Illinois General Assembly - Full Text of HB5607
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Full Text of HB5607  103rd General Assembly

HB5607 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5607

 

Introduced 2/9/2024, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the State Finance Act. Provides that, on July 1, 2024 or as soon thereafter as possible, the balance remaining in the State Police Training and Academy Fund shall be transferred to the State Police Law Enforcement Administration Fund, and the State Police Training and Academy Fund shall be dissolved. Provides that moneys that had been paid into the State Police Training and Academy Fund shall be paid instead into the State Police Law Enforcement Administration Fund. Makes changes concerning the uses of the State Police Law Enforcement Administration Fund. Amends the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act and the Illinois Insurance Code to make conforming changes. Amends the School Code. Provides that schools shall report any written, electronic, or verbal report of a verified incident involving a firearm or drugs to the State Board of Education through existing school incident reporting systems as they occur during the year by no later than August 1 of each year. Provides that the State Board of Education shall report data by school district, as collected from school districts, and make it available to the public via its website. Provides that the local law enforcement authority shall, by March 1 of each year, report the required data from the previous year to the Illinois State Police's Illinois Uniform Crime Reporting Program, which shall be included in its annual Crime in Illinois report. Amends the Illinois Gambling Act. Makes changes regarding applying for licensure and Fingerprinting. Amends the Criminal Code of 2012 and the Drug Asset Forfeiture Procedure Act. In provisions concerning non-judicial forfeiture, provides that the director or the directors designee (instead of just the director) shall dispose of property forfeited in accordance with law. Effective July 1, 2024.


LRB103 36650 RJT 66759 b

 

 

A BILL FOR

 

HB5607LRB103 36650 RJT 66759 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Hijacking and Motor
5Vehicle Theft Prevention and Insurance Verification Act is
6amended by changing Section 8.6 as follows:
 
7    (20 ILCS 4005/8.6)
8    Sec. 8.6. Private passenger motor vehicle insurance. State
9Police Training and Academy Fund; Law Enforcement Training
10Fund. Before April 1 of each year, each insurer engaged in
11writing private passenger motor vehicle insurance coverage
12that is included in Class 2 and Class 3 of Section 4 of the
13Illinois Insurance Code, as a condition of its authority to
14transact business in this State, may collect and shall pay to
15the Department of Insurance an amount equal to $4, or a lesser
16amount determined by the Illinois Law Enforcement Training
17Standards Board by rule, multiplied by the insurer's total
18earned car years of private passenger motor vehicle insurance
19policies providing physical damage insurance coverage written
20in this State during the preceding calendar year. Of the
21amounts collected under this Section, the Department of
22Insurance shall deposit 10% into the State Police Law
23Enforcement Administration Fund State Police Training and

 

 

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1Academy Fund and 90% into the Law Enforcement Training Fund.
2(Source: P.A. 102-16, eff. 6-17-21; 102-775, eff. 5-13-22;
3102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.)
 
4    Section 10. The State Finance Act is amended by changing
5Sections 5.946, 6z-106, and 6z-125 as follows:
 
6    (30 ILCS 105/5.946)
7    Sec. 5.946. The State Police Training and Academy Fund.
8This Section is repealed on January 1, 2025.
9(Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22.)
 
10    (30 ILCS 105/6z-106)
11    Sec. 6z-106. State Police Law Enforcement Administration
12Fund.
13    (a) There is created in the State treasury a special fund
14known as the State Police Law Enforcement Administration Fund.
15The Fund shall receive revenue under subsection (c) of Section
1610-5 of the Criminal and Traffic Assessment Act and Section
17500-135 of the Illinois Insurance Code. The Fund shall also
18receive the moneys designated to be paid in to the Fund under
19subsection (a-5) of Section 500-135 of the Illinois Insurance
20Code and Section 8.6 of the Illinois Vehicle Hijacking and
21Motor Vehicle Theft Prevention and Insurance Verification Act.
22The Fund may also receive revenue from grants, donations,
23appropriations, and any other legal source.

 

 

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1    (b) The Illinois State Police may use moneys in the Fund to
2finance any of its lawful purposes or functions, including,
3but not limited to, training for forensic laboratory personnel
4and other State Police personnel. However, ; however, the
5primary purpose of the Fund shall be to finance State Police
6cadet classes in May and October of each year.
7    (c) Expenditures may be made from the Fund only as
8appropriated by the General Assembly by law.
9    (d) Investment income that is attributable to the
10investment of moneys in the Fund shall be retained in the Fund
11for the uses specified in this Section.
12    (e) The State Police Law Enforcement Administration Fund
13shall not be subject to administrative chargebacks.
14(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
 
15    (30 ILCS 105/6z-125)
16    Sec. 6z-125. State Police Training and Academy Fund. The
17State Police Training and Academy Fund is hereby created as a
18special fund in the State treasury. Moneys in the Fund shall
19consist of: (i) 10% of the revenue from increasing the
20insurance producer license fees, as provided under subsection
21(a-5) of Section 500-135 of the Illinois Insurance Code; and
22(ii) 10% of the moneys collected from auto insurance policy
23fees under Section 8.6 of the Illinois Vehicle Hijacking and
24Motor Vehicle Theft Prevention and Insurance Verification Act.
25This Fund shall be used by the Illinois State Police to fund

 

 

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1training and other State Police institutions, including, but
2not limited to, forensic laboratories. On July 1, 2024, or as
3soon thereafter as possible, the balance remaining in the
4State Police Training and Academy Fund shall be transferred to
5the State Police Law Enforcement Administration Fund. The
6State Police Training and Academy Fund is dissolved upon that
7transfer. This Section is repealed on January 1, 2025.
8(Source: P.A. 102-16, eff. 6-17-21; 102-813, eff. 5-13-22;
9102-904, eff. 1-1-23.)
 
10    Section 15. The School Code is amended by changing
11Sections 10-27.1A and 10-27.1B as follows:
 
12    (105 ILCS 5/10-27.1A)
13    Sec. 10-27.1A. Firearms in schools.
14    (a) All school officials, including teachers, school
15counselors, and support staff, shall immediately notify the
16office of the principal in the event that they observe any
17person in possession of a firearm on school grounds; provided
18that taking such immediate action to notify the office of the
19principal would not immediately endanger the health, safety,
20or welfare of students who are under the direct supervision of
21the school official or the school official. If the health,
22safety, or welfare of students under the direct supervision of
23the school official or of the school official is immediately
24endangered, the school official shall notify the office of the

 

 

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1principal as soon as the students under his or her supervision
2and he or she are no longer under immediate danger. A report is
3not required by this Section when the school official knows
4that the person in possession of the firearm is a law
5enforcement official engaged in the conduct of his or her
6official duties. Any school official acting in good faith who
7makes such a report under this Section shall have immunity
8from any civil or criminal liability that might otherwise be
9incurred as a result of making the report. The identity of the
10school official making such report shall not be disclosed
11except as expressly and specifically authorized by law.
12Knowingly and willfully failing to comply with this Section is
13a petty offense. A second or subsequent offense is a Class C
14misdemeanor.
15    (b) Upon receiving a report from any school official
16pursuant to this Section, or from any other person, the
17principal or his or her designee shall immediately notify a
18local law enforcement agency. If the person found to be in
19possession of a firearm on school grounds is a student, the
20principal or his or her designee shall also immediately notify
21that student's parent or guardian. Any principal or his or her
22designee acting in good faith who makes such reports under
23this Section shall have immunity from any civil or criminal
24liability that might otherwise be incurred or imposed as a
25result of making the reports. Knowingly and willfully failing
26to comply with this Section is a petty offense. A second or

 

 

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1subsequent offense is a Class C misdemeanor. If the person
2found to be in possession of the firearm on school grounds is a
3minor, the law enforcement agency shall detain that minor
4until such time as the agency makes a determination pursuant
5to clause (a) of subsection (1) of Section 5-401 of the
6Juvenile Court Act of 1987, as to whether the agency
7reasonably believes that the minor is delinquent. If the law
8enforcement agency determines that probable cause exists to
9believe that the minor committed a violation of item (4) of
10subsection (a) of Section 24-1 of the Criminal Code of 2012
11while on school grounds, the agency shall detain the minor for
12processing pursuant to Section 5-407 of the Juvenile Court Act
13of 1987.
14    (c) Upon receipt of any written, electronic, or verbal
15report from any school personnel regarding a verified incident
16involving a firearm in a school or on school owned or leased
17property, including any conveyance owned, leased, or used by
18the school for the transport of students or school personnel,
19the superintendent or his or her designee shall report all
20such firearm-related incidents occurring in a school or on
21school property to the local law enforcement authorities
22immediately, who shall report to the Illinois State Police in
23a form, manner, and frequency as prescribed by the Illinois
24State Police.
25    The State Board of Education shall receive an annual
26statistical compilation and related data associated with

 

 

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1incidents involving firearms in schools from the Illinois
2State Police. The State Board of Education shall compile this
3information by school district and make it available to the
4public.
5    (c-5) Schools shall report any written, electronic, or
6verbal report of a verified incident involving a firearm made
7under subsection (c) to the State Board of Education through
8existing school incident reporting systems as they occur
9during the year by no later than August 1 of each year. The
10State Board of Education shall report data by school district,
11as collected from school districts, and make it available to
12the public via its website. The local law enforcement
13authority shall, by March 1 of each year, report the required
14data from the previous year to the Illinois State Police's
15Illinois Uniform Crime Reporting Program, which shall be
16included in its annual Crime in Illinois report.
17    (d) As used in this Section, the term "firearm" shall have
18the meaning ascribed to it in Section 1.1 of the Firearm Owners
19Identification Card Act.
20    As used in this Section, the term "school" means any
21public or private elementary or secondary school.
22    As used in this Section, the term "school grounds"
23includes the real property comprising any school, any
24conveyance owned, leased, or contracted by a school to
25transport students to or from school or a school-related
26activity, or any public way within 1,000 feet of the real

 

 

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1property comprising any school.
2(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
3102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)
 
4    (105 ILCS 5/10-27.1B)
5    Sec. 10-27.1B. Reporting drug-related incidents in
6schools.
7    (a) In this Section:
8    "Drug" means "cannabis" as defined under subsection (a) of
9Section 3 of the Cannabis Control Act, "narcotic drug" as
10defined under subsection (aa) of Section 102 of the Illinois
11Controlled Substances Act, or "methamphetamine" as defined
12under Section 10 of the Methamphetamine Control and Community
13Protection Act.
14    "School" means any public or private elementary or
15secondary school.
16    (b) Upon receipt of any written, electronic, or verbal
17report from any school personnel regarding a verified incident
18involving drugs in a school or on school owned or leased
19property, including any conveyance owned, leased, or used by
20the school for the transport of students or school personnel,
21the superintendent or his or her designee, or other
22appropriate administrative officer for a private school, shall
23report all such drug-related incidents occurring in a school
24or on school property to the local law enforcement authorities
25immediately and to the Illinois State Police in a form,

 

 

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1manner, and frequency as prescribed by the Illinois State
2Police.
3    (c) (Blank). The State Board of Education shall receive an
4annual statistical compilation and related data associated
5with drug-related incidents in schools from the Illinois State
6Police. The State Board of Education shall compile this
7information by school district and make it available to the
8public.
9    (d) Schools shall report any written, electronic, or
10verbal report of an incident involving drugs made under
11subsection (b) to the State Board of Education through
12existing school incident reporting systems as they occur
13during the year by no later than August 1 of each year. The
14State Board of Education shall report data by school district,
15as collected from school districts, and make it available to
16the public via its website. The local law enforcement
17authority shall, by March 1 of each year, report the required
18data from the previous year to the Illinois State Police's
19Illinois Uniform Crime Reporting Program, which shall be
20included in its annual Crime in Illinois report.
21(Source: P.A. 102-538, eff. 8-20-21.)
 
22    Section 20. The Illinois Insurance Code is amended by
23changing Section 500-135 as follows:
 
24    (215 ILCS 5/500-135)

 

 

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1    (Section scheduled to be repealed on January 1, 2027)
2    Sec. 500-135. Fees.
3    (a) The fees required by this Article are as follows:
4        (1) a fee of $215 for a person who is a resident of
5    Illinois, and $380 for a person who is not a resident of
6    Illinois, payable once every 2 years for an insurance
7    producer license;
8        (2) a fee of $50 for the issuance of a temporary
9    insurance producer license;
10        (3) a fee of $150 payable once every 2 years for a
11    business entity;
12        (4) an annual $50 fee for a limited line producer
13    license issued under items (1) through (8) of subsection
14    (a) of Section 500-100;
15        (5) a $50 application fee for the processing of a
16    request to take the written examination for an insurance
17    producer license;
18        (6) an annual registration fee of $1,000 for
19    registration of an education provider;
20        (7) a certification fee of $50 for each certified
21    pre-licensing or continuing education course and an annual
22    fee of $20 for renewing the certification of each such
23    course;
24        (8) a fee of $215 for a person who is a resident of
25    Illinois, and $380 for a person who is not a resident of
26    Illinois, payable once every 2 years for a car rental

 

 

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1    limited line license;
2        (9) a fee of $200 payable once every 2 years for a
3    limited lines license other than the licenses issued under
4    items (1) through (8) of subsection (a) of Section
5    500-100, a car rental limited line license, or a
6    self-service storage facility limited line license;
7        (10) a fee of $50 payable once every 2 years for a
8    self-service storage facility limited line license.
9    (a-5) Beginning on July 1, 2021, an amount equal to the
10additional amount of revenue collected under paragraphs (1)
11and (8) of subsection (a) as a result of the increase in the
12fees under this amendatory Act of the 102nd General Assembly
13shall be transferred annually, with 10% of that amount paid
14into the State Police Law Enforcement Administration Fund
15State Police Training and Academy Fund and 90% of that amount
16paid into the Law Enforcement Training Fund.
17    (b) Except as otherwise provided, all fees paid to and
18collected by the Director under this Section shall be paid
19promptly after receipt thereof, together with a detailed
20statement of such fees, into a special fund in the State
21Treasury to be known as the Insurance Producer Administration
22Fund. The moneys deposited into the Insurance Producer
23Administration Fund may be used only for payment of the
24expenses of the Department in the execution, administration,
25and enforcement of the insurance laws of this State, and shall
26be appropriated as otherwise provided by law for the payment

 

 

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1of those expenses with first priority being any expenses
2incident to or associated with the administration and
3enforcement of this Article.
4(Source: P.A. 102-16, eff. 6-17-21.)
 
5    Section 25. The Illinois Gambling Act is amended by
6changing Sections 7.7 and 22 as follows:
 
7    (230 ILCS 10/7.7)
8    Sec. 7.7. Organization gaming licenses.
9    (a) The Illinois Gaming Board shall award one organization
10gaming license to each person or entity having operating
11control of a racetrack that applies under Section 56 of the
12Illinois Horse Racing Act of 1975, subject to the application
13and eligibility requirements of this Section. Within 60 days
14after the effective date of this amendatory Act of the 101st
15General Assembly, a person or entity having operating control
16of a racetrack may submit an application for an organization
17gaming license. The application shall be made on such forms as
18provided by the Board and shall contain such information as
19the Board prescribes, including, but not limited to, the
20identity of any racetrack at which gaming will be conducted
21pursuant to an organization gaming license, detailed
22information regarding the ownership and management of the
23applicant, and detailed personal information regarding the
24applicant. The application shall specify the number of gaming

 

 

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1positions the applicant intends to use and the place where the
2organization gaming facility will operate. A person who
3knowingly makes a false statement on an application is guilty
4of a Class A misdemeanor.
5    Each applicant shall disclose the identity of every person
6or entity having a direct or indirect pecuniary interest
7greater than 1% in any racetrack with respect to which the
8license is sought. If the disclosed entity is a corporation,
9the applicant shall disclose the names and addresses of all
10officers, stockholders, and directors. If the disclosed entity
11is a limited liability company, the applicant shall disclose
12the names and addresses of all members and managers. If the
13disclosed entity is a partnership, the applicant shall
14disclose the names and addresses of all partners, both general
15and limited. If the disclosed entity is a trust, the applicant
16shall disclose the names and addresses of all beneficiaries.
17    An application shall be filed and considered in accordance
18with the rules of the Board. Each application for an
19organization gaming license shall include a nonrefundable
20application fee of $250,000. In addition, a nonrefundable fee
21of $50,000 shall be paid at the time of filing to defray the
22costs associated with background investigations conducted by
23the Board. If the costs of the background investigation exceed
24$50,000, the applicant shall pay the additional amount to the
25Board within 7 days after a request by the Board. If the costs
26of the investigation are less than $50,000, the applicant

 

 

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1shall receive a refund of the remaining amount. All
2information, records, interviews, reports, statements,
3memoranda, or other data supplied to or used by the Board in
4the course of this review or investigation of an applicant for
5an organization gaming license under this Act shall be
6privileged and strictly confidential and shall be used only
7for the purpose of evaluating an applicant for an organization
8gaming license or a renewal. Such information, records,
9interviews, reports, statements, memoranda, or other data
10shall not be admissible as evidence nor discoverable in any
11action of any kind in any court or before any tribunal, board,
12agency or person, except for any action deemed necessary by
13the Board. The application fee shall be deposited into the
14State Gaming Fund.
15    Any applicant or key person, including the applicant's
16owners, officers, directors (if a corporation), managers and
17members (if a limited liability company), and partners (if a
18partnership), for an organization gaming license shall submit
19with his or her application, on forms provided by the Board, 2
20sets of have his or her fingerprints. The board shall charge
21each applicant a fee set by submitted to the Illinois State
22Police to defray the costs associated with the search and
23classification of fingerprints obtained by the Board with
24respect to the applicant's application. The fees in an
25electronic format that complies with the form and manner for
26requesting and furnishing criminal history record information

 

 

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1as prescribed by the Illinois State Police. These fingerprints
2shall be checked against the Illinois State Police and Federal
3Bureau of Investigation criminal history record databases now
4and hereafter filed, including, but not limited to, civil,
5criminal, and latent fingerprint databases. The Illinois State
6Police shall charge applicants a fee for conducting the
7criminal history records check, which shall be deposited into
8the State Police Services Fund and shall not exceed the actual
9cost of the records check. The Illinois State Police shall
10furnish, pursuant to positive identification, records of
11Illinois criminal history to the Illinois State Police.
12    (b) The Board shall determine within 120 days after
13receiving an application for an organization gaming license
14whether to grant an organization gaming license to the
15applicant. If the Board does not make a determination within
16that time period, then the Board shall give a written
17explanation to the applicant as to why it has not reached a
18determination and when it reasonably expects to make a
19determination.
20    The organization gaming licensee shall purchase up to the
21amount of gaming positions authorized under this Act within
22120 days after receiving its organization gaming license. If
23an organization gaming licensee is prepared to purchase the
24gaming positions, but is temporarily prohibited from doing so
25by order of a court of competent jurisdiction or the Board,
26then the 120-day period is tolled until a resolution is

 

 

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1reached.
2    An organization gaming license shall authorize its holder
3to conduct gaming under this Act at its racetracks on the same
4days of the year and hours of the day that owners licenses are
5allowed to operate under approval of the Board.
6    An organization gaming license and any renewal of an
7organization gaming license shall authorize gaming pursuant to
8this Section for a period of 4 years. The fee for the issuance
9or renewal of an organization gaming license shall be
10$250,000.
11    All payments by licensees under this subsection (b) shall
12be deposited into the Rebuild Illinois Projects Fund.
13    (c) To be eligible to conduct gaming under this Section, a
14person or entity having operating control of a racetrack must
15(i) obtain an organization gaming license, (ii) hold an
16organization license under the Illinois Horse Racing Act of
171975, (iii) hold an inter-track wagering license, (iv) pay an
18initial fee of $30,000 per gaming position from organization
19gaming licensees where gaming is conducted in Cook County and,
20except as provided in subsection (c-5), $17,500 for
21organization gaming licensees where gaming is conducted
22outside of Cook County before beginning to conduct gaming plus
23make the reconciliation payment required under subsection (k),
24(v) conduct live racing in accordance with subsections (e-1),
25(e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act
26of 1975, (vi) meet the requirements of subsection (a) of

 

 

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1Section 56 of the Illinois Horse Racing Act of 1975, (vii) for
2organization licensees conducting standardbred race meetings,
3keep backstretch barns and dormitories open and operational
4year-round unless a lesser schedule is mutually agreed to by
5the organization licensee and the horsemen association racing
6at that organization licensee's race meeting, (viii) for
7organization licensees conducting thoroughbred race meetings,
8the organization licensee must maintain accident medical
9expense liability insurance coverage of $1,000,000 for
10jockeys, and (ix) meet all other requirements of this Act that
11apply to owners licensees.
12    An organization gaming licensee may enter into a joint
13venture with a licensed owner to own, manage, conduct, or
14otherwise operate the organization gaming licensee's
15organization gaming facilities, unless the organization gaming
16licensee has a parent company or other affiliated company that
17is, directly or indirectly, wholly owned by a parent company
18that is also licensed to conduct organization gaming, casino
19gaming, or their equivalent in another state.
20    All payments by licensees under this subsection (c) shall
21be deposited into the Rebuild Illinois Projects Fund.
22    (c-5) A person or entity having operating control of a
23racetrack located in Madison County shall only pay the initial
24fees specified in subsection (c) for 540 of the gaming
25positions authorized under the license.
26    (d) A person or entity is ineligible to receive an

 

 

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1organization gaming license if:
2        (1) the person or entity has been convicted of a
3    felony under the laws of this State, any other state, or
4    the United States, including a conviction under the
5    Racketeer Influenced and Corrupt Organizations Act;
6        (2) the person or entity has been convicted of any
7    violation of Article 28 of the Criminal Code of 2012, or
8    substantially similar laws of any other jurisdiction;
9        (3) the person or entity has submitted an application
10    for a license under this Act that contains false
11    information;
12        (4) the person is a member of the Board;
13        (5) a person defined in (1), (2), (3), or (4) of this
14    subsection (d) is an officer, director, or managerial
15    employee of the entity;
16        (6) the person or entity employs a person defined in
17    (1), (2), (3), or (4) of this subsection (d) who
18    participates in the management or operation of gambling
19    operations authorized under this Act; or
20        (7) a license of the person or entity issued under
21    this Act or a license to own or operate gambling
22    facilities in any other jurisdiction has been revoked.
23    (e) The Board may approve gaming positions pursuant to an
24organization gaming license statewide as provided in this
25Section. The authority to operate gaming positions under this
26Section shall be allocated as follows: up to 1,200 gaming

 

 

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1positions for any organization gaming licensee in Cook County
2and up to 900 gaming positions for any organization gaming
3licensee outside of Cook County.
4    (f) Each applicant for an organization gaming license
5shall specify in its application for licensure the number of
6gaming positions it will operate, up to the applicable
7limitation set forth in subsection (e) of this Section. Any
8unreserved gaming positions that are not specified shall be
9forfeited and retained by the Board. For the purposes of this
10subsection (f), an organization gaming licensee that did not
11conduct live racing in 2010 and is located within 3 miles of
12the Mississippi River may reserve up to 900 positions and
13shall not be penalized under this Section for not operating
14those positions until it meets the requirements of subsection
15(e) of this Section, but such licensee shall not request
16unreserved gaming positions under this subsection (f) until
17its 900 positions are all operational.
18    Thereafter, the Board shall publish the number of
19unreserved gaming positions and shall accept requests for
20additional positions from any organization gaming licensee
21that initially reserved all of the positions that were
22offered. The Board shall allocate expeditiously the unreserved
23gaming positions to requesting organization gaming licensees
24in a manner that maximizes revenue to the State. The Board may
25allocate any such unused gaming positions pursuant to an open
26and competitive bidding process, as provided under Section 7.5

 

 

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1of this Act. This process shall continue until all unreserved
2gaming positions have been purchased. All positions obtained
3pursuant to this process and all positions the organization
4gaming licensee specified it would operate in its application
5must be in operation within 18 months after they were obtained
6or the organization gaming licensee forfeits the right to
7operate those positions, but is not entitled to a refund of any
8fees paid. The Board may, after holding a public hearing,
9grant extensions so long as the organization gaming licensee
10is working in good faith to make the positions operational.
11The extension may be for a period of 6 months. If, after the
12period of the extension, the organization gaming licensee has
13not made the positions operational, then another public
14hearing must be held by the Board before it may grant another
15extension.
16    Unreserved gaming positions retained from and allocated to
17organization gaming licensees by the Board pursuant to this
18subsection (f) shall not be allocated to owners licensees
19under this Act.
20    For the purpose of this subsection (f), the unreserved
21gaming positions for each organization gaming licensee shall
22be the applicable limitation set forth in subsection (e) of
23this Section, less the number of reserved gaming positions by
24such organization gaming licensee, and the total unreserved
25gaming positions shall be the aggregate of the unreserved
26gaming positions for all organization gaming licensees.

 

 

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1    (g) An organization gaming licensee is authorized to
2conduct the following at a racetrack:
3        (1) slot machine gambling;
4        (2) video game of chance gambling;
5        (3) gambling with electronic gambling games as defined
6    in this Act or defined by the Illinois Gaming Board; and
7        (4) table games.
8    (h) Subject to the approval of the Illinois Gaming Board,
9an organization gaming licensee may make modification or
10additions to any existing buildings and structures to comply
11with the requirements of this Act. The Illinois Gaming Board
12shall make its decision after consulting with the Illinois
13Racing Board. In no case, however, shall the Illinois Gaming
14Board approve any modification or addition that alters the
15grounds of the organization licensee such that the act of live
16racing is an ancillary activity to gaming authorized under
17this Section. Gaming authorized under this Section may take
18place in existing structures where inter-track wagering is
19conducted at the racetrack or a facility within 300 yards of
20the racetrack in accordance with the provisions of this Act
21and the Illinois Horse Racing Act of 1975.
22    (i) An organization gaming licensee may conduct gaming at
23a temporary facility pending the construction of a permanent
24facility or the remodeling or relocation of an existing
25facility to accommodate gaming participants for up to 24
26months after the temporary facility begins to conduct gaming

 

 

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1authorized under this Section. Upon request by an organization
2gaming licensee and upon a showing of good cause by the
3organization gaming licensee, the Board shall extend the
4period during which the licensee may conduct gaming authorized
5under this Section at a temporary facility by up to 12 months.
6The Board shall make rules concerning the conduct of gaming
7authorized under this Section from temporary facilities.
8    The gaming authorized under this Section may take place in
9existing structures where inter-track wagering is conducted at
10the racetrack or a facility within 300 yards of the racetrack
11in accordance with the provisions of this Act and the Illinois
12Horse Racing Act of 1975.
13    (i-5) Under no circumstances shall an organization gaming
14licensee conduct gaming at any State or county fair.
15    (j) The Illinois Gaming Board must adopt emergency rules
16in accordance with Section 5-45 of the Illinois Administrative
17Procedure Act as necessary to ensure compliance with the
18provisions of this amendatory Act of the 101st General
19Assembly concerning the conduct of gaming by an organization
20gaming licensee. The adoption of emergency rules authorized by
21this subsection (j) shall be deemed to be necessary for the
22public interest, safety, and welfare.
23    (k) Each organization gaming licensee who obtains gaming
24positions must make a reconciliation payment 3 years after the
25date the organization gaming licensee begins operating the
26positions in an amount equal to 75% of the difference between

 

 

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1its adjusted gross receipts from gaming authorized under this
2Section and amounts paid to its purse accounts pursuant to
3item (1) of subsection (b) of Section 56 of the Illinois Horse
4Racing Act of 1975 for the 12-month period for which such
5difference was the largest, minus an amount equal to the
6initial per position fee paid by the organization gaming
7licensee. If this calculation results in a negative amount,
8then the organization gaming licensee is not entitled to any
9reimbursement of fees previously paid. This reconciliation
10payment may be made in installments over a period of no more
11than 6 years.
12    All payments by licensees under this subsection (k) shall
13be deposited into the Rebuild Illinois Projects Fund.
14    (l) As soon as practical after a request is made by the
15Illinois Gaming Board, to minimize duplicate submissions by
16the applicant, the Illinois Racing Board must provide
17information on an applicant for an organization gaming license
18to the Illinois Gaming Board.
19(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19;
20101-648, eff. 6-30-20; 102-538, eff. 8-20-21.)
 
21    (230 ILCS 10/22)  (from Ch. 120, par. 2422)
22    Sec. 22. Criminal history record information. Whenever the
23Board is authorized or required by law, including, but not
24limited to, requirements under Sections 6, 7, 7.4, 7.7, and 9
25of this Act, to consider some aspect of criminal history

 

 

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1record information for the purpose of carrying out its
2statutory powers and responsibilities, the Board shall, in the
3form and manner required by the Illinois State Police and the
4Federal Bureau of Investigation, cause to be conducted a
5criminal history record investigation to obtain any
6information currently or thereafter contained in the files of
7the Illinois State Police or the Federal Bureau of
8Investigation, including, but not limited to, civil, criminal,
9and latent fingerprint databases. To facilitate this
10investigation, the Board shall direct each Each applicant for
11occupational licensing under sections 6, 7, 7.4, 7.7, and
12Section 9 or key person as defined by the Board in
13administrative rules to shall submit his or her fingerprints
14to the Illinois State Police in the form and manner prescribed
15by the Illinois State Police. These fingerprints shall be
16checked against the fingerprint records now and hereafter
17filed in the Illinois State Police and Federal Bureau of
18Investigation criminal history records databases, including,
19but not limited to, civil, criminal, and latent fingerprint
20databases. The Illinois State Police shall charge a fee for
21conducting the criminal history records check, which shall be
22deposited in the State Police Services Fund and shall not
23exceed the actual cost of the records check. The Illinois
24State Police shall provide, on the Board's request,
25information concerning any criminal charges, and their
26disposition, currently or thereafter filed against any

 

 

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1applicant, key person, or holder of any license or for
2determinations of suitability. Information obtained as a
3result of an investigation under this Section shall be used in
4determining eligibility for any license. Upon request and
5payment of fees in conformance with the requirements of
6Section 2605-400 of the Illinois State Police Law, the
7Illinois State Police is authorized to furnish, pursuant to
8positive identification, such information contained in State
9files as is necessary to fulfill the request.
10(Source: P.A. 101-597, eff. 12-6-19; 102-538, eff. 8-20-21.)
 
11    Section 30. The Criminal Code of 2012 is amended by
12changing Sections 29B-7 and 29B-12 as follows:
 
13    (720 ILCS 5/29B-7)
14    Sec. 29B-7. Safekeeping of seized property pending
15disposition.
16    (a) If property is seized under this Article, the seizing
17agency shall promptly conduct an inventory of the seized
18property and estimate the property's value and shall forward a
19copy of the inventory of seized property and the estimate of
20the property's value to the Director. Upon receiving notice of
21seizure, the Director may:
22        (1) place the property under seal;
23        (2) remove the property to a place designated by the
24    Director;

 

 

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1        (3) keep the property in the possession of the seizing
2    agency;
3        (4) remove the property to a storage area for
4    safekeeping or, if the property is a negotiable instrument
5    or money and is not needed for evidentiary purposes,
6    deposit it in an interest bearing account;
7        (5) place the property under constructive seizure by
8    posting notice of pending forfeiture on it, by giving
9    notice of pending forfeiture to its owners and interest
10    holders, or by filing notice of pending forfeiture in any
11    appropriate public record relating to the property; or
12        (6) provide for another agency or custodian, including
13    an owner, secured party, or lienholder, to take custody of
14    the property upon the terms and conditions set by the
15    Director.
16    (b) When property is forfeited under this Article, the
17Director or the Director's designee shall sell all the
18property unless the property is required by law to be
19destroyed or is harmful to the public and shall distribute the
20proceeds of the sale, together with any moneys forfeited or
21seized, under Section 29B-26 of this Article.
22(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
23    (720 ILCS 5/29B-12)
24    Sec. 29B-12. Non-judicial forfeiture. If non-real
25property that exceeds $20,000 in value excluding the value of

 

 

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1any conveyance, or if real property is seized under the
2provisions of this Article, the State's Attorney shall
3institute judicial in rem forfeiture proceedings as described
4in Section 29B-13 of this Article within 28 days from receipt
5of notice of seizure from the seizing agency under Section
629B-8 of this Article. However, if non-real property that does
7not exceed $20,000 in value excluding the value of any
8conveyance is seized, the following procedure shall be used:
9        (1) If, after review of the facts surrounding the
10    seizure, the State's Attorney is of the opinion that the
11    seized property is subject to forfeiture, then, within 28
12    days after the receipt of notice of seizure from the
13    seizing agency, the State's Attorney shall cause notice of
14    pending forfeiture to be given to the owner of the
15    property and all known interest holders of the property in
16    accordance with Section 29B-10 of this Article.
17        (2) The notice of pending forfeiture shall include a
18    description of the property, the estimated value of the
19    property, the date and place of seizure, the conduct
20    giving rise to forfeiture or the violation of law alleged,
21    and a summary of procedures and procedural rights
22    applicable to the forfeiture action.
23        (3)(A) Any person claiming an interest in property
24    that is the subject of notice under paragraph (1) of this
25    Section, must, in order to preserve any rights or claims
26    to the property, within 45 days after the effective date

 

 

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1    of notice as described in Section 29B-10 of this Article,
2    file a verified claim with the State's Attorney expressing
3    his or her interest in the property. The claim shall set
4    forth:
5            (i) the caption of the proceedings as set forth on
6        the notice of pending forfeiture and the name of the
7        claimant;
8            (ii) the address at which the claimant will accept
9        mail;
10            (iii) the nature and extent of the claimant's
11        interest in the property;
12            (iv) the date, identity of the transferor, and
13        circumstances of the claimant's acquisition of the
14        interest in the property;
15            (v) the names and addresses of all other persons
16        known to have an interest in the property;
17            (vi) the specific provision of law relied on in
18        asserting the property is not subject to forfeiture;
19            (vii) all essential facts supporting each
20        assertion; and
21            (viii) the relief sought.
22        (B) If a claimant files the claim, then the State's
23    Attorney shall institute judicial in rem forfeiture
24    proceedings with the clerk of the court as described in
25    Section 29B-13 of this Article within 28 days after
26    receipt of the claim.

 

 

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1        (4) If no claim is filed within the 28-day period as
2    described in paragraph (3) of this Section, the State's
3    Attorney shall declare the property forfeited and shall
4    promptly notify the owner and all known interest holders
5    of the property and the Director of the Illinois State
6    Police of the declaration of forfeiture and the Director
7    or the Director's designee shall dispose of the property
8    in accordance with law.
9(Source: P.A. 102-538, eff. 8-20-21.)
 
10    Section 35. The Drug Asset Forfeiture Procedure Act is
11amended by changing Section 6 as follows:
 
12    (725 ILCS 150/6)  (from Ch. 56 1/2, par. 1676)
13    Sec. 6. Non-judicial forfeiture. If non-real property that
14exceeds $150,000 in value excluding the value of any
15conveyance, or if real property is seized under the provisions
16of the Illinois Controlled Substances Act, the Cannabis
17Control Act, or the Methamphetamine Control and Community
18Protection Act, the State's Attorney shall institute judicial
19in rem forfeiture proceedings as described in Section 9 of
20this Act within 28 days from receipt of notice of seizure from
21the seizing agency under Section 5 of this Act. However, if
22non-real property that does not exceed $150,000 in value
23excluding the value of any conveyance is seized, the following
24procedure shall be used:

 

 

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1        (A) If, after review of the facts surrounding the
2    seizure, the State's Attorney is of the opinion that the
3    seized property is subject to forfeiture, then, within 28
4    days of the receipt of notice of seizure from the seizing
5    agency, the State's Attorney shall cause notice of pending
6    forfeiture to be given to the owner of the property and all
7    known interest holders of the property in accordance with
8    Section 4 of this Act.
9        (B) The notice of pending forfeiture must include a
10    description of the property, the estimated value of the
11    property, the date and place of seizure, the conduct
12    giving rise to forfeiture or the violation of law alleged,
13    and a summary of procedures and procedural rights
14    applicable to the forfeiture action.
15         (C)(1) Any person claiming an interest in property
16    which is the subject of notice under subsection (A) of
17    this Section may, within 45 days after the effective date
18    of notice as described in Section 4 of this Act, file a
19    verified claim with the State's Attorney expressing his or
20    her interest in the property. The claim must set forth:
21            (i) the caption of the proceedings as set forth on
22        the notice of pending forfeiture and the name of the
23        claimant;
24            (ii) the address at which the claimant will accept
25        mail;
26            (iii) the nature and extent of the claimant's

 

 

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1        interest in the property;
2            (iv) the date, identity of the transferor, and
3        circumstances of the claimant's acquisition of the
4        interest in the property;
5            (v) the names and addresses of all other persons
6        known to have an interest in the property;
7            (vi) the specific provision of law relied on in
8        asserting the property is not subject to forfeiture;
9            (vii) all essential facts supporting each
10        assertion; and
11            (viii) the relief sought.
12        (2) If a claimant files the claim then the State's
13    Attorney shall institute judicial in rem forfeiture
14    proceedings within 28 days after receipt of the claim.
15        (D) If no claim is filed within the 45-day period as
16    described in subsection (C) of this Section, the State's
17    Attorney shall declare the property forfeited and shall
18    promptly notify the owner and all known interest holders
19    of the property and the Director of the Illinois State
20    Police of the declaration of forfeiture and the Director
21    or the Director's designee shall dispose of the property
22    in accordance with law.
23(Source: P.A. 102-538, eff. 8-20-21.)

 
24    Section 999. Effective date. This Act takes effect July 1,
252024.

 

 

HB5607- 32 -LRB103 36650 RJT 66759 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 4005/8.6
4    30 ILCS 105/5.946
5    30 ILCS 105/6z-106
6    30 ILCS 105/6z-125
7    105 ILCS 5/10-27.1A
8    105 ILCS 5/10-27.1B
9    215 ILCS 5/500-135
10    230 ILCS 10/7.7
11    230 ILCS 10/22from Ch. 120, par. 2422
12    720 ILCS 5/29B-7
13    720 ILCS 5/29B-12
14    725 ILCS 150/6from Ch. 56 1/2, par. 1676