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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
5 | Illinois State Fairgrounds Racetrack Authority Act.
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6 | Section 5. Definitions.
As used in this Act: | ||||||||||||||||||||||||
7 | "Authority" means the Illinois State Fairgrounds Racetrack | ||||||||||||||||||||||||
8 | Authority created by this
Act.
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9 | "Racing contractor" means any person or entity selected by | ||||||||||||||||||||||||
10 | the Authority and approved by the Illinois Racing Board to | ||||||||||||||||||||||||
11 | manage and operate the race meets and racing facility within | ||||||||||||||||||||||||
12 | the Illinois State Fairgrounds pursuant to a contract.
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13 | "Executive director" means the person appointed by the | ||||||||||||||||||||||||
14 | Board to oversee the
daily operations of the Authority.
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15 | Section 10. Creation of the Authority. There is hereby | ||||||||||||||||||||||||
16 | created a political subdivision, unit of local government with | ||||||||||||||||||||||||
17 | only the powers authorized by law, body politic, and municipal | ||||||||||||||||||||||||
18 | corporation, by the name and style of the Illinois State | ||||||||||||||||||||||||
19 | Fairgrounds Racetrack Authority. | ||||||||||||||||||||||||
20 | Section 15. Duties of the Authority. It shall be the duty | ||||||||||||||||||||||||
21 | of the Authority to promote, operate, and maintain horse racing |
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1 | operations through a racing contractor in the Illinois State | ||||||
2 | Fairgrounds as provided in this Act. The Authority shall equip | ||||||
3 | and maintain the fairgrounds and its buildings and facilities | ||||||
4 | for that purpose. The Authority has the right to contract with | ||||||
5 | a racing contractor and other third parties in order to fulfill | ||||||
6 | its purpose. The Authority is granted all rights and powers | ||||||
7 | necessary to perform such duties. | ||||||
8 | Section 20. Board. | ||||||
9 | (a) The governing and administrative powers of the | ||||||
10 | Authority is vested in a body consisting of 7 members, 3 of | ||||||
11 | which shall be appointed by the Chairman of the Sangamon County | ||||||
12 | Board with the advice and consent of the Sangamon County Board, | ||||||
13 | one of whom is appointed for an initial term of one year, one | ||||||
14 | of whom is appointed for an initial term of 3 years, and one of | ||||||
15 | whom is appointed for an initial term of 5 years; 3 of which | ||||||
16 | shall be appointed by the Mayor of the City of Springfield with | ||||||
17 | the advice and consent of the city council, one of whom is | ||||||
18 | appointed for an initial term of one year, one of whom is | ||||||
19 | appointed for an initial term of 3 years, and one of whom is | ||||||
20 | appointed for an initial term of 5 years; and one of which | ||||||
21 | shall be appointed by the Chairman of the Sangamon County | ||||||
22 | Emergency Telephone Systems Board for an initial term of 5 | ||||||
23 | years. All appointees shall be subject to approval by the | ||||||
24 | Illinois Racing Board. The Chairman of the Authority shall be | ||||||
25 | elected annually by the Board.
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1 | (b) All successors shall hold office for a term of 5 years, | ||||||
2 | except in the case of an appointment to fill a vacancy. Each | ||||||
3 | member, including the chairperson, shall hold office until the | ||||||
4 | expiration of his or her term and until his or her successor is | ||||||
5 | appointed and qualified. Nothing shall preclude a member from | ||||||
6 | serving consecutive terms. Any member may resign from office, | ||||||
7 | to take effect when a successor has been appointed and | ||||||
8 | qualified. A vacancy in office shall occur in the case of a | ||||||
9 | member's death or indictment, conviction, or plea of guilty to | ||||||
10 | a felony. A vacancy shall be filled for the unexpired term with | ||||||
11 | the approval of the Illinois Racing Board. | ||||||
12 | (c) The appointing officer or the Illinois Racing Board may | ||||||
13 | remove any member of the Board upon a finding of incompetence, | ||||||
14 | neglect of duty, or misfeasance or malfeasance in office or for | ||||||
15 | a violation of this Act. The Illinois Racing Board may remove | ||||||
16 | any member of the Board for any violation of the Illinois Horse | ||||||
17 | Racing Act of 1975 or the rules and regulations of the Illinois | ||||||
18 | Racing Board. | ||||||
19 | (d) Board members shall receive $300 for each day it meets | ||||||
20 | and
shall be entitled to reimbursement of reasonable expenses | ||||||
21 | incurred in the
performance of their official duties. A Board | ||||||
22 | member who serves in the office
of secretary-treasurer may also | ||||||
23 | receive compensation for services provided
as that officer. | ||||||
24 | (e) The Board shall prescribe the time and place for | ||||||
25 | meetings, the manner in which special meetings may be called, | ||||||
26 | and the notice that must be given to members. All actions and |
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1 | meetings of the Board shall be subject to the provisions of the | ||||||
2 | Open Meetings Act. Four members of the Board shall constitute a | ||||||
3 | quorum. All substantive action of the Board shall be by | ||||||
4 | resolution with an affirmative vote of a majority of the | ||||||
5 | members.
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6 | Section 25. Executive director; officers. | ||||||
7 | (a) The Authority shall appoint
an executive director, | ||||||
8 | after the completion of a background investigation and approval | ||||||
9 | by the Gaming Board, who shall be the chief executive officer | ||||||
10 | of the
Authority. The Board shall fix the compensation of the | ||||||
11 | executive director.
Subject to the general control of the | ||||||
12 | Board, the executive director shall be
responsible for the | ||||||
13 | management of the business, properties, and
employees of the | ||||||
14 | Authority. The executive director shall direct the
enforcement | ||||||
15 | of all resolutions, rules, and regulations of the Board, and | ||||||
16 | shall
perform such other duties as may be prescribed from
time | ||||||
17 | to time by the Board. All employees and independent | ||||||
18 | contractors,
consultants, engineers, architects, accountants, | ||||||
19 | attorneys, financial experts,
construction experts and | ||||||
20 | personnel, superintendents, managers, and other
personnel | ||||||
21 | appointed or employed pursuant to this Act shall
report to the | ||||||
22 | executive director. In addition to any other duties set forth | ||||||
23 | in
this Act, the executive director shall do all of the | ||||||
24 | following:
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25 | (1) Direct and supervise the administrative affairs |
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1 | and activities of the
Authority in accordance with its | ||||||
2 | rules, regulations, and policies.
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3 | (2) Attend meetings of the Board.
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4 | (3) Keep minutes of all proceedings of the Board.
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5 | (4) Approve all accounts for salaries, per diem | ||||||
6 | payments, and allowable
expenses of the Board and its | ||||||
7 | employees and consultants.
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8 | (5) Report and make recommendations to the Board | ||||||
9 | concerning the terms and
conditions of any contract with a | ||||||
10 | horse racing contractor.
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11 | (6) Perform any other duty that the Board requires for | ||||||
12 | carrying out the
provisions of this Act.
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13 | (7) Devote his or her full time to the duties of the | ||||||
14 | office and not hold
any other office or employment.
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15 | (b) The Board may select a secretary-treasurer to hold | ||||||
16 | office at the pleasure of the Board. The Board
shall fix the | ||||||
17 | duties of such officer.
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18 | Section 30. General rights and powers of the Authority. In | ||||||
19 | addition to the duties and powers set forth in this Act, the | ||||||
20 | Authority shall have the following rights and powers: | ||||||
21 | (1) Transition the conduct of horse racing at the | ||||||
22 | Illinois State Fairgrounds from an annual race meeting that | ||||||
23 | is contained within the duration of the Illinois State Fair | ||||||
24 | to an annual standardbred race meeting that lasts from 3 to | ||||||
25 | 9 months, depending on funding and market conditions. |
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1 | (2) Adopt and alter an official seal. | ||||||
2 | (3) Establish and change its fiscal year. | ||||||
3 | (4) Sue and be sued, plead and be impleaded, all in its | ||||||
4 | own name, and agree to binding arbitration of any dispute | ||||||
5 | to which it is a party. | ||||||
6 | (5) Adopt, amend, and repeal by-laws, rules, and | ||||||
7 | regulations consistent with the furtherance of the powers | ||||||
8 | and duties provided for. | ||||||
9 | (6) Maintain its principal office and such other | ||||||
10 | offices as the Board may designate. | ||||||
11 | (7) Conduct background investigations of potential | ||||||
12 | racing contractors, including its principals or | ||||||
13 | shareholders, and Authority staff. | ||||||
14 | (8) Employ, either as regular employees or independent | ||||||
15 | contractors, consultants, engineers, architects, | ||||||
16 | accountants, attorneys, financial experts, construction | ||||||
17 | experts and personnel, superintendents, managers and other | ||||||
18 | professional personnel, and such other personnel as may be | ||||||
19 | necessary in the judgment of the Board, and fix their | ||||||
20 | compensation. | ||||||
21 | (9) Operate and maintain grounds, buildings, and | ||||||
22 | facilities to carry out its corporate purposes and duties. | ||||||
23 | (10) Enter into, revoke, and modify contracts. | ||||||
24 | (11) Enter into a contract with a racing contractor. | ||||||
25 | (12) Develop, or cause to be developed by a third | ||||||
26 | party, a master plan for development of horse racing at the |
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1 | Illinois State Fairgrounds. | ||||||
2 | (13) Negotiate and enter into intergovernmental | ||||||
3 | agreements with the State and its agencies and units of | ||||||
4 | local government in furtherance of the powers and duties of | ||||||
5 | the Board, including with the Department of Agriculture for | ||||||
6 | the use of facilities in compliance with the State Fair | ||||||
7 | Act. | ||||||
8 | (14) Receive and disburse funds for its own corporate | ||||||
9 | purposes or as otherwise specified in this Act. | ||||||
10 | (15) Borrow money from any source, public or private, | ||||||
11 | for any corporate purpose, including, without limitation, | ||||||
12 | working capital for its operations, reserve funds, or | ||||||
13 | payment of interest, and to mortgage, pledge, or otherwise | ||||||
14 | encumber the property or funds of the Authority and to | ||||||
15 | contract with or engage the services of any person in | ||||||
16 | connection with any financing, including financial | ||||||
17 | institutions, issuers of letters of credit, or insurers and | ||||||
18 | enter into reimbursement agreements with this person or | ||||||
19 | entity which may be secured as if money were borrowed from | ||||||
20 | the person or entity. | ||||||
21 | (16) Receive and accept from any source, private or | ||||||
22 | public, contributions, gifts, or grants of money or | ||||||
23 | property to the Authority. | ||||||
24 | (17) Provide for the insurance of any property, | ||||||
25 | operations, officers, members, agents, or employees of the | ||||||
26 | Authority against any risk or hazard, to self-insure or |
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1 | participate in joint self-insurance pools or entities to | ||||||
2 | insure against such risk or hazard, and to provide for the | ||||||
3 | indemnification of its officers, members, employees, | ||||||
4 | contractors, or agents against any and all risks. | ||||||
5 | (18) Exercise all the corporate powers granted | ||||||
6 | Illinois corporations under the Business Corporation Act | ||||||
7 | of 1983, except to the extent that powers are inconsistent | ||||||
8 | with those of a body politic and corporate of the State. | ||||||
9 | (19) Do all things necessary or convenient to carry out | ||||||
10 | the powers granted by this Act.
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11 | Section 35. Contracts with racing contractors. | ||||||
12 | (a) The Board shall develop and administer a competitive | ||||||
13 | sealed bidding process
for the
selection of a potential racing | ||||||
14 | contractor to develop or operate horse racing at the Illinois | ||||||
15 | State Fairgrounds.
The Board shall issue one or more requests | ||||||
16 | for proposals. The Board may
establish minimum financial and | ||||||
17 | investment requirements to determine the
eligibility of | ||||||
18 | persons to respond to the Board's requests for proposal, and | ||||||
19 | may
establish and consider such other criteria as it deems | ||||||
20 | appropriate. The Board
may impose a fee upon persons who | ||||||
21 | respond to requests for proposal, in order to
reimburse the | ||||||
22 | Board for its costs in preparing and issuing the requests and
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23 | reviewing the proposals.
| ||||||
24 | (b) The Board may enter into contracts for the development | ||||||
25 | of horse racing at the Illinois State Fairgrounds.
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1 | (c) Within 5 days after the time limit for submitting bids | ||||||
2 | and proposals has passed, the Board shall make all bids and | ||||||
3 | proposals public. Thereafter, the Board shall evaluate the | ||||||
4 | responses to its requests for proposal and
the ability of all | ||||||
5 | persons or entities responding to its request for proposal
to | ||||||
6 | meet the requirements of this Act and to undertake and perform | ||||||
7 | the
obligations set forth in its requests for proposal.
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8 | (d) After reviewing proposals and subject to approval by | ||||||
9 | the Illinois Racing Board, the Board shall enter into a | ||||||
10 | contract. If the Illinois Racing Board approves the contract, | ||||||
11 | the Board shall transmit a copy of the executed contract to the | ||||||
12 | Illinois Racing Board.
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13 | Section 37. Relationship with Illinois Racing Board. The | ||||||
14 | Authority and its racing contractor are subject to all of the | ||||||
15 | rules of the Illinois Racing Board adopted under the Illinois | ||||||
16 | Horse Racing Act of 1975. | ||||||
17 | Section 40. Transfer of funds. The revenues received by | ||||||
18 | the Authority (other than amounts required to be paid pursuant | ||||||
19 | to the Illinois Horse Racing Act of 1975 and amounts required | ||||||
20 | to pay the
operating expenses of the Authority, to pay amounts | ||||||
21 | due the racing contractor pursuant to a contract, to repay any | ||||||
22 | borrowing of the Authority
made pursuant to Section 30) shall
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23 | be transferred
to the General Revenue Fund.
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1 | Section 45. Jurisdiction over property. The Authority | ||||||
2 | shall have concurrent jurisdiction with the Department of | ||||||
3 | Agriculture over all of the real estate of the Illinois State | ||||||
4 | Fairgrounds that is used for horse racing, including those | ||||||
5 | facilities commonly known as "one-mile track" and adjacent | ||||||
6 | backstretch infrastructure; however, when it is necessary to | ||||||
7 | have controlling jurisdiction over this real property to obey a | ||||||
8 | mandate of the Illinois Racing Board, the Authority shall have | ||||||
9 | controlling jurisdiction. | ||||||
10 | Section 50. Budgets and reporting.
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11 | (a) The Board shall annually adopt a budget for each
fiscal | ||||||
12 | year. The budget may be modified from time to time in the same | ||||||
13 | manner
and upon the same vote as it may be adopted. The budget | ||||||
14 | shall include the
Authority's available funds and estimated | ||||||
15 | revenues and shall provide for
payment of its obligations and | ||||||
16 | estimated expenditures for the fiscal year,
including, without | ||||||
17 | limitation, expenditures for administration, operation,
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18 | maintenance and repairs, debt service, and deposits into | ||||||
19 | reserve and other
funds
and capital projects.
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20 | (b) The Board shall annually cause the finances of the | ||||||
21 | Authority to be
audited by a firm of certified public | ||||||
22 | accountants and post the firm's audits of the Authority on the | ||||||
23 | Authority's Internet website. The Auditor General has the | ||||||
24 | authority and is required to conduct a financial and management | ||||||
25 | audit of the Authority every 2 years. The Auditor General's |
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1 | audits must be posted on his or her Internet website. The | ||||||
2 | Auditor General shall submit a bill to the Authority for costs | ||||||
3 | associated with the audits required under this Section. The | ||||||
4 | Authority shall reimburse in a timely manner.
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5 | (c) The Board shall, for each fiscal year, prepare an | ||||||
6 | annual report
setting forth information concerning its | ||||||
7 | activities in the fiscal year. The annual report shall include | ||||||
8 | the
audited financial statements of the Authority for the | ||||||
9 | fiscal year, the budget
for the succeeding fiscal year, and the | ||||||
10 | current capital plan as of the date of
the report. Copies of | ||||||
11 | the annual report shall be made available to persons who
| ||||||
12 | request them and shall be submitted not later than 120 days | ||||||
13 | after the end of
the Authority's fiscal year to the Governor, | ||||||
14 | the Mayor, the General Assembly, and the Commission on | ||||||
15 | Government Forecasting and Accountability.
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16 | Section 55. Deposit and withdrawal of funds. | ||||||
17 | (a) All funds deposited by the Authority in any bank or | ||||||
18 | savings and loan
association shall be placed in the name of the | ||||||
19 | Authority and shall be withdrawn
or paid out only by check or | ||||||
20 | draft upon the bank or savings and loan
association, signed by | ||||||
21 | 2 officers or employees designated by the Board.
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22 | Notwithstanding any other provision of this Section, the Board | ||||||
23 | may designate
any of its members or any officer or employee of | ||||||
24 | the Authority to authorize the
wire transfer of funds deposited | ||||||
25 | by the secretary-treasurer of funds in a bank
or savings and |
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1 | loan association for the payment of payroll and employee
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2 | benefits-related expenses.
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3 | No bank or savings and loan association shall receive | ||||||
4 | public funds as
permitted by this Section unless it has | ||||||
5 | complied with the requirements
established pursuant to Section | ||||||
6 | 6 of the Public
Funds Investment Act.
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7 | (b) If any officer or employee whose signature appears upon | ||||||
8 | any check
or draft issued pursuant to this Act ceases (after | ||||||
9 | attaching his signature) to
hold his or her office before the | ||||||
10 | delivery of such a check or draft to the
payee, his or her | ||||||
11 | signature shall nevertheless be valid and sufficient for all
| ||||||
12 | purposes with the same effect as if he or she had remained in | ||||||
13 | office until
delivery thereof.
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14 | Section 60. Contracts with the Authority; disclosure | ||||||
15 | requirements. | ||||||
16 | (a) A bidder, offeror, or contractor must disclose the | ||||||
17 | names of all officers and directors. A bidder, offeror, or | ||||||
18 | contractor for contracts with the Authority shall disclose the | ||||||
19 | identity of every owner, beneficiary, or person with beneficial | ||||||
20 | interest of more than 1%, or shareholder entitled to receive | ||||||
21 | more than 1% of the total distributable income of any | ||||||
22 | corporation, having any interest in the contract in the bidder, | ||||||
23 | offeror, or contractor. The disclosure shall be in writing and | ||||||
24 | attested to by an owner, trustee, corporate official, or agent. | ||||||
25 | If stock in a corporation is publicly traded and there is no |
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1 | readily known individual having greater than a 1% interest, | ||||||
2 | then a statement to that affect attested to by an officer or | ||||||
3 | agent of the corporation or shall fulfill the disclosure | ||||||
4 | statement requirement of this Section. A bidder, offeror, or | ||||||
5 | contractor shall notify the Authority of any changes in | ||||||
6 | officers, directors, ownership, or individuals having a | ||||||
7 | beneficial interest of more than 1%. | ||||||
8 | (b) A bidder, offeror, or contractor for contracts with an | ||||||
9 | annual value of $10,000 or for a period to exceed one year | ||||||
10 | shall disclose all political contributions of the bidder, | ||||||
11 | offeror, or contractor and any affiliated person or entity. | ||||||
12 | Disclosure shall include at least the names and addresses of | ||||||
13 | the contributors and the dollar amounts of any contributions to | ||||||
14 | any political committee made within the previous 2 years. | ||||||
15 | (c) As used in this Section: | ||||||
16 | "Contribution" means contribution as defined in Section | ||||||
17 | 9-1.4 the Election Code. | ||||||
18 | "Affiliated person" means (i) any person with any ownership | ||||||
19 | interest or distributive share of the bidding or contracting | ||||||
20 | entity in excess of 1%, (ii) executive employees of the bidding | ||||||
21 | or contracting entity, and (iii) the spouse and minor children | ||||||
22 | of any such persons. | ||||||
23 | "Affiliated entity" means (i) any parent or subsidiary of | ||||||
24 | the bidding or contracting entity, (ii) any member of the same | ||||||
25 | unitary business group, or (iii) any political committee for | ||||||
26 | which the bidding or contracting entity is the sponsoring |
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1 | entity. | ||||||
2 | (d) The Illinois Racing Board may direct the Authority to | ||||||
3 | void a contract if a violation of this Section occurs. | ||||||
4 | Section 65. Purchasing. | ||||||
5 | (a) All construction contracts and contracts for supplies, | ||||||
6 | materials,
equipment, and services,
when the cost thereof to | ||||||
7 | the Authority exceeds $25,000, shall be let to
the lowest | ||||||
8 | responsible bidder, after advertising for bids, except for the
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9 | following:
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10 | (1) When repair parts, accessories, equipment, or | ||||||
11 | services are required
for
equipment or services previously | ||||||
12 | furnished or contracted for;
| ||||||
13 | (2) Professional services;
| ||||||
14 | (3) When services such as water, light, heat, power, | ||||||
15 | telephone (other than
long-distance service), or telegraph | ||||||
16 | are required;
| ||||||
17 | (4) When contracts for the use, purchase, delivery, | ||||||
18 | movement, or
installation of data processing equipment, | ||||||
19 | software, or services and
telecommunications equipment,
| ||||||
20 | software, and services are required;
| ||||||
21 | (5) Contracts with a racing contractor, which shall be | ||||||
22 | awarded as
set forth in Section 35 of this Act.
| ||||||
23 | (b) All contracts involving less than $25,000 shall be let | ||||||
24 | by competitive
bidding whenever possible, and in any event in a | ||||||
25 | manner calculated to ensure
the best interests of the public.
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1 | (c) In determining the responsibility of any bidder, the | ||||||
2 | Authority may take
into account the bidder's (or an individual | ||||||
3 | having a beneficial interest,
directly or indirectly, of more | ||||||
4 | than 1% in such bidding entity) past record of
dealings with | ||||||
5 | the Authority, the bidder's experience, adequacy of equipment,
| ||||||
6 | and ability to complete performance within the time set, and | ||||||
7 | other factors
besides financial responsibility. No such | ||||||
8 | contract shall be awarded to any bidder other than the lowest | ||||||
9 | bidder (in case of purchase or
expenditure) unless authorized | ||||||
10 | or approved by a vote of at least 4 members of
the Board and | ||||||
11 | such action is accompanied by a written statement setting forth | ||||||
12 | the reasons for not awarding the contract to the highest or
| ||||||
13 | lowest bidder, as the case
may be. The statement shall be kept | ||||||
14 | on file in the principal office of the
Authority and open to | ||||||
15 | public inspection.
| ||||||
16 | (d) The Authority shall have the right to reject all bids | ||||||
17 | and to
re-advertise for bids. If after
any such | ||||||
18 | re-advertisement, no responsible and satisfactory bid, within | ||||||
19 | the
terms of the re-advertisement, is received, the Authority | ||||||
20 | may award such
contract without competitive bidding, provided | ||||||
21 | that the Illinois Racing Board must approve the contract prior | ||||||
22 | to its execution. The contract must not be less
advantageous to | ||||||
23 | the Authority than any valid bid received pursuant to
| ||||||
24 | advertisement.
| ||||||
25 | (e) Advertisements for bids and re-bids shall be published | ||||||
26 | at least once in
a daily newspaper of general circulation |
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| |||||||
1 | published in the City of Springfield
at least 10 calendar days | ||||||
2 | before the time for
receiving bids, and such advertisements | ||||||
3 | shall also be posted on readily
accessible bulletin boards in | ||||||
4 | the principal office of the Authority. Such
advertisements | ||||||
5 | shall state the time and
place for receiving and opening of | ||||||
6 | bids and, by reference to plans and
specifications on file at | ||||||
7 | the time of the first publication or in the
advertisement | ||||||
8 | itself, shall describe the character of the proposed contract | ||||||
9 | in
sufficient detail to fully advise prospective bidders of | ||||||
10 | their obligations and
to ensure free and open competitive | ||||||
11 | bidding.
| ||||||
12 | (f) All bids in response to advertisements shall be sealed | ||||||
13 | and shall be
publicly opened by the Authority. All bidders | ||||||
14 | shall be entitled to be present
in person or by | ||||||
15 | representatives. Cash or a certified or satisfactory cashier's
| ||||||
16 | check, as a deposit of good faith, in a reasonable amount to be | ||||||
17 | fixed by the
Authority before advertising for bids, shall be | ||||||
18 | required with the proposal of
each bidder. A bond for faithful | ||||||
19 | performance of the contract with surety or
sureties | ||||||
20 | satisfactory to the
Authority and adequate insurance may be | ||||||
21 | required in reasonable amounts to be
fixed by the Authority | ||||||
22 | before advertising for bids.
| ||||||
23 | (g) The contract shall be awarded as promptly as possible | ||||||
24 | after the opening
of bids. The bid of the successful bidder, as | ||||||
25 | well as the bids of the
unsuccessful bidders, shall be placed | ||||||
26 | on file and be open to public inspection.
All bids shall be |
| |||||||
| |||||||
1 | void if any disclosure of the terms of any bid in response
to | ||||||
2 | an advertisement is made or permitted to be made by the | ||||||
3 | Authority before the
time fixed for opening bids.
| ||||||
4 | (h) Notice of each and every contract that is
offered, | ||||||
5 | including renegotiated contracts and change orders,
shall be | ||||||
6 | published in an online bulletin. The online bulletin must | ||||||
7 | include at least the date first offered,
the date submission of | ||||||
8 | offers is due, the location that offers are to be
submitted to, | ||||||
9 | a brief purchase description, the method of source selection,
| ||||||
10 | information of how to obtain a comprehensive purchase | ||||||
11 | description and any
disclosure and contract forms, and | ||||||
12 | encouragement to prospective vendors to hire qualified | ||||||
13 | veterans, as defined by Section 45-67 of the Illinois | ||||||
14 | Procurement Code, and Illinois residents discharged from any | ||||||
15 | Illinois adult correctional center. Notice of each and every | ||||||
16 | contract that is let
or awarded, including renegotiated | ||||||
17 | contracts and change orders, shall be
published in the online | ||||||
18 | bulletin and
must include at least all of the
information | ||||||
19 | specified in this item (j), as well as the name of the | ||||||
20 | successful
responsible bidder or offeror, the contract price, | ||||||
21 | and the number of unsuccessful
responsive bidders and any other | ||||||
22 | disclosure specified in this Section. This notice must be | ||||||
23 | posted in the online electronic bulletin prior to execution of | ||||||
24 | the contract.
| ||||||
25 | Section 900. The State Fair Act is amended by changing |
| |||||||
| |||||||
1 | Sections 10 and 12 as follows:
| ||||||
2 | (20 ILCS 210/10) (from Ch. 127, par. 1710)
| ||||||
3 | Sec. 10. The Department may enter into contracts with other | ||||||
4 | government
agencies to assist them in the operation of each | ||||||
5 | State Fair and the State
Fairgrounds as well as the | ||||||
6 | requirements set forth in Section 9 of this Act.
| ||||||
7 | The Department may cooperate with any other local, State or | ||||||
8 | federal agency
in the furtherance of the intent of this Act.
| ||||||
9 | The Department may receive and use any donation either from | ||||||
10 | the private
or public sectors which is for betterment of each | ||||||
11 | State Fair
and the State Fairgrounds.
| ||||||
12 | All revenues from the operation and use of any facilities | ||||||
13 | of the Illinois
State Fair at Springfield and the Springfield | ||||||
14 | State
Fairgrounds , other than revenues from horse racing | ||||||
15 | conducted at the Springfield State Fairgrounds by the Illinois | ||||||
16 | State Fairgrounds Racetrack Authority, shall be deposited in | ||||||
17 | the Illinois State Fair Fund. All revenues
from the operation | ||||||
18 | and use of any facilities of the DuQuoin State Fair and the
| ||||||
19 | DuQuoin State Fairgrounds shall be deposited into the | ||||||
20 | Agricultural Premium
Fund. All funds in the Illinois State Fair | ||||||
21 | Fund shall be used by the
Department of Agriculture in | ||||||
22 | accordance with appropriation by the General
Assembly for | ||||||
23 | operation of the Illinois State Fair.
| ||||||
24 | (Source: P.A. 88-5.)
|
| |||||||
| |||||||
1 | (20 ILCS 210/12) (from Ch. 127, par. 1712)
| ||||||
2 | Sec. 12. The Department shall have the power to promulgate | ||||||
3 | rules and
regulations, pursuant to the Illinois Administrative | ||||||
4 | Procedure Act, governing the holding of each State Fair, the | ||||||
5 | operation of the
State Fairgrounds, the conditions under which | ||||||
6 | racing shall be permitted on
the State Fairgrounds, the policy | ||||||
7 | for policing the grounds , and such other
reasonable rules and | ||||||
8 | regulations as are necessary to carry out the intent of the | ||||||
9 | Act. However, the Department shall not be required to | ||||||
10 | promulgate rules and regulations pursuant to the Illinois | ||||||
11 | Administrative Procedure Act concerning those operations | ||||||
12 | stated in subsections (b) and (c) of Section 6 of this Act. | ||||||
13 | Instead, the requirements set forth in subsections (b) and (c) | ||||||
14 | of Section 6 must be followed.
| ||||||
15 | (Source: P.A. 93-1055, eff. 11-23-04.)
| ||||||
16 | Section 905. The Illinois Horse Racing Act of 1975 is | ||||||
17 | amended by changing Section 9 as follows:
| ||||||
18 | (230 ILCS 5/9) (from Ch. 8, par. 37-9)
| ||||||
19 | Sec. 9. The Board shall have all powers necessary and | ||||||
20 | proper to fully and
effectively execute the provisions of this | ||||||
21 | Act, including, but not
limited to, the following:
| ||||||
22 | (a) The Board is vested with jurisdiction and supervision | ||||||
23 | over all race
meetings in this State, over all licensees doing | ||||||
24 | business
in this
State, over all occupation licensees, and over |
| |||||||
| |||||||
1 | all persons on the
facilities of any licensee. Such | ||||||
2 | jurisdiction shall
include the power to issue licenses to the | ||||||
3 | Illinois Department of
Agriculture authorizing the pari-mutuel | ||||||
4 | system of wagering
on harness and Quarter Horse races held (1) | ||||||
5 | at the Illinois State Fair in
Sangamon County, and (2) at the | ||||||
6 | DuQuoin State Fair in Perry County. The
jurisdiction of the | ||||||
7 | Board shall also include the power to issue licenses to
county | ||||||
8 | fairs which are eligible to receive funds pursuant to the
| ||||||
9 | Agricultural Fair Act, as now or hereafter amended, or their | ||||||
10 | agents,
authorizing the pari-mutuel system of wagering on horse
| ||||||
11 | races
conducted at the county fairs receiving such licenses. | ||||||
12 | Such licenses shall be
governed by subsection (n) of this | ||||||
13 | Section.
| ||||||
14 | Upon application, the Board shall issue a license to the | ||||||
15 | Illinois Department
of Agriculture to conduct harness and | ||||||
16 | Quarter Horse races at the Illinois State
Fair and at the | ||||||
17 | DuQuoin State Fairgrounds
during the scheduled dates of each | ||||||
18 | fair. The Board shall not require and the
Department of | ||||||
19 | Agriculture shall be exempt from the requirements of Sections
| ||||||
20 | 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), | ||||||
21 | (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 | ||||||
22 | and 25. The Board and the Department
of
Agriculture may extend | ||||||
23 | any or all of these exemptions to any contractor or
agent | ||||||
24 | engaged by the Department of Agriculture to conduct its race | ||||||
25 | meetings
when the Board determines that this would best serve | ||||||
26 | the public interest and
the interest of horse racing.
|
| |||||||
| |||||||
1 | Upon application, the Board shall issue a license to the | ||||||
2 | Illinois State Fairgrounds Racetrack Authority authorizing the | ||||||
3 | pari-mutuel system of wagering on live harness and Quarter | ||||||
4 | Horse races, inter-track wagering, simulcast wagering, and | ||||||
5 | advanced deposit wagering (if otherwise authorized by law) | ||||||
6 | through a racing contractor, as that term is defined in the | ||||||
7 | Illinois State Fairgrounds Racetrack Authority Act, for up 9 | ||||||
8 | months of each year at the Illinois State Fairgrounds in | ||||||
9 | Sangamon County. Revenues received by the Board from this | ||||||
10 | license shall be deposited into the General Revenue Fund. | ||||||
11 | Notwithstanding any provision of law to the contrary, it | ||||||
12 | shall be lawful for
any licensee to operate pari-mutuel | ||||||
13 | wagering
or
contract with the Department of Agriculture to | ||||||
14 | operate pari-mutuel wagering at
the DuQuoin State Fairgrounds | ||||||
15 | or for the Department to enter into contracts
with a licensee, | ||||||
16 | employ its owners,
employees
or
agents and employ such other | ||||||
17 | occupation licensees as the Department deems
necessary in | ||||||
18 | connection with race meetings and wagerings.
| ||||||
19 | (b) The Board is vested with the full power to promulgate | ||||||
20 | reasonable
rules and regulations for the purpose of | ||||||
21 | administering the provisions of
this Act and to prescribe | ||||||
22 | reasonable rules, regulations and conditions
under which all | ||||||
23 | horse race meetings or wagering in the State shall be
| ||||||
24 | conducted. Such reasonable rules and regulations are to provide | ||||||
25 | for the
prevention of practices detrimental to the public | ||||||
26 | interest and to promote the best
interests of horse racing and |
| |||||||
| |||||||
1 | to impose penalties for violations thereof.
| ||||||
2 | (c) The Board, and any person or persons to whom it | ||||||
3 | delegates
this power, is vested with the power to enter the | ||||||
4 | facilities and other places of business of any licensee to | ||||||
5 | determine whether there has been compliance with
the provisions | ||||||
6 | of this Act and its rules and regulations.
| ||||||
7 | (d) The Board, and any person or persons to whom it | ||||||
8 | delegates this
power, is vested with the authority to | ||||||
9 | investigate alleged violations of
the provisions of this Act, | ||||||
10 | its reasonable rules and regulations, orders
and final | ||||||
11 | decisions; the Board shall take appropriate disciplinary | ||||||
12 | action
against any licensee or occupation licensee for | ||||||
13 | violation
thereof or
institute appropriate legal action for the | ||||||
14 | enforcement thereof.
| ||||||
15 | (e) The Board, and any person or persons to whom it | ||||||
16 | delegates this power,
may eject or exclude from any race | ||||||
17 | meeting or
the facilities of any licensee, or any part
thereof, | ||||||
18 | any occupation licensee or any
other individual whose conduct | ||||||
19 | or reputation is such that his presence on
those facilities | ||||||
20 | may, in the opinion of the Board, call into question
the | ||||||
21 | honesty and integrity of horse racing or wagering or interfere | ||||||
22 | with the
orderly
conduct of horse racing or wagering; provided, | ||||||
23 | however, that no person
shall be
excluded or ejected from the | ||||||
24 | facilities of any licensee solely on the grounds of
race, | ||||||
25 | color, creed, national origin, ancestry, or sex. The power to | ||||||
26 | eject
or exclude an occupation licensee or other individual may
|
| |||||||
| |||||||
1 | be exercised for just cause by the licensee or the Board, | ||||||
2 | subject to subsequent hearing by the
Board as to the propriety | ||||||
3 | of said exclusion.
| ||||||
4 | (f) The Board is vested with the power to acquire,
| ||||||
5 | establish, maintain and operate (or provide by contract to
| ||||||
6 | maintain and operate) testing laboratories and related | ||||||
7 | facilities,
for the purpose of conducting saliva, blood, urine | ||||||
8 | and other tests on the
horses run or to be run in any horse race | ||||||
9 | meeting and to purchase all
equipment and supplies deemed | ||||||
10 | necessary or desirable in connection with
any such testing | ||||||
11 | laboratories and related facilities and all such tests.
| ||||||
12 | (g) The Board may require that the records, including | ||||||
13 | financial or other
statements of any licensee or any person | ||||||
14 | affiliated with the licensee who is
involved directly or | ||||||
15 | indirectly in the activities of any licensee as regulated
under | ||||||
16 | this Act to the extent that those financial or other statements | ||||||
17 | relate to
such activities be kept in
such manner as prescribed | ||||||
18 | by the Board, and that Board employees shall have
access to | ||||||
19 | those records during reasonable business
hours. Within 120 days | ||||||
20 | of the end of its fiscal year, each licensee shall
transmit to
| ||||||
21 | the Board
an audit of the financial transactions and condition | ||||||
22 | of the licensee's total
operations. All audits shall be | ||||||
23 | conducted by certified public accountants.
Each certified | ||||||
24 | public accountant must be registered in the State of Illinois
| ||||||
25 | under the Illinois Public Accounting Act. The compensation for | ||||||
26 | each certified
public accountant shall be paid directly by the |
| |||||||
| |||||||
1 | licensee to the certified
public accountant. A licensee shall | ||||||
2 | also submit any other financial or related
information the | ||||||
3 | Board deems necessary to effectively administer this Act and
| ||||||
4 | all rules, regulations, and final decisions promulgated under | ||||||
5 | this Act.
| ||||||
6 | (h) The Board shall name and appoint in the manner provided | ||||||
7 | by the rules
and regulations of the Board: an Executive | ||||||
8 | Director; a State director
of mutuels; State veterinarians and | ||||||
9 | representatives to take saliva, blood,
urine and other tests on | ||||||
10 | horses; licensing personnel; revenue
inspectors; and State | ||||||
11 | seasonal employees (excluding admission ticket
sellers and | ||||||
12 | mutuel clerks). All of those named and appointed as provided
in | ||||||
13 | this subsection shall serve during the pleasure of the Board; | ||||||
14 | their
compensation shall be determined by the Board and be paid | ||||||
15 | in the same
manner as other employees of the Board under this | ||||||
16 | Act.
| ||||||
17 | (i) The Board shall require that there shall be 3 stewards | ||||||
18 | at each horse
race meeting, at least 2 of whom shall be named | ||||||
19 | and appointed by the Board.
Stewards appointed or approved by | ||||||
20 | the Board, while performing duties
required by this Act or by | ||||||
21 | the Board, shall be entitled to the same rights
and immunities | ||||||
22 | as granted to Board members and Board employees in Section
10 | ||||||
23 | of this Act.
| ||||||
24 | (j) The Board may discharge any Board employee
who fails or | ||||||
25 | refuses for any reason to comply with the rules and
regulations | ||||||
26 | of the Board, or who, in the opinion of the Board,
is guilty of |
| |||||||
| |||||||
1 | fraud, dishonesty or who is proven to be incompetent.
The Board | ||||||
2 | shall have no right or power to determine who shall be | ||||||
3 | officers,
directors or employees of any licensee, or their | ||||||
4 | salaries
except the Board may, by rule, require that all or any | ||||||
5 | officials or
employees in charge of or whose duties relate to | ||||||
6 | the actual running of
races be approved by the Board.
| ||||||
7 | (k) The Board is vested with the power to appoint
delegates | ||||||
8 | to execute any of the powers granted to it under this Section
| ||||||
9 | for the purpose of administering this Act and any rules or | ||||||
10 | regulations
promulgated in accordance with this Act.
| ||||||
11 | (l) The Board is vested with the power to impose civil | ||||||
12 | penalties of up to
$5,000 against an individual and up to | ||||||
13 | $10,000 against a
licensee for each
violation of any provision | ||||||
14 | of this Act, any rules adopted by the Board, any
order of the | ||||||
15 | Board or any other action which, in the Board's discretion, is
| ||||||
16 | a detriment or impediment to horse racing or wagering.
| ||||||
17 | (m) The Board is vested with the power to prescribe a form | ||||||
18 | to be used
by licensees as an application for employment for | ||||||
19 | employees of
each licensee.
| ||||||
20 | (n) The Board shall have the power to issue a license
to | ||||||
21 | any county fair, or its
agent, authorizing the conduct of the | ||||||
22 | pari-mutuel system of
wagering. The Board is vested with the | ||||||
23 | full power to promulgate
reasonable rules, regulations and | ||||||
24 | conditions under which all horse race
meetings licensed | ||||||
25 | pursuant to this subsection shall be held and conducted,
| ||||||
26 | including rules, regulations and conditions for the conduct of |
| |||||||
| |||||||
1 | the
pari-mutuel system of wagering. The rules, regulations and
| ||||||
2 | conditions shall provide for the prevention of practices | ||||||
3 | detrimental to the
public interest and for the best interests | ||||||
4 | of horse racing, and shall
prescribe penalties for violations | ||||||
5 | thereof. Any authority granted the
Board under this Act shall | ||||||
6 | extend to its jurisdiction and supervision over
county fairs, | ||||||
7 | or their agents, licensed pursuant to this subsection.
However, | ||||||
8 | the Board may waive any provision of this Act or its rules or
| ||||||
9 | regulations which would otherwise apply to such county fairs or | ||||||
10 | their agents.
| ||||||
11 | (o) Whenever the Board is authorized or
required by law to | ||||||
12 | consider some aspect of criminal history record
information for | ||||||
13 | the purpose of carrying out its statutory powers and
| ||||||
14 | responsibilities, then, upon request and payment of fees in | ||||||
15 | conformance
with the requirements of Section 2605-400 of
the | ||||||
16 | Department of State Police Law (20 ILCS 2605/2605-400), the | ||||||
17 | Department of State Police is
authorized to furnish, pursuant | ||||||
18 | to positive identification, such
information contained in | ||||||
19 | State files as is necessary to fulfill the request.
| ||||||
20 | (p) To insure the convenience, comfort, and wagering | ||||||
21 | accessibility of
race track patrons, to provide for the | ||||||
22 | maximization of State revenue, and
to generate increases in | ||||||
23 | purse allotments to the horsemen, the Board shall
require any | ||||||
24 | licensee to staff the pari-mutuel department with
adequate | ||||||
25 | personnel.
| ||||||
26 | (Source: P.A. 91-239, eff. 1-1-00.)
|
| |||||||
| |||||||
1 | Section 910. The Riverboat Gambling Act is amended by | ||||||
2 | changing Section 13 as follows:
| ||||||
3 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
4 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
5 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
6 | gross
receipts received from gambling games authorized under | ||||||
7 | this Act at the rate of
20%.
| ||||||
8 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
9 | tax is
imposed on persons engaged in the business of conducting | ||||||
10 | riverboat gambling
operations, based on the adjusted gross | ||||||
11 | receipts received by a licensed owner
from gambling games | ||||||
12 | authorized under this Act at the following rates:
| ||||||
13 | 15% of annual adjusted gross receipts up to and | ||||||
14 | including $25,000,000;
| ||||||
15 | 20% of annual adjusted gross receipts in excess of | ||||||
16 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
17 | 25% of annual adjusted gross receipts in excess of | ||||||
18 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
19 | 30% of annual adjusted gross receipts in excess of | ||||||
20 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
21 | 35% of annual adjusted gross receipts in excess of | ||||||
22 | $100,000,000.
| ||||||
23 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
24 | is imposed on
persons engaged in the business of conducting |
| |||||||
| |||||||
1 | riverboat gambling operations,
other than licensed managers | ||||||
2 | conducting riverboat gambling operations on behalf
of the | ||||||
3 | State, based on the adjusted gross receipts received by a | ||||||
4 | licensed
owner from gambling games authorized under this Act at | ||||||
5 | the following rates:
| ||||||
6 | 15% of annual adjusted gross receipts up to and | ||||||
7 | including $25,000,000;
| ||||||
8 | 22.5% of annual adjusted gross receipts in excess of | ||||||
9 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
10 | 27.5% of annual adjusted gross receipts in excess of | ||||||
11 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
12 | 32.5% of annual adjusted gross receipts in excess of | ||||||
13 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
14 | 37.5% of annual adjusted gross receipts in excess of | ||||||
15 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
16 | 45% of annual adjusted gross receipts in excess of | ||||||
17 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
18 | 50% of annual adjusted gross receipts in excess of | ||||||
19 | $200,000,000.
| ||||||
20 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
21 | persons engaged
in the business of conducting riverboat | ||||||
22 | gambling operations, other than
licensed managers conducting | ||||||
23 | riverboat gambling operations on behalf of the
State, based on | ||||||
24 | the adjusted gross receipts received by a licensed owner from
| ||||||
25 | gambling games authorized under this Act at the following | ||||||
26 | rates:
|
| |||||||
| |||||||
1 | 15% of annual adjusted gross receipts up to and | ||||||
2 | including $25,000,000;
| ||||||
3 | 27.5% of annual adjusted gross receipts in excess of | ||||||
4 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
5 | 32.5% of annual adjusted gross receipts in excess of | ||||||
6 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
7 | 37.5% of annual adjusted gross receipts in excess of | ||||||
8 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
9 | 45% of annual adjusted gross receipts in excess of | ||||||
10 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
11 | 50% of annual adjusted gross receipts in excess of | ||||||
12 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
13 | 70% of annual adjusted gross receipts in excess of | ||||||
14 | $250,000,000.
| ||||||
15 | An amount equal to the amount of wagering taxes collected | ||||||
16 | under this
subsection (a-3) that are in addition to the amount | ||||||
17 | of wagering taxes that
would have been collected if the | ||||||
18 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
19 | be paid into the Common School Fund.
| ||||||
20 | The privilege tax imposed under this subsection (a-3) shall | ||||||
21 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
22 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
23 | gambling operations are conducted
pursuant to a dormant | ||||||
24 | license; or (iii) the first day that riverboat gambling
| ||||||
25 | operations are conducted under the authority of an owners | ||||||
26 | license that is in
addition to the 10 owners licenses initially |
| |||||||
| |||||||
1 | authorized under this Act.
For the purposes of this subsection | ||||||
2 | (a-3), the term "dormant license"
means an owners license that | ||||||
3 | is authorized by this Act under which no
riverboat gambling | ||||||
4 | operations are being conducted on June 20, 2003.
| ||||||
5 | (a-4) Beginning on the first day on which the tax imposed | ||||||
6 | under
subsection (a-3) is no longer imposed, a privilege tax is | ||||||
7 | 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.
|
| |||||||
| |||||||
1 | (a-8) Riverboat gambling operations conducted by a | ||||||
2 | licensed manager on
behalf of the State are not subject to the | ||||||
3 | tax imposed under this Section.
| ||||||
4 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
5 | the licensed
owner to the Board not later than 3:00 o'clock | ||||||
6 | p.m. of the day after the day
when the wagers were made.
| ||||||
7 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
8 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
9 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
10 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
11 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
12 | the payment of all amounts otherwise due under this Section, | ||||||
13 | pay to the Board a reconciliation payment in the amount, if | ||||||
14 | any, by which the licensed owner's base amount exceeds the | ||||||
15 | amount of net privilege tax paid by the licensed owner to the | ||||||
16 | Board in the then current State fiscal year. A licensed owner's | ||||||
17 | net privilege tax obligation due for the balance of the State | ||||||
18 | fiscal year shall be reduced up to the total of the amount paid | ||||||
19 | by the licensed owner in its June 15 reconciliation payment. | ||||||
20 | The obligation imposed by this subsection (a-15) is binding on | ||||||
21 | any person, firm, corporation, or other entity that acquires an | ||||||
22 | ownership interest in any such owners license. The obligation | ||||||
23 | imposed under this subsection (a-15) terminates on the earliest | ||||||
24 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
25 | date of this amendatory Act of the 94th General Assembly that | ||||||
26 | riverboat gambling operations are conducted pursuant to a |
| |||||||
| |||||||
1 | dormant license, (iii) the first day that riverboat gambling | ||||||
2 | operations are conducted under the authority of an owners | ||||||
3 | license that is in addition to the 10 owners licenses initially | ||||||
4 | authorized under this Act, or (iv) the first day that a | ||||||
5 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
6 | gaming operations with slot machines or other electronic gaming | ||||||
7 | devices. The Board must reduce the obligation imposed under | ||||||
8 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
9 | for any of the following reasons: (A) an act or acts of God, | ||||||
10 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
11 | terrorism threat that was investigated by a law enforcement | ||||||
12 | agency, or (C) a condition beyond the control of the owners | ||||||
13 | licensee that does not result from any act or omission by the | ||||||
14 | owners licensee or any of its agents and that poses a hazardous | ||||||
15 | threat to the health and safety of patrons. If an owners | ||||||
16 | licensee pays an amount in excess of its liability under this | ||||||
17 | Section, the Board shall apply the overpayment to future | ||||||
18 | payments required under this Section. | ||||||
19 | For purposes of this subsection (a-15): | ||||||
20 | "Act of God" means an incident caused by the operation of | ||||||
21 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
22 | avoided by the exercise of due care, and for which no person | ||||||
23 | can be held liable.
| ||||||
24 | "Base amount" means the following: | ||||||
25 | For a riverboat in Alton, $31,000,000.
| ||||||
26 | For a riverboat in East Peoria, $43,000,000.
|
| |||||||
| |||||||
1 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
2 | For a riverboat in Metropolis, $45,000,000.
| ||||||
3 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
4 | For a riverboat in Aurora, $86,000,000.
| ||||||
5 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
6 | For a riverboat in Elgin, $198,000,000.
| ||||||
7 | "Dormant license" has the meaning ascribed to it in | ||||||
8 | subsection (a-3).
| ||||||
9 | "Net privilege tax" means all privilege taxes paid by a | ||||||
10 | licensed owner to the Board under this Section, less all | ||||||
11 | payments made from the State Gaming Fund pursuant to subsection | ||||||
12 | (b) of this Section. | ||||||
13 | The changes made to this subsection (a-15) by Public Act | ||||||
14 | 94-839 are intended to restate and clarify the intent of Public | ||||||
15 | Act 94-673 with respect to the amount of the payments required | ||||||
16 | to be made under this subsection by an owners licensee to the | ||||||
17 | Board.
| ||||||
18 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
19 | in the State
Gaming Fund under this Section shall be paid, | ||||||
20 | subject to appropriation by the
General Assembly, to the unit | ||||||
21 | of local government which is designated as the
home dock of the | ||||||
22 | riverboat. Beginning January 1, 1998, from the tax revenue
| ||||||
23 | deposited in the State Gaming Fund under this Section, an | ||||||
24 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
25 | riverboat shall be paid monthly, subject
to appropriation by | ||||||
26 | the General Assembly, to the unit of local government that
is |
| |||||||
| |||||||
1 | designated as the home dock of the riverboat. From the tax | ||||||
2 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
3 | riverboat gambling operations
conducted by a licensed manager | ||||||
4 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
5 | receipts generated pursuant to those riverboat gambling
| ||||||
6 | operations shall be paid monthly,
subject to appropriation by | ||||||
7 | the General Assembly, to the unit of local
government that is | ||||||
8 | designated as the home dock of the riverboat upon which
those | ||||||
9 | riverboat gambling operations are conducted.
| ||||||
10 | (b-5) If electronic gaming is authorized under the Illinois | ||||||
11 | Horse Racing Act of 1975 and this Act, then an amount equal to | ||||||
12 | 5% of the adjusted gross receipts of an electronic gaming | ||||||
13 | facility shall be paid monthly,
subject to appropriation by the | ||||||
14 | General Assembly, to the unit of local
government in which the | ||||||
15 | electronic gaming facility is located, except that, for an | ||||||
16 | electronic gaming facility located at the Illinois State | ||||||
17 | Fairgrounds in Sangamon County, the 5% of adjusted gross | ||||||
18 | receipts shall be paid to the Sangamon County Central Dispatch | ||||||
19 | System to offset operating expenses, with any surplus divided | ||||||
20 | equally between Sangamon County and the City of Springfield. | ||||||
21 | (b-10) If electronic gaming is authorized under the | ||||||
22 | Illinois Horse Racing Act of 1975 and this Act at the Illinois | ||||||
23 | State Fairgrounds in Sangamon County, then an amount equal to | ||||||
24 | 10% of the adjusted gross receipts of such electronic gaming | ||||||
25 | shall be paid monthly, subject to appropriation by the General | ||||||
26 | Assembly, to the Department of Agriculture for infrastructure |
| |||||||
| |||||||
1 | maintenance and improvements at the Illinois State | ||||||
2 | Fairgrounds. | ||||||
3 | (c) Appropriations, as approved by the General Assembly, | ||||||
4 | may be made
from the State Gaming Fund to the Department of | ||||||
5 | Revenue and the Department
of State Police for the | ||||||
6 | administration and enforcement of this Act, or to the
| ||||||
7 | Department of Human Services for the administration of programs | ||||||
8 | to treat
problem gambling.
| ||||||
9 | (c-5) Before May 26, 2006 (the effective date of Public Act | ||||||
10 | 94-804) and beginning 2 years after May 26, 2006 (the effective | ||||||
11 | date of Public Act 94-804), after the payments required under | ||||||
12 | subsections (b) and (c) have been
made, an amount equal to 15% | ||||||
13 | of the adjusted gross receipts of (1) an owners
licensee that | ||||||
14 | relocates pursuant to Section 11.2,
(2) an owners licensee
| ||||||
15 | conducting riverboat gambling operations
pursuant to an
owners | ||||||
16 | license that is initially issued after June
25, 1999,
or (3) | ||||||
17 | the first
riverboat gambling operations conducted by a licensed | ||||||
18 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
19 | comes first, shall be paid from the State
Gaming Fund into the | ||||||
20 | Horse Racing Equity Fund.
| ||||||
21 | (c-10) Each year the General Assembly shall appropriate | ||||||
22 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
23 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
24 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
25 | (c-15) After the payments required under subsections (b), | ||||||
26 | (c), and (c-5)
have been made, an amount equal to 2% of the |
| |||||||
| |||||||
1 | adjusted gross receipts of (1)
an owners licensee that | ||||||
2 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
3 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
4 | license that is initially issued after June 25, 1999,
or (3) | ||||||
5 | the first
riverboat gambling operations conducted by a licensed | ||||||
6 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
7 | comes first, shall be paid, subject to appropriation
from the | ||||||
8 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
9 | county with a population of over 3,000,000 inhabitants for the | ||||||
10 | purpose of
enhancing the county's criminal justice system.
| ||||||
11 | (c-20) Each year the General Assembly shall appropriate | ||||||
12 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
13 | an amount equal to the amount
paid to each home rule county | ||||||
14 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
15 | subsection (c-15) in the prior calendar year.
| ||||||
16 | (c-25) After the payments required under subsections (b), | ||||||
17 | (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | ||||||
18 | the
adjusted gross receipts of (1) an owners licensee
that
| ||||||
19 | relocates pursuant to Section 11.2, (2) an
owners
licensee | ||||||
20 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
21 | license
that is initially issued after June 25, 1999,
or (3) | ||||||
22 | the first
riverboat gambling operations conducted by a licensed | ||||||
23 | manager on behalf of the
State under Section 7.3,
whichever
| ||||||
24 | comes first,
shall be paid from the State
Gaming Fund to | ||||||
25 | Chicago State University.
| ||||||
26 | (d) From time to time, the
Board shall transfer the |
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| |||||||||||||||||||||||||||||||||||||||||||||||||||
1 | remainder of the funds
generated by this Act into the Education
| ||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||||||||||||||||||||||||||||||||||||||||||||||
3 | Illinois.
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4 | (e) Nothing in this Act shall prohibit the unit of local | ||||||||||||||||||||||||||||||||||||||||||||||||||
5 | government
designated as the home dock of the riverboat from | ||||||||||||||||||||||||||||||||||||||||||||||||||
6 | entering into agreements
with other units of local government | ||||||||||||||||||||||||||||||||||||||||||||||||||
7 | in this State or in other states to
share its portion of the | ||||||||||||||||||||||||||||||||||||||||||||||||||
8 | tax revenue.
| ||||||||||||||||||||||||||||||||||||||||||||||||||
9 | (f) To the extent practicable, the Board shall administer | ||||||||||||||||||||||||||||||||||||||||||||||||||
10 | and collect the
wagering taxes imposed by this Section in a | ||||||||||||||||||||||||||||||||||||||||||||||||||
11 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||||||||||||||||||||||||||||||||||||||||||||||
12 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||||||||||||||||||||||||||||||||||||||||||||||
14 | Penalty and Interest Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||
15 | (Source: P.A. 94-673, eff. 8-23-05; 94-804, eff. 5-26-06; | ||||||||||||||||||||||||||||||||||||||||||||||||||
16 | 94-839, eff. 6-6-06; 95-331, eff. 8-21-07.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||
17 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||
18 | becoming law.
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