95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0060

 

Introduced 1/31/2007, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Department of Revenue Law of the Civil Administrative Code of Illinois and the Riverboat Gambling Act. Separates the Illinois Gaming Board from the Department of Revenue for the purposes of enforcing and administering the Riverboat Gambling Act. Makes conforming changes. Prohibits members of the Board from holding any other public office (rather than any other public office for which he or she shall receive compensation). Prohibits members of the Board from engaging in any political activity. Provides for an annual salary for Board members. Makes changes regarding disclosure of equity interests of the Board members and their spouses and children. In provisions concerning the powers and duties of the Board, removes language allowing the Director of Revenue to delegate responsibility for the administration and enforcement of certain Acts concerning gaming to the Board and adds language concerning appointing investigators and contracting with the Departments of State Police and Revenue for the use of investigators. Makes changes concerning appropriations from the State Gaming Fund. Makes other changes. Amends the Executive Reorganization Implementation Act. Excludes the Illinois Gaming Board from the definition of "agency directly responsible to the Governor". Amends the Illinois Pension Code. In the State Employees Article, adds investigators for the Illinois Gaming Board to provisions concerning the alternative formula. Exempts the changes from provisions concerning new benefit increases. In the Judges Article, allows a participant who, on January 1, 2007, is serving on the Illinois Gaming Board to continue to receive benefits despite that service. Exempts the changes from provisions concerning new benefit increases. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning gaming.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Executive Reorganization Implementation Act
5 is amended by changing Section 3.1 as follows:
 
6     (15 ILCS 15/3.1)  (from Ch. 127, par. 1803.1)
7     Sec. 3.1. "Agency directly responsible to the Governor" or
8 "agency" means any office, officer, division, or part thereof,
9 and any other office, nonelective officer, department,
10 division, bureau, board, or commission in the executive branch
11 of State government, except that it does not apply to any
12 agency whose primary function is service to the General
13 Assembly or the Judicial Branch of State government, or to any
14 agency administered by the Attorney General, Secretary of
15 State, State Comptroller or State Treasurer. In addition the
16 term does not apply to the following agencies created by law
17 with the primary responsibility of exercising regulatory or
18 adjudicatory functions independently of the Governor:
19     (1) the State Board of Elections;
20     (2) the State Board of Education;
21     (3) the Illinois Commerce Commission;
22     (4) the Illinois Workers' Compensation Commission;
23     (5) the Civil Service Commission;

 

 

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1     (6) the Fair Employment Practices Commission;
2     (7) the Pollution Control Board;
3     (8) the Department of State Police Merit Board;
4     (9) The Illinois Gaming Board.
5 (Source: P.A. 93-721, eff. 1-1-05.)
 
6     Section 10. The Department of Revenue Law of the Civil
7 Administrative Code of Illinois is amended by changing Section
8 2505-305 as follows:
 
9     (20 ILCS 2505/2505-305)  (was 20 ILCS 2505/39b15.1)
10     Sec. 2505-305. Investigators.
11     (a) The Department has the power to appoint investigators
12 to conduct all investigations, searches, seizures, arrests,
13 and other duties imposed under the provisions of any law
14 administered by the Department or the Illinois Gaming Board.
15 Except as provided in subsection (c), these investigators have
16 and may exercise all the powers of peace officers solely for
17 the purpose of enforcing taxing measures administered by the
18 Department or the Illinois Gaming Board.
19     (b) The Director must authorize to each investigator
20 employed under this Section and to any other employee of the
21 Department exercising the powers of a peace officer a distinct
22 badge that, on its face, (i) clearly states that the badge is
23 authorized by the Department and (ii) contains a unique
24 identifying number. No other badge shall be authorized by the

 

 

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1 Department.
2     (c) The Department may enter into agreements with the
3 Illinois Gaming Board providing that investigators appointed
4 under this Section shall exercise the peace officer powers set
5 forth in paragraph (20.6) of subsection (c) of Section 5 of the
6 Riverboat Gambling Act. Investigators appointed under this
7 Section who are assigned to the Illinois Gaming Board have and
8 may exercise all the rights and powers of peace officers,
9 provided that these powers shall be limited to offenses or
10 violations occurring or committed on a riverboat or dock, as
11 defined in subsections (d) and (f) of Section 4 of the
12 Riverboat Gambling Act.
13 (Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01; 92-493,
14 eff. 1-1-02.)
 
15     Section 15. The Illinois Pension Code is amended by
16 changing Sections 14-110, 14-152.1, 18-127, and 18-169 as
17 follows:
 
18     (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
19     Sec. 14-110. Alternative retirement annuity.
20     (a) Any member who has withdrawn from service with not less
21 than 20 years of eligible creditable service and has attained
22 age 55, and any member who has withdrawn from service with not
23 less than 25 years of eligible creditable service and has
24 attained age 50, regardless of whether the attainment of either

 

 

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1 of the specified ages occurs while the member is still in
2 service, shall be entitled to receive at the option of the
3 member, in lieu of the regular or minimum retirement annuity, a
4 retirement annuity computed as follows:
5         (i) for periods of service as a noncovered employee: if
6     retirement occurs on or after January 1, 2001, 3% of final
7     average compensation for each year of creditable service;
8     if retirement occurs before January 1, 2001, 2 1/4% of
9     final average compensation for each of the first 10 years
10     of creditable service, 2 1/2% for each year above 10 years
11     to and including 20 years of creditable service, and 2 3/4%
12     for each year of creditable service above 20 years; and
13         (ii) for periods of eligible creditable service as a
14     covered employee: if retirement occurs on or after January
15     1, 2001, 2.5% of final average compensation for each year
16     of creditable service; if retirement occurs before January
17     1, 2001, 1.67% of final average compensation for each of
18     the first 10 years of such service, 1.90% for each of the
19     next 10 years of such service, 2.10% for each year of such
20     service in excess of 20 but not exceeding 30, and 2.30% for
21     each year in excess of 30.
22     Such annuity shall be subject to a maximum of 75% of final
23 average compensation if retirement occurs before January 1,
24 2001 or to a maximum of 80% of final average compensation if
25 retirement occurs on or after January 1, 2001.
26     These rates shall not be applicable to any service

 

 

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1 performed by a member as a covered employee which is not
2 eligible creditable service. Service as a covered employee
3 which is not eligible creditable service shall be subject to
4 the rates and provisions of Section 14-108.
5     (b) For the purpose of this Section, "eligible creditable
6 service" means creditable service resulting from service in one
7 or more of the following positions:
8         (1) State policeman;
9         (2) fire fighter in the fire protection service of a
10     department;
11         (3) air pilot;
12         (4) special agent;
13         (5) investigator for the Secretary of State;
14         (6) conservation police officer;
15         (7) investigator for the Department of Revenue or the
16     Illinois Gaming Board;
17         (8) security employee of the Department of Human
18     Services;
19         (9) Central Management Services security police
20     officer;
21         (10) security employee of the Department of
22     Corrections or the Department of Juvenile Justice;
23         (11) dangerous drugs investigator;
24         (12) investigator for the Department of State Police;
25         (13) investigator for the Office of the Attorney
26     General;

 

 

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1         (14) controlled substance inspector;
2         (15) investigator for the Office of the State's
3     Attorneys Appellate Prosecutor;
4         (16) Commerce Commission police officer;
5         (17) arson investigator;
6         (18) State highway maintenance worker.
7     A person employed in one of the positions specified in this
8 subsection is entitled to eligible creditable service for
9 service credit earned under this Article while undergoing the
10 basic police training course approved by the Illinois Law
11 Enforcement Training Standards Board, if completion of that
12 training is required of persons serving in that position. For
13 the purposes of this Code, service during the required basic
14 police training course shall be deemed performance of the
15 duties of the specified position, even though the person is not
16 a sworn peace officer at the time of the training.
17     (c) For the purposes of this Section:
18         (1) The term "state policeman" includes any title or
19     position in the Department of State Police that is held by
20     an individual employed under the State Police Act.
21         (2) The term "fire fighter in the fire protection
22     service of a department" includes all officers in such fire
23     protection service including fire chiefs and assistant
24     fire chiefs.
25         (3) The term "air pilot" includes any employee whose
26     official job description on file in the Department of

 

 

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1     Central Management Services, or in the department by which
2     he is employed if that department is not covered by the
3     Personnel Code, states that his principal duty is the
4     operation of aircraft, and who possesses a pilot's license;
5     however, the change in this definition made by this
6     amendatory Act of 1983 shall not operate to exclude any
7     noncovered employee who was an "air pilot" for the purposes
8     of this Section on January 1, 1984.
9         (4) The term "special agent" means any person who by
10     reason of employment by the Division of Narcotic Control,
11     the Bureau of Investigation or, after July 1, 1977, the
12     Division of Criminal Investigation, the Division of
13     Internal Investigation, the Division of Operations, or any
14     other Division or organizational entity in the Department
15     of State Police is vested by law with duties to maintain
16     public order, investigate violations of the criminal law of
17     this State, enforce the laws of this State, make arrests
18     and recover property. The term "special agent" includes any
19     title or position in the Department of State Police that is
20     held by an individual employed under the State Police Act.
21         (5) The term "investigator for the Secretary of State"
22     means any person employed by the Office of the Secretary of
23     State and vested with such investigative duties as render
24     him ineligible for coverage under the Social Security Act
25     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
26     218(l)(1) of that Act.

 

 

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1         A person who became employed as an investigator for the
2     Secretary of State between January 1, 1967 and December 31,
3     1975, and who has served as such until attainment of age
4     60, either continuously or with a single break in service
5     of not more than 3 years duration, which break terminated
6     before January 1, 1976, shall be entitled to have his
7     retirement annuity calculated in accordance with
8     subsection (a), notwithstanding that he has less than 20
9     years of credit for such service.
10         (6) The term "Conservation Police Officer" means any
11     person employed by the Division of Law Enforcement of the
12     Department of Natural Resources and vested with such law
13     enforcement duties as render him ineligible for coverage
14     under the Social Security Act by reason of Sections
15     218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
16     term "Conservation Police Officer" includes the positions
17     of Chief Conservation Police Administrator and Assistant
18     Conservation Police Administrator.
19         (7) The term "investigator for the Department of
20     Revenue" means any person employed by the Department of
21     Revenue and vested with such investigative duties as render
22     him ineligible for coverage under the Social Security Act
23     by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
24     218(l)(1) of that Act.
25         The term "investigator for the Illinois Gaming Board"
26     means any person employed as such by the Illinois Gaming

 

 

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1     Board and vested with such peace officer duties as render
2     the person ineligible for coverage under the Social
3     Security Act by reason of Sections 218(d)(5)(A),
4     218(d)(8)(D), and 218(l)(1) of that Act.
5         (8) The term "security employee of the Department of
6     Human Services" means any person employed by the Department
7     of Human Services who (i) is employed at the Chester Mental
8     Health Center and has daily contact with the residents
9     thereof, (ii) is employed within a security unit at a
10     facility operated by the Department and has daily contact
11     with the residents of the security unit, (iii) is employed
12     at a facility operated by the Department that includes a
13     security unit and is regularly scheduled to work at least
14     50% of his or her working hours within that security unit,
15     or (iv) is a mental health police officer. "Mental health
16     police officer" means any person employed by the Department
17     of Human Services in a position pertaining to the
18     Department's mental health and developmental disabilities
19     functions who is vested with such law enforcement duties as
20     render the person ineligible for coverage under the Social
21     Security Act by reason of Sections 218(d)(5)(A),
22     218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"
23     means that portion of a facility that is devoted to the
24     care, containment, and treatment of persons committed to
25     the Department of Human Services as sexually violent
26     persons, persons unfit to stand trial, or persons not

 

 

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1     guilty by reason of insanity. With respect to past
2     employment, references to the Department of Human Services
3     include its predecessor, the Department of Mental Health
4     and Developmental Disabilities.
5         The changes made to this subdivision (c)(8) by Public
6     Act 92-14 apply to persons who retire on or after January
7     1, 2001, notwithstanding Section 1-103.1.
8         (9) "Central Management Services security police
9     officer" means any person employed by the Department of
10     Central Management Services who is vested with such law
11     enforcement duties as render him ineligible for coverage
12     under the Social Security Act by reason of Sections
13     218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
14         (10) For a member who first became an employee under
15     this Article before July 1, 2005, the term "security
16     employee of the Department of Corrections or the Department
17     of Juvenile Justice" means any employee of the Department
18     of Corrections or the Department of Juvenile Justice or the
19     former Department of Personnel, and any member or employee
20     of the Prisoner Review Board, who has daily contact with
21     inmates or youth by working within a correctional facility
22     or Juvenile facility operated by the Department of Juvenile
23     Justice or who is a parole officer or an employee who has
24     direct contact with committed persons in the performance of
25     his or her job duties. For a member who first becomes an
26     employee under this Article on or after July 1, 2005, the

 

 

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1     term means an employee of the Department of Corrections or
2     the Department of Juvenile Justice who is any of the
3     following: (i) officially headquartered at a correctional
4     facility or Juvenile facility operated by the Department of
5     Juvenile Justice, (ii) a parole officer, (iii) a member of
6     the apprehension unit, (iv) a member of the intelligence
7     unit, (v) a member of the sort team, or (vi) an
8     investigator.
9         (11) The term "dangerous drugs investigator" means any
10     person who is employed as such by the Department of Human
11     Services.
12         (12) The term "investigator for the Department of State
13     Police" means a person employed by the Department of State
14     Police who is vested under Section 4 of the Narcotic
15     Control Division Abolition Act with such law enforcement
16     powers as render him ineligible for coverage under the
17     Social Security Act by reason of Sections 218(d)(5)(A),
18     218(d)(8)(D) and 218(l)(1) of that Act.
19         (13) "Investigator for the Office of the Attorney
20     General" means any person who is employed as such by the
21     Office of the Attorney General and is vested with such
22     investigative duties as render him ineligible for coverage
23     under the Social Security Act by reason of Sections
24     218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
25     the period before January 1, 1989, the term includes all
26     persons who were employed as investigators by the Office of

 

 

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1     the Attorney General, without regard to social security
2     status.
3         (14) "Controlled substance inspector" means any person
4     who is employed as such by the Department of Professional
5     Regulation and is vested with such law enforcement duties
6     as render him ineligible for coverage under the Social
7     Security Act by reason of Sections 218(d)(5)(A),
8     218(d)(8)(D) and 218(l)(1) of that Act. The term
9     "controlled substance inspector" includes the Program
10     Executive of Enforcement and the Assistant Program
11     Executive of Enforcement.
12         (15) The term "investigator for the Office of the
13     State's Attorneys Appellate Prosecutor" means a person
14     employed in that capacity on a full time basis under the
15     authority of Section 7.06 of the State's Attorneys
16     Appellate Prosecutor's Act.
17         (16) "Commerce Commission police officer" means any
18     person employed by the Illinois Commerce Commission who is
19     vested with such law enforcement duties as render him
20     ineligible for coverage under the Social Security Act by
21     reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
22     218(l)(1) of that Act.
23         (17) "Arson investigator" means any person who is
24     employed as such by the Office of the State Fire Marshal
25     and is vested with such law enforcement duties as render
26     the person ineligible for coverage under the Social

 

 

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1     Security Act by reason of Sections 218(d)(5)(A),
2     218(d)(8)(D), and 218(l)(1) of that Act. A person who was
3     employed as an arson investigator on January 1, 1995 and is
4     no longer in service but not yet receiving a retirement
5     annuity may convert his or her creditable service for
6     employment as an arson investigator into eligible
7     creditable service by paying to the System the difference
8     between the employee contributions actually paid for that
9     service and the amounts that would have been contributed if
10     the applicant were contributing at the rate applicable to
11     persons with the same social security status earning
12     eligible creditable service on the date of application.
13         (18) The term "State highway maintenance worker" means
14     a person who is either of the following:
15             (i) A person employed on a full-time basis by the
16         Illinois Department of Transportation in the position
17         of highway maintainer, highway maintenance lead
18         worker, highway maintenance lead/lead worker, heavy
19         construction equipment operator, power shovel
20         operator, or bridge mechanic; and whose principal
21         responsibility is to perform, on the roadway, the
22         actual maintenance necessary to keep the highways that
23         form a part of the State highway system in serviceable
24         condition for vehicular traffic.
25             (ii) A person employed on a full-time basis by the
26         Illinois State Toll Highway Authority in the position

 

 

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1         of equipment operator/laborer H-4, equipment
2         operator/laborer H-6, welder H-4, welder H-6,
3         mechanical/electrical H-4, mechanical/electrical H-6,
4         water/sewer H-4, water/sewer H-6, sign maker/hanger
5         H-4, sign maker/hanger H-6, roadway lighting H-4,
6         roadway lighting H-6, structural H-4, structural H-6,
7         painter H-4, or painter H-6; and whose principal
8         responsibility is to perform, on the roadway, the
9         actual maintenance necessary to keep the Authority's
10         tollways in serviceable condition for vehicular
11         traffic.
12     (d) A security employee of the Department of Corrections or
13 the Department of Juvenile Justice, and a security employee of
14 the Department of Human Services who is not a mental health
15 police officer, shall not be eligible for the alternative
16 retirement annuity provided by this Section unless he or she
17 meets the following minimum age and service requirements at the
18 time of retirement:
19         (i) 25 years of eligible creditable service and age 55;
20     or
21         (ii) beginning January 1, 1987, 25 years of eligible
22     creditable service and age 54, or 24 years of eligible
23     creditable service and age 55; or
24         (iii) beginning January 1, 1988, 25 years of eligible
25     creditable service and age 53, or 23 years of eligible
26     creditable service and age 55; or

 

 

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1         (iv) beginning January 1, 1989, 25 years of eligible
2     creditable service and age 52, or 22 years of eligible
3     creditable service and age 55; or
4         (v) beginning January 1, 1990, 25 years of eligible
5     creditable service and age 51, or 21 years of eligible
6     creditable service and age 55; or
7         (vi) beginning January 1, 1991, 25 years of eligible
8     creditable service and age 50, or 20 years of eligible
9     creditable service and age 55.
10     Persons who have service credit under Article 16 of this
11 Code for service as a security employee of the Department of
12 Corrections or the Department of Juvenile Justice, or the
13 Department of Human Services in a position requiring
14 certification as a teacher may count such service toward
15 establishing their eligibility under the service requirements
16 of this Section; but such service may be used only for
17 establishing such eligibility, and not for the purpose of
18 increasing or calculating any benefit.
19     (e) If a member enters military service while working in a
20 position in which eligible creditable service may be earned,
21 and returns to State service in the same or another such
22 position, and fulfills in all other respects the conditions
23 prescribed in this Article for credit for military service,
24 such military service shall be credited as eligible creditable
25 service for the purposes of the retirement annuity prescribed
26 in this Section.

 

 

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1     (f) For purposes of calculating retirement annuities under
2 this Section, periods of service rendered after December 31,
3 1968 and before October 1, 1975 as a covered employee in the
4 position of special agent, conservation police officer, mental
5 health police officer, or investigator for the Secretary of
6 State, shall be deemed to have been service as a noncovered
7 employee, provided that the employee pays to the System prior
8 to retirement an amount equal to (1) the difference between the
9 employee contributions that would have been required for such
10 service as a noncovered employee, and the amount of employee
11 contributions actually paid, plus (2) if payment is made after
12 July 31, 1987, regular interest on the amount specified in item
13 (1) from the date of service to the date of payment.
14     For purposes of calculating retirement annuities under
15 this Section, periods of service rendered after December 31,
16 1968 and before January 1, 1982 as a covered employee in the
17 position of investigator for the Department of Revenue shall be
18 deemed to have been service as a noncovered employee, provided
19 that the employee pays to the System prior to retirement an
20 amount equal to (1) the difference between the employee
21 contributions that would have been required for such service as
22 a noncovered employee, and the amount of employee contributions
23 actually paid, plus (2) if payment is made after January 1,
24 1990, regular interest on the amount specified in item (1) from
25 the date of service to the date of payment.
26     (g) A State policeman may elect, not later than January 1,

 

 

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1 1990, to establish eligible creditable service for up to 10
2 years of his service as a policeman under Article 3, by filing
3 a written election with the Board, accompanied by payment of an
4 amount to be determined by the Board, equal to (i) the
5 difference between the amount of employee and employer
6 contributions transferred to the System under Section 3-110.5,
7 and the amounts that would have been contributed had such
8 contributions been made at the rates applicable to State
9 policemen, plus (ii) interest thereon at the effective rate for
10 each year, compounded annually, from the date of service to the
11 date of payment.
12     Subject to the limitation in subsection (i), a State
13 policeman may elect, not later than July 1, 1993, to establish
14 eligible creditable service for up to 10 years of his service
15 as a member of the County Police Department under Article 9, by
16 filing a written election with the Board, accompanied by
17 payment of an amount to be determined by the Board, equal to
18 (i) the difference between the amount of employee and employer
19 contributions transferred to the System under Section 9-121.10
20 and the amounts that would have been contributed had those
21 contributions been made at the rates applicable to State
22 policemen, plus (ii) interest thereon at the effective rate for
23 each year, compounded annually, from the date of service to the
24 date of payment.
25     (h) Subject to the limitation in subsection (i), a State
26 policeman or investigator for the Secretary of State may elect

 

 

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1 to establish eligible creditable service for up to 12 years of
2 his service as a policeman under Article 5, by filing a written
3 election with the Board on or before January 31, 1992, and
4 paying to the System by January 31, 1994 an amount to be
5 determined by the Board, equal to (i) the difference between
6 the amount of employee and employer contributions transferred
7 to the System under Section 5-236, and the amounts that would
8 have been contributed had such contributions been made at the
9 rates applicable to State policemen, plus (ii) interest thereon
10 at the effective rate for each year, compounded annually, from
11 the date of service to the date of payment.
12     Subject to the limitation in subsection (i), a State
13 policeman, conservation police officer, or investigator for
14 the Secretary of State may elect to establish eligible
15 creditable service for up to 10 years of service as a sheriff's
16 law enforcement employee under Article 7, by filing a written
17 election with the Board on or before January 31, 1993, and
18 paying to the System by January 31, 1994 an amount to be
19 determined by the Board, equal to (i) the difference between
20 the amount of employee and employer contributions transferred
21 to the System under Section 7-139.7, and the amounts that would
22 have been contributed had such contributions been made at the
23 rates applicable to State policemen, plus (ii) interest thereon
24 at the effective rate for each year, compounded annually, from
25 the date of service to the date of payment.
26     (i) The total amount of eligible creditable service

 

 

SB0060 - 19 - LRB095 03839 AMC 23870 b

1 established by any person under subsections (g), (h), (j), (k),
2 and (l) of this Section shall not exceed 12 years.
3     (j) Subject to the limitation in subsection (i), an
4 investigator for the Office of the State's Attorneys Appellate
5 Prosecutor or a controlled substance inspector may elect to
6 establish eligible creditable service for up to 10 years of his
7 service as a policeman under Article 3 or a sheriff's law
8 enforcement employee under Article 7, by filing a written
9 election with the Board, accompanied by payment of an amount to
10 be determined by the Board, equal to (1) the difference between
11 the amount of employee and employer contributions transferred
12 to the System under Section 3-110.6 or 7-139.8, and the amounts
13 that would have been contributed had such contributions been
14 made at the rates applicable to State policemen, plus (2)
15 interest thereon at the effective rate for each year,
16 compounded annually, from the date of service to the date of
17 payment.
18     (k) Subject to the limitation in subsection (i) of this
19 Section, an alternative formula employee may elect to establish
20 eligible creditable service for periods spent as a full-time
21 law enforcement officer or full-time corrections officer
22 employed by the federal government or by a state or local
23 government located outside of Illinois, for which credit is not
24 held in any other public employee pension fund or retirement
25 system. To obtain this credit, the applicant must file a
26 written application with the Board by March 31, 1998,

 

 

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1 accompanied by evidence of eligibility acceptable to the Board
2 and payment of an amount to be determined by the Board, equal
3 to (1) employee contributions for the credit being established,
4 based upon the applicant's salary on the first day as an
5 alternative formula employee after the employment for which
6 credit is being established and the rates then applicable to
7 alternative formula employees, plus (2) an amount determined by
8 the Board to be the employer's normal cost of the benefits
9 accrued for the credit being established, plus (3) regular
10 interest on the amounts in items (1) and (2) from the first day
11 as an alternative formula employee after the employment for
12 which credit is being established to the date of payment.
13     (l) Subject to the limitation in subsection (i), a security
14 employee of the Department of Corrections may elect, not later
15 than July 1, 1998, to establish eligible creditable service for
16 up to 10 years of his or her service as a policeman under
17 Article 3, by filing a written election with the Board,
18 accompanied by payment of an amount to be determined by the
19 Board, equal to (i) the difference between the amount of
20 employee and employer contributions transferred to the System
21 under Section 3-110.5, and the amounts that would have been
22 contributed had such contributions been made at the rates
23 applicable to security employees of the Department of
24 Corrections, plus (ii) interest thereon at the effective rate
25 for each year, compounded annually, from the date of service to
26 the date of payment.

 

 

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1     (m) The amendatory changes to this Section made by this
2 amendatory Act of the 94th General Assembly apply only to: (1)
3 security employees of the Department of Juvenile Justice
4 employed by the Department of Corrections before the effective
5 date of this amendatory Act of the 94th General Assembly and
6 transferred to the Department of Juvenile Justice by this
7 amendatory Act of the 94th General Assembly; and (2) persons
8 employed by the Department of Juvenile Justice on or after the
9 effective date of this amendatory Act of the 94th General
10 Assembly who are required by subsection (b) of Section 3-2.5-15
11 of the Unified Code of Corrections to have a bachelor's or
12 advanced degree from an accredited college or university with a
13 specialization in criminal justice, education, psychology,
14 social work, or a closely related social science or, in the
15 case of persons who provide vocational training, who are
16 required to have adequate knowledge in the skill for which they
17 are providing the vocational training.
18 (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06.)
 
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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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

 

 

SB0060 - 23 - LRB095 03839 AMC 23870 b

1 this subsection is or has become inadequate, it may so certify
2 to the Governor and the State Comptroller and, in the absence
3 of corrective action by the General Assembly, the new benefit
4 increase shall expire at the end of the fiscal year in which
5 the certification is made.
6     (d) Every new benefit increase shall expire 5 years after
7 its effective date or on such earlier date as may be specified
8 in the language enacting the new benefit increase or provided
9 under subsection (c). This does not prevent the General
10 Assembly from extending or re-creating a new benefit increase
11 by law.
12     (e) Except as otherwise provided in the language creating
13 the new benefit increase, a new benefit increase that expires
14 under this Section continues to apply to persons who applied
15 and qualified for the affected benefit while the new benefit
16 increase was in effect and to the affected beneficiaries and
17 alternate payees of such persons, but does not apply to any
18 other person, including without limitation a person who
19 continues in service after the expiration date and did not
20 apply and qualify for the affected benefit while the new
21 benefit increase was in effect.
22 (Source: P.A. 94-4, eff. 6-1-05.)
 
23     (40 ILCS 5/18-127)  (from Ch. 108 1/2, par. 18-127)
24     Sec. 18-127. Retirement annuity - suspension on
25 reemployment.

 

 

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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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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), on January 1, 2007, is serving on
17 the Illinois Gaming Board, but has not elected to participate
18 in the Article 14 System with respect to that service, shall
19 not be deemed to be regularly employed for compensation by an
20 employer other than a county, nor to have resumed service as a
21 judge, on the basis of that service, and the retirement annuity
22 payments and other benefits of that person under this Code
23 shall not be suspended, diminished, or otherwise impaired
24 solely as a consequence of that service. This subsection (e)
25 applies without regard to whether the person is in service as a
26 judge under this Article on or after the effective date of this

 

 

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1 amendatory Act of the 93rd General Assembly. In this
2 subsection, a "part-time employee" is a person who is not
3 required to work at least 35 hours per week. The changes made
4 to this subsection (e) by this amendatory Act of the 95th
5 General Assembly apply without regard to whether the person is
6 in service as a judge under this Article on or after the
7 effective date of this amendatory Act of the 95th General
8 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.

 

 

SB0060 - 27 - LRB095 03839 AMC 23870 b

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

 

 

SB0060 - 28 - LRB095 03839 AMC 23870 b

1 benefit increase created by a Public Act that does not include
2 the additional funding required under this subsection is null
3 and void. If the Public Pension Division determines that the
4 additional funding provided for a new benefit increase under
5 this subsection is or has become inadequate, it may so certify
6 to the Governor and the State Comptroller and, in the absence
7 of corrective action by the General Assembly, the new benefit
8 increase shall expire at the end of the fiscal year in which
9 the certification is made.
10     (d) Every new benefit increase shall expire 5 years after
11 its effective date or on such earlier date as may be specified
12 in the language enacting the new benefit increase or provided
13 under subsection (c). This does not prevent the General
14 Assembly from extending or re-creating a new benefit increase
15 by law.
16     (e) Except as otherwise provided in the language creating
17 the new benefit increase, a new benefit increase that expires
18 under this Section continues to apply to persons who applied
19 and qualified for the affected benefit while the new benefit
20 increase was in effect and to the affected beneficiaries and
21 alternate payees of such persons, but does not apply to any
22 other person, including without limitation a person who
23 continues in service after the expiration date and did not
24 apply and qualify for the affected benefit while the new
25 benefit increase was in effect.
26 (Source: P.A. 94-4, eff. 6-1-05.)
 

 

 

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1     Section 20. The Riverboat Gambling Act is amended by
2 changing Sections 4, 5, 5.1, and 13 and by adding Section 5.2
3 as follows:
 
4     (230 ILCS 10/4)  (from Ch. 120, par. 2404)
5     Sec. 4. Definitions. As used in this Act:
6     (a) "Board" means the Illinois Gaming Board.
7     (b) "Occupational license" means a license issued by the
8 Board to a person or entity to perform an occupation which the
9 Board has identified as requiring a license to engage in
10 riverboat gambling in Illinois.
11     (c) "Gambling game" includes, but is not limited to,
12 baccarat, twenty-one, poker, craps, slot machine, video game of
13 chance, roulette wheel, klondike table, punchboard, faro
14 layout, keno layout, numbers ticket, push card, jar ticket, or
15 pull tab which is authorized by the Board as a wagering device
16 under this Act.
17     (d) "Riverboat" means a self-propelled excursion boat, a
18 permanently moored barge, or permanently moored barges that are
19 permanently fixed together to operate as one vessel, on which
20 lawful gambling is authorized and licensed as provided in this
21 Act.
22     (e) "Managers license" means a license issued by the Board
23 to a person or entity to manage gambling operations conducted
24 by the State pursuant to Section 7.3 7.2.

 

 

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1     (f) "Dock" means the location where a riverboat moors for
2 the purpose of embarking passengers for and disembarking
3 passengers from the riverboat.
4     (g) "Gross receipts" means the total amount of money
5 exchanged for the purchase of chips, tokens or electronic cards
6 by riverboat patrons.
7     (h) "Adjusted gross receipts" means the gross receipts less
8 winnings paid to wagerers.
9     (i) "Cheat" means to alter the selection of criteria which
10 determine the result of a gambling game or the amount or
11 frequency of payment in a gambling game.
12     (j) (Blank) "Department" means the Department of Revenue.
13     (k) "Gambling operation" means the conduct of authorized
14 gambling games upon a riverboat.
15     (l) "License bid" means the lump sum amount of money that
16 an applicant bids and agrees to pay the State in return for an
17 owners license that is re-issued on or after July 1, 2003.
18     (m) The terms "minority person" and "female" shall have the
19 same meaning as defined in Section 2 of the Business Enterprise
20 for Minorities, Females, and Persons with Disabilities Act.
21 (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03;
22 revised 1-28-04.)
 
23     (230 ILCS 10/5)  (from Ch. 120, par. 2405)
24     Sec. 5. Gaming Board.
25     (a) (1) There is hereby established the within the

 

 

SB0060 - 31 - LRB095 03839 AMC 23870 b

1 Department of Revenue an Illinois Gaming Board, which shall
2 have the powers and duties specified in this Act, and all other
3 powers necessary and proper to fully and effectively execute
4 this Act for the purpose of administering, regulating, and
5 enforcing the system of riverboat gambling established by this
6 Act. Its jurisdiction shall extend under this Act to every
7 person, association, corporation, partnership and trust
8 involved in riverboat gambling operations in the State of
9 Illinois.
10     (2) The Board shall consist of 5 members to be appointed by
11 the Governor with the advice and consent of the Senate, one of
12 whom shall be designated by the Governor to be chairman. Each
13 member shall have a reasonable knowledge of the practice,
14 procedure and principles of gambling operations. Each member
15 shall either be a resident of Illinois or shall certify that he
16 will become a resident of Illinois before taking office. At
17 least one member shall be experienced in law enforcement and
18 criminal investigation, at least one member shall be a
19 certified public accountant experienced in accounting and
20 auditing, and at least one member shall be a lawyer licensed to
21 practice law in Illinois.
22     (3) The terms of office of the Board members shall be 3
23 years, except that the terms of office of the initial Board
24 members appointed pursuant to this Act will commence from the
25 effective date of this Act and run as follows: one for a term
26 ending July 1, 1991, 2 for a term ending July 1, 1992, and 2 for

 

 

SB0060 - 32 - LRB095 03839 AMC 23870 b

1 a term ending July 1, 1993. Upon the expiration of the
2 foregoing terms, the successors of such members shall serve a
3 term for 3 years and until their successors are appointed and
4 qualified for like terms. Vacancies in the Board shall be
5 filled for the unexpired term in like manner as original
6 appointments. Each member of the Board shall be eligible for
7 reappointment at the discretion of the Governor with the advice
8 and consent of the Senate.
9     (4) The chairman of the Board shall receive an annual
10 salary of $50,000, or as set by the Compensation Review Board,
11 whichever is higher. Other members of the Board shall receive
12 an annual salary of $35,000, or as set by the Compensation
13 Review Board, whichever is higher. Each member of the Board
14 shall receive $300 for each day the Board meets and for each
15 day the member conducts any hearing pursuant to this Act. Each
16 member of the Board shall also be reimbursed for all actual and
17 necessary expenses and disbursements incurred in the execution
18 of official duties.
19     (5) No person shall be appointed a member of the Board or
20 continue to be a member of the Board who is, or whose spouse,
21 child or parent is, a member of the board of directors of, or a
22 person financially interested in, any gambling operation
23 subject to the jurisdiction of this Board, or any race track,
24 race meeting, racing association or the operations thereof
25 subject to the jurisdiction of the Illinois Racing Board. No
26 Board member shall hold any other public office for which he

 

 

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1 shall receive compensation other than necessary travel or other
2 incidental expenses. No person shall be a member of the Board
3 who is not of good moral character or who has been convicted
4 of, or is under indictment for, a felony under the laws of
5 Illinois or any other state, or the United States.
6     (5.5) No member of the Board shall engage in any political
7 activity. For the purposes of this Section, "political" means
8 any activity in support of or in connection with any campaign
9 for federal, State, or local elective office or any political
10 organization, but does not include activities (i) relating to
11 the support or opposition of any executive, legislative, or
12 administrative action (as those terms are defined in Section 2
13 of the Lobbyist Registration Act), (ii) relating to collective
14 bargaining, or (iii) that are otherwise in furtherance of the
15 person's official State duties or governmental and public
16 service functions.
17     (6) Any member of the Board may be removed by the Governor
18 for neglect of duty, misfeasance, malfeasance, or nonfeasance
19 in office or for engaging in any political activity.
20     (7) Before entering upon the discharge of the duties of his
21 office, each member of the Board shall take an oath that he
22 will faithfully execute the duties of his office according to
23 the laws of the State and the rules and regulations adopted
24 therewith and shall give bond to the State of Illinois,
25 approved by the Governor, in the sum of $25,000. Every such
26 bond, when duly executed and approved, shall be recorded in the

 

 

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1 office of the Secretary of State. Whenever the Governor
2 determines that the bond of any member of the Board has become
3 or is likely to become invalid or insufficient, he shall
4 require such member forthwith to renew his bond, which is to be
5 approved by the Governor. Any member of the Board who fails to
6 take oath and give bond within 30 days from the date of his
7 appointment, or who fails to renew his bond within 30 days
8 after it is demanded by the Governor, shall be guilty of
9 neglect of duty and may be removed by the Governor. The cost of
10 any bond given by any member of the Board under this Section
11 shall be taken to be a part of the necessary expenses of the
12 Board.
13     (8) The Upon the request of the Board, the Department shall
14 employ such personnel as may be necessary to carry out its the
15 functions and shall determine the salaries of all personnel,
16 except those personnel whose salaries are determined under the
17 terms of a collective bargaining agreement of the Board. No
18 person shall be employed to serve the Board who is, or whose
19 spouse, parent or child is, an official of, or has a financial
20 interest in or financial relation with, any operator engaged in
21 gambling operations within this State or any organization
22 engaged in conducting horse racing within this State. Any
23 employee violating these prohibitions shall be subject to
24 termination of employment.
25     (9) An Administrator shall perform any and all duties that
26 the Board shall assign him. The salary of the Administrator

 

 

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1 shall be determined by the Board and approved by the Director
2 of the Department and, in addition, he shall be reimbursed for
3 all actual and necessary expenses incurred by him in discharge
4 of his official duties. The Administrator shall keep records of
5 all proceedings of the Board and shall preserve all records,
6 books, documents and other papers belonging to the Board or
7 entrusted to its care. The Administrator shall devote his full
8 time to the duties of the office and shall not hold any other
9 office or employment.
10     (b) The Board shall have general responsibility for the
11 implementation of this Act. Its duties include, without
12 limitation, the following:
13         (1) To decide promptly and in reasonable order all
14     license applications. Any party aggrieved by an action of
15     the Board denying, suspending, revoking, restricting or
16     refusing to renew a license may request a hearing before
17     the Board. A request for a hearing must be made to the
18     Board in writing within 5 days after service of notice of
19     the action of the Board. Notice of the action of the Board
20     shall be served either by personal delivery or by certified
21     mail, postage prepaid, to the aggrieved party. Notice
22     served by certified mail shall be deemed complete on the
23     business day following the date of such mailing. The Board
24     shall conduct all requested hearings promptly and in
25     reasonable order;
26         (2) To conduct all hearings pertaining to civil

 

 

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1     violations of this Act or rules and regulations promulgated
2     hereunder;
3         (3) To promulgate such rules and regulations as in its
4     judgment may be necessary to protect or enhance the
5     credibility and integrity of gambling operations
6     authorized by this Act and the regulatory process
7     hereunder;
8         (4) To provide for the establishment and collection of
9     all license and registration fees and taxes imposed by this
10     Act and the rules and regulations issued pursuant hereto.
11     All such fees and taxes shall be deposited into the State
12     Gaming Fund;
13         (5) To provide for the levy and collection of penalties
14     and fines for the violation of provisions of this Act and
15     the rules and regulations promulgated hereunder. All such
16     fines and penalties shall be deposited into the Education
17     Assistance Fund, created by Public Act 86-0018, of the
18     State of Illinois;
19         (6) To be present through its inspectors and agents any
20     time gambling operations are conducted on any riverboat for
21     the purpose of certifying the revenue thereof, receiving
22     complaints from the public, and conducting such other
23     investigations into the conduct of the gambling games and
24     the maintenance of the equipment as from time to time the
25     Board may deem necessary and proper;
26         (7) To review and rule upon any complaint by a licensee

 

 

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1     regarding any investigative procedures of the State which
2     are unnecessarily disruptive of gambling operations. The
3     need to inspect and investigate shall be presumed at all
4     times. The disruption of a licensee's operations shall be
5     proved by clear and convincing evidence, and establish
6     that: (A) the procedures had no reasonable law enforcement
7     purposes, and (B) the procedures were so disruptive as to
8     unreasonably inhibit gambling operations;
9         (8) To hold at least one meeting each quarter of the
10     fiscal year. In addition, special meetings may be called by
11     the Chairman or any 2 Board members upon 72 hours written
12     notice to each member. All Board meetings shall be subject
13     to the Open Meetings Act. Three members of the Board shall
14     constitute a quorum, and 3 votes shall be required for any
15     final determination by the Board. The Board shall keep a
16     complete and accurate record of all its meetings. A
17     majority of the members of the Board shall constitute a
18     quorum for the transaction of any business, for the
19     performance of any duty, or for the exercise of any power
20     which this Act requires the Board members to transact,
21     perform or exercise en banc, except that, upon order of the
22     Board, one of the Board members or an administrative law
23     judge designated by the Board may conduct any hearing
24     provided for under this Act or by Board rule and may
25     recommend findings and decisions to the Board. The Board
26     member or administrative law judge conducting such hearing

 

 

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1     shall have all powers and rights granted to the Board in
2     this Act. The record made at the time of the hearing shall
3     be reviewed by the Board, or a majority thereof, and the
4     findings and decision of the majority of the Board shall
5     constitute the order of the Board in such case;
6         (9) To maintain records which are separate and distinct
7     from the records of any other State board or commission.
8     Such records shall be available for public inspection and
9     shall accurately reflect all Board proceedings;
10         (10) To file a written annual report with the Governor
11     on or before March 1 each year and such additional reports
12     as the Governor may request. The annual report shall
13     include a statement of receipts and disbursements by the
14     Board, actions taken by the Board, and any additional
15     information and recommendations which the Board may deem
16     valuable or which the Governor may request;
17         (11) (Blank); and
18         (12) (Blank); and To assume responsibility for the
19     administration and enforcement of the Bingo License and Tax
20     Act, the Charitable Games Act, and the Pull Tabs and Jar
21     Games Act if such responsibility is delegated to it by the
22     Director of Revenue.
23         (13) To adopt, by rule, a code of conduct governing
24     Board members and employees that ensure, to the maximum
25     extent possible, that persons subject to this Code avoid
26     situations, relationships, or associations that may

 

 

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1     represent or lead to a conflict of interest.
2     (c) The Board shall have jurisdiction over and shall
3 supervise all gambling operations governed by this Act. The
4 Board shall have all powers necessary and proper to fully and
5 effectively execute the provisions of this Act, including, but
6 not limited to, the following:
7         (1) To investigate applicants and determine the
8     eligibility of applicants for licenses and to select among
9     competing applicants the applicants which best serve the
10     interests of the citizens of Illinois.
11         (2) To have jurisdiction and supervision over all
12     riverboat gambling operations in this State and all persons
13     on riverboats where gambling operations are conducted.
14         (3) To promulgate rules and regulations for the purpose
15     of administering the provisions of this Act and to
16     prescribe rules, regulations and conditions under which
17     all riverboat gambling in the State shall be conducted.
18     Such rules and regulations are to provide for the
19     prevention of practices detrimental to the public interest
20     and for the best interests of riverboat gambling, including
21     rules and regulations regarding the inspection of such
22     riverboats and the review of any permits or licenses
23     necessary to operate a riverboat under any laws or
24     regulations applicable to riverboats, and to impose
25     penalties for violations thereof.
26         (4) To enter the office, riverboats, facilities, or

 

 

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1     other places of business of a licensee, where evidence of
2     the compliance or noncompliance with the provisions of this
3     Act is likely to be found.
4         (5) To investigate alleged violations of this Act or
5     the rules of the Board and to take appropriate disciplinary
6     action against a licensee or a holder of an occupational
7     license for a violation, or institute appropriate legal
8     action for enforcement, or both.
9         (6) To adopt standards for the licensing of all persons
10     under this Act, as well as for electronic or mechanical
11     gambling games, and to establish fees for such licenses.
12         (7) To adopt appropriate standards for all riverboats
13     and facilities.
14         (8) To require that the records, including financial or
15     other statements of any licensee under this Act, shall be
16     kept in such manner as prescribed by the Board and that any
17     such licensee involved in the ownership or management of
18     gambling operations submit to the Board an annual balance
19     sheet and profit and loss statement, list of the
20     stockholders or other persons having a 1% or greater
21     beneficial interest in the gambling activities of each
22     licensee, and any other information the Board deems
23     necessary in order to effectively administer this Act and
24     all rules, regulations, orders and final decisions
25     promulgated under this Act.
26         (9) To conduct hearings, issue subpoenas for the

 

 

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1     attendance of witnesses and subpoenas duces tecum for the
2     production of books, records and other pertinent documents
3     in accordance with the Illinois Administrative Procedure
4     Act, and to administer oaths and affirmations to the
5     witnesses, when, in the judgment of the Board, it is
6     necessary to administer or enforce this Act or the Board
7     rules.
8         (10) To prescribe a form to be used by any licensee
9     involved in the ownership or management of gambling
10     operations as an application for employment for their
11     employees.
12         (11) To revoke or suspend licenses, as the Board may
13     see fit and in compliance with applicable laws of the State
14     regarding administrative procedures, and to review
15     applications for the renewal of licenses. The Board may
16     suspend an owners license, without notice or hearing upon a
17     determination that the safety or health of patrons or
18     employees is jeopardized by continuing a riverboat's
19     operation. The suspension may remain in effect until the
20     Board determines that the cause for suspension has been
21     abated. The Board may revoke the owners license upon a
22     determination that the owner has not made satisfactory
23     progress toward abating the hazard.
24         (12) To eject or exclude or authorize the ejection or
25     exclusion of, any person from riverboat gambling
26     facilities where such person is in violation of this Act,

 

 

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1     rules and regulations thereunder, or final orders of the
2     Board, or where such person's conduct or reputation is such
3     that his presence within the riverboat gambling facilities
4     may, in the opinion of the Board, call into question the
5     honesty and integrity of the gambling operations or
6     interfere with orderly conduct thereof; provided that the
7     propriety of such ejection or exclusion is subject to
8     subsequent hearing by the Board.
9         (13) To require all licensees of gambling operations to
10     utilize a cashless wagering system whereby all players'
11     money is converted to tokens, electronic cards, or chips
12     which shall be used only for wagering in the gambling
13     establishment.
14         (14) (Blank).
15         (15) To suspend, revoke or restrict licenses, to
16     require the removal of a licensee or an employee of a
17     licensee for a violation of this Act or a Board rule or for
18     engaging in a fraudulent practice, and to impose civil
19     penalties of up to $5,000 against individuals and up to
20     $10,000 or an amount equal to the daily gross receipts,
21     whichever is larger, against licensees for each violation
22     of any provision of the Act, any rules adopted by the
23     Board, any order of the Board or any other action which, in
24     the Board's discretion, is a detriment or impediment to
25     riverboat gambling operations.
26         (16) To hire employees to gather information, conduct

 

 

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1     investigations and carry out any other tasks contemplated
2     under this Act.
3         (17) To establish minimum levels of insurance to be
4     maintained by licensees.
5         (18) To authorize a licensee to sell or serve alcoholic
6     liquors, wine or beer as defined in the Liquor Control Act
7     of 1934 on board a riverboat and to have exclusive
8     authority to establish the hours for sale and consumption
9     of alcoholic liquor on board a riverboat, notwithstanding
10     any provision of the Liquor Control Act of 1934 or any
11     local ordinance, and regardless of whether the riverboat
12     makes excursions. The establishment of the hours for sale
13     and consumption of alcoholic liquor on board a riverboat is
14     an exclusive power and function of the State. A home rule
15     unit may not establish the hours for sale and consumption
16     of alcoholic liquor on board a riverboat. This amendatory
17     Act of 1991 is a denial and limitation of home rule powers
18     and functions under subsection (h) of Section 6 of Article
19     VII of the Illinois Constitution.
20         (19) After consultation with the U.S. Army Corps of
21     Engineers, to establish binding emergency orders upon the
22     concurrence of a majority of the members of the Board
23     regarding the navigability of water, relative to
24     excursions, in the event of extreme weather conditions,
25     acts of God or other extreme circumstances.
26         (20) To delegate the execution of any of its powers

 

 

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1     under this Act for the purpose of administering and
2     enforcing this Act and its rules and regulations hereunder.
3         (20.5) To approve any contract entered into on its
4     behalf.
5         (20.6) To appoint investigators to conduct
6     investigations, searches, seizures, arrests, and other
7     duties imposed under this Act, as deemed necessary by the
8     Board. These investigators have and may exercise all of the
9     rights and powers of peace officers, provided that these
10     powers shall be limited to offenses or violations occurring
11     or committed on a riverboat or dock, as defined in
12     subsections (d) and (f) of Section 4, or as otherwise
13     provided by this Act or any other law.
14         (20.7) To contract with the Department of State Police
15     for the use of trained and qualified State police officers
16     and with the Department of Revenue for the use of trained
17     and qualified Department of Revenue investigators to
18     conduct investigations, searches, seizures, arrests, and
19     other duties imposed under this Act and to exercise all of
20     the rights and powers of peace officers, provided that the
21     powers of Department of Revenue investigators under this
22     subdivision (20.7) shall be limited to offenses or
23     violations occurring or committed on a riverboat or dock,
24     as defined in subsections (d) and (f) of Section 4, or as
25     otherwise provided by this Act or any other law. In the
26     event the Department of State Police or the Department of

 

 

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1     Revenue is unable to fill contracted police or
2     investigative positions, the Board may appoint
3     investigators to fill those positions pursuant to
4     subdivision (20.6).
5         (21) To take any other action as may be reasonable or
6     appropriate to enforce this Act and rules and regulations
7     hereunder.
8     (d) The Board may seek and shall receive the cooperation of
9 the Department of State Police in conducting background
10 investigations of applicants and in fulfilling its
11 responsibilities under this Section. Costs incurred by the
12 Department of State Police as a result of such cooperation
13 shall be paid by the Board in conformance with the requirements
14 of Section 2605-400 of the Department of State Police Law (20
15 ILCS 2605/2605-400).
16     (e) The Board must authorize to each investigator and to
17 any other employee of the Board exercising the powers of a
18 peace officer a distinct badge that, on its face, (i) clearly
19 states that the badge is authorized by the Board and (ii)
20 contains a unique identifying number. No other badge shall be
21 authorized by the Board.
22 (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883,
23 eff. 1-1-01.)
 
24     (230 ILCS 10/5.1)  (from Ch. 120, par. 2405.1)
25     Sec. 5.1. Disclosure of records.

 

 

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1     (a) Notwithstanding any applicable statutory provision to
2 the contrary, the Board shall, on written request from any
3 person, provide information furnished by an applicant or
4 licensee concerning the applicant or licensee, his products,
5 services or gambling enterprises and his business holdings, as
6 follows:
7         (1) The name, business address and business telephone
8     number of any applicant or licensee.
9         (2) An identification of any applicant or licensee
10     including, if an applicant or licensee is not an
11     individual, the state of incorporation or registration,
12     the corporate officers, and the identity of all
13     shareholders or participants. If an applicant or licensee
14     has a pending registration statement filed with the
15     Securities and Exchange Commission, only the names of those
16     persons or entities holding interest of 5% or more must be
17     provided.
18         (3) An identification of any business, including, if
19     applicable, the state of incorporation or registration, in
20     which an applicant or licensee or an applicant's or
21     licensee's spouse or children has an equity interest of
22     more than 1% 5%. If an applicant or licensee is a
23     corporation, partnership or other business entity, the
24     applicant or licensee shall identify any other
25     corporation, partnership or business entity in which it has
26     an equity interest of 1% 5% or more, including, if

 

 

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1     applicable, the state of incorporation or registration.
2     This information need not be provided by a corporation,
3     partnership or other business entity that has a pending
4     registration statement filed with the Securities and
5     Exchange Commission.
6         (4) Whether an applicant or licensee has been indicted,
7     convicted, pleaded guilty or nolo contendere, or forfeited
8     bail concerning any criminal offense under the laws of any
9     jurisdiction, either felony or misdemeanor (except for
10     traffic violations), including the date, the name and
11     location of the court, arresting agency and prosecuting
12     agency, the case number, the offense, the disposition and
13     the location and length of incarceration.
14         (5) Whether an applicant or licensee has had any
15     license or certificate issued by a licensing authority in
16     Illinois or any other jurisdiction denied, restricted,
17     suspended, revoked or not renewed and a statement
18     describing the facts and circumstances concerning the
19     denial, restriction, suspension, revocation or
20     non-renewal, including the licensing authority, the date
21     each such action was taken, and the reason for each such
22     action.
23         (6) Whether an applicant or licensee has ever filed or
24     had filed against it a proceeding in bankruptcy or has ever
25     been involved in any formal process to adjust, defer,
26     suspend or otherwise work out the payment of any debt

 

 

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1     including the date of filing, the name and location of the
2     court, the case and number of the disposition.
3         (7) Whether an applicant or licensee has filed, or been
4     served with a complaint or other notice filed with any
5     public body, regarding the delinquency in the payment of,
6     or a dispute over the filings concerning the payment of,
7     any tax required under federal, State or local law,
8     including the amount, type of tax, the taxing agency and
9     time periods involved.
10         (8) A statement listing the names and titles of all
11     public officials or officers of any unit of government, and
12     relatives of said public officials or officers who,
13     directly or indirectly, own any financial interest in, have
14     any beneficial interest in, are the creditors of or hold
15     any debt instrument issued by, or hold or have any interest
16     in any contractual or service relationship with, an
17     applicant or licensee.
18         (9) Whether an applicant or licensee has made, directly
19     or indirectly, any political contribution, or any loans,
20     donations or other payments, to any candidate or office
21     holder, within 5 years from the date of filing the
22     application, including the amount and the method of
23     payment.
24         (10) The name and business telephone number of the
25     counsel representing an applicant or licensee in matters
26     before the Board.

 

 

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1         (11) A description of any proposed or approved
2     riverboat gaming operation, including the type of boat,
3     home dock location, expected economic benefit to the
4     community, anticipated or actual number of employees, any
5     statement from an applicant or licensee regarding
6     compliance with federal and State affirmative action
7     guidelines, projected or actual admissions and projected
8     or actual adjusted gross gaming receipts.
9         (12) A description of the product or service to be
10     supplied by an applicant for a supplier's license.
11     (b) Notwithstanding any applicable statutory provision to
12 the contrary, the Board shall, on written request from any
13 person, also provide the following information:
14         (1) The amount of the wagering tax and admission tax
15     paid daily to the State of Illinois by the holder of an
16     owner's license.
17         (2) Whenever the Board finds an applicant for an
18     owner's license unsuitable for licensing, a copy of the
19     written letter outlining the reasons for the denial.
20         (3) Whenever the Board has refused to grant leave for
21     an applicant to withdraw his application, a copy of the
22     letter outlining the reasons for the refusal.
23     (c) Subject to the above provisions, the Board shall not
24 disclose any information which would be barred by:
25         (1) Section 7 of the Freedom of Information Act; or
26         (2) The statutes, rules, regulations or

 

 

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1     intergovernmental agreements of any jurisdiction.
2     (d) The Board may assess fees for the copying of
3 information in accordance with Section 6 of the Freedom of
4 Information Act.
5 (Source: P.A. 87-826.)
 
6     (230 ILCS 10/5.2 new)
7     Sec. 5.2. Separation from Department of Revenue. On the
8 effective date of this amendatory Act of the 95th General
9 Assembly, all of the powers, duties, assets, liabilities,
10 employees, contracts, property, records, pending business, and
11 unexpended appropriations of the Department of Revenue related
12 to the administration and enforcement of this Act are
13 transferred to the Illinois Gaming Board.
14     The status and rights of the transferred employees, and the
15 rights of the State of Illinois and its agencies, under the
16 Personnel Code and applicable collective bargaining agreements
17 or under any pension, retirement, or annuity plan are not
18 affected (except as provided in Sections 14-110 and 18-127 of
19 the Illinois Pension Code) by that transfer or by any other
20 provision of this amendatory Act of the 95th General Assembly.
 
21     (230 ILCS 10/13)  (from Ch. 120, par. 2413)
22     Sec. 13. Wagering tax; rate; distribution.
23     (a) Until January 1, 1998, a tax is imposed on the adjusted
24 gross receipts received from gambling games authorized under

 

 

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1 this Act at the rate of 20%.
2     (a-1) From January 1, 1998 until July 1, 2002, a privilege
3 tax is imposed on persons engaged in the business of conducting
4 riverboat gambling operations, based on the adjusted gross
5 receipts received by a licensed owner from gambling games
6 authorized under this Act at the following rates:
7         15% of annual adjusted gross receipts up to and
8     including $25,000,000;
9         20% of annual adjusted gross receipts in excess of
10     $25,000,000 but not exceeding $50,000,000;
11         25% of annual adjusted gross receipts in excess of
12     $50,000,000 but not exceeding $75,000,000;
13         30% of annual adjusted gross receipts in excess of
14     $75,000,000 but not exceeding $100,000,000;
15         35% of annual adjusted gross receipts in excess of
16     $100,000,000.
17     (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
18 is imposed on persons engaged in the business of conducting
19 riverboat gambling operations, other than licensed managers
20 conducting riverboat gambling operations on behalf of the
21 State, based on the adjusted gross receipts received by a
22 licensed owner from gambling games authorized under this Act at
23 the following rates:
24         15% of annual adjusted gross receipts up to and
25     including $25,000,000;
26         22.5% of annual adjusted gross receipts in excess of

 

 

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1     $25,000,000 but not exceeding $50,000,000;
2         27.5% of annual adjusted gross receipts in excess of
3     $50,000,000 but not exceeding $75,000,000;
4         32.5% of annual adjusted gross receipts in excess of
5     $75,000,000 but not exceeding $100,000,000;
6         37.5% of annual adjusted gross receipts in excess of
7     $100,000,000 but not exceeding $150,000,000;
8         45% of annual adjusted gross receipts in excess of
9     $150,000,000 but not exceeding $200,000,000;
10         50% of annual adjusted gross receipts in excess of
11     $200,000,000.
12     (a-3) Beginning July 1, 2003, a privilege tax is imposed on
13 persons engaged in the business of conducting riverboat
14 gambling operations, other than licensed managers conducting
15 riverboat gambling operations on behalf of the State, based on
16 the adjusted gross receipts received by a licensed owner from
17 gambling games authorized under this Act at the following
18 rates:
19         15% of annual adjusted gross receipts up to and
20     including $25,000,000;
21         27.5% of annual adjusted gross receipts in excess of
22     $25,000,000 but not exceeding $37,500,000;
23         32.5% of annual adjusted gross receipts in excess of
24     $37,500,000 but not exceeding $50,000,000;
25         37.5% of annual adjusted gross receipts in excess of
26     $50,000,000 but not exceeding $75,000,000;

 

 

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1         45% of annual adjusted gross receipts in excess of
2     $75,000,000 but not exceeding $100,000,000;
3         50% of annual adjusted gross receipts in excess of
4     $100,000,000 but not exceeding $250,000,000;
5         70% of annual adjusted gross receipts in excess of
6     $250,000,000.
7     An amount equal to the amount of wagering taxes collected
8 under this subsection (a-3) that are in addition to the amount
9 of wagering taxes that would have been collected if the
10 wagering tax rates under subsection (a-2) were in effect shall
11 be paid into the Common School Fund.
12     The privilege tax imposed under this subsection (a-3) shall
13 no longer be imposed beginning on the earlier of (i) July 1,
14 2005; (ii) the first date after June 20, 2003 that riverboat
15 gambling operations are conducted pursuant to a dormant
16 license; or (iii) the first day that riverboat gambling
17 operations are conducted under the authority of an owners
18 license that is in addition to the 10 owners licenses initially
19 authorized under this Act. For the purposes of this subsection
20 (a-3), the term "dormant license" means an owners license that
21 is authorized by this Act under which no riverboat gambling
22 operations are being conducted on June 20, 2003.
23     (a-4) Beginning on the first day on which the tax imposed
24 under subsection (a-3) is no longer imposed, a privilege tax is
25 imposed on persons engaged in the business of conducting
26 riverboat gambling operations, other than licensed managers

 

 

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1 conducting riverboat gambling operations on behalf of the
2 State, based on the adjusted gross receipts received by a
3 licensed owner from gambling games authorized under this Act at
4 the following rates:
5         15% of annual adjusted gross receipts up to and
6     including $25,000,000;
7         22.5% of annual adjusted gross receipts in excess of
8     $25,000,000 but not exceeding $50,000,000;
9         27.5% of annual adjusted gross receipts in excess of
10     $50,000,000 but not exceeding $75,000,000;
11         32.5% of annual adjusted gross receipts in excess of
12     $75,000,000 but not exceeding $100,000,000;
13         37.5% of annual adjusted gross receipts in excess of
14     $100,000,000 but not exceeding $150,000,000;
15         45% of annual adjusted gross receipts in excess of
16     $150,000,000 but not exceeding $200,000,000;
17         50% of annual adjusted gross receipts in excess of
18     $200,000,000.
19     (a-8) Riverboat gambling operations conducted by a
20 licensed manager on behalf of the State are not subject to the
21 tax imposed under this Section.
22     (a-10) The taxes imposed by this Section shall be paid by
23 the licensed owner to the Board not later than 3:00 o'clock
24 p.m. of the day after the day when the wagers were made.
25     (a-15) If the privilege tax imposed under subsection (a-3)
26 is no longer imposed pursuant to item (i) of the last paragraph

 

 

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1 of subsection (a-3), then by June 15 of each year, each owners
2 licensee, other than an owners licensee that admitted 1,000,000
3 persons or fewer in calendar year 2004, must, in addition to
4 the payment of all amounts otherwise due under this Section,
5 pay to the Board a reconciliation payment in the amount, if
6 any, by which the licensed owner's base amount exceeds the
7 amount of net privilege tax paid by the licensed owner to the
8 Board in the then current State fiscal year. A licensed owner's
9 net privilege tax obligation due for the balance of the State
10 fiscal year shall be reduced up to the total of the amount paid
11 by the licensed owner in its June 15 reconciliation payment.
12 The obligation imposed by this subsection (a-15) is binding on
13 any person, firm, corporation, or other entity that acquires an
14 ownership interest in any such owners license. The obligation
15 imposed under this subsection (a-15) terminates on the earliest
16 of: (i) July 1, 2007, (ii) the first day after the effective
17 date of this amendatory Act of the 94th General Assembly that
18 riverboat gambling operations are conducted pursuant to a
19 dormant license, (iii) the first day that riverboat gambling
20 operations are conducted under the authority of an owners
21 license that is in addition to the 10 owners licenses initially
22 authorized under this Act, or (iv) the first day that a
23 licensee under the Illinois Horse Racing Act of 1975 conducts
24 gaming operations with slot machines or other electronic gaming
25 devices. The Board must reduce the obligation imposed under
26 this subsection (a-15) by an amount the Board deems reasonable

 

 

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1 for any of the following reasons: (A) an act or acts of God,
2 (B) an act of bioterrorism or terrorism or a bioterrorism or
3 terrorism threat that was investigated by a law enforcement
4 agency, or (C) a condition beyond the control of the owners
5 licensee that does not result from any act or omission by the
6 owners licensee or any of its agents and that poses a hazardous
7 threat to the health and safety of patrons. If an owners
8 licensee pays an amount in excess of its liability under this
9 Section, the Board shall apply the overpayment to future
10 payments required under this Section.
11     For purposes of this subsection (a-15):
12     "Act of God" means an incident caused by the operation of
13 an extraordinary force that cannot be foreseen, that cannot be
14 avoided by the exercise of due care, and for which no person
15 can be held liable.
16     "Base amount" means the following:
17         For a riverboat in Alton, $31,000,000.
18         For a riverboat in East Peoria, $43,000,000.
19         For the Empress riverboat in Joliet, $86,000,000.
20         For a riverboat in Metropolis, $45,000,000.
21         For the Harrah's riverboat in Joliet, $114,000,000.
22         For a riverboat in Aurora, $86,000,000.
23         For a riverboat in East St. Louis, $48,500,000.
24         For a riverboat in Elgin, $198,000,000.
25     "Dormant license" has the meaning ascribed to it in
26 subsection (a-3).

 

 

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1     "Net privilege tax" means all privilege taxes paid by a
2 licensed owner to the Board under this Section, less all
3 payments made from the State Gaming Fund pursuant to subsection
4 (b) of this Section.
5     The changes made to this subsection (a-15) by Public Act
6 94-839 this amendatory Act of the 94th General Assembly are
7 intended to restate and clarify the intent of Public Act 94-673
8 with respect to the amount of the payments required to be made
9 under this subsection by an owners licensee to the Board.
10     (b) Until January 1, 1998, 25% of the tax revenue deposited
11 in the State Gaming Fund under this Section shall be paid,
12 subject to appropriation by the General Assembly, to the unit
13 of local government which is designated as the home dock of the
14 riverboat. Beginning January 1, 1998, from the tax revenue
15 deposited in the State Gaming Fund under this Section, an
16 amount equal to 5% of adjusted gross receipts generated by a
17 riverboat shall be paid monthly, subject to appropriation by
18 the General Assembly, to the unit of local government that is
19 designated as the home dock of the riverboat. From the tax
20 revenue deposited in the State Gaming Fund pursuant to
21 riverboat gambling operations conducted by a licensed manager
22 on behalf of the State, an amount equal to 5% of adjusted gross
23 receipts generated pursuant to those riverboat gambling
24 operations shall be paid monthly, subject to appropriation by
25 the General Assembly, to the unit of local government that is
26 designated as the home dock of the riverboat upon which those

 

 

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1 riverboat gambling operations are conducted.
2     (c) Appropriations, as approved by the General Assembly,
3 may be made from the State Gaming Fund to the Board (i)
4 Department of Revenue and the Department of State Police for
5 the administration and enforcement of this Act, (ii) for
6 distribution to the Department of State Police and to the
7 Department of Revenue for the enforcement of this Act, and
8 (iii) or to the Department of Human Services for the
9 administration of programs to treat problem gambling.
10     (c-5) Before May 26, 2006 (the effective date of Public Act
11 94-804) this amendatory Act of the 94th General Assembly and
12 beginning 2 years after May 26, 2006 (the effective date of
13 Public Act 94-804) this amendatory Act of the 94th General
14 Assembly, after the payments required under subsections (b) and
15 (c) have been made, an amount equal to 15% of the adjusted
16 gross receipts of (1) an owners licensee that relocates
17 pursuant to Section 11.2, (2) an owners licensee conducting
18 riverboat gambling operations pursuant to an owners license
19 that is initially issued after June 25, 1999, or (3) the first
20 riverboat gambling operations conducted by a licensed manager
21 on behalf of the State under Section 7.3, whichever comes
22 first, shall be paid from the State Gaming Fund into the Horse
23 Racing Equity Fund.
24     (c-10) Each year the General Assembly shall appropriate
25 from the General Revenue Fund to the Education Assistance Fund
26 an amount equal to the amount paid into the Horse Racing Equity

 

 

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1 Fund pursuant to subsection (c-5) in the prior calendar year.
2     (c-15) After the payments required under subsections (b),
3 (c), and (c-5) have been made, an amount equal to 2% of the
4 adjusted gross receipts of (1) an owners licensee that
5 relocates pursuant to Section 11.2, (2) an owners licensee
6 conducting riverboat gambling operations pursuant to an owners
7 license that is initially issued after June 25, 1999, or (3)
8 the first riverboat gambling operations conducted by a licensed
9 manager on behalf of the State under Section 7.3, whichever
10 comes first, shall be paid, subject to appropriation from the
11 General Assembly, from the State Gaming Fund to each home rule
12 county with a population of over 3,000,000 inhabitants for the
13 purpose of enhancing the county's criminal justice system.
14     (c-20) Each year the General Assembly shall appropriate
15 from the General Revenue Fund to the Education Assistance Fund
16 an amount equal to the amount paid to each home rule county
17 with a population of over 3,000,000 inhabitants pursuant to
18 subsection (c-15) in the prior calendar year.
19     (c-25) After the payments required under subsections (b),
20 (c), (c-5) and (c-15) have been made, an amount equal to 2% of
21 the adjusted gross receipts of (1) an owners licensee that
22 relocates pursuant to Section 11.2, (2) an owners licensee
23 conducting riverboat gambling operations pursuant to an owners
24 license that is initially issued after June 25, 1999, or (3)
25 the first riverboat gambling operations conducted by a licensed
26 manager on behalf of the State under Section 7.3, whichever

 

 

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1 comes first, shall be paid from the State Gaming Fund to
2 Chicago State University.
3     (d) From time to time, the Board shall transfer the
4 remainder of the funds generated by this Act into the Education
5 Assistance Fund, created by Public Act 86-0018, of the State of
6 Illinois.
7     (e) Nothing in this Act shall prohibit the unit of local
8 government designated as the home dock of the riverboat from
9 entering into agreements with other units of local government
10 in this State or in other states to share its portion of the
11 tax revenue.
12     (f) To the extent practicable, the Board shall administer
13 and collect the wagering taxes imposed by this Section in a
14 manner consistent with the provisions of Sections 4, 5, 5a, 5b,
15 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
16 Retailers' Occupation Tax Act and Section 3-7 of the Uniform
17 Penalty and Interest Act.
18 (Source: P.A. 93-27, eff. 6-20-03; 93-28, eff. 6-20-03; 94-673,
19 eff. 8-23-05; 94-804, eff. 5-26-06; 94-839, eff. 6-6-06;
20 revised 8-3-06.)
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3     15 ILCS 15/3.1 from Ch. 127, par. 1803.1
4     20 ILCS 2505/2505-305 was 20 ILCS 2505/39b15.1
5     40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
6     40 ILCS 5/14-152.1
7     40 ILCS 5/18-127 from Ch. 108 1/2, par. 18-127
8     40 ILCS 5/18-169
9     230 ILCS 10/4 from Ch. 120, par. 2404
10     230 ILCS 10/5 from Ch. 120, par. 2405
11     230 ILCS 10/5.1 from Ch. 120, par. 2405.1
12     230 ILCS 10/5.2 new
13     230 ILCS 10/13 from Ch. 120, par. 2413