Full Text of HB4758 95th General Assembly
HB4758ham001 95TH GENERAL ASSEMBLY
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Gaming Committee
Filed: 3/12/2008
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| AMENDMENT TO HOUSE BILL 4758
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| AMENDMENT NO. ______. Amend House Bill 4758 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Illinois State Fairgrounds Racetrack Authority Act.
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| Section 5. Definitions.
As used in this Act: | 7 |
| "Authority" means the Illinois State Fairgrounds Racetrack | 8 |
| Authority created by this
Act.
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| "Racing contractor" means any person or entity selected by | 10 |
| the Authority and approved by the Illinois Racing Board to | 11 |
| manage and operate the race meets and racing facility within | 12 |
| the Illinois State Fairgrounds pursuant to a contract.
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| "Executive director" means the person appointed by the | 14 |
| Board to oversee the
daily operations of the Authority.
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| Section 10. Creation of the Authority. There is hereby |
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| created a political subdivision, unit of local government with | 2 |
| only the powers authorized by law, body politic, and municipal | 3 |
| corporation, by the name and style of the Illinois State | 4 |
| Fairgrounds Racetrack Authority. | 5 |
| Section 15. Duties of the Authority. It shall be the duty | 6 |
| of the Authority to promote, operate, and maintain horse racing | 7 |
| operations through a racing contractor in the Illinois State | 8 |
| Fairgrounds as provided in this Act. The Authority shall equip | 9 |
| and maintain the fairgrounds and its buildings and facilities | 10 |
| for that purpose. The Authority has the right to contract with | 11 |
| a racing contractor and other third parties in order to fulfill | 12 |
| its purpose. The Authority is granted all rights and powers | 13 |
| necessary to perform such duties. | 14 |
| Section 20. Board. | 15 |
| (a) The governing and administrative powers of the | 16 |
| Authority is vested in a body consisting of 7 members, 2 of | 17 |
| which shall be appointed by the Chairman of the Sangamon County | 18 |
| Board with the advice and consent of the Sangamon County Board, | 19 |
| one of whom is appointed for an initial term of one year, and | 20 |
| one of whom is appointed for an initial term of 3 years; 2 of | 21 |
| which shall be appointed by the Mayor of the City of | 22 |
| Springfield with the advice and consent of the city council, | 23 |
| one of whom is appointed for an initial term of one year, and | 24 |
| one of whom is appointed for an initial term of 3 years; 2 of |
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| which shall be appointed by the Director of the Department of | 2 |
| Agriculture, one for an initial term of one year and one for an | 3 |
| initial term of 3 years; and one of which shall be appointed by | 4 |
| the Chairman of the Sangamon County Emergency Telephone Systems | 5 |
| Board for an initial term of 3 years. All appointees shall be | 6 |
| subject to approval by the Illinois Racing Board. The Chairman | 7 |
| of the Authority shall be elected annually by the Board.
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| (b) All successors shall hold office for a term of 5 years, | 9 |
| except in the case of an appointment to fill a vacancy. Each | 10 |
| member, including the chairperson, shall hold office until the | 11 |
| expiration of his or her term and until his or her successor is | 12 |
| appointed and qualified. Nothing shall preclude a member from | 13 |
| serving consecutive terms. Any member may resign from office, | 14 |
| to take effect when a successor has been appointed and | 15 |
| qualified. A vacancy in office shall occur in the case of a | 16 |
| member's death or indictment, conviction, or plea of guilty to | 17 |
| a felony. A vacancy shall be filled for the unexpired term with | 18 |
| the approval of the Illinois Racing Board. | 19 |
| (c) The appointing officer or the Illinois Racing Board may | 20 |
| remove any member of the Board upon a finding of incompetence, | 21 |
| neglect of duty, or misfeasance or malfeasance in office or for | 22 |
| a violation of this Act. The Illinois Racing Board may remove | 23 |
| any member of the Board for any violation of the Illinois Horse | 24 |
| Racing Act of 1975 or the rules and regulations of the Illinois | 25 |
| Racing Board. | 26 |
| (d) Board members shall receive $300 for each day it meets |
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| and
shall be entitled to reimbursement of reasonable expenses | 2 |
| incurred in the
performance of their official duties. A Board | 3 |
| member who serves in the office
of secretary-treasurer may also | 4 |
| receive compensation for services provided
as that officer. | 5 |
| (e) The Board shall prescribe the time and place for | 6 |
| meetings, the manner in which special meetings may be called, | 7 |
| and the notice that must be given to members. All actions and | 8 |
| meetings of the Board shall be subject to the provisions of the | 9 |
| Open Meetings Act. Four members of the Board shall constitute a | 10 |
| quorum. All substantive action of the Board shall be by | 11 |
| resolution with an affirmative vote of a majority of the | 12 |
| members.
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| Section 25. Executive director; officers. | 14 |
| (a) The Authority shall appoint
an executive director, | 15 |
| after the completion of a background investigation and approval | 16 |
| by the Illinois Racing Board, who shall be the chief executive | 17 |
| officer of the
Authority. The Board shall fix the compensation | 18 |
| of the executive director.
Subject to the general control of | 19 |
| the Board, the executive director shall be
responsible for the | 20 |
| management of the business, properties, and
employees of the | 21 |
| Authority. The executive director shall direct the
enforcement | 22 |
| of all resolutions, rules, and regulations of the Board, and | 23 |
| shall
perform such other duties as may be prescribed from
time | 24 |
| to time by the Board. All employees and independent | 25 |
| contractors,
consultants, engineers, architects, accountants, |
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| attorneys, financial experts,
construction experts and | 2 |
| personnel, superintendents, managers, and other
personnel | 3 |
| appointed or employed pursuant to this Act shall
report to the | 4 |
| executive director. In addition to any other duties set forth | 5 |
| in
this Act, the executive director shall do all of the | 6 |
| following:
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| (1) Direct and supervise the administrative affairs | 8 |
| and activities of the
Authority in accordance with its | 9 |
| rules, regulations, and policies.
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| (2) Attend meetings of the Board.
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| (3) Keep minutes of all proceedings of the Board.
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| (4) Approve all accounts for salaries, per diem | 13 |
| payments, and allowable
expenses of the Board and its | 14 |
| employees and consultants.
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| (5) Report and make recommendations to the Board | 16 |
| concerning the terms and
conditions of any contract with a | 17 |
| horse racing contractor.
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| (6) Perform any other duty that the Board requires for | 19 |
| carrying out the
provisions of this Act.
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| (7) Devote his or her full time to the duties of the | 21 |
| office and not hold
any other office or employment.
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| (b) The Board may select a secretary-treasurer to hold | 23 |
| office at the pleasure of the Board. The Board
shall fix the | 24 |
| duties of such officer.
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| Section 30. General rights and powers of the Authority. In |
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| addition to the duties and powers set forth in this Act, the | 2 |
| Authority shall have the following rights and powers: | 3 |
| (1) Transition the conduct of horse racing at the | 4 |
| Illinois State Fairgrounds from an annual race meeting that | 5 |
| is contained within the duration of the Illinois State Fair | 6 |
| to an annual standardbred race meeting that lasts from 3 to | 7 |
| 9 months, depending on funding and market conditions. | 8 |
| (2) Adopt and alter an official seal. | 9 |
| (3) Establish and change its fiscal year. | 10 |
| (4) Sue and be sued, plead and be impleaded, all in its | 11 |
| own name, and agree to binding arbitration of any dispute | 12 |
| to which it is a party. | 13 |
| (5) Adopt, amend, and repeal by-laws, rules, and | 14 |
| regulations consistent with the furtherance of the powers | 15 |
| and duties provided for. | 16 |
| (6) Maintain its principal office and such other | 17 |
| offices as the Board may designate. | 18 |
| (7) Conduct background investigations of potential | 19 |
| racing contractors, including its principals or | 20 |
| shareholders, and Authority staff. | 21 |
| (8) Employ, either as regular employees or independent | 22 |
| contractors, consultants, engineers, architects, | 23 |
| accountants, attorneys, financial experts, construction | 24 |
| experts and personnel, superintendents, managers and other | 25 |
| professional personnel, and such other personnel as may be | 26 |
| necessary in the judgment of the Board, and fix their |
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| compensation. | 2 |
| (9) Operate and maintain grounds, buildings, and | 3 |
| facilities to carry out its corporate purposes and duties. | 4 |
| (10) Enter into, revoke, and modify contracts. | 5 |
| (11) Enter into a contract with a racing contractor. | 6 |
| (12) Develop, or cause to be developed by a third | 7 |
| party, a master plan for development of horse racing at the | 8 |
| Illinois State Fairgrounds. | 9 |
| (13) Negotiate and enter into intergovernmental | 10 |
| agreements with the State and its agencies and units of | 11 |
| local government in furtherance of the powers and duties of | 12 |
| the Board, including with the Department of Agriculture for | 13 |
| the use of facilities in compliance with the State Fair | 14 |
| Act. | 15 |
| (14) Receive and disburse funds for its own corporate | 16 |
| purposes or as otherwise specified in this Act. | 17 |
| (15) Borrow money from any source, public or private, | 18 |
| for any corporate purpose, including, without limitation, | 19 |
| working capital for its operations, reserve funds, or | 20 |
| payment of interest, and to mortgage, pledge, or otherwise | 21 |
| encumber the property or funds of the Authority and to | 22 |
| contract with or engage the services of any person in | 23 |
| connection with any financing, including financial | 24 |
| institutions, issuers of letters of credit, or insurers and | 25 |
| enter into reimbursement agreements with this person or | 26 |
| entity which may be secured as if money were borrowed from |
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| the person or entity. | 2 |
| (16) Receive and accept from any source, private or | 3 |
| public, contributions, gifts, or grants of money or | 4 |
| property to the Authority. | 5 |
| (17) Provide for the insurance of any property, | 6 |
| operations, officers, members, agents, or employees of the | 7 |
| Authority against any risk or hazard, to self-insure or | 8 |
| participate in joint self-insurance pools or entities to | 9 |
| insure against such risk or hazard, and to provide for the | 10 |
| indemnification of its officers, members, employees, | 11 |
| contractors, or agents against any and all risks. | 12 |
| (18) Exercise all the corporate powers granted | 13 |
| Illinois corporations under the Business Corporation Act | 14 |
| of 1983, except to the extent that powers are inconsistent | 15 |
| with those of a body politic and corporate of the State. | 16 |
| (19) Do all things necessary or convenient to carry out | 17 |
| the powers granted by this Act.
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| Section 35. Contracts with racing contractors. | 19 |
| (a) The Board shall develop and administer a competitive | 20 |
| sealed bidding process
for the
selection of a potential racing | 21 |
| contractor to develop or operate horse racing at the Illinois | 22 |
| State Fairgrounds.
The Board shall issue one or more requests | 23 |
| for proposals. The Board may
establish minimum financial and | 24 |
| investment requirements to determine the
eligibility of | 25 |
| persons to respond to the Board's requests for proposal, and |
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| may
establish and consider such other criteria as it deems | 2 |
| appropriate. The Board
may impose a fee upon persons who | 3 |
| respond to requests for proposal, in order to
reimburse the | 4 |
| Board for its costs in preparing and issuing the requests and
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| reviewing the proposals.
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| (b) The Board may enter into contracts for the development | 7 |
| of horse racing at the Illinois State Fairgrounds, provided | 8 |
| that no such contract shall encumber the Department of | 9 |
| Agriculture.
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| (c) Within 5 days after the time limit for submitting bids | 11 |
| and proposals has passed, the Board shall make all bids and | 12 |
| proposals public. Thereafter, the Board shall evaluate the | 13 |
| responses to its requests for proposal and
the ability of all | 14 |
| persons or entities responding to its request for proposal
to | 15 |
| meet the requirements of this Act and to undertake and perform | 16 |
| the
obligations set forth in its requests for proposal.
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| (d) After reviewing proposals and subject to approval by | 18 |
| the Illinois Racing Board, the Board shall enter into a | 19 |
| contract. If the Illinois Racing Board approves the contract, | 20 |
| the Board shall transmit a copy of the executed contract to the | 21 |
| Illinois Racing Board. | 22 |
| (e) Any contract entered into by the Authority under this | 23 |
| Section after electronic gaming is authorized at the Illinois | 24 |
| State Fairgrounds under the Illinois Horse Racing Act of 1975 | 25 |
| and the Riverboat Gambling Act (i) may not be for a term of | 26 |
| less than 10 or more than 20 years and (ii) shall require the |
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| racing contractor to make a payment before the racing | 2 |
| contractor may begin conducting electronic gaming at the | 3 |
| Illinois State Fairgrounds in an amount of at least 50% of the | 4 |
| present value of any total compensation expected to be paid by | 5 |
| the racing contractor to the Authority and the amount paid | 6 |
| shall be discounted from future payments made by the racing | 7 |
| contractor to the Authority. Any payment received by the | 8 |
| Authority under this subsection (e) must be distributed as | 9 |
| follows: 66 2/3% shall be paid to the Department of Agriculture | 10 |
| for deposit into the State Fairgrounds Infrastructure | 11 |
| Improvement Fund and 33 1/3% shall be paid to the Sangamon | 12 |
| County Central Dispatch System.
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| Section 37. Relationship with Illinois Racing Board. The | 14 |
| Authority and its racing contractor are subject to all of the | 15 |
| rules of the Illinois Racing Board adopted under the Illinois | 16 |
| Horse Racing Act of 1975. | 17 |
| Section 40. Transfer of funds. The revenues received by | 18 |
| the Authority (other than amounts required to be paid pursuant | 19 |
| to the Illinois Horse Racing Act of 1975 and amounts required | 20 |
| to pay the
operating expenses of the Authority, to pay amounts | 21 |
| due the racing contractor pursuant to a contract, and to repay | 22 |
| any borrowing of the Authority
made pursuant to Section 30) | 23 |
| shall
be transferred
to the General Revenue Fund.
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| Section 45. Jurisdiction over property. The Authority | 2 |
| shall have concurrent jurisdiction with the Department of | 3 |
| Agriculture over all of the real estate of the Illinois State | 4 |
| Fairgrounds that is used for horse racing, including those | 5 |
| facilities commonly known as "one-mile track" and adjacent | 6 |
| backstretch infrastructure; however, when it is necessary to | 7 |
| have controlling jurisdiction over the operation of the | 8 |
| property to obey a mandate of the Illinois Racing Board, the | 9 |
| Authority shall have controlling jurisdiction, except that no | 10 |
| such compliance by the Authority to any mandate imposed by the | 11 |
| Racing Board shall impose any budgetary expense upon the | 12 |
| Department of Agriculture. No substantial changes may be made | 13 |
| to the infrastructure of the Illinois State Fairgrounds unless | 14 |
| the Director of Agriculture grants affirmative approval for the | 15 |
| changes. | 16 |
| Section 50. Budgets and reporting.
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| (a) The Board shall annually adopt a budget for each
fiscal | 18 |
| year. The budget may be modified from time to time in the same | 19 |
| manner
and upon the same vote as it may be adopted. The budget | 20 |
| shall include the
Authority's available funds and estimated | 21 |
| revenues and shall provide for
payment of its obligations and | 22 |
| estimated expenditures for the fiscal year,
including, without | 23 |
| limitation, expenditures for administration, operation,
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| maintenance and repairs, debt service, and deposits into | 25 |
| reserve and other
funds
and capital projects.
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| (b) The Board shall annually cause the finances of the | 2 |
| Authority to be
audited by a firm of certified public | 3 |
| accountants and post the firm's audits of the Authority on the | 4 |
| Authority's Internet website. The Auditor General has the | 5 |
| authority and is required to conduct a financial and management | 6 |
| audit of the Authority every 2 years. The Auditor General's | 7 |
| audits must be posted on his or her Internet website. The | 8 |
| Auditor General shall submit a bill to the Authority for costs | 9 |
| associated with the audits required under this Section. The | 10 |
| Authority shall reimburse in a timely manner.
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| (c) The Board shall, for each fiscal year, prepare an | 12 |
| annual report
setting forth information concerning its | 13 |
| activities in the fiscal year. The annual report shall include | 14 |
| the
audited financial statements of the Authority for the | 15 |
| fiscal year, the budget
for the succeeding fiscal year, and the | 16 |
| current capital plan as of the date of
the report. Copies of | 17 |
| the annual report shall be made available to persons who
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| request them and shall be submitted not later than 120 days | 19 |
| after the end of
the Authority's fiscal year to the Governor, | 20 |
| the Mayor, the General Assembly, and the Commission on | 21 |
| Government Forecasting and Accountability.
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| Section 55. Deposit and withdrawal of funds. | 23 |
| (a) All funds deposited by the Authority in any bank or | 24 |
| savings and loan
association shall be placed in the name of the | 25 |
| Authority and shall be withdrawn
or paid out only by check or |
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| draft upon the bank or savings and loan
association, signed by | 2 |
| 2 officers or employees designated by the Board.
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| Notwithstanding any other provision of this Section, the Board | 4 |
| may designate
any of its members or any officer or employee of | 5 |
| the Authority to authorize the
wire transfer of funds deposited | 6 |
| by the secretary-treasurer of funds in a bank
or savings and | 7 |
| loan association for the payment of payroll and employee
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| benefits-related expenses.
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| No bank or savings and loan association shall receive | 10 |
| public funds as
permitted by this Section unless it has | 11 |
| complied with the requirements
established pursuant to Section | 12 |
| 6 of the Public
Funds Investment Act.
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| (b) If any officer or employee whose signature appears upon | 14 |
| any check
or draft issued pursuant to this Act ceases (after | 15 |
| attaching his signature) to
hold his or her office before the | 16 |
| delivery of such a check or draft to the
payee, his or her | 17 |
| signature shall nevertheless be valid and sufficient for all
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| purposes with the same effect as if he or she had remained in | 19 |
| office until
delivery thereof.
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| Section 60. Contracts with the Authority; disclosure | 21 |
| requirements. | 22 |
| (a) A bidder, offeror, or contractor must disclose the | 23 |
| names of all officers and directors. A bidder, offeror, or | 24 |
| contractor for contracts with the Authority shall disclose the | 25 |
| identity of every owner, beneficiary, or person with beneficial |
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| interest of more than 1%, or shareholder entitled to receive | 2 |
| more than 1% of the total distributable income of any | 3 |
| corporation, having any interest in the contract in the bidder, | 4 |
| offeror, or contractor. The disclosure shall be in writing and | 5 |
| attested to by an owner, trustee, corporate official, or agent. | 6 |
| If stock in a corporation is publicly traded and there is no | 7 |
| readily known individual having greater than a 1% interest, | 8 |
| then a statement to that affect attested to by an officer or | 9 |
| agent of the corporation or shall fulfill the disclosure | 10 |
| statement requirement of this Section. A bidder, offeror, or | 11 |
| contractor shall notify the Authority of any changes in | 12 |
| officers, directors, ownership, or individuals having a | 13 |
| beneficial interest of more than 1%. | 14 |
| (b) A bidder, offeror, or contractor for contracts with an | 15 |
| annual value of $10,000 or for a period to exceed one year | 16 |
| shall disclose all political contributions of the bidder, | 17 |
| offeror, or contractor and any affiliated person or entity. | 18 |
| Disclosure shall include at least the names and addresses of | 19 |
| the contributors and the dollar amounts of any contributions to | 20 |
| any political committee made within the previous 2 years. | 21 |
| (c) As used in this Section: | 22 |
| "Contribution" means contribution as defined in Section | 23 |
| 9-1.4 the Election Code. | 24 |
| "Affiliated person" means (i) any person with any ownership | 25 |
| interest or distributive share of the bidding or contracting | 26 |
| entity in excess of 1%, (ii) executive employees of the bidding |
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| or contracting entity, and (iii) the spouse and minor children | 2 |
| of any such persons. | 3 |
| "Affiliated entity" means (i) any parent or subsidiary of | 4 |
| the bidding or contracting entity, (ii) any member of the same | 5 |
| unitary business group, or (iii) any political committee for | 6 |
| which the bidding or contracting entity is the sponsoring | 7 |
| entity. | 8 |
| (d) The Illinois Racing Board may direct the Authority to | 9 |
| void a contract if a violation of this Section occurs. | 10 |
| Section 65. Purchasing. | 11 |
| (a) All construction contracts and contracts for supplies, | 12 |
| materials,
equipment, and services,
when the cost thereof to | 13 |
| the Authority exceeds $25,000, shall be let to
the lowest | 14 |
| responsible bidder, after advertising for bids, except for the
| 15 |
| following:
| 16 |
| (1) When repair parts, accessories, equipment, or | 17 |
| services are required
for
equipment or services previously | 18 |
| furnished or contracted for;
| 19 |
| (2) Professional services;
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| (3) When services such as water, light, heat, power, | 21 |
| telephone (other than
long-distance service), or telegraph | 22 |
| are required;
| 23 |
| (4) When contracts for the use, purchase, delivery, | 24 |
| movement, or
installation of data processing equipment, | 25 |
| software, or services and
telecommunications equipment,
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| software, and services are required;
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| (5) Contracts with a racing contractor, which shall be | 3 |
| awarded as
set forth in Section 35 of this Act.
| 4 |
| (b) All contracts involving less than $25,000 shall be let | 5 |
| by competitive
bidding whenever possible, and in any event in a | 6 |
| manner calculated to ensure
the best interests of the public.
| 7 |
| (c) In determining the responsibility of any bidder, the | 8 |
| Authority may take
into account the bidder's (or an individual | 9 |
| having a beneficial interest,
directly or indirectly, of more | 10 |
| than 1% in such bidding entity) past record of
dealings with | 11 |
| the Authority, the bidder's experience, adequacy of equipment,
| 12 |
| and ability to complete performance within the time set, and | 13 |
| other factors
besides financial responsibility. No such | 14 |
| contract shall be awarded to any bidder other than the lowest | 15 |
| bidder (in case of purchase or
expenditure) unless authorized | 16 |
| or approved by a vote of at least 4 members of
the Board and | 17 |
| such action is accompanied by a written statement setting forth | 18 |
| the reasons for not awarding the contract to the highest or
| 19 |
| lowest bidder, as the case
may be. The statement shall be kept | 20 |
| on file in the principal office of the
Authority and open to | 21 |
| public inspection.
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| (d) The Authority shall have the right to reject all bids | 23 |
| and to
re-advertise for bids. If after
any such | 24 |
| re-advertisement, no responsible and satisfactory bid, within | 25 |
| the
terms of the re-advertisement, is received, the Authority | 26 |
| may award such
contract without competitive bidding, provided |
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| that the Illinois Racing Board must approve the contract prior | 2 |
| to its execution. The contract must not be less
advantageous to | 3 |
| the Authority than any valid bid received pursuant to
| 4 |
| advertisement.
| 5 |
| (e) Advertisements for bids and re-bids shall be published | 6 |
| at least once in
a daily newspaper of general circulation | 7 |
| published in the City of Springfield
at least 10 calendar days | 8 |
| before the time for
receiving bids, and such advertisements | 9 |
| shall also be posted on readily
accessible bulletin boards in | 10 |
| the principal office of the Authority. Such
advertisements | 11 |
| shall state the time and
place for receiving and opening of | 12 |
| bids and, by reference to plans and
specifications on file at | 13 |
| the time of the first publication or in the
advertisement | 14 |
| itself, shall describe the character of the proposed contract | 15 |
| in
sufficient detail to fully advise prospective bidders of | 16 |
| their obligations and
to ensure free and open competitive | 17 |
| bidding.
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| (f) All bids in response to advertisements shall be sealed | 19 |
| and shall be
publicly opened by the Authority. All bidders | 20 |
| shall be entitled to be present
in person or by | 21 |
| representatives. Cash or a certified or satisfactory cashier's
| 22 |
| check, as a deposit of good faith, in a reasonable amount to be | 23 |
| fixed by the
Authority before advertising for bids, shall be | 24 |
| required with the proposal of
each bidder. A bond for faithful | 25 |
| performance of the contract with surety or
sureties | 26 |
| satisfactory to the
Authority and adequate insurance may be |
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| 1 |
| required in reasonable amounts to be
fixed by the Authority | 2 |
| before advertising for bids.
| 3 |
| (g) The contract shall be awarded as promptly as possible | 4 |
| after the opening
of bids. The bid of the successful bidder, as | 5 |
| well as the bids of the
unsuccessful bidders, shall be placed | 6 |
| on file and be open to public inspection.
All bids shall be | 7 |
| void if any disclosure of the terms of any bid in response
to | 8 |
| an advertisement is made or permitted to be made by the | 9 |
| Authority before the
time fixed for opening bids.
| 10 |
| (h) Notice of each and every contract that is
offered, | 11 |
| including renegotiated contracts and change orders,
shall be | 12 |
| published in an online bulletin. The online bulletin must | 13 |
| include at least the date first offered,
the date submission of | 14 |
| offers is due, the location that offers are to be
submitted to, | 15 |
| a brief purchase description, the method of source selection,
| 16 |
| information of how to obtain a comprehensive purchase | 17 |
| description and any
disclosure and contract forms, and | 18 |
| encouragement to prospective vendors to hire qualified | 19 |
| veterans, as defined by Section 45-67 of the Illinois | 20 |
| Procurement Code, and Illinois residents discharged from any | 21 |
| Illinois adult correctional center. Notice of each and every | 22 |
| contract that is let
or awarded, including renegotiated | 23 |
| contracts and change orders, shall be
published in the online | 24 |
| bulletin and
must include at least all of the
information | 25 |
| specified in this item (j), as well as the name of the | 26 |
| successful
responsible bidder or offeror, the contract price, |
|
|
|
09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
|
| 1 |
| and the number of unsuccessful
responsive bidders and any other | 2 |
| disclosure specified in this Section. This notice must be | 3 |
| posted in the online electronic bulletin prior to execution of | 4 |
| the contract.
| 5 |
| Section 70. No authority to make or promulgate rules. | 6 |
| Notwithstanding any other rulemaking authority that may exist, | 7 |
| neither the Governor nor any agency or agency head under the | 8 |
| jurisdiction of the Governor has any authority to make or | 9 |
| promulgate rules to implement or enforce the provisions of this | 10 |
| Act. If, however, the Governor believes that rules are | 11 |
| necessary to implement or enforce the provisions of this Act, | 12 |
| the Governor may suggest rules to the General Assembly by | 13 |
| filing them with the Clerk of the House and Secretary of the | 14 |
| Senate and by requesting that the General Assembly authorize | 15 |
| such rulemaking by law, enact those suggested rules into law, | 16 |
| or take any other appropriate action in the General Assembly's | 17 |
| discretion. Nothing contained in this Act shall be interpreted | 18 |
| to grant rulemaking authority under any other Illinois statute | 19 |
| where such authority is not otherwise explicitly given. For the | 20 |
| purposes of this Act, "rules" is given the meaning contained in | 21 |
| Section 1-70 of the Illinois Administrative Procedure Act, and | 22 |
| "agency" and "agency head" are given the meanings contained in | 23 |
| Sections 1-20 and 1-25 of the Illinois Administrative Procedure | 24 |
| Act to the extent that such definitions apply to agencies or | 25 |
| agency heads under the jurisdiction of the Governor. |
|
|
|
09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
|
| 1 |
| Section 900. The State Fair Act is amended by changing | 2 |
| Sections 10 and 12 as follows:
| 3 |
| (20 ILCS 210/10) (from Ch. 127, par. 1710)
| 4 |
| Sec. 10. The Department may enter into contracts with other | 5 |
| government
agencies to assist them in the operation of each | 6 |
| State Fair and the State
Fairgrounds as well as the | 7 |
| requirements set forth in Section 9 of this Act.
| 8 |
| The Department may cooperate with any other local, State or | 9 |
| federal agency
in the furtherance of the intent of this Act.
| 10 |
| The Department may receive and use any donation either from | 11 |
| the private
or public sectors which is for betterment of each | 12 |
| State Fair
and the State Fairgrounds.
| 13 |
| All revenues from the operation and use of any facilities | 14 |
| of the Illinois
State Fair at Springfield and the Springfield | 15 |
| State
Fairgrounds , other than revenues from horse racing | 16 |
| conducted at the Springfield State Fairgrounds by the Illinois | 17 |
| State Fairgrounds Racetrack Authority, shall be deposited in | 18 |
| the Illinois State Fair Fund. All revenues
from the operation | 19 |
| and use of any facilities of the DuQuoin State Fair and the
| 20 |
| DuQuoin State Fairgrounds shall be deposited into the | 21 |
| Agricultural Premium
Fund. All funds in the Illinois State Fair | 22 |
| Fund shall be used by the
Department of Agriculture in | 23 |
| accordance with appropriation by the General
Assembly for | 24 |
| operation of the Illinois State Fair.
|
|
|
|
09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
|
| 1 |
| Notwithstanding any other rulemaking authority that may | 2 |
| exist, neither the Governor nor any agency or agency head under | 3 |
| the jurisdiction of the Governor has any authority to make or | 4 |
| promulgate rules to implement or enforce the provisions of this | 5 |
| amendatory Act of the 95th General Assembly. If, however, the | 6 |
| Governor believes that rules are necessary to implement or | 7 |
| enforce the provisions of this amendatory Act of the 95th | 8 |
| General Assembly, the Governor may suggest rules to the General | 9 |
| Assembly by filing them with the Clerk of the House and the | 10 |
| Secretary of the Senate and by requesting that the General | 11 |
| Assembly authorize such rulemaking by law, enact those | 12 |
| suggested rules into law, or take any other appropriate action | 13 |
| in the General Assembly's discretion. Nothing contained in this | 14 |
| amendatory Act of the 95th General Assembly shall be | 15 |
| interpreted to grant rulemaking authority under any other | 16 |
| Illinois statute where such authority is not otherwise | 17 |
| explicitly given. For the purposes of this amendatory Act of | 18 |
| the 95th General Assembly, "rules" is given the meaning | 19 |
| contained in Section 1-70 of the Illinois Administrative | 20 |
| Procedure Act, and "agency" and "agency head" are given the | 21 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 22 |
| Administrative Procedure Act to the extent that such | 23 |
| definitions apply to agencies or agency heads under the | 24 |
| jurisdiction of the Governor. | 25 |
| (Source: P.A. 88-5.)
|
|
|
|
09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
|
| 1 |
| (20 ILCS 210/12) (from Ch. 127, par. 1712)
| 2 |
| Sec. 12. The Department shall have the power to promulgate | 3 |
| rules and
regulations, pursuant to the Illinois Administrative | 4 |
| Procedure Act, governing the holding of each State Fair, the | 5 |
| operation of the
State Fairgrounds, the conditions under which | 6 |
| racing shall be permitted on
the State Fairgrounds, the policy | 7 |
| for policing the grounds , and such other
reasonable rules and | 8 |
| regulations as are necessary to carry out the intent of the | 9 |
| Act. However, the Department shall not be required to | 10 |
| promulgate rules and regulations pursuant to the Illinois | 11 |
| Administrative Procedure Act concerning those operations | 12 |
| stated in subsections (b) and (c) of Section 6 of this Act. | 13 |
| Instead, the requirements set forth in subsections (b) and (c) | 14 |
| of Section 6 must be followed.
| 15 |
| Notwithstanding any other rulemaking authority that may | 16 |
| exist, neither the Governor nor any agency or agency head under | 17 |
| the jurisdiction of the Governor has any authority to make or | 18 |
| promulgate rules to implement or enforce the provisions of this | 19 |
| amendatory Act of the 95th General Assembly. If, however, the | 20 |
| Governor believes that rules are necessary to implement or | 21 |
| enforce the provisions of this amendatory Act of the 95th | 22 |
| General Assembly, the Governor may suggest rules to the General | 23 |
| Assembly by filing them with the Clerk of the House and the | 24 |
| Secretary of the Senate and by requesting that the General | 25 |
| Assembly authorize such rulemaking by law, enact those | 26 |
| suggested rules into law, or take any other appropriate action |
|
|
|
09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
|
| 1 |
| in the General Assembly's discretion. Nothing contained in this | 2 |
| amendatory Act of the 95th General Assembly shall be | 3 |
| interpreted to grant rulemaking authority under any other | 4 |
| Illinois statute where such authority is not otherwise | 5 |
| explicitly given. For the purposes of this amendatory Act of | 6 |
| the 95th General Assembly, "rules" is given the meaning | 7 |
| contained in Section 1-70 of the Illinois Administrative | 8 |
| Procedure Act, and "agency" and "agency head" are given the | 9 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 10 |
| Administrative Procedure Act to the extent that such | 11 |
| definitions apply to agencies or agency heads under the | 12 |
| jurisdiction of the Governor. | 13 |
| (Source: P.A. 93-1055, eff. 11-23-04.)
| 14 |
| Section 905. The State Finance Act is amended by adding | 15 |
| Sections 5.708 and 6z-80 as follows: | 16 |
| (30 ILCS 105/5.708 new) | 17 |
| Sec. 5.708. The State Fairgrounds Infrastructure | 18 |
| Improvement Fund. | 19 |
| (30 ILCS 105/6z-80 new)
| 20 |
| Sec. 6z-80. The State Fairgrounds Infrastructure | 21 |
| Improvement Fund. There is created the State Fairgrounds | 22 |
| Infrastructure Improvement Fund, a special fund in the State | 23 |
| treasury. Moneys in the Fund may be used by the Department of |
|
|
|
09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
|
| 1 |
| Agriculture solely for infrastructure improvements to the | 2 |
| Illinois State Fairgrounds in Sangamon County. The State | 3 |
| Fairgrounds Infrastructure Improvement Fund is not subject to | 4 |
| sweeps, administrative charge-backs, including but not limited | 5 |
| to, those authorized under Section 8h of the State Finance Act, | 6 |
| or any other fiscal or budgetary maneuver that would in any way | 7 |
| transfer any funds from the Fund into any other fund of the | 8 |
| State.
| 9 |
| Section 910. The Illinois Horse Racing Act of 1975 is | 10 |
| amended by changing Section 9 as follows:
| 11 |
| (230 ILCS 5/9) (from Ch. 8, par. 37-9)
| 12 |
| Sec. 9. The Board shall have all powers necessary and | 13 |
| proper to fully and
effectively execute the provisions of this | 14 |
| Act, including, but not
limited to, the following:
| 15 |
| (a) The Board is vested with jurisdiction and supervision | 16 |
| over all race
meetings in this State, over all licensees doing | 17 |
| business
in this
State, over all occupation licensees, and over | 18 |
| all persons on the
facilities of any licensee. Such | 19 |
| jurisdiction shall
include the power to issue licenses to the | 20 |
| Illinois Department of
Agriculture authorizing the pari-mutuel | 21 |
| system of wagering
on harness and Quarter Horse races held (1) | 22 |
| at the Illinois State Fair in
Sangamon County, and (2) at the | 23 |
| DuQuoin State Fair in Perry County. The
jurisdiction of the | 24 |
| Board shall also include the power to issue licenses to
county |
|
|
|
09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
|
| 1 |
| fairs which are eligible to receive funds pursuant to the
| 2 |
| Agricultural Fair Act, as now or hereafter amended, or their | 3 |
| agents,
authorizing the pari-mutuel system of wagering on horse
| 4 |
| races
conducted at the county fairs receiving such licenses. | 5 |
| Such licenses shall be
governed by subsection (n) of this | 6 |
| Section.
| 7 |
| Upon application, the Board shall issue a license to the | 8 |
| Illinois Department
of Agriculture to conduct harness and | 9 |
| Quarter Horse races at the Illinois State
Fair and at the | 10 |
| DuQuoin State Fairgrounds
during the scheduled dates of each | 11 |
| fair. The Board shall not require and the
Department of | 12 |
| Agriculture shall be exempt from the requirements of Sections
| 13 |
| 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), | 14 |
| (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 | 15 |
| and 25. The Board and the Department
of
Agriculture may extend | 16 |
| any or all of these exemptions to any contractor or
agent | 17 |
| engaged by the Department of Agriculture to conduct its race | 18 |
| meetings
when the Board determines that this would best serve | 19 |
| the public interest and
the interest of horse racing.
| 20 |
| Upon application, the Board shall issue a license to the | 21 |
| Illinois State Fairgrounds Racetrack Authority authorizing the | 22 |
| pari-mutuel system of wagering on live harness and Quarter | 23 |
| Horse races, inter-track wagering, simulcast wagering, and | 24 |
| advanced deposit wagering (if otherwise authorized by law) | 25 |
| through a racing contractor, as that term is defined in the | 26 |
| Illinois State Fairgrounds Racetrack Authority Act, for up 9 |
|
|
|
09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
|
| 1 |
| months of each year at the Illinois State Fairgrounds in | 2 |
| Sangamon County. Revenues received by the Board from this | 3 |
| license shall be deposited into the General Revenue Fund. | 4 |
| Notwithstanding any provision of law to the contrary, it | 5 |
| shall be lawful for
any licensee to operate pari-mutuel | 6 |
| wagering
or
contract with the Department of Agriculture to | 7 |
| operate pari-mutuel wagering at
the DuQuoin State Fairgrounds | 8 |
| or for the Department to enter into contracts
with a licensee, | 9 |
| employ its owners,
employees
or
agents and employ such other | 10 |
| occupation licensees as the Department deems
necessary in | 11 |
| connection with race meetings and wagerings.
| 12 |
| (b) The Board is vested with the full power to promulgate | 13 |
| reasonable
rules and regulations for the purpose of | 14 |
| administering the provisions of
this Act and to prescribe | 15 |
| reasonable rules, regulations and conditions
under which all | 16 |
| horse race meetings or wagering in the State shall be
| 17 |
| conducted. Such reasonable rules and regulations are to provide | 18 |
| for the
prevention of practices detrimental to the public | 19 |
| interest and to promote the best
interests of horse racing and | 20 |
| to impose penalties for violations thereof.
| 21 |
| (c) The Board, and any person or persons to whom it | 22 |
| delegates
this power, is vested with the power to enter the | 23 |
| facilities and other places of business of any licensee to | 24 |
| determine whether there has been compliance with
the provisions | 25 |
| of this Act and its rules and regulations.
| 26 |
| (d) The Board, and any person or persons to whom it |
|
|
|
09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
|
| 1 |
| delegates this
power, is vested with the authority to | 2 |
| investigate alleged violations of
the provisions of this Act, | 3 |
| its reasonable rules and regulations, orders
and final | 4 |
| decisions; the Board shall take appropriate disciplinary | 5 |
| action
against any licensee or occupation licensee for | 6 |
| violation
thereof or
institute appropriate legal action for the | 7 |
| enforcement thereof.
| 8 |
| (e) The Board, and any person or persons to whom it | 9 |
| delegates this power,
may eject or exclude from any race | 10 |
| meeting or
the facilities of any licensee, or any part
thereof, | 11 |
| any occupation licensee or any
other individual whose conduct | 12 |
| or reputation is such that his presence on
those facilities | 13 |
| may, in the opinion of the Board, call into question
the | 14 |
| honesty and integrity of horse racing or wagering or interfere | 15 |
| with the
orderly
conduct of horse racing or wagering; provided, | 16 |
| however, that no person
shall be
excluded or ejected from the | 17 |
| facilities of any licensee solely on the grounds of
race, | 18 |
| color, creed, national origin, ancestry, or sex. The power to | 19 |
| eject
or exclude an occupation licensee or other individual may
| 20 |
| be exercised for just cause by the licensee or the Board, | 21 |
| subject to subsequent hearing by the
Board as to the propriety | 22 |
| of said exclusion.
| 23 |
| (f) The Board is vested with the power to acquire,
| 24 |
| establish, maintain and operate (or provide by contract to
| 25 |
| maintain and operate) testing laboratories and related | 26 |
| facilities,
for the purpose of conducting saliva, blood, urine |
|
|
|
09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
|
| 1 |
| and other tests on the
horses run or to be run in any horse race | 2 |
| meeting and to purchase all
equipment and supplies deemed | 3 |
| necessary or desirable in connection with
any such testing | 4 |
| laboratories and related facilities and all such tests.
| 5 |
| (g) The Board may require that the records, including | 6 |
| financial or other
statements of any licensee or any person | 7 |
| affiliated with the licensee who is
involved directly or | 8 |
| indirectly in the activities of any licensee as regulated
under | 9 |
| this Act to the extent that those financial or other statements | 10 |
| relate to
such activities be kept in
such manner as prescribed | 11 |
| by the Board, and that Board employees shall have
access to | 12 |
| those records during reasonable business
hours. Within 120 days | 13 |
| of the end of its fiscal year, each licensee shall
transmit to
| 14 |
| the Board
an audit of the financial transactions and condition | 15 |
| of the licensee's total
operations. All audits shall be | 16 |
| conducted by certified public accountants.
Each certified | 17 |
| public accountant must be registered in the State of Illinois
| 18 |
| under the Illinois Public Accounting Act. The compensation for | 19 |
| each certified
public accountant shall be paid directly by the | 20 |
| licensee to the certified
public accountant. A licensee shall | 21 |
| also submit any other financial or related
information the | 22 |
| Board deems necessary to effectively administer this Act and
| 23 |
| all rules, regulations, and final decisions promulgated under | 24 |
| this Act.
| 25 |
| (h) The Board shall name and appoint in the manner provided | 26 |
| by the rules
and regulations of the Board: an Executive |
|
|
|
09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
|
| 1 |
| Director; a State director
of mutuels; Illinois Racing Board | 2 |
| State veterinarians and representatives to take saliva, blood,
| 3 |
| urine and other tests on horses; licensing personnel; revenue
| 4 |
| inspectors; and State seasonal employees (excluding admission | 5 |
| ticket
sellers and mutuel clerks). All of those named and | 6 |
| appointed as provided
in this subsection shall serve during the | 7 |
| pleasure of the Board; their
compensation shall be determined | 8 |
| by the Board and be paid in the same
manner as other employees | 9 |
| of the Board under this Act.
| 10 |
| (i) The Board shall require that there shall be 3 stewards | 11 |
| at each horse
race meeting, at least 2 of whom shall be named | 12 |
| and appointed by the Board.
Stewards appointed or approved by | 13 |
| the Board, while performing duties
required by this Act or by | 14 |
| the Board, shall be entitled to the same rights
and immunities | 15 |
| as granted to Board members and Board employees in Section
10 | 16 |
| of this Act.
| 17 |
| (j) The Board may discharge any Board employee
who fails or | 18 |
| refuses for any reason to comply with the rules and
regulations | 19 |
| of the Board, or who, in the opinion of the Board,
is guilty of | 20 |
| fraud, dishonesty or who is proven to be incompetent.
The Board | 21 |
| shall have no right or power to determine who shall be | 22 |
| officers,
directors or employees of any licensee, or their | 23 |
| salaries
except the Board may, by rule, require that all or any | 24 |
| officials or
employees in charge of or whose duties relate to | 25 |
| the actual running of
races be approved by the Board.
| 26 |
| (k) The Board is vested with the power to appoint
delegates |
|
|
|
09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
|
| 1 |
| to execute any of the powers granted to it under this Section
| 2 |
| for the purpose of administering this Act and any rules or | 3 |
| regulations
promulgated in accordance with this Act.
| 4 |
| (l) The Board is vested with the power to impose civil | 5 |
| penalties of up to
$5,000 against an individual and up to | 6 |
| $10,000 against a
licensee for each
violation of any provision | 7 |
| of this Act, any rules adopted by the Board, any
order of the | 8 |
| Board or any other action which, in the Board's discretion, is
| 9 |
| a detriment or impediment to horse racing or wagering.
| 10 |
| (m) The Board is vested with the power to prescribe a form | 11 |
| to be used
by licensees as an application for employment for | 12 |
| employees of
each licensee.
| 13 |
| (n) The Board shall have the power to issue a license
to | 14 |
| any county fair, or its
agent, authorizing the conduct of the | 15 |
| pari-mutuel system of
wagering. The Board is vested with the | 16 |
| full power to promulgate
reasonable rules, regulations and | 17 |
| conditions under which all horse race
meetings licensed | 18 |
| pursuant to this subsection shall be held and conducted,
| 19 |
| including rules, regulations and conditions for the conduct of | 20 |
| the
pari-mutuel system of wagering. The rules, regulations and
| 21 |
| conditions shall provide for the prevention of practices | 22 |
| detrimental to the
public interest and for the best interests | 23 |
| of horse racing, and shall
prescribe penalties for violations | 24 |
| thereof. Any authority granted the
Board under this Act shall | 25 |
| extend to its jurisdiction and supervision over
county fairs, | 26 |
| or their agents, licensed pursuant to this subsection.
However, |
|
|
|
09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
|
| 1 |
| the Board may waive any provision of this Act or its rules or
| 2 |
| regulations which would otherwise apply to such county fairs or | 3 |
| their agents.
| 4 |
| (o) Whenever the Board is authorized or
required by law to | 5 |
| consider some aspect of criminal history record
information for | 6 |
| the purpose of carrying out its statutory powers and
| 7 |
| responsibilities, then, upon request and payment of fees in | 8 |
| conformance
with the requirements of Section 2605-400 of
the | 9 |
| Department of State Police Law (20 ILCS 2605/2605-400), the | 10 |
| Department of State Police is
authorized to furnish, pursuant | 11 |
| to positive identification, such
information contained in | 12 |
| State files as is necessary to fulfill the request.
| 13 |
| (p) To insure the convenience, comfort, and wagering | 14 |
| accessibility of
race track patrons, to provide for the | 15 |
| maximization of State revenue, and
to generate increases in | 16 |
| purse allotments to the horsemen, the Board shall
require any | 17 |
| licensee to staff the pari-mutuel department with
adequate | 18 |
| personnel.
| 19 |
| Notwithstanding any other rulemaking authority that may | 20 |
| exist, neither the Governor nor any agency or agency head under | 21 |
| the jurisdiction of the Governor has any authority to make or | 22 |
| promulgate rules to implement or enforce the provisions of this | 23 |
| amendatory Act of the 95th General Assembly. If, however, the | 24 |
| Governor believes that rules are necessary to implement or | 25 |
| enforce the provisions of this amendatory Act of the 95th | 26 |
| General Assembly, the Governor may suggest rules to the General |
|
|
|
09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
|
| 1 |
| Assembly by filing them with the Clerk of the House and the | 2 |
| Secretary of the Senate and by requesting that the General | 3 |
| Assembly authorize such rulemaking by law, enact those | 4 |
| suggested rules into law, or take any other appropriate action | 5 |
| in the General Assembly's discretion. Nothing contained in this | 6 |
| amendatory Act of the 95th General Assembly shall be | 7 |
| interpreted to grant rulemaking authority under any other | 8 |
| Illinois statute where such authority is not otherwise | 9 |
| explicitly given. For the purposes of this amendatory Act of | 10 |
| the 95th General Assembly, "rules" is given the meaning | 11 |
| contained in Section 1-70 of the Illinois Administrative | 12 |
| Procedure Act, and "agency" and "agency head" are given the | 13 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 14 |
| Administrative Procedure Act to the extent that such | 15 |
| definitions apply to agencies or agency heads under the | 16 |
| jurisdiction of the Governor. | 17 |
| (Source: P.A. 91-239, eff. 1-1-00.)
| 18 |
| Section 915. The Riverboat Gambling Act is amended by | 19 |
| changing Section 13 as follows:
| 20 |
| (230 ILCS 10/13) (from Ch. 120, par. 2413)
| 21 |
| Sec. 13. Wagering tax; rate; distribution.
| 22 |
| (a) Until January 1, 1998, a tax is imposed on the adjusted | 23 |
| gross
receipts received from gambling games authorized under | 24 |
| this Act at the rate of
20%.
|
|
|
|
09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
|
| 1 |
| (a-1) From January 1, 1998 until July 1, 2002, a privilege | 2 |
| tax is
imposed on persons engaged in the business of conducting | 3 |
| riverboat gambling
operations, based on the adjusted gross | 4 |
| receipts received by a licensed owner
from gambling games | 5 |
| authorized under this Act at the following rates:
| 6 |
| 15% of annual adjusted gross receipts up to and | 7 |
| including $25,000,000;
| 8 |
| 20% of annual adjusted gross receipts in excess of | 9 |
| $25,000,000 but not
exceeding $50,000,000;
| 10 |
| 25% of annual adjusted gross receipts in excess of | 11 |
| $50,000,000 but not
exceeding $75,000,000;
| 12 |
| 30% of annual adjusted gross receipts in excess of | 13 |
| $75,000,000 but not
exceeding $100,000,000;
| 14 |
| 35% of annual adjusted gross receipts in excess of | 15 |
| $100,000,000.
| 16 |
| (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | 17 |
| is imposed on
persons engaged in the business of conducting | 18 |
| riverboat gambling operations,
other than licensed managers | 19 |
| conducting riverboat gambling operations on behalf
of the | 20 |
| State, based on the adjusted gross receipts received by a | 21 |
| licensed
owner from gambling games authorized under this Act at | 22 |
| the following rates:
| 23 |
| 15% of annual adjusted gross receipts up to and | 24 |
| including $25,000,000;
| 25 |
| 22.5% of annual adjusted gross receipts in excess of | 26 |
| $25,000,000 but not
exceeding $50,000,000;
|
|
|
|
09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
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| 27.5% of annual adjusted gross receipts in excess of | 2 |
| $50,000,000 but not
exceeding $75,000,000;
| 3 |
| 32.5% of annual adjusted gross receipts in excess of | 4 |
| $75,000,000 but not
exceeding $100,000,000;
| 5 |
| 37.5% of annual adjusted gross receipts in excess of | 6 |
| $100,000,000 but not
exceeding $150,000,000;
| 7 |
| 45% of annual adjusted gross receipts in excess of | 8 |
| $150,000,000 but not
exceeding $200,000,000;
| 9 |
| 50% of annual adjusted gross receipts in excess of | 10 |
| $200,000,000.
| 11 |
| (a-3) Beginning July 1, 2003, a privilege tax is imposed on | 12 |
| persons engaged
in the business of conducting riverboat | 13 |
| gambling operations, other than
licensed managers conducting | 14 |
| riverboat gambling operations on behalf of the
State, based on | 15 |
| the adjusted gross receipts received by a licensed owner from
| 16 |
| gambling games authorized under this Act at the following | 17 |
| rates:
| 18 |
| 15% of annual adjusted gross receipts up to and | 19 |
| including $25,000,000;
| 20 |
| 27.5% of annual adjusted gross receipts in excess of | 21 |
| $25,000,000 but not
exceeding $37,500,000;
| 22 |
| 32.5% of annual adjusted gross receipts in excess of | 23 |
| $37,500,000 but not
exceeding $50,000,000;
| 24 |
| 37.5% of annual adjusted gross receipts in excess of | 25 |
| $50,000,000 but not
exceeding $75,000,000;
| 26 |
| 45% of annual adjusted gross receipts in excess of |
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09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
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| $75,000,000 but not
exceeding $100,000,000;
| 2 |
| 50% of annual adjusted gross receipts in excess of | 3 |
| $100,000,000 but not
exceeding $250,000,000;
| 4 |
| 70% of annual adjusted gross receipts in excess of | 5 |
| $250,000,000.
| 6 |
| An amount equal to the amount of wagering taxes collected | 7 |
| under this
subsection (a-3) that are in addition to the amount | 8 |
| of wagering taxes that
would have been collected if the | 9 |
| wagering tax rates under subsection (a-2)
were in effect shall | 10 |
| be paid into the Common School Fund.
| 11 |
| The privilege tax imposed under this subsection (a-3) shall | 12 |
| no longer be
imposed beginning on the earlier of (i) July 1, | 13 |
| 2005; (ii) the first date
after June 20, 2003 that riverboat | 14 |
| gambling operations are conducted
pursuant to a dormant | 15 |
| license; or (iii) the first day that riverboat gambling
| 16 |
| operations are conducted under the authority of an owners | 17 |
| license that is in
addition to the 10 owners licenses initially | 18 |
| authorized under this Act.
For the purposes of this subsection | 19 |
| (a-3), the term "dormant license"
means an owners license that | 20 |
| is authorized by this Act under which no
riverboat gambling | 21 |
| operations are being conducted on June 20, 2003.
| 22 |
| (a-4) Beginning on the first day on which the tax imposed | 23 |
| under
subsection (a-3) is no longer imposed, a privilege tax is | 24 |
| imposed on persons
engaged in the business of conducting | 25 |
| riverboat gambling operations, other
than licensed managers | 26 |
| conducting riverboat gambling operations on behalf of
the |
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09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
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| State, based on the adjusted gross receipts received by a | 2 |
| licensed owner
from gambling games authorized under this Act at | 3 |
| the following rates:
| 4 |
| 15% of annual adjusted gross receipts up to and | 5 |
| including $25,000,000;
| 6 |
| 22.5% of annual adjusted gross receipts in excess of | 7 |
| $25,000,000 but not
exceeding $50,000,000;
| 8 |
| 27.5% of annual adjusted gross receipts in excess of | 9 |
| $50,000,000 but not
exceeding $75,000,000;
| 10 |
| 32.5% of annual adjusted gross receipts in excess of | 11 |
| $75,000,000 but not
exceeding $100,000,000;
| 12 |
| 37.5% of annual adjusted gross receipts in excess of | 13 |
| $100,000,000 but not
exceeding $150,000,000;
| 14 |
| 45% of annual adjusted gross receipts in excess of | 15 |
| $150,000,000 but not
exceeding $200,000,000;
| 16 |
| 50% of annual adjusted gross receipts in excess of | 17 |
| $200,000,000.
| 18 |
| (a-8) Riverboat gambling operations conducted by a | 19 |
| licensed manager on
behalf of the State are not subject to the | 20 |
| tax imposed under this Section.
| 21 |
| (a-10) The taxes imposed by this Section shall be paid by | 22 |
| the licensed
owner to the Board not later than 3:00 o'clock | 23 |
| p.m. of the day after the day
when the wagers were made.
| 24 |
| (a-15) If the privilege tax imposed under subsection (a-3) | 25 |
| is no longer imposed pursuant to item (i) of the last paragraph | 26 |
| of subsection (a-3), then by June 15 of each year, each owners |
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09500HB4758ham001 |
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| licensee, other than an owners licensee that admitted 1,000,000 | 2 |
| persons or
fewer in calendar year 2004, must, in addition to | 3 |
| the payment of all amounts otherwise due under this Section, | 4 |
| pay to the Board a reconciliation payment in the amount, if | 5 |
| any, by which the licensed owner's base amount exceeds the | 6 |
| amount of net privilege tax paid by the licensed owner to the | 7 |
| Board in the then current State fiscal year. A licensed owner's | 8 |
| net privilege tax obligation due for the balance of the State | 9 |
| fiscal year shall be reduced up to the total of the amount paid | 10 |
| by the licensed owner in its June 15 reconciliation payment. | 11 |
| The obligation imposed by this subsection (a-15) is binding on | 12 |
| any person, firm, corporation, or other entity that acquires an | 13 |
| ownership interest in any such owners license. The obligation | 14 |
| imposed under this subsection (a-15) terminates on the earliest | 15 |
| of: (i) July 1, 2007, (ii) the first day after the effective | 16 |
| date of this amendatory Act of the 94th General Assembly that | 17 |
| riverboat gambling operations are conducted pursuant to a | 18 |
| dormant license, (iii) the first day that riverboat gambling | 19 |
| operations are conducted under the authority of an owners | 20 |
| license that is in addition to the 10 owners licenses initially | 21 |
| authorized under this Act, or (iv) the first day that a | 22 |
| licensee under the Illinois Horse Racing Act of 1975 conducts | 23 |
| gaming operations with slot machines or other electronic gaming | 24 |
| devices. The Board must reduce the obligation imposed under | 25 |
| this subsection (a-15) by an amount the Board deems reasonable | 26 |
| for any of the following reasons: (A) an act or acts of God, |
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09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
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| (B) an act of bioterrorism or terrorism or a bioterrorism or | 2 |
| terrorism threat that was investigated by a law enforcement | 3 |
| agency, or (C) a condition beyond the control of the owners | 4 |
| licensee that does not result from any act or omission by the | 5 |
| owners licensee or any of its agents and that poses a hazardous | 6 |
| threat to the health and safety of patrons. If an owners | 7 |
| licensee pays an amount in excess of its liability under this | 8 |
| Section, the Board shall apply the overpayment to future | 9 |
| payments required under this Section. | 10 |
| For purposes of this subsection (a-15): | 11 |
| "Act of God" means an incident caused by the operation of | 12 |
| an extraordinary force that cannot be foreseen, that cannot be | 13 |
| avoided by the exercise of due care, and for which no person | 14 |
| can be held liable.
| 15 |
| "Base amount" means the following: | 16 |
| For a riverboat in Alton, $31,000,000.
| 17 |
| For a riverboat in East Peoria, $43,000,000.
| 18 |
| For the Empress riverboat in Joliet, $86,000,000.
| 19 |
| For a riverboat in Metropolis, $45,000,000.
| 20 |
| For the Harrah's riverboat in Joliet, $114,000,000.
| 21 |
| For a riverboat in Aurora, $86,000,000.
| 22 |
| For a riverboat in East St. Louis, $48,500,000.
| 23 |
| For a riverboat in Elgin, $198,000,000.
| 24 |
| "Dormant license" has the meaning ascribed to it in | 25 |
| subsection (a-3).
| 26 |
| "Net privilege tax" means all privilege taxes paid by a |
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09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
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| licensed owner to the Board under this Section, less all | 2 |
| payments made from the State Gaming Fund pursuant to subsection | 3 |
| (b) of this Section. | 4 |
| The changes made to this subsection (a-15) by Public Act | 5 |
| 94-839 are intended to restate and clarify the intent of Public | 6 |
| Act 94-673 with respect to the amount of the payments required | 7 |
| to be made under this subsection by an owners licensee to the | 8 |
| Board.
| 9 |
| (b) Until January 1, 1998, 25% of the tax revenue deposited | 10 |
| in the State
Gaming Fund under this Section shall be paid, | 11 |
| subject to appropriation by the
General Assembly, to the unit | 12 |
| of local government which is designated as the
home dock of the | 13 |
| riverboat. Beginning January 1, 1998, from the tax revenue
| 14 |
| deposited in the State Gaming Fund under this Section, an | 15 |
| amount equal to 5% of
adjusted gross receipts generated by a | 16 |
| riverboat shall be paid monthly, subject
to appropriation by | 17 |
| the General Assembly, to the unit of local government that
is | 18 |
| designated as the home dock of the riverboat. From the tax | 19 |
| revenue
deposited in the State Gaming Fund pursuant to | 20 |
| riverboat gambling operations
conducted by a licensed manager | 21 |
| on behalf of the State, an amount equal to 5%
of adjusted gross | 22 |
| receipts generated pursuant to those riverboat gambling
| 23 |
| operations shall be paid monthly,
subject to appropriation by | 24 |
| the General Assembly, to the unit of local
government that is | 25 |
| designated as the home dock of the riverboat upon which
those | 26 |
| riverboat gambling operations are conducted.
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09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
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| (b-5) If electronic gaming is authorized under the Illinois | 2 |
| Horse Racing Act of 1975 and this Act, then an amount equal to | 3 |
| 5% of the adjusted gross receipts of an electronic gaming | 4 |
| facility shall be paid monthly,
subject to appropriation by the | 5 |
| General Assembly, to the unit of local
government in which the | 6 |
| electronic gaming facility is located, except that, for an | 7 |
| electronic gaming facility located at the Illinois State | 8 |
| Fairgrounds in Sangamon County, the 5% of adjusted gross | 9 |
| receipts shall be paid to the Sangamon County Central Dispatch | 10 |
| System to offset operating expenses, with any surplus divided | 11 |
| equally between Sangamon County and the City of Springfield. | 12 |
| (b-10) If electronic gaming is authorized under the | 13 |
| Illinois Horse Racing Act of 1975 and this Act at the Illinois | 14 |
| State Fairgrounds in Sangamon County, then an amount equal to | 15 |
| 10% of the adjusted gross receipts of such electronic gaming | 16 |
| shall be transferred monthly into the State Fairgrounds | 17 |
| Infrastructure Improvement Fund. | 18 |
| (b-15) If electronic gaming is authorized under the | 19 |
| Illinois Horse Racing Act of 1975 and this Act under the | 20 |
| supervision of the Illinois State Fairgrounds Racetrack | 21 |
| Authority, and should the Authority's share of adjusted gross | 22 |
| receipts from this gaming and any associated horse racing | 23 |
| exceed the Authority's appropriations for any fiscal year, | 24 |
| every July 31 following every fiscal year this surplus, if any, | 25 |
| shall be divided into equal halves and paid to: (1) Sangamon | 26 |
| County, and (2) the City of Springfield. |
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LRB095 16893 AMC 48276 a |
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| (c) Appropriations, as approved by the General Assembly, | 2 |
| may be made
from the State Gaming Fund to the Department of | 3 |
| Revenue and the Department
of State Police for the | 4 |
| administration and enforcement of this Act, or to the
| 5 |
| Department of Human Services for the administration of programs | 6 |
| to treat
problem gambling.
| 7 |
| (c-5) Before May 26, 2006 (the effective date of Public Act | 8 |
| 94-804) and beginning 2 years after May 26, 2006 (the effective | 9 |
| date of Public Act 94-804), after the payments required under | 10 |
| subsections (b) and (c) have been
made, an amount equal to 15% | 11 |
| of the adjusted gross receipts of (1) an owners
licensee that | 12 |
| relocates pursuant to Section 11.2,
(2) an owners licensee
| 13 |
| conducting riverboat gambling operations
pursuant to an
owners | 14 |
| license that is initially issued after June
25, 1999,
or (3) | 15 |
| the first
riverboat gambling operations conducted by a licensed | 16 |
| manager on behalf of the
State under Section 7.3,
whichever | 17 |
| comes first, shall be paid from the State
Gaming Fund into the | 18 |
| Horse Racing Equity Fund.
| 19 |
| (c-10) Each year the General Assembly shall appropriate | 20 |
| from the General
Revenue Fund to the Education Assistance Fund | 21 |
| an amount equal to the amount
paid into the Horse Racing Equity | 22 |
| Fund pursuant to subsection (c-5) in the
prior calendar year.
| 23 |
| (c-15) After the payments required under subsections (b), | 24 |
| (c), and (c-5)
have been made, an amount equal to 2% of the | 25 |
| adjusted gross receipts of (1)
an owners licensee that | 26 |
| relocates pursuant to Section 11.2, (2) an owners
licensee |
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09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
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| conducting riverboat gambling operations pursuant to
an
owners | 2 |
| license that is initially issued after June 25, 1999,
or (3) | 3 |
| the first
riverboat gambling operations conducted by a licensed | 4 |
| manager on behalf of the
State under Section 7.3,
whichever | 5 |
| comes first, shall be paid, subject to appropriation
from the | 6 |
| General Assembly, from the State Gaming Fund to each home rule
| 7 |
| county with a population of over 3,000,000 inhabitants for the | 8 |
| purpose of
enhancing the county's criminal justice system.
| 9 |
| (c-20) Each year the General Assembly shall appropriate | 10 |
| from the General
Revenue Fund to the Education Assistance Fund | 11 |
| an amount equal to the amount
paid to each home rule county | 12 |
| with a population of over 3,000,000 inhabitants
pursuant to | 13 |
| subsection (c-15) in the prior calendar year.
| 14 |
| (c-25) After the payments required under subsections (b), | 15 |
| (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | 16 |
| the
adjusted gross receipts of (1) an owners licensee
that
| 17 |
| relocates pursuant to Section 11.2, (2) an
owners
licensee | 18 |
| conducting riverboat gambling operations pursuant to
an
owners | 19 |
| license
that is initially issued after June 25, 1999,
or (3) | 20 |
| the first
riverboat gambling operations conducted by a licensed | 21 |
| manager on behalf of the
State under Section 7.3,
whichever
| 22 |
| comes first,
shall be paid from the State
Gaming Fund to | 23 |
| Chicago State University.
| 24 |
| (d) From time to time, the
Board shall transfer the | 25 |
| remainder of the funds
generated by this Act into the Education
| 26 |
| Assistance Fund, created by Public Act 86-0018, of the State of |
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09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
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| Illinois.
| 2 |
| (e) Nothing in this Act shall prohibit the unit of local | 3 |
| government
designated as the home dock of the riverboat from | 4 |
| entering into agreements
with other units of local government | 5 |
| in this State or in other states to
share its portion of the | 6 |
| tax revenue.
| 7 |
| (f) To the extent practicable, the Board shall administer | 8 |
| and collect the
wagering taxes imposed by this Section in a | 9 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | 10 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | 11 |
| Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | 12 |
| Penalty and Interest Act.
| 13 |
| (g) Notwithstanding any other rulemaking authority that | 14 |
| may exist, neither the Governor nor any agency or agency head | 15 |
| under the jurisdiction of the Governor has any authority to | 16 |
| make or promulgate rules to implement or enforce the provisions | 17 |
| of this amendatory Act of the 95th General Assembly. If, | 18 |
| however, the Governor believes that rules are necessary to | 19 |
| implement or enforce the provisions of this amendatory Act of | 20 |
| the 95th General Assembly, the Governor may suggest rules to | 21 |
| the General Assembly by filing them with the Clerk of the House | 22 |
| and the Secretary of the Senate and by requesting that the | 23 |
| General Assembly authorize such rulemaking by law, enact those | 24 |
| suggested rules into law, or take any other appropriate action | 25 |
| in the General Assembly's discretion. Nothing contained in this | 26 |
| amendatory Act of the 95th General Assembly shall be |
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09500HB4758ham001 |
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LRB095 16893 AMC 48276 a |
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| interpreted to grant rulemaking authority under any other | 2 |
| Illinois statute where such authority is not otherwise | 3 |
| explicitly given. For the purposes of this amendatory Act of | 4 |
| the 95th General Assembly, "rules" is given the meaning | 5 |
| contained in Section 1-70 of the Illinois Administrative | 6 |
| Procedure Act, and "agency" and "agency head" are given the | 7 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 8 |
| Administrative Procedure Act to the extent that such | 9 |
| definitions apply to agencies or agency heads under the | 10 |
| jurisdiction of the Governor. | 11 |
| (Source: P.A. 94-673, eff. 8-23-05; 94-804, eff. 5-26-06; | 12 |
| 94-839, eff. 6-6-06; 95-331, eff. 8-21-07.)
| 13 |
| Section 999. Effective date. This Act takes effect upon | 14 |
| becoming law.".
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