HB2424sam002 96TH GENERAL ASSEMBLY

Sen. Donne E. Trotter

Filed: 5/31/2009

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2424

2     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:
 
7     "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:
 
10     (20 ILCS 605/605-400)  (was 20 ILCS 605/46.19c)
11     Sec. 605-400. Office of Urban Assistance. The Department
12 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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1 Department, the Office shall have the following duties:
2         (1) To coordinate the activities of the following units
3     and programs of the Department and all other present and
4     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:
7         (A) Enterprise Zone Program.
8         (B) Small Business Development Center Program.
9         (C) Programs that assist in the development of
10     community infrastructure.
11         (D) Illinois House Energy Assistance Program.
12         (E) Illinois Home Weatherization Assistance Program.
13         (F) Programs financed with Community Services Block
14     Grant funds.
15         (G) Industrial Training Program.
16         (H) Technology Transfer and Innovation Program.
17         (I) Rental Rehabilitation Program.
18         (J) Displaced Homemaker Program.
19         (K) Programs under the federal Job Training
20     Partnership Act.
21     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).
25     (2) To gather information concerning any State or federal
26 program that is designed to revitalize or assist depressed

 

 

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1 urban areas in the State and to provide this information to
2 public and private entities upon request.
3     (3) To promote and assist in developing urban inner city
4 industrial parks.
5     (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.
12     (5) To recommend to the General Assembly and the Governor
13 economic policies for urban areas and planning models that will
14 result in the reconstruction of the economy of urban areas,
15 especially those urban areas where economically and socially
16 disadvantaged people live.
17     (6) To make recommendations to the General Assembly and the
18 Governor on the establishment of urban economic policy in the
19 areas of (i) housing, (ii) scientific research, (iii) urban
20 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.
25     (7) To make any rules and regulations necessary to carry
26 out its responsibilities under the Civil Administrative Code of

 

 

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1 Illinois.
2     (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
6 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.
11     (9) To accept grants, loans, or appropriations from the
12 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.
23 (Source: P.A. 91-239, eff. 1-1-00.)"; and
 
24 on page 197, between lines 13 and 14, by inserting the
25 following:
 

 

 

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1
"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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1 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.
12     "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.
16     "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.
23     "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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1 201 of the Illinois Income Tax Act in an amount as set forth in
2 Section 62-15 of this Act.
3     "Department" means the Department of Commerce and Economic
4 Opportunity or successor agency thereto.
5     "Director" means the Director of Commerce and Economic
6 Opportunity.
7     "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.
13     "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.
18     "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.
26     "Food Desert" means a large geographic area (a) designated

 

 

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1 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.
5     "Fresh Foods" means (a) meat, seafood, and produce offered
6 for sale in an unfrozen condition; (b) dairy; (c) and baked
7 goods products.
8     "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.
19     "Fund" means the fund established pursuant to Section
20 62-85.
21     "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.
25     "Low Income or Moderate Income Market Area" means a
26 geographic area having a full service grocery store customer

 

 

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1 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.
4     "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.
11     "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.
15     "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.
18     "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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1     "Placed into Service" shall have the same meaning as
2 described in subsection (h) of Section 201 of the Illinois
3 Income Tax Act.
4     "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.
13     "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.
21     "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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1 Service Grocery Store.
2     "Sunset Date" means June 14, 2014.
3     "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.
6     "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.
9     "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.
23     (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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1 and support the goals and purposes of this Act.
2     (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.
8     (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.
14     (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.
20     (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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1 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.
4     (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.
11     (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.
18     (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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1     (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.
 
9     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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1 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.
5     (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.
15     (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.
26     (d) The Credit shall be in the following amounts and in

 

 

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1 accordance with the following schedules:
2         (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;
7         (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;
12         (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
17         (4) For a Project Investment in excess of $10,000,000,
18     10% of the Payroll for each year of the Agreement.
19     (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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1     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

 

 

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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:

 

 

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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

 

 

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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

 

 

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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.

 

 

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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 - 23 - 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 - 24 - 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 - 25 - 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

 

 

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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 - 27 - 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 - 28 - 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

 

 

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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 - 30 - 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 - 31 - 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 - 32 - 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 - 33 - 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 - 34 - 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 - 35 - 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 - 36 - LRB096 10326 DRJ 27855 a

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 - 37 - 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 - 38 - 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 - 39 - 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 - 40 - 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 - 41 - 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

 

 

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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

 

 

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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 - 44 - 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 - 45 - 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 - 46 - 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 - 47 - 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 - 48 - 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 - 49 - 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 - 50 - 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 - 51 - 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 - 52 - 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

 

 

09600HB2424sam002 - 53 - LRB096 10326 DRJ 27855 a

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 - 54 - 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 - 55 - 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 - 56 - 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

 

 

09600HB2424sam002 - 57 - 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 - 58 - 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 - 59 - 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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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.)".