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| employment, knowingly accept employment or receive |
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| compensation or fees for services from a person or entity, or |
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| its parent or affiliate, that has engaged in business with the |
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| Authority that resulted in contracts with an aggregate value of |
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| at least $25,000 or if that Board member or employee has made a |
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| decision that directly applied to the person or entity, or its |
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| parent or affiliate. |
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| (i) A spouse, child, or parent of a Board member or |
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| employee of the Authority may not have a financial interest, |
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| directly or indirectly, in his or her own name or in the name |
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| of any other person, partnership, association, trust, |
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| corporation, or other entity in any contract or subcontract for |
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| the performance of any work for the Authority. This prohibition |
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| shall extend to the holding or acquisition of an interest in |
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| any entity identified by Board action or Gaming Board action |
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| that, in the judgment of the either entity, could represent the |
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| potential for or the appearance of a conflict of interest. The |
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| holding or acquisition of an interest in such entities through |
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| an indirect means, such as through a mutual fund, shall not be |
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| prohibited, expect that the Gaming Board may identify specific |
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| investments or funds that, in its judgment, are so influenced |
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| by gaming holdings as to represent the potential for or the |
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| appearance of a conflict of interest. |
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| (j) A spouse, child, or parent of a Board member or |
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| employee of the Authority may not accept any gift, gratuity, |
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| service, compensation, travel, lodging, or thing of value, with |
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| the exception of unsolicited items of an incidental nature, |
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| from any person, corporation, or entity doing business with the |
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| Authority. |
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| (k) A spouse, child, or parent of a Board member or |
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| employee of the Authority may not, within a period of 2 years |
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| immediately after termination of employment, knowingly accept |
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| employment or receive compensation or fees for services from a |
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| person or entity, or its parent or affiliate, that has engaged |
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| in business with the Authority that resulted in contracts with |
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| an aggregate value of at least $25,000 or if that Board member |
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| or employee has made a decision that directly applied to the |
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| person or entity, or its parent or affiliate. |
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| (l) No Board member or employee of the Authority may |
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| attempt, in any way, to influence any person or corporation |
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| doing business with the Authority or any officer, agent, or |
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| employee thereof to hire or contract with any person or |
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| corporation for any compensated work. |
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| (m) Any communication between an elected official of the |
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| City and any applicant for or party to a casino management |
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| contract with the Authority, or an officer, director, or |
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| employee thereof, concerning any manner relating in any way to |
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| gaming or the Authority shall be disclosed to the Board and the |
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| Gaming Board. Such disclosure shall be in writing by the |
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| official within 30 days of the communication and shall be filed |
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| with the Board. Disclosure must consist of the date of the |
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| communication, the identity and job title of the person with |
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| whom the communication was made, a brief summary of the |
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| communication, the action requested or recommended, all |
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| responses made, the identity and job title of the person making |
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| the response, and any other pertinent information. |
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| (n) Any Board member or employee of the Authority who |
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| violates any provision of this Section is guilty of a Class 4 |
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| felony.
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| Section 1-45. Casino management contracts. |
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| (a) The Board shall develop and administer a competitive |
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| sealed bidding process
for the
selection of a potential casino |
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| operator licensee to develop or operate a casino within the |
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| City.
The Board shall issue one or more requests for proposals. |
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| The Board may
establish minimum financial and investment |
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| requirements to determine the
eligibility of persons to respond |
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| to the Board's requests for proposal, and may
establish and |
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| consider such other criteria as it deems appropriate. The Board
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| may impose a fee upon persons who respond to requests for |
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| proposal, in order to
reimburse the Board for its costs in |
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| preparing and issuing the requests and
reviewing the proposals.
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| (b) Within 5 days after the time limit for submitting bids |
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| and proposals has passed, the Board shall make all bids and |
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| proposals public. Thereafter, the Board shall evaluate the |
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| responses to its requests for proposal and
the ability of all |
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| persons or entities responding to its request for proposal
to |
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| meet the requirements of this Act and to undertake and perform |
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| the
obligations set forth in its requests for proposal.
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| (c) After reviewing proposals and subject to Gaming Board |
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| approval, the Board shall enter into a casino management |
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| contract authorizing the development, construction, or |
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| operation of a casino. Validity of the casino management |
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| contract is contingent upon the issuance of a casino operator |
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| license to the successful bidder. If the Gaming Board approves |
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| the contract and grants a casino operator license, the Board |
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| shall transmit a copy of the executed casino management |
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| contract to the Gaming Board. |
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| (d) After the Authority has been issued a casino license, |
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| the Gaming Board has issued a casino operator license, and the |
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| Gaming Board has approved the location of a temporary facility, |
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| the Authority may conduct gaming operations at a temporary |
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| facility for no longer than 12 months after gaming operations |
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| begin. The Gaming Board may, after holding a public hearing, |
8 |
| grant an extension so long as a permanent facility is not |
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| operational and the Authority is working in good faith to |
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| complete the permanent facility. The Gaming Board may grant |
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| additional extensions following a public hearing. Each |
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| extension may be for a period of no longer than 6 months. |
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| (e) Fifty percent of the total amount received as an |
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| upfront fee by the Authority pursuant to a bid for a casino |
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| management contract or an executed casino management contract |
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| or $300,000,000, whichever is greater, must be transmitted to |
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| the State and deposited into the Illinois Works Fund pursuant |
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| to Section 7.11 of the Illinois Gambling Act.
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| Section 1-50. Transfer of funds. The revenues received by |
20 |
| the Authority (other than amounts required to be paid pursuant |
21 |
| to the Illinois Gambling Act and amounts required to pay the
|
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| operating expenses of the Authority, to pay amounts due the |
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| casino operator licensee pursuant to a casino management |
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| contract, to repay any borrowing of the Authority
made pursuant |
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| to Section 1-31, to pay debt service on any bonds issued under
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| Section
1-75, and to pay any expenses in connection with the |
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| issuance of such bonds
pursuant to Section 1-75 or derivative |
3 |
| products pursuant to Section 1-85) shall
be transferred
to the
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| City by the Authority.
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| Section 1-55. Municipal distributions of proceeds from a |
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| casino; gaming endowment funds. At least 70% of the moneys that |
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| a municipality in which a casino is located receives pursuant |
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| to Section 1-50 of this Act shall be described as "gaming |
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| endowment funds" and be expended or obligated by the |
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| municipality for the following purposes and in the following |
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| amounts: |
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| (1) 40% of such gaming endowment funds shall be used |
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| for or pledged for the construction and maintenance of |
14 |
| infrastructure within the municipality, including but not |
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| limited to roads, bridges, transit infrastructure, and |
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| municipal facilities. |
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| (2) 60% of such gaming endowment funds shall be used |
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| for or pledged for the construction and maintenance of |
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| schools, parks and cultural institution facilities, and |
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| museums within the municipality. |
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| Section 1-60. Auditor General. |
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| (a) Prior to the issuance of bonds under this Act, the |
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| Authority shall submit to the Auditor General a certification |
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| that: |
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| (1) it is legally authorized to issue bonds; |
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| (2) scheduled annual payments of principal and |
3 |
| interest on the bonds to be issued meet the requirements of |
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| Section 1-75 of this Act; |
5 |
| (3) no bond shall mature later than 30 years; and |
6 |
| (4) after payment of costs of issuance and necessary |
7 |
| deposits to funds and accounts established with respect to |
8 |
| debt service on the bonds, the net bond proceeds (exclusive |
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| of any proceeds to be used to refund outstanding bonds) |
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| will be used only for the purposes set forth in this Act. |
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| The Authority also shall submit to the Auditor General its |
12 |
| projections on revenues to be generated and pledged to |
13 |
| repayment of the bonds as scheduled and such other information |
14 |
| as the Auditor General may reasonably request. |
15 |
| The Auditor General shall examine the certifications and |
16 |
| information submitted and submit a report to the Authority and |
17 |
| the Gaming Board indicating whether the required |
18 |
| certifications, projections, and other information have been |
19 |
| submitted by the Authority and that the assumptions underlying |
20 |
| the projections are not unreasonable in the aggregate. The |
21 |
| Auditor General shall submit the report no later than 60 days |
22 |
| after receiving the information required to be submitted by the |
23 |
| Authority. |
24 |
| The Authority shall not issue bonds until it receives the |
25 |
| report from the Auditor General indicating the requirements of |
26 |
| this Section have been met. The Auditor General's report shall |
|
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09500HB2651sam003 |
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1 |
| not be in the nature of a post-audit or examination and shall |
2 |
| not lead to the issuance of an opinion, as that term is defined |
3 |
| in generally accepted government auditing standards. The |
4 |
| Auditor General shall submit a bill to the Authority for costs |
5 |
| associated with the examinations and report required under this |
6 |
| Section. The Authority shall reimburse in a timely manner. |
7 |
| (b) The Auditor General has the authority and is required |
8 |
| to conduct a financial and management audit of the Authority |
9 |
| every 2 years. The Auditor General shall also conduct one |
10 |
| post-construction and financing audit of the casino after it is |
11 |
| completed and in operation. The Auditor General's audits must |
12 |
| be posted on his or her Internet website. The Auditor General |
13 |
| shall submit a bill to the Authority for costs associated with |
14 |
| the audits required under this Section. The Authority shall |
15 |
| reimburse in a timely manner.
|
16 |
| Section 1-62. Advisory committee. An Advisory Committee is |
17 |
| established to monitor, review, and report on (1) the City's |
18 |
| utilization of minority-owned business enterprises and |
19 |
| female-owned business enterprises, (2) employment of females, |
20 |
| and (3) employment of minorities with regard to the development |
21 |
| and construction of the casino as authorized under Section 7.11 |
22 |
| of the Illinois Gambling Act. The City of Chicago shall work |
23 |
| with the Advisory Committee in accumulating necessary |
24 |
| information for the Committee to submit reports, as necessary, |
25 |
| to the General Assembly and to the City of Chicago. |
|
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| The Committee shall consist of 15 members as provided in |
2 |
| this Section. Seven members shall be selected by the Mayor of |
3 |
| the City of Chicago; 2 members shall be selected by the |
4 |
| President of the Illinois Senate; 2 members shall be selected |
5 |
| by the Speaker of the House of Representatives; 2 members shall |
6 |
| be selected by the Minority Leader of the Senate; and 2 members |
7 |
| shall be selected by the Minority Leader of the House of |
8 |
| Representatives. The Advisory Committee shall meet |
9 |
| periodically and shall report the information to the Mayor of |
10 |
| the City and to the General Assembly by December 31st of every |
11 |
| year. |
12 |
| The Advisory Committee shall be dissolved on the date that |
13 |
| casino gambling operations are first conducted under the |
14 |
| license authorized under Section 7.11 of the Illinois Gambling |
15 |
| Act, other than at a temporary facility. |
16 |
| For the purposes of this Section, the terms "female" and |
17 |
| "minority person" have the meanings provided in Section 2 of |
18 |
| the Business Enterprise for Minorities, Females, and Persons |
19 |
| with Disabilities Act.
|
20 |
| Section 1-65. Acquisition of property; eminent domain |
21 |
| proceedings. For the lawful purposes of this Act, the City may |
22 |
| acquire by eminent
domain or by condemnation proceedings in the |
23 |
| manner provided by the Eminent Domain Act, real or personal |
24 |
| property or interests in real
or personal property located in |
25 |
| the City, and the City may convey to the Authority
property so |
|
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09500HB2651sam003 |
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| acquired. The acquisition of property under this Section is
|
2 |
| declared to be for a public use.
|
3 |
| Section 1-70. Local regulation. The casino facilities and |
4 |
| operations therein
shall be subject to all ordinances and |
5 |
| regulations of the City. The
construction, development, and |
6 |
| operation of the casino shall comply with all
ordinances, |
7 |
| regulations, rules, and controls of the City, including but not
|
8 |
| limited to those relating to zoning and planned development, |
9 |
| building, fire
prevention, and land use. However, the |
10 |
| regulation of gaming operations is
subject to the exclusive |
11 |
| jurisdiction of the Gaming Board.
|
12 |
| Section 1-75. Borrowing. |
13 |
| (a) The Authority may borrow money and
issue bonds as |
14 |
| provided in this Section. Bonds of the Authority may be issued
|
15 |
| to provide funds for land acquisition, site assembly and |
16 |
| preparation, and the design and construction of the casino, as |
17 |
| defined in the Illinois Gambling Act, all ancillary and related |
18 |
| facilities comprising the casino complex, and all on-site and |
19 |
| off-site infrastructure improvements required in connection |
20 |
| with the development of the casino; to refund (at the time or |
21 |
| in advance of any maturity or
redemption) or redeem any bonds |
22 |
| of the Authority; to provide or increase a
debt
service reserve |
23 |
| fund or other reserves with respect to any or all of its bonds;
|
24 |
| or to pay the legal, financial, administrative, bond
insurance, |
|
|
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| credit enhancement, and other legal expenses of the |
2 |
| authorization,
issuance, or delivery of bonds. In this Act, the |
3 |
| term "bonds" also includes
notes of any kind, interim |
4 |
| certificates, refunding bonds, or any other evidence
of |
5 |
| obligation for borrowed money issued under this Section. Bonds |
6 |
| may be
issued in one or more series and may be payable and |
7 |
| secured either on a parity
with or separately from other bonds.
|
8 |
| (b) The bonds of the Authority shall be payable from one or |
9 |
| more of
the following sources: (i) the property or revenues of |
10 |
| the Authority; (ii)
revenues derived from the casino; (iii) |
11 |
| revenues derived from any casino
operator licensee; (iv) fees, |
12 |
| bid proceeds, charges, lease payments, payments required |
13 |
| pursuant to any
casino management contract or other revenues |
14 |
| payable to the
Authority, or any
receipts of the Authority; (v) |
15 |
| payments by financial institutions, insurance
companies, or |
16 |
| others pursuant to letters or lines of credit, policies of
|
17 |
| insurance, or purchase agreements; (vi) investment earnings |
18 |
| from funds or
accounts maintained pursuant to a bond resolution |
19 |
| or trust indenture; (vii)
proceeds of refunding bonds; (viii) |
20 |
| any other revenues derived from or payments by the City; and |
21 |
| (ix) any payments by any casino operator licensee or others |
22 |
| pursuant to any guaranty agreement.
|
23 |
| (c) Bonds shall be authorized by a resolution of the |
24 |
| Authority and may be
secured by a trust indenture by and |
25 |
| between the Authority and a corporate
trustee or trustees, |
26 |
| which may be any trust company or bank having the powers
of a |
|
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| trust company within or without the State. Bonds shall meet the |
2 |
| following requirements:
|
3 |
| (1) Bonds shall bear interest at a rate not to exceed |
4 |
| the maximum rate authorized by the Bond Authorization Act.
|
5 |
| (2) Bonds issued pursuant to this Section must be |
6 |
| issued with principal or mandatory redemption amounts in |
7 |
| equal amounts, with the first maturity issued occurring |
8 |
| within the fiscal year in which the bonds are issued or |
9 |
| within the next succeeding fiscal year, and with bonds |
10 |
| maturing or subject to mandatory redemption each fiscal |
11 |
| year thereafter up to 30 years. |
12 |
| (3) At least 25%, based on total principal amount, of |
13 |
| all bonds issued pursuant to this Section shall be sold |
14 |
| pursuant to notice of sale and public bid. No more than |
15 |
| 75%, based on total principal amount, of all bonds issued |
16 |
| pursuant to this Section shall be sold by negotiated sale.
|
17 |
| (4) Bonds shall be payable at a time or times, in the |
18 |
| denominations and form,
including book entry form, either |
19 |
| coupon, registered, or both, and carry the
registration and |
20 |
| privileges as to exchange, transfer or conversion, and
|
21 |
| replacement of mutilated, lost, or destroyed bonds as the |
22 |
| resolution or trust
indenture may provide.
|
23 |
| (5) Bonds shall be payable in lawful money of the |
24 |
| United States at a designated
place.
|
25 |
| (6) Bonds shall be subject to the terms of purchase, |
26 |
| payment, redemption, refunding,
or refinancing that the |
|
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| resolution or trust indenture provides.
|
2 |
| (7) Bonds shall be executed by the manual or facsimile |
3 |
| signatures of the officers
of the Authority designated by |
4 |
| the Board, which signatures shall be valid at
delivery even
|
5 |
| for one who has ceased to hold office.
|
6 |
| (8) Bonds shall be sold at public or private sale in |
7 |
| the manner and upon the terms
determined by the Authority.
|
8 |
| (9) Bonds shall be issued in accordance with the |
9 |
| provisions of the Local
Government Debt Reform Act.
|
10 |
| (d) The Authority shall adopt a procurement program with |
11 |
| respect to contracts relating to underwriters, bond counsel, |
12 |
| financial advisors, and accountants. The program shall include |
13 |
| goals for the payment of not less than 30% of the total dollar |
14 |
| value of the fees from these contracts to minority owned |
15 |
| businesses and female owned businesses as defined in the |
16 |
| Business Enterprise for Minorities, Females, and Persons with |
17 |
| Disabilities Act. The Authority shall conduct outreach to |
18 |
| minority owned businesses and female owned businesses. |
19 |
| Outreach shall include, but is not limited to, advertisements |
20 |
| in periodicals and newspapers, mailings, and other appropriate |
21 |
| media. The Authority shall submit to the General Assembly a |
22 |
| comprehensive report that shall include, at a minimum, the |
23 |
| details of the procurement plan, outreach efforts, and the |
24 |
| results of the efforts to achieve goals for the payment of |
25 |
| fees. |
26 |
| (e) Subject to the Illinois Gambling Act and rules of the |
|
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| Gaming Board regarding pledging
of interests in holders of |
2 |
| owners licenses, any resolution or trust indenture may contain |
3 |
| provisions that may be a part of
the contract with the holders |
4 |
| of the bonds as to the following:
|
5 |
| (1) Pledging, assigning, or directing the use, |
6 |
| investment, or disposition
of revenues of the Authority or |
7 |
| proceeds or benefits of any contract, including
without |
8 |
| limitation, any rights in any casino management
contract.
|
9 |
| (2) The setting aside of loan funding deposits, debt |
10 |
| service reserves, replacement or operating reserves, cost |
11 |
| of
issuance accounts and sinking funds, and the regulation, |
12 |
| investment, and
disposition thereof.
|
13 |
| (3) Limitations on the purposes to which or the |
14 |
| investments in which the
proceeds of sale of any issue of |
15 |
| bonds or the Authority's revenues and
receipts may be |
16 |
| applied or made.
|
17 |
| (4) Limitations on the issue of additional bonds, the |
18 |
| terms upon which
additional bonds may be issued and |
19 |
| secured, the terms upon which additional
bonds may rank on |
20 |
| a parity with, or be subordinate or superior to, other |
21 |
| bonds.
|
22 |
| (5) The refunding, advance refunding, or refinancing |
23 |
| of outstanding bonds.
|
24 |
| (6) The procedure, if any, by which the terms of any |
25 |
| contract with
bondholders may be altered or amended and the |
26 |
| amount of bonds and holders of
which must consent thereto |
|
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| and the manner in which consent shall be given.
|
2 |
| (7) Defining the acts or omissions which shall |
3 |
| constitute a default in the
duties of the Authority to |
4 |
| holders of bonds and providing the rights or
remedies of |
5 |
| such holders in the event of a default, which may include
|
6 |
| provisions
restricting individual rights of action by |
7 |
| bondholders.
|
8 |
| (8) Providing for guarantees, pledges of property, |
9 |
| letters of credit, or
other security,
or insurance for the |
10 |
| benefit of bondholders.
|
11 |
| (f) No member of the Board, nor any person executing the |
12 |
| bonds, shall be
liable personally on the bonds or subject to |
13 |
| any personal liability by reason
of the issuance of the bonds.
|
14 |
| (g) The Authority may issue and secure bonds in accordance |
15 |
| with the
provisions of the Local Government Credit Enhancement |
16 |
| Act.
|
17 |
| (h) A pledge by the Authority of revenues and receipts as |
18 |
| security for an
issue of bonds or for the performance of its |
19 |
| obligations under any casino
management contract shall
be valid |
20 |
| and binding from the time when the pledge is made. The revenues |
21 |
| and
receipts pledged shall immediately be subject to the lien |
22 |
| of the pledge without
any physical delivery or further act,
and |
23 |
| the lien of any pledge shall be valid and binding against any |
24 |
| person having
any claim of any kind in tort, contract, or |
25 |
| otherwise against the Authority,
irrespective of whether the |
26 |
| person has notice. No resolution, trust indenture,
management |
|
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| agreement or financing statement, continuation statement, or |
2 |
| other
instrument adopted or entered into by the Authority need |
3 |
| be filed or recorded
in any public record other than the |
4 |
| records of the Authority in order to
perfect the lien against |
5 |
| third persons, regardless of any contrary provision of
law.
|
6 |
| (i) Bonds that are being paid or retired by issuance, sale, |
7 |
| or delivery of
bonds, and bonds for which sufficient funds have |
8 |
| been deposited with the paying
agent or trustee to provide for |
9 |
| payment of principal and interest thereon, and
any redemption |
10 |
| premium, as provided in the authorizing resolution, shall not |
11 |
| be
considered outstanding for the purposes of this subsection.
|
12 |
| (j) The bonds of the Authority shall not be indebtedness of |
13 |
| the
State.
The bonds of the Authority are not general |
14 |
| obligations of the State and are not secured by a pledge of the |
15 |
| full faith and
credit of the State and the holders of bonds of |
16 |
| the Authority may
not require, except as provided in this Act, |
17 |
| the application of State revenues or
funds to the payment of |
18 |
| bonds of the Authority.
|
19 |
| (k) The State of
Illinois pledges and agrees with the |
20 |
| owners of the bonds that it will not limit
or alter the rights |
21 |
| and powers vested in the Authority by this Act so as to
impair |
22 |
| the terms of any contract made by the Authority with the owners |
23 |
| or in
any way impair the rights and remedies of the owners |
24 |
| until the bonds, together
with interest on them, and all costs |
25 |
| and expenses in connection with any action
or proceedings by or |
26 |
| on behalf of the owners, are fully met and discharged.
The |
|
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09500HB2651sam003 |
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| Authority is authorized to include this pledge and
agreement in |
2 |
| any contract with the owners of bonds issued under this |
3 |
| Section.
|
4 |
| (l) No person holding an elective office in this State, |
5 |
| holding a seat in the General Assembly, or serving as a board |
6 |
| member, trustee, officer, or employee of the Authority, |
7 |
| including the spouse of that person, may receive a legal, |
8 |
| banking, consulting, or other fee related to the issuance of |
9 |
| bonds.
|
10 |
| Section 1-85. Derivative products. With respect to all or |
11 |
| part of any issue
of its bonds, the Authority may enter into |
12 |
| agreements or contracts with any
necessary or appropriate |
13 |
| person, which will have the benefit of providing to
the
|
14 |
| Authority an interest rate basis, cash flow basis, or other |
15 |
| basis different
from that provided in the bonds for the payment |
16 |
| of interest. Such agreements
or contracts may include, without |
17 |
| limitation, agreements or contracts commonly
known as |
18 |
| "interest rate swap agreements", "forward payment conversion
|
19 |
| agreements", "futures", "options", "puts", or "calls" and |
20 |
| agreements or
contracts providing for payments based on levels |
21 |
| of or changes in interest
rates, agreements or contracts to |
22 |
| exchange cash flows or a series of payments,
or to hedge |
23 |
| payment, rate spread, or similar exposure.
|
24 |
| Section 1-90. Legality for investment. The State of |
|
|
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09500HB2651sam003 |
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| Illinois, all
governmental entities, all public officers, |
2 |
| banks, bankers, trust companies,
savings banks and |
3 |
| institutions, building and loan associations, savings and
loan |
4 |
| associations, investment companies, and other persons carrying |
5 |
| on a
banking
business, insurance companies, insurance |
6 |
| associations, and other persons
carrying on an insurance |
7 |
| business, and all executors, administrators,
guardians, |
8 |
| trustees, and other fiduciaries may legally invest any sinking
|
9 |
| funds,
moneys, or other funds belonging to them or within their |
10 |
| control in
any bonds issued under this Act. However, nothing in |
11 |
| this Section shall be
construed as relieving any person, firm, |
12 |
| or corporation from any duty of
exercising reasonable care in |
13 |
| selecting securities for purchase or investment.
|
14 |
| Section 1-95. Tax exemption. The Authority and all of its |
15 |
| operations and
property used for public purposes shall be |
16 |
| exempt from all taxation of any kind
imposed by the State of |
17 |
| Illinois or any political subdivision, school district,
|
18 |
| municipal corporation, or unit of local government of the State |
19 |
| of Illinois.
However, nothing in this Act prohibits the |
20 |
| imposition of any other taxes where
such imposition is not |
21 |
| prohibited by Section 21 of the Illinois Gambling Act.
|
22 |
| Section 1-105. Budgets and reporting.
|
23 |
| (a) The Board shall annually adopt a budget for each
fiscal |
24 |
| year. The budget may be modified from time to time in the same |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
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| manner
and upon the same vote as it may be adopted. The budget |
2 |
| shall include the
Authority's available funds and estimated |
3 |
| revenues and shall provide for
payment of its obligations and |
4 |
| estimated expenditures for the fiscal year,
including, without |
5 |
| limitation, expenditures for administration, operation,
|
6 |
| maintenance and repairs, debt service, and deposits into |
7 |
| reserve and other
funds
and capital projects.
|
8 |
| (b) The Board shall annually cause the finances of the |
9 |
| Authority to be
audited by a firm of certified public |
10 |
| accountants and post the firm's audits of the Authority on the |
11 |
| Authority's Internet website.
|
12 |
| (c) The Board shall, for each fiscal year, prepare an |
13 |
| annual report
setting forth information concerning its |
14 |
| activities in the fiscal year and the
status of the development |
15 |
| of the casino. The annual report shall include the
audited |
16 |
| financial statements of the Authority for the fiscal year, the |
17 |
| budget
for the succeeding fiscal year, and the current capital |
18 |
| plan as of the date of
the report. Copies of the annual report |
19 |
| shall be made available to persons who
request them and shall |
20 |
| be submitted not later than 120 days after the end of
the |
21 |
| Authority's fiscal year to the Governor, the Mayor, the General |
22 |
| Assembly, and the Commission on Government Forecasting and |
23 |
| Accountability.
|
24 |
| Section 1-110. Deposit and withdrawal of funds. |
25 |
| (a) All funds deposited by the Authority in any bank or |
|
|
|
09500HB2651sam003 |
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| savings and loan
association shall be placed in the name of the |
2 |
| Authority and shall be withdrawn
or paid out only by check or |
3 |
| draft upon the bank or savings and loan
association, signed by |
4 |
| 2 officers or employees designated by the Board.
|
5 |
| Notwithstanding any other provision of this Section, the Board |
6 |
| may designate
any of its members or any officer or employee of |
7 |
| the Authority to authorize the
wire transfer of funds deposited |
8 |
| by the secretary-treasurer of funds in a bank
or savings and |
9 |
| loan association for the payment of payroll and employee
|
10 |
| benefits-related expenses.
|
11 |
| No bank or savings and loan association shall receive |
12 |
| public funds as
permitted by this Section unless it has |
13 |
| complied with the requirements
established pursuant to Section |
14 |
| 6 of the Public
Funds Investment Act.
|
15 |
| (b) If any officer or employee whose signature appears upon |
16 |
| any check
or draft issued pursuant to this Act ceases (after |
17 |
| attaching his signature) to
hold his or her office before the |
18 |
| delivery of such a check or draft to the
payee, his or her |
19 |
| signature shall nevertheless be valid and sufficient for all
|
20 |
| purposes with the same effect as if he or she had remained in |
21 |
| office until
delivery thereof.
|
22 |
| Section 1-112. Contracts with the Authority or casino |
23 |
| operator licensee; disclosure requirements. |
24 |
| (a) A bidder, respondent, offeror, or contractor must |
25 |
| disclose the names of all officers and directors. A bidder, |
|
|
|
09500HB2651sam003 |
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|
1 |
| respondent, or offeror, or contractor for contracts with the |
2 |
| Authority or casino operator licensee shall disclose the |
3 |
| identity of every owner, beneficiary, or person with beneficial |
4 |
| interest of more than 1%, or shareholder entitled to receive |
5 |
| more than 1% of the total distributable income of any |
6 |
| corporation, having any interest in the contract in the bidder, |
7 |
| respondent, offeror, or contractor. The disclosure shall be in |
8 |
| writing and attested to by an owner, trustee, corporate |
9 |
| official, or agent. If stock in a corporation is publicly |
10 |
| traded and there is no readily known individual having greater |
11 |
| than a 1% interest, then a statement to that affect attested to |
12 |
| by an officer or agent of the corporation or shall fulfill the |
13 |
| disclosure statement requirement of this Section. A bidder, |
14 |
| respondent, offeror, or contractor shall notify the Authority |
15 |
| of any changes in officers, directors, ownership, or |
16 |
| individuals having a beneficial interest of more than 1%. |
17 |
| (b) A bidder, respondent, offeror, or contractor for |
18 |
| contracts with an annual value of $10,000 or for a period to |
19 |
| exceed one year shall disclose all political contributions of |
20 |
| the bidder, respondent, offeror, or contractor and any |
21 |
| affiliated person or entity. Disclosure shall include at least |
22 |
| the names and addresses of the contributors and the dollar |
23 |
| amounts of any contributions to any political committee made |
24 |
| within the previous 2 years. The disclosure must be submitted |
25 |
| to the Gaming Board with a copy of the contract prior to Gaming |
26 |
| Board approval of the contract. The Gaming Board shall refuse |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| to approve any contract that does not include the required |
2 |
| disclosure. |
3 |
| (c) As used in this Section: |
4 |
| "Contribution" means contribution as defined in Section |
5 |
| 9-1.4 of the Election Code. |
6 |
| "Affiliated person" means (i) any person with any ownership |
7 |
| interest or distributive share of the bidding, responding, or |
8 |
| contracting entity in excess of 1%, (ii) executive employees of |
9 |
| the bidding, responding, or contracting entity, and (iii) the |
10 |
| spouse and minor children of any such persons. |
11 |
| "Affiliated entity" means (i) any parent or subsidiary of |
12 |
| the bidding or contracting entity, (ii) any member of the same |
13 |
| unitary business group, or (iii) any political committee for |
14 |
| which the bidding, responding, or contracting entity is the |
15 |
| sponsoring entity. |
16 |
| (d) The Gaming Board may direct the Authority or a casino |
17 |
| operator licensee to void a contract if a violation of this |
18 |
| Section occurs. The Authority may direct a casino operator |
19 |
| licensee to void a contract if a violation of this Section |
20 |
| occurs. |
21 |
| Section 1-115. Purchasing. |
22 |
| (a) All construction contracts and contracts for supplies, |
23 |
| materials,
equipment, and services,
when the cost thereof to |
24 |
| the Authority exceeds $25,000, shall be let by a competitive |
25 |
| selection process to
the lowest responsible proposer, after |
|
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| advertising for proposals, except for the
following:
|
2 |
| (1) When repair parts, accessories, equipment, or |
3 |
| services are required
for
equipment or services previously |
4 |
| furnished or contracted for;
|
5 |
| (2) Professional services;
|
6 |
| (3) When services such as water, light, heat, power, |
7 |
| telephone (other than
long-distance service), or telegraph |
8 |
| are required;
|
9 |
| (4) When contracts for the use, purchase, delivery, |
10 |
| movement, or
installation of data processing equipment, |
11 |
| software, or services and
telecommunications equipment,
|
12 |
| software, and services are required;
|
13 |
| (5) Casino management contracts, which shall be |
14 |
| awarded as
set forth in Section 1-45 of this Act.
|
15 |
| (b) All contracts involving less than $25,000 shall be let |
16 |
| by competitive
selection process whenever possible, and in any |
17 |
| event in a manner calculated to ensure
the best interests of |
18 |
| the public.
|
19 |
| (c) In determining the responsibility of any proposer, the |
20 |
| Authority may take
into account the proposer's (or an |
21 |
| individual having a beneficial interest,
directly or |
22 |
| indirectly, of more than 1% in such proposing entity) past |
23 |
| record of
dealings with the Authority, the proposer's |
24 |
| experience, adequacy of equipment,
and ability to complete |
25 |
| performance within the time set, and other factors
besides |
26 |
| financial responsibility. No such contract shall be awarded to |
|
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| any proposer other than the lowest proposer (in case of |
2 |
| purchase or
expenditure) unless authorized or approved by a |
3 |
| vote of at least 2 members of
the Board and such action is |
4 |
| accompanied by a written statement setting forth the reasons |
5 |
| for not awarding the contract to the highest or
lowest |
6 |
| proposer, as the case
may be. The statement shall be kept on |
7 |
| file in the principal office of the
Authority and open to |
8 |
| public inspection.
|
9 |
| (d) The Authority shall have the right to reject all |
10 |
| proposals and to
re-advertise for proposals. If after
any such |
11 |
| re-advertisement, no responsible and satisfactory proposals, |
12 |
| within the
terms of the re-advertisement, is received, the |
13 |
| Authority may award such
contract without competitive |
14 |
| selection, provided that the Gaming Board must approve the |
15 |
| contract prior to its execution. The contract must not be less
|
16 |
| advantageous to the Authority than any valid proposal received |
17 |
| pursuant to
advertisement.
|
18 |
| (e) Advertisements for proposals and re-proposals shall be |
19 |
| published at least once in
a daily newspaper of general |
20 |
| circulation published in the City
at least 10 calendar days |
21 |
| before the time for
receiving proposals, and such |
22 |
| advertisements shall also be posted on readily
accessible |
23 |
| bulletin boards in the principal office of the Authority. Such
|
24 |
| advertisements shall state the time and
place for receiving and |
25 |
| opening of proposals and, by reference to plans and
|
26 |
| specifications on file at the time of the first publication or |
|
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| in the
advertisement itself, shall describe the character of |
2 |
| the proposed contract in
sufficient detail to fully advise |
3 |
| prospective proposers of their obligations and
to ensure free |
4 |
| and open competitive selection.
|
5 |
| (f) All proposals in response to advertisements shall be |
6 |
| sealed and shall be
publicly opened by the Authority. All |
7 |
| proposers shall be entitled to be present
in person or by |
8 |
| representatives. Cash or a certified or satisfactory cashier's
|
9 |
| check, as a deposit of good faith, in a reasonable amount to be |
10 |
| fixed by the
Authority before advertising for proposals, shall |
11 |
| be required with the proposal. A bond for faithful performance |
12 |
| of the contract with surety or
sureties satisfactory to the
|
13 |
| Authority and adequate insurance may be required in reasonable |
14 |
| amounts to be
fixed by the Authority before advertising for |
15 |
| proposals.
|
16 |
| (g) The contract shall be awarded as promptly as possible |
17 |
| after the opening
of proposals. The proposal of the successful |
18 |
| proposer, as well as the bids of the
unsuccessful proposers, |
19 |
| shall be placed on file and be open to public inspection.
All |
20 |
| proposals shall be void if any disclosure of the terms of any |
21 |
| proposals in response
to an advertisement is made or permitted |
22 |
| to be made by the Authority before the
time fixed for opening |
23 |
| proposals.
|
24 |
| (h) Notice of each and every contract that is
offered, |
25 |
| including renegotiated contracts and change orders,
shall be |
26 |
| published in an online bulletin. The online bulletin must |
|
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| include at least the date first offered,
the date submission of |
2 |
| offers is due, the location that offers are to be
submitted to, |
3 |
| a brief purchase description, the method of source selection,
|
4 |
| information of how to obtain a comprehensive purchase |
5 |
| description and any
disclosure and contract forms, and |
6 |
| encouragement to prospective vendors to hire qualified |
7 |
| veterans, as defined by Section 45-67 of the Illinois |
8 |
| Procurement Code, and Illinois residents discharged from any |
9 |
| Illinois adult correctional center. Notice of each and every |
10 |
| contract that is let
or awarded, including renegotiated |
11 |
| contracts and change orders, shall be
published in the online |
12 |
| bulletin and
must include at least all of the
information |
13 |
| specified in this item (h), as well as the name of the |
14 |
| successful
responsible proposer or offeror, the contract |
15 |
| price, and the number of unsuccessful
responsive proposers and |
16 |
| any other disclosure specified in this Section. This notice |
17 |
| must be posted in the online electronic bulletin prior to |
18 |
| execution of the contract.
|
19 |
| Section 1-130. Affirmative action and equal opportunity |
20 |
| obligations of
Authority. |
21 |
| (a) The Authority is subject to the requirements of Article |
22 |
| V of Chapter 2-92 (Sections 2-92-650 through 2-92-720 |
23 |
| inclusive) of the Chicago Municipal Code, as now or hereafter |
24 |
| amended, renumbered, or succeeded, concerning a Minority-Owned |
25 |
| and Women-Owned Business Enterprise Procurement Program for |
|
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| construction contracts, and Chapter 2-92-420 et. seq. of the |
2 |
| Chicago Municipal Code, as now or hereafter amended, |
3 |
| renumbered, or succeeded, concerning a Minority-Owned and |
4 |
| Women-Owned Business Enterprise Procurement Program to |
5 |
| determine the status of a firm as a Minority Business |
6 |
| Enterprise for city procurement purposes.
|
7 |
| (b) The Authority is authorized to enter into agreements |
8 |
| with contractors'
associations, labor unions, and the |
9 |
| contractors working on the development of
the casino to |
10 |
| establish an apprenticeship preparedness training program to
|
11 |
| provide for an increase in the number of minority and female |
12 |
| journeymen and
apprentices in the building trades and to enter |
13 |
| into agreements with
community college districts or other |
14 |
| public or private institutions to provide
readiness training. |
15 |
| The Authority is further authorized to enter into
contracts |
16 |
| with public and private educational institutions and persons in |
17 |
| the
gaming, entertainment, hospitality, and tourism industries |
18 |
| to provide training
for employment in those industries.
|
19 |
| ARTICLE 5. |
20 |
| Section 5-1. Short title. This Article may be cited as the |
21 |
| Illinois Casino Development Authority Act.
|
22 |
| Section 5-5. Definitions.
As used in this Act:
|
23 |
| "Casino" means one temporary land-based facility and a |
|
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| permanent land-based facility.
|
2 |
| "Casino management contract" means a legally binding
|
3 |
| agreement between the State Authority and a State casino |
4 |
| operator licensee to operate or manage a casino.
|
5 |
| "Executive director" means the person appointed by the |
6 |
| State Board to oversee the
daily operations of the State |
7 |
| Authority.
|
8 |
| "Gaming Board" means the Illinois Gaming Board created by |
9 |
| the Illinois Gambling Act.
|
10 |
| "State" means the State of Illinois. |
11 |
| "State Authority" means the Illinois Casino Development |
12 |
| Authority created by this
Act. |
13 |
| "State Board" means the board appointed pursuant to this |
14 |
| Act to govern and control
the State Authority.
|
15 |
| "State casino operator licensee" means any person or entity |
16 |
| selected by the State Authority and approved and licensed by |
17 |
| the Gaming Board to manage and operate a casino within the |
18 |
| State of Illinois pursuant to a casino management contract.
|
19 |
| Section 5-12. Creation of the State Authority. After the 5 |
20 |
| members of the Illinois Gaming Board are appointed and |
21 |
| qualified pursuant to this amendatory Act of the 95th General |
22 |
| Assembly, if the Gaming Board determines pursuant to subsection |
23 |
| (h) of Section 5 of the Illinois Gambling Act that public |
24 |
| ownership of the casino license issued pursuant to Section |
25 |
| 7.11a of the Illinois Gambling Act is in the best interest of |
|
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| the State, there is hereby created a political subdivision, |
2 |
| unit of State government with only the powers authorized by |
3 |
| law, and body politic, by the name and style of the Illinois |
4 |
| Casino Development Authority. |
5 |
| Section 5-13. Duties of the State Authority. It shall be |
6 |
| the duty of the State Authority, as a casino licensee under the |
7 |
| Illinois Gambling Act, to promote, operate, and maintain a |
8 |
| casino in the State. The State Authority shall construct, |
9 |
| equip, and maintain grounds, buildings, and facilities for that |
10 |
| purpose. The State Authority has the right to contract with a |
11 |
| casino operator licensee and other third parties in order to |
12 |
| fulfill its purpose. The State Authority is granted all rights |
13 |
| and powers necessary to perform such duties. |
14 |
| Section 5-15. State Board. |
15 |
| (a) The governing and administrative powers of the State |
16 |
| Authority shall be vested
in a body known as the State Casino |
17 |
| Development Board. The State Board shall
consist of 3 members |
18 |
| nominated by the Governor pursuant to nominations provided by |
19 |
| the Nomination Panel created under the Illinois Gambling Act in |
20 |
| the manner set forth in Section 5.3 of that Act with the advice |
21 |
| and consent of the Senate. All appointees shall be subject to a |
22 |
| background investigation and approval by the Gaming Board. One |
23 |
| of these
members shall be designated
by the Governor to serve |
24 |
| as chairperson.
All of the members
appointed by the Governor |
|
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| shall be residents of Illinois.
|
2 |
| (b) State Board members shall be entitled to reimbursement |
3 |
| of reasonable expenses incurred in the
performance of their |
4 |
| official duties.
|
5 |
| Section 5-20. Terms of appointments; resignation and |
6 |
| removal. |
7 |
| (a) The Governor shall appoint one member of the State |
8 |
| Board for an initial term expiring July 1 of the year following |
9 |
| approval by the Gaming Board, one member for an initial term |
10 |
| expiring July 1 three years following approval by the Gaming |
11 |
| Board, and one member for an initial term expiring July 1 five |
12 |
| years following approval by the Gaming Board.
|
13 |
| (b) All successors shall hold office for a term of 5 years |
14 |
| from the first day of July of the year in which they are |
15 |
| appointed, except in the case of an appointment to fill a |
16 |
| vacancy. Each member, including the chairperson, shall hold |
17 |
| office until the expiration of his or her term and until his or |
18 |
| her successor is appointed and qualified. Nothing shall |
19 |
| preclude a member from serving consecutive terms. Any member |
20 |
| may resign from office, to take effect when a successor has |
21 |
| been appointed and qualified. A vacancy in office shall occur |
22 |
| in the case of a member's death or indictment, conviction, or |
23 |
| plea of guilty to a felony. A vacancy shall be filled for the |
24 |
| unexpired term by the Governor with the approval of the Gaming |
25 |
| Board.
|
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| (c) The Governor or the Gaming Board may remove any member |
2 |
| of the State Board upon a finding of incompetence, neglect of |
3 |
| duty, or misfeasance or malfeasance in office or for a |
4 |
| violation of this Act. The Gaming Board may remove any member |
5 |
| of the State Board for any violation of the Illinois Gambling |
6 |
| Act or the rules and regulations of the Gaming Board.
|
7 |
| Section 5-25. Organization of State Board; meetings. After |
8 |
| appointment by the Governor and approval of the Gaming Board, |
9 |
| the State Board shall organize for the transaction of business. |
10 |
| The State Board shall prescribe the time and place for |
11 |
| meetings, the manner in which special meetings may be called, |
12 |
| and the notice that must be given to members. All actions and |
13 |
| meetings of the State Board shall be subject to the provisions |
14 |
| of the Open Meetings Act. Two members of the State Board shall |
15 |
| constitute a quorum. All substantive action of the State Board |
16 |
| shall be by resolution with an affirmative vote of a majority |
17 |
| of the members.
|
18 |
| Section 5-30. Executive director; officers. |
19 |
| (a) The State Board shall appoint
an executive director, |
20 |
| subject to completion of a background investigation and |
21 |
| approval by the Gaming Board, who shall be the chief executive |
22 |
| officer of the
State Authority. The State Board shall fix the |
23 |
| compensation of the executive director.
Subject to the general |
24 |
| control of the State Board, the executive director shall be
|
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| responsible for the management of the business, properties, and
|
2 |
| employees of the State Authority. The executive director shall |
3 |
| direct the
enforcement of all resolutions, rules, and |
4 |
| regulations of the State Board, and shall
perform such other |
5 |
| duties as may be prescribed from
time to time by the State |
6 |
| Board. All employees and independent contractors,
consultants, |
7 |
| engineers, architects, accountants, attorneys, financial |
8 |
| experts,
construction experts and personnel, superintendents, |
9 |
| managers, and other
personnel appointed or employed pursuant to |
10 |
| this Act shall
report to the executive director. In addition to |
11 |
| any other duties set forth in
this Act, the executive director |
12 |
| shall do all of the following:
|
13 |
| (1) Direct and supervise the administrative affairs |
14 |
| and activities of the
State Authority in accordance with |
15 |
| its rules, regulations, and policies.
|
16 |
| (2) Attend meetings of the State Board.
|
17 |
| (3) Keep minutes of all proceedings of the State Board.
|
18 |
| (4) Approve all accounts for salaries, per diem |
19 |
| payments, and allowable
expenses of the State Board and its |
20 |
| employees and consultants.
|
21 |
| (5) Report and make recommendations to the State Board |
22 |
| concerning the terms and
conditions of any casino |
23 |
| management contract.
|
24 |
| (6) Perform any other duty that the State Board |
25 |
| requires for carrying out the
provisions of this Act.
|
26 |
| (7) Devote his or her full time to the duties of the |
|
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| office and not hold
any other office or employment.
|
2 |
| (b) The State Board may select a secretary-treasurer to |
3 |
| hold office at the pleasure of the State Board. The State Board
|
4 |
| shall fix the duties of such officer.
|
5 |
| Section 5-31. General rights and powers of the State |
6 |
| Authority. In addition to the duties and powers set forth in |
7 |
| this Act, the State Authority shall have the following rights |
8 |
| and powers: |
9 |
| (1) Adopt and alter an official seal. |
10 |
| (2) Establish and change its fiscal year. |
11 |
| (3) Sue and be sued, plead and be impleaded, all in its |
12 |
| own name, and agree to binding arbitration of any dispute |
13 |
| to which it is a party. |
14 |
| (4) Adopt, amend, and repeal by-laws, rules, and |
15 |
| regulations consistent with the furtherance of the powers |
16 |
| and duties provided for. |
17 |
| (5) Maintain its principal office within the State and |
18 |
| such other offices as the State Board may designate. |
19 |
| (6) Select locations for a temporary and a permanent |
20 |
| casino, subject to final approval by the Gaming Board. |
21 |
| (7) Conduct background investigations of potential |
22 |
| State casino operator licenses, including its principals |
23 |
| or shareholders, and State Authority staff. The State |
24 |
| Authority may request the assistance of the Office of |
25 |
| Gaming Enforcement. |
|
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| (8) Employ, either as regular employees or independent |
2 |
| contractors, consultants, engineers, architects, |
3 |
| accountants, attorneys, financial experts, construction |
4 |
| experts and personnel, superintendents, managers and other |
5 |
| professional personnel, and such other personnel as may be |
6 |
| necessary in the judgment of the State Board, and fix their |
7 |
| compensation. |
8 |
| (9) Own, acquire, construct, equip, lease, operate, |
9 |
| and maintain grounds, buildings, and facilities to carry |
10 |
| out its corporate purposes and duties. |
11 |
| (10) Enter into, revoke, and modify contracts, subject |
12 |
| to final approval of the Gaming Board. |
13 |
| (11) Enter into a casino management contract subject to |
14 |
| the final approval of the Gaming Board. |
15 |
| (12) Develop, or cause to be developed by a third |
16 |
| party, a master plan for the design, planning, and |
17 |
| development of a casino. |
18 |
| (13) Negotiate and enter into intergovernmental |
19 |
| agreements with the State and its agencies and units of |
20 |
| local government, in furtherance of the powers and duties |
21 |
| of the State Board. However, the State Authority may not |
22 |
| enter into an agreement with the State Police. |
23 |
| (14) Receive and disburse funds for its own corporate |
24 |
| purposes or as otherwise specified in this Act. |
25 |
| (15) Borrow money from any source, public or private, |
26 |
| for any corporate purpose, including, without limitation, |
|
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| working capital for its operations, reserve funds, or |
2 |
| payment of interest, and to mortgage, pledge, or otherwise |
3 |
| encumber the property or funds of the State Authority and |
4 |
| to contract with or engage the services of any person in |
5 |
| connection with any financing, including financial |
6 |
| institutions, issuers of letters of credit, or insurers and |
7 |
| enter into reimbursement agreements with this person or |
8 |
| entity which may be secured as if money were borrowed from |
9 |
| the person or entity. |
10 |
| (16) Issue bonds as provided for under this Act. |
11 |
| (17) Receive and accept from any source, private or |
12 |
| public, contributions, gifts, or grants of money or |
13 |
| property to the State Authority. |
14 |
| (18) Provide for the insurance of any property, |
15 |
| operations, officers, members, agents, or employees of the |
16 |
| State Authority against any risk or hazard, to self-insure |
17 |
| or participate in joint self-insurance pools or entities to |
18 |
| insure against such risk or hazard, and to provide for the |
19 |
| indemnification of its officers, members, employees, |
20 |
| contractors, or agents against any and all risks. |
21 |
| (19) Exercise all the corporate powers granted |
22 |
| Illinois corporations under the Business Corporation Act |
23 |
| of 1983, except to the extent that powers are inconsistent |
24 |
| with those of a body politic and corporate of the State. |
25 |
| (20) Do all things necessary or convenient to carry out |
26 |
| the powers granted by this Act. |
|
|
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| Section 5-32. Ethical conduct. |
2 |
| (a) State Board members and employees of the State |
3 |
| Authority must carry out their duties and responsibilities in |
4 |
| such a manner as to promote and preserve public trust and |
5 |
| confidence in the integrity and conduct of gaming. |
6 |
| (b) Except as may be required in the conduct of official |
7 |
| duties, State Board members and employees of the State |
8 |
| Authority shall not engage in gambling on any riverboat, in any |
9 |
| casino, or in an electronic gaming facility licensed by the |
10 |
| Illinois Gaming Board or engage in legalized gambling in any |
11 |
| establishment identified by State Board action that, in the |
12 |
| judgment of the State Board, could represent a potential for a |
13 |
| conflict of interest. |
14 |
| (c) A State Board member or employee of the State Authority |
15 |
| shall not use or attempt to use his or her official position to |
16 |
| secure or attempt to secure any privilege, advantage, favor, or |
17 |
| influence for himself or herself or others. |
18 |
| (d) State Board members and employees of the State |
19 |
| Authority shall not hold or pursue employment, office, |
20 |
| position, business, or occupation that may conflict with his or |
21 |
| her official duties. Employees may engage in other gainful |
22 |
| employment so long as that employment does not interfere or |
23 |
| conflict with their duties. Such employment must be disclosed |
24 |
| to the Executive Director and approved by the State Board. |
25 |
| (e) State Board members and employees of the State |
|
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| Authority may not engage in employment, communications, or any |
2 |
| activity that may be deemed a conflict of interest. This |
3 |
| prohibition shall extend to any act identified by State Board |
4 |
| action or Gaming Board action that, in the judgment of the |
5 |
| either entity, could represent the potential for or the |
6 |
| appearance of a conflict of interest. |
7 |
| (f) State Board members and employees of the State |
8 |
| Authority may not have a financial interest, directly or |
9 |
| indirectly, in his or her own name or in the name of any other |
10 |
| person, partnership, association, trust, corporation, or other |
11 |
| entity in any contract or subcontract for the performance of |
12 |
| any work for the State Authority. This prohibition shall extend |
13 |
| to the holding or acquisition of an interest in any entity |
14 |
| identified by State Board action or Gaming Board action that, |
15 |
| in the judgment of the either entity, could represent the |
16 |
| potential for or the appearance of a financial interest. The |
17 |
| holding or acquisition of an interest in such entities through |
18 |
| an indirect means, such as through a mutual fund, shall not be |
19 |
| prohibited, expect that the Gaming Board may identify specific |
20 |
| investments or funds that, in its judgment, are so influenced |
21 |
| by gaming holdings as to represent the potential for or the |
22 |
| appearance of a conflict of interest. |
23 |
| (g) State Board members and employees of the State |
24 |
| Authority may not accept any gift, gratuity, service, |
25 |
| compensation, travel, lodging, or thing of value, with the |
26 |
| exception of unsolicited items of an incidental nature, from |
|
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| any person, corporation, or entity doing business with the |
2 |
| State Authority. |
3 |
| (h) No State Board member or employee of the State |
4 |
| Authority may, within a period of 2 years immediately after |
5 |
| termination of employment, knowingly accept employment or |
6 |
| receive compensation or fees for services from a person or |
7 |
| entity, or its parent or affiliate, that has engaged in |
8 |
| business with the State Authority that resulted in contracts |
9 |
| with an aggregate value of at least $25,000 or if that State |
10 |
| Board member or employee has made a decision that directly |
11 |
| applied to the person or entity, or its parent or affiliate. |
12 |
| (i) A spouse, child, or parent of a State Board member or |
13 |
| employee of the State Authority may not have a financial |
14 |
| interest, directly or indirectly, in his or her own name or in |
15 |
| the name of any other person, partnership, association, trust, |
16 |
| corporation, or other entity in any contract or subcontract for |
17 |
| the performance of any work for the State Authority. This |
18 |
| prohibition shall extend to the holding or acquisition of an |
19 |
| interest in any entity identified by State Board action or |
20 |
| Gaming Board action that, in the judgment of the either entity, |
21 |
| could represent the potential for or the appearance of a |
22 |
| conflict of interest. The holding or acquisition of an interest |
23 |
| in such entities through an indirect means, such as through a |
24 |
| mutual fund, shall not be prohibited, expect that the Gaming |
25 |
| Board may identify specific investments or funds that, in its |
26 |
| judgment, are so influenced by gaming holdings as to represent |
|
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| the potential for or the appearance of a conflict of interest. |
2 |
| (j) A spouse, child, or parent of a State Board member or |
3 |
| employee of the State Authority may not accept any gift, |
4 |
| gratuity, service, compensation, travel, lodging, or thing of |
5 |
| value, with the exception of unsolicited items of an incidental |
6 |
| nature, from any person, corporation, or entity doing business |
7 |
| with the State Authority. |
8 |
| (k) A spouse, child, or parent of a State Board member or |
9 |
| employee of the State Authority may not, within a period of 2 |
10 |
| years immediately after termination of employment, knowingly |
11 |
| accept employment or receive compensation or fees for services |
12 |
| from a person or entity, or its parent or affiliate, that has |
13 |
| engaged in business with the State Authority that resulted in |
14 |
| contracts with an aggregate value of at least $25,000 or if |
15 |
| that State Board member or employee has made a decision that |
16 |
| directly applied to the person or entity, or its parent or |
17 |
| affiliate. |
18 |
| (l) No State Board member or employee of the State |
19 |
| Authority may attempt, in any way, to influence any person or |
20 |
| corporation doing business with the State Authority or any |
21 |
| officer, agent, or employee thereof to hire or contract with |
22 |
| any person or corporation for any compensated work. |
23 |
| (m) Any communication between a State, county, or municipal |
24 |
| elected official and any applicant for or party to a State |
25 |
| casino management contract with the State Authority, or an |
26 |
| officer, director, or employee thereof, concerning any manner |
|
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| relating in any way to gaming or the State Authority shall be |
2 |
| disclosed to the State Board and the Gaming Board. Such |
3 |
| disclosure shall be in writing by the official within 30 days |
4 |
| of the communication and shall be filed with the State Board. |
5 |
| Disclosure must consist of the date of the communication, the |
6 |
| identity and job title of the person with whom the |
7 |
| communication was made, a brief summary of the communication, |
8 |
| the action requested or recommended, all responses made, the |
9 |
| identity and job title of the person making the response, and |
10 |
| any other pertinent information. |
11 |
| (n) Any State Board member or employee of the State |
12 |
| Authority who violates any provision of this Section is guilty |
13 |
| of a Class 4 felony.
|
14 |
| Section 5-45. Casino management contracts. |
15 |
| (a) The State Board shall develop and administer a |
16 |
| competitive sealed bidding process
for the
selection of a |
17 |
| potential State casino operator licensee to develop or operate |
18 |
| a casino within the State.
The State Board shall issue one or |
19 |
| more requests for proposals. The State Board may
establish |
20 |
| minimum financial and investment requirements to determine the
|
21 |
| eligibility of persons to respond to the State Board's requests |
22 |
| for proposal, and may
establish and consider such other |
23 |
| criteria as it deems appropriate. The State Board
may impose a |
24 |
| fee upon persons who respond to requests for proposal, in order |
25 |
| to
reimburse the State Board for its costs in preparing and |
|
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| issuing the requests and
reviewing the proposals.
|
2 |
| (b) Within 5 days after the time limit for submitting bids |
3 |
| and proposals has passed, the State Board shall make all bids |
4 |
| and proposals public. Thereafter, the State Board shall |
5 |
| evaluate the responses to its requests for proposal and
the |
6 |
| ability of all persons or entities responding to its request |
7 |
| for proposal
to meet the requirements of this Act and to |
8 |
| undertake and perform the
obligations set forth in its requests |
9 |
| for proposal.
|
10 |
| (c) After reviewing proposals and subject to Gaming Board |
11 |
| approval, the State Board shall enter into a casino management |
12 |
| contract authorizing the development, construction, or |
13 |
| operation of a casino. Validity of the casino management |
14 |
| contract is contingent upon the issuance of a State casino |
15 |
| operator license to the successful bidder. If the Gaming Board |
16 |
| approves the contract and grants a State casino operator |
17 |
| license, the State Board shall transmit a copy of the executed |
18 |
| casino management contract to the Gaming Board. |
19 |
| (d) After the State Authority has been issued a casino |
20 |
| license, the Gaming Board has issued a State casino operator |
21 |
| license, and the Gaming Board has approved the location of a |
22 |
| temporary facility, the State Authority may conduct gaming |
23 |
| operations at a temporary facility for no longer than 12 months |
24 |
| after gaming operations begin. The Gaming Board may, after |
25 |
| holding a public hearing, grant an extension so long as a |
26 |
| permanent facility is not operational and the State Authority |
|
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| is working in good faith to complete the permanent facility. |
2 |
| The Gaming Board may grant additional extensions following a |
3 |
| public hearing. Each extension may be for a period of no longer |
4 |
| than 6 months. |
5 |
| (e) All amounts received as an upfront fee by the State |
6 |
| Authority pursuant to a bid for a casino management contract or |
7 |
| an executed State casino management contract must be deposited |
8 |
| into the Illinois Works Fund pursuant to Section 7.11a of the |
9 |
| Illinois Gambling Act.
|
10 |
| Section 5-50. Transfer of funds. All revenues received by |
11 |
| the State Authority shall be deposited into the Illinois Casino |
12 |
| Development Authority Fund. Other than amounts required to be |
13 |
| paid pursuant to the Illinois Gambling Act and amounts required |
14 |
| to pay the
operating expenses of the State Authority, to pay |
15 |
| amounts due the State casino operator licensee pursuant to a |
16 |
| casino management contract, to repay any borrowing of the State |
17 |
| Authority, to pay debt service on any bonds issued, and to pay |
18 |
| any expenses in connection with the issuance of such bonds
or |
19 |
| derivative products, all remaining moneys in the Illinois |
20 |
| Casino Development Fund shall be transferred from time to time |
21 |
| into the Illinois Works Debt Service Fund.
|
22 |
| Section 5-60. Auditor General. |
23 |
| (a) Prior to the issuance of bonds under this Act, the |
24 |
| State Authority shall submit to the Auditor General a |
|
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| certification that: |
2 |
| (1) it is legally authorized to issue bonds; |
3 |
| (2) scheduled annual payments of principal and |
4 |
| interest on the bonds to be issued meet the requirements of |
5 |
| Section 1-75 of this Act; |
6 |
| (3) no bond shall mature later than 30 years; and |
7 |
| (4) after payment of costs of issuance and necessary |
8 |
| deposits to funds and accounts established with respect to |
9 |
| debt service on the bonds, the net bond proceeds (exclusive |
10 |
| of any proceeds to be used to refund outstanding bonds) |
11 |
| will be used only for the purposes set forth in this Act. |
12 |
| The State Authority also shall submit to the Auditor |
13 |
| General its projections on revenues to be generated and pledged |
14 |
| to repayment of the bonds as scheduled and such other |
15 |
| information as the Auditor General may reasonably request. |
16 |
| The Auditor General shall examine the certifications and |
17 |
| information submitted and submit a report to the State |
18 |
| Authority and the Gaming Board indicating whether the required |
19 |
| certifications, projections, and other information have been |
20 |
| submitted by the State Authority and that the assumptions |
21 |
| underlying the projections are not unreasonable in the |
22 |
| aggregate. The Auditor General shall submit the report no later |
23 |
| than 60 days after receiving the information required to be |
24 |
| submitted by the State Authority. |
25 |
| The State Authority shall not issue bonds until it receives |
26 |
| the report from the Auditor General indicating the requirements |
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| of this Section have been met. The Auditor General's report |
2 |
| shall not be in the nature of a post-audit or examination and |
3 |
| shall not lead to the issuance of an opinion, as that term is |
4 |
| defined in generally accepted government auditing standards. |
5 |
| The Auditor General shall submit a bill to the State Authority |
6 |
| for costs associated with the examinations and report required |
7 |
| under this Section. The State Authority shall reimburse in a |
8 |
| timely manner. |
9 |
| (b) The Auditor General has the authority and is required |
10 |
| to conduct a financial and management audit of the State |
11 |
| Authority every 2 years. The Auditor General shall also conduct |
12 |
| one post-construction and financing audit of the casino after |
13 |
| it is completed and in operation. The Auditor General's audits |
14 |
| must be posted on his or her Internet website. The Auditor |
15 |
| General shall submit a bill to the State Authority for costs |
16 |
| associated with the audits required under this Section. The |
17 |
| State Authority shall reimburse in a timely manner.
|
18 |
| Section 5-62. Advisory committee. An Advisory Committee is |
19 |
| established to monitor, review, and report on (1) the State |
20 |
| Authority's utilization of minority-owned business enterprises |
21 |
| and female-owned business enterprises, (2) employment of |
22 |
| females, and (3) employment of minority persons with regard to |
23 |
| the development and construction of the casino as authorized |
24 |
| under Section 7.11a of the Illinois Gambling Act. The State |
25 |
| Authority shall work with the Advisory Committee in |
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| accumulating necessary information for the Committee to submit |
2 |
| reports, as necessary, to the General Assembly and to the |
3 |
| Governor. |
4 |
| The Committee shall consist of 15 members as provided in |
5 |
| this Section. Seven members shall be selected by the Governor; |
6 |
| 2 members shall be selected by the President of the Illinois |
7 |
| Senate; 2 members shall be selected by the Speaker of the House |
8 |
| of Representatives; 2 members shall be selected by the Minority |
9 |
| Leader of the Senate; and 2 members shall be selected by the |
10 |
| Minority Leader of the House of Representatives. The Advisory |
11 |
| Committee shall meet periodically and shall report the |
12 |
| information to the Governor and to the General Assembly by |
13 |
| December 31st of every year. |
14 |
| The Advisory Committee shall be dissolved on the date that |
15 |
| casino gambling operations are first conducted under the |
16 |
| license authorized under Section 7.11a of the Illinois Gambling |
17 |
| Act, other than at a temporary facility. |
18 |
| For the purposes of this Section, the terms "female" and |
19 |
| "minority person" have the meanings provided in Section 2 of |
20 |
| the Business Enterprise for Minorities, Females, and Persons |
21 |
| with Disabilities Act.
|
22 |
| Section 5-65. Acquisition of property; eminent domain |
23 |
| proceedings. For the lawful purposes of this Act, the State |
24 |
| Authority may acquire by eminent
domain or by condemnation |
25 |
| proceedings in the manner provided by the Eminent Domain Act, |
|
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| real or personal property or interests in real
or personal |
2 |
| property located in the State. The acquisition of property |
3 |
| under this Section is
declared to be for a public use.
|
4 |
| Section 5-70. Local regulation. The casino facilities and |
5 |
| operations therein
shall be subject to all ordinances and |
6 |
| regulations of the municipality in which the casino is located. |
7 |
| The
construction, development, and operation of the casino |
8 |
| shall comply with all
ordinances, regulations, rules, and |
9 |
| controls of the city in which the casino is located, including |
10 |
| but not
limited to those relating to zoning and planned |
11 |
| development, building, fire
prevention, and land use. However, |
12 |
| the regulation of gaming operations is
subject to the exclusive |
13 |
| jurisdiction of the Gaming Board.
|
14 |
| Section 5-75. Borrowing. |
15 |
| (a) The State Authority may borrow money and
issue bonds as |
16 |
| provided in this Section. Bonds of the State Authority may be |
17 |
| issued
to provide funds for land acquisition, site assembly and |
18 |
| preparation, and the design and construction of the casino, as |
19 |
| defined in the Illinois Gambling Act, all ancillary and related |
20 |
| facilities comprising the casino complex, and all on-site and |
21 |
| off-site infrastructure improvements required in connection |
22 |
| with the development of the casino; to refund (at the time or |
23 |
| in advance of any maturity or
redemption) or redeem any bonds |
24 |
| of the State Authority; to provide or increase a
debt
service |
|
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| reserve fund or other reserves with respect to any or all of |
2 |
| its bonds;
or to pay the legal, financial, administrative, bond
|
3 |
| insurance, credit enhancement, and other legal expenses of the |
4 |
| authorization,
issuance, or delivery of bonds. In this Act, the |
5 |
| term "bonds" also includes
notes of any kind, interim |
6 |
| certificates, refunding bonds, or any other evidence
of |
7 |
| obligation for borrowed money issued under this Section. Bonds |
8 |
| may be
issued in one or more series and may be payable and |
9 |
| secured either on a parity
with or separately from other bonds.
|
10 |
| (b) The bonds of the State Authority shall be payable from |
11 |
| one or more of
the following sources: (i) the property or |
12 |
| revenues of the State Authority; (ii)
revenues derived from the |
13 |
| casino; (iii) revenues derived from any State casino
operator |
14 |
| licensee; (iv) fees, bid proceeds, charges, lease payments, |
15 |
| payments required pursuant to any
casino management contract or |
16 |
| other revenues payable to the
State Authority, or any
receipts |
17 |
| of the State Authority; (v) payments by financial institutions, |
18 |
| insurance
companies, or others pursuant to letters or lines of |
19 |
| credit, policies of
insurance, or purchase agreements; (vi) |
20 |
| investment earnings from funds or
accounts maintained pursuant |
21 |
| to a bond resolution or trust indenture; (vii)
proceeds of |
22 |
| refunding bonds; and (viii) any payments by any State casino |
23 |
| operator licensee or others pursuant to any guaranty agreement.
|
24 |
| (c) Bonds shall be authorized by a resolution of the State |
25 |
| Board and may be
secured by a trust indenture by and between |
26 |
| the State Board and a corporate
trustee or trustees, which may |
|
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| be any trust company or bank having the powers
of a trust |
2 |
| company within or without the State. Bonds shall meet the |
3 |
| following requirements:
|
4 |
| (1) Bonds shall bear interest at a rate not to exceed |
5 |
| the maximum rate authorized by the Bond Authorization Act.
|
6 |
| (2) Bonds issued pursuant to this Section must be |
7 |
| issued with principal or mandatory redemption amounts in |
8 |
| equal amounts, with the first maturity issued occurring |
9 |
| within the fiscal year in which the bonds are issued or |
10 |
| within the next succeeding fiscal year, and with bonds |
11 |
| maturing or subject to mandatory redemption each fiscal |
12 |
| year thereafter up to 30 years. |
13 |
| (3) At least 25%, based on total principal amount, of |
14 |
| all bonds issued pursuant to this Section shall be sold |
15 |
| pursuant to notice of sale and public bid. No more than |
16 |
| 75%, based on total principal amount, of all bonds issued |
17 |
| pursuant to this Section shall be sold by negotiated sale.
|
18 |
| (4) Bonds shall be payable at a time or times, in the |
19 |
| denominations and form,
including book entry form, either |
20 |
| coupon, registered, or both, and carry the
registration and |
21 |
| privileges as to exchange, transfer or conversion, and
|
22 |
| replacement of mutilated, lost, or destroyed bonds as the |
23 |
| resolution or trust
indenture may provide.
|
24 |
| (5) Bonds shall be payable in lawful money of the |
25 |
| United States at a designated
place.
|
26 |
| (6) Bonds shall be subject to the terms of purchase, |
|
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| payment, redemption, refunding,
or refinancing that the |
2 |
| resolution or trust indenture provides.
|
3 |
| (7) Bonds shall be executed by the manual or facsimile |
4 |
| signatures of the officers
of the State Authority |
5 |
| designated by the State Board, which signatures shall be |
6 |
| valid at
delivery even
for one who has ceased to hold |
7 |
| office.
|
8 |
| (8) Bonds shall be sold at public or private sale in |
9 |
| the manner and upon the terms
determined by the State |
10 |
| Authority.
|
11 |
| (d) The State Authority shall adopt a procurement program |
12 |
| with respect to contracts relating to underwriters, bond |
13 |
| counsel, financial advisors, and accountants. The program |
14 |
| shall include goals for the payment of not less than 30% of the |
15 |
| total dollar value of the fees from these contracts to minority |
16 |
| owned businesses and female owned businesses as defined in the |
17 |
| Business Enterprise for Minorities, Females, and Persons with |
18 |
| Disabilities Act. The State Authority shall conduct outreach to |
19 |
| minority owned businesses and female owned businesses. |
20 |
| Outreach shall include, but is not limited to, advertisements |
21 |
| in periodicals and newspapers, mailings, and other appropriate |
22 |
| media. The State Authority shall submit to the General Assembly |
23 |
| a comprehensive report that shall include, at a minimum, the |
24 |
| details of the procurement plan, outreach efforts, and the |
25 |
| results of the efforts to achieve goals for the payment of |
26 |
| fees. |
|
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| (e) Subject to the Illinois Gambling Act and rules of the |
2 |
| Gaming Board regarding pledging
of interests in holders of |
3 |
| owners licenses, any resolution or trust indenture may contain |
4 |
| provisions that may be a part of
the contract with the holders |
5 |
| of the bonds as to the following:
|
6 |
| (1) Pledging, assigning, or directing the use, |
7 |
| investment, or disposition
of revenues of the State |
8 |
| Authority or proceeds or benefits of any contract, |
9 |
| including
without limitation, any rights in any casino |
10 |
| management
contract.
|
11 |
| (2) The setting aside of loan funding deposits, debt |
12 |
| service reserves, replacement or operating reserves, cost |
13 |
| of
issuance accounts and sinking funds, and the regulation, |
14 |
| investment, and
disposition thereof.
|
15 |
| (3) Limitations on the purposes to which or the |
16 |
| investments in which the
proceeds of sale of any issue of |
17 |
| bonds or the State Authority's revenues and
receipts may be |
18 |
| applied or made.
|
19 |
| (4) Limitations on the issue of additional bonds, the |
20 |
| terms upon which
additional bonds may be issued and |
21 |
| secured, the terms upon which additional
bonds may rank on |
22 |
| a parity with, or be subordinate or superior to, other |
23 |
| bonds.
|
24 |
| (5) The refunding, advance refunding, or refinancing |
25 |
| of outstanding bonds.
|
26 |
| (6) The procedure, if any, by which the terms of any |
|
|
|
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| contract with
bondholders may be altered or amended and the |
2 |
| amount of bonds and holders of
which must consent thereto |
3 |
| and the manner in which consent shall be given.
|
4 |
| (7) Defining the acts or omissions which shall |
5 |
| constitute a default in the
duties of the State Authority |
6 |
| to holders of bonds and providing the rights or
remedies of |
7 |
| such holders in the event of a default, which may include
|
8 |
| provisions
restricting individual rights of action by |
9 |
| bondholders.
|
10 |
| (8) Providing for guarantees, pledges of property, |
11 |
| letters of credit, or
other security,
or insurance for the |
12 |
| benefit of bondholders.
|
13 |
| (f) No member of the State Board, nor any person executing |
14 |
| the bonds, shall be
liable personally on the bonds or subject |
15 |
| to any personal liability by reason
of the issuance of the |
16 |
| bonds.
|
17 |
| (g) The State Authority may issue and secure bonds in |
18 |
| accordance with the
provisions of the Local Government Credit |
19 |
| Enhancement Act.
|
20 |
| (h) A pledge by the State Authority of revenues and |
21 |
| receipts as security for an
issue of bonds or for the |
22 |
| performance of its obligations under any casino
management |
23 |
| contract shall
be valid and binding from the time when the |
24 |
| pledge is made. The revenues and
receipts pledged shall |
25 |
| immediately be subject to the lien of the pledge without
any |
26 |
| physical delivery or further act,
and the lien of any pledge |
|
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| shall be valid and binding against any person having
any claim |
2 |
| of any kind in tort, contract, or otherwise against the State |
3 |
| Authority,
irrespective of whether the person has notice. No |
4 |
| resolution, trust indenture,
management agreement or financing |
5 |
| statement, continuation statement, or other
instrument adopted |
6 |
| or entered into by the State Authority need be filed or |
7 |
| recorded
in any public record other than the records of the |
8 |
| State Authority in order to
perfect the lien against third |
9 |
| persons, regardless of any contrary provision of
law.
|
10 |
| (i) Bonds that are being paid or retired by issuance, sale, |
11 |
| or delivery of
bonds, and bonds for which sufficient funds have |
12 |
| been deposited with the paying
agent or trustee to provide for |
13 |
| payment of principal and interest thereon, and
any redemption |
14 |
| premium, as provided in the authorizing resolution, shall not |
15 |
| be
considered outstanding for the purposes of this subsection.
|
16 |
| (j) The bonds of the State Authority shall not be |
17 |
| indebtedness of the
State.
The bonds of the State Authority are |
18 |
| not general obligations of the State and are not secured by a |
19 |
| pledge of the full faith and
credit of the State and the |
20 |
| holders of bonds of the State Authority may
not require, except |
21 |
| as provided in this Act, the application of State revenues or
|
22 |
| funds to the payment of bonds of the State Authority. |
23 |
| (k) The State of
Illinois pledges and agrees with the |
24 |
| owners of the bonds that it will not limit
or alter the rights |
25 |
| and powers vested in the State Authority by this Act so as to
|
26 |
| impair the terms of any contract made by the State Authority |
|
|
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09500HB2651sam003 |
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|
1 |
| with the owners or in
any way impair the rights and remedies of |
2 |
| the owners until the bonds, together
with interest on them, and |
3 |
| all costs and expenses in connection with any action
or |
4 |
| proceedings by or on behalf of the owners, are fully met and |
5 |
| discharged.
The State Authority is authorized to include this |
6 |
| pledge and
agreement in any contract with the owners of bonds |
7 |
| issued under this Section.
|
8 |
| (l) No person holding an elective office in this State, |
9 |
| holding a seat in the General Assembly, or serving as a board |
10 |
| member, trustee, officer, or employee of the State Authority, |
11 |
| including the spouse of that person, may receive a legal, |
12 |
| banking, consulting, or other fee related to the issuance of |
13 |
| bonds.
|
14 |
| Section 5-85. Derivative products. With respect to all or |
15 |
| part of any issue
of its bonds, the State Authority may enter |
16 |
| into agreements or contracts with any
necessary or appropriate |
17 |
| person, which will have the benefit of providing to
the
State |
18 |
| Authority an interest rate basis, cash flow basis, or other |
19 |
| basis different
from that provided in the bonds for the payment |
20 |
| of interest. Such agreements
or contracts may include, without |
21 |
| limitation, agreements or contracts commonly
known as |
22 |
| "interest rate swap agreements", "forward payment conversion
|
23 |
| agreements", "futures", "options", "puts", or "calls" and |
24 |
| agreements or
contracts providing for payments based on levels |
25 |
| of or changes in interest
rates, agreements or contracts to |
|
|
|
09500HB2651sam003 |
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|
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| exchange cash flows or a series of payments,
or to hedge |
2 |
| payment, rate spread, or similar exposure.
|
3 |
| Section 5-90. Legality for investment. The State of |
4 |
| Illinois, all
governmental entities, all public officers, |
5 |
| banks, bankers, trust companies,
savings banks and |
6 |
| institutions, building and loan associations, savings and
loan |
7 |
| associations, investment companies, and other persons carrying |
8 |
| on a
banking
business, insurance companies, insurance |
9 |
| associations, and other persons
carrying on an insurance |
10 |
| business, and all executors, administrators,
guardians, |
11 |
| trustees, and other fiduciaries may legally invest any sinking
|
12 |
| funds,
moneys, or other funds belonging to them or within their |
13 |
| control in
any bonds issued under this Act. However, nothing in |
14 |
| this Section shall be
construed as relieving any person, firm, |
15 |
| or corporation from any duty of
exercising reasonable care in |
16 |
| selecting securities for purchase or investment.
|
17 |
| Section 5-95. Tax exemption. The State Authority and all of |
18 |
| its operations and
property used for public purposes shall be |
19 |
| exempt from all taxation of any kind
imposed by the State of |
20 |
| Illinois or any political subdivision, school district,
|
21 |
| municipal corporation, or unit of local government of the State |
22 |
| of Illinois.
However, nothing in this Act prohibits the |
23 |
| imposition of any other taxes where
such imposition is not |
24 |
| prohibited by Section 21 of the Illinois Gambling Act.
|
|
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|
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| Section 5-105. Budgets and reporting.
|
2 |
| (a) The State Board shall annually adopt a budget for each
|
3 |
| fiscal year. The budget may be modified from time to time in |
4 |
| the same manner
and upon the same vote as it may be adopted. |
5 |
| The budget shall include the
State Authority's available funds |
6 |
| and estimated revenues and shall provide for
payment of its |
7 |
| obligations and estimated expenditures for the fiscal year,
|
8 |
| including, without limitation, expenditures for |
9 |
| administration, operation,
maintenance and repairs, debt |
10 |
| service, and deposits into reserve and other
funds
and capital |
11 |
| projects.
|
12 |
| (b) The State Board shall annually cause the finances of |
13 |
| the State Authority to be
audited by a firm of certified public |
14 |
| accountants and post the firm's audits of the State Authority |
15 |
| on the State Authority's Internet website.
|
16 |
| (c) The State Board shall, for each fiscal year, prepare an |
17 |
| annual report
setting forth information concerning its |
18 |
| activities in the fiscal year and the
status of the development |
19 |
| of the casino. The annual report shall include the
audited |
20 |
| financial statements of the State Authority for the fiscal |
21 |
| year, the budget
for the succeeding fiscal year, and the |
22 |
| current capital plan as of the date of
the report. Copies of |
23 |
| the annual report shall be made available to persons who
|
24 |
| request them and shall be submitted not later than 120 days |
25 |
| after the end of
the State Authority's fiscal year to the |
|
|
|
09500HB2651sam003 |
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|
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| Governor, the General Assembly, and the Commission on |
2 |
| Government Forecasting and Accountability.
|
3 |
| Section 5-110. Deposit and withdrawal of funds. |
4 |
| (a) All funds deposited by the State Authority in any bank |
5 |
| or savings and loan
association shall be placed in the name of |
6 |
| the State Authority and shall be withdrawn
or paid out only by |
7 |
| check or draft upon the bank or savings and loan
association, |
8 |
| signed by 2 officers or employees designated by the State |
9 |
| Board.
Notwithstanding any other provision of this Section, the |
10 |
| State Board may designate
any of its members or any officer or |
11 |
| employee of the State Authority to authorize the
wire transfer |
12 |
| of funds deposited by the secretary-treasurer of funds in a |
13 |
| bank
or savings and loan association for the payment of payroll |
14 |
| and employee
benefits-related expenses.
|
15 |
| No bank or savings and loan association shall receive |
16 |
| public funds as
permitted by this Section unless it has |
17 |
| complied with the requirements
established pursuant to Section |
18 |
| 6 of the Public
Funds Investment Act.
|
19 |
| (b) If any officer or employee whose signature appears upon |
20 |
| any check
or draft issued pursuant to this Act ceases (after |
21 |
| attaching his signature) to
hold his or her office before the |
22 |
| delivery of such a check or draft to the
payee, his or her |
23 |
| signature shall nevertheless be valid and sufficient for all
|
24 |
| purposes with the same effect as if he or she had remained in |
25 |
| office until
delivery thereof.
|
|
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|
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| Section 5-112. Contracts with the State Authority or State |
2 |
| casino operator licensee; disclosure requirements. |
3 |
| (a) A bidder, respondent, offeror, or contractor must |
4 |
| disclose the names of all officers and directors. A bidder, |
5 |
| respondent, or offeror, or contractor for contracts with the |
6 |
| State Authority or State casino operator licensee shall |
7 |
| disclose the identity of every owner, beneficiary, or person |
8 |
| with beneficial interest of more than 1%, or shareholder |
9 |
| entitled to receive more than 1% of the total distributable |
10 |
| income of any corporation, having any interest in the contract |
11 |
| in the bidder, respondent, offeror, or contractor. The |
12 |
| disclosure shall be in writing and attested to by an owner, |
13 |
| trustee, corporate official, or agent. If stock in a |
14 |
| corporation is publicly traded and there is no readily known |
15 |
| individual having greater than a 1% interest, then a statement |
16 |
| to that affect attested to by an officer or agent of the |
17 |
| corporation or shall fulfill the disclosure statement |
18 |
| requirement of this Section. A bidder, respondent, offeror, or |
19 |
| contractor shall notify the State Authority of any changes in |
20 |
| officers, directors, ownership, or individuals having a |
21 |
| beneficial interest of more than 1%. |
22 |
| (b) A bidder, respondent, offeror, or contractor for |
23 |
| contracts with an annual value of $10,000 or for a period to |
24 |
| exceed one year shall disclose all political contributions of |
25 |
| the bidder, respondent, offeror, or contractor and any |
|
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| affiliated person or entity. Disclosure shall include at least |
2 |
| the names and addresses of the contributors and the dollar |
3 |
| amounts of any contributions to any political committee made |
4 |
| within the previous 2 years. The disclosure must be submitted |
5 |
| to the Gaming Board with a copy of the contract prior to Gaming |
6 |
| Board approval of the contract. The Gaming Board shall refuse |
7 |
| to approve any contract that does not include the required |
8 |
| disclosure. |
9 |
| (c) As used in this Section: |
10 |
| "Contribution" means contribution as defined in Section |
11 |
| 9-1.4 of the Election Code. |
12 |
| "Affiliated person" means (i) any person with any ownership |
13 |
| interest or distributive share of the bidding, responding, or |
14 |
| contracting entity in excess of 1%, (ii) executive employees of |
15 |
| the bidding, responding, or contracting entity, and (iii) the |
16 |
| spouse and minor children of any such persons. |
17 |
| "Affiliated entity" means (i) any parent or subsidiary of |
18 |
| the bidding or contracting entity, (ii) any member of the same |
19 |
| unitary business group, or (iii) any political committee for |
20 |
| which the bidding, responding, or contracting entity is the |
21 |
| sponsoring entity. |
22 |
| (d) The Gaming Board may direct the State Authority or a |
23 |
| State casino operator licensee to void a contract if a |
24 |
| violation of this Section occurs. The State Authority may |
25 |
| direct a State casino operator licensee to void a contract if a |
26 |
| violation of this Section occurs. |
|
|
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|
1 |
| Section 5-115. Purchasing. |
2 |
| (a) All construction contracts and contracts for supplies, |
3 |
| materials,
equipment, and services,
when the cost thereof to |
4 |
| the State Authority exceeds $25,000, shall be let by a |
5 |
| competitive selection process to
the lowest responsible |
6 |
| proposer, after advertising for proposals, except for the
|
7 |
| following:
|
8 |
| (1) When repair parts, accessories, equipment, or |
9 |
| services are required
for
equipment or services previously |
10 |
| furnished or contracted for;
|
11 |
| (2) Professional services;
|
12 |
| (3) When services such as water, light, heat, power, |
13 |
| telephone (other than
long-distance service), or telegraph |
14 |
| are required;
|
15 |
| (4) When contracts for the use, purchase, delivery, |
16 |
| movement, or
installation of data processing equipment, |
17 |
| software, or services and
telecommunications equipment,
|
18 |
| software, and services are required;
|
19 |
| (5) Casino management contracts, which shall be |
20 |
| awarded as
set forth in Section 1-45 of this Act.
|
21 |
| (b) All contracts involving less than $25,000 shall be let |
22 |
| by competitive
selection process whenever possible, and in any |
23 |
| event in a manner calculated to ensure
the best interests of |
24 |
| the public.
|
25 |
| (c) In determining the responsibility of any proposer, the |
|
|
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09500HB2651sam003 |
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|
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| State Authority may take
into account the proposer's (or an |
2 |
| individual having a beneficial interest,
directly or |
3 |
| indirectly, of more than 1% in such proposing entity) past |
4 |
| record of
dealings with the State Authority, the proposer's |
5 |
| experience, adequacy of equipment,
and ability to complete |
6 |
| performance within the time set, and other factors
besides |
7 |
| financial responsibility. No such contract shall be awarded to |
8 |
| any proposer other than the lowest proposer (in case of |
9 |
| purchase or
expenditure) unless authorized or approved by a |
10 |
| vote of at least 2 members of
the State Board and such action |
11 |
| is accompanied by a written statement setting forth the reasons |
12 |
| for not awarding the contract to the highest or
lowest |
13 |
| proposer, as the case
may be. The statement shall be kept on |
14 |
| file in the principal office of the
State Authority and open to |
15 |
| public inspection.
|
16 |
| (d) The State Authority shall have the right to reject all |
17 |
| proposals and to
re-advertise for proposals. If after
any such |
18 |
| re-advertisement, no responsible and satisfactory proposals, |
19 |
| within the
terms of the re-advertisement, is received, the |
20 |
| State Authority may award such
contract without competitive |
21 |
| selection, provided that the Gaming Board must approve the |
22 |
| contract prior to its execution. The contract must not be less
|
23 |
| advantageous to the State Authority than any valid proposal |
24 |
| received pursuant to
advertisement.
|
25 |
| (e) Advertisements for proposals and re-proposals shall be |
26 |
| published at least once in
a daily newspaper of general |
|
|
|
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|
1 |
| circulation published in the county in which the principal |
2 |
| office of the State Authority is located
at least 10 calendar |
3 |
| days before the time for
receiving proposals, and such |
4 |
| advertisements shall also be posted on readily
accessible |
5 |
| bulletin boards in the principal office of the State Authority. |
6 |
| Such
advertisements shall state the time and
place for |
7 |
| receiving and opening of proposals and, by reference to plans |
8 |
| and
specifications on file at the time of the first publication |
9 |
| or in the
advertisement itself, shall describe the character of |
10 |
| the proposed contract in
sufficient detail to fully advise |
11 |
| prospective proposers of their obligations and
to ensure free |
12 |
| and open competitive selection.
|
13 |
| (f) All proposals in response to advertisements shall be |
14 |
| sealed and shall be
publicly opened by the State Authority. All |
15 |
| proposers shall be entitled to be present
in person or by |
16 |
| representatives. Cash or a certified or satisfactory cashier's
|
17 |
| check, as a deposit of good faith, in a reasonable amount to be |
18 |
| fixed by the
State Authority before advertising for proposals, |
19 |
| shall be required with the proposal. A bond for faithful |
20 |
| performance of the contract with surety or
sureties |
21 |
| satisfactory to the
State Authority and adequate insurance may |
22 |
| be required in reasonable amounts to be
fixed by the State |
23 |
| Authority before advertising for proposals.
|
24 |
| (g) The contract shall be awarded as promptly as possible |
25 |
| after the opening
of proposals. The proposal of the successful |
26 |
| proposer, as well as the bids of the
unsuccessful proposers, |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| shall be placed on file and be open to public inspection.
All |
2 |
| proposals shall be void if any disclosure of the terms of any |
3 |
| proposals in response
to an advertisement is made or permitted |
4 |
| to be made by the State Authority before the
time fixed for |
5 |
| opening proposals.
|
6 |
| (h) Notice of each and every contract that is
offered, |
7 |
| including renegotiated contracts and change orders,
shall be |
8 |
| published in an online bulletin. The online bulletin must |
9 |
| include at least the date first offered,
the date submission of |
10 |
| offers is due, the location that offers are to be
submitted to, |
11 |
| a brief purchase description, the method of source selection,
|
12 |
| information of how to obtain a comprehensive purchase |
13 |
| description and any
disclosure and contract forms, and |
14 |
| encouragement to prospective vendors to hire qualified |
15 |
| veterans, as defined by Section 45-67 of the Illinois |
16 |
| Procurement Code, and Illinois residents discharged from any |
17 |
| Illinois adult correctional center. Notice of each and every |
18 |
| contract that is let
or awarded, including renegotiated |
19 |
| contracts and change orders, shall be
published in the online |
20 |
| bulletin and
must include at least all of the
information |
21 |
| specified in this item (h), as well as the name of the |
22 |
| successful
responsible proposer or offeror, the contract |
23 |
| price, and the number of unsuccessful
responsive proposers and |
24 |
| any other disclosure specified in this Section. This notice |
25 |
| must be posted in the online electronic bulletin prior to |
26 |
| execution of the contract.
|
|
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|
1 |
| ARTICLE 90. |
2 |
| Section 90-1. The State Officials and Employees Ethics Act |
3 |
| is amended by changing Sections 5-50, 20-10, and 20-15 as |
4 |
| follows: |
5 |
| (5 ILCS 430/5-50)
|
6 |
| Sec. 5-50. Ex parte communications; special government |
7 |
| agents.
|
8 |
| (a) This Section applies to ex
parte communications made to |
9 |
| any agency listed in subsection (e).
|
10 |
| (b) "Ex parte communication" means any written or oral |
11 |
| communication by any
person
that imparts or requests material
|
12 |
| information
or makes a material argument regarding
potential |
13 |
| action concerning regulatory, quasi-adjudicatory, investment, |
14 |
| or
licensing
matters pending before or under consideration by |
15 |
| the agency.
"Ex parte
communication" does not include the |
16 |
| following: (i) statements by
a person publicly made in a public |
17 |
| forum; (ii) statements regarding
matters of procedure and |
18 |
| practice, such as format, the
number of copies required, the |
19 |
| manner of filing, and the status
of a matter; and (iii) |
20 |
| statements made by a
State employee of the agency to the agency |
21 |
| head or other employees of that
agency.
|
22 |
| (b-5) An ex parte communication received by an agency,
|
23 |
| agency head, or other agency employee from an interested party |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| or
his or her official representative or attorney shall |
2 |
| promptly be
memorialized and made a part of the record.
|
3 |
| (c) An ex parte communication received by any agency, |
4 |
| agency head, or
other agency
employee, other than an ex parte |
5 |
| communication described in subsection (b-5),
shall immediately |
6 |
| be reported to that agency's ethics officer by the recipient
of |
7 |
| the communication and by any other employee of that agency who |
8 |
| responds to
the communication. The ethics officer shall require |
9 |
| that the ex parte
communication
be promptly made a part of the |
10 |
| record. The ethics officer shall promptly
file the ex parte |
11 |
| communication with the
Executive Ethics Commission, including |
12 |
| all written
communications, all written responses to the |
13 |
| communications, and a memorandum
prepared by the ethics officer |
14 |
| stating the nature and substance of all oral
communications, |
15 |
| the identity and job title of the person to whom each
|
16 |
| communication was made,
all responses made, the identity and |
17 |
| job title of the person making each
response,
the identity of |
18 |
| each person from whom the written or oral ex parte
|
19 |
| communication was received, the individual or entity |
20 |
| represented by that
person, any action the person requested or |
21 |
| recommended, and any other pertinent
information.
The |
22 |
| disclosure shall also contain the date of any
ex parte |
23 |
| communication.
|
24 |
| (d) "Interested party" means a person or entity whose |
25 |
| rights,
privileges, or interests are the subject of or are |
26 |
| directly affected by
a regulatory, quasi-adjudicatory, |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| investment, or licensing matter.
|
2 |
| (e) This Section applies to the following agencies:
|
3 |
| Executive Ethics Commission
|
4 |
| Illinois Commerce Commission
|
5 |
| Educational Labor Relations Board
|
6 |
| State Board of Elections
|
7 |
| Illinois Gaming Board
|
8 |
| Health Facilities Planning Board
|
9 |
| Illinois Workers' Compensation Commission
|
10 |
| Illinois Labor Relations Board
|
11 |
| Illinois Liquor Control Commission
|
12 |
| Pollution Control Board
|
13 |
| Property Tax Appeal Board
|
14 |
| Illinois Racing Board
|
15 |
| Illinois Purchased Care Review Board
|
16 |
| Department of State Police Merit Board
|
17 |
| Motor Vehicle Review Board
|
18 |
| Prisoner Review Board
|
19 |
| Civil Service Commission
|
20 |
| Personnel Review Board for the Treasurer
|
21 |
| Merit Commission for the Secretary of State
|
22 |
| Merit Commission for the Office of the Comptroller
|
23 |
| Court of Claims
|
24 |
| Board of Review of the Department of Employment Security
|
25 |
| Department of Insurance
|
26 |
| Department of Professional Regulation and licensing boards
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| under the Department
|
2 |
| Department of Public Health and licensing boards under the
|
3 |
| Department
|
4 |
| Office of Banks and Real Estate and licensing boards under
|
5 |
| the Office
|
6 |
| State Employees Retirement System Board of Trustees
|
7 |
| Judges Retirement System Board of Trustees
|
8 |
| General Assembly Retirement System Board of Trustees
|
9 |
| Illinois Board of Investment
|
10 |
| State Universities Retirement System Board of Trustees
|
11 |
| Teachers Retirement System Officers Board of Trustees
|
12 |
| (f) Any person who fails to (i) report an ex parte |
13 |
| communication to an
ethics officer, (ii) make information part |
14 |
| of the record, or (iii) make a
filing
with the Executive Ethics |
15 |
| Commission as required by this Section or as required
by
|
16 |
| Section 5-165 of the Illinois Administrative Procedure Act |
17 |
| violates this Act.
|
18 |
| (Source: P.A. 95-331, eff. 8-21-07.) |
19 |
| (5 ILCS 430/20-10)
|
20 |
| Sec. 20-10. Offices of Executive Inspectors General.
|
21 |
| (a) Six Five independent Offices of the Executive Inspector |
22 |
| General are
created,
one each for the Governor, the Attorney |
23 |
| General, the Secretary of State, the
Comptroller, and the |
24 |
| Treasurer and one for gaming activities . Each Office shall be |
25 |
| under the direction and
supervision
of an Executive Inspector |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| General and shall be a fully independent office with
separate
|
2 |
| appropriations.
|
3 |
| (b) The Governor, Attorney General, Secretary of State, |
4 |
| Comptroller, and
Treasurer shall each appoint an Executive |
5 |
| Inspector General, and the Director of Gaming Enforcement shall |
6 |
| appoint an Executive Inspector General for gaming activities. |
7 |
| Each appointment must be made without regard to
political |
8 |
| affiliation and solely on the basis of integrity and
|
9 |
| demonstrated ability.
Appointments shall be made by and with |
10 |
| the advice and consent of the
Senate by three-fifths of the |
11 |
| elected members concurring by record vote.
Any nomination not |
12 |
| acted upon by the Senate within 60 session days of the
receipt |
13 |
| thereof shall be deemed to have received the advice and consent |
14 |
| of
the Senate. If, during a recess of the Senate, there is a |
15 |
| vacancy in an office
of Executive Inspector General, the |
16 |
| appointing authority shall make a
temporary appointment until |
17 |
| the next meeting of the Senate when the
appointing authority |
18 |
| shall make a nomination to fill that office. No person
rejected |
19 |
| for an office of Executive Inspector General shall, except by |
20 |
| the
Senate's request, be nominated again for that office at the |
21 |
| same session of
the Senate or be appointed to that office |
22 |
| during a recess of that Senate.
|
23 |
| Nothing in this Article precludes the appointment by the |
24 |
| Governor, Attorney
General,
Secretary of State, Comptroller, |
25 |
| or Treasurer of any other inspector general
required or
|
26 |
| permitted by law. The Governor, Attorney General, Secretary of |
|
|
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| State,
Comptroller, and
Treasurer
each may appoint an existing |
2 |
| inspector general as the Executive Inspector
General
required |
3 |
| by this
Article, provided that such an inspector general is not |
4 |
| prohibited by law,
rule,
jurisdiction, qualification, or |
5 |
| interest from serving as the Executive
Inspector General
|
6 |
| required by
this Article.
An appointing authority may not |
7 |
| appoint a relative as an Executive Inspector
General.
|
8 |
| Each Executive Inspector General shall have the following |
9 |
| qualifications:
|
10 |
| (1) has not been convicted of any felony under the laws |
11 |
| of this State,
another State, or the United States;
|
12 |
| (2) has earned a baccalaureate degree from an |
13 |
| institution of higher
education; and
|
14 |
| (3) has 5 or more years of cumulative service (A) with |
15 |
| a federal,
State, or
local law enforcement agency, at least |
16 |
| 2 years of which have been in a
progressive investigatory |
17 |
| capacity; (B)
as a
federal, State, or local prosecutor; (C)
|
18 |
| as a
senior manager or executive of a federal, State, or |
19 |
| local
agency; (D) as a member, an officer,
or a State
or |
20 |
| federal judge; or (E) representing any combination of (A) |
21 |
| through (D).
|
22 |
| The term of each initial Executive Inspector General shall
|
23 |
| commence upon qualification and shall run through June 30, |
24 |
| 2008. The
initial appointments shall be made within 60 days |
25 |
| after the effective
date of this Act.
|
26 |
| After the initial term, each Executive Inspector General |
|
|
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| shall serve
for 5-year terms commencing on July 1 of the year |
2 |
| of appointment
and running through June 30 of the fifth |
3 |
| following year. An
Executive Inspector General may be |
4 |
| reappointed to one or more
subsequent terms.
|
5 |
| A vacancy occurring other than at the end of a term shall |
6 |
| be filled
by the appointing authority only for the balance of |
7 |
| the term of the Executive
Inspector General whose office is |
8 |
| vacant.
|
9 |
| Terms shall run regardless of whether the position is |
10 |
| filled.
|
11 |
| (c) The Executive Inspector General appointed by the |
12 |
| Attorney General shall
have jurisdiction over the Attorney |
13 |
| General and all officers and employees of,
and vendors and |
14 |
| others doing business with,
State agencies within the |
15 |
| jurisdiction of the Attorney General. The Executive
Inspector |
16 |
| General appointed by the Secretary of State shall have |
17 |
| jurisdiction
over the Secretary of State and all officers and |
18 |
| employees of, and vendors and
others doing business with, State |
19 |
| agencies within the
jurisdiction of the Secretary of State. The |
20 |
| Executive Inspector General
appointed by the Comptroller shall |
21 |
| have jurisdiction over the Comptroller and
all officers and |
22 |
| employees of, and vendors and others doing business with,
State |
23 |
| agencies within the jurisdiction of the Comptroller. The
|
24 |
| Executive Inspector General appointed by the Treasurer shall |
25 |
| have jurisdiction
over the Treasurer and all officers and |
26 |
| employees of, and vendors and others
doing business with, State |
|
|
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| agencies within the jurisdiction
of the Treasurer. The |
2 |
| Executive Inspector General appointed by the Governor
shall |
3 |
| have jurisdiction over the Governor, the Lieutenant Governor, |
4 |
| and all
officers and employees of, and vendors and others doing |
5 |
| business with,
executive branch State agencies under the |
6 |
| jurisdiction of the
Executive Ethics Commission and not within |
7 |
| the jurisdiction of the
Attorney
General, the Secretary of |
8 |
| State, the Comptroller, or the Treasurer , or the Executive |
9 |
| Inspector General for gaming activities .
The Executive |
10 |
| Inspector General for gaming activities appointed by the |
11 |
| Director of Gaming Enforcement has jurisdiction over the |
12 |
| Illinois Gaming Board, Illinois Racing Board, the Office of |
13 |
| Gaming Enforcement, the Illinois Casino Development Authority, |
14 |
| and all
officers and employees of
those agencies.
|
15 |
| The jurisdiction of each Executive Inspector General is to |
16 |
| investigate
allegations of fraud, waste, abuse, mismanagement, |
17 |
| misconduct, nonfeasance,
misfeasance,
malfeasance, or |
18 |
| violations of this Act or violations of other related
laws and |
19 |
| rules.
|
20 |
| (d) The minimum compensation for each Executive Inspector |
21 |
| General shall be
determined by the Executive Ethics Commission. |
22 |
| The actual compensation for each
Executive Inspector General |
23 |
| shall be determined by the appointing executive
branch
|
24 |
| constitutional officer and must be at or above the minimum |
25 |
| compensation level
set by
the Executive Ethics Commission. |
26 |
| Subject to Section 20-45 of this Act, each
Executive Inspector |
|
|
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| General has full
authority
to organize his or her Office of the |
2 |
| Executive Inspector General, including the
employment and |
3 |
| determination of the compensation of staff, such as deputies,
|
4 |
| assistants, and other employees, as appropriations permit. A |
5 |
| separate
appropriation
shall be made for each Office of |
6 |
| Executive Inspector General.
|
7 |
| (e) No Executive Inspector General or employee of the |
8 |
| Office of
the Executive Inspector General may, during his or |
9 |
| her term of appointment or
employment:
|
10 |
| (1) become a candidate for any elective office;
|
11 |
| (2) hold any other elected or appointed public office
|
12 |
| except for appointments on governmental advisory boards
or |
13 |
| study commissions or as otherwise expressly authorized by |
14 |
| law;
|
15 |
| (3) be actively involved in the affairs of any |
16 |
| political party or
political organization; or
|
17 |
| (4) actively participate in any campaign for any
|
18 |
| elective office.
|
19 |
| In this subsection an appointed public office means a |
20 |
| position authorized by
law that is filled by an appointing |
21 |
| authority as provided by law and does not
include employment by |
22 |
| hiring in the ordinary course of business.
|
23 |
| (e-1) No Executive Inspector General or employee of the |
24 |
| Office of the
Executive Inspector General may, for one year |
25 |
| after the termination of his or
her appointment or employment:
|
26 |
| (1) become a candidate for any elective office;
|
|
|
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| (2) hold any elected public office; or
|
2 |
| (3) hold any appointed State, county, or local judicial |
3 |
| office.
|
4 |
| (e-2) The requirements of item (3) of subsection (e-1) may |
5 |
| be waived by the
Executive Ethics Commission.
|
6 |
| (f) An Executive Inspector General may be removed only for |
7 |
| cause and may
be removed only by the appointing constitutional |
8 |
| officer. At the time of the
removal,
the appointing |
9 |
| constitutional officer must report to the Executive Ethics
|
10 |
| Commission the
justification for the
removal.
|
11 |
| (Source: P.A. 93-617, eff. 12-9-03.) |
12 |
| (5 ILCS 430/20-15)
|
13 |
| Sec. 20-15. Duties of the Executive Ethics
Commission. In |
14 |
| addition to duties otherwise assigned by
law, the Executive |
15 |
| Ethics Commission shall have the
following duties:
|
16 |
| (1) To promulgate rules
governing the performance of |
17 |
| its duties and the
exercise of its powers and governing the |
18 |
| investigations of the
Executive Inspectors General.
It is |
19 |
| declared to be in the public interest, safety, and welfare |
20 |
| that the
Commission adopt emergency rules under the |
21 |
| Illinois Administrative Procedure
Act to initially perform |
22 |
| its duties under this subsection.
|
23 |
| (2) To conduct administrative hearings and rule on |
24 |
| matters
brought before the Commission only upon the receipt |
25 |
| of pleadings
filed by an Executive Inspector General and |
|
|
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| not upon its own
prerogative, but may appoint special |
2 |
| Executive Inspectors General as provided
in Section 20-21. |
3 |
| Any other allegations of misconduct received by the
|
4 |
| Commission from a person other than an Executive Inspector |
5 |
| General
shall be referred to the Office of the appropriate |
6 |
| Executive Inspector General.
|
7 |
| (3) To prepare and publish manuals and guides and, |
8 |
| working with
the Office of the Attorney General, oversee
|
9 |
| training of employees under its jurisdiction that explains |
10 |
| their duties.
|
11 |
| (4) To prepare public information materials to |
12 |
| facilitate
compliance, implementation, and enforcement of |
13 |
| this Act.
|
14 |
| (5) To submit reports as required by this Act.
|
15 |
| (6) To the extent authorized by this Act, to make |
16 |
| rulings, issue
recommendations, and impose administrative |
17 |
| fines,
if appropriate,
in
connection with the |
18 |
| implementation and interpretation of this Act.
The powers |
19 |
| and duties of the
Commission are limited to matters clearly |
20 |
| within the purview of this
Act.
|
21 |
| (7) To issue subpoenas with respect to matters pending |
22 |
| before the Commission,
subject to the provisions of this |
23 |
| Article and in the
discretion of the Commission,
to compel |
24 |
| the attendance of witnesses for purposes of testimony and
|
25 |
| the production of documents and other items for inspection |
26 |
| and
copying.
|
|
|
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| (8) To appoint special Executive Inspectors General as |
2 |
| provided in Section
20-21.
|
3 |
| (9) Pursuant to Section 5.3 of the Illinois Gambling |
4 |
| Act, select members as required to review applications and |
5 |
| appoint members to the Nomination Panel established under |
6 |
| the Illinois Gambling Act. |
7 |
| (Source: P.A. 93-617, eff. 12-9-03.)
|
8 |
| Section 90-2. The Executive Reorganization Implementation |
9 |
| Act is amended by changing Section 3.1 as follows:
|
10 |
| (15 ILCS 15/3.1) (from Ch. 127, par. 1803.1)
|
11 |
| Sec. 3.1. "Agency directly responsible to the Governor" or |
12 |
| "agency" means
any office, officer, division, or part thereof,
|
13 |
| and any other office, nonelective officer, department, |
14 |
| division, bureau,
board, or commission in the executive branch |
15 |
| of State government,
except that it does not apply to any |
16 |
| agency whose primary function is service
to the General |
17 |
| Assembly or the Judicial Branch of State government, or to
any |
18 |
| agency administered by the Attorney General, Secretary of |
19 |
| State, State
Comptroller or State Treasurer. In addition the |
20 |
| term does not apply to
the following agencies created by law |
21 |
| with the primary responsibility of
exercising regulatory
or |
22 |
| adjudicatory functions independently of the Governor:
|
23 |
| (1) the State Board of Elections;
|
24 |
| (2) the State Board of Education;
|
|
|
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| (3) the Illinois Commerce Commission;
|
2 |
| (4) the Illinois Workers' Compensation
Commission;
|
3 |
| (5) the Civil Service Commission;
|
4 |
| (6) the Fair Employment Practices Commission;
|
5 |
| (7) the Pollution Control Board;
|
6 |
| (8) the Department of State Police Merit Board ; |
7 |
| (9) the Illinois Gaming Board; |
8 |
| (10) the Office of Gaming Enforcement; and |
9 |
| (11) the Illinois Racing Board .
|
10 |
| (Source: P.A. 93-721, eff. 1-1-05.)
|
11 |
| Section 90-5. The Alcoholism and Other Drug Abuse and |
12 |
| Dependency Act is amended by changing Section 5-20 as follows:
|
13 |
| (20 ILCS 301/5-20)
|
14 |
| Sec. 5-20. Compulsive gambling program.
|
15 |
| (a) Subject to appropriation, the Department shall |
16 |
| establish a program for
public education, research, and |
17 |
| training regarding problem and compulsive
gambling and the |
18 |
| treatment and prevention of problem and compulsive gambling.
|
19 |
| Subject to specific appropriation for these stated purposes, |
20 |
| the program must
include all of the following:
|
21 |
| (1) Establishment and maintenance of a toll-free "800" |
22 |
| telephone number
to provide crisis counseling and referral |
23 |
| services to families experiencing
difficulty as a result of |
24 |
| problem or compulsive gambling.
|
|
|
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|
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| (2) Promotion of public awareness regarding the |
2 |
| recognition and
prevention of problem and compulsive |
3 |
| gambling.
|
4 |
| (3) Facilitation, through in-service training and |
5 |
| other means, of the
availability of effective assistance |
6 |
| programs for problem and compulsive
gamblers.
|
7 |
| (4) Conducting studies to identify adults and |
8 |
| juveniles in this
State who are, or who are at risk of |
9 |
| becoming, problem or compulsive gamblers.
|
10 |
| (b) Subject to appropriation, the Department shall either |
11 |
| establish and
maintain the program or contract with a private |
12 |
| or public entity for the
establishment and maintenance of the |
13 |
| program. Subject to appropriation, either
the Department or the |
14 |
| private or public entity shall implement the toll-free
|
15 |
| telephone number, promote public awareness, and conduct |
16 |
| in-service training
concerning problem and compulsive |
17 |
| gambling.
|
18 |
| (c) Subject to appropriation, the Department shall produce |
19 |
| and supply the
signs specified in Section 10.7 of the Illinois |
20 |
| Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of |
21 |
| 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 |
22 |
| of the Charitable Games Act, and Section 13.1 of the Illinois |
23 |
| Riverboat
Gambling Act.
|
24 |
| (Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
|
25 |
| Section 90-7. The Department of Commerce and Economic |
|
|
|
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|
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| Opportunity Law of the
Civil Administrative Code of Illinois is |
2 |
| amended by adding Section 605-530 as follows: |
3 |
| (20 ILCS 605/605-530 new)
|
4 |
| Sec. 605-530. The Depressed Communities Economic |
5 |
| Development Board. |
6 |
| (a) The Depressed Communities Economic Development Board |
7 |
| is created as an advisory board within the Department of |
8 |
| Commerce and Economic Opportunity. The Board shall consist of |
9 |
| 10 members as follows: |
10 |
| (1) 2 members appointed by the President of the Senate, |
11 |
| one of whom is appointed to serve an initial term of one |
12 |
| year and one of whom is appointed to serve an initial term |
13 |
| of 2 years. |
14 |
| (2) 2 members appointed by the Minority Leader of the |
15 |
| Senate, one of whom is appointed to serve an initial term |
16 |
| of one year and one of whom is appointed to serve an |
17 |
| initial term of 2 years. |
18 |
| (3) 2 members appointed by the Speaker of the House of |
19 |
| Representatives, one of whom is appointed to serve an |
20 |
| initial term of one year and one of whom is appointed to |
21 |
| serve an initial term of 2 years. |
22 |
| (4) 2 members appointed by the Minority Leader of the |
23 |
| House of Representatives, one of whom is appointed to serve |
24 |
| an initial term of one year and one of whom is appointed to |
25 |
| serve an initial term of 2 years. |
|
|
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| (5) 2 members appointed by the Governor with the advice |
2 |
| and consent of the Senate, one of whom is appointed to |
3 |
| serve an initial term of one year and one of whom is |
4 |
| appointed to serve an initial term of 2 years as chair of |
5 |
| the Board at the time of appointment. |
6 |
| After the initial terms, each member shall be appointed to |
7 |
| serve a term of 2 years and until his or her successor has been |
8 |
| appointed and assumes office. If a vacancy occurs in the Board |
9 |
| membership, the vacancy shall be filled in the same manner as |
10 |
| the initial appointment. |
11 |
| (b) Board members shall serve without compensation but may |
12 |
| be reimbursed for their reasonable travel expenses from funds |
13 |
| available for that purpose. The Department of Commerce and |
14 |
| Economic Opportunity shall provide staff and administrative |
15 |
| support services to the Board. |
16 |
| (c) The Board must make recommendations to the Department |
17 |
| of Commerce and Economic Opportunity concerning the award of |
18 |
| grants from amounts appropriated to the Department from the |
19 |
| Depressed Communities Economic Development Fund. The |
20 |
| Department must make grants to public or private entities |
21 |
| submitting proposals to the Board to revitalize an Illinois |
22 |
| depressed community within Cook County. Grants may be used by |
23 |
| these entities only for those purposes conditioned with the |
24 |
| grant. For the purposes of this subsection (c), plans for |
25 |
| revitalizing an Illinois depressed community include plans |
26 |
| intended to curb high levels of poverty, unemployment, job and |
|
|
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| population loss, and general distress. An Illinois depressed |
2 |
| community (i) is an area within Cook County where the poverty |
3 |
| rate, as determined by using the most recent data released by |
4 |
| the United States Census Bureau, is at least 3% greater than |
5 |
| the State poverty rate as determined by using the most recent |
6 |
| data released by the United States Census Bureau; or (ii) is an |
7 |
| area within following zip codes:
60104, 60153, 60160, 60402, |
8 |
| 60406, 60409, 60411, 60419, 60426, 60429, 60432, 60472, 60473, |
9 |
| 60608, 60609, 60612, 60614, 60615, 60617, 60618, 60619, 60620, |
10 |
| 60622, 60623, 60624, 60628, 60629, 60630, 60632, 60636, 60637, |
11 |
| 60638, 60639, 60641, 60643, 60644, 60647, 60649, 60651, 60652, |
12 |
| 60653, 60655, 60804, and 60827.
|
13 |
| Section 90-10. The Department of Revenue Law of the
Civil |
14 |
| Administrative Code of Illinois is amended by changing Section |
15 |
| 2505-305 as follows:
|
16 |
| (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
|
17 |
| Sec. 2505-305. Investigators.
|
18 |
| (a) The Department has the power to
appoint investigators |
19 |
| to conduct all investigations,
searches, seizures, arrests, |
20 |
| and other duties imposed under the provisions
of any law |
21 |
| administered by the Department
or the Illinois Gaming Board .
|
22 |
| Except as provided in subsection (c), these investigators have
|
23 |
| and
may exercise all the powers of peace officers solely for |
24 |
| the purpose of
enforcing taxing measures administered by the |
|
|
|
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| Department
or the Illinois Gaming Board .
|
2 |
| (b) The Director must authorize to each investigator |
3 |
| employed under this
Section and
to any other employee of the |
4 |
| Department exercising the powers of a peace
officer a
distinct |
5 |
| badge that, on its face, (i) clearly states that the badge is
|
6 |
| authorized
by the
Department and (ii)
contains a unique |
7 |
| identifying number.
No other badge shall be authorized by
the |
8 |
| Department.
|
9 |
| (c) Investigators appointed under this Section who are |
10 |
| assigned to the
Illinois Gaming Board have and may exercise all
|
11 |
| the rights and powers
of peace officers,
provided that these |
12 |
| powers shall be limited to offenses or violations occurring
or |
13 |
| committed on a riverboat or dock, as defined in subsections (d) |
14 |
| and (f) of
Section 4 of the Riverboat
Gambling Act.
|
15 |
| (Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01; 92-493, |
16 |
| eff. 1-1-02.)
|
17 |
| Section 90-11. The Department of Transportation Law of the
|
18 |
| Civil Administrative Code of Illinois is amended by adding |
19 |
| Section 2705-585 as follows: |
20 |
| (20 ILCS 2705/2705-585 new) |
21 |
| Sec. 2705-585. Condition Rating Survey mandates. |
22 |
| (a) Each highway district must have an average interstate |
23 |
| Condition Rating Survey (CRS) within 4% of the statewide |
24 |
| average. |
|
|
|
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|
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| (b) Each highway district must have an average marked route |
2 |
| CRS within 5% of the statewide average. |
3 |
| (c) Each highway district must have an average bridge |
4 |
| condition CRS within 3% of the statewide average. |
5 |
| (d) The Department must publish an annual report, and |
6 |
| release that report for review and comment by December 31 each |
7 |
| year, to verify that the mandates contained in subsections (a) |
8 |
| through (c) have been met. If a highway district's average does |
9 |
| not meet any mandate, the Department must identify the funding |
10 |
| necessary to bring that district into compliance with the |
11 |
| update of the Multi-Year Highway Improvement Program. |
12 |
| Section 90-12. The Illinois State Auditing Act is amended |
13 |
| by changing Section 3-1 as follows:
|
14 |
| (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
|
15 |
| Sec. 3-1. Jurisdiction of Auditor General. The Auditor |
16 |
| General has
jurisdiction over all State agencies to make post |
17 |
| audits and investigations
authorized by or under this Act or |
18 |
| the Constitution.
|
19 |
| The Auditor General has jurisdiction over local government |
20 |
| agencies
and private agencies only:
|
21 |
| (a) to make such post audits authorized by or under |
22 |
| this Act as are
necessary and incidental to a post audit of |
23 |
| a State agency or of a
program administered by a State |
24 |
| agency involving public funds of the
State, but this |
|
|
|
09500HB2651sam003 |
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|
1 |
| jurisdiction does not include any authority to review
local |
2 |
| governmental agencies in the obligation, receipt, |
3 |
| expenditure or
use of public funds of the State that are |
4 |
| granted without limitation or
condition imposed by law, |
5 |
| other than the general limitation that such
funds be used |
6 |
| for public purposes;
|
7 |
| (b) to make investigations authorized by or under this |
8 |
| Act or the
Constitution; and
|
9 |
| (c) to make audits of the records of local government |
10 |
| agencies to verify
actual costs of state-mandated programs |
11 |
| when directed to do so by the
Legislative Audit Commission |
12 |
| at the request of the State Board of Appeals
under the |
13 |
| State Mandates Act.
|
14 |
| In addition to the foregoing, the Auditor General may |
15 |
| conduct an
audit of the Metropolitan Pier and Exposition |
16 |
| Authority, the
Regional Transportation Authority, the Suburban |
17 |
| Bus Division, the Commuter
Rail Division and the Chicago |
18 |
| Transit Authority and any other subsidized
carrier when |
19 |
| authorized by the Legislative Audit Commission. Such audit
may |
20 |
| be a financial, management or program audit, or any combination |
21 |
| thereof.
|
22 |
| The audit shall determine whether they are operating in |
23 |
| accordance with
all applicable laws and regulations. Subject to |
24 |
| the limitations of this
Act, the Legislative Audit Commission |
25 |
| may by resolution specify additional
determinations to be |
26 |
| included in the scope of the audit.
|
|
|
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09500HB2651sam003 |
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| In addition to the foregoing, the Auditor General must also |
2 |
| conduct a
financial audit of
the Illinois Sports Facilities |
3 |
| Authority's expenditures of public funds in
connection with the |
4 |
| reconstruction, renovation, remodeling, extension, or
|
5 |
| improvement of all or substantially all of any existing |
6 |
| "facility", as that
term is defined in the Illinois Sports |
7 |
| Facilities Authority Act.
|
8 |
| The Auditor General may also conduct an audit, when |
9 |
| authorized by
the Legislative Audit Commission, of any hospital |
10 |
| which receives 10% or
more of its gross revenues from payments |
11 |
| from the State of Illinois,
Department of Healthcare and Family |
12 |
| Services (formerly Department of Public Aid), Medical |
13 |
| Assistance Program.
|
14 |
| The Auditor General is authorized to conduct financial and |
15 |
| compliance
audits of the Illinois Distance Learning Foundation |
16 |
| and the Illinois
Conservation Foundation.
|
17 |
| As soon as practical after the effective date of this |
18 |
| amendatory Act of
1995, the Auditor General shall conduct a |
19 |
| compliance and management audit of
the City of
Chicago and any |
20 |
| other entity with regard to the operation of Chicago O'Hare
|
21 |
| International Airport, Chicago Midway Airport and Merrill C. |
22 |
| Meigs Field. The
audit shall include, but not be limited to, an |
23 |
| examination of revenues,
expenses, and transfers of funds; |
24 |
| purchasing and contracting policies and
practices; staffing |
25 |
| levels; and hiring practices and procedures. When
completed, |
26 |
| the audit required by this paragraph shall be distributed in
|
|
|
|
09500HB2651sam003 |
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|
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| accordance with Section 3-14.
|
2 |
| The Auditor General shall conduct a financial and |
3 |
| compliance and program
audit of distributions from the |
4 |
| Municipal Economic Development Fund
during the immediately |
5 |
| preceding calendar year pursuant to Section 8-403.1 of
the |
6 |
| Public Utilities Act at no cost to the city, village, or |
7 |
| incorporated town
that received the distributions.
|
8 |
| The Auditor General must conduct an audit of the Health |
9 |
| Facilities Planning
Board pursuant to Section 19.5 of the |
10 |
| Illinois Health Facilities Planning
Act.
|
11 |
| The Auditor General must conduct an audit of the Chicago |
12 |
| Casino Development Authority pursuant to Section 1-60 of the |
13 |
| Chicago Casino Development Authority Act and the Illinois |
14 |
| Casino Development Authority pursuant to Section 5-60 of the |
15 |
| Illinois Casino Development Authority Act. |
16 |
| The Auditor General of the State of Illinois shall annually |
17 |
| conduct or
cause to be conducted a financial and compliance |
18 |
| audit of the books and records
of any county water commission |
19 |
| organized pursuant to the Water Commission Act
of 1985 and |
20 |
| shall file a copy of the report of that audit with the Governor |
21 |
| and
the Legislative Audit Commission. The filed audit shall be |
22 |
| open to the public
for inspection. The cost of the audit shall |
23 |
| be charged to the county water
commission in accordance with |
24 |
| Section 6z-27 of the State Finance Act. The
county water |
25 |
| commission shall make available to the Auditor General its |
26 |
| books
and records and any other documentation, whether in the |
|
|
|
09500HB2651sam003 |
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|
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| possession of its
trustees or other parties, necessary to |
2 |
| conduct the audit required. These
audit requirements apply only |
3 |
| through July 1, 2007.
|
4 |
| The Auditor General must conduct audits of the Rend Lake |
5 |
| Conservancy
District as provided in Section 25.5 of the River |
6 |
| Conservancy Districts Act.
|
7 |
| The Auditor General must conduct financial audits of the |
8 |
| Southeastern Illinois Economic Development Authority as |
9 |
| provided in Section 70 of the Southeastern Illinois Economic |
10 |
| Development Authority Act.
|
11 |
| (Source: P.A. 95-331, eff. 8-21-07.)
|
12 |
| Section 90-15. The State Finance Act is amended by changing |
13 |
| Section 8h and adding Sections 5.710, 5.711, 5.712, 5.713, |
14 |
| 5.714, and 6z-73 as follows:
|
15 |
| (30 ILCS 105/5.710 new)
|
16 |
| Sec. 5.710. The Illinois Works Fund. |
17 |
| (30 ILCS 105/5.711 new)
|
18 |
| Sec. 5.711. The Focusing on Children, Uplifting Schools |
19 |
| (FOCUS) Fund. |
20 |
| (30 ILCS 105/5.712 new)
|
21 |
| Sec. 5.712. The Depressed Communities Economic Development |
22 |
| Fund. |
|
|
|
09500HB2651sam003 |
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|
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| (30 ILCS 105/5.713 new)
|
2 |
| Sec. 5.713. The Illinois Works Debt Service Fund. |
3 |
| (30 ILCS 105/5.714 new)
|
4 |
| Sec. 5.714. The Illinois Casino Development Authority |
5 |
| Fund. |
6 |
| (30 ILCS 105/6z-73 new) |
7 |
| Sec. 6z-73. FOCUS Fund. |
8 |
| (a) There is created the Focusing on Children, Uplifting |
9 |
| Schools (FOCUS) Fund as a special fund in the State treasury. |
10 |
| All money in the Fund shall be used, subject to appropriation, |
11 |
| by the State Board of Education as provided in this Section. |
12 |
| (b) The State Board of Education shall distribute the money |
13 |
| in the FOCUS Fund as follows: |
14 |
| (1) Seventy percent of the money in the Fund must be |
15 |
| distributed according to the general State aid formula set |
16 |
| forth in Section 18-8.05 of the School Code. |
17 |
| (2) Five percent of the money in the Fund must be |
18 |
| distributed to school districts through the School Safety |
19 |
| and Educational Improvement Block Grant Program set forth |
20 |
| in Section 2-3.51.5 of the School Code. School districts |
21 |
| organized under Article 34 of the School Code are not |
22 |
| eligible for these funds. |
23 |
| (3) Five percent of the money in the Fund must be |
|
|
|
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|
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| distributed as fast growth grants under Section 18-8.10 of |
2 |
| the School Code to school districts that qualify. |
3 |
| (4) Five percent of the money in the Fund must be |
4 |
| distributed to the Regional Offices of Education for a |
5 |
| program to re-enroll dropouts. |
6 |
| (5) Fifteen percent of the money in the Fund must be |
7 |
| distributed through an Early Childhood Education Block |
8 |
| Grant under Section 1C-2 of the School Code. |
9 |
| (30 ILCS 105/8h)
|
10 |
| Sec. 8h. Transfers to General Revenue Fund. |
11 |
| (a) Except as otherwise provided in this Section and |
12 |
| Section 8n of this Act, and
notwithstanding any other
State law |
13 |
| to the contrary, the Governor
may, through June 30, 2007, from |
14 |
| time to time direct the State Treasurer and Comptroller to |
15 |
| transfer
a specified sum from any fund held by the State |
16 |
| Treasurer to the General
Revenue Fund in order to help defray |
17 |
| the State's operating costs for the
fiscal year. The total |
18 |
| transfer under this Section from any fund in any
fiscal year |
19 |
| shall not exceed the lesser of (i) 8% of the revenues to be |
20 |
| deposited
into the fund during that fiscal year or (ii) an |
21 |
| amount that leaves a remaining fund balance of 25% of the July |
22 |
| 1 fund balance of that fiscal year. In fiscal year 2005 only, |
23 |
| prior to calculating the July 1, 2004 final balances, the |
24 |
| Governor may calculate and direct the State Treasurer with the |
25 |
| Comptroller to transfer additional amounts determined by |
|
|
|
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|
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| applying the formula authorized in Public Act 93-839 to the |
2 |
| funds balances on July 1, 2003.
No transfer may be made from a |
3 |
| fund under this Section that would have the
effect of reducing |
4 |
| the available balance in the fund to an amount less than
the |
5 |
| amount remaining unexpended and unreserved from the total |
6 |
| appropriation
from that fund estimated to be expended for that |
7 |
| fiscal year. This Section does not apply to any
funds that are |
8 |
| restricted by federal law to a specific use, to any funds in
|
9 |
| the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the |
10 |
| Hospital Provider Fund, the Medicaid Provider Relief Fund, the |
11 |
| Teacher Health Insurance Security Fund, the Reviewing Court |
12 |
| Alternative Dispute Resolution Fund, the Voters' Guide Fund, |
13 |
| the Foreign Language Interpreter Fund, the Lawyers' Assistance |
14 |
| Program Fund, the Supreme Court Federal Projects Fund, the |
15 |
| Supreme Court Special State Projects Fund, the Supplemental |
16 |
| Low-Income Energy Assistance Fund, the Good Samaritan Energy |
17 |
| Trust Fund, the Low-Level Radioactive Waste Facility |
18 |
| Development and Operation Fund, the Horse Racing Equity Trust |
19 |
| Fund, the Racing Industry Workers' Trust Fund, the Illinois |
20 |
| Equine Research Trust Fund, the Illinois Colt Stakes Purse |
21 |
| Distribution Fund, the Illinois Thoroughbred Breeders Fund, |
22 |
| the Illinois Racing Quarter Horse Breeders Fund, the Illinois |
23 |
| Standardbred Breeders Fund, the Metabolic Screening and |
24 |
| Treatment Fund, or the Hospital Basic Services Preservation |
25 |
| Fund, or to any
funds to which Section 70-50 of the Nurse |
26 |
| Practice Act applies. No transfers may be made under this |
|
|
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|
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| Section from the Pet Population Control Fund. Notwithstanding |
2 |
| any
other provision of this Section, for fiscal year 2004,
the |
3 |
| total transfer under this Section from the Road Fund or the |
4 |
| State
Construction Account Fund shall not exceed the lesser of |
5 |
| (i) 5% of the revenues to be deposited
into the fund during |
6 |
| that fiscal year or (ii) 25% of the beginning balance in the |
7 |
| fund.
For fiscal year 2005 through fiscal year 2007, no amounts |
8 |
| may be transferred under this Section from the Road Fund, the |
9 |
| State Construction Account Fund, the Criminal Justice |
10 |
| Information Systems Trust Fund, the Wireless Service Emergency |
11 |
| Fund, or the Mandatory Arbitration Fund.
|
12 |
| In determining the available balance in a fund, the |
13 |
| Governor
may include receipts, transfers into the fund, and |
14 |
| other
resources anticipated to be available in the fund in that |
15 |
| fiscal year.
|
16 |
| The State Treasurer and Comptroller shall transfer the |
17 |
| amounts designated
under this Section as soon as may be |
18 |
| practicable after receiving the direction
to transfer from the |
19 |
| Governor.
|
20 |
| (a-5) Transfers directed to be made under this Section on |
21 |
| or before February 28, 2006 that are still pending on May 19, |
22 |
| 2006 (the effective date of Public Act 94-774) shall be |
23 |
| redirected as provided in Section 8n of this Act.
|
24 |
| (b) This Section does not apply to: (i) the Ticket For The |
25 |
| Cure Fund; (ii) any fund established under the Community Senior |
26 |
| Services and Resources Act; or (iii) on or after January 1, |
|
|
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| 2006 (the effective date of Public Act 94-511), the Child Labor |
2 |
| and Day and Temporary Labor Enforcement Fund. |
3 |
| (c) This Section does not apply to the Demutualization |
4 |
| Trust Fund established under the Uniform Disposition of |
5 |
| Unclaimed Property Act.
|
6 |
| (d) This Section does not apply to moneys set aside in the |
7 |
| Illinois State Podiatric Disciplinary Fund for podiatric |
8 |
| scholarships and residency programs under the Podiatric |
9 |
| Scholarship and Residency Act. |
10 |
| (e) Subsection (a) does not apply to, and no transfer may |
11 |
| be made under this Section from, the Pension Stabilization |
12 |
| Fund.
|
13 |
| (f) Subsection (a) does not apply to, and no transfer may |
14 |
| be made under this Section from, the Illinois Power Agency |
15 |
| Operations Fund, the Illinois Power Agency Facilities Fund, the |
16 |
| Illinois Power Agency Debt Service Fund, and the Illinois Power |
17 |
| Agency Trust Fund.
|
18 |
| (g)
(f) This Section does not apply to the Veterans Service |
19 |
| Organization Reimbursement Fund.
|
20 |
| (h)
(f) This Section does not apply to the Supreme Court |
21 |
| Historic Preservation Fund.
|
22 |
| (Source: P.A. 94-91, eff. 7-1-05; 94-120, eff. 7-6-05; 94-511, |
23 |
| eff. 1-1-06; 94-535, eff. 8-10-05; 94-639, eff. 8-22-05; |
24 |
| 94-645, eff. 8-22-05; 94-648, eff. 1-1-06; 94-686, eff. |
25 |
| 11-2-05; 94-691, eff. 11-2-05; 94-726, eff. 1-20-06; 94-773, |
26 |
| eff. 5-18-06; 94-774, eff. 5-19-06; 94-804, eff. 5-26-06; |
|
|
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|
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| 94-839, eff. 6-6-06; 95-331, eff. 8-21-07; 95-410, eff. |
2 |
| 8-24-07; 95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, |
3 |
| eff. 10-5-07; 95-695, eff. 11-5-07; revised 11-2-07.)
|
4 |
| Section 90-20. The Illinois Procurement Code is amended by |
5 |
| changing Section 50-70 as follows:
|
6 |
| (30 ILCS 500/50-70)
|
7 |
| Sec. 50-70. Additional provisions. This Code is subject
to |
8 |
| applicable provisions of
the following Acts:
|
9 |
| (1) Article 33E of the Criminal Code of 1961;
|
10 |
| (2) the Illinois Human Rights Act;
|
11 |
| (3) the Discriminatory Club Act;
|
12 |
| (4) the Illinois Governmental Ethics Act;
|
13 |
| (5) the State Prompt Payment Act;
|
14 |
| (6) the Public Officer Prohibited Activities Act;
|
15 |
| (7) the Drug Free Workplace Act; and
|
16 |
| (8) the Illinois Power Agency Act ; .
|
17 |
| (9)
(8) the Employee Classification Act ; and .
|
18 |
| (10) the Illinois Gambling Act.
|
19 |
| (Source: P.A. 95-26, eff. 1-1-08; 95-481, eff. 8-28-07; revised |
20 |
| 11-2-07.)
|
21 |
| Section 90-21. The Retailers' Occupation Tax Act is amended |
22 |
| by changing Section 3 as follows:
|
|
|
|
09500HB2651sam003 |
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|
|
1 |
| (35 ILCS 120/3) (from Ch. 120, par. 442)
|
2 |
| Sec. 3. Except as provided in this Section, on or before |
3 |
| the twentieth
day of each calendar month, every person engaged |
4 |
| in the business of
selling tangible personal property at retail |
5 |
| in this State during the
preceding calendar month shall file a |
6 |
| return with the Department, stating:
|
7 |
| 1. The name of the seller;
|
8 |
| 2. His residence address and the address of his |
9 |
| principal place of
business and the address of the |
10 |
| principal place of business (if that is
a different |
11 |
| address) from which he engages in the business of selling
|
12 |
| tangible personal property at retail in this State;
|
13 |
| 3. Total amount of receipts received by him during the |
14 |
| preceding
calendar month or quarter, as the case may be, |
15 |
| from sales of tangible
personal property, and from services |
16 |
| furnished, by him during such
preceding calendar month or |
17 |
| quarter;
|
18 |
| 4. Total amount received by him during the preceding |
19 |
| calendar month or
quarter on charge and time sales of |
20 |
| tangible personal property, and from
services furnished, |
21 |
| by him prior to the month or quarter for which the return
|
22 |
| is filed;
|
23 |
| 5. Deductions allowed by law;
|
24 |
| 6. Gross receipts which were received by him during the |
25 |
| preceding
calendar month or quarter and upon the basis of |
26 |
| which the tax is imposed;
|
|
|
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| 7. The amount of credit provided in Section 2d of this |
2 |
| Act;
|
3 |
| 8. The amount of tax due;
|
4 |
| 9. The signature of the taxpayer; and
|
5 |
| 10. Such other reasonable information as the |
6 |
| Department may require.
|
7 |
| If a taxpayer fails to sign a return within 30 days after |
8 |
| the proper notice
and demand for signature by the Department, |
9 |
| the return shall be considered
valid and any amount shown to be |
10 |
| due on the return shall be deemed assessed.
|
11 |
| Each return shall be accompanied by the statement of |
12 |
| prepaid tax issued
pursuant to Section 2e for which credit is |
13 |
| claimed.
|
14 |
| Prior to October 1, 2003, and on and after September 1, |
15 |
| 2004 a retailer may accept a Manufacturer's Purchase
Credit
|
16 |
| certification from a purchaser in satisfaction of Use Tax
as |
17 |
| provided in Section 3-85 of the Use Tax Act if the purchaser |
18 |
| provides the
appropriate documentation as required by Section |
19 |
| 3-85
of the Use Tax Act. A Manufacturer's Purchase Credit
|
20 |
| certification, accepted by a retailer prior to October 1, 2003 |
21 |
| and on and after September 1, 2004 as provided
in
Section 3-85 |
22 |
| of the Use Tax Act, may be used by that retailer to
satisfy |
23 |
| Retailers' Occupation Tax liability in the amount claimed in
|
24 |
| the certification, not to exceed 6.25% of the receipts
subject |
25 |
| to tax from a qualifying purchase. A Manufacturer's Purchase |
26 |
| Credit
reported on any original or amended return
filed under
|
|
|
|
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|
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| this Act after October 20, 2003 for reporting periods prior to |
2 |
| September 1, 2004 shall be disallowed. Manufacturer's |
3 |
| Purchaser Credit reported on annual returns due on or after |
4 |
| January 1, 2005 will be disallowed for periods prior to |
5 |
| September 1, 2004. No Manufacturer's
Purchase Credit may be |
6 |
| used after September 30, 2003 through August 31, 2004 to
|
7 |
| satisfy any
tax liability imposed under this Act, including any |
8 |
| audit liability.
|
9 |
| The Department may require returns to be filed on a |
10 |
| quarterly basis.
If so required, a return for each calendar |
11 |
| quarter shall be filed on or
before the twentieth day of the |
12 |
| calendar month following the end of such
calendar quarter. The |
13 |
| taxpayer shall also file a return with the
Department for each |
14 |
| of the first two months of each calendar quarter, on or
before |
15 |
| the twentieth day of the following calendar month, stating:
|
16 |
| 1. The name of the seller;
|
17 |
| 2. The address of the principal place of business from |
18 |
| which he engages
in the business of selling tangible |
19 |
| personal property at retail in this State;
|
20 |
| 3. The total amount of taxable receipts received by him |
21 |
| during the
preceding calendar month from sales of tangible |
22 |
| personal property by him
during such preceding calendar |
23 |
| month, including receipts from charge and
time sales, but |
24 |
| less all deductions allowed by law;
|
25 |
| 4. The amount of credit provided in Section 2d of this |
26 |
| Act;
|
|
|
|
09500HB2651sam003 |
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|
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| 5. The amount of tax due; and
|
2 |
| 6. Such other reasonable information as the Department |
3 |
| may
require.
|
4 |
| Beginning on October 1, 2003, any person who is not a |
5 |
| licensed
distributor, importing distributor, or manufacturer, |
6 |
| as defined in the Liquor
Control Act of 1934, but is engaged in |
7 |
| the business of
selling, at retail, alcoholic liquor
shall file |
8 |
| a statement with the Department of Revenue, in a format
and at |
9 |
| a time prescribed by the Department, showing the total amount |
10 |
| paid for
alcoholic liquor purchased during the preceding month |
11 |
| and such other
information as is reasonably required by the |
12 |
| Department.
The Department may adopt rules to require
that this |
13 |
| statement be filed in an electronic or telephonic format. Such |
14 |
| rules
may provide for exceptions from the filing requirements |
15 |
| of this paragraph. For
the
purposes of this
paragraph, the term |
16 |
| "alcoholic liquor" shall have the meaning prescribed in the
|
17 |
| Liquor Control Act of 1934.
|
18 |
| Beginning on October 1, 2003, every distributor, importing |
19 |
| distributor, and
manufacturer of alcoholic liquor as defined in |
20 |
| the Liquor Control Act of 1934,
shall file a
statement with the |
21 |
| Department of Revenue, no later than the 10th day of the
month |
22 |
| for the
preceding month during which transactions occurred, by |
23 |
| electronic means,
showing the
total amount of gross receipts |
24 |
| from the sale of alcoholic liquor sold or
distributed during
|
25 |
| the preceding month to purchasers; identifying the purchaser to |
26 |
| whom it was
sold or
distributed; the purchaser's tax |
|
|
|
09500HB2651sam003 |
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|
|
1 |
| registration number; and such other
information
reasonably |
2 |
| required by the Department. A distributor, importing |
3 |
| distributor, or manufacturer of alcoholic liquor must |
4 |
| personally deliver, mail, or provide by electronic means to |
5 |
| each retailer listed on the monthly statement a report |
6 |
| containing a cumulative total of that distributor's, importing |
7 |
| distributor's, or manufacturer's total sales of alcoholic |
8 |
| liquor to that retailer no later than the 10th day of the month |
9 |
| for the preceding month during which the transaction occurred. |
10 |
| The distributor, importing distributor, or manufacturer shall |
11 |
| notify the retailer as to the method by which the distributor, |
12 |
| importing distributor, or manufacturer will provide the sales |
13 |
| information. If the retailer is unable to receive the sales |
14 |
| information by electronic means, the distributor, importing |
15 |
| distributor, or manufacturer shall furnish the sales |
16 |
| information by personal delivery or by mail. For purposes of |
17 |
| this paragraph, the term "electronic means" includes, but is |
18 |
| not limited to, the use of a secure Internet website, e-mail, |
19 |
| or facsimile.
|
20 |
| If a total amount of less than $1 is payable, refundable or |
21 |
| creditable,
such amount shall be disregarded if it is less than |
22 |
| 50 cents and shall be
increased to $1 if it is 50 cents or more.
|
23 |
| Beginning October 1, 1993,
a taxpayer who has an average |
24 |
| monthly tax liability of $150,000 or more shall
make all |
25 |
| payments required by rules of the
Department by electronic |
26 |
| funds transfer. Beginning October 1, 1994, a taxpayer
who has |
|
|
|
09500HB2651sam003 |
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|
1 |
| an average monthly tax liability of $100,000 or more shall make |
2 |
| all
payments required by rules of the Department by electronic |
3 |
| funds transfer.
Beginning October 1, 1995, a taxpayer who has |
4 |
| an average monthly tax liability
of $50,000 or more shall make |
5 |
| all
payments required by rules of the Department by electronic |
6 |
| funds transfer.
Beginning October 1, 2000, a taxpayer who has |
7 |
| an annual tax liability of
$200,000 or more shall make all |
8 |
| payments required by rules of the Department by
electronic |
9 |
| funds transfer. The term "annual tax liability" shall be the |
10 |
| sum of
the taxpayer's liabilities under this Act, and under all |
11 |
| other State and local
occupation and use tax laws administered |
12 |
| by the Department, for the immediately
preceding calendar year.
|
13 |
| The term "average monthly tax liability" shall be the sum of |
14 |
| the
taxpayer's liabilities under this
Act, and under all other |
15 |
| State and local occupation and use tax
laws administered by the |
16 |
| Department, for the immediately preceding calendar
year |
17 |
| divided by 12.
Beginning on October 1, 2002, a taxpayer who has |
18 |
| a tax liability in the
amount set forth in subsection (b) of |
19 |
| Section 2505-210 of the Department of
Revenue Law shall make |
20 |
| all payments required by rules of the Department by
electronic |
21 |
| funds transfer.
|
22 |
| Before August 1 of each year beginning in 1993, the |
23 |
| Department shall
notify all taxpayers required to make payments |
24 |
| by electronic funds
transfer. All taxpayers
required to make |
25 |
| payments by electronic funds transfer shall make those
payments |
26 |
| for
a minimum of one year beginning on October 1.
|
|
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09500HB2651sam003 |
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|
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| Any taxpayer not required to make payments by electronic |
2 |
| funds transfer may
make payments by electronic funds transfer |
3 |
| with
the permission of the Department.
|
4 |
| All taxpayers required to make payment by electronic funds |
5 |
| transfer and
any taxpayers authorized to voluntarily make |
6 |
| payments by electronic funds
transfer shall make those payments |
7 |
| in the manner authorized by the Department.
|
8 |
| The Department shall adopt such rules as are necessary to |
9 |
| effectuate a
program of electronic funds transfer and the |
10 |
| requirements of this Section.
|
11 |
| Any amount which is required to be shown or reported on any |
12 |
| return or
other document under this Act shall, if such amount |
13 |
| is not a whole-dollar
amount, be increased to the nearest |
14 |
| whole-dollar amount in any case where
the fractional part of a |
15 |
| dollar is 50 cents or more, and decreased to the
nearest |
16 |
| whole-dollar amount where the fractional part of a dollar is |
17 |
| less
than 50 cents.
|
18 |
| If the retailer is otherwise required to file a monthly |
19 |
| return and if the
retailer's average monthly tax liability to |
20 |
| the Department does not exceed
$200, the Department may |
21 |
| authorize his returns to be filed on a quarter
annual basis, |
22 |
| with the return for January, February and March of a given
year |
23 |
| being due by April 20 of such year; with the return for April, |
24 |
| May and
June of a given year being due by July 20 of such year; |
25 |
| with the return for
July, August and September of a given year |
26 |
| being due by October 20 of such
year, and with the return for |
|
|
|
09500HB2651sam003 |
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|
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| October, November and December of a given
year being due by |
2 |
| January 20 of the following year.
|
3 |
| If the retailer is otherwise required to file a monthly or |
4 |
| quarterly
return and if the retailer's average monthly tax |
5 |
| liability with the
Department does not exceed $50, the |
6 |
| Department may authorize his returns to
be filed on an annual |
7 |
| basis, with the return for a given year being due by
January 20 |
8 |
| of the following year.
|
9 |
| Such quarter annual and annual returns, as to form and |
10 |
| substance,
shall be subject to the same requirements as monthly |
11 |
| returns.
|
12 |
| Notwithstanding any other provision in this Act concerning |
13 |
| the time
within which a retailer may file his return, in the |
14 |
| case of any retailer
who ceases to engage in a kind of business |
15 |
| which makes him responsible
for filing returns under this Act, |
16 |
| such retailer shall file a final
return under this Act with the |
17 |
| Department not more than one month after
discontinuing such |
18 |
| business.
|
19 |
| Where the same person has more than one business registered |
20 |
| with the
Department under separate registrations under this |
21 |
| Act, such person may
not file each return that is due as a |
22 |
| single return covering all such
registered businesses, but |
23 |
| shall file separate returns for each such
registered business.
|
24 |
| In addition, with respect to motor vehicles, watercraft,
|
25 |
| aircraft, and trailers that are required to be registered with |
26 |
| an agency of
this State, every
retailer selling this kind of |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| tangible personal property shall file,
with the Department, |
2 |
| upon a form to be prescribed and supplied by the
Department, a |
3 |
| separate return for each such item of tangible personal
|
4 |
| property which the retailer sells, except that if, in the same
|
5 |
| transaction, (i) a retailer of aircraft, watercraft, motor |
6 |
| vehicles or
trailers transfers more than one aircraft, |
7 |
| watercraft, motor
vehicle or trailer to another aircraft, |
8 |
| watercraft, motor vehicle
retailer or trailer retailer for the |
9 |
| purpose of resale
or (ii) a retailer of aircraft, watercraft, |
10 |
| motor vehicles, or trailers
transfers more than one aircraft, |
11 |
| watercraft, motor vehicle, or trailer to a
purchaser for use as |
12 |
| a qualifying rolling stock as provided in Section 2-5 of
this |
13 |
| Act, then
that seller may report the transfer of all aircraft,
|
14 |
| watercraft, motor vehicles or trailers involved in that |
15 |
| transaction to the
Department on the same uniform |
16 |
| invoice-transaction reporting return form. For
purposes of |
17 |
| this Section, "watercraft" means a Class 2, Class 3, or Class 4
|
18 |
| watercraft as defined in Section 3-2 of the Boat Registration |
19 |
| and Safety Act, a
personal watercraft, or any boat equipped |
20 |
| with an inboard motor.
|
21 |
| Any retailer who sells only motor vehicles, watercraft,
|
22 |
| aircraft, or trailers that are required to be registered with |
23 |
| an agency of
this State, so that all
retailers' occupation tax |
24 |
| liability is required to be reported, and is
reported, on such |
25 |
| transaction reporting returns and who is not otherwise
required |
26 |
| to file monthly or quarterly returns, need not file monthly or
|
|
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09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| quarterly returns. However, those retailers shall be required |
2 |
| to
file returns on an annual basis.
|
3 |
| The transaction reporting return, in the case of motor |
4 |
| vehicles
or trailers that are required to be registered with an |
5 |
| agency of this
State, shall
be the same document as the Uniform |
6 |
| Invoice referred to in Section 5-402
of The Illinois Vehicle |
7 |
| Code and must show the name and address of the
seller; the name |
8 |
| and address of the purchaser; the amount of the selling
price |
9 |
| including the amount allowed by the retailer for traded-in
|
10 |
| property, if any; the amount allowed by the retailer for the |
11 |
| traded-in
tangible personal property, if any, to the extent to |
12 |
| which Section 1 of
this Act allows an exemption for the value |
13 |
| of traded-in property; the
balance payable after deducting such |
14 |
| trade-in allowance from the total
selling price; the amount of |
15 |
| tax due from the retailer with respect to
such transaction; the |
16 |
| amount of tax collected from the purchaser by the
retailer on |
17 |
| such transaction (or satisfactory evidence that such tax is
not |
18 |
| due in that particular instance, if that is claimed to be the |
19 |
| fact);
the place and date of the sale; a sufficient |
20 |
| identification of the
property sold; such other information as |
21 |
| is required in Section 5-402 of
The Illinois Vehicle Code, and |
22 |
| such other information as the Department
may reasonably |
23 |
| require.
|
24 |
| The transaction reporting return in the case of watercraft
|
25 |
| or aircraft must show
the name and address of the seller; the |
26 |
| name and address of the
purchaser; the amount of the selling |
|
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09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| price including the amount allowed
by the retailer for |
2 |
| traded-in property, if any; the amount allowed by
the retailer |
3 |
| for the traded-in tangible personal property, if any, to
the |
4 |
| extent to which Section 1 of this Act allows an exemption for |
5 |
| the
value of traded-in property; the balance payable after |
6 |
| deducting such
trade-in allowance from the total selling price; |
7 |
| the amount of tax due
from the retailer with respect to such |
8 |
| transaction; the amount of tax
collected from the purchaser by |
9 |
| the retailer on such transaction (or
satisfactory evidence that |
10 |
| such tax is not due in that particular
instance, if that is |
11 |
| claimed to be the fact); the place and date of the
sale, a |
12 |
| sufficient identification of the property sold, and such other
|
13 |
| information as the Department may reasonably require.
|
14 |
| Such transaction reporting return shall be filed not later |
15 |
| than 20
days after the day of delivery of the item that is |
16 |
| being sold, but may
be filed by the retailer at any time sooner |
17 |
| than that if he chooses to
do so. The transaction reporting |
18 |
| return and tax remittance or proof of
exemption from the |
19 |
| Illinois use tax may be transmitted to the Department
by way of |
20 |
| the State agency with which, or State officer with whom the
|
21 |
| tangible personal property must be titled or registered (if |
22 |
| titling or
registration is required) if the Department and such |
23 |
| agency or State
officer determine that this procedure will |
24 |
| expedite the processing of
applications for title or |
25 |
| registration.
|
26 |
| With each such transaction reporting return, the retailer |
|
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09500HB2651sam003 |
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|
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| shall remit
the proper amount of tax due (or shall submit |
2 |
| satisfactory evidence that
the sale is not taxable if that is |
3 |
| the case), to the Department or its
agents, whereupon the |
4 |
| Department shall issue, in the purchaser's name, a
use tax |
5 |
| receipt (or a certificate of exemption if the Department is
|
6 |
| satisfied that the particular sale is tax exempt) which such |
7 |
| purchaser
may submit to the agency with which, or State officer |
8 |
| with whom, he must
title or register the tangible personal |
9 |
| property that is involved (if
titling or registration is |
10 |
| required) in support of such purchaser's
application for an |
11 |
| Illinois certificate or other evidence of title or
registration |
12 |
| to such tangible personal property.
|
13 |
| No retailer's failure or refusal to remit tax under this |
14 |
| Act
precludes a user, who has paid the proper tax to the |
15 |
| retailer, from
obtaining his certificate of title or other |
16 |
| evidence of title or
registration (if titling or registration |
17 |
| is required) upon satisfying
the Department that such user has |
18 |
| paid the proper tax (if tax is due) to
the retailer. The |
19 |
| Department shall adopt appropriate rules to carry out
the |
20 |
| mandate of this paragraph.
|
21 |
| If the user who would otherwise pay tax to the retailer |
22 |
| wants the
transaction reporting return filed and the payment of |
23 |
| the tax or proof
of exemption made to the Department before the |
24 |
| retailer is willing to
take these actions and such user has not |
25 |
| paid the tax to the retailer,
such user may certify to the fact |
26 |
| of such delay by the retailer and may
(upon the Department |
|
|
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09500HB2651sam003 |
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|
|
1 |
| being satisfied of the truth of such certification)
transmit |
2 |
| the information required by the transaction reporting return
|
3 |
| and the remittance for tax or proof of exemption directly to |
4 |
| the
Department and obtain his tax receipt or exemption |
5 |
| determination, in
which event the transaction reporting return |
6 |
| and tax remittance (if a
tax payment was required) shall be |
7 |
| credited by the Department to the
proper retailer's account |
8 |
| with the Department, but without the 2.1% or 1.75%
discount |
9 |
| provided for in this Section being allowed. When the user pays
|
10 |
| the tax directly to the Department, he shall pay the tax in the |
11 |
| same
amount and in the same form in which it would be remitted |
12 |
| if the tax had
been remitted to the Department by the retailer.
|
13 |
| Refunds made by the seller during the preceding return |
14 |
| period to
purchasers, on account of tangible personal property |
15 |
| returned to the
seller, shall be allowed as a deduction under |
16 |
| subdivision 5 of his monthly
or quarterly return, as the case |
17 |
| may be, in case the
seller had theretofore included the |
18 |
| receipts from the sale of such
tangible personal property in a |
19 |
| return filed by him and had paid the tax
imposed by this Act |
20 |
| with respect to such receipts.
|
21 |
| Where the seller is a corporation, the return filed on |
22 |
| behalf of such
corporation shall be signed by the president, |
23 |
| vice-president, secretary
or treasurer or by the properly |
24 |
| accredited agent of such corporation.
|
25 |
| Where the seller is a limited liability company, the return |
26 |
| filed on behalf
of the limited liability company shall be |
|
|
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09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| signed by a manager, member, or
properly accredited agent of |
2 |
| the limited liability company.
|
3 |
| Except as provided in this Section, the retailer filing the |
4 |
| return
under this Section shall, at the time of filing such |
5 |
| return, pay to the
Department the amount of tax imposed by this |
6 |
| Act less a discount of 2.1%
prior to January 1, 1990 and 1.75% |
7 |
| on and after January 1, 1990, or $5 per
calendar year, |
8 |
| whichever is greater, which is allowed to
reimburse the |
9 |
| retailer for the expenses incurred in keeping records,
|
10 |
| preparing and filing returns, remitting the tax and supplying |
11 |
| data to
the Department on request. Any prepayment made pursuant |
12 |
| to Section 2d
of this Act shall be included in the amount on |
13 |
| which such
2.1% or 1.75% discount is computed. In the case of |
14 |
| retailers who report
and pay the tax on a transaction by |
15 |
| transaction basis, as provided in this
Section, such discount |
16 |
| shall be taken with each such tax remittance
instead of when |
17 |
| such retailer files his periodic return.
|
18 |
| Before October 1, 2000, if the taxpayer's average monthly |
19 |
| tax liability
to the Department
under this Act, the Use Tax |
20 |
| Act, the Service Occupation Tax
Act, and the Service Use Tax |
21 |
| Act, excluding any liability for prepaid sales
tax to be |
22 |
| remitted in accordance with Section 2d of this Act, was
$10,000
|
23 |
| or more during the preceding 4 complete calendar quarters, he |
24 |
| shall file a
return with the Department each month by the 20th |
25 |
| day of the month next
following the month during which such tax |
26 |
| liability is incurred and shall
make payments to the Department |
|
|
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09500HB2651sam003 |
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|
1 |
| on or before the 7th, 15th, 22nd and last
day of the month |
2 |
| during which such liability is incurred.
On and after October |
3 |
| 1, 2000, if the taxpayer's average monthly tax liability
to the |
4 |
| Department under this Act, the Use Tax Act, the Service |
5 |
| Occupation Tax
Act, and the Service Use Tax Act, excluding any |
6 |
| liability for prepaid sales tax
to be remitted in accordance |
7 |
| with Section 2d of this Act, was $20,000 or more
during the |
8 |
| preceding 4 complete calendar quarters, he shall file a return |
9 |
| with
the Department each month by the 20th day of the month |
10 |
| next following the month
during which such tax liability is |
11 |
| incurred and shall make payment to the
Department on or before |
12 |
| the 7th, 15th, 22nd and last day of the month during
which such |
13 |
| liability is incurred.
If the month
during which such tax |
14 |
| liability is incurred began prior to January 1, 1985,
each |
15 |
| payment shall be in an amount equal to 1/4 of the taxpayer's |
16 |
| actual
liability for the month or an amount set by the |
17 |
| Department not to exceed
1/4 of the average monthly liability |
18 |
| of the taxpayer to the Department for
the preceding 4 complete |
19 |
| calendar quarters (excluding the month of highest
liability and |
20 |
| the month of lowest liability in such 4 quarter period). If
the |
21 |
| month during which such tax liability is incurred begins on or |
22 |
| after
January 1, 1985 and prior to January 1, 1987, each |
23 |
| payment shall be in an
amount equal to 22.5% of the taxpayer's |
24 |
| actual liability for the month or
27.5% of the taxpayer's |
25 |
| liability for the same calendar
month of the preceding year. If |
26 |
| the month during which such tax
liability is incurred begins on |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| or after January 1, 1987 and prior to
January 1, 1988, each |
2 |
| payment shall be in an amount equal to 22.5% of the
taxpayer's |
3 |
| actual liability for the month or 26.25% of the taxpayer's
|
4 |
| liability for the same calendar month of the preceding year. If |
5 |
| the month
during which such tax liability is incurred begins on |
6 |
| or after January 1,
1988, and prior to January 1, 1989, or |
7 |
| begins on or after January 1, 1996, each
payment shall be in an |
8 |
| amount
equal to 22.5% of the taxpayer's actual liability for |
9 |
| the month or 25% of
the taxpayer's liability for the same |
10 |
| calendar month of the preceding year. If
the month during which |
11 |
| such tax liability is incurred begins on or after
January 1, |
12 |
| 1989, and prior to January 1, 1996, each payment shall be in an
|
13 |
| amount equal to 22.5% of the
taxpayer's actual liability for |
14 |
| the month or 25% of the taxpayer's
liability for the same |
15 |
| calendar month of the preceding year or 100% of the
taxpayer's |
16 |
| actual liability for the quarter monthly reporting period. The
|
17 |
| amount of such quarter monthly payments shall be credited |
18 |
| against
the final tax liability of the taxpayer's return for |
19 |
| that month. Before
October 1, 2000, once
applicable, the |
20 |
| requirement of the making of quarter monthly payments to
the |
21 |
| Department by taxpayers having an average monthly tax liability |
22 |
| of
$10,000 or more as determined in the manner provided above
|
23 |
| shall continue
until such taxpayer's average monthly liability |
24 |
| to the Department during
the preceding 4 complete calendar |
25 |
| quarters (excluding the month of highest
liability and the |
26 |
| month of lowest liability) is less than
$9,000, or until
such |
|
|
|
09500HB2651sam003 |
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|
1 |
| taxpayer's average monthly liability to the Department as |
2 |
| computed for
each calendar quarter of the 4 preceding complete |
3 |
| calendar quarter period
is less than $10,000. However, if a |
4 |
| taxpayer can show the
Department that
a substantial change in |
5 |
| the taxpayer's business has occurred which causes
the taxpayer |
6 |
| to anticipate that his average monthly tax liability for the
|
7 |
| reasonably foreseeable future will fall below the $10,000 |
8 |
| threshold
stated above, then
such taxpayer
may petition the |
9 |
| Department for a change in such taxpayer's reporting
status. On |
10 |
| and after October 1, 2000, once applicable, the requirement of
|
11 |
| the making of quarter monthly payments to the Department by |
12 |
| taxpayers having an
average monthly tax liability of $20,000 or |
13 |
| more as determined in the manner
provided above shall continue |
14 |
| until such taxpayer's average monthly liability
to the |
15 |
| Department during the preceding 4 complete calendar quarters |
16 |
| (excluding
the month of highest liability and the month of |
17 |
| lowest liability) is less than
$19,000 or until such taxpayer's |
18 |
| average monthly liability to the Department as
computed for |
19 |
| each calendar quarter of the 4 preceding complete calendar |
20 |
| quarter
period is less than $20,000. However, if a taxpayer can |
21 |
| show the Department
that a substantial change in the taxpayer's |
22 |
| business has occurred which causes
the taxpayer to anticipate |
23 |
| that his average monthly tax liability for the
reasonably |
24 |
| foreseeable future will fall below the $20,000 threshold stated
|
25 |
| above, then such taxpayer may petition the Department for a |
26 |
| change in such
taxpayer's reporting status. The Department |
|
|
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09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| shall change such taxpayer's
reporting status
unless it finds |
2 |
| that such change is seasonal in nature and not likely to be
|
3 |
| long term. If any such quarter monthly payment is not paid at |
4 |
| the time or
in the amount required by this Section, then the |
5 |
| taxpayer shall be liable for
penalties and interest on the |
6 |
| difference
between the minimum amount due as a payment and the |
7 |
| amount of such quarter
monthly payment actually and timely |
8 |
| paid, except insofar as the
taxpayer has previously made |
9 |
| payments for that month to the Department in
excess of the |
10 |
| minimum payments previously due as provided in this Section.
|
11 |
| The Department shall make reasonable rules and regulations to |
12 |
| govern the
quarter monthly payment amount and quarter monthly |
13 |
| payment dates for
taxpayers who file on other than a calendar |
14 |
| monthly basis.
|
15 |
| The provisions of this paragraph apply before October 1, |
16 |
| 2001.
Without regard to whether a taxpayer is required to make |
17 |
| quarter monthly
payments as specified above, any taxpayer who |
18 |
| is required by Section 2d
of this Act to collect and remit |
19 |
| prepaid taxes and has collected prepaid
taxes which average in |
20 |
| excess of $25,000 per month during the preceding
2 complete |
21 |
| calendar quarters, shall file a return with the Department as
|
22 |
| required by Section 2f and shall make payments to the |
23 |
| Department on or before
the 7th, 15th, 22nd and last day of the |
24 |
| month during which such liability
is incurred. If the month |
25 |
| during which such tax liability is incurred
began prior to the |
26 |
| effective date of this amendatory Act of 1985, each
payment |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| shall be in an amount not less than 22.5% of the taxpayer's |
2 |
| actual
liability under Section 2d. If the month during which |
3 |
| such tax liability
is incurred begins on or after January 1, |
4 |
| 1986, each payment shall be in an
amount equal to 22.5% of the |
5 |
| taxpayer's actual liability for the month or
27.5% of the |
6 |
| taxpayer's liability for the same calendar month of the
|
7 |
| preceding calendar year. If the month during which such tax |
8 |
| liability is
incurred begins on or after January 1, 1987, each |
9 |
| payment shall be in an
amount equal to 22.5% of the taxpayer's |
10 |
| actual liability for the month or
26.25% of the taxpayer's |
11 |
| liability for the same calendar month of the
preceding year. |
12 |
| The amount of such quarter monthly payments shall be
credited |
13 |
| against the final tax liability of the taxpayer's return for |
14 |
| that
month filed under this Section or Section 2f, as the case |
15 |
| may be. Once
applicable, the requirement of the making of |
16 |
| quarter monthly payments to
the Department pursuant to this |
17 |
| paragraph shall continue until such
taxpayer's average monthly |
18 |
| prepaid tax collections during the preceding 2
complete |
19 |
| calendar quarters is $25,000 or less. If any such quarter |
20 |
| monthly
payment is not paid at the time or in the amount |
21 |
| required, the taxpayer
shall be liable for penalties and |
22 |
| interest on such difference, except
insofar as the taxpayer has |
23 |
| previously made payments for that month in
excess of the |
24 |
| minimum payments previously due.
|
25 |
| The provisions of this paragraph apply on and after October |
26 |
| 1, 2001.
Without regard to whether a taxpayer is required to |
|
|
|
09500HB2651sam003 |
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|
1 |
| make quarter monthly
payments as specified above, any taxpayer |
2 |
| who is required by Section 2d of this
Act to collect and remit |
3 |
| prepaid taxes and has collected prepaid taxes that
average in |
4 |
| excess of $20,000 per month during the preceding 4 complete |
5 |
| calendar
quarters shall file a return with the Department as |
6 |
| required by Section 2f
and shall make payments to the |
7 |
| Department on or before the 7th, 15th, 22nd and
last day of the |
8 |
| month during which the liability is incurred. Each payment
|
9 |
| shall be in an amount equal to 22.5% of the taxpayer's actual |
10 |
| liability for the
month or 25% of the taxpayer's liability for |
11 |
| the same calendar month of the
preceding year. The amount of |
12 |
| the quarter monthly payments shall be credited
against the |
13 |
| final tax liability of the taxpayer's return for that month |
14 |
| filed
under this Section or Section 2f, as the case may be. |
15 |
| Once applicable, the
requirement of the making of quarter |
16 |
| monthly payments to the Department
pursuant to this paragraph |
17 |
| shall continue until the taxpayer's average monthly
prepaid tax |
18 |
| collections during the preceding 4 complete calendar quarters
|
19 |
| (excluding the month of highest liability and the month of |
20 |
| lowest liability) is
less than $19,000 or until such taxpayer's |
21 |
| average monthly liability to the
Department as computed for |
22 |
| each calendar quarter of the 4 preceding complete
calendar |
23 |
| quarters is less than $20,000. If any such quarter monthly |
24 |
| payment is
not paid at the time or in the amount required, the |
25 |
| taxpayer shall be liable
for penalties and interest on such |
26 |
| difference, except insofar as the taxpayer
has previously made |
|
|
|
09500HB2651sam003 |
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|
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| payments for that month in excess of the minimum payments
|
2 |
| previously due.
|
3 |
| If any payment provided for in this Section exceeds
the |
4 |
| taxpayer's liabilities under this Act, the Use Tax Act, the |
5 |
| Service
Occupation Tax Act and the Service Use Tax Act, as |
6 |
| shown on an original
monthly return, the Department shall, if |
7 |
| requested by the taxpayer, issue to
the taxpayer a credit |
8 |
| memorandum no later than 30 days after the date of
payment. The |
9 |
| credit evidenced by such credit memorandum may
be assigned by |
10 |
| the taxpayer to a similar taxpayer under this Act, the
Use Tax |
11 |
| Act, the Service Occupation Tax Act or the Service Use Tax Act, |
12 |
| in
accordance with reasonable rules and regulations to be |
13 |
| prescribed by the
Department. If no such request is made, the |
14 |
| taxpayer may credit such excess
payment against tax liability |
15 |
| subsequently to be remitted to the Department
under this Act, |
16 |
| the Use Tax Act, the Service Occupation Tax Act or the
Service |
17 |
| Use Tax Act, in accordance with reasonable rules and |
18 |
| regulations
prescribed by the Department. If the Department |
19 |
| subsequently determined
that all or any part of the credit |
20 |
| taken was not actually due to the
taxpayer, the taxpayer's 2.1% |
21 |
| and 1.75% vendor's discount shall be reduced
by 2.1% or 1.75% |
22 |
| of the difference between the credit taken and that
actually |
23 |
| due, and that taxpayer shall be liable for penalties and |
24 |
| interest
on such difference.
|
25 |
| If a retailer of motor fuel is entitled to a credit under |
26 |
| Section 2d of
this Act which exceeds the taxpayer's liability |
|
|
|
09500HB2651sam003 |
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|
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| to the Department under
this Act for the month which the |
2 |
| taxpayer is filing a return, the
Department shall issue the |
3 |
| taxpayer a credit memorandum for the excess.
|
4 |
| Beginning January 1, 1990, each month the Department shall |
5 |
| pay into
the Local Government Tax Fund, a special fund in the |
6 |
| State treasury which
is hereby created, the net revenue |
7 |
| realized for the preceding month from
the 1% tax on sales of |
8 |
| food for human consumption which is to be consumed
off the |
9 |
| premises where it is sold (other than alcoholic beverages, soft
|
10 |
| drinks and food which has been prepared for immediate |
11 |
| consumption) and
prescription and nonprescription medicines, |
12 |
| drugs, medical appliances and
insulin, urine testing |
13 |
| materials, syringes and needles used by diabetics.
|
14 |
| Beginning January 1, 1990, each month the Department shall |
15 |
| pay into
the County and Mass Transit District Fund, a special |
16 |
| fund in the State
treasury which is hereby created, 4% of the |
17 |
| net revenue realized
for the preceding month from the 6.25% |
18 |
| general rate.
|
19 |
| Beginning August 1, 2000, each
month the Department shall |
20 |
| pay into the
County and Mass Transit District Fund 20% of the |
21 |
| net revenue realized for the
preceding month from the 1.25% |
22 |
| rate on the selling price of motor fuel and
gasohol.
|
23 |
| Beginning January 1, 1990, each month the Department shall |
24 |
| pay into
the Local Government Tax Fund 16% of the net revenue |
25 |
| realized for the
preceding month from the 6.25% general rate on |
26 |
| the selling price of
tangible personal property.
|
|
|
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09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| Beginning August 1, 2000, each
month the Department shall |
2 |
| pay into the
Local Government Tax Fund 80% of the net revenue |
3 |
| realized for the preceding
month from the 1.25% rate on the |
4 |
| selling price of motor fuel and gasohol.
|
5 |
| Of the remainder of the moneys received by the Department |
6 |
| pursuant
to this Act, (a) 1.75% thereof shall be paid into the |
7 |
| Build Illinois
Fund and (b) prior to July 1, 1989, 2.2% and on |
8 |
| and after July 1, 1989,
3.8% thereof shall be paid into the |
9 |
| Build Illinois Fund; provided, however,
that if in any fiscal |
10 |
| year the sum of (1) the aggregate of 2.2% or 3.8%, as
the case |
11 |
| may be, of the moneys received by the Department and required |
12 |
| to
be paid into the Build Illinois Fund pursuant to this Act, |
13 |
| Section 9 of the
Use Tax Act, Section 9 of the Service Use Tax |
14 |
| Act, and Section 9 of the
Service Occupation Tax Act, such Acts |
15 |
| being hereinafter called the "Tax
Acts" and such aggregate of |
16 |
| 2.2% or 3.8%, as the case may be, of moneys
being hereinafter |
17 |
| called the "Tax Act Amount", and (2) the amount
transferred to |
18 |
| the Build Illinois Fund from the State and Local Sales Tax
|
19 |
| Reform Fund shall be less than the Annual Specified Amount (as |
20 |
| hereinafter
defined), an amount equal to the difference shall |
21 |
| be immediately paid into
the Build Illinois Fund from other |
22 |
| moneys received by the Department
pursuant to the Tax Acts; the |
23 |
| "Annual Specified Amount" means the amounts
specified below for |
24 |
| fiscal years 1986 through 1993:
|
|
25 | | Fiscal Year |
Annual Specified Amount |
|
26 | | 1986 |
$54,800,000 |
|
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 | | 1987 |
$76,650,000 |
|
2 | | 1988 |
$80,480,000 |
|
3 | | 1989 |
$88,510,000 |
|
4 | | 1990 |
$115,330,000 |
|
5 | | 1991 |
$145,470,000 |
|
6 | | 1992 |
$182,730,000 |
|
7 | | 1993 |
$206,520,000; |
|
8 |
| and means the Certified Annual Debt Service Requirement (as |
9 |
| defined in
Section 13 of the Build Illinois Bond Act) or the |
10 |
| Tax Act Amount, whichever
is greater, for fiscal year 1994 and |
11 |
| each fiscal year thereafter; and
further provided, that if on |
12 |
| the last business day of any month the sum of
(1) the Tax Act |
13 |
| Amount required to be deposited into the Build Illinois
Bond |
14 |
| Account in the Build Illinois Fund during such month and (2) |
15 |
| the
amount transferred to the Build Illinois Fund from the |
16 |
| State and Local
Sales Tax Reform Fund shall have been less than |
17 |
| 1/12 of the Annual
Specified Amount, an amount equal to the |
18 |
| difference shall be immediately
paid into the Build Illinois |
19 |
| Fund from other moneys received by the
Department pursuant to |
20 |
| the Tax Acts; and, further provided, that in no
event shall the |
21 |
| payments required under the preceding proviso result in
|
22 |
| aggregate payments into the Build Illinois Fund pursuant to |
23 |
| this clause (b)
for any fiscal year in excess of the greater of |
24 |
| (i) the Tax Act Amount or
(ii) the Annual Specified Amount for |
25 |
| such fiscal year. The amounts payable
into the Build Illinois |
26 |
| Fund under clause (b) of the first sentence in this
paragraph |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| shall be payable only until such time as the aggregate amount |
2 |
| on
deposit under each trust indenture securing Bonds issued and |
3 |
| outstanding
pursuant to the Build Illinois Bond Act is |
4 |
| sufficient, taking into account
any future investment income, |
5 |
| to fully provide, in accordance with such
indenture, for the |
6 |
| defeasance of or the payment of the principal of,
premium, if |
7 |
| any, and interest on the Bonds secured by such indenture and on
|
8 |
| any Bonds expected to be issued thereafter and all fees and |
9 |
| costs payable
with respect thereto, all as certified by the |
10 |
| Director of the Bureau of the
Budget (now Governor's Office of |
11 |
| Management and Budget). If on the last
business day of any |
12 |
| month in which Bonds are
outstanding pursuant to the Build |
13 |
| Illinois Bond Act, the aggregate of
moneys deposited in the |
14 |
| Build Illinois Bond Account in the Build Illinois
Fund in such |
15 |
| month shall be less than the amount required to be transferred
|
16 |
| in such month from the Build Illinois Bond Account to the Build |
17 |
| Illinois
Bond Retirement and Interest Fund pursuant to Section |
18 |
| 13 of the Build
Illinois Bond Act, an amount equal to such |
19 |
| deficiency shall be immediately
paid from other moneys received |
20 |
| by the Department pursuant to the Tax Acts
to the Build |
21 |
| Illinois Fund; provided, however, that any amounts paid to the
|
22 |
| Build Illinois Fund in any fiscal year pursuant to this |
23 |
| sentence shall be
deemed to constitute payments pursuant to |
24 |
| clause (b) of the first sentence
of this paragraph and shall |
25 |
| reduce the amount otherwise payable for such
fiscal year |
26 |
| pursuant to that clause (b). The moneys received by the
|
|
|
|
09500HB2651sam003 |
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|
1 |
| Department pursuant to this Act and required to be deposited |
2 |
| into the Build
Illinois Fund are subject to the pledge, claim |
3 |
| and charge set forth in
Section 12 of the Build Illinois Bond |
4 |
| Act.
|
5 |
| Subject to payment of amounts into the Build Illinois Fund |
6 |
| as provided in
the preceding paragraph or in any amendment |
7 |
| thereto hereafter enacted, the
following specified monthly |
8 |
| installment of the amount requested in the
certificate of the |
9 |
| Chairman of the Metropolitan Pier and Exposition
Authority |
10 |
| provided under Section 8.25f of the State Finance Act, but not |
11 |
| in
excess of sums designated as "Total Deposit", shall be |
12 |
| deposited in the
aggregate from collections under Section 9 of |
13 |
| the Use Tax Act, Section 9 of
the Service Use Tax Act, Section |
14 |
| 9 of the Service Occupation Tax Act, and
Section 3 of the |
15 |
| Retailers' Occupation Tax Act into the McCormick Place
|
16 |
| Expansion Project Fund in the specified fiscal years.
|
|
17 | | Fiscal Year |
|
Total Deposit |
|
18 | | 1993 |
|
$0 |
|
19 | | 1994 |
|
53,000,000 |
|
20 | | 1995 |
|
58,000,000 |
|
21 | | 1996 |
|
61,000,000 |
|
22 | | 1997 |
|
64,000,000 |
|
23 | | 1998 |
|
68,000,000 |
|
24 | | 1999 |
|
71,000,000 |
|
25 | | 2000 |
|
75,000,000 |
|
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 | | 2001 |
|
80,000,000 |
|
2 | | 2002 |
|
93,000,000 |
|
3 | | 2003 |
|
99,000,000 |
|
4 | | 2004 |
|
103,000,000 |
|
5 | | 2005 |
|
108,000,000 |
|
6 | | 2006 |
|
113,000,000 |
|
7 | | 2007 |
|
119,000,000 |
|
8 | | 2008 |
|
126,000,000 |
|
9 | | 2009 |
|
132,000,000 |
|
10 | | 2010 |
|
139,000,000 |
|
11 | | 2011 |
|
146,000,000 |
|
12 | | 2012 |
|
153,000,000 |
|
13 | | 2013 |
|
161,000,000 |
|
14 | | 2014 |
|
170,000,000 |
|
15 | | 2015 |
|
179,000,000 |
|
16 | | 2016 |
|
189,000,000 |
|
17 | | 2017 |
|
199,000,000 |
|
18 | | 2018 |
|
210,000,000 |
|
19 | | 2019 |
|
221,000,000 |
|
20 | | 2020 |
|
233,000,000 |
|
21 | | 2021 |
|
246,000,000 |
|
22 | | 2022 |
|
260,000,000 |
|
23 | | 2023 and |
|
275,000,000 |
|
24 | | each fiscal year | | |
|
25 | | thereafter that bonds | | |
|
26 | | are outstanding under | | |
|
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 | | Section 13.2 of the | | |
|
2 | | Metropolitan Pier and | | |
|
3 | | Exposition Authority Act, | | |
|
4 | | but not after fiscal year 2042. | | |
|
5 |
| Beginning July 20, 1993 and in each month of each fiscal |
6 |
| year thereafter,
one-eighth of the amount requested in the |
7 |
| certificate of the Chairman of
the Metropolitan Pier and |
8 |
| Exposition Authority for that fiscal year, less
the amount |
9 |
| deposited into the McCormick Place Expansion Project Fund by |
10 |
| the
State Treasurer in the respective month under subsection |
11 |
| (g) of Section 13
of the Metropolitan Pier and Exposition |
12 |
| Authority Act, plus cumulative
deficiencies in the deposits |
13 |
| required under this Section for previous
months and years, |
14 |
| shall be deposited into the McCormick Place Expansion
Project |
15 |
| Fund, until the full amount requested for the fiscal year, but |
16 |
| not
in excess of the amount specified above as "Total Deposit", |
17 |
| has been deposited.
|
18 |
| Subject to payment of amounts into the Build Illinois Fund |
19 |
| and the
McCormick Place Expansion Project Fund pursuant to the |
20 |
| preceding paragraphs
or in any amendments
thereto hereafter |
21 |
| enacted, beginning July 1, 1993, the Department shall each
|
22 |
| month pay into the Illinois Tax Increment Fund 0.27% of 80% of |
23 |
| the net revenue
realized for the preceding month from the 6.25% |
24 |
| general rate on the selling
price of tangible personal |
25 |
| property.
|
26 |
| Subject to payment of amounts into the Build Illinois Fund |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| and the
McCormick Place Expansion Project Fund pursuant to the |
2 |
| preceding paragraphs or in any
amendments thereto hereafter |
3 |
| enacted, beginning with the receipt of the first
report of |
4 |
| taxes paid by an eligible business and continuing for a 25-year
|
5 |
| period, the Department shall each month pay into the Energy |
6 |
| Infrastructure
Fund 80% of the net revenue realized from the |
7 |
| 6.25% general rate on the
selling price of Illinois-mined coal |
8 |
| that was sold to an eligible business.
For purposes of this |
9 |
| paragraph, the term "eligible business" means a new
electric |
10 |
| generating facility certified pursuant to Section 605-332 of |
11 |
| the
Department of Commerce and Economic Opportunity
Law of the |
12 |
| Civil Administrative Code of Illinois.
|
13 |
| Of the remainder of the moneys received by the Department |
14 |
| pursuant to this Act, 25% of the moneys from the tax on motor |
15 |
| fuel, as estimated by the Department, shall be reserved in a |
16 |
| special account and used only for the transfer to the Common |
17 |
| School Fund as part of the monthly transfer from the General |
18 |
| Revenue Fund in accordance with Section 8a of the State Finance |
19 |
| Act and 75% of the moneys from the tax on motor fuel, as |
20 |
| estimated by the Department, shall, beginning on July 1, 2008, |
21 |
| be paid into (i) the Illinois Works Fund until $100,000,000 is |
22 |
| paid into the Illinois Works Fund during the State fiscal year |
23 |
| and (ii) the General Revenue Fund thereafter. |
24 |
| Of the remainder of the moneys received by the Department |
25 |
| pursuant to
this Act, 75% thereof shall be paid into the State |
26 |
| Treasury and 25% shall
be reserved in a special account and |
|
|
|
09500HB2651sam003 |
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|
1 |
| used only for the transfer to the
Common School Fund as part of |
2 |
| the monthly transfer from the General Revenue
Fund in |
3 |
| accordance with Section 8a of the State Finance Act.
|
4 |
| The Department may, upon separate written notice to a |
5 |
| taxpayer,
require the taxpayer to prepare and file with the |
6 |
| Department on a form
prescribed by the Department within not |
7 |
| less than 60 days after receipt
of the notice an annual |
8 |
| information return for the tax year specified in
the notice. |
9 |
| Such annual return to the Department shall include a
statement |
10 |
| of gross receipts as shown by the retailer's last Federal |
11 |
| income
tax return. If the total receipts of the business as |
12 |
| reported in the
Federal income tax return do not agree with the |
13 |
| gross receipts reported to
the Department of Revenue for the |
14 |
| same period, the retailer shall attach
to his annual return a |
15 |
| schedule showing a reconciliation of the 2
amounts and the |
16 |
| reasons for the difference. The retailer's annual
return to the |
17 |
| Department shall also disclose the cost of goods sold by
the |
18 |
| retailer during the year covered by such return, opening and |
19 |
| closing
inventories of such goods for such year, costs of goods |
20 |
| used from stock
or taken from stock and given away by the |
21 |
| retailer during such year,
payroll information of the |
22 |
| retailer's business during such year and any
additional |
23 |
| reasonable information which the Department deems would be
|
24 |
| helpful in determining the accuracy of the monthly, quarterly |
25 |
| or annual
returns filed by such retailer as provided for in |
26 |
| this Section.
|
|
|
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09500HB2651sam003 |
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|
1 |
| If the annual information return required by this Section |
2 |
| is not
filed when and as required, the taxpayer shall be liable |
3 |
| as follows:
|
4 |
| (i) Until January 1, 1994, the taxpayer shall be liable
|
5 |
| for a penalty equal to 1/6 of 1% of the tax due from such |
6 |
| taxpayer under
this Act during the period to be covered by |
7 |
| the annual return for each
month or fraction of a month |
8 |
| until such return is filed as required, the
penalty to be |
9 |
| assessed and collected in the same manner as any other
|
10 |
| penalty provided for in this Act.
|
11 |
| (ii) On and after January 1, 1994, the taxpayer shall |
12 |
| be
liable for a penalty as described in Section 3-4 of the |
13 |
| Uniform Penalty and
Interest Act.
|
14 |
| The chief executive officer, proprietor, owner or highest |
15 |
| ranking
manager shall sign the annual return to certify the |
16 |
| accuracy of the
information contained therein. Any person who |
17 |
| willfully signs the
annual return containing false or |
18 |
| inaccurate information shall be guilty
of perjury and punished |
19 |
| accordingly. The annual return form prescribed
by the |
20 |
| Department shall include a warning that the person signing the
|
21 |
| return may be liable for perjury.
|
22 |
| The provisions of this Section concerning the filing of an |
23 |
| annual
information return do not apply to a retailer who is not |
24 |
| required to
file an income tax return with the United States |
25 |
| Government.
|
26 |
| As soon as possible after the first day of each month, upon |
|
|
|
09500HB2651sam003 |
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|
1 |
| certification
of the Department of Revenue, the Comptroller |
2 |
| shall order transferred and
the Treasurer shall transfer from |
3 |
| the General Revenue Fund to the Motor
Fuel Tax Fund an amount |
4 |
| equal to 1.7% of 80% of the net revenue realized
under this Act |
5 |
| for the second preceding
month.
Beginning April 1, 2000, this |
6 |
| transfer is no longer required
and shall not be made.
|
7 |
| Net revenue realized for a month shall be the revenue |
8 |
| collected by the
State pursuant to this Act, less the amount |
9 |
| paid out during that month as
refunds to taxpayers for |
10 |
| overpayment of liability.
|
11 |
| For greater simplicity of administration, manufacturers, |
12 |
| importers
and wholesalers whose products are sold at retail in |
13 |
| Illinois by
numerous retailers, and who wish to do so, may |
14 |
| assume the responsibility
for accounting and paying to the |
15 |
| Department all tax accruing under this
Act with respect to such |
16 |
| sales, if the retailers who are affected do not
make written |
17 |
| objection to the Department to this arrangement.
|
18 |
| Any person who promotes, organizes, provides retail |
19 |
| selling space for
concessionaires or other types of sellers at |
20 |
| the Illinois State Fair, DuQuoin
State Fair, county fairs, |
21 |
| local fairs, art shows, flea markets and similar
exhibitions or |
22 |
| events, including any transient merchant as defined by Section |
23 |
| 2
of the Transient Merchant Act of 1987, is required to file a |
24 |
| report with the
Department providing the name of the merchant's |
25 |
| business, the name of the
person or persons engaged in |
26 |
| merchant's business, the permanent address and
Illinois |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| Retailers Occupation Tax Registration Number of the merchant, |
2 |
| the
dates and location of the event and other reasonable |
3 |
| information that the
Department may require. The report must be |
4 |
| filed not later than the 20th day
of the month next following |
5 |
| the month during which the event with retail sales
was held. |
6 |
| Any person who fails to file a report required by this Section
|
7 |
| commits a business offense and is subject to a fine not to |
8 |
| exceed $250.
|
9 |
| Any person engaged in the business of selling tangible |
10 |
| personal
property at retail as a concessionaire or other type |
11 |
| of seller at the
Illinois State Fair, county fairs, art shows, |
12 |
| flea markets and similar
exhibitions or events, or any |
13 |
| transient merchants, as defined by Section 2
of the Transient |
14 |
| Merchant Act of 1987, may be required to make a daily report
of |
15 |
| the amount of such sales to the Department and to make a daily |
16 |
| payment of
the full amount of tax due. The Department shall |
17 |
| impose this
requirement when it finds that there is a |
18 |
| significant risk of loss of
revenue to the State at such an |
19 |
| exhibition or event. Such a finding
shall be based on evidence |
20 |
| that a substantial number of concessionaires
or other sellers |
21 |
| who are not residents of Illinois will be engaging in
the |
22 |
| business of selling tangible personal property at retail at the
|
23 |
| exhibition or event, or other evidence of a significant risk of |
24 |
| loss of revenue
to the State. The Department shall notify |
25 |
| concessionaires and other sellers
affected by the imposition of |
26 |
| this requirement. In the absence of
notification by the |
|
|
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| Department, the concessionaires and other sellers
shall file |
2 |
| their returns as otherwise required in this Section.
|
3 |
| (Source: P.A. 94-1074, eff. 12-26-06; 95-331, eff. 8-21-07.)
|
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% |
|
|
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09500HB2651sam003 |
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|
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| 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;
|
|
|
|
09500HB2651sam003 |
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| (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 |
|
|
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| 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, |
|
|
|
09500HB2651sam003 |
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|
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| 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 |
|
|
|
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|
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| 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 |
|
|
|
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|
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 |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
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.
|
|
|
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09500HB2651sam003 |
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|
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| (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 |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
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 |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
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| 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 |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
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 |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
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 |
|
|
|
09500HB2651sam003 |
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|
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 |
|
|
|
09500HB2651sam003 |
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|
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 |
|
|
|
09500HB2651sam003 |
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|
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| 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 |
|
|
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| 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.
|
|
|
|
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|
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| (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,
|
|
|
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09500HB2651sam003 |
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|
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| 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.
|
|
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09500HB2651sam003 |
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|
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 |
|
|
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09500HB2651sam003 |
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|
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 |
|
|
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09500HB2651sam003 |
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|
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| 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 |
|
|
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09500HB2651sam003 |
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|
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 |
|
|
|
09500HB2651sam003 |
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|
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| 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.
|
|
|
|
09500HB2651sam003 |
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|
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.
|
|
|
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09500HB2651sam003 |
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|
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 |
|
|
|
09500HB2651sam003 |
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|
|
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. |
|
|
|
09500HB2651sam003 |
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|
|
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 |
|
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| 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.) |
|
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|
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| 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 90-27. The School Construction Law is amended by |
19 |
| changing Section 5-10 and adding Section 5-36 as follows:
|
20 |
| (105 ILCS 230/5-10)
|
21 |
| Sec. 5-10. Grant awards. The Capital Development Board is |
22 |
| authorized to
make grants to school districts for school |
|
|
|
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|
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| construction projects with funds
appropriated by the General
|
2 |
| Assembly from the School Infrastructure Fund pursuant to the |
3 |
| provisions of this
Article or the Illinois Works Fund . The |
4 |
| State Board of Education is authorized to make grants to school
|
5 |
| districts for debt service with funds appropriated by the |
6 |
| General Assembly from
the School Infrastructure Fund pursuant |
7 |
| to the provisions of
this Article.
|
8 |
| (Source: P.A. 90-548, eff. 1-1-98.)
|
9 |
| (105 ILCS 230/5-36 new)
|
10 |
| Sec. 5-36. The Chicago Public Schools Capital Needs Board. |
11 |
| (a) The Chicago Public Schools Capital Needs Board is |
12 |
| created as an advisory board to the State Board of Education |
13 |
| and the Capital Development Board. The Chicago Public Schools |
14 |
| Capital Needs Board shall consist of 5 members appointed by the |
15 |
| Governor, 2 of whom are appointed to serve an initial term of |
16 |
| one year and 3 of whom are appointed to serve an initial term |
17 |
| of 2 years. One Board member shall be appointed chairperson of |
18 |
| the Board at the time of appointment. |
19 |
| (b) After the initial terms, each member shall be appointed |
20 |
| to serve a term of 2 years and until his or her successor is |
21 |
| appointed and has qualified. If a vacancy occurs in board |
22 |
| membership, the vacancy shall be filled in the same manner as |
23 |
| the initial appointment. |
24 |
| Board members shall serve without compensation, but may be |
25 |
| reimbursed for their reasonable travel expenses from funds |
|
|
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| available for that purpose. The State Board of Education and |
2 |
| Capital Development Board shall provide staff and |
3 |
| administrative support services to the Chicago Public Schools |
4 |
| Capital Needs Board. |
5 |
| (c) The Chicago Public Schools Capital Needs Board shall |
6 |
| make recommendations annually to the State Board of Education |
7 |
| and Capital Development Board concerning the allocation of |
8 |
| school construction funds awarded to a school district with a |
9 |
| population exceeding 500,000 as authorized by subsection (b) of |
10 |
| Section 5-35 of this Law or by the Illinois Works Capital |
11 |
| Program. |
12 |
| (1) The Chicago Public Schools Capital Needs Board |
13 |
| shall review applications submitted to the State Board of |
14 |
| Education by the school district and other relevant |
15 |
| materials in preparing its recommendations. |
16 |
| (2) The Chicago Public Schools Capital Needs Board |
17 |
| shall consider the eligibility and project standards |
18 |
| outlined in Section 5-30 of this Law, along with other |
19 |
| factors that contribute to neighborhood revitalization and |
20 |
| educational outcomes. |
21 |
| (3) The Chicago Public Schools Capital Needs Board |
22 |
| shall make specific recommendations for allocation of the |
23 |
| award of school construction funds, including listing |
24 |
| specific schools and projects for each listed school, for |
25 |
| the upcoming fiscal year to the Capital Development Board. |
26 |
| (4) The Capital Development Board shall incorporate |
|
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| the recommendations for allocation of the award of school |
2 |
| construction funds in item (3) of this subsection (c) and |
3 |
| include only that allocation in any grant award or |
4 |
| agreement entered into with the school district. |
5 |
| (5) The Capital Development Board shall not transfer |
6 |
| funds to the school district prior to the recommendation |
7 |
| for allocation of the award of the Chicago Public Schools |
8 |
| Capital Needs Board, incorporation of the recommendation |
9 |
| by the Capital Development Board, and completion of an |
10 |
| executed grant agreement containing the recommendations of |
11 |
| the Chicago Public Schools Capital Needs Board between the |
12 |
| Capital Development Board and the school district.
|
13 |
| Section 90-30. The Consumer Installment Loan Act is amended |
14 |
| by changing Section 12.5 as follows:
|
15 |
| (205 ILCS 670/12.5)
|
16 |
| Sec. 12.5. Limited purpose branch.
|
17 |
| (a) Upon the written approval of the Director, a licensee |
18 |
| may maintain a
limited purpose branch for the sole purpose of |
19 |
| making loans as permitted by
this Act. A limited purpose branch |
20 |
| may include an automatic loan machine. No
other activity shall |
21 |
| be conducted at the site, including but not limited to,
|
22 |
| accepting payments, servicing the accounts, or collections.
|
23 |
| (b) The licensee must submit an application for a limited |
24 |
| purpose branch to
the Director on forms prescribed by the |
|
|
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| Director with an application fee of
$300. The approval for the |
2 |
| limited purpose branch must be renewed concurrently
with the |
3 |
| renewal of the licensee's license along with a renewal fee of |
4 |
| $300 for
the limited purpose branch.
|
5 |
| (c) The books, accounts, records, and files of the limited |
6 |
| purpose branch's
transactions shall be maintained at the |
7 |
| licensee's licensed location. The
licensee shall notify the |
8 |
| Director of the licensed location at which the books,
accounts, |
9 |
| records, and files shall be maintained.
|
10 |
| (d) The licensee shall prominently display at the limited |
11 |
| purpose branch the
address and telephone number of the |
12 |
| licensee's licensed location.
|
13 |
| (e) No other business shall be conducted at the site of the |
14 |
| limited purpose
branch unless authorized by the Director.
|
15 |
| (f) The Director shall make and enforce reasonable rules |
16 |
| for the conduct of
a limited purpose branch.
|
17 |
| (g) A limited purpose branch may not be located
in within |
18 |
| 1,000 feet of a facility operated by an inter-track wagering |
19 |
| licensee or
an organization licensee subject to the Illinois |
20 |
| Horse Racing Act of 1975,
on a riverboat , in a casino, or in an |
21 |
| electronic gaming facility subject to
the Illinois Riverboat |
22 |
| Gambling Act, or within 1,000 feet of any such the location at |
23 |
| which the
riverboat docks .
|
24 |
| (Source: P.A. 90-437, eff. 1-1-98.)
|
25 |
| Section 90-35. The Illinois Horse Racing Act of 1975 is |
|
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| amended by changing
Sections 1.2, 1.3, 3.071, 3.077, 3.12, |
2 |
| 3.20, 3.22, 3.23, 4, 5, 6, 7, 9, 20, 25, 26, 26.1, 27, 28.1, 30, |
3 |
| 30.5, 31, 36, 42, and 45 and
adding
Sections 2.5, 3.24, 3.25, |
4 |
| 3.26, 3.27, 3.28, 3.29, 6.5, 12.5, 21.5, 31.2, 31.3, 34.3, 56, |
5 |
| and 57 as follows:
|
6 |
| (230 ILCS 5/1.2)
|
7 |
| Sec. 1.2. Legislative intent. This Act is intended to |
8 |
| benefit the people of
the State of Illinois by encouraging the |
9 |
| breeding and production of race
horses, assisting economic |
10 |
| development , and promoting Illinois tourism.
The General |
11 |
| Assembly finds and declares it to be the public policy of the |
12 |
| State
of Illinois to:
|
13 |
| (a) support and enhance Illinois' horse racing industry, |
14 |
| which is a
significant
component within the agribusiness |
15 |
| industry;
|
16 |
| (b) ensure that Illinois' horse racing industry remains |
17 |
| competitive with
neighboring states;
|
18 |
| (c) stimulate growth within Illinois' horse racing |
19 |
| industry, thereby
encouraging
new investment and development |
20 |
| to produce additional tax revenues and to
create additional |
21 |
| jobs;
|
22 |
| (d) promote the further growth of tourism;
|
23 |
| (e) encourage the breeding of thoroughbred and |
24 |
| standardbred horses in this
State; and
|
25 |
| (f) ensure that public confidence and trust in the |
|
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| credibility and integrity
of
racing operations and the |
2 |
| regulatory process is maintained.
|
3 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
4 |
| (230 ILCS 5/1.3)
|
5 |
| Sec. 1.3. Legislative findings.
|
6 |
| (a) The General Assembly finds that the Illinois gaming |
7 |
| industry is a single
industry consisting of horse racing , and |
8 |
| riverboat and casino gambling , and electronic gaming . Reports |
9 |
| issued by
the Economic and Fiscal Commission (now Commission on |
10 |
| Government Forecasting and Accountability) in 1992, 1994, and |
11 |
| 1998 have
found that horse racing and riverboat gambling:
|
12 |
| (1) "share many of the same characteristics" and are |
13 |
| "more alike than
different";
|
14 |
| (2) are planned events;
|
15 |
| (3) have similar odds of winning;
|
16 |
| (4) occur in similar settings; and
|
17 |
| (5) compete with each other for limited gaming dollars.
|
18 |
| (b) The General Assembly declares it to be the public |
19 |
| policy of this State
to ensure the viability of all both horse |
20 |
| racing and riverboat aspects of the
Illinois gaming industry.
|
21 |
| (Source: P.A. 95-331, eff. 8-21-07.)
|
22 |
| (230 ILCS 5/2.5 new)
|
23 |
| Sec. 2.5. Separation from Department of Revenue. On the |
24 |
| effective date of this amendatory Act of the 95th General |
|
|
|
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| Assembly, all of the powers, duties, assets, liabilities, |
2 |
| employees, contracts, property, records, pending business, and |
3 |
| unexpended appropriations of the Department of Revenue related |
4 |
| to the administration and enforcement of this Act are |
5 |
| transferred to the Illinois Racing Board. |
6 |
| The status and rights of the transferred employees, and the |
7 |
| rights of the State of Illinois and its agencies, under the |
8 |
| Personnel Code and applicable collective bargaining agreements |
9 |
| or under any pension, retirement, or annuity plan are not |
10 |
| affected (except as provided in the Illinois Pension Code) by |
11 |
| that transfer or by any other provision of this amendatory Act |
12 |
| of the 95th General Assembly.
|
13 |
| (230 ILCS 5/3.071) (from Ch. 8, par. 37-3.071)
|
14 |
| Sec. 3.071. Inter-track wagering. "Inter-track Wagering" |
15 |
| means a legal wager on the outcome of a
simultaneously |
16 |
| televised
horse race taking place at an Illinois race track |
17 |
| placed or accepted at any
location authorized to accept wagers |
18 |
| under this Act, excluding the Illinois
race track at which that |
19 |
| horse race is being conducted , and advance deposit wagering |
20 |
| through an advance deposit wagering licensee .
|
21 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
22 |
| (230 ILCS 5/3.077)
|
23 |
| Sec. 3.077. Non-host licensee. "Non-host licensee" means a |
24 |
| licensee operating concurrently
with a host track , but does not |
|
|
|
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|
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| include an advance deposit wagering licensee .
|
2 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
3 |
| (230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
|
4 |
| Sec. 3.12. Pari-mutuel system of
wagering.
"Pari-mutuel |
5 |
| system of
wagering" means a form of wagering on the outcome of
|
6 |
| horse races in which
wagers are made in various
denominations |
7 |
| on a horse or horses
and
all wagers for each race are pooled |
8 |
| and held by a licensee
for distribution in a manner approved by |
9 |
| the Board. Wagers may be placed via any method or at any |
10 |
| location authorized under this Act.
|
11 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
12 |
| (230 ILCS 5/3.20)
|
13 |
| Sec. 3.20. Licensee.
"Licensee" means an individual |
14 |
| organization licensee, an
inter-track wagering licensee, an
or
|
15 |
| inter-track wagering location licensee , or an advance deposit |
16 |
| wagering licensee , as
the context of this Act requires.
|
17 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
18 |
| (230 ILCS 5/3.22)
|
19 |
| Sec. 3.22. Wagering facility.
"Wagering facility" means |
20 |
| any location at which a licensee , other than an advance deposit |
21 |
| wagering licensee,
may
accept or receive pari-mutuel wagers |
22 |
| under this Act.
|
23 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
|
|
|
09500HB2651sam003 |
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|
1 |
| (230 ILCS 5/3.23)
|
2 |
| Sec. 3.23. Wagering.
"Wagering" means, collectively, the |
3 |
| pari-mutuel system of
wagering, inter-track wagering, and
|
4 |
| simulcast wagering , and advance deposit wagering .
|
5 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
6 |
| (230 ILCS 5/3.24 new)
|
7 |
| Sec. 3.24. Adjusted gross receipts. "Adjusted gross |
8 |
| receipts" means the gross receipts from
electronic gaming less |
9 |
| winnings paid to wagerers.
|
10 |
| (230 ILCS 5/3.25 new)
|
11 |
| Sec. 3.25. Electronic gaming. "Electronic gaming" means |
12 |
| slot machine gambling, video games of chance, and electronic |
13 |
| games as defined in the Illinois Gambling Act, that is |
14 |
| conducted at a
race track pursuant to an electronic gaming |
15 |
| license.
|
16 |
| (230 ILCS 5/3.26 new)
|
17 |
| Sec. 3.26. Electronic gaming license. "Electronic gaming |
18 |
| license" means a license to conduct
electronic gaming issued |
19 |
| under Section 56.
|
20 |
| (230 ILCS 5/3.27 new)
|
21 |
| Sec. 3.27. Electronic gaming facility. "Electronic gaming |
|
|
|
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|
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| facility" means that portion of an
organization licensee's race |
2 |
| track facility at which electronic gaming is
conducted.
|
3 |
| (230 ILCS 5/3.28 new)
|
4 |
| Sec. 3.28. Advance deposit wagering licensee. "Advance |
5 |
| deposit wagering licensee" means a person licensed by the Board |
6 |
| to conduct advance deposit wagering. An advance deposit |
7 |
| wagering licensee shall be an organization licensee or a person |
8 |
| or third party who contracts with an organization licensee in |
9 |
| order to conduct advance deposit wagering. |
10 |
| (230 ILCS 5/3.29 new)
|
11 |
| Sec. 3.29. Advance deposit wagering. "Advance deposit |
12 |
| wagering" means a method of pari-mutuel wagering in which an |
13 |
| individual may establish an account, deposit money into the |
14 |
| account, and use the account balance to pay for pari-mutuel |
15 |
| wagering authorized by this Act. An advance deposit wager may |
16 |
| be placed in person at a wagering facility or from any other |
17 |
| location via a telephone-type device or any other electronic |
18 |
| means. Any person who accepts an advance deposit wager who is |
19 |
| not licensed by the Board as an advance deposit wagering |
20 |
| licensee shall be considered in violation of this Act and the |
21 |
| Criminal Code of 1961. Any advance deposit wager placed in |
22 |
| person at a wagering facility shall be deemed to have been |
23 |
| placed at that wagering facility.
|
|
|
|
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|
1 |
| (230 ILCS 5/4) (from Ch. 8, par. 37-4)
|
2 |
| Sec. 4. Until the effective date of this amendatory Act of |
3 |
| the 95th General Assembly, the The Board shall consist of 11 |
4 |
| members to be appointed by
the Governor
with the advice and |
5 |
| consent of the Senate, not more than 6 of
whom shall be of the
|
6 |
| same political party, and one of whom shall be designated by |
7 |
| the Governor
to be chairman.
|
8 |
| The new Board shall consist of 7 members appointed by the |
9 |
| Governor from nominations presented to the Governor by the |
10 |
| Nomination Panel and with the advice and consent of the Senate. |
11 |
| Notwithstanding any provision of this Section to the contrary, |
12 |
| the term of office of each member of the Board sitting on the |
13 |
| effective date of this amendatory Act of the 95th General |
14 |
| Assembly ends when all 7 members of the new Board are appointed |
15 |
| and qualified pursuant to this amendatory Act. |
16 |
| Each member shall have a reasonable knowledge of harness or |
17 |
| thoroughbred
racing practices
and procedure and of the |
18 |
| principles of harness or thoroughbred racing and
breeding and,
|
19 |
| at the time of his appointment, shall be a resident of the |
20 |
| State of Illinois
and shall have
resided therein for a period |
21 |
| of at least 5 years next preceding his appointment
and |
22 |
| qualification
and he shall be a qualified voter therein and not |
23 |
| less than 25 years of age. The Board should reflect the ethnic, |
24 |
| cultural, and geographic diversity of the State.
|
25 |
| (Source: P.A. 91-798, eff. 7-9-00.)
|
|
|
|
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|
|
1 |
| (230 ILCS 5/5) (from Ch. 8, par. 37-5)
|
2 |
| Sec. 5. As soon as practicable following the effective date |
3 |
| of this
amendatory Act of 1995, the Governor shall appoint, |
4 |
| with the advice and consent
of the Senate, members to the Board |
5 |
| as follows: 3 members for terms expiring
July 1, 1996; 3 |
6 |
| members for terms expiring July 1, 1998; and 3 members for
|
7 |
| terms expiring July 1, 2000. Of the 2 additional members |
8 |
| appointed pursuant
to this amendatory Act of the 91st General |
9 |
| Assembly, the initial term of one
member shall expire on July |
10 |
| 1, 2002 and the initial term of the other member
shall expire |
11 |
| on July 1, 2004. Thereafter, the terms of office of the Board
|
12 |
| members shall be 6 years. Incumbent members on the effective |
13 |
| date of this
amendatory Act of 1995 shall continue to serve |
14 |
| only until their successors are
appointed and have qualified.
|
15 |
| The terms of office of the initial Board members appointed |
16 |
| pursuant to this amendatory Act of the 95th General Assembly |
17 |
| will commence from the effective date of this amendatory Act |
18 |
| and run as follows, to be determined by lot: one for a term |
19 |
| expiring July 1 of the year following confirmation, 2 for a |
20 |
| term expiring July 1 two years following confirmation, 2 for a |
21 |
| term expiring July 1 three years following confirmation, and 2 |
22 |
| for a term expiring July 1 four years following confirmation. |
23 |
| Upon the expiration of the foregoing terms, the successors of |
24 |
| such members shall serve a term of 4 years and until their |
25 |
| successors are appointed and qualified for like terms. |
26 |
| Each member of the Board shall receive $300 per day for |
|
|
|
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|
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| each day the Board
meets and for each day the member conducts a |
2 |
| hearing pursuant to Section 16 of
this Act, provided that no |
3 |
| Board member shall receive more than $5,000 in
such fees during |
4 |
| any calendar year, or an amount set by the Compensation Review
|
5 |
| Board, whichever is greater. Members of the Board shall
also be |
6 |
| reimbursed for all actual and necessary expenses and |
7 |
| disbursements
incurred in the
execution of their official |
8 |
| duties.
|
9 |
| (Source: P.A. 91-357, eff. 7-29-99; 91-798, eff. 7-9-00.)
|
10 |
| (230 ILCS 5/6) (from Ch. 8, par. 37-6)
|
11 |
| Sec. 6. Restrictions on Board members. |
12 |
| (a) No person shall be appointed a member of the Board or |
13 |
| continue to be a member of the Board if the person or any |
14 |
| member of their immediate family is a member of the Board of |
15 |
| Directors, employee, or financially interested in any of the |
16 |
| following: (i) any licensee or other person who has applied for |
17 |
| racing dates to the Board, or the operations thereof including, |
18 |
| but not limited to, concessions, data processing, track |
19 |
| maintenance, track security and pari mutuel operations, |
20 |
| located, scheduled or doing business within the State of |
21 |
| Illinois, (ii) any licensee or other person in any race horse |
22 |
| competing at a meeting under the Board's jurisdiction, or (iii) |
23 |
| any licensee under the Illinois Gambling Act. No person shall |
24 |
| be appointed a member of the Board or continue
to be
a member |
25 |
| of the Board who is (or any member of whose family is) a member |
|
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| of the
Board of Directors of, or who is a person financially |
2 |
| interested in, any
licensee or other person who has applied for |
3 |
| racing dates to the
Board, or the operations thereof including, |
4 |
| but not
limited to, concessions, data
processing, track |
5 |
| maintenance, track security and pari-mutuel operations,
|
6 |
| located, scheduled
or doing business within the State of |
7 |
| Illinois, or in any race horse competing
at a meeting
under the |
8 |
| Board's jurisdiction. No Board member shall hold any other |
9 |
| public
office for which he
shall receive compensation other |
10 |
| than necessary travel or other incidental
expenses.
|
11 |
| (b) No person shall be a member of the Board who is not of |
12 |
| good moral
character or who
has been convicted of, or is under |
13 |
| indictment for, a felony under the laws
of Illinois or any
|
14 |
| other state, or the United States.
|
15 |
| (c) No member of the Board or employee shall engage in any |
16 |
| political activity. For the purposes of this Section, |
17 |
| "political" means any activity in support of or in connection |
18 |
| with any campaign for State or local elective office or any |
19 |
| political organization, but does not include activities (i) |
20 |
| relating to the support or opposition of any executive, |
21 |
| legislative, or administrative action (as those terms are |
22 |
| defined in Section 2 of the Lobbyist Registration Act), (ii) |
23 |
| relating to collective bargaining, or (iii) that are otherwise |
24 |
| in furtherance of the person's official State duties or |
25 |
| governmental and public service functions. |
26 |
| (d) Board members and employees may not engage in |
|
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| communications or any activity that may cause or have the |
2 |
| appearance of causing a conflict of interest. A conflict of |
3 |
| interest exists if a situation influences or creates the |
4 |
| appearance that it may influence judgment or performance of |
5 |
| regulatory duties and responsibilities. This prohibition shall |
6 |
| extend to any act identified by Board action that, in the |
7 |
| judgment of the Board, could represent the potential for or the |
8 |
| appearance of a conflict of interest. |
9 |
| (e) Board members and employees may not accept any gift, |
10 |
| gratuity, service, compensation, travel, lodging, or thing of |
11 |
| value, with the exception of unsolicited items of an incidental |
12 |
| nature, from any person, corporation, or entity doing business |
13 |
| with the Board. |
14 |
| (f) A Board member or employee shall not use or attempt to |
15 |
| use his or her official position to secure, or attempt to |
16 |
| secure, any privilege, advantage, favor, or influence for |
17 |
| himself or herself or others. No Board member or employee of |
18 |
| the Board may attempt, in any way, to influence any person or |
19 |
| corporation doing business with the Authority or any officer, |
20 |
| agent, or employee thereof to hire or contract with any person |
21 |
| or corporation for any compensated work. |
22 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
23 |
| (230 ILCS 5/6.5 new)
|
24 |
| Sec. 6.5. Ex parte communications. |
25 |
| (a) For the purpose of this Section: |
|
|
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| "Ex parte communication" means any written or oral |
2 |
| communication by any person that imparts or requests material |
3 |
| information or makes a material argument regarding potential |
4 |
| action concerning regulatory, quasi regulatory, investment, or |
5 |
| licensing matters pending before or under consideration by the |
6 |
| Illinois Racing Board. "Ex parte communication" does not |
7 |
| include the following: (i) statements by a person publicly made |
8 |
| in a public forum; (ii) statements regarding matters of |
9 |
| procedure and practice, such as format, the number of copies |
10 |
| required, the manner of filing, and the status of a matter; |
11 |
| (iii) statements regarding recommendation for pending or |
12 |
| approved legislation; (iv) statements made by a State employee |
13 |
| of the agency to the agency head or other employees of that |
14 |
| agency. |
15 |
| "Ex parte communication" does not include conversations |
16 |
| concerning qualifications to serve on the Board between members |
17 |
| of the Senate and nominees for the Board that occur in the time |
18 |
| period between nomination by the Governor and either |
19 |
| confirmation or rejection by the Senate. |
20 |
| "Interested party" means a person or entity whose rights, |
21 |
| privileges, or interests are the subject of or are directly |
22 |
| affected by a regulatory, quasi-adjudicatory, investment, or |
23 |
| licensing matter of the Board. |
24 |
| (b) A constitutional officer, a member of the General |
25 |
| Assembly, a special government agent as that term is defined in |
26 |
| Section 4A-101 of the Illinois Governmental Ethics Act, a |
|
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| director, secretary, or other employee of the executive branch |
2 |
| of the State, an employee of the legislative branch of the |
3 |
| State, or an interested party may not engage in any ex parte |
4 |
| communication with a member of the Board or an employee. A |
5 |
| member of the Board or an employee must immediately report any |
6 |
| ex parte communication to the Board's Ethics Officer. A |
7 |
| violation of this subsection (b) is a Class 4 felony. |
8 |
| (c) A constitutional officer, a member of the General |
9 |
| Assembly, a special government agent as that term is defined in |
10 |
| Section 4A-101 of the Illinois Governmental Ethics Act, a |
11 |
| director, secretary, or other employee of the executive branch |
12 |
| of the State, an employee of the legislative branch of the |
13 |
| State, or an interested party may not engage in any ex parte |
14 |
| communication with a nominee for a position on the Board. A |
15 |
| person is deemed a nominee once he or she has submitted |
16 |
| information to the Nomination Panel. A nominee must immediately |
17 |
| report any ex parte communication to the Board's Ethics |
18 |
| Officer. A violation of this subsection (c) is a Class 4 |
19 |
| felony. |
20 |
| (d) Notwithstanding any provision of this Section, if a |
21 |
| State constitutional officer or member of the General Assembly |
22 |
| or his or her designee determines that potential or actual |
23 |
| Illinois Gaming Board, Illinois Racing Board, or Director of |
24 |
| Gaming Enforcement business would affect the health, safety, |
25 |
| and welfare of the people of the State of Illinois, then the |
26 |
| State constitutional officer or member of the General Assembly |
|
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| may submit questions or comments by written medium to the |
2 |
| Chairman of the Illinois Gaming Board, Chairman of the Illinois |
3 |
| Racing Board, and Director of Gaming Enforcement. Upon receipt |
4 |
| of the message or question, the Chairman or Director shall |
5 |
| submit the message or question to the entire board for |
6 |
| consideration.
|
7 |
| (230 ILCS 5/7) (from Ch. 8, par. 37-7)
|
8 |
| Sec. 7. Vacancies in the Board shall be filled for the |
9 |
| unexpired term
in like manner as original appointments. Each |
10 |
| member of the Board shall be
eligible for reappointment , |
11 |
| subject to the nomination process of the Nomination Panel, by |
12 |
| in the discretion of the Governor with
the advice and consent |
13 |
| of
the Senate.
|
14 |
| (Source: P.A. 79-1185.)
|
15 |
| (230 ILCS 5/9)
(from Ch. 8, par. 37-9)
|
16 |
| Sec. 9. The Board shall have all powers necessary and |
17 |
| proper to fully and
effectively execute the provisions of this |
18 |
| Act, including, but not
limited to, the following:
|
19 |
| (a) The Board is vested with jurisdiction and supervision |
20 |
| over all race
meetings in this State, over all licensees doing |
21 |
| business in this
State, over all occupation licensees, and over |
22 |
| all persons on the
facilities of any licensee. Such |
23 |
| jurisdiction shall
include the power to issue licenses to the |
24 |
| Illinois Department of
Agriculture authorizing the pari-mutuel |
|
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| system of wagering
on harness and Quarter Horse races held (1) |
2 |
| at the Illinois State Fair in
Sangamon County, and (2) at the |
3 |
| DuQuoin State Fair in Perry County. The
jurisdiction of the |
4 |
| Board shall also include the power to issue licenses to
county |
5 |
| fairs which are eligible to receive funds pursuant to the
|
6 |
| Agricultural Fair Act, as now or hereafter amended, or their |
7 |
| agents,
authorizing the pari-mutuel system of wagering on horse
|
8 |
| races
conducted at the county fairs receiving such licenses. |
9 |
| Such licenses shall be
governed by subsection (n) of this |
10 |
| Section.
|
11 |
| Upon application, the Board shall issue a license to the |
12 |
| Illinois Department
of Agriculture to conduct harness and |
13 |
| Quarter Horse races at the Illinois State
Fair and at the |
14 |
| DuQuoin State Fairgrounds
during the scheduled dates of each |
15 |
| fair. The Board shall not require and the
Department of |
16 |
| Agriculture shall be exempt from the requirements of Sections
|
17 |
| 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), |
18 |
| (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 |
19 |
| and 25. The Board and the Department
of
Agriculture may extend |
20 |
| any or all of these exemptions to any contractor or
agent |
21 |
| engaged by the Department of Agriculture to conduct its race |
22 |
| meetings
when the Board determines that this would best serve |
23 |
| the public interest and
the interest of horse racing.
|
24 |
| Notwithstanding any provision of law to the contrary, it |
25 |
| shall be lawful for
any licensee to operate pari-mutuel |
26 |
| wagering
or
contract with the Department of Agriculture to |
|
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| operate pari-mutuel wagering at
the DuQuoin State Fairgrounds |
2 |
| or for the Department to enter into contracts
with a licensee, |
3 |
| employ its owners,
employees
or
agents and employ such other |
4 |
| occupation licensees as the Department deems
necessary in |
5 |
| connection with race meetings and wagerings.
|
6 |
| (b) The Board is vested with the full power to promulgate |
7 |
| reasonable
rules and regulations for the purpose of |
8 |
| administering the provisions of
this Act and to prescribe |
9 |
| reasonable rules, regulations and conditions
under which all |
10 |
| horse race meetings or wagering in the State shall be
|
11 |
| conducted. Such reasonable rules and regulations are to provide |
12 |
| for the
prevention of practices detrimental to the public |
13 |
| interest and to promote the best
interests of horse racing and |
14 |
| to impose penalties for violations thereof.
|
15 |
| (c) The Board, and any person or persons to whom it |
16 |
| delegates
this power, is vested with the power to enter the |
17 |
| facilities and other places of business of any licensee to |
18 |
| determine whether there has been compliance with
the provisions |
19 |
| of this Act and its rules and regulations.
|
20 |
| (d) The Board, and any person or persons to whom it |
21 |
| delegates this
power, is vested with the authority to |
22 |
| investigate alleged violations of
the provisions of this Act, |
23 |
| its reasonable rules and regulations, orders
and final |
24 |
| decisions; the Board shall take appropriate disciplinary |
25 |
| action
against any licensee or occupation licensee for |
26 |
| violation
thereof or
institute appropriate legal action for the |
|
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| enforcement thereof.
|
2 |
| (e) The Board , the Office of Gaming Enforcement , and any |
3 |
| person or persons to whom it delegates this power ,
may eject or |
4 |
| exclude from any race meeting or the facilities of any |
5 |
| licensee,
or any part thereof, any occupation licensee or any |
6 |
| other individual whose
conduct or reputation is such that his |
7 |
| or her presence on those facilities may, in the
opinion of the |
8 |
| Board, call into question the honesty and integrity of horse
|
9 |
| racing or wagering or interfere with the orderly conduct of |
10 |
| horse racing or
wagering; provided, however, that no person |
11 |
| shall be excluded or ejected from
the facilities of any |
12 |
| licensee solely on the grounds of race, color, creed,
national |
13 |
| origin, ancestry, or sex. The power to eject or exclude an |
14 |
| occupation
licensee or other individual may be exercised for |
15 |
| just cause by the licensee , or
the Board, or the Office of |
16 |
| Gaming Enforcement, subject to subsequent hearing by the Board |
17 |
| as to the propriety of
said exclusion.
|
18 |
| (f) The Board is vested with the power to acquire, |
19 |
| establish, maintain and
operate (or provide by contract to |
20 |
| maintain and operate) testing laboratories
and related |
21 |
| facilities, for the purpose of conducting saliva, blood, urine |
22 |
| and
other tests on the horses run or to be run in any horse race |
23 |
| meeting and to purchase all equipment and
supplies deemed |
24 |
| necessary or desirable in connection with any such testing
|
25 |
| laboratories and related facilities and all such tests.
|
26 |
| (f-5) The Department of Agriculture is vested with the |
|
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| power to acquire, establish, maintain, and operate (or provide |
2 |
| by contract to maintain and operate) testing laboratories and |
3 |
| related facilities for the purpose of conducting saliva, blood, |
4 |
| urine, and other tests on the horses run or to be run in any |
5 |
| county fair horse race meeting and of purchasing all equipment |
6 |
| and supplies deemed necessary or desirable in connection with |
7 |
| any such testing laboratories and related facilities and all |
8 |
| such tests in any county fair horse race.
|
9 |
| (g) The Board may require that the records, including |
10 |
| financial or other
statements of any licensee or any person |
11 |
| affiliated with the licensee who is
involved directly or |
12 |
| indirectly in the activities of any licensee as regulated
under |
13 |
| this Act to the extent that those financial or other statements |
14 |
| relate to
such activities be kept in
such manner as prescribed |
15 |
| by the Board, and that Board employees shall have
access to |
16 |
| those records during reasonable business
hours. Within 120 days |
17 |
| of the end of its fiscal year, each licensee shall
transmit to
|
18 |
| the Board
an audit of the financial transactions and condition |
19 |
| of the licensee's total
operations. All audits shall be |
20 |
| conducted by certified public accountants.
Each certified |
21 |
| public accountant must be registered in the State of Illinois
|
22 |
| under the Illinois Public Accounting Act. The compensation for |
23 |
| each certified
public accountant shall be paid directly by the |
24 |
| licensee to the certified
public accountant. A licensee shall |
25 |
| also submit any other financial or related
information the |
26 |
| Board deems necessary to effectively administer this Act and
|
|
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| all rules, regulations, and final decisions promulgated under |
2 |
| this Act.
|
3 |
| (h) The Board shall name and appoint in the manner provided |
4 |
| by the rules
and regulations of the Board: an Executive |
5 |
| Director; a State director
of mutuels; State veterinarians and |
6 |
| representatives to take saliva, blood,
urine and other tests on |
7 |
| horses; licensing personnel; revenue
inspectors; and State |
8 |
| seasonal employees (excluding admission ticket
sellers and |
9 |
| mutuel clerks). All of those named and appointed as provided
in |
10 |
| this subsection shall serve during the pleasure of the Board; |
11 |
| their
compensation shall be determined by the Board and be paid |
12 |
| in the same
manner as other employees of the Board under this |
13 |
| Act.
|
14 |
| (i) The Board shall require that there shall be 3 stewards |
15 |
| at each horse
race meeting, at least 2 of whom shall be named |
16 |
| and appointed by the Board.
Stewards appointed or approved by |
17 |
| the Board, while performing duties
required by this Act or by |
18 |
| the Board, shall be entitled to the same rights
and immunities |
19 |
| as granted to Board members and Board employees in Section
10 |
20 |
| of this Act.
|
21 |
| (j) The Board may discharge any Board employee
who fails or |
22 |
| refuses for any reason to comply with the rules and
regulations |
23 |
| of the Board, or who, in the opinion of the Board,
is guilty of |
24 |
| fraud, dishonesty or who is proven to be incompetent.
The Board |
25 |
| shall have no right or power to determine who shall be |
26 |
| officers,
directors or employees of any licensee, or their |
|
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| salaries
except the Board may, by rule, require that all or any |
2 |
| officials or
employees in charge of or whose duties relate to |
3 |
| the actual running of
races be approved by the Board.
|
4 |
| (k) The Board is vested with the power to appoint
delegates |
5 |
| to execute any of the powers granted to it under this Section
|
6 |
| for the purpose of administering this Act and any rules or |
7 |
| regulations
promulgated in accordance with this Act.
|
8 |
| (l) The Board is vested with the power to impose civil |
9 |
| penalties of up to
$5,000 against an individual and up to |
10 |
| $10,000 against a
licensee for each
violation of any provision |
11 |
| of this Act, any rules adopted by the Board, any
order of the |
12 |
| Board or any other action which, in the Board's discretion, is
|
13 |
| a detriment or impediment to horse racing or wagering.
|
14 |
| (m) The Board is vested with the power to prescribe a form |
15 |
| to be used
by licensees as an application for employment for |
16 |
| employees of
each licensee.
|
17 |
| (n) The Board shall have the power to issue a license
to |
18 |
| any county fair, or its
agent, authorizing the conduct of the |
19 |
| pari-mutuel system of
wagering. The Board is vested with the |
20 |
| full power to promulgate
reasonable rules, regulations and |
21 |
| conditions under which all horse race
meetings licensed |
22 |
| pursuant to this subsection shall be held and conducted,
|
23 |
| including rules, regulations and conditions for the conduct of |
24 |
| the
pari-mutuel system of wagering. The rules, regulations and
|
25 |
| conditions shall provide for the prevention of practices |
26 |
| detrimental to the
public interest and for the best interests |
|
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| of horse racing, and shall
prescribe penalties for violations |
2 |
| thereof. Any authority granted the
Board under this Act shall |
3 |
| extend to its jurisdiction and supervision over
county fairs, |
4 |
| or their agents, licensed pursuant to this subsection.
However, |
5 |
| the Board may waive any provision of this Act or its rules or
|
6 |
| regulations which would otherwise apply to such county fairs or |
7 |
| their agents.
|
8 |
| (o) Whenever the Board is authorized or
required by law to |
9 |
| consider some aspect of criminal history record
information for |
10 |
| the purpose of carrying out its statutory powers and
|
11 |
| responsibilities, then, upon request and payment of fees in |
12 |
| conformance
with the requirements of Section 2605-400 of
the |
13 |
| Department of State Police Law (20 ILCS 2605/2605-400), the |
14 |
| Department of State Police is
authorized to furnish, pursuant |
15 |
| to positive identification, such
information contained in |
16 |
| State files as is necessary to fulfill the request.
|
17 |
| (p) To insure the convenience, comfort, and wagering |
18 |
| accessibility of
race track patrons, to provide for the |
19 |
| maximization of State revenue, and
to generate increases in |
20 |
| purse allotments to the horsemen, the Board shall
require any |
21 |
| licensee to staff the pari-mutuel department with
adequate |
22 |
| personnel.
|
23 |
| (Source: P.A. 91-239, eff. 1-1-00.)
|
24 |
| (230 ILCS 5/12.5 new)
|
25 |
| Sec. 12.5. Contractor disclosure of political |
|
|
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| contributions. |
2 |
| (a) As used in this Section: |
3 |
| "Contracts" means any agreement for services or goods for a |
4 |
| period to exceed one year or with an annual value of at least |
5 |
| $10,000. |
6 |
| "Contribution" means contribution as defined in this Act. |
7 |
| "Affiliated person" means (i) any person with any ownership |
8 |
| interest or distributive share of the bidding or contracting |
9 |
| entity in excess of 1%, (ii) executive employees of the bidding |
10 |
| or contracting entity, and (iii) the spouse and minor children |
11 |
| of any such persons. |
12 |
| "Affiliated entity" means (i) any parent or subsidiary of |
13 |
| the bidding or contracting entity, (ii) any member of the same |
14 |
| unitary business group, or (iii) any political committee for |
15 |
| which the bidding or contracting entity is the sponsoring |
16 |
| entity. |
17 |
| (b) A bidder, respondent, offeror, or contractor for |
18 |
| contracts with a licensee shall disclose all political |
19 |
| contributions of the bidder, respondent, offeror, or |
20 |
| contractor and any affiliated person or entity. Such disclosure |
21 |
| must accompany any contract. The disclosure must be submitted |
22 |
| to the Board with a copy of the contract prior to Board |
23 |
| approval of the contract. The disclosure of each successful |
24 |
| bidder, respondent, or offeror shall become part of the |
25 |
| publicly available record. |
26 |
| (c) Disclosure by the bidder, respondent, offeror, or |
|
|
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09500HB2651sam003 |
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| contractor shall include at least the names and addresses of |
2 |
| the contributors and the dollar amounts of any contributions to |
3 |
| any political committee made within the previous 2 years. |
4 |
| (d) The Board shall refuse to approve any contract that |
5 |
| does not include the required disclosure. The Board must |
6 |
| include the disclosure on its website.
|
7 |
| (230 ILCS 5/20)
(from Ch. 8, par. 37-20)
|
8 |
| Sec. 20. (a) Any person desiring to conduct a horse race |
9 |
| meeting may
apply to the Board for an organization license. The |
10 |
| application shall be
made on a form prescribed and furnished by |
11 |
| the Board. The application shall
specify:
|
12 |
| (1) the dates on which
it intends to conduct the horse |
13 |
| race meeting, which
dates shall be provided
under Section |
14 |
| 21;
|
15 |
| (2) the hours of each racing day between which it |
16 |
| intends to
hold or
conduct horse racing at such meeting;
|
17 |
| (3) the location where it proposes to conduct the
|
18 |
| meeting; and
|
19 |
| (4) any other information the Board may reasonably |
20 |
| require.
|
21 |
| (b) A separate application for an organization license |
22 |
| shall be filed
for each horse race meeting
which such person |
23 |
| proposes to hold. Any such application, if made by an
|
24 |
| individual, or by any individual as trustee, shall be
signed |
25 |
| and verified under oath by such individual. If
made by |
|
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| individuals or a partnership, it shall be signed and
verified |
2 |
| under oath by at least 2 of such individuals or members of such
|
3 |
| partnership as the case may be. If made by an association, |
4 |
| corporation,
corporate trustee or any other entity, it shall be |
5 |
| signed by the president
and attested by the secretary or |
6 |
| assistant secretary under the seal
of such association, trust |
7 |
| or corporation if it has a seal, and shall
also be verified |
8 |
| under oath by one of the signing officers.
|
9 |
| (c) The application shall specify the name of the
persons, |
10 |
| association, trust, or corporation making such application and |
11 |
| the
post office address of the applicant; if the applicant is a |
12 |
| trustee, the
names and addresses of the beneficiaries; if a |
13 |
| corporation, the names and
post office addresses of all |
14 |
| officers, stockholders and directors; or if
such
stockholders |
15 |
| hold stock as a nominee or fiduciary, the names and post
office |
16 |
| addresses of these persons, partnerships, corporations, or |
17 |
| trusts
who are the beneficial owners thereof or who are |
18 |
| beneficially interested
therein; and if a partnership, the |
19 |
| names and post office addresses of all
partners, general or |
20 |
| limited; if the applicant is a corporation, the name
of the |
21 |
| state of its incorporation shall be specified.
|
22 |
| (d) The applicant shall execute and file with the Board a |
23 |
| good faith
affirmative action plan to recruit, train, and |
24 |
| upgrade minorities in all
classifications within the |
25 |
| association.
|
26 |
| (e) With such application there shall be delivered to the |
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| Board a certified
check or bank draft payable to the order of |
2 |
| the Board for an amount equal to
$1,000. All applications for |
3 |
| the issuance of an organization license shall be
filed with the |
4 |
| Board before August 1 of the year prior to the year for which
|
5 |
| application is made and shall be acted upon by the Board at a |
6 |
| meeting to be
held on such date as shall be fixed by the Board |
7 |
| during the last 15 days of
September of such prior year. At |
8 |
| such meeting, the Board shall announce the
award of the racing |
9 |
| meets, live racing schedule, and designation of host track
to |
10 |
| the applicants and its approval or disapproval of each |
11 |
| application. No
announcement shall be considered binding until |
12 |
| a formal order is executed by
the Board, which shall be |
13 |
| executed no later than October 15 of that prior year.
Absent |
14 |
| the agreement of the affected organization licensees, the Board |
15 |
| shall
not grant overlapping race meetings to 2 or more tracks |
16 |
| that are within 100
miles of each other to conduct the |
17 |
| thoroughbred racing.
|
18 |
| (e-1) In awarding racing dates for calendar year 2008 and |
19 |
| thereafter, the
Board
shall award at least 625 racing days. In |
20 |
| awarding racing dates
under this subsection (e-1), the Board |
21 |
| shall have the discretion to allocate
those racing dates among |
22 |
| organization licensees. Of the total racing days awarded, the |
23 |
| Board must reserve an amount of racing days to standardbred |
24 |
| races in an amount equal to 90% of the amount of days awarded |
25 |
| to standardbred races in calendar year 2007. Each racing day |
26 |
| awarded for standardbred races must be comprised of at least 12 |
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| races, with not less than 8 horses competing per race.
|
2 |
| (e-2) In each county in which an organization licensee is |
3 |
| located, the Board shall award a minimum total of 25 |
4 |
| standardbred racing
dates to one or more organization |
5 |
| licensees.
|
6 |
| (e-3) The Board may waive the requirements of subsection |
7 |
| (e-1) only if a lesser schedule of live racing is appropriate |
8 |
| because of (A) weather or unsafe track conditions due to acts |
9 |
| of God; (B)
an agreement between the organization licensee and |
10 |
| the associations
representing the
largest number of owners, |
11 |
| trainers, jockeys, or standardbred drivers who race
horses at
|
12 |
| that organization licensee's racing meeting; or (C) a finding |
13 |
| by the Board of
extraordinary circumstances and that it was in |
14 |
| the best interest of the public
and the sport to conduct fewer |
15 |
| days of live racing. |
16 |
| (e-4) For each calendar year after 2007 in which an |
17 |
| electronic gaming licensee
requests a number of racing days |
18 |
| under its organization license that is less
than 90% of the |
19 |
| number of days of live racing it was awarded in 2007, the
|
20 |
| electronic gaming licensee may not conduct electronic gaming. |
21 |
| (e-5) In reviewing an application for the purpose of |
22 |
| granting an
organization license consistent with
the best |
23 |
| interests of the public and the
sport of horse racing, the |
24 |
| Board shall consider:
|
25 |
| (1) the character, reputation, experience, and |
26 |
| financial integrity of the
applicant and of any other |
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| separate person that either:
|
2 |
| (i) controls the applicant, directly or |
3 |
| indirectly, or
|
4 |
| (ii) is controlled, directly or indirectly, by |
5 |
| that applicant or by a
person who controls, directly or |
6 |
| indirectly, that applicant;
|
7 |
| (2) the applicant's facilities or proposed facilities |
8 |
| for conducting
horse
racing;
|
9 |
| (3) the total revenue without regard to Section 32.1 to |
10 |
| be derived by
the State and horsemen from the applicant's
|
11 |
| conducting a race meeting;
|
12 |
| (4) the applicant's good faith affirmative action plan |
13 |
| to recruit, train,
and upgrade minorities in all employment |
14 |
| classifications;
|
15 |
| (5) the applicant's financial ability to purchase and |
16 |
| maintain adequate
liability and casualty insurance;
|
17 |
| (6) the applicant's proposed and prior year's |
18 |
| promotional and marketing
activities and expenditures of |
19 |
| the applicant associated with those activities;
|
20 |
| (7) an agreement, if any, among organization licensees |
21 |
| as provided in
subsection (b) of Section 21 of this Act; |
22 |
| and
|
23 |
| (8) the extent to which the applicant exceeds or meets |
24 |
| other standards for
the issuance of an organization license |
25 |
| that the Board shall adopt by rule.
|
26 |
| In granting organization licenses and allocating dates for |
|
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| horse race
meetings, the Board shall have discretion to |
2 |
| determine an overall schedule,
including required simulcasts |
3 |
| of Illinois races by host tracks that will, in
its judgment, be |
4 |
| conducive to the best interests of the public and the sport of
|
5 |
| horse racing.
|
6 |
| (e-10) The Illinois Administrative Procedure Act shall |
7 |
| apply to
administrative procedures of the Board under this Act |
8 |
| for the granting of an
organization license, except that (1) |
9 |
| notwithstanding the provisions of
subsection (b) of Section |
10 |
| 10-40 of the Illinois Administrative Procedure Act
regarding |
11 |
| cross-examination, the
Board may prescribe rules limiting the |
12 |
| right of an applicant or participant in
any proceeding to award |
13 |
| an organization license to conduct cross-examination of
|
14 |
| witnesses at that proceeding where that cross-examination |
15 |
| would unduly obstruct
the timely award of an organization |
16 |
| license under subsection (e) of Section 20
of this Act; (2) the |
17 |
| provisions of Section 10-45 of the Illinois Administrative
|
18 |
| Procedure Act regarding proposals for decision are excluded |
19 |
| under this Act; (3)
notwithstanding the provisions of |
20 |
| subsection (a) of Section 10-60 of the
Illinois Administrative |
21 |
| Procedure Act regarding ex parte communications, the
Board may |
22 |
| prescribe rules allowing ex parte communications with |
23 |
| applicants or
participants in a proceeding to award an |
24 |
| organization license where conducting
those communications |
25 |
| would be in the best interest of racing, provided all
those |
26 |
| communications are made part of the record of that proceeding |
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| pursuant
to subsection (c) of Section 10-60 of the Illinois |
2 |
| Administrative
Procedure Act; (4) the provisions of Section 14a |
3 |
| of this Act and the rules of
the Board promulgated under that |
4 |
| Section shall apply instead of the provisions
of Article 10 of |
5 |
| the Illinois Administrative Procedure Act regarding
|
6 |
| administrative law judges; and (5) the provisions of subsection |
7 |
| (d)
of Section 10-65 of the Illinois Administrative Procedure |
8 |
| Act that prevent
summary suspension of a license pending |
9 |
| revocation or other action shall not
apply.
|
10 |
| (f) The Board may allot racing dates to an organization |
11 |
| licensee for more
than one calendar year but for no more than 3 |
12 |
| successive calendar years in
advance, provided that the Board |
13 |
| shall review such allotment for more than
one calendar year |
14 |
| prior to each year for which such allotment has been
made. The |
15 |
| granting of an organization license to a person constitutes a
|
16 |
| privilege to conduct a horse race meeting under the provisions |
17 |
| of this Act, and
no person granted an organization license |
18 |
| shall be deemed to have a vested
interest, property right, or |
19 |
| future expectation to receive an organization
license in any |
20 |
| subsequent year as a result of the granting of an organization
|
21 |
| license. Organization licenses shall be subject to revocation |
22 |
| if the
organization licensee has violated any provision of this |
23 |
| Act
or the rules and regulations promulgated under this Act or |
24 |
| has been convicted
of a crime or has failed to disclose or has |
25 |
| stated falsely any information
called for in the application |
26 |
| for an organization license. Any
organization license |
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| revocation
proceeding shall be in accordance with Section 16 |
2 |
| regarding suspension and
revocation of occupation licenses.
|
3 |
| (f-5) If, (i) an applicant does not file an acceptance of |
4 |
| the racing dates
awarded by the Board as required under part |
5 |
| (1) of subsection (h) of this
Section 20, or (ii) an |
6 |
| organization licensee has its license suspended or
revoked |
7 |
| under this Act, the Board, upon conducting an emergency hearing |
8 |
| as
provided for in this Act, may reaward on an emergency basis |
9 |
| pursuant to
rules established by the Board, racing dates not |
10 |
| accepted or the racing
dates
associated with any suspension or |
11 |
| revocation period to one or more organization
licensees, new |
12 |
| applicants, or any combination thereof, upon terms and
|
13 |
| conditions that the Board determines are in the best interest |
14 |
| of racing,
provided, the organization licensees or new |
15 |
| applicants receiving the awarded
racing dates file an |
16 |
| acceptance of those reawarded racing dates as
required under |
17 |
| paragraph (1) of subsection (h) of this Section 20 and comply
|
18 |
| with the other provisions of this Act. The Illinois |
19 |
| Administrative Procedures
Act shall not apply to the |
20 |
| administrative procedures of the Board in conducting
the |
21 |
| emergency hearing and the reallocation of racing dates on an |
22 |
| emergency
basis.
|
23 |
| (g) (Blank).
|
24 |
| (h) The Board shall send the applicant a copy of its |
25 |
| formally
executed order by certified mail addressed to the |
26 |
| applicant at the
address stated in his application, which |
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| notice shall be mailed within 5 days
of the date the formal |
2 |
| order is executed.
|
3 |
| Each applicant notified shall, within 10 days after receipt |
4 |
| of the
final executed order of the Board awarding
racing dates:
|
5 |
| (1) file with the Board an acceptance of such
award in
|
6 |
| the form
prescribed by the Board;
|
7 |
| (2) pay to the Board an additional amount equal to $110 |
8 |
| for each
racing date awarded; and
|
9 |
| (3) file with the Board the bonds required in Sections |
10 |
| 21
and 25 at least
20 days prior to the first day of each |
11 |
| race meeting.
|
12 |
| Upon compliance with the provisions of paragraphs (1), (2), and |
13 |
| (3) of
this subsection (h), the applicant shall be issued an
|
14 |
| organization license.
|
15 |
| If any applicant fails to comply with this Section or fails
|
16 |
| to pay the organization license fees herein provided, no |
17 |
| organization
license shall be issued to such applicant.
|
18 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
19 |
| (230 ILCS 5/21.5 new)
|
20 |
| Sec. 21.5. License fees; deposit. |
21 |
| (a) The Board shall annually determine the annual cost of |
22 |
| maintaining control and regulatory activities contemplated by |
23 |
| this Act for each individual licensee. The Office of Gaming |
24 |
| Enforcement shall certify to the Board actual and prospective |
25 |
| costs of the investigative and enforcement functions of the |
|
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| Office. These costs, together with the general operating |
2 |
| expenses of the Board, shall be the basis for the fee imposed |
3 |
| on each licensee. Each individual licensee's fees shall be |
4 |
| based upon proportionate costs for each individual licensee. |
5 |
| (b) Upon issuance or the first renewal of an organization |
6 |
| license after the effective date of this amendatory Act of the |
7 |
| 95th General Assembly, an organization licensee shall deposit |
8 |
| $100,000 into a fund held by the Director of the Office of |
9 |
| Gaming Enforcement separate from State moneys. The moneys in |
10 |
| the fund shall be used by the Director of the Office of Gaming |
11 |
| Enforcement for the purpose of conducting any investigation |
12 |
| concerning that licensee. Upon each subsequent renewal of an |
13 |
| organization license, the organization licensee shall deposit |
14 |
| the amount necessary to bring the moneys in the fund |
15 |
| attributable to that licensee to $100,000.
|
16 |
| (230 ILCS 5/25) (from Ch. 8, par. 37-25)
|
17 |
| Sec. 25. Admission fee. |
18 |
| (a) There shall be paid to the Board at such time or times |
19 |
| as
it shall prescribe, the sum of fifteen cents (15¢) for each |
20 |
| person entering
the grounds or enclosure of each organization |
21 |
| licensee and
inter-track wagering licensee upon a ticket of |
22 |
| admission except as provided
in subsection (b) of this Section |
23 |
| and subsection (g) of Section 27 of this Act. If
tickets are |
24 |
| issued for more than one day then the sum of fifteen cents
|
25 |
| (15¢) shall be paid for each person using such ticket on each |
|
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| day that the
same shall be used. Provided, however, that no |
2 |
| charge shall be made on
tickets of admission issued to and in |
3 |
| the name of directors, officers,
agents or employees of the |
4 |
| organization licensee, or inter-track wagering
licensee, or to |
5 |
| owners, trainers, jockeys,
drivers and their employees or to |
6 |
| any person or persons entering the
grounds or enclosure for the |
7 |
| transaction of business in connection with such
race meeting. |
8 |
| The organization licensee or inter-track wagering licensee
|
9 |
| may, if it desires, collect such amount from
each ticket holder |
10 |
| in addition to the amount or amounts charged for such
ticket of |
11 |
| admission.
|
12 |
| Accurate records and books shall at all times be kept and |
13 |
| maintained by
the organization licensees and inter-track |
14 |
| wagering licensees
showing the admission tickets issued and |
15 |
| used on each racing
day and the attendance thereat of each |
16 |
| horse racing meeting. The Board or
its duly authorized |
17 |
| representative or representatives shall at all
reasonable |
18 |
| times have access to the admission records of any organization
|
19 |
| licensee and inter-track wagering licensee for
the purpose of |
20 |
| examining and checking the same and ascertaining whether or
not |
21 |
| the proper amount has been or is being paid the State of |
22 |
| Illinois as
herein provided. The Board shall also require, |
23 |
| before issuing any license,
that the licensee shall execute and |
24 |
| deliver to it a bond, payable to the
State of Illinois, in such |
25 |
| sum as it shall determine, not, however, in
excess of fifty |
26 |
| thousand dollars ($50,000), with a surety or sureties to be
|
|
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| approved by it, conditioned for the payment of all sums due and |
2 |
| payable or
collected by it under this Section upon admission |
3 |
| fees received for any
particular racing meetings. The Board may |
4 |
| also from time to time require sworn
statements of the number |
5 |
| or numbers of such admissions and may prescribe blanks
upon |
6 |
| which such reports shall be made. Any organization licensee or
|
7 |
| inter-track wagering licensee failing or
refusing to pay the |
8 |
| amount found to be due as herein provided, shall be
deemed |
9 |
| guilty of a business offense and upon conviction shall be |
10 |
| punished by a
fine of not more than five thousand dollars |
11 |
| ($5,000) in addition to the amount
due from such organization |
12 |
| licensee or inter-track wagering licensee as
herein provided. |
13 |
| All fines paid into court by an organization
licensee or |
14 |
| inter-track wagering licensee found guilty of violating this
|
15 |
| Section shall be transmitted and paid
over by the clerk of the |
16 |
| court to the Board.
|
17 |
| (b) A person who exits the grounds or enclosure of each |
18 |
| organization licensee and inter-track wagering licensee and |
19 |
| reenters such grounds or enclosure within the same day shall be |
20 |
| subject to only the initial admissions tax. |
21 |
| (Source: P.A. 88-495; 89-16, eff. 5-30-95.)
|
22 |
| (230 ILCS 5/26)
(from Ch. 8, par. 37-26)
|
23 |
| Sec. 26. Wagering.
|
24 |
| (a) Any licensee may conduct and supervise the pari-mutuel |
25 |
| system of
wagering, as defined in Section 3.12 of this Act, on |
|
|
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| horse races conducted by
an Illinois organization licensee or |
2 |
| conducted at a racetrack located in
another state or country |
3 |
| and televised in Illinois in accordance with
subsection (g) of |
4 |
| Section 26 of this Act. Subject to the prior consent of the
|
5 |
| Board, licensees may supplement any pari-mutuel pool in order |
6 |
| to guarantee a
minimum distribution. Such pari-mutuel method of |
7 |
| wagering shall not, under any
circumstances if conducted under |
8 |
| the provisions of this Act, be held or
construed to be |
9 |
| unlawful, other statutes of this State to the contrary
|
10 |
| notwithstanding. Subject to rules for advance wagering |
11 |
| promulgated by the
Board, any licensee may accept wagers in |
12 |
| advance of the day of the race wagered
upon occurs.
|
13 |
| (b) Except as otherwise provided in Section 56, no other |
14 |
| method of
betting, pool making, wagering or gambling shall be |
15 |
| used or permitted by the
licensee. Each licensee may retain, |
16 |
| subject to the payment of all applicable
taxes and purses, an |
17 |
| amount not to exceed 17% of all money wagered under
subsection |
18 |
| (a) of this Section, except as may otherwise be permitted under |
19 |
| this
Act.
|
20 |
| (b-5) An individual may place a wager under the pari-mutuel |
21 |
| system from
any licensed location authorized under this Act |
22 |
| provided that wager is
electronically recorded in the manner |
23 |
| described in Section 3.12 of this Act.
Any wager made |
24 |
| electronically by an individual while physically on the |
25 |
| premises
of a licensee shall be deemed to have been made at the |
26 |
| premises of that
licensee.
|
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| (c) Until January 1, 2000, the sum held by any licensee for |
2 |
| payment of
outstanding pari-mutuel tickets, if unclaimed prior |
3 |
| to December 31 of the
next year, shall be retained by the |
4 |
| licensee for payment of
such tickets until that date. Within 10 |
5 |
| days thereafter, the balance of
such sum remaining unclaimed, |
6 |
| less any uncashed supplements contributed by such
licensee for |
7 |
| the purpose of guaranteeing minimum distributions
of any |
8 |
| pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
|
9 |
| Rehabilitation Fund of the State treasury, except as provided |
10 |
| in subsection
(g) of Section 27 of this Act.
|
11 |
| (c-5) Beginning January 1, 2000, the sum held by any |
12 |
| licensee for payment
of
outstanding pari-mutuel tickets, if |
13 |
| unclaimed prior to December 31 of the
next year, shall be |
14 |
| retained by the licensee for payment of
such tickets until that |
15 |
| date ; except that the balance of the sum of all outstanding |
16 |
| pari-mutuel tickets generated from simulcast wagering by an |
17 |
| organization licensee located in Madison County or any licensee |
18 |
| that derives its license from that organization licensee shall |
19 |
| be evenly distributed between the organization licensee and the |
20 |
| purse account of the organization licensee. Additionally, the |
21 |
| balance of the sum of all outstanding pari-mutuel tickets |
22 |
| generated from inter-track wagering from an organization |
23 |
| licensee located in Madison County shall be evenly distributed |
24 |
| between the purse account of the organization licensee from |
25 |
| which the inter-track wagering licensee and the inter-track |
26 |
| wagering location licensee derive their licenses and the |
|
|
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| organization licensee . Within 10 days thereafter, the balance |
2 |
| of
such sum remaining unclaimed, less any uncashed supplements |
3 |
| contributed by such
licensee for the purpose of guaranteeing |
4 |
| minimum distributions
of any pari-mutuel pool, shall be evenly |
5 |
| distributed to the purse account of
the organization licensee |
6 |
| and the organization licensee.
|
7 |
| (d) A pari-mutuel ticket shall be honored until December 31 |
8 |
| of the
next calendar year, and the licensee shall pay the same |
9 |
| and may
charge the amount thereof against unpaid money |
10 |
| similarly accumulated on account
of pari-mutuel tickets not |
11 |
| presented for payment.
|
12 |
| (e) No licensee shall knowingly permit any minor, other
|
13 |
| than an employee of such licensee or an owner, trainer,
jockey, |
14 |
| driver, or employee thereof, to be admitted during a racing
|
15 |
| program unless accompanied by a parent or guardian, or any |
16 |
| minor to be a
patron of the pari-mutuel system of wagering |
17 |
| conducted or
supervised by it. The admission of any |
18 |
| unaccompanied minor, other than
an employee of the licensee or |
19 |
| an owner, trainer, jockey,
driver, or employee thereof at a |
20 |
| race track is a Class C
misdemeanor.
|
21 |
| (f) Notwithstanding the other provisions of this Act, an
|
22 |
| organization licensee may contract
with an entity in another |
23 |
| state or country to permit any legal
wagering entity in another |
24 |
| state or country to accept wagers solely within
such other |
25 |
| state or country on races conducted by the organization |
26 |
| licensee
in this State.
Beginning January 1, 2000, these wagers
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| shall not be subject to State
taxation. Until January 1, 2000,
|
2 |
| when the out-of-State entity conducts a pari-mutuel pool
|
3 |
| separate from the organization licensee, a privilege tax equal |
4 |
| to 7 1/2% of
all monies received by the organization licensee |
5 |
| from entities in other states
or countries pursuant to such |
6 |
| contracts is imposed on the organization
licensee, and such |
7 |
| privilege tax shall be remitted to the
Department of Revenue
|
8 |
| within 48 hours of receipt of the moneys from the simulcast. |
9 |
| When the
out-of-State entity conducts a
combined pari-mutuel |
10 |
| pool with the organization licensee, the tax shall be 10%
of |
11 |
| all monies received by the organization licensee with 25% of |
12 |
| the
receipts from this 10% tax to be distributed to the county
|
13 |
| in which the race was conducted.
|
14 |
| An organization licensee may permit one or more of its |
15 |
| races to be
utilized for
pari-mutuel wagering at one or more |
16 |
| locations in other states and may
transmit audio and visual |
17 |
| signals of races the organization licensee
conducts to one or
|
18 |
| more locations outside the State or country and may also permit |
19 |
| pari-mutuel
pools in other states or countries to be combined |
20 |
| with its gross or net
wagering pools or with wagering pools |
21 |
| established by other states.
|
22 |
| (g) A host track may accept interstate simulcast wagers on |
23 |
| horse
races conducted in other states or countries and shall |
24 |
| control the
number of signals and types of breeds of racing in |
25 |
| its simulcast program,
subject to the disapproval of the Board. |
26 |
| The Board may prohibit a simulcast
program only if it finds |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| that the simulcast program is clearly
adverse to the integrity |
2 |
| of racing. The host track
simulcast program shall
include the |
3 |
| signal of live racing of all organization licensees.
All |
4 |
| non-host licensees shall carry the host track simulcast program |
5 |
| and
accept wagers on all races included as part of the |
6 |
| simulcast
program upon which wagering is permitted.
The costs |
7 |
| and expenses
of the host track and non-host licensees |
8 |
| associated
with interstate simulcast
wagering, other than the |
9 |
| interstate
commission fee, shall be borne by the host track and |
10 |
| all
non-host licensees
incurring these costs.
The interstate |
11 |
| commission fee shall not exceed 5% of Illinois handle on the
|
12 |
| interstate simulcast race or races without prior approval of |
13 |
| the Board. The
Board shall promulgate rules under which it may |
14 |
| permit
interstate commission
fees in excess of 5%. The |
15 |
| interstate commission
fee and other fees charged by the sending |
16 |
| racetrack, including, but not
limited to, satellite decoder |
17 |
| fees, shall be uniformly applied
to the host track and all |
18 |
| non-host licensees.
|
19 |
| Notwithstanding any other provision of this Act and with |
20 |
| the consent of the horsemen association representing the |
21 |
| largest number of owners, trainers, jockeys, or standardbred |
22 |
| drivers who race horses at that organization licensee's racing |
23 |
| meeting, an organization licensee may maintain a system whereby |
24 |
| advance deposit wagering may take place or may contract with |
25 |
| another person to carry out a system of advance deposit |
26 |
| wagering. Any modifications or renegotiations to a contract |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| entered into under this subsection shall also be subject to the |
2 |
| consent of that horsemen association. All advance deposit |
3 |
| wagers placed from within Illinois must be placed through a |
4 |
| Board-approved advance deposit wagering licensee; no other |
5 |
| entity may accept an advance deposit wager from a person within |
6 |
| Illinois. All advance deposit wagering is subject to any rules |
7 |
| adopted by the Board. The Board may adopt rules necessary to |
8 |
| regulate advance deposit wagering through the use of emergency |
9 |
| rulemaking in accordance with Section 5-45 of the Illinois |
10 |
| Administrative Procedure Act. The General Assembly finds that |
11 |
| the adoption of rules to regulate advance deposit wagering is |
12 |
| deemed an emergency and necessary for the public interest, |
13 |
| safety, and welfare. After payment of the State pari-mutuel |
14 |
| tax, an advance deposit wagering licensee may retain all moneys |
15 |
| as agreed to by contract with an organization licensee. Any |
16 |
| moneys retained by the organization licensee from advance |
17 |
| deposit wagering, not including moneys retained by the advance |
18 |
| deposit wagering licensee, shall be paid 50% to the |
19 |
| organization licensee's purse account, with the purse account |
20 |
| share for races that start on or after 6:30 a.m. but before |
21 |
| 6:30 p.m. Illinois time allocated to thoroughbred purses and |
22 |
| the purse account share for races that start on or after 6:30 |
23 |
| p.m. but before 6:30 a.m. Illinois time allocated to |
24 |
| standardbred purses, and 50% to the organization licensee. All |
25 |
| breakage from advance deposit wagering shall be allocated as |
26 |
| provided in Section 26.1. To the extent any fees from advance |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| deposit wagering conducted in Illinois for wagers in Illinois |
2 |
| or other states have been placed in escrow or otherwise |
3 |
| withheld from wagers pending a determination of the legality of |
4 |
| advance deposit wagering, no action shall be brought to declare |
5 |
| such wagers or the disbursement of any fees previously escrowed |
6 |
| illegal.
|
7 |
| (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
|
8 |
| intertrack wagering
licensee other than the host track may |
9 |
| supplement the host track simulcast
program with |
10 |
| additional simulcast races or race programs, provided that |
11 |
| between
January 1 and the third Friday in February of any |
12 |
| year, inclusive, if no live
thoroughbred racing is |
13 |
| occurring in Illinois during this period, only
|
14 |
| thoroughbred races may be used
for supplemental interstate |
15 |
| simulcast purposes. The Board shall withhold
approval for a |
16 |
| supplemental interstate simulcast only if it finds that the
|
17 |
| simulcast is clearly adverse to the integrity of racing. A |
18 |
| supplemental
interstate simulcast may be transmitted from |
19 |
| an intertrack wagering licensee to
its affiliated non-host |
20 |
| licensees. The interstate commission fee for a
|
21 |
| supplemental interstate simulcast shall be paid by the |
22 |
| non-host licensee and
its affiliated non-host licensees |
23 |
| receiving the simulcast.
|
24 |
| (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
|
25 |
| intertrack wagering
licensee other than the host track may |
26 |
| receive supplemental interstate
simulcasts only with the |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| consent of the host track, except when the Board
finds that |
2 |
| the simulcast is
clearly adverse to the integrity of |
3 |
| racing. Consent granted under this
paragraph (2) to any |
4 |
| intertrack wagering licensee shall be deemed consent to
all |
5 |
| non-host licensees. The interstate commission fee for the |
6 |
| supplemental
interstate simulcast shall be paid
by all |
7 |
| participating non-host licensees.
|
8 |
| (3) Each licensee conducting interstate simulcast |
9 |
| wagering may retain,
subject to the payment of all |
10 |
| applicable taxes and the purses, an amount not to
exceed |
11 |
| 17% of all money wagered. If any licensee conducts the |
12 |
| pari-mutuel
system wagering on races conducted at |
13 |
| racetracks in another state or country,
each such race or |
14 |
| race program shall be considered a separate racing day for
|
15 |
| the purpose of determining the daily handle and computing |
16 |
| the privilege tax of
that daily handle as provided in |
17 |
| subsection (a) of Section 27.
Until January 1, 2000,
from |
18 |
| the sums permitted to be retained pursuant to this |
19 |
| subsection, each
intertrack wagering location licensee |
20 |
| shall pay 1% of the pari-mutuel handle
wagered on simulcast |
21 |
| wagering to the Horse Racing Tax Allocation Fund, subject
|
22 |
| to the provisions of subparagraph (B) of paragraph (11) of |
23 |
| subsection (h) of
Section 26 of this Act.
|
24 |
| (4) A licensee who receives an interstate simulcast may |
25 |
| combine its gross
or net pools with pools at the sending |
26 |
| racetracks pursuant to rules established
by the Board. All |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| licensees combining their gross pools
at a
sending |
2 |
| racetrack shall adopt the take-out percentages of the |
3 |
| sending
racetrack.
A licensee may also establish a separate |
4 |
| pool and takeout structure for
wagering purposes on races |
5 |
| conducted at race tracks outside of the
State of Illinois. |
6 |
| The licensee may permit pari-mutuel wagers placed in other
|
7 |
| states or
countries to be combined with its gross or net |
8 |
| wagering pools or other
wagering pools.
|
9 |
| (5) After the payment of the interstate commission fee |
10 |
| (except for the
interstate commission
fee on a supplemental |
11 |
| interstate simulcast, which shall be paid by the host
track |
12 |
| and by each non-host licensee through the host-track) and |
13 |
| all applicable
State and local
taxes, except as provided in |
14 |
| subsection (g) of Section 27 of this Act, the
remainder of |
15 |
| moneys retained from simulcast wagering pursuant to this
|
16 |
| subsection (g), and Section 26.2 shall be divided as |
17 |
| follows:
|
18 |
| (A) For interstate simulcast wagers made at a host |
19 |
| track, 50% to the
host
track and 50% to purses at the |
20 |
| host track.
|
21 |
| (B) For wagers placed on interstate simulcast |
22 |
| races, supplemental
simulcasts as defined in |
23 |
| subparagraphs (1) and (2), and separately pooled races
|
24 |
| conducted outside of the State of Illinois made at a |
25 |
| non-host
licensee, 25% to the host
track, 25% to the |
26 |
| non-host licensee, and 50% to the purses at the host |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| track.
|
2 |
| (6) Notwithstanding any provision in this Act to the |
3 |
| contrary, non-host
licensees
who derive their licenses |
4 |
| from a track located in a county with a population in
|
5 |
| excess of 230,000 and that borders the Mississippi River |
6 |
| may receive
supplemental interstate simulcast races at all |
7 |
| times subject to Board approval,
which shall be withheld |
8 |
| only upon a finding that a supplemental interstate
|
9 |
| simulcast is clearly adverse to the integrity of racing.
|
10 |
| (7) Notwithstanding any provision of this Act to the |
11 |
| contrary, after
payment of all applicable State and local |
12 |
| taxes and interstate commission fees,
non-host licensees |
13 |
| who derive their licenses from a track located in a county
|
14 |
| with a population in excess of 230,000 and that borders the |
15 |
| Mississippi River
shall retain 50% of the retention from |
16 |
| interstate simulcast wagers and shall
pay 50% to purses at |
17 |
| the track from which the non-host licensee derives its
|
18 |
| license as follows:
|
19 |
| (A) Between January 1 and the third Friday in |
20 |
| February, inclusive, if no
live thoroughbred racing is |
21 |
| occurring in Illinois during this period, when the
|
22 |
| interstate simulcast is a standardbred race, the purse |
23 |
| share to its
standardbred purse account;
|
24 |
| (B) Between January 1 and the third Friday in |
25 |
| February, inclusive, if no
live thoroughbred racing is |
26 |
| occurring in Illinois during this period, and the
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| interstate simulcast is a thoroughbred race, the purse |
2 |
| share to its interstate
simulcast purse pool to be |
3 |
| distributed under paragraph (10) of this subsection
|
4 |
| (g);
|
5 |
| (C) Between January 1 and the third Friday in |
6 |
| February, inclusive, if
live thoroughbred racing is |
7 |
| occurring in Illinois, between 6:30 a.m. and 6:30
p.m. |
8 |
| the purse share from wagers made during this time |
9 |
| period to its
thoroughbred purse account and between |
10 |
| 6:30 p.m. and 6:30 a.m. the purse share
from wagers |
11 |
| made during this time period to its standardbred purse |
12 |
| accounts;
|
13 |
| (D) Between the third Saturday in February and |
14 |
| December 31, when the
interstate simulcast occurs |
15 |
| between the hours of 6:30 a.m. and 6:30 p.m., the
purse |
16 |
| share to its thoroughbred purse account;
|
17 |
| (E) Between the third Saturday in February and |
18 |
| December 31, when the
interstate simulcast occurs |
19 |
| between the hours of 6:30 p.m. and 6:30 a.m., the
purse |
20 |
| share to its standardbred purse account.
|
21 |
| (7.1) Notwithstanding any other provision of this Act |
22 |
| to the contrary,
if
no
standardbred 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 |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| (2) are generated between the hours of 6:30 p.m. and 6:30 |
2 |
| a.m.
during that
calendar year shall
be paid as follows:
|
3 |
| (A) If the licensee that conducts horse racing at |
4 |
| that racetrack
requests from the Board at least as many |
5 |
| racing dates as were conducted in
calendar year 2000, |
6 |
| 80% shall be paid to its thoroughbred purse account; |
7 |
| and
|
8 |
| (B) Twenty percent shall be deposited into the |
9 |
| Illinois Colt Stakes
Purse
Distribution
Fund and shall |
10 |
| be paid to purses for standardbred races for Illinois |
11 |
| conceived
and foaled horses conducted at any county |
12 |
| fairgrounds.
The moneys deposited into the Fund |
13 |
| pursuant to this subparagraph (B) shall be
deposited
|
14 |
| within 2
weeks after the day they were generated, shall |
15 |
| be in addition to and not in
lieu of any other
moneys |
16 |
| paid to standardbred purses under this Act, and shall |
17 |
| not be commingled
with other moneys paid into that |
18 |
| Fund. The moneys deposited
pursuant to this |
19 |
| subparagraph (B) shall be allocated as provided by the
|
20 |
| Department of Agriculture, with the advice and |
21 |
| assistance of the Illinois
Standardbred
Breeders Fund |
22 |
| Advisory Board.
|
23 |
| (7.2) Notwithstanding any other provision of this Act |
24 |
| to the contrary, if
no
thoroughbred racing is conducted at |
25 |
| a racetrack located in Madison County
during any
calendar |
26 |
| year beginning on or after January 1,
2002, all
moneys |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| derived by
that racetrack from simulcast wagering and |
2 |
| inter-track wagering that (1) are to
be used
for purses and |
3 |
| (2) are generated between the hours of 6:30 a.m. and 6:30 |
4 |
| p.m.
during that
calendar year shall
be deposited as |
5 |
| follows:
|
6 |
| (A) If the licensee that conducts horse racing at |
7 |
| that racetrack
requests from the
Board at least
as many |
8 |
| racing dates as were conducted in calendar year 2000, |
9 |
| 80%
shall be deposited into its standardbred purse
|
10 |
| account; and
|
11 |
| (B) Twenty percent shall be deposited into the |
12 |
| Illinois Colt Stakes
Purse
Distribution Fund. Moneys |
13 |
| deposited into the Illinois Colt Stakes Purse
|
14 |
| Distribution Fund
pursuant to this subparagraph (B) |
15 |
| may be used (i) at the discretion of the Department, |
16 |
| for drug testing as authorized in Section 34.3 of this |
17 |
| Act and for distribution to Illinois county fairs to |
18 |
| supplement premiums offered in junior classes and (ii) |
19 |
| by the Department of Agriculture for the
purposes |
20 |
| identified in paragraphs (2), (2.5), (4), (4.1), (6), |
21 |
| (7), (8), and
(9) of
subsection (g) of Section 30, |
22 |
| subsection (e) of Section 30.5, paragraphs (1),
(2), |
23 |
| (3),
(5), and (8) of subsection (g) of Section 31, and |
24 |
| for standardbred bonus
programs
for owners of horses |
25 |
| that win multiple stakes races that are limited to
|
26 |
| Illinois conceived and foaled horses. Any balance |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| shall be paid to Illinois
conceived and foaled |
2 |
| thoroughbred breeders' programs
and to thoroughbred |
3 |
| purses for races conducted at any county fairgrounds |
4 |
| for
Illinois conceived
and foaled horses at the |
5 |
| discretion of the
Department of Agriculture, with the |
6 |
| advice and assistance of
the Illinois Thoroughbred |
7 |
| Breeders Fund Advisory
Board. The moneys deposited |
8 |
| into the Illinois Colt Stakes Purse Distribution
Fund
|
9 |
| pursuant to this subparagraph (B) shall be deposited |
10 |
| within 2 weeks
after the day they were generated, shall |
11 |
| be in addition to and not in
lieu of any other moneys |
12 |
| paid to thoroughbred purses
under this Act, and shall |
13 |
| not be commingled with other moneys deposited into
that |
14 |
| Fund.
The Illinois Colt Stakes Purse Distribution Fund |
15 |
| is a non-appropriated trust fund. The Illinois Colt |
16 |
| Stakes Purse Distribution
Fund shall not be subject to |
17 |
| sweeps, administrative charges, or charge backs, |
18 |
| including, but not
limited to, those authorized under |
19 |
| Section 8h of the State Finance Act, or any other |
20 |
| fiscal or budgetary maneuver that
would in any way |
21 |
| transfer any funds from the Illinois Colt Stakes Purse |
22 |
| Distribution
Fund into any other
fund of the State.
|
23 |
| (7.3) If no live standardbred racing is conducted at a |
24 |
| racetrack located
in
Madison
County in calendar year 2000 |
25 |
| or 2001,
an organization licensee who is licensed
to |
26 |
| conduct horse racing at that racetrack shall, before |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| January 1, 2002, pay
all
moneys derived from simulcast |
2 |
| wagering and inter-track wagering in calendar
years 2000 |
3 |
| and 2001 and
paid into the licensee's standardbred purse |
4 |
| account as follows:
|
5 |
| (A) Eighty percent to that licensee's thoroughbred |
6 |
| purse account to
be used for thoroughbred purses; and
|
7 |
| (B) Twenty percent to the Illinois Colt Stakes |
8 |
| Purse Distribution
Fund.
|
9 |
| Failure to make the payment to the Illinois Colt Stakes |
10 |
| Purse Distribution
Fund before January 1, 2002
shall
result |
11 |
| in the immediate revocation of the licensee's organization
|
12 |
| license, inter-track wagering license, and inter-track |
13 |
| wagering location
license.
|
14 |
| Moneys paid into the Illinois
Colt Stakes Purse |
15 |
| Distribution Fund pursuant to this
paragraph (7.3) shall be |
16 |
| paid to purses for standardbred
races for Illinois |
17 |
| conceived and foaled horses conducted
at any county
|
18 |
| fairgrounds.
Moneys paid into the Illinois
Colt Stakes |
19 |
| Purse Distribution Fund pursuant to this
paragraph (7.3) |
20 |
| shall be used as determined by the
Department of |
21 |
| Agriculture, with the advice and assistance of the
Illinois |
22 |
| Standardbred Breeders Fund Advisory Board, shall be in |
23 |
| addition to
and not in lieu of any other moneys paid to |
24 |
| standardbred purses under this Act,
and shall not be |
25 |
| commingled
with any other moneys paid into that Fund.
|
26 |
| (7.4) If live standardbred racing is conducted at a |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| racetrack located in
Madison
County at any time in calendar |
2 |
| year 2001 before the payment required
under
paragraph (7.3) |
3 |
| has been made, the organization licensee who is licensed to
|
4 |
| conduct
racing at that racetrack shall pay all moneys |
5 |
| derived by that racetrack from
simulcast
wagering and |
6 |
| inter-track wagering during calendar years 2000 and 2001 |
7 |
| that (1)
are to be
used for purses and (2) are generated |
8 |
| between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or |
9 |
| 2001 to the standardbred purse account at that
racetrack to
|
10 |
| be used for standardbred purses.
|
11 |
| (7.5) Notwithstanding any provision of this Act to the |
12 |
| contrary, if live standardbred racing and live |
13 |
| thoroughbred racing are both conducted at a racetrack |
14 |
| located in
Madison
County at any time in a calendar year, |
15 |
| all
moneys derived by
that racetrack from simulcast |
16 |
| wagering and inter-track wagering between the hours of 6:30 |
17 |
| p.m. and 6:30 a.m. that are to
be used
for purses shall
be |
18 |
| deposited as follows: 70% shall be paid to its thoroughbred |
19 |
| purse account and 30% shall be paid to its standardbred |
20 |
| purse account.
|
21 |
| (8) Notwithstanding any provision in this Act to the |
22 |
| contrary, an
organization licensee from a track located in |
23 |
| a county with a population in
excess of 230,000 and that |
24 |
| borders the Mississippi River and its affiliated
non-host |
25 |
| licensees shall not be entitled to share in any retention |
26 |
| generated on
racing, inter-track wagering, or simulcast |
|
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09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| wagering at any other Illinois
wagering facility.
|
2 |
| (8.1) Notwithstanding any provisions in this Act to the |
3 |
| contrary, if 2
organization licensees
are conducting |
4 |
| standardbred race meetings concurrently
between the hours |
5 |
| of 6:30 p.m. and 6:30 a.m., after payment of all applicable
|
6 |
| State and local taxes and interstate commission fees, the |
7 |
| remainder of the
amount retained from simulcast wagering |
8 |
| otherwise attributable to the host
track and to host track |
9 |
| purses shall be split daily between the 2
organization |
10 |
| licensees and the purses at the tracks of the 2 |
11 |
| organization
licensees, respectively, based on each |
12 |
| organization licensee's share
of the total live handle for |
13 |
| that day,
provided that this provision shall not apply to |
14 |
| any non-host licensee that
derives its license from a track |
15 |
| located in a county with a population in
excess of 230,000 |
16 |
| and that borders the Mississippi River.
|
17 |
| (9) (Blank).
|
18 |
| (10) (Blank).
|
19 |
| (11) (Blank).
|
20 |
| (12) The Board shall have authority to compel all host |
21 |
| tracks to receive
the simulcast of any or all races |
22 |
| conducted at the Springfield or DuQuoin State
fairgrounds |
23 |
| and include all such races as part of their simulcast |
24 |
| programs.
|
25 |
| (13)
Notwithstanding any other provision of this Act, |
26 |
| in
the event that
the total Illinois pari-mutuel handle on |
|
|
|
09500HB2651sam003 |
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| Illinois horse races at all wagering
facilities in any |
2 |
| calendar year is less than 75% of the total Illinois
|
3 |
| pari-mutuel handle on Illinois horse races at all such |
4 |
| wagering facilities for
calendar year 1994, then each |
5 |
| wagering facility that has an annual total
Illinois |
6 |
| pari-mutuel handle on Illinois horse races that is less |
7 |
| than 75% of
the total Illinois pari-mutuel handle on |
8 |
| Illinois horse races at such wagering
facility for calendar |
9 |
| year 1994, shall be permitted to receive, from any amount
|
10 |
| otherwise
payable to the purse account at the race track |
11 |
| with which the wagering facility
is affiliated in the |
12 |
| succeeding calendar year, an amount equal to 2% of the
|
13 |
| differential in total Illinois pari-mutuel handle on |
14 |
| Illinois horse
races at the wagering facility between that |
15 |
| calendar year in question and 1994
provided, however, that |
16 |
| a
wagering facility shall not be entitled to any such |
17 |
| payment until the Board
certifies in writing to the |
18 |
| wagering facility the amount to which the wagering
facility |
19 |
| is entitled
and a schedule for payment of the amount to the |
20 |
| wagering facility, based on:
(i) the racing dates awarded |
21 |
| to the race track affiliated with the wagering
facility |
22 |
| during the succeeding year; (ii) the sums available or |
23 |
| anticipated to
be available in the purse account of the |
24 |
| race track affiliated with the
wagering facility for purses |
25 |
| during the succeeding year; and (iii) the need to
ensure |
26 |
| reasonable purse levels during the payment period.
The |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
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| Board's certification
shall be provided no later than |
2 |
| January 31 of the succeeding year.
In the event a wagering |
3 |
| facility entitled to a payment under this paragraph
(13) is |
4 |
| affiliated with a race track that maintains purse accounts |
5 |
| for both
standardbred and thoroughbred racing, the amount |
6 |
| to be paid to the wagering
facility shall be divided |
7 |
| between each purse account pro rata, based on the
amount of |
8 |
| Illinois handle on Illinois standardbred and thoroughbred |
9 |
| racing
respectively at the wagering facility during the |
10 |
| previous calendar year.
Annually, the General Assembly |
11 |
| shall appropriate sufficient funds from the
General |
12 |
| Revenue Fund to the Department of Agriculture for payment |
13 |
| into the
thoroughbred and standardbred horse racing purse |
14 |
| accounts at
Illinois pari-mutuel tracks. The amount paid to |
15 |
| each purse account shall be
the amount certified by the |
16 |
| Illinois Racing Board in January to be
transferred from |
17 |
| each account to each eligible racing facility in
accordance |
18 |
| with the provisions of this Section. For the calendar year |
19 |
| in which an organization licensee that is eligible to
|
20 |
| receive a
payment under this paragraph (13) begins |
21 |
| conducting electronic gaming pursuant
to an
electronic |
22 |
| gaming license, the amount of that payment shall be reduced |
23 |
| by a
percentage
equal to the percentage of the year |
24 |
| remaining after the organization licensee
begins
|
25 |
| conducting electronic gaming pursuant to its electronic |
26 |
| gaming license.
An organization licensee shall no longer be |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| able to receive payments under
this paragraph (13) |
2 |
| beginning on the January 1 first occurring after the
|
3 |
| licensee begins conducting electronic gaming pursuant to |
4 |
| an electronic gaming
license issued under Section 7.7 of |
5 |
| the Illinois Gambling Act.
|
6 |
| (h) The Board may approve and license the conduct of |
7 |
| inter-track wagering
and simulcast wagering by inter-track |
8 |
| wagering licensees and inter-track
wagering location licensees |
9 |
| subject to the following terms and conditions:
|
10 |
| (1) Any person licensed to conduct a race meeting (i) |
11 |
| at a track where
60 or more days of racing were conducted |
12 |
| during the immediately preceding
calendar year or where |
13 |
| over the 5 immediately preceding calendar years an
average |
14 |
| of 30 or more days of racing were conducted annually may be |
15 |
| issued an
inter-track wagering license; (ii) at a track
|
16 |
| located in a county that is bounded by the Mississippi |
17 |
| River, which has a
population of less than 150,000 |
18 |
| according to the 1990 decennial census, and an
average of |
19 |
| at least 60 days of racing per year between 1985 and 1993 |
20 |
| may be
issued an inter-track wagering license; or (iii) at |
21 |
| a track
located in Madison
County that conducted at least |
22 |
| 100 days of live racing during the immediately
preceding
|
23 |
| calendar year may be issued an inter-track wagering |
24 |
| license, unless a lesser
schedule of
live racing is the |
25 |
| result of (A) weather, unsafe track conditions, or other
|
26 |
| acts of God; (B)
an agreement between the organization |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| licensee and the associations
representing the
largest |
2 |
| number of owners, trainers, jockeys, or standardbred |
3 |
| drivers who race
horses at
that organization licensee's |
4 |
| racing meeting; or (C) a finding by the Board of
|
5 |
| extraordinary circumstances and that it was in the best |
6 |
| interest of the public
and the sport to conduct fewer than |
7 |
| 100 days of live racing. Any such person
having operating |
8 |
| control of the racing facility may also receive up to 6
|
9 |
| inter-track wagering
location licenses. In no event shall |
10 |
| more than 6 inter-track wagering
locations be established |
11 |
| for each eligible race track, except that an
eligible race |
12 |
| track located in a county that has a population of more |
13 |
| than
230,000 and that is bounded by the Mississippi River |
14 |
| may establish up to 7
inter-track wagering locations.
An |
15 |
| application for
said license shall be filed with the Board |
16 |
| prior to such dates as may be
fixed by the Board. With an |
17 |
| application for an inter-track
wagering
location license |
18 |
| there shall be delivered to the Board a certified check or
|
19 |
| bank draft payable to the order of the Board for an amount |
20 |
| equal to $500.
The application shall be on forms prescribed |
21 |
| and furnished by the Board. The
application shall comply |
22 |
| with all other rules,
regulations and conditions imposed by |
23 |
| the Board in connection therewith.
|
24 |
| (2) The Board shall examine the applications with |
25 |
| respect to their
conformity with this Act and the rules and |
26 |
| regulations imposed by the
Board. If found to be in |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| compliance with the Act and rules and regulations
of the |
2 |
| Board, the Board may then issue a license to conduct |
3 |
| inter-track
wagering and simulcast wagering to such |
4 |
| applicant. All such applications
shall be acted upon by the |
5 |
| Board at a meeting to be held on such date as may be
fixed |
6 |
| by the Board.
|
7 |
| (3) In granting licenses to conduct inter-track |
8 |
| wagering and simulcast
wagering, the Board shall give due |
9 |
| consideration to
the best interests of the
public, of horse |
10 |
| racing, and of maximizing revenue to the State.
|
11 |
| (4) Prior to the issuance of a license to conduct |
12 |
| inter-track wagering
and simulcast wagering,
the applicant |
13 |
| shall file with the Board a bond payable to the State of |
14 |
| Illinois
in the sum of $50,000, executed by the applicant |
15 |
| and a surety company or
companies authorized to do business |
16 |
| in this State, and conditioned upon
(i) the payment by the |
17 |
| licensee of all taxes due under Section 27 or 27.1
and any |
18 |
| other monies due and payable under this Act, and (ii)
|
19 |
| distribution by the licensee, upon presentation of the |
20 |
| winning ticket or
tickets, of all sums payable to the |
21 |
| patrons of pari-mutuel pools.
|
22 |
| (5) Each license to conduct inter-track wagering and |
23 |
| simulcast
wagering shall specify the person
to whom it is |
24 |
| issued, the dates on which such wagering is permitted, and
|
25 |
| the track or location where the wagering is to be |
26 |
| conducted.
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| (6) All wagering under such license is subject to this |
2 |
| Act and to the
rules and regulations from time to time |
3 |
| prescribed by the Board, and every
such license issued by |
4 |
| the Board shall contain a recital to that effect.
|
5 |
| (7) An inter-track wagering licensee or inter-track |
6 |
| wagering location
licensee may accept wagers at the track |
7 |
| or location
where it is licensed, or as otherwise provided |
8 |
| under this Act.
|
9 |
| (8) Inter-track wagering or simulcast wagering shall |
10 |
| not be
conducted
at any track less than 5 miles from a |
11 |
| track at which a racing meeting is in
progress.
|
12 |
| (8.1) Inter-track wagering location
licensees who |
13 |
| derive their licenses from a particular organization |
14 |
| licensee
shall conduct inter-track wagering and simulcast |
15 |
| wagering only at locations
which are either within 90
miles |
16 |
| of that race track where the particular organization |
17 |
| licensee is
licensed to conduct racing, or within 135 miles |
18 |
| of that race track
where
the particular organization |
19 |
| licensee is licensed to conduct racing
in the case
of race |
20 |
| tracks in counties of less than 400,000 that were operating |
21 |
| on or
before June 1, 1986. However, inter-track wagering |
22 |
| and simulcast wagering
shall not
be conducted by those |
23 |
| licensees at any location within 5 miles of any race
track |
24 |
| at which a
horse race meeting has been licensed in the |
25 |
| current year, unless the person
having operating control of |
26 |
| such race track has given its written consent
to such |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| inter-track wagering location licensees,
which consent
|
2 |
| must be filed with the Board at or prior to the time |
3 |
| application is made.
|
4 |
| (8.2) Inter-track wagering or simulcast wagering shall |
5 |
| not be
conducted by an inter-track
wagering location |
6 |
| licensee at any location within 500 feet of an
existing
|
7 |
| church or existing school, nor within 500 feet of the |
8 |
| residences
of more than 50 registered voters without
|
9 |
| receiving written permission from a majority of the |
10 |
| registered
voters at such residences.
Such written |
11 |
| permission statements shall be filed with the Board. The
|
12 |
| distance of 500 feet shall be measured to the nearest part |
13 |
| of any
building
used for worship services, education |
14 |
| programs, residential purposes, or
conducting inter-track |
15 |
| wagering by an inter-track wagering location
licensee, and |
16 |
| not to property boundaries. However, inter-track wagering |
17 |
| or
simulcast wagering may be conducted at a site within 500 |
18 |
| feet of
a church, school or residences
of 50 or more |
19 |
| registered voters if such church, school
or residences have |
20 |
| been erected
or established, or such voters have been |
21 |
| registered, after
the Board issues
the original |
22 |
| inter-track wagering location license at the site in |
23 |
| question.
Inter-track wagering location licensees may |
24 |
| conduct inter-track wagering
and simulcast wagering only |
25 |
| in areas that are zoned for
commercial or manufacturing |
26 |
| purposes or
in areas for which a special use has been |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| approved by the local zoning
authority. However, no license |
2 |
| to conduct inter-track wagering and simulcast
wagering |
3 |
| shall be
granted by the Board with respect to any |
4 |
| inter-track wagering location
within the jurisdiction of |
5 |
| any local zoning authority which has, by
ordinance or by |
6 |
| resolution, prohibited the establishment of an inter-track
|
7 |
| wagering location within its jurisdiction. However, |
8 |
| inter-track wagering
and simulcast wagering may be |
9 |
| conducted at a site if such ordinance or
resolution is |
10 |
| enacted after
the Board licenses the original inter-track |
11 |
| wagering location
licensee for the site in question.
|
12 |
| (9) (Blank).
|
13 |
| (10) An inter-track wagering licensee or an |
14 |
| inter-track wagering
location licensee may retain, subject |
15 |
| to the
payment of the privilege taxes and the purses, an |
16 |
| amount not to
exceed 17% of all money wagered. Each program |
17 |
| of racing conducted by
each inter-track wagering licensee |
18 |
| or inter-track wagering location
licensee shall be |
19 |
| considered a separate racing day for the purpose of
|
20 |
| determining the daily handle and computing the privilege |
21 |
| tax or pari-mutuel
tax on such daily
handle as provided in |
22 |
| Section 27.
|
23 |
| (10.1) Except as provided in subsection (g) of Section |
24 |
| 27 of this Act,
inter-track wagering location licensees |
25 |
| shall pay 1% of the
pari-mutuel handle at each location to |
26 |
| the municipality in which such
location is situated and 1% |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| of the pari-mutuel handle at each location to
the county in |
2 |
| which such location is situated. In the event that an
|
3 |
| inter-track wagering location licensee is situated in an |
4 |
| unincorporated
area of a county, such licensee shall pay 2% |
5 |
| of the pari-mutuel handle from
such location to such |
6 |
| county.
|
7 |
| (10.2) Notwithstanding any other provision of this |
8 |
| Act, with respect to
intertrack wagering at a race track |
9 |
| located in a
county that has a population of
more than |
10 |
| 230,000 and that is bounded by the Mississippi River ("the |
11 |
| first race
track"), or at a facility operated by an |
12 |
| inter-track wagering licensee or
inter-track wagering |
13 |
| location licensee that derives its license from the
|
14 |
| organization licensee that operates the first race track, |
15 |
| on races conducted at
the first race track or on races |
16 |
| conducted at another Illinois race track
and |
17 |
| simultaneously televised to the first race track or to a |
18 |
| facility operated
by an inter-track wagering licensee or |
19 |
| inter-track wagering location licensee
that derives its |
20 |
| license from the organization licensee that operates the |
21 |
| first
race track, those moneys shall be allocated as |
22 |
| follows:
|
23 |
| (A) That portion of all moneys wagered on |
24 |
| standardbred racing that is
required under this Act to |
25 |
| be paid to purses shall be paid to purses for
|
26 |
| standardbred races.
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| (B) That portion of all moneys wagered on |
2 |
| thoroughbred racing
that is required under this Act to |
3 |
| be paid to purses shall be paid to purses
for |
4 |
| thoroughbred races.
|
5 |
| (11) (A) After payment of the privilege or pari-mutuel |
6 |
| tax, any other
applicable
taxes, and
the costs and expenses |
7 |
| in connection with the gathering, transmission, and
|
8 |
| dissemination of all data necessary to the conduct of |
9 |
| inter-track wagering,
the remainder of the monies retained |
10 |
| under either Section 26 or Section 26.2
of this Act by the |
11 |
| inter-track wagering licensee on inter-track wagering
|
12 |
| shall be allocated with 50% to be split between the
2 |
13 |
| participating licensees and 50% to purses, except
that an |
14 |
| intertrack wagering licensee that derives its
license from |
15 |
| a track located in a county with a population in excess of |
16 |
| 230,000
and that borders the Mississippi River shall not |
17 |
| divide any remaining
retention with the Illinois |
18 |
| organization licensee that provides the race or
races, and |
19 |
| an intertrack wagering licensee that accepts wagers on |
20 |
| races
conducted by an organization licensee that conducts a |
21 |
| race meet in a county
with a population in excess of |
22 |
| 230,000 and that borders the Mississippi River
shall not |
23 |
| divide any remaining retention with that organization |
24 |
| licensee.
|
25 |
| (B) From the
sums permitted to be retained pursuant to |
26 |
| paragraph (10) of this subsection (h),
this Act each |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| inter-track wagering
location licensee shall pay the |
2 |
| following: |
3 |
| (i) the privilege or pari-mutuel tax to the
State; |
4 |
| (ii) the following percentages
4.75%
of the
|
5 |
| pari-mutuel handle on intertrack wagering at such |
6 |
| location on
races as purses, except that
an intertrack |
7 |
| wagering location licensee that derives its license |
8 |
| from a
track located in a county with a population in |
9 |
| excess of 230,000 and that
borders the Mississippi |
10 |
| River shall retain all purse moneys for its own purse
|
11 |
| account consistent with distribution set forth in this |
12 |
| subsection (h), and
intertrack wagering location |
13 |
| licensees that accept wagers on races
conducted
by an |
14 |
| organization licensee located in a county with a |
15 |
| population in excess of
230,000 and that borders the |
16 |
| Mississippi River shall distribute all purse
moneys to |
17 |
| purses at the operating host track : |
18 |
| (I) until 6 months after the organizational |
19 |
| licensee from which the inter-track wagering |
20 |
| location licensee derives its license begins |
21 |
| conducting electronic gaming, 4.75%; |
22 |
| (II) beginning 6 months after the |
23 |
| organizational licensee from which the inter-track |
24 |
| wagering location licensee derives its license |
25 |
| begins conducting electronic gaming and until 12 |
26 |
| months after that date, 5.75%; and |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| (III) beginning 12 months after the |
2 |
| organizational licensee from which the inter-track |
3 |
| wagering location licensee derives its license |
4 |
| begins conducting electronic gaming, 6.75% ; |
5 |
| (iii) until January 1, 2000,
except as
provided in
|
6 |
| subsection (g) of Section 27 of this Act, 1% of the
|
7 |
| pari-mutuel handle wagered on inter-track wagering and |
8 |
| simulcast wagering at
each inter-track wagering
|
9 |
| location licensee facility to the Horse Racing Tax |
10 |
| Allocation Fund, provided
that, to the extent the total |
11 |
| amount collected and distributed to the Horse
Racing |
12 |
| Tax Allocation Fund under this subsection (h) during |
13 |
| any calendar year
exceeds the amount collected and |
14 |
| distributed to the Horse Racing Tax Allocation
Fund |
15 |
| during calendar year 1994, that excess amount shall be |
16 |
| redistributed (I)
to all inter-track wagering location |
17 |
| licensees, based on each licensee's
pro-rata share of |
18 |
| the total handle from inter-track wagering and |
19 |
| simulcast
wagering for all inter-track wagering |
20 |
| location licensees during the calendar
year in which |
21 |
| this provision is applicable; then (II) the amounts |
22 |
| redistributed
to each inter-track wagering location |
23 |
| licensee as described in subpart (I)
shall be further |
24 |
| redistributed as provided in subparagraph (B) of |
25 |
| paragraph (5)
of subsection (g) of this Section 26 |
26 |
| provided first, that the shares of those
amounts, which |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| are to be redistributed to the host track or to purses |
2 |
| at the
host track under subparagraph (B) of paragraph |
3 |
| (5) of subsection (g) of this
Section 26 shall be
|
4 |
| redistributed based on each host track's pro rata share |
5 |
| of the total
inter-track
wagering and simulcast |
6 |
| wagering handle at all host tracks during the calendar
|
7 |
| year in question, and second, that any amounts |
8 |
| redistributed as described in
part (I) to an |
9 |
| inter-track wagering location licensee that accepts
|
10 |
| wagers on races conducted by an organization licensee |
11 |
| that conducts a race meet
in a county with a population |
12 |
| in excess of 230,000 and that borders the
Mississippi |
13 |
| River shall be further redistributed as provided in |
14 |
| subparagraphs
(D) and (E) of paragraph (7) of |
15 |
| subsection (g) of this Section 26, with the
portion of |
16 |
| that
further redistribution allocated to purses at |
17 |
| that organization licensee to be
divided between |
18 |
| standardbred purses and thoroughbred purses based on |
19 |
| the
amounts otherwise allocated to purses at that |
20 |
| organization licensee during the
calendar year in |
21 |
| question; and |
22 |
| (iv) the following percentages
8% of the |
23 |
| pari-mutuel handle on
inter-track wagering wagered at
|
24 |
| such location to satisfy all costs and expenses of |
25 |
| conducting its wagering. The
remainder of the monies |
26 |
| retained by the inter-track wagering location licensee
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| shall be allocated 40% to the location licensee and 60% |
2 |
| to the organization
licensee which provides the |
3 |
| Illinois races to the location, except that an
|
4 |
| intertrack wagering location
licensee that derives its |
5 |
| license from a track located in a county with a
|
6 |
| population in excess of 230,000 and that borders the |
7 |
| Mississippi River shall
not divide any remaining |
8 |
| retention with the organization licensee that provides
|
9 |
| the race or races and an intertrack wagering location |
10 |
| licensee that accepts
wagers on races conducted by an |
11 |
| organization licensee that conducts a race meet
in a |
12 |
| county with a population in excess of 230,000 and that |
13 |
| borders the
Mississippi River shall not divide any |
14 |
| remaining retention with the
organization licensee : |
15 |
| (I) until 6 months after the organizational |
16 |
| licensee from which the inter-track wagering |
17 |
| location licensee derives its license begins |
18 |
| conducting electronic gaming, 8%; |
19 |
| (II) beginning 6 months after the |
20 |
| organizational licensee from which the inter-track |
21 |
| wagering location licensee derives its license |
22 |
| begins conducting electronic gaming and until 12 |
23 |
| months after that date, 7.5%; and |
24 |
| (III) beginning 12 months after the |
25 |
| organizational licensee from which the inter-track |
26 |
| wagering location licensee derives its license |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| begins conducting electronic gaming, 6.75% .
|
2 |
| Notwithstanding the provisions of clauses (ii) and |
3 |
| (iv) of this
paragraph, in the case of the additional |
4 |
| inter-track wagering location licenses
authorized under |
5 |
| paragraph (1) of this subsection (h) by this amendatory
Act |
6 |
| of 1991, those licensees shall pay the percentage of the |
7 |
| pari-mutuel handle required under clause (ii) of this |
8 |
| paragraph (B)
following amounts as purses . The
:
during the |
9 |
| first 12 months the licensee is in operation, 5.25% of
the
|
10 |
| pari-mutuel handle wagered at the location on races; during |
11 |
| the second 12
months, 5.25%; during the third 12 months, |
12 |
| 5.75%;
during
the fourth 12 months,
6.25%; and during the |
13 |
| fifth 12 months and thereafter, 6.75%. The
following |
14 |
| amounts shall be retained by the licensee shall retain the |
15 |
| percentage of the pari-mutuel handle required under clause |
16 |
| (iv) of this paragraph (B) to satisfy all costs
and |
17 |
| expenses of conducting its wagering : during the first 12 |
18 |
| months the
licensee is in operation, 8.25% of the |
19 |
| pari-mutuel handle wagered
at the
location; during the |
20 |
| second 12 months, 8.25%; during the third 12 months,
7.75%; |
21 |
| during the fourth 12 months, 7.25%; and during the fifth 12 |
22 |
| months and
thereafter, 6.75% . For additional intertrack |
23 |
| wagering location licensees
authorized under Public Act |
24 |
| 89-16, after all taxes are paid, of the remainder, 50% |
25 |
| shall be retained by the licensee and 50% shall be paid to |
26 |
| purses.
this amendatory Act of 1995, purses for the first |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| 12 months
the licensee is in operation shall be 5.75% of |
2 |
| the pari-mutuel wagered at the
location, purses for the |
3 |
| second 12 months the licensee is in operation shall be
|
4 |
| 6.25%, and purses thereafter shall be 6.75%. For additional |
5 |
| intertrack
location licensees authorized under this |
6 |
| amendatory Act of 1995, the licensee
shall be allowed to |
7 |
| retain to satisfy all costs and expenses: 7.75% of the
|
8 |
| pari-mutuel handle wagered at the location during its first |
9 |
| 12 months of
operation, 7.25% during its second 12 months |
10 |
| of operation, and 6.75%
thereafter.
|
11 |
| (C) There is hereby created the Horse Racing Tax |
12 |
| Allocation Fund
which shall remain in existence until |
13 |
| December 31, 1999. Moneys
remaining in the Fund after |
14 |
| December 31, 1999
shall be paid into the
General Revenue |
15 |
| Fund. Until January 1, 2000,
all monies paid into the Horse |
16 |
| Racing Tax Allocation Fund pursuant to this
paragraph (11) |
17 |
| by inter-track wagering location licensees located in park
|
18 |
| districts of 500,000 population or less, or in a |
19 |
| municipality that is not
included within any park district |
20 |
| but is included within a conservation
district and is the |
21 |
| county seat of a county that (i) is contiguous to the state
|
22 |
| of Indiana and (ii) has a 1990 population of 88,257 |
23 |
| according to the United
States Bureau of the Census, and |
24 |
| operating on May 1, 1994 shall be
allocated by |
25 |
| appropriation as follows:
|
26 |
| Two-sevenths to the Department of Agriculture. |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| Fifty percent of
this two-sevenths shall be used to |
2 |
| promote the Illinois horse racing and
breeding |
3 |
| industry, and shall be distributed by the Department of |
4 |
| Agriculture
upon the advice of a 9-member committee |
5 |
| appointed by the Governor consisting of
the following |
6 |
| members: the Director of Agriculture, who shall serve |
7 |
| as
chairman; 2 representatives of organization |
8 |
| licensees conducting thoroughbred
race meetings in |
9 |
| this State, recommended by those licensees; 2 |
10 |
| representatives
of organization licensees conducting |
11 |
| standardbred race meetings in this State,
recommended |
12 |
| by those licensees; a representative of the Illinois
|
13 |
| Thoroughbred Breeders and Owners Foundation, |
14 |
| recommended by that
Foundation; a representative of |
15 |
| the Illinois Standardbred Owners and
Breeders |
16 |
| Association, recommended
by that Association; a |
17 |
| representative of
the Horsemen's Benevolent and |
18 |
| Protective Association or any successor
organization |
19 |
| thereto established in Illinois comprised of the |
20 |
| largest number of
owners and trainers, recommended by |
21 |
| that
Association or that successor organization; and a
|
22 |
| representative of the Illinois Harness Horsemen's
|
23 |
| Association, recommended by that Association. |
24 |
| Committee members shall
serve for terms of 2 years, |
25 |
| commencing January 1 of each even-numbered
year. If a |
26 |
| representative of any of the above-named entities has |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| not been
recommended by January 1 of any even-numbered |
2 |
| year, the Governor shall
appoint a committee member to |
3 |
| fill that position. Committee members shall
receive no |
4 |
| compensation for their services as members but shall be
|
5 |
| reimbursed for all actual and necessary expenses and |
6 |
| disbursements incurred
in the performance of their |
7 |
| official duties. The remaining 50% of this
|
8 |
| two-sevenths shall be distributed to county fairs for |
9 |
| premiums and
rehabilitation as set forth in the |
10 |
| Agricultural Fair Act;
|
11 |
| Four-sevenths to park districts or municipalities |
12 |
| that do not have a
park district of 500,000 population |
13 |
| or less for museum purposes (if an
inter-track wagering |
14 |
| location licensee is located in such a park district) |
15 |
| or
to conservation districts for museum purposes (if an |
16 |
| inter-track wagering
location licensee is located in a |
17 |
| municipality that is not included within any
park |
18 |
| district but is included within a conservation |
19 |
| district and is the county
seat of a county that (i) is |
20 |
| contiguous to the state of Indiana and (ii) has a
1990 |
21 |
| population of 88,257 according to the United States |
22 |
| Bureau of the Census,
except that if the conservation |
23 |
| district does not maintain a museum, the monies
shall |
24 |
| be allocated equally between the county and the |
25 |
| municipality in which the
inter-track wagering |
26 |
| location licensee is located for general purposes) or |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| to a
municipal recreation board for park purposes (if |
2 |
| an inter-track wagering
location licensee is located |
3 |
| in a municipality that is not included within any
park |
4 |
| district and park maintenance is the function of the |
5 |
| municipal recreation
board and the municipality has a |
6 |
| 1990 population of 9,302 according to the
United States |
7 |
| Bureau of the Census); provided that the monies are |
8 |
| distributed
to each park district or conservation |
9 |
| district or municipality that does not
have a park |
10 |
| district in an amount equal to four-sevenths of the |
11 |
| amount
collected by each inter-track wagering location |
12 |
| licensee within the park
district or conservation |
13 |
| district or municipality for the Fund. Monies that
were |
14 |
| paid into the Horse Racing Tax Allocation Fund before |
15 |
| the effective date
of this amendatory Act of 1991 by an |
16 |
| inter-track wagering location licensee
located in a |
17 |
| municipality that is not included within any park |
18 |
| district but is
included within a conservation |
19 |
| district as provided in this paragraph shall, as
soon |
20 |
| as practicable after the effective date of this |
21 |
| amendatory Act of 1991, be
allocated and paid to that |
22 |
| conservation district as provided in this paragraph.
|
23 |
| Any park district or municipality not maintaining a |
24 |
| museum may deposit the
monies in the corporate fund of |
25 |
| the park district or municipality where the
|
26 |
| inter-track wagering location is located, to be used |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| for general purposes;
and
|
2 |
| One-seventh to the Agricultural Premium Fund to be |
3 |
| used for distribution
to agricultural home economics |
4 |
| extension councils in accordance with "An
Act in |
5 |
| relation to additional support and finances for the |
6 |
| Agricultural and
Home Economic Extension Councils in |
7 |
| the several counties of this State and
making an |
8 |
| appropriation therefor", approved July 24, 1967.
|
9 |
| Until January 1, 2000, all other
monies paid into the |
10 |
| Horse Racing Tax
Allocation Fund pursuant to
this paragraph |
11 |
| (11) shall be allocated by appropriation as follows:
|
12 |
| Two-sevenths to the Department of Agriculture. |
13 |
| Fifty percent of this
two-sevenths shall be used to |
14 |
| promote the Illinois horse racing and breeding
|
15 |
| industry, and shall be distributed by the Department of |
16 |
| Agriculture upon the
advice of a 9-member committee |
17 |
| appointed by the Governor consisting of the
following |
18 |
| members: the Director of Agriculture, who shall serve |
19 |
| as chairman; 2
representatives of organization |
20 |
| licensees conducting thoroughbred race meetings
in |
21 |
| this State, recommended by those licensees; 2 |
22 |
| representatives of
organization licensees conducting |
23 |
| standardbred race meetings in this State,
recommended |
24 |
| by those licensees; a representative of the Illinois |
25 |
| Thoroughbred
Breeders and Owners Foundation, |
26 |
| recommended by that Foundation; a
representative of |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| the Illinois Standardbred Owners and Breeders |
2 |
| Association,
recommended by that Association; a |
3 |
| representative of the Horsemen's Benevolent
and |
4 |
| Protective Association or any successor organization |
5 |
| thereto established
in Illinois comprised of the |
6 |
| largest number of owners and trainers,
recommended by |
7 |
| that Association or that successor organization; and a
|
8 |
| representative of the Illinois Harness Horsemen's |
9 |
| Association, recommended by
that Association. |
10 |
| Committee members shall serve for terms of 2 years,
|
11 |
| commencing January 1 of each even-numbered year. If a |
12 |
| representative of any of
the above-named entities has |
13 |
| not been recommended by January 1 of any
even-numbered |
14 |
| year, the Governor shall appoint a committee member to |
15 |
| fill that
position. Committee members shall receive no |
16 |
| compensation for their services
as members but shall be |
17 |
| reimbursed for all actual and necessary expenses and
|
18 |
| disbursements incurred in the performance of their |
19 |
| official duties. The
remaining 50% of this |
20 |
| two-sevenths shall be distributed to county fairs for
|
21 |
| premiums and rehabilitation as set forth in the |
22 |
| Agricultural Fair Act;
|
23 |
| Four-sevenths to museums and aquariums located in |
24 |
| park districts of over
500,000 population; provided |
25 |
| that the monies are distributed in accordance with
the |
26 |
| previous year's distribution of the maintenance tax |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| for such museums and
aquariums as provided in Section 2 |
2 |
| of the Park District Aquarium and Museum
Act; and
|
3 |
| One-seventh to the Agricultural Premium Fund to be |
4 |
| used for distribution
to agricultural home economics |
5 |
| extension councils in accordance with "An Act
in |
6 |
| relation to additional support and finances for the |
7 |
| Agricultural and
Home Economic Extension Councils in |
8 |
| the several counties of this State and
making an |
9 |
| appropriation therefor", approved July 24, 1967.
This |
10 |
| subparagraph (C) shall be inoperative and of no force |
11 |
| and effect on and
after January 1, 2000.
|
12 |
| (D) Except as provided in paragraph (11) of this |
13 |
| subsection (h),
with respect to purse allocation from |
14 |
| intertrack wagering, the monies so
retained shall be |
15 |
| divided as follows:
|
16 |
| (i) If the inter-track wagering licensee, |
17 |
| except an intertrack
wagering licensee that |
18 |
| derives its license from an organization
licensee |
19 |
| located in a county with a population in excess of |
20 |
| 230,000 and bounded
by the Mississippi River, is |
21 |
| not conducting its own
race meeting during the same |
22 |
| dates, then the entire purse allocation shall be
to |
23 |
| purses at the track where the races wagered on are |
24 |
| being conducted.
|
25 |
| (ii) If the inter-track wagering licensee, |
26 |
| except an intertrack
wagering licensee that |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| derives its license from an organization
licensee |
2 |
| located in a county with a population in excess of |
3 |
| 230,000 and bounded
by the Mississippi River, is |
4 |
| also
conducting its own
race meeting during the |
5 |
| same dates, then the purse allocation shall be as
|
6 |
| follows: 50% to purses at the track where the races |
7 |
| wagered on are
being conducted; 50% to purses at |
8 |
| the track where the inter-track
wagering licensee |
9 |
| is accepting such wagers.
|
10 |
| (iii) If the inter-track wagering is being |
11 |
| conducted by an inter-track
wagering location |
12 |
| licensee, except an intertrack wagering location |
13 |
| licensee
that derives its license from an |
14 |
| organization licensee located in a
county with a |
15 |
| population in excess of 230,000 and bounded by the |
16 |
| Mississippi
River, the entire purse allocation for |
17 |
| Illinois races shall
be to purses at the track |
18 |
| where the race meeting being wagered on is being
|
19 |
| held.
|
20 |
| (12) The Board shall have all powers necessary and |
21 |
| proper to fully
supervise and control the conduct of
|
22 |
| inter-track wagering and simulcast
wagering by inter-track |
23 |
| wagering licensees and inter-track wagering location
|
24 |
| licensees, including, but not
limited to the following:
|
25 |
| (A) The Board is vested with power to promulgate |
26 |
| reasonable rules and
regulations for the purpose of |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| administering the
conduct of this
wagering and to |
2 |
| prescribe reasonable rules, regulations and conditions |
3 |
| under
which such wagering shall be held and conducted. |
4 |
| Such rules and regulations
are to provide for the |
5 |
| prevention of practices detrimental to the public
|
6 |
| interest and for
the best interests of said wagering |
7 |
| and to impose penalties
for violations thereof.
|
8 |
| (B) The Board, and any person or persons to whom it |
9 |
| delegates this
power, is vested with the power to enter |
10 |
| the
facilities of any licensee to determine whether |
11 |
| there has been
compliance with the provisions of this |
12 |
| Act and the rules and regulations
relating to the |
13 |
| conduct of such wagering.
|
14 |
| (C) The Board, and any person or persons to whom it |
15 |
| delegates this
power, may eject or exclude from any |
16 |
| licensee's facilities, any person whose
conduct or |
17 |
| reputation
is such that his presence on such premises |
18 |
| may, in the opinion of the Board,
call into the |
19 |
| question the honesty and integrity of, or interfere |
20 |
| with the
orderly conduct of such wagering; provided, |
21 |
| however, that no person shall
be excluded or ejected |
22 |
| from such premises solely on the grounds of race,
|
23 |
| color, creed, national origin, ancestry, or sex.
|
24 |
| (D) (Blank).
|
25 |
| (E) The Board is vested with the power to appoint |
26 |
| delegates to execute
any of the powers granted to it |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| under this Section for the purpose of
administering |
2 |
| this wagering and any
rules and
regulations
|
3 |
| promulgated in accordance with this Act.
|
4 |
| (F) The Board shall name and appoint a State |
5 |
| director of this wagering
who shall be a representative |
6 |
| of the Board and whose
duty it shall
be to supervise |
7 |
| the conduct of inter-track wagering as may be provided |
8 |
| for
by the rules and regulations of the Board; such |
9 |
| rules and regulation shall
specify the method of |
10 |
| appointment and the Director's powers, authority and
|
11 |
| duties.
|
12 |
| (G) The Board is vested with the power to impose |
13 |
| civil penalties of up
to $5,000 against individuals and |
14 |
| up to $10,000 against
licensees for each violation of |
15 |
| any provision of
this Act relating to the conduct of |
16 |
| this wagering, any
rules adopted
by the Board, any |
17 |
| order of the Board or any other action which in the |
18 |
| Board's
discretion, is a detriment or impediment to |
19 |
| such wagering.
|
20 |
| (13) The Department of Agriculture may enter into |
21 |
| agreements with
licensees authorizing such licensees to |
22 |
| conduct inter-track
wagering on races to be held at the |
23 |
| licensed race meetings conducted by the
Department of |
24 |
| Agriculture. Such
agreement shall specify the races of the |
25 |
| Department of Agriculture's
licensed race meeting upon |
26 |
| which the licensees will conduct wagering. In the
event |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| that a licensee
conducts inter-track pari-mutuel wagering |
2 |
| on races from the Illinois State Fair
or DuQuoin State Fair |
3 |
| which are in addition to the licensee's previously
approved |
4 |
| racing program, those races shall be considered a separate |
5 |
| racing day
for the
purpose of determining the daily handle |
6 |
| and computing the privilege or
pari-mutuel tax on
that |
7 |
| daily handle as provided in Sections 27
and 27.1. Such
|
8 |
| agreements shall be approved by the Board before such |
9 |
| wagering may be
conducted. In determining whether to grant |
10 |
| approval, the Board shall give
due consideration to the |
11 |
| best interests of the public and of horse racing.
The |
12 |
| provisions of paragraphs (1), (8), (8.1), and (8.2) of
|
13 |
| subsection (h) of this
Section which are not specified in |
14 |
| this paragraph (13) shall not apply to
licensed race |
15 |
| meetings conducted by the Department of Agriculture at the
|
16 |
| Illinois State Fair in Sangamon County or the DuQuoin State |
17 |
| Fair in Perry
County, or to any wagering conducted on
those |
18 |
| race meetings.
|
19 |
| (i) Notwithstanding the other provisions of this Act, the |
20 |
| conduct of
wagering at wagering facilities is authorized on all |
21 |
| days, except as limited by
subsection (b) of Section 19 of this |
22 |
| Act.
|
23 |
| (Source: P.A. 91-40, eff. 6-25-99; 92-211, eff. 8-2-01.)
|
24 |
| (230 ILCS 5/26.1)
(from Ch. 8, par. 37-26.1)
|
25 |
| Sec. 26.1. For all pari-mutuel wagering conducted pursuant |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| to this Act,
breakage shall be at all times computed on the |
2 |
| basis of not to exceed 10¢ on
the dollar. If there is a minus |
3 |
| pool, the breakage shall be computed on the
basis of not to |
4 |
| exceed 5¢ on the dollar. Breakage shall be calculated only
|
5 |
| after the amounts retained by licensees pursuant to Sections 26 |
6 |
| and 26.2 of
this Act, and all applicable surcharges, are taken |
7 |
| out of winning wagers and
winnings from wagers. From
Beginning
|
8 |
| January 1, 2000 until the first day electronic gaming is |
9 |
| conducted by an organization licensee , all breakage shall be |
10 |
| retained by licensees, with 50% of breakage to be
used by |
11 |
| licensees for racetrack improvements at the racetrack from |
12 |
| which the
wagering facility derives its license. The remaining |
13 |
| 50% is to be allocated
50% to the purse account for the |
14 |
| licensee from which the wagering facility
derives its license |
15 |
| and 50% to the licensee. Beginning on the first day electronic |
16 |
| gaming is conducted by an organization licensee, all
breakage |
17 |
| shall be retained by licensees, with 50% of breakage to be used |
18 |
| by
licensees for racetrack improvements at the racetrack from |
19 |
| which the wagering
facility derives its license. The remaining |
20 |
| 50% is to be allocated to the
purse account for the licensee |
21 |
| from which the wagering facility derives its
license.
|
22 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
23 |
| (230 ILCS 5/27) (from Ch. 8, par. 37-27)
|
24 |
| Sec. 27. (a) Beginning on the date an organization licensee |
25 |
| begins conducting electronic gaming pursuant to an electronic |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| gaming license, the following pari-mutuel tax is imposed upon |
2 |
| an organization licensee on Illinois races at that licensee's |
3 |
| race track as follows: |
4 |
| 1.5% of the pari-mutuel handle at or below the average |
5 |
| daily pari-mutuel handle for 2007. |
6 |
| 2% of the pari-mutuel handle above the average daily |
7 |
| pari-mutuel handle for 2007 up to 125% of the average daily |
8 |
| pari-mutuel handle for 2007. |
9 |
| 2.5% of the pari-mutuel handle 125% or more above the |
10 |
| average daily pari-mutuel handle for 2007 up to 150% of the |
11 |
| average daily pari-mutuel handle for 2007. |
12 |
| 3% of the pari-mutuel handle 150% or more above the |
13 |
| average daily pari-mutuel handle for 2007 up to 175% of the |
14 |
| average daily pari-mutuel handle for 2007. |
15 |
| 3.5% of the pari-mutuel handle 175% or more above the |
16 |
| average daily pari-mutuel handle for 2007. |
17 |
| The pari-mutuel tax imposed by this subsection (a) shall be |
18 |
| remitted to the Board within 48 hours after the close of the |
19 |
| racing day upon which it is assessed or within such other time |
20 |
| as the Board prescribes. In addition to the organization |
21 |
| license fee provided
by this Act, until January 1, 2000, a
|
22 |
| graduated privilege tax is hereby
imposed for conducting
the |
23 |
| pari-mutuel system of wagering permitted under this
Act. Until |
24 |
| January 1, 2000, except as provided in subsection (g) of
|
25 |
| Section 27 of this Act, all of
the breakage of each racing day |
26 |
| held by any licensee in the State shall be paid
to the State.
|
|
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| Until January 1, 2000, such daily graduated privilege tax shall |
2 |
| be paid by
the
licensee from the amount permitted to be |
3 |
| retained under this Act.
Until January 1, 2000, each day's
|
4 |
| graduated privilege tax, breakage, and Horse Racing Tax |
5 |
| Allocation
funds shall be remitted to the Department of Revenue |
6 |
| within 48 hours after the
close of the racing day upon which it |
7 |
| is assessed or within such other time as
the Board prescribes. |
8 |
| The privilege tax hereby imposed, until January
1, 2000, shall |
9 |
| be a flat tax at
the rate of 2% of the daily pari-mutuel handle |
10 |
| except as provided in Section
27.1.
|
11 |
| In addition, every organization licensee, except as
|
12 |
| provided in Section 27.1 of this Act, which conducts multiple
|
13 |
| wagering shall pay, until January 1, 2000,
as a privilege tax |
14 |
| on multiple
wagers an amount
equal to 1.25% of all moneys |
15 |
| wagered each day on such multiple wagers,
plus an additional |
16 |
| amount equal to 3.5% of the amount wagered each day on any
|
17 |
| other multiple wager which involves a single
betting interest |
18 |
| on 3 or more horses. The licensee shall remit the amount of
|
19 |
| such taxes to the Department of Revenue within 48 hours after |
20 |
| the close of
the racing day on which it is assessed or within |
21 |
| such other time as the Board
prescribes.
|
22 |
| This subsection (a) shall be inoperative and of no force |
23 |
| and effect on and
after January 1, 2000.
|
24 |
| (a-5) Except as provided in this subsection (a-5) and |
25 |
| subsection (a) of this Section, Beginning on January 1, 2000, a
|
26 |
| flat
pari-mutuel tax at the rate of 1.5% of
the daily
|
|
|
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09500HB2651sam003 |
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| pari-mutuel handle is imposed on at all pari-mutuel wagering |
2 |
| facilities, except as otherwise provided for in this subsection |
3 |
| (a-5) . Until an organization licensee located in a county that |
4 |
| borders the Mississippi River and conducted live racing in the |
5 |
| previous year begins conducting electronic gaming pursuant an |
6 |
| electronic gaming license Beginning on the effective date of |
7 |
| this amendatory Act of the 94th General Assembly and until |
8 |
| moneys deposited pursuant to Section 54 are distributed and |
9 |
| received , a pari-mutuel tax at the rate of 0.25% of the daily |
10 |
| pari-mutuel handle is imposed on at a pari-mutuel wagering |
11 |
| conducted by that licensee facility whose license is derived |
12 |
| from a track located in a county that borders the Mississippi |
13 |
| River and conducted live racing in the previous year . When an |
14 |
| organization licensee located in a county that borders the |
15 |
| Mississippi River and conducted live racing in the previous |
16 |
| year begins conducting electronic gaming pursuant an |
17 |
| electronic gaming license After moneys deposited pursuant to |
18 |
| Section 54 are distributed and received , a pari-mutuel tax at |
19 |
| the rate of 1.5% of the daily pari-mutuel handle is imposed on |
20 |
| at a pari-mutuel wagering conducted by that licensee facility |
21 |
| whose license is derived from a track located in a county that |
22 |
| borders the Mississippi River and conducted live racing in the |
23 |
| previous year . The pari-mutuel tax imposed by this subsection |
24 |
| (a-5)
shall be remitted to the Department of
Revenue within 48 |
25 |
| hours after the close of the racing day upon which it is
|
26 |
| assessed or within such other time as the Board prescribes.
|
|
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09500HB2651sam003 |
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|
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| (b) On or before December 31, 1999, in
the event that any |
2 |
| organization
licensee conducts
2 separate programs
of races on |
3 |
| any day, each such program shall be considered a separate
|
4 |
| racing day for purposes of determining the daily handle and |
5 |
| computing
the privilege tax on such daily handle as provided in |
6 |
| subsection (a) of
this Section.
|
7 |
| (c) Licensees shall at all times keep accurate
books
and |
8 |
| records of all monies wagered on each day of a race meeting and |
9 |
| of
the taxes paid to the Department of Revenue under the |
10 |
| provisions of this
Section. The Board or its duly authorized |
11 |
| representative or
representatives shall at all reasonable |
12 |
| times have access to such
records for the purpose of examining |
13 |
| and checking the same and
ascertaining whether the proper |
14 |
| amount of taxes is being paid as
provided. The Board shall |
15 |
| require verified reports and a statement of
the total of all |
16 |
| monies wagered daily at each wagering facility upon which
the |
17 |
| taxes are assessed and may prescribe forms upon which such |
18 |
| reports
and statement shall be made.
|
19 |
| (d) Any licensee failing or refusing to pay the amount
of |
20 |
| any tax due under this Section shall be guilty of a business |
21 |
| offense
and upon conviction shall be fined not more than $5,000 |
22 |
| in addition to
the amount found due as tax under this Section. |
23 |
| Each day's violation
shall constitute a separate offense. All |
24 |
| fines paid into Court by a licensee hereunder shall be |
25 |
| transmitted and paid over by
the Clerk of the Court to the |
26 |
| Board.
|
|
|
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09500HB2651sam003 |
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|
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| (e) No other license fee, privilege tax, excise tax, or
|
2 |
| racing fee, except as provided in this Act, shall be assessed |
3 |
| or
collected from any such licensee by the State.
|
4 |
| (f) No other license fee, privilege tax, excise tax or |
5 |
| racing fee shall be
assessed or collected from any such |
6 |
| licensee by units of local government
except as provided in |
7 |
| paragraph 10.1 of subsection (h) and subsection (f) of
Section |
8 |
| 26 of this Act. However, any municipality that has a Board |
9 |
| licensed
horse race meeting at a race track wholly within its |
10 |
| corporate boundaries or a
township that has a Board licensed |
11 |
| horse race meeting at a race track wholly
within the |
12 |
| unincorporated area of the township may charge a local
|
13 |
| amusement tax not to exceed 10¢ per admission to such horse |
14 |
| race meeting
by the enactment of an ordinance. However, any |
15 |
| municipality or county
that has a Board licensed inter-track |
16 |
| wagering location facility wholly
within its corporate |
17 |
| boundaries may each impose an admission fee not
to exceed $1.00 |
18 |
| per admission to such inter-track wagering location facility,
|
19 |
| so that a total of not more than $2.00 per admission may be |
20 |
| imposed.
Except as provided in subparagraph (g) of Section 27 |
21 |
| of this Act, the
inter-track wagering location licensee shall |
22 |
| collect any and all such fees
and within 48 hours remit the |
23 |
| fees to the Board, which shall, pursuant to
rule, cause the |
24 |
| fees to be distributed to the county or municipality.
|
25 |
| (g) Notwithstanding any provision in this Act to the |
26 |
| contrary, if in any
calendar year the total taxes and fees from |
|
|
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09500HB2651sam003 |
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|
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| wagering on live racing and from
inter-track wagering required |
2 |
| to be collected from
licensees and distributed under this Act |
3 |
| to all State and local governmental
authorities exceeds the |
4 |
| amount of such taxes and fees distributed to each State
and |
5 |
| local governmental authority to which each State and local |
6 |
| governmental
authority was entitled under this Act for calendar |
7 |
| year 1994, then the first
$11 million of that excess amount |
8 |
| shall be allocated at the earliest possible
date for |
9 |
| distribution as purse money for the succeeding calendar year.
|
10 |
| Upon reaching the 1994 level, and until the excess amount of |
11 |
| taxes and fees
exceeds $11 million, the Board shall direct all |
12 |
| licensees to cease paying the
subject taxes and fees and the |
13 |
| Board shall direct all licensees to allocate any such excess |
14 |
| amount for purses as
follows:
|
15 |
| (i) the excess amount shall be initially divided |
16 |
| between thoroughbred and
standardbred purses based on the |
17 |
| thoroughbred's and standardbred's respective
percentages |
18 |
| of total Illinois live wagering in calendar year 1994;
|
19 |
| (ii) each thoroughbred and standardbred organization |
20 |
| licensee issued an
organization licensee in that |
21 |
| succeeding allocation year shall
be
allocated an amount |
22 |
| equal to the product of its percentage of total
Illinois
|
23 |
| live thoroughbred or standardbred wagering in calendar |
24 |
| year 1994 (the total to
be determined based on the sum of |
25 |
| 1994 on-track wagering for all organization
licensees |
26 |
| issued organization licenses in both the allocation year |
|
|
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09500HB2651sam003 |
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|
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| and the
preceding year) multiplied by
the total amount |
2 |
| allocated for standardbred or thoroughbred purses, |
3 |
| provided
that the first $1,500,000 of the amount allocated |
4 |
| to standardbred
purses under item (i) shall be allocated to |
5 |
| the Department of
Agriculture to be expended with the |
6 |
| assistance and advice of the Illinois
Standardbred |
7 |
| Breeders Funds Advisory Board for the purposes listed in
|
8 |
| subsection (g) of Section 31 of this Act, before the amount |
9 |
| allocated to
standardbred purses under item (i) is |
10 |
| allocated to standardbred
organization licensees in the |
11 |
| succeeding allocation year.
|
12 |
| To the extent the excess amount of taxes and fees to be |
13 |
| collected and
distributed to State and local governmental |
14 |
| authorities exceeds $11 million,
that excess amount shall be |
15 |
| collected and distributed to State and local
authorities as |
16 |
| provided for under this Act.
|
17 |
| (Source: P.A. 94-805, eff. 5-26-06.)
|
18 |
| (230 ILCS 5/28.1)
|
19 |
| Sec. 28.1. Payments.
|
20 |
| (a) Beginning on January 1, 2000, moneys collected by the |
21 |
| Department of
Revenue and the Racing Board pursuant to Section |
22 |
| 26 or Section 27
of this Act shall be deposited into the Horse |
23 |
| Racing Fund, which is hereby
created as a non-appropriated |
24 |
| trust special fund in the State Treasury.
|
25 |
| The Horse Racing Fund shall not be subject to sweeps, |
|
|
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09500HB2651sam003 |
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|
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| administrative charges, or charge backs, including, but not
|
2 |
| limited to, those authorized under Section 8h of the State |
3 |
| Finance Act, or any other fiscal or budgetary maneuver that
|
4 |
| would in any way transfer any funds from the Horse Racing Fund |
5 |
| into any other
fund of the State, except as provided in |
6 |
| subsection (c). |
7 |
| (b) Appropriations, as approved by the General
Assembly, |
8 |
| may be made from
the Horse Racing Fund to the Board to pay the
|
9 |
| salaries of the Board members, secretary, stewards,
directors |
10 |
| of mutuels, veterinarians, representatives, accountants,
|
11 |
| clerks, stenographers, inspectors and other employees of the |
12 |
| Board, and
all expenses of the Board incident to the |
13 |
| administration of this Act,
including, but not limited to, all |
14 |
| expenses and salaries incident to the
taking of saliva and |
15 |
| urine samples in accordance with the rules and
regulations of |
16 |
| the Board.
|
17 |
| (c) Beginning on January 1, 2000, the Board shall
transfer |
18 |
| the remainder of the funds
generated pursuant to Sections 26 |
19 |
| and 27 from the Horse Racing Fund into the
General Revenue |
20 |
| Fund.
|
21 |
| (d) Beginning January 1, 2000, payments to all programs in |
22 |
| existence on the
effective date of this amendatory Act of 1999 |
23 |
| that are identified in Sections
26(c), 26(f), 26(h)(11)(C), and |
24 |
| 28, subsections (a), (b), (c), (d), (e), (f),
(g), and (h) of |
25 |
| Section 30, and subsections (a), (b), (c), (d), (e), (f), (g),
|
26 |
| and (h) of Section 31 shall be made from the General Revenue |
|
|
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09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| Fund at the
funding levels determined by amounts paid under |
2 |
| this Act in calendar year
1998. Beginning on the effective date |
3 |
| of this amendatory Act of the 93rd General Assembly, payments |
4 |
| to the Peoria Park District shall be made from the General |
5 |
| Revenue Fund at the funding level determined by amounts paid to |
6 |
| that park district for museum purposes under this Act in |
7 |
| calendar year 1994. Beginning on the effective date of this |
8 |
| amendatory Act of the 94th General Assembly, in lieu of |
9 |
| payments to the Champaign Park District for museum purposes, |
10 |
| payments to the Urbana Park District shall be made from the |
11 |
| General Revenue Fund at the funding level determined by amounts |
12 |
| paid to the Champaign Park District for museum purposes under |
13 |
| this Act in calendar year 2005.
|
14 |
| (e) Beginning July 1, 2006, the payment authorized under |
15 |
| subsection (d) to museums and aquariums located in park |
16 |
| districts of over 500,000 population shall be paid to museums, |
17 |
| aquariums, and zoos in amounts determined by Museums in the |
18 |
| Park, an association of museums, aquariums, and zoos located on |
19 |
| Chicago Park District property.
|
20 |
| (f) Beginning July 1, 2007, the Children's Discovery Museum |
21 |
| in Normal, Illinois shall receive payments from the General |
22 |
| Revenue Fund at the funding level determined by the amounts |
23 |
| paid to the Miller Park Zoo in Bloomington, Illinois under this |
24 |
| Section in calendar year 2006.
|
25 |
| (g) Notwithstanding any other provision of this Act to the |
26 |
| contrary,
moneys paid into the Illinois Colt Stakes |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| Distribution Fund may be distributed by the Department of |
2 |
| Agriculture to
Illinois county fairs to supplement premiums |
3 |
| offered in junior classes. |
4 |
| (Source: P.A. 94-813, eff. 5-26-06; 95-222, eff. 8-16-07.)
|
5 |
| (230 ILCS 5/30)
(from Ch. 8, par. 37-30)
|
6 |
| Sec. 30. (a) The General Assembly declares that it is the |
7 |
| policy of
this State to encourage the breeding of thoroughbred |
8 |
| horses in this
State and the ownership of such horses by |
9 |
| residents of this State in
order to provide for: sufficient |
10 |
| numbers of high quality thoroughbred
horses to participate in |
11 |
| thoroughbred racing meetings in this State,
and to establish |
12 |
| and preserve the agricultural and commercial benefits
of such |
13 |
| breeding and racing industries to the State of Illinois. It is
|
14 |
| the intent of the General Assembly to further this policy by |
15 |
| the
provisions of this Act.
|
16 |
| (b) Each organization licensee conducting a thoroughbred |
17 |
| racing meeting
pursuant to this Act shall provide at least two |
18 |
| races each day limited to
Illinois conceived and foaled horses |
19 |
| or Illinois foaled horses or both. A
minimum of 6 races shall |
20 |
| be conducted each week limited to Illinois conceived
and foaled |
21 |
| or Illinois foaled horses or both. Subject to the daily
|
22 |
| availability of horses, one of the 6 races scheduled per week |
23 |
| that are limited
to Illinois conceived and foaled or Illinois |
24 |
| foaled horses or both shall be
limited to Illinois conceived |
25 |
| and foaled or Illinois foaled maidens.
No horses shall be |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| permitted to start in such races unless duly registered
under |
2 |
| the rules of the Department of Agriculture.
|
3 |
| (c) Conditions of races under subsection (b) shall be |
4 |
| commensurate
with past performance, quality, and class of |
5 |
| Illinois conceived and foaled
and Illinois foaled horses
|
6 |
| available. If, however, sufficient competition cannot be had |
7 |
| among
horses of that class on any day, the races may, with |
8 |
| consent of the
Board, be eliminated for that day and substitute |
9 |
| races provided.
|
10 |
| (d) There is hereby created a non-appropriated trust |
11 |
| special fund of the State Treasury to be known
as the Illinois |
12 |
| Thoroughbred Breeders Fund.
|
13 |
| Except as provided in subsection (g) of Section 27 of this |
14 |
| Act, 8.5% of all
the monies received by the State as privilege |
15 |
| taxes on Thoroughbred racing
meetings shall be paid into the |
16 |
| Illinois Thoroughbred Breeders Fund.
The Illinois Thoroughbred |
17 |
| Breeders Fund shall not be subject to sweeps, administrative |
18 |
| charges, or charge backs, including, but not
limited to, those |
19 |
| authorized under Section 8h of the State Finance Act, or any |
20 |
| other fiscal or budgetary maneuver that
would in any way |
21 |
| transfer any funds from the Illinois Thoroughbred Breeders Fund |
22 |
| into any other
fund of the State.
|
23 |
| (e) The Illinois Thoroughbred Breeders Fund shall be |
24 |
| administered by
the Department of Agriculture
with the advice |
25 |
| and assistance of the
Advisory Board created in subsection (f) |
26 |
| of this Section.
|
|
|
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09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| (f) The Illinois Thoroughbred Breeders Fund Advisory Board |
2 |
| shall
consist of the Director of the Department of Agriculture, |
3 |
| who shall
serve as Chairman; a member of the Illinois Racing |
4 |
| Board, designated by
it; 2 representatives of the organization |
5 |
| licensees
conducting thoroughbred
racing meetings, recommended |
6 |
| by them; 2 representatives of the Illinois
Thoroughbred |
7 |
| Breeders and Owners Foundation, recommended by it; and 2
|
8 |
| representatives of the Horsemen's Benevolent Protective |
9 |
| Association or any
successor organization established in |
10 |
| Illinois comprised of the largest number
of owners and |
11 |
| trainers,
recommended
by it, with one representative of the |
12 |
| Horsemen's Benevolent and Protective
Association to come from |
13 |
| its Illinois Division, and one from its Chicago
Division. |
14 |
| Advisory Board members shall serve for 2 years commencing |
15 |
| January 1
of each odd numbered year. If representatives of the |
16 |
| organization licensees
conducting thoroughbred racing |
17 |
| meetings, the Illinois Thoroughbred Breeders and
Owners |
18 |
| Foundation, and the Horsemen's Benevolent Protection |
19 |
| Association have
not been recommended by January 1, of each odd |
20 |
| numbered year, the Director of
the Department of Agriculture |
21 |
| shall make an appointment for the organization
failing to so |
22 |
| recommend a member of the Advisory Board. Advisory Board |
23 |
| members
shall receive no compensation for their services as |
24 |
| members but shall be
reimbursed for all actual and necessary |
25 |
| expenses and disbursements incurred in
the execution of their |
26 |
| official duties.
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| (g)
Moneys in No monies shall be expended from the Illinois
|
2 |
| Thoroughbred Breeders Fund except as appropriated by the |
3 |
| General
Assembly. Monies
appropriated from the Illinois |
4 |
| Thoroughbred Breeders Fund shall be expended by
the Department |
5 |
| of Agriculture, with the advice and assistance of the Illinois
|
6 |
| Thoroughbred Breeders Fund Advisory Board, for the following |
7 |
| purposes only:
|
8 |
| (1) To provide purse supplements to owners of horses |
9 |
| participating
in races limited to Illinois conceived and |
10 |
| foaled and Illinois foaled
horses. Any such purse |
11 |
| supplements shall not be included in and shall
be paid in |
12 |
| addition to any purses, stakes, or breeders' awards offered
|
13 |
| by each organization licensee as determined by agreement |
14 |
| between such
organization licensee and an organization |
15 |
| representing the horsemen. No
monies from the Illinois |
16 |
| Thoroughbred Breeders Fund shall be used to provide
purse |
17 |
| supplements for claiming races in which the minimum |
18 |
| claiming price is
less than $7,500.
|
19 |
| (2) To provide stakes and awards to be paid to the |
20 |
| owners of the
winning horses in certain races limited to |
21 |
| Illinois conceived and foaled
and Illinois foaled horses |
22 |
| designated as stakes races.
|
23 |
| (2.5) To provide an award to the owner or owners of an |
24 |
| Illinois
conceived and foaled or Illinois foaled horse that |
25 |
| wins a
maiden special weight, an allowance, overnight |
26 |
| handicap race, or
claiming race with claiming price of |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| $10,000 or more providing the race
is not restricted
to |
2 |
| Illinois conceived and foaled or Illinois foaled horses.
|
3 |
| Awards shall
also be provided to the owner or owners of |
4 |
| Illinois conceived and foaled and
Illinois foaled horses |
5 |
| that place second or third in those races. To the
extent
|
6 |
| that additional moneys are required to pay the minimum |
7 |
| additional awards of 40%
of the purse the horse earns for |
8 |
| placing first, second or third in those races
for Illinois |
9 |
| foaled horses and of 60% of the purse the horse earns for |
10 |
| placing
first, second or third in those races for Illinois
|
11 |
| conceived and foaled horses, those moneys shall be provided |
12 |
| from the purse
account at the track where earned.
|
13 |
| (3) To provide stallion awards to the owner or owners |
14 |
| of any stallion that
is duly registered with the Illinois |
15 |
| Thoroughbred Breeders Fund Program prior
to the effective |
16 |
| date of this amendatory Act of 1995 whose duly registered
|
17 |
| Illinois conceived and foaled offspring wins a race |
18 |
| conducted at an Illinois
thoroughbred racing meeting other |
19 |
| than a claiming race. Such award shall not be
paid to the |
20 |
| owner or owners of an Illinois stallion that served outside |
21 |
| this
State at any time during the calendar year in which |
22 |
| such race was conducted.
|
23 |
| (4) To provide $75,000 annually for purses to be
|
24 |
| distributed to
county fairs that provide for the running of |
25 |
| races during each county
fair exclusively for the |
26 |
| thoroughbreds conceived and foaled in
Illinois. The |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| conditions of the races shall be developed by the county
|
2 |
| fair association and reviewed by the Department with the |
3 |
| advice and
assistance of
the Illinois Thoroughbred |
4 |
| Breeders Fund Advisory Board. There shall be no
wagering of |
5 |
| any kind on the running
of
Illinois conceived and foaled |
6 |
| races at county fairs.
|
7 |
| (4.1)
To provide purse money for an Illinois stallion
|
8 |
| stakes program.
|
9 |
| (5) No less than 80% of all monies appropriated
from
|
10 |
| the
Illinois Thoroughbred Breeders Fund shall be expended |
11 |
| for the purposes in (1),
(2), (2.5), (3), (4), (4.1), and |
12 |
| (5) as shown above.
|
13 |
| (6) To provide for educational programs regarding the |
14 |
| thoroughbred
breeding industry.
|
15 |
| (7) To provide for research programs concerning the |
16 |
| health,
development and care of the thoroughbred horse.
|
17 |
| (8) To provide for a scholarship and training program |
18 |
| for students
of equine veterinary medicine.
|
19 |
| (9) To provide for dissemination of public information |
20 |
| designed to
promote the breeding of thoroughbred horses in |
21 |
| Illinois.
|
22 |
| (10) To provide for all expenses incurred in the |
23 |
| administration of
the Illinois Thoroughbred Breeders Fund.
|
24 |
| (h)
Whenever the Governor finds that the amount in the
|
25 |
| Illinois
Thoroughbred Breeders Fund is more than the total of |
26 |
| the outstanding
appropriations from such fund, the Governor |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
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| shall notify the State
Comptroller and the State Treasurer of |
2 |
| such fact. The Comptroller and
the State Treasurer, upon |
3 |
| receipt of such notification, shall transfer
such excess amount |
4 |
| from the Illinois Thoroughbred Breeders Fund to the
General |
5 |
| Revenue Fund.
|
6 |
| (i) A sum equal to 17%
12 1/2% of the first prize money of |
7 |
| every purse
won by an Illinois foaled or an Illinois conceived |
8 |
| and foaled horse in
races not limited to Illinois foaled horses |
9 |
| or Illinois conceived and
foaled horses, or both, shall be paid |
10 |
| by the organization licensee
conducting the horse race meeting. |
11 |
| Such sum shall be paid from the organization
licensee's share |
12 |
| of the money wagered as follows: 15%
11 1/2% to the breeder of
|
13 |
| the winning horse and 2%
1% to the organization representing |
14 |
| thoroughbred breeders
and owners whose representative serves |
15 |
| on the Illinois Thoroughbred Breeders
Fund Advisory Board for |
16 |
| verifying the amounts of breeders' awards earned,
assuring |
17 |
| their distribution in accordance with this Act, and servicing |
18 |
| and
promoting the Illinois thoroughbred horse racing industry. |
19 |
| The
organization representing thoroughbred breeders and owners |
20 |
| shall cause all
expenditures of monies received under this |
21 |
| subsection (i) to be audited
at least annually by a registered |
22 |
| public accountant. The organization
shall file copies of each |
23 |
| annual audit with the Racing Board, the Clerk of
the House of |
24 |
| Representatives and the Secretary of the Senate, and shall
make |
25 |
| copies of each annual audit available to the public upon |
26 |
| request
and upon payment of the reasonable cost of photocopying |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| the requested
number of copies. Such payments shall not reduce |
2 |
| any award to the owner of the
horse or reduce the taxes payable |
3 |
| under this Act. Upon completion of its
racing meet, each |
4 |
| organization licensee shall deliver to the organization
|
5 |
| representing thoroughbred breeders and owners whose |
6 |
| representative serves on
the Illinois Thoroughbred Breeders |
7 |
| Fund Advisory Board a listing of all the
Illinois foaled and |
8 |
| the Illinois conceived and foaled horses which won
breeders' |
9 |
| awards and the amount of such breeders' awards under this |
10 |
| subsection
to verify accuracy of payments and assure proper |
11 |
| distribution of breeders'
awards in accordance with the |
12 |
| provisions of this Act. Such payments shall be
delivered by the |
13 |
| organization licensee within 30 days of the end of each race
|
14 |
| meeting.
|
15 |
| (j) A sum equal to 17%
12 1/2% of the first prize money won |
16 |
| in each race
limited to Illinois foaled horses or Illinois |
17 |
| conceived and foaled
horses, or both, shall be paid in the |
18 |
| following manner by the
organization licensee conducting the |
19 |
| horse race meeting, from the
organization licensee's share of |
20 |
| the money wagered: 15%
11 1/2% to the breeders of
the horses in |
21 |
| each such race which are the official first, second, third
and |
22 |
| fourth finishers and 2%
1% to the organization representing |
23 |
| thoroughbred
breeders and owners whose representative serves |
24 |
| on the Illinois Thoroughbred
Breeders Fund Advisory Board for |
25 |
| verifying the amounts of breeders' awards
earned, assuring |
26 |
| their proper distribution in accordance with this Act, and
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| servicing and promoting the Illinois thoroughbred horse racing |
2 |
| industry. The
organization representing thoroughbred breeders |
3 |
| and owners shall cause all
expenditures of monies received |
4 |
| under this subsection (j) to be audited
at least annually by a |
5 |
| registered public accountant. The organization
shall file |
6 |
| copies of each annual audit with the Racing Board, the Clerk of
|
7 |
| the House of Representatives and the Secretary of the Senate, |
8 |
| and shall
make copies of each annual audit available to the |
9 |
| public upon request
and upon payment of the reasonable cost of |
10 |
| photocopying the requested
number of copies.
|
11 |
| The 17%
11 1/2% paid to the breeders in accordance with |
12 |
| this subsection
shall be distributed as follows:
|
13 |
| (1) 60% of such sum shall be paid to the breeder of the |
14 |
| horse which
finishes in the official first position;
|
15 |
| (2) 20% of such sum shall be paid to the breeder of the |
16 |
| horse which
finishes in the official second position;
|
17 |
| (3) 15% of such sum shall be paid to the breeder of the |
18 |
| horse which
finishes in the official third position; and
|
19 |
| (4) 5% of such sum shall be paid to the breeder of the |
20 |
| horse which
finishes in the official fourth position.
|
21 |
| Such payments shall not reduce any award to the owners of a |
22 |
| horse or
reduce the taxes payable under this Act. Upon |
23 |
| completion of its racing meet,
each organization licensee shall |
24 |
| deliver to the organization representing
thoroughbred breeders |
25 |
| and owners whose representative serves on the Illinois
|
26 |
| Thoroughbred Breeders Fund Advisory Board a listing of all the |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| Illinois foaled
and the Illinois conceived and foaled horses |
2 |
| which won breeders' awards and the
amount of such breeders' |
3 |
| awards in accordance with the provisions of this Act.
Such |
4 |
| payments shall be delivered by the organization licensee within |
5 |
| 30 days of
the end of each race meeting.
|
6 |
| (k) The term "breeder", as used herein, means the owner of |
7 |
| the mare at the
time the foal is dropped. An "Illinois foaled |
8 |
| horse" is a foal dropped by a
mare which enters this State on |
9 |
| or before December 1, in the year in which the
horse is bred, |
10 |
| provided the mare remains continuously in
this State until its |
11 |
| foal is born. An "Illinois foaled horse" also means a foal
born |
12 |
| of a mare in the same year as the mare enters this State on or |
13 |
| before
March 1, and remains in this State at least 30 days |
14 |
| after foaling, is bred back
during the season of the foaling to |
15 |
| an Illinois Registered Stallion (unless a
veterinarian |
16 |
| certifies that the mare should not be bred for health reasons),
|
17 |
| and is not bred to a stallion standing in any other state |
18 |
| during the season of
foaling. An "Illinois foaled horse" also |
19 |
| means a foal born in Illinois of a
mare purchased at public |
20 |
| auction subsequent to the mare entering this State
prior to |
21 |
| March 1
February 1 of the foaling year providing the mare is
|
22 |
| owned solely by one or more Illinois residents or an Illinois |
23 |
| entity that is
entirely owned by one or more Illinois |
24 |
| residents.
|
25 |
| (l) The Department of Agriculture shall, by rule, with the |
26 |
| advice and
assistance of the Illinois Thoroughbred Breeders |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| Fund Advisory Board:
|
2 |
| (1) Qualify stallions for Illinois breeding; such |
3 |
| stallions to stand for
service within the State of Illinois |
4 |
| at the time of a foal's conception. Such
stallion must not |
5 |
| stand for service at any place outside the State of |
6 |
| Illinois
during the calendar year in which the foal is |
7 |
| conceived. The Department of
Agriculture may assess and |
8 |
| collect an application fee of up to
$500
fees for the |
9 |
| registration of each Illinois-eligible stallion
stallions . |
10 |
| All fees collected are to be paid into the Illinois
|
11 |
| Thoroughbred Breeders Fund and with the advice and |
12 |
| assistance of the Illinois Thoroughbred Breeders
Fund |
13 |
| Advisory Board shall be used for stallion awards .
|
14 |
| (2) Provide for the registration of Illinois conceived |
15 |
| and foaled
horses and Illinois foaled horses. No such horse |
16 |
| shall compete in
the races limited to Illinois conceived |
17 |
| and foaled horses or Illinois
foaled horses or both unless |
18 |
| registered with the Department of
Agriculture. The |
19 |
| Department of Agriculture may prescribe such forms as
are |
20 |
| necessary to determine the eligibility of such horses. The |
21 |
| Department of
Agriculture may assess and collect |
22 |
| application fees for the registration of
Illinois-eligible |
23 |
| foals. All fees collected are to be paid into the Illinois
|
24 |
| Thoroughbred Breeders Fund. No person
shall knowingly |
25 |
| prepare or cause preparation of an application for
|
26 |
| registration of such foals containing false information.
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| (m) The Department of Agriculture, with the advice and |
2 |
| assistance of
the Illinois Thoroughbred Breeders Fund Advisory |
3 |
| Board, shall provide that certain races
limited to Illinois |
4 |
| conceived and foaled and Illinois foaled horses be
stakes races |
5 |
| and determine the total amount of stakes and awards to be paid
|
6 |
| to the owners of the winning horses in such races.
|
7 |
| In determining the stakes races and the amount of awards |
8 |
| for such races,
the Department of Agriculture shall consider |
9 |
| factors, including but not
limited to, the amount of money |
10 |
| appropriated for the Illinois Thoroughbred
Breeders Fund |
11 |
| program, organization licensees' contributions,
availability |
12 |
| of stakes caliber horses as demonstrated by past performances,
|
13 |
| whether the race can be coordinated into the proposed racing |
14 |
| dates within
organization licensees' racing dates, opportunity |
15 |
| for
colts and fillies
and various age groups to race, public |
16 |
| wagering on such races, and the
previous racing schedule.
|
17 |
| (n) The Board and the organizational licensee shall
notify |
18 |
| the Department of the conditions and minimum purses for races
|
19 |
| limited to Illinois conceived and foaled and Illinois foaled |
20 |
| horses
conducted for each organizational licensee conducting a |
21 |
| thoroughbred racing
meeting. The Department of Agriculture |
22 |
| with the advice and assistance of
the Illinois Thoroughbred |
23 |
| Breeders Fund Advisory Board may allocate monies
for purse |
24 |
| supplements for such races. In determining whether to allocate
|
25 |
| money and the amount, the Department of Agriculture shall |
26 |
| consider factors,
including but not limited to, the amount of |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| money appropriated for the
Illinois Thoroughbred Breeders Fund |
2 |
| program, the number of races that may
occur, and the |
3 |
| organizational licensee's purse structure.
|
4 |
| (o) (Blank).
In order to improve the breeding quality of |
5 |
| thoroughbred
horses in the
State, the General Assembly |
6 |
| recognizes that existing provisions of this Section
to |
7 |
| encourage such quality breeding need to be revised and |
8 |
| strengthened. As
such, a Thoroughbred Breeder's Program Task |
9 |
| Force is to be appointed by the
Governor by September 1, 1999 |
10 |
| to make recommendations to the General Assembly
by no later |
11 |
| than March 1, 2000. This task force is to be composed of 2
|
12 |
| representatives from the Illinois Thoroughbred Breeders and |
13 |
| Owners Foundation,
2 from the Illinois Thoroughbred Horsemen's |
14 |
| Association, 3 from Illinois race
tracks operating |
15 |
| thoroughbred race meets for an average of at least 30 days in
|
16 |
| the past 3 years, the Director of Agriculture, the Executive |
17 |
| Director of the
Racing Board, who shall serve as Chairman.
|
18 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
19 |
| (230 ILCS 5/30.5)
|
20 |
| Sec. 30.5. Illinois Quarter Horse Breeders Fund.
|
21 |
| (a) The General Assembly declares that it is the policy of |
22 |
| this State to
encourage the breeding of racing quarter horses |
23 |
| in this State and the ownership
of such horses by residents of |
24 |
| this State in order to provide for sufficient
numbers of high |
25 |
| quality racing quarter horses in this State and to establish
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| and
preserve the agricultural and commercial benefits of such |
2 |
| breeding and racing
industries to the State of Illinois. It is |
3 |
| the intent of the General Assembly
to
further this policy by |
4 |
| the provisions of this Act.
|
5 |
| (b) There is hereby created a non-appropriated trust |
6 |
| special fund in the State Treasury to be
known as the Illinois |
7 |
| Racing Quarter Horse Breeders Fund. Except as provided
in
|
8 |
| subsection (g) of Section 27 of this Act, 8.5% of all the |
9 |
| moneys received by
the
State as pari-mutuel taxes on quarter |
10 |
| horse racing shall be paid into the
Illinois
Racing Quarter |
11 |
| Horse Breeders Fund.
The Illinois Racing Quarter Horse Breeders |
12 |
| Fund shall not be subject to sweeps, administrative charges, or |
13 |
| charge backs, including, but not
limited to, those authorized |
14 |
| under Section 8h of the State Finance Act, or any other fiscal |
15 |
| or budgetary maneuver that
would in any way transfer any funds |
16 |
| from the Illinois Racing Quarter Horse Breeders Fund into any |
17 |
| other
fund of the State.
|
18 |
| (c) The Illinois Racing Quarter Horse Breeders Fund shall |
19 |
| be administered
by the Department of Agriculture with the |
20 |
| advice and assistance of the Advisory
Board created in |
21 |
| subsection (d) of this Section.
|
22 |
| (d) The Illinois Racing Quarter Horse Breeders Fund |
23 |
| Advisory Board shall
consist of the Director of the Department |
24 |
| of Agriculture, who shall serve as
Chairman; a member of the |
25 |
| Illinois Racing Board, designated by it; one
representative of |
26 |
| the organization licensees conducting pari-mutuel
quarter |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| horse racing meetings,
recommended by them; 2 representatives |
2 |
| of the Illinois Running Quarter Horse
Association, recommended |
3 |
| by it; and the Superintendent of Fairs and Promotions
from the |
4 |
| Department of Agriculture. Advisory Board members shall serve |
5 |
| for 2
years commencing January 1 of each odd numbered year. If |
6 |
| representatives have
not
been recommended by January 1 of each |
7 |
| odd numbered year, the Director of the
Department of |
8 |
| Agriculture may make an appointment for the organization |
9 |
| failing
to
so recommend a member of the Advisory Board. |
10 |
| Advisory Board members shall
receive
no compensation for their |
11 |
| services as members but may be reimbursed for all
actual and |
12 |
| necessary expenses and disbursements incurred in the execution |
13 |
| of
their official duties.
|
14 |
| (e)
No moneys shall be expended from the Illinois Racing |
15 |
| Quarter Horse
Breeders Fund except as appropriated by the |
16 |
| General Assembly. Moneys
in appropriated
from the Illinois |
17 |
| Racing Quarter Horse Breeders Fund shall be expended by the
|
18 |
| Department of Agriculture, with the advice and assistance of |
19 |
| the Illinois
Racing
Quarter Horse Breeders Fund Advisory Board, |
20 |
| for the following purposes only:
|
21 |
| (1) To provide stakes and awards to be paid to the
|
22 |
| owners of the winning horses in certain races. This |
23 |
| provision
is limited to Illinois conceived and foaled |
24 |
| horses.
|
25 |
| (2) To provide an award to the owner or owners of an |
26 |
| Illinois
conceived and foaled horse that wins a race when |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| pari-mutuel wagering is
conducted; providing the race is |
2 |
| not restricted to Illinois conceived and
foaled horses.
|
3 |
| (3) To provide purse money for an Illinois stallion |
4 |
| stakes program.
|
5 |
| (4) To provide for purses to be distributed for the |
6 |
| running of races
during the Illinois State Fair and the |
7 |
| DuQuoin State Fair exclusively for
quarter horses |
8 |
| conceived and foaled in Illinois.
|
9 |
| (5) To provide for purses to be distributed for the |
10 |
| running of races
at Illinois county fairs exclusively for |
11 |
| quarter horses conceived and foaled
in Illinois.
|
12 |
| (6) To provide for purses to be distributed for running |
13 |
| races
exclusively for quarter horses conceived and foaled |
14 |
| in Illinois at locations
in Illinois determined by the |
15 |
| Department of Agriculture with advice and
consent of the |
16 |
| Racing Quarter Horse Breeders Fund Advisory Board.
|
17 |
| (7) No less than 90% of all moneys appropriated from |
18 |
| the Illinois
Racing Quarter Horse Breeders Fund shall be |
19 |
| expended for the purposes in
items (1), (2), (3), (4), and |
20 |
| (5) of this subsection (e).
|
21 |
| (8) To provide for research programs concerning the |
22 |
| health,
development, and care of racing quarter horses.
|
23 |
| (9) To provide for dissemination of public information |
24 |
| designed to
promote the breeding of racing quarter horses |
25 |
| in Illinois.
|
26 |
| (10) To provide for expenses incurred in the |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| administration of the
Illinois Racing Quarter Horse |
2 |
| Breeders Fund.
|
3 |
| (f) The Department of Agriculture shall, by rule, with the |
4 |
| advice and
assistance of the Illinois Racing Quarter Horse |
5 |
| Breeders Fund Advisory Board:
|
6 |
| (1) Qualify stallions for Illinois breeding; such |
7 |
| stallions to stand
for service within the State of |
8 |
| Illinois, at the time of a foal's
conception. Such stallion |
9 |
| must not stand for service at any place outside
the State |
10 |
| of Illinois during the calendar year in which the foal is
|
11 |
| conceived. The Department of Agriculture may assess and |
12 |
| collect application
fees for the registration of |
13 |
| Illinois-eligible stallions. All fees collected
are to be |
14 |
| paid into the Illinois Racing Quarter Horse Breeders Fund.
|
15 |
| (2) Provide for the registration of Illinois conceived |
16 |
| and foaled
horses. No such horse shall compete in the races |
17 |
| limited to Illinois
conceived and foaled horses unless it |
18 |
| is registered with the Department of
Agriculture. The |
19 |
| Department of Agriculture may prescribe such forms as are
|
20 |
| necessary to determine the eligibility of such horses. The |
21 |
| Department of
Agriculture may assess and collect |
22 |
| application fees for the registration of
Illinois-eligible |
23 |
| foals. All fees collected are to be paid into the Illinois
|
24 |
| Racing Quarter Horse Breeders Fund. No person shall |
25 |
| knowingly prepare or
cause preparation of an application |
26 |
| for registration of such foals that
contains false |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| information.
|
2 |
| (3) Allow 150 days after the effective date of this |
3 |
| amendatory Act of the 95th General Assembly to grandfather |
4 |
| any quarter horse conceived and foaled in Illinois into the |
5 |
| Illinois Racing Quarter Horse Breeders Fund Program of the |
6 |
| Illinois Department of Agriculture. |
7 |
| (g) The Department of Agriculture, with the advice and |
8 |
| assistance of the
Illinois Racing Quarter Horse Breeders Fund |
9 |
| Advisory Board, shall provide that
certain races limited to |
10 |
| Illinois conceived and foaled be stakes races and
determine the |
11 |
| total amount of stakes and awards to be paid to the owners of |
12 |
| the
winning horses in such races.
|
13 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
14 |
| (230 ILCS 5/31)
(from Ch. 8, par. 37-31)
|
15 |
| Sec. 31. (a) The General Assembly declares that it is the |
16 |
| policy of
this State to encourage the breeding of standardbred |
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 standardbred
horses to participate in |
20 |
| harness racing meetings in this State, and to
establish and |
21 |
| 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 Section of this Act.
|
25 |
| (b) Each organization licensee conducting a harness
racing |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| meeting pursuant to this Act shall provide for at least two |
2 |
| races each
race program limited to
Illinois conceived and |
3 |
| foaled horses. A minimum of 6 races shall be
conducted each |
4 |
| week limited to Illinois conceived and foaled horses. No
horses |
5 |
| shall be permitted to start in such races unless duly |
6 |
| registered
under the rules of the Department of Agriculture.
|
7 |
| (b-5) Each organization licensee conducting a harness |
8 |
| racing meeting
pursuant to this Act shall provide stakes races |
9 |
| and early closer races for
Illinois conceived and foaled horses |
10 |
| so the total purses distributed for such
races shall be no less |
11 |
| than an amount equal to (i) the total of the horsemen's |
12 |
| payments and entry fees, plus (ii) 17% of the total purses |
13 |
| distributed at the meeting.
|
14 |
| (b-10) Each organization licensee conducting a harness |
15 |
| racing meeting
pursuant to this Act shall provide an owner |
16 |
| award to be paid from the purse
account equal to 25% of the |
17 |
| amount earned by Illinois conceived and foaled
horses in races |
18 |
| that are not restricted to Illinois conceived and foaled
|
19 |
| horses.
|
20 |
| (c) Conditions of races under subsection (b) shall be |
21 |
| commensurate
with past performance, quality and class of |
22 |
| Illinois conceived and
foaled horses available. If, however, |
23 |
| sufficient competition cannot be
had among horses of that class |
24 |
| on any day, the races may, with consent
of the Board, be |
25 |
| eliminated for that day and substitute races provided.
|
26 |
| (d) There is hereby created a non-appropriated trust |
|
|
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|
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| special fund of the State Treasury to
be known as the Illinois |
2 |
| Standardbred Breeders Fund.
The Illinois Standardbred Breeders |
3 |
| Fund shall not be subject to sweeps, administrative charges, or |
4 |
| charge backs, including, but not
limited to, those authorized |
5 |
| under Section 8h of the State Finance Act, or any other fiscal |
6 |
| or budgetary maneuver that
would in any way transfer any funds |
7 |
| from the Illinois Standardbred Breeders Fund into any other
|
8 |
| fund of the State.
|
9 |
| During the calendar year 1981, and each year thereafter, |
10 |
| except as provided
in subsection (g) of Section 27 of this Act, |
11 |
| eight and one-half
per cent of all the monies received by the |
12 |
| State as privilege taxes on
harness racing meetings shall be |
13 |
| paid into the Illinois Standardbred
Breeders Fund.
|
14 |
| (e) The Illinois Standardbred Breeders Fund shall be |
15 |
| administered by
the Department of Agriculture with the |
16 |
| assistance and advice of the
Advisory Board created in |
17 |
| subsection (f) of this Section.
|
18 |
| (f) The Illinois Standardbred Breeders Fund Advisory Board |
19 |
| is hereby
created. The Advisory Board shall consist of the |
20 |
| Director of the
Department of Agriculture, who shall serve as |
21 |
| Chairman; the
Superintendent of the Illinois State Fair; a |
22 |
| member of the Illinois
Racing Board, designated by it; a |
23 |
| representative of the Illinois
Standardbred Owners and |
24 |
| Breeders Association, recommended by it; a
representative of |
25 |
| the Illinois Association of Agricultural Fairs,
recommended by |
26 |
| it, such representative to be from a fair at which
Illinois |
|
|
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|
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| conceived and foaled racing is conducted; a representative of
|
2 |
| the organization licensees conducting harness racing
meetings, |
3 |
| recommended by them
and a representative of the Illinois |
4 |
| Harness Horsemen's Association,
recommended by it. Advisory |
5 |
| Board members shall serve for 2 years
commencing January 1, of |
6 |
| each odd numbered year. If representatives of
the Illinois |
7 |
| Standardbred Owners and Breeders Associations, the Illinois
|
8 |
| Association of Agricultural Fairs, the Illinois Harness |
9 |
| Horsemen's
Association, and the organization licensees |
10 |
| conducting
harness racing meetings
have not been recommended by |
11 |
| January 1, of each odd numbered year, the
Director of the |
12 |
| Department of Agriculture shall make an appointment for
the |
13 |
| organization failing to so recommend a member of the Advisory |
14 |
| Board.
Advisory Board members shall receive no compensation for |
15 |
| their services
as members but shall be reimbursed for all |
16 |
| actual and necessary expenses
and disbursements incurred in the |
17 |
| execution of their official duties.
|
18 |
| (g)
No monies shall be expended from the Illinois |
19 |
| Standardbred
Breeders Fund except as appropriated by the |
20 |
| General Assembly. Monies
in appropriated from the Illinois |
21 |
| Standardbred Breeders Fund shall be
expended by the Department |
22 |
| of Agriculture, with the assistance and
advice of the Illinois |
23 |
| Standardbred Breeders Fund Advisory Board for the
following |
24 |
| purposes only:
|
25 |
| 1. To provide purses for races limited to Illinois |
26 |
| conceived and
foaled horses at the State Fair and the |
|
|
|
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| DuQuoin State Fair .
|
2 |
| 2. To provide purses for races limited to Illinois |
3 |
| conceived and
foaled horses at county fairs.
|
4 |
| 3. To provide purse supplements for races limited to |
5 |
| Illinois
conceived and foaled horses conducted by |
6 |
| associations conducting harness
racing meetings.
|
7 |
| 4. No less than 75% of all monies in the Illinois |
8 |
| Standardbred
Breeders Fund shall be expended for purses in |
9 |
| 1, 2 and 3 as shown above.
|
10 |
| 4.5. To provide for bonus programs to pay owners of |
11 |
| horses that win multiple stake races that are restricted to |
12 |
| Illinois conceived and foaled horses.
|
13 |
| 5. In the discretion of the Department of Agriculture |
14 |
| to provide
awards to harness breeders of Illinois conceived |
15 |
| and foaled horses which
win races conducted by organization |
16 |
| licensees
conducting harness racing meetings.
A breeder is |
17 |
| the owner of a mare at the time of conception. No more
than |
18 |
| 10% of all monies appropriated from the Illinois
|
19 |
| Standardbred Breeders Fund shall
be expended for such |
20 |
| harness breeders awards. No more than 25% of the
amount |
21 |
| expended for harness breeders awards shall be expended for
|
22 |
| expenses incurred in the administration of such harness |
23 |
| breeders awards.
|
24 |
| 6. To pay for the improvement of racing facilities |
25 |
| located at the
State Fair and County fairs.
|
26 |
| 7. To pay the expenses incurred in the administration |
|
|
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|
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| of the
Illinois Standardbred Breeders Fund.
|
2 |
| 8. To promote the sport of harness racing , including |
3 |
| grants up to a
maximum of $7,500 per fair per year for the |
4 |
| cost of a totalizator system to be
used for conducting |
5 |
| pari-mutuel wagering during the advertised dates of a
|
6 |
| county fair .
|
7 |
| (h)
Whenever the Governor finds that the amount in the |
8 |
| Illinois
Standardbred Breeders Fund is more than the total of |
9 |
| the outstanding
appropriations from such fund, the Governor |
10 |
| shall notify the State
Comptroller and the State Treasurer of |
11 |
| such fact. The Comptroller and
the State Treasurer, upon |
12 |
| receipt of such notification, shall transfer
such excess amount |
13 |
| from the Illinois Standardbred Breeders Fund to the
General |
14 |
| Revenue Fund.
|
15 |
| (i) A sum equal to 12 1/2% of the first prize money of the |
16 |
| gross
every purse
won by an Illinois conceived and foaled horse |
17 |
| shall be paid by the
organization licensee conducting the horse |
18 |
| race meeting to the breeder
of such winning horse from the |
19 |
| organization licensee's account
share of
the money wagered . |
20 |
| Such payment shall not reduce any award to the owner of
the |
21 |
| horse or reduce the taxes payable under this Act. Such payment |
22 |
| shall be
delivered by the organization licensee at the end of |
23 |
| each month
race
meeting .
|
24 |
| (j) The Department of Agriculture shall, by rule, with the |
25 |
| assistance and
advice of the Illinois Standardbred Breeders |
26 |
| Fund Advisory Board:
|
|
|
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|
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| 1. Qualify stallions for Illinois Standardbred Breeders |
2 |
| Fund breeding; such
stallion shall be owned by a resident of |
3 |
| the State of Illinois or by an
Illinois corporation all of |
4 |
| whose shareholders, directors, officers and
incorporators are |
5 |
| residents of the State of Illinois. Such stallion shall
stand |
6 |
| for service at and within the State of Illinois at the time of |
7 |
| a foal's
conception, and such stallion must not stand for |
8 |
| service at any place, nor
may semen from such stallion be |
9 |
| transported, outside the State of Illinois
during that calendar |
10 |
| year in which the foal is conceived and that the owner of
the |
11 |
| stallion was for the 12 months prior, a resident of Illinois. |
12 |
| The articles
of agreement of any partnership, joint venture, |
13 |
| limited partnership, syndicate,
association or corporation and |
14 |
| any bylaws and stock
certificates must contain a restriction |
15 |
| that provides that the ownership or
transfer of interest by any |
16 |
| one of the persons a party to the agreement can
only be made to |
17 |
| a person who qualifies as an Illinois resident.
Foals conceived |
18 |
| outside the State of Illinois from shipped semen from a
|
19 |
| stallion qualified for breeders' awards under this Section are
|
20 |
| not eligible to participate in the Illinois conceived and |
21 |
| foaled program.
|
22 |
| 2. Provide for the registration of Illinois conceived and |
23 |
| foaled
horses and no such horse shall compete in the races |
24 |
| limited to Illinois
conceived and foaled horses unless |
25 |
| registered with the Department of
Agriculture. The Department |
26 |
| of Agriculture may prescribe such forms as
may be necessary to |
|
|
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|
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| determine the eligibility of such horses. No person
shall |
2 |
| knowingly prepare or cause preparation of an application for
|
3 |
| registration of such foals containing false information.
A mare |
4 |
| (dam) must be in the state at least 30 days prior to foaling or
|
5 |
| remain in the State at least 30 days at the time of foaling.
|
6 |
| Beginning with the 1996 breeding season and for foals of 1997 |
7 |
| and thereafter,
a foal conceived in the State of Illinois by |
8 |
| transported fresh semen may be
eligible for Illinois
conceived |
9 |
| and foaled registration provided all breeding and foaling
|
10 |
| requirements are met. The stallion must be qualified for |
11 |
| Illinois Standardbred
Breeders Fund breeding at the time of |
12 |
| conception and the mare must be
inseminated within the State of |
13 |
| Illinois. The foal must be dropped in Illinois
and properly |
14 |
| registered with the Department of Agriculture in accordance |
15 |
| with
this Act.
|
16 |
| 3. Provide that at least a 5 day racing program shall be |
17 |
| conducted
at the State Fair each year, which program shall |
18 |
| include at least the
following races limited to Illinois |
19 |
| conceived and foaled horses: (a) a
two year old Trot and Pace, |
20 |
| and Filly Division of each; (b) a three
year old Trot and Pace, |
21 |
| and Filly Division of each; (c) an aged Trot and Pace,
and Mare |
22 |
| Division of each.
|
23 |
| 4. Provide for the payment of nominating, sustaining and |
24 |
| starting
fees for races promoting the sport of harness racing |
25 |
| and for the races
to be conducted at the State Fair as provided |
26 |
| in
subsection (j) 3 of this Section provided that the |
|
|
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|
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| nominating,
sustaining and starting payment required from an |
2 |
| entrant shall not
exceed 2% of the purse of such race. All |
3 |
| nominating, sustaining and
starting payments shall be held for |
4 |
| the benefit of entrants and shall be
paid out as part of the |
5 |
| respective purses for such races.
Nominating, sustaining and |
6 |
| starting fees shall be held in trust accounts
for the purposes |
7 |
| as set forth in this Act and in accordance with Section
205-15 |
8 |
| of the Department of Agriculture Law (20 ILCS
205/205-15).
|
9 |
| 5. Provide for the registration with the Department of |
10 |
| Agriculture
of Colt Associations or county fairs desiring to |
11 |
| sponsor races at county
fairs.
|
12 |
| (k) The Department of Agriculture, with the advice and |
13 |
| assistance of the
Illinois
Standardbred Breeders Fund Advisory |
14 |
| Board, may allocate monies for purse
supplements for such |
15 |
| races. In determining whether to allocate money and
the amount, |
16 |
| the Department
of Agriculture shall consider factors, |
17 |
| including but not limited to, the
amount of money appropriated |
18 |
| for the Illinois Standardbred Breeders Fund
program, the number |
19 |
| of races that may occur, and an organizational
licensee's purse |
20 |
| structure. The organizational licensee shall notify the
|
21 |
| Department of Agriculture of the conditions and minimum purses |
22 |
| for races
limited to Illinois conceived and foaled horses to be |
23 |
| conducted by each
organizational licensee conducting a harness |
24 |
| racing meeting for which purse
supplements have been |
25 |
| negotiated.
|
26 |
| (l) All races held at county fairs and the State Fair which |
|
|
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09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| receive funds
from the Illinois Standardbred Breeders Fund |
2 |
| shall be conducted in
accordance with the rules of the United |
3 |
| States Trotting Association unless
otherwise modified by the |
4 |
| Department of Agriculture.
|
5 |
| (m) At all standardbred race meetings held or conducted |
6 |
| under authority of a
license granted by the Board, and at all |
7 |
| standardbred races held at county
fairs which are approved by |
8 |
| the Department of Agriculture or at the
Illinois or DuQuoin |
9 |
| State Fairs, no one shall jog, train, warm up or drive
a |
10 |
| standardbred horse unless he or she is wearing a protective |
11 |
| safety helmet,
with the
chin strap fastened and in place, which |
12 |
| meets the standards and
requirements as set forth in the 1984 |
13 |
| Standard for Protective Headgear for
Use in Harness Racing and |
14 |
| Other Equestrian Sports published by the Snell
Memorial |
15 |
| Foundation, or any standards and requirements for headgear the
|
16 |
| Illinois Racing Board may approve. Any other standards and |
17 |
| requirements so
approved by the Board shall equal or exceed |
18 |
| those published by the Snell
Memorial Foundation. Any |
19 |
| equestrian helmet bearing the Snell label shall
be deemed to |
20 |
| have met those standards and requirements.
|
21 |
| (Source: P.A. 91-239, eff. 1-1-00.)
|
22 |
| (230 ILCS 5/31.2 new)
|
23 |
| Sec. 31.2. Racing Industry Workers' Trust Fund; advisory |
24 |
| board. |
25 |
| (a) The General Assembly finds that backstretch workers |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| play a critical role in the success and prosperity of the |
2 |
| racing industry. The General Assembly finds that there is a |
3 |
| need to improve the quality and viability of live racing in |
4 |
| Illinois by providing new resources to increase purse sizes and |
5 |
| to improve race track facilities. The General Assembly finds |
6 |
| that there is a concomitant responsibility and duty to address |
7 |
| the human service and housing needs of backstretch workers. |
8 |
| (b) There is hereby created a non-appropriated trust fund |
9 |
| to be known as the Racing Industry Workers' Trust Fund, which |
10 |
| is administered by the Board and held separate and apart from |
11 |
| State moneys. The Fund shall consist of moneys paid into it |
12 |
| under subsection (b) of Section 56 of this Act.
|
13 |
| (c) The Board is authorized to use funds in the Racing |
14 |
| Industry Workers' Trust Fund to fund programs and initiatives |
15 |
| that improve the quality of life of backstretch workers. |
16 |
| Initiatives funded by the Board shall address needs such as |
17 |
| illiteracy, substance dependence, primary health care, child |
18 |
| care, housing, and any other social service need determined by |
19 |
| the Board. |
20 |
| (d) On December 31st of each year the Board shall report to |
21 |
| the General Assembly and the Governor on the programs funded by |
22 |
| the Board during the preceding fiscal year, the number of |
23 |
| persons served, and the working and living conditions of |
24 |
| backstretch workers. |
25 |
| (e) The Board shall appoint a Backstretch Programs Advisory |
26 |
| Board, who shall report to and advise the Board on matters |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| concerning backstretch conditions and needs. The Backstretch |
2 |
| Programs Advisory Board shall consist of the following 7 |
3 |
| members:
|
4 |
| (1) 2 persons who represent the interests of an |
5 |
| organization licensee; |
6 |
| (2) one person who represents the interests of |
7 |
| standardbred horsemen; |
8 |
| (3) one person who represents the interests of |
9 |
| thoroughbred horsemen; |
10 |
| (4) one person who is or was a backstretch worker; |
11 |
| (5) one person who advocates on behalf of backstretch |
12 |
| workers; and |
13 |
| (6) one person who has significant experience in |
14 |
| administering social services. |
15 |
| (f) The Board shall hire, in its sole discretion, a |
16 |
| backstretch workers' Program Coordinator who shall serve under |
17 |
| the direction of the Board to supervise and coordinate the |
18 |
| programs funded by the Racing Industry Workers' Trust Fund. The |
19 |
| Program Coordinator shall be paid from the Racing Industry |
20 |
| Workers' Trust Fund.
|
21 |
| (230 ILCS 5/31.3 new)
|
22 |
| Sec. 31.3. Illinois Equine Research Trust Fund. There is |
23 |
| created a non-appropriated trust fund to be known
as the |
24 |
| Illinois Equine Research Trust Fund, which is administered by |
25 |
| the Department of Agriculture and held separate and apart from |
|
|
|
09500HB2651sam003 |
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|
1 |
| State moneys. The Fund shall consist of moneys paid into it |
2 |
| under subsection (b) of Section 56 of this Act. The Department |
3 |
| may use funds in the Illinois Equine Research Trust Fund to |
4 |
| award 2 equal grants to the University of Illinois and to |
5 |
| Southern Illinois University for equine research. The total |
6 |
| amount of each grant award shall be used for only the direct |
7 |
| costs of research. |
8 |
| The Illinois Equine Research Trust Fund shall not be |
9 |
| subject to sweeps, administrative charges, or charge backs, |
10 |
| including, but not
limited to, those authorized under Section |
11 |
| 8h of the State Finance Act, or any other fiscal or budgetary |
12 |
| maneuver that
would in any way transfer any funds from the |
13 |
| Illinois Equine Research Trust Fund into any other
fund of the |
14 |
| State. |
15 |
| (230 ILCS 5/34.3 new)
|
16 |
| Sec. 34.3. Drug testing. The Illinois Racing Board and the |
17 |
| Department of Agriculture shall jointly establish a program for |
18 |
| the purpose of conducting random drug testing of horses at |
19 |
| county fairs and shall adopt any rules necessary for |
20 |
| enforcement of the program. The rules shall include appropriate |
21 |
| penalties for violations.
|
22 |
| (230 ILCS 5/36)
(from Ch. 8, par. 37-36)
|
23 |
| Sec. 36. (a) Whoever administers or conspires to administer |
24 |
| to
any horse a hypnotic, narcotic, stimulant, depressant or any |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| chemical
substance which may affect the speed of a horse at any |
2 |
| time in any race
where the purse or any part of the purse is |
3 |
| made of money authorized by any
Section of this Act , except |
4 |
| those chemical substances permitted by ruling of
the Board, |
5 |
| internally, externally or by hypodermic method in a race or |
6 |
| prior
thereto, or whoever knowingly enters a horse in any race |
7 |
| within a period of 24
hours after any hypnotic, narcotic, |
8 |
| stimulant, depressant or any other chemical
substance which may |
9 |
| affect the speed of a horse at any time, except those
chemical |
10 |
| substances permitted by ruling of the Board, has been |
11 |
| administered to
such horse either internally or externally or |
12 |
| by hypodermic method for the
purpose of increasing or retarding |
13 |
| the speed of such horse shall be guilty of a
Class 4 felony. |
14 |
| The Board shall suspend or revoke such violator's license.
|
15 |
| (b) The term "hypnotic" as used in this Section includes |
16 |
| all barbituric
acid preparations and derivatives.
|
17 |
| (c) The term "narcotic" as used in this Section includes |
18 |
| opium and
all its alkaloids, salts, preparations and |
19 |
| derivatives, cocaine
and all its salts, preparations and |
20 |
| derivatives and substitutes.
|
21 |
| (d) The provisions of this Section 36 and the treatment |
22 |
| authorized herein
apply to horses entered in and competing in |
23 |
| race meetings as defined in
Section 3.47 of this Act and to |
24 |
| horses entered in and competing at any county
fair.
|
25 |
| (e) Drug testing for horses entered in and competing at any |
26 |
| county fair shall be conducted by the Department of |
|
|
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09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| Agriculture, with the advice and assistance of the Board. The |
2 |
| Department of Agriculture, with the assistance of the Board, |
3 |
| shall adopt rules for drug testing, for horses entered in and |
4 |
| competing at any county fair.
|
5 |
| (Source: P.A. 79-1185.)
|
6 |
| (230 ILCS 5/42)
(from Ch. 8, par. 37-42)
|
7 |
| Sec. 42. (a) Except as to the distribution of monies |
8 |
| provided for by
Sections 28, 29, 30 , and 31 and the treating of
|
9 |
| horses as provided in Section 36 , nothing whatsoever in this |
10 |
| Act
shall
be held or taken to apply to county fairs and State |
11 |
| Fairs or to
agricultural and livestock exhibitions where the |
12 |
| pari-mutuel system of wagering
upon the result of horses is not
|
13 |
| permitted or conducted.
|
14 |
| (b) Nothing herein shall be construed to permit the |
15 |
| pari-mutuel method of
wagering upon any race track unless such |
16 |
| race
track is licensed under this Act. It is hereby declared to |
17 |
| be
unlawful for any person to permit, conduct or supervise upon |
18 |
| any
race track ground the pari-mutuel method of
wagering except |
19 |
| in accordance with the provisions of this Act.
|
20 |
| (c) Whoever violates subsection (b) of this Section is |
21 |
| guilty of
a Class 4 felony.
|
22 |
| (Source: P.A. 89-16, eff. 5-30-95.)
|
23 |
| (230 ILCS 5/45) (from Ch. 8, par. 37-45)
|
24 |
| Sec. 45. It shall be the duty of the Attorney General and |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| the
various State's attorneys in this State in cooperation with |
2 |
| the Office of Gaming Enforcement Department
of State Police to |
3 |
| enforce
this Act. The Director of Gaming Enforcement Governor |
4 |
| may, upon request of the Board Department of State Police ,
|
5 |
| order the law enforcing officers of the various cities and
|
6 |
| counties to assign a sufficient number of deputies to aid |
7 |
| members of the
Department of State Police
in preventing horse |
8 |
| racing at any track
within the respective jurisdiction of such |
9 |
| cities or counties an
organization license for which has been |
10 |
| refused, suspended or revoked by
the Board. The Director of |
11 |
| Gaming Enforcement Governor may similarly assign such deputies |
12 |
| to aid the
local law enforcement Department of State Police
|
13 |
| when, by his determination, additional
forces are needed to |
14 |
| preserve the health, welfare or safety of any
person or animal |
15 |
| within the grounds of any race track in the State.
|
16 |
| (Source: P.A. 84-25.)
|
17 |
| (230 ILCS 5/56 new)
|
18 |
| Sec. 56. Electronic gaming.
|
19 |
| (a) An organization licensee may apply to the Gaming Board |
20 |
| for an electronic
gaming license pursuant to Section 7.7 of the |
21 |
| Illinois Gambling Act. An electronic gaming licensee may not |
22 |
| permit persons under 21 years
of age to be present in its |
23 |
| electronic gaming facility,
but the licensee may accept wagers |
24 |
| on live racing and inter-track
wagers at its electronic gaming |
25 |
| facility.
|
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| (a-5) An amount equal to 15% of the total adjusted gross |
2 |
| receipts received by an electronic gaming licensee from |
3 |
| electronic gaming shall be paid to purse accounts. |
4 |
| Moneys paid into purse equity accounts by licensees at |
5 |
| tracks located in counties other than Madison County shall be |
6 |
| maintained separately from moneys paid into purse equity |
7 |
| accounts by a licensee at a track located in Madison County. |
8 |
| Of the moneys paid to purse equity accounts by an |
9 |
| electronic gaming licensee located in a county other than |
10 |
| Madison County, 57% of the moneys shall be paid into a single |
11 |
| thoroughbred purse pool and 43% of the moneys shall be paid |
12 |
| into a single standardbred
purse pool. Each calendar year, |
13 |
| moneys in the thoroughbred purse pool shall be distributed |
14 |
| equally for each awarded racing date to the thoroughbred purse |
15 |
| accounts of each organization licensee that
paid money into the |
16 |
| thoroughbred purse pool. Each calendar year, moneys in the |
17 |
| standardbred purse pool shall be distributed equally for each |
18 |
| awarded racing date to the standardbred purse accounts of each |
19 |
| organization licensee that
paid money into the standardbred |
20 |
| purse pool. |
21 |
| Of the moneys paid into purse equity accounts by an |
22 |
| electronic gaming licensee located in Madison County, 70% shall |
23 |
| be paid to its thoroughbred purse account and 30% shall be paid |
24 |
| to its standardbred purse account. |
25 |
| (b) After payment required under subsection (a-5) of this |
26 |
| Section and Section 13 of the Illinois Gambling Act, the |
|
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| adjusted gross receipts received by all electronic gaming |
2 |
| licensees
from electronic gaming shall be distributed as |
3 |
| follows:
|
4 |
| (1) a total of $4,100,000 annually shall be paid to the |
5 |
| Illinois Colt Stakes Purse Distribution Fund; |
6 |
| (2) a total of $250,000 annually shall be paid to the |
7 |
| Illinois Racing Quarter Horse Breeders Fund; |
8 |
| (3) a total of $500,000 annually shall be paid to the |
9 |
| Illinois Equine Research Trust Fund; |
10 |
| (4) a total of $1,000,000 annually shall be paid to the |
11 |
| Racing Industry Workers' Trust Fund;
|
12 |
| (5) an amount equal to 2.25% of adjusted gross receipts |
13 |
| from each electronic gaming licensee shall be paid to the |
14 |
| Illinois Thoroughbred Breeders Fund and the
Illinois |
15 |
| Standardbred Breeders Fund, divided pro rata based on the |
16 |
| proportion
of live thoroughbred racing and live |
17 |
| standardbred racing conducted at that
licensee's race |
18 |
| track; and
|
19 |
| (6) an amount equal to 0.25% of adjusted gross receipts |
20 |
| from each electronic gaming licensee shall be paid to the |
21 |
| licensee's live racing and horse ownership
promotional |
22 |
| account; and
|
23 |
| (7) the remainder shall be retained by the licensee. |
24 |
| (c) The moneys collected pursuant to items (1), (2), (3), |
25 |
| and (4) of subsection (b) of this Section is payable by the |
26 |
| licensees on a pro-rated basis, based on each licensee's |
|
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| adjusted gross receipts. The Illinois Gaming Board shall |
2 |
| provide the Illinois Racing Board with the information needed |
3 |
| to make this determination. The Illinois Racing Board shall |
4 |
| adopt rules for the administration of this Section. |
5 |
| (d) Moneys distributed under this subsection (b) shall be |
6 |
| distributed as directed by the Board. |
7 |
| (e) As a condition of licensure, an electronic gaming |
8 |
| licensee must expend an amount equal to the sum of (i) amounts |
9 |
| expended in 2007; (ii) the amounts required in item (6) of |
10 |
| subsection (b) of this Section; and (iii) the amount of |
11 |
| pari-mutuel tax credit received under Section 32.1 of this Act |
12 |
| for the purpose of live racing and horse ownership promotion. |
13 |
| The Board shall adopt rules to enforce this subsection (e), |
14 |
| including reasonable fines and penalties for noncompliance. |
15 |
| (230 ILCS 5/57 new)
|
16 |
| Sec. 57. Compliance report. |
17 |
| (a) The Board shall prepare a report once every 2 years |
18 |
| regarding the compliance of each electronic gaming licensee |
19 |
| with this Act and the electronic gaming licensee's support of |
20 |
| live racing. The Board shall determine whether each electronic |
21 |
| gaming licensee has maintained an appropriate level of live |
22 |
| horse racing. In making that determination, the Board shall |
23 |
| consider all of the following factors: |
24 |
| (1) The increase, if any, in the on-track handle at the |
25 |
| race track where the electronic gaming facility is located. |
|
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| (2) The increase, if any, in purses at the racing |
2 |
| facility where electronic gaming facility is located. |
3 |
| (3) Investments in capital improvements made by the |
4 |
| organization licensee to the racing facility, excluding |
5 |
| electronic gaming areas. |
6 |
| (b) If the Board finds that a licensee has failed to comply |
7 |
| with this Act or has substantially failed to support live |
8 |
| racing, then the Board may do any of the following: |
9 |
| (1) Issue a warning to the organization licensee. |
10 |
| (2) Impose a civil penalty upon the organization |
11 |
| licensee. |
12 |
| (3) Suspend or revoke the organization license.
|
13 |
| Section 90-40. The Riverboat Gambling Act is amended by |
14 |
| changing Sections 1, 2, 3, 4,
5, 5.1, 6, 7, 7.3, 7.4, 7.5, 8, 9, |
15 |
| 11, 11.1, 11.2, 12, 13, 14, 17, 18, 19, and 20 and by adding |
16 |
| Sections 5.2, 5.3, 5.4, 5.5, 5.7, 7.6, 7.7, 7.8, 7.10, 7.11, |
17 |
| 7.11a, 7.12, 7.14, 7.15, 7.25, 7.30, 9.3, 9.5, 12.1, 13.2, |
18 |
| 14.5, 17.2, 22.5, and 22.6 as follows:
|
19 |
| (230 ILCS 10/1) (from Ch. 120, par. 2401)
|
20 |
| Sec. 1. Short title. This Act shall be known and may be |
21 |
| cited as the
Illinois Riverboat Gambling Act.
|
22 |
| (Source: P.A. 86-1029.)
|
23 |
| (230 ILCS 10/2) (from Ch. 120, par. 2402)
|
|
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| Sec. 2. Legislative intent; findings Intent .
|
2 |
| (a) This Act is intended to benefit the
people of the State |
3 |
| of Illinois
by assisting economic development and promoting |
4 |
| Illinois tourism
and by increasing the amount of revenues |
5 |
| available to the State for infrastructure and capital programs |
6 |
| and to assist and
support education.
|
7 |
| (b) While authorization of riverboat gambling will enhance |
8 |
| investment,
development and tourism in Illinois, it is |
9 |
| recognized that it will do so
successfully only if public |
10 |
| confidence and trust in the credibility and
integrity of the |
11 |
| gambling operations and the regulatory process is
maintained. |
12 |
| Therefore, regulatory provisions of this Act are designed to
|
13 |
| strictly regulate the facilities, persons, associations and |
14 |
| practices
related to gambling operations pursuant to the police |
15 |
| powers of the State,
including comprehensive law enforcement |
16 |
| supervision.
|
17 |
| (c) The Illinois Gaming Board established under this Act |
18 |
| should, as soon
as possible, inform each applicant for an |
19 |
| owners license of the Board's
intent to grant or deny a |
20 |
| license.
|
21 |
| (d) The General Assembly finds that the Illinois gaming |
22 |
| industry does not include a fair proportion of minority and |
23 |
| female ownership participation in the gaming industry. It is |
24 |
| vital to the gaming industry in this State to promote diverse |
25 |
| interests in order to create social and economic parity. As a |
26 |
| result of historical exclusion within the gaming industry, |
|
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| there is a need to increase the number of minority and female |
2 |
| owners within the State. The State shall require that at least |
3 |
| 20% of an owners licensee's or casino licensee's equity |
4 |
| interest be awarded to minorities and at least 5% of an owners |
5 |
| licensee's or casino licensee's equity interest be awarded to |
6 |
| women for all licenses awarded after the date of this |
7 |
| amendatory Act of the 95th General Assembly. |
8 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
9 |
| (230 ILCS 10/3)
(from Ch. 120, par. 2403)
|
10 |
| Sec. 3. Riverboat Gambling Authorized.
|
11 |
| (a) Riverboat gambling
operations , casino gambling |
12 |
| operations, and electronic gaming operations
and the system of |
13 |
| wagering
incorporated therein , as defined in this Act, are |
14 |
| hereby authorized to the
extent that they are carried out in |
15 |
| accordance with the provisions of this
Act.
|
16 |
| (b) This Act does not apply to the pari-mutuel system of |
17 |
| wagering or to advance deposit wagering used
or intended to be |
18 |
| used in connection with the horse-race meetings as
authorized |
19 |
| under the Illinois Horse Racing Act of 1975, lottery games
|
20 |
| authorized under the Illinois Lottery Law, bingo authorized |
21 |
| under the Bingo
License and Tax Act, charitable games |
22 |
| authorized under the Charitable Games
Act or pull tabs and jar |
23 |
| games conducted under the Illinois Pull Tabs and Jar
Games Act.
|
24 |
| (c) Riverboat gambling conducted pursuant to this Act may |
25 |
| be authorized
upon any water within the State of Illinois or |
|
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| any
water other than Lake Michigan which constitutes a boundary |
2 |
| of the State
of Illinois.
A casino licensee shall not conduct |
3 |
| gaming upon any water or lakefront within the City of Chicago. |
4 |
| Notwithstanding any provision in this subsection (c) to the |
5 |
| contrary, a licensee may conduct gambling at its home dock |
6 |
| facility as provided in Sections 7 and 11. A licensee may |
7 |
| conduct riverboat gambling authorized under this Act
|
8 |
| regardless of whether it conducts excursion cruises. A licensee |
9 |
| may permit
the continuous ingress and egress of passengers for |
10 |
| the purpose of
gambling.
|
11 |
| (d) Gambling that is conducted in accordance with this Act |
12 |
| using slot
machines, video games of chance, and electronic |
13 |
| gambling games shall be authorized at electronic gaming
|
14 |
| facilities as provided in this Act.
|
15 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
16 |
| (230 ILCS 10/4) (from Ch. 120, par. 2404)
|
17 |
| Sec. 4. Definitions. As used in this Act:
|
18 |
| "Authority" means the Chicago Casino Development |
19 |
| Authority. |
20 |
| "State Authority" means the Illinois Casino Development |
21 |
| Authority. |
22 |
| (a) "Board" means the Illinois Gaming Board.
|
23 |
| (b) "Occupational license" means a license issued by the |
24 |
| Board to a
person or entity to perform an occupation which the |
25 |
| Board has identified as
requiring a license to engage in |
|
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| riverboat gambling in Illinois.
|
2 |
| (c) "Gambling game" includes, but is not limited to, |
3 |
| baccarat,
twenty-one, poker, craps, slot machine, video game of |
4 |
| chance, roulette
wheel, klondike table, punchboard, faro |
5 |
| layout, keno layout, numbers
ticket, push card, jar ticket, or |
6 |
| pull tab which is authorized by the Board
as a wagering device |
7 |
| under this Act.
|
8 |
| (d) "Riverboat" means a self-propelled excursion boat, a
|
9 |
| permanently moored barge, or permanently moored barges that are |
10 |
| permanently
fixed together to operate as one vessel, on which |
11 |
| lawful gambling is
authorized and licensed as
provided in this |
12 |
| Act.
|
13 |
| (e) "Managers license" means a license issued by the Board |
14 |
| to a person or
entity
to manage gambling operations conducted |
15 |
| by the State pursuant to Section 7.3.
|
16 |
| (f) "Dock" means the location where a riverboat moors for |
17 |
| the purpose of
embarking passengers for and disembarking |
18 |
| passengers from the riverboat.
|
19 |
| (g) "Gross receipts" means the total amount of cash or any |
20 |
| instrument exchangeable for cash money exchanged for the
|
21 |
| purchase of chips, tokens or electronic cards by riverboat |
22 |
| patrons on a riverboat, in a casino, or at an electronic gaming |
23 |
| facility . "Gross receipts" includes revenues derived by the |
24 |
| gaming licensee from the conduct of electronic poker.
|
25 |
| (h) "Adjusted gross receipts" means the gross receipts less
|
26 |
| winnings paid to wagerers.
|
|
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| (i) "Cheat" means to alter the selection of criteria which |
2 |
| determine the
result of a gambling game or electronic poker |
3 |
| outcome or the amount or frequency of payment in a gambling
|
4 |
| game or electronic poker .
|
5 |
| (j) "Department" means the Department of Revenue.
|
6 |
| (k) "Gambling operation" means the conduct of authorized |
7 |
| gambling games
and electronic poker authorized under this Act |
8 |
| on upon a riverboat , in a casino, or at an electronic gaming |
9 |
| facility as authorized under this Act .
|
10 |
| (l) "License bid" means the lump sum amount of money that |
11 |
| an applicant
bids and agrees to pay the State in return for an |
12 |
| owners license that is
re-issued on or after July 1, 2003.
|
13 |
| (m) The terms "minority person" and "female" shall have the |
14 |
| same meaning
as
defined in
Section 2 of the Business Enterprise |
15 |
| for Minorities, Females, and Persons with
Disabilities Act.
|
16 |
| "Casino" means a land-based facility at which lawful |
17 |
| gambling is authorized and licensed as provided in this Act.
|
18 |
| "Owners license" means a license to conduct riverboat |
19 |
| gambling operations,
but does not include a casino license or |
20 |
| an electronic gaming license.
|
21 |
| "Electronic gaming license" means a license issued by the |
22 |
| Board under
Section 7.7 of this Act authorizing electronic |
23 |
| gaming at an electronic gaming
facility.
|
24 |
| "Electronic gaming" means the conduct of gambling using |
25 |
| slot machines, video games of chance, and electronic gambling |
26 |
| games
at a race track licensed under the Illinois Horse
Racing |
|
|
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| Act of 1975 pursuant to the Illinois Horse Racing Act of 1975 |
2 |
| and this
Act.
|
3 |
| "Electronic gaming facility" means the area where the Board |
4 |
| has
authorized electronic gaming at a race track of an |
5 |
| organization licensee under the
Illinois Horse Racing Act of |
6 |
| 1975 that holds an electronic gaming license. |
7 |
| "Organization license" means a license issued by the |
8 |
| Illinois Racing
Board authorizing the conduct of pari-mutuel |
9 |
| wagering in accordance with the Illinois Horse
Racing Act of |
10 |
| 1975.
|
11 |
| "Gaming license" includes an owners license, a casino |
12 |
| license, an electronic gaming license, a managers license, and |
13 |
| a casino operator license. |
14 |
| "Licensed facility" means a riverboat, a casino, or an |
15 |
| electronic gaming facility. |
16 |
| "Electronic poker" means a form of gambling operation by |
17 |
| which players can play poker electronically via a network of |
18 |
| machines at the same or any other licensed facility in this |
19 |
| State. "Electronic poker" is not considered a gambling game as |
20 |
| defined by this Act. |
21 |
| "Casino license" means a license held to conduct or cause |
22 |
| to be conducted gambling operations at a casino. |
23 |
| "Casino operator license" means a license held by a person |
24 |
| or entity selected to manage and operate a casino pursuant to a |
25 |
| casino management contract. |
26 |
| "License" includes all licenses authorized under this Act, |
|
|
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|
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| including a gaming license, an occupational license, and |
2 |
| suppliers license. |
3 |
| "State casino license" means the license held by the State |
4 |
| Authority to conduct or cause to be conducted gambling |
5 |
| operations at a casino pursuant to this Act and the Illinois |
6 |
| Casino Development Authority Act. |
7 |
| "State casino operator license" means the license held by |
8 |
| the person or entity selected by the State Authority to manage |
9 |
| and operate a casino within the State pursuant to a casino |
10 |
| management contract, as provided for under the Illinois Casino |
11 |
| Development Authority Act. |
12 |
| (Source: P.A. 95-331, eff. 8-21-07.)
|
13 |
| (230 ILCS 10/5)
(from Ch. 120, par. 2405)
|
14 |
| Sec. 5. Gaming Board.
|
15 |
| (a) (1) There is hereby established the within the |
16 |
| Department of Revenue an
Illinois Gaming Board , which shall |
17 |
| have the powers and duties specified in
this Act, and all other |
18 |
| powers necessary and proper to fully and
effectively execute |
19 |
| this Act for the purpose of administering and , regulating ,
and |
20 |
| enforcing the system of riverboat gambling established by this |
21 |
| Act. Its
jurisdiction shall extend under this Act to every |
22 |
| person, association,
corporation, partnership and trust |
23 |
| involved in riverboat gambling
operations in the State of |
24 |
| Illinois.
|
25 |
| (2) The Board shall consist of 5 members to be appointed by |
|
|
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| the Governor
with the advice and consent of the Senate, one of |
2 |
| whom shall be designated
by the Governor to be chairperson |
3 |
| chairman . Each member shall have a reasonable
knowledge of the |
4 |
| practice, procedure and principles of gambling operations.
|
5 |
| Each member shall either be a resident of Illinois or shall |
6 |
| certify that he
or she will become a resident of Illinois |
7 |
| before taking office. The term of office of each member of the |
8 |
| Board serving on the effective date of this amendatory Act of |
9 |
| the 95th General Assembly ends when all of their successors are |
10 |
| appointed and qualified pursuant to this amendatory Act of the |
11 |
| 95th General Assembly. Members appointed pursuant to this |
12 |
| amendatory Act of the 95th General Assembly and their |
13 |
| successors shall serve on a full-time basis and may not hold |
14 |
| any other employment for which they are compensated. |
15 |
| Beginning on the effective date of this amendatory Act of |
16 |
| the 95th General Assembly, the Board shall consist of 5 members |
17 |
| appointed by the Governor from nominations presented to the |
18 |
| Governor by the Nomination Panel and with the advice and |
19 |
| consent of the Senate. The Board must include the following: |
20 |
| (1) One member must have, at a minimum, a bachelor's |
21 |
| degree from an accredited school and at least 10 years of |
22 |
| verifiable training and experience in the fields of |
23 |
| investigation and law enforcement. |
24 |
| (2) One member must be a certified public accountant |
25 |
| with experience in auditing and with knowledge of complex |
26 |
| corporate structures and transactions. |
|
|
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| (3) Two members must have 5 years' experience as a |
2 |
| principal, senior officer, or director of a company or |
3 |
| business with either material responsibility for the daily |
4 |
| operations and management of the overall company or |
5 |
| business or material responsibility for the policy making |
6 |
| of the company or business. |
7 |
| (4) One member must be a former judge elected or |
8 |
| appointed to judicial office in Illinois or former federal |
9 |
| judge appointed to serve in Illinois. |
10 |
| No more than 3 members of the Board may be from the same |
11 |
| political party. No more than 3 members may reside within Cook, |
12 |
| Will, Lake, DuPage, or Kane County. The Board should reflect |
13 |
| the ethnic, cultural, and geographic diversity of the State. |
14 |
| Each member shall have a reasonable knowledge of the practice, |
15 |
| procedures, and principles of gambling operations. No Board |
16 |
| member, within a period of 2 years immediately preceding |
17 |
| nomination, shall have been employed or received compensation |
18 |
| or fees for services from a person or entity, or its parent or |
19 |
| affiliate, that has engaged in business with the Board, a |
20 |
| licensee, or a licensee under the Horse Racing Act of 1975. |
21 |
| Each member shall either be a resident of Illinois or shall |
22 |
| certify that he or she will become a resident of Illinois |
23 |
| before taking office. At least one member
shall be experienced |
24 |
| in law enforcement and criminal investigation, at
least one |
25 |
| member shall be a certified public accountant experienced in
|
26 |
| accounting and auditing, and at least one member shall be a |
|
|
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|
1 |
| lawyer licensed
to practice law in Illinois.
|
2 |
| (3) The terms of office of the Board members shall be 4 3 |
3 |
| years, except
that the terms of office of the initial Board |
4 |
| members appointed pursuant to
this amendatory Act of the 95th |
5 |
| General Assembly Act will commence from the effective date of |
6 |
| this amendatory Act and run as
follows , to be determined by |
7 |
| lot : one for a term ending July 1 of the year following |
8 |
| confirmation , 1991 , one 2 for a term ending July 1 two years |
9 |
| following confirmation ,
1992 , one and 2 for a term ending July |
10 |
| 1 three years following confirmation , and 2 for a term ending |
11 |
| July 1 four years following confirmation 1993 . Upon the |
12 |
| expiration of the
foregoing terms, the successors of such |
13 |
| members shall serve a term for 4 3
years and until their |
14 |
| successors are appointed and qualified for like terms.
|
15 |
| Vacancies in the Board shall be filled for the unexpired term |
16 |
| in like
manner as original appointments. Each member of the |
17 |
| Board shall be
eligible for reappointment , subject to the |
18 |
| nomination process of the Nomination Panel, by at the |
19 |
| discretion of the Governor with the
advice and consent of the |
20 |
| Senate.
|
21 |
| Until all 5 members of the Board are appointed and |
22 |
| qualified pursuant to this amendatory Act of the 95th General |
23 |
| Assembly, the Illinois Gaming Board may not act with regard to |
24 |
| any license under which gambling operations are not being |
25 |
| conducted on the effective date of this amendatory Act, |
26 |
| excluding the dormant license as defined in subsection (a-3) of |
|
|
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|
1 |
| Section 13; however, the Board may authorize additional |
2 |
| positions at riverboats in operation on the effective date of |
3 |
| this amendatory Act and issue electronic gaming licenses |
4 |
| pursuant to this amendatory Act. |
5 |
| (4) The chairman of the Board shall receive an annual |
6 |
| salary equal to the annual salary of a State appellate court |
7 |
| judge. Other members of the Board shall receive an annual |
8 |
| salary equal to the annual salary of a State circuit court |
9 |
| judge. Each member of the Board shall receive $300 for each day |
10 |
| the
Board meets and for each day the member conducts any |
11 |
| hearing pursuant to
this Act. Each member of the Board shall |
12 |
| also be reimbursed for all actual
and necessary expenses and |
13 |
| disbursements incurred in the execution of official
duties.
|
14 |
| (5) (Blank). No person shall be appointed a member of the |
15 |
| Board or continue to be
a member of the Board who is, or whose |
16 |
| spouse, child or parent is, a member
of the board of directors |
17 |
| of, or a person financially interested in, any
gambling |
18 |
| operation subject to the jurisdiction of this Board, or any |
19 |
| race
track, race meeting, racing association or the operations |
20 |
| thereof subject
to the jurisdiction of the Illinois Racing |
21 |
| Board. No Board member shall
hold any other public office for |
22 |
| which he shall receive compensation other
than necessary travel |
23 |
| or other incidental expenses. No person shall be a
member of |
24 |
| the Board who is not of good moral character or who has been
|
25 |
| convicted of, or is under indictment for, a felony under the |
26 |
| laws of
Illinois or any other state, or the United States.
|
|
|
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|
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| (6) Any member of the Board may be removed by the Governor |
2 |
| for neglect
of duty, misfeasance, malfeasance, or nonfeasance |
3 |
| in office or for engaging in any political activity .
|
4 |
| (7) Before entering upon the discharge of the duties of his |
5 |
| office, each
member of the Board shall take an oath that he |
6 |
| will faithfully execute the
duties of his office according to |
7 |
| the laws of the State and the rules and
regulations adopted |
8 |
| therewith and shall give bond to the State of Illinois,
|
9 |
| approved by the Governor, in the sum of $25,000. Every such |
10 |
| bond, when
duly executed and approved, shall be recorded in the |
11 |
| office of the
Secretary of State. Whenever the Governor |
12 |
| determines that the bond of any
member of the Board has become |
13 |
| or is likely to become invalid or
insufficient, he shall |
14 |
| require such member forthwith to renew his bond,
which is to be |
15 |
| approved by the Governor. Any member of the Board who fails
to |
16 |
| take oath and give bond within 30 days from the date of his |
17 |
| appointment,
or who fails to renew his bond within 30 days |
18 |
| after it is demanded by the
Governor, shall be guilty of |
19 |
| neglect of duty and may be removed by the
Governor. The cost of |
20 |
| any bond given by any member of the Board under this
Section |
21 |
| shall be taken to be a part of the necessary expenses of the |
22 |
| Board.
|
23 |
| (8) The Upon the request of the Board , the Department shall |
24 |
| employ such
personnel as may be necessary to carry out its the |
25 |
| functions and shall determine the salaries of all personnel, |
26 |
| except those personnel whose salaries are determined under the |
|
|
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|
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| terms of a collective bargaining agreement of the Board . No
|
2 |
| person shall be employed to serve the Board who is, or whose |
3 |
| spouse, parent
or child is, an official of, or has a financial |
4 |
| interest in or financial
relation with, any operator engaged in |
5 |
| gambling operations within this
State or any organization |
6 |
| engaged in conducting horse racing within this
State. For the 2 |
7 |
| years immediately preceding employment, an employee shall not |
8 |
| have been employed or received compensation or fees for |
9 |
| services from a person or entity, or its parent or affiliate, |
10 |
| that has engaged in business with the Board, a licensee, or a |
11 |
| licensee under the Horse Racing Act of 1975. Any employee |
12 |
| violating these prohibitions shall be subject to
termination of |
13 |
| employment.
|
14 |
| (9) An Administrator shall perform any and all duties that |
15 |
| the Board
shall assign him. The salary of the Administrator |
16 |
| shall be determined by
the Board and approved by the Director |
17 |
| of the Department and, in addition,
he shall be reimbursed for |
18 |
| all actual and necessary expenses incurred by
him in discharge |
19 |
| of his official duties. The Administrator shall keep
records of |
20 |
| all proceedings of the Board and shall preserve all records,
|
21 |
| books, documents and other papers belonging to the Board or |
22 |
| entrusted to
its care. The Administrator shall devote his full |
23 |
| time to the duties of
the office and shall not hold any other |
24 |
| office or employment.
|
25 |
| (b) The Board shall have general responsibility for the |
26 |
| implementation
of this Act. Its duties include, without |
|
|
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|
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| limitation, the following:
|
2 |
| (1) To decide promptly and in reasonable order all |
3 |
| license applications.
Any party aggrieved by an action of |
4 |
| the Board denying, suspending,
revoking, restricting or |
5 |
| refusing to renew a license may request a hearing
before |
6 |
| the Board. A request for a hearing must be made to the |
7 |
| Board in
writing within 5 days after service of notice of |
8 |
| the action of the Board.
Notice of the action of the Board |
9 |
| shall be served either by personal
delivery or by certified |
10 |
| mail, postage prepaid, to the aggrieved party.
Notice |
11 |
| served by certified mail shall be deemed complete on the |
12 |
| business
day following the date of such mailing. The Board |
13 |
| shall conduct all
requested hearings promptly and in |
14 |
| reasonable order;
|
15 |
| (2) To conduct all hearings pertaining to civil |
16 |
| violations of this Act
or rules and regulations promulgated |
17 |
| hereunder;
|
18 |
| (3) To promulgate such rules and regulations as in its |
19 |
| judgment may be
necessary to protect or enhance the |
20 |
| credibility and integrity of gambling
operations |
21 |
| authorized by this Act and the regulatory process |
22 |
| hereunder;
|
23 |
| (4) To provide for the establishment and collection of |
24 |
| all license and
registration fees and taxes imposed by this |
25 |
| Act and the rules and
regulations issued pursuant hereto. |
26 |
| All such fees and taxes shall be
deposited into the State |
|
|
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|
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| Gaming Fund , unless otherwise provided for ;
|
2 |
| (5) To provide for the levy and collection of penalties |
3 |
| and fines for the
violation of provisions of this Act and |
4 |
| the rules and regulations
promulgated hereunder. All such |
5 |
| fines and penalties shall be deposited
into the Education |
6 |
| Assistance Fund, created by Public Act 86-0018, of the
|
7 |
| State of Illinois;
|
8 |
| (6) (Blank) To be present through its inspectors and |
9 |
| agents any time gambling
operations are conducted on any |
10 |
| riverboat
for the purpose of certifying the
revenue |
11 |
| thereof, receiving complaints from the public, and |
12 |
| conducting such
other investigations into the conduct of |
13 |
| the gambling games and the
maintenance of the equipment as |
14 |
| from time to time the Board may deem
necessary and proper ;
|
15 |
| (7) To review and rule upon any complaint by a licensee
|
16 |
| regarding any investigative procedures of the State which |
17 |
| are unnecessarily
disruptive of gambling operations. The |
18 |
| need to inspect and investigate
shall be presumed at all |
19 |
| times. The disruption of a licensee's operations
shall be |
20 |
| proved by clear and convincing evidence, and establish |
21 |
| that: (A)
the procedures had no reasonable law enforcement |
22 |
| purposes, and (B) the
procedures were so disruptive as to |
23 |
| unreasonably inhibit gambling operations;
|
24 |
| (8) (Blank) To hold at least one meeting each quarter |
25 |
| of the fiscal
year. In addition, special meetings may be |
26 |
| called by the Chairman or any 2
Board members upon 72 hours |
|
|
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|
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| written notice to each member. All Board
meetings shall be |
2 |
| subject to the Open Meetings Act. Three members of the
|
3 |
| Board shall constitute a quorum, and 3 votes shall be |
4 |
| required for any
final determination by the Board. The |
5 |
| Board shall keep a complete and
accurate record of all its |
6 |
| meetings. A majority of the members of the Board
shall |
7 |
| constitute a quorum for the transaction of any business, |
8 |
| for the
performance of any duty, or for the exercise of any |
9 |
| power which this Act
requires the Board members to |
10 |
| transact, perform or exercise en banc, except
that, upon |
11 |
| order of the Board, one of the Board members or an
|
12 |
| administrative law judge designated by the Board may |
13 |
| conduct any hearing
provided for under this Act or by Board |
14 |
| rule and may recommend findings and
decisions to the Board. |
15 |
| The Board member or administrative law judge
conducting |
16 |
| such hearing shall have all powers and rights granted to |
17 |
| the
Board in this Act. The record made at the time of the |
18 |
| hearing shall be
reviewed by the Board, or a majority |
19 |
| thereof, and the findings and decision
of the majority of |
20 |
| the Board shall constitute the order of the Board in
such |
21 |
| case ;
|
22 |
| (9) To maintain records which are separate and distinct |
23 |
| from the records
of any other State board or commission. |
24 |
| Such records shall be available
for public inspection and |
25 |
| shall accurately reflect all Board proceedings;
|
26 |
| (10) (Blank) To file a written annual report with the |
|
|
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|
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| Governor on or before
March 1 each year and such additional |
2 |
| reports as the Governor may request.
The annual report |
3 |
| shall include a statement of receipts and disbursements
by |
4 |
| the Board, actions taken by the Board, and any additional |
5 |
| information
and recommendations which the Board may deem |
6 |
| valuable or which the Governor
may request ;
|
7 |
| (11) (Blank); and
|
8 |
| (12) (Blank); and To assume responsibility for the |
9 |
| administration and
enforcement of the Bingo License and Tax |
10 |
| Act, the Charitable Games Act, and
the Pull Tabs and Jar |
11 |
| Games Act if such responsibility is delegated to it
by the |
12 |
| Director of Revenue.
|
13 |
| (13) To assume responsibility for the administration |
14 |
| and enforcement
of operations at electronic gaming |
15 |
| facilities pursuant to this Act.
|
16 |
| (c) The Board shall have jurisdiction over and shall |
17 |
| supervise all
gambling operations governed by this Act. The |
18 |
| Board shall have all powers
necessary and proper to fully and |
19 |
| effectively execute the provisions of
this Act, including, but |
20 |
| not limited to, the following:
|
21 |
| (1) To investigate applicants and determine the |
22 |
| eligibility of
applicants for licenses and to select among |
23 |
| competing applicants the
applicants which best serve the |
24 |
| interests of the citizens of Illinois.
|
25 |
| (2) To have jurisdiction and supervision over all |
26 |
| riverboat gambling
operations authorized under this Act
in |
|
|
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|
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| this State and all persons in
places
on riverboats where |
2 |
| gambling
operations are conducted.
|
3 |
| (3) To promulgate rules and regulations for the purpose |
4 |
| of administering
the provisions of this Act and to |
5 |
| prescribe rules, regulations and
conditions under which |
6 |
| all riverboat gambling operations subject to this
Act
in |
7 |
| the State shall be
conducted. Such rules and regulations |
8 |
| are to provide for the prevention of
practices detrimental |
9 |
| to the public interest and for the best interests of
|
10 |
| riverboat gambling, including rules and regulations |
11 |
| regarding the
inspection of licensed facilities
such |
12 |
| riverboats and the
review of any permits or licenses
|
13 |
| necessary to operate a licensed facility riverboat under |
14 |
| any laws or regulations applicable
to licensed facilities |
15 |
| riverboats, and to impose penalties for violations |
16 |
| thereof.
|
17 |
| (4) (Blank). To enter the office, riverboats, |
18 |
| facilities, or other
places of business of a licensee, |
19 |
| where evidence of the compliance or
noncompliance with the |
20 |
| provisions of this Act is likely to be found.
|
21 |
| (5) To investigate alleged violations of this Act or |
22 |
| the
rules of the Board and to take appropriate disciplinary
|
23 |
| action against a licensee or a holder of an occupational |
24 |
| license for a
violation, or institute appropriate legal |
25 |
| action for enforcement, or both.
|
26 |
| (6) To adopt standards for the licensing of all persons |
|
|
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|
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| under this Act,
as well as for electronic or mechanical |
2 |
| gambling games, and to establish
fees for such licenses.
|
3 |
| (7) To adopt appropriate standards for all licensed
|
4 |
| facilities authorized under this Act
riverboats
and
|
5 |
| facilities .
|
6 |
| (8) To require that the records, including financial or |
7 |
| other statements
of any licensee under this Act, shall be |
8 |
| kept in such manner as prescribed
by the Board and that any |
9 |
| such licensee involved in the ownership or
management of |
10 |
| gambling operations submit to the Board an annual balance
|
11 |
| sheet and profit and loss statement, list of the |
12 |
| stockholders or other
persons having a 1% or greater |
13 |
| beneficial interest in the gambling
activities of each |
14 |
| licensee, and any other information the Board deems
|
15 |
| necessary in order to effectively administer this Act and |
16 |
| all rules,
regulations, orders and final decisions |
17 |
| promulgated under this Act.
|
18 |
| (9) To conduct hearings, issue subpoenas for the |
19 |
| attendance of
witnesses and subpoenas duces tecum for the |
20 |
| production of books, records
and other pertinent documents |
21 |
| in accordance with the Illinois
Administrative Procedure |
22 |
| Act, and to administer oaths and affirmations to
the |
23 |
| witnesses, when, in the judgment of the Board, it is |
24 |
| necessary to
administer or enforce this Act or the Board |
25 |
| rules.
|
26 |
| (10) To prescribe a form to be used by any licensee |
|
|
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|
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| involved in the
ownership or management of gambling |
2 |
| operations as an
application for employment for their |
3 |
| employees.
|
4 |
| (11) To revoke or suspend licenses, as the Board may |
5 |
| see fit and in
compliance with applicable laws of the State |
6 |
| regarding administrative
procedures, and to review |
7 |
| applications for the renewal of licenses. |
8 |
| (11.5) To The
Board may suspend a an owners license, |
9 |
| without
notice or hearing , upon a
determination that the |
10 |
| safety or health of patrons or employees is
jeopardized by |
11 |
| continuing a gambling operation conducted under that |
12 |
| license
a riverboat's operation . The suspension may
remain |
13 |
| in effect until the Board determines that the cause for |
14 |
| suspension
has been abated. After such a suspension, the |
15 |
| The Board may revoke a the owners license upon a
|
16 |
| determination that the licensee
owner has not made |
17 |
| satisfactory
progress toward
abating the hazard.
|
18 |
| (12) (Blank). To eject or exclude or authorize the |
19 |
| ejection or exclusion of, any
person from riverboat |
20 |
| gambling facilities where
such person is
in violation
of |
21 |
| this Act, rules and regulations thereunder, or final orders |
22 |
| of the
Board, or where such person's conduct or reputation |
23 |
| is such that his
presence within the riverboat gambling |
24 |
| facilities may, in the opinion of
the Board, call into |
25 |
| question the honesty and integrity of the gambling
|
26 |
| operations or interfere with orderly conduct thereof; |
|
|
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|
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| provided that the
propriety of such ejection or exclusion |
2 |
| is subject to subsequent hearing
by the Board.
|
3 |
| (13) To require all gaming licensees of gambling |
4 |
| operations to utilize a
cashless wagering system whereby |
5 |
| all players' money is converted to tokens,
electronic |
6 |
| cards, or chips which shall be used only for wagering in |
7 |
| the
gambling establishment.
|
8 |
| (14) (Blank).
|
9 |
| (15) To suspend, revoke or restrict licenses, to |
10 |
| require the
removal of a licensee or an employee of a |
11 |
| licensee for a violation of this
Act or a Board rule or for |
12 |
| engaging in a fraudulent practice, and to
impose civil |
13 |
| penalties of up to $5,000 against individuals and up to
|
14 |
| $10,000 or an amount equal to the daily gross receipts, |
15 |
| whichever is
larger, against licensees for each violation |
16 |
| of any provision of the Act,
any rules adopted by the |
17 |
| Board, any order of the Board or any other action
which, in |
18 |
| the Board's discretion, is a detriment or impediment to |
19 |
| riverboat
gambling operations.
|
20 |
| (16) To hire employees to gather information, conduct |
21 |
| investigations
and carry out any other tasks contemplated |
22 |
| under this Act.
|
23 |
| (17) To establish minimum levels of insurance to be |
24 |
| maintained by
licensees.
|
25 |
| (18) To authorize a gaming licensee to sell or serve |
26 |
| alcoholic liquors, wine or
beer as defined in the Liquor |
|
|
|
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|
1 |
| Control Act of 1934 in a licensed facility on board a |
2 |
| riverboat
and to have exclusive authority to establish the |
3 |
| hours for sale and
consumption of alcoholic liquor in a |
4 |
| licensed facility on board a riverboat , notwithstanding |
5 |
| any
provision of the Liquor Control Act of 1934 or any |
6 |
| local ordinance, and
regardless of whether the riverboat |
7 |
| makes excursions. The
establishment of the hours for sale |
8 |
| and consumption of alcoholic liquor in a licensed facility |
9 |
| on
board a riverboat is an exclusive power and function of |
10 |
| the State. A home
rule unit may not establish the hours for |
11 |
| sale and consumption of alcoholic
liquor in a licensed |
12 |
| facility on board a riverboat . This subdivision (18)
|
13 |
| amendatory Act of
1991 is a denial and
limitation of home |
14 |
| rule powers and functions under subsection (h) of
Section 6 |
15 |
| of Article VII of the Illinois Constitution.
|
16 |
| (19) After consultation with the U.S. Army Corps of |
17 |
| Engineers, to
establish binding emergency orders upon the |
18 |
| concurrence of a majority of
the members of the Board |
19 |
| regarding the navigability of water, relative to
|
20 |
| excursions,
in the event
of extreme weather conditions, |
21 |
| acts of God or other extreme circumstances.
|
22 |
| (20) To delegate the execution of any of its powers |
23 |
| under this Act for
the purpose of administering and |
24 |
| enforcing this Act and its rules and
regulations hereunder.
|
25 |
| (21) To make rules concerning the conduct of electronic |
26 |
| gaming.
|
|
|
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09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| (22) To make rules concerning the conduct of electronic |
2 |
| poker. |
3 |
| (23) To review all contracts entered into by gaming |
4 |
| licensees authorized under this Act. The Board must review |
5 |
| and approve all contracts entered into by a gaming licensee |
6 |
| for an aggregate amount of $10,000 or more or for a term to |
7 |
| exceed 365 days. If an electronic gaming licensee enters |
8 |
| into a contract that is exclusively related to the |
9 |
| operation of the licensee's race track, however, then no |
10 |
| Board approval is necessary. If there is any doubt as to |
11 |
| whether a contract entered into is exclusively related to |
12 |
| the operation of the licensee's race track, then the |
13 |
| contract shall be determined to be subject to the |
14 |
| jurisdiction of the Board. If a contract has been entered |
15 |
| into prior to Board authorization of a requested action, |
16 |
| including without limitation a contract for a construction |
17 |
| project for expansion of a facility, or for construction of |
18 |
| a relocated facility, then the contract is not valid until |
19 |
| the Board approves both the requested action and the |
20 |
| contract itself.
|
21 |
| (24)
(21) To take any other action as may be reasonable |
22 |
| or
appropriate to
enforce this Act and rules and |
23 |
| regulations hereunder.
|
24 |
| (d) (Blank). The Board may seek and shall receive the |
25 |
| cooperation of the
Department of State Police in conducting |
26 |
| background investigations of
applicants and in fulfilling its |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| responsibilities under
this Section. Costs incurred by the |
2 |
| Department of State Police as
a result of such cooperation |
3 |
| shall be paid by the Board in conformance
with the requirements |
4 |
| of Section 2605-400 of the Department of State Police Law
(20 |
5 |
| ILCS 2605/2605-400).
|
6 |
| (e) (Blank). The Board must authorize to each investigator |
7 |
| and to any other
employee of the Board exercising the powers of |
8 |
| a peace officer a distinct badge
that, on its face, (i) clearly |
9 |
| states that the badge is authorized by the Board
and
(ii) |
10 |
| contains a unique identifying number. No other badge shall be |
11 |
| authorized
by the Board.
|
12 |
| (f) Except as provided in subsection (h) of Section 5.4, |
13 |
| all Board meetings are subject to the Open Meetings Act. Three |
14 |
| members of the Board constitute a quorum, and 3 votes are |
15 |
| required for any final determination by the Board. The Board |
16 |
| shall keep a complete and accurate record of all its meetings. |
17 |
| A majority of the members of the Board constitute a quorum for |
18 |
| the transaction of any business, for the performance of any |
19 |
| duty, or for the exercise of any power that this Act requires |
20 |
| the Board members to transact, perform, or exercise en banc, |
21 |
| except that, upon order of the Board, one of the Board members |
22 |
| or an administrative law judge designated by the Board may |
23 |
| conduct any hearing provided for under this Act or by Board |
24 |
| rule and may recommend findings and decisions to the Board. The |
25 |
| Board member or administrative law judge conducting such |
26 |
| hearing has all powers and rights granted to the Board in this |
|
|
|
09500HB2651sam003 |
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|
|
1 |
| Act. The record made at the time of the hearing shall be |
2 |
| reviewed by the Board, or a majority thereof, and the findings |
3 |
| and decision of the majority of the Board constitutes the order |
4 |
| of the Board in such case. |
5 |
| (g) The Board shall carry on a continuous study of the |
6 |
| operation and administration of gaming laws that may be in |
7 |
| effect in other jurisdictions, literature on this subject that |
8 |
| may from time to time become available, federal laws that may |
9 |
| affect the operation of gaming in this State, and the reaction |
10 |
| of Illinois citizens to existing and potential features of |
11 |
| gaming under this Act. The Board is responsible for |
12 |
| ascertaining any defects in this Act or in the rules adopted |
13 |
| thereunder, formulating recommendations for changes in this |
14 |
| Act to prevent abuses thereof, guarding against the use of this |
15 |
| Act as a cloak for the carrying on of illegal gambling or other |
16 |
| criminal activities, and insuring that this Act and the rules |
17 |
| are in such form and so administered as to serve the true |
18 |
| purposes of this Act. |
19 |
| (h) Prior to the issuance of the license authorized by |
20 |
| Section 7.11a, the Board shall conduct a study of the |
21 |
| feasibility of granting that license to the State Authority as |
22 |
| opposed to a privately owned authority. In conducting this |
23 |
| study, the Board shall consider: |
24 |
| (1) the highest prospective total revenue to be derived |
25 |
| by the State from the conduct of gambling as operated by |
26 |
| the State Authority as opposed to a privately owned |
|
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| authority; |
2 |
| (2) whether granting the license to the State Authority |
3 |
| will maintain public confidence and trust in the |
4 |
| credibility and integrity of the gambling operations; |
5 |
| (3) the operation and administration of publicly owned |
6 |
| gaming operations in other jurisdictions; |
7 |
| (4) the reaction of Illinois citizens to a publicly |
8 |
| owned authority; |
9 |
| (5) whether the State Authority has a greater financial |
10 |
| ability to insure against liability and casualty; |
11 |
| (6) whether the State Authority can more adequately |
12 |
| assure capitalization to provide and maintain, for the |
13 |
| duration of a license, a gaming operation; |
14 |
| (7) the extent to which the State Authority exceeds or |
15 |
| meets the standards for the issuance of a license, which |
16 |
| the Board may adopt by rule; and |
17 |
| (8) the most significant economic development over a |
18 |
| large geographic area from the conduct of gambling as |
19 |
| operated by the State Authority as opposed to a privately |
20 |
| owner authority. |
21 |
| The study required under this subsection (h) shall be |
22 |
| completed within one year after the appointment of the Board |
23 |
| authorized under this amendatory Act of the 95th General |
24 |
| Assembly. |
25 |
| (i) The Board shall file with the Governor and the General |
26 |
| Assembly an annual report of (i) all revenues, expenses, and |
|
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| disbursements, (ii) actions taken by the Board, (iii) activity |
2 |
| at Responsible Play Information Centers at licensed |
3 |
| facilities, and (iv) any recommendations for changes in this |
4 |
| Act as the Board deems necessary or desirable. The Board shall |
5 |
| also report recommendations that promote more efficient |
6 |
| operations of the Board. |
7 |
| (j) The Board shall report immediately to the Governor and |
8 |
| the General Assembly any matters that in its judgment require |
9 |
| immediate changes in the laws of this State in order to prevent |
10 |
| abuses and evasions of this Act or of its rules or to rectify |
11 |
| undesirable conditions in connection with the operation and |
12 |
| regulation of gambling operations. |
13 |
| (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, |
14 |
| eff.
1-1-01.)
|
15 |
| (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
|
16 |
| Sec. 5.1. Disclosure of records.
|
17 |
| (a) Notwithstanding any applicable statutory provision to |
18 |
| the contrary,
the Board shall, on written request from any |
19 |
| person, provide
information furnished by an applicant for a |
20 |
| gaming license or a gaming licensee concerning the applicant
or |
21 |
| licensee, his products, services or gambling enterprises and |
22 |
| his
business holdings, as follows:
|
23 |
| (1) The name, business address and business telephone |
24 |
| number of any
applicant or licensee.
|
25 |
| (2) An identification of any applicant or licensee |
|
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| including, if an
applicant or licensee is not an |
2 |
| individual, the state of incorporation or
registration, |
3 |
| the corporate officers, and the identity of all |
4 |
| shareholders
or participants. If an applicant or licensee |
5 |
| has a pending registration
statement filed with the |
6 |
| Securities and Exchange Commission, only the names
of those |
7 |
| persons or entities holding interest of 1% 5% or more must |
8 |
| be provided.
|
9 |
| (3) An identification of any business, including, if |
10 |
| applicable, the
state of incorporation or registration, in |
11 |
| which an applicant or licensee
or an applicant's or |
12 |
| licensee's spouse or children has an equity interest
of |
13 |
| more than 1% 5% . If an applicant or licensee is a |
14 |
| corporation, partnership
or other business entity, the |
15 |
| applicant or licensee shall identify any
other |
16 |
| corporation, partnership or business entity in which it has |
17 |
| an equity
interest of 1% 5% or more, including, if |
18 |
| applicable, the state of
incorporation or registration. |
19 |
| This information need not be provided by a
corporation, |
20 |
| partnership or other business entity that has a pending
|
21 |
| registration statement filed with the Securities and |
22 |
| Exchange Commission.
|
23 |
| (4) Whether an applicant or licensee has been indicted, |
24 |
| convicted,
pleaded guilty or nolo contendere, or forfeited |
25 |
| bail concerning any
criminal offense under the laws of any |
26 |
| jurisdiction, either felony or
misdemeanor (except for |
|
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| traffic violations), including the date, the name
and |
2 |
| location of the court, arresting agency and prosecuting |
3 |
| agency, the
case number, the offense, the disposition and |
4 |
| the location and length of
incarceration.
|
5 |
| (5) Whether an applicant or licensee has had any |
6 |
| license or
certificate issued by a licensing authority in |
7 |
| Illinois or any other
jurisdiction denied, restricted, |
8 |
| suspended, revoked or not renewed and a
statement |
9 |
| describing the facts and circumstances concerning the |
10 |
| denial,
restriction, suspension, revocation or |
11 |
| non-renewal, including the licensing
authority, the date |
12 |
| each such action was taken, and the reason for each
such |
13 |
| action.
|
14 |
| (6) Whether an applicant or licensee has ever filed or |
15 |
| had filed against
it a proceeding in bankruptcy or has ever |
16 |
| been involved in any formal
process to adjust, defer, |
17 |
| suspend or otherwise work out the payment of any
debt |
18 |
| including the date of filing, the name and location of the |
19 |
| court, the
case and number of the disposition.
|
20 |
| (7) Whether an applicant or licensee has filed, or been |
21 |
| served with a
complaint or other notice filed with any |
22 |
| public body, regarding the
delinquency in the payment of, |
23 |
| or a dispute over the filings concerning the
payment of, |
24 |
| any tax required under federal, State or local law, |
25 |
| including
the amount, type of tax, the taxing agency and |
26 |
| time periods involved.
|
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| (8) A statement listing the names and titles of all |
2 |
| public officials
or officers of any unit of government, and |
3 |
| relatives of said
public officials or officers who, |
4 |
| directly or indirectly, own
any financial interest in, have |
5 |
| any beneficial interest in, are the
creditors of or hold |
6 |
| any debt instrument issued by, or hold or have any
interest |
7 |
| in any contractual or service relationship with, an |
8 |
| applicant
or licensee.
|
9 |
| (9) Whether an applicant or licensee has made, directly |
10 |
| or indirectly,
any political contribution, or any loans, |
11 |
| donations or other payments, to
any candidate or office |
12 |
| holder, within 5 years from the date of filing the
|
13 |
| application, including the amount and the method of |
14 |
| payment.
|
15 |
| (10) The name and business telephone number of the |
16 |
| counsel
representing an applicant or licensee in matters |
17 |
| before the Board.
|
18 |
| (11) A description of any proposed or approved gambling |
19 |
| riverboat
gaming operation, including the type of boat (if |
20 |
| applicable) , home dock location, expected
economic benefit |
21 |
| to the community, anticipated or actual number of
|
22 |
| employees, any statement from an applicant or licensee |
23 |
| regarding compliance
with federal and State affirmative |
24 |
| action guidelines, projected or actual
admissions and |
25 |
| projected or actual adjusted gross gaming receipts.
|
26 |
| (12) A description of the product or service to be |
|
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| supplied by an
applicant for a supplier's license.
|
2 |
| (b) Notwithstanding any applicable statutory provision to |
3 |
| the contrary,
the Board shall, on written request from any |
4 |
| person, also provide
the following information furnished by an |
5 |
| applicant for a gaming license or gaming licensee :
|
6 |
| (1) The amount of the wagering tax and admission tax |
7 |
| paid daily to the
State of Illinois by the holder of an |
8 |
| owner's license.
|
9 |
| (2) Whenever the Board finds an applicant for an |
10 |
| owner's license
unsuitable for licensing, a copy of the |
11 |
| written letter outlining the
reasons for the denial.
|
12 |
| (3) Whenever the Board has refused to grant leave for |
13 |
| an applicant to
withdraw his application, a copy of the |
14 |
| letter outlining the reasons for
the refusal.
|
15 |
| (c) Subject to the above provisions, the Board shall not |
16 |
| disclose any
information which would be barred by:
|
17 |
| (1) Section 7 of the Freedom of Information Act; or
|
18 |
| (2) The statutes, rules, regulations or |
19 |
| intergovernmental agreements
of any jurisdiction.
|
20 |
| (d) The Board may assess fees for the copying of |
21 |
| information in
accordance with Section 6 of the Freedom of |
22 |
| Information Act.
|
23 |
| (Source: P.A. 87-826.)
|
24 |
| (230 ILCS 10/5.2 new)
|
25 |
| Sec. 5.2. Separation from Department of Revenue. On the |
|
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| effective date of this amendatory Act of the 95th General |
2 |
| Assembly, all of the powers, duties, assets, liabilities, |
3 |
| employees, contracts, property, records, pending business, and |
4 |
| unexpended appropriations of the Department of Revenue related |
5 |
| to the administration and enforcement of this Act are |
6 |
| transferred to the Illinois Gaming Board and the Office of |
7 |
| Gaming Enforcement. |
8 |
| The status and rights of the transferred employees, and the |
9 |
| rights of the State of Illinois and its agencies, under the |
10 |
| Personnel Code and applicable collective bargaining agreements |
11 |
| or under any pension, retirement, or annuity plan are not |
12 |
| affected (except as provided in the Illinois Pension Code) by |
13 |
| that transfer or by any other provision of this amendatory Act |
14 |
| of the 95th General Assembly.
|
15 |
| (230 ILCS 10/5.3 new)
|
16 |
| Sec. 5.3. Nomination Panel. |
17 |
| (a) The Nomination Panel is established to provide a list |
18 |
| of nominees to the Governor for appointment to the Illinois |
19 |
| Gaming Board, the Illinois Racing Board, the Illinois Casino |
20 |
| Development Board, and the position of Director of Gaming |
21 |
| Enforcement. Members of the Nomination Panel shall be the |
22 |
| following: (1) the Executive Ethics Commissioner appointed by |
23 |
| the Secretary of State; (2) the Executive Ethics Commissioner |
24 |
| appointed by the Treasurer; (3) the Executive Ethics |
25 |
| Commissioner appointed by the Comptroller; (4) the Executive |
|
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| Ethics Commissioner appointed by the Attorney General; and (5) |
2 |
| one Executive Ethics Commissioner appointed by the Governor. |
3 |
| However, the appointing authorities as of the effective date of |
4 |
| this amendatory Act of the 95th General Assembly shall remain |
5 |
| empowered to fill vacancies on the Nomination Panel until all |
6 |
| members of the new Gaming Board, Racing Board, and Illinois |
7 |
| Casino Development Board and the Director of Gaming Enforcement |
8 |
| have been appointed and qualified, regardless of whether such |
9 |
| appointing authorities remain members of the Executive Ethics |
10 |
| Commission. In the event of such appointing authority's |
11 |
| disqualification, resignation, or refusal to serve as an |
12 |
| appointing authority, the Constitutional officer that |
13 |
| appointed the Executive Ethics Commissioner may name a designee |
14 |
| to serve as an appointing authority for the Nomination Panel. |
15 |
| The appointing authorities may hold so many public or |
16 |
| non-public meetings as is required to fulfill their duties, and |
17 |
| may utilize the staff and budget of the Executive Ethics |
18 |
| Commission in carrying out their duties; provided, however, |
19 |
| that a final vote on appointees to the Nomination Panel shall |
20 |
| take place in a meeting governed by the Open Meetings Act. Any |
21 |
| ex parte communications regarding the Nomination Panel must be |
22 |
| made a part of the record at the next public meeting and part |
23 |
| of a written record. The appointing authorities shall file a |
24 |
| list of members of the Nomination Panel with the Secretary of |
25 |
| State within 60 days after the effective date of this |
26 |
| amendatory Act of the 95th General Assembly. A vacancy on the |
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| Nomination Panel due to disqualification or resignation must be |
2 |
| filled within 60 days of a vacancy and the appointing |
3 |
| authorities must file the name of the new appointee with the |
4 |
| Secretary of State. |
5 |
| (b) Candidates for nomination to the Illinois Gaming Board, |
6 |
| the Illinois Racing Board, or the position of Director of |
7 |
| Gaming Enforcement may apply or be nominated. All candidates |
8 |
| must fill out a written application and submit to a background |
9 |
| investigation to be eligible for consideration. The written |
10 |
| application must include, at a minimum, a sworn statement |
11 |
| disclosing any communications that the applicant has engaged in |
12 |
| with a constitutional officer, a member of the General |
13 |
| Assembly, a special government agent (as that term is defined |
14 |
| in Section 4A-101 of the Illinois Governmental Ethics Act), a |
15 |
| director, secretary, or other employee of the executive branch |
16 |
| of the State, or an employee of the legislative branch of the |
17 |
| State related to the regulation of gaming within the last year. |
18 |
| A person who provides false or misleading information on |
19 |
| the application or fails to disclose a communication required |
20 |
| to be disclosed in the sworn statement under this Section is |
21 |
| guilty of a Class 4 felony. |
22 |
| (c) Once an application is submitted to the Nomination |
23 |
| Panel and until (1) the candidate is rejected by the Nomination |
24 |
| Panel, (2) the candidate is rejected by the Governor, (3) the |
25 |
| candidate is rejected by the Senate, or (4) the candidate is |
26 |
| confirmed by the Senate, whichever is applicable, a candidate |
|
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| may not engage in ex parte communications, as that term is |
2 |
| defined in Section 5.7 of this Act. |
3 |
| (d) For the purpose of making the initial nominations after |
4 |
| the effective date of the amendatory Act of the 95th General |
5 |
| Assembly, the Nomination Panel shall request the assistance of |
6 |
| the Illinois State Police to conduct the background |
7 |
| investigation. The Nomination Panel shall have 60 days after |
8 |
| approval with the Illinois State Police to conduct background |
9 |
| investigations of candidates under consideration of the |
10 |
| Nomination Panel. |
11 |
| (e) The Nomination Panel must review written applications, |
12 |
| determine eligibility for oral interviews, confirm |
13 |
| satisfactory background investigations, and hold public |
14 |
| hearings on qualifications of candidates. Initial interviews |
15 |
| of candidates need not be held in meetings subject to the Open |
16 |
| Meetings Act; members or staff may arrange for informal |
17 |
| interviews. Prior to recommendation, however, the Nomination |
18 |
| Panel must question candidates in a meeting subject to the Open |
19 |
| Meetings Act under oath. |
20 |
| (f) The Nomination Panel must review written applications, |
21 |
| determine eligibility for oral interviews, confirm |
22 |
| satisfactory criminal history records checks, and hold public |
23 |
| hearings on qualifications of candidates. |
24 |
| (g) The Nomination Panel must recommend candidates for |
25 |
| nomination to the Illinois Gaming Board, the Illinois Racing |
26 |
| Board, the Illinois Casino Development Authority, and the |
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| Director of Gaming Enforcement. The Governor may choose only |
2 |
| from the Nomination Panel's recommendations; however, within |
3 |
| 30 days, he or she must accept or reject the original |
4 |
| recommendations and request additional recommendations from |
5 |
| the Nomination Panel, if necessary. The Nomination Panel shall |
6 |
| recommend to the Governor 3 candidates for every open position |
7 |
| for the Illinois Racing Board, the Illinois Gaming Board, the |
8 |
| Illinois Casino Development Authority, and the Director of |
9 |
| Gaming Enforcement. The Nomination Panel shall recommend |
10 |
| candidates to the Governor within 10 days upon request by the |
11 |
| Governor for additional candidates. The Nomination Panel shall |
12 |
| file the names of nominees with the Senate and the Secretary of |
13 |
| State. The Secretary of State shall indicate the date and time |
14 |
| of filing. Any nominations not forwarded by the Governor to the |
15 |
| Senate within 30 days are disapproved. |
16 |
| (h) Selections by the Governor must receive the consent of |
17 |
| the Senate. |
18 |
| (230 ILCS 10/5.4 new)
|
19 |
| Sec. 5.4. Office of Gaming Enforcement. |
20 |
| (a) There is established the Office of Gaming Enforcement, |
21 |
| which shall have the powers and duties specified in this Act or |
22 |
| the Illinois Horse Racing Act of 1975. Its jurisdiction shall |
23 |
| extend under this Act and the Illinois Horse Racing Act of 1975 |
24 |
| to every licensee, person, association, corporation, |
25 |
| partnership and trust involved in gambling operations in the |
|
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| State of Illinois. |
2 |
| (b) The Office shall have an officer as its head who shall |
3 |
| be known as the Director and who shall execute the powers and |
4 |
| discharge the duties given to the Office by this Act and the |
5 |
| Illinois Horse Racing Act of 1975. The Director must have at |
6 |
| least 10 years experience in law enforcement and investigatory |
7 |
| methods at the federal or state level, but not necessarily in |
8 |
| Illinois, with a preference given for experience in regulation |
9 |
| or investigation in the gaming industry. Nominations for the |
10 |
| position of Director must be made by the Nomination Panel as |
11 |
| provided in Section 5.3. The Director of the Office may be |
12 |
| removed by the Governor for neglect of duty, misfeasance, |
13 |
| malfeasance, or nonfeasance in office. The Director shall |
14 |
| receive an annual salary equal to the annual salary of a State |
15 |
| appellate court judge and shall hold no other employment for |
16 |
| which he or she receives compensation. The Director may not |
17 |
| hold a local, state, or federal elective or appointive office |
18 |
| or be employed by a local, state, or federal governmental |
19 |
| entity while in office. |
20 |
| (c) The Director shall employ such personnel as may be |
21 |
| necessary to carry out the functions of the Office and shall |
22 |
| determine the salaries of all personnel, except those personnel |
23 |
| whose salaries are determined under the terms of a collective |
24 |
| bargaining agreement. An employee or the employee's spouse, |
25 |
| parent, or child, may not, for 2 years before employment, |
26 |
| during employment, and for 5 years after employment by the |
|
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| Office have a financial interest in or financial relationship |
2 |
| with, any operator engaged in gambling operations within this |
3 |
| State or any organization engaged in conducting horse racing |
4 |
| within this State. Any employee violating these prohibitions is |
5 |
| subject to termination of employment. |
6 |
| (d) The Office shall have general responsibility for the |
7 |
| investigation and enforcement under this Act and the Illinois |
8 |
| Horse Racing Act of 1975. Its duties include without limitation |
9 |
| the following: |
10 |
| (1) To be present through its inspectors and agents any |
11 |
| time gambling operations are conducted for the purpose of |
12 |
| certifying the revenue thereof, receiving complaints from |
13 |
| the public, and conducting such other investigations into |
14 |
| the conduct of the gambling games and the maintenance of |
15 |
| the equipment as from time to time the Board may deem |
16 |
| necessary and proper. |
17 |
| (2) To supervise all gambling operations authorized |
18 |
| under this Act and the Illinois Horse Racing Act of 1975 |
19 |
| and all persons in places where gambling operations are |
20 |
| conducted. |
21 |
| (3) To promulgate rules regarding the inspection of |
22 |
| riverboats, casinos, and electronic gaming facilities. |
23 |
| (4) To enter the licensed facility or other places of |
24 |
| business of a licensee under this Act or the Illinois Horse |
25 |
| Racing Act of 1975 where evidence of the compliance or |
26 |
| noncompliance with the provisions of those Acts are likely |
|
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| to be found. |
2 |
| (5) To exchange fingerprint data with, and receive |
3 |
| criminal history record information from, the Federal |
4 |
| Bureau of Investigation, to the extent possible, and the |
5 |
| Department of State Police for use in considering |
6 |
| applicants for any license. |
7 |
| (6) To eject or exclude or authorize the ejection or |
8 |
| exclusion of any person from licensed facilities where the |
9 |
| person is in violation of this Act or the Illinois Horse |
10 |
| Racing Act of 1975, rules thereunder, or final orders of |
11 |
| the appropriate Board, or where such person's conduct or |
12 |
| reputation is such that his or her presence within the |
13 |
| licensed facilities may call into question the honesty and |
14 |
| integrity of the gambling operations or interfere with the |
15 |
| orderly conduct thereof; provided that the propriety of |
16 |
| such ejection or exclusion is subject to subsequent |
17 |
| hearing. |
18 |
| (7) To hire employees to gather information, conduct |
19 |
| investigations, and carry out any other tasks contemplated |
20 |
| under this Act or the Illinois Horse Racing Act of 1975. |
21 |
| (8) To conduct investigations on its own initiative or |
22 |
| as requested by the Illinois Gaming Board, Illinois Racing |
23 |
| Board, or the Nomination Panel, including without |
24 |
| limitation investigations for suspected violations of this |
25 |
| Act and the Illinois Horse Racing Act of 1975 and |
26 |
| investigations for issuance or renewal of a license. |
|
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| (e) The Office must issue to each investigator and to any |
2 |
| other employee of the Office exercising the powers of a peace |
3 |
| officer a distinct badge that, on its face, (i) clearly states |
4 |
| that the badge is authorized by the Office and (ii) contains a |
5 |
| unique identifying number. No other badge shall be authorized |
6 |
| by the Office. |
7 |
| (f) The Office is a law enforcement agency, and its |
8 |
| employees and agents shall have such law enforcement powers as |
9 |
| may be delegated to them by the Attorney General to effectuate |
10 |
| the purposes of this Act. |
11 |
| (g) Whenever the Office has reason to believe that any |
12 |
| person may be in possession, custody, or control of any |
13 |
| documentary material or information relevant to an |
14 |
| investigation, the Office may, before commencing a civil |
15 |
| proceeding under this Act, issue in writing and cause to be |
16 |
| served upon such person, a subpoena requiring such person:
(A) |
17 |
| to produce such documentary material for
inspection and |
18 |
| copying,
(B) to answer, in writing, written
interrogatories |
19 |
| with respect to such documentary material or information,
(C) |
20 |
| to give oral testimony concerning such
documentary material or |
21 |
| information, or
(D) to furnish any combination of such |
22 |
| material,
answers, or testimony. |
23 |
| (h) The Office may order any person to answer a question or |
24 |
| questions or produce evidence of any kind and confer immunity |
25 |
| as provided in this subsection. If, in the course of any |
26 |
| investigation or hearing conducted under this Act, a person |
|
|
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| refuses to answer a question or produce evidence on the ground |
2 |
| that he or she will be exposed to criminal prosecution thereby, |
3 |
| then in addition to any other remedies or sanctions provided |
4 |
| for by this Act, the Office may, by resolution of the Board and |
5 |
| after the written approval of the Attorney General, issue an |
6 |
| order to answer or to produce evidence with immunity.
Hearings, |
7 |
| documents, and other communications regarding the granting of |
8 |
| immunity are not subject to the Freedom of Information Act or |
9 |
| the Open Meetings Act. If, upon issuance of such an order, the |
10 |
| person complies therewith, he or she shall be immune from |
11 |
| having such responsive answer given by him or her or such |
12 |
| responsive evidence produced by him or her, or evidence derived |
13 |
| therefrom, used to expose him or her to criminal prosecution, |
14 |
| except that such person may nevertheless be prosecuted for any |
15 |
| perjury committed in such answer or in producing such evidence, |
16 |
| or for contempt for failing to give an answer or produce |
17 |
| evidence in accordance with the order of the Office; provided, |
18 |
| however, that no period of incarceration for contempt shall |
19 |
| exceed 18 months in duration. Any such answer given or evidence |
20 |
| produced shall be admissible against him or her upon any |
21 |
| criminal investigation, proceeding, or trial against him or her |
22 |
| for such perjury; upon any investigation, proceeding or trial |
23 |
| against him or her for such contempt; or in any manner |
24 |
| consistent with State and constitutional provisions. |
25 |
| (i) When the Office or any entity authorized under this Act |
26 |
| or the Illinois Horse Racing Act of 1975 is authorized or |
|
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| required by law to conduct a background investigation, the |
2 |
| Office shall: |
3 |
| (1) conduct a criminal history record check |
4 |
| investigation to obtain any information currently or |
5 |
| subsequently contained in the files of the State Police |
6 |
| and, if possible, the Federal Bureau of Investigation, |
7 |
| regarding possible criminal behavior, including |
8 |
| misdemeanor and felony convictions; |
9 |
| (2) conduct a civil action record check investigation |
10 |
| to obtain information regarding any civil matters to which |
11 |
| the person was a party, witness, or in any way |
12 |
| substantially participated in the matter; |
13 |
| (3) conduct investigation of personal and professional |
14 |
| references and acquaintances, including, but not limited |
15 |
| to, current and former employers or employees; or |
16 |
| (4) conduct investigation of financial history. |
17 |
| (230 ILCS 10/5.5 new)
|
18 |
| Sec. 5.5. Ethics provisions. |
19 |
| (a) Conflict of interest. Board members, members of the |
20 |
| Nomination Panel, the Director of Gaming Enforcement, and |
21 |
| employees may not engage in communications or any activity that |
22 |
| may cause or have the appearance of causing a conflict of |
23 |
| interest. A conflict of interest exists if a situation |
24 |
| influences or creates the appearance that it may influence |
25 |
| judgment or performance of regulatory duties and |
|
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| responsibilities. This prohibition shall extend to any act |
2 |
| identified by Board action that, in the judgment of the Board, |
3 |
| could represent the potential for or the appearance of a |
4 |
| conflict of interest. |
5 |
| (b) No State constitutional officer or member of the |
6 |
| General Assembly nor an entity from which the State |
7 |
| constitutional officer or member of the General Assembly |
8 |
| receives compensation may own a direct interest in a gaming |
9 |
| licensee or have a direct financial interest in or relationship |
10 |
| with any entity that owns, operates, or is an affiliate of a |
11 |
| gaming licensee during his or her term or for a period of 5 |
12 |
| years after the State constitutional officer or member of |
13 |
| General Assembly leaves office. The holding or acquisition of |
14 |
| an interest in such entities through indirect means, such as |
15 |
| through a mutual fund, shall not be prohibited. For purposes of |
16 |
| this subsection (b), "State constitutional officer or member of |
17 |
| the General Assembly" includes the spouse or minor child of the |
18 |
| State constitutional officer or member of the General Assembly. |
19 |
| A violation of this subsection (b) is a Class 4 felony. |
20 |
| (c) Financial interest. Board members, members of the |
21 |
| Nomination Panel, the Director of Gaming Enforcement, and |
22 |
| employees may not have a financial interest, directly or |
23 |
| indirectly, in his or her own name or in the name of any other |
24 |
| person, partnership, association, trust, corporation, or other |
25 |
| entity, in any contract or subcontract for the performance of |
26 |
| any work for the Board or for any licensee. This prohibition |
|
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| shall extend to the holding or acquisition of an interest in |
2 |
| any entity identified by Board action that, in the judgment of |
3 |
| the Board, could represent the potential for or the appearance |
4 |
| of a financial interest. The holding or acquisition of an |
5 |
| interest in such entities through an indirect means, such as |
6 |
| through a mutual fund, shall not be prohibited, except that |
7 |
| Board may identify specific investments or funds that, in its |
8 |
| judgment, are so influenced by gaming holdings as to represent |
9 |
| the potential for or the appearance of a conflict of interest. |
10 |
| (d) Gambling. Except as may be required in the conduct of |
11 |
| official duties, Board members and employees and the Director |
12 |
| of Gaming Enforcement shall not engage in gambling on any |
13 |
| riverboat, in any casino, or in an electronic gaming facility |
14 |
| licensed by the Board or engage in legalized gambling in any |
15 |
| establishment identified by Board action that, in the judgment |
16 |
| of the Board, could represent a potential for a conflict of |
17 |
| interest. |
18 |
| (e) Outside employment. A Board member, an employee, or the |
19 |
| Director of Gaming Enforcement may not, within a period of 5 |
20 |
| years immediately after termination of employment, knowingly |
21 |
| accept employment or receive compensation or fees for services |
22 |
| from a person or entity, or its parent or affiliate, that has |
23 |
| engaged in business with the Board that resulted in contracts |
24 |
| with an aggregate value of at least $25,000 or if that Board |
25 |
| member, employee, or the Director has made a decision that |
26 |
| directly applied to the person or entity, or its parent or |
|
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| affiliate. Board members and employees shall not hold or pursue |
2 |
| employment, office, position, business, or occupation that |
3 |
| conflict with his or her official duties. Board members shall |
4 |
| not engage in other employment. Employees may engage in other |
5 |
| gainful employment so long as that employment does not |
6 |
| interfere or conflict with their duties and such employment is |
7 |
| approved by the Board. |
8 |
| (f) Gift ban. Board members, the Director of Gaming |
9 |
| Enforcement, and employees may not accept any gift, gratuity, |
10 |
| service, compensation, travel, lodging, or thing of value, with |
11 |
| the exception of unsolicited items of an incidental nature, |
12 |
| from any person, corporation or entity doing business with the |
13 |
| Board. For the Director and employees of the Office of Gaming |
14 |
| Enforcement, this ban shall also apply to any person, |
15 |
| corporation, or entity doing business with the Illinois Racing |
16 |
| Board. |
17 |
| (g) Abuse of Position. A Board member, member of the |
18 |
| Nomination Panel, Director of Gaming Enforcement, or employee |
19 |
| shall not use or attempt to use his or her official position to |
20 |
| secure, or attempt to secure, any privilege, advantage, favor, |
21 |
| or influence for himself or herself or others. No Board member, |
22 |
| member of the Nomination Panel, Director of Gaming Enforcement, |
23 |
| or employee of the Authority may attempt, in any way, to |
24 |
| influence any person or corporation doing business with the |
25 |
| Authority or any officer, agent, or employee thereof to hire or |
26 |
| contract with any person or corporation for any compensated |
|
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| work. |
2 |
| (h) Political activity. No member of the Board, employee, |
3 |
| or the Director of Gaming Enforcement shall engage in any |
4 |
| political activity. For the purposes of this subsection, |
5 |
| "political activity" means any activity in support of or in |
6 |
| connection with any campaign for State or local elective office |
7 |
| or any political organization, but does not include activities |
8 |
| (i) relating to the support or opposition of any executive, |
9 |
| legislative, or administrative action (as those terms are |
10 |
| defined in Section 2 of the Lobbyist Registration Act), (ii) |
11 |
| relating to collective bargaining, or (iii) that are otherwise |
12 |
| in furtherance of the person's official State duties or |
13 |
| governmental and public service functions. |
14 |
| (i) A spouse, child, or parent of a Board member, the |
15 |
| Director of Gaming Enforcement, or an employee may not: |
16 |
| (1) Have a financial interest, directly or indirectly, |
17 |
| in his or her own name or in the name of any other person, |
18 |
| partnership, association, trust, corporation, or other |
19 |
| entity, in any contract or subcontract for the performance |
20 |
| of any work for the Board of any licensee. This prohibition |
21 |
| shall extend to the holding or acquisition of an interest |
22 |
| in any entity identified by Board action that, in the |
23 |
| judgment of the Board, could represent the potential for or |
24 |
| the appearance of a conflict of interest. The holding or |
25 |
| acquisition of an interest in such entities through an |
26 |
| indirect means, such as through a mutual fund, shall not be |
|
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| prohibited, expect that the Board may identify specific |
2 |
| investments or funds that, in its judgment, are so |
3 |
| influenced by gaming holdings as to represent the potential |
4 |
| for or the appearance of a conflict of interest. |
5 |
| (2) Accept any gift, gratuity, service, compensation, |
6 |
| travel, lodging, or thing of value, with the exception of |
7 |
| unsolicited items of an incidental nature, from any person, |
8 |
| corporation or entity doing business with the Board. |
9 |
| (3) Within a period of 2 years immediately after |
10 |
| termination of employment, knowingly accept employment or |
11 |
| receive compensation or fees for services from a person or |
12 |
| entity, or its parent or affiliate, that has engaged in |
13 |
| business with the Board, the Illinois Casino Development |
14 |
| Authority, the Chicago Casino Development Authority, or |
15 |
| the Office of Gaming Enforcement that resulted in contracts |
16 |
| with an aggregate value of at least $25,000 or if the Board |
17 |
| or Office has made a decision that directly applies to the |
18 |
| person or entity, or its parent or affiliate. |
19 |
| (j) Any Board member, member of the Nomination Panel, |
20 |
| Director of Gaming Enforcement, or employee or spouse, child, |
21 |
| or parent of a Board member, member of the Nomination Panel, |
22 |
| Director of Gaming Enforcement, or employee who violates any |
23 |
| provision of this Section is guilty of a Class 4 felony. |
24 |
| (230 ILCS 10/5.7 new)
|
25 |
| Sec. 5.7. Ex parte communications. |
|
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| (a) For the purpose of this Section: |
2 |
| "Ex parte communication" means any written or oral |
3 |
| communication by any person that imparts or requests material |
4 |
| information or makes a material argument regarding potential |
5 |
| action concerning regulatory, quasi regulatory, investment, or |
6 |
| licensing matters pending before or under consideration by the |
7 |
| Illinois Gaming Board. "Ex parte communication" does not |
8 |
| include the following: (i) statements by a person publicly made |
9 |
| in a public forum; (ii) statements regarding matters of |
10 |
| procedure and practice, such as format, the number of copies |
11 |
| required, the manner of filing, and the status of a matter; |
12 |
| (iii) statements regarding recommendation for pending or |
13 |
| approved legislation; (iv) statements made by a State employee |
14 |
| of the agency to the agency head or other employees of that |
15 |
| agency. |
16 |
| "Ex parte communication" does not include conversations |
17 |
| concerning qualifications to serve on the Board or as Director |
18 |
| of Gaming Enforcement between members of the Senate and |
19 |
| nominees to the Board that occur in the time period between |
20 |
| nomination by the Governor and either confirmation or rejection |
21 |
| by the Senate. |
22 |
| "Interested party" means a person or entity whose rights, |
23 |
| privileges, or interests are the subject of or are directly |
24 |
| affected by a regulatory, quasi-adjudicatory, investment, or |
25 |
| licensing matter of the Board. |
26 |
| (b) A constitutional officer, a member of the General |
|
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| Assembly, a special government agent as that term is defined in |
2 |
| Section 4A-101 of the Illinois Governmental Ethics Act, a |
3 |
| director, secretary, or other employee of the executive branch |
4 |
| of the State, an employee of the legislative branch of the |
5 |
| State, or an interested party may not engage in any ex parte |
6 |
| communication with a member of the Board or an employee. A |
7 |
| member of the Board or an employee must immediately report any |
8 |
| ex parte communication to the Inspector General for gaming |
9 |
| activities. A violation of this subsection (b) is a Class 4 |
10 |
| felony. |
11 |
| (c) A constitutional officer, a member of the General |
12 |
| Assembly, a special government agent as that term is defined in |
13 |
| Section 4A-101 of the Illinois Governmental Ethics Act, a |
14 |
| director, secretary, or other employee of the executive branch |
15 |
| of the State, an employee of the legislative branch of the |
16 |
| State, or an interested party may not engage in any ex parte |
17 |
| communication with a nominee for the Board or a nominee for the |
18 |
| Director of Gaming Enforcement. A person is deemed a nominee |
19 |
| once they have submitted information to the nomination panel. A |
20 |
| nominee must immediately report any ex parte communication to |
21 |
| the Inspector General for gaming activities. A violation of |
22 |
| this subsection (c) is a Class 4 felony. |
23 |
| (d) Any ex parte communication from a constitutional |
24 |
| officer, a member of the General Assembly, a special government |
25 |
| agent as that term is defined in Section 4A-101 of the Illinois |
26 |
| Governmental Ethics Act, a director, secretary, or other |
|
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| employee of the executive branch of the State, an employee of |
2 |
| the legislative branch of the State, or an interested party |
3 |
| received by a member of the Nomination Panel or employee |
4 |
| assisting the Nomination Panel must be immediately |
5 |
| memorialized and made a part of the record at the next meeting. |
6 |
| Report of the communication shall include all written |
7 |
| communications along with a statement describing the nature and |
8 |
| substance of all oral communications, any action the person |
9 |
| requested or recommended, the identity and job title of the |
10 |
| person to whom each communication was made, all responses made |
11 |
| by the member. A violation of this subsection (d) is a Class A |
12 |
| misdemeanor. |
13 |
| (e) Notwithstanding any provision of this Section, if a |
14 |
| State constitutional officer or member of the General Assembly |
15 |
| or his or her designee determines that potential or actual |
16 |
| Illinois Gaming Board, Illinois Racing Board, or Director of |
17 |
| Gaming Enforcement business would affect the health, safety, |
18 |
| and welfare of the people of the State of Illinois, then the |
19 |
| State constitutional officer or member of the General Assembly |
20 |
| may submit questions or comments by written medium to the |
21 |
| Chairman of the Illinois Gaming Board, Chairman of the Illinois |
22 |
| Racing Board, or Director of Gaming Enforcement. Upon receipt |
23 |
| of the message or question, the Chairman or Director shall |
24 |
| submit the message or question to the entire board for a vote.
|
25 |
| (230 ILCS 10/6) (from Ch. 120, par. 2406)
|
|
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| Sec. 6. Application for Owners License or casino license .
|
2 |
| (a) A qualified person may
apply to the Board for an owners |
3 |
| license or casino license to
conduct a riverboat gambling |
4 |
| operation as provided in this Act. The
application shall be |
5 |
| made on forms provided by the Board and shall contain
such |
6 |
| information as the Board prescribes, including but not limited |
7 |
| to the
identity of the riverboat on which such gambling |
8 |
| operation is to be
conducted and the exact location where such |
9 |
| riverboat will be docked, or the location of the casino, a
|
10 |
| certification that the riverboat will be registered under this |
11 |
| Act at all
times during which gambling operations are conducted |
12 |
| on board, detailed
information regarding the ownership and |
13 |
| management of the applicant, and
detailed personal information |
14 |
| regarding the applicant. Any application for an
owners license |
15 |
| to be re-issued on or after June 1, 2003 shall also
include the |
16 |
| applicant's license bid in a form prescribed by the Board.
|
17 |
| Information
provided on the application shall be used as a |
18 |
| basis for a thorough
background investigation which the Board |
19 |
| shall conduct with respect to each
applicant. An incomplete |
20 |
| application shall be cause for denial of a license
by the |
21 |
| Board.
|
22 |
| (a-5) In addition to any other information required under |
23 |
| this Section, each application for an owners license or casino |
24 |
| license must include the following information: |
25 |
| (1) The history and success of the applicant and each |
26 |
| person and entity disclosed under subsection (c) of this |
|
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| Section in developing tourism facilities ancillary to |
2 |
| gaming, if applicable. |
3 |
| (2) The likelihood that granting a license to the |
4 |
| applicant will lead to the creation of quality, living wage |
5 |
| jobs and permanent, full-time jobs for residents of the |
6 |
| State and residents of the unit of local government that is |
7 |
| designated as the home dock or location of the proposed |
8 |
| facility where gambling is to be conducted by the |
9 |
| applicant. |
10 |
| (3) The projected number of jobs that would be created |
11 |
| if the license is granted and the projected number of new |
12 |
| employees at the proposed facility where gambling is to be |
13 |
| conducted by the applicant. |
14 |
| (4) The record of the applicant and its developer in |
15 |
| meeting commitments to local agencies, community-based |
16 |
| organizations, and employees at other locations where the |
17 |
| applicant or its developer has performed similar functions |
18 |
| as they would perform if the applicant were granted a |
19 |
| license. |
20 |
| (5) Identification of adverse effects that might be |
21 |
| caused by the proposed facility where gambling is to be |
22 |
| conducted by the applicant, including the costs of meeting |
23 |
| increased demand for public health care, child care, public |
24 |
| transportation, affordable housing, and social services, |
25 |
| and a plan to mitigate those adverse effects. |
26 |
| (6) The record of the applicant and its developer |
|
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| regarding compliance with: |
2 |
| (A) Federal, State, and local discrimination, wage |
3 |
| and hour, disability, and occupational and |
4 |
| environmental health and safety laws. |
5 |
| (B) State and local labor relations and employment |
6 |
| laws. |
7 |
| (7) The applicant's record in dealing with its |
8 |
| employees and their representatives at other locations. |
9 |
| (8) A plan concerning the utilization of minority |
10 |
| person-owned and female-owned businesses and concerning |
11 |
| the hiring of minority persons and females. For the |
12 |
| purposes of this item (8), the terms "minority person" and |
13 |
| "female" have the meanings provided in Section 2 of the |
14 |
| Business Enterprise for Minorities, Females, and Persons |
15 |
| with Disabilities Act. |
16 |
| Each applicant must submit evidence to the Board that |
17 |
| minority persons and females hold ownership interests in the |
18 |
| applicant of at least 20% and 5%, respectively. |
19 |
| (b) Applicants shall submit with their application all |
20 |
| documents,
resolutions, and letters of support from the |
21 |
| governing body that represents
the municipality or county |
22 |
| wherein the facility will be located licensee will dock .
|
23 |
| (c) Each applicant shall disclose the identity of every |
24 |
| person,
association, trust or corporation having a greater than |
25 |
| 1% direct or
indirect pecuniary interest in the riverboat |
26 |
| gambling operation with
respect to which the license is sought. |
|
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| If the disclosed entity is a
trust, the application shall |
2 |
| disclose the names and addresses of the
beneficiaries; if a |
3 |
| corporation, the names and
addresses of all stockholders and |
4 |
| directors; if a partnership, the names
and addresses of all |
5 |
| partners, both general and limited.
|
6 |
| (d) An application shall be filed and considered in |
7 |
| accordance with the rules of the Board with the Board by |
8 |
| January 1 of the
year preceding any calendar year for which an |
9 |
| applicant seeks an owners
license; however, applications for an |
10 |
| owners license permitting
operations on January 1, 1991 shall |
11 |
| be filed by July 1, 1990 . A non-refundable An
application fee |
12 |
| of $250,000 $50,000 shall be paid at the time of filing
and |
13 |
| shall be applied to the initial license fee if the application |
14 |
| is approved. to defray the costs associated with the
background |
15 |
| investigation conducted by the Board. If the costs of the
|
16 |
| investigation exceed $50,000, the applicant shall pay the |
17 |
| additional amount
to the Board. If the costs of the |
18 |
| investigation are less than $50,000, the
applicant shall |
19 |
| receive a refund of the remaining amount. All
information, |
20 |
| records, interviews, reports, statements, memoranda or other
|
21 |
| data supplied to or used by the Board in the course of its |
22 |
| review or
investigation of an application for a license under |
23 |
| this Act shall be
privileged, strictly confidential and shall |
24 |
| be used only for the purpose of
evaluating an applicant. Such |
25 |
| information, records, interviews, reports,
statements, |
26 |
| memoranda or other data shall not be admissible as evidence,
|
|
|
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09500HB2651sam003 |
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|
1 |
| nor discoverable in any action of any kind in any court or |
2 |
| before any
tribunal, board, agency or person, except for any |
3 |
| action deemed necessary
by the Board.
|
4 |
| (e) (Blank). The Board shall charge each applicant a fee |
5 |
| set by the Department of
State Police to defray the costs |
6 |
| associated with the search and
classification of fingerprints |
7 |
| obtained by the Board with respect to the
applicant's |
8 |
| application. These fees shall be paid into the State Police
|
9 |
| Services Fund.
|
10 |
| (f) The licensed owner of a riverboat gambling operation |
11 |
| shall be the person primarily responsible for the
boat itself. |
12 |
| Only one riverboat gambling operation may be authorized
by the |
13 |
| Board on any riverboat. The applicant must identify each |
14 |
| riverboat
it intends to use and certify that the riverboat: (1) |
15 |
| has the authorized
capacity required in this Act; (2) is |
16 |
| accessible to disabled persons; and
(3) is fully registered and |
17 |
| licensed in accordance
with any applicable laws.
|
18 |
| (g) A person who knowingly makes a false statement on an |
19 |
| application is
guilty of a Class A misdemeanor.
|
20 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
21 |
| (230 ILCS 10/7) (from Ch. 120, par. 2407)
|
22 |
| Sec. 7. Owners licenses and casino licenses Licenses .
|
23 |
| (a) The Board shall issue owners licenses and casino |
24 |
| licenses to persons, firms or
corporations which apply for such |
25 |
| licenses upon payment to the Board of the
non-refundable |
|
|
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| license fee set by the Board pursuant to this Act , upon payment |
2 |
| of a $25,000
license fee for the first year of operation and a |
3 |
| $5,000 license fee for
each succeeding year and upon a |
4 |
| determination by the Board that the
applicant is eligible for |
5 |
| an owners license pursuant to this Act and the
rules of the |
6 |
| Board. For a period of 2 years beginning on the effective date |
7 |
| of
this amendatory Act of the 94th General Assembly, as a |
8 |
| condition of licensure and as an alternative source of payment |
9 |
| for those funds payable under subsection (c-5) of Section 13 of |
10 |
| this
the Riverboat Gambling Act, any owners licensee that holds |
11 |
| or receives its owners license on or after the effective date |
12 |
| of this amendatory Act of the 94th General Assembly, other than |
13 |
| an owners licensee operating a riverboat with adjusted gross |
14 |
| receipts in calendar year 2004 of less than $200,000,000, must |
15 |
| pay into the Horse Racing Equity Trust Fund, in addition to any |
16 |
| other payments required under this Act, an amount equal to 3% |
17 |
| of the adjusted gross receipts received by the owners licensee. |
18 |
| The payments required under this Section shall be made by the |
19 |
| owners licensee to the State Treasurer no later than 3:00 |
20 |
| o'clock p.m. of the day after the day when the adjusted gross |
21 |
| receipts were received by the owners licensee. A person, firm |
22 |
| or corporation is ineligible to receive
an owners license if:
|
23 |
| (1) the person has been convicted of a felony under the |
24 |
| laws of this
State, any other state, or the United States;
|
25 |
| (2) the person has been convicted of any violation of |
26 |
| Article 28 of the
Criminal Code of 1961, or substantially |
|
|
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| similar laws of any other jurisdiction;
|
2 |
| (3) the person has submitted an application for a |
3 |
| license under this
Act which contains false information;
|
4 |
| (4) the person is
a member of the Board;
|
5 |
| (5) a person defined in (1), (2), (3) or (4) is an |
6 |
| officer, director or
managerial employee of the firm or |
7 |
| corporation;
|
8 |
| (6) the firm or corporation employs a person defined in |
9 |
| (1), (2), (3) or
(4) who participates in the management or |
10 |
| operation of gambling operations
authorized under this |
11 |
| Act;
|
12 |
| (7) (blank); or
|
13 |
| (8) a license of the person, firm or corporation issued |
14 |
| under
this Act, or a license to own or operate gambling |
15 |
| facilities
in any other jurisdiction, has been revoked.
|
16 |
| (a-5) The Board shall establish annual fees for the |
17 |
| issuance or renewal of owners licenses and casino licenses, |
18 |
| except a license held by the Illinois Casino Development |
19 |
| Authority, by rule. The issuance fee shall be based upon the |
20 |
| cost of investigation and consideration of the license |
21 |
| application and shall not be less than $250,000. |
22 |
| (a-10) From any amounts received for the reissuance of an |
23 |
| owners license that was revoked before the effective date of |
24 |
| this amendatory Act of the 95th General Assembly, the sum of |
25 |
| $1,750,000 shall be paid by the licensee to the County of |
26 |
| JoDaviess in recompense for expenses incurred by that unit of |
|
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| government with respect to former riverboat operations within |
2 |
| the corporate limits of that county and the sum of $1,750,000 |
3 |
| shall be paid by the licensee to the City of East Dubuque in |
4 |
| recompense for expenses incurred by that unit of government |
5 |
| with respect to former riverboat operations within the |
6 |
| corporate limits of that municipality. |
7 |
| (b) In determining whether to grant an owners license or |
8 |
| casino license, reissue a revoked owners license or casino |
9 |
| license, or non-renew an owners license or casino license to an |
10 |
| applicant, the
Board shall consider:
|
11 |
| (1) the character, reputation, experience and |
12 |
| financial integrity of the
applicants and of any other or |
13 |
| separate person that either:
|
14 |
| (A) controls, directly or indirectly, such |
15 |
| applicant, or
|
16 |
| (B) is controlled, directly or indirectly, by such |
17 |
| applicant or by a
person which controls, directly or |
18 |
| indirectly, such applicant;
|
19 |
| (2) the facilities or proposed facilities for the |
20 |
| conduct of riverboat
gambling;
|
21 |
| (3) the highest prospective total revenue to be derived |
22 |
| by the State
from the conduct of riverboat gambling;
|
23 |
| (4) the extent to which the ownership of the applicant |
24 |
| reflects the
diversity of the State by including minority |
25 |
| persons and females
and the good faith affirmative action |
26 |
| plan of
each applicant to recruit, train and upgrade |
|
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| minority persons and females in all employment |
2 |
| classifications;
|
3 |
| (5) the financial ability of the applicant to purchase |
4 |
| and maintain
adequate liability and casualty insurance;
|
5 |
| (6) whether the applicant has adequate capitalization |
6 |
| to provide and
maintain, for the duration of a license, a |
7 |
| riverboat;
|
8 |
| (7) the extent to which the applicant exceeds or meets |
9 |
| other standards
for the issuance of an owners license which |
10 |
| the Board may adopt by rule;
and
|
11 |
| (8) The amount of the applicant's license bid made |
12 |
| pursuant to Section 7.5 .
|
13 |
| (c) Each owners license shall specify the place where
|
14 |
| riverboats shall
operate and dock.
|
15 |
| (d) Each applicant shall submit with his application, on |
16 |
| forms
provided by the Board, 2 sets of his fingerprints.
|
17 |
| (e)
The Board may issue up to 11 10 licenses authorizing |
18 |
| the holders of such
licenses to own riverboats. In the |
19 |
| application for an owners license, the
applicant shall state |
20 |
| the dock at which the riverboat is based and the water
on which |
21 |
| the riverboat will be located. The Board shall issue 5 licenses |
22 |
| to
become effective not earlier than January 1, 1991. Three of |
23 |
| such licenses
shall authorize riverboat gambling on the |
24 |
| Mississippi River, or, with approval
by the municipality in |
25 |
| which the
riverboat was docked on August 7, 2003 and with Board |
26 |
| approval, be authorized to relocate to a new location,
in a
|
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| municipality that (1) borders on the Mississippi River or is |
2 |
| within 5
miles of the city limits of a municipality that |
3 |
| borders on the Mississippi
River and (2), on August 7, 2003, |
4 |
| had a riverboat conducting riverboat gambling operations |
5 |
| pursuant to
a license issued under this Act; one of which shall |
6 |
| authorize riverboat
gambling from a home dock in the city of |
7 |
| East St. Louis. One other license
shall
authorize riverboat |
8 |
| gambling on
the Illinois River south of Marshall County. The |
9 |
| Board shall issue one
additional license to become effective |
10 |
| not earlier than March 1, 1992, which
shall authorize riverboat |
11 |
| gambling on the Des Plaines River in Will County.
The Board may |
12 |
| issue 4 additional licenses to become effective not
earlier |
13 |
| than
March 1, 1992. After the 5 members of the Board are |
14 |
| appointed and qualified pursuant to this amendatory Act of the |
15 |
| 95th General Assembly, the Board may issue one additional |
16 |
| riverboat license subject to the competitive bidding process |
17 |
| described in Section 7.5. In determining the water upon which |
18 |
| riverboats will operate,
the Board shall consider the economic |
19 |
| benefit which riverboat gambling confers
on the State, and |
20 |
| shall seek to assure that all regions of the State share
in the |
21 |
| economic benefits of riverboat gambling.
|
22 |
| In granting all licenses, the Board may give favorable |
23 |
| consideration to
economically depressed areas of the State, to |
24 |
| applicants presenting plans
which provide for significant |
25 |
| economic development over a large geographic
area, and to |
26 |
| applicants who currently operate non-gambling riverboats in
|
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| Illinois.
The Board shall review all applications for owners |
2 |
| licenses,
and shall inform each applicant of the Board's |
3 |
| decision.
The Board may grant an owners license or casino |
4 |
| license, except a license held by Illinois Casino Development |
5 |
| Authority, to an
applicant that has not submitted the highest |
6 |
| license bid, but if it does not
select the highest bidder, the |
7 |
| Board shall issue a written decision explaining
why another
|
8 |
| applicant was selected and identifying the factors set forth in |
9 |
| this Section
that favored the winning bidder.
|
10 |
| (e-5) In addition to any other revocation powers granted to |
11 |
| the Board under this
Act,
the Board may revoke the owners |
12 |
| license of a licensee which fails
to begin conducting gambling |
13 |
| within 12
15 months
of receipt of the
Board's approval of the |
14 |
| application if the Board determines that license
revocation is |
15 |
| in the best interests of the State. The Board may, after |
16 |
| holding a public hearing, grant extensions so long as an owners |
17 |
| licensee is working in good faith to begin conducting gambling. |
18 |
| The extension may be for a period of 6 months. If, after the |
19 |
| period of the extension, a licensee has not begun to conduct |
20 |
| gambling, another public hearing must be held by the Board |
21 |
| before it may grant another extension.
|
22 |
| (f) The first 10 owners licenses issued under this Act |
23 |
| shall permit the
holder to own the riverboat
up to 2 riverboats |
24 |
| and equipment thereon
for a period of 3 years after the |
25 |
| effective date of the license. Holders of
the first 10 owners |
26 |
| licenses must pay the annual license fee for each of
the 3
|
|
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| years during which they are authorized to conduct gambling |
2 |
| operations own riverboats .
|
3 |
| (g) Upon the termination, expiration, or revocation of each |
4 |
| owners license or casino license
of the first
10 licenses, |
5 |
| which shall be issued for a 3 year period , all licenses are
|
6 |
| renewable for a period of 4 years, unless the Board sets a |
7 |
| shorter period, annually upon payment of the fee and a |
8 |
| determination by the Board
that the licensee continues to meet |
9 |
| all of the requirements of this Act and the
Board's rules.
|
10 |
| However, for licenses renewed on or after May 1, 1998, renewal |
11 |
| shall be
for a period of 4 years, unless the Board sets a |
12 |
| 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 |
|
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| 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 |
|
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| 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 of no more |
25 |
| than 5 years, subject to Board approval.
own up to 2
|
26 |
| riverboats. |
|
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|
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 or casino licensee A licensed owner |
11 |
| is authorized to apply to the Board for and, if
approved |
12 |
| therefor, to receive all licenses from the Board necessary for |
13 |
| the
operation of a licensed facility riverboat , including a |
14 |
| liquor license, a license
to prepare and serve food for human |
15 |
| consumption, and other necessary
licenses. All use, occupation |
16 |
| and excise taxes which apply to the sale of
food and beverages |
17 |
| in this State and all taxes imposed on the sale or use
of |
18 |
| tangible personal property apply to such sales in a licensed |
19 |
| facility aboard the 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
|
|
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|
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| 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 riverboat gambling operations.
|
10 |
| (a) If, after reviewing each application for a re-issued |
11 |
| owners license, the
Board determines that the highest |
12 |
| prospective total revenue to the State would
be derived from |
13 |
| State conduct of the gambling operation in lieu of re-issuing
|
14 |
| the license, the Board shall inform each applicant of its |
15 |
| decision. The Board
shall thereafter have the authority, |
16 |
| without obtaining an owners license, to
conduct riverboat |
17 |
| gambling operations as
previously authorized by the |
18 |
| terminated, expired, revoked, or nonrenewed
license through a |
19 |
| licensed manager selected pursuant to an open and competitive
|
20 |
| bidding
process as set forth in Section 7.5 and as provided in |
21 |
| Section 7.4.
|
22 |
| (b) The Board may locate any riverboat on which a gambling |
23 |
| operation is
conducted by the State in any home dock location |
24 |
| authorized by Section 3(c)
upon receipt of approval from a |
25 |
| majority vote of the governing body of the
municipality or |
|
|
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| county, as the case may be, in which the riverboat will dock.
|
2 |
| (c) The Board shall have jurisdiction over and shall |
3 |
| supervise all
gambling operations conducted by the State |
4 |
| provided for in this Act and shall
have all powers necessary |
5 |
| and proper to fully and effectively execute the
provisions of |
6 |
| this Act relating to gambling operations conducted by the |
7 |
| State.
|
8 |
| (d) The maximum number of owners licenses authorized under |
9 |
| Section
7(e)
shall be reduced by one for each instance in which |
10 |
| the Board authorizes the
State to conduct a riverboat gambling |
11 |
| operation under subsection (a) in lieu of
re-issuing a license |
12 |
| to an applicant under Section 7.1.
|
13 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
14 |
| (230 ILCS 10/7.4)
|
15 |
| Sec. 7.4. Managers licenses.
|
16 |
| (a) A qualified person may apply to the Board for a |
17 |
| managers license to
operate
and manage any gambling operation |
18 |
| conducted by the State. The application shall
be
made on forms |
19 |
| provided by the Board and shall contain such information as the
|
20 |
| Board
prescribes, including but not limited to information |
21 |
| required in Sections 6(a),
(b), and
(c) and information |
22 |
| relating to the applicant's proposed price to manage State
|
23 |
| gambling
operations and to provide the riverboat, gambling |
24 |
| equipment, and supplies
necessary to
conduct State gambling |
25 |
| operations.
|
|
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| (b) (Blank). Each applicant must submit evidence to the |
2 |
| Board that minority persons
and
females hold ownership |
3 |
| interests in the applicant of at least 16% and 4%,
|
4 |
| respectively.
|
5 |
| (c) A person, firm, or corporation is ineligible to receive |
6 |
| a managers
license if:
|
7 |
| (1) the person has been convicted of a felony under the |
8 |
| laws of this
State, any other state, or the United States;
|
9 |
| (2) the person has been convicted of any violation of |
10 |
| Article 28 of
the Criminal Code of 1961, or substantially |
11 |
| similar laws of any other
jurisdiction;
|
12 |
| (3) the person has submitted an application for a |
13 |
| license under this
Act which contains false information;
|
14 |
| (4) the person is a member of the Board;
|
15 |
| (5) a person defined in (1), (2), (3), or (4) is an |
16 |
| officer, director, or
managerial employee of the firm or |
17 |
| corporation;
|
18 |
| (6) the firm or corporation employs a person defined in |
19 |
| (1), (2), (3),
or (4) who participates in the management or |
20 |
| operation of gambling
operations authorized under this |
21 |
| Act; or
|
22 |
| (7) a license of the person, firm, or corporation |
23 |
| issued under this Act,
or
a license to own or operate |
24 |
| gambling facilities in any other jurisdiction, has
been |
25 |
| revoked.
|
26 |
| (d) Each applicant shall submit with his or her |
|
|
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09500HB2651sam003 |
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|
1 |
| application, on forms
prescribed by
the Board, 2 sets of his or |
2 |
| her fingerprints.
|
3 |
| (e) The Board shall charge each applicant a fee, set by the |
4 |
| Board, to defray
the costs associated with the background |
5 |
| investigation conducted by the
Board.
|
6 |
| (f) A person who knowingly makes a false statement on an |
7 |
| application is
guilty of a Class A misdemeanor.
|
8 |
| (g) The managers license shall be for a term not to exceed |
9 |
| 10 years, shall
be
renewable at the Board's option, and shall |
10 |
| contain such terms and
provisions as the Board deems necessary |
11 |
| to protect or enhance the
credibility and integrity of State |
12 |
| gambling operations, achieve the highest
prospective total |
13 |
| revenue to the State, and otherwise serve the interests of
the |
14 |
| citizens of Illinois.
|
15 |
| (h) Issuance of a managers license shall be subject to an |
16 |
| open and
competitive bidding
process. The Board may select an |
17 |
| applicant other than the lowest bidder by
price. If it does not |
18 |
| select the lowest bidder, the Board shall issue a notice
of who
|
19 |
| the lowest bidder was and a written decision as to why another |
20 |
| bidder was
selected.
|
21 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
22 |
| (230 ILCS 10/7.5)
|
23 |
| Sec. 7.5. Competitive Bidding. When the Board issues or |
24 |
| re-issues an owners license authorized under Section 7, |
25 |
| determines that it will re-issue an owners license pursuant to
|
|
|
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09500HB2651sam003 |
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|
1 |
| an
open and competitive bidding process, as set forth in |
2 |
| Section 7.1, or that it
will issue a managers license pursuant |
3 |
| to an open and competitive bidding
process, as set forth in |
4 |
| Section 7.4, or determines that it will issue a casino license |
5 |
| under Section 7.11a of this Act to a private entity, the open |
6 |
| and competitive bidding process
shall adhere to the following |
7 |
| procedures:
|
8 |
| (1) The Board shall make applications for owners , casino, |
9 |
| and managers
licenses available to the public and allow a |
10 |
| reasonable time for applicants to
submit applications to the |
11 |
| Board.
|
12 |
| (2) During the filing period for owners , casino, or |
13 |
| managers license applications,
the
Board may retain the |
14 |
| services of an investment banking firm to assist the Board
in |
15 |
| conducting the open and competitive bidding process.
|
16 |
| (3) After receiving all of the bid proposals, the Board |
17 |
| shall open all of
the
proposals in a public forum and disclose |
18 |
| the prospective owners or managers
names, venture partners, if |
19 |
| any, and, in the case of applicants for owners
licenses, the |
20 |
| locations of the proposed development sites.
|
21 |
| (4) The Board shall summarize the terms of the proposals |
22 |
| and may make this
summary available to the public.
|
23 |
| (5) The Board shall evaluate the proposals within a |
24 |
| reasonable time and
select no
more than 3 final applicants to |
25 |
| make presentations of their
proposals to the Board.
|
26 |
| (6) The final applicants shall make their presentations to |
|
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| the
Board on
the same day during an open session of the Board.
|
2 |
| (7) As soon as practicable after the public presentations |
3 |
| by the final
applicants,
the Board, in its
discretion, may |
4 |
| conduct further negotiations among the 3 final applicants.
|
5 |
| During such negotiations, each final applicant may increase its |
6 |
| license bid or
otherwise enhance its bid proposal. At the |
7 |
| conclusion of such
negotiations, the Board shall
select the |
8 |
| winning proposal. In the case of negotiations for
an owners |
9 |
| license, the Board may, at the conclusion of such negotiations,
|
10 |
| make the determination allowed under Section 7.3(a).
|
11 |
| (8) Upon selection of a winning bid, the Board shall |
12 |
| evaluate the winning
bid
within a reasonable period of time for |
13 |
| licensee suitability in accordance with
all applicable |
14 |
| statutory and regulatory criteria.
|
15 |
| (9) If the winning bidder is unable or otherwise fails to
|
16 |
| consummate the transaction, (including if the Board determines |
17 |
| that the winning
bidder does not satisfy the suitability |
18 |
| requirements), the Board may, on the
same criteria, select from |
19 |
| the remaining bidders or make the determination
allowed under |
20 |
| Section 7.3(a).
|
21 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
22 |
| (230 ILCS 10/7.7 new)
|
23 |
| Sec. 7.7. Electronic gaming. |
24 |
| (a) The General Assembly finds that the horse racing and |
25 |
| riverboat
gambling industries share many similarities and |
|
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| collectively comprise the bulk
of the State's gaming industry. |
2 |
| One feature in common to both industries is
that each is highly |
3 |
| regulated by the State of Illinois.
|
4 |
| The General Assembly further finds, however, that despite |
5 |
| their shared
features each industry is distinct from the other |
6 |
| in that horse racing is and
continues to be intimately tied to |
7 |
| Illinois' agricultural economy and is, at
its core, a spectator |
8 |
| sport. This distinction requires the General Assembly to
|
9 |
| utilize different methods to regulate and promote the horse |
10 |
| racing industry
throughout the State.
|
11 |
| The General Assembly finds that in order to promote live |
12 |
| horse racing as a
spectator sport in Illinois and the |
13 |
| agricultural economy of this State, it is
necessary to allow |
14 |
| electronic gaming at Illinois race tracks given the success
of |
15 |
| other states in increasing live racing purse accounts and |
16 |
| improving the
quality of horses participating in horse race |
17 |
| meetings.
|
18 |
| The General Assembly finds, however, that even though the |
19 |
| authority to
conduct electronic gaming is a uniform means to |
20 |
| improve live horse racing in
this State, electronic gaming must |
21 |
| be regulated and implemented differently in
southern Illinois |
22 |
| versus the Chicago area. The General Assembly finds that
|
23 |
| Fairmount Park is the only race track operating on a year-round |
24 |
| basis that offers live racing and for that matter only conducts
|
25 |
| live thoroughbred racing. The General Assembly finds that the |
26 |
| current state of
affairs deprives spectators and standardbred |
|
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| horsemen residing in southern
Illinois of the opportunity to |
2 |
| participate in live standardbred racing in a
manner similar to |
3 |
| spectators, thoroughbred horsemen, and standardbred horsemen
|
4 |
| residing in the Chicago area. The General Assembly declares |
5 |
| that southern
Illinois spectators and standardbred horsemen |
6 |
| are entitled to have a similar
opportunity to participate in |
7 |
| live standardbred racing as spectators in the
Chicago area. The |
8 |
| General Assembly declares that in order to remove this
|
9 |
| disparity between southern Illinois and the Chicago area, it is |
10 |
| necessary for
the State to mandate standardbred racing |
11 |
| throughout the State by tying the authorization to conduct
|
12 |
| electronic gaming to a commitment to conduct at least 25 days |
13 |
| of standardbred
racing in any county in which an organization |
14 |
| licensee is operating.
|
15 |
| (b) The Board shall award one electronic gaming license to |
16 |
| each organization licensee under
the Illinois Horse Racing Act |
17 |
| of 1975, subject to application and eligibility
requirements of |
18 |
| this Act, including the payment of all applicable fees. |
19 |
| (c) As soon as practical after the effective date of this |
20 |
| amendatory Act of the 95th General Assembly, the Board may |
21 |
| authorize up to 3,600 aggregate
electronic gambling positions |
22 |
| statewide as provided in this Section. The authority to
operate |
23 |
| positions under this Section shall be allocated
as follows: |
24 |
| (1) The organization licensee operating at Arlington |
25 |
| Park Race Course may
operate up to 1,100 gaming positions |
26 |
| at a time;
|
|
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| (2) The organization licensees operating at Hawthorne |
2 |
| Race Course,
including
the organization licensee formerly |
3 |
| operating at Sportsman's Park, may
collectively operate up |
4 |
| to 900 gaming positions at a time;
|
5 |
| (3) The organization licensee operating at Balmoral |
6 |
| Park may operate up to
300 gaming positions at a time;
|
7 |
| (4) The organization licensee operating at Maywood |
8 |
| Park may operate up to
800 gaming positions at a time; and
|
9 |
| (5) The organization licensee operating at Fairmount |
10 |
| Park may operate up to
500 gaming positions at a time. |
11 |
| (d) Any positions that are not obtained by an organization |
12 |
| licensee shall be retained by the Gaming Board and shall be |
13 |
| offered in equal amounts to electronic gaming licensees who |
14 |
| have purchased all of the positions that were offered. This |
15 |
| process shall continue until all positions have been purchased. |
16 |
| All positions obtained pursuant to this process must be in |
17 |
| operation within 12 months after they were obtained or the |
18 |
| electronic gaming licensee forfeits the right to operate all of |
19 |
| the positions, but is not entitled to a refund of any fees |
20 |
| paid. The Board may, after holding a public hearing, grant |
21 |
| extensions so long as an gaming licensee is working in good |
22 |
| faith to begin conducting electronic gaming. The extension may |
23 |
| be for a period of 6 months. If, after the period of the |
24 |
| extension, a licensee has not begun to conduct electronic |
25 |
| gaming, another public hearing must be held by the Board before |
26 |
| it may grant another extension. |
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| (e) In the event that any positions remain unpurchased, |
2 |
| those positions shall first be made available in equal amounts |
3 |
| to owners licensees conducting gambling operations on the |
4 |
| effective date of this amendatory Act of the 95th General |
5 |
| Assembly under subsection (h-2) of Section 7, subject to the |
6 |
| payment of all applicable fees. In the event the positions |
7 |
| remain unpurchased after being offered to owners licensees |
8 |
| conducting gambling operations on the effective date of this |
9 |
| amendatory Act of the 95th General Assembly, those positions |
10 |
| shall be held by the Board for any owners licensee that was not |
11 |
| conducting gambling operations on the effective date of this |
12 |
| amendatory Act. |
13 |
| (f) The Gaming Board shall determine hours of operation for |
14 |
| electronic gaming facilities by rule.
|
15 |
| (g) To be eligible to conduct electronic gaming, an |
16 |
| organization licensee
must (i) obtain an electronic gaming |
17 |
| license, (ii) hold an organization license
under the Illinois |
18 |
| Horse Racing Act of 1975, (iii) hold an inter-track wagering
|
19 |
| license, (iv) pay an initial fee of $50,000 for each position |
20 |
| it is authorized to operate, plus make the reconciliation |
21 |
| payment required under subsection (i), (v) meet the live racing |
22 |
| requirements set forth in Section 20 of the Illinois Horse |
23 |
| Racing Act of 1975, and (vi) meet all other requirements of |
24 |
| this Act that apply to
owners licensees. The $50,000 fee per |
25 |
| position is payable in full at the time the positions are |
26 |
| awarded. |
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| (h) Each organization licensee who obtains electronic |
2 |
| gaming positions must make a reconciliation payment 4 years |
3 |
| after the date the electronic gaming licensee begins operating |
4 |
| the positions in an amount equal to 75% of the net adjusted |
5 |
| gross receipts from electronic gaming for the most lucrative |
6 |
| 12-month period of operations, minus an amount equal to $50,000 |
7 |
| per electronic gaming position. If this calculation results in |
8 |
| a negative amount, then the electronic gaming licensee is not |
9 |
| entitled to any reimbursement of fees previously paid. This |
10 |
| reconciliation payment may be made in installments over a |
11 |
| period of no more than 5 years, subject to Board approval. For |
12 |
| the purpose of this subsection (h), "net adjusted gross |
13 |
| receipts" has the same meaning as that term is given in |
14 |
| subsection (a-6) of Section 13.
|
15 |
| (i) For each calendar year after 2007 in which an |
16 |
| electronic gaming licensee
requests a number of racing days |
17 |
| under its organization license that is less
than 90% of the |
18 |
| number of days of live racing it was awarded in 2007, the
|
19 |
| electronic gaming licensee may not conduct electronic gaming.
|
20 |
| (j) In any calendar year that an organization licensee with |
21 |
| an electronic gaming license conducts fewer races than they |
22 |
| were awarded in that calendar year, except for the reasons |
23 |
| specified in subsection (e-3) of Section 20 of the Illinois |
24 |
| Horse Racing Act of 1975, the revenues retained by the |
25 |
| electronic gaming licensee from electronic gaming on the days |
26 |
| when racing was awarded and did not occur will be split evenly |
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| between that organization licensee's purse account and the |
2 |
| Racing Industry Worker's Trust Fund.
|
3 |
| (k) Subject to the approval of the Illinois Gaming Board |
4 |
| and the Illinois Racing Board, an electronic gaming licensee |
5 |
| may make any temporary or permanent modification or additions |
6 |
| to any existing or new buildings and structures. No |
7 |
| modifications or additions shall alter the grounds of the |
8 |
| organization licensee such that the act of live racing is an |
9 |
| ancillary activity to electronic gaming. |
10 |
| Electronic gaming may take place in existing structures |
11 |
| where inter-track wagering is conducted at the race track or a |
12 |
| facility within 300 yards of the race track in accordance with |
13 |
| the provisions of this Act and the Illinois Horse Racing Act of |
14 |
| 1975. Any electronic gaming conducted at a facility within 300 |
15 |
| yards of the race track in accordance with this Act and the |
16 |
| Illinois Horse Racing Act of 1975 shall have an all-weather |
17 |
| egress connecting the electronic gaming facility and the race |
18 |
| track facility. |
19 |
| The electronic gambling facility must be distinctly |
20 |
| separate from the other areas of the racetrack to prohibit the |
21 |
| entrance of persons under 21 years of age and for the purpose |
22 |
| of tracking admissions to the electronic gambling facility to |
23 |
| comply with the admissions taxes under the Illinois Horse |
24 |
| Racing Act of 1975 and this Act. |
25 |
| (l) An electronic gaming licensee may conduct electronic |
26 |
| gaming at a
temporary facility
pending
the construction of a |
|
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| permanent facility or the
remodeling of an existing facility to |
2 |
| accommodate electronic gaming
participants
for up to 12 months |
3 |
| after receiving an electronic gaming
license. The Board may |
4 |
| grant extensions as provided in subsection (d) of this Section. |
5 |
| (m) The Illinois Gaming Board may adopt emergency rules in |
6 |
| accordance with Section 5-45 of the Illinois Administrative |
7 |
| Procedure Act as necessary to ensure compliance with the |
8 |
| provisions of this amendatory Act of the 95th General Assembly
|
9 |
| concerning electronic gaming. The adoption of emergency rules |
10 |
| authorized by this subsection (m) shall be deemed to be |
11 |
| necessary for the public interest, safety, and welfare. |
12 |
| (n) As soon as practical after a request is made by the |
13 |
| Illinois Gaming Board, to minimize duplicate submissions by the |
14 |
| applicant, the Illinois Racing Board must provide information |
15 |
| on an applicant for an electronic gaming license to the |
16 |
| Illinois Gaming Board. |
17 |
| (o) The electronic gaming licenses issued under this Act |
18 |
| shall permit the
holder to own the licensed facility
and |
19 |
| equipment
for a period of 3 years after the effective date of |
20 |
| the license. Holders of
electronic gaming licenses must pay the |
21 |
| annual license fee for each of
the 3
years during which they |
22 |
| are authorized to conduct gambling operations.
|
23 |
| (p) Upon the termination, expiration, or revocation of each |
24 |
| electronic gaming license, all licenses are
renewable for a |
25 |
| period of 4 years, unless the Board sets a shorter period, upon |
26 |
| payment of the fee and a determination by the Board
that the |
|
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| licensee continues to meet all of the requirements of this Act |
2 |
| and the
Board's rules.
|
3 |
| (230 ILCS 10/7.8 new)
|
4 |
| Sec. 7.8. Home rule. The regulation and licensing of |
5 |
| electronic gaming and
electronic gaming licensees are |
6 |
| exclusive powers and functions of the State. A
home rule unit |
7 |
| may not regulate or license electronic gaming or electronic
|
8 |
| gaming licensees. This Section is a denial and limitation of |
9 |
| home rule powers
and
functions under subsection (h) of Section |
10 |
| 6 of Article VII of the Illinois
Constitution. |
11 |
| (230 ILCS 10/7.10 new)
|
12 |
| Sec. 7.10. Electronic poker. |
13 |
| (a) A gaming licensee may apply to the Board for |
14 |
| authorization to operate up to 100 electronic poker positions |
15 |
| at its licensed facility. The authorization that the Board |
16 |
| issues to the gaming licensee shall specify the number of |
17 |
| electronic poker positions the gaming licensee may operate, |
18 |
| which shall not be counted against the limit on the number of |
19 |
| gaming positions under this Act. |
20 |
| (b) The Board must adopt rules for the authorization and |
21 |
| administration of the conduct of electronic poker. |
22 |
| (230 ILCS 10/7.11 new)
|
23 |
| Sec. 7.11. Casino license. Upon approval of the Authority |
|
|
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| Board and the casino operator licensee, the Illinois Gaming |
2 |
| Board shall issue a casino license to the Authority that |
3 |
| authorizes the conduct of gambling operations in a land-based |
4 |
| facility located in the City of Chicago. A casino license shall |
5 |
| authorize the holder to operate 4,000 gaming positions. The |
6 |
| Illinois Gaming Board shall assess a license fee of |
7 |
| $200,000,000, plus (i) $300,000,000 or (ii) 50% of the total |
8 |
| amount received by the Authority pursuant to a bid for a casino |
9 |
| management contract or an executed casino management contract |
10 |
| as authorized under the Chicago Casino Development Authority |
11 |
| Act, whichever is greater. The Board shall deposit the license |
12 |
| fee into the Illinois Works Fund. |
13 |
| In granting any license authorizing the conduct of gambling |
14 |
| operations in a casino, the Illinois Gaming Board shall |
15 |
| determine the fitness of the licensee to hold the license in |
16 |
| the same manner as any other license under this Act. If the |
17 |
| license is held by the Authority, the Illinois Gaming Board |
18 |
| shall have the same authority over that licensee as any other |
19 |
| licensee under this Act. |
20 |
| (230 ILCS 10/7.11a new)
|
21 |
| Sec. 7.11a. Casino license. If, after conducting the study |
22 |
| in subsection (h) of Section 5, the Board determines that State |
23 |
| conduct of gambling is in the best interest of the State, then |
24 |
| upon approval of the State Casino Development Board and the |
25 |
| State casino operator licensee, the Illinois Gaming Board shall |
|
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| issue a casino license to the State Authority that authorizes |
2 |
| the conduct of gambling operations in a casino in this State, |
3 |
| which shall be the State casino license. If, after conducting |
4 |
| the study in subsection (h) of Section 5, the Board determines |
5 |
| that State conduct of gambling is not in the best interest of |
6 |
| this State, then the Board shall issue a casino license through |
7 |
| a competitive bidding process to a private entity as set forth |
8 |
| in Section 7.5 of this Act. Application for the license shall |
9 |
| be as set forth in Section 6 of this Act. A casino license |
10 |
| issued under this Section shall authorize the holder to operate |
11 |
| 1,200 gaming positions. The Board shall have the same authority |
12 |
| over the State Authority as any other licensee. |
13 |
| The Board may locate any casino in which a gambling |
14 |
| operation is conducted by the State in any location upon |
15 |
| receipt of approval from a majority vote of the governing body |
16 |
| of the municipality or county, as the case may be, in which the |
17 |
| casino will be located. |
18 |
| (230 ILCS 10/7.12 new)
|
19 |
| Sec. 7.12. Casino operator license or State casino operator |
20 |
| license. |
21 |
| (a) A qualified person may apply to the Board for a casino |
22 |
| operator license or State casino operator license to
operate
|
23 |
| and manage any gambling operation conducted by the Authority or |
24 |
| State Authority. The application shall
be
made on forms |
25 |
| provided by the Board and shall contain such information as the
|
|
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| Board
prescribes, including but not limited to information |
2 |
| required in Sections 6(a),
(b), and
(c) and information |
3 |
| relating to the applicant's proposed price to manage the |
4 |
| Authority's or State Authority's gambling
operations and to |
5 |
| provide the casino, gambling equipment, and supplies
necessary |
6 |
| to
conduct gambling operations. |
7 |
| (b) A person, firm, or corporation is ineligible to receive |
8 |
| a casino operator license or State casino operator license if:
|
9 |
| (1) the person has been convicted of a felony under the |
10 |
| laws of this
State, any other state, or the United States;
|
11 |
| (2) the person has been convicted of any violation of |
12 |
| Article 28 of
the Criminal Code of 1961, or substantially |
13 |
| similar laws of any other
jurisdiction;
|
14 |
| (3) the person has submitted an application for a |
15 |
| license under this
Act that contains false information;
|
16 |
| (4) the person is a member of the Board;
|
17 |
| (5) a person defined in (1), (2), (3), or (4) is an |
18 |
| officer, director, or
managerial employee of the firm or |
19 |
| corporation;
|
20 |
| (6) the firm or corporation employs a person defined in |
21 |
| (1), (2), (3),
or (4) who participates in the management or |
22 |
| operation of gambling
operations authorized under this |
23 |
| Act; or
|
24 |
| (7) a license of the person, firm, or corporation |
25 |
| issued under this Act,
or
a license to own or operate |
26 |
| gambling facilities in any other jurisdiction, has
been |
|
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| revoked.
|
2 |
| (c) In determining whether to grant a casino operator |
3 |
| license or State casino operator license, the
Board shall |
4 |
| consider:
|
5 |
| (1) the character, reputation, experience and |
6 |
| financial integrity of the
applicants and of any other or |
7 |
| separate person that either:
|
8 |
| (A) controls, directly or indirectly, such |
9 |
| applicant, or
|
10 |
| (B) is controlled, directly or indirectly, by such |
11 |
| applicant or by a
person which controls, directly or |
12 |
| indirectly, such applicant;
|
13 |
| (2) the facilities or proposed facilities for the |
14 |
| conduct of
gambling;
|
15 |
| (3) the highest prospective total revenue to be derived |
16 |
| by the State
from the conduct of gambling;
|
17 |
| (4) the extent to which the ownership of the applicant |
18 |
| reflects the
diversity of the State by including minority |
19 |
| persons and females
and the good faith affirmative action |
20 |
| plan of
each applicant to recruit, train, and upgrade |
21 |
| minority persons and females in all employment |
22 |
| classifications;
|
23 |
| (5) the financial ability of the applicant to purchase |
24 |
| and maintain
adequate liability and casualty insurance;
|
25 |
| (6) whether the applicant has adequate capitalization |
26 |
| to provide and
maintain, for the duration of a license, a |
|
|
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| casino; and
|
2 |
| (7) the extent to which the applicant exceeds or meets |
3 |
| other standards
for the issuance of a managers license that |
4 |
| the Board may adopt by rule.
|
5 |
| (d) Each applicant shall submit with his or her |
6 |
| application, on forms
prescribed by
the Board, 2 sets of his or |
7 |
| her fingerprints.
|
8 |
| (e) The Board shall charge each applicant a fee, set by the |
9 |
| Board, to defray
the costs associated with the background |
10 |
| investigation conducted by the
Office of Gaming Enforcement.
|
11 |
| (f) A person who knowingly makes a false statement on an |
12 |
| application is
guilty of a Class A misdemeanor.
|
13 |
| (g) The casino operator license or State casino operator |
14 |
| license shall be issued only upon proof that it has entered |
15 |
| into a labor peace agreement with each labor organization that |
16 |
| is actively engaged in representing and attempting to represent |
17 |
| casino and hospitality industry workers in this State. The |
18 |
| labor peace agreement must be a valid and enforceable agreement |
19 |
| under 29 U.S.C. 185 that protects the city's and State's |
20 |
| revenues from the operation of the casino facility by |
21 |
| prohibiting the labor organization and its members from |
22 |
| engaging in any picketing, work stoppages, boycotts, or any |
23 |
| other economic interference with the casino facility for at |
24 |
| least the first 5 years of the casino license and must cover |
25 |
| all operations at the casino facility that are conducted by |
26 |
| lessees or tenants or under management agreements. |
|
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| (h) The casino operator license or State casino operator |
2 |
| license shall be for a term not to exceed 10 years, shall
be
|
3 |
| renewable at the Board's option, and shall contain such terms |
4 |
| and
provisions as the Board deems necessary to protect or |
5 |
| enhance the
credibility and integrity of State gambling |
6 |
| operations, achieve the highest
prospective total revenue to |
7 |
| the State, and otherwise serve the interests of
the citizens of |
8 |
| Illinois.
|
9 |
| (230 ILCS 10/7.14 new)
|
10 |
| Sec. 7.14. Obligations of licensure; licensure is a |
11 |
| privilege. |
12 |
| (a) All licensees under this Act have a continuing duty to |
13 |
| maintain suitability for licensure. A license does
not create a |
14 |
| property right, but is a revocable privilege granted by the |
15 |
| State contingent upon
continuing suitability for licensure. |
16 |
| (b) Licensees under this Act shall have a continuing, |
17 |
| affirmative duty to investigate the backgrounds of its |
18 |
| principal shareholders and officers. |
19 |
| (c) An applicant for licensure under this Act is seeking a |
20 |
| privilege and assumes and accepts any and all risk of
adverse |
21 |
| publicity, notoriety, embarrassment, criticism, or other |
22 |
| action or financial
loss which may occur in connection with the |
23 |
| application process.
Any misrepresentation or omission made |
24 |
| with respect to an application may be
grounds for denial of the |
25 |
| application. |
|
|
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09500HB2651sam003 |
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|
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| (230 ILCS 10/7.15 new)
|
2 |
| Sec. 7.15. Undue economic concentration. |
3 |
| (a) In addition to considering all other requirements under |
4 |
| this Act, in deciding whether to approve direct or indirect |
5 |
| ownership or control of a gaming license, the Board shall |
6 |
| consider the impact of any economic concentration of the |
7 |
| ownership or control. No direct or indirect ownership or |
8 |
| control shall be approved and no gaming license shall be issued |
9 |
| or transferred to or held by any person or entity if the Board |
10 |
| determines that approval, issuance, transfer, or holding shall |
11 |
| result in undue economic concentration in the direct or |
12 |
| indirect ownership or control of gambling operations in |
13 |
| Illinois. However, under no circumstances shall the geographic |
14 |
| location of any gaming license be a factor in determining |
15 |
| whether an undue economic concentration exists. |
16 |
| (b) For the purposes of this Section, "undue economic |
17 |
| concentration" means that a person or entity would have actual |
18 |
| or potential domination of gambling in Illinois sufficient to: |
19 |
| (1) substantially impede or suppress competition among |
20 |
| holders of gaming licenses; |
21 |
| (2) adversely impact the economic stability of the |
22 |
| gaming industry in Illinois; or |
23 |
| (3) negatively impact the purposes of this Act, |
24 |
| including tourism, economic development, benefits to local |
25 |
| communities, and State and local revenues. |
|
|
|
09500HB2651sam003 |
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|
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| (c) In determining whether the issuance, transfer, or |
2 |
| holding, directly or indirectly, of a gaming license shall |
3 |
| result in undue economic concentration, the Board shall |
4 |
| consider the following criteria: |
5 |
| (1) The percentage share of the market presently owned |
6 |
| or controlled by a person or entity, directly or |
7 |
| indirectly, in each of the following categories: |
8 |
| (A) The total number of licensed facilities in |
9 |
| Illinois. |
10 |
| (B) Total gaming square footage. |
11 |
| (C) Number of persons employed in the gambling |
12 |
| operation and any affiliated hotel operation. |
13 |
| (D) Number of guest rooms in an affiliated hotel. |
14 |
| (E) Number of electronic gaming devices. |
15 |
| (F) Number of table games. |
16 |
| (G) Net revenue and adjusted gross receipts. |
17 |
| (H) Table win. |
18 |
| (I) Electronic gaming device win. |
19 |
| (J) Table drop. |
20 |
| (K) Electronic gaming device drop. |
21 |
| (2) The estimated increase in the market shares in the |
22 |
| categories in item (1) of this subsection (c) if the person |
23 |
| or entity is approved, or is issued or permitted to hold |
24 |
| the gaming license. |
25 |
| (3) The relative position of other persons or entities |
26 |
| that own or control gaming licenses in Illinois, as |
|
|
|
09500HB2651sam003 |
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|
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| evidenced by the market shares of each gaming license in |
2 |
| the categories in item (1) of this subsection (c). |
3 |
| (4) The current and projected financial condition of |
4 |
| the gaming industry. |
5 |
| (5) Current market conditions, including level of |
6 |
| competition, consumer demand, market concentration, and |
7 |
| any other relevant characteristics of the market. |
8 |
| (6) Whether the gaming licenses to be issued, |
9 |
| transferred or held, directly or indirectly, by the person |
10 |
| or entity have separate organizational structures or other |
11 |
| independent obligations. |
12 |
| (7) The potential impact on the projected future growth |
13 |
| and development of the gambling industry, the local |
14 |
| communities in which gaming licenses are located, and the |
15 |
| State of Illinois. |
16 |
| (8) The barriers to entry into the gambling industry, |
17 |
| including the licensure requirements of this Act and its |
18 |
| rules, and whether the issuance or transfer to, or holding, |
19 |
| directly or indirectly, of, a gaming license by the person |
20 |
| or entity will operate as a barrier to new companies and |
21 |
| individuals desiring to enter the market. |
22 |
| (9) Whether the issuance or transfer to or holding, |
23 |
| directly or indirectly, of the gaming license by the person |
24 |
| or entity will adversely impact on consumer interests, or |
25 |
| whether such issuance, transfer or holding is likely to |
26 |
| result in enhancing the quality and customer appeal of |
|
|
|
09500HB2651sam003 |
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|
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| products and services offered by licensed facilities in |
2 |
| order to maintain or increase their respective market |
3 |
| shares. |
4 |
| (10) Whether a restriction on the issuance or transfer |
5 |
| of a gaming license to, or holding, directly or indirectly, |
6 |
| of, an additional gaming license by the person is necessary |
7 |
| in order to encourage and preserve competition in casino |
8 |
| operations. |
9 |
| (11) Any other information deemed relevant by the |
10 |
| Board.
|
11 |
| (d) A current licensee may bid on any license awarded after |
12 |
| the effective date of this amendatory Act of the 95th General |
13 |
| Assembly; provided however, if the Board determines issuance of |
14 |
| the license will result in undue economic concentration, the |
15 |
| Board may require the licensee to divest holdings in a current |
16 |
| license as a condition of granting a license. The Board may |
17 |
| also require a licensee to divest holdings in a current license |
18 |
| if the licensee acquires an additional license through transfer |
19 |
| or sale. |
20 |
| (230 ILCS 10/7.25 new)
|
21 |
| Sec. 7.25. Diversity program. |
22 |
| (a) Each gaming licensee and suppliers licensee shall |
23 |
| establish and maintain a diversity program to ensure |
24 |
| non-discrimination in the award and administration of |
25 |
| contracts. The programs shall establish goals of awarding not |
|
|
|
09500HB2651sam003 |
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|
1 |
| less than 25% of the annual dollar value of all contracts, |
2 |
| purchase orders, or other agreements to minority owned |
3 |
| businesses and 5% of the annual dollar value of all contracts |
4 |
| to female owned businesses. |
5 |
| (b) Each gaming licensee shall establish and maintain a |
6 |
| diversity program designed to promote equal opportunity for |
7 |
| employment. The program shall establish hiring goals as the |
8 |
| Board and each licensee determines appropriate. The Board shall |
9 |
| monitor the progress of the gaming licensees' progress with |
10 |
| respect to the program's goals. |
11 |
| (c) No later than May 31st of each year each licensee shall |
12 |
| report to the Board the number of respective employees and the |
13 |
| number of their respective employees who have designated |
14 |
| themselves as members of a minority group and gender. In |
15 |
| addition, all licensees shall submit a report with respect to |
16 |
| the minority owned and female owned businesses program created |
17 |
| in this Section to the Board. |
18 |
| (d) There is created the Diversity Program Commission. The |
19 |
| Commission shall consist of
2 members appointed by the |
20 |
| Governor, 2 members appointed by the President of the Senate, 2 |
21 |
| members appointed by the Minority Leader of the Senate, 2 |
22 |
| members appointed by the Speaker of the House of |
23 |
| Representatives, and 2 members appointed by the Minority leader |
24 |
| of the House of Representatives. Within 2 years after the |
25 |
| members of the Commission are appointed, the Commission shall |
26 |
| file a report with the Illinois Gaming Board, the General |
|
|
|
09500HB2651sam003 |
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|
|
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| Assembly, and the Governor regarding the status of minority and |
2 |
| female participation in gaming investment opportunities.
The |
3 |
| report shall focus on all of the following topics: |
4 |
| (1) The percentage of minorities and females that |
5 |
| currently reside in Illinois. |
6 |
| (2) The history of discrimination against minorities |
7 |
| and females within the gaming industry in Illinois. |
8 |
| (3) The availability of ready, willing, and able |
9 |
| minorities and females in Illinois to invest in gaming |
10 |
| operations within the State. |
11 |
| (4) The current amount of gaming investment throughout |
12 |
| Illinois by minorities and females. |
13 |
| (5) The need throughout the State to remedy past |
14 |
| discrimination practices regarding investment |
15 |
| opportunities for these groups. |
16 |
| (6) Other facts and statistical data to support the |
17 |
| need for remedial measures as a result of historical |
18 |
| exclusion of these groups within the gaming industry. |
19 |
| (230 ILCS 10/7.30 new)
|
20 |
| Sec. 7.30. Electronic gaming license transfer fee. |
21 |
| (a) An electronic gaming licensee or any other person must |
22 |
| apply for and receive the Illinois Gaming Board's approval |
23 |
| before: |
24 |
| (1) an electronic gaming license is transferred, sold, |
25 |
| or purchased; or |
|
|
|
09500HB2651sam003 |
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|
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| (2) a voting trust agreement or other similar agreement |
2 |
| is established with respect to the electronic gaming |
3 |
| license. |
4 |
| (b) The Illinois Gaming Board shall adopt rules governing |
5 |
| the procedure an electronic gaming licensee or other person |
6 |
| must follow to take an action under subsection (a) and (d). The |
7 |
| rules must specify that a person who obtains an ownership |
8 |
| interest in an electronic gaming license must meet the criteria |
9 |
| of this Act and comply with all applicable rules adopted by the |
10 |
| Illinois Gaming Board. A licensee may transfer an electronic |
11 |
| gaming license only in accordance with this Act and the rules |
12 |
| adopted by the Illinois Gaming Board. |
13 |
| (c) Except in compliance with rules adopted by the Illinois |
14 |
| Gaming Board, which shall not prohibit holders of electronic |
15 |
| gaming licenses or the parent companies of any such holders |
16 |
| from borrowings for the purpose of developing a gaming |
17 |
| investment nor, with respect to any public company, borrowings |
18 |
| at the parent level for general corporate purposes consistent |
19 |
| with past practices, in each case in the event such borrowings |
20 |
| are secured generally by substantially all of the assets of |
21 |
| holders or their parent companies, a person may not lease, |
22 |
| hypothecate, or borrow or loan money against an electronic |
23 |
| gaming license. |
24 |
| (d) Except as provided in subsection (e), a transfer fee is |
25 |
| imposed on an initial licensee who sells or otherwise |
26 |
| relinquishes an interest in an electronic gaming license in an |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| amount equal to the lesser for 20% of the net proceeds received |
2 |
| or the estimated net proceeds that could have been received |
3 |
| from the gaming positions added as a result of the electronic |
4 |
| gaming license for a period of one year preceding the license |
5 |
| transfer multiplied by the percentage interest in the |
6 |
| electronic gaming license sold or the percentage interest sold |
7 |
| multiplied by the product of the original gaming positions |
8 |
| licensed times $20,000 |
9 |
| This transfer fee will no longer be due on and after the |
10 |
| fifth anniversary of the effective date of this amendatory Act |
11 |
| of the 95th General Assembly. |
12 |
| (e) The fee imposed by subsection (d) shall not apply if: |
13 |
| (1) The electronic gaming license is transferred as a |
14 |
| result of any of the following: |
15 |
| (A) Bankruptcy, a receivership, or a debt |
16 |
| adjustment initiated by or against the initial |
17 |
| licensee or the substantial owners of the initial |
18 |
| license. |
19 |
| (B) Cancellation, revocation, or termination of |
20 |
| the electronic gaming licensee's license by the |
21 |
| Illinois Gaming Board. |
22 |
| (C) A determination by the Illinois Gaming Board |
23 |
| that transfer of the license is in the best interests |
24 |
| of Illinois Gaming. |
25 |
| (D) The death of an owner of the equity interest in |
26 |
| a licensee. |
|
|
|
09500HB2651sam003 |
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|
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| (E) A transaction in which less than a 5% interest |
2 |
| of a publicly traded company is transferred. |
3 |
| (F) A transfer by a parent company to a wholly |
4 |
| owned subsidiary. |
5 |
| (2) The controlling interest in the electronic gaming |
6 |
| license is transferred in a transaction to lineal |
7 |
| descendants in which no gain or loss is recognized or as a |
8 |
| result of a transaction in accordance with Section 351 of |
9 |
| the Internal Revenue Code in which no gain or loss is |
10 |
| recognized. |
11 |
| (f) The transfer of an electronic gaming license by a |
12 |
| person other than the initial licensee to receive the |
13 |
| electronic gaming license is not subject to a transfer fee.
|
14 |
| (230 ILCS 10/8)
(from Ch. 120, par. 2408)
|
15 |
| Sec. 8. Suppliers licenses.
|
16 |
| (a) The Board may issue a suppliers license to such |
17 |
| persons, firms or
corporations which apply therefor upon the |
18 |
| payment of a non-refundable
application fee set by the Board, |
19 |
| upon a determination by the Board that
the applicant is |
20 |
| eligible for a suppliers license and upon payment of a
$5,000 |
21 |
| annual license
fee.
|
22 |
| (b) The holder of a suppliers license is authorized to sell |
23 |
| or lease,
and to contract to sell or lease, gambling equipment |
24 |
| and supplies to any
licensee involved in the ownership or |
25 |
| management of gambling operations.
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| (c) Gambling supplies and equipment may not be distributed
|
2 |
| unless supplies and equipment conform to standards adopted by
|
3 |
| rules of the Board.
|
4 |
| (d) A person, firm or corporation is ineligible to receive |
5 |
| a suppliers
license if:
|
6 |
| (1) the person has been convicted of a felony under the |
7 |
| laws of this
State, any other state, or the United States;
|
8 |
| (2) the person has been convicted of any violation of |
9 |
| Article 28 of the
Criminal Code of 1961, or substantially |
10 |
| similar laws of any other jurisdiction;
|
11 |
| (3) the person has submitted an application for a |
12 |
| license under this
Act which contains false information;
|
13 |
| (4) the person is a member of the Board;
|
14 |
| (5) the firm or corporation is one in which a person |
15 |
| defined in (1),
(2), (3) or (4), is an officer, director or |
16 |
| managerial employee;
|
17 |
| (6) the firm or corporation employs a person who |
18 |
| participates in the
management or operation of riverboat |
19 |
| gambling authorized under this Act;
|
20 |
| (7) the 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 |
| (e) Any person that supplies any equipment, devices, or |
25 |
| supplies to a
gambling operation at a licensed facility |
26 |
| licensed riverboat gambling operation must
first obtain a |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| suppliers
license. A supplier shall furnish to the Board a list |
2 |
| of all equipment,
devices and supplies offered for sale or |
3 |
| lease in connection with gambling
games authorized under this |
4 |
| Act. A supplier shall keep books and records
for the furnishing |
5 |
| of equipment, devices and supplies to gambling
operations |
6 |
| separate and distinct from any other business that the supplier
|
7 |
| might operate. A supplier shall file a quarterly return with |
8 |
| the Board
listing all sales and leases. A supplier shall |
9 |
| permanently affix its name
to all its equipment, devices, and |
10 |
| supplies for gambling operations.
Any supplier's equipment, |
11 |
| devices or supplies which are used by any person
in an |
12 |
| unauthorized gambling operation shall be forfeited to the |
13 |
| State. A
gaming licensee
licensed
owner may own its own |
14 |
| equipment, devices and supplies. Each
gaming licensee holder of |
15 |
| an owners license under the
Act shall file an annual report
|
16 |
| listing its inventories of gambling equipment, devices and |
17 |
| supplies.
|
18 |
| (f) Any person who knowingly makes a false statement on an |
19 |
| application
is guilty of a Class A misdemeanor.
|
20 |
| (g) Any gambling equipment, devices and supplies provided |
21 |
| by any
licensed supplier may either be repaired at the licensed |
22 |
| facility on the riverboat or removed from
the licensed facility |
23 |
| riverboat to a
an on-shore
facility owned by gaming licensee |
24 |
| the holder of an owners
license for repair.
|
25 |
| (Source: P.A. 86-1029; 87-826.)
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| (230 ILCS 10/9)
(from Ch. 120, par. 2409)
|
2 |
| Sec. 9. Occupational licenses.
|
3 |
| (a) The Board may issue an occupational license to an |
4 |
| applicant upon the
payment of a non-refundable fee set by the |
5 |
| Board, upon a determination by
the Board that the applicant is |
6 |
| eligible for an occupational license and
upon payment of an |
7 |
| annual license fee in an amount to be established. To
be |
8 |
| eligible for an occupational license, an applicant must:
|
9 |
| (1) be at least 21 years of age if the applicant will |
10 |
| perform any
function involved in gaming by patrons. Any |
11 |
| applicant seeking an
occupational license for a non-gaming |
12 |
| function shall be at least 18 years
of age;
|
13 |
| (2) not have been convicted of a felony offense, a |
14 |
| violation of Article
28 of the Criminal Code of 1961, or a |
15 |
| similar statute of any other
jurisdiction, or a crime |
16 |
| involving dishonesty or moral turpitude;
|
17 |
| (3) have demonstrated a level of skill or knowledge |
18 |
| which the Board
determines to be necessary in order to |
19 |
| operate gambling at a licensed facility or to staff a |
20 |
| Responsible Play Information Center aboard a riverboat ; |
21 |
| and
|
22 |
| (4) have met standards for the holding of an |
23 |
| occupational license as
adopted by rules of the Board. Such |
24 |
| rules shall provide that any person or
entity seeking an |
25 |
| occupational license to manage gambling operations
|
26 |
| hereunder shall be subject to background inquiries and |
|
|
|
09500HB2651sam003 |
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|
|
1 |
| further requirements
similar to those required of |
2 |
| applicants for an owners license.
Furthermore, such rules |
3 |
| shall provide that each such entity shall be
permitted to |
4 |
| manage gambling operations for only one licensed owner.
|
5 |
| (b) Each application for an occupational license shall be |
6 |
| on forms
prescribed by the Board and shall contain all |
7 |
| information required by the
Board. The applicant shall set |
8 |
| forth in the application: whether he has been
issued prior |
9 |
| gambling related licenses; whether he has been licensed in any
|
10 |
| other state under any other name, and, if so, such name and his |
11 |
| age; and
whether or not a permit or license issued to him in |
12 |
| any other state has
been suspended, restricted or revoked, and, |
13 |
| if so, for what period of time.
|
14 |
| (c) Each applicant shall submit with his application, on |
15 |
| forms provided
by the Board, 2 sets of his fingerprints. The |
16 |
| Board shall charge each
applicant a fee set by the Department |
17 |
| of State Police to defray the costs
associated with the search |
18 |
| and classification of fingerprints obtained by
the Board with |
19 |
| respect to the applicant's application. These fees shall be
|
20 |
| paid into the State Police Services Fund.
|
21 |
| (d) The Board may in its discretion refuse an occupational |
22 |
| license to
any person: (1) who is unqualified to perform the |
23 |
| duties required of such
applicant; (2) who fails to disclose or |
24 |
| states falsely any information
called for in the application; |
25 |
| (3) who has been found guilty of a
violation of this Act or |
26 |
| whose prior gambling related license or
application therefor |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| has been suspended, restricted, revoked or denied for
just |
2 |
| cause in any other state; or (4) for any other just cause.
|
3 |
| (e) The Board may suspend, revoke or restrict any |
4 |
| occupational licensee:
(1) for violation of any provision of |
5 |
| this Act; (2) for violation of any
of the rules and regulations |
6 |
| of the Board; (3) for any cause which, if
known to the Board, |
7 |
| would have disqualified the applicant from receiving
such |
8 |
| license; or (4) for default in the payment of any obligation or |
9 |
| debt
due to the State of Illinois; or (5) for any other just |
10 |
| cause.
|
11 |
| (f) A person who knowingly makes a false statement on an |
12 |
| application is
guilty of a Class A misdemeanor.
|
13 |
| (g) Any license issued pursuant to this Section shall be |
14 |
| valid for a
period of one year from the date of issuance.
|
15 |
| (h) Nothing in this Act shall be interpreted to prohibit a |
16 |
| gaming licensee licensed
owner from entering into an agreement
|
17 |
| with a
school approved under the
Private Business and |
18 |
| Vocational Schools Act for the training of any
occupational |
19 |
| licensee. Any training offered by such a school shall be in
|
20 |
| accordance with a written agreement between the gaming licensee |
21 |
| licensed owner and the school.
|
22 |
| (i) Any training provided for occupational licensees may be |
23 |
| conducted
either at the licensed facility
on the riverboat or |
24 |
| at a
school with which a gaming licensee licensed owner has
|
25 |
| entered into an agreement pursuant to subsection (h).
|
26 |
| (Source: P.A. 86-1029; 87-826.)
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| (230 ILCS 10/9.3 new)
|
2 |
| Sec. 9.3. License fees; deposit. |
3 |
| (a) The Board shall annually determine the annual cost of |
4 |
| maintaining control and regulatory activities contemplated by |
5 |
| this Act for each individual licensee. The Office of Gaming |
6 |
| Enforcement shall certify to the Board actual and prospective |
7 |
| costs of the investigative and enforcement functions of the |
8 |
| Office. These costs, together with the general operating |
9 |
| expenses of the Board, shall be the basis for the fee imposed |
10 |
| on each licensee. Each individual licensee's fees shall be |
11 |
| based upon disproportionate costs for each individual |
12 |
| licensee. |
13 |
| (b) Upon issuance or the first renewal of a gaming license |
14 |
| after the effective date of this amendatory Act of the 95th |
15 |
| General Assembly, a gaming licensee shall deposit $100,000 into |
16 |
| a fund held by the Director of the Office of Gaming Enforcement |
17 |
| separate from State moneys. The moneys in the fund shall be |
18 |
| used by the Director of the Office of Gaming Enforcement for |
19 |
| the purpose of conducting any investigation concerning that |
20 |
| licensee. Upon each subsequent renewal of a gaming license, the |
21 |
| gaming licensee shall deposit the amount necessary to bring the |
22 |
| moneys in the fund attributable to that licensee to $100,000. |
23 |
| (230 ILCS 10/9.5 new)
|
24 |
| Sec. 9.5. Contractor disclosure of political |
|
|
|
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| contributions. |
2 |
| (a) As used in this Section: |
3 |
| "Contracts" means any agreement for services or goods for a |
4 |
| period to exceed one year or with an annual value of at least |
5 |
| $10,000. |
6 |
| "Contribution" means contribution as defined in this act. |
7 |
| "Affiliated person" means (i) any person with any ownership |
8 |
| interest or distributive share of the bidding or contracting |
9 |
| entity in excess of 1%, (ii) executive employees of the bidding |
10 |
| or contracting entity, and (iii) the spouse and minor children |
11 |
| of any such persons. |
12 |
| "Affiliated entity" means (i) any parent or subsidiary of |
13 |
| the bidding or contracting entity, (ii) any member of the same |
14 |
| unitary business group, or (iii) any political committee for |
15 |
| which the bidding or contracting entity is the sponsoring |
16 |
| entity. |
17 |
| (b) A bidder, offeror, or contractor for contracts with a |
18 |
| licensee shall disclose all political contributions of the |
19 |
| bidder, offeror, or contractor and any affiliated person or |
20 |
| entity. Such disclosure must accompany any contract. The |
21 |
| disclosure must be submitted to the Board with a copy of the |
22 |
| contract prior to Board approval of the contract. The |
23 |
| disclosure of each successful bidder or offeror shall become |
24 |
| part of the publicly available record. |
25 |
| (c) Disclosure by the bidder, offeror, or contractor shall |
26 |
| include at least the names and addresses of the contributors |
|
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09500HB2651sam003 |
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| and the dollar amounts of any contributions to any political |
2 |
| committee made within the previous 2 years. |
3 |
| (d) The Board shall refuse to approve any contract that |
4 |
| does not include the required disclosure. The Board must |
5 |
| include the disclosure on their website. |
6 |
| (e) The Board may direct a licensee to void a contract if a |
7 |
| violation of this Section occurs.
|
8 |
| (230 ILCS 10/11) (from Ch. 120, par. 2411)
|
9 |
| Sec. 11. Conduct of gambling. Gambling may be conducted by |
10 |
| gaming licensees at licensed facilities or in a temporary |
11 |
| location as provided in this Act. Gambling authorized under |
12 |
| this Section shall be licensed owners or licensed managers on |
13 |
| behalf
of the State aboard riverboats,
subject to the following |
14 |
| standards:
|
15 |
| (1) An owners A licensee may conduct riverboat gambling |
16 |
| authorized under this Act
regardless of whether it conducts |
17 |
| excursion cruises. A licensee may permit
the continuous |
18 |
| ingress and egress of passengers for the purpose of |
19 |
| gambling.
|
20 |
| (2) (Blank).
|
21 |
| (3) Minimum and maximum wagers on games shall be set by |
22 |
| the licensee.
|
23 |
| (4) Agents of the Office of Gaming Enforcement Board |
24 |
| and the Department of State Police may board
and inspect |
25 |
| any licensed facility riverboat at any time for the purpose |
|
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| of determining
whether this Act is being complied with. |
2 |
| Every riverboat, if under way and
being hailed by a law |
3 |
| enforcement officer or agent of the Board, must stop
|
4 |
| immediately and lay to.
|
5 |
| (5) Employees of the Board or Office of Gaming |
6 |
| Enforcement shall have the right to be present at the |
7 |
| licensed facility on the
riverboat or on adjacent |
8 |
| facilities under the control of the gaming licensee.
|
9 |
| (6) Gambling equipment and supplies customarily used |
10 |
| in the conduct of conducting
riverboat gambling must be |
11 |
| purchased or leased only from suppliers licensed
for such |
12 |
| purpose under this Act.
|
13 |
| (7) Persons licensed under this Act shall permit no |
14 |
| form of wagering on
gambling games except as permitted by |
15 |
| this Act.
|
16 |
| (8) Wagers may be received only from a person present |
17 |
| at a licensed facility on a licensed
riverboat . No person |
18 |
| present at a licensed facility on a licensed riverboat |
19 |
| shall place
or attempt to place a wager on behalf of |
20 |
| another person who is not present
at the licensed facility |
21 |
| on the riverboat .
|
22 |
| (9) Wagering , including electronic gaming, shall not |
23 |
| be conducted with money or other negotiable
currency.
|
24 |
| (10) A person under age 21 shall not be permitted on an |
25 |
| area of a
licensed facility riverboat where gambling is |
26 |
| being conducted, except for a person at least
18 years of |
|
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| age who is an employee of the riverboat
gambling operation. |
2 |
| No
employee under age 21 shall perform any function |
3 |
| involved in gambling by
the patrons. No person under age 21 |
4 |
| shall be permitted to make a wager under
this Act.
|
5 |
| (11) Gambling excursion cruises are permitted only |
6 |
| when the waterway for
which the riverboat is licensed is |
7 |
| navigable, as determined by
the Board in consultation with |
8 |
| the U.S. Army Corps of Engineers.
This paragraph (11) does |
9 |
| not limit the ability of a licensee to conduct
gambling |
10 |
| authorized under this Act when gambling excursion cruises |
11 |
| are not
permitted.
|
12 |
| (12) All tokens, chips , or electronic cards used to |
13 |
| make wagers must be
purchased (i) from an owners licensee a |
14 |
| licensed owner or manager , in the case of a riverboat, |
15 |
| either aboard the
a
riverboat or at
an onshore
facility |
16 |
| which has been approved by the Board and which is located |
17 |
| where
the riverboat docks , (ii) in the case of a casino, |
18 |
| from a licensed casino operator at the casino, or (iii) |
19 |
| from an electronic gaming licensee at the electronic gaming |
20 |
| facility . The tokens, chips or electronic cards may be
|
21 |
| purchased by means of an agreement under which the owner or |
22 |
| manager extends
credit to
the patron. Such tokens, chips or |
23 |
| electronic cards may be used
while at the licensed facility |
24 |
| aboard the riverboat only for the purpose of making wagers |
25 |
| on
gambling games and electronic poker .
|
26 |
| (13) Notwithstanding any other Section of this Act, in |
|
|
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09500HB2651sam003 |
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| addition to the
other licenses authorized under this Act, |
2 |
| the Board may issue special event
licenses allowing persons |
3 |
| who are not otherwise licensed to conduct
riverboat |
4 |
| gambling to conduct such gambling on a specified date or |
5 |
| series
of dates. Riverboat gambling under such a license |
6 |
| may take place on a
riverboat not normally used for |
7 |
| riverboat gambling. The Board shall
establish standards, |
8 |
| fees and fines for, and limitations upon, such
licenses, |
9 |
| which may differ from the standards, fees, fines and |
10 |
| limitations
otherwise applicable under this Act. All such |
11 |
| fees shall be deposited into
the State Gaming Fund. All |
12 |
| such fines shall be deposited into the
Education Assistance |
13 |
| Fund, created by Public Act 86-0018, of the State
of |
14 |
| Illinois.
|
15 |
| (14) In addition to the above, gambling must be |
16 |
| conducted in accordance
with all rules adopted by the |
17 |
| Board.
|
18 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
19 |
| (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
|
20 |
| Sec. 11.1. Collection of amounts owing under credit |
21 |
| agreements. Notwithstanding any applicable statutory provision |
22 |
| to the contrary, a
gaming licensee licensed owner or manager |
23 |
| who extends credit to a riverboat gambling patron
pursuant
to |
24 |
| Section 11 (a) (12) of this Act is expressly authorized to |
25 |
| institute a
cause of action to collect any amounts due and |
|
|
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| owing under the extension of
credit, as well as the owner's or |
2 |
| manager's costs, expenses and reasonable
attorney's
fees |
3 |
| incurred in collection.
|
4 |
| (Source: P.A. 93-28, eff. 6-20-03.)
|
5 |
| (230 ILCS 10/11.2)
|
6 |
| Sec. 11.2. Relocation of riverboat home dock. |
7 |
| (a) Prior to the effective date of this amendatory Act of |
8 |
| the 95th General Assembly, a A licensee that was not conducting
|
9 |
| riverboat gambling on January 1, 1998 may apply to the Board |
10 |
| for renewal and
approval of relocation to a new home dock |
11 |
| location authorized under Section
3(c) and
the Board
shall |
12 |
| grant the application and approval upon receipt by the licensee |
13 |
| of
approval from the new municipality or county, as the case |
14 |
| may be, in which the
licensee wishes to relocate pursuant to |
15 |
| Section 7(j).
|
16 |
| (b) Any licensee that relocates its home dock
pursuant
to |
17 |
| this Section shall attain a level of at least 20% minority |
18 |
| person and female
ownership, at least 16% and 4% respectively, |
19 |
| within a time period
prescribed by the Board,
but not to exceed |
20 |
| 12 months from the date
the licensee
begins conducting gambling |
21 |
| at the new home dock location. The 12-month period
shall be |
22 |
| extended by the amount of
time
necessary to conduct a |
23 |
| background investigation pursuant to Section 6.
For the |
24 |
| purposes of this
Section, the terms "female" and "minority |
25 |
| person" have the meanings provided in
Section 2 of the
Business |
|
|
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| Enterprise for Minorities, Females, and Persons with |
2 |
| Disabilities
Act.
|
3 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
4 |
| (230 ILCS 10/12) (from Ch. 120, par. 2412)
|
5 |
| Sec. 12. Admission tax; fees.
|
6 |
| (a) A tax is hereby imposed upon admissions to riverboats |
7 |
| and casinos operated by
licensed owners and upon admissions to |
8 |
| casinos and riverboats operated by casino operators on behalf |
9 |
| of the Authority authorized pursuant to this Act. Until July 1, |
10 |
| 2002, the
rate is $2 per person admitted. From July 1, 2002 |
11 |
| until
July 1, 2003, the rate is $3 per person admitted.
From |
12 |
| July 1, 2003 until the effective date of this amendatory Act of |
13 |
| the 94th General Assembly, for a licensee that admitted |
14 |
| 1,000,000 persons or
fewer in the previous calendar year, the |
15 |
| rate is $3 per person admitted; for a
licensee that admitted |
16 |
| more than 1,000,000 but no more than 2,300,000 persons
in the |
17 |
| previous calendar year, the rate is $4 per person admitted; and |
18 |
| for
a licensee that admitted more than 2,300,000 persons in the |
19 |
| previous calendar
year, the rate is $5 per person admitted.
|
20 |
| Beginning on August 23, 2005 ( the effective date of Public Act |
21 |
| 94-673) and until the effective date of this amendatory Act of |
22 |
| the 95th General Assembly this amendatory Act of the 94th |
23 |
| General Assembly , for a licensee that admitted 1,000,000 |
24 |
| persons or
fewer in calendar year 2004, the rate is $2 per |
25 |
| person admitted, and for all other
licensees the rate is $3 per |
|
|
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|
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| person admitted. Beginning on the effective date of this |
2 |
| amendatory Act of the 95th General Assembly, for a licensee |
3 |
| that conducted riverboat gambling operations in calendar year |
4 |
| 2003 and (i) admitted 1,000,000 persons or
fewer in the |
5 |
| calendar year 2003, the rate is $1 per person admitted; (ii) |
6 |
| admitted more than 1,000,000 persons but fewer than 1,500,000 |
7 |
| persons, the rate is $2 per person admitted; and (iii) admitted |
8 |
| 1,500,000 persons or more, the rate is $3 per person admitted. |
9 |
| For a licensee that receives its license under Section 7 and |
10 |
| was not conducting riverboat gambling operations in calendar |
11 |
| year 2003 and for a licensee under Section 7.11a, except for a |
12 |
| license held by the Illinois Casino Development Act, the rate |
13 |
| is $3 per person admitted.
This admission tax is imposed upon |
14 |
| the
licensed owner conducting gambling.
|
15 |
| (1) The admission tax shall be paid for each admission, |
16 |
| except that a person who exits a riverboat gambling |
17 |
| facility and reenters that riverboat gambling facility |
18 |
| within the same gaming day shall be subject only to the |
19 |
| initial admission tax. The Board shall establish, by rule, |
20 |
| a procedure to determine whether a person admitted to a |
21 |
| riverboat gambling facility or casino has paid the |
22 |
| admission tax.
|
23 |
| (2) (Blank).
|
24 |
| (3) An owners licensee and the Authority The riverboat |
25 |
| licensee may issue tax-free passes to
actual and necessary |
26 |
| officials and employees of the licensee or other
persons |
|
|
|
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|
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| actually working on the riverboat or in the casino .
|
2 |
| (4) The number and issuance of tax-free passes is |
3 |
| subject to the rules
of the Board, and a list of all |
4 |
| persons to whom the tax-free passes are
issued shall be |
5 |
| filed with the Board.
|
6 |
| (a-5) A fee is hereby imposed upon admissions operated by |
7 |
| licensed
managers on behalf of the State pursuant to Section |
8 |
| 7.3 at the rates provided
in
this subsection (a-5). For a |
9 |
| licensee that
admitted 1,000,000 persons or fewer in the |
10 |
| previous calendar year, the rate is
$3 per person admitted; for |
11 |
| a licensee that admitted more than 1,000,000 but no
more than |
12 |
| 2,300,000 persons
in the previous calendar year, the rate is $4 |
13 |
| per person admitted; and for
a licensee that admitted more than |
14 |
| 2,300,000 persons in the previous calendar
year, the rate is $5 |
15 |
| per person admitted.
|
16 |
| (1) The admission fee shall be paid for each admission.
|
17 |
| (2) (Blank).
|
18 |
| (3) The licensed manager may issue fee-free passes to |
19 |
| actual and necessary
officials and employees of the manager |
20 |
| or other persons actually working on the
riverboat.
|
21 |
| (4) The number and issuance of fee-free passes is |
22 |
| subject to the rules
of the Board, and a list of all |
23 |
| persons to whom the fee-free passes are
issued shall be |
24 |
| filed with the Board.
|
25 |
| (b) From the tax imposed under subsection (a) and the fee |
26 |
| imposed under
subsection (a-5), a municipality shall receive |
|
|
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| from the State $1 for each
person embarking on a riverboat |
2 |
| docked within the municipality or entering a casino located |
3 |
| within the municipality , and a county
shall receive $1 for each |
4 |
| person entering a casino or embarking on a riverboat docked |
5 |
| within the
county but outside the boundaries of any |
6 |
| municipality. The municipality's or
county's share shall be |
7 |
| collected by the Board on behalf of the State and
remitted |
8 |
| quarterly by the State, subject to appropriation, to the |
9 |
| treasurer of
the unit of local government for deposit in the |
10 |
| general fund. For each admission in excess of 1,500,000 in a |
11 |
| year, from the tax imposed under this Section, the county in |
12 |
| which the licensee's home dock is located shall receive, |
13 |
| subject to appropriation, $0.15, which shall be in addition to |
14 |
| any other moneys paid to the county under this Section.
|
15 |
| (c) The licensed owner and the licensed casino operator |
16 |
| conducting gambling operations on behalf of the Authority shall |
17 |
| pay the entire admission tax to the Board and
the licensed |
18 |
| manager shall pay the entire admission fee to the Board.
Such |
19 |
| payments shall be made daily. Accompanying each payment shall |
20 |
| be a
return on forms provided by the Board which shall include |
21 |
| other
information regarding admissions as the Board may |
22 |
| require. Failure to
submit either the payment or the return |
23 |
| within the specified time may
result in suspension or |
24 |
| revocation of the owners or managers license.
|
25 |
| (d) The Board shall administer and collect the admission |
26 |
| tax imposed by
this Section, to the extent practicable, in a |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
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| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
2 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the |
3 |
| Retailers' Occupation Tax Act and
Section 3-7 of the Uniform |
4 |
| Penalty and Interest Act.
|
5 |
| (Source: P.A. 94-673, eff. 8-23-05; 95-663, eff. 10-11-07.)
|
6 |
| (230 ILCS 10/12.1 new)
|
7 |
| Sec. 12.1. Identification required. An owners licensee or |
8 |
| casino licensee shall implement procedures to obtain a valid |
9 |
| government-issued photo identification card containing, at a |
10 |
| minimum, a date of birth from patrons appearing to be age 30 |
11 |
| and under prior to the patron passing through the admission |
12 |
| turnstiles. The owners licensee or casino licensee shall file |
13 |
| the procedures with the Board. The procedures shall include the |
14 |
| following: |
15 |
| (1) The forms of identification accepted, which shall |
16 |
| include: |
17 |
| (A) a driver's license or State photo |
18 |
| identification card issued in the United States; |
19 |
| (B) a passport; |
20 |
| (C) a U.S. issued military I.D.; |
21 |
| (D) a photo identification card issued by a |
22 |
| government entity located within the United States or a |
23 |
| U.S. territory or possession; and |
24 |
| (E) a U.S. issued alien identification card. |
25 |
| (2) A description of how information obtained from the |
|
|
|
09500HB2651sam003 |
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|
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| identification card will be compared to the Board's |
2 |
| Statewide Voluntary Self-Exclusion List, including a |
3 |
| description of procedures to ensure the confidentiality of |
4 |
| the information. Information obtained from identification |
5 |
| cards may be maintained for statistical or regulatory |
6 |
| purposes, but not for marketing, promotional, or any other |
7 |
| purpose. |
8 |
| The Board may not enforce, impose, or adopt administrative |
9 |
| rules for identification requirements or procedures other than |
10 |
| those contained in this Section.
|
11 |
| (230 ILCS 10/13) (from Ch. 120, par. 2413)
|
12 |
| Sec. 13. Wagering tax; rate; distribution.
|
13 |
| (a) Until January 1, 1998, a tax is imposed on the adjusted |
14 |
| gross
receipts received from gambling games authorized under |
15 |
| this Act at the rate of
20%.
|
16 |
| (a-1) From January 1, 1998 until July 1, 2002, a privilege |
17 |
| tax is
imposed on persons engaged in the business of conducting |
18 |
| riverboat gambling
operations, based on the adjusted gross |
19 |
| receipts received by a licensed owner
from gambling games |
20 |
| authorized under this Act at the following rates:
|
21 |
| 15% of annual adjusted gross receipts up to and |
22 |
| including $25,000,000;
|
23 |
| 20% of annual adjusted gross receipts in excess of |
24 |
| $25,000,000 but not
exceeding $50,000,000;
|
25 |
| 25% of annual adjusted gross receipts in excess of |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| $50,000,000 but not
exceeding $75,000,000;
|
2 |
| 30% of annual adjusted gross receipts in excess of |
3 |
| $75,000,000 but not
exceeding $100,000,000;
|
4 |
| 35% of annual adjusted gross receipts in excess of |
5 |
| $100,000,000.
|
6 |
| (a-2) From July 1, 2002 until July 1, 2003, a privilege tax |
7 |
| is imposed on
persons engaged in the business of conducting |
8 |
| riverboat gambling operations,
other than licensed managers |
9 |
| conducting riverboat gambling operations on behalf
of the |
10 |
| State, based on the adjusted gross receipts received by a |
11 |
| licensed
owner from gambling games authorized under this Act at |
12 |
| the following rates:
|
13 |
| 15% of annual adjusted gross receipts up to and |
14 |
| including $25,000,000;
|
15 |
| 22.5% of annual adjusted gross receipts in excess of |
16 |
| $25,000,000 but not
exceeding $50,000,000;
|
17 |
| 27.5% of annual adjusted gross receipts in excess of |
18 |
| $50,000,000 but not
exceeding $75,000,000;
|
19 |
| 32.5% of annual adjusted gross receipts in excess of |
20 |
| $75,000,000 but not
exceeding $100,000,000;
|
21 |
| 37.5% of annual adjusted gross receipts in excess of |
22 |
| $100,000,000 but not
exceeding $150,000,000;
|
23 |
| 45% of annual adjusted gross receipts in excess of |
24 |
| $150,000,000 but not
exceeding $200,000,000;
|
25 |
| 50% of annual adjusted gross receipts in excess of |
26 |
| $200,000,000.
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| (a-3) Beginning July 1, 2003, a privilege tax is imposed on |
2 |
| persons engaged
in the business of conducting riverboat |
3 |
| gambling operations, other than
licensed managers conducting |
4 |
| riverboat gambling operations on behalf of the
State, based on |
5 |
| the adjusted gross receipts received by a licensed owner from
|
6 |
| gambling games authorized under this Act at the following |
7 |
| rates:
|
8 |
| 15% of annual adjusted gross receipts up to and |
9 |
| including $25,000,000;
|
10 |
| 27.5% of annual adjusted gross receipts in excess of |
11 |
| $25,000,000 but not
exceeding $37,500,000;
|
12 |
| 32.5% of annual adjusted gross receipts in excess of |
13 |
| $37,500,000 but not
exceeding $50,000,000;
|
14 |
| 37.5% of annual adjusted gross receipts in excess of |
15 |
| $50,000,000 but not
exceeding $75,000,000;
|
16 |
| 45% of annual adjusted gross receipts in excess of |
17 |
| $75,000,000 but not
exceeding $100,000,000;
|
18 |
| 50% of annual adjusted gross receipts in excess of |
19 |
| $100,000,000 but not
exceeding $250,000,000;
|
20 |
| 70% of annual adjusted gross receipts in excess of |
21 |
| $250,000,000.
|
22 |
| An amount equal to the amount of wagering taxes collected |
23 |
| under this
subsection (a-3) that are in addition to the amount |
24 |
| of wagering taxes that
would have been collected if the |
25 |
| wagering tax rates under subsection (a-2)
were in effect shall |
26 |
| be paid into the Common School Fund.
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| The privilege tax imposed under this subsection (a-3) shall |
2 |
| no longer be
imposed beginning on the earlier of (i) July 1, |
3 |
| 2005; (ii) the first date
after June 20, 2003 that riverboat |
4 |
| gambling operations are conducted
pursuant to a dormant |
5 |
| license; or (iii) the first day that riverboat gambling
|
6 |
| operations are conducted under the authority of an owners |
7 |
| license that is in
addition to the 10 owners licenses initially |
8 |
| authorized under this Act.
For the purposes of this subsection |
9 |
| (a-3), the term "dormant license"
means an owners license that |
10 |
| is authorized by this Act under which no
riverboat gambling |
11 |
| operations are being conducted on June 20, 2003.
|
12 |
| (a-4) Beginning on the first day on which the tax imposed |
13 |
| under
subsection (a-3) is no longer imposed, a privilege tax is |
14 |
| imposed on persons
engaged in the business of conducting |
15 |
| riverboat gambling operations, other
than licensed managers |
16 |
| conducting riverboat gambling operations on behalf of
the |
17 |
| State, based on the adjusted gross receipts received by a |
18 |
| licensed owner
from gambling games and electronic poker |
19 |
| authorized under this Act at the following rates:
|
20 |
| 15% of annual adjusted gross receipts up to and |
21 |
| including $25,000,000;
|
22 |
| 22.5% of annual adjusted gross receipts in excess of |
23 |
| $25,000,000 but not
exceeding $50,000,000;
|
24 |
| 27.5% of annual adjusted gross receipts in excess of |
25 |
| $50,000,000 but not
exceeding $75,000,000;
|
26 |
| 32.5% of annual adjusted gross receipts in excess of |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| $75,000,000 but not
exceeding $100,000,000;
|
2 |
| 37.5% of annual adjusted gross receipts in excess of |
3 |
| $100,000,000 but not
exceeding $150,000,000;
|
4 |
| 45% of annual adjusted gross receipts in excess of |
5 |
| $150,000,000 but not
exceeding $200,000,000;
|
6 |
| 50% of annual adjusted gross receipts in excess of |
7 |
| $200,000,000.
|
8 |
| (a-5) Beginning on the effective date of this amendatory |
9 |
| Act of the 95th General Assembly, a privilege tax is imposed on |
10 |
| casino gambling operations conducted pursuant to a license |
11 |
| issued to the Chicago Casino Development Authority or pursuant |
12 |
| to a license issued under Section 7.11a to a private entity at |
13 |
| the same rates specified in subsection (a-4) for the privilege |
14 |
| tax on riverboat gambling operations. No privilege tax shall be |
15 |
| imposed on casino gambling operations conducted pursuant to a |
16 |
| license issued to the Illinois Casino Development Authority. |
17 |
| (a-6) Beginning on the effective date of this amendatory |
18 |
| Act of the 95th General Assembly, a privilege tax is imposed on |
19 |
| persons conducting electronic gaming based on the net adjusted |
20 |
| gross receipts received by an electronic gaming licensee from |
21 |
| electronic gaming and electronic poker at the following rates: |
22 |
| 15% of annual net adjusted gross receipts up to and |
23 |
| including $25,000,000; |
24 |
| 22.5% of annual net adjusted gross receipts in excess |
25 |
| of $25,000,000 but not
exceeding $50,000,000; |
26 |
| 27.5% of annual net adjusted gross receipts in excess |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| of $50,000,000 but not
exceeding $75,000,000; |
2 |
| 32.5% of annual net adjusted gross receipts in excess |
3 |
| of $75,000,000 but not
exceeding $100,000,000; |
4 |
| 37.5% of annual net adjusted gross receipts in excess |
5 |
| of $100,000,000 but not
exceeding $150,000,000; |
6 |
| 45% of annual net adjusted gross receipts in excess of |
7 |
| $150,000,000 but not
exceeding $200,000,000; |
8 |
| 50% of annual net adjusted gross receipts in excess of |
9 |
| $200,000,000. |
10 |
| As used in this Section, "net adjusted gross receipts" |
11 |
| means total adjusted gross receipts minus purse account |
12 |
| distributions made pursuant to subsection (a-5) of Section 56 |
13 |
| of the Illinois Horse Racing Act of 1975. |
14 |
| (a-8) Riverboat gambling operations conducted by a |
15 |
| licensed manager on
behalf of the State are not subject to the |
16 |
| tax imposed under this Section.
|
17 |
| (a-10) The taxes imposed by this Section shall be paid by |
18 |
| the gaming licensee licensed
owner to the Board not later than |
19 |
| 3:00 o'clock p.m. of the day after the day
when the wagers were |
20 |
| made.
|
21 |
| (a-15) If the privilege tax imposed under subsection (a-3) |
22 |
| is no longer imposed pursuant to item (i) of the last paragraph |
23 |
| of subsection (a-3), then by June 15 of each year, each owners |
24 |
| licensee, other than an owners licensee that admitted 1,000,000 |
25 |
| persons or
fewer in calendar year 2004, must, in addition to |
26 |
| the payment of all amounts otherwise due under this Section, |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| pay to the Board a reconciliation payment in the amount, if |
2 |
| any, by which the licensed owner's base amount exceeds the |
3 |
| amount of net privilege tax paid by the licensed owner to the |
4 |
| Board in the then current State fiscal year. A licensed owner's |
5 |
| net privilege tax obligation due for the balance of the State |
6 |
| fiscal year shall be reduced up to the total of the amount paid |
7 |
| by the licensed owner in its June 15 reconciliation payment. |
8 |
| The obligation imposed by this subsection (a-15) is binding on |
9 |
| any person, firm, corporation, or other entity that acquires an |
10 |
| ownership interest in any such owners license. The obligation |
11 |
| imposed under this subsection (a-15) terminates on the earliest |
12 |
| of: (i) July 1, 2007, (ii) the first day after the effective |
13 |
| date of this amendatory Act of the 94th General Assembly that |
14 |
| riverboat gambling operations are conducted pursuant to a |
15 |
| dormant license, (iii) the first day that riverboat gambling |
16 |
| operations are conducted under the authority of an owners |
17 |
| license that is in addition to the 10 owners licenses initially |
18 |
| authorized under this Act, or (iv) the first day that a |
19 |
| licensee under the Illinois Horse Racing Act of 1975 conducts |
20 |
| gaming operations with slot machines or other electronic gaming |
21 |
| devices. The Board must reduce the obligation imposed under |
22 |
| this subsection (a-15) by an amount the Board deems reasonable |
23 |
| for any of the following reasons: (A) an act or acts of God, |
24 |
| (B) an act of bioterrorism or terrorism or a bioterrorism or |
25 |
| terrorism threat that was investigated by a law enforcement |
26 |
| agency, or (C) a condition beyond the control of the owners |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| licensee that does not result from any act or omission by the |
2 |
| owners licensee or any of its agents and that poses a hazardous |
3 |
| threat to the health and safety of patrons. If an owners |
4 |
| licensee pays an amount in excess of its liability under this |
5 |
| Section, the Board shall apply the overpayment to future |
6 |
| payments required under this Section. |
7 |
| For purposes of this subsection (a-15): |
8 |
| "Act of God" means an incident caused by the operation of |
9 |
| an extraordinary force that cannot be foreseen, that cannot be |
10 |
| avoided by the exercise of due care, and for which no person |
11 |
| can be held liable.
|
12 |
| "Base amount" means the following: |
13 |
| For a riverboat in Alton, $31,000,000.
|
14 |
| For a riverboat in East Peoria, $43,000,000.
|
15 |
| For the Empress riverboat in Joliet, $86,000,000.
|
16 |
| For a riverboat in Metropolis, $45,000,000.
|
17 |
| For the Harrah's riverboat in Joliet, $114,000,000.
|
18 |
| For a riverboat in Aurora, $86,000,000.
|
19 |
| For a riverboat in East St. Louis, $48,500,000.
|
20 |
| For a riverboat in Elgin, $198,000,000.
|
21 |
| "Dormant license" has the meaning ascribed to it in |
22 |
| subsection (a-3).
|
23 |
| "Net privilege tax" means all privilege taxes paid by a |
24 |
| licensed owner to the Board under this Section, less all |
25 |
| payments made from the State Gaming Fund pursuant to subsection |
26 |
| (b) of this Section. |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| The changes made to this subsection (a-15) by Public Act |
2 |
| 94-839 are intended to restate and clarify the intent of Public |
3 |
| Act 94-673 with respect to the amount of the payments required |
4 |
| to be made under this subsection by an owners licensee to the |
5 |
| Board.
|
6 |
| (b) Until January 1, 1998, 25% of the tax revenue deposited |
7 |
| in the State
Gaming Fund under this Section shall be paid, |
8 |
| subject to appropriation by the
General Assembly, to the unit |
9 |
| of local government which is designated as the
home dock of the |
10 |
| riverboat. Except as otherwise provided in this subsection
(b), |
11 |
| beginning Beginning January 1, 1998, from the tax revenue
|
12 |
| deposited in the State Gaming Fund under this Section, an |
13 |
| amount equal to 5% of
adjusted gross receipts generated by a |
14 |
| riverboat shall be paid monthly, subject
to appropriation by |
15 |
| the General Assembly, to the unit of local government that
is |
16 |
| designated as the home dock of the riverboat. |
17 |
| For calendar year 2008 and each year thereafter, (i) the |
18 |
| unit of local government that is designated as the home dock
of |
19 |
| a riverboat conducting gambling operations on the effective |
20 |
| date of this amendatory Act of the 95th General Assembly shall |
21 |
| not receive more money pursuant to this subsection (b) than it |
22 |
| received in the calendar year 2007. |
23 |
| If the Board certifies that the amounts paid under this |
24 |
| subsection (b) to a unit of local government in which a |
25 |
| riverboat in operation in calendar year 2007 is located during |
26 |
| the first and second calendar year that electronic gaming is |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
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 100% 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 third and fourth calendar year that electronic gaming is |
9 |
| conducted are less than those paid under this subsection during |
10 |
| the base year, then the Board shall pay from the State Gaming |
11 |
| Fund to the unit of local government that is designated as the |
12 |
| home dock of the riverboat an amount equal to 75% of the |
13 |
| difference. If the Board certifies that the amounts paid under |
14 |
| this subsection (b) to a unit of local government in which a |
15 |
| riverboat in operation in calendar year 2007 is located during |
16 |
| the fifth calendar year that electronic gaming is conducted are |
17 |
| less than those paid under this subsection during the base |
18 |
| year, then the Board shall pay from the State Gaming Fund to |
19 |
| the unit of local government that is designated as the home |
20 |
| dock of the riverboat an amount equal to 50% of the difference. |
21 |
| No payments for losses associated with electronic gaming shall |
22 |
| be made after the fifth year that electronic gaming is |
23 |
| conducted. |
24 |
| For the purpose of this subsection (b), "base year" means |
25 |
| the calendar year before electronic gaming is conducted in the |
26 |
| State of Illinois. |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| Beginning on the effective date of this amendatory Act of |
2 |
| the 95th General Assembly, from the tax revenue
deposited in |
3 |
| the State Gaming Fund under this Section, an amount equal to 2% |
4 |
| of
the new adjusted gross receipts generated by a riverboat not |
5 |
| located in St. Clair County that is conducting gambling |
6 |
| operations on the effective date of this amendatory Act of the |
7 |
| 95th General Assembly shall be paid monthly, subject
to |
8 |
| appropriation by the General Assembly, to the county in which |
9 |
| the home dock of the riverboat is located for the purposes of |
10 |
| its criminal justice system or health care. |
11 |
| Beginning on the effective date of this amendatory Act of |
12 |
| the 95th General Assembly, from the tax revenue deposited into |
13 |
| the State Gaming Fund under this Section, (i) an amount equal |
14 |
| to 0.75% of new adjusted gross receipts generated by a |
15 |
| riverboat located in St. Clair County conducting gambling |
16 |
| operations on the effective date of this amendatory Act of the |
17 |
| 95th General Assembly shall be paid monthly, subject to |
18 |
| appropriation by the General Assembly, to St. Clair County for |
19 |
| the purposes of its criminal justice system or health care and |
20 |
| (ii) an amount equal to 1.25% of new adjusted gross receipts |
21 |
| generated by a riverboat located in St. Clair County conducting |
22 |
| gambling operations on the effective date of this amendatory |
23 |
| Act of the 95th General Assembly shall be divided equally and |
24 |
| paid monthly, subject to appropriation by the General Assembly, |
25 |
| to the Village of Alorton, the Village of Brooklyn, the Village |
26 |
| of Cahokia, the City of Centreville, and the Village of |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| Washington Park for the purposes of economic development. |
2 |
| As used in this subsection (b), "new adjusted gross |
3 |
| receipts" means the difference between the adjusted gross |
4 |
| receipts generated by a riverboat conducting gambling |
5 |
| operations on the effective date of this amendatory Act of the |
6 |
| 95th General Assembly in the payment month and the adjusted |
7 |
| gross receipts generated by that riverboat in the corresponding |
8 |
| month in 2007. |
9 |
| As used in this subsection (b), "base year" means the |
10 |
| calendar year before electronic gaming is conducted in the |
11 |
| State of Illinois. |
12 |
| Beginning on the effective date of this amendatory Act of |
13 |
| the 95th General Assembly, from the tax revenue
deposited in |
14 |
| the State Gaming Fund under this Section, an amount equal to |
15 |
| (i) 2% of
adjusted gross receipts (net adjusted gross receipts |
16 |
| for electronic gaming facilities) generated by a riverboat not |
17 |
| in operation on the effective date of this amendatory Act of |
18 |
| the 95th General Assembly, casino, excluding the casino |
19 |
| operated by the Chicago Casino Development Authority and the |
20 |
| casino operated by the Illinois Casino Development Authority, |
21 |
| or electronic gaming facility located outside Madison County |
22 |
| shall be paid monthly, subject
to appropriation by the General |
23 |
| Assembly, to the unit of local government that is designated as |
24 |
| the home dock of the riverboat or the municipality in which a |
25 |
| casino, excluding the casino operated by the Chicago Casino |
26 |
| Development Authority and the casino operated by the Illinois |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| Casino Development Authority, or an electronic gaming facility |
2 |
| is located, (ii) 3% of
adjusted gross receipts (net adjusted |
3 |
| gross receipts for tracks) generated by a riverboat or casino |
4 |
| not in operation on the effective date of this amendatory Act |
5 |
| of the 95th General Assembly, except the casino operated by the |
6 |
| Chicago Casino Development Authority and the casino operated by |
7 |
| the Illinois Casino Development Authority, or the electronic |
8 |
| gaming facility located outside Madison County shall be paid |
9 |
| monthly, subject
to appropriation by the General Assembly, to |
10 |
| the county in which the home dock of the riverboat, the casino, |
11 |
| excluding the casino operated by the Chicago Casino Development |
12 |
| Authority and the casino operated by the Illinois Casino |
13 |
| Development Authority, or electronic gaming facility is |
14 |
| located for the purposes of its criminal justice system or |
15 |
| health care system, and (iii) 1.5% of adjusted gross receipts |
16 |
| generated by the casino operated by the Chicago Casino |
17 |
| Development Authority shall be paid monthly to Cook County for |
18 |
| the purposes of its criminal justice system or health care |
19 |
| system. In the case of an electronic gaming facility that is |
20 |
| not located in a municipality on the effective date of this |
21 |
| amendatory Act of the 95th General Assembly, the amounts |
22 |
| distributed under this subsection (b) shall be distributed |
23 |
| wholly to the county. |
24 |
| Beginning on the effective date of this amendatory Act of |
25 |
| the 95th General Assembly, from the tax revenue deposited in |
26 |
| the State Gaming Fund under this section, an amount equal to |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| (i) 2% of net adjusted gross receipts generated by an |
2 |
| electronic gaming facility located in Madison County shall be |
3 |
| paid monthly, subject to appropriation by the General Assembly, |
4 |
| to the unit of local government in which the electronic gaming |
5 |
| facility is located, (ii) 1.5% of net adjusted gross receipts |
6 |
| generated by an electronic gaming facility located in Madison |
7 |
| County shall be paid monthly, subject to appropriation by the |
8 |
| General Assembly, to Madison County for the purposes of its |
9 |
| criminal justice or health care systems, and (iii) 1.5% of net |
10 |
| adjusted gross receipts generated by an electronic gaming |
11 |
| facility located in Madison County shall be paid monthly, |
12 |
| subject to appropriation by the General Assembly, to St. Clair |
13 |
| County for the purposes of its criminal justice or health care |
14 |
| systems.
|
15 |
| From the tax revenue
deposited in the State Gaming Fund |
16 |
| pursuant to riverboat gambling operations
conducted by a |
17 |
| licensed manager on behalf of the State, an amount equal to 5%
|
18 |
| of adjusted gross receipts generated pursuant to those |
19 |
| riverboat gambling
operations shall be paid monthly,
subject to |
20 |
| appropriation by the General Assembly, to the unit of local
|
21 |
| government that is designated as the home dock of the riverboat |
22 |
| upon which
those riverboat gambling operations are conducted.
|
23 |
| (b-5) An amount equal to 1% of the adjusted gross receipts |
24 |
| from the first owners licensee, riverboat, or casino licensee |
25 |
| issued on or after the effective date of this amendatory Act of |
26 |
| the 95th General Assembly authorizing gambling in Cook County |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| shall be paid monthly, subject to appropriation by the General |
2 |
| Assembly, to the Depressed Communities Economic Development |
3 |
| Fund, which is created as a special fund in the State treasury. |
4 |
| The Department of Commerce and Economic Opportunity shall |
5 |
| administer the Fund and use moneys in the Fund to make grants |
6 |
| for revitalization of communities in accordance with Section |
7 |
| 605-530 of The Department of Economic Opportunity Law of the |
8 |
| Civil Administration Code of Illinois.
|
9 |
| (c) (Blank). Appropriations, as approved by the General |
10 |
| Assembly, may be made
from the State Gaming Fund to the |
11 |
| Department of Revenue and the Department
of State Police for |
12 |
| the administration and enforcement of this Act, or to the
|
13 |
| Department of Human Services for the administration of programs |
14 |
| to treat
problem gambling.
|
15 |
| (c-5) (Blank). Before May 26, 2006 (the effective date of |
16 |
| Public Act 94-804) and beginning 2 years after May 26, 2006 |
17 |
| (the effective date of Public Act 94-804), after the payments |
18 |
| required under subsections (b) and (c) have been
made, an |
19 |
| amount equal to 15% of the adjusted gross receipts of (1) an |
20 |
| owners
licensee that relocates pursuant to Section 11.2,
(2) an |
21 |
| owners licensee
conducting riverboat gambling operations
|
22 |
| pursuant to an
owners license that is initially issued after |
23 |
| June
25, 1999,
or (3) the first
riverboat gambling operations |
24 |
| conducted by a licensed manager on behalf of the
State under |
25 |
| Section 7.3,
whichever comes first, shall be paid from the |
26 |
| State
Gaming Fund into the Horse Racing Equity Fund.
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| (c-10) (Blank). Each year the General Assembly shall |
2 |
| appropriate from the General
Revenue Fund to the Education |
3 |
| Assistance Fund an amount equal to the amount
paid into the |
4 |
| Horse Racing Equity Fund pursuant to subsection (c-5) in the
|
5 |
| prior calendar year.
|
6 |
| (c-15) (Blank). After the payments required under |
7 |
| subsections (b), (c), and (c-5)
have been made, an amount equal |
8 |
| to 2% of the adjusted gross receipts of (1)
an owners licensee |
9 |
| that relocates pursuant to Section 11.2, (2) an owners
licensee |
10 |
| conducting riverboat gambling operations pursuant to
an
owners |
11 |
| license that is initially issued after June 25, 1999,
or (3) |
12 |
| the first
riverboat gambling operations conducted by a licensed |
13 |
| manager on behalf of the
State under Section 7.3,
whichever |
14 |
| comes first, shall be paid, subject to appropriation
from the |
15 |
| General Assembly, from the State Gaming Fund to each home rule
|
16 |
| county with a population of over 3,000,000 inhabitants for the |
17 |
| purpose of
enhancing the county's criminal justice system.
|
18 |
| (c-20) (Blank). Each year the General Assembly shall |
19 |
| appropriate from the General
Revenue Fund to the Education |
20 |
| Assistance Fund an amount equal to the amount
paid to each home |
21 |
| rule county with a population of over 3,000,000 inhabitants
|
22 |
| pursuant to subsection (c-15) in the prior calendar year.
|
23 |
| (c-25) (Blank). After the payments required under |
24 |
| subsections (b), (c), (c-5) and
(c-15) have been made, an |
25 |
| amount equal to 2% of the
adjusted gross receipts of (1) an |
26 |
| owners licensee
that
relocates pursuant to Section 11.2, (2) an
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| owners
licensee conducting riverboat gambling operations |
2 |
| pursuant to
an
owners license
that is initially issued after |
3 |
| June 25, 1999,
or (3) the first
riverboat gambling operations |
4 |
| conducted by a licensed manager on behalf of the
State under |
5 |
| Section 7.3,
whichever
comes first,
shall be paid from the |
6 |
| State
Gaming Fund to Chicago State University.
|
7 |
| (d) From time to time, the
Board shall transfer all |
8 |
| remaining revenue generated by riverboat gambling under this |
9 |
| Act as follows: (i) from revenue generated by riverboats in |
10 |
| operation on the effective date of this amendatory Act of the |
11 |
| 95th General Assembly, an amount equal to the amount |
12 |
| transferred from the State Gaming Fund into the Education |
13 |
| Assistance Fund in fiscal year 2007, plus all revenue generated |
14 |
| by the dormant license, shall be transferred the remainder of |
15 |
| the funds
generated by this Act into the Education
Assistance |
16 |
| Fund, created by Public Act 86-0018, of the State of Illinois |
17 |
| and (ii) the remainder of the funds generated by riverboat |
18 |
| gambling under this Act shall be transferred into the Illinois |
19 |
| Works Debt Service Fund. For the purposes of this subsection |
20 |
| (d), "dormant license" means an owners license that was |
21 |
| authorized by this Act on June 20, 2003, but under which no |
22 |
| riverboat gambling operations were being conducted on that |
23 |
| date .
|
24 |
| (e) From time to time, the Board shall transfer all |
25 |
| remaining revenue generated under this Act from casino gambling |
26 |
| operations and electronic gaming into the Illinois Works Debt |
|
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| Service Fund. |
2 |
| (f) (e) Nothing in this Act shall prohibit the unit of |
3 |
| local government
designated as the home dock of the riverboat |
4 |
| or the municipality in which a casino is located from entering |
5 |
| into agreements
with other units of local government in this |
6 |
| State or in other states to
share its portion of the tax |
7 |
| revenue.
|
8 |
| (g) (f) To the extent practicable, the Board shall |
9 |
| administer and collect the
wagering taxes imposed by this |
10 |
| Section in a manner consistent with the
provisions of Sections |
11 |
| 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, |
12 |
| and 10 of the Retailers' Occupation Tax Act and Section 3-7 of |
13 |
| the
Uniform Penalty and Interest Act.
|
14 |
| (Source: P.A. 94-673, eff. 8-23-05; 94-804, eff. 5-26-06; |
15 |
| 94-839, eff. 6-6-06; 95-331, eff. 8-21-07.)
|
16 |
| (230 ILCS 10/13.2 new) |
17 |
| Sec. 13.2. Responsible Play Information Centers. |
18 |
| (a) Each gaming licensee must provide on-site Responsible |
19 |
| Play Information Centers (RPICs) in each licensed facility for |
20 |
| the purposes of (1) increasing patron knowledge and |
21 |
| understanding of how games of chance work; (2) providing |
22 |
| on-site information and referral services to customers or other |
23 |
| persons seeking information on responsible gambling |
24 |
| strategies, problem gambling programs, and voluntary |
25 |
| self-exclusion; (3) informing patrons of the risks of problem |
|
|
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| gambling and their limitations and teaching them how to play |
2 |
| within their means; (4) improving the effectiveness and |
3 |
| efficiency of assistance to individuals experiencing problems |
4 |
| with gambling; and (5) improving gambling delivery by |
5 |
| increasing the promotion and delivery of responsible gambling |
6 |
| practices. |
7 |
| (b) RPICs must be staffed at a minimum for 15 hours per |
8 |
| day, as determined by the Board on a facility-by-facility |
9 |
| basis, and must contain a self-service, computer-based |
10 |
| gambling tutorial, continuously looped informational videos, |
11 |
| and brochures for use when staff is unavailable. RPICs must be |
12 |
| designed as a dedicated space that is easily accessible from |
13 |
| the gaming floor, brilliantly lighted, comfortably furnished, |
14 |
| and patron friendly. |
15 |
| (c) Staff at RPICs must be trained in prevention education |
16 |
| and counseling and must be fully integrated within the gaming |
17 |
| environment, working closely with gaming staff and managers to |
18 |
| educate players and assist with staff training. The RPIC staff |
19 |
| responsibilities shall include all of the following: |
20 |
| (1) To provide customer service-based player |
21 |
| information about the principles of gambling, including |
22 |
| randomness, house advantage, odds, and payouts. |
23 |
| (2) To provide information, support, and referrals, as |
24 |
| appropriate, to patrons who may be experiencing problems. |
25 |
| (3) To provide assistance with the voluntary |
26 |
| self-exclusion program. |
|
|
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| (4) To consult with gaming staff, as appropriate, to |
2 |
| resolve situations where patrons may be in distress. |
3 |
| (5) To demonstrate a gaming-neutral approach to |
4 |
| issues. |
5 |
| (6) To keep log sheets on-site to record customer |
6 |
| interactions and information provided. |
7 |
| (d) All materials viewed in or distributed by a RPIC must |
8 |
| be approved by the Board.
|
9 |
| (230 ILCS 10/14)
(from Ch. 120, par. 2414)
|
10 |
| Sec. 14. Licensees - Records - Reports - Supervision.
|
11 |
| (a) Gaming licensees A Licensed
owner
shall
keep their
his |
12 |
| books and records so as to clearly show the following:
|
13 |
| (1) The amount received daily from admission fees.
|
14 |
| (2) The total amount of gross receipts.
|
15 |
| (3) The total amount of the adjusted gross receipts.
|
16 |
| (b) The gaming licensee Licensed
owner
shall
furnish to the |
17 |
| Board reports and information as
the Board may require with |
18 |
| respect to its activities on forms designed and
supplied for |
19 |
| such purpose by the Board.
|
20 |
| (c) The books and records kept by a gaming licensee |
21 |
| licensed owner as provided by this Section are
public records |
22 |
| and the examination, publication, and dissemination of the
|
23 |
| books and records are governed by the provisions of the The |
24 |
| Freedom of Information
Act.
|
25 |
| (Source: P.A. 86-1029.)
|
|
|
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| (230 ILCS 10/14.5 new)
|
2 |
| Sec. 14.5. Collection of delinquent amounts. At any time |
3 |
| within 5 years after any amount of fees, interest, penalties, |
4 |
| or tax required to be collected pursuant to the provisions of |
5 |
| this Act shall become due and payable, the Office of Gaming |
6 |
| Enforcement may bring a civil action in the courts of this |
7 |
| State or any other state or of the United States, in the name |
8 |
| of the State of Illinois, to collect the amount delinquent, |
9 |
| together with penalties and interest. An action may be brought |
10 |
| whether or not the person owing the amount is at such time an |
11 |
| applicant or licensee under this Act. In all actions in this |
12 |
| State, the records of the Board and the Office shall be prima |
13 |
| facie evidence of the determination of the fee or tax or the |
14 |
| amount of the delinquency.
|
15 |
| (230 ILCS 10/17) (from Ch. 120, par. 2417)
|
16 |
| Sec. 17. Administrative Procedures. The Illinois |
17 |
| Administrative Procedure
Act shall apply to all administrative |
18 |
| rules and procedures of the Board and the Office of Gaming |
19 |
| Enforcement under
this Act, except that: (1) subsection (b) of |
20 |
| Section 5-10 of the Illinois
Administrative Procedure Act does |
21 |
| not apply to final orders, decisions and
opinions of the Board; |
22 |
| (2) subsection (a) of Section 5-10 of the Illinois
|
23 |
| Administrative Procedure Act does not apply to forms |
24 |
| established by the Board
for use under this Act; (3) the |
|
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|
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| provisions of Section 10-45 of the Illinois
Administrative |
2 |
| Procedure Act regarding proposals for decision are excluded
|
3 |
| under this Act; and (4) the provisions of subsection (d) of |
4 |
| Section
10-65 of the Illinois Administrative Procedure Act do |
5 |
| not apply so as to
prevent summary suspension of any license |
6 |
| pending revocation or other action,
which suspension shall |
7 |
| remain in effect unless modified by the Board or unless
the |
8 |
| Board's decision is reversed on the merits upon judicial |
9 |
| review.
|
10 |
| (Source: P.A. 88-45; 89-626, eff. 8-9-96.)
|
11 |
| (230 ILCS 10/17.2 new)
|
12 |
| Sec. 17.2. Administrative proceedings; burden of proof. In |
13 |
| proceedings before the Board, the burden of proof is at all |
14 |
| times on the petitioner. The petitioner shall have
the |
15 |
| affirmative responsibility of establishing by clear and |
16 |
| convincing evidence
that the petitioner is suitable for |
17 |
| licensing or a transfer of ownership.
|
18 |
| (230 ILCS 10/18)
(from Ch. 120, par. 2418)
|
19 |
| Sec. 18. Prohibited Activities - Penalty.
|
20 |
| (a) A person is guilty of a Class A misdemeanor for doing |
21 |
| any of the
following:
|
22 |
| (1) Conducting gambling where wagering
is used or to be |
23 |
| used
without a license issued by the Board.
|
24 |
| (2) Conducting gambling where wagering
is permitted |
|
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| other
than in the manner specified by Section 11.
|
2 |
| (b) A person is guilty of a Class B misdemeanor for doing |
3 |
| any of the
following:
|
4 |
| (1) permitting a person under 21 years to make a wager; |
5 |
| or
|
6 |
| (2) violating paragraph (12) of subsection (a) of |
7 |
| Section 11 of this Act.
|
8 |
| (c) A person wagering or accepting a wager at any location |
9 |
| outside the
licensed facility in violation of paragraph |
10 |
| riverboat
is
subject
to the penalties in paragraphs (1) or (2) |
11 |
| of
subsection (a) of Section 28-1 of the Criminal Code of 1961 |
12 |
| is subject to the
penalties provided in that Section .
|
13 |
| (d) A person commits a Class 4 felony and, in addition, |
14 |
| shall be barred
for life from gambling operations
riverboats
|
15 |
| under the jurisdiction of
the
Board, if the person does any of |
16 |
| the following:
|
17 |
| (1) Offers, promises, or gives anything of value or |
18 |
| benefit to a person
who is connected with a gaming licensee |
19 |
| riverboat owner
including, but
not limited to, an officer |
20 |
| or employee of a gaming licensee licensed owner or holder |
21 |
| of an
occupational license pursuant to an agreement or |
22 |
| arrangement or with the
intent that the promise or thing of |
23 |
| value or benefit will influence the
actions of the person |
24 |
| to whom the offer, promise, or gift was made in order
to |
25 |
| affect or attempt to affect the outcome of a gambling game, |
26 |
| or to
influence official action of a member of the Board.
|
|
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| (2) Solicits or knowingly accepts or receives a promise |
2 |
| of anything of
value or benefit while the person is |
3 |
| connected with a gaming licensee riverboat including, but |
4 |
| not limited to, an officer or
employee of a
gaming licensee |
5 |
| licensed owner ,
or the holder of an occupational license, |
6 |
| pursuant to an understanding or
arrangement or with the |
7 |
| intent that the promise or thing of value or
benefit will |
8 |
| influence the actions of the person to affect or attempt to
|
9 |
| affect the outcome of a gambling game or electronic poker , |
10 |
| or to influence official action of a
member of the Board.
|
11 |
| (3) Uses or possesses with the intent to use a device |
12 |
| to assist:
|
13 |
| (i) In projecting the outcome of the game.
|
14 |
| (ii) In keeping track of the cards played.
|
15 |
| (iii) In analyzing the probability of the |
16 |
| occurrence of an event
relating to the gambling game or |
17 |
| electronic poker .
|
18 |
| (iv) In analyzing the strategy for playing or |
19 |
| betting to be used in the
game except as permitted by |
20 |
| the Board.
|
21 |
| (4) Cheats at a gambling game or electronic poker .
|
22 |
| (5) Manufactures, sells, or distributes any cards, |
23 |
| chips, dice, game or
device which is intended to be used to |
24 |
| violate any provision of this Act.
|
25 |
| (6) Alters or misrepresents the outcome of a gambling |
26 |
| game or electronic poker on which
wagers have been made |
|
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| after the outcome is made sure but before it is
revealed to |
2 |
| the players.
|
3 |
| (7) Places a bet after acquiring knowledge, not |
4 |
| available to all players,
of the outcome of the gambling |
5 |
| game or electronic poker which is subject of the bet or to |
6 |
| aid a
person in acquiring the knowledge for the purpose of |
7 |
| placing a bet
contingent on that outcome.
|
8 |
| (8) Claims, collects, or takes, or attempts to claim, |
9 |
| collect, or take,
money or anything of value in or from the |
10 |
| gambling games or electronic poker , with intent to
defraud, |
11 |
| without having made a wager contingent on winning a |
12 |
| gambling game or electronic poker ,
or claims, collects, or |
13 |
| takes an amount of money or thing of value of
greater value |
14 |
| than the amount won.
|
15 |
| (9) Uses counterfeit chips or tokens in a gambling game |
16 |
| or electronic poker .
|
17 |
| (10) Possesses any key or device designed for the |
18 |
| purpose of opening,
entering, or affecting the operation of |
19 |
| a gambling game or electronic poker , drop box, or an
|
20 |
| electronic or mechanical device connected with the |
21 |
| gambling game or for
removing coins, tokens, chips or other |
22 |
| contents of a gambling game or electronic poker . This
|
23 |
| paragraph (10) does not apply to a gambling licensee or |
24 |
| employee of a
gambling licensee acting in furtherance of |
25 |
| the employee's employment.
|
26 |
| (e) The possession of more than one of the devices |
|
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| described in
subsection (d), paragraphs (3), (5) or (10) |
2 |
| permits a rebuttable
presumption that the possessor intended to |
3 |
| use the devices for cheating.
|
4 |
| An action to prosecute any crime occurring on a riverboat
|
5 |
| shall be tried in the county of the dock at which the riverboat |
6 |
| is based. An action to prosecute any crime occurring in a |
7 |
| casino
or electronic gaming facility shall be tried in the |
8 |
| county in which the casino or electronic gaming facility is |
9 |
| located.
|
10 |
| (Source: P.A. 91-40, eff. 6-25-99.)
|
11 |
| (230 ILCS 10/19)
(from Ch. 120, par. 2419)
|
12 |
| Sec. 19. Forfeiture of property.
|
13 |
| (a) Except as provided in subsection (b), any licensed |
14 |
| facility riverboat used for the conduct of gambling games in |
15 |
| violation of this
Act
shall be considered a gambling place in |
16 |
| violation of Section 28-3 of the
Criminal Code of 1961, as now |
17 |
| or hereafter amended.
Every gambling device found at a licensed |
18 |
| facility on a riverboat operating gambling games in violation |
19 |
| of this Act
shall be
subject to seizure, confiscation and |
20 |
| destruction as provided in Section 28-5 of
the Criminal Code of |
21 |
| 1961, as now or hereafter amended.
|
22 |
| (b) It is not a violation of this Act for a riverboat or |
23 |
| other
watercraft which is licensed for gaming by a contiguous |
24 |
| state to dock on
the shores of this State if the municipality |
25 |
| having jurisdiction of the
shores, or the county in the case of |
|
|
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| unincorporated areas, has granted
permission for docking and no |
2 |
| gaming is conducted on the riverboat or other
watercraft while |
3 |
| it is docked on the shores of this State.
No gambling device |
4 |
| shall be subject to seizure, confiscation or
destruction if the |
5 |
| gambling device is located on a riverboat or other
watercraft |
6 |
| which is licensed for gaming by a contiguous state and which is
|
7 |
| docked on the shores of this State if the municipality having |
8 |
| jurisdiction
of the shores, or the county in the case of |
9 |
| unincorporated areas, has
granted permission for docking and no
|
10 |
| gaming is conducted on the riverboat or other watercraft while |
11 |
| it is docked on
the shores of this State.
|
12 |
| (Source: P.A. 86-1029.)
|
13 |
| (230 ILCS 10/20)
(from Ch. 120, par. 2420)
|
14 |
| Sec. 20. Prohibited activities - civil penalties. Any |
15 |
| person who
conducts a gambling operation without first |
16 |
| obtaining a license to do so, or
who continues to conduct such |
17 |
| games after revocation of his license, or any
licensee who |
18 |
| conducts or allows to be conducted any unauthorized gambling at |
19 |
| a licensed facility games
on a riverboat
where it is authorized |
20 |
| to conduct its riverboat
gambling operation, in
addition to
|
21 |
| other penalties provided, shall be subject to a civil penalty |
22 |
| equal to the
amount of gross receipts derived from wagering on |
23 |
| the gambling activity games ,
whether unauthorized or |
24 |
| authorized, conducted on that day as well as
confiscation and |
25 |
| forfeiture of all gambling game equipment used in the
conduct |
|
|
|
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|
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| of unauthorized gambling games .
|
2 |
| (Source: P.A. 86-1029.)
|
3 |
| (230 ILCS 10/22.5 new)
|
4 |
| Sec. 22.5. Illinois Works Fund. |
5 |
| (a) There is created the Illinois Works Fund, a special |
6 |
| fund in the State Treasury. The Board shall deposit the |
7 |
| following into the Illinois Works Fund: |
8 |
| (1) The initial fee and reconciliation payment from the |
9 |
| positions under subsections (h-2) and (h-5) of Section 7. |
10 |
| (2) The initial fee and reconciliation payment from |
11 |
| electronic gaming positions. |
12 |
| (3) Amounts received pursuant to competitive bidding |
13 |
| for the additional riverboat authorized under this |
14 |
| amendatory Act of the 95th General Assembly under |
15 |
| subsection (e) of Section 7 and for the casino license |
16 |
| authorized under Section 7.11a. |
17 |
| (4) The casino license fee. |
18 |
| (5) Amounts received pursuant to subsection (e) of |
19 |
| Section 1-45 of the Chicago Casino Development Authority |
20 |
| Act. |
21 |
| (6) Amounts received pursuant to subsection (e) of |
22 |
| Section 5-45 of the Illinois Casino Development Authority |
23 |
| Act. |
24 |
| (b) Moneys in the Illinois Works Fund shall, subject to |
25 |
| appropriation, be used for the making of grants and |
|
|
|
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| expenditures for the Illinois Works Capital Program. |
2 |
| (c) Thirty percent of the moneys deposited into the |
3 |
| Illinois Works Fund shall be transferred into the Focusing on |
4 |
| Children, Uplifting Schools (FOCUS) Fund. |
5 |
| (c-5) Any changes in the purposes or use of this Fund, or |
6 |
| changes in revenues directed to this Fund, must be approved by |
7 |
| three-fifths vote of both the Senate and House of |
8 |
| Representatives. |
9 |
| (d) Designees of the President and the Minority Leader of |
10 |
| the Senate, the Speaker and Minority Leader of the House, and |
11 |
| the Director of the Governor's Office of Management and Budget |
12 |
| shall meet periodically and frequently at the request of any |
13 |
| one party named to review the status of each capital project |
14 |
| appropriated under the Illinois Works program. |
15 |
| (e) On the last day of each quarterly period in each fiscal |
16 |
| year, the Governor's Office of Management and Budget shall |
17 |
| provide to the President and the Minority Leader of the Senate |
18 |
| and the Speaker and the Minority Leader of the House of |
19 |
| Representatives a report on the status of new capital projects |
20 |
| first appropriated under the Illinois Works program. The report |
21 |
| must be provided in electronic format and may be provided in |
22 |
| written format upon request. The report must include all of the |
23 |
| following: |
24 |
| (1) Projected revenues for the fiscal year and actual |
25 |
| revenues year-to-date into the Illinois Works Fund that |
26 |
| will support pay-as-you-go or debt service on Illinois |
|
|
|
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|
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| Works capital projects. |
2 |
| (2) For each Illinois Works capital project |
3 |
| appropriated in that fiscal year: |
4 |
| (A) a brief description or stated purpose; |
5 |
| (B) the estimated total State expenditures, the |
6 |
| amount spent year-to-date, and the proposed schedule |
7 |
| of expenditures; |
8 |
| (C) a projected timeline for completion of each |
9 |
| state-managed project (excluding grants) and any |
10 |
| delays that could lead to substantial variances from |
11 |
| this timeline must be explained; |
12 |
| (D) indication of whether the project is supported |
13 |
| from pay-as-you-go sources or is bond supported; |
14 |
| (E) if a project is supported by bond revenue, the |
15 |
| bond authorization category; and |
16 |
| (F) the date the written release of the Governor |
17 |
| was submitted to the Comptroller or is anticipated to |
18 |
| be submitted; if a release for any project has not been |
19 |
| submitted to the Comptroller within 6 months of the |
20 |
| appropriation becoming law, an explanation of why the |
21 |
| project has not yet been released, including whether |
22 |
| bond authorization or projected revenues were |
23 |
| insufficient to support the release of the project. |
24 |
| (f) The Governor shall make good faith efforts to release |
25 |
| each appropriated Illinois Works project as quickly as is |
26 |
| practicable, based on availability of revenues and sufficient |
|
|
|
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|
1 |
| bond authorization for the length and scope of the project. |
2 |
| (g) Any interest generated by the Illinois Works Fund shall |
3 |
| be reserved in a special account in the Illinois Works Fund and |
4 |
| used only as set forth in this subsection (g). In the event |
5 |
| that the Director of the Governor's Office of Management and |
6 |
| Budget determines that there remains an insufficient balance in |
7 |
| the Education Trust Fund to meet the requirements of Section |
8 |
| 2.3 of the Illinois Lottery Law in any year, the Director of |
9 |
| the Governor's Office of Management and Budget shall direct the |
10 |
| Comptroller and the Treasurer to transfer and the Treasurer and |
11 |
| the Comptroller shall transfer to the Education Trust Fund from |
12 |
| the special account such funds as may be necessary to meet the |
13 |
| requirements of Section 2.3 of the Illinois Lottery Law. On |
14 |
| July 1, 2018 or on any date thereafter, in the event that the |
15 |
| Director of the Governor's Office of Management and Budget |
16 |
| certifies that no additional funds are required to merit |
17 |
| Section 2.3 of the Illinois Lottery Law, the special account |
18 |
| shall be dissolved. |
19 |
| (230 ILCS 10/22.6 new)
|
20 |
| Sec. 22.6. Illinois Works Debt Service Fund. |
21 |
| (a) There is created the Illinois Works Debt Service Fund, |
22 |
| a special fund in the State Treasury. The Board shall deposit |
23 |
| all amounts received from Sections (d) and (e) of Section 13 |
24 |
| into the Illinois Works Debt Service Fund. Any changes in the |
25 |
| purposes or use of this Fund, or changes in revenues directed |
|
|
|
09500HB2651sam003 |
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|
1 |
| to this Fund, must be approved by three-fifths vote of both the |
2 |
| Senate and House of Representatives. |
3 |
| (b) Subject to the transfer provisions set forth in this |
4 |
| subsection (b), money in the Illinois Works Debt Service Fund |
5 |
| shall, if and when the State of Illinois incurs any bonded |
6 |
| indebtedness under the Illinois Works capital program, as |
7 |
| certified by the Director of the Governor's Office of |
8 |
| Management and Budget to the State Comptroller and State |
9 |
| Treasurer, be set aside and used for the purpose of paying and |
10 |
| discharging annually the principal and interest on that bonded |
11 |
| indebtedness then due and payable.
In addition to other |
12 |
| transfers to the General Obligation Bond Retirement and |
13 |
| Interest Fund made pursuant to Section 15 of the General |
14 |
| Obligation Bond Act, upon each delivery of bonds issued for the |
15 |
| Illinois Works capital program, as certified by the Director of |
16 |
| the Governor's Office of Management and Budget, the State |
17 |
| Comptroller shall compute and certify to the State Treasurer |
18 |
| the total amount of principal of, interest on, and premium, if |
19 |
| any, on such bonds during the then current and each succeeding |
20 |
| fiscal year. With respect to the interest payable on variable |
21 |
| rate bonds, such certification shall be calculated at the |
22 |
| maximum rate of interest that may be payable during the fiscal |
23 |
| year, after taking into account any credits permitted in the |
24 |
| related indenture or other instrument against the amount of |
25 |
| such interest required to be appropriated for that period.
On |
26 |
| or before the last day of each month, the State Treasurer and |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| State Comptroller shall transfer from the Illinois Works Debt |
2 |
| Service Fund into the General Obligation Bond Retirement and |
3 |
| Interest Fund an amount sufficient to pay the aggregate of the |
4 |
| principal of, interest on, and premium, if any, on the bonds |
5 |
| payable on their next payment date, divided by the number of |
6 |
| monthly transfer occurring between the last previous payment |
7 |
| date (or the delivery date if no payment date has yet occurred) |
8 |
| and the next succeeding payment date. Interest payable on |
9 |
| variable rate bonds shall be calculated at the maximum rate of |
10 |
| interest that may be payable for the relevant period, after |
11 |
| taking into account any credits permitted in the related |
12 |
| indenture or other instrument against the amount of such |
13 |
| interest required to be appropriated for that period. |
14 |
| (c) On July 1, 2009 and each July 1 thereafter, or as soon |
15 |
| thereafter as practical, the Director of the Governor's Office |
16 |
| of Management and Budget shall certify to the State Comptroller |
17 |
| and the State Treasurer the amount, if any, of the $100,000,000 |
18 |
| paid into the Fund during the prior State fiscal year under the |
19 |
| Retailers' Occupation Tax Act from tax on the sale of motor |
20 |
| fuel, as estimated by the Department of Revenue, that exceeded |
21 |
| the amount needed during that State fiscal year to meet debt |
22 |
| service requirements on the outstanding bonds and notes issued |
23 |
| in association with the Illinois Works Capital Program. |
24 |
| Immediately upon receipt of the certification, the Comptroller |
25 |
| shall order transferred and the Treasurer shall transfer the |
26 |
| amount certified from the Illinois Works Debt Service Fund to |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| the General Revenue Fund.
|
2 |
| (230 ILCS 10/7.1 rep.)
|
3 |
| Section 90-45. The Riverboat Gambling Act is amended by |
4 |
| repealing Section 7.1. |
5 |
| Section 90-50. The Liquor Control Act of 1934 is amended by |
6 |
| changing Sections 5-1 and 6-30 as follows:
|
7 |
| (235 ILCS 5/5-1) (from Ch. 43, par. 115)
|
8 |
| (Text of Section before amendment by P.A. 95-634 )
|
9 |
| Sec. 5-1. Licenses issued by the Illinois Liquor Control |
10 |
| Commission
shall be of the following classes:
|
11 |
| (a) Manufacturer's license - Class 1.
Distiller, Class 2. |
12 |
| Rectifier, Class 3. Brewer, Class 4. First Class Wine
|
13 |
| Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. |
14 |
| First Class Winemaker, Class 7. Second Class Winemaker, Class |
15 |
| 8.
Limited Wine Manufacturer,
|
16 |
| (b) Distributor's license,
|
17 |
| (c) Importing Distributor's license,
|
18 |
| (d) Retailer's license,
|
19 |
| (e) Special Event Retailer's license (not-for-profit),
|
20 |
| (f) Railroad license,
|
21 |
| (g) Boat license,
|
22 |
| (h) Non-Beverage User's license,
|
23 |
| (i) Wine-maker's premises license,
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| (j) Airplane license,
|
2 |
| (k) Foreign importer's license,
|
3 |
| (l) Broker's license,
|
4 |
| (m) Non-resident dealer's
license,
|
5 |
| (n) Brew Pub license,
|
6 |
| (o) Auction liquor license,
|
7 |
| (p) Caterer retailer license,
|
8 |
| (q) Special use permit license.
|
9 |
| No
person, firm, partnership, corporation, or other legal |
10 |
| business entity that is
engaged in the manufacturing of wine |
11 |
| may concurrently obtain and hold a
wine-maker's license and a |
12 |
| wine manufacturer's license.
|
13 |
| (a) A manufacturer's license shall allow the manufacture,
|
14 |
| importation in bulk, storage, distribution and sale of |
15 |
| alcoholic liquor
to persons without the State, as may be |
16 |
| permitted by law and to licensees
in this State as follows:
|
17 |
| Class 1. A Distiller may make sales and deliveries of |
18 |
| alcoholic liquor to
distillers, rectifiers, importing |
19 |
| distributors, distributors and
non-beverage users and to no |
20 |
| other licensees.
|
21 |
| Class 2. A Rectifier, who is not a distiller, as defined |
22 |
| herein, may make
sales and deliveries of alcoholic liquor to |
23 |
| rectifiers, importing distributors,
distributors, retailers |
24 |
| and non-beverage users and to no other licensees.
|
25 |
| Class 3. A Brewer may make sales and deliveries of beer to |
26 |
| importing
distributors, distributors, and to non-licensees, |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| and to
retailers provided the brewer obtains an importing |
2 |
| distributor's license or
distributor's license in accordance |
3 |
| with the provisions of this Act.
|
4 |
| Class 4. A first class wine-manufacturer may make sales and |
5 |
| deliveries of
up to 50,000 gallons of wine to manufacturers,
|
6 |
| importing
distributors and distributors, and to no other |
7 |
| licensees.
|
8 |
| Class 5. A second class Wine manufacturer may make sales |
9 |
| and deliveries
of more than 50,000 gallons of wine to |
10 |
| manufacturers, importing distributors
and distributors and to |
11 |
| no other licensees.
|
12 |
| Class 6. A first-class wine-maker's license shall allow the |
13 |
| manufacture
of up to 50,000 gallons of wine per year, and the
|
14 |
| storage
and sale of such
wine to distributors in the State and |
15 |
| to persons without the
State, as may be permitted by law. A |
16 |
| first-class wine-maker's license shall
allow the sale of no |
17 |
| more than 5,000
gallons of the licensee's wine to retailers. |
18 |
| The State Commission shall issue
only one first-class |
19 |
| wine-maker's license to any person, firm, partnership,
|
20 |
| corporation, or other legal business entity that is engaged in |
21 |
| the making of
less than 50,000 gallons of wine annually that |
22 |
| applies for a first-class
wine-maker's license. No subsidiary |
23 |
| or affiliate thereof, nor any officer,
associate, member, |
24 |
| partner, representative, employee, agent, or shareholder may
|
25 |
| be issued an additional wine-maker's license by the State |
26 |
| Commission.
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| Class 7. A second-class wine-maker's license shall allow |
2 |
| the manufacture
of between 50,000 and 100,000 gallons of wine |
3 |
| per year, and
the
storage and sale of such wine
to distributors |
4 |
| in this State and to persons without the State, as may be
|
5 |
| permitted by law. A second-class wine-maker's license shall |
6 |
| allow the sale
of
no more than 10,000 gallons of the licensee's |
7 |
| wine directly to retailers.
The State Commission shall issue |
8 |
| only one second-class wine-maker's license
to any person, firm, |
9 |
| partnership, corporation, or other legal business entity
that |
10 |
| is engaged in the making of less than 100,000 gallons of wine |
11 |
| annually
that applies for a second-class wine-maker's license. |
12 |
| No subsidiary or
affiliate thereof, or any officer, associate, |
13 |
| member, partner, representative,
employee, agent, or |
14 |
| shareholder may be issued an additional wine-maker's
license by |
15 |
| the State Commission.
|
16 |
| Class 8. A limited wine-manufacturer may make sales and |
17 |
| deliveries not to
exceed 40,000 gallons of wine per year to |
18 |
| distributors, and to
non-licensees in accordance with the |
19 |
| provisions of this Act.
|
20 |
| (a-1) A manufacturer which is licensed in this State to |
21 |
| make sales or
deliveries of alcoholic liquor and which enlists |
22 |
| agents, representatives, or
individuals acting on its behalf |
23 |
| who contact licensed retailers on a regular
and continual basis |
24 |
| in this State must register those agents, representatives,
or |
25 |
| persons acting on its behalf with the State Commission.
|
26 |
| Registration of agents, representatives, or persons acting |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| on behalf of a
manufacturer is fulfilled by submitting a form |
2 |
| to the Commission. The form
shall be developed by the |
3 |
| Commission and shall include the name and address of
the |
4 |
| applicant, the name and address of the manufacturer he or she |
5 |
| represents,
the territory or areas assigned to sell to or |
6 |
| discuss pricing terms of
alcoholic liquor, and any other |
7 |
| questions deemed appropriate and necessary.
All statements in |
8 |
| the forms required to be made by law or by rule shall be
deemed |
9 |
| material, and any person who knowingly misstates any material |
10 |
| fact under
oath in an application is guilty of a Class B |
11 |
| misdemeanor. Fraud,
misrepresentation, false statements, |
12 |
| misleading statements, evasions, or
suppression of material |
13 |
| facts in the securing of a registration are grounds for
|
14 |
| suspension or revocation of the registration.
|
15 |
| (b) A distributor's license shall allow the wholesale |
16 |
| purchase and storage
of alcoholic liquors and sale of alcoholic |
17 |
| liquors to licensees
in this State and to persons without the |
18 |
| State, as may be permitted by law.
|
19 |
| (c) An importing distributor's license may be issued to and |
20 |
| held by
those only who are duly licensed distributors, upon the |
21 |
| filing of an
application by a duly licensed distributor, with |
22 |
| the Commission and
the Commission shall, without the
payment of |
23 |
| any fee, immediately issue such importing distributor's
|
24 |
| license to the applicant, which shall allow the importation of |
25 |
| alcoholic
liquor by the licensee into this State from any point |
26 |
| in the United
States outside this State, and the purchase of |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| alcoholic liquor in
barrels, casks or other bulk containers and |
2 |
| the bottling of such
alcoholic liquors before resale thereof, |
3 |
| but all bottles or containers
so filled shall be sealed, |
4 |
| labeled, stamped and otherwise made to comply
with all |
5 |
| provisions, rules and regulations governing manufacturers in
|
6 |
| the preparation and bottling of alcoholic liquors. The |
7 |
| importing
distributor's license shall permit such licensee to |
8 |
| purchase alcoholic
liquor from Illinois licensed non-resident |
9 |
| dealers and foreign importers only.
|
10 |
| (d) A retailer's license shall allow the licensee to sell |
11 |
| and offer
for sale at retail, only in the premises specified in |
12 |
| the license,
alcoholic liquor for use or consumption, but not |
13 |
| for resale in any form:
Provided that any retail license issued |
14 |
| to a manufacturer shall only
permit the manufacturer to sell |
15 |
| beer at retail on the premises actually
occupied by the |
16 |
| manufacturer. For the purpose of further describing the type of |
17 |
| business conducted at a retail licensed premises, a retailer's |
18 |
| licensee may be designated by the State Commission as (i) an on |
19 |
| premise consumption retailer, (ii) an off premise sale |
20 |
| retailer, or (iii) a combined on premise consumption and off |
21 |
| premise sale retailer.
|
22 |
| Notwithstanding any other provision of this subsection |
23 |
| (d), a retail
licensee may sell alcoholic liquors to a special |
24 |
| event retailer licensee for
resale to the extent permitted |
25 |
| under subsection (e).
|
26 |
| (e) A special event retailer's license (not-for-profit) |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| shall permit the
licensee to purchase alcoholic liquors from an |
2 |
| Illinois licensed distributor
(unless the licensee purchases |
3 |
| less than $500 of alcoholic liquors for the
special event, in |
4 |
| which case the licensee may purchase the alcoholic liquors
from |
5 |
| a licensed retailer) and shall allow the licensee to sell and |
6 |
| offer for
sale, at retail, alcoholic liquors for use or |
7 |
| consumption, but not for resale
in any form and only at the |
8 |
| location and on the specific dates designated for
the special |
9 |
| event in the license. An applicant for a special event retailer
|
10 |
| license must
(i) furnish with the application: (A) a resale |
11 |
| number issued under Section
2c of the Retailers' Occupation Tax |
12 |
| Act or evidence that the applicant is
registered under Section |
13 |
| 2a of the Retailers' Occupation Tax Act, (B) a
current, valid |
14 |
| exemption identification
number issued under Section 1g of the |
15 |
| Retailers' Occupation Tax Act, and a
certification to the |
16 |
| Commission that the purchase of alcoholic liquors will be
a |
17 |
| tax-exempt purchase, or (C) a statement that the applicant is |
18 |
| not registered
under Section 2a of the Retailers' Occupation |
19 |
| Tax Act, does not hold a resale
number under Section 2c of the |
20 |
| Retailers' Occupation Tax Act, and does not
hold an exemption |
21 |
| number under Section 1g of the Retailers' Occupation Tax
Act, |
22 |
| in which event the Commission shall set forth on the special |
23 |
| event
retailer's license a statement to that effect; (ii) |
24 |
| submit with the application proof satisfactory to
the State |
25 |
| Commission that the applicant will provide dram shop liability
|
26 |
| insurance in the maximum limits; and (iii) show proof |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| satisfactory to the
State Commission that the applicant has |
2 |
| obtained local authority
approval.
|
3 |
| (f) A railroad license shall permit the licensee to import |
4 |
| alcoholic
liquors into this State from any point in the United |
5 |
| States outside this
State and to store such alcoholic liquors |
6 |
| in this State; to make wholesale
purchases of alcoholic liquors |
7 |
| directly from manufacturers, foreign
importers, distributors |
8 |
| and importing distributors from within or outside
this State; |
9 |
| and to store such alcoholic liquors in this State; provided
|
10 |
| that the above powers may be exercised only in connection with |
11 |
| the
importation, purchase or storage of alcoholic liquors to be |
12 |
| sold or
dispensed on a club, buffet, lounge or dining car |
13 |
| operated on an electric,
gas or steam railway in this State; |
14 |
| and provided further, that railroad
licensees exercising the |
15 |
| above powers shall be subject to all provisions of
Article VIII |
16 |
| of this Act as applied to importing distributors. A railroad
|
17 |
| license shall also permit the licensee to sell or dispense |
18 |
| alcoholic
liquors on any club, buffet, lounge or dining car |
19 |
| operated on an electric,
gas or steam railway regularly |
20 |
| operated by a common carrier in this State,
but shall not |
21 |
| permit the sale for resale of any alcoholic liquors to any
|
22 |
| licensee within this State. A license shall be obtained for |
23 |
| each car in which
such sales are made.
|
24 |
| (g) A boat license shall allow the sale of alcoholic liquor |
25 |
| in
individual drinks, on any passenger boat regularly operated |
26 |
| as a common
carrier on navigable waters in this State or on any |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| riverboat operated
under
the Illinois Riverboat Gambling Act, |
2 |
| which boat or riverboat maintains a public
dining room or |
3 |
| restaurant thereon.
|
4 |
| A casino license shall allow the sale of alcoholic liquor |
5 |
| in individual drinks at any casino gambling facility operated |
6 |
| under the Illinois Gambling Act that maintains a public dining |
7 |
| room or restaurant at that facility. |
8 |
| (h) A non-beverage user's license shall allow the licensee |
9 |
| to
purchase alcoholic liquor from a licensed manufacturer or |
10 |
| importing
distributor, without the imposition of any tax upon |
11 |
| the business of such
licensed manufacturer or importing |
12 |
| distributor as to such alcoholic
liquor to be used by such |
13 |
| licensee solely for the non-beverage purposes
set forth in |
14 |
| subsection (a) of Section 8-1 of this Act, and
such licenses |
15 |
| shall be divided and classified and shall permit the
purchase, |
16 |
| possession and use of limited and stated quantities of
|
17 |
| alcoholic liquor as follows:
|
18 |
| Class 1, not to exceed ......................... 500 gallons
|
19 |
| Class 2, not to exceed ....................... 1,000 gallons
|
20 |
| Class 3, not to exceed ....................... 5,000 gallons
|
21 |
| Class 4, not to exceed ...................... 10,000 gallons
|
22 |
| Class 5, not to exceed ....................... 50,000 gallons
|
23 |
| (i) A wine-maker's premises license shall allow a
licensee |
24 |
| that concurrently holds a first-class wine-maker's license to |
25 |
| sell
and offer for sale at retail in the premises specified in |
26 |
| such license
not more than 50,000 gallons of the first-class |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| wine-maker's wine that is
made at the first-class wine-maker's |
2 |
| licensed premises per year for use or
consumption, but not for |
3 |
| resale in any form. A wine-maker's premises
license shall allow |
4 |
| a licensee who concurrently holds a second-class
wine-maker's |
5 |
| license to sell and offer for sale at retail in the premises
|
6 |
| specified in such license up to 100,000 gallons of the
|
7 |
| second-class wine-maker's wine that is made at the second-class |
8 |
| wine-maker's
licensed premises per year
for use or consumption |
9 |
| but not for resale in any form. A wine-maker's premises license |
10 |
| shall allow a
licensee that concurrently holds a first-class |
11 |
| wine-maker's license or a second-class
wine-maker's license to |
12 |
| sell
and offer for sale at retail at the premises specified in |
13 |
| the wine-maker's premises license, for use or consumption but |
14 |
| not for resale in any form, any beer, wine, and spirits |
15 |
| purchased from a licensed distributor. Upon approval from the
|
16 |
| State Commission, a wine-maker's premises license
shall allow |
17 |
| the licensee to sell and offer for sale at (i) the wine-maker's
|
18 |
| licensed premises and (ii) at up to 2 additional locations for |
19 |
| use and
consumption and not for resale. Each location shall |
20 |
| require additional
licensing per location as specified in |
21 |
| Section 5-3 of this Act.
|
22 |
| (j) An airplane license shall permit the licensee to import
|
23 |
| alcoholic liquors into this State from any point in the United |
24 |
| States
outside this State and to store such alcoholic liquors |
25 |
| in this State; to
make wholesale purchases of alcoholic liquors |
26 |
| directly from
manufacturers, foreign importers, distributors |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| and importing
distributors from within or outside this State; |
2 |
| and to store such
alcoholic liquors in this State; provided |
3 |
| that the above powers may be
exercised only in connection with |
4 |
| the importation, purchase or storage
of alcoholic liquors to be |
5 |
| sold or dispensed on an airplane; and
provided further, that |
6 |
| airplane licensees exercising the above powers
shall be subject |
7 |
| to all provisions of Article VIII of this Act as
applied to |
8 |
| importing distributors. An airplane licensee shall also
permit |
9 |
| the sale or dispensing of alcoholic liquors on any passenger
|
10 |
| airplane regularly operated by a common carrier in this State, |
11 |
| but shall
not permit the sale for resale of any alcoholic |
12 |
| liquors to any licensee
within this State. A single airplane |
13 |
| license shall be required of an
airline company if liquor |
14 |
| service is provided on board aircraft in this
State. The annual |
15 |
| fee for such license shall be as determined in
Section 5-3.
|
16 |
| (k) A foreign importer's license shall permit such licensee |
17 |
| to purchase
alcoholic liquor from Illinois licensed |
18 |
| non-resident dealers only, and to
import alcoholic liquor other |
19 |
| than in bulk from any point outside the
United States and to |
20 |
| sell such alcoholic liquor to Illinois licensed
importing |
21 |
| distributors and to no one else in Illinois;
provided that the |
22 |
| foreign importer registers with the State Commission
every
|
23 |
| brand of
alcoholic liquor that it proposes to sell to Illinois |
24 |
| licensees during the
license period and
provided further that |
25 |
| the foreign importer complies with all of the provisions
of |
26 |
| Section
6-9 of this Act with respect to registration of such |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| Illinois licensees as may
be granted the
right to sell such |
2 |
| brands at wholesale.
|
3 |
| (l) (i) A broker's license shall be required of all persons
|
4 |
| who solicit
orders for, offer to sell or offer to supply |
5 |
| alcoholic liquor to
retailers in the State of Illinois, or who |
6 |
| offer to retailers to ship or
cause to be shipped or to make |
7 |
| contact with distillers, rectifiers,
brewers or manufacturers |
8 |
| or any other party within or without the State
of Illinois in |
9 |
| order that alcoholic liquors be shipped to a distributor,
|
10 |
| importing distributor or foreign importer, whether such |
11 |
| solicitation or
offer is consummated within or without the |
12 |
| State of Illinois.
|
13 |
| No holder of a retailer's license issued by the Illinois |
14 |
| Liquor
Control Commission shall purchase or receive any |
15 |
| alcoholic liquor, the
order for which was solicited or offered |
16 |
| for sale to such retailer by a
broker unless the broker is the |
17 |
| holder of a valid broker's license.
|
18 |
| The broker shall, upon the acceptance by a retailer of the |
19 |
| broker's
solicitation of an order or offer to sell or supply or |
20 |
| deliver or have
delivered alcoholic liquors, promptly forward |
21 |
| to the Illinois Liquor
Control Commission a notification of |
22 |
| said transaction in such form as
the Commission may by |
23 |
| regulations prescribe.
|
24 |
| (ii) A broker's license shall be required of
a person |
25 |
| within this State, other than a retail licensee,
who, for a fee |
26 |
| or commission, promotes, solicits, or accepts orders for
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| alcoholic liquor, for use or consumption and not for
resale, to |
2 |
| be shipped from this State and delivered to residents outside |
3 |
| of
this State by an express company, common carrier, or |
4 |
| contract carrier.
This Section does not apply to any person who |
5 |
| promotes, solicits, or accepts
orders for wine as specifically |
6 |
| authorized in Section 6-29 of this Act.
|
7 |
| A broker's license under this subsection (1) shall not |
8 |
| entitle the holder to
buy or sell any
alcoholic liquors for his |
9 |
| own account or to take or deliver title to
such alcoholic |
10 |
| liquors.
|
11 |
| This subsection (1) shall not apply to distributors, |
12 |
| employees of
distributors, or employees of a manufacturer who |
13 |
| has registered the
trademark, brand or name of the alcoholic |
14 |
| liquor pursuant to Section 6-9
of this Act, and who regularly |
15 |
| sells such alcoholic liquor
in the State of Illinois only to |
16 |
| its registrants thereunder.
|
17 |
| Any agent, representative, or person subject to |
18 |
| registration pursuant to
subsection (a-1) of this Section shall |
19 |
| not be eligible to receive a broker's
license.
|
20 |
| (m) A non-resident dealer's license shall permit such |
21 |
| licensee to ship
into and warehouse alcoholic liquor into this |
22 |
| State from any point
outside of this State, and to sell such |
23 |
| alcoholic liquor to Illinois licensed
foreign importers and |
24 |
| importing distributors and to no one else in this State;
|
25 |
| provided that said non-resident dealer shall register with the |
26 |
| Illinois Liquor
Control Commission each and every brand of |
|
|
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09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
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| alcoholic liquor which it proposes
to sell to Illinois |
2 |
| licensees during the license period; and further provided
that |
3 |
| it shall comply with all of the provisions of Section 6-9 |
4 |
| hereof with
respect to registration of such Illinois licensees |
5 |
| as may be granted the right
to sell such brands at wholesale.
|
6 |
| (n) A brew pub license shall allow the licensee to |
7 |
| manufacture beer only
on the premises specified in the license, |
8 |
| to make sales of the
beer manufactured on the premises to |
9 |
| importing distributors, distributors,
and to non-licensees for |
10 |
| use and consumption, to store the beer upon
the premises, and |
11 |
| to sell and offer for sale at retail from the licensed
|
12 |
| premises, provided that a brew pub licensee shall not sell for |
13 |
| off-premises
consumption more than 50,000 gallons per year.
|
14 |
| (o) A caterer retailer license shall allow the holder
to |
15 |
| serve alcoholic liquors as an incidental part of a food service |
16 |
| that serves
prepared meals which excludes the serving of snacks |
17 |
| as
the primary meal, either on or off-site whether licensed or |
18 |
| unlicensed.
|
19 |
| (p) An auction liquor license shall allow the licensee to |
20 |
| sell and offer
for sale at auction wine and spirits for use or |
21 |
| consumption, or for resale by
an Illinois liquor licensee in |
22 |
| accordance with provisions of this Act. An
auction liquor |
23 |
| license will be issued to a person and it will permit the
|
24 |
| auction liquor licensee to hold the auction anywhere in the |
25 |
| State. An auction
liquor license must be obtained for each |
26 |
| auction at least 14 days in advance of
the auction date.
|
|
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|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
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| (q) A special use permit license shall allow an Illinois |
2 |
| licensed
retailer to transfer a portion of its alcoholic liquor |
3 |
| inventory from its
retail licensed premises to the premises |
4 |
| specified in the license hereby
created, and to sell or offer |
5 |
| for sale at retail, only in the premises
specified in the |
6 |
| license hereby created, the transferred alcoholic liquor for
|
7 |
| use or consumption, but not for resale in any form. A special |
8 |
| use permit
license may be granted for the following time |
9 |
| periods: one day or less; 2 or
more days to a maximum of 15 days |
10 |
| per location in any 12 month period. An
applicant for the |
11 |
| special use permit license must also submit with the
|
12 |
| application proof satisfactory to the State Commission that the |
13 |
| applicant will
provide dram shop liability insurance to the |
14 |
| maximum limits and have local
authority approval.
|
15 |
| (Source: P.A. 95-331, eff. 8-21-07.)
|
16 |
| (Text of Section after amendment by P.A. 95-634 )
|
17 |
| Sec. 5-1. Licenses issued by the Illinois Liquor Control |
18 |
| Commission
shall be of the following classes:
|
19 |
| (a) Manufacturer's license - Class 1.
Distiller, Class 2. |
20 |
| Rectifier, Class 3. Brewer, Class 4. First Class Wine
|
21 |
| Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. |
22 |
| First Class Winemaker, Class 7. Second Class Winemaker, Class |
23 |
| 8.
Limited Wine Manufacturer,
|
24 |
| (b) Distributor's license,
|
25 |
| (c) Importing Distributor's license,
|
|
|
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09500HB2651sam003 |
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|
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| (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 |
| (r) Winery shipper's license.
|
16 |
| No
person, firm, partnership, corporation, or other legal |
17 |
| business entity that is
engaged in the manufacturing of wine |
18 |
| may concurrently obtain and hold a
wine-maker's license and a |
19 |
| wine manufacturer's license.
|
20 |
| (a) A manufacturer's license shall allow the manufacture,
|
21 |
| importation in bulk, storage, distribution and sale of |
22 |
| alcoholic liquor
to persons without the State, as may be |
23 |
| permitted by law and to licensees
in this State as follows:
|
24 |
| Class 1. A Distiller may make sales and deliveries of |
25 |
| alcoholic liquor to
distillers, rectifiers, importing |
26 |
| distributors, distributors and
non-beverage users and to no |
|
|
|
09500HB2651sam003 |
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|
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| other licensees.
|
2 |
| Class 2. A Rectifier, who is not a distiller, as defined |
3 |
| herein, may make
sales and deliveries of alcoholic liquor to |
4 |
| rectifiers, importing distributors,
distributors, retailers |
5 |
| and non-beverage users and to no other licensees.
|
6 |
| Class 3. A Brewer may make sales and deliveries of beer to |
7 |
| importing
distributors, distributors, and to non-licensees, |
8 |
| and to
retailers provided the brewer obtains an importing |
9 |
| distributor's license or
distributor's license in accordance |
10 |
| with the provisions of this Act.
|
11 |
| Class 4. A first class wine-manufacturer may make sales and |
12 |
| deliveries of
up to 50,000 gallons of wine to manufacturers,
|
13 |
| importing
distributors and distributors, and to no other |
14 |
| licensees.
|
15 |
| Class 5. A second class Wine manufacturer may make sales |
16 |
| and deliveries
of more than 50,000 gallons of wine to |
17 |
| manufacturers, importing distributors
and distributors and to |
18 |
| no other licensees.
|
19 |
| Class 6. A first-class wine-maker's license shall allow the |
20 |
| manufacture
of up to 50,000 gallons of wine per year, and the
|
21 |
| storage
and sale of such
wine to distributors in the State and |
22 |
| to persons without the
State, as may be permitted by law. A |
23 |
| person who, prior to the effective date of this amendatory Act |
24 |
| of the 95th General Assembly, is a holder of a first-class |
25 |
| wine-maker's license and annually produces more than 25,000 |
26 |
| gallons of its own wine and who distributes its wine to |
|
|
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09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
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| licensed retailers shall cease this practice on or before July |
2 |
| 1, 2008 in compliance with this amendatory Act of the 95th |
3 |
| General Assembly.
|
4 |
| Class 7. A second-class wine-maker's license shall allow |
5 |
| the manufacture
of between 50,000 and 150,000 gallons of wine |
6 |
| per year, and
the
storage and sale of such wine
to distributors |
7 |
| in this State and to persons without the State, as may be
|
8 |
| permitted by law. A person who, prior to the effective date of |
9 |
| this amendatory Act of the 95th General Assembly, is a holder |
10 |
| of a second-class wine-maker's license and annually produces |
11 |
| more than 25,000 gallons of its own wine and who distributes |
12 |
| its wine to licensed retailers shall cease this practice on or |
13 |
| before July 1, 2008 in compliance with this amendatory Act of |
14 |
| the 95th General Assembly.
|
15 |
| Class 8. A limited wine-manufacturer may make sales and |
16 |
| deliveries not to
exceed 40,000 gallons of wine per year to |
17 |
| distributors, and to
non-licensees in accordance with the |
18 |
| provisions of this Act.
|
19 |
| (a-1) A manufacturer which is licensed in this State to |
20 |
| make sales or
deliveries of alcoholic liquor and which enlists |
21 |
| agents, representatives, or
individuals acting on its behalf |
22 |
| who contact licensed retailers on a regular
and continual basis |
23 |
| in this State must register those agents, representatives,
or |
24 |
| persons acting on its behalf with the State Commission.
|
25 |
| Registration of agents, representatives, or persons acting |
26 |
| on behalf of a
manufacturer is fulfilled by submitting a form |
|
|
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09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
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| to the Commission. The form
shall be developed by the |
2 |
| Commission and shall include the name and address of
the |
3 |
| applicant, the name and address of the manufacturer he or she |
4 |
| represents,
the territory or areas assigned to sell to or |
5 |
| discuss pricing terms of
alcoholic liquor, and any other |
6 |
| questions deemed appropriate and necessary.
All statements in |
7 |
| the forms required to be made by law or by rule shall be
deemed |
8 |
| material, and any person who knowingly misstates any material |
9 |
| fact under
oath in an application is guilty of a Class B |
10 |
| misdemeanor. Fraud,
misrepresentation, false statements, |
11 |
| misleading statements, evasions, or
suppression of material |
12 |
| facts in the securing of a registration are grounds for
|
13 |
| suspension or revocation of the registration.
|
14 |
| (b) A distributor's license shall allow the wholesale |
15 |
| purchase and storage
of alcoholic liquors and sale of alcoholic |
16 |
| liquors to licensees
in this State and to persons without the |
17 |
| State, as may be permitted by law.
|
18 |
| (c) An importing distributor's license may be issued to and |
19 |
| held by
those only who are duly licensed distributors, upon the |
20 |
| filing of an
application by a duly licensed distributor, with |
21 |
| the Commission and
the Commission shall, without the
payment of |
22 |
| any fee, immediately issue such importing distributor's
|
23 |
| license to the applicant, which shall allow the importation of |
24 |
| alcoholic
liquor by the licensee into this State from any point |
25 |
| in the United
States outside this State, and the purchase of |
26 |
| alcoholic liquor in
barrels, casks or other bulk containers and |
|
|
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09500HB2651sam003 |
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|
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| the bottling of such
alcoholic liquors before resale thereof, |
2 |
| but all bottles or containers
so filled shall be sealed, |
3 |
| labeled, stamped and otherwise made to comply
with all |
4 |
| provisions, rules and regulations governing manufacturers in
|
5 |
| the preparation and bottling of alcoholic liquors. The |
6 |
| importing
distributor's license shall permit such licensee to |
7 |
| purchase alcoholic
liquor from Illinois licensed non-resident |
8 |
| dealers and foreign importers only.
|
9 |
| (d) A retailer's license shall allow the licensee to sell |
10 |
| and offer
for sale at retail, only in the premises specified in |
11 |
| the license,
alcoholic liquor for use or consumption, but not |
12 |
| for resale in any form. Nothing in this amendatory Act of the |
13 |
| 95th General Assembly shall deny, limit, remove, or restrict |
14 |
| the ability of a holder of a retailer's license to transfer, |
15 |
| deliver, or ship alcoholic liquor to the purchaser for use or |
16 |
| consumption subject to any applicable local law or ordinance. |
17 |
| Any retail license issued to a manufacturer shall only
permit |
18 |
| the manufacturer to sell beer at retail on the premises |
19 |
| actually
occupied by the manufacturer. For the purpose of |
20 |
| further describing the type of business conducted at a retail |
21 |
| licensed premises, a retailer's licensee may be designated by |
22 |
| the State Commission as (i) an on premise consumption retailer, |
23 |
| (ii) an off premise sale retailer, or (iii) a combined on |
24 |
| premise consumption and off premise sale retailer.
|
25 |
| Notwithstanding any other provision of this subsection |
26 |
| (d), a retail
licensee may sell alcoholic liquors to a special |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
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| event retailer licensee for
resale to the extent permitted |
2 |
| under subsection (e).
|
3 |
| (e) A special event retailer's license (not-for-profit) |
4 |
| shall permit the
licensee to purchase alcoholic liquors from an |
5 |
| Illinois licensed distributor
(unless the licensee purchases |
6 |
| less than $500 of alcoholic liquors for the
special event, in |
7 |
| which case the licensee may purchase the alcoholic liquors
from |
8 |
| a licensed retailer) and shall allow the licensee to sell and |
9 |
| offer for
sale, at retail, alcoholic liquors for use or |
10 |
| consumption, but not for resale
in any form and only at the |
11 |
| location and on the specific dates designated for
the special |
12 |
| event in the license. An applicant for a special event retailer
|
13 |
| license must
(i) furnish with the application: (A) a resale |
14 |
| number issued under Section
2c of the Retailers' Occupation Tax |
15 |
| Act or evidence that the applicant is
registered under Section |
16 |
| 2a of the Retailers' Occupation Tax Act, (B) a
current, valid |
17 |
| exemption identification
number issued under Section 1g of the |
18 |
| Retailers' Occupation Tax Act, and a
certification to the |
19 |
| Commission that the purchase of alcoholic liquors will be
a |
20 |
| tax-exempt purchase, or (C) a statement that the applicant is |
21 |
| not registered
under Section 2a of the Retailers' Occupation |
22 |
| Tax Act, does not hold a resale
number under Section 2c of the |
23 |
| Retailers' Occupation Tax Act, and does not
hold an exemption |
24 |
| number under Section 1g of the Retailers' Occupation Tax
Act, |
25 |
| in which event the Commission shall set forth on the special |
26 |
| event
retailer's license a statement to that effect; (ii) |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
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| submit with the application proof satisfactory to
the State |
2 |
| Commission that the applicant will provide dram shop liability
|
3 |
| insurance in the maximum limits; and (iii) show proof |
4 |
| satisfactory to the
State Commission that the applicant has |
5 |
| obtained local authority
approval.
|
6 |
| (f) A railroad license shall permit the licensee to import |
7 |
| alcoholic
liquors into this State from any point in the United |
8 |
| States outside this
State and to store such alcoholic liquors |
9 |
| in this State; to make wholesale
purchases of alcoholic liquors |
10 |
| directly from manufacturers, foreign
importers, distributors |
11 |
| and importing distributors from within or outside
this State; |
12 |
| and to store such alcoholic liquors in this State; provided
|
13 |
| that the above powers may be exercised only in connection with |
14 |
| the
importation, purchase or storage of alcoholic liquors to be |
15 |
| sold or
dispensed on a club, buffet, lounge or dining car |
16 |
| operated on an electric,
gas or steam railway in this State; |
17 |
| and provided further, that railroad
licensees exercising the |
18 |
| above powers shall be subject to all provisions of
Article VIII |
19 |
| of this Act as applied to importing distributors. A railroad
|
20 |
| license shall also permit the licensee to sell or dispense |
21 |
| alcoholic
liquors on any club, buffet, lounge or dining car |
22 |
| operated on an electric,
gas or steam railway regularly |
23 |
| operated by a common carrier in this State,
but shall not |
24 |
| permit the sale for resale of any alcoholic liquors to any
|
25 |
| licensee within this State. A license shall be obtained for |
26 |
| each car in which
such sales are made.
|
|
|
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09500HB2651sam003 |
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|
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| (g) A boat license shall allow the sale of alcoholic liquor |
2 |
| in
individual drinks, on any passenger boat regularly operated |
3 |
| as a common
carrier on navigable waters in this State or on any |
4 |
| riverboat operated
under
the Illinois Riverboat Gambling Act, |
5 |
| which boat or riverboat maintains a public
dining room or |
6 |
| restaurant thereon.
|
7 |
| A casino license shall allow the sale of alcoholic liquor |
8 |
| in individual drinks at any casino gambling facility operated |
9 |
| under the Illinois Gambling Act that maintains a public dining |
10 |
| room or restaurant at that facility. |
11 |
| (h) A non-beverage user's license shall allow the licensee |
12 |
| to
purchase alcoholic liquor from a licensed manufacturer or |
13 |
| importing
distributor, without the imposition of any tax upon |
14 |
| the business of such
licensed manufacturer or importing |
15 |
| distributor as to such alcoholic
liquor to be used by such |
16 |
| licensee solely for the non-beverage purposes
set forth in |
17 |
| subsection (a) of Section 8-1 of this Act, and
such licenses |
18 |
| shall be divided and classified and shall permit the
purchase, |
19 |
| possession and use of limited and stated quantities of
|
20 |
| alcoholic liquor as follows:
|
21 |
| Class 1, not to exceed ......................... 500 gallons
|
22 |
| Class 2, not to exceed ....................... 1,000 gallons
|
23 |
| Class 3, not to exceed ....................... 5,000 gallons
|
24 |
| Class 4, not to exceed ...................... 10,000 gallons
|
25 |
| Class 5, not to exceed ....................... 50,000 gallons
|
26 |
| (i) A wine-maker's premises license shall allow a
licensee |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| that concurrently holds a first-class wine-maker's license to |
2 |
| sell
and offer for sale at retail in the premises specified in |
3 |
| such license
not more than 50,000 gallons of the first-class |
4 |
| wine-maker's wine that is
made at the first-class wine-maker's |
5 |
| licensed premises per year for use or
consumption, but not for |
6 |
| resale in any form. A wine-maker's premises
license shall allow |
7 |
| a licensee who concurrently holds a second-class
wine-maker's |
8 |
| license to sell and offer for sale at retail in the premises
|
9 |
| specified in such license up to 100,000 gallons of the
|
10 |
| second-class wine-maker's wine that is made at the second-class |
11 |
| wine-maker's
licensed premises per year
for use or consumption |
12 |
| but not for resale in any form. A wine-maker's premises license |
13 |
| shall allow a
licensee that concurrently holds a first-class |
14 |
| wine-maker's license or a second-class
wine-maker's license to |
15 |
| sell
and offer for sale at retail at the premises specified in |
16 |
| the wine-maker's premises license, for use or consumption but |
17 |
| not for resale in any form, any beer, wine, and spirits |
18 |
| purchased from a licensed distributor. Upon approval from the
|
19 |
| State Commission, a wine-maker's premises license
shall allow |
20 |
| the licensee to sell and offer for sale at (i) the wine-maker's
|
21 |
| licensed premises and (ii) at up to 2 additional locations for |
22 |
| use and
consumption and not for resale. Each location shall |
23 |
| require additional
licensing per location as specified in |
24 |
| Section 5-3 of this Act. A wine-maker's premises licensee shall
|
25 |
| secure liquor liability insurance coverage in an amount at
|
26 |
| least equal to the maximum liability amounts set forth in
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
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| subsection (a) of Section 6-21 of this Act.
|
2 |
| (j) An airplane license shall permit the licensee to import
|
3 |
| alcoholic liquors into this State from any point in the United |
4 |
| States
outside this State and to store such alcoholic liquors |
5 |
| in this State; to
make wholesale purchases of alcoholic liquors |
6 |
| directly from
manufacturers, foreign importers, distributors |
7 |
| and importing
distributors from within or outside this State; |
8 |
| and to store such
alcoholic liquors in this State; provided |
9 |
| that the above powers may be
exercised only in connection with |
10 |
| the importation, purchase or storage
of alcoholic liquors to be |
11 |
| sold or dispensed on an airplane; and
provided further, that |
12 |
| airplane licensees exercising the above powers
shall be subject |
13 |
| to all provisions of Article VIII of this Act as
applied to |
14 |
| importing distributors. An airplane licensee shall also
permit |
15 |
| the sale or dispensing of alcoholic liquors on any passenger
|
16 |
| airplane regularly operated by a common carrier in this State, |
17 |
| but shall
not permit the sale for resale of any alcoholic |
18 |
| liquors to any licensee
within this State. A single airplane |
19 |
| license shall be required of an
airline company if liquor |
20 |
| service is provided on board aircraft in this
State. The annual |
21 |
| fee for such license shall be as determined in
Section 5-3.
|
22 |
| (k) A foreign importer's license shall permit such licensee |
23 |
| to purchase
alcoholic liquor from Illinois licensed |
24 |
| non-resident dealers only, and to
import alcoholic liquor other |
25 |
| than in bulk from any point outside the
United States and to |
26 |
| sell such alcoholic liquor to Illinois licensed
importing |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| distributors and to no one else in Illinois;
provided that the |
2 |
| foreign importer registers with the State Commission
every
|
3 |
| brand of
alcoholic liquor that it proposes to sell to Illinois |
4 |
| licensees during the
license period and
provided further that |
5 |
| the foreign importer complies with all of the provisions
of |
6 |
| Section
6-9 of this Act with respect to registration of such |
7 |
| Illinois licensees as may
be granted the
right to sell such |
8 |
| brands at wholesale.
|
9 |
| (l) (i) A broker's license shall be required of all persons
|
10 |
| who solicit
orders for, offer to sell or offer to supply |
11 |
| alcoholic liquor to
retailers in the State of Illinois, or who |
12 |
| offer to retailers to ship or
cause to be shipped or to make |
13 |
| contact with distillers, rectifiers,
brewers or manufacturers |
14 |
| or any other party within or without the State
of Illinois in |
15 |
| order that alcoholic liquors be shipped to a distributor,
|
16 |
| importing distributor or foreign importer, whether such |
17 |
| solicitation or
offer is consummated within or without the |
18 |
| State of Illinois.
|
19 |
| No holder of a retailer's license issued by the Illinois |
20 |
| Liquor
Control Commission shall purchase or receive any |
21 |
| alcoholic liquor, the
order for which was solicited or offered |
22 |
| for sale to such retailer by a
broker unless the broker is the |
23 |
| holder of a valid broker's license.
|
24 |
| The broker shall, upon the acceptance by a retailer of the |
25 |
| broker's
solicitation of an order or offer to sell or supply or |
26 |
| deliver or have
delivered alcoholic liquors, promptly forward |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| to the Illinois Liquor
Control Commission a notification of |
2 |
| said transaction in such form as
the Commission may by |
3 |
| regulations prescribe.
|
4 |
| (ii) A broker's license shall be required of
a person |
5 |
| within this State, other than a retail licensee,
who, for a fee |
6 |
| or commission, promotes, solicits, or accepts orders for
|
7 |
| alcoholic liquor, for use or consumption and not for
resale, to |
8 |
| be shipped from this State and delivered to residents outside |
9 |
| of
this State by an express company, common carrier, or |
10 |
| contract carrier.
This Section does not apply to any person who |
11 |
| promotes, solicits, or accepts
orders for wine as specifically |
12 |
| authorized in Section 6-29 of this Act.
|
13 |
| A broker's license under this subsection (l)
shall not |
14 |
| entitle the holder to
buy or sell any
alcoholic liquors for his |
15 |
| own account or to take or deliver title to
such alcoholic |
16 |
| liquors.
|
17 |
| This subsection (l)
shall not apply to distributors, |
18 |
| employees of
distributors, or employees of a manufacturer who |
19 |
| has registered the
trademark, brand or name of the alcoholic |
20 |
| liquor pursuant to Section 6-9
of this Act, and who regularly |
21 |
| sells such alcoholic liquor
in the State of Illinois only to |
22 |
| its registrants thereunder.
|
23 |
| Any agent, representative, or person subject to |
24 |
| registration pursuant to
subsection (a-1) of this Section shall |
25 |
| not be eligible to receive a broker's
license.
|
26 |
| (m) A non-resident dealer's license shall permit such |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| licensee to ship
into and warehouse alcoholic liquor into this |
2 |
| State from any point
outside of this State, and to sell such |
3 |
| alcoholic liquor to Illinois licensed
foreign importers and |
4 |
| importing distributors and to no one else in this State;
|
5 |
| provided that said non-resident dealer shall register with the |
6 |
| Illinois Liquor
Control Commission each and every brand of |
7 |
| alcoholic liquor which it proposes
to sell to Illinois |
8 |
| licensees during the license period; and further provided
that |
9 |
| it shall comply with all of the provisions of Section 6-9 |
10 |
| hereof with
respect to registration of such Illinois licensees |
11 |
| as may be granted the right
to sell such brands at wholesale.
|
12 |
| (n) A brew pub license shall allow the licensee to |
13 |
| manufacture beer only
on the premises specified in the license, |
14 |
| to make sales of the
beer manufactured on the premises to |
15 |
| importing distributors, distributors,
and to non-licensees for |
16 |
| use and consumption, to store the beer upon
the premises, and |
17 |
| to sell and offer for sale at retail from the licensed
|
18 |
| premises, provided that a brew pub licensee shall not sell for |
19 |
| off-premises
consumption more than 50,000 gallons per year.
|
20 |
| (o) A caterer retailer license shall allow the holder
to |
21 |
| serve alcoholic liquors as an incidental part of a food service |
22 |
| that serves
prepared meals which excludes the serving of snacks |
23 |
| as
the primary meal, either on or off-site whether licensed or |
24 |
| unlicensed.
|
25 |
| (p) An auction liquor license shall allow the licensee to |
26 |
| sell and offer
for sale at auction wine and spirits for use or |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| consumption, or for resale by
an Illinois liquor licensee in |
2 |
| accordance with provisions of this Act. An
auction liquor |
3 |
| license will be issued to a person and it will permit the
|
4 |
| auction liquor licensee to hold the auction anywhere in the |
5 |
| State. An auction
liquor license must be obtained for each |
6 |
| auction at least 14 days in advance of
the auction date.
|
7 |
| (q) A special use permit license shall allow an Illinois |
8 |
| licensed
retailer to transfer a portion of its alcoholic liquor |
9 |
| inventory from its
retail licensed premises to the premises |
10 |
| specified in the license hereby
created, and to sell or offer |
11 |
| for sale at retail, only in the premises
specified in the |
12 |
| license hereby created, the transferred alcoholic liquor for
|
13 |
| use or consumption, but not for resale in any form. A special |
14 |
| use permit
license may be granted for the following time |
15 |
| periods: one day or less; 2 or
more days to a maximum of 15 days |
16 |
| per location in any 12 month period. An
applicant for the |
17 |
| special use permit license must also submit with the
|
18 |
| application proof satisfactory to the State Commission that the |
19 |
| applicant will
provide dram shop liability insurance to the |
20 |
| maximum limits and have local
authority approval.
|
21 |
| (r) A winery shipper's license shall allow a person
with a |
22 |
| first-class or second-class wine manufacturer's
license, a |
23 |
| first-class or second-class wine-maker's license,
or a limited |
24 |
| wine manufacturer's license or who is licensed to
make wine |
25 |
| under the laws of another state to ship wine
made by that |
26 |
| licensee directly to a resident of this
State who is 21 years |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| of age or older for that resident's
personal use and not for |
2 |
| resale. Prior to receiving a
winery shipper's license, an |
3 |
| applicant for the license must
provide the Commission with a |
4 |
| true copy of its current
license in any state in which it is |
5 |
| licensed as a manufacturer
of wine. An applicant for a winery |
6 |
| shipper's license must
also complete an application form that |
7 |
| provides any other
information the Commission deems necessary. |
8 |
| The
application form shall include an acknowledgement |
9 |
| consenting
to the jurisdiction of the Commission, the Illinois
|
10 |
| Department of Revenue, and the courts of this State concerning
|
11 |
| the enforcement of this Act and any related laws, rules, and
|
12 |
| regulations, including authorizing the Department of Revenue
|
13 |
| and the Commission to conduct audits for the purpose of
|
14 |
| ensuring compliance with this amendatory Act. |
15 |
| A winery shipper licensee must pay to the Department
of |
16 |
| Revenue the State liquor gallonage tax under Section 8-1 for
|
17 |
| all wine that is sold by the licensee and shipped to a person
|
18 |
| in this State. For the purposes of Section 8-1, a winery
|
19 |
| shipper licensee shall be taxed in the same manner as a
|
20 |
| manufacturer of wine. A licensee who is not otherwise required |
21 |
| to register under the Retailers' Occupation Tax Act must
|
22 |
| register under the Use Tax Act to collect and remit use tax to
|
23 |
| the Department of Revenue for all gallons of wine that are sold
|
24 |
| by the licensee and shipped to persons in this State. If a
|
25 |
| licensee fails to remit the tax imposed under this Act in
|
26 |
| accordance with the provisions of Article VIII of this Act, the
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| winery shipper's license shall be revoked in accordance
with |
2 |
| the provisions of Article VII of this Act. If a licensee
fails |
3 |
| to properly register and remit tax under the Use Tax Act
or the |
4 |
| Retailers' Occupation Tax Act for all wine that is sold
by the |
5 |
| winery shipper and shipped to persons in this
State, the winery |
6 |
| shipper's license shall be revoked in
accordance with the |
7 |
| provisions of Article VII of this Act. |
8 |
| A winery shipper licensee must collect, maintain, and
|
9 |
| submit to the Commission on a semi-annual basis the
total |
10 |
| number of cases per resident of wine shipped to residents
of |
11 |
| this State.
A winery shipper licensed under this subsection (r)
|
12 |
| must comply with the requirements of Section 6-29 of this |
13 |
| amendatory Act.
|
14 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-634, eff. 6-1-08.)
|
15 |
| (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
|
16 |
| Sec. 6-30. Notwithstanding any other provision of this Act, |
17 |
| the
Illinois Gaming Board shall have exclusive authority to |
18 |
| establish the hours
for sale and consumption of alcoholic |
19 |
| liquor at a casino or on board a riverboat during
riverboat |
20 |
| gambling excursions conducted in accordance with the Illinois |
21 |
| Riverboat
Gambling Act.
|
22 |
| (Source: P.A. 87-826.)
|
23 |
| Section 90-55. The Criminal Code of 1961 is amended by |
24 |
| changing Sections 28-1, 28-1.1, 28-3, 28-5, and 28-7 as |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| follows:
|
2 |
| (720 ILCS 5/28-1)
(from Ch. 38, par. 28-1)
|
3 |
| Sec. 28-1. Gambling.
|
4 |
| (a) A person commits gambling when he:
|
5 |
| (1) Plays a game of chance or skill for money or other |
6 |
| thing of
value, unless excepted in subsection (b) of this |
7 |
| Section; or
|
8 |
| (2) Makes a wager upon the result of any game, contest, |
9 |
| or any
political nomination, appointment or election; or
|
10 |
| (3) Operates, keeps, owns, uses, purchases, exhibits, |
11 |
| rents, sells,
bargains for the sale or lease of, |
12 |
| manufactures or distributes any
gambling device; or
|
13 |
| (4) Contracts to have or give himself or another the |
14 |
| option to buy
or sell, or contracts to buy or sell, at a |
15 |
| future time, any grain or
other commodity whatsoever, or |
16 |
| any stock or security of any company,
where it is at the |
17 |
| time of making such contract intended by both parties
|
18 |
| thereto that the contract to buy or sell, or the option, |
19 |
| whenever
exercised, or the contract resulting therefrom, |
20 |
| shall be settled, not by
the receipt or delivery of such |
21 |
| property, but by the payment only of
differences in prices |
22 |
| thereof; however, the issuance, purchase, sale,
exercise, |
23 |
| endorsement or guarantee, by or through a person registered
|
24 |
| with the Secretary of State pursuant to Section 8 of the |
25 |
| Illinois
Securities Law of 1953, or by or through a person |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
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|
1 |
| exempt from such
registration under said Section 8, of a |
2 |
| put, call, or other option to
buy or sell securities which |
3 |
| have been registered with the Secretary of
State or which |
4 |
| are exempt from such registration under Section 3 of the
|
5 |
| Illinois Securities Law of 1953 is not gambling within the |
6 |
| meaning of
this paragraph (4); or
|
7 |
| (5) Knowingly owns or possesses any book, instrument or |
8 |
| apparatus by
means of which bets or wagers have been, or |
9 |
| are, recorded or registered,
or knowingly possesses any |
10 |
| money which he has received in the course of
a bet or |
11 |
| wager; or
|
12 |
| (6) Sells pools upon the result of any game or contest |
13 |
| of skill or
chance, political nomination, appointment or |
14 |
| election; or
|
15 |
| (7) Sets up or promotes any lottery or sells, offers to |
16 |
| sell or
transfers any ticket or share for any lottery; or
|
17 |
| (8) Sets up or promotes any policy game or sells, |
18 |
| offers to sell or
knowingly possesses or transfers any |
19 |
| policy ticket, slip, record,
document or other similar |
20 |
| device; or
|
21 |
| (9) Knowingly drafts, prints or publishes any lottery |
22 |
| ticket or share,
or any policy ticket, slip, record, |
23 |
| document or similar device, except for
such activity |
24 |
| related to lotteries, bingo games and raffles authorized by
|
25 |
| and conducted in accordance with the laws of Illinois or |
26 |
| any other state or
foreign government; or
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| (10) Knowingly advertises any lottery or policy game, |
2 |
| except for such
activity related to lotteries, bingo games |
3 |
| and raffles authorized by and
conducted in accordance with |
4 |
| the laws of Illinois or any other state; or
|
5 |
| (11) Knowingly transmits information as to wagers, |
6 |
| betting odds, or
changes in betting odds by telephone, |
7 |
| telegraph, radio, semaphore or
similar means; or knowingly |
8 |
| installs or maintains equipment for the
transmission or |
9 |
| receipt of such information; except that nothing in this
|
10 |
| subdivision (11) prohibits transmission or receipt of such |
11 |
| information
for use in news reporting of sporting events or |
12 |
| contests; or
|
13 |
| (12) Knowingly establishes, maintains, or operates an |
14 |
| Internet site that
permits a person to play a game of
|
15 |
| chance or skill for money or other thing of value by means |
16 |
| of the Internet or
to make a wager upon the
result of any |
17 |
| game, contest, political nomination, appointment, or
|
18 |
| election by means of the Internet.
|
19 |
| (b) Participants in any of the following activities shall |
20 |
| not be
convicted of gambling therefor:
|
21 |
| (1) Agreements to compensate for loss caused by the |
22 |
| happening of
chance including without limitation contracts |
23 |
| of indemnity or guaranty
and life or health or accident |
24 |
| insurance;
|
25 |
| (2) Offers of prizes, award or compensation to the |
26 |
| actual
contestants in any bona fide contest for the |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| determination of skill,
speed, strength or endurance or to |
2 |
| the owners of animals or vehicles
entered in such contest;
|
3 |
| (3) Pari-mutuel betting as authorized by the law of |
4 |
| this State;
|
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;
|
11 |
| (5) The game commonly known as "bingo", when conducted |
12 |
| in accordance
with the Bingo License and Tax Act;
|
13 |
| (6) Lotteries when conducted by the State of Illinois |
14 |
| in accordance
with the Illinois Lottery Law;
|
15 |
| (7) Possession of an antique slot machine that is |
16 |
| neither used nor
intended to be used in the operation or |
17 |
| promotion of any unlawful
gambling activity or enterprise. |
18 |
| For the purpose of this subparagraph
(b)(7), an antique |
19 |
| slot machine is one manufactured 25 years ago or earlier;
|
20 |
| (8) Raffles when conducted in accordance with the |
21 |
| Raffles Act;
|
22 |
| (9) Charitable games when conducted in accordance with |
23 |
| the Charitable
Games Act;
|
24 |
| (10) Pull tabs and jar games when conducted under the |
25 |
| Illinois Pull
Tabs and Jar Games Act; or
|
26 |
| (11) Gambling games conducted on riverboats when
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| authorized by the Illinois Riverboat Gambling Act.
|
2 |
| (c) Sentence.
|
3 |
| Gambling under subsection (a)(1) or (a)(2) of this Section |
4 |
| is a
Class A misdemeanor. Gambling under any of subsections |
5 |
| (a)(3) through
(a)(11) of this Section is a Class A |
6 |
| misdemeanor. A second or
subsequent conviction under any of |
7 |
| subsections (a)(3) through (a)(11),
is a Class 4 felony. |
8 |
| Gambling under subsection (a)(12) of this Section is a
Class A
|
9 |
| misdemeanor. A second or subsequent conviction under |
10 |
| subsection (a)(12) is a
Class 4 felony.
|
11 |
| (d) Circumstantial evidence.
|
12 |
| In prosecutions under subsection (a)(1) through (a)(12) of
|
13 |
| this
Section circumstantial evidence shall have the same |
14 |
| validity and weight as
in any criminal prosecution.
|
15 |
| (Source: P.A. 91-257, eff. 1-1-00.)
|
16 |
| (720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
|
17 |
| Sec. 28-1.1. Syndicated gambling.
|
18 |
| (a) Declaration of Purpose. Recognizing the close |
19 |
| relationship between
professional gambling and other organized |
20 |
| crime, it is declared to be the
policy of the legislature to |
21 |
| restrain persons from engaging in the business
of gambling for |
22 |
| profit in this State. This Section shall be liberally
construed |
23 |
| and administered with a view to carrying out this policy.
|
24 |
| (b) A person commits syndicated gambling when he operates a |
25 |
| "policy
game" or engages in the business of bookmaking.
|
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| (c) A person "operates a policy game" when he knowingly |
2 |
| uses any
premises or property for the purpose of receiving or |
3 |
| knowingly does
receive from what is commonly called "policy":
|
4 |
| (1) money from a person other than the better or player |
5 |
| whose
bets or plays are represented by such money; or
|
6 |
| (2) written "policy game" records, made or used over |
7 |
| any
period of time, from a person other than the better or |
8 |
| player whose bets
or plays are represented by such written |
9 |
| record.
|
10 |
| (d) A person engages in bookmaking when he receives or |
11 |
| accepts more
than five bets or wagers upon the result of any |
12 |
| trials or contests of
skill, speed or power of endurance or |
13 |
| upon any lot, chance, casualty,
unknown or contingent event |
14 |
| whatsoever, which bets or wagers shall be of
such size that the |
15 |
| total of the amounts of money paid or promised to be
paid to |
16 |
| such bookmaker on account thereof shall exceed $2,000.
|
17 |
| Bookmaking is the receiving or accepting of such bets or wagers
|
18 |
| regardless of the form or manner in which the bookmaker records |
19 |
| them.
|
20 |
| (e) Participants in any of the following activities shall |
21 |
| not be
convicted of syndicated gambling:
|
22 |
| (1) Agreements to compensate for loss caused by the |
23 |
| happening
of chance including without limitation contracts |
24 |
| of indemnity or
guaranty and life or health or accident |
25 |
| insurance; and
|
26 |
| (2) Offers of prizes, award or compensation to the |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| actual
contestants in any bona fide contest for the |
2 |
| determination of skill,
speed, strength or endurance or to |
3 |
| the owners of animals or vehicles
entered in such contest; |
4 |
| and
|
5 |
| (3) Pari-mutuel betting as authorized by law of this |
6 |
| State;
and
|
7 |
| (4) Manufacture of gambling devices, including the |
8 |
| acquisition
of essential parts therefor and the assembly |
9 |
| thereof, for transportation
in interstate or foreign |
10 |
| commerce to any place outside this State when
such |
11 |
| transportation is not prohibited by any applicable Federal |
12 |
| law; and
|
13 |
| (5) Raffles when conducted in accordance with the |
14 |
| Raffles Act; and
|
15 |
| (6) Gambling games conducted on riverboats , in |
16 |
| casinos, or at electronic gaming facilities when
|
17 |
| authorized by the Illinois Riverboat
Gambling Act.
|
18 |
| (f) Sentence. Syndicated gambling is a Class 3 felony.
|
19 |
| (Source: P.A. 86-1029; 87-435.)
|
20 |
| (720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
|
21 |
| Sec. 28-3. Keeping a Gambling Place. A "gambling place" is |
22 |
| any real
estate, vehicle, boat or any other property whatsoever |
23 |
| used for the
purposes of gambling other than gambling conducted |
24 |
| in the manner authorized
by the Illinois Riverboat Gambling |
25 |
| Act. Any person who knowingly permits any premises
or property |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| owned or occupied by him or under his control to be used as a
|
2 |
| gambling place commits a Class A misdemeanor. Each subsequent |
3 |
| offense is a
Class 4 felony. When any premises is determined by |
4 |
| the circuit court to be
a gambling place:
|
5 |
| (a) Such premises is a public nuisance and may be proceeded |
6 |
| against as such, and
|
7 |
| (b) All licenses, permits or certificates issued by the |
8 |
| State of
Illinois or any subdivision or public agency thereof |
9 |
| authorizing the
serving of food or liquor on such premises |
10 |
| shall be void; and no license,
permit or certificate so |
11 |
| cancelled shall be reissued for such premises for
a period of |
12 |
| 60 days thereafter; nor shall any person convicted of keeping a
|
13 |
| gambling place be reissued such license
for one year from his |
14 |
| conviction and, after a second conviction of keeping
a gambling |
15 |
| place, any such person shall not be reissued such license, and
|
16 |
| (c) Such premises of any person who knowingly permits |
17 |
| thereon a
violation of any Section of this Article shall be |
18 |
| held liable for, and may
be sold to pay any unsatisfied |
19 |
| judgment that may be recovered and any
unsatisfied fine that |
20 |
| may be levied under any Section of this Article.
|
21 |
| (Source: P.A. 86-1029.)
|
22 |
| (720 ILCS 5/28-5)
(from Ch. 38, par. 28-5)
|
23 |
| Sec. 28-5. Seizure of gambling devices and gambling funds.
|
24 |
| (a) Every device designed for gambling which is incapable |
25 |
| of lawful use
or every device used unlawfully for gambling |
|
|
|
09500HB2651sam003 |
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LRB095 01228 AMC 51792 a |
|
|
1 |
| shall be considered a
"gambling device", and shall be subject |
2 |
| to seizure, confiscation and
destruction by the Department of |
3 |
| State Police or by any municipal, or other
local authority, |
4 |
| within whose jurisdiction the same may be found. As used
in |
5 |
| this Section, a "gambling device" includes any slot machine, |
6 |
| and
includes any machine or device constructed for the |
7 |
| reception of money or
other thing of value and so constructed |
8 |
| as to return, or to cause someone
to return, on chance to the |
9 |
| player thereof money, property or a right to
receive money or |
10 |
| property. With the exception of any device designed for
|
11 |
| gambling which is incapable of lawful use, no gambling device |
12 |
| shall be
forfeited or destroyed unless an individual with a |
13 |
| property interest in
said device knows of the unlawful use of |
14 |
| the device.
|
15 |
| (b) Every gambling device shall be seized and forfeited to |
16 |
| the county
wherein such seizure occurs. Any money or other |
17 |
| thing of value integrally
related to acts of gambling shall be |
18 |
| seized and forfeited to the county
wherein such seizure occurs.
|
19 |
| (c) If, within 60 days after any seizure pursuant to |
20 |
| subparagraph
(b) of this Section, a person having any property |
21 |
| interest in the seized
property is charged with an offense, the |
22 |
| court which renders judgment
upon such charge shall, within 30 |
23 |
| days after such judgment, conduct a
forfeiture hearing to |
24 |
| determine whether such property was a gambling device
at the |
25 |
| time of seizure. Such hearing shall be commenced by a written
|
26 |
| petition by the State, including material allegations of fact, |
|
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|
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| the name
and address of every person determined by the State to |
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| have any property
interest in the seized property, a |
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| representation that written notice of
the date, time and place |
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| of such hearing has been mailed to every such
person by |
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| certified mail at least 10 days before such date, and a
request |
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| for forfeiture. Every such person may appear as a party and
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| present evidence at such hearing. The quantum of proof required |
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| shall
be a preponderance of the evidence, and the burden of |
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| proof shall be on
the State. If the court determines that the |
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| seized property was
a gambling device at the time of seizure, |
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| an order of forfeiture and
disposition of the seized property |
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| shall be entered: a gambling device
shall be received by the |
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| State's Attorney, who shall effect its
destruction, except that |
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| valuable parts thereof may be liquidated and
the resultant |
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| money shall be deposited in the general fund of the county
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| wherein such seizure occurred; money and other things of value |
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| shall be
received by the State's Attorney and, upon |
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| liquidation, shall be
deposited in the general fund of the |
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| county wherein such seizure
occurred. However, in the event |
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| that a defendant raises the defense
that the seized slot |
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| machine is an antique slot machine described in
subparagraph |
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| (b) (7) of Section 28-1 of this Code and therefore he is
exempt |
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| from the charge of a gambling activity participant, the seized
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| antique slot machine shall not be destroyed or otherwise |
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| altered until a
final determination is made by the Court as to |
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| whether it is such an
antique slot machine. Upon a final |
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09500HB2651sam003 |
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| determination by the Court of this
question in favor of the |
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| defendant, such slot machine shall be
immediately returned to |
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| the defendant. Such order of forfeiture and
disposition shall, |
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| for the purposes of appeal, be a final order and
judgment in a |
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| civil proceeding.
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| (d) If a seizure pursuant to subparagraph (b) of this |
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| Section is not
followed by a charge pursuant to subparagraph |
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| (c) of this Section, or if
the prosecution of such charge is |
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| permanently terminated or indefinitely
discontinued without |
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| any judgment of conviction or acquittal (1) the
State's |
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| Attorney shall commence an in rem proceeding for the forfeiture
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| and destruction of a gambling device, or for the forfeiture and |
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| deposit
in the general fund of the county of any seized money |
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| or other things of
value, or both, in the circuit court and (2) |
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| any person having any
property interest in such seized gambling |
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| device, money or other thing
of value may commence separate |
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| civil proceedings in the manner provided
by law.
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| (e) Any gambling device displayed for sale to a riverboat |
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| gambling
operation , casino gambling operation, or electronic |
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| gaming facility or used to train occupational licensees of a |
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| riverboat gambling
operation , casino gambling operation, or |
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| electronic gaming facility as authorized under the Illinois |
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| Riverboat Gambling Act is exempt from
seizure under this |
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| Section.
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| (f) Any gambling equipment, devices and supplies provided |
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| by a licensed
supplier in accordance with the Illinois |
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| Riverboat Gambling Act which are removed
from a
the riverboat , |
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| casino, or electronic gaming facility for repair are
exempt |
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| from seizure under this Section.
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| (Source: P.A. 87-826.)
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| (720 ILCS 5/28-7)
(from Ch. 38, par. 28-7)
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| Sec. 28-7. Gambling contracts void.
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| (a) All promises, notes, bills, bonds, covenants, |
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| contracts, agreements,
judgments, mortgages, or other |
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| securities or conveyances made, given,
granted, drawn, or |
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| entered into, or executed by any person whatsoever,
where the |
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| whole or any part of the consideration thereof is for any
money |
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| or thing of value, won or obtained in violation of any Section |
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| of
this Article are null and void.
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| (b) Any obligation void under this Section may be set aside |
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| and vacated
by any court of competent jurisdiction, upon a |
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| complaint filed for that
purpose, by the person so granting, |
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| giving, entering into, or executing the
same, or by his |
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| executors or administrators, or by any creditor, heir,
legatee, |
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| purchaser or other person interested therein; or if a judgment,
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| the same may be set aside on motion of any person stated above, |
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| on due
notice thereof given.
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| (c) No assignment of any obligation void under this Section |
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| may in any
manner affect the defense of the person giving, |
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| granting, drawing, entering
into or executing such obligation, |
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| or the remedies of any person interested
therein.
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| (d) This Section shall not prevent a licensed owner of a |
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| riverboat
gambling operation , casino gambling operation, or an |
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| electronic gaming licensee under the Illinois Gambling
Act and |
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| the Illinois Horse Racing Act of 1975 from instituting a cause |
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| of
action to collect any amount due and owing under an |
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| extension of credit to a
riverboat gambling patron as |
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| authorized under Section 11.1 of the
Illinois Riverboat |
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| Gambling Act.
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| (Source: P.A. 87-826.)
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| Section 90-57. The Eminent Domain Act is amended by adding |
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| Section 15-5-45 as follows: |
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| (735 ILCS 30/15-5-45 new)
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| Sec. 15-5-45. Eminent domain powers in New Acts. The |
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| following provisions of law may include express grants of the |
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| power to acquire property by condemnation or eminent domain: |
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| Chicago Casino Development Authority Act; City of Chicago; for |
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| the purposes of the Act.
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| Illinois Casino Development Authority Act; Illinois Casino |
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| Development Authority; for the purposes of the Act. |
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| Section 90-60. The Payday Loan Reform Act is amended by |
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| changing Section 3-5 as follows: |
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| (815 ILCS 122/3-5)
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| Sec. 3-5. Licensure. |
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| (a) A license to make a payday loan shall state the |
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| address,
including city and state, at which
the business is to |
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| be conducted and shall state fully the name of the licensee.
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| The license shall be conspicuously posted in the place of |
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| business of the
licensee and shall not be transferable or |
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| assignable.
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| (b) An application for a license shall be in writing and in |
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| a form
prescribed by the Secretary. The Secretary may not issue |
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| a payday loan
license unless and until the following findings |
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| are made:
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| (1) that the financial responsibility, experience, |
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| character, and general
fitness of the applicant are such as |
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| to command the confidence of the public
and to warrant the |
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| belief that the business will be operated lawfully and
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| fairly and within the provisions and purposes of this Act; |
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| and
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| (2) that the applicant has submitted such other |
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| information as the
Secretary may deem necessary.
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| (c) A license shall be issued for no longer than one year, |
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| and no renewal
of a license may be provided if a licensee has |
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| substantially violated this
Act and has not cured the violation |
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| to the satisfaction of the Department.
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| (d) A licensee shall appoint, in writing, the Secretary as |
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| attorney-in-fact
upon whom all lawful process against the |
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09500HB2651sam003 |
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| licensee may be served with the
same legal force and validity |
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| as if served on the licensee. A copy of the
written |
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| appointment, duly certified, shall be filed in the office of |
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| the
Secretary, and a copy thereof certified by the Secretary |
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| shall be sufficient
evidence to subject a licensee to |
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| jurisdiction in a court of law. This appointment shall remain |
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| in effect while any liability remains
outstanding in this State |
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| against the licensee. When summons is served upon
the Secretary |
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| as attorney-in-fact for a licensee, the Secretary shall |
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| immediately
notify the licensee by registered mail, enclosing |
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| the summons and specifying
the hour and day of service.
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| (e) A licensee must pay an annual fee of $1,000. In |
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| addition to the
license fee, the reasonable expense of any |
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| examination or hearing
by the Secretary under any provisions of |
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| this Act shall be borne by
the licensee. If a licensee fails to |
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| renew its license by December 31,
its license
shall |
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| automatically expire; however, the Secretary, in his or her |
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| discretion,
may reinstate an expired license upon:
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| (1) payment of the annual fee within 30 days of the |
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| date of
expiration; and
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| (2) proof of good cause for failure to renew.
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| (f) Not more than one place of business shall be maintained |
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| under the
same license, but the Secretary may issue more than |
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| one license to the same
licensee upon compliance with all the |
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| provisions of this Act governing
issuance of a single license. |
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| The location, except those locations already in
existence as of |
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| June 1, 2005, may not be within one mile of a
horse race track |
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| subject to the Illinois Horse Racing Act of 1975,
within one |
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| mile of a facility at which gambling is conducted under the
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| Illinois Riverboat Gambling Act, within one mile of the |
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| location at which a
riverboat subject to the Illinois Riverboat |
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| Gambling Act docks, within one mile of the location of a casino |
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| subject to the Illinois Gambling Act, within one mile of the |
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| location of an electronic gaming facility subject to the |
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| Illinois Gambling Act, or within one mile of
any State of |
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| Illinois or United States military base or naval installation.
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| (g) No licensee shall conduct the business of making loans |
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| under this
Act within any office, suite, room, or place of |
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| business in which any other
business is solicited or engaged in |
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| unless the other business is licensed by the Department or, in |
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| the opinion of the Secretary, the
other business would not be |
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| contrary to the best interests of consumers and
is authorized |
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| by the Secretary in writing.
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| (h) The Secretary shall maintain a list of licensees that |
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| shall be
available to interested consumers and lenders and the |
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| public. The Secretary
shall maintain a toll-free number whereby |
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| consumers may obtain
information about licensees. The |
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| Secretary shall also establish a complaint
process under which |
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| an aggrieved consumer
may file a complaint against a licensee |
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| or non-licensee who violates any
provision of this Act.
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| (Source: P.A. 94-13, eff. 12-6-05.)
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| ARTICLE 99. |
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| Section 99-95. No acceleration or delay. Where this Act |
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| makes changes in a statute that is represented in this Act by |
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| text that is not yet or no longer in effect (for example, a |
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| Section represented by multiple versions), the use of that text |
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| does not accelerate or delay the taking effect of (i) the |
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| changes made by this Act or (ii) provisions derived from any |
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| other Public Act. |
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| Section 99-99. Effective date. This Act takes effect upon |
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| becoming law.".
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