Full Text of HB2424 96th General Assembly
HB2424sam002 96TH GENERAL ASSEMBLY
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Sen. Donne E. Trotter
Filed: 5/31/2009
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| AMENDMENT TO HOUSE BILL 2424
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| AMENDMENT NO. ______. Amend House Bill 2424, AS AMENDED, | 3 |
| with reference to page and line numbers of Senate Amendment No. | 4 |
| 1, on page 3, line 26, by replacing " $75,000,000 " with | 5 |
| " $100,000,000 "; and | 6 |
| on page 27, between lines 6 and 7, by inserting the following:
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| "Section 30-5. The Department of Commerce and Economic | 8 |
| Opportunity Law of the
Civil Administrative Code of Illinois is | 9 |
| amended by changing Section 605-400 as follows:
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| (20 ILCS 605/605-400) (was 20 ILCS 605/46.19c)
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| Sec. 605-400. Office of Urban Assistance. The Department
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| shall
provide for, staff, and administer an
Office of Urban | 13 |
| Assistance, which
shall plan and coordinate existing
State | 14 |
| programs designed to aid and stimulate the economic growth of | 15 |
| depressed
urban areas. Among other duties assigned by the |
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| Department, the Office
shall have the following duties:
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| (1) To coordinate the activities of the following units | 3 |
| and
programs of
the Department and all other present and
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| future units and programs of the Department that impact | 5 |
| depressed
urban
areas to the extent that they
impact upon | 6 |
| or concern urban economics:
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| (A) Enterprise Zone Program.
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| (B) Small Business Development Center Program.
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| (C) Programs that assist in the development of
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| community
infrastructure.
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| (D) Illinois House Energy Assistance Program.
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| (E) Illinois Home Weatherization Assistance Program.
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| (F) Programs financed with Community Services Block | 14 |
| Grant
funds.
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| (G) Industrial Training Program.
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| (H) Technology Transfer and Innovation Program.
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| (I) Rental Rehabilitation Program.
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| (J) Displaced Homemaker Program.
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| (K) Programs under the federal Job Training | 20 |
| Partnership Act.
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| The Office shall convene quarterly meetings of | 22 |
| representatives who are
designated by the Department to | 23 |
| represent the units and programs listed in
items (A) through | 24 |
| (K).
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| (2) To gather information concerning any State or federal
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| program that
is designed to revitalize or assist depressed |
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| urban areas in the State and
to provide this information to | 2 |
| public and private entities upon request.
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| (3) To promote and assist in developing urban inner city
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| industrial parks.
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| (4) To promote economic parity and the autonomy of citizens | 6 |
| of
this State
through promoting and assisting the development | 7 |
| of urban inner city
small business development centers, urban | 8 |
| youth unemployment projects, small
business
incubators, family | 9 |
| resource centers, urban developments banks, self
managed
urban | 10 |
| businesses, and plans for urban infrastructure projects over | 11 |
| the next
25 years.
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| (5) To recommend to the General Assembly and the Governor
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| economic policies for urban areas and planning models
that will | 14 |
| result in the reconstruction of the economy of urban areas,
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| especially those urban areas where economically and socially | 16 |
| disadvantaged
people live.
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| (6) To make recommendations to the General Assembly and the
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| Governor on
the establishment of urban economic
policy in the | 19 |
| areas of (i) housing, (ii) scientific
research, (iii) urban
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| youth unemployment, (iv) business incubators and family | 21 |
| resource
centers in
urban inner cities, and (v) alternative | 22 |
| energy resource
development, and the
need
thereof, in urban | 23 |
| areas as part of the department's 5-year
plan for
economic | 24 |
| development.
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| (7) To make any rules and regulations necessary to carry | 26 |
| out its
responsibilities under the Civil Administrative Code of |
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| Illinois.
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| (8) To encourage new industrial enterprises to locate in | 3 |
| urban
areas (i) through
educational promotions that point out | 4 |
| the opportunities of any
such area as a
commercial and | 5 |
| industrial field of opportunity and (ii) by the
solicitation of
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| industrial enterprises; and to do other acts that, in
the | 7 |
| judgment
of the Office, are necessary and proper in fostering | 8 |
| and promoting
the
industrial development and economic welfare | 9 |
| of any urban area.
The
Office, however, shall have no power to | 10 |
| require reports from or to regulate
any business.
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| (9) To accept grants, loans, or appropriations from the
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| federal
government or the State, or any agency or | 13 |
| instrumentality thereof, to be
used for the operating expenses | 14 |
| of the Office or for any purposes of the
Office, including the | 15 |
| making of direct loans or grants of those
funds for
public, | 16 |
| private, experimental, or cooperative housing, scientific | 17 |
| research,
urban inner city industrial parks, urban youth | 18 |
| employment projects,
business incubators, urban infrastructure | 19 |
| development, alternative energy
resource development, food | 20 |
| deserts and community food plots, community facilities needed | 21 |
| in urban areas, and
any other purpose related to the | 22 |
| revitalization of urban areas.
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| (Source: P.A. 91-239, eff. 1-1-00.)"; and
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| on page 197, between lines 13 and 14, by inserting the | 25 |
| following: |
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| "Article 62. | 2 |
| Section 62-1. Short title. This Article may be cited as the | 3 |
| Food Desert Mitigation Act. References in this Article to "this | 4 |
| Act" mean this Article. | 5 |
| Section 62-3. Purpose. The General Assembly finds that | 6 |
| there are large geographic areas of the State, particularly low | 7 |
| to moderate income, where citizens have little or no access to | 8 |
| grocery stores and other sources of food needed to maintain a | 9 |
| healthy diet. Such inaccessibility has been linked to | 10 |
| deleterious effects on individuals in those areas in the form | 11 |
| of adverse health effects and shortened life expectancy. | 12 |
| Communities can also be affected in the form of depressed | 13 |
| economic activity and land values. Due to a number of | 14 |
| circumstances, operators of grocery stores face substantial | 15 |
| challenges in their efforts to develop new stores or maintain | 16 |
| existing stores in such areas. To stem these deleterious | 17 |
| effects, the State must promote investment, through tax credits | 18 |
| and exemptions, in new and existing stores in order to mitigate | 19 |
| the number and breadth of areas. Such action will have direct | 20 |
| and long lasting benefits. Most importantly, such action will | 21 |
| reduce the challenges that people face in accessing quality | 22 |
| food which in turn promotes greater health for the citizens of | 23 |
| Illinois. Investment in new and existing grocery stores also |
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| means stimulation of community revitalization, creation of new | 2 |
| short and long term job opportunities, enhancement of the real | 3 |
| estate tax base and the generation of new and additional | 4 |
| revenue streams for State and local governments. In addition, | 5 |
| grocery stores often serve as retail anchors which can lead to | 6 |
| new and diverse retail opportunities across Illinois. | 7 |
| Section 62-5. Definitions. As used in this Act: | 8 |
| "Affiliate" means a person or business entity that, | 9 |
| directly or indirectly, through one or more intermediaries, | 10 |
| controls, is controlled by or is under common control with an | 11 |
| Eligible Applicant.
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| "Agreement" means an Agreement between an Eligible | 13 |
| Applicant and the Department under the provisions of Section | 14 |
| 62-50 of this Act and relating to a single Existing Full | 15 |
| Service Grocery Store or a Proposed Full Service Grocery Store.
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| "Below Average Food Service Density" means that there is | 17 |
| not a full service grocery store with at least 20,000 or more | 18 |
| square feet of sales area and that sells Fresh Foods within 2 | 19 |
| miles of the site that is the subject of an application filed | 20 |
| pursuant to Section 62-20. Distances shall be measured based on | 21 |
| the shortest reasonable pedestrian route and not in a straight | 22 |
| line measurement.
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| "Credit" means a credit against taxes imposed on an | 24 |
| Eligible Applicant, an Affiliate, or his or her successors for | 25 |
| a taxable year pursuant to subsections (a) and (b) of Section |
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| 201 of the Illinois Income Tax Act in an amount as set forth in | 2 |
| Section 62-15 of this Act.
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| "Department" means the Department of Commerce and Economic | 4 |
| Opportunity or successor agency thereto.
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| "Director" means the Director of Commerce and Economic | 6 |
| Opportunity.
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| "Electric Tax Exemption" means a full exemption from taxes | 8 |
| imposed on or charged to the operator of an Existing Full | 9 |
| Service Grocery Store or its Affiliate pursuant to (a) Section | 10 |
| 2-4 of the Electricity Excise Tax Law; (b) Section 2-202 of the | 11 |
| Public Utilities Act; and (c) Section 2a.1 of the Public | 12 |
| Utilities Revenue Act.
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| "Eligible Applicant" means a Taxpayer that (a) operates an | 14 |
| Existing Full Service Grocery Store and proposes to invest in | 15 |
| the rehabilitation or expansion, or both, of such Existing Full | 16 |
| Service Grocery Store or (b) proposes to develop and operate a | 17 |
| Proposed Full Service Grocery Store.
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| "Existing Full Service Grocery Store" means a fully | 19 |
| operational for profit or not for profit retail establishment | 20 |
| with one or more affiliated business units operating at a | 21 |
| single location (a) that regularly sells Fresh Foods; (b) that | 22 |
| derives at least (1) 55% of its annual revenues from the sale | 23 |
| of food products and (2) 15% of its annual revenues from the | 24 |
| sale of Fresh Foods; and (c) which is located in an Underserved | 25 |
| Area.
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| "Food Desert" means a large geographic area (a) designated |
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| as such by municipal ordinance or resolution and (b) where | 2 |
| residents have little or no access, due to physical or | 3 |
| geographic barriers, to foods needed to maintain a healthy | 4 |
| lifestyle.
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| "Fresh Foods" means (a) meat, seafood, and produce offered | 6 |
| for sale in an unfrozen condition; (b) dairy; (c) and baked | 7 |
| goods products.
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| "Full-time Employee" means an individual who is employed by | 9 |
| an Eligible Applicant or its Affiliate for consideration for at | 10 |
| least 30 hours each week or who renders any other standard of | 11 |
| service generally accepted by industry custom or practice as | 12 |
| full-time employment at an Existing Full Service Grocery Store. | 13 |
| A Full-time Employee shall not include an individual that does | 14 |
| not dedicate at least 80% of his or her employment activities | 15 |
| to a single Existing Full Service Grocery Store, such as, but | 16 |
| not limited to, regional managers, district managers and other | 17 |
| employees whose employment responsibilities are to more than | 18 |
| one Existing Full Service Grocery Store.
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| "Fund" means the fund established pursuant to Section | 20 |
| 62-85.
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| "Gas Tax Exemption" means a full exemption from the taxes | 22 |
| imposed on or charged to the operator of an Existing Full | 23 |
| Service Grocery Store or its Affiliate pursuant to Section 2 | 24 |
| and Section 2a.1 of the Gas Revenue Tax Act.
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| "Low Income or Moderate Income Market Area" means a | 26 |
| geographic area having a full service grocery store customer |
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| base with more than 50% of the residents living in one or more | 2 |
| federal census tracts that have been designated as low income | 3 |
| by the most recently available full or partial federal census.
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| "Noncompliance Date" means, in the case of an Eligible | 5 |
| Applicant that is not complying with the requirements of the | 6 |
| Agreement or the provisions of this Act, the day following the | 7 |
| last date upon which the Eligible Applicant was in compliance | 8 |
| with the requirements of the Agreement and the provisions of | 9 |
| this Act, as determined by the Director, pursuant to Section | 10 |
| 62-65.
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| "Part-time Employee" means an individual who is employed by | 12 |
| an Eligible Applicant or its Affiliate for consideration for | 13 |
| fewer than 30 hours each week at an Existing Full Service | 14 |
| Grocery Store.
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| "Pass Through Entity" means an entity that is exempt from | 16 |
| the tax under subsection (b) or (c) of Section 205 of the | 17 |
| Illinois Income Tax Act.
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| "Payroll" means all salaries, wages and bonuses, as | 19 |
| reflected in a Full-time Employee or Part-time Employee's | 20 |
| Internal Revenue Service Form W-2, paid in a taxable year by an | 21 |
| Eligible Applicant or its Affiliate to all Full-time Employees | 22 |
| and Part-time Employees at an Existing Full Service Grocery | 23 |
| Store that is the subject of an Agreement with the Department; | 24 |
| provided, however, the value of health care, retirement plan | 25 |
| contributions and other similar benefits shall not be | 26 |
| considered in the calculation of the term "Payroll."
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| "Placed into Service" shall have the same meaning as | 2 |
| described in subsection (h) of Section 201 of the Illinois | 3 |
| Income Tax Act.
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| "Project Investment" means the expenditures of an Eligible | 5 |
| Applicant or its Affiliate for land acquisition, loan amounts | 6 |
| borrowed, hard and soft construction costs, financing and | 7 |
| interest costs, furniture, fixtures and equipment, job | 8 |
| training, attorney and consultant fees, and other costs and | 9 |
| expenses reasonably related to the rehabilitation of an | 10 |
| Existing Full Service Grocery Store or the development of a | 11 |
| Proposed Full Service Grocery Store. Project Investment shall | 12 |
| also include capitalized lease amounts.
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| "Proposed Full Service Grocery Store" means a proposed for | 14 |
| profit or not for profit retail establishment with one or more | 15 |
| business units operating at a single location (a) that | 16 |
| regularly sells Fresh Foods; (b) that is anticipated to derive | 17 |
| at least (1) 55% of its annual revenues from the sale of food | 18 |
| products and (2) 15% of its annual revenues from the sale of | 19 |
| Fresh Foods; and (c) which will be located in an Underserved | 20 |
| Area.
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| "Sales Tax Exemption" means a full exemption from | 22 |
| Retailers' Occupation Tax and Use Tax for (a) building | 23 |
| materials physically incorporated into an Existing Full | 24 |
| Service Grocery Store or a Proposed Full Service Grocery Store | 25 |
| and (b) personal property such as furniture, fixtures and | 26 |
| equipment that are used in the operation of an Existing Full |
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| Service Grocery Store.
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| "Sunset Date" means June 14, 2014.
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| "Taxpayer" means an individual, corporation, partnership, | 4 |
| or other entity that has or may have any Illinois income tax | 5 |
| liability under the Illinois Income Tax Act.
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| "Tax Exemptions" means the Gas Tax Exemption, the Electric | 7 |
| Tax Exemption and the Sales Tax Exemption that are available to | 8 |
| an Eligible Applicant during the entire term of an Agreement.
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| "Underserved Area" means: (a) a Food Desert; (b) a federal | 10 |
| census tract that has been designated as low income or | 11 |
| moderate-income by the most recently available full or partial | 12 |
| federal census; (c) a project site in an area that has Below | 13 |
| Average Food Service Density; or (d) a Low Income Market Area. | 14 |
| Section 62-10. Powers of the Department. The Department, in | 15 |
| addition to those powers granted under the Civil Administrative | 16 |
| Code of Illinois, is granted and shall have all the powers | 17 |
| necessary or convenient to carry out and effectuate the | 18 |
| purposes and provisions of this Act, including, but not limited | 19 |
| to, the power and authority to: | 20 |
| (a) Establish forms for applications, notifications, | 21 |
| contracts, or any other agreements; and accept applications at | 22 |
| any time during the year prior to the Sunset Date.
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| (b) Provide assistance to Eligible Applicants pursuant to | 24 |
| the provisions of this Act, and cooperate with Eligible | 25 |
| Applicants that are parties to Agreements to promote, foster, |
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| and support the goals and purposes of this Act.
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| (c) Enter into agreements and memoranda of understanding | 3 |
| for participation of and engage in cooperation with agencies of | 4 |
| the federal government, units of local government, | 5 |
| universities, research foundations or institutions, regional | 6 |
| economic development corporations, or other organizations in | 7 |
| furtherance of the purposes of this Act.
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| (d) Gather information and conduct inquiries, in the manner | 9 |
| and by the methods it deems desirable, including, without | 10 |
| limitation, gathering information with respect to an Eligible | 11 |
| Applicant for the purpose of making any designations or | 12 |
| certifications necessary in the furtherance of the purposes of | 13 |
| this Act.
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| (e) Establish, negotiate and effectuate any term, | 15 |
| agreement or other document with any person, necessary or | 16 |
| appropriate to accomplish the purposes of this Act; and to | 17 |
| consent, subject to the provisions of any Agreement, with | 18 |
| another party, to the modification or restructuring of any | 19 |
| Agreement to which the Department is a party.
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| (f) Fix, determine, charge, and collect any premiums, fees, | 21 |
| charges, costs, and expenses from Eligible Applicants, | 22 |
| including, without limitation, any application fees, | 23 |
| commitment fees, program fees, financing charges, or | 24 |
| publication fees as deemed appropriate to pay expenses | 25 |
| necessary or incidental to the administration, staffing, or | 26 |
| operation in connection with the Department's activities under |
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| this Act, or for the preparation, implementation, and | 2 |
| enforcement of the terms of an Agreement, or for consultation, | 3 |
| advisory and legal fees, and other costs.
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| (g) Provide for sufficient personnel to permit | 5 |
| administration, staffing, operation, and related support | 6 |
| required to adequately discharge its duties and | 7 |
| responsibilities described in this Act from funds made | 8 |
| available through charges to Eligible Applicants or from funds | 9 |
| as may be appropriated by the General Assembly for the | 10 |
| administration of this Act.
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| (h) Require Eligible Applicants, upon written request, to | 12 |
| issue any necessary authorization to the appropriate federal, | 13 |
| State, or local authority for the release of information | 14 |
| concerning a project being considered under the provisions of | 15 |
| this Act, with the information requested to include, but not be | 16 |
| limited to, financial reports, returns, or records relating to | 17 |
| the Eligible Applicant or the subject matter of an Agreement.
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| (i) Require that Eligible Applicants keep at all times | 19 |
| proper books and records in accordance with generally accepted | 20 |
| accounting principles, with the books, records, or other | 21 |
| documentation related to the Agreement in the custody or | 22 |
| control of the Eligible Applicant open for reasonable | 23 |
| Department inspection and audits, and including, without | 24 |
| limitation, the making of copies of the books, records, or | 25 |
| papers, and the inspection or appraisal of any of the Eligible | 26 |
| Applicant's or project's assets.
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| (j) Take whatever actions are necessary or appropriate to | 2 |
| protect the State's interest in the event of bankruptcy, | 3 |
| default, foreclosure, or noncompliance with the terms and | 4 |
| conditions of financial assistance or participation required | 5 |
| under this Act, including the power to sell, dispose, lease, or | 6 |
| rent, upon terms and conditions determined by the Director to | 7 |
| be appropriate, real or personal property that the Department | 8 |
| may receive as a result of these actions.
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| Section 62-15. Credit Awards. Subject to the approval of | 10 |
| the Department, execution of an Agreement with the Department | 11 |
| and the conditions set forth in this Act, an Eligible Applicant | 12 |
| shall be entitled to a Credit in the amounts set forth below | 13 |
| beginning on: (a) for an Existing Full Service Grocery Store, | 14 |
| the date upon which the Eligible Applicant certifies in writing | 15 |
| to the Department that it has made a Project Investment of at | 16 |
| least $1,000,000 and (b) with respect to a Proposed Full | 17 |
| Service Grocery Store, the date upon which the Proposed Full | 18 |
| Service Grocery Store is Placed into Service. In addition, | 19 |
| where an Eligible Applicant leases a portion of an Existing | 20 |
| Full Service Grocery store to an affiliated or non-affiliated | 21 |
| business entity which derives more than 50% of its annual | 22 |
| revenues from the sale of pharmaceutical products and services, | 23 |
| the payroll, project investment and full-time employees and | 24 |
| part-time employees of such lessee shall be attributed to the | 25 |
| Eligible Applicant for the purposes of determining the amount |
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| of the Credit. | 2 |
| (a) The Department shall make Credit awards and grants of | 3 |
| Tax Exemption under this Act to mitigate Underserved Areas and | 4 |
| to foster economic development in Illinois.
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| (b) The terms and conditions of awards of Credits and | 6 |
| grants of Tax Exemptions shall be set forth in an Agreement | 7 |
| between the Department and an Eligible Applicant for each | 8 |
| Existing Full Service Grocery Store or Proposed Full Service | 9 |
| Grocery Store for which Credits and Tax Exemptions are sought. | 10 |
| An Agreement shall permit an Eligible Applicant to receive | 11 |
| Credits and Tax Exemptions for at least 10 years but in no | 12 |
| event more than 20 years and the term of such Agreement shall | 13 |
| be of a duration to permit an Eligible Applicant to fully | 14 |
| receive the value of such Credits and Tax Exemptions.
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| (c) The Credit shall be claimed for the taxable years | 16 |
| specified in the Agreement. Credits may be claimed by an | 17 |
| Eligible Applicant or its Affiliates, which may include, but | 18 |
| are not limited to, entities that are members of the same | 19 |
| unitary business group as the Eligible Applicant. If Credits | 20 |
| are not claimed by the Eligible Applicant in a taxable year, | 21 |
| the Eligible Applicant may (1) carry forward such Credit up to | 22 |
| a maximum of 5 taxable years from the taxable year in which the | 23 |
| Credit accrued or (2) sell, convey or pledge such Credit to any | 24 |
| other Taxpayer provided such sale, conveyance or pledge | 25 |
| conforms to subsection (e) of this Section 62-15.
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| (d) The Credit shall be in the following amounts and in |
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| accordance with the following schedules:
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| (1) For a Project Investment greater than $1,000,000 | 3 |
| but less than $4,000,000, 8% of the Payroll for year 1 of | 4 |
| the Agreement, 4% of the Payroll for years 2 and 3 of the | 5 |
| Agreement and 2% of the Payroll for years 4 through 10 of | 6 |
| the Agreement;
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| (2) For a Project Investment greater than $4,000,000 | 8 |
| but less than $7,000,000, 9% of the Payroll for years 1 | 9 |
| through 3 of the Agreement, 5% of the Payroll for years 4 | 10 |
| through 6 of the Agreement and 2% of the Payroll for years | 11 |
| 7 through 10 of the Agreement;
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| (3) For a Project Investment greater than $7,000,000 | 13 |
| but less than $10,000,000, 10% of the Payroll for years 1 | 14 |
| through 4 of the Agreement, 6% of the Payroll for years 5 | 15 |
| through 7 of the Agreement and 4% of the Payroll for years | 16 |
| 8 through 10 of the Agreement; and
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| (4) For a Project Investment in excess of $10,000,000, | 18 |
| 10% of the Payroll for each year of the Agreement.
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| (e) The Credits authorized by this Act may be pledged, | 20 |
| transferred, sold or assigned to any other Taxpayer by filing a | 21 |
| notarized endorsement thereof with the Department of Revenue | 22 |
| that names the beneficiary, the amount of the Credit | 23 |
| transferred, and the value received for the credit, as well as | 24 |
| any other information reasonably requested by the Department of | 25 |
| Revenue.
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| Section 62-17. Tax Exemption Grants. | 2 |
| (a) Subject to the approval of the Department, execution of | 3 |
| an Agreement with the Department, and the conditions set forth | 4 |
| in this Act, an Eligible Applicant shall be entitled to the Tax | 5 |
| Exemptions as follows: (1) for an Existing Full Service Grocery | 6 |
| Store, the date upon which the Eligible Applicant certifies to | 7 |
| the Department that it has made a Project Investment of at | 8 |
| least $1,000,000; provided, however, the Eligible Applicant | 9 |
| shall be entitled to the Sales Tax Exemption immediately upon | 10 |
| full execution of the Agreement and (2) with respect to a | 11 |
| Proposed Full Service Grocery Store, the date upon which the | 12 |
| Proposed Full Service Grocery Store is Placed into Service; | 13 |
| provided, however, the Eligible Applicant shall be entitled to | 14 |
| the Sales Tax Exemption immediately upon full execution of the | 15 |
| Agreement. | 16 |
| (b) The corporate authorities of a home rule municipality | 17 |
| may by ordinance rebate to, share with or grant exemptions to | 18 |
| an Eligible Applicant for (1) any of the taxes that a home rule | 19 |
| municipality is authorized to impose pursuant to the Home Rule | 20 |
| Municipal Retailers' Occupation Tax Act, the Home Rule | 21 |
| Municipal Use Tax Act or Section 8-11-2 of the Illinois | 22 |
| Municipal Code and (2) the municipality's share of the revenues | 23 |
| distributed to it pursuant to Section 6z-18 of the State | 24 |
| Finance Act. | 25 |
| (c) The corporate authorities of a non-home rule | 26 |
| municipality may by ordinance rebate to, share with or grant |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| exemptions to an Eligible Applicant for (1) the taxes that a | 2 |
| non-home rule municipality is authorized to impose pursuant to | 3 |
| the Non-Home Rule Municipal Retailers' Occupation Tax, the | 4 |
| Non-Home Rule Municipal Use Tax Act or Section 8-11-2 of the | 5 |
| Illinois Municipal Code and (2) the municipality's share of the | 6 |
| revenues distributed to it pursuant to Section 6z-18 of the | 7 |
| State Finance Act. | 8 |
| Section 62-20. Application for Credits and Tax Exemptions. | 9 |
| (a) Any Eligible Applicant proposing to make a Project | 10 |
| Investment in an Existing Full Service Grocery Store or a | 11 |
| Proposed Full Service Grocery Store that desires to enter into | 12 |
| an Agreement with the Department shall submit a formal | 13 |
| application to the Department on or before the Sunset Date, in | 14 |
| which the Eligible Applicant states (1) its intent to make a | 15 |
| Project Investment in an Existing Full Service Grocery Store or | 16 |
| to construct and operate a Proposed Full Service Grocery Store | 17 |
| and (2) how the Eligible Applicant meets the qualifications set | 18 |
| forth in subsection (b). In addition, the application shall | 19 |
| include such information as set forth in Section 15(a) of the | 20 |
| Corporate Accountability for Tax Expenditures Act; provided | 21 |
| that the Director shall have the authority to modify the | 22 |
| application submittal requirements.
| 23 |
| (b) In order to qualify for Credits and Tax Exemptions | 24 |
| under this Act, an Eligible Applicant must demonstrate in its | 25 |
| application that:
|
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| (1) It proposes to make a Project Investment of at | 2 |
| least $1,000,000;
| 3 |
| (2) The rehabilitation or development project involves | 4 |
| an Existing Full Service Grocery Store or a Proposed Full | 5 |
| Service Grocery Store;
| 6 |
| (3) The Eligible Applicant has committed and available | 7 |
| financing or equity, or both, necessary to complete the | 8 |
| rehabilitation or development project in a timely manner; | 9 |
| and
| 10 |
| (4) The Eligible Applicant is in good standing with the | 11 |
| Illinois Secretary of State's Office.
| 12 |
| (c) Where an Eligible Applicant seeks to qualify for the | 13 |
| benefits under this Act for investing in a full service grocery | 14 |
| store in a Low Income Market Area, the Eligible Applicant must | 15 |
| reasonably demonstrate to the Department that the site that is | 16 |
| the subject of the application meets the criteria for a Low | 17 |
| Income Market Area.
| 18 |
| (d) Provided that an Eligible Applicant meets the criteria | 19 |
| set forth in this Section 62-20 and other applicable conditions | 20 |
| of the Act, the Department shall enter into an Agreement with | 21 |
| the Eligible Applicant on terms and conditions that are | 22 |
| reasonably acceptable to the parties and otherwise in | 23 |
| conformity with this Act.
| 24 |
| (e) The Department may not receive applications after the | 25 |
| Sunset Date. The Department shall have the continuing authority | 26 |
| to (1) review any complete application that has been |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| transmitted to the Department on or before the Sunset Date; (2) | 2 |
| enter into an Agreement with an Eligible Applicant that has | 3 |
| submitted a complete application on or prior to the Sunset Date | 4 |
| provided the Eligible Applicant meets the criteria set forth in | 5 |
| this Section 62-20; and (3) modify and amend Agreements that | 6 |
| were entered into pursuant to an application that was | 7 |
| transmitted on or before the Sunset Date. Such sunset of | 8 |
| authority shall in no way impair the terms, conditions, rights | 9 |
| or obligations of Agreements that have been entered into | 10 |
| pursuant to an application that was transmitted on or before | 11 |
| the Sunset Date.
| 12 |
| (f) Expenditures that an Eligible Applicant has made as of | 13 |
| January 1, 2009 may be included by the Eligible Applicant and | 14 |
| shall be accepted by the Department for the purposes of | 15 |
| determining the amount of an Eligible Applicant's Project | 16 |
| Investment.
| 17 |
| Section 62-30. Limitation on amount of Credit and Tax | 18 |
| Exemptions. The total amount of the Credits and Tax Exemptions | 19 |
| taken by an Eligible Applicant pursuant to an Agreement shall | 20 |
| not exceed the Project Investment in the Existing Full Service | 21 |
| Grocery Store or Proposed Full Service Grocery Store that is | 22 |
| the Subject of the Agreement. This Section 62-30 shall not be | 23 |
| construed as precluding an Eligible Applicant from entering | 24 |
| into more than one Agreement with the Department and fully | 25 |
| realizing the benefits of the Credits and Tax Exemptions |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| granted under each Agreement. | 2 |
| Section 62-50. Contents of agreements with applicants. The | 3 |
| Department shall enter into an Agreement with an Eligible | 4 |
| Applicant that qualifies for a Credit under this Act. The | 5 |
| Agreement must include all of the following: | 6 |
| (a) A detailed description of the rehabilitation or | 7 |
| development project, including the location of the project and | 8 |
| the anticipated amount of the Project Investment.
| 9 |
| (b) A specific method for determining the Payroll during a | 10 |
| taxable year.
| 11 |
| (c) A requirement that the Eligible Applicant shall | 12 |
| annually report to the Department the number of Full-time | 13 |
| Employees, the number of Part-time Employees, the amount of the | 14 |
| Payroll paid, and any other information reasonably necessary to | 15 |
| allow the Director to perform his or her duties under this Act.
| 16 |
| (d) A requirement that the Eligible Applicant certify to | 17 |
| the Director that it continues to operate an Existing Full | 18 |
| Service Grocery Store, which certification may be made as part | 19 |
| of the annual report referenced in subsection (c) of this | 20 |
| Section 62-50.
| 21 |
| (e) A requirement that the Director is authorized to verify | 22 |
| with the appropriate State agencies the matters reported under | 23 |
| subsections (c) and (d), and after doing so shall issue a | 24 |
| certificate to the Eligible Applicant stating that the matters | 25 |
| have been verified.
|
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| (f) The minimum Project Investment that the Eligible | 2 |
| Applicant will make and an estimated time period for completing | 3 |
| the project.
| 4 |
| (g) A provision that, if the project no longer meets the | 5 |
| definition of an Existing Full Service Grocery Store, the | 6 |
| allowance of further Credit and Tax Exemptions shall be | 7 |
| suspended until the project meets the definition.
| 8 |
| (h) A detailed description of the items for which the costs | 9 |
| incurred by the Eligible Applicant will be included in the | 10 |
| limitation on the Credit and Tax Exemptions provided in Section | 11 |
| 62-30.
| 12 |
| (i) A recapture provision providing that (1) if the project | 13 |
| no longer meets the definition of an Existing Full Service | 14 |
| Grocery Store, the allowance of the Credit shall be suspended | 15 |
| until the project meets the definition, except that the | 16 |
| Eligible Applicant shall be permitted to utilize Credits that | 17 |
| have accrued prior to a suspension; and (2) if the Eligible | 18 |
| Applicant discontinues operations at the project site, the | 19 |
| Eligible Applicant shall automatically forfeit all Credits | 20 |
| accrued prior to the termination of operations that have not | 21 |
| been utilized by the Eligible Applicant and the Eligible | 22 |
| Applicant shall not be entitled to any Credits or Tax | 23 |
| Exemptions after the date of termination of operations. Such | 24 |
| recapture provisions shall be deemed to satisfy the | 25 |
| requirements of the Corporate Accountability for Tax | 26 |
| Expenditures Act. The Director may elect to waive enforcement |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| of any contractual provision arising out of the Agreement | 2 |
| required by this Act based on a finding that the waiver is | 3 |
| necessary to avert an imminent and demonstrable hardship to the | 4 |
| Eligible Applicant that may result in such Eligible Applicant's | 5 |
| insolvency or discharge of workers. If a waiver is granted, the | 6 |
| recipient must agree to a contractual modification, including | 7 |
| recapture provisions, to the Agreement. The existence of any | 8 |
| waiver granted pursuant to this subsection (i), the date of the | 9 |
| granting of such waiver, and a brief summary of the reasons | 10 |
| supporting the granting of such waiver shall be disclosed | 11 |
| consistent with the provisions of Section 25 of Corporate | 12 |
| Accountability for Tax Expenditures Act.
| 13 |
| (j) Any other performance conditions or contract | 14 |
| provisions as the Department determines are reasonably | 15 |
| appropriate.
| 16 |
| Section 62-55. Certificate of verification; submission to | 17 |
| the Department of Revenue. An Eligible Applicant claiming a | 18 |
| Credit under this Act shall submit to the Department of Revenue | 19 |
| a copy of the Director's certificate of verification under this | 20 |
| Act for the taxable year. However, failure to submit a copy of | 21 |
| the certificate with the Taxpayer's tax return shall not | 22 |
| invalidate a claim for a Credit. In order to receive a | 23 |
| certificate of verification, the Eligible Applicant shall | 24 |
| certify to the Department prior to the end of each calendar | 25 |
| year that an Agreement is in effect (a) that the project meets |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| the definition of an Existing Full Service Grocery Store and | 2 |
| (b) the amount of Payroll payments that the Eligible Applicant | 3 |
| has made during the taxable year. | 4 |
| Section 62-60. Pass Through Entity. | 5 |
| (a) The shareholders or partners of an Eligible Applicant | 6 |
| that is a Pass Through Entity shall be entitled to the Credit | 7 |
| allowed under an Agreement. | 8 |
| (b) The Credit provided under subsection (a) is in addition | 9 |
| to any Credit to which a shareholder or partner is otherwise | 10 |
| entitled under a separate Agreement under this Act. A Pass | 11 |
| Through Entity and a shareholder or partner of the Pass Through | 12 |
| Entity may not claim more than one Credit under the same | 13 |
| Agreement. | 14 |
| Section 62-65. Noncompliance; notice; assessment. If the | 15 |
| Director believes that an Eligible Applicant which has received | 16 |
| Credits or Tax Exemptions under this Act is not complying with | 17 |
| the requirements of the Agreement or this Act, the Director | 18 |
| shall notify the Eligible Applicant of the alleged | 19 |
| noncompliance and the Eligible Applicant's right to a hearing | 20 |
| pursuant to the Illinois Administrative Procedure Act. If, | 21 |
| after such notice and any hearing, the Director determines that | 22 |
| a noncompliance exists, the Director shall issue to the | 23 |
| Department of Revenue notice to that effect, stating the | 24 |
| Noncompliance Date. The Department of Revenue shall suspend the |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| Eligible Applicant's right to claim and accrue Credits and | 2 |
| receive Tax Exemptions as of the date of the Department's | 3 |
| notice until such time as (a) the Director determines that the | 4 |
| Eligible Applicant is in compliance with the requirements of | 5 |
| the Agreement and the provisions of this Act or (b) the | 6 |
| Eligible Applicant obtains a favorable judicial determination | 7 |
| that the Eligible Applicant's rights should not have been | 8 |
| suspended. In the case of item (b), an Eligible Applicant shall | 9 |
| be entitled to all Credits and Tax Exemptions that would have | 10 |
| accrued during the suspension period but for the determination | 11 |
| of noncompliance. | 12 |
| Section 62-70. Annual report. On or before July 1 of each | 13 |
| year, the Illinois Business Investment Committee shall submit a | 14 |
| report on the program under this Act to the Department and to | 15 |
| the Governor and the General Assembly. The report shall include | 16 |
| information on the number of Agreements that were entered into | 17 |
| under this Act during the preceding calendar year, a | 18 |
| description of the project that is the subject of each | 19 |
| Agreement, an update on the status of projects under Agreements | 20 |
| entered into before the preceding calendar year, and the sum of | 21 |
| the Credits and Tax Exemptions awarded under this Act. A copy | 22 |
| of the report shall be delivered to the Governor and to each | 23 |
| member of the General Assembly. | 24 |
| Section 62-75. Evaluation of Tax Credit Program. On a |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| biennial basis, the Department shall evaluate the program. The | 2 |
| evaluation shall include an assessment of the effectiveness of | 3 |
| the program in increasing accessibility to full service grocery | 4 |
| stores in Underserved Areas and of the revenue impact of the | 5 |
| program, and may include a review of the practices and | 6 |
| experiences of other states with similar programs. The Director | 7 |
| shall submit a report on the evaluation to the Governor and the | 8 |
| General Assembly after June 30 and before November 1 in each | 9 |
| odd-numbered year. | 10 |
| Section 62-80. Adoption of rules. The Department may adopt | 11 |
| rules necessary to implement or administer this Act. The rules | 12 |
| may provide for recipients of Credits and Tax Exemptions under | 13 |
| this Act to be charged fees to cover administrative costs of | 14 |
| the program. Fees collected shall be deposited into the Food | 15 |
| Desert Mitigation Act Fund. | 16 |
| Section 62-85. The Food Desert Mitigation Fund. | 17 |
| (a) The Food Desert Mitigation Fund is established to be | 18 |
| used exclusively for the purposes of this Act, including paying | 19 |
| for the costs of administering this Act. The Fund shall be | 20 |
| administered by the Department.
| 21 |
| (b) The Fund consists of collected fees, appropriations | 22 |
| from the General Assembly, and gifts and grants to the Fund.
| 23 |
| (c) The State Treasurer shall invest the money in the Fund | 24 |
| not currently needed to meet the obligations of the Fund in the |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| same manner as other public funds may be invested. Interest | 2 |
| that accrues from these investments shall be deposited into the | 3 |
| Fund.
The moneys in the Fund at the end of a State fiscal year | 4 |
| shall remain in the Fund to be used exclusively for the | 5 |
| purposes of this Act. Expenditures from the Fund are subject to | 6 |
| appropriation by the General Assembly.
| 7 |
| Section 62-90. Program terms and conditions. Any | 8 |
| documentary materials or data made available to or received by | 9 |
| any agent or employee of the Department shall be deemed | 10 |
| confidential and shall not be deemed public records to the | 11 |
| extent that the materials or data consist of trade secrets, | 12 |
| commercial or financial information regarding the operation of | 13 |
| the business conducted by an Eligible Applicant, or any | 14 |
| information regarding the competitive position of an Eligible | 15 |
| Applicant. Where the Department shares any such materials or | 16 |
| data with any other agency, government employee or unit of | 17 |
| government, the Department shall take steps that are necessary | 18 |
| to ensure such materials and data are afforded the same if not | 19 |
| more strict treatment of confidentiality."; and | 20 |
| on page 224, between lines 5 and 6, by inserting the following: | 21 |
| "Section 80-90. Severability. The provisions of this | 22 |
| Article 80 are severable under Section 1.31 of the Statute on | 23 |
| Statutes. |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| Article 85. | 2 |
| Section 85-5. The Department of Revenue Law of the
Civil | 3 |
| Administrative Code of Illinois is amended by changing Section | 4 |
| 2505-305 as follows:
| 5 |
| (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
| 6 |
| Sec. 2505-305. Investigators.
| 7 |
| (a) The Department has the power to
appoint investigators | 8 |
| to conduct all investigations,
searches, seizures, arrests, | 9 |
| and other duties imposed under the provisions
of any law | 10 |
| administered by the Department
or the Illinois Gaming Board .
| 11 |
| Except as provided in subsection (c), these investigators have
| 12 |
| and
may exercise all the powers of peace officers solely for | 13 |
| the purpose of
enforcing taxing measures administered by the | 14 |
| Department
or the Illinois Gaming Board .
| 15 |
| (b) The Director must authorize to each investigator | 16 |
| employed under this
Section and
to any other employee of the | 17 |
| Department exercising the powers of a peace
officer a
distinct | 18 |
| badge that, on its face, (i) clearly states that the badge is
| 19 |
| authorized
by the
Department and (ii)
contains a unique | 20 |
| identifying number.
No other badge shall be authorized by
the | 21 |
| Department.
| 22 |
| (c) The Department may enter into agreements with the | 23 |
| Illinois Gaming Board providing that investigators appointed |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| under this Section shall exercise the peace officer powers set | 2 |
| forth in paragraph (20.6) of subsection (c) of Section 5 of the | 3 |
| Riverboat Gambling Act.
Investigators appointed under this | 4 |
| Section who are assigned to the
Illinois Gaming Board have and | 5 |
| may exercise all
the rights and powers
of peace officers,
| 6 |
| provided that these powers shall be limited to offenses or | 7 |
| violations occurring
or committed on a riverboat or dock, as | 8 |
| defined in subsections (d) and (f) of
Section 4 of the | 9 |
| Riverboat
Gambling Act.
| 10 |
| (Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01; 92-493, | 11 |
| eff. 1-1-02.)
| 12 |
| Section 85-20. The Illinois Pension Code is amended by | 13 |
| changing Sections 14-110 and 14-152.1 as follows:
| 14 |
| (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
| 15 |
| Sec. 14-110. Alternative retirement annuity.
| 16 |
| (a) Any member who has withdrawn from service with not less | 17 |
| than 20
years of eligible creditable service and has attained | 18 |
| age 55, and any
member who has withdrawn from service with not | 19 |
| less than 25 years of
eligible creditable service and has | 20 |
| attained age 50, regardless of whether
the attainment of either | 21 |
| of the specified ages occurs while the member is
still in | 22 |
| service, shall be entitled to receive at the option of the | 23 |
| member,
in lieu of the regular or minimum retirement annuity, a | 24 |
| retirement annuity
computed as follows:
|
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| (i) for periods of service as a noncovered employee:
if | 2 |
| retirement occurs on or after January 1, 2001, 3% of final
| 3 |
| average compensation for each year of creditable service; | 4 |
| if retirement occurs
before January 1, 2001, 2 1/4% of | 5 |
| final average compensation for each of the
first 10 years | 6 |
| of creditable service, 2 1/2% for each year above 10 years | 7 |
| to
and including 20 years of creditable service, and 2 3/4% | 8 |
| for each year of
creditable service above 20 years; and
| 9 |
| (ii) for periods of eligible creditable service as a | 10 |
| covered employee:
if retirement occurs on or after January | 11 |
| 1, 2001, 2.5% of final average
compensation for each year | 12 |
| of creditable service; if retirement occurs before
January | 13 |
| 1, 2001, 1.67% of final average compensation for each of | 14 |
| the first
10 years of such service, 1.90% for each of the | 15 |
| next 10 years of such service,
2.10% for each year of such | 16 |
| service in excess of 20 but not exceeding 30, and
2.30% for | 17 |
| each year in excess of 30.
| 18 |
| Such annuity shall be subject to a maximum of 75% of final | 19 |
| average
compensation if retirement occurs before January 1, | 20 |
| 2001 or to a maximum
of 80% of final average compensation if | 21 |
| retirement occurs on or after January
1, 2001.
| 22 |
| These rates shall not be applicable to any service | 23 |
| performed
by a member as a covered employee which is not | 24 |
| eligible creditable service.
Service as a covered employee | 25 |
| which is not eligible creditable service
shall be subject to | 26 |
| the rates and provisions of Section 14-108.
|
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| (b) For the purpose of this Section, "eligible creditable | 2 |
| service" means
creditable service resulting from service in one | 3 |
| or more of the following
positions:
| 4 |
| (1) State policeman;
| 5 |
| (2) fire fighter in the fire protection service of a | 6 |
| department;
| 7 |
| (3) air pilot;
| 8 |
| (4) special agent;
| 9 |
| (5) investigator for the Secretary of State;
| 10 |
| (6) conservation police officer;
| 11 |
| (7) investigator for the Department of Revenue or the | 12 |
| Illinois Gaming Board ;
| 13 |
| (8) security employee of the Department of Human | 14 |
| Services;
| 15 |
| (9) Central Management Services security police | 16 |
| officer;
| 17 |
| (10) security employee of the Department of | 18 |
| Corrections or the Department of Juvenile Justice;
| 19 |
| (11) dangerous drugs investigator;
| 20 |
| (12) investigator for the Department of State Police;
| 21 |
| (13) investigator for the Office of the Attorney | 22 |
| General;
| 23 |
| (14) controlled substance inspector;
| 24 |
| (15) investigator for the Office of the State's | 25 |
| Attorneys Appellate
Prosecutor;
| 26 |
| (16) Commerce Commission police officer;
|
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| (17) arson investigator;
| 2 |
| (18) State highway maintenance worker.
| 3 |
| A person employed in one of the positions specified in this | 4 |
| subsection is
entitled to eligible creditable service for | 5 |
| service credit earned under this
Article while undergoing the | 6 |
| basic police training course approved by the
Illinois Law | 7 |
| Enforcement Training
Standards Board, if
completion of that | 8 |
| training is required of persons serving in that position.
For | 9 |
| the purposes of this Code, service during the required basic | 10 |
| police
training course shall be deemed performance of the | 11 |
| duties of the specified
position, even though the person is not | 12 |
| a sworn peace officer at the time of
the training.
| 13 |
| (c) For the purposes of this Section:
| 14 |
| (1) The term "state policeman" includes any title or | 15 |
| position
in the Department of State Police that is held by | 16 |
| an individual employed
under the State Police Act.
| 17 |
| (2) The term "fire fighter in the fire protection | 18 |
| service of a
department" includes all officers in such fire | 19 |
| protection service
including fire chiefs and assistant | 20 |
| fire chiefs.
| 21 |
| (3) The term "air pilot" includes any employee whose | 22 |
| official job
description on file in the Department of | 23 |
| Central Management Services, or
in the department by which | 24 |
| he is employed if that department is not covered
by the | 25 |
| Personnel Code, states that his principal duty is the | 26 |
| operation of
aircraft, and who possesses a pilot's license; |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| however, the change in this
definition made by this | 2 |
| amendatory Act of 1983 shall not operate to exclude
any | 3 |
| noncovered employee who was an "air pilot" for the purposes | 4 |
| of this
Section on January 1, 1984.
| 5 |
| (4) The term "special agent" means any person who by | 6 |
| reason of
employment by the Division of Narcotic Control, | 7 |
| the Bureau of Investigation
or, after July 1, 1977, the | 8 |
| Division of Criminal Investigation, the
Division of | 9 |
| Internal Investigation, the Division of Operations, or any
| 10 |
| other Division or organizational
entity in the Department | 11 |
| of State Police is vested by law with duties to
maintain | 12 |
| public order, investigate violations of the criminal law of | 13 |
| this
State, enforce the laws of this State, make arrests | 14 |
| and recover property.
The term "special agent" includes any | 15 |
| title or position in the Department
of State Police that is | 16 |
| held by an individual employed under the State
Police Act.
| 17 |
| (5) The term "investigator for the Secretary of State" | 18 |
| means any person
employed by the Office of the Secretary of | 19 |
| State and vested with such
investigative duties as render | 20 |
| him ineligible for coverage under the Social
Security Act | 21 |
| by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 22 |
| 218(l)(1)
of that Act.
| 23 |
| A person who became employed as an investigator for the | 24 |
| Secretary of
State between January 1, 1967 and December 31, | 25 |
| 1975, and who has served as
such until attainment of age | 26 |
| 60, either continuously or with a single break
in service |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| of not more than 3 years duration, which break terminated | 2 |
| before
January 1, 1976, shall be entitled to have his | 3 |
| retirement annuity
calculated in accordance with | 4 |
| subsection (a), notwithstanding
that he has less than 20 | 5 |
| years of credit for such service.
| 6 |
| (6) The term "Conservation Police Officer" means any | 7 |
| person employed
by the Division of Law Enforcement of the | 8 |
| Department of Natural Resources and
vested with such law | 9 |
| enforcement duties as render him ineligible for coverage
| 10 |
| under the Social Security Act by reason of Sections | 11 |
| 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 12 |
| term "Conservation Police Officer" includes
the positions | 13 |
| of Chief Conservation Police Administrator and Assistant
| 14 |
| Conservation Police Administrator.
| 15 |
| (7) The term "investigator for the Department of | 16 |
| Revenue" means any
person employed by the Department of | 17 |
| Revenue and vested with such
investigative duties as render | 18 |
| him ineligible for coverage under the Social
Security Act | 19 |
| by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 20 |
| 218(l)(1)
of that Act.
| 21 |
| The term "investigator for the Illinois Gaming Board" | 22 |
| means any
person employed as such by the Illinois Gaming | 23 |
| Board and vested with such
peace officer duties as render | 24 |
| the person ineligible for coverage under the Social
| 25 |
| Security Act by reason of Sections 218(d)(5)(A), | 26 |
| 218(d)(8)(D), and 218(l)(1)
of that Act.
|
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| (8) The term "security employee of the Department of | 2 |
| Human Services"
means any person employed by the Department | 3 |
| of Human Services who (i) is
employed at the Chester Mental | 4 |
| Health Center and has daily contact with the
residents | 5 |
| thereof, (ii) is employed within a security unit at a | 6 |
| facility
operated by the Department and has daily contact | 7 |
| with the residents of the
security unit, (iii) is employed | 8 |
| at a facility operated by the Department
that includes a | 9 |
| security unit and is regularly scheduled to work at least
| 10 |
| 50% of his or her working hours within that security unit, | 11 |
| or (iv) is a mental health police officer.
"Mental health | 12 |
| police officer" means any person employed by the Department | 13 |
| of
Human Services in a position pertaining to the | 14 |
| Department's mental health and
developmental disabilities | 15 |
| functions who is vested with such law enforcement
duties as | 16 |
| render the person ineligible for coverage under the Social | 17 |
| Security
Act by reason of Sections 218(d)(5)(A), | 18 |
| 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | 19 |
| means that portion of a facility that is devoted to
the | 20 |
| care, containment, and treatment of persons committed to | 21 |
| the Department of
Human Services as sexually violent | 22 |
| persons, persons unfit to stand trial, or
persons not | 23 |
| guilty by reason of insanity. With respect to past | 24 |
| employment,
references to the Department of Human Services | 25 |
| include its predecessor, the
Department of Mental Health | 26 |
| and Developmental Disabilities.
|
|
|
|
09600HB2424sam002 |
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|
| 1 |
| The changes made to this subdivision (c)(8) by Public | 2 |
| Act 92-14 apply to persons who retire on or after January | 3 |
| 1,
2001, notwithstanding Section 1-103.1.
| 4 |
| (9) "Central Management Services security police | 5 |
| officer" means any
person employed by the Department of | 6 |
| Central Management Services who is
vested with such law | 7 |
| enforcement duties as render him ineligible for
coverage | 8 |
| under the Social Security Act by reason of Sections | 9 |
| 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
| 10 |
| (10) For a member who first became an employee under | 11 |
| this Article before July 1, 2005, the term "security | 12 |
| employee of the Department of Corrections or the Department | 13 |
| of Juvenile Justice"
means any employee of the Department | 14 |
| of Corrections or the Department of Juvenile Justice or the | 15 |
| former
Department of Personnel, and any member or employee | 16 |
| of the Prisoner
Review Board, who has daily contact with | 17 |
| inmates or youth by working within a
correctional facility | 18 |
| or Juvenile facility operated by the Department of Juvenile | 19 |
| Justice or who is a parole officer or an employee who has
| 20 |
| direct contact with committed persons in the performance of | 21 |
| his or her
job duties. For a member who first becomes an | 22 |
| employee under this Article on or after July 1, 2005, the | 23 |
| term means an employee of the Department of Corrections or | 24 |
| the Department of Juvenile Justice who is any of the | 25 |
| following: (i) officially headquartered at a correctional | 26 |
| facility or Juvenile facility operated by the Department of |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| Juvenile Justice, (ii) a parole officer, (iii) a member of | 2 |
| the apprehension unit, (iv) a member of the intelligence | 3 |
| unit, (v) a member of the sort team, or (vi) an | 4 |
| investigator.
| 5 |
| (11) The term "dangerous drugs investigator" means any | 6 |
| person who is
employed as such by the Department of Human | 7 |
| Services.
| 8 |
| (12) The term "investigator for the Department of State | 9 |
| Police" means
a person employed by the Department of State | 10 |
| Police who is vested under
Section 4 of the Narcotic | 11 |
| Control Division Abolition Act with such
law enforcement | 12 |
| powers as render him ineligible for coverage under the
| 13 |
| Social Security Act by reason of Sections 218(d)(5)(A), | 14 |
| 218(d)(8)(D) and
218(l)(1) of that Act.
| 15 |
| (13) "Investigator for the Office of the Attorney | 16 |
| General" means any
person who is employed as such by the | 17 |
| Office of the Attorney General and
is vested with such | 18 |
| investigative duties as render him ineligible for
coverage | 19 |
| under the Social Security Act by reason of Sections | 20 |
| 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 21 |
| the period before January 1,
1989, the term includes all | 22 |
| persons who were employed as investigators by the
Office of | 23 |
| the Attorney General, without regard to social security | 24 |
| status.
| 25 |
| (14) "Controlled substance inspector" means any person | 26 |
| who is employed
as such by the Department of Professional |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| Regulation and is vested with such
law enforcement duties | 2 |
| as render him ineligible for coverage under the Social
| 3 |
| Security Act by reason of Sections 218(d)(5)(A), | 4 |
| 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 5 |
| "controlled substance inspector" includes the Program
| 6 |
| Executive of Enforcement and the Assistant Program | 7 |
| Executive of Enforcement.
| 8 |
| (15) The term "investigator for the Office of the | 9 |
| State's Attorneys
Appellate Prosecutor" means a person | 10 |
| employed in that capacity on a full
time basis under the | 11 |
| authority of Section 7.06 of the State's Attorneys
| 12 |
| Appellate Prosecutor's Act.
| 13 |
| (16) "Commerce Commission police officer" means any | 14 |
| person employed
by the Illinois Commerce Commission who is | 15 |
| vested with such law
enforcement duties as render him | 16 |
| ineligible for coverage under the Social
Security Act by | 17 |
| reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 18 |
| 218(l)(1) of that Act.
| 19 |
| (17) "Arson investigator" means any person who is | 20 |
| employed as such by
the Office of the State Fire Marshal | 21 |
| and is vested with such law enforcement
duties as render | 22 |
| the person ineligible for coverage under the Social | 23 |
| Security
Act by reason of Sections 218(d)(5)(A), | 24 |
| 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 25 |
| employed as an arson
investigator on January 1, 1995 and is | 26 |
| no longer in service but not yet
receiving a retirement |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| annuity may convert his or her creditable service for
| 2 |
| employment as an arson investigator into eligible | 3 |
| creditable service by paying
to the System the difference | 4 |
| between the employee contributions actually paid
for that | 5 |
| service and the amounts that would have been contributed if | 6 |
| the
applicant were contributing at the rate applicable to | 7 |
| persons with the same
social security status earning | 8 |
| eligible creditable service on the date of
application.
| 9 |
| (18) The term "State highway maintenance worker" means | 10 |
| a person who is
either of the following:
| 11 |
| (i) A person employed on a full-time basis by the | 12 |
| Illinois
Department of Transportation in the position | 13 |
| of
highway maintainer,
highway maintenance lead | 14 |
| worker,
highway maintenance lead/lead worker,
heavy | 15 |
| construction equipment operator,
power shovel | 16 |
| operator, or
bridge mechanic; and
whose principal | 17 |
| responsibility is to perform, on the roadway, the | 18 |
| actual
maintenance necessary to keep the highways that | 19 |
| form a part of the State
highway system in serviceable | 20 |
| condition for vehicular traffic.
| 21 |
| (ii) A person employed on a full-time basis by the | 22 |
| Illinois
State Toll Highway Authority in the position | 23 |
| of
equipment operator/laborer H-4,
equipment | 24 |
| operator/laborer H-6,
welder H-4,
welder H-6,
| 25 |
| mechanical/electrical H-4,
mechanical/electrical H-6,
| 26 |
| water/sewer H-4,
water/sewer H-6,
sign maker/hanger |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 2 |
| roadway lighting H-6,
structural H-4,
structural H-6,
| 3 |
| painter H-4, or
painter H-6; and
whose principal | 4 |
| responsibility is to perform, on the roadway, the | 5 |
| actual
maintenance necessary to keep the Authority's | 6 |
| tollways in serviceable condition
for vehicular | 7 |
| traffic.
| 8 |
| (d) A security employee of the Department of Corrections or | 9 |
| the Department of Juvenile Justice, and a security
employee of | 10 |
| the Department of Human Services who is not a mental health | 11 |
| police
officer, shall not be eligible for the alternative | 12 |
| retirement annuity provided
by this Section unless he or she | 13 |
| meets the following minimum age and service
requirements at the | 14 |
| time of retirement:
| 15 |
| (i) 25 years of eligible creditable service and age 55; | 16 |
| or
| 17 |
| (ii) beginning January 1, 1987, 25 years of eligible | 18 |
| creditable service
and age 54, or 24 years of eligible | 19 |
| creditable service and age 55; or
| 20 |
| (iii) beginning January 1, 1988, 25 years of eligible | 21 |
| creditable service
and age 53, or 23 years of eligible | 22 |
| creditable service and age 55; or
| 23 |
| (iv) beginning January 1, 1989, 25 years of eligible | 24 |
| creditable service
and age 52, or 22 years of eligible | 25 |
| creditable service and age 55; or
| 26 |
| (v) beginning January 1, 1990, 25 years of eligible |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| creditable service
and age 51, or 21 years of eligible | 2 |
| creditable service and age 55; or
| 3 |
| (vi) beginning January 1, 1991, 25 years of eligible | 4 |
| creditable service
and age 50, or 20 years of eligible | 5 |
| creditable service and age 55.
| 6 |
| Persons who have service credit under Article 16 of this | 7 |
| Code for service
as a security employee of the Department of | 8 |
| Corrections or the Department of Juvenile Justice, or the | 9 |
| Department
of Human Services in a position requiring | 10 |
| certification as a teacher may
count such service toward | 11 |
| establishing their eligibility under the service
requirements | 12 |
| of this Section; but such service may be used only for
| 13 |
| establishing such eligibility, and not for the purpose of | 14 |
| increasing or
calculating any benefit.
| 15 |
| (e) If a member enters military service while working in a | 16 |
| position in
which eligible creditable service may be earned, | 17 |
| and returns to State
service in the same or another such | 18 |
| position, and fulfills in all other
respects the conditions | 19 |
| prescribed in this Article for credit for military
service, | 20 |
| such military service shall be credited as eligible creditable
| 21 |
| service for the purposes of the retirement annuity prescribed | 22 |
| in this Section.
| 23 |
| (f) For purposes of calculating retirement annuities under | 24 |
| this
Section, periods of service rendered after December 31, | 25 |
| 1968 and before
October 1, 1975 as a covered employee in the | 26 |
| position of special agent,
conservation police officer, mental |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| health police officer, or investigator
for the Secretary of | 2 |
| State, shall be deemed to have been service as a
noncovered | 3 |
| employee, provided that the employee pays to the System prior | 4 |
| to
retirement an amount equal to (1) the difference between the | 5 |
| employee
contributions that would have been required for such | 6 |
| service as a
noncovered employee, and the amount of employee | 7 |
| contributions actually
paid, plus (2) if payment is made after | 8 |
| July 31, 1987, regular interest
on the amount specified in item | 9 |
| (1) from the date of service to the date
of payment.
| 10 |
| For purposes of calculating retirement annuities under | 11 |
| this Section,
periods of service rendered after December 31, | 12 |
| 1968 and before January 1,
1982 as a covered employee in the | 13 |
| position of investigator for the
Department of Revenue shall be | 14 |
| deemed to have been service as a noncovered
employee, provided | 15 |
| that the employee pays to the System prior to retirement
an | 16 |
| amount equal to (1) the difference between the employee | 17 |
| contributions
that would have been required for such service as | 18 |
| a noncovered employee,
and the amount of employee contributions | 19 |
| actually paid, plus (2) if payment
is made after January 1, | 20 |
| 1990, regular interest on the amount specified in
item (1) from | 21 |
| the date of service to the date of payment.
| 22 |
| (g) A State policeman may elect, not later than January 1, | 23 |
| 1990, to
establish eligible creditable service for up to 10 | 24 |
| years of his service as
a policeman under Article 3, by filing | 25 |
| a written election with the Board,
accompanied by payment of an | 26 |
| amount to be determined by the Board, equal to
(i) the |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| difference between the amount of employee and employer
| 2 |
| contributions transferred to the System under Section 3-110.5, | 3 |
| and the
amounts that would have been contributed had such | 4 |
| contributions been made
at the rates applicable to State | 5 |
| policemen, plus (ii) interest thereon at
the effective rate for | 6 |
| each year, compounded annually, from the date of
service to the | 7 |
| date of payment.
| 8 |
| Subject to the limitation in subsection (i), a State | 9 |
| policeman may elect,
not later than July 1, 1993, to establish | 10 |
| eligible creditable service for
up to 10 years of his service | 11 |
| as a member of the County Police Department
under Article 9, by | 12 |
| filing a written election with the Board, accompanied
by | 13 |
| payment of an amount to be determined by the Board, equal to | 14 |
| (i) the
difference between the amount of employee and employer | 15 |
| contributions
transferred to the System under Section 9-121.10 | 16 |
| and the amounts that would
have been contributed had those | 17 |
| contributions been made at the rates
applicable to State | 18 |
| policemen, plus (ii) interest thereon at the effective
rate for | 19 |
| each year, compounded annually, from the date of service to the
| 20 |
| date of payment.
| 21 |
| (h) Subject to the limitation in subsection (i), a State | 22 |
| policeman or
investigator for the Secretary of State may elect | 23 |
| to establish eligible
creditable service for up to 12 years of | 24 |
| his service as a policeman under
Article 5, by filing a written | 25 |
| election with the Board on or before January
31, 1992, and | 26 |
| paying to the System by January 31, 1994 an amount to be
|
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| determined by the Board, equal to (i) the difference between | 2 |
| the amount of
employee and employer contributions transferred | 3 |
| to the System under Section
5-236, and the amounts that would | 4 |
| have been contributed had such
contributions been made at the | 5 |
| rates applicable to State policemen, plus
(ii) interest thereon | 6 |
| at the effective rate for each year, compounded
annually, from | 7 |
| the date of service to the date of payment.
| 8 |
| Subject to the limitation in subsection (i), a State | 9 |
| policeman,
conservation police officer, or investigator for | 10 |
| the Secretary of State may
elect to establish eligible | 11 |
| creditable service for up to 10 years of
service as a sheriff's | 12 |
| law enforcement employee under Article 7, by filing
a written | 13 |
| election with the Board on or before January 31, 1993, and | 14 |
| paying
to the System by January 31, 1994 an amount to be | 15 |
| determined by the Board,
equal to (i) the difference between | 16 |
| the amount of employee and
employer contributions transferred | 17 |
| to the System under Section
7-139.7, and the amounts that would | 18 |
| have been contributed had such
contributions been made at the | 19 |
| rates applicable to State policemen, plus
(ii) interest thereon | 20 |
| at the effective rate for each year, compounded
annually, from | 21 |
| the date of service to the date of payment.
| 22 |
| Subject to the limitation in subsection (i), a State | 23 |
| policeman,
conservation police officer, or investigator for | 24 |
| the Secretary of State may
elect to establish eligible | 25 |
| creditable service for up to 5 years of
service as a police | 26 |
| officer under Article 3, a policeman under Article 5, a |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| sheriff's law enforcement employee under Article 7, a member of | 2 |
| the county police department under Article 9, or a police | 3 |
| officer under Article 15 by filing
a written election with the | 4 |
| Board and paying
to the System an amount to be determined by | 5 |
| the Board,
equal to (i) the difference between the amount of | 6 |
| employee and
employer contributions transferred to the System | 7 |
| under Section
3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 | 8 |
| and the amounts that would have been contributed had such
| 9 |
| contributions been made at the rates applicable to State | 10 |
| policemen, plus
(ii) interest thereon at the effective rate for | 11 |
| each year, compounded
annually, from the date of service to the | 12 |
| date of payment. | 13 |
| (i) The total amount of eligible creditable service | 14 |
| established by any
person under subsections (g), (h), (j), (k), | 15 |
| and (l) of this
Section shall not exceed 12 years.
| 16 |
| (j) Subject to the limitation in subsection (i), an | 17 |
| investigator for
the Office of the State's Attorneys Appellate | 18 |
| Prosecutor or a controlled
substance inspector may elect to
| 19 |
| establish eligible creditable service for up to 10 years of his | 20 |
| service as
a policeman under Article 3 or a sheriff's law | 21 |
| enforcement employee under
Article 7, by filing a written | 22 |
| election with the Board, accompanied by
payment of an amount to | 23 |
| be determined by the Board, equal to (1) the
difference between | 24 |
| the amount of employee and employer contributions
transferred | 25 |
| to the System under Section 3-110.6 or 7-139.8, and the amounts
| 26 |
| that would have been contributed had such contributions been |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| made at the
rates applicable to State policemen, plus (2) | 2 |
| interest thereon at the
effective rate for each year, | 3 |
| compounded annually, from the date of service
to the date of | 4 |
| payment.
| 5 |
| (k) Subject to the limitation in subsection (i) of this | 6 |
| Section, an
alternative formula employee may elect to establish | 7 |
| eligible creditable
service for periods spent as a full-time | 8 |
| law enforcement officer or full-time
corrections officer | 9 |
| employed by the federal government or by a state or local
| 10 |
| government located outside of Illinois, for which credit is not | 11 |
| held in any
other public employee pension fund or retirement | 12 |
| system. To obtain this
credit, the applicant must file a | 13 |
| written application with the Board by March
31, 1998, | 14 |
| accompanied by evidence of eligibility acceptable to the Board | 15 |
| and
payment of an amount to be determined by the Board, equal | 16 |
| to (1) employee
contributions for the credit being established, | 17 |
| based upon the applicant's
salary on the first day as an | 18 |
| alternative formula employee after the employment
for which | 19 |
| credit is being established and the rates then applicable to
| 20 |
| alternative formula employees, plus (2) an amount determined by | 21 |
| the Board
to be the employer's normal cost of the benefits | 22 |
| accrued for the credit being
established, plus (3) regular | 23 |
| interest on the amounts in items (1) and (2) from
the first day | 24 |
| as an alternative formula employee after the employment for | 25 |
| which
credit is being established to the date of payment.
| 26 |
| (l) Subject to the limitation in subsection (i), a security |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| employee of
the Department of Corrections may elect, not later | 2 |
| than July 1, 1998, to
establish eligible creditable service for | 3 |
| up to 10 years of his or her service
as a policeman under | 4 |
| Article 3, by filing a written election with the Board,
| 5 |
| accompanied by payment of an amount to be determined by the | 6 |
| Board, equal to
(i) the difference between the amount of | 7 |
| employee and employer contributions
transferred to the System | 8 |
| under Section 3-110.5, and the amounts that would
have been | 9 |
| contributed had such contributions been made at the rates | 10 |
| applicable
to security employees of the Department of | 11 |
| Corrections, plus (ii) interest
thereon at the effective rate | 12 |
| for each year, compounded annually, from the date
of service to | 13 |
| the date of payment.
| 14 |
| (m) The amendatory changes to this Section made by this | 15 |
| amendatory Act of the 94th General Assembly apply only to: (1) | 16 |
| security employees of the Department of Juvenile Justice | 17 |
| employed by the Department of Corrections before the effective | 18 |
| date of this amendatory Act of the 94th General Assembly and | 19 |
| transferred to the Department of Juvenile Justice by this | 20 |
| amendatory Act of the 94th General Assembly; and (2) persons | 21 |
| employed by the Department of Juvenile Justice on or after the | 22 |
| effective date of this amendatory Act of the 94th General | 23 |
| Assembly who are required by subsection (b) of Section 3-2.5-15 | 24 |
| of the Unified Code of Corrections to have a bachelor's or | 25 |
| advanced degree from an accredited college or university with a | 26 |
| specialization in criminal justice, education, psychology, |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| social work, or a closely related social science or, in the | 2 |
| case of persons who provide vocational training, who are | 3 |
| required to have adequate knowledge in the skill for which they | 4 |
| are providing the vocational training.
| 5 |
| (n) A person employed in a position under subsection (b) of | 6 |
| this Section who has purchased service credit under subsection | 7 |
| (j) of Section 14-104 or subsection (b) of Section 14-105 in | 8 |
| any other capacity under this Article may convert up to 5 years | 9 |
| of that service credit into service credit covered under this | 10 |
| Section by paying to the Fund an amount equal to (1) the | 11 |
| additional employee contribution required under Section | 12 |
| 14-133, plus (2) the additional employer contribution required | 13 |
| under Section 14-131, plus (3) interest on items (1) and (2) at | 14 |
| the actuarially assumed rate from the date of the service to | 15 |
| the date of payment. | 16 |
| (Source: P.A. 94-4, eff. 6-1-05; 94-696, eff. 6-1-06; 95-530, | 17 |
| eff. 8-28-07; 95-1036, eff. 2-17-09.)
| 18 |
| (40 ILCS 5/14-152.1)
| 19 |
| Sec. 14-152.1. Application and expiration of new benefit | 20 |
| increases. | 21 |
| (a) As used in this Section, "new benefit increase" means | 22 |
| an increase in the amount of any benefit provided under this | 23 |
| Article, or an expansion of the conditions of eligibility for | 24 |
| any benefit under this Article, that results from an amendment | 25 |
| to this Code that takes effect after June 1, 2005 ( the |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| effective date of Public Act 94-4)
this amendatory Act of the | 2 |
| 94th General Assembly . "New benefit increase", however, does | 3 |
| not include any benefit increase resulting from the changes | 4 |
| made to this Article by this amendatory Act of the 96th General | 5 |
| Assembly.
| 6 |
| (b) Notwithstanding any other provision of this Code or any | 7 |
| subsequent amendment to this Code, every new benefit increase | 8 |
| is subject to this Section and shall be deemed to be granted | 9 |
| only in conformance with and contingent upon compliance with | 10 |
| the provisions of this Section.
| 11 |
| (c) The Public Act enacting a new benefit increase must | 12 |
| identify and provide for payment to the System of additional | 13 |
| funding at least sufficient to fund the resulting annual | 14 |
| increase in cost to the System as it accrues. | 15 |
| Every new benefit increase is contingent upon the General | 16 |
| Assembly providing the additional funding required under this | 17 |
| subsection. The Commission on Government Forecasting and | 18 |
| Accountability shall analyze whether adequate additional | 19 |
| funding has been provided for the new benefit increase and | 20 |
| shall report its analysis to the Public Pension Division of the | 21 |
| Department of Financial and Professional Regulation. A new | 22 |
| benefit increase created by a Public Act that does not include | 23 |
| the additional funding required under this subsection is null | 24 |
| and void. If the Public Pension Division determines that the | 25 |
| additional funding provided for a new benefit increase under | 26 |
| this subsection is or has become inadequate, it may so certify |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| to the Governor and the State Comptroller and, in the absence | 2 |
| of corrective action by the General Assembly, the new benefit | 3 |
| increase shall expire at the end of the fiscal year in which | 4 |
| the certification is made.
| 5 |
| (d) Every new benefit increase shall expire 5 years after | 6 |
| its effective date or on such earlier date as may be specified | 7 |
| in the language enacting the new benefit increase or provided | 8 |
| under subsection (c). This does not prevent the General | 9 |
| Assembly from extending or re-creating a new benefit increase | 10 |
| by law. | 11 |
| (e) Except as otherwise provided in the language creating | 12 |
| the new benefit increase, a new benefit increase that expires | 13 |
| under this Section continues to apply to persons who applied | 14 |
| and qualified for the affected benefit while the new benefit | 15 |
| increase was in effect and to the affected beneficiaries and | 16 |
| alternate payees of such persons, but does not apply to any | 17 |
| other person, including without limitation a person who | 18 |
| continues in service after the expiration date and did not | 19 |
| apply and qualify for the affected benefit while the new | 20 |
| benefit increase was in effect.
| 21 |
| (Source: P.A. 94-4, eff. 6-1-05.)
| 22 |
| Section 85-25. The Riverboat Gambling Act is amended by | 23 |
| changing Section 5 as follows:
| 24 |
| (230 ILCS 10/5) (from Ch. 120, par. 2405)
|
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| Sec. 5. Gaming Board.
| 2 |
| (a) (1) There is hereby established within the Department | 3 |
| of Revenue an
Illinois Gaming Board which shall have the powers | 4 |
| and duties specified in
this Act, and all other powers | 5 |
| necessary and proper to fully and
effectively execute this Act | 6 |
| for the purpose of administering, regulating,
and enforcing the | 7 |
| system of riverboat gambling established by this Act. Its
| 8 |
| jurisdiction shall extend under this Act to every person, | 9 |
| association,
corporation, partnership and trust involved in | 10 |
| riverboat gambling
operations in the State of Illinois.
| 11 |
| (2) The Board shall consist of 5 members to be appointed by | 12 |
| the Governor
with the advice and consent of the Senate, one of | 13 |
| whom shall be designated
by the Governor to be chairman. Each | 14 |
| member shall have a reasonable
knowledge of the practice, | 15 |
| procedure and principles of gambling operations.
Each member | 16 |
| shall either be a resident of Illinois or shall certify that he
| 17 |
| will become a resident of Illinois before taking office. At | 18 |
| least one member
shall be experienced in law enforcement and | 19 |
| criminal investigation, at
least one member shall be a | 20 |
| certified public accountant experienced in
accounting and | 21 |
| auditing, and at least one member shall be a lawyer licensed
to | 22 |
| practice law in Illinois.
| 23 |
| (3) The terms of office of the Board members shall be 3 | 24 |
| years, except
that the terms of office of the initial Board | 25 |
| members appointed pursuant to
this Act will commence from the | 26 |
| effective date of this Act and run as
follows: one for a term |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | 2 |
| a term ending July 1, 1993. Upon the expiration of the
| 3 |
| foregoing terms, the successors of such members shall serve a | 4 |
| term for 3
years and until their successors are appointed and | 5 |
| qualified for like terms.
Vacancies in the Board shall be | 6 |
| filled for the unexpired term in like
manner as original | 7 |
| appointments. Each member of the Board shall be
eligible for | 8 |
| reappointment at the discretion of the Governor with the
advice | 9 |
| and consent of the Senate.
| 10 |
| (4) Each member of the Board shall receive $300 for each | 11 |
| day the
Board meets and for each day the member conducts any | 12 |
| hearing pursuant to
this Act. Each member of the Board shall | 13 |
| also be reimbursed for all actual
and necessary expenses and | 14 |
| disbursements incurred in the execution of official
duties.
| 15 |
| (5) No person shall be appointed a member of the Board or | 16 |
| continue to be
a member of the Board who is, or whose spouse, | 17 |
| child or parent is, a member
of the board of directors of, or a | 18 |
| person financially interested in, any
gambling operation | 19 |
| subject to the jurisdiction of this Board, or any race
track, | 20 |
| race meeting, racing association or the operations thereof | 21 |
| subject
to the jurisdiction of the Illinois Racing Board. No | 22 |
| Board member shall
hold any other public office for which he | 23 |
| shall receive compensation other
than necessary travel or other | 24 |
| incidental expenses. No person shall be a
member of the Board | 25 |
| who is not of good moral character or who has been
convicted | 26 |
| of, or is under indictment for, a felony under the laws of
|
|
|
|
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|
| 1 |
| Illinois or any other state, or the United States.
| 2 |
| (6) Any member of the Board may be removed by the Governor | 3 |
| for neglect
of duty, misfeasance, malfeasance, or nonfeasance | 4 |
| in office.
| 5 |
| (7) Before entering upon the discharge of the duties of his | 6 |
| office, each
member of the Board shall take an oath that he | 7 |
| will faithfully execute the
duties of his office according to | 8 |
| the laws of the State and the rules and
regulations adopted | 9 |
| therewith and shall give bond to the State of Illinois,
| 10 |
| approved by the Governor, in the sum of $25,000. Every such | 11 |
| bond, when
duly executed and approved, shall be recorded in the | 12 |
| office of the
Secretary of State. Whenever the Governor | 13 |
| determines that the bond of any
member of the Board has become | 14 |
| or is likely to become invalid or
insufficient, he shall | 15 |
| require such member forthwith to renew his bond,
which is to be | 16 |
| approved by the Governor. Any member of the Board who fails
to | 17 |
| take oath and give bond within 30 days from the date of his | 18 |
| appointment,
or who fails to renew his bond within 30 days | 19 |
| after it is demanded by the
Governor, shall be guilty of | 20 |
| neglect of duty and may be removed by the
Governor. The cost of | 21 |
| any bond given by any member of the Board under this
Section | 22 |
| shall be taken to be a part of the necessary expenses of the | 23 |
| Board.
| 24 |
| (8) Upon the request of the Board, the Department shall | 25 |
| employ such
personnel as may be necessary to carry out the | 26 |
| functions of the Board. No
person shall be employed to serve |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| the Board who is, or whose spouse, parent
or child is, an | 2 |
| official of, or has a financial interest in or financial
| 3 |
| relation with, any operator engaged in gambling operations | 4 |
| within this
State or any organization engaged in conducting | 5 |
| horse racing within this
State. Any employee violating these | 6 |
| prohibitions shall be subject to
termination of employment.
| 7 |
| (9) An Administrator shall perform any and all duties that | 8 |
| the Board
shall assign him. The salary of the Administrator | 9 |
| shall be determined by
the Board and approved by the Director | 10 |
| of the Department and, in addition,
he shall be reimbursed for | 11 |
| all actual and necessary expenses incurred by
him in discharge | 12 |
| of his official duties. The Administrator shall keep
records of | 13 |
| all proceedings of the Board and shall preserve all records,
| 14 |
| books, documents and other papers belonging to the Board or | 15 |
| entrusted to
its care. The Administrator shall devote his full | 16 |
| time to the duties of
the office and shall not hold any other | 17 |
| office or employment.
| 18 |
| (b) The Board shall have general responsibility for the | 19 |
| implementation
of this Act. Its duties include, without | 20 |
| limitation, the following:
| 21 |
| (1) To decide promptly and in reasonable order all | 22 |
| license applications.
Any party aggrieved by an action of | 23 |
| the Board denying, suspending,
revoking, restricting or | 24 |
| refusing to renew a license may request a hearing
before | 25 |
| the Board. A request for a hearing must be made to the | 26 |
| Board in
writing within 5 days after service of notice of |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| the action of the Board.
Notice of the action of the Board | 2 |
| shall be served either by personal
delivery or by certified | 3 |
| mail, postage prepaid, to the aggrieved party.
Notice | 4 |
| served by certified mail shall be deemed complete on the | 5 |
| business
day following the date of such mailing. The Board | 6 |
| shall conduct all
requested hearings promptly and in | 7 |
| reasonable order;
| 8 |
| (2) To conduct all hearings pertaining to civil | 9 |
| violations of this Act
or rules and regulations promulgated | 10 |
| hereunder;
| 11 |
| (3) To promulgate such rules and regulations as in its | 12 |
| judgment may be
necessary to protect or enhance the | 13 |
| credibility and integrity of gambling
operations | 14 |
| authorized by this Act and the regulatory process | 15 |
| hereunder;
| 16 |
| (4) To provide for the establishment and collection of | 17 |
| all license and
registration fees and taxes imposed by this | 18 |
| Act and the rules and
regulations issued pursuant hereto. | 19 |
| All such fees and taxes shall be
deposited into the State | 20 |
| Gaming Fund;
| 21 |
| (5) To provide for the levy and collection of penalties | 22 |
| and fines for the
violation of provisions of this Act and | 23 |
| the rules and regulations
promulgated hereunder. All such | 24 |
| fines and penalties shall be deposited
into the Education | 25 |
| Assistance Fund, created by Public Act 86-0018, of the
| 26 |
| State of Illinois;
|
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| (6) To be present through its inspectors and agents any | 2 |
| time gambling
operations are conducted on any riverboat for | 3 |
| the purpose of certifying the
revenue thereof, receiving | 4 |
| complaints from the public, and conducting such
other | 5 |
| investigations into the conduct of the gambling games and | 6 |
| the
maintenance of the equipment as from time to time the | 7 |
| Board may deem
necessary and proper;
| 8 |
| (7) To review and rule upon any complaint by a licensee
| 9 |
| regarding any investigative procedures of the State which | 10 |
| are unnecessarily
disruptive of gambling operations. The | 11 |
| need to inspect and investigate
shall be presumed at all | 12 |
| times. The disruption of a licensee's operations
shall be | 13 |
| proved by clear and convincing evidence, and establish | 14 |
| that: (A)
the procedures had no reasonable law enforcement | 15 |
| purposes, and (B) the
procedures were so disruptive as to | 16 |
| unreasonably inhibit gambling operations;
| 17 |
| (8) To hold at least one meeting each quarter of the | 18 |
| fiscal
year. In addition, special meetings may be called by | 19 |
| the Chairman or any 2
Board members upon 72 hours written | 20 |
| notice to each member. All Board
meetings shall be subject | 21 |
| to the Open Meetings Act. Three members of the
Board shall | 22 |
| constitute a quorum, and 3 votes shall be required for any
| 23 |
| final determination by the Board. The Board shall keep a | 24 |
| complete and
accurate record of all its meetings. A | 25 |
| majority of the members of the Board
shall constitute a | 26 |
| quorum for the transaction of any business, for the
|
|
|
|
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| performance of any duty, or for the exercise of any power | 2 |
| which this Act
requires the Board members to transact, | 3 |
| perform or exercise en banc, except
that, upon order of the | 4 |
| Board, one of the Board members or an
administrative law | 5 |
| judge designated by the Board may conduct any hearing
| 6 |
| provided for under this Act or by Board rule and may | 7 |
| recommend findings and
decisions to the Board. The Board | 8 |
| member or administrative law judge
conducting such hearing | 9 |
| shall have all powers and rights granted to the
Board in | 10 |
| this Act. The record made at the time of the hearing shall | 11 |
| be
reviewed by the Board, or a majority thereof, and the | 12 |
| findings and decision
of the majority of the Board shall | 13 |
| constitute the order of the Board in
such case;
| 14 |
| (9) To maintain records which are separate and distinct | 15 |
| from the records
of any other State board or commission. | 16 |
| Such records shall be available
for public inspection and | 17 |
| shall accurately reflect all Board proceedings;
| 18 |
| (10) To file a written annual report with the Governor | 19 |
| on or before
March 1 each year and such additional reports | 20 |
| as the Governor may request.
The annual report shall | 21 |
| include a statement of receipts and disbursements
by the | 22 |
| Board, actions taken by the Board, and any additional | 23 |
| information
and recommendations which the Board may deem | 24 |
| valuable or which the Governor
may request;
| 25 |
| (11) (Blank); and
| 26 |
| (12) To assume responsibility for the administration |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| and
enforcement of the Bingo License and Tax Act, the | 2 |
| Charitable Games Act, and
the Pull Tabs and Jar Games Act | 3 |
| if such responsibility is delegated to it
by the Director | 4 |
| of Revenue.
| 5 |
| (c) The Board shall have jurisdiction over and shall | 6 |
| supervise all
gambling operations governed by this Act. The | 7 |
| Board shall have all powers
necessary and proper to fully and | 8 |
| effectively execute the provisions of
this Act, including, but | 9 |
| not limited to, the following:
| 10 |
| (1) To investigate applicants and determine the | 11 |
| eligibility of
applicants for licenses and to select among | 12 |
| competing applicants the
applicants which best serve the | 13 |
| interests of the citizens of Illinois.
| 14 |
| (2) To have jurisdiction and supervision over all | 15 |
| riverboat gambling
operations in this State and all persons | 16 |
| on riverboats where gambling
operations are conducted.
| 17 |
| (3) To promulgate rules and regulations for the purpose | 18 |
| of administering
the provisions of this Act and to | 19 |
| prescribe rules, regulations and
conditions under which | 20 |
| all riverboat gambling in the State shall be
conducted. | 21 |
| Such rules and regulations are to provide for the | 22 |
| prevention of
practices detrimental to the public interest | 23 |
| and for the best interests of
riverboat gambling, including | 24 |
| rules and regulations regarding the
inspection of such | 25 |
| riverboats and the review of any permits or licenses
| 26 |
| necessary to operate a riverboat under any laws or |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| regulations applicable
to riverboats, and to impose | 2 |
| penalties for violations thereof.
| 3 |
| (4) To enter the office, riverboats, facilities, or | 4 |
| other
places of business of a licensee, where evidence of | 5 |
| the compliance or
noncompliance with the provisions of this | 6 |
| Act is likely to be found.
| 7 |
| (5) To investigate alleged violations of this Act or | 8 |
| the
rules of the Board and to take appropriate disciplinary
| 9 |
| action against a licensee or a holder of an occupational | 10 |
| license for a
violation, or institute appropriate legal | 11 |
| action for enforcement, or both.
| 12 |
| (6) To adopt standards for the licensing of all persons | 13 |
| under this Act,
as well as for electronic or mechanical | 14 |
| gambling games, and to establish
fees for such licenses.
| 15 |
| (7) To adopt appropriate standards for all riverboats
| 16 |
| and facilities.
| 17 |
| (8) To require that the records, including financial or | 18 |
| other statements
of any licensee under this Act, shall be | 19 |
| kept in such manner as prescribed
by the Board and that any | 20 |
| such licensee involved in the ownership or
management of | 21 |
| gambling operations submit to the Board an annual balance
| 22 |
| sheet and profit and loss statement, list of the | 23 |
| stockholders or other
persons having a 1% or greater | 24 |
| beneficial interest in the gambling
activities of each | 25 |
| licensee, and any other information the Board deems
| 26 |
| necessary in order to effectively administer this Act and |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| all rules,
regulations, orders and final decisions | 2 |
| promulgated under this Act.
| 3 |
| (9) To conduct hearings, issue subpoenas for the | 4 |
| attendance of
witnesses and subpoenas duces tecum for the | 5 |
| production of books, records
and other pertinent documents | 6 |
| in accordance with the Illinois
Administrative Procedure | 7 |
| Act, and to administer oaths and affirmations to
the | 8 |
| witnesses, when, in the judgment of the Board, it is | 9 |
| necessary to
administer or enforce this Act or the Board | 10 |
| rules.
| 11 |
| (10) To prescribe a form to be used by any licensee | 12 |
| involved in the
ownership or management of gambling | 13 |
| operations as an
application for employment for their | 14 |
| employees.
| 15 |
| (11) To revoke or suspend licenses, as the Board may | 16 |
| see fit and in
compliance with applicable laws of the State | 17 |
| regarding administrative
procedures, and to review | 18 |
| applications for the renewal of licenses. The
Board may | 19 |
| suspend an owners license, without notice or hearing upon a
| 20 |
| determination that the safety or health of patrons or | 21 |
| employees is
jeopardized by continuing a riverboat's | 22 |
| operation. The suspension may
remain in effect until the | 23 |
| Board determines that the cause for suspension
has been | 24 |
| abated. The Board may revoke the owners license upon a
| 25 |
| determination that the owner has not made satisfactory | 26 |
| progress toward
abating the hazard.
|
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| (12) To eject or exclude or authorize the ejection or | 2 |
| exclusion of, any
person from riverboat gambling | 3 |
| facilities where such person is in violation
of this Act, | 4 |
| rules and regulations thereunder, or final orders of the
| 5 |
| Board, or where such person's conduct or reputation is such | 6 |
| that his
presence within the riverboat gambling facilities | 7 |
| may, in the opinion of
the Board, call into question the | 8 |
| honesty and integrity of the gambling
operations or | 9 |
| interfere with orderly conduct thereof; provided that the
| 10 |
| propriety of such ejection or exclusion is subject to | 11 |
| subsequent hearing
by the Board.
| 12 |
| (13) To require all licensees of gambling operations to | 13 |
| utilize a
cashless wagering system whereby all players' | 14 |
| money is converted to tokens,
electronic cards, or chips | 15 |
| which shall be used only for wagering in the
gambling | 16 |
| establishment.
| 17 |
| (14) (Blank).
| 18 |
| (15) To suspend, revoke or restrict licenses, to | 19 |
| require the
removal of a licensee or an employee of a | 20 |
| licensee for a violation of this
Act or a Board rule or for | 21 |
| engaging in a fraudulent practice, and to
impose civil | 22 |
| penalties of up to $5,000 against individuals and up to
| 23 |
| $10,000 or an amount equal to the daily gross receipts, | 24 |
| whichever is
larger, against licensees for each violation | 25 |
| of any provision of the Act,
any rules adopted by the | 26 |
| Board, any order of the Board or any other action
which, in |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| the Board's discretion, is a detriment or impediment to | 2 |
| riverboat
gambling operations.
| 3 |
| (16) To hire employees to gather information, conduct | 4 |
| investigations
and carry out any other tasks contemplated | 5 |
| under this Act.
| 6 |
| (17) To establish minimum levels of insurance to be | 7 |
| maintained by
licensees.
| 8 |
| (18) To authorize a licensee to sell or serve alcoholic | 9 |
| liquors, wine or
beer as defined in the Liquor Control Act | 10 |
| of 1934 on board a riverboat
and to have exclusive | 11 |
| authority to establish the hours for sale and
consumption | 12 |
| of alcoholic liquor on board a riverboat, notwithstanding | 13 |
| any
provision of the Liquor Control Act of 1934 or any | 14 |
| local ordinance, and
regardless of whether the riverboat | 15 |
| makes excursions. The
establishment of the hours for sale | 16 |
| and consumption of alcoholic liquor on
board a riverboat is | 17 |
| an exclusive power and function of the State. A home
rule | 18 |
| unit may not establish the hours for sale and consumption | 19 |
| of alcoholic
liquor on board a riverboat. This amendatory | 20 |
| Act of 1991 is a denial and
limitation of home rule powers | 21 |
| and functions under subsection (h) of
Section 6 of Article | 22 |
| VII of the Illinois Constitution.
| 23 |
| (19) After consultation with the U.S. Army Corps of | 24 |
| Engineers, to
establish binding emergency orders upon the | 25 |
| concurrence of a majority of
the members of the Board | 26 |
| regarding the navigability of water, relative to
|
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| excursions,
in the event
of extreme weather conditions, | 2 |
| acts of God or other extreme circumstances.
| 3 |
| (20) To delegate the execution of any of its powers | 4 |
| under this Act for
the purpose of administering and | 5 |
| enforcing this Act and its rules and
regulations hereunder.
| 6 |
| (20.6) To appoint investigators to conduct | 7 |
| investigations, searches, seizures, arrests, and other | 8 |
| duties imposed under this Act, as deemed necessary by the | 9 |
| Board. These investigators have and may exercise all of the | 10 |
| rights and powers of peace officers, provided that these | 11 |
| powers shall be limited to offenses or violations occurring | 12 |
| or committed on a riverboat or dock, as defined in | 13 |
| subsections (d) and (f) of Section 4, or as otherwise | 14 |
| provided by this Act or any other law. | 15 |
| (20.7) To contract with the Department of State Police | 16 |
| for the use of trained and qualified State police officers | 17 |
| and with the Department of Revenue for the use of trained | 18 |
| and qualified Department of Revenue investigators to | 19 |
| conduct investigations, searches, seizures, arrests, and | 20 |
| other duties imposed under this Act and to exercise all of | 21 |
| the rights and powers of peace officers, provided that the | 22 |
| powers of Department of Revenue investigators under this | 23 |
| subdivision (20.7) shall be limited to offenses or | 24 |
| violations occurring or committed on a riverboat or dock, | 25 |
| as defined in subsections (d) and (f) of Section 4, or as | 26 |
| otherwise provided by this Act or any other law. In the |
|
|
|
09600HB2424sam002 |
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LRB096 10326 DRJ 27855 a |
|
| 1 |
| event the Department of State Police or the Department of | 2 |
| Revenue is unable to fill contracted police or | 3 |
| investigative positions, the Board may appoint | 4 |
| investigators to fill those positions pursuant to | 5 |
| subdivision (20.6).
| 6 |
| (21) To take any other action as may be reasonable or | 7 |
| appropriate to
enforce this Act and rules and regulations | 8 |
| hereunder.
| 9 |
| (d) The Board may seek and shall receive the cooperation of | 10 |
| the
Department of State Police in conducting background | 11 |
| investigations of
applicants and in fulfilling its | 12 |
| responsibilities under
this Section. Costs incurred by the | 13 |
| Department of State Police as
a result of such cooperation | 14 |
| shall be paid by the Board in conformance
with the requirements | 15 |
| of Section 2605-400 of the Department of State Police Law
(20 | 16 |
| ILCS 2605/2605-400).
| 17 |
| (e) The Board must authorize to each investigator and to | 18 |
| any other
employee of the Board exercising the powers of a | 19 |
| peace officer a distinct badge
that, on its face, (i) clearly | 20 |
| states that the badge is authorized by the Board
and
(ii) | 21 |
| contains a unique identifying number. No other badge shall be | 22 |
| authorized
by the Board.
| 23 |
| (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, | 24 |
| eff.
1-1-01.)".
|
|