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1 | AN ACT concerning gaming.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | ARTICLE 1. | ||||||||||||||||||||||||
5 | Section 1-1. Short title. This Article may be cited as the | ||||||||||||||||||||||||
6 | Chicago Casino Development Authority Act. References in this | ||||||||||||||||||||||||
7 | Article to "this Act" mean this Article. | ||||||||||||||||||||||||
8 | Section 1-2. Legislative intent. | ||||||||||||||||||||||||
9 | (a) This Act is intended to benefit the people of the City | ||||||||||||||||||||||||
10 | of Chicago and the State of Illinois by assisting economic | ||||||||||||||||||||||||
11 | development and promoting tourism and by increasing the amount | ||||||||||||||||||||||||
12 | of revenues available to the City and the State to assist and | ||||||||||||||||||||||||
13 | support education.
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14 | (b) While authorization of casino gambling in Chicago will | ||||||||||||||||||||||||
15 | enhance investment, development, and tourism in Illinois, it is | ||||||||||||||||||||||||
16 | recognized that it will do so successfully only if public | ||||||||||||||||||||||||
17 | confidence and trust in the credibility and integrity of the | ||||||||||||||||||||||||
18 | gambling operations and the regulatory process is maintained. | ||||||||||||||||||||||||
19 | Therefore, the provisions of this Act are designed to allow the | ||||||||||||||||||||||||
20 | Illinois Gaming Board to strictly regulate the facilities, | ||||||||||||||||||||||||
21 | persons, associations, and practices related to gambling | ||||||||||||||||||||||||
22 | operations pursuant to the police powers of the State, |
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1 | including comprehensive law enforcement supervision. | ||||||
2 | Consistent with the Gaming Board's authority, the Gaming Board | ||||||
3 | alone shall regulate any Chicago casino, just as it now | ||||||
4 | regulates every other casino in Illinois. | ||||||
5 | Section 1-5. Definitions.
As used in this Act: | ||||||
6 | "Authority" means the Chicago Casino Development Authority | ||||||
7 | created by this
Act.
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8 | "Casino" means one temporary land-based or water-based | ||||||
9 | facility and one permanent land-based or water-based facility | ||||||
10 | and airport gaming locations pursuant to Section 1-67 of this | ||||||
11 | Act at which lawful gambling is authorized
and licensed as | ||||||
12 | provided in the Illinois Gambling Act.
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13 | "Casino Board" means the board appointed pursuant to this | ||||||
14 | Act to govern and control
the Authority. | ||||||
15 | "Casino management contract" means a legally binding
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16 | agreement between the Authority and a casino operator licensee | ||||||
17 | to operate or manage a casino. | ||||||
18 | "Casino operator licensee" means any person or entity | ||||||
19 | selected by the Authority and approved and licensed by the | ||||||
20 | Gaming Board to manage and operate a casino within the City of | ||||||
21 | Chicago pursuant to a casino management contract. | ||||||
22 | "City" means the City of Chicago.
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23 | "Entity" means a corporation, joint venture, partnership, | ||||||
24 | limited liability company, trust, or unincorporated | ||||||
25 | association. |
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1 | "Executive director" means the person appointed by the | ||||||
2 | Casino Board to oversee the
daily operations of the Authority.
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3 | "Gaming Board" means the Illinois Gaming Board created by | ||||||
4 | the Illinois Gambling Act.
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5 | "Mayor" means the Mayor of the City.
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6 | Section 1-12. Creation of the Authority. There is hereby | ||||||
7 | created a political subdivision, unit of local government with | ||||||
8 | only the powers authorized by law, body politic, and municipal | ||||||
9 | corporation, by the name and style of the Chicago Casino | ||||||
10 | Development Authority. | ||||||
11 | Section 1-13. Duties of the Authority. It shall be the duty | ||||||
12 | of the Authority, as an owners licensee under the Illinois | ||||||
13 | Gambling Act, to promote and maintain a casino in the City. The | ||||||
14 | Authority shall own, acquire, construct, lease, equip, and | ||||||
15 | maintain grounds, buildings, and facilities for that purpose. | ||||||
16 | However, the Authority shall contract with a casino operator | ||||||
17 | licensee to manage and operate the casino and in no event shall | ||||||
18 | the Authority or City manage or operate the casino. The | ||||||
19 | Authority may contract pursuant to the procedures set forth in | ||||||
20 | Section 1-115 with other third parties in order to fulfill its | ||||||
21 | purpose. The Authority is responsible for the payment of any | ||||||
22 | fees required of a casino operator under subsection (a) of | ||||||
23 | Section 7.9 of the Illinois Gambling Act if the casino operator | ||||||
24 | licensee is late in paying any such fees. The Authority is |
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1 | granted all rights and powers necessary to perform such duties. | ||||||
2 | Subject to the provisions of this Act, the Authority and casino | ||||||
3 | operator licensee are subject to the Illinois Gambling Act and | ||||||
4 | all of the rules of the Gaming Board, which shall be applied to | ||||||
5 | the Authority and the casino operator licensee in a manner | ||||||
6 | consistent with that of other owners licensees under the | ||||||
7 | Illinois Gambling Act. Nothing in this Act shall confer | ||||||
8 | regulatory authority on the Chicago Casino Development | ||||||
9 | Authority. The Illinois Gaming Board shall have exclusive | ||||||
10 | regulatory authority over all gambling operations governed by | ||||||
11 | this Act. | ||||||
12 | Section 1-15. Casino Board. | ||||||
13 | (a) The governing and administrative powers of the | ||||||
14 | Authority shall be vested
in a body known as the Chicago Casino | ||||||
15 | Development Board. The Casino Board shall
consist of 5 members | ||||||
16 | appointed by the Mayor. One of these
members shall be | ||||||
17 | designated
by the Mayor to serve as chairperson.
All of the | ||||||
18 | members
appointed by the Mayor shall be residents of the City. | ||||||
19 | Each Casino Board appointee shall be subject to a | ||||||
20 | preliminary background investigation completed by the Gaming | ||||||
21 | Board within 30 days after the appointee's submission of his or | ||||||
22 | her application to the Gaming Board. If the Gaming Board | ||||||
23 | determines that there is a substantial likelihood that it will | ||||||
24 | not find the appointee to be suitable to serve on the Casino | ||||||
25 | Board (applying the same standards for suitability to the
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1 | appointee as the Gaming Board would apply to an owners licensee | ||||||
2 | key person under the
Gaming Board's adopted rules), then the | ||||||
3 | Gaming Board shall provide a
written notice of such | ||||||
4 | determination to the appointee and the
Corporation Counsel of | ||||||
5 | the City. The Mayor may then appoint a new candidate. If no | ||||||
6 | such notice is delivered with respect to a particular | ||||||
7 | appointee, then commencing on the 31st day following the date | ||||||
8 | of the appointee's submission of his or her application to the | ||||||
9 | Gaming Board, the appointee shall be deemed an acting member of | ||||||
10 | the Casino Board and shall participate as a Casino Board | ||||||
11 | member. | ||||||
12 | Each appointee shall be subject to a full background | ||||||
13 | investigation and final approval by the Gaming Board prior to | ||||||
14 | the opening of the casino. The Gaming Board shall complete its | ||||||
15 | full background investigation of the Casino Board appointee | ||||||
16 | within 3 months after the date of the appointee's submission of | ||||||
17 | his or her application to the Gaming Board. If the Gaming Board | ||||||
18 | does not complete its background investigation within the | ||||||
19 | 3-month period, then the Gaming Board shall give a written | ||||||
20 | explanation to the appointee, as well as the Mayor, the | ||||||
21 | Governor, the President of the Senate, and the Speaker of the | ||||||
22 | House of Representatives, as to why it has not reached a final | ||||||
23 | determination and set forth a reasonable time when such | ||||||
24 | determination shall be made.
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25 | (b) Casino Board members shall receive $300 for each day | ||||||
26 | the Authority meets and
shall be entitled to reimbursement of |
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1 | reasonable expenses incurred in the
performance of their | ||||||
2 | official duties. A Casino Board member who serves in the office
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3 | of secretary-treasurer may also receive compensation for | ||||||
4 | services provided
as that officer. | ||||||
5 | Section 1-20. Terms of appointments; resignation and | ||||||
6 | removal. | ||||||
7 | (a) The Mayor shall appoint 2 members of the Casino Board | ||||||
8 | for an initial term expiring July 1 of the year following final | ||||||
9 | approval by the Gaming Board, 2 members for an initial term | ||||||
10 | expiring July 1 three years following final approval by the | ||||||
11 | Gaming Board, and one member for an initial term expiring July | ||||||
12 | 1 five years following final approval by the Gaming Board.
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13 | (b) All successors shall be appointed by the Mayor to hold | ||||||
14 | office for a term of 5 years from the first day of July of the | ||||||
15 | year in which they are appointed, except in the case of an | ||||||
16 | appointment to fill a vacancy. Each member, including the | ||||||
17 | chairperson, shall hold office until the expiration of his or | ||||||
18 | her term and until his or her successor is appointed and | ||||||
19 | qualified. Nothing shall preclude a member from serving | ||||||
20 | consecutive terms. Any member may resign from office, to take | ||||||
21 | effect when a successor has been appointed and qualified. A | ||||||
22 | vacancy in office shall occur in the case of a member's death | ||||||
23 | or indictment, conviction, or plea of guilty to a felony. A | ||||||
24 | vacancy shall be filled for the unexpired term by the Mayor | ||||||
25 | subject to the approval of the Gaming Board as provided in this |
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1 | Section.
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2 | (c) Members of the Casino Board shall serve at the pleasure | ||||||
3 | of the Mayor. The Mayor or the Gaming Board may remove any | ||||||
4 | member of the Casino Board upon a finding of incompetence, | ||||||
5 | neglect of duty, or misfeasance or malfeasance in office or for | ||||||
6 | a violation of this Act. The Gaming Board may remove any member | ||||||
7 | of the Casino Board for any violation of the Illinois Gambling | ||||||
8 | Act or the rules and regulations of the Gaming Board.
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9 | (d) No member of the Casino Board shall engage in any | ||||||
10 | political activity. For the purpose of this Section, "political | ||||||
11 | activity" means any activity in support of or in connection | ||||||
12 | with any campaign for federal, State, or local elective office | ||||||
13 | or any political organization, but does not include activities | ||||||
14 | (i) relating to the support or opposition of any executive, | ||||||
15 | legislative, or administrative action, as those terms are | ||||||
16 | defined in Section 2 of the Lobbyist Registration Act, (ii) | ||||||
17 | relating to collective bargaining, or (iii) that are otherwise | ||||||
18 | in furtherance of the person's official duties or governmental | ||||||
19 | and public service functions. | ||||||
20 | Section 1-25. Organization of Casino Board; meetings. | ||||||
21 | After appointment by the Mayor, the Casino Board shall organize | ||||||
22 | for the transaction of business, provided that the Casino Board | ||||||
23 | shall not take any formal action until after the Gaming Board | ||||||
24 | has completed its preliminary background investigation of at | ||||||
25 | least a quorum of the Casino Board as provided in subsection |
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1 | (a) of Section 1-15. The Casino Board shall prescribe the time | ||||||
2 | and place for meetings, the manner in which special meetings | ||||||
3 | may be called, and the notice that must be given to members. | ||||||
4 | All actions and meetings of the Casino Board shall be subject | ||||||
5 | to the provisions of the Open Meetings Act. Three members of | ||||||
6 | the Casino Board shall constitute a quorum. All substantive | ||||||
7 | action of the Casino Board shall be by resolution with an | ||||||
8 | affirmative vote of a majority of the members. | ||||||
9 | Section 1-30. Executive director; officers. | ||||||
10 | (a) The Casino Board shall appoint
an executive director, | ||||||
11 | who shall be the chief executive officer of the
Authority. | ||||||
12 | The executive director shall be subject to a preliminary | ||||||
13 | background investigation to be completed by the Gaming Board | ||||||
14 | within 30 days after the executive director's submission of his | ||||||
15 | or her application to the Gaming Board. If the Gaming Board | ||||||
16 | determines that there is a substantial likelihood that it will | ||||||
17 | not find the executive director to be suitable to serve in that | ||||||
18 | position (applying the same standards for suitability as the
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19 | Gaming Board would apply to an owners licensee key person under | ||||||
20 | the Gaming Board's adopted rules), then the Gaming Board shall | ||||||
21 | provide a written notice of such determination to the appointee | ||||||
22 | and the Corporation Counsel of the City. The Casino Board may | ||||||
23 | then appoint a new executive director. If no such notice is | ||||||
24 | delivered, then commencing on the 31st day following the date | ||||||
25 | of the executive director's submission of his or her |
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1 | application to the Gaming Board, the executive director shall | ||||||
2 | commence all duties as the acting executive director of the | ||||||
3 | Authority. | ||||||
4 | The executive director shall be subject to a full | ||||||
5 | background investigation and final approval by the Gaming Board | ||||||
6 | prior to the opening of the casino. The Gaming Board shall | ||||||
7 | complete its full background investigation of the executive | ||||||
8 | director within 3 months after the date of the executive | ||||||
9 | director's submission of his or her application to the Gaming | ||||||
10 | Board. If the Gaming Board does not complete its background | ||||||
11 | investigation within the 3-month period, then the Gaming Board | ||||||
12 | shall give a written explanation to the appointee, as well as | ||||||
13 | the Mayor, the Governor, the President of the Senate, and the | ||||||
14 | Speaker of the House of Representatives, as to why it has not | ||||||
15 | reached a final determination and set forth a reasonable time | ||||||
16 | when such determination shall be made.
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17 | (b) The Casino Board shall fix the compensation of the | ||||||
18 | executive director.
Subject to the general control of the | ||||||
19 | Casino Board, the executive director shall be
responsible for | ||||||
20 | the management of the business, properties, and
employees of | ||||||
21 | the Authority. The executive director shall direct the
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22 | enforcement of all resolutions, rules, and regulations of the | ||||||
23 | Casino Board, and shall
perform such other duties as may be | ||||||
24 | prescribed from
time to time by the Casino Board. All employees | ||||||
25 | and independent contractors,
consultants, engineers, | ||||||
26 | architects, accountants, attorneys, financial experts,
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1 | construction experts and personnel, superintendents, managers, | ||||||
2 | and other
personnel appointed or employed pursuant to this Act | ||||||
3 | shall
report to the executive director. In addition to any | ||||||
4 | other duties set forth in
this Act, the executive director | ||||||
5 | shall do or shall delegate to an employee or agent of the | ||||||
6 | Authority to do all of the following:
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7 | (1) Direct and supervise the administrative affairs | ||||||
8 | and activities of the
Authority in accordance with its | ||||||
9 | rules, regulations, and policies.
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10 | (2) Attend meetings of the Casino Board.
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11 | (3) Keep minutes of all proceedings of the Casino | ||||||
12 | Board.
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13 | (4) Approve all accounts for salaries, per diem | ||||||
14 | payments, and allowable
expenses of the Casino Board and | ||||||
15 | its employees and consultants.
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16 | (5) Report and make recommendations to the Casino Board | ||||||
17 | concerning the terms and
conditions of any casino | ||||||
18 | management contract.
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19 | (6) Perform any other duty that the Casino Board | ||||||
20 | requires for carrying out the
provisions of this Act.
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21 | (7) Devote his or her full time to the duties of the | ||||||
22 | office and not hold
any other office or employment.
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23 | (c) The Casino Board may select a secretary-treasurer and | ||||||
24 | other officers to hold office at the pleasure of the Casino | ||||||
25 | Board. The Casino Board
shall fix the duties of such officers. |
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1 | Section 1-31. General rights and powers of the Authority. | ||||||
2 | (a) In addition to the duties and powers set forth in this | ||||||
3 | Act, the Authority shall have the following rights and powers: | ||||||
4 | (1) Adopt and alter an official seal. | ||||||
5 | (2) Establish and change its fiscal year. | ||||||
6 | (3) Sue and be sued, plead and be impleaded, all in its | ||||||
7 | own name, and agree to binding arbitration of any dispute | ||||||
8 | to which it is a party. | ||||||
9 | (4) Adopt, amend, and repeal bylaws, rules, and | ||||||
10 | regulations consistent with the furtherance of the powers | ||||||
11 | and duties provided for. | ||||||
12 | (5) Maintain its principal office within the City and | ||||||
13 | such other offices as the Casino Board may designate. | ||||||
14 | (6) Select locations in the City for a temporary and a | ||||||
15 | permanent casino. | ||||||
16 | (7) Subject to the bidding procedures of Section 1-115 | ||||||
17 | of this Act, retain or employ, either as regular employees | ||||||
18 | or independent contractors, consultants, engineers, | ||||||
19 | architects, accountants, attorneys, financial experts, | ||||||
20 | construction experts and personnel, superintendents, | ||||||
21 | managers and other professional personnel, and such other | ||||||
22 | personnel as may be necessary in the judgment of the Casino | ||||||
23 | Board, and fix their compensation; however, employees of | ||||||
24 | the Authority shall be hired pursuant to and in accordance | ||||||
25 | with the rules and policies the Authority may adopt. | ||||||
26 | (8) Pursuant to Section 1-115 of this Act, own, |
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1 | acquire, construct, equip, lease, operate, manage, and | ||||||
2 | maintain grounds, buildings, and facilities to carry out | ||||||
3 | its corporate purposes and duties. | ||||||
4 | (9) Pursuant to Section 1-115, and subject to the | ||||||
5 | oversight, review, and approval of the Gaming Board, enter | ||||||
6 | into, revoke, and modify contracts in accordance with the | ||||||
7 | rules of the Gaming Board as consistently applied to all | ||||||
8 | owners licensees under the Illinois Gambling Act, provided | ||||||
9 | that the Authority may enter into contracts for the design, | ||||||
10 | construction, and outfitting of a temporary casino prior to | ||||||
11 | the Gaming Board's final approval of the Authority's | ||||||
12 | executive director and the members of the Casino Board and | ||||||
13 | prior to the Gaming Board's issuance of the Authority's | ||||||
14 | owners license. Provided further that the entities | ||||||
15 | selected by the Authority for the design, construction,
and | ||||||
16 | outfitting of the temporary casino shall be subject to a | ||||||
17 | preliminary background investigation to
be completed by | ||||||
18 | the Gaming Board within 30 days after the Gaming Board is | ||||||
19 | provided the
identities of the entities. If the Gaming | ||||||
20 | Board determines that there is a substantial likelihood
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21 | that the entities are not suitable or acceptable to perform | ||||||
22 | their respective functions, then the
Gaming Board shall | ||||||
23 | immediately provide notice of that determination to the | ||||||
24 | Authority. If no such
notice is delivered, then, commencing | ||||||
25 | on the 31st day following the date on which the information
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26 | identifying such entities is provided to the Gaming Board, |
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1 | such entities shall be permitted to
commence the services | ||||||
2 | contemplated for the design, construction, and outfitting | ||||||
3 | of the temporary
casino. In no event, however, shall the | ||||||
4 | Authority open a casino until after the Gaming Board has | ||||||
5 | finally approved the Authority's executive director and | ||||||
6 | the members of the Casino Board and the Gaming Board has | ||||||
7 | issued the Authority's owners license and the casino | ||||||
8 | operator's casino operator license. | ||||||
9 | (10) Enter into a casino management contract subject to | ||||||
10 | the provisions of Section 1-45 of this Act. | ||||||
11 | (11) Negotiate and enter into intergovernmental | ||||||
12 | agreements with the State and its agencies, the City, and | ||||||
13 | other units of local government, in furtherance of the | ||||||
14 | powers and duties of the Casino Board. | ||||||
15 | (12) Receive and disburse funds for its own corporate | ||||||
16 | purposes or as otherwise specified in this Act. | ||||||
17 | (13) Borrow money from any source, public or private, | ||||||
18 | for any corporate purpose, including, without limitation, | ||||||
19 | working capital for its operations, reserve funds, or | ||||||
20 | payment of interest, and to mortgage, pledge, or otherwise | ||||||
21 | encumber the property or funds of the Authority and to | ||||||
22 | contract with or engage the services of any person in | ||||||
23 | connection with any financing, including financial | ||||||
24 | institutions, issuers of letters of credit, or insurers and | ||||||
25 | enter into reimbursement agreements with this person or | ||||||
26 | entity which may be secured as if money were borrowed from |
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1 | the person or entity. | ||||||
2 | (14) Issue bonds as provided for under this Act. | ||||||
3 | (15) Receive and accept from any source, private or | ||||||
4 | public, contributions, gifts, or grants of money or | ||||||
5 | property to the Authority. | ||||||
6 | (16) Provide for the insurance of any property, | ||||||
7 | operations, officers, members, agents, or employees of the | ||||||
8 | Authority against any risk or hazard, to self-insure or | ||||||
9 | participate in joint self-insurance pools or entities to | ||||||
10 | insure against such risk or hazard, and to provide for the | ||||||
11 | indemnification of its officers, members, employees, | ||||||
12 | contractors, or agents against any and all risks. | ||||||
13 | (17) Exercise all the corporate powers granted | ||||||
14 | Illinois corporations under the Business Corporation Act | ||||||
15 | of 1983, except to the extent that powers are inconsistent | ||||||
16 | with those of a body politic and municipal corporation. | ||||||
17 | (18) Do all things necessary or convenient to carry out | ||||||
18 | the powers granted by this Act. | ||||||
19 | (b) The Casino Board shall comply with all applicable legal | ||||||
20 | requirements imposed on other owners licensees to conduct all | ||||||
21 | background investigations required under the Illinois Gambling | ||||||
22 | Act and the rules of the Gaming Board. This requirement shall | ||||||
23 | also extend to senior legal, financial, and administrative | ||||||
24 | staff of the Authority. | ||||||
25 | Section 1-32. Ethical conduct. |
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1 | (a) Casino Board members and employees of the Authority | ||||||
2 | must carry out their duties and responsibilities in such a | ||||||
3 | manner as to promote and preserve public trust and confidence | ||||||
4 | in the integrity and conduct of gaming. | ||||||
5 | (b) Except as may be required in the conduct of official | ||||||
6 | duties, Casino Board members and employees of the Authority | ||||||
7 | shall not engage in gambling on any riverboat, in any casino, | ||||||
8 | or in an electronic gaming facility licensed by the Illinois | ||||||
9 | Gaming Board or engage in legalized gambling in any | ||||||
10 | establishment identified by Gaming Board action that, in the | ||||||
11 | judgment of the Gaming Board, could represent a potential for a | ||||||
12 | conflict of interest. | ||||||
13 | (c) A Casino Board member or employee of the Authority | ||||||
14 | shall not use or attempt to use his or her official position to | ||||||
15 | secure or attempt to secure any privilege, advantage, favor, or | ||||||
16 | influence for himself or herself or others. | ||||||
17 | (d) Casino Board members and employees of the Authority | ||||||
18 | shall not hold or pursue employment, office, position, | ||||||
19 | business, or occupation that may conflict with his or her | ||||||
20 | official duties. Employees may engage in other gainful | ||||||
21 | employment so long as that employment does not interfere or | ||||||
22 | conflict with their duties. Such employment must be disclosed | ||||||
23 | to the executive director and approved by the Casino Board. | ||||||
24 | (e) Casino Board members, employees of the Authority, and | ||||||
25 | elected officials and employees of the City may not engage in | ||||||
26 | employment, communications, or any activity identified by the |
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1 | Casino Board or Gaming Board that, in the judgment of either | ||||||
2 | entity, could represent the potential for or the appearance of | ||||||
3 | a conflict of interest. | ||||||
4 | (f) Casino Board members, employees of the Authority, and | ||||||
5 | elected officials and employees of the City may not have a | ||||||
6 | financial interest, directly or indirectly, in his or her own | ||||||
7 | name or in the name of any other person, partnership, | ||||||
8 | association, trust, corporation, or other entity in any | ||||||
9 | contract or subcontract for the performance of any work for the | ||||||
10 | Authority. This prohibition shall extend to the holding or | ||||||
11 | acquisition of an interest in any entity identified by the | ||||||
12 | Casino Board or the Gaming Board that, in the judgment of | ||||||
13 | either entity, could represent the potential for or the | ||||||
14 | appearance of a financial interest. The holding or acquisition | ||||||
15 | of an interest in such entities through an indirect means, such | ||||||
16 | as through a mutual fund, shall not be prohibited, except that | ||||||
17 | the Gaming Board may identify specific investments or funds | ||||||
18 | that, in its judgment, are so influenced by gaming holdings as | ||||||
19 | to represent the potential for or the appearance of a conflict | ||||||
20 | of interest. | ||||||
21 | (g) Casino Board members, employees of the Authority, and | ||||||
22 | elected officials and employees of the City may not accept any | ||||||
23 | gift, gratuity, service, compensation, travel, lodging, or | ||||||
24 | thing of value, with the exception of unsolicited items of an | ||||||
25 | incidental nature, from any person, corporation, or entity | ||||||
26 | doing business with the Authority. |
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1 | (h) No Casino Board member, employee of the Authority, or | ||||||
2 | elected official or employee of the City may, during employment | ||||||
3 | or within a period of 2 years immediately after termination of | ||||||
4 | employment, knowingly accept employment or receive | ||||||
5 | compensation or fees for services from a person or entity, or | ||||||
6 | its parent or affiliate, that has engaged in business with the | ||||||
7 | Authority that resulted in contracts with an aggregate value of | ||||||
8 | at least $25,000 or if that Casino Board member or employee has | ||||||
9 | made a decision that directly applied to the person or entity, | ||||||
10 | or its parent or affiliate. | ||||||
11 | (i) A spouse, child, or parent of a Casino Board member, | ||||||
12 | employee of the Authority, or elected official or employee of | ||||||
13 | the City may not have a financial interest, directly or | ||||||
14 | indirectly, in his or her own name or in the name of any other | ||||||
15 | person, partnership, association, trust, corporation, or other | ||||||
16 | entity in any contract or subcontract for the performance of | ||||||
17 | any work for the Authority. This prohibition shall extend to | ||||||
18 | the holding or acquisition of an interest in any entity | ||||||
19 | identified by the Casino Board or Gaming Board that, in the | ||||||
20 | judgment of either entity, could represent the potential for or | ||||||
21 | the appearance of a conflict of interest. The holding or | ||||||
22 | acquisition of an interest in such entities through an indirect | ||||||
23 | means, such as through a mutual fund, shall not be prohibited, | ||||||
24 | except that the Gaming Board may identify specific investments | ||||||
25 | or funds that, in its judgment, are so influenced by gaming | ||||||
26 | holdings as to represent the potential for or the appearance of |
| |||||||
| |||||||
1 | a conflict of interest. | ||||||
2 | (j) A spouse, child, or parent of a Casino Board member, | ||||||
3 | employee of the Authority, or elected official or employee of | ||||||
4 | the City may not accept any gift, gratuity, service, | ||||||
5 | compensation, travel, lodging, or thing of value, with the | ||||||
6 | exception of unsolicited items of an incidental nature, from | ||||||
7 | any person, corporation, or entity doing business with the | ||||||
8 | Authority. | ||||||
9 | (k) A spouse, child, or parent of a Casino Board member, | ||||||
10 | employee of the Authority, or elected official or employee of | ||||||
11 | the City may not, while the person is a Board member or | ||||||
12 | employee of the spouse or within a period of 2 years | ||||||
13 | immediately after termination of employment, knowingly accept | ||||||
14 | employment or receive compensation or fees for services from a | ||||||
15 | person or entity, or its parent or affiliate, that has engaged | ||||||
16 | in business with the Authority that resulted in contracts with | ||||||
17 | an aggregate value of at least $25,000 or if that Casino Board | ||||||
18 | member, employee, or elected official or employee of the City | ||||||
19 | has made a decision that directly applied to the person or | ||||||
20 | entity, or its parent or affiliate. | ||||||
21 | (l) No Casino Board member, employee of the Authority, or | ||||||
22 | elected official or employee of the City may attempt, in any | ||||||
23 | way, to influence any person or entity doing business with the | ||||||
24 | Authority or any officer, agent, or employee thereof to hire or | ||||||
25 | contract with any person or entity for any compensated work. | ||||||
26 | (m) No Casino Board member, employee of the Authority, or |
| |||||||
| |||||||
1 | elected official or employee of the City shall use or attempt | ||||||
2 | to use his or her official position to secure, or attempt to | ||||||
3 | secure, any privilege, advantage, favor, or influence for | ||||||
4 | himself or herself or others. No Casino Board member, employee | ||||||
5 | of the Authority, or elected official or employee of the City | ||||||
6 | shall, within one year immediately preceding appointment by the | ||||||
7 | Mayor or employment, have been employed or received | ||||||
8 | compensation or fees for services from a person or entity, or | ||||||
9 | its parent or affiliate, that has engaged in business with the | ||||||
10 | Casino Board, a licensee under this Act, or a licensee under | ||||||
11 | the Illinois Gambling Act. | ||||||
12 | (n) Any communication between an elected official of the | ||||||
13 | City and any applicant for or party to a casino management | ||||||
14 | contract with the Authority, or an officer, director, or | ||||||
15 | employee thereof, concerning any matter relating in any way to | ||||||
16 | gaming or the Authority shall be disclosed to the Casino Board | ||||||
17 | and the Gaming Board. Such disclosure shall be in writing by | ||||||
18 | the official within 30 days after the communication and shall | ||||||
19 | be filed with the Casino Board and the Gaming Board. Disclosure | ||||||
20 | must consist of the date of the communication, the identity and | ||||||
21 | job title of the person with whom the communication was made, a | ||||||
22 | brief summary of the communication, the action requested or | ||||||
23 | recommended, all responses made, the identity and job title of | ||||||
24 | the person making the response, and any other pertinent | ||||||
25 | information. In addition, if the communication is written or | ||||||
26 | digital, then the entire communication shall be disclosed. |
| |||||||
| |||||||
1 | Public disclosure of the written summary provided to the | ||||||
2 | Casino Board and the Gaming Board shall be subject to the | ||||||
3 | exemptions provided under Section 7 of the Freedom of | ||||||
4 | Information Act. | ||||||
5 | This subsection (n) shall not apply to communications | ||||||
6 | regarding traffic, law enforcement, security, environmental | ||||||
7 | issues, City services, transportation, or other routine | ||||||
8 | matters concerning the ordinary operations of the casino. | ||||||
9 | (o) For purposes of this Section: | ||||||
10 | "Ordinary operations" means operations relating to the | ||||||
11 | casino facility other than the conduct of gambling activities. | ||||||
12 | "Routine matters" includes the application for, issuance, | ||||||
13 | renewal, and other processes associated with City permits and | ||||||
14 | licenses. | ||||||
15 | "Employee of the City" means only those employees of the | ||||||
16 | City who provide services to the Authority or otherwise | ||||||
17 | influence the decisions of the Authority or the Casino Board. | ||||||
18 | (p) Any Casino Board member or employee of the Authority | ||||||
19 | who violates any provision of this Section is guilty of a Class | ||||||
20 | 4 felony.
| ||||||
21 | Section 1-45. Casino management contracts. | ||||||
22 | (a) In accordance with all applicable procurement laws and | ||||||
23 | rules, the Casino Board shall develop and administer a | ||||||
24 | competitive sealed bidding process
for the
selection of a | ||||||
25 | potential casino operator licensee to develop or operate a |
| |||||||
| |||||||
1 | casino within the City.
The Casino Board shall issue one or | ||||||
2 | more requests for proposals. The Casino Board may
establish | ||||||
3 | minimum financial and investment requirements to determine the
| ||||||
4 | eligibility of persons to respond to the Casino Board's | ||||||
5 | requests for proposals, and may
establish and consider such | ||||||
6 | other criteria as it deems appropriate. The Casino Board
may | ||||||
7 | impose a reasonable fee upon persons who respond to requests | ||||||
8 | for proposals, in order to
reimburse the Casino Board for its | ||||||
9 | costs in preparing and issuing the requests and
reviewing the | ||||||
10 | proposals. At least 30 days prior to the commencement of the | ||||||
11 | competitive bidding process, the Gaming Board shall be given an | ||||||
12 | opportunity to review the competitive bidding process | ||||||
13 | established by the Casino Board. During the competitive bidding | ||||||
14 | process, the Casino Board shall keep the Gaming Board apprised | ||||||
15 | of the process and the responses received in connection with | ||||||
16 | the Casino Board's requests for proposals.
| ||||||
17 | (b) Within 5 business days after the time limit for | ||||||
18 | submitting bids and proposals has passed, the Casino Board | ||||||
19 | shall make all bids and proposals public, provided, however, | ||||||
20 | the Casino Board shall not be required to disclose any | ||||||
21 | information which would be exempt from disclosure under Section | ||||||
22 | 7 of the Freedom of Information Act. Thereafter, the Casino | ||||||
23 | Board shall evaluate the responses to its requests for | ||||||
24 | proposals and
the ability of all persons or entities responding | ||||||
25 | to its requests for proposals
to meet the requirements of this | ||||||
26 | Act and any relevant provisions of the Illinois Gambling Act |
| |||||||
| |||||||
1 | and to undertake and perform the
obligations set forth in its | ||||||
2 | requests for proposals.
| ||||||
3 | (c) After reviewing proposals and selecting a successful | ||||||
4 | bidder, the Casino Board shall enter into a casino management | ||||||
5 | contract with the successful bidder authorizing the operation | ||||||
6 | of a casino. The casino operator shall be subject to a | ||||||
7 | background investigation and approval by the Gaming Board. The | ||||||
8 | Gaming Board shall complete its background investigation and | ||||||
9 | approval of the casino operator within 6 months after the date | ||||||
10 | that the proposed casino operator submits its application to | ||||||
11 | the Gaming Board. If the Gaming Board does not complete its | ||||||
12 | background investigation and approval within the 6-month | ||||||
13 | period, then the Gaming Board shall give a written explanation | ||||||
14 | to the proposed casino operator and the chief legal officer of | ||||||
15 | the Authority as to why it has not reached a final | ||||||
16 | determination and when it reasonably expects to make a final | ||||||
17 | determination. Validity of the casino management contract is | ||||||
18 | contingent upon the issuance of a casino operator license to | ||||||
19 | the successful bidder. If the Gaming Board grants a casino | ||||||
20 | operator license, the Casino Board shall transmit a copy of the | ||||||
21 | executed casino management contract to the Gaming Board. | ||||||
22 | (d) After (1) the Authority has been issued an owners | ||||||
23 | license, (2) the Gaming Board has issued a casino operator | ||||||
24 | license, and (3) the Gaming Board has approved the members of | ||||||
25 | the Casino Board, the Authority may conduct gaming operations | ||||||
26 | at a temporary facility, subject to the adopted rules of the |
| |||||||
| |||||||
1 | Gaming Board, for no longer than 24 months after gaming | ||||||
2 | operations begin. The Gaming Board may, after holding a public | ||||||
3 | hearing, grant an extension so long as a permanent facility is | ||||||
4 | not operational and the Authority is working in good faith to | ||||||
5 | complete the permanent facility. The Gaming Board may grant | ||||||
6 | additional extensions following further public hearings. Each | ||||||
7 | extension may be for a period of no longer than 6 months. | ||||||
8 | (e) Fifty percent of any initial consideration received by | ||||||
9 | the Authority that was paid as an inducement pursuant to a bid | ||||||
10 | for a casino management contract or an executed casino | ||||||
11 | management contract must be transmitted to the State and | ||||||
12 | deposited into the Gaming Facilities Fee Revenue Fund. The | ||||||
13 | initial consideration shall not include (1) any amounts paid to | ||||||
14 | the Authority as reimbursement for its costs in preparing or | ||||||
15 | issuing the requests for proposals and reviewing the proposals | ||||||
16 | or (2) any amounts loaned to the Authority or paid by an entity | ||||||
17 | on behalf of the Authority for the design, construction, | ||||||
18 | outfitting, or equipping of the casino, pre-opening expenses, | ||||||
19 | bank roll or similar expenses required to open and operate the | ||||||
20 | casino, or any license or per position fees imposed pursuant to | ||||||
21 | the Illinois Gambling Act or any other financial obligation of | ||||||
22 | the Authority. | ||||||
23 | Section 1-47. Freedom of Information Act. The Authority | ||||||
24 | shall be a public body as defined in the Freedom of Information | ||||||
25 | Act and shall be subject to the provisions of the Freedom of |
| |||||||
| |||||||
1 | Information Act. | ||||||
2 | Section 1-50. Transfer of funds. The revenues received by | ||||||
3 | the Authority (other than amounts required to be paid pursuant | ||||||
4 | to the Illinois Gambling Act and amounts required to pay the
| ||||||
5 | operating expenses of the Authority, to pay amounts due the | ||||||
6 | casino operator licensee pursuant to a casino management | ||||||
7 | contract, to repay any borrowing of the Authority
made pursuant | ||||||
8 | to Section 1-31, to pay debt service on any bonds issued under
| ||||||
9 | Section
1-75, and to pay any expenses in connection with the | ||||||
10 | issuance of such bonds
pursuant to Section 1-75 or derivative | ||||||
11 | products pursuant to Section 1-85) shall
be transferred
to the
| ||||||
12 | City by the Authority. Moneys transferred to the City pursuant | ||||||
13 | to this Section shall be expended or obligated by the City for | ||||||
14 | the construction, maintenance, and modernization of schools. | ||||||
15 | Section 1-60. Auditor General. | ||||||
16 | (a) Prior to the issuance of bonds under this Act, the | ||||||
17 | Authority shall submit to the Auditor General a certification | ||||||
18 | that: | ||||||
19 | (1) it is legally authorized to issue bonds; | ||||||
20 | (2) scheduled annual payments of principal and | ||||||
21 | interest on the bonds to be issued meet the requirements of | ||||||
22 | Section 1-75 of this Act; | ||||||
23 | (3) no bond shall mature later than 30 years; and | ||||||
24 | (4) after payment of costs of issuance and necessary |
| |||||||
| |||||||
1 | deposits to funds and accounts established with respect to | ||||||
2 | debt service on the bonds, the net bond proceeds (exclusive | ||||||
3 | of any proceeds to be used to refund outstanding bonds) | ||||||
4 | will be used only for the purposes set forth in this Act. | ||||||
5 | The Authority also shall submit to the Auditor General its | ||||||
6 | projections on revenues to be generated and pledged to | ||||||
7 | repayment of the bonds as scheduled and such other information | ||||||
8 | as the Auditor General may reasonably request. | ||||||
9 | The Auditor General shall examine the certifications and | ||||||
10 | information submitted and submit a report to the Authority and | ||||||
11 | the Gaming Board indicating whether the required | ||||||
12 | certifications, projections, and other information have been | ||||||
13 | submitted by the Authority and whether the assumptions | ||||||
14 | underlying the projections are not unreasonable in the | ||||||
15 | aggregate. The Auditor General shall submit the report no later | ||||||
16 | than 60 days after receiving the information required to be | ||||||
17 | submitted by the Authority. | ||||||
18 | The Auditor General shall submit a bill to the Authority | ||||||
19 | for costs associated with the examinations and report required | ||||||
20 | under this Section. The Authority shall reimburse in a timely | ||||||
21 | manner. | ||||||
22 | (b) The Authority shall enter into an intergovernmental | ||||||
23 | agreement with the Auditor General authorizing the Auditor | ||||||
24 | General to, every 2 years, (i) review the financial audit of | ||||||
25 | the Authority performed by the Authority's certified public | ||||||
26 | accountants, (ii) perform a management audit of the Authority, |
| |||||||
| |||||||
1 | and (iii) perform a management audit of the casino operator | ||||||
2 | licensee. The Auditor General shall provide the Authority and | ||||||
3 | the General Assembly with the audits and shall post on his or | ||||||
4 | her Internet website such portions of the audit or other | ||||||
5 | financial information as generally would be made publicly | ||||||
6 | available for other owners licensees under the Illinois | ||||||
7 | Gambling Act. The Auditor General shall submit a bill to the | ||||||
8 | Authority for costs associated with the review and the audit | ||||||
9 | required under this Section, which costs shall not exceed | ||||||
10 | $100,000, and the Authority shall reimburse the Auditor General | ||||||
11 | for such costs in a timely manner. | ||||||
12 | Section 1-62. Advisory committee. An Advisory Committee is | ||||||
13 | established to monitor, review, and report on (1) the | ||||||
14 | Authority's utilization of minority-owned business enterprises | ||||||
15 | and female-owned business enterprises, (2) employment of | ||||||
16 | females, and (3) employment of minorities with regard to the | ||||||
17 | development and construction of the casino as authorized under | ||||||
18 | Section 7 of the Illinois Gambling Act. The Authority shall | ||||||
19 | work with the Advisory Committee in accumulating necessary | ||||||
20 | information for the Committee to submit reports, as necessary, | ||||||
21 | to the General Assembly and to the City.
| ||||||
22 | The Committee shall consist of 9 members as provided in | ||||||
23 | this Section. Five members shall be selected by the Governor | ||||||
24 | and 4 members shall be selected by the Mayor. The Governor and | ||||||
25 | Mayor shall each appoint at least one current member of the |
| |||||||
| |||||||
1 | General Assembly. The Advisory Committee shall meet | ||||||
2 | periodically and shall report the information to the Mayor of | ||||||
3 | the City and to the General Assembly by December 31st of every | ||||||
4 | year. | ||||||
5 | The Advisory Committee shall be dissolved on the date that | ||||||
6 | casino gambling operations are first conducted at a permanent | ||||||
7 | facility under the license authorized under Section 7 of the | ||||||
8 | Illinois Gambling Act. For the purposes of this Section, the | ||||||
9 | terms "female" and "minority person" have the meanings provided | ||||||
10 | in Section 2 of the Business Enterprise for Minorities, | ||||||
11 | Females, and Persons with Disabilities Act. | ||||||
12 | Section 1-65. Acquisition of property; eminent domain | ||||||
13 | proceedings. For the lawful purposes of this Act, the City may | ||||||
14 | acquire, by eminent
domain or by condemnation proceedings in | ||||||
15 | the manner provided by the Eminent Domain Act, real or personal | ||||||
16 | property or interests in real
or personal property located in | ||||||
17 | the City, and the City may convey to the Authority
property so | ||||||
18 | acquired. The acquisition of property under this Section is
| ||||||
19 | declared to be for a public use.
| ||||||
20 | Section 1-67. Limitations on gaming at Chicago airports.
| ||||||
21 | The Authority may conduct gaming operations in an airport under | ||||||
22 | the administration or control of the Chicago Department of | ||||||
23 | Aviation. Gaming operations may be conducted pursuant to this | ||||||
24 | Section so long as (i) gaming operations are conducted in a |
| |||||||
| |||||||
1 | secured area that is beyond the Transportation Security | ||||||
2 | Administration security checkpoints and only available to | ||||||
3 | airline passengers at least 21 years of age who are members of | ||||||
4 | a private club, and not to the general public, (ii) gaming | ||||||
5 | operations are limited to slot machines, as defined in Section | ||||||
6 | 4 of the Illinois Gambling Act, and (iii) the combined number | ||||||
7 | of gaming positions operating in the City at the airports and | ||||||
8 | at the temporary and permanent casino facility does not exceed | ||||||
9 | the maximum number of gaming positions authorized pursuant to | ||||||
10 | subsection (h) of Section 7 of the Illinois Gambling Act. | ||||||
11 | Gaming operations at an airport are subject to all applicable | ||||||
12 | laws and rules that apply to any other gaming facility under | ||||||
13 | this Act or the Illinois Gambling Act. | ||||||
14 | Section 1-70. Local regulation. In addition to this Act, | ||||||
15 | the Illinois Gambling Act, and all of the rules of the Gaming | ||||||
16 | Board, the casino facilities and operations therein
shall be | ||||||
17 | subject to all ordinances and regulations of the City. The
| ||||||
18 | construction, development, and operation of the casino shall | ||||||
19 | comply with all
ordinances, regulations, rules, and controls of | ||||||
20 | the City, including, but not
limited to, those relating to | ||||||
21 | zoning and planned development, building, fire
prevention, and | ||||||
22 | land use. However, the regulation of gaming operations is
| ||||||
23 | subject to the exclusive jurisdiction of the Gaming Board. The | ||||||
24 | Gaming Board shall be responsible for the investigation for and | ||||||
25 | issuance of all licenses required by this Act and the Illinois |
| |||||||
| |||||||
1 | Gambling Act. | ||||||
2 | Section 1-75. Borrowing. | ||||||
3 | (a) The Authority may borrow money and
issue bonds as | ||||||
4 | provided in this Section. Bonds of the Authority may be issued
| ||||||
5 | to provide funds for land acquisition, site assembly and | ||||||
6 | preparation, and the design and construction of the casino, as | ||||||
7 | defined in the Illinois Gambling Act, all ancillary and related | ||||||
8 | facilities comprising the casino complex, and all on-site and | ||||||
9 | off-site infrastructure improvements required in connection | ||||||
10 | with the development of the casino; to refund (at the time or | ||||||
11 | in advance of any maturity or
redemption) or redeem any bonds | ||||||
12 | of the Authority; to provide or increase a
debt
service reserve | ||||||
13 | fund or other reserves with respect to any or all of its bonds;
| ||||||
14 | or to pay the legal, financial, administrative, bond
insurance, | ||||||
15 | credit enhancement, and other legal expenses of the | ||||||
16 | authorization,
issuance, or delivery of bonds. In this Act, the | ||||||
17 | term "bonds" also includes
notes of any kind, interim | ||||||
18 | certificates, refunding bonds, or any other evidence
of | ||||||
19 | obligation for borrowed money issued under this Section. Bonds | ||||||
20 | may be
issued in one or more series and may be payable and | ||||||
21 | secured either on a parity
with or separately from other bonds.
| ||||||
22 | (b) The bonds of the Authority shall be payable from one or | ||||||
23 | more of
the following sources: (i) the property or revenues of | ||||||
24 | the Authority; (ii)
revenues derived from the casino; (iii) | ||||||
25 | revenues derived from any casino
operator licensee; (iv) fees, |
| |||||||
| |||||||
1 | bid proceeds, charges, lease payments, payments required | ||||||
2 | pursuant to any
casino management contract or other revenues | ||||||
3 | payable to the
Authority, or any
receipts of the Authority; (v) | ||||||
4 | payments by financial institutions, insurance
companies, or | ||||||
5 | others pursuant to letters or lines of credit, policies of
| ||||||
6 | insurance, or purchase agreements; (vi) investment earnings | ||||||
7 | from funds or
accounts maintained pursuant to a bond resolution | ||||||
8 | or trust indenture; (vii)
proceeds of refunding bonds; (viii) | ||||||
9 | any other revenues derived from or payments by the City; and | ||||||
10 | (ix) any payments by any casino operator licensee or others | ||||||
11 | pursuant to any guaranty agreement.
| ||||||
12 | (c) Bonds shall be authorized by a resolution of the | ||||||
13 | Authority and may be
secured by a trust indenture by and | ||||||
14 | between the Authority and a corporate
trustee or trustees, | ||||||
15 | which may be any trust company or bank having the powers
of a | ||||||
16 | trust company within or without the State. Bonds shall meet the | ||||||
17 | following requirements:
| ||||||
18 | (1) Bonds may bear interest payable at any time or | ||||||
19 | times and at any rate or rates, notwithstanding any other | ||||||
20 | provision of law to the contrary, and may be subject to | ||||||
21 | such other terms and conditions as may be provided by the | ||||||
22 | resolution or indenture authorizing the issuance of such | ||||||
23 | bonds.
| ||||||
24 | (2) Bonds issued pursuant to this Section may be | ||||||
25 | payable on such dates and times as may be provided for by | ||||||
26 | the resolution or indenture authorizing the issuance of |
| |||||||
| |||||||
1 | such bonds; provided, however, that such bonds shall mature | ||||||
2 | no later than 30 years from the date of issuance. | ||||||
3 | (3) Bonds issued pursuant to this Section may be sold | ||||||
4 | pursuant to notice of sale and public bid or by negotiated | ||||||
5 | sale.
| ||||||
6 | (4) Bonds shall be payable at a time or times, in the | ||||||
7 | denominations and form,
including book entry form, either | ||||||
8 | coupon, registered, or both, and carry the
registration and | ||||||
9 | privileges as to exchange, transfer or conversion, and
| ||||||
10 | replacement of mutilated, lost, or destroyed bonds as the | ||||||
11 | resolution or trust
indenture may provide.
| ||||||
12 | (5) Bonds shall be payable in lawful money of the | ||||||
13 | United States at a designated
place.
| ||||||
14 | (6) Bonds shall be subject to the terms of purchase, | ||||||
15 | payment, redemption, refunding,
or refinancing that the | ||||||
16 | resolution or trust indenture provides.
| ||||||
17 | (7) Bonds shall be executed by the manual or facsimile | ||||||
18 | signatures of the officers
of the Authority designated by | ||||||
19 | the Board, which signatures shall be valid at
delivery even
| ||||||
20 | for one who has ceased to hold office.
| ||||||
21 | (8) Bonds shall be sold at public or private sale in | ||||||
22 | the manner and upon the terms
determined by the Authority.
| ||||||
23 | (9) Bonds shall be issued in accordance with the | ||||||
24 | provisions of the Local
Government Debt Reform Act.
| ||||||
25 | (d) The Authority shall adopt a procurement program with | ||||||
26 | respect to contracts relating to underwriters, bond counsel, |
| |||||||
| |||||||
1 | financial advisors, and accountants. The program shall include | ||||||
2 | goals for the payment of not less than 30% of the total dollar | ||||||
3 | value of the fees from these contracts to minority-owned | ||||||
4 | businesses and female-owned businesses as defined in the | ||||||
5 | Business Enterprise for Minorities, Females, and Persons with | ||||||
6 | Disabilities Act. The Authority shall conduct outreach to | ||||||
7 | minority-owned businesses and female-owned businesses. | ||||||
8 | Outreach shall include, but is not limited to, advertisements | ||||||
9 | in periodicals and newspapers, mailings, and other appropriate | ||||||
10 | media. The Authority shall submit to the General Assembly a | ||||||
11 | comprehensive report that shall include, at a minimum, the | ||||||
12 | details of the procurement plan, outreach efforts, and the | ||||||
13 | results of the efforts to achieve goals for the payment of | ||||||
14 | fees. | ||||||
15 | (e) Subject to the Illinois Gambling Act and rules of the | ||||||
16 | Gaming Board regarding pledging
of interests in holders of | ||||||
17 | owners licenses, any resolution or trust indenture may contain | ||||||
18 | provisions that may be a part of
the contract with the holders | ||||||
19 | of the bonds as to the following:
| ||||||
20 | (1) Pledging, assigning, or directing the use, | ||||||
21 | investment, or disposition
of revenues of the Authority or | ||||||
22 | proceeds or benefits of any contract, including
without | ||||||
23 | limitation any rights in any casino management
contract.
| ||||||
24 | (2) The setting aside of loan funding deposits, debt | ||||||
25 | service reserves, replacement or operating reserves, cost | ||||||
26 | of
issuance accounts and sinking funds, and the regulation, |
| |||||||
| |||||||
1 | investment, and
disposition thereof.
| ||||||
2 | (3) Limitations on the purposes to which or the | ||||||
3 | investments in which the
proceeds of sale of any issue of | ||||||
4 | bonds or the Authority's revenues and
receipts may be | ||||||
5 | applied or made.
| ||||||
6 | (4) Limitations on the issue of additional bonds, the | ||||||
7 | terms upon which
additional bonds may be issued and | ||||||
8 | secured, the terms upon which additional
bonds may rank on | ||||||
9 | a parity with, or be subordinate or superior to, other | ||||||
10 | bonds.
| ||||||
11 | (5) The refunding, advance refunding, or refinancing | ||||||
12 | of outstanding bonds.
| ||||||
13 | (6) The procedure, if any, by which the terms of any | ||||||
14 | contract with
bondholders may be altered or amended and the | ||||||
15 | amount of bonds and holders of
which must consent thereto | ||||||
16 | and the manner in which consent shall be given.
| ||||||
17 | (7) Defining the acts or omissions that shall | ||||||
18 | constitute a default in the
duties of the Authority to | ||||||
19 | holders of bonds and providing the rights or
remedies of | ||||||
20 | such holders in the event of a default, which may include
| ||||||
21 | provisions
restricting individual rights of action by | ||||||
22 | bondholders.
| ||||||
23 | (8) Providing for guarantees, pledges of property, | ||||||
24 | letters of credit, or
other security,
or insurance for the | ||||||
25 | benefit of bondholders.
| ||||||
26 | (f) No member of the Casino Board, nor any person executing |
| |||||||
| |||||||
1 | the bonds, shall be
liable personally on the bonds or subject | ||||||
2 | to any personal liability by reason
of the issuance of the | ||||||
3 | bonds.
| ||||||
4 | (g) The Authority may issue and secure bonds in accordance | ||||||
5 | with the
provisions of the Local Government Credit Enhancement | ||||||
6 | Act.
| ||||||
7 | (h) A pledge by the Authority of revenues and receipts as | ||||||
8 | security for an
issue of bonds or for the performance of its | ||||||
9 | obligations under any casino
management contract shall
be valid | ||||||
10 | and binding from the time when the pledge is made. The revenues | ||||||
11 | and
receipts pledged shall immediately be subject to the lien | ||||||
12 | of the pledge without
any physical delivery or further act,
and | ||||||
13 | the lien of any pledge shall be valid and binding against any | ||||||
14 | person having
any claim of any kind in tort, contract, or | ||||||
15 | otherwise against the Authority,
irrespective of whether the | ||||||
16 | person has notice. No resolution, trust indenture,
management | ||||||
17 | agreement or financing statement, continuation statement, or | ||||||
18 | other
instrument adopted or entered into by the Authority need | ||||||
19 | be filed or recorded
in any public record other than the | ||||||
20 | records of the Authority in order to
perfect the lien against | ||||||
21 | third persons, regardless of any contrary provision of
law.
| ||||||
22 | (i) Bonds that are being paid or retired by issuance, sale, | ||||||
23 | or delivery of
bonds, and bonds for which sufficient funds have | ||||||
24 | been deposited with the paying
agent or trustee to provide for | ||||||
25 | payment of principal and interest thereon, and
any redemption | ||||||
26 | premium, as provided in the authorizing resolution, shall not |
| |||||||
| |||||||
1 | be
considered outstanding for the purposes of this subsection.
| ||||||
2 | (j) The bonds of the Authority shall not be indebtedness of | ||||||
3 | the
State.
The bonds of the Authority are not general | ||||||
4 | obligations of the State and are not secured by a pledge of the | ||||||
5 | full faith and
credit of the State and the holders of bonds of | ||||||
6 | the Authority may
not require the application of State revenues | ||||||
7 | or
funds to the payment of bonds of the Authority. The | ||||||
8 | foregoing non-recourse language must be printed in bold-face | ||||||
9 | type on the face of the bonds and in the preliminary and final | ||||||
10 | official statements on the bonds.
| ||||||
11 | (k) The State of
Illinois pledges and agrees with the | ||||||
12 | owners of the bonds that it will not limit
or alter the rights | ||||||
13 | and powers vested in the Authority by this Act so as to
impair | ||||||
14 | the terms of any contract made by the Authority with the owners | ||||||
15 | or in
any way impair the rights and remedies of the owners | ||||||
16 | until the bonds, together
with interest on them, and all costs | ||||||
17 | and expenses in connection with any action
or proceedings by or | ||||||
18 | on behalf of the owners, are fully met and discharged.
The | ||||||
19 | Authority is authorized to include this pledge and
agreement in | ||||||
20 | any contract with the owners of bonds issued under this | ||||||
21 | Section.
| ||||||
22 | (l) No person holding an elective office in the City, in | ||||||
23 | Cook County, or in this State, holding a seat in the General | ||||||
24 | Assembly, or serving as a board member, trustee, officer, or | ||||||
25 | employee of the Authority, including the spouse of that person, | ||||||
26 | may receive a legal, banking, consulting, or other fee related |
| |||||||
| |||||||
1 | to the issuance of bonds. This prohibition shall also apply to | ||||||
2 | a company or firm that employs a person holding an elective | ||||||
3 | office in the City, in Cook County, or in this State, holding a | ||||||
4 | seat in the General Assembly, or serving as a board member, | ||||||
5 | trustee, officer, or employee of the Authority, including the | ||||||
6 | spouse of that person, if the person or his or her spouse has | ||||||
7 | greater than 7.5% ownership of the company or firm. | ||||||
8 | Section 1-85. Derivative products. With respect to all or | ||||||
9 | part of any issue
of its bonds, the Authority may enter into | ||||||
10 | agreements or contracts with any
necessary or appropriate | ||||||
11 | person, which will have the benefit of providing to
the
| ||||||
12 | Authority an interest rate basis, cash flow basis, or other | ||||||
13 | basis different
from that provided in the bonds for the payment | ||||||
14 | of interest. Such agreements
or contracts may include, without | ||||||
15 | limitation, agreements or contracts commonly
known as | ||||||
16 | "interest rate swap agreements", "forward payment conversion
| ||||||
17 | agreements", "futures", "options", "puts", or "calls" and | ||||||
18 | agreements or
contracts providing for payments based on levels | ||||||
19 | of or changes in interest
rates, agreements or contracts to | ||||||
20 | exchange cash flows or a series of payments,
or to hedge | ||||||
21 | payment, rate spread, or similar exposure. Any such agreement | ||||||
22 | or contract shall be solely an obligation or indebtedness of | ||||||
23 | the Authority and shall not be an obligation or indebtedness of | ||||||
24 | the State, nor shall any party thereto have any recourse | ||||||
25 | against the State in connection with the agreement or contract. |
| |||||||
| |||||||
1 | Section 1-90. Legality for investment. The State of | ||||||
2 | Illinois, all
governmental entities, all public officers, | ||||||
3 | banks, bankers, trust companies,
savings banks and | ||||||
4 | institutions, building and loan associations, savings and
loan | ||||||
5 | associations, investment companies, and other persons carrying | ||||||
6 | on a
banking
business, insurance companies, insurance | ||||||
7 | associations, and other persons
carrying on an insurance | ||||||
8 | business, and all executors, administrators,
guardians, | ||||||
9 | trustees, and other fiduciaries may legally invest any sinking
| ||||||
10 | funds,
moneys, or other funds belonging to them or within their | ||||||
11 | control in
any bonds issued under this Act. However, nothing in | ||||||
12 | this Section shall be
construed as relieving any person or | ||||||
13 | entity from any duty of
exercising reasonable care in selecting | ||||||
14 | securities for purchase or investment. | ||||||
15 | Section 1-105. Budgets and reporting.
| ||||||
16 | (a) The Casino Board shall annually adopt a budget for each
| ||||||
17 | fiscal year. The budget may be modified from time to time in | ||||||
18 | the same manner
and upon the same vote as it may be adopted. | ||||||
19 | The budget shall include the
Authority's available funds and | ||||||
20 | estimated revenues and shall provide for
payment of its | ||||||
21 | obligations and estimated expenditures for the fiscal year,
| ||||||
22 | including, without limitation, expenditures for | ||||||
23 | administration, operation,
maintenance and repairs, debt | ||||||
24 | service, and deposits into reserve and other
funds
and capital |
| |||||||
| |||||||
1 | projects.
| ||||||
2 | (b) The Casino Board shall annually cause the finances of | ||||||
3 | the Authority to be
audited by a firm of certified public | ||||||
4 | accountants selected by the Casino Board in accordance with the | ||||||
5 | rules of the Gaming Board and post on the Authority's Internet | ||||||
6 | website such financial information as is required to be posted | ||||||
7 | by all other owners licensees under the Illinois Gambling Act.
| ||||||
8 | (c) The Casino Board shall, for each fiscal year, prepare | ||||||
9 | an annual report
setting forth information concerning its | ||||||
10 | activities in the fiscal year and the
status of the development | ||||||
11 | of the casino. The annual report shall include financial | ||||||
12 | information of the Authority consistent with that which is | ||||||
13 | required for all other owners licensees under the Illinois | ||||||
14 | Gambling Act, the budget
for the succeeding fiscal year, and | ||||||
15 | the current capital plan as of the date of
the report. Copies | ||||||
16 | of the annual report shall be made available to persons who
| ||||||
17 | request them and shall be submitted not later than 120 days | ||||||
18 | after the end of
the Authority's fiscal year or, if the audit | ||||||
19 | of the Authority's financial statements is not completed within | ||||||
20 | 120 days after the end of the Authority's fiscal year, as soon | ||||||
21 | as practical after completion of the audit, to the Governor, | ||||||
22 | the Mayor, the General Assembly, and the Commission on | ||||||
23 | Government Forecasting and Accountability.
| ||||||
24 | Section 1-110. Deposit and withdrawal of funds. | ||||||
25 | (a) All funds deposited by the Authority in any bank or |
| |||||||
| |||||||
1 | savings and loan
association shall be placed in the name of the | ||||||
2 | Authority and shall be withdrawn
or paid out only by check or | ||||||
3 | draft upon the bank or savings and loan
association, signed by | ||||||
4 | 2 officers or employees designated by the Casino Board.
| ||||||
5 | Notwithstanding any other provision of this Section, the Casino | ||||||
6 | Board may designate
any of its members or any officer or | ||||||
7 | employee of the Authority to authorize the
wire transfer of | ||||||
8 | funds deposited by the secretary-treasurer of funds in a bank
| ||||||
9 | or savings and loan association for the payment of payroll and | ||||||
10 | employee
benefits-related expenses.
| ||||||
11 | No bank or savings and loan association shall receive | ||||||
12 | public funds as
permitted by this Section unless it has | ||||||
13 | complied with the requirements
established pursuant to Section | ||||||
14 | 6 of the Public
Funds Investment Act.
| ||||||
15 | (b) If any officer or employee whose signature appears upon | ||||||
16 | any check
or draft issued pursuant to this Act ceases (after | ||||||
17 | attaching his signature) to
hold his or her office before the | ||||||
18 | delivery of such a check or draft to the
payee, his or her | ||||||
19 | signature shall nevertheless be valid and sufficient for all
| ||||||
20 | purposes with the same effect as if he or she had remained in | ||||||
21 | office until
delivery thereof.
| ||||||
22 | Section 1-112. Contracts with the Authority or casino | ||||||
23 | operator licensee; disclosure requirements. | ||||||
24 | (a) A bidder, respondent, offeror, or contractor for | ||||||
25 | contracts with the Authority or casino operator licensee shall |
| |||||||
| |||||||
1 | disclose the identity of all officers and directors and every | ||||||
2 | owner, beneficiary, or person with beneficial interest of more | ||||||
3 | than 1% or shareholder entitled to receive more than 1% of the | ||||||
4 | total distributable income of any corporation having any | ||||||
5 | interest in the contract or in the bidder, respondent, offeror, | ||||||
6 | or contractor. The disclosure shall be in writing and attested | ||||||
7 | to by an owner, trustee, corporate official, or agent. If stock | ||||||
8 | in a corporation is publicly traded and there is no readily | ||||||
9 | known individual having greater than a 1% interest, then a | ||||||
10 | statement to that effect attested to by an officer or agent of | ||||||
11 | the corporation shall fulfill the disclosure statement | ||||||
12 | requirement of this Section. A bidder, respondent, offeror, or | ||||||
13 | contractor shall notify the Authority of any changes in | ||||||
14 | officers, directors, ownership, or individuals having a | ||||||
15 | beneficial interest of more than 1%. Notwithstanding the | ||||||
16 | provisions of this subsection (a), the Gaming Board may adopt | ||||||
17 | rules in connection with contractors for contracts with the | ||||||
18 | Authority or the casino operator licensee. | ||||||
19 | (b) A bidder, respondent, offeror, or contractor for | ||||||
20 | contracts with an annual value of $25,000 or more or for a | ||||||
21 | period to exceed one year shall disclose all political | ||||||
22 | contributions of the bidder, respondent, offeror, or | ||||||
23 | contractor and any affiliated person or entity. Disclosure | ||||||
24 | shall include at least the names and addresses of the | ||||||
25 | contributors and the dollar amounts of any contributions to any | ||||||
26 | political committee made within the previous 2 years. The |
| |||||||
| |||||||
1 | disclosure must be submitted to the Gaming Board with a copy of | ||||||
2 | the contract. All such disclosures shall be posted on the | ||||||
3 | websites of the Authority and the Gaming Board. | ||||||
4 | (c) As used in this Section: | ||||||
5 | "Contribution" means contribution as defined in Section | ||||||
6 | 9-1.4 of the Election Code. | ||||||
7 | "Affiliated person" means (i) any person with any ownership | ||||||
8 | interest or distributive share of the bidding, responding, or | ||||||
9 | contracting entity in excess of 1%, (ii) executive employees of | ||||||
10 | the bidding, responding, or contracting entity, and (iii) the | ||||||
11 | spouse, minor children, and parents of any such persons. | ||||||
12 | "Affiliated entity" means (i) any parent or subsidiary of | ||||||
13 | the bidding or contracting entity, (ii) any member of the same | ||||||
14 | unitary business group, or (iii) any political committee for | ||||||
15 | which the bidding, responding, or contracting entity is the | ||||||
16 | sponsoring entity. | ||||||
17 | (d) The Gaming Board may direct the Authority or a casino | ||||||
18 | operator licensee to void a contract if a violation of this | ||||||
19 | Section occurs. The Authority may direct a casino operator | ||||||
20 | licensee to void a contract if a violation of this Section | ||||||
21 | occurs. | ||||||
22 | (e) All contracts pertaining to the actual operation of the | ||||||
23 | casino and related gaming activities shall be entered into by | ||||||
24 | the casino operator licensee and not the Authority and shall be | ||||||
25 | subject to the regulation, oversight, and approval of the | ||||||
26 | Gaming Board, applying the same regulation, oversight, and |
| |||||||
| |||||||
1 | approval requirements as would be applied to any other owners | ||||||
2 | licensee under the Illinois Gambling Act. | ||||||
3 | Section 1-115. Purchasing. | ||||||
4 | (a) The Casino Board shall designate an officer of the | ||||||
5 | Authority to serve as the Chief Procurement Officer for the | ||||||
6 | Authority. The Chief Procurement Officer shall have all powers | ||||||
7 | and duties set forth in Section 15 of Division 10 of Article 8 | ||||||
8 | of the Illinois Municipal Code. Except as otherwise provided in | ||||||
9 | this Section, the Chief Procurement Officer of the Authority | ||||||
10 | shall conduct procurements on behalf of the Authority subject | ||||||
11 | to Title 2, Chapter 92 of the Municipal Code of Chicago, which | ||||||
12 | by its terms incorporates Division 10 of Article 8 of the | ||||||
13 | Illinois Municipal Code. | ||||||
14 | (b) All contracts for amounts greater than $25,000 must be | ||||||
15 | approved by the Casino Board and executed by the chairperson of | ||||||
16 | the Casino Board and executive director of the Authority. | ||||||
17 | Contracts for amounts of $25,000 or less may be approved and | ||||||
18 | executed by the Chief Procurement Officer for the Authority and | ||||||
19 | executive director of the Authority, with approval by the chief | ||||||
20 | legal counsel for the Authority as to form and legality. | ||||||
21 | (c) All construction contracts and contracts for supplies, | ||||||
22 | materials,
equipment, and services for amounts greater than | ||||||
23 | $25,000 shall be let by a competitive selection process to
the | ||||||
24 | lowest responsible proposer, after advertising for proposals, | ||||||
25 | except for the
following:
|
| |||||||
| |||||||
1 | (1) when repair parts, accessories, equipment, or | ||||||
2 | services are required
for
equipment or services previously | ||||||
3 | furnished or contracted for;
| ||||||
4 | (2) when services such as water, light, heat, power, | ||||||
5 | telephone (other than
long-distance service), or telegraph | ||||||
6 | are required;
| ||||||
7 | (3) casino management contracts, which shall be | ||||||
8 | awarded as
set forth in Section 1-45 of this Act;
| ||||||
9 | (4) contracts where there is only one economically | ||||||
10 | feasible source; | ||||||
11 | (5) when a purchase is needed on an immediate, | ||||||
12 | emergency basis because there exists a threat to public | ||||||
13 | health or public safety, or when immediate expenditure is | ||||||
14 | necessary for repairs to Authority property in order to | ||||||
15 | protect against further loss of or damage to Authority | ||||||
16 | property, to prevent or minimize serious disruption in | ||||||
17 | Authority services or to ensure the integrity of Authority | ||||||
18 | records; | ||||||
19 | (6) contracts for professional services other than for | ||||||
20 | management of the casino, except such contracts described | ||||||
21 | in subsection (d) of this Section; and | ||||||
22 | (7) contracts for the use, purchase, delivery, | ||||||
23 | movement, or installation of (i) data processing | ||||||
24 | equipment, software, and services and (ii) | ||||||
25 | telecommunications equipment, software, and services.
| ||||||
26 | (d) Contracts for professional services for a term of more |
| |||||||
| |||||||
1 | than one year or contracts that may require payment in excess | ||||||
2 | of $25,000 in one year shall be let by a competitive bidding | ||||||
3 | process to the most highly qualified firm that agrees to | ||||||
4 | compensation and other terms of engagement that are both | ||||||
5 | reasonable and acceptable to the Casino Board. | ||||||
6 | (e) All contracts involving less than $25,000 shall be let | ||||||
7 | by competitive
selection process whenever possible, and in any | ||||||
8 | event in a manner calculated to ensure
the best interests of | ||||||
9 | the public.
| ||||||
10 | (f) In determining the responsibility of any proposer, the | ||||||
11 | Authority may take
into account the proposer's (or an | ||||||
12 | individual having a beneficial interest,
directly or | ||||||
13 | indirectly, of more than 1% in such proposing entity) past | ||||||
14 | record of
dealings with the Authority, the proposer's | ||||||
15 | experience, adequacy of equipment,
and ability to complete | ||||||
16 | performance within the time set, and other factors
besides | ||||||
17 | financial responsibility. No such contract shall be awarded to | ||||||
18 | any proposer other than the lowest proposer (in case of | ||||||
19 | purchase or
expenditure) unless authorized or approved by a | ||||||
20 | vote of at least 3 members of
the Casino Board and such action | ||||||
21 | is accompanied by a written statement setting forth the reasons | ||||||
22 | for not awarding the contract to the highest or
lowest | ||||||
23 | proposer, as the case
may be. The statement shall be kept on | ||||||
24 | file in the principal office of the
Authority and open to | ||||||
25 | public inspection.
| ||||||
26 | (g) The Authority shall have the right to reject all |
| |||||||
| |||||||
1 | proposals and to
re-advertise for proposals. If after
any such | ||||||
2 | re-advertisement, no responsible and satisfactory proposals, | ||||||
3 | within the
terms of the re-advertisement, is received, the | ||||||
4 | Authority may award such
contract without competitive | ||||||
5 | selection. The contract must not be less
advantageous to the | ||||||
6 | Authority than any valid proposal received pursuant to
| ||||||
7 | advertisement.
| ||||||
8 | (h) Advertisements for proposals and re-proposals shall be | ||||||
9 | published at least once in
a daily newspaper of general | ||||||
10 | circulation published in the City
at least 10 calendar days | ||||||
11 | before the time for
receiving proposals and in an online | ||||||
12 | bulletin published on the Authority's website. Such
| ||||||
13 | advertisements shall state the time and
place for receiving and | ||||||
14 | opening of proposals and, by reference to plans and
| ||||||
15 | specifications on file at the time of the first publication or | ||||||
16 | in the
advertisement itself, shall describe the character of | ||||||
17 | the proposed contract in
sufficient detail to fully advise | ||||||
18 | prospective proposers of their obligations and
to ensure free | ||||||
19 | and open competitive selection.
| ||||||
20 | (i) All proposals in response to advertisements shall be | ||||||
21 | sealed and shall be
publicly opened by the Authority. All | ||||||
22 | proposers shall be entitled to be present
in person or by | ||||||
23 | representatives. Cash or a certified or satisfactory cashier's
| ||||||
24 | check, as a deposit of good faith, in a reasonable amount to be | ||||||
25 | fixed by the
Authority before advertising for proposals, shall | ||||||
26 | be required with the proposal. A bond for faithful performance |
| |||||||
| |||||||
1 | of the contract with surety or
sureties satisfactory to the
| ||||||
2 | Authority and adequate insurance may be required in reasonable | ||||||
3 | amounts to be
fixed by the Authority before advertising for | ||||||
4 | proposals.
| ||||||
5 | (j) The contract shall be awarded as promptly as possible | ||||||
6 | after the opening
of proposals. The proposal of the successful | ||||||
7 | proposer, as well as the bids of the
unsuccessful proposers, | ||||||
8 | shall be placed on file and be open to public inspection | ||||||
9 | subject to the exemptions from disclosure provided under | ||||||
10 | Section 7 of the Freedom of Information Act.
All proposals | ||||||
11 | shall be void if any disclosure of the terms of any proposals | ||||||
12 | in response
to an advertisement is made or permitted to be made | ||||||
13 | by the Authority before the
time fixed for opening proposals.
| ||||||
14 | (k) Notice of each and every contract that is
offered, | ||||||
15 | including renegotiated contracts and change orders,
shall be | ||||||
16 | published in an online bulletin. The online bulletin must | ||||||
17 | include at least the date first offered,
the date submission of | ||||||
18 | offers is due, the location that offers are to be
submitted to, | ||||||
19 | a brief purchase description, the method of source selection,
| ||||||
20 | information of how to obtain a comprehensive purchase | ||||||
21 | description and any
disclosure and contract forms, and | ||||||
22 | encouragement to prospective vendors to hire qualified | ||||||
23 | veterans, as defined by Section 45-67 of the Illinois | ||||||
24 | Procurement Code, and Illinois residents discharged from any | ||||||
25 | Illinois adult correctional center subject to Gaming Board | ||||||
26 | licensing and eligibility rules. Notice of each and every |
| |||||||
| |||||||
1 | contract that is let
or awarded, including renegotiated | ||||||
2 | contracts and change orders, shall be
published in the online | ||||||
3 | bulletin and
must include at least all of the
information | ||||||
4 | specified in this subsection (k), as well as the name of the | ||||||
5 | successful
responsible proposer or offeror, the contract | ||||||
6 | price, and the number of unsuccessful
responsive proposers and | ||||||
7 | any other disclosure specified in this Section. This notice | ||||||
8 | must be posted in the online electronic bulletin prior to | ||||||
9 | execution of the contract.
| ||||||
10 | Section 1-130. Affirmative action and equal opportunity | ||||||
11 | obligations of
Authority. | ||||||
12 | (a) The Authority is subject to the requirements of Article | ||||||
13 | IV of Chapter 2-92 (Sections 2-92-650 through 2-92-720 | ||||||
14 | inclusive) of the Chicago Municipal Code, as now or hereafter | ||||||
15 | amended, renumbered, or succeeded, concerning a Minority-Owned | ||||||
16 | and Women-Owned Business Enterprise Procurement Program for | ||||||
17 | construction contracts, and Section 2-92-420 et seq. of the | ||||||
18 | Chicago Municipal Code, as now or hereafter amended, | ||||||
19 | renumbered, or succeeded, concerning a Minority-Owned and | ||||||
20 | Women-Owned Business Enterprise Procurement Program.
| ||||||
21 | (b) The Authority is authorized to enter into agreements | ||||||
22 | with contractors'
associations, labor unions, and the | ||||||
23 | contractors working on the development of
the casino to | ||||||
24 | establish an apprenticeship preparedness training program to
| ||||||
25 | provide for an increase in the number of minority and female |
| |||||||
| |||||||
1 | journeymen and
apprentices in the building trades and to enter | ||||||
2 | into agreements with
community college districts or other | ||||||
3 | public or private institutions to provide
readiness training. | ||||||
4 | The Authority is further authorized to enter into
contracts | ||||||
5 | with public and private educational institutions and persons in | ||||||
6 | the
gaming, entertainment, hospitality, and tourism industries | ||||||
7 | to provide training
for employment in those industries.
| ||||||
8 | Section 1-135. Transfer of interest. Neither the Authority | ||||||
9 | nor the City may sell, lease, rent, transfer, exchange, or | ||||||
10 | otherwise convey any interest that they have in the casino | ||||||
11 | without prior approval of the General Assembly. | ||||||
12 | Section 1-140. Home rule. The regulation and licensing of | ||||||
13 | casinos and casino gaming, casino gaming facilities, and casino | ||||||
14 | operator licensees under this Act are exclusive powers and | ||||||
15 | functions of the State. A home rule unit may not regulate or | ||||||
16 | license casinos, casino gaming, casino gaming facilities, or | ||||||
17 | casino operator licensees under this Act, except as provided | ||||||
18 | under this Act. This Section is a denial and limitation of home | ||||||
19 | rule powers and functions under subsection (h) of Section 6 of | ||||||
20 | Article VII of the Illinois Constitution.
| ||||||
21 | Section 1-145. Prohibition of political contributions from | ||||||
22 | casino operator licensees and applicants. | ||||||
23 | (a) The General Assembly has a compelling interest in |
| |||||||
| |||||||
1 | protecting the integrity of both the electoral process and the | ||||||
2 | legislative process by preventing corruption and the | ||||||
3 | appearance of corruption which may arise through permitting | ||||||
4 | certain political campaign contributions by certain persons | ||||||
5 | involved in the gaming industry and regulated by the State. | ||||||
6 | Unlike most other regulated industries, gaming is especially | ||||||
7 | susceptible to corruption and potential criminal influence. In | ||||||
8 | Illinois, only licensed gaming activities are legal and all | ||||||
9 | other gaming activities are strictly prohibited. Given these | ||||||
10 | circumstances, it is imperative to eliminate any potential | ||||||
11 | corrupt influence in the gaming industry and the electoral | ||||||
12 | process. | ||||||
13 | Banning political campaign contributions by certain | ||||||
14 | persons subject to this Section to State officeholders and | ||||||
15 | candidates for such offices and to county and municipal | ||||||
16 | officeholders and candidates for such offices in counties and | ||||||
17 | municipalities that receive financial benefits from gaming | ||||||
18 | activities is necessary to prevent corruption and the | ||||||
19 | appearance of corruption that may arise when political campaign | ||||||
20 | contributions and gaming that is regulated by the State and | ||||||
21 | that confers benefits on counties and municipalities are | ||||||
22 | intermingled. | ||||||
23 | The General Assembly has prohibited political campaign | ||||||
24 | contributions to certain State and local officeholders and | ||||||
25 | candidates for such offices by certain persons with State of | ||||||
26 | Illinois and Metropolitan Pier and Exposition Authority |
| |||||||
| |||||||
1 | contracts and pending bids or proposals for contracts of over | ||||||
2 | $50,000 and certain individuals and entities affiliated with | ||||||
3 | such persons. Certain gaming licensees will receive receipts | ||||||
4 | far in excess of the base level of contract amounts subject to | ||||||
5 | such other campaign contribution prohibitions. | ||||||
6 | (b) As used in this Section: | ||||||
7 | "Affiliated entity" means (i) any corporate parent and | ||||||
8 | operating subsidiary of the business entity applying for or | ||||||
9 | holding a license, (ii) each operating subsidiary of the | ||||||
10 | corporate parent of the business entity applying for or holding | ||||||
11 | a license, (iii) any organization recognized by the United | ||||||
12 | States Internal Revenue Service as a tax-exempt organization | ||||||
13 | described in Section 501(c) of the Internal Revenue Code of | ||||||
14 | 1986 (or any successor provision of federal tax law) | ||||||
15 | established by one or more business entities seeking or holding | ||||||
16 | a license, any affiliated entity of such business entity, or | ||||||
17 | any affiliated person of such business entity, and (iv) any | ||||||
18 | political committee for which the business entity applying for | ||||||
19 | or holding a license, or any 501(c) organization described in | ||||||
20 | item (iii) related to that business entity, is the sponsoring | ||||||
21 | entity as defined in Section 9-3 of the Election Code. For | ||||||
22 | purposes of item (iv), the funding of all business entities | ||||||
23 | applying for or holding a license shall be aggregated in | ||||||
24 | determining whether such political committee is an affiliated | ||||||
25 | entity. | ||||||
26 | "Affiliated person" means (i) any person with any ownership |
| |||||||
| |||||||
1 | interest or distributive share in excess of 7.5% of any | ||||||
2 | business entity applying for or holding a license, (ii) | ||||||
3 | executive employees of any such business entity, (iii) any | ||||||
4 | person designated as a key person under the Illinois Gambling | ||||||
5 | Act, and (iv) the spouse of the persons described in items (i) | ||||||
6 | through (iii). | ||||||
7 | "Business entity" means any entity doing business for | ||||||
8 | profit, whether organized as a corporation, partnership, sole | ||||||
9 | proprietorship, limited liability company, or partnership or | ||||||
10 | otherwise. | ||||||
11 | "Contribution" means a contribution as defined in Section | ||||||
12 | 9-1.4 of the Election Code. | ||||||
13 | "Declared candidate" means a person who has filed a | ||||||
14 | statement of candidacy and petition for nomination or election | ||||||
15 | in the principal office of the State Board of Elections, or in | ||||||
16 | the office of the appropriate election authority for any county | ||||||
17 | or municipality in which a casino is located or proposed or | ||||||
18 | which receives any gaming revenue. | ||||||
19 | "Executive employee" means (i) any person who is an officer | ||||||
20 | or director or who fulfills duties equivalent to those of an | ||||||
21 | officer or director of a business entity applying for or | ||||||
22 | holding a license and (ii) any employee of such business entity | ||||||
23 | who is required to register under the Lobbyist Registration | ||||||
24 | Act. | ||||||
25 | "License" means the casino operator license issued | ||||||
26 | pursuant to this Act. |
| |||||||
| |||||||
1 | "Officeholder" means the Governor, Lieutenant Governor, | ||||||
2 | Attorney General, Secretary of State, Comptroller, Treasurer, | ||||||
3 | member of the General Assembly, or any officeholder in any | ||||||
4 | county or municipality in which a riverboat, casino, or | ||||||
5 | electronic gaming device is located or proposed or that | ||||||
6 | receives any gaming revenue. | ||||||
7 | (c) Any person or business entity applying for or holding a | ||||||
8 | license, any affiliated entities or persons of such business | ||||||
9 | entity, and any entities or persons soliciting a contribution | ||||||
10 | or causing a contribution to be made on behalf of such person | ||||||
11 | or business entity, are prohibited from making any contribution | ||||||
12 | to any officeholder or declared candidate or any political | ||||||
13 | committee affiliated with any officeholder or declared | ||||||
14 | candidate, as defined in Section 9-1.8 of the Election Code. | ||||||
15 | This prohibition shall commence upon filing of an application | ||||||
16 | for a license and shall continue for a period of 2 years after | ||||||
17 | termination, suspension or revocation of the license. | ||||||
18 | The Gaming Board shall have authority to suspend, revoke, | ||||||
19 | or restrict the license and to impose civil penalties of up to | ||||||
20 | $100,000 for each violation of this subsection (c). A notice of | ||||||
21 | each such violation and the penalty imposed shall be published | ||||||
22 | on the Gaming Board's Internet website and in the Illinois | ||||||
23 | Register. Payments received by the State pursuant to this | ||||||
24 | subsection (c) shall be deposited into the General Revenue | ||||||
25 | Fund.
| ||||||
26 | Any officeholder or declared candidate or any political |
| |||||||
| |||||||
1 | committee affiliated with any officeholder or declared | ||||||
2 | candidate that has received a contribution in violation of this | ||||||
3 | subsection (c) shall pay an amount equal to the value of the | ||||||
4 | contribution to the State no more than 30 days after notice of | ||||||
5 | the violation concerning the contribution appears in the | ||||||
6 | Illinois Register. Payments received by the State pursuant to | ||||||
7 | this subsection (c) shall be deposited into the General Revenue | ||||||
8 | Fund. | ||||||
9 | (d) The Gaming Board shall post on its Internet website a | ||||||
10 | list of all persons, business entities, and affiliated entities | ||||||
11 | prohibited from making contributions to any officeholder or | ||||||
12 | declared candidate political committee pursuant to subsection | ||||||
13 | (c), which list shall be updated and published, at a minimum, | ||||||
14 | every 6 months. | ||||||
15 | Any person, business entity, or affiliated entity | ||||||
16 | prohibited from making contributions to any officeholder or | ||||||
17 | declared candidate political committee pursuant to subsection | ||||||
18 | (c) shall notify the Gaming Board within 7 days after | ||||||
19 | discovering any necessary change or addition to the information | ||||||
20 | relating to that person, business entity, or affiliated entity | ||||||
21 | contained in the list. | ||||||
22 | An individual who acts in good faith and in reliance on any | ||||||
23 | information contained in the list shall not be subject to any | ||||||
24 | penalties or liability imposed for a violation of this Section. | ||||||
25 | (e) If any provision of this Section is held invalid or its | ||||||
26 | application to any person or circumstance is held invalid, the |
| |||||||
| |||||||
1 | invalidity of that provision or application does not affect the | ||||||
2 | other provisions or applications of this Section that can be | ||||||
3 | given effect without the invalid application or provision. | ||||||
4 | ARTICLE 90. | ||||||
5 | Section 90-1. Findings. The General Assembly makes all of | ||||||
6 | the following findings: | ||||||
7 | (1) That the cumulative reduction to pre-K through 12 | ||||||
8 | education funding since 2009 is approximately | ||||||
9 | $861,000,000. | ||||||
10 | (2) That during the last 2 years, general state aid to | ||||||
11 | Illinois common schools has been underfunded as a result of | ||||||
12 | budget cuts, resulting in pro-rated payments to school | ||||||
13 | districts that are less than the foundational level of | ||||||
14 | $6,119 per pupil, which represents the minimum each pupil | ||||||
15 | needs to be educated. | ||||||
16 | (3) That a significant infusion of new revenue is | ||||||
17 | necessary in order to fully fund the foundation level and | ||||||
18 | to maintain and support education in Illinois. | ||||||
19 | (4) That the decline of the Illinois horse racing and | ||||||
20 | breeding program, a $2.5 billion industry, would be | ||||||
21 | reversed if this amendatory Act of the 100th General | ||||||
22 | Assembly would be enacted. | ||||||
23 | (5) That the Illinois horse racing industry is on the | ||||||
24 | verge of extinction due to fierce competition from fully |
| |||||||
| |||||||
1 | developed horse racing and gaming operations in other | ||||||
2 | states. | ||||||
3 | (6) That allowing the State's horse racing venues, | ||||||
4 | currently licensed gaming destinations, to maximize their | ||||||
5 | capacities with gaming machines, would generate up to $120 | ||||||
6 | million to $200 million for the State in the form of extra | ||||||
7 | licensing fees, plus an additional $100 million to $300 | ||||||
8 | million in recurring annual tax revenue for the State to | ||||||
9 | help ensure that school, road, and other building projects | ||||||
10 | promised under the capital plan occur on schedule. | ||||||
11 | (7) That Illinois agriculture and other businesses | ||||||
12 | that support and supply the horse racing industry, already | ||||||
13 | a sector that employs over 37,000 Illinoisans, also stand | ||||||
14 | to substantially benefit and would be much more likely to | ||||||
15 | create additional jobs should Illinois horse racing once | ||||||
16 | again become competitive with other states. | ||||||
17 | (8) That by keeping these projects on track, the State | ||||||
18 | can be sure that significant job and economic growth will | ||||||
19 | in fact result from the previously enacted legislation. | ||||||
20 | (9) That gaming machines at Illinois horse racing | ||||||
21 | tracks would create an estimated 1,200 to 1,500 permanent | ||||||
22 | jobs, and an estimated capital investment of up to $200 | ||||||
23 | million to $400 million at these race tracks would prompt | ||||||
24 | additional trade organization jobs necessary to construct | ||||||
25 | new facilities or remodel race tracks to operate electronic | ||||||
26 | gaming. |
| |||||||
| |||||||
1 | Section 90-3. The State Officials and Employees Ethics Act | ||||||
2 | is amended by changing Sections 5-45 and 20-10 as follows: | ||||||
3 | (5 ILCS 430/5-45)
| ||||||
4 | Sec. 5-45. Procurement; revolving door prohibition.
| ||||||
5 | (a) No former officer, member, or State employee, or spouse | ||||||
6 | or
immediate family member living with such person, shall, | ||||||
7 | within a period of one
year immediately after termination of | ||||||
8 | State employment, knowingly accept
employment or receive | ||||||
9 | compensation or fees for services from a person or entity
if | ||||||
10 | the officer, member, or State employee, during the year | ||||||
11 | immediately
preceding termination of State employment, | ||||||
12 | participated personally and
substantially in the award of State | ||||||
13 | contracts, or the issuance of State contract change orders, | ||||||
14 | with a cumulative value
of $25,000
or more to the person or | ||||||
15 | entity, or its parent or subsidiary.
| ||||||
16 | (b) No former officer of the executive branch or State | ||||||
17 | employee of the
executive branch with regulatory or
licensing | ||||||
18 | authority, or spouse or immediate family member living with | ||||||
19 | such
person, shall, within a period of one year immediately | ||||||
20 | after termination of
State employment, knowingly accept | ||||||
21 | employment or receive compensation or fees
for services from a | ||||||
22 | person or entity if the officer
or State
employee, during the | ||||||
23 | year immediately preceding
termination of State employment, | ||||||
24 | participated personally and substantially in making a |
| |||||||
| |||||||
1 | regulatory or licensing decision that
directly applied to the | ||||||
2 | person or entity, or its parent or subsidiary.
| ||||||
3 | (c) Within 6 months after the effective date of this | ||||||
4 | amendatory Act of the 96th General Assembly, each executive | ||||||
5 | branch constitutional officer and legislative leader, the | ||||||
6 | Auditor General, and the Joint Committee on Legislative Support | ||||||
7 | Services shall adopt a policy delineating which State positions | ||||||
8 | under his or her jurisdiction and control, by the nature of | ||||||
9 | their duties, may have the authority to participate personally | ||||||
10 | and substantially in the award of State contracts or in | ||||||
11 | regulatory or licensing decisions. The Governor shall adopt | ||||||
12 | such a policy for all State employees of the executive branch | ||||||
13 | not under the jurisdiction and control of any other executive | ||||||
14 | branch constitutional officer.
| ||||||
15 | The policies required under subsection (c) of this Section | ||||||
16 | shall be filed with the appropriate ethics commission | ||||||
17 | established under this Act or, for the Auditor General, with | ||||||
18 | the Office of the Auditor General. | ||||||
19 | (d) Each Inspector General shall have the authority to | ||||||
20 | determine that additional State positions under his or her | ||||||
21 | jurisdiction, not otherwise subject to the policies required by | ||||||
22 | subsection (c) of this Section, are nonetheless subject to the | ||||||
23 | notification requirement of subsection (f) below due to their | ||||||
24 | involvement in the award of State contracts or in regulatory or | ||||||
25 | licensing decisions. | ||||||
26 | (e) The Joint Committee on Legislative Support Services, |
| |||||||
| |||||||
1 | the Auditor General, and each of the executive branch | ||||||
2 | constitutional officers and legislative leaders subject to | ||||||
3 | subsection (c) of this Section shall provide written | ||||||
4 | notification to all employees in positions subject to the | ||||||
5 | policies required by subsection (c) or a determination made | ||||||
6 | under subsection (d): (1) upon hiring, promotion, or transfer | ||||||
7 | into the relevant position; and (2) at the time the employee's | ||||||
8 | duties are changed in such a way as to qualify that employee. | ||||||
9 | An employee receiving notification must certify in writing that | ||||||
10 | the person was advised of the prohibition and the requirement | ||||||
11 | to notify the appropriate Inspector General in subsection (f). | ||||||
12 | (f) Any State employee in a position subject to the | ||||||
13 | policies required by subsection (c) or to a determination under | ||||||
14 | subsection (d), but who does not fall within the prohibition of | ||||||
15 | subsection (h) below, who is offered non-State employment | ||||||
16 | during State employment or within a period of one year | ||||||
17 | immediately after termination of State employment shall, prior | ||||||
18 | to accepting such non-State employment, notify the appropriate | ||||||
19 | Inspector General. Within 10 calendar days after receiving | ||||||
20 | notification from an employee in a position subject to the | ||||||
21 | policies required by subsection (c), such Inspector General | ||||||
22 | shall make a determination as to whether the State employee is | ||||||
23 | restricted from accepting such employment by subsection (a) or | ||||||
24 | (b). In making a determination, in addition to any other | ||||||
25 | relevant information, an Inspector General shall assess the | ||||||
26 | effect of the prospective employment or relationship upon |
| |||||||
| |||||||
1 | decisions referred to in subsections (a) and (b), based on the | ||||||
2 | totality of the participation by the former officer, member, or | ||||||
3 | State employee in those decisions. A determination by an | ||||||
4 | Inspector General must be in writing, signed and dated by the | ||||||
5 | Inspector General, and delivered to the subject of the | ||||||
6 | determination within 10 calendar days or the person is deemed | ||||||
7 | eligible for the employment opportunity. For purposes of this | ||||||
8 | subsection, "appropriate Inspector General" means (i) for | ||||||
9 | members and employees of the legislative branch, the | ||||||
10 | Legislative Inspector General; (ii) for the Auditor General and | ||||||
11 | employees of the Office of the Auditor General, the Inspector | ||||||
12 | General provided for in Section 30-5 of this Act; and (iii) for | ||||||
13 | executive branch officers and employees, the Inspector General | ||||||
14 | having jurisdiction over the officer or employee. Notice of any | ||||||
15 | determination of an Inspector General and of any such appeal | ||||||
16 | shall be given to the ultimate jurisdictional authority, the | ||||||
17 | Attorney General, and the Executive Ethics Commission. | ||||||
18 | (g) An Inspector General's determination regarding | ||||||
19 | restrictions under subsection (a) or (b) may be appealed to the | ||||||
20 | appropriate Ethics Commission by the person subject to the | ||||||
21 | decision or the Attorney General no later than the 10th | ||||||
22 | calendar day after the date of the determination. | ||||||
23 | On appeal, the Ethics Commission or Auditor General shall | ||||||
24 | seek, accept, and consider written public comments regarding a | ||||||
25 | determination. In deciding whether to uphold an Inspector | ||||||
26 | General's determination, the appropriate Ethics Commission or |
| |||||||
| |||||||
1 | Auditor General shall assess, in addition to any other relevant | ||||||
2 | information, the effect of the prospective employment or | ||||||
3 | relationship upon the decisions referred to in subsections (a) | ||||||
4 | and (b), based on the totality of the participation by the | ||||||
5 | former officer, member, or State employee in those decisions. | ||||||
6 | The Ethics Commission shall decide whether to uphold an | ||||||
7 | Inspector General's determination within 10 calendar days or | ||||||
8 | the person is deemed eligible for the employment opportunity. | ||||||
9 | (h) The following officers, members, or State employees | ||||||
10 | shall not, within a period of one year immediately after | ||||||
11 | termination of office or State employment, knowingly accept | ||||||
12 | employment or receive compensation or fees for services from a | ||||||
13 | person or entity if the person or entity or its parent or | ||||||
14 | subsidiary, during the year immediately preceding termination | ||||||
15 | of State employment, was a party to a State contract or | ||||||
16 | contracts with a cumulative value of $25,000 or more involving | ||||||
17 | the officer, member, or State employee's State agency, or was | ||||||
18 | the subject of a regulatory or licensing decision involving the | ||||||
19 | officer, member, or State employee's State agency, regardless | ||||||
20 | of whether he or she participated personally and substantially | ||||||
21 | in the award of the State contract or contracts or the making | ||||||
22 | of the regulatory or licensing decision in question: | ||||||
23 | (1) members or officers; | ||||||
24 | (2) members of a commission or board created by the | ||||||
25 | Illinois Constitution; | ||||||
26 | (3) persons whose appointment to office is subject to |
| |||||||
| |||||||
1 | the advice and consent of the Senate; | ||||||
2 | (4) the head of a department, commission, board, | ||||||
3 | division, bureau, authority, or other administrative unit | ||||||
4 | within the government of this State; | ||||||
5 | (5) chief procurement officers, State purchasing | ||||||
6 | officers, and their designees whose duties are directly | ||||||
7 | related to State procurement; and | ||||||
8 | (6) chiefs of staff, deputy chiefs of staff, associate | ||||||
9 | chiefs of staff, assistant chiefs of staff, and deputy | ||||||
10 | governors ; . | ||||||
11 | (7) employees of the Illinois Racing Board; and | ||||||
12 | (8) employees of the Illinois Gaming Board. | ||||||
13 | (i) For the purposes of this Section, with respect to | ||||||
14 | officers or employees of a regional transit board, as defined | ||||||
15 | in this Act, the phrase "person or entity" does not include: | ||||||
16 | (i) the United States government, (ii) the State, (iii) | ||||||
17 | municipalities, as defined under Article VII, Section 1 of the | ||||||
18 | Illinois Constitution, (iv) units of local government, as | ||||||
19 | defined under Article VII, Section 1 of the Illinois | ||||||
20 | Constitution, or (v) school districts. | ||||||
21 | (Source: P.A. 96-555, eff. 8-18-09; 97-653, eff. 1-13-12.) | ||||||
22 | (5 ILCS 430/20-10)
| ||||||
23 | Sec. 20-10. Offices of Executive Inspectors General.
| ||||||
24 | (a) Six Five independent Offices of the Executive Inspector | ||||||
25 | General are
created,
one each for the Governor, the Attorney |
| |||||||
| |||||||
1 | General, the Secretary of State, the
Comptroller, and the | ||||||
2 | Treasurer and one for gaming activities . Each Office shall be | ||||||
3 | under the direction and
supervision
of an Executive Inspector | ||||||
4 | General and shall be a fully independent office with
separate
| ||||||
5 | appropriations.
| ||||||
6 | (b) The Governor, Attorney General, Secretary of State, | ||||||
7 | Comptroller, and
Treasurer shall each appoint an Executive | ||||||
8 | Inspector General, and the Governor shall appoint an Executive | ||||||
9 | Inspector General for gaming activities. Each appointment must | ||||||
10 | be made without regard to
political affiliation and solely on | ||||||
11 | the basis of integrity and
demonstrated ability.
Appointments | ||||||
12 | shall be made by and with the advice and consent of the
Senate | ||||||
13 | by three-fifths of the elected members concurring by record | ||||||
14 | vote.
Any nomination not acted upon by the Senate within 60 | ||||||
15 | session days of the
receipt thereof shall be deemed to have | ||||||
16 | received the advice and consent of
the Senate. If, during a | ||||||
17 | recess of the Senate, there is a vacancy in an office
of | ||||||
18 | Executive Inspector General, the appointing authority shall | ||||||
19 | make a
temporary appointment until the next meeting of the | ||||||
20 | Senate when the
appointing authority shall make a nomination to | ||||||
21 | fill that office. No person
rejected for an office of Executive | ||||||
22 | Inspector General shall, except by the
Senate's request, be | ||||||
23 | nominated again for that office at the same session of
the | ||||||
24 | Senate or be appointed to that office during a recess of that | ||||||
25 | Senate.
| ||||||
26 | Nothing in this Article precludes the appointment by the |
| |||||||
| |||||||
1 | Governor, Attorney
General,
Secretary of State, Comptroller, | ||||||
2 | or Treasurer of any other inspector general
required or
| ||||||
3 | permitted by law. The Governor, Attorney General, Secretary of | ||||||
4 | State,
Comptroller, and
Treasurer
each may appoint an existing | ||||||
5 | inspector general as the Executive Inspector
General
required | ||||||
6 | by this
Article, provided that such an inspector general is not | ||||||
7 | prohibited by law,
rule,
jurisdiction, qualification, or | ||||||
8 | interest from serving as the Executive
Inspector General
| ||||||
9 | required by
this Article.
An appointing authority may not | ||||||
10 | appoint a relative as an Executive Inspector
General.
| ||||||
11 | Each Executive Inspector General shall have the following | ||||||
12 | qualifications:
| ||||||
13 | (1) has not been convicted of any felony under the laws | ||||||
14 | of this State,
another State, or the United States;
| ||||||
15 | (2) has earned a baccalaureate degree from an | ||||||
16 | institution of higher
education; and
| ||||||
17 | (3) has 5 or more years of cumulative service (A) with | ||||||
18 | a federal,
State, or
local law enforcement agency, at least | ||||||
19 | 2 years of which have been in a
progressive investigatory | ||||||
20 | capacity; (B)
as a
federal, State, or local prosecutor; (C)
| ||||||
21 | as a
senior manager or executive of a federal, State, or | ||||||
22 | local
agency; (D) as a member, an officer,
or a State
or | ||||||
23 | federal judge; or (E) representing any combination of (A) | ||||||
24 | through (D).
| ||||||
25 | The term of each initial Executive Inspector General shall
| ||||||
26 | commence upon qualification and shall run through June 30, |
| |||||||
| |||||||
1 | 2008. The
initial appointments shall be made within 60 days | ||||||
2 | after the effective
date of this Act.
| ||||||
3 | After the initial term, each Executive Inspector General | ||||||
4 | shall serve
for 5-year terms commencing on July 1 of the year | ||||||
5 | of appointment
and running through June 30 of the fifth | ||||||
6 | following year. An
Executive Inspector General may be | ||||||
7 | reappointed to one or more
subsequent terms.
| ||||||
8 | A vacancy occurring other than at the end of a term shall | ||||||
9 | be filled
by the appointing authority only for the balance of | ||||||
10 | the term of the Executive
Inspector General whose office is | ||||||
11 | vacant.
| ||||||
12 | Terms shall run regardless of whether the position is | ||||||
13 | filled.
| ||||||
14 | (c) The Executive Inspector General appointed by the | ||||||
15 | Attorney General shall
have jurisdiction over the Attorney | ||||||
16 | General and all officers and employees of,
and vendors and | ||||||
17 | others doing business with,
State agencies within the | ||||||
18 | jurisdiction of the Attorney General. The Executive
Inspector | ||||||
19 | General appointed by the Secretary of State shall have | ||||||
20 | jurisdiction
over the Secretary of State and all officers and | ||||||
21 | employees of, and vendors and
others doing business with, State | ||||||
22 | agencies within the
jurisdiction of the Secretary of State. The | ||||||
23 | Executive Inspector General
appointed by the Comptroller shall | ||||||
24 | have jurisdiction over the Comptroller and
all officers and | ||||||
25 | employees of, and vendors and others doing business with,
State | ||||||
26 | agencies within the jurisdiction of the Comptroller. The
|
| |||||||
| |||||||
1 | Executive Inspector General appointed by the Treasurer shall | ||||||
2 | have jurisdiction
over the Treasurer and all officers and | ||||||
3 | employees of, and vendors and others
doing business with, State | ||||||
4 | agencies within the jurisdiction
of the Treasurer. The | ||||||
5 | Executive Inspector General appointed by the Governor
shall | ||||||
6 | have jurisdiction over (i) the Governor, (ii) the Lieutenant | ||||||
7 | Governor, (iii) all
officers and employees of, and vendors and | ||||||
8 | others doing business with,
executive branch State agencies | ||||||
9 | under the jurisdiction of the
Executive Ethics Commission and | ||||||
10 | not within the jurisdiction of the
Attorney
General, the | ||||||
11 | Secretary of State, the Comptroller, or the Treasurer, or the | ||||||
12 | Executive Inspector General for gaming activities, and (iv) all | ||||||
13 | board members and employees of the Regional Transit Boards and | ||||||
14 | all vendors and others doing business with the Regional Transit | ||||||
15 | Boards.
The Executive Inspector General for gaming activities | ||||||
16 | appointed by the Governor has jurisdiction over the Illinois | ||||||
17 | Gaming Board, all officers and employees of the Illinois Gaming | ||||||
18 | Board, and all activities of the Illinois Gaming Board.
| ||||||
19 | The jurisdiction of each Executive Inspector General is to | ||||||
20 | investigate
allegations of fraud, waste, abuse, mismanagement, | ||||||
21 | misconduct, nonfeasance,
misfeasance,
malfeasance, or | ||||||
22 | violations of this Act or violations of other related
laws and | ||||||
23 | rules.
| ||||||
24 | (d) The compensation for each Executive Inspector General | ||||||
25 | shall be
determined by the Executive Ethics Commission and | ||||||
26 | shall be made from appropriations made to the Comptroller for |
| |||||||
| |||||||
1 | this purpose. Subject to Section 20-45 of this Act, each
| ||||||
2 | Executive Inspector General has full
authority
to organize his | ||||||
3 | or her Office of the Executive Inspector General, including the
| ||||||
4 | employment and determination of the compensation of staff, such | ||||||
5 | as deputies,
assistants, and other employees, as | ||||||
6 | appropriations permit. A separate
appropriation
shall be made | ||||||
7 | for each Office of Executive Inspector General.
| ||||||
8 | (e) No Executive Inspector General or employee of the | ||||||
9 | Office of
the Executive Inspector General may, during his or | ||||||
10 | her term of appointment or
employment:
| ||||||
11 | (1) become a candidate for any elective office;
| ||||||
12 | (2) hold any other elected or appointed public office
| ||||||
13 | except for appointments on governmental advisory boards
or | ||||||
14 | study commissions or as otherwise expressly authorized by | ||||||
15 | law;
| ||||||
16 | (3) be actively involved in the affairs of any | ||||||
17 | political party or
political organization; or
| ||||||
18 | (4) advocate for the appointment of another person to | ||||||
19 | an appointed or elected office or position or actively | ||||||
20 | participate in any campaign for any
elective office.
| ||||||
21 | In this subsection an appointed public office means a | ||||||
22 | position authorized by
law that is filled by an appointing | ||||||
23 | authority as provided by law and does not
include employment by | ||||||
24 | hiring in the ordinary course of business.
| ||||||
25 | (e-1) No Executive Inspector General or employee of the | ||||||
26 | Office of the
Executive Inspector General may, for one year |
| |||||||
| |||||||
1 | after the termination of his or
her appointment or employment:
| ||||||
2 | (1) become a candidate for any elective office;
| ||||||
3 | (2) hold any elected public office; or
| ||||||
4 | (3) hold any appointed State, county, or local judicial | ||||||
5 | office.
| ||||||
6 | (e-2) The requirements of item (3) of subsection (e-1) may | ||||||
7 | be waived by the
Executive Ethics Commission.
| ||||||
8 | (f) An Executive Inspector General may be removed only for | ||||||
9 | cause and may
be removed only by the appointing constitutional | ||||||
10 | officer. At the time of the
removal,
the appointing | ||||||
11 | constitutional officer must report to the Executive Ethics
| ||||||
12 | Commission the
justification for the
removal.
| ||||||
13 | (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11 .) | ||||||
14 | Section 90-5. The Alcoholism and Other Drug Abuse and | ||||||
15 | Dependency Act is amended by changing Section 5-20 as follows:
| ||||||
16 | (20 ILCS 301/5-20)
| ||||||
17 | Sec. 5-20. Compulsive gambling program.
| ||||||
18 | (a) Subject to appropriation, the Department shall | ||||||
19 | establish a program for
public education, research, and | ||||||
20 | training regarding problem and compulsive
gambling and the | ||||||
21 | treatment and prevention of problem and compulsive gambling.
| ||||||
22 | Subject to specific appropriation for these stated purposes, | ||||||
23 | the program must
include all of the following:
| ||||||
24 | (1) Establishment and maintenance of a toll-free "800" |
| |||||||
| |||||||
1 | telephone number
to provide crisis counseling and referral | ||||||
2 | services to families experiencing
difficulty as a result of | ||||||
3 | problem or compulsive gambling.
| ||||||
4 | (2) Promotion of public awareness regarding the | ||||||
5 | recognition and
prevention of problem and compulsive | ||||||
6 | gambling.
| ||||||
7 | (3) Facilitation, through in-service training and | ||||||
8 | other means, of the
availability of effective assistance | ||||||
9 | programs for problem and compulsive
gamblers.
| ||||||
10 | (4) Conducting studies to identify adults and | ||||||
11 | juveniles in this
State who are, or who are at risk of | ||||||
12 | becoming, problem or compulsive gamblers.
| ||||||
13 | (b) Subject to appropriation, the Department shall either | ||||||
14 | establish and
maintain the program or contract with a private | ||||||
15 | or public entity for the
establishment and maintenance of the | ||||||
16 | program. Subject to appropriation, either
the Department or the | ||||||
17 | private or public entity shall implement the toll-free
| ||||||
18 | telephone number, promote public awareness, and conduct | ||||||
19 | in-service training
concerning problem and compulsive | ||||||
20 | gambling.
| ||||||
21 | (c) Subject to appropriation, the Department shall produce | ||||||
22 | and supply the
signs specified in Section 10.7 of the Illinois | ||||||
23 | Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of | ||||||
24 | 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 | ||||||
25 | of the Charitable Games Act, and Section 13.1 of the Illinois | ||||||
26 | Riverboat
Gambling Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
| ||||||
2 | Section 90-6. The Department of Commerce and Economic | ||||||
3 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
4 | amended by adding Sections 605-530 and 605-535 as follows: | ||||||
5 | (20 ILCS 605/605-530 new) | ||||||
6 | Sec. 605-530. The Depressed Communities Economic | ||||||
7 | Development Board. | ||||||
8 | (a) The Depressed Communities Economic Development Board | ||||||
9 | is created as an advisory board within the Department of | ||||||
10 | Commerce and Economic Opportunity. The Board shall consist of | ||||||
11 | the following members: | ||||||
12 | (1) 3 members appointed by the Governor, one of whom | ||||||
13 | shall be appointed to serve an initial term of one year and | ||||||
14 | 2 of whom shall be appointed to serve an initial term of 2 | ||||||
15 | years; | ||||||
16 | (2) 2 members appointed by the Speaker of the House of | ||||||
17 | Representatives, one of whom shall be appointed to serve an | ||||||
18 | initial term of one year and one of whom shall be appointed | ||||||
19 | to serve an initial term of 2 years; | ||||||
20 | (3) 2 members appointed by the President of the Senate, | ||||||
21 | one of whom shall be appointed to serve an initial term of | ||||||
22 | one year and one of whom shall be appointed to serve an | ||||||
23 | initial term of 2 years; | ||||||
24 | (4) 2 members appointed by the Minority Leader of the |
| |||||||
| |||||||
1 | House of Representatives, one of whom shall be appointed to | ||||||
2 | serve an initial term of one year and one of whom shall be | ||||||
3 | appointed to serve an initial term of 2 years; and | ||||||
4 | (5) 2 members appointed by the Minority Leader of the | ||||||
5 | Senate, one of whom shall be appointed to serve an initial | ||||||
6 | term of one year and one of whom shall be appointed to | ||||||
7 | serve an initial term of 2 years. | ||||||
8 | The members of the Board shall elect a member to serve as | ||||||
9 | chair of the Board. The members of the Board shall reflect the | ||||||
10 | composition of the Illinois population with regard to ethnic | ||||||
11 | and racial composition. | ||||||
12 | After the initial terms, each member shall be appointed to | ||||||
13 | serve a term of 2 years and until his or her successor has been | ||||||
14 | appointed and assumes office. If a vacancy occurs in the Board | ||||||
15 | membership, then the vacancy shall be filled in the same manner | ||||||
16 | as the initial appointment. No member of the Board shall, at | ||||||
17 | the time of his or her appointment or within 2 years before the | ||||||
18 | appointment, hold elected office or be appointed to a State | ||||||
19 | board, commission, or agency. All Board members are subject to | ||||||
20 | the State Officials and Employees Ethics Act. | ||||||
21 | (b) Board members shall serve without compensation, but may | ||||||
22 | be reimbursed for their reasonable travel expenses from funds | ||||||
23 | available for that purpose. The Department of Commerce and | ||||||
24 | Economic Opportunity shall provide staff and administrative | ||||||
25 | support services to the Board. | ||||||
26 | (c) The Board must make recommendations, which must be |
| |||||||
| |||||||
1 | approved by a majority of the Board, to the Department of | ||||||
2 | Commerce and Economic Opportunity concerning the award of | ||||||
3 | grants from amounts appropriated to the Department from the | ||||||
4 | Depressed Communities Economic Development Fund, a special | ||||||
5 | fund created in the State treasury. The Department must make | ||||||
6 | grants to public or private entities submitting proposals to | ||||||
7 | the Board to revitalize an Illinois depressed community. Grants | ||||||
8 | may be used by these entities only for those purposes | ||||||
9 | conditioned with the grant. For the purposes of this subsection | ||||||
10 | (c), plans for revitalizing an Illinois depressed community | ||||||
11 | include plans intended to curb high levels of poverty, | ||||||
12 | unemployment, job and population loss, and general distress. An | ||||||
13 | Illinois depressed community is an area where the poverty rate, | ||||||
14 | as determined by using the most recent data released by the | ||||||
15 | United States Census Bureau, is at least 3% greater than the | ||||||
16 | State poverty rate as determined by using the most recent data | ||||||
17 | released by the United States Census Bureau. | ||||||
18 | (20 ILCS 605/605-535 new) | ||||||
19 | Sec. 605-535. The Commission on the Future of Economic | ||||||
20 | Development of the Latino Community. | ||||||
21 | (a) There is hereby created the Commission on the Future of | ||||||
22 | Economic Development of the Latino Community within the | ||||||
23 | Department. The purpose of the Commission shall be to maintain | ||||||
24 | and develop the economy of Latinos and to provide opportunities | ||||||
25 | for this community, which will enhance and expand the quality |
| |||||||
| |||||||
1 | of their lives. | ||||||
2 | The Commission shall concentrate its major efforts on | ||||||
3 | strategic planning, policy research and analysis, advocacy, | ||||||
4 | evaluation, and promoting coordination and collaboration. | ||||||
5 | During each regular legislative session, the Commission | ||||||
6 | must consult with appropriate legislative committees about the | ||||||
7 | State's economic development needs and opportunities in the | ||||||
8 | Latino community. | ||||||
9 | By October 1st of each even-numbered year, the Commission | ||||||
10 | must submit to the Governor and the General Assembly a biennial | ||||||
11 | comprehensive statewide economic development strategy for the | ||||||
12 | Latino community with a report on progress from the previous | ||||||
13 | comprehensive strategy. | ||||||
14 | The comprehensive statewide economic development strategy | ||||||
15 | may include, but is not limited to: | ||||||
16 | (1) an assessment of the Latino community's economic | ||||||
17 | vitality; | ||||||
18 | (2) recommended goals, objectives, and priorities for | ||||||
19 | the next biennium and the future; | ||||||
20 | (3) a common set of outcomes and benchmarks for the | ||||||
21 | economic development system as a whole for the Latino | ||||||
22 | community; | ||||||
23 | (4) recommendations for removing barriers for Latinos | ||||||
24 | in employment; | ||||||
25 | (5) an inventory of existing relevant programs | ||||||
26 | compiled by the Commission from materials submitted by |
| |||||||
| |||||||
1 | agencies; | ||||||
2 | (6) recommendations for expanding, discontinuing, or | ||||||
3 | redirecting existing programs or adding new programs to | ||||||
4 | better serve the Latino community; and | ||||||
5 | (7) recommendations of best practices and public and | ||||||
6 | private sector roles in implementing the comprehensive | ||||||
7 | statewide economic development strategy. | ||||||
8 | In developing the biennial statewide economic development | ||||||
9 | strategy, goals, objectives, priorities, and recommendations, | ||||||
10 | the Commission shall consult, collaborate, and coordinate with | ||||||
11 | relevant State agencies, private sector business, nonprofit | ||||||
12 | organizations involved in economic development, trade | ||||||
13 | associations, associate development organizations, and | ||||||
14 | relevant local organizations in order to avoid duplication of | ||||||
15 | effort. | ||||||
16 | State agencies shall cooperate with the Commission and | ||||||
17 | provide information as the Commission may reasonably request. | ||||||
18 | The Commission shall review and make budget | ||||||
19 | recommendations to the Governor's Office of Management and | ||||||
20 | Budget and the General Assembly in areas relating to the | ||||||
21 | economic development in the State's Latino community. | ||||||
22 | The Commission shall evaluate its own performance on a | ||||||
23 | regular basis. | ||||||
24 | The Commission may accept gifts, grants, donations, | ||||||
25 | sponsorships, or contributions from any federal, State, or | ||||||
26 | local governmental agency or program, or any private source, |
| |||||||
| |||||||
1 | and expend the same for any purpose consistent with this | ||||||
2 | Section. | ||||||
3 | (b) The Commission shall consist of 12 voting members, | ||||||
4 | appointed by the Governor, 4 of whom shall be appointed to | ||||||
5 | serve an initial term of one year, 4 of whom shall be appointed | ||||||
6 | to serve an initial term of 2 years, and 4 of whom shall be | ||||||
7 | appointed to serve an initial term of 3 years. After the | ||||||
8 | initial term, each member shall be appointed to a term of 3 | ||||||
9 | years. Members of the Commission shall serve at the pleasure of | ||||||
10 | the Governor for not more than 2 consecutive 3-year terms. In | ||||||
11 | appointing members, the Governor shall appoint individuals | ||||||
12 | from the following private industry sectors: | ||||||
13 | (1) production agriculture; | ||||||
14 | (2) at least 2 individuals from manufacturing, one of | ||||||
15 | whom shall represent a company with no more than 75 | ||||||
16 | employees; | ||||||
17 | (3) transportation, construction, and logistics; | ||||||
18 | (4) travel and tourism; | ||||||
19 | (5) financial services and insurance; | ||||||
20 | (6) information technology and communications; and | ||||||
21 | (7) biotechnology. | ||||||
22 | The members of the Commission shall choose a member to | ||||||
23 | serve as chair of the Commission. The members of the Commission | ||||||
24 | shall be representative, to the extent possible, of the various | ||||||
25 | geographic areas of the State. The Director shall serve as an | ||||||
26 | ad hoc nonvoting member of the Commission. Vacancies shall be |
| |||||||
| |||||||
1 | filled in the same manner as the original appointments. The | ||||||
2 | members of the Commission shall serve without compensation. | ||||||
3 | (c) The Commission shall meet at least 4 times per year, | ||||||
4 | with at least one meeting each calendar quarter, at the call of | ||||||
5 | the director or 4 voting members of the Commission. The staff | ||||||
6 | and support for the Commission shall be provided by the | ||||||
7 | Department. | ||||||
8 | (d) The Commission and Department are encouraged to involve | ||||||
9 | other essential groups in the work of the Commission, | ||||||
10 | including, but not limited to: | ||||||
11 | (1) public universities; | ||||||
12 | (2) community colleges; | ||||||
13 | (3) other educational institutions; and | ||||||
14 | (4) the Department of Labor. | ||||||
15 | (e) The Commission shall make recommendations, which must | ||||||
16 | be approved by a majority of the members of the Commission, to | ||||||
17 | the Department concerning the award of grants from amounts | ||||||
18 | appropriated to the Department from the Latino Community | ||||||
19 | Economic Development Fund, a special fund in the State | ||||||
20 | treasury. The Department shall make grants to public or private | ||||||
21 | entities submitting proposals to the Commission to assist in | ||||||
22 | the economic development of the Latino community. Grants may be | ||||||
23 | used by these entities only for those purposes conditioned with | ||||||
24 | the grant. The Commission shall coordinate with the Department | ||||||
25 | to develop grant criteria. | ||||||
26 | (f) For the purposes of this Section: |
| |||||||
| |||||||
1 | "Department" means the Department of Commerce and Economic | ||||||
2 | Development. | ||||||
3 | "Director" means the Director of Commerce and Economic | ||||||
4 | Development. | ||||||
5 | "Educational institutions" means nonprofit public and | ||||||
6 | private colleges, community colleges, State colleges, and | ||||||
7 | universities in this State. | ||||||
8 | Section 90-8. The Illinois Lottery Law is amended by | ||||||
9 | changing Section 9.1 as follows: | ||||||
10 | (20 ILCS 1605/9.1) | ||||||
11 | Sec. 9.1. Private manager and management agreement. | ||||||
12 | (a) As used in this Section: | ||||||
13 | "Offeror" means a person or group of persons that responds | ||||||
14 | to a request for qualifications under this Section. | ||||||
15 | "Request for qualifications" means all materials and | ||||||
16 | documents prepared by the Department to solicit the following | ||||||
17 | from offerors: | ||||||
18 | (1) Statements of qualifications. | ||||||
19 | (2) Proposals to enter into a management agreement, | ||||||
20 | including the identity of any prospective vendor or vendors | ||||||
21 | that the offeror intends to initially engage to assist the | ||||||
22 | offeror in performing its obligations under the management | ||||||
23 | agreement. | ||||||
24 | "Final offer" means the last proposal submitted by an |
| |||||||
| |||||||
1 | offeror in response to the request for qualifications, | ||||||
2 | including the identity of any prospective vendor or vendors | ||||||
3 | that the offeror intends to initially engage to assist the | ||||||
4 | offeror in performing its obligations under the management | ||||||
5 | agreement. | ||||||
6 | "Final offeror" means the offeror ultimately selected by | ||||||
7 | the Governor to be the private manager for the Lottery under | ||||||
8 | subsection (h) of this Section. | ||||||
9 | (b) By September 15, 2010, the Governor shall select a | ||||||
10 | private manager for the total management of the Lottery with | ||||||
11 | integrated functions, such as lottery game design, supply of | ||||||
12 | goods and services, and advertising and as specified in this | ||||||
13 | Section. | ||||||
14 | (c) Pursuant to the terms of this subsection, the | ||||||
15 | Department shall endeavor to expeditiously terminate the | ||||||
16 | existing contracts in support of the Lottery in effect on the | ||||||
17 | effective date of this amendatory Act of the 96th General | ||||||
18 | Assembly in connection with the selection of the private | ||||||
19 | manager. As part of its obligation to terminate these contracts | ||||||
20 | and select the private manager, the Department shall establish | ||||||
21 | a mutually agreeable timetable to transfer the functions of | ||||||
22 | existing contractors to the private manager so that existing | ||||||
23 | Lottery operations are not materially diminished or impaired | ||||||
24 | during the transition. To that end, the Department shall do the | ||||||
25 | following: | ||||||
26 | (1) where such contracts contain a provision |
| |||||||
| |||||||
1 | authorizing termination upon notice, the Department shall | ||||||
2 | provide notice of termination to occur upon the mutually | ||||||
3 | agreed timetable for transfer of functions; | ||||||
4 | (2) upon the expiration of any initial term or renewal | ||||||
5 | term of the current Lottery contracts, the Department shall | ||||||
6 | not renew such contract for a term extending beyond the | ||||||
7 | mutually agreed timetable for transfer of functions; or | ||||||
8 | (3) in the event any current contract provides for | ||||||
9 | termination of that contract upon the implementation of a | ||||||
10 | contract with the private manager, the Department shall | ||||||
11 | perform all necessary actions to terminate the contract on | ||||||
12 | the date that coincides with the mutually agreed timetable | ||||||
13 | for transfer of functions. | ||||||
14 | If the contracts to support the current operation of the | ||||||
15 | Lottery in effect on the effective date of this amendatory Act | ||||||
16 | of the 96th General Assembly are not subject to termination as | ||||||
17 | provided for in this subsection (c), then the Department may | ||||||
18 | include a provision in the contract with the private manager | ||||||
19 | specifying a mutually agreeable methodology for incorporation. | ||||||
20 | (c-5) The Department shall include provisions in the | ||||||
21 | management agreement whereby the private manager shall, for a | ||||||
22 | fee, and pursuant to a contract negotiated with the Department | ||||||
23 | (the "Employee Use Contract"), utilize the services of current | ||||||
24 | Department employees to assist in the administration and | ||||||
25 | operation of the Lottery. The Department shall be the employer | ||||||
26 | of all such bargaining unit employees assigned to perform such |
| |||||||
| |||||||
1 | work for the private manager, and such employees shall be State | ||||||
2 | employees, as defined by the Personnel Code. Department | ||||||
3 | employees shall operate under the same employment policies, | ||||||
4 | rules, regulations, and procedures, as other employees of the | ||||||
5 | Department. In addition, neither historical representation | ||||||
6 | rights under the Illinois Public Labor Relations Act, nor | ||||||
7 | existing collective bargaining agreements, shall be disturbed | ||||||
8 | by the management agreement with the private manager for the | ||||||
9 | management of the Lottery. | ||||||
10 | (d) The management agreement with the private manager shall | ||||||
11 | include all of the following: | ||||||
12 | (1) A term not to exceed 10 years, including any | ||||||
13 | renewals. | ||||||
14 | (2) A provision specifying that the Department: | ||||||
15 | (A) shall exercise actual control over all | ||||||
16 | significant business decisions; | ||||||
17 | (A-5) has the authority to direct or countermand | ||||||
18 | operating decisions by the private manager at any time; | ||||||
19 | (B) has ready access at any time to information | ||||||
20 | regarding Lottery operations; | ||||||
21 | (C) has the right to demand and receive information | ||||||
22 | from the private manager concerning any aspect of the | ||||||
23 | Lottery operations at any time; and | ||||||
24 | (D) retains ownership of all trade names, | ||||||
25 | trademarks, and intellectual property associated with | ||||||
26 | the Lottery. |
| |||||||
| |||||||
1 | (3) A provision imposing an affirmative duty on the | ||||||
2 | private manager to provide the Department with material | ||||||
3 | information and with any information the private manager | ||||||
4 | reasonably believes the Department would want to know to | ||||||
5 | enable the Department to conduct the Lottery. | ||||||
6 | (4) A provision requiring the private manager to | ||||||
7 | provide the Department with advance notice of any operating | ||||||
8 | decision that bears significantly on the public interest, | ||||||
9 | including, but not limited to, decisions on the kinds of | ||||||
10 | games to be offered to the public and decisions affecting | ||||||
11 | the relative risk and reward of the games being offered, so | ||||||
12 | the Department has a reasonable opportunity to evaluate and | ||||||
13 | countermand that decision. | ||||||
14 | (5) A provision providing for compensation of the | ||||||
15 | private manager that may consist of, among other things, a | ||||||
16 | fee for services and a performance based bonus as | ||||||
17 | consideration for managing the Lottery, including terms | ||||||
18 | that may provide the private manager with an increase in | ||||||
19 | compensation if Lottery revenues grow by a specified | ||||||
20 | percentage in a given year. | ||||||
21 | (6) (Blank). | ||||||
22 | (7) A provision requiring the deposit of all Lottery | ||||||
23 | proceeds to be deposited into the State Lottery Fund except | ||||||
24 | as otherwise provided in Section 20 of this Act. | ||||||
25 | (8) A provision requiring the private manager to locate | ||||||
26 | its principal office within the State. |
| |||||||
| |||||||
1 | (8-5) A provision encouraging that at least 20% of the | ||||||
2 | cost of contracts entered into for goods and services by | ||||||
3 | the private manager in connection with its management of | ||||||
4 | the Lottery, other than contracts with sales agents or | ||||||
5 | technical advisors, be awarded to businesses that are a | ||||||
6 | minority owned business, a female owned business, or a | ||||||
7 | business owned by a person with disability, as those terms | ||||||
8 | are defined in the Business Enterprise for Minorities, | ||||||
9 | Females, and Persons with Disabilities Act. | ||||||
10 | (9) A requirement that so long as the private manager | ||||||
11 | complies with all the conditions of the agreement under the | ||||||
12 | oversight of the Department, the private manager shall have | ||||||
13 | the following duties and obligations with respect to the | ||||||
14 | management of the Lottery: | ||||||
15 | (A) The right to use equipment and other assets | ||||||
16 | used in the operation of the Lottery. | ||||||
17 | (B) The rights and obligations under contracts | ||||||
18 | with retailers and vendors. | ||||||
19 | (C) The implementation of a comprehensive security | ||||||
20 | program by the private manager. | ||||||
21 | (D) The implementation of a comprehensive system | ||||||
22 | of internal audits. | ||||||
23 | (E) The implementation of a program by the private | ||||||
24 | manager to curb compulsive gambling by persons playing | ||||||
25 | the Lottery. | ||||||
26 | (F) A system for determining (i) the type of |
| |||||||
| |||||||
1 | Lottery games, (ii) the method of selecting winning | ||||||
2 | tickets, (iii) the manner of payment of prizes to | ||||||
3 | holders of winning tickets, (iv) the frequency of | ||||||
4 | drawings of winning tickets, (v) the method to be used | ||||||
5 | in selling tickets, (vi) a system for verifying the | ||||||
6 | validity of tickets claimed to be winning tickets, | ||||||
7 | (vii) the basis upon which retailer commissions are | ||||||
8 | established by the manager, and (viii) minimum | ||||||
9 | payouts. | ||||||
10 | (10) A requirement that advertising and promotion must | ||||||
11 | be consistent with Section 7.8a of this Act. | ||||||
12 | (11) A requirement that the private manager market the | ||||||
13 | Lottery to those residents who are new, infrequent, or | ||||||
14 | lapsed players of the Lottery, especially those who are | ||||||
15 | most likely to make regular purchases on the Internet as | ||||||
16 | permitted by law. | ||||||
17 | (12) A code of ethics for the private manager's | ||||||
18 | officers and employees. | ||||||
19 | (13) A requirement that the Department monitor and | ||||||
20 | oversee the private manager's practices and take action | ||||||
21 | that the Department considers appropriate to ensure that | ||||||
22 | the private manager is in compliance with the terms of the | ||||||
23 | management agreement, while allowing the manager, unless | ||||||
24 | specifically prohibited by law or the management | ||||||
25 | agreement, to negotiate and sign its own contracts with | ||||||
26 | vendors. |
| |||||||
| |||||||
1 | (14) A provision requiring the private manager to | ||||||
2 | periodically file, at least on an annual basis, appropriate | ||||||
3 | financial statements in a form and manner acceptable to the | ||||||
4 | Department. | ||||||
5 | (15) Cash reserves requirements. | ||||||
6 | (16) Procedural requirements for obtaining the prior | ||||||
7 | approval of the Department when a management agreement or | ||||||
8 | an interest in a management agreement is sold, assigned, | ||||||
9 | transferred, or pledged as collateral to secure financing. | ||||||
10 | (17) Grounds for the termination of the management | ||||||
11 | agreement by the Department or the private manager. | ||||||
12 | (18) Procedures for amendment of the agreement. | ||||||
13 | (19) A provision requiring the private manager to | ||||||
14 | engage in an open and competitive bidding process for any | ||||||
15 | procurement having a cost in excess of $50,000 that is not | ||||||
16 | a part of the private manager's final offer. The process | ||||||
17 | shall favor the selection of a vendor deemed to have | ||||||
18 | submitted a proposal that provides the Lottery with the | ||||||
19 | best overall value. The process shall not be subject to the | ||||||
20 | provisions of the Illinois Procurement Code, unless | ||||||
21 | specifically required by the management agreement. | ||||||
22 | (20) The transition of rights and obligations, | ||||||
23 | including any associated equipment or other assets used in | ||||||
24 | the operation of the Lottery, from the manager to any | ||||||
25 | successor manager of the lottery, including the | ||||||
26 | Department, following the termination of or foreclosure |
| |||||||
| |||||||
1 | upon the management agreement. | ||||||
2 | (21) Right of use of copyrights, trademarks, and | ||||||
3 | service marks held by the Department in the name of the | ||||||
4 | State. The agreement must provide that any use of them by | ||||||
5 | the manager shall only be for the purpose of fulfilling its | ||||||
6 | obligations under the management agreement during the term | ||||||
7 | of the agreement. | ||||||
8 | (22) The disclosure of any information requested by the | ||||||
9 | Department to enable it to comply with the reporting | ||||||
10 | requirements and information requests provided for under | ||||||
11 | subsection (p) of this Section. | ||||||
12 | (e) Notwithstanding any other law to the contrary, the | ||||||
13 | Department shall select a private manager through a competitive | ||||||
14 | request for qualifications process consistent with Section | ||||||
15 | 20-35 of the Illinois Procurement Code, which shall take into | ||||||
16 | account: | ||||||
17 | (1) the offeror's ability to market the Lottery to | ||||||
18 | those residents who are new, infrequent, or lapsed players | ||||||
19 | of the Lottery, especially those who are most likely to | ||||||
20 | make regular purchases on the Internet; | ||||||
21 | (2) the offeror's ability to address the State's | ||||||
22 | concern with the social effects of gambling on those who | ||||||
23 | can least afford to do so; | ||||||
24 | (3) the offeror's ability to provide the most | ||||||
25 | successful management of the Lottery for the benefit of the | ||||||
26 | people of the State based on current and past business |
| |||||||
| |||||||
1 | practices or plans of the offeror; and | ||||||
2 | (4) the offeror's poor or inadequate past performance | ||||||
3 | in servicing, equipping, operating or managing a lottery on | ||||||
4 | behalf of Illinois, another State or foreign government and | ||||||
5 | attracting persons who are not currently regular players of | ||||||
6 | a lottery. | ||||||
7 | (f) The Department may retain the services of an advisor or | ||||||
8 | advisors with significant experience in financial services or | ||||||
9 | the management, operation, and procurement of goods, services, | ||||||
10 | and equipment for a government-run lottery to assist in the | ||||||
11 | preparation of the terms of the request for qualifications and | ||||||
12 | selection of the private manager. Any prospective advisor | ||||||
13 | seeking to provide services under this subsection (f) shall | ||||||
14 | disclose any material business or financial relationship | ||||||
15 | during the past 3 years with any potential offeror, or with a | ||||||
16 | contractor or subcontractor presently providing goods, | ||||||
17 | services, or equipment to the Department to support the | ||||||
18 | Lottery. The Department shall evaluate the material business or | ||||||
19 | financial relationship of each prospective advisor. The | ||||||
20 | Department shall not select any prospective advisor with a | ||||||
21 | substantial business or financial relationship that the | ||||||
22 | Department deems to impair the objectivity of the services to | ||||||
23 | be provided by the prospective advisor. During the course of | ||||||
24 | the advisor's engagement by the Department, and for a period of | ||||||
25 | one year thereafter, the advisor shall not enter into any | ||||||
26 | business or financial relationship with any offeror or any |
| |||||||
| |||||||
1 | vendor identified to assist an offeror in performing its | ||||||
2 | obligations under the management agreement. Any advisor | ||||||
3 | retained by the Department shall be disqualified from being an | ||||||
4 | offeror.
The Department shall not include terms in the request | ||||||
5 | for qualifications that provide a material advantage whether | ||||||
6 | directly or indirectly to any potential offeror, or any | ||||||
7 | contractor or subcontractor presently providing goods, | ||||||
8 | services, or equipment to the Department to support the | ||||||
9 | Lottery, including terms contained in previous responses to | ||||||
10 | requests for proposals or qualifications submitted to | ||||||
11 | Illinois, another State or foreign government when those terms | ||||||
12 | are uniquely associated with a particular potential offeror, | ||||||
13 | contractor, or subcontractor. The request for proposals | ||||||
14 | offered by the Department on December 22, 2008 as | ||||||
15 | "LOT08GAMESYS" and reference number "22016176" is declared | ||||||
16 | void. | ||||||
17 | (g) The Department shall select at least 2 offerors as | ||||||
18 | finalists to potentially serve as the private manager no later | ||||||
19 | than August 9, 2010. Upon making preliminary selections, the | ||||||
20 | Department shall schedule a public hearing on the finalists' | ||||||
21 | proposals and provide public notice of the hearing at least 7 | ||||||
22 | calendar days before the hearing. The notice must include all | ||||||
23 | of the following: | ||||||
24 | (1) The date, time, and place of the hearing. | ||||||
25 | (2) The subject matter of the hearing. | ||||||
26 | (3) A brief description of the management agreement to |
| |||||||
| |||||||
1 | be awarded. | ||||||
2 | (4) The identity of the offerors that have been | ||||||
3 | selected as finalists to serve as the private manager. | ||||||
4 | (5) The address and telephone number of the Department. | ||||||
5 | (h) At the public hearing, the Department shall (i) provide | ||||||
6 | sufficient time for each finalist to present and explain its | ||||||
7 | proposal to the Department and the Governor or the Governor's | ||||||
8 | designee, including an opportunity to respond to questions | ||||||
9 | posed by the Department, Governor, or designee and (ii) allow | ||||||
10 | the public and non-selected offerors to comment on the | ||||||
11 | presentations. The Governor or a designee shall attend the | ||||||
12 | public hearing. After the public hearing, the Department shall | ||||||
13 | have 14 calendar days to recommend to the Governor whether a | ||||||
14 | management agreement should be entered into with a particular | ||||||
15 | finalist. After reviewing the Department's recommendation, the | ||||||
16 | Governor may accept or reject the Department's recommendation, | ||||||
17 | and shall select a final offeror as the private manager by | ||||||
18 | publication of a notice in the Illinois Procurement Bulletin on | ||||||
19 | or before September 15, 2010. The Governor shall include in the | ||||||
20 | notice a detailed explanation and the reasons why the final | ||||||
21 | offeror is superior to other offerors and will provide | ||||||
22 | management services in a manner that best achieves the | ||||||
23 | objectives of this Section. The Governor shall also sign the | ||||||
24 | management agreement with the private manager. | ||||||
25 | (i) Any action to contest the private manager selected by | ||||||
26 | the Governor under this Section must be brought within 7 |
| |||||||
| |||||||
1 | calendar days after the publication of the notice of the | ||||||
2 | designation of the private manager as provided in subsection | ||||||
3 | (h) of this Section. | ||||||
4 | (j) The Lottery shall remain, for so long as a private | ||||||
5 | manager manages the Lottery in accordance with provisions of | ||||||
6 | this Act, a Lottery conducted by the State, and the State shall | ||||||
7 | not be authorized to sell or transfer the Lottery to a third | ||||||
8 | party. | ||||||
9 | (k) Any tangible personal property used exclusively in | ||||||
10 | connection with the lottery that is owned by the Department and | ||||||
11 | leased to the private manager shall be owned by the Department | ||||||
12 | in the name of the State and shall be considered to be public | ||||||
13 | property devoted to an essential public and governmental | ||||||
14 | function. | ||||||
15 | (l) The Department may exercise any of its powers under | ||||||
16 | this Section or any other law as necessary or desirable for the | ||||||
17 | execution of the Department's powers under this Section. | ||||||
18 | (m) Neither this Section nor any management agreement | ||||||
19 | entered into under this Section prohibits the General Assembly | ||||||
20 | from authorizing forms of gambling that are not in direct | ||||||
21 | competition with the Lottery. The forms of gambling authorized | ||||||
22 | by this amendatory Act of the 100th General Assembly constitute | ||||||
23 | authorized forms of gambling that are not in direct competition | ||||||
24 | with the Lottery. | ||||||
25 | (n) The private manager shall be subject to a complete | ||||||
26 | investigation in the third, seventh, and tenth years of the |
| |||||||
| |||||||
1 | agreement (if the agreement is for a 10-year term) by the | ||||||
2 | Department in cooperation with the Auditor General to determine | ||||||
3 | whether the private manager has complied with this Section and | ||||||
4 | the management agreement. The private manager shall bear the | ||||||
5 | cost of an investigation or reinvestigation of the private | ||||||
6 | manager under this subsection. | ||||||
7 | (o) The powers conferred by this Section are in addition | ||||||
8 | and supplemental to the powers conferred by any other law. If | ||||||
9 | any other law or rule is inconsistent with this Section, | ||||||
10 | including, but not limited to, provisions of the Illinois | ||||||
11 | Procurement Code, then this Section controls as to any | ||||||
12 | management agreement entered into under this Section. This | ||||||
13 | Section and any rules adopted under this Section contain full | ||||||
14 | and complete authority for a management agreement between the | ||||||
15 | Department and a private manager. No law, procedure, | ||||||
16 | proceeding, publication, notice, consent, approval, order, or | ||||||
17 | act by the Department or any other officer, Department, agency, | ||||||
18 | or instrumentality of the State or any political subdivision is | ||||||
19 | required for the Department to enter into a management | ||||||
20 | agreement under this Section. This Section contains full and | ||||||
21 | complete authority for the Department to approve any contracts | ||||||
22 | entered into by a private manager with a vendor providing | ||||||
23 | goods, services, or both goods and services to the private | ||||||
24 | manager under the terms of the management agreement, including | ||||||
25 | subcontractors of such vendors. | ||||||
26 | Upon receipt of a written request from the Chief |
| |||||||
| |||||||
1 | Procurement Officer, the Department shall provide to the Chief | ||||||
2 | Procurement Officer a complete and un-redacted copy of the | ||||||
3 | management agreement or any contract that is subject to the | ||||||
4 | Department's approval authority under this subsection (o). The | ||||||
5 | Department shall provide a copy of the agreement or contract to | ||||||
6 | the Chief Procurement Officer in the time specified by the | ||||||
7 | Chief Procurement Officer in his or her written request, but no | ||||||
8 | later than 5 business days after the request is received by the | ||||||
9 | Department. The Chief Procurement Officer must retain any | ||||||
10 | portions of the management agreement or of any contract | ||||||
11 | designated by the Department as confidential, proprietary, or | ||||||
12 | trade secret information in complete confidence pursuant to | ||||||
13 | subsection (g) of Section 7 of the Freedom of Information Act. | ||||||
14 | The Department shall also provide the Chief Procurement Officer | ||||||
15 | with reasonable advance written notice of any contract that is | ||||||
16 | pending Department approval. | ||||||
17 | Notwithstanding any other provision of this Section to the | ||||||
18 | contrary, the Chief Procurement Officer shall adopt | ||||||
19 | administrative rules, including emergency rules, to establish | ||||||
20 | a procurement process to select a successor private manager if | ||||||
21 | a private management agreement has been terminated. The | ||||||
22 | selection process shall at a minimum take into account the | ||||||
23 | criteria set forth in items (1) through (4) of subsection (e) | ||||||
24 | of this Section and may include provisions consistent with | ||||||
25 | subsections (f), (g), (h), and (i) of this Section. The Chief | ||||||
26 | Procurement Officer shall also implement and administer the |
| |||||||
| |||||||
1 | adopted selection process upon the termination of a private | ||||||
2 | management agreement. The Department, after the Chief | ||||||
3 | Procurement Officer certifies that the procurement process has | ||||||
4 | been followed in accordance with the rules adopted under this | ||||||
5 | subsection (o), shall select a final offeror as the private | ||||||
6 | manager and sign the management agreement with the private | ||||||
7 | manager. | ||||||
8 | Except as provided in Sections 21.2, 21.5, 21.6, 21.7, | ||||||
9 | 21.8, and 21.9, the Department shall distribute all proceeds of | ||||||
10 | lottery tickets and shares sold in the following priority and | ||||||
11 | manner: | ||||||
12 | (1) The payment of prizes and retailer bonuses. | ||||||
13 | (2) The payment of costs incurred in the operation and | ||||||
14 | administration of the Lottery, including the payment of | ||||||
15 | sums due to the private manager under the management | ||||||
16 | agreement with the Department. | ||||||
17 | (3) On the last day of each month or as soon thereafter | ||||||
18 | as possible, the State Comptroller shall direct and the | ||||||
19 | State Treasurer shall transfer from the State Lottery Fund | ||||||
20 | to the Common School Fund an amount that is equal to the | ||||||
21 | proceeds transferred in the corresponding month of fiscal | ||||||
22 | year 2009, as adjusted for inflation, to the Common School | ||||||
23 | Fund. | ||||||
24 | (4) On or before the last day of each fiscal year, | ||||||
25 | deposit any remaining proceeds, subject to payments under | ||||||
26 | items (1), (2), and (3) into the Capital Projects Fund each |
| |||||||
| |||||||
1 | fiscal year. | ||||||
2 | (p) The Department shall be subject to the following | ||||||
3 | reporting and information request requirements: | ||||||
4 | (1) the Department shall submit written quarterly | ||||||
5 | reports to the Governor and the General Assembly on the | ||||||
6 | activities and actions of the private manager selected | ||||||
7 | under this Section; | ||||||
8 | (2) upon request of the Chief Procurement Officer, the | ||||||
9 | Department shall promptly produce information related to | ||||||
10 | the procurement activities of the Department and the | ||||||
11 | private manager requested by the Chief Procurement | ||||||
12 | Officer; the Chief Procurement Officer must retain | ||||||
13 | confidential, proprietary, or trade secret information | ||||||
14 | designated by the Department in complete confidence | ||||||
15 | pursuant to subsection (g) of Section 7 of the Freedom of | ||||||
16 | Information Act; and | ||||||
17 | (3) at least 30 days prior to the beginning of the | ||||||
18 | Department's fiscal year, the Department shall prepare an | ||||||
19 | annual written report on the activities of the private | ||||||
20 | manager selected under this Section and deliver that report | ||||||
21 | to the Governor and General Assembly. | ||||||
22 | (Source: P.A. 97-464, eff. 8-19-11; 98-463, eff. 8-16-13; | ||||||
23 | 98-649, eff. 6-16-14.) | ||||||
24 | Section 90-10. The Department of Revenue Law of the
Civil | ||||||
25 | Administrative Code of Illinois is amended by changing Section |
| |||||||
| |||||||
1 | 2505-305 as follows:
| ||||||
2 | (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
| ||||||
3 | Sec. 2505-305. Investigators.
| ||||||
4 | (a) The Department has the power to
appoint investigators | ||||||
5 | to conduct all investigations,
searches, seizures, arrests, | ||||||
6 | and other duties imposed under the provisions
of any law | ||||||
7 | administered by the Department.
Except as provided in | ||||||
8 | subsection (c), these investigators have
and
may exercise all | ||||||
9 | the powers of peace officers solely for the purpose of
| ||||||
10 | enforcing taxing measures administered by the Department.
| ||||||
11 | (b) The Director must authorize to each investigator | ||||||
12 | employed under this
Section and
to any other employee of the | ||||||
13 | Department exercising the powers of a peace
officer a
distinct | ||||||
14 | badge that, on its face, (i) clearly states that the badge is
| ||||||
15 | authorized
by the
Department and (ii)
contains a unique | ||||||
16 | identifying number.
No other badge shall be authorized by
the | ||||||
17 | Department.
| ||||||
18 | (c) The Department may enter into agreements with the | ||||||
19 | Illinois Gaming Board providing that investigators appointed | ||||||
20 | under this Section shall exercise the peace officer powers set | ||||||
21 | forth in paragraph (20.6) of subsection (c) of Section 5 of the | ||||||
22 | Illinois Riverboat Gambling Act.
| ||||||
23 | (Source: P.A. 96-37, eff. 7-13-09.)
| ||||||
24 | Section 90-12. The Illinois State Auditing Act is amended |
| |||||||
| |||||||
1 | by changing Section 3-1 as follows:
| ||||||
2 | (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
| ||||||
3 | Sec. 3-1. Jurisdiction of Auditor General. The Auditor | ||||||
4 | General has
jurisdiction over all State agencies to make post | ||||||
5 | audits and investigations
authorized by or under this Act or | ||||||
6 | the Constitution.
| ||||||
7 | The Auditor General has jurisdiction over local government | ||||||
8 | agencies
and private agencies only:
| ||||||
9 | (a) to make such post audits authorized by or under | ||||||
10 | this Act as are
necessary and incidental to a post audit of | ||||||
11 | a State agency or of a
program administered by a State | ||||||
12 | agency involving public funds of the
State, but this | ||||||
13 | jurisdiction does not include any authority to review
local | ||||||
14 | governmental agencies in the obligation, receipt, | ||||||
15 | expenditure or
use of public funds of the State that are | ||||||
16 | granted without limitation or
condition imposed by law, | ||||||
17 | other than the general limitation that such
funds be used | ||||||
18 | for public purposes;
| ||||||
19 | (b) to make investigations authorized by or under this | ||||||
20 | Act or the
Constitution; and
| ||||||
21 | (c) to make audits of the records of local government | ||||||
22 | agencies to verify
actual costs of state-mandated programs | ||||||
23 | when directed to do so by the
Legislative Audit Commission | ||||||
24 | at the request of the State Board of Appeals
under the | ||||||
25 | State Mandates Act.
|
| |||||||
| |||||||
1 | In addition to the foregoing, the Auditor General may | ||||||
2 | conduct an
audit of the Metropolitan Pier and Exposition | ||||||
3 | Authority, the
Regional Transportation Authority, the Suburban | ||||||
4 | Bus Division, the Commuter
Rail Division and the Chicago | ||||||
5 | Transit Authority and any other subsidized
carrier when | ||||||
6 | authorized by the Legislative Audit Commission. Such audit
may | ||||||
7 | be a financial, management or program audit, or any combination | ||||||
8 | thereof.
| ||||||
9 | The audit shall determine whether they are operating in | ||||||
10 | accordance with
all applicable laws and regulations. Subject to | ||||||
11 | the limitations of this
Act, the Legislative Audit Commission | ||||||
12 | may by resolution specify additional
determinations to be | ||||||
13 | included in the scope of the audit.
| ||||||
14 | In addition to the foregoing, the Auditor General must also | ||||||
15 | conduct a
financial audit of
the Illinois Sports Facilities | ||||||
16 | Authority's expenditures of public funds in
connection with the | ||||||
17 | reconstruction, renovation, remodeling, extension, or
| ||||||
18 | improvement of all or substantially all of any existing | ||||||
19 | "facility", as that
term is defined in the Illinois Sports | ||||||
20 | Facilities Authority Act.
| ||||||
21 | The Auditor General may also conduct an audit, when | ||||||
22 | authorized by
the Legislative Audit Commission, of any hospital | ||||||
23 | which receives 10% or
more of its gross revenues from payments | ||||||
24 | from the State of Illinois,
Department of Healthcare and Family | ||||||
25 | Services (formerly Department of Public Aid), Medical | ||||||
26 | Assistance Program.
|
| |||||||
| |||||||
1 | The Auditor General is authorized to conduct financial and | ||||||
2 | compliance
audits of the Illinois Distance Learning Foundation | ||||||
3 | and the Illinois
Conservation Foundation.
| ||||||
4 | As soon as practical after the effective date of this | ||||||
5 | amendatory Act of
1995, the Auditor General shall conduct a | ||||||
6 | compliance and management audit of
the City of
Chicago and any | ||||||
7 | other entity with regard to the operation of Chicago O'Hare
| ||||||
8 | International Airport, Chicago Midway Airport and Merrill C. | ||||||
9 | Meigs Field. The
audit shall include, but not be limited to, an | ||||||
10 | examination of revenues,
expenses, and transfers of funds; | ||||||
11 | purchasing and contracting policies and
practices; staffing | ||||||
12 | levels; and hiring practices and procedures. When
completed, | ||||||
13 | the audit required by this paragraph shall be distributed in
| ||||||
14 | accordance with Section 3-14.
| ||||||
15 | The Auditor General shall conduct a financial and | ||||||
16 | compliance and program
audit of distributions from the | ||||||
17 | Municipal Economic Development Fund
during the immediately | ||||||
18 | preceding calendar year pursuant to Section 8-403.1 of
the | ||||||
19 | Public Utilities Act at no cost to the city, village, or | ||||||
20 | incorporated town
that received the distributions.
| ||||||
21 | The Auditor General must conduct an audit of the Health | ||||||
22 | Facilities and Services Review Board pursuant to Section 19.5 | ||||||
23 | of the Illinois Health Facilities Planning
Act.
| ||||||
24 | The Auditor General must conduct an audit of the Chicago | ||||||
25 | Casino Development Authority pursuant to Section 1-60 of the | ||||||
26 | Chicago Casino Development Authority Act. |
| |||||||
| |||||||
1 | The Auditor General of the State of Illinois shall annually | ||||||
2 | conduct or
cause to be conducted a financial and compliance | ||||||
3 | audit of the books and records
of any county water commission | ||||||
4 | organized pursuant to the Water Commission Act
of 1985 and | ||||||
5 | shall file a copy of the report of that audit with the Governor | ||||||
6 | and
the Legislative Audit Commission. The filed audit shall be | ||||||
7 | open to the public
for inspection. The cost of the audit shall | ||||||
8 | be charged to the county water
commission in accordance with | ||||||
9 | Section 6z-27 of the State Finance Act. The
county water | ||||||
10 | commission shall make available to the Auditor General its | ||||||
11 | books
and records and any other documentation, whether in the | ||||||
12 | possession of its
trustees or other parties, necessary to | ||||||
13 | conduct the audit required. These
audit requirements apply only | ||||||
14 | through July 1, 2007.
| ||||||
15 | The Auditor General must conduct audits of the Rend Lake | ||||||
16 | Conservancy
District as provided in Section 25.5 of the River | ||||||
17 | Conservancy Districts Act.
| ||||||
18 | The Auditor General must conduct financial audits of the | ||||||
19 | Southeastern Illinois Economic Development Authority as | ||||||
20 | provided in Section 70 of the Southeastern Illinois Economic | ||||||
21 | Development Authority Act.
| ||||||
22 | The Auditor General shall conduct a compliance audit in | ||||||
23 | accordance with subsections (d) and (f) of Section 30 of the | ||||||
24 | Innovation Development and Economy Act. | ||||||
25 | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09; | ||||||
26 | 96-939, eff. 6-24-10.)
|
| |||||||
| |||||||
1 | Section 90-15. The State Finance Act is amended by adding | ||||||
2 | Sections 5.878, 5.879, 5.880, 5.881, 6z-102, and 6z-103 and by | ||||||
3 | changing Section 6z-45 as follows: | ||||||
4 | (30 ILCS 105/5.878 new) | ||||||
5 | Sec. 5.878. The Gaming Facilities Fee Revenue Fund. | ||||||
6 | (30 ILCS 105/5.879 new) | ||||||
7 | Sec. 5.879. The State Fairgrounds Capital Improvement | ||||||
8 | Fund. | ||||||
9 | (30 ILCS 105/5.880 new) | ||||||
10 | Sec. 5.880. The Depressed Communities Economic Development | ||||||
11 | Fund. | ||||||
12 | (30 ILCS 105/5.881 new) | ||||||
13 | Sec. 5.881. The Latino Community Economic Development | ||||||
14 | Fund.
| ||||||
15 | (30 ILCS 105/6z-45)
| ||||||
16 | Sec. 6z-45. The School Infrastructure Fund.
| ||||||
17 | (a) The School Infrastructure Fund is created as a special | ||||||
18 | fund
in the State Treasury.
| ||||||
19 | In addition to any other deposits authorized by law, | ||||||
20 | beginning January
1, 2000, on the first day of each month, or |
| |||||||
| |||||||
1 | as soon thereafter as may be
practical, the State Treasurer and | ||||||
2 | State Comptroller shall transfer the sum of
$5,000,000 from the | ||||||
3 | General Revenue Fund to the School Infrastructure Fund, except | ||||||
4 | that, notwithstanding any other provision of law, and in | ||||||
5 | addition to any other transfers that may be provided for by | ||||||
6 | law, before June 30, 2012, the Comptroller and the Treasurer | ||||||
7 | shall transfer $45,000,000 from the General Revenue Fund into | ||||||
8 | the School Infrastructure Fund, and, for fiscal year 2013 only, | ||||||
9 | the Treasurer and the Comptroller shall transfer $1,250,000 | ||||||
10 | from the General Revenue Fund to the School Infrastructure Fund | ||||||
11 | on the first day of each month;
provided, however, that no such | ||||||
12 | transfers shall be made from July 1, 2001
through June 30, | ||||||
13 | 2003.
| ||||||
14 | (b) Subject to the transfer provisions set forth below, | ||||||
15 | money in the
School Infrastructure Fund shall, if and when the | ||||||
16 | State of Illinois incurs
any bonded indebtedness for the | ||||||
17 | construction of school improvements under
the School | ||||||
18 | Construction Law, be set aside and used for the purpose of
| ||||||
19 | paying and discharging annually the principal and interest on | ||||||
20 | that bonded
indebtedness then due and payable, and for no other | ||||||
21 | purpose.
| ||||||
22 | In addition to other transfers to the General Obligation | ||||||
23 | Bond Retirement and
Interest Fund made pursuant to Section 15 | ||||||
24 | of the General Obligation Bond Act,
upon each delivery of bonds | ||||||
25 | issued for construction of school improvements
under the School | ||||||
26 | Construction Law, the State Comptroller shall
compute and |
| |||||||
| |||||||
1 | certify to the State Treasurer the total amount of principal | ||||||
2 | of,
interest on, and premium, if any, on such bonds during the | ||||||
3 | then current and
each succeeding fiscal year.
With respect to | ||||||
4 | the interest payable on variable rate bonds, such
| ||||||
5 | certifications shall be calculated at the maximum rate of | ||||||
6 | interest that
may be payable during the fiscal year, after | ||||||
7 | taking into account any credits
permitted in the related | ||||||
8 | indenture or other instrument against the amount of
such | ||||||
9 | interest required to be appropriated for that period.
| ||||||
10 | On or before the last day of each month, the State | ||||||
11 | Treasurer and State
Comptroller shall transfer from the School | ||||||
12 | Infrastructure Fund to the General
Obligation Bond Retirement | ||||||
13 | and Interest Fund an amount sufficient to pay the
aggregate of | ||||||
14 | the principal of, interest on, and premium, if any, on the | ||||||
15 | bonds
payable on their next payment date, divided by the number | ||||||
16 | of monthly transfers
occurring between the last previous | ||||||
17 | payment date (or the delivery date if no
payment date has yet | ||||||
18 | occurred) and the next succeeding payment date.
Interest | ||||||
19 | payable on variable rate bonds shall be calculated at the | ||||||
20 | maximum
rate of interest that may be payable for the relevant | ||||||
21 | period, after taking into
account any credits permitted in the | ||||||
22 | related indenture or other instrument
against the amount of | ||||||
23 | such interest required to be appropriated for that
period.
| ||||||
24 | Interest for which moneys have already been deposited into the | ||||||
25 | capitalized
interest account within the General Obligation | ||||||
26 | Bond Retirement and Interest
Fund shall not be included in the |
| |||||||
| |||||||
1 | calculation of the amounts to be transferred
under this | ||||||
2 | subsection.
| ||||||
3 | (b-5) The money deposited into the School Infrastructure | ||||||
4 | Fund from transfers pursuant to subsections (c-30) and (c-35) | ||||||
5 | of Section 13 of the Illinois Riverboat Gambling Act shall be | ||||||
6 | applied, without further direction, as provided in subsection | ||||||
7 | (b-3) of Section 5-35 of the School Construction Law. | ||||||
8 | (c) The surplus, if any, in the School Infrastructure Fund | ||||||
9 | after payments made pursuant to subsections (b) and (b-5) of | ||||||
10 | this Section shall, subject to appropriation, be used as | ||||||
11 | follows:
| ||||||
12 | First - to make 3 payments to the School Technology | ||||||
13 | Revolving Loan Fund as
follows:
| ||||||
14 | Transfer of $30,000,000 in fiscal year 1999;
| ||||||
15 | Transfer of $20,000,000 in fiscal year 2000; and
| ||||||
16 | Transfer of $10,000,000 in fiscal year 2001.
| ||||||
17 | Second - to pay the expenses of the State Board of | ||||||
18 | Education and the Capital
Development Board in administering | ||||||
19 | programs under the School Construction
Law, the total expenses | ||||||
20 | not to exceed $1,200,000 in any
fiscal year.
| ||||||
21 | Third - to pay any amounts due for grants for school | ||||||
22 | construction projects
and debt service under the School | ||||||
23 | Construction Law.
| ||||||
24 | Fourth - to pay any amounts due for grants for school | ||||||
25 | maintenance projects
under the School Construction Law.
| ||||||
26 | (Source: P.A. 97-732, eff. 6-30-12; 98-18, eff. 6-7-13.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/6z-102 new) | ||||||
2 | Sec. 6z-102. The Gaming Facilities Fee Revenue Fund. | ||||||
3 | (a) The Gaming Facilities Fee Revenue Fund is created as a | ||||||
4 | special fund in the State treasury. | ||||||
5 | (b) The revenues in the Fund shall be used, subject to | ||||||
6 | appropriation, by the Comptroller for the purpose of (i) | ||||||
7 | providing appropriations to the Illinois Gaming Board for the | ||||||
8 | administration and enforcement of the Illinois Gambling Act and | ||||||
9 | the applicable provisions of the Chicago Casino Development | ||||||
10 | Authority Act and (ii) payment of vouchers that are outstanding | ||||||
11 | for more than 60 days. Whenever practical, the Comptroller must | ||||||
12 | prioritize voucher payments for expenses related to medical | ||||||
13 | assistance under the Illinois Public Aid Code, the Children's | ||||||
14 | Health Insurance Program Act, the Covering ALL KIDS Health | ||||||
15 | Insurance Act, and the Senior Citizens and Disabled Persons | ||||||
16 | Property Tax Relief and Pharmaceutical Assistance Act. | ||||||
17 | (c) The Fund shall consist of fee revenues received | ||||||
18 | pursuant to subsection (e) of Section 1-45 of the Chicago | ||||||
19 | Casino Development Authority Act and pursuant to subsections | ||||||
20 | (e-10), (e-15), (e-25), and (h-5) of Section 7 and subsections | ||||||
21 | (b), (c), (d), and (k) of Section 7.7 of the Illinois Gambling | ||||||
22 | Act. All interest earned on moneys in the Fund shall be | ||||||
23 | deposited into the Fund. | ||||||
24 | (d) The Fund shall not be subject to administrative charges | ||||||
25 | or chargebacks, including, but not limited to, those authorized |
| |||||||
| |||||||
1 | under subsection (h) of Section 8 of this Act. | ||||||
2 | (30 ILCS 105/6z-103 new) | ||||||
3 | Sec. 6z-103. The State Fairgrounds Capital Improvement | ||||||
4 | Fund. There is created the State Fairgrounds
Capital | ||||||
5 | Improvement Fund, a special fund in the State treasury. Moneys | ||||||
6 | in the Fund may be used by the Department of Agriculture, | ||||||
7 | subject to appropriation, solely for
infrastructure | ||||||
8 | improvements to the Illinois State Fairgrounds in Sangamon | ||||||
9 | County, including, but not limited to, track surfaces (main | ||||||
10 | track and practice track), grandstands, audio and visual | ||||||
11 | systems, paddocks and barns and associated surface areas, | ||||||
12 | restroom facilities on the backstretch, and roadway surfaces | ||||||
13 | around the racing facility. In addition, no more than 5% of the | ||||||
14 | moneys annually transferred into the Fund may be used by the | ||||||
15 | Department for all costs associated with fire protection and | ||||||
16 | fire protection services for the Illinois State Fairgrounds. | ||||||
17 | The State Fairgrounds Capital Improvement Fund is not subject | ||||||
18 | to administrative chargebacks, including, but not limited to, | ||||||
19 | those authorized under Section 8h of the State Finance Act. | ||||||
20 | Section 90-20. The Illinois Income Tax Act is amended by | ||||||
21 | changing Sections 201, 303, 304 and 710 as follows: | ||||||
22 | (35 ILCS 5/201) (from Ch. 120, par. 2-201) | ||||||
23 | Sec. 201. Tax Imposed. |
| |||||||
| |||||||
1 | (a) In general. A tax measured by net income is hereby | ||||||
2 | imposed on every
individual, corporation, trust and estate for | ||||||
3 | each taxable year ending
after July 31, 1969 on the privilege | ||||||
4 | of earning or receiving income in or
as a resident of this | ||||||
5 | State. Such tax shall be in addition to all other
occupation or | ||||||
6 | privilege taxes imposed by this State or by any municipal
| ||||||
7 | corporation or political subdivision thereof. | ||||||
8 | (b) Rates. The tax imposed by subsection (a) of this | ||||||
9 | Section shall be
determined as follows, except as adjusted by | ||||||
10 | subsection (d-1): | ||||||
11 | (1) In the case of an individual, trust or estate, for | ||||||
12 | taxable years
ending prior to July 1, 1989, an amount equal | ||||||
13 | to 2 1/2% of the taxpayer's
net income for the taxable | ||||||
14 | year. | ||||||
15 | (2) In the case of an individual, trust or estate, for | ||||||
16 | taxable years
beginning prior to July 1, 1989 and ending | ||||||
17 | after June 30, 1989, an amount
equal to the sum of (i) 2 | ||||||
18 | 1/2% of the taxpayer's net income for the period
prior to | ||||||
19 | July 1, 1989, as calculated under Section 202.3, and (ii) | ||||||
20 | 3% of the
taxpayer's net income for the period after June | ||||||
21 | 30, 1989, as calculated
under Section 202.3. | ||||||
22 | (3) In the case of an individual, trust or estate, for | ||||||
23 | taxable years
beginning after June 30, 1989, and ending | ||||||
24 | prior to January 1, 2011, an amount equal to 3% of the | ||||||
25 | taxpayer's net
income for the taxable year. | ||||||
26 | (4) In the case of an individual, trust, or estate, for |
| |||||||
| |||||||
1 | taxable years beginning prior to January 1, 2011, and | ||||||
2 | ending after December 31, 2010, an amount equal to the sum | ||||||
3 | of (i) 3% of the taxpayer's net income for the period prior | ||||||
4 | to January 1, 2011, as calculated under Section 202.5, and | ||||||
5 | (ii) 5% of the taxpayer's net income for the period after | ||||||
6 | December 31, 2010, as calculated under Section 202.5. | ||||||
7 | (5) In the case of an individual, trust, or estate, for | ||||||
8 | taxable years beginning on or after January 1, 2011, and | ||||||
9 | ending prior to January 1, 2015, an amount equal to 5% of | ||||||
10 | the taxpayer's net income for the taxable year. | ||||||
11 | (5.1) In the case of an individual, trust, or estate, | ||||||
12 | for taxable years beginning prior to January 1, 2015, and | ||||||
13 | ending after December 31, 2014, an amount equal to the sum | ||||||
14 | of (i) 5% of the taxpayer's net income for the period prior | ||||||
15 | to January 1, 2015, as calculated under Section 202.5, and | ||||||
16 | (ii) 3.75% of the taxpayer's net income for the period | ||||||
17 | after December 31, 2014, as calculated under Section 202.5. | ||||||
18 | (5.2) In the case of an individual, trust, or estate, | ||||||
19 | for taxable years beginning on or after January 1, 2015, | ||||||
20 | and ending prior to January 1, 2025, an amount equal to | ||||||
21 | 3.75% of the taxpayer's net income for the taxable year. | ||||||
22 | (5.3) In the case of an individual, trust, or estate, | ||||||
23 | for taxable years beginning prior to January 1, 2025, and | ||||||
24 | ending after December 31, 2024, an amount equal to the sum | ||||||
25 | of (i) 3.75% of the taxpayer's net income for the period | ||||||
26 | prior to January 1, 2025, as calculated under Section |
| |||||||
| |||||||
1 | 202.5, and (ii) 3.25% of the taxpayer's net income for the | ||||||
2 | period after December 31, 2024, as calculated under Section | ||||||
3 | 202.5. | ||||||
4 | (5.4) In the case of an individual, trust, or estate, | ||||||
5 | for taxable years beginning on or after January 1, 2025, an | ||||||
6 | amount equal to 3.25% of the taxpayer's net income for the | ||||||
7 | taxable year. | ||||||
8 | (6) In the case of a corporation, for taxable years
| ||||||
9 | ending prior to July 1, 1989, an amount equal to 4% of the
| ||||||
10 | taxpayer's net income for the taxable year. | ||||||
11 | (7) In the case of a corporation, for taxable years | ||||||
12 | beginning prior to
July 1, 1989 and ending after June 30, | ||||||
13 | 1989, an amount equal to the sum of
(i) 4% of the | ||||||
14 | taxpayer's net income for the period prior to July 1, 1989,
| ||||||
15 | as calculated under Section 202.3, and (ii) 4.8% of the | ||||||
16 | taxpayer's net
income for the period after June 30, 1989, | ||||||
17 | as calculated under Section
202.3. | ||||||
18 | (8) In the case of a corporation, for taxable years | ||||||
19 | beginning after
June 30, 1989, and ending prior to January | ||||||
20 | 1, 2011, an amount equal to 4.8% of the taxpayer's net | ||||||
21 | income for the
taxable year. | ||||||
22 | (9) In the case of a corporation, for taxable years | ||||||
23 | beginning prior to January 1, 2011, and ending after | ||||||
24 | December 31, 2010, an amount equal to the sum of (i) 4.8% | ||||||
25 | of the taxpayer's net income for the period prior to | ||||||
26 | January 1, 2011, as calculated under Section 202.5, and |
| |||||||
| |||||||
1 | (ii) 7% of the taxpayer's net income for the period after | ||||||
2 | December 31, 2010, as calculated under Section 202.5. | ||||||
3 | (10) In the case of a corporation, for taxable years | ||||||
4 | beginning on or after January 1, 2011, and ending prior to | ||||||
5 | January 1, 2015, an amount equal to 7% of the taxpayer's | ||||||
6 | net income for the taxable year. | ||||||
7 | (11) In the case of a corporation, for taxable years | ||||||
8 | beginning prior to January 1, 2015, and ending after | ||||||
9 | December 31, 2014, an amount equal to the sum of (i) 7% of | ||||||
10 | the taxpayer's net income for the period prior to January | ||||||
11 | 1, 2015, as calculated under Section 202.5, and (ii) 5.25% | ||||||
12 | of the taxpayer's net income for the period after December | ||||||
13 | 31, 2014, as calculated under Section 202.5. | ||||||
14 | (12) In the case of a corporation, for taxable years | ||||||
15 | beginning on or after January 1, 2015, and ending prior to | ||||||
16 | January 1, 2025, an amount equal to 5.25% of the taxpayer's | ||||||
17 | net income for the taxable year. | ||||||
18 | (13) In the case of a corporation, for taxable years | ||||||
19 | beginning prior to January 1, 2025, and ending after | ||||||
20 | December 31, 2024, an amount equal to the sum of (i) 5.25% | ||||||
21 | of the taxpayer's net income for the period prior to | ||||||
22 | January 1, 2025, as calculated under Section 202.5, and | ||||||
23 | (ii) 4.8% of the taxpayer's net income for the period after | ||||||
24 | December 31, 2024, as calculated under Section 202.5. | ||||||
25 | (14) In the case of a corporation, for taxable years | ||||||
26 | beginning on or after January 1, 2025, an amount equal to |
| |||||||
| |||||||
1 | 4.8% of the taxpayer's net income for the taxable year. | ||||||
2 | The rates under this subsection (b) are subject to the | ||||||
3 | provisions of Section 201.5. | ||||||
4 | (b-5) Surcharge; sale or exchange of assets, properties, | ||||||
5 | and intangibles of electronic gaming licensees. For each of | ||||||
6 | taxable years 2017 through 2025, a surcharge is imposed on all | ||||||
7 | taxpayers on income arising from the sale or exchange of | ||||||
8 | capital assets, depreciable business property, real property | ||||||
9 | used in the trade or business, and Section 197 intangibles (i) | ||||||
10 | of an organization licensee under the Illinois Horse Racing Act | ||||||
11 | of 1975 and (ii) of an electronic gaming licensee under the | ||||||
12 | Illinois Gambling Act. The amount of the surcharge is equal to | ||||||
13 | the amount of federal income tax liability for the taxable year | ||||||
14 | attributable to those sales and exchanges. The surcharge | ||||||
15 | imposed shall not apply if: | ||||||
16 | (1) the electronic gaming license, organization | ||||||
17 | license, or race track property is transferred as a result | ||||||
18 | of any of the following: | ||||||
19 | (A) bankruptcy, a receivership, or a debt | ||||||
20 | adjustment initiated by or against the initial | ||||||
21 | licensee or the substantial owners of the initial | ||||||
22 | licensee; | ||||||
23 | (B) cancellation, revocation, or termination of | ||||||
24 | any such license by the Illinois Gaming Board or the | ||||||
25 | Illinois Racing Board; | ||||||
26 | (C) a determination by the Illinois Gaming Board |
| |||||||
| |||||||
1 | that transfer of the license is in the best interests | ||||||
2 | of Illinois gaming; | ||||||
3 | (D) the death of an owner of the equity interest in | ||||||
4 | a licensee; | ||||||
5 | (E) the acquisition of a controlling interest in | ||||||
6 | the stock or substantially all of the assets of a | ||||||
7 | publicly traded company; | ||||||
8 | (F) a transfer by a parent company to a wholly | ||||||
9 | owned subsidiary; or | ||||||
10 | (G) the transfer or sale to or by one person to | ||||||
11 | another person where both persons were initial owners | ||||||
12 | of the license when the license was issued; or | ||||||
13 | (2) the controlling interest in the electronic gaming | ||||||
14 | license, organization license, or race track property is | ||||||
15 | transferred in a transaction to lineal descendants in which | ||||||
16 | no gain or loss is recognized or as a result of a | ||||||
17 | transaction in accordance with Section 351 of the Internal | ||||||
18 | Revenue Code in which no gain or loss is recognized; or | ||||||
19 | (3) live horse racing was not conducted in 2011 under a | ||||||
20 | license issued pursuant to the Illinois Horse Racing Act of | ||||||
21 | 1975. | ||||||
22 | The transfer of an electronic gaming license, organization | ||||||
23 | license, or race track property by a person other than the | ||||||
24 | initial licensee to receive the electronic gaming license is | ||||||
25 | not subject to a surcharge. The Department shall adopt rules | ||||||
26 | necessary to implement and administer this subsection. |
| |||||||
| |||||||
1 | (c) Personal Property Tax Replacement Income Tax.
| ||||||
2 | Beginning on July 1, 1979 and thereafter, in addition to such | ||||||
3 | income
tax, there is also hereby imposed the Personal Property | ||||||
4 | Tax Replacement
Income Tax measured by net income on every | ||||||
5 | corporation (including Subchapter
S corporations), partnership | ||||||
6 | and trust, for each taxable year ending after
June 30, 1979. | ||||||
7 | Such taxes are imposed on the privilege of earning or
receiving | ||||||
8 | income in or as a resident of this State. The Personal Property
| ||||||
9 | Tax Replacement Income Tax shall be in addition to the income | ||||||
10 | tax imposed
by subsections (a) and (b) of this Section and in | ||||||
11 | addition to all other
occupation or privilege taxes imposed by | ||||||
12 | this State or by any municipal
corporation or political | ||||||
13 | subdivision thereof. | ||||||
14 | (d) Additional Personal Property Tax Replacement Income | ||||||
15 | Tax Rates.
The personal property tax replacement income tax | ||||||
16 | imposed by this subsection
and subsection (c) of this Section | ||||||
17 | in the case of a corporation, other
than a Subchapter S | ||||||
18 | corporation and except as adjusted by subsection (d-1),
shall | ||||||
19 | be an additional amount equal to
2.85% of such taxpayer's net | ||||||
20 | income for the taxable year, except that
beginning on January | ||||||
21 | 1, 1981, and thereafter, the rate of 2.85% specified
in this | ||||||
22 | subsection shall be reduced to 2.5%, and in the case of a
| ||||||
23 | partnership, trust or a Subchapter S corporation shall be an | ||||||
24 | additional
amount equal to 1.5% of such taxpayer's net income | ||||||
25 | for the taxable year. | ||||||
26 | (d-1) Rate reduction for certain foreign insurers. In the |
| |||||||
| |||||||
1 | case of a
foreign insurer, as defined by Section 35A-5 of the | ||||||
2 | Illinois Insurance Code,
whose state or country of domicile | ||||||
3 | imposes on insurers domiciled in Illinois
a retaliatory tax | ||||||
4 | (excluding any insurer
whose premiums from reinsurance assumed | ||||||
5 | are 50% or more of its total insurance
premiums as determined | ||||||
6 | under paragraph (2) of subsection (b) of Section 304,
except | ||||||
7 | that for purposes of this determination premiums from | ||||||
8 | reinsurance do
not include premiums from inter-affiliate | ||||||
9 | reinsurance arrangements),
beginning with taxable years ending | ||||||
10 | on or after December 31, 1999,
the sum of
the rates of tax | ||||||
11 | imposed by subsections (b) and (d) shall be reduced (but not
| ||||||
12 | increased) to the rate at which the total amount of tax imposed | ||||||
13 | under this Act,
net of all credits allowed under this Act, | ||||||
14 | shall equal (i) the total amount of
tax that would be imposed | ||||||
15 | on the foreign insurer's net income allocable to
Illinois for | ||||||
16 | the taxable year by such foreign insurer's state or country of
| ||||||
17 | domicile if that net income were subject to all income taxes | ||||||
18 | and taxes
measured by net income imposed by such foreign | ||||||
19 | insurer's state or country of
domicile, net of all credits | ||||||
20 | allowed or (ii) a rate of zero if no such tax is
imposed on such | ||||||
21 | income by the foreign insurer's state of domicile.
For the | ||||||
22 | purposes of this subsection (d-1), an inter-affiliate includes | ||||||
23 | a
mutual insurer under common management. | ||||||
24 | (1) For the purposes of subsection (d-1), in no event | ||||||
25 | shall the sum of the
rates of tax imposed by subsections | ||||||
26 | (b) and (d) be reduced below the rate at
which the sum of: |
| |||||||
| |||||||
1 | (A) the total amount of tax imposed on such foreign | ||||||
2 | insurer under
this Act for a taxable year, net of all | ||||||
3 | credits allowed under this Act, plus | ||||||
4 | (B) the privilege tax imposed by Section 409 of the | ||||||
5 | Illinois Insurance
Code, the fire insurance company | ||||||
6 | tax imposed by Section 12 of the Fire
Investigation | ||||||
7 | Act, and the fire department taxes imposed under | ||||||
8 | Section 11-10-1
of the Illinois Municipal Code, | ||||||
9 | equals 1.25% for taxable years ending prior to December 31, | ||||||
10 | 2003, or
1.75% for taxable years ending on or after | ||||||
11 | December 31, 2003, of the net
taxable premiums written for | ||||||
12 | the taxable year,
as described by subsection (1) of Section | ||||||
13 | 409 of the Illinois Insurance Code.
This paragraph will in | ||||||
14 | no event increase the rates imposed under subsections
(b) | ||||||
15 | and (d). | ||||||
16 | (2) Any reduction in the rates of tax imposed by this | ||||||
17 | subsection shall be
applied first against the rates imposed | ||||||
18 | by subsection (b) and only after the
tax imposed by | ||||||
19 | subsection (a) net of all credits allowed under this | ||||||
20 | Section
other than the credit allowed under subsection (i) | ||||||
21 | has been reduced to zero,
against the rates imposed by | ||||||
22 | subsection (d). | ||||||
23 | This subsection (d-1) is exempt from the provisions of | ||||||
24 | Section 250. | ||||||
25 | (e) Investment credit. A taxpayer shall be allowed a credit
| ||||||
26 | against the Personal Property Tax Replacement Income Tax for
|
| |||||||
| |||||||
1 | investment in qualified property. | ||||||
2 | (1) A taxpayer shall be allowed a credit equal to .5% | ||||||
3 | of
the basis of qualified property placed in service during | ||||||
4 | the taxable year,
provided such property is placed in | ||||||
5 | service on or after
July 1, 1984. There shall be allowed an | ||||||
6 | additional credit equal
to .5% of the basis of qualified | ||||||
7 | property placed in service during the
taxable year, | ||||||
8 | provided such property is placed in service on or
after | ||||||
9 | July 1, 1986, and the taxpayer's base employment
within | ||||||
10 | Illinois has increased by 1% or more over the preceding | ||||||
11 | year as
determined by the taxpayer's employment records | ||||||
12 | filed with the
Illinois Department of Employment Security. | ||||||
13 | Taxpayers who are new to
Illinois shall be deemed to have | ||||||
14 | met the 1% growth in base employment for
the first year in | ||||||
15 | which they file employment records with the Illinois
| ||||||
16 | Department of Employment Security. The provisions added to | ||||||
17 | this Section by
Public Act 85-1200 (and restored by Public | ||||||
18 | Act 87-895) shall be
construed as declaratory of existing | ||||||
19 | law and not as a new enactment. If,
in any year, the | ||||||
20 | increase in base employment within Illinois over the
| ||||||
21 | preceding year is less than 1%, the additional credit shall | ||||||
22 | be limited to that
percentage times a fraction, the | ||||||
23 | numerator of which is .5% and the denominator
of which is | ||||||
24 | 1%, but shall not exceed .5%. The investment credit shall | ||||||
25 | not be
allowed to the extent that it would reduce a | ||||||
26 | taxpayer's liability in any tax
year below zero, nor may |
| |||||||
| |||||||
1 | any credit for qualified property be allowed for any
year | ||||||
2 | other than the year in which the property was placed in | ||||||
3 | service in
Illinois. For tax years ending on or after | ||||||
4 | December 31, 1987, and on or
before December 31, 1988, the | ||||||
5 | credit shall be allowed for the tax year in
which the | ||||||
6 | property is placed in service, or, if the amount of the | ||||||
7 | credit
exceeds the tax liability for that year, whether it | ||||||
8 | exceeds the original
liability or the liability as later | ||||||
9 | amended, such excess may be carried
forward and applied to | ||||||
10 | the tax liability of the 5 taxable years following
the | ||||||
11 | excess credit years if the taxpayer (i) makes investments | ||||||
12 | which cause
the creation of a minimum of 2,000 full-time | ||||||
13 | equivalent jobs in Illinois,
(ii) is located in an | ||||||
14 | enterprise zone established pursuant to the Illinois
| ||||||
15 | Enterprise Zone Act and (iii) is certified by the | ||||||
16 | Department of Commerce
and Community Affairs (now | ||||||
17 | Department of Commerce and Economic Opportunity) as | ||||||
18 | complying with the requirements specified in
clause (i) and | ||||||
19 | (ii) by July 1, 1986. The Department of Commerce and
| ||||||
20 | Community Affairs (now Department of Commerce and Economic | ||||||
21 | Opportunity) shall notify the Department of Revenue of all | ||||||
22 | such
certifications immediately. For tax years ending | ||||||
23 | after December 31, 1988,
the credit shall be allowed for | ||||||
24 | the tax year in which the property is
placed in service, | ||||||
25 | or, if the amount of the credit exceeds the tax
liability | ||||||
26 | for that year, whether it exceeds the original liability or |
| |||||||
| |||||||
1 | the
liability as later amended, such excess may be carried | ||||||
2 | forward and applied
to the tax liability of the 5 taxable | ||||||
3 | years following the excess credit
years. The credit shall | ||||||
4 | be applied to the earliest year for which there is
a | ||||||
5 | liability. If there is credit from more than one tax year | ||||||
6 | that is
available to offset a liability, earlier credit | ||||||
7 | shall be applied first. | ||||||
8 | (2) The term "qualified property" means property | ||||||
9 | which: | ||||||
10 | (A) is tangible, whether new or used, including | ||||||
11 | buildings and structural
components of buildings and | ||||||
12 | signs that are real property, but not including
land or | ||||||
13 | improvements to real property that are not a structural | ||||||
14 | component of a
building such as landscaping, sewer | ||||||
15 | lines, local access roads, fencing, parking
lots, and | ||||||
16 | other appurtenances; | ||||||
17 | (B) is depreciable pursuant to Section 167 of the | ||||||
18 | Internal Revenue Code,
except that "3-year property" | ||||||
19 | as defined in Section 168(c)(2)(A) of that
Code is not | ||||||
20 | eligible for the credit provided by this subsection | ||||||
21 | (e); | ||||||
22 | (C) is acquired by purchase as defined in Section | ||||||
23 | 179(d) of
the Internal Revenue Code; | ||||||
24 | (D) is used in Illinois by a taxpayer who is | ||||||
25 | primarily engaged in
manufacturing, or in mining coal | ||||||
26 | or fluorite, or in retailing, or was placed in service |
| |||||||
| |||||||
1 | on or after July 1, 2006 in a River Edge Redevelopment | ||||||
2 | Zone established pursuant to the River Edge | ||||||
3 | Redevelopment Zone Act; and | ||||||
4 | (E) has not previously been used in Illinois in | ||||||
5 | such a manner and by
such a person as would qualify for | ||||||
6 | the credit provided by this subsection
(e) or | ||||||
7 | subsection (f). | ||||||
8 | (3) For purposes of this subsection (e), | ||||||
9 | "manufacturing" means
the material staging and production | ||||||
10 | of tangible personal property by
procedures commonly | ||||||
11 | regarded as manufacturing, processing, fabrication, or
| ||||||
12 | assembling which changes some existing material into new | ||||||
13 | shapes, new
qualities, or new combinations. For purposes of | ||||||
14 | this subsection
(e) the term "mining" shall have the same | ||||||
15 | meaning as the term "mining" in
Section 613(c) of the | ||||||
16 | Internal Revenue Code. For purposes of this subsection
(e), | ||||||
17 | the term "retailing" means the sale of tangible personal | ||||||
18 | property for use or consumption and not for resale, or
| ||||||
19 | services rendered in conjunction with the sale of tangible | ||||||
20 | personal property for use or consumption and not for | ||||||
21 | resale. For purposes of this subsection (e), "tangible | ||||||
22 | personal property" has the same meaning as when that term | ||||||
23 | is used in the Retailers' Occupation Tax Act, and, for | ||||||
24 | taxable years ending after December 31, 2008, does not | ||||||
25 | include the generation, transmission, or distribution of | ||||||
26 | electricity. |
| |||||||
| |||||||
1 | (4) The basis of qualified property shall be the basis
| ||||||
2 | used to compute the depreciation deduction for federal | ||||||
3 | income tax purposes. | ||||||
4 | (5) If the basis of the property for federal income tax | ||||||
5 | depreciation
purposes is increased after it has been placed | ||||||
6 | in service in Illinois by
the taxpayer, the amount of such | ||||||
7 | increase shall be deemed property placed
in service on the | ||||||
8 | date of such increase in basis. | ||||||
9 | (6) The term "placed in service" shall have the same
| ||||||
10 | meaning as under Section 46 of the Internal Revenue Code. | ||||||
11 | (7) If during any taxable year, any property ceases to
| ||||||
12 | be qualified property in the hands of the taxpayer within | ||||||
13 | 48 months after
being placed in service, or the situs of | ||||||
14 | any qualified property is
moved outside Illinois within 48 | ||||||
15 | months after being placed in service, the
Personal Property | ||||||
16 | Tax Replacement Income Tax for such taxable year shall be
| ||||||
17 | increased. Such increase shall be determined by (i) | ||||||
18 | recomputing the
investment credit which would have been | ||||||
19 | allowed for the year in which
credit for such property was | ||||||
20 | originally allowed by eliminating such
property from such | ||||||
21 | computation and, (ii) subtracting such recomputed credit
| ||||||
22 | from the amount of credit previously allowed. For the | ||||||
23 | purposes of this
paragraph (7), a reduction of the basis of | ||||||
24 | qualified property resulting
from a redetermination of the | ||||||
25 | purchase price shall be deemed a disposition
of qualified | ||||||
26 | property to the extent of such reduction. |
| |||||||
| |||||||
1 | (8) Unless the investment credit is extended by law, | ||||||
2 | the
basis of qualified property shall not include costs | ||||||
3 | incurred after
December 31, 2018, except for costs incurred | ||||||
4 | pursuant to a binding
contract entered into on or before | ||||||
5 | December 31, 2018. | ||||||
6 | (9) Each taxable year ending before December 31, 2000, | ||||||
7 | a partnership may
elect to pass through to its
partners the | ||||||
8 | credits to which the partnership is entitled under this | ||||||
9 | subsection
(e) for the taxable year. A partner may use the | ||||||
10 | credit allocated to him or her
under this paragraph only | ||||||
11 | against the tax imposed in subsections (c) and (d) of
this | ||||||
12 | Section. If the partnership makes that election, those | ||||||
13 | credits shall be
allocated among the partners in the | ||||||
14 | partnership in accordance with the rules
set forth in | ||||||
15 | Section 704(b) of the Internal Revenue Code, and the rules
| ||||||
16 | promulgated under that Section, and the allocated amount of | ||||||
17 | the credits shall
be allowed to the partners for that | ||||||
18 | taxable year. The partnership shall make
this election on | ||||||
19 | its Personal Property Tax Replacement Income Tax return for
| ||||||
20 | that taxable year. The election to pass through the credits | ||||||
21 | shall be
irrevocable. | ||||||
22 | For taxable years ending on or after December 31, 2000, | ||||||
23 | a
partner that qualifies its
partnership for a subtraction | ||||||
24 | under subparagraph (I) of paragraph (2) of
subsection (d) | ||||||
25 | of Section 203 or a shareholder that qualifies a Subchapter | ||||||
26 | S
corporation for a subtraction under subparagraph (S) of |
| |||||||
| |||||||
1 | paragraph (2) of
subsection (b) of Section 203 shall be | ||||||
2 | allowed a credit under this subsection
(e) equal to its | ||||||
3 | share of the credit earned under this subsection (e) during
| ||||||
4 | the taxable year by the partnership or Subchapter S | ||||||
5 | corporation, determined in
accordance with the | ||||||
6 | determination of income and distributive share of
income | ||||||
7 | under Sections 702 and 704 and Subchapter S of the Internal | ||||||
8 | Revenue
Code. This paragraph is exempt from the provisions | ||||||
9 | of Section 250. | ||||||
10 | (f) Investment credit; Enterprise Zone; River Edge | ||||||
11 | Redevelopment Zone. | ||||||
12 | (1) A taxpayer shall be allowed a credit against the | ||||||
13 | tax imposed
by subsections (a) and (b) of this Section for | ||||||
14 | investment in qualified
property which is placed in service | ||||||
15 | in an Enterprise Zone created
pursuant to the Illinois | ||||||
16 | Enterprise Zone Act or, for property placed in service on | ||||||
17 | or after July 1, 2006, a River Edge Redevelopment Zone | ||||||
18 | established pursuant to the River Edge Redevelopment Zone | ||||||
19 | Act. For partners, shareholders
of Subchapter S | ||||||
20 | corporations, and owners of limited liability companies,
| ||||||
21 | if the liability company is treated as a partnership for | ||||||
22 | purposes of
federal and State income taxation, there shall | ||||||
23 | be allowed a credit under
this subsection (f) to be | ||||||
24 | determined in accordance with the determination
of income | ||||||
25 | and distributive share of income under Sections 702 and 704 | ||||||
26 | and
Subchapter S of the Internal Revenue Code. The credit |
| |||||||
| |||||||
1 | shall be .5% of the
basis for such property. The credit | ||||||
2 | shall be available only in the taxable
year in which the | ||||||
3 | property is placed in service in the Enterprise Zone or | ||||||
4 | River Edge Redevelopment Zone and
shall not be allowed to | ||||||
5 | the extent that it would reduce a taxpayer's
liability for | ||||||
6 | the tax imposed by subsections (a) and (b) of this Section | ||||||
7 | to
below zero. For tax years ending on or after December | ||||||
8 | 31, 1985, the credit
shall be allowed for the tax year in | ||||||
9 | which the property is placed in
service, or, if the amount | ||||||
10 | of the credit exceeds the tax liability for that
year, | ||||||
11 | whether it exceeds the original liability or the liability | ||||||
12 | as later
amended, such excess may be carried forward and | ||||||
13 | applied to the tax
liability of the 5 taxable years | ||||||
14 | following the excess credit year.
The credit shall be | ||||||
15 | applied to the earliest year for which there is a
| ||||||
16 | liability. If there is credit from more than one tax year | ||||||
17 | that is available
to offset a liability, the credit | ||||||
18 | accruing first in time shall be applied
first. | ||||||
19 | (2) The term qualified property means property which: | ||||||
20 | (A) is tangible, whether new or used, including | ||||||
21 | buildings and
structural components of buildings; | ||||||
22 | (B) is depreciable pursuant to Section 167 of the | ||||||
23 | Internal Revenue
Code, except that "3-year property" | ||||||
24 | as defined in Section 168(c)(2)(A) of
that Code is not | ||||||
25 | eligible for the credit provided by this subsection | ||||||
26 | (f); |
| |||||||
| |||||||
1 | (C) is acquired by purchase as defined in Section | ||||||
2 | 179(d) of
the Internal Revenue Code; | ||||||
3 | (D) is used in the Enterprise Zone or River Edge | ||||||
4 | Redevelopment Zone by the taxpayer; and | ||||||
5 | (E) has not been previously used in Illinois in | ||||||
6 | such a manner and by
such a person as would qualify for | ||||||
7 | the credit provided by this subsection
(f) or | ||||||
8 | subsection (e). | ||||||
9 | (3) The basis of qualified property shall be the basis | ||||||
10 | used to compute
the depreciation deduction for federal | ||||||
11 | income tax purposes. | ||||||
12 | (4) If the basis of the property for federal income tax | ||||||
13 | depreciation
purposes is increased after it has been placed | ||||||
14 | in service in the Enterprise
Zone or River Edge | ||||||
15 | Redevelopment Zone by the taxpayer, the amount of such | ||||||
16 | increase shall be deemed property
placed in service on the | ||||||
17 | date of such increase in basis. | ||||||
18 | (5) The term "placed in service" shall have the same | ||||||
19 | meaning as under
Section 46 of the Internal Revenue Code. | ||||||
20 | (6) If during any taxable year, any property ceases to | ||||||
21 | be qualified
property in the hands of the taxpayer within | ||||||
22 | 48 months after being placed
in service, or the situs of | ||||||
23 | any qualified property is moved outside the
Enterprise Zone | ||||||
24 | or River Edge Redevelopment Zone within 48 months after | ||||||
25 | being placed in service, the tax
imposed under subsections | ||||||
26 | (a) and (b) of this Section for such taxable year
shall be |
| |||||||
| |||||||
1 | increased. Such increase shall be determined by (i) | ||||||
2 | recomputing
the investment credit which would have been | ||||||
3 | allowed for the year in which
credit for such property was | ||||||
4 | originally allowed by eliminating such
property from such | ||||||
5 | computation, and (ii) subtracting such recomputed credit
| ||||||
6 | from the amount of credit previously allowed. For the | ||||||
7 | purposes of this
paragraph (6), a reduction of the basis of | ||||||
8 | qualified property resulting
from a redetermination of the | ||||||
9 | purchase price shall be deemed a disposition
of qualified | ||||||
10 | property to the extent of such reduction. | ||||||
11 | (7) There shall be allowed an additional credit equal | ||||||
12 | to 0.5% of the basis of qualified property placed in | ||||||
13 | service during the taxable year in a River Edge | ||||||
14 | Redevelopment Zone, provided such property is placed in | ||||||
15 | service on or after July 1, 2006, and the taxpayer's base | ||||||
16 | employment within Illinois has increased by 1% or more over | ||||||
17 | the preceding year as determined by the taxpayer's | ||||||
18 | employment records filed with the Illinois Department of | ||||||
19 | Employment Security. Taxpayers who are new to Illinois | ||||||
20 | shall be deemed to have met the 1% growth in base | ||||||
21 | employment for the first year in which they file employment | ||||||
22 | records with the Illinois Department of Employment | ||||||
23 | Security. If, in any year, the increase in base employment | ||||||
24 | within Illinois over the preceding year is less than 1%, | ||||||
25 | the additional credit shall be limited to that percentage | ||||||
26 | times a fraction, the numerator of which is 0.5% and the |
| |||||||
| |||||||
1 | denominator of which is 1%, but shall not exceed 0.5%.
| ||||||
2 | (g) (Blank). | ||||||
3 | (h) Investment credit; High Impact Business. | ||||||
4 | (1) Subject to subsections (b) and (b-5) of Section
5.5 | ||||||
5 | of the Illinois Enterprise Zone Act, a taxpayer shall be | ||||||
6 | allowed a credit
against the tax imposed by subsections (a) | ||||||
7 | and (b) of this Section for
investment in qualified
| ||||||
8 | property which is placed in service by a Department of | ||||||
9 | Commerce and Economic Opportunity
designated High Impact | ||||||
10 | Business. The credit shall be .5% of the basis
for such | ||||||
11 | property. The credit shall not be available (i) until the | ||||||
12 | minimum
investments in qualified property set forth in | ||||||
13 | subdivision (a)(3)(A) of
Section 5.5 of the Illinois
| ||||||
14 | Enterprise Zone Act have been satisfied
or (ii) until the | ||||||
15 | time authorized in subsection (b-5) of the Illinois
| ||||||
16 | Enterprise Zone Act for entities designated as High Impact | ||||||
17 | Businesses under
subdivisions (a)(3)(B), (a)(3)(C), and | ||||||
18 | (a)(3)(D) of Section 5.5 of the Illinois
Enterprise Zone | ||||||
19 | Act, and shall not be allowed to the extent that it would
| ||||||
20 | reduce a taxpayer's liability for the tax imposed by | ||||||
21 | subsections (a) and (b) of
this Section to below zero. The | ||||||
22 | credit applicable to such investments shall be
taken in the | ||||||
23 | taxable year in which such investments have been completed. | ||||||
24 | The
credit for additional investments beyond the minimum | ||||||
25 | investment by a designated
high impact business authorized | ||||||
26 | under subdivision (a)(3)(A) of Section 5.5 of
the Illinois |
| |||||||
| |||||||
1 | Enterprise Zone Act shall be available only in the taxable | ||||||
2 | year in
which the property is placed in service and shall | ||||||
3 | not be allowed to the extent
that it would reduce a | ||||||
4 | taxpayer's liability for the tax imposed by subsections
(a) | ||||||
5 | and (b) of this Section to below zero.
For tax years ending | ||||||
6 | on or after December 31, 1987, the credit shall be
allowed | ||||||
7 | for the tax year in which the property is placed in | ||||||
8 | service, or, if
the amount of the credit exceeds the tax | ||||||
9 | liability for that year, whether
it exceeds the original | ||||||
10 | liability or the liability as later amended, such
excess | ||||||
11 | may be carried forward and applied to the tax liability of | ||||||
12 | the 5
taxable years following the excess credit year. The | ||||||
13 | credit shall be
applied to the earliest year for which | ||||||
14 | there is a liability. If there is
credit from more than one | ||||||
15 | tax year that is available to offset a liability,
the | ||||||
16 | credit accruing first in time shall be applied first. | ||||||
17 | Changes made in this subdivision (h)(1) by Public Act | ||||||
18 | 88-670
restore changes made by Public Act 85-1182 and | ||||||
19 | reflect existing law. | ||||||
20 | (2) The term qualified property means property which: | ||||||
21 | (A) is tangible, whether new or used, including | ||||||
22 | buildings and
structural components of buildings; | ||||||
23 | (B) is depreciable pursuant to Section 167 of the | ||||||
24 | Internal Revenue
Code, except that "3-year property" | ||||||
25 | as defined in Section 168(c)(2)(A) of
that Code is not | ||||||
26 | eligible for the credit provided by this subsection |
| |||||||
| |||||||
1 | (h); | ||||||
2 | (C) is acquired by purchase as defined in Section | ||||||
3 | 179(d) of the
Internal Revenue Code; and | ||||||
4 | (D) is not eligible for the Enterprise Zone | ||||||
5 | Investment Credit provided
by subsection (f) of this | ||||||
6 | Section. | ||||||
7 | (3) The basis of qualified property shall be the basis | ||||||
8 | used to compute
the depreciation deduction for federal | ||||||
9 | income tax purposes. | ||||||
10 | (4) If the basis of the property for federal income tax | ||||||
11 | depreciation
purposes is increased after it has been placed | ||||||
12 | in service in a federally
designated Foreign Trade Zone or | ||||||
13 | Sub-Zone located in Illinois by the taxpayer,
the amount of | ||||||
14 | such increase shall be deemed property placed in service on
| ||||||
15 | the date of such increase in basis. | ||||||
16 | (5) The term "placed in service" shall have the same | ||||||
17 | meaning as under
Section 46 of the Internal Revenue Code. | ||||||
18 | (6) If during any taxable year ending on or before | ||||||
19 | December 31, 1996,
any property ceases to be qualified
| ||||||
20 | property in the hands of the taxpayer within 48 months | ||||||
21 | after being placed
in service, or the situs of any | ||||||
22 | qualified property is moved outside
Illinois within 48 | ||||||
23 | months after being placed in service, the tax imposed
under | ||||||
24 | subsections (a) and (b) of this Section for such taxable | ||||||
25 | year shall
be increased. Such increase shall be determined | ||||||
26 | by (i) recomputing the
investment credit which would have |
| |||||||
| |||||||
1 | been allowed for the year in which
credit for such property | ||||||
2 | was originally allowed by eliminating such
property from | ||||||
3 | such computation, and (ii) subtracting such recomputed | ||||||
4 | credit
from the amount of credit previously allowed. For | ||||||
5 | the purposes of this
paragraph (6), a reduction of the | ||||||
6 | basis of qualified property resulting
from a | ||||||
7 | redetermination of the purchase price shall be deemed a | ||||||
8 | disposition
of qualified property to the extent of such | ||||||
9 | reduction. | ||||||
10 | (7) Beginning with tax years ending after December 31, | ||||||
11 | 1996, if a
taxpayer qualifies for the credit under this | ||||||
12 | subsection (h) and thereby is
granted a tax abatement and | ||||||
13 | the taxpayer relocates its entire facility in
violation of | ||||||
14 | the explicit terms and length of the contract under Section
| ||||||
15 | 18-183 of the Property Tax Code, the tax imposed under | ||||||
16 | subsections
(a) and (b) of this Section shall be increased | ||||||
17 | for the taxable year
in which the taxpayer relocated its | ||||||
18 | facility by an amount equal to the
amount of credit | ||||||
19 | received by the taxpayer under this subsection (h). | ||||||
20 | (i) Credit for Personal Property Tax Replacement Income | ||||||
21 | Tax.
For tax years ending prior to December 31, 2003, a credit | ||||||
22 | shall be allowed
against the tax imposed by
subsections (a) and | ||||||
23 | (b) of this Section for the tax imposed by subsections (c)
and | ||||||
24 | (d) of this Section. This credit shall be computed by | ||||||
25 | multiplying the tax
imposed by subsections (c) and (d) of this | ||||||
26 | Section by a fraction, the numerator
of which is base income |
| |||||||
| |||||||
1 | allocable to Illinois and the denominator of which is
Illinois | ||||||
2 | base income, and further multiplying the product by the tax | ||||||
3 | rate
imposed by subsections (a) and (b) of this Section. | ||||||
4 | Any credit earned on or after December 31, 1986 under
this | ||||||
5 | subsection which is unused in the year
the credit is computed | ||||||
6 | because it exceeds the tax liability imposed by
subsections (a) | ||||||
7 | and (b) for that year (whether it exceeds the original
| ||||||
8 | liability or the liability as later amended) may be carried | ||||||
9 | forward and
applied to the tax liability imposed by subsections | ||||||
10 | (a) and (b) of the 5
taxable years following the excess credit | ||||||
11 | year, provided that no credit may
be carried forward to any | ||||||
12 | year ending on or
after December 31, 2003. This credit shall be
| ||||||
13 | applied first to the earliest year for which there is a | ||||||
14 | liability. If
there is a credit under this subsection from more | ||||||
15 | than one tax year that is
available to offset a liability the | ||||||
16 | earliest credit arising under this
subsection shall be applied | ||||||
17 | first. | ||||||
18 | If, during any taxable year ending on or after December 31, | ||||||
19 | 1986, the
tax imposed by subsections (c) and (d) of this | ||||||
20 | Section for which a taxpayer
has claimed a credit under this | ||||||
21 | subsection (i) is reduced, the amount of
credit for such tax | ||||||
22 | shall also be reduced. Such reduction shall be
determined by | ||||||
23 | recomputing the credit to take into account the reduced tax
| ||||||
24 | imposed by subsections (c) and (d). If any portion of the
| ||||||
25 | reduced amount of credit has been carried to a different | ||||||
26 | taxable year, an
amended return shall be filed for such taxable |
| |||||||
| |||||||
1 | year to reduce the amount of
credit claimed. | ||||||
2 | (j) Training expense credit. Beginning with tax years | ||||||
3 | ending on or
after December 31, 1986 and prior to December 31, | ||||||
4 | 2003, a taxpayer shall be
allowed a credit against the
tax | ||||||
5 | imposed by subsections (a) and (b) under this Section
for all | ||||||
6 | amounts paid or accrued, on behalf of all persons
employed by | ||||||
7 | the taxpayer in Illinois or Illinois residents employed
outside | ||||||
8 | of Illinois by a taxpayer, for educational or vocational | ||||||
9 | training in
semi-technical or technical fields or semi-skilled | ||||||
10 | or skilled fields, which
were deducted from gross income in the | ||||||
11 | computation of taxable income. The
credit against the tax | ||||||
12 | imposed by subsections (a) and (b) shall be 1.6% of
such | ||||||
13 | training expenses. For partners, shareholders of subchapter S
| ||||||
14 | corporations, and owners of limited liability companies, if the | ||||||
15 | liability
company is treated as a partnership for purposes of | ||||||
16 | federal and State income
taxation, there shall be allowed a | ||||||
17 | credit under this subsection (j) to be
determined in accordance | ||||||
18 | with the determination of income and distributive
share of | ||||||
19 | income under Sections 702 and 704 and subchapter S of the | ||||||
20 | Internal
Revenue Code. | ||||||
21 | Any credit allowed under this subsection which is unused in | ||||||
22 | the year
the credit is earned may be carried forward to each of | ||||||
23 | the 5 taxable
years following the year for which the credit is | ||||||
24 | first computed until it is
used. This credit shall be applied | ||||||
25 | first to the earliest year for which
there is a liability. If | ||||||
26 | there is a credit under this subsection from more
than one tax |
| |||||||
| |||||||
1 | year that is available to offset a liability the earliest
| ||||||
2 | credit arising under this subsection shall be applied first. No | ||||||
3 | carryforward
credit may be claimed in any tax year ending on or | ||||||
4 | after
December 31, 2003. | ||||||
5 | (k) Research and development credit. For tax years ending | ||||||
6 | after July 1, 1990 and prior to
December 31, 2003, and | ||||||
7 | beginning again for tax years ending on or after December 31, | ||||||
8 | 2004, and ending prior to January 1, 2016, a taxpayer shall be
| ||||||
9 | allowed a credit against the tax imposed by subsections (a) and | ||||||
10 | (b) of this
Section for increasing research activities in this | ||||||
11 | State. The credit
allowed against the tax imposed by | ||||||
12 | subsections (a) and (b) shall be equal
to 6 1/2% of the | ||||||
13 | qualifying expenditures for increasing research activities
in | ||||||
14 | this State. For partners, shareholders of subchapter S | ||||||
15 | corporations, and
owners of limited liability companies, if the | ||||||
16 | liability company is treated as a
partnership for purposes of | ||||||
17 | federal and State income taxation, there shall be
allowed a | ||||||
18 | credit under this subsection to be determined in accordance | ||||||
19 | with the
determination of income and distributive share of | ||||||
20 | income under Sections 702 and
704 and subchapter S of the | ||||||
21 | Internal Revenue Code. | ||||||
22 | For purposes of this subsection, "qualifying expenditures" | ||||||
23 | means the
qualifying expenditures as defined for the federal | ||||||
24 | credit for increasing
research activities which would be | ||||||
25 | allowable under Section 41 of the
Internal Revenue Code and | ||||||
26 | which are conducted in this State, "qualifying
expenditures for |
| |||||||
| |||||||
1 | increasing research activities in this State" means the
excess | ||||||
2 | of qualifying expenditures for the taxable year in which | ||||||
3 | incurred
over qualifying expenditures for the base period, | ||||||
4 | "qualifying expenditures
for the base period" means the average | ||||||
5 | of the qualifying expenditures for
each year in the base | ||||||
6 | period, and "base period" means the 3 taxable years
immediately | ||||||
7 | preceding the taxable year for which the determination is
being | ||||||
8 | made. | ||||||
9 | Any credit in excess of the tax liability for the taxable | ||||||
10 | year
may be carried forward. A taxpayer may elect to have the
| ||||||
11 | unused credit shown on its final completed return carried over | ||||||
12 | as a credit
against the tax liability for the following 5 | ||||||
13 | taxable years or until it has
been fully used, whichever occurs | ||||||
14 | first; provided that no credit earned in a tax year ending | ||||||
15 | prior to December 31, 2003 may be carried forward to any year | ||||||
16 | ending on or after December 31, 2003. | ||||||
17 | If an unused credit is carried forward to a given year from | ||||||
18 | 2 or more
earlier years, that credit arising in the earliest | ||||||
19 | year will be applied
first against the tax liability for the | ||||||
20 | given year. If a tax liability for
the given year still | ||||||
21 | remains, the credit from the next earliest year will
then be | ||||||
22 | applied, and so on, until all credits have been used or no tax
| ||||||
23 | liability for the given year remains. Any remaining unused | ||||||
24 | credit or
credits then will be carried forward to the next | ||||||
25 | following year in which a
tax liability is incurred, except | ||||||
26 | that no credit can be carried forward to
a year which is more |
| |||||||
| |||||||
1 | than 5 years after the year in which the expense for
which the | ||||||
2 | credit is given was incurred. | ||||||
3 | No inference shall be drawn from this amendatory Act of the | ||||||
4 | 91st General
Assembly in construing this Section for taxable | ||||||
5 | years beginning before January
1, 1999. | ||||||
6 | (l) Environmental Remediation Tax Credit. | ||||||
7 | (i) For tax years ending after December 31, 1997 and on | ||||||
8 | or before
December 31, 2001, a taxpayer shall be allowed a | ||||||
9 | credit against the tax
imposed by subsections (a) and (b) | ||||||
10 | of this Section for certain amounts paid
for unreimbursed | ||||||
11 | eligible remediation costs, as specified in this | ||||||
12 | subsection.
For purposes of this Section, "unreimbursed | ||||||
13 | eligible remediation costs" means
costs approved by the | ||||||
14 | Illinois Environmental Protection Agency ("Agency") under
| ||||||
15 | Section 58.14 of the Environmental Protection Act that were | ||||||
16 | paid in performing
environmental remediation at a site for | ||||||
17 | which a No Further Remediation Letter
was issued by the | ||||||
18 | Agency and recorded under Section 58.10 of the | ||||||
19 | Environmental
Protection Act. The credit must be claimed | ||||||
20 | for the taxable year in which
Agency approval of the | ||||||
21 | eligible remediation costs is granted. The credit is
not | ||||||
22 | available to any taxpayer if the taxpayer or any related | ||||||
23 | party caused or
contributed to, in any material respect, a | ||||||
24 | release of regulated substances on,
in, or under the site | ||||||
25 | that was identified and addressed by the remedial
action | ||||||
26 | pursuant to the Site Remediation Program of the |
| |||||||
| |||||||
1 | Environmental Protection
Act. After the Pollution Control | ||||||
2 | Board rules are adopted pursuant to the
Illinois | ||||||
3 | Administrative Procedure Act for the administration and | ||||||
4 | enforcement of
Section 58.9 of the Environmental | ||||||
5 | Protection Act, determinations as to credit
availability | ||||||
6 | for purposes of this Section shall be made consistent with | ||||||
7 | those
rules. For purposes of this Section, "taxpayer" | ||||||
8 | includes a person whose tax
attributes the taxpayer has | ||||||
9 | succeeded to under Section 381 of the Internal
Revenue Code | ||||||
10 | and "related party" includes the persons disallowed a | ||||||
11 | deduction
for losses by paragraphs (b), (c), and (f)(1) of | ||||||
12 | Section 267 of the Internal
Revenue Code by virtue of being | ||||||
13 | a related taxpayer, as well as any of its
partners. The | ||||||
14 | credit allowed against the tax imposed by subsections (a) | ||||||
15 | and
(b) shall be equal to 25% of the unreimbursed eligible | ||||||
16 | remediation costs in
excess of $100,000 per site, except | ||||||
17 | that the $100,000 threshold shall not apply
to any site | ||||||
18 | contained in an enterprise zone as determined by the | ||||||
19 | Department of
Commerce and Community Affairs (now | ||||||
20 | Department of Commerce and Economic Opportunity). The | ||||||
21 | total credit allowed shall not exceed
$40,000 per year with | ||||||
22 | a maximum total of $150,000 per site. For partners and
| ||||||
23 | shareholders of subchapter S corporations, there shall be | ||||||
24 | allowed a credit
under this subsection to be determined in | ||||||
25 | accordance with the determination of
income and | ||||||
26 | distributive share of income under Sections 702 and 704 and
|
| |||||||
| |||||||
1 | subchapter S of the Internal Revenue Code. | ||||||
2 | (ii) A credit allowed under this subsection that is | ||||||
3 | unused in the year
the credit is earned may be carried | ||||||
4 | forward to each of the 5 taxable years
following the year | ||||||
5 | for which the credit is first earned until it is used.
The | ||||||
6 | term "unused credit" does not include any amounts of | ||||||
7 | unreimbursed eligible
remediation costs in excess of the | ||||||
8 | maximum credit per site authorized under
paragraph (i). | ||||||
9 | This credit shall be applied first to the earliest year
for | ||||||
10 | which there is a liability. If there is a credit under this | ||||||
11 | subsection
from more than one tax year that is available to | ||||||
12 | offset a liability, the
earliest credit arising under this | ||||||
13 | subsection shall be applied first. A
credit allowed under | ||||||
14 | this subsection may be sold to a buyer as part of a sale
of | ||||||
15 | all or part of the remediation site for which the credit | ||||||
16 | was granted. The
purchaser of a remediation site and the | ||||||
17 | tax credit shall succeed to the unused
credit and remaining | ||||||
18 | carry-forward period of the seller. To perfect the
| ||||||
19 | transfer, the assignor shall record the transfer in the | ||||||
20 | chain of title for the
site and provide written notice to | ||||||
21 | the Director of the Illinois Department of
Revenue of the | ||||||
22 | assignor's intent to sell the remediation site and the | ||||||
23 | amount of
the tax credit to be transferred as a portion of | ||||||
24 | the sale. In no event may a
credit be transferred to any | ||||||
25 | taxpayer if the taxpayer or a related party would
not be | ||||||
26 | eligible under the provisions of subsection (i). |
| |||||||
| |||||||
1 | (iii) For purposes of this Section, the term "site" | ||||||
2 | shall have the same
meaning as under Section 58.2 of the | ||||||
3 | Environmental Protection Act. | ||||||
4 | (m) Education expense credit. Beginning with tax years | ||||||
5 | ending after
December 31, 1999, a taxpayer who
is the custodian | ||||||
6 | of one or more qualifying pupils shall be allowed a credit
| ||||||
7 | against the tax imposed by subsections (a) and (b) of this | ||||||
8 | Section for
qualified education expenses incurred on behalf of | ||||||
9 | the qualifying pupils.
The credit shall be equal to 25% of | ||||||
10 | qualified education expenses, but in no
event may the total | ||||||
11 | credit under this subsection claimed by a
family that is the
| ||||||
12 | custodian of qualifying pupils exceed $500. In no event shall a | ||||||
13 | credit under
this subsection reduce the taxpayer's liability | ||||||
14 | under this Act to less than
zero. This subsection is exempt | ||||||
15 | from the provisions of Section 250 of this
Act. | ||||||
16 | For purposes of this subsection: | ||||||
17 | "Qualifying pupils" means individuals who (i) are | ||||||
18 | residents of the State of
Illinois, (ii) are under the age of | ||||||
19 | 21 at the close of the school year for
which a credit is | ||||||
20 | sought, and (iii) during the school year for which a credit
is | ||||||
21 | sought were full-time pupils enrolled in a kindergarten through | ||||||
22 | twelfth
grade education program at any school, as defined in | ||||||
23 | this subsection. | ||||||
24 | "Qualified education expense" means the amount incurred
on | ||||||
25 | behalf of a qualifying pupil in excess of $250 for tuition, | ||||||
26 | book fees, and
lab fees at the school in which the pupil is |
| |||||||
| |||||||
1 | enrolled during the regular school
year. | ||||||
2 | "School" means any public or nonpublic elementary or | ||||||
3 | secondary school in
Illinois that is in compliance with Title | ||||||
4 | VI of the Civil Rights Act of 1964
and attendance at which | ||||||
5 | satisfies the requirements of Section 26-1 of the
School Code, | ||||||
6 | except that nothing shall be construed to require a child to
| ||||||
7 | attend any particular public or nonpublic school to qualify for | ||||||
8 | the credit
under this Section. | ||||||
9 | "Custodian" means, with respect to qualifying pupils, an | ||||||
10 | Illinois resident
who is a parent, the parents, a legal | ||||||
11 | guardian, or the legal guardians of the
qualifying pupils. | ||||||
12 | (n) River Edge Redevelopment Zone site remediation tax | ||||||
13 | credit.
| ||||||
14 | (i) For tax years ending on or after December 31, 2006, | ||||||
15 | a taxpayer shall be allowed a credit against the tax | ||||||
16 | imposed by subsections (a) and (b) of this Section for | ||||||
17 | certain amounts paid for unreimbursed eligible remediation | ||||||
18 | costs, as specified in this subsection. For purposes of | ||||||
19 | this Section, "unreimbursed eligible remediation costs" | ||||||
20 | means costs approved by the Illinois Environmental | ||||||
21 | Protection Agency ("Agency") under Section 58.14a of the | ||||||
22 | Environmental Protection Act that were paid in performing | ||||||
23 | environmental remediation at a site within a River Edge | ||||||
24 | Redevelopment Zone for which a No Further Remediation | ||||||
25 | Letter was issued by the Agency and recorded under Section | ||||||
26 | 58.10 of the Environmental Protection Act. The credit must |
| |||||||
| |||||||
1 | be claimed for the taxable year in which Agency approval of | ||||||
2 | the eligible remediation costs is granted. The credit is | ||||||
3 | not available to any taxpayer if the taxpayer or any | ||||||
4 | related party caused or contributed to, in any material | ||||||
5 | respect, a release of regulated substances on, in, or under | ||||||
6 | the site that was identified and addressed by the remedial | ||||||
7 | action pursuant to the Site Remediation Program of the | ||||||
8 | Environmental Protection Act. Determinations as to credit | ||||||
9 | availability for purposes of this Section shall be made | ||||||
10 | consistent with rules adopted by the Pollution Control | ||||||
11 | Board pursuant to the Illinois Administrative Procedure | ||||||
12 | Act for the administration and enforcement of Section 58.9 | ||||||
13 | of the Environmental Protection Act. For purposes of this | ||||||
14 | Section, "taxpayer" includes a person whose tax attributes | ||||||
15 | the taxpayer has succeeded to under Section 381 of the | ||||||
16 | Internal Revenue Code and "related party" includes the | ||||||
17 | persons disallowed a deduction for losses by paragraphs | ||||||
18 | (b), (c), and (f)(1) of Section 267 of the Internal Revenue | ||||||
19 | Code by virtue of being a related taxpayer, as well as any | ||||||
20 | of its partners. The credit allowed against the tax imposed | ||||||
21 | by subsections (a) and (b) shall be equal to 25% of the | ||||||
22 | unreimbursed eligible remediation costs in excess of | ||||||
23 | $100,000 per site. | ||||||
24 | (ii) A credit allowed under this subsection that is | ||||||
25 | unused in the year the credit is earned may be carried | ||||||
26 | forward to each of the 5 taxable years following the year |
| |||||||
| |||||||
1 | for which the credit is first earned until it is used. This | ||||||
2 | credit shall be applied first to the earliest year for | ||||||
3 | which there is a liability. If there is a credit under this | ||||||
4 | subsection from more than one tax year that is available to | ||||||
5 | offset a liability, the earliest credit arising under this | ||||||
6 | subsection shall be applied first. A credit allowed under | ||||||
7 | this subsection may be sold to a buyer as part of a sale of | ||||||
8 | all or part of the remediation site for which the credit | ||||||
9 | was granted. The purchaser of a remediation site and the | ||||||
10 | tax credit shall succeed to the unused credit and remaining | ||||||
11 | carry-forward period of the seller. To perfect the | ||||||
12 | transfer, the assignor shall record the transfer in the | ||||||
13 | chain of title for the site and provide written notice to | ||||||
14 | the Director of the Illinois Department of Revenue of the | ||||||
15 | assignor's intent to sell the remediation site and the | ||||||
16 | amount of the tax credit to be transferred as a portion of | ||||||
17 | the sale. In no event may a credit be transferred to any | ||||||
18 | taxpayer if the taxpayer or a related party would not be | ||||||
19 | eligible under the provisions of subsection (i). | ||||||
20 | (iii) For purposes of this Section, the term "site" | ||||||
21 | shall have the same meaning as under Section 58.2 of the | ||||||
22 | Environmental Protection Act. | ||||||
23 | (o) For each of taxable years during the Compassionate Use | ||||||
24 | of Medical Cannabis Pilot Program, a surcharge is imposed on | ||||||
25 | all taxpayers on income arising from the sale or exchange of | ||||||
26 | capital assets, depreciable business property, real property |
| |||||||
| |||||||
1 | used in the trade or business, and Section 197 intangibles of | ||||||
2 | an organization registrant under the Compassionate Use of | ||||||
3 | Medical Cannabis Pilot Program Act. The amount of the surcharge | ||||||
4 | is equal to the amount of federal income tax liability for the | ||||||
5 | taxable year attributable to those sales and exchanges. The | ||||||
6 | surcharge imposed does not apply if: | ||||||
7 | (1) the medical cannabis cultivation center | ||||||
8 | registration, medical cannabis dispensary registration, or | ||||||
9 | the property of a registration is transferred as a result | ||||||
10 | of any of the following: | ||||||
11 | (A) bankruptcy, a receivership, or a debt | ||||||
12 | adjustment initiated by or against the initial | ||||||
13 | registration or the substantial owners of the initial | ||||||
14 | registration; | ||||||
15 | (B) cancellation, revocation, or termination of | ||||||
16 | any registration by the Illinois Department of Public | ||||||
17 | Health; | ||||||
18 | (C) a determination by the Illinois Department of | ||||||
19 | Public Health that transfer of the registration is in | ||||||
20 | the best interests of Illinois qualifying patients as | ||||||
21 | defined by the Compassionate Use of Medical Cannabis | ||||||
22 | Pilot Program Act; | ||||||
23 | (D) the death of an owner of the equity interest in | ||||||
24 | a registrant; | ||||||
25 | (E) the acquisition of a controlling interest in | ||||||
26 | the stock or substantially all of the assets of a |
| |||||||
| |||||||
1 | publicly traded company; | ||||||
2 | (F) a transfer by a parent company to a wholly | ||||||
3 | owned subsidiary; or | ||||||
4 | (G) the transfer or sale to or by one person to | ||||||
5 | another person where both persons were initial owners | ||||||
6 | of the registration when the registration was issued; | ||||||
7 | or | ||||||
8 | (2) the cannabis cultivation center registration, | ||||||
9 | medical cannabis dispensary registration, or the | ||||||
10 | controlling interest in a registrant's property is | ||||||
11 | transferred in a transaction to lineal descendants in which | ||||||
12 | no gain or loss is recognized or as a result of a | ||||||
13 | transaction in accordance with Section 351 of the Internal | ||||||
14 | Revenue Code in which no gain or loss is recognized. | ||||||
15 | (Source: P.A. 97-2, eff. 5-6-11; 97-636, eff. 6-1-12; 97-905, | ||||||
16 | eff. 8-7-12; 98-109, eff. 7-25-13; 98-122, eff. 1-1-14; 98-756, | ||||||
17 | eff. 7-16-14.)
| ||||||
18 | (35 ILCS 5/303) (from Ch. 120, par. 3-303)
| ||||||
19 | Sec. 303. (a) In general. Any item of capital gain or loss, | ||||||
20 | and any
item of income from rents or royalties from real or | ||||||
21 | tangible personal
property, interest, dividends, and patent or | ||||||
22 | copyright royalties, and prizes
awarded under the Illinois | ||||||
23 | Lottery Law, and, for taxable years ending on or after December | ||||||
24 | 31, 2017, wagering and gambling winnings from Illinois sources | ||||||
25 | as set forth in subsection (e-1) of this Section, to the extent |
| |||||||
| |||||||
1 | such item constitutes
nonbusiness income, together with any | ||||||
2 | item of deduction directly allocable
thereto, shall be | ||||||
3 | allocated by any person other than a resident as provided
in | ||||||
4 | this Section.
| ||||||
5 | (b) Capital gains and losses. | ||||||
6 | (1) Real property. Capital gains and
losses from sales | ||||||
7 | or exchanges of real property are allocable to this State
| ||||||
8 | if the property is located in this State.
| ||||||
9 | (2) Tangible personal property. Capital gains and | ||||||
10 | losses from sales
or exchanges of tangible personal | ||||||
11 | property are allocable to this State if,
at the time of | ||||||
12 | such sale or exchange:
| ||||||
13 | (A) The property had its situs in this State; or
| ||||||
14 | (B) The taxpayer had its commercial domicile in | ||||||
15 | this State and was not
taxable in the state in which | ||||||
16 | the property had its situs.
| ||||||
17 | (3) Intangibles. Capital gains and losses from sales or | ||||||
18 | exchanges of
intangible personal property are allocable to | ||||||
19 | this State if the taxpayer
had its commercial domicile in | ||||||
20 | this State at the time of such sale or
exchange.
| ||||||
21 | (c) Rents and royalties. | ||||||
22 | (1) Real property. Rents and royalties
from real | ||||||
23 | property are allocable to this State if the property is | ||||||
24 | located
in this State.
| ||||||
25 | (2) Tangible personal property. Rents and royalties | ||||||
26 | from tangible
personal property are allocable to this |
| |||||||
| |||||||
1 | State:
| ||||||
2 | (A) If and to the extent that the property is | ||||||
3 | utilized in this State; or
| ||||||
4 | (B) In their entirety if, at the time such rents or | ||||||
5 | royalties were paid
or accrued, the taxpayer had its | ||||||
6 | commercial domicile in this State and was
not organized | ||||||
7 | under the laws of or taxable with respect to such rents | ||||||
8 | or
royalties in the state in which the property was | ||||||
9 | utilized.
The extent of utilization of tangible | ||||||
10 | personal property in a state is
determined by | ||||||
11 | multiplying the rents or royalties derived from such | ||||||
12 | property
by a fraction, the numerator of which is the | ||||||
13 | number of days of physical
location of the property in | ||||||
14 | the state during the rental or royalty period
in the | ||||||
15 | taxable year and the denominator of which is the number | ||||||
16 | of days of
physical location of the property everywhere | ||||||
17 | during all rental or royalty
periods in the taxable | ||||||
18 | year. If the physical location of the property
during | ||||||
19 | the rental or royalty period is unknown or | ||||||
20 | unascertainable by the
taxpayer, tangible personal | ||||||
21 | property is utilized in the state in which the
property | ||||||
22 | was located at the time the rental or royalty payer | ||||||
23 | obtained
possession.
| ||||||
24 | (d) Patent and copyright royalties.
| ||||||
25 | (1) Allocation. Patent and copyright royalties are | ||||||
26 | allocable to this
State:
|
| |||||||
| |||||||
1 | (A) If and to the extent that the patent or | ||||||
2 | copyright is utilized by the
payer in this State; or
| ||||||
3 | (B) If and to the extent that the patent or | ||||||
4 | copyright is utilized by the
payer in a state in which | ||||||
5 | the taxpayer is not taxable with respect to such
| ||||||
6 | royalties and, at the time such royalties were paid or | ||||||
7 | accrued, the
taxpayer had its commercial domicile in | ||||||
8 | this State.
| ||||||
9 | (2) Utilization.
| ||||||
10 | (A) A patent is utilized in a state to the extent | ||||||
11 | that it is employed in
production, fabrication, | ||||||
12 | manufacturing or other processing in the state or
to | ||||||
13 | the extent that a patented product is produced in the | ||||||
14 | state. If the
basis of receipts from patent royalties | ||||||
15 | does not permit allocation to
states or if the | ||||||
16 | accounting procedures do not reflect states of
| ||||||
17 | utilization, the patent is utilized in this State if | ||||||
18 | the taxpayer has its
commercial domicile in this State.
| ||||||
19 | (B) A copyright is utilized in a state to the | ||||||
20 | extent that printing or
other publication originates | ||||||
21 | in the state. If the basis of receipts from
copyright | ||||||
22 | royalties does not permit allocation to states or if | ||||||
23 | the
accounting procedures do not reflect states of | ||||||
24 | utilization, the copyright
is utilized in this State if | ||||||
25 | the taxpayer has its commercial domicile in
this State.
| ||||||
26 | (e) Illinois lottery prizes. Prizes awarded under the |
| |||||||
| |||||||
1 | Illinois Lottery Law are allocable to this State. Payments | ||||||
2 | received in taxable years ending on or after December 31, 2013, | ||||||
3 | from the assignment of a prize under Section 13.1 of the | ||||||
4 | Illinois Lottery Law are allocable to this State.
| ||||||
5 | (e-1) Wagering and gambling winnings. Payments received in | ||||||
6 | taxable years ending on or after December 31, 2017 of winnings | ||||||
7 | from pari-mutuel wagering conducted at a wagering facility | ||||||
8 | licensed under the Illinois Horse Racing Act of 1975 and from | ||||||
9 | gambling games conducted on a riverboat or in a casino or | ||||||
10 | electronic gaming facility licensed under the Illinois | ||||||
11 | Gambling Act are allocable to this State. | ||||||
12 | (e-5) Unemployment benefits. Unemployment benefits paid by | ||||||
13 | the Illinois Department of Employment Security are allocable to | ||||||
14 | this State. | ||||||
15 | (f) Taxability in other state. For purposes of allocation | ||||||
16 | of income
pursuant to this Section, a taxpayer is taxable in | ||||||
17 | another state if:
| ||||||
18 | (1) In that state he is subject to a net income tax, a | ||||||
19 | franchise tax
measured by net income, a franchise tax for | ||||||
20 | the privilege of doing
business, or a corporate stock tax; | ||||||
21 | or
| ||||||
22 | (2) That state has jurisdiction to subject the taxpayer | ||||||
23 | to a net income
tax regardless of whether, in fact, the | ||||||
24 | state does or does not.
| ||||||
25 | (g) Cross references. | ||||||
26 | (1) For allocation of interest and dividends by
persons |
| |||||||
| |||||||
1 | other than residents, see Section 301(c)(2).
| ||||||
2 | (2) For allocation of nonbusiness income by residents, | ||||||
3 | see Section
301(a).
| ||||||
4 | (Source: P.A. 97-709, eff. 7-1-12; 98-496, eff. 1-1-14.)
| ||||||
5 | (35 ILCS 5/304) (from Ch. 120, par. 3-304)
| ||||||
6 | Sec. 304. Business income of persons other than residents.
| ||||||
7 | (a) In general. The business income of a person other than | ||||||
8 | a
resident shall be allocated to this State if such person's | ||||||
9 | business
income is derived solely from this State. If a person | ||||||
10 | other than a
resident derives business income from this State | ||||||
11 | and one or more other
states, then, for tax years ending on or | ||||||
12 | before December 30, 1998, and
except as otherwise provided by | ||||||
13 | this Section, such
person's business income shall be | ||||||
14 | apportioned to this State by
multiplying the income by a | ||||||
15 | fraction, the numerator of which is the sum
of the property | ||||||
16 | factor (if any), the payroll factor (if any) and 200% of the
| ||||||
17 | sales factor (if any), and the denominator of which is 4 | ||||||
18 | reduced by the
number of factors other than the sales factor | ||||||
19 | which have a denominator
of zero and by an additional 2 if the | ||||||
20 | sales factor has a denominator of zero.
For tax years ending on | ||||||
21 | or after December 31, 1998, and except as otherwise
provided by | ||||||
22 | this Section, persons other than
residents who derive business | ||||||
23 | income from this State and one or more other
states shall | ||||||
24 | compute their apportionment factor by weighting their | ||||||
25 | property,
payroll, and sales factors as provided in
subsection |
| |||||||
| |||||||
1 | (h) of this Section.
| ||||||
2 | (1) Property factor.
| ||||||
3 | (A) The property factor is a fraction, the numerator of | ||||||
4 | which is the
average value of the person's real and | ||||||
5 | tangible personal property owned
or rented and used in the | ||||||
6 | trade or business in this State during the
taxable year and | ||||||
7 | the denominator of which is the average value of all
the | ||||||
8 | person's real and tangible personal property owned or | ||||||
9 | rented and
used in the trade or business during the taxable | ||||||
10 | year.
| ||||||
11 | (B) Property owned by the person is valued at its | ||||||
12 | original cost.
Property rented by the person is valued at 8 | ||||||
13 | times the net annual rental
rate. Net annual rental rate is | ||||||
14 | the annual rental rate paid by the
person less any annual | ||||||
15 | rental rate received by the person from
sub-rentals.
| ||||||
16 | (C) The average value of property shall be determined | ||||||
17 | by averaging
the values at the beginning and ending of the | ||||||
18 | taxable year but the
Director may require the averaging of | ||||||
19 | monthly values during the taxable
year if reasonably | ||||||
20 | required to reflect properly the average value of the
| ||||||
21 | person's property.
| ||||||
22 | (2) Payroll factor.
| ||||||
23 | (A) The payroll factor is a fraction, the numerator of | ||||||
24 | which is the
total amount paid in this State during the | ||||||
25 | taxable year by the person
for compensation, and the | ||||||
26 | denominator of which is the total compensation
paid |
| |||||||
| |||||||
1 | everywhere during the taxable year.
| ||||||
2 | (B) Compensation is paid in this State if:
| ||||||
3 | (i) The individual's service is performed entirely | ||||||
4 | within this
State;
| ||||||
5 | (ii) The individual's service is performed both | ||||||
6 | within and without
this State, but the service | ||||||
7 | performed without this State is incidental
to the | ||||||
8 | individual's service performed within this State; or
| ||||||
9 | (iii) Some of the service is performed within this | ||||||
10 | State and either
the base of operations, or if there is | ||||||
11 | no base of operations, the place
from which the service | ||||||
12 | is directed or controlled is within this State,
or the | ||||||
13 | base of operations or the place from which the service | ||||||
14 | is
directed or controlled is not in any state in which | ||||||
15 | some part of the
service is performed, but the | ||||||
16 | individual's residence is in this State.
| ||||||
17 | (iv) Compensation paid to nonresident professional | ||||||
18 | athletes. | ||||||
19 | (a) General. The Illinois source income of a | ||||||
20 | nonresident individual who is a member of a | ||||||
21 | professional athletic team includes the portion of the | ||||||
22 | individual's total compensation for services performed | ||||||
23 | as a member of a professional athletic team during the | ||||||
24 | taxable year which the number of duty days spent within | ||||||
25 | this State performing services for the team in any | ||||||
26 | manner during the taxable year bears to the total |
| |||||||
| |||||||
1 | number of duty days spent both within and without this | ||||||
2 | State during the taxable year. | ||||||
3 | (b) Travel days. Travel days that do not involve | ||||||
4 | either a game, practice, team meeting, or other similar | ||||||
5 | team event are not considered duty days spent in this | ||||||
6 | State. However, such travel days are considered in the | ||||||
7 | total duty days spent both within and without this | ||||||
8 | State. | ||||||
9 | (c) Definitions. For purposes of this subpart | ||||||
10 | (iv): | ||||||
11 | (1) The term "professional athletic team" | ||||||
12 | includes, but is not limited to, any professional | ||||||
13 | baseball, basketball, football, soccer, or hockey | ||||||
14 | team. | ||||||
15 | (2) The term "member of a professional | ||||||
16 | athletic team" includes those employees who are | ||||||
17 | active players, players on the disabled list, and | ||||||
18 | any other persons required to travel and who travel | ||||||
19 | with and perform services on behalf of a | ||||||
20 | professional athletic team on a regular basis. | ||||||
21 | This includes, but is not limited to, coaches, | ||||||
22 | managers, and trainers. | ||||||
23 | (3) Except as provided in items (C) and (D) of | ||||||
24 | this subpart (3), the term "duty days" means all | ||||||
25 | days during the taxable year from the beginning of | ||||||
26 | the professional athletic team's official |
| |||||||
| |||||||
1 | pre-season training period through the last game | ||||||
2 | in which the team competes or is scheduled to | ||||||
3 | compete. Duty days shall be counted for the year in | ||||||
4 | which they occur, including where a team's | ||||||
5 | official pre-season training period through the | ||||||
6 | last game in which the team competes or is | ||||||
7 | scheduled to compete, occurs during more than one | ||||||
8 | tax year. | ||||||
9 | (A) Duty days shall also include days on | ||||||
10 | which a member of a professional athletic team | ||||||
11 | performs service for a team on a date that does | ||||||
12 | not fall within the foregoing period (e.g., | ||||||
13 | participation in instructional leagues, the | ||||||
14 | "All Star Game", or promotional "caravans"). | ||||||
15 | Performing a service for a professional | ||||||
16 | athletic team includes conducting training and | ||||||
17 | rehabilitation activities, when such | ||||||
18 | activities are conducted at team facilities. | ||||||
19 | (B) Also included in duty days are game | ||||||
20 | days, practice days, days spent at team | ||||||
21 | meetings, promotional caravans, preseason | ||||||
22 | training camps, and days served with the team | ||||||
23 | through all post-season games in which the team | ||||||
24 | competes or is scheduled to compete. | ||||||
25 | (C) Duty days for any person who joins a | ||||||
26 | team during the period from the beginning of |
| |||||||
| |||||||
1 | the professional athletic team's official | ||||||
2 | pre-season training period through the last | ||||||
3 | game in which the team competes, or is | ||||||
4 | scheduled to compete, shall begin on the day | ||||||
5 | that person joins the team. Conversely, duty | ||||||
6 | days for any person who leaves a team during | ||||||
7 | this period shall end on the day that person | ||||||
8 | leaves the team. Where a person switches teams | ||||||
9 | during a taxable year, a separate duty-day | ||||||
10 | calculation shall be made for the period the | ||||||
11 | person was with each team. | ||||||
12 | (D) Days for which a member of a | ||||||
13 | professional athletic team is not compensated | ||||||
14 | and is not performing services for the team in | ||||||
15 | any manner, including days when such member of | ||||||
16 | a professional athletic team has been | ||||||
17 | suspended without pay and prohibited from | ||||||
18 | performing any services for the team, shall not | ||||||
19 | be treated as duty days. | ||||||
20 | (E) Days for which a member of a | ||||||
21 | professional athletic team is on the disabled | ||||||
22 | list and does not conduct rehabilitation | ||||||
23 | activities at facilities of the team, and is | ||||||
24 | not otherwise performing services for the team | ||||||
25 | in Illinois, shall not be considered duty days | ||||||
26 | spent in this State. All days on the disabled |
| |||||||
| |||||||
1 | list, however, are considered to be included in | ||||||
2 | total duty days spent both within and without | ||||||
3 | this State. | ||||||
4 | (4) The term "total compensation for services | ||||||
5 | performed as a member of a professional athletic | ||||||
6 | team" means the total compensation received during | ||||||
7 | the taxable year for services performed: | ||||||
8 | (A) from the beginning of the official | ||||||
9 | pre-season training period through the last | ||||||
10 | game in which the team competes or is scheduled | ||||||
11 | to compete during that taxable year; and | ||||||
12 | (B) during the taxable year on a date which | ||||||
13 | does not fall within the foregoing period | ||||||
14 | (e.g., participation in instructional leagues, | ||||||
15 | the "All Star Game", or promotional caravans). | ||||||
16 | This compensation shall include, but is not | ||||||
17 | limited to, salaries, wages, bonuses as described | ||||||
18 | in this subpart, and any other type of compensation | ||||||
19 | paid during the taxable year to a member of a | ||||||
20 | professional athletic team for services performed | ||||||
21 | in that year. This compensation does not include | ||||||
22 | strike benefits, severance pay, termination pay, | ||||||
23 | contract or option year buy-out payments, | ||||||
24 | expansion or relocation payments, or any other | ||||||
25 | payments not related to services performed for the | ||||||
26 | team. |
| |||||||
| |||||||
1 | For purposes of this subparagraph, "bonuses" | ||||||
2 | included in "total compensation for services | ||||||
3 | performed as a member of a professional athletic | ||||||
4 | team" subject to the allocation described in | ||||||
5 | Section 302(c)(1) are: bonuses earned as a result | ||||||
6 | of play (i.e., performance bonuses) during the | ||||||
7 | season, including bonuses paid for championship, | ||||||
8 | playoff or "bowl" games played by a team, or for | ||||||
9 | selection to all-star league or other honorary | ||||||
10 | positions; and bonuses paid for signing a | ||||||
11 | contract, unless the payment of the signing bonus | ||||||
12 | is not conditional upon the signee playing any | ||||||
13 | games for the team or performing any subsequent | ||||||
14 | services for the team or even making the team, the | ||||||
15 | signing bonus is payable separately from the | ||||||
16 | salary and any other compensation, and the signing | ||||||
17 | bonus is nonrefundable.
| ||||||
18 | (3) Sales factor.
| ||||||
19 | (A) The sales factor is a fraction, the numerator of | ||||||
20 | which is the
total sales of the person in this State during | ||||||
21 | the taxable year, and the
denominator of which is the total | ||||||
22 | sales of the person everywhere during
the taxable year.
| ||||||
23 | (B) Sales of tangible personal property are in this | ||||||
24 | State if:
| ||||||
25 | (i) The property is delivered or shipped to a | ||||||
26 | purchaser, other than
the United States government, |
| |||||||
| |||||||
1 | within this State regardless of the f. o.
b. point or | ||||||
2 | other conditions of the sale; or
| ||||||
3 | (ii) The property is shipped from an office, store, | ||||||
4 | warehouse,
factory or other place of storage in this | ||||||
5 | State and either the purchaser
is the United States | ||||||
6 | government or the person is not taxable in the
state of | ||||||
7 | the purchaser; provided, however, that premises owned | ||||||
8 | or leased
by a person who has independently contracted | ||||||
9 | with the seller for the printing
of newspapers, | ||||||
10 | periodicals or books shall not be deemed to be an | ||||||
11 | office,
store, warehouse, factory or other place of | ||||||
12 | storage for purposes of this
Section.
Sales of tangible | ||||||
13 | personal property are not in this State if the
seller | ||||||
14 | and purchaser would be members of the same unitary | ||||||
15 | business group
but for the fact that either the seller | ||||||
16 | or purchaser is a person with 80%
or more of total | ||||||
17 | business activity outside of the United States and the
| ||||||
18 | property is purchased for resale.
| ||||||
19 | (B-1) Patents, copyrights, trademarks, and similar | ||||||
20 | items of intangible
personal property.
| ||||||
21 | (i) Gross receipts from the licensing, sale, or | ||||||
22 | other disposition of a
patent, copyright, trademark, | ||||||
23 | or similar item of intangible personal property, other | ||||||
24 | than gross receipts governed by paragraph (B-7) of this | ||||||
25 | item (3),
are in this State to the extent the item is | ||||||
26 | utilized in this State during the
year the gross |
| |||||||
| |||||||
1 | receipts are included in gross income.
| ||||||
2 | (ii) Place of utilization.
| ||||||
3 | (I) A patent is utilized in a state to the | ||||||
4 | extent that it is employed
in production, | ||||||
5 | fabrication, manufacturing, or other processing in | ||||||
6 | the state or
to the extent that a patented product | ||||||
7 | is produced in the state. If a patent is
utilized | ||||||
8 | in
more than one state, the extent to which it is | ||||||
9 | utilized in any one state shall
be a fraction equal | ||||||
10 | to the gross receipts of the licensee or purchaser | ||||||
11 | from
sales or leases of items produced, | ||||||
12 | fabricated, manufactured, or processed
within that | ||||||
13 | state using the patent and of patented items | ||||||
14 | produced within that
state, divided by the total of | ||||||
15 | such gross receipts for all states in which the
| ||||||
16 | patent is utilized.
| ||||||
17 | (II) A copyright is utilized in a state to the | ||||||
18 | extent that printing or
other publication | ||||||
19 | originates in the state. If a copyright is utilized | ||||||
20 | in more
than one state, the extent to which it is | ||||||
21 | utilized in any one state shall be a
fraction equal | ||||||
22 | to the gross receipts from sales or licenses of | ||||||
23 | materials
printed or published in that state | ||||||
24 | divided by the total of such gross receipts
for all | ||||||
25 | states in which the copyright is utilized.
| ||||||
26 | (III) Trademarks and other items of intangible |
| |||||||
| |||||||
1 | personal property
governed by this paragraph (B-1) | ||||||
2 | are utilized in the state in which the
commercial | ||||||
3 | domicile of the licensee or purchaser is located.
| ||||||
4 | (iii) If the state of utilization of an item of | ||||||
5 | property governed by
this paragraph (B-1) cannot be | ||||||
6 | determined from the taxpayer's books and
records or | ||||||
7 | from the books and records of any person related to the | ||||||
8 | taxpayer
within the meaning of Section 267(b) of the | ||||||
9 | Internal Revenue Code, 26 U.S.C.
267, the gross
| ||||||
10 | receipts attributable to that item shall be excluded | ||||||
11 | from both the numerator
and the denominator of the | ||||||
12 | sales factor.
| ||||||
13 | (B-2) Gross receipts from the license, sale, or other | ||||||
14 | disposition of
patents, copyrights, trademarks, and | ||||||
15 | similar items of intangible personal
property, other than | ||||||
16 | gross receipts governed by paragraph (B-7) of this item | ||||||
17 | (3), may be included in the numerator or denominator of the | ||||||
18 | sales factor
only if gross receipts from licenses, sales, | ||||||
19 | or other disposition of such items
comprise more than 50% | ||||||
20 | of the taxpayer's total gross receipts included in gross
| ||||||
21 | income during the tax year and during each of the 2 | ||||||
22 | immediately preceding tax
years; provided that, when a | ||||||
23 | taxpayer is a member of a unitary business group,
such | ||||||
24 | determination shall be made on the basis of the gross | ||||||
25 | receipts of the
entire unitary business group.
| ||||||
26 | (B-5) For taxable years ending on or after December 31, |
| |||||||
| |||||||
1 | 2008, except as provided in subsections (ii) through (vii), | ||||||
2 | receipts from the sale of telecommunications service or | ||||||
3 | mobile telecommunications service are in this State if the | ||||||
4 | customer's service address is in this State. | ||||||
5 | (i) For purposes of this subparagraph (B-5), the | ||||||
6 | following terms have the following meanings: | ||||||
7 | "Ancillary services" means services that are | ||||||
8 | associated with or incidental to the provision of | ||||||
9 | "telecommunications services", including but not | ||||||
10 | limited to "detailed telecommunications billing", | ||||||
11 | "directory assistance", "vertical service", and "voice | ||||||
12 | mail services". | ||||||
13 | "Air-to-Ground Radiotelephone service" means a | ||||||
14 | radio service, as that term is defined in 47 CFR 22.99, | ||||||
15 | in which common carriers are authorized to offer and | ||||||
16 | provide radio telecommunications service for hire to | ||||||
17 | subscribers in aircraft. | ||||||
18 | "Call-by-call Basis" means any method of charging | ||||||
19 | for telecommunications services where the price is | ||||||
20 | measured by individual calls. | ||||||
21 | "Communications Channel" means a physical or | ||||||
22 | virtual path of communications over which signals are | ||||||
23 | transmitted between or among customer channel | ||||||
24 | termination points. | ||||||
25 | "Conference bridging service" means an "ancillary | ||||||
26 | service" that links two or more participants of an |
| |||||||
| |||||||
1 | audio or video conference call and may include the | ||||||
2 | provision of a telephone number. "Conference bridging | ||||||
3 | service" does not include the "telecommunications | ||||||
4 | services" used to reach the conference bridge. | ||||||
5 | "Customer Channel Termination Point" means the | ||||||
6 | location where the customer either inputs or receives | ||||||
7 | the communications. | ||||||
8 | "Detailed telecommunications billing service" | ||||||
9 | means an "ancillary service" of separately stating | ||||||
10 | information pertaining to individual calls on a | ||||||
11 | customer's billing statement. | ||||||
12 | "Directory assistance" means an "ancillary | ||||||
13 | service" of providing telephone number information, | ||||||
14 | and/or address information. | ||||||
15 | "Home service provider" means the facilities based | ||||||
16 | carrier or reseller with which the customer contracts | ||||||
17 | for the provision of mobile telecommunications | ||||||
18 | services. | ||||||
19 | "Mobile telecommunications service" means | ||||||
20 | commercial mobile radio service, as defined in Section | ||||||
21 | 20.3 of Title 47 of the Code of Federal Regulations as | ||||||
22 | in effect on June 1, 1999. | ||||||
23 | "Place of primary use" means the street address | ||||||
24 | representative of where the customer's use of the | ||||||
25 | telecommunications service primarily occurs, which | ||||||
26 | must be the residential street address or the primary |
| |||||||
| |||||||
1 | business street address of the customer. In the case of | ||||||
2 | mobile telecommunications services, "place of primary | ||||||
3 | use" must be within the licensed service area of the | ||||||
4 | home service provider. | ||||||
5 | "Post-paid telecommunication service" means the | ||||||
6 | telecommunications service obtained by making a | ||||||
7 | payment on a call-by-call basis either through the use | ||||||
8 | of a credit card or payment mechanism such as a bank | ||||||
9 | card, travel card, credit card, or debit card, or by | ||||||
10 | charge made to a telephone number which is not | ||||||
11 | associated with the origination or termination of the | ||||||
12 | telecommunications service. A post-paid calling | ||||||
13 | service includes telecommunications service, except a | ||||||
14 | prepaid wireless calling service, that would be a | ||||||
15 | prepaid calling service except it is not exclusively a | ||||||
16 | telecommunication service. | ||||||
17 | "Prepaid telecommunication service" means the | ||||||
18 | right to access exclusively telecommunications | ||||||
19 | services, which must be paid for in advance and which | ||||||
20 | enables the origination of calls using an access number | ||||||
21 | or authorization code, whether manually or | ||||||
22 | electronically dialed, and that is sold in | ||||||
23 | predetermined units or dollars of which the number | ||||||
24 | declines with use in a known amount. | ||||||
25 | "Prepaid Mobile telecommunication service" means a | ||||||
26 | telecommunications service that provides the right to |
| |||||||
| |||||||
1 | utilize mobile wireless service as well as other | ||||||
2 | non-telecommunication services, including but not | ||||||
3 | limited to ancillary services, which must be paid for | ||||||
4 | in advance that is sold in predetermined units or | ||||||
5 | dollars of which the number declines with use in a | ||||||
6 | known amount. | ||||||
7 | "Private communication service" means a | ||||||
8 | telecommunication service that entitles the customer | ||||||
9 | to exclusive or priority use of a communications | ||||||
10 | channel or group of channels between or among | ||||||
11 | termination points, regardless of the manner in which | ||||||
12 | such channel or channels are connected, and includes | ||||||
13 | switching capacity, extension lines, stations, and any | ||||||
14 | other associated services that are provided in | ||||||
15 | connection with the use of such channel or channels. | ||||||
16 | "Service address" means: | ||||||
17 | (a) The location of the telecommunications | ||||||
18 | equipment to which a customer's call is charged and | ||||||
19 | from which the call originates or terminates, | ||||||
20 | regardless of where the call is billed or paid; | ||||||
21 | (b) If the location in line (a) is not known, | ||||||
22 | service address means the origination point of the | ||||||
23 | signal of the telecommunications services first | ||||||
24 | identified by either the seller's | ||||||
25 | telecommunications system or in information | ||||||
26 | received by the seller from its service provider |
| |||||||
| |||||||
1 | where the system used to transport such signals is | ||||||
2 | not that of the seller; and | ||||||
3 | (c) If the locations in line (a) and line (b) | ||||||
4 | are not known, the service address means the | ||||||
5 | location of the customer's place of primary use. | ||||||
6 | "Telecommunications service" means the electronic | ||||||
7 | transmission, conveyance, or routing of voice, data, | ||||||
8 | audio, video, or any other information or signals to a | ||||||
9 | point, or between or among points. The term | ||||||
10 | "telecommunications service" includes such | ||||||
11 | transmission, conveyance, or routing in which computer | ||||||
12 | processing applications are used to act on the form, | ||||||
13 | code or protocol of the content for purposes of | ||||||
14 | transmission, conveyance or routing without regard to | ||||||
15 | whether such service is referred to as voice over | ||||||
16 | Internet protocol services or is classified by the | ||||||
17 | Federal Communications Commission as enhanced or value | ||||||
18 | added. "Telecommunications service" does not include: | ||||||
19 | (a) Data processing and information services | ||||||
20 | that allow data to be generated, acquired, stored, | ||||||
21 | processed, or retrieved and delivered by an | ||||||
22 | electronic transmission to a purchaser when such | ||||||
23 | purchaser's primary purpose for the underlying | ||||||
24 | transaction is the processed data or information; | ||||||
25 | (b) Installation or maintenance of wiring or | ||||||
26 | equipment on a customer's premises; |
| |||||||
| |||||||
1 | (c) Tangible personal property; | ||||||
2 | (d) Advertising, including but not limited to | ||||||
3 | directory advertising ; . | ||||||
4 | (e) Billing and collection services provided | ||||||
5 | to third parties; | ||||||
6 | (f) Internet access service; | ||||||
7 | (g) Radio and television audio and video | ||||||
8 | programming services, regardless of the medium, | ||||||
9 | including the furnishing of transmission, | ||||||
10 | conveyance and routing of such services by the | ||||||
11 | programming service provider. Radio and television | ||||||
12 | audio and video programming services shall include | ||||||
13 | but not be limited to cable service as defined in | ||||||
14 | 47 USC 522(6) and audio and video programming | ||||||
15 | services delivered by commercial mobile radio | ||||||
16 | service providers, as defined in 47 CFR 20.3; | ||||||
17 | (h) "Ancillary services"; or | ||||||
18 | (i) Digital products "delivered | ||||||
19 | electronically", including but not limited to | ||||||
20 | software, music, video, reading materials or ring | ||||||
21 | tones. | ||||||
22 | "Vertical service" means an "ancillary service" | ||||||
23 | that is offered in connection with one or more | ||||||
24 | "telecommunications services", which offers advanced | ||||||
25 | calling features that allow customers to identify | ||||||
26 | callers and to manage multiple calls and call |
| |||||||
| |||||||
1 | connections, including "conference bridging services". | ||||||
2 | "Voice mail service" means an "ancillary service" | ||||||
3 | that enables the customer to store, send or receive | ||||||
4 | recorded messages. "Voice mail service" does not | ||||||
5 | include any "vertical services" that the customer may | ||||||
6 | be required to have in order to utilize the "voice mail | ||||||
7 | service". | ||||||
8 | (ii) Receipts from the sale of telecommunications | ||||||
9 | service sold on an individual call-by-call basis are in | ||||||
10 | this State if either of the following applies: | ||||||
11 | (a) The call both originates and terminates in | ||||||
12 | this State. | ||||||
13 | (b) The call either originates or terminates | ||||||
14 | in this State and the service address is located in | ||||||
15 | this State. | ||||||
16 | (iii) Receipts from the sale of postpaid | ||||||
17 | telecommunications service at retail are in this State | ||||||
18 | if the origination point of the telecommunication | ||||||
19 | signal, as first identified by the service provider's | ||||||
20 | telecommunication system or as identified by | ||||||
21 | information received by the seller from its service | ||||||
22 | provider if the system used to transport | ||||||
23 | telecommunication signals is not the seller's, is | ||||||
24 | located in this State. | ||||||
25 | (iv) Receipts from the sale of prepaid | ||||||
26 | telecommunications service or prepaid mobile |
| |||||||
| |||||||
1 | telecommunications service at retail are in this State | ||||||
2 | if the purchaser obtains the prepaid card or similar | ||||||
3 | means of conveyance at a location in this State. | ||||||
4 | Receipts from recharging a prepaid telecommunications | ||||||
5 | service or mobile telecommunications service is in | ||||||
6 | this State if the purchaser's billing information | ||||||
7 | indicates a location in this State. | ||||||
8 | (v) Receipts from the sale of private | ||||||
9 | communication services are in this State as follows: | ||||||
10 | (a) 100% of receipts from charges imposed at | ||||||
11 | each channel termination point in this State. | ||||||
12 | (b) 100% of receipts from charges for the total | ||||||
13 | channel mileage between each channel termination | ||||||
14 | point in this State. | ||||||
15 | (c) 50% of the total receipts from charges for | ||||||
16 | service segments when those segments are between 2 | ||||||
17 | customer channel termination points, 1 of which is | ||||||
18 | located in this State and the other is located | ||||||
19 | outside of this State, which segments are | ||||||
20 | separately charged. | ||||||
21 | (d) The receipts from charges for service | ||||||
22 | segments with a channel termination point located | ||||||
23 | in this State and in two or more other states, and | ||||||
24 | which segments are not separately billed, are in | ||||||
25 | this State based on a percentage determined by | ||||||
26 | dividing the number of customer channel |
| |||||||
| |||||||
1 | termination points in this State by the total | ||||||
2 | number of customer channel termination points. | ||||||
3 | (vi) Receipts from charges for ancillary services | ||||||
4 | for telecommunications service sold to customers at | ||||||
5 | retail are in this State if the customer's primary | ||||||
6 | place of use of telecommunications services associated | ||||||
7 | with those ancillary services is in this State. If the | ||||||
8 | seller of those ancillary services cannot determine | ||||||
9 | where the associated telecommunications are located, | ||||||
10 | then the ancillary services shall be based on the | ||||||
11 | location of the purchaser. | ||||||
12 | (vii) Receipts to access a carrier's network or | ||||||
13 | from the sale of telecommunication services or | ||||||
14 | ancillary services for resale are in this State as | ||||||
15 | follows: | ||||||
16 | (a) 100% of the receipts from access fees | ||||||
17 | attributable to intrastate telecommunications | ||||||
18 | service that both originates and terminates in | ||||||
19 | this State. | ||||||
20 | (b) 50% of the receipts from access fees | ||||||
21 | attributable to interstate telecommunications | ||||||
22 | service if the interstate call either originates | ||||||
23 | or terminates in this State. | ||||||
24 | (c) 100% of the receipts from interstate end | ||||||
25 | user access line charges, if the customer's | ||||||
26 | service address is in this State. As used in this |
| |||||||
| |||||||
1 | subdivision, "interstate end user access line | ||||||
2 | charges" includes, but is not limited to, the | ||||||
3 | surcharge approved by the federal communications | ||||||
4 | commission and levied pursuant to 47 CFR 69. | ||||||
5 | (d) Gross receipts from sales of | ||||||
6 | telecommunication services or from ancillary | ||||||
7 | services for telecommunications services sold to | ||||||
8 | other telecommunication service providers for | ||||||
9 | resale shall be sourced to this State using the | ||||||
10 | apportionment concepts used for non-resale | ||||||
11 | receipts of telecommunications services if the | ||||||
12 | information is readily available to make that | ||||||
13 | determination. If the information is not readily | ||||||
14 | available, then the taxpayer may use any other | ||||||
15 | reasonable and consistent method. | ||||||
16 | (B-7) For taxable years ending on or after December 31, | ||||||
17 | 2008, receipts from the sale of broadcasting services are | ||||||
18 | in this State if the broadcasting services are received in | ||||||
19 | this State. For purposes of this paragraph (B-7), the | ||||||
20 | following terms have the following meanings: | ||||||
21 | "Advertising revenue" means consideration received | ||||||
22 | by the taxpayer in exchange for broadcasting services | ||||||
23 | or allowing the broadcasting of commercials or | ||||||
24 | announcements in connection with the broadcasting of | ||||||
25 | film or radio programming, from sponsorships of the | ||||||
26 | programming, or from product placements in the |
| |||||||
| |||||||
1 | programming. | ||||||
2 | "Audience factor" means the ratio that the | ||||||
3 | audience or subscribers located in this State of a | ||||||
4 | station, a network, or a cable system bears to the | ||||||
5 | total audience or total subscribers for that station, | ||||||
6 | network, or cable system. The audience factor for film | ||||||
7 | or radio programming shall be determined by reference | ||||||
8 | to the books and records of the taxpayer or by | ||||||
9 | reference to published rating statistics provided the | ||||||
10 | method used by the taxpayer is consistently used from | ||||||
11 | year to year for this purpose and fairly represents the | ||||||
12 | taxpayer's activity in this State. | ||||||
13 | "Broadcast" or "broadcasting" or "broadcasting | ||||||
14 | services" means the transmission or provision of film | ||||||
15 | or radio programming, whether through the public | ||||||
16 | airwaves, by cable, by direct or indirect satellite | ||||||
17 | transmission, or by any other means of communication, | ||||||
18 | either through a station, a network, or a cable system. | ||||||
19 | "Film" or "film programming" means the broadcast | ||||||
20 | on television of any and all performances, events, or | ||||||
21 | productions, including but not limited to news, | ||||||
22 | sporting events, plays, stories, or other literary, | ||||||
23 | commercial, educational, or artistic works, either | ||||||
24 | live or through the use of video tape, disc, or any | ||||||
25 | other type of format or medium. Each episode of a | ||||||
26 | series of films produced for television shall |
| |||||||
| |||||||
1 | constitute separate "film" notwithstanding that the | ||||||
2 | series relates to the same principal subject and is | ||||||
3 | produced during one or more tax periods. | ||||||
4 | "Radio" or "radio programming" means the broadcast | ||||||
5 | on radio of any and all performances, events, or | ||||||
6 | productions, including but not limited to news, | ||||||
7 | sporting events, plays, stories, or other literary, | ||||||
8 | commercial, educational, or artistic works, either | ||||||
9 | live or through the use of an audio tape, disc, or any | ||||||
10 | other format or medium. Each episode in a series of | ||||||
11 | radio programming produced for radio broadcast shall | ||||||
12 | constitute a separate "radio programming" | ||||||
13 | notwithstanding that the series relates to the same | ||||||
14 | principal subject and is produced during one or more | ||||||
15 | tax periods. | ||||||
16 | (i) In the case of advertising revenue from | ||||||
17 | broadcasting, the customer is the advertiser and | ||||||
18 | the service is received in this State if the | ||||||
19 | commercial domicile of the advertiser is in this | ||||||
20 | State. | ||||||
21 | (ii) In the case where film or radio | ||||||
22 | programming is broadcast by a station, a network, | ||||||
23 | or a cable system for a fee or other remuneration | ||||||
24 | received from the recipient of the broadcast, the | ||||||
25 | portion of the service that is received in this | ||||||
26 | State is measured by the portion of the recipients |
| |||||||
| |||||||
1 | of the broadcast located in this State. | ||||||
2 | Accordingly, the fee or other remuneration for | ||||||
3 | such service that is included in the Illinois | ||||||
4 | numerator of the sales factor is the total of those | ||||||
5 | fees or other remuneration received from | ||||||
6 | recipients in Illinois. For purposes of this | ||||||
7 | paragraph, a taxpayer may determine the location | ||||||
8 | of the recipients of its broadcast using the | ||||||
9 | address of the recipient shown in its contracts | ||||||
10 | with the recipient or using the billing address of | ||||||
11 | the recipient in the taxpayer's records. | ||||||
12 | (iii) In the case where film or radio | ||||||
13 | programming is broadcast by a station, a network, | ||||||
14 | or a cable system for a fee or other remuneration | ||||||
15 | from the person providing the programming, the | ||||||
16 | portion of the broadcast service that is received | ||||||
17 | by such station, network, or cable system in this | ||||||
18 | State is measured by the portion of recipients of | ||||||
19 | the broadcast located in this State. Accordingly, | ||||||
20 | the amount of revenue related to such an | ||||||
21 | arrangement that is included in the Illinois | ||||||
22 | numerator of the sales factor is the total fee or | ||||||
23 | other total remuneration from the person providing | ||||||
24 | the programming related to that broadcast | ||||||
25 | multiplied by the Illinois audience factor for | ||||||
26 | that broadcast. |
| |||||||
| |||||||
1 | (iv) In the case where film or radio | ||||||
2 | programming is provided by a taxpayer that is a | ||||||
3 | network or station to a customer for broadcast in | ||||||
4 | exchange for a fee or other remuneration from that | ||||||
5 | customer the broadcasting service is received at | ||||||
6 | the location of the office of the customer from | ||||||
7 | which the services were ordered in the regular | ||||||
8 | course of the customer's trade or business. | ||||||
9 | Accordingly, in such a case the revenue derived by | ||||||
10 | the taxpayer that is included in the taxpayer's | ||||||
11 | Illinois numerator of the sales factor is the | ||||||
12 | revenue from such customers who receive the | ||||||
13 | broadcasting service in Illinois. | ||||||
14 | (v) In the case where film or radio programming | ||||||
15 | is provided by a taxpayer that is not a network or | ||||||
16 | station to another person for broadcasting in | ||||||
17 | exchange for a fee or other remuneration from that | ||||||
18 | person, the broadcasting service is received at | ||||||
19 | the location of the office of the customer from | ||||||
20 | which the services were ordered in the regular | ||||||
21 | course of the customer's trade or business. | ||||||
22 | Accordingly, in such a case the revenue derived by | ||||||
23 | the taxpayer that is included in the taxpayer's | ||||||
24 | Illinois numerator of the sales factor is the | ||||||
25 | revenue from such customers who receive the | ||||||
26 | broadcasting service in Illinois. |
| |||||||
| |||||||
1 | (B-8) Gross receipts from winnings under the Illinois | ||||||
2 | Lottery Law from the assignment of a prize under Section | ||||||
3 | 13.1 of the Illinois Lottery Law are received in this | ||||||
4 | State. This paragraph (B-8) applies only to taxable years | ||||||
5 | ending on or after December 31, 2013. | ||||||
6 | (B-9) For taxable years ending on or after December 31, | ||||||
7 | 2017, gross receipts from winnings from pari-mutuel | ||||||
8 | wagering conducted at a wagering facility licensed under | ||||||
9 | the Illinois Horse Racing Act of 1975 or from winnings from | ||||||
10 | gambling games conducted on a riverboat or in a casino or | ||||||
11 | electronic gaming facility licensed under the Illinois | ||||||
12 | Gambling Act are in this State. | ||||||
13 | (C) For taxable years ending before December 31, 2008, | ||||||
14 | sales, other than sales governed by paragraphs (B), (B-1), | ||||||
15 | (B-2), and (B-8) are in
this State if:
| ||||||
16 | (i) The income-producing activity is performed in | ||||||
17 | this State; or
| ||||||
18 | (ii) The income-producing activity is performed | ||||||
19 | both within and
without this State and a greater | ||||||
20 | proportion of the income-producing
activity is | ||||||
21 | performed within this State than without this State, | ||||||
22 | based
on performance costs.
| ||||||
23 | (C-5) For taxable years ending on or after December 31, | ||||||
24 | 2008, sales, other than sales governed by paragraphs (B), | ||||||
25 | (B-1), (B-2), (B-5), and (B-7), are in this State if any of | ||||||
26 | the following criteria are met: |
| |||||||
| |||||||
1 | (i) Sales from the sale or lease of real property | ||||||
2 | are in this State if the property is located in this | ||||||
3 | State. | ||||||
4 | (ii) Sales from the lease or rental of tangible | ||||||
5 | personal property are in this State if the property is | ||||||
6 | located in this State during the rental period. Sales | ||||||
7 | from the lease or rental of tangible personal property | ||||||
8 | that is characteristically moving property, including, | ||||||
9 | but not limited to, motor vehicles, rolling stock, | ||||||
10 | aircraft, vessels, or mobile equipment are in this | ||||||
11 | State to the extent that the property is used in this | ||||||
12 | State. | ||||||
13 | (iii) In the case of interest, net gains (but not | ||||||
14 | less than zero) and other items of income from | ||||||
15 | intangible personal property, the sale is in this State | ||||||
16 | if: | ||||||
17 | (a) in the case of a taxpayer who is a dealer | ||||||
18 | in the item of intangible personal property within | ||||||
19 | the meaning of Section 475 of the Internal Revenue | ||||||
20 | Code, the income or gain is received from a | ||||||
21 | customer in this State. For purposes of this | ||||||
22 | subparagraph, a customer is in this State if the | ||||||
23 | customer is an individual, trust or estate who is a | ||||||
24 | resident of this State and, for all other | ||||||
25 | customers, if the customer's commercial domicile | ||||||
26 | is in this State. Unless the dealer has actual |
| |||||||
| |||||||
1 | knowledge of the residence or commercial domicile | ||||||
2 | of a customer during a taxable year, the customer | ||||||
3 | shall be deemed to be a customer in this State if | ||||||
4 | the billing address of the customer, as shown in | ||||||
5 | the records of the dealer, is in this State; or | ||||||
6 | (b) in all other cases, if the | ||||||
7 | income-producing activity of the taxpayer is | ||||||
8 | performed in this State or, if the | ||||||
9 | income-producing activity of the taxpayer is | ||||||
10 | performed both within and without this State, if a | ||||||
11 | greater proportion of the income-producing | ||||||
12 | activity of the taxpayer is performed within this | ||||||
13 | State than in any other state, based on performance | ||||||
14 | costs. | ||||||
15 | (iv) Sales of services are in this State if the | ||||||
16 | services are received in this State. For the purposes | ||||||
17 | of this section, gross receipts from the performance of | ||||||
18 | services provided to a corporation, partnership, or | ||||||
19 | trust may only be attributed to a state where that | ||||||
20 | corporation, partnership, or trust has a fixed place of | ||||||
21 | business. If the state where the services are received | ||||||
22 | is not readily determinable or is a state where the | ||||||
23 | corporation, partnership, or trust receiving the | ||||||
24 | service does not have a fixed place of business, the | ||||||
25 | services shall be deemed to be received at the location | ||||||
26 | of the office of the customer from which the services |
| |||||||
| |||||||
1 | were ordered in the regular course of the customer's | ||||||
2 | trade or business. If the ordering office cannot be | ||||||
3 | determined, the services shall be deemed to be received | ||||||
4 | at the office of the customer to which the services are | ||||||
5 | billed. If the taxpayer is not taxable in the state in | ||||||
6 | which the services are received, the sale must be | ||||||
7 | excluded from both the numerator and the denominator of | ||||||
8 | the sales factor. The Department shall adopt rules | ||||||
9 | prescribing where specific types of service are | ||||||
10 | received, including, but not limited to, publishing, | ||||||
11 | and utility service.
| ||||||
12 | (D) For taxable years ending on or after December 31, | ||||||
13 | 1995, the following
items of income shall not be included | ||||||
14 | in the numerator or denominator of the
sales factor: | ||||||
15 | dividends; amounts included under Section 78 of the | ||||||
16 | Internal
Revenue Code; and Subpart F income as defined in | ||||||
17 | Section 952 of the Internal
Revenue Code.
No inference | ||||||
18 | shall be drawn from the enactment of this paragraph (D) in
| ||||||
19 | construing this Section for taxable years ending before | ||||||
20 | December 31, 1995.
| ||||||
21 | (E) Paragraphs (B-1) and (B-2) shall apply to tax years | ||||||
22 | ending on or
after December 31, 1999, provided that a | ||||||
23 | taxpayer may elect to apply the
provisions of these | ||||||
24 | paragraphs to prior tax years. Such election shall be made
| ||||||
25 | in the form and manner prescribed by the Department, shall | ||||||
26 | be irrevocable, and
shall apply to all tax years; provided |
| |||||||
| |||||||
1 | that, if a taxpayer's Illinois income
tax liability for any | ||||||
2 | tax year, as assessed under Section 903 prior to January
1, | ||||||
3 | 1999, was computed in a manner contrary to the provisions | ||||||
4 | of paragraphs
(B-1) or (B-2), no refund shall be payable to | ||||||
5 | the taxpayer for that tax year to
the extent such refund is | ||||||
6 | the result of applying the provisions of paragraph
(B-1) or | ||||||
7 | (B-2) retroactively. In the case of a unitary business | ||||||
8 | group, such
election shall apply to all members of such | ||||||
9 | group for every tax year such group
is in existence, but | ||||||
10 | shall not apply to any taxpayer for any period during
which | ||||||
11 | that taxpayer is not a member of such group.
| ||||||
12 | (b) Insurance companies.
| ||||||
13 | (1) In general. Except as otherwise
provided by | ||||||
14 | paragraph (2), business income of an insurance company for | ||||||
15 | a
taxable year shall be apportioned to this State by | ||||||
16 | multiplying such
income by a fraction, the numerator of | ||||||
17 | which is the direct premiums
written for insurance upon | ||||||
18 | property or risk in this State, and the
denominator of | ||||||
19 | which is the direct premiums written for insurance upon
| ||||||
20 | property or risk everywhere. For purposes of this | ||||||
21 | subsection, the term
"direct premiums written" means the | ||||||
22 | total amount of direct premiums
written, assessments and | ||||||
23 | annuity considerations as reported for the
taxable year on | ||||||
24 | the annual statement filed by the company with the
Illinois | ||||||
25 | Director of Insurance in the form approved by the National
| ||||||
26 | Convention of Insurance Commissioners
or such other form as |
| |||||||
| |||||||
1 | may be
prescribed in lieu thereof.
| ||||||
2 | (2) Reinsurance. If the principal source of premiums | ||||||
3 | written by an
insurance company consists of premiums for | ||||||
4 | reinsurance accepted by it,
the business income of such | ||||||
5 | company shall be apportioned to this State
by multiplying | ||||||
6 | such income by a fraction, the numerator of which is the
| ||||||
7 | sum of (i) direct premiums written for insurance upon | ||||||
8 | property or risk
in this State, plus (ii) premiums written | ||||||
9 | for reinsurance accepted in
respect of property or risk in | ||||||
10 | this State, and the denominator of which
is the sum of | ||||||
11 | (iii) direct premiums written for insurance upon property
| ||||||
12 | or risk everywhere, plus (iv) premiums written for | ||||||
13 | reinsurance accepted
in respect of property or risk | ||||||
14 | everywhere. For purposes of this
paragraph, premiums | ||||||
15 | written for reinsurance accepted in respect of
property or | ||||||
16 | risk in this State, whether or not otherwise determinable,
| ||||||
17 | may, at the election of the company, be determined on the | ||||||
18 | basis of the
proportion which premiums written for | ||||||
19 | reinsurance accepted from
companies commercially domiciled | ||||||
20 | in Illinois bears to premiums written
for reinsurance | ||||||
21 | accepted from all sources, or, alternatively, in the
| ||||||
22 | proportion which the sum of the direct premiums written for | ||||||
23 | insurance
upon property or risk in this State by each | ||||||
24 | ceding company from which
reinsurance is accepted bears to | ||||||
25 | the sum of the total direct premiums
written by each such | ||||||
26 | ceding company for the taxable year. The election made by a |
| |||||||
| |||||||
1 | company under this paragraph for its first taxable year | ||||||
2 | ending on or after December 31, 2011, shall be binding for | ||||||
3 | that company for that taxable year and for all subsequent | ||||||
4 | taxable years, and may be altered only with the written | ||||||
5 | permission of the Department, which shall not be | ||||||
6 | unreasonably withheld.
| ||||||
7 | (c) Financial organizations.
| ||||||
8 | (1) In general. For taxable years ending before | ||||||
9 | December 31, 2008, business income of a financial
| ||||||
10 | organization shall be apportioned to this State by | ||||||
11 | multiplying such
income by a fraction, the numerator of | ||||||
12 | which is its business income from
sources within this | ||||||
13 | State, and the denominator of which is its business
income | ||||||
14 | from all sources. For the purposes of this subsection, the
| ||||||
15 | business income of a financial organization from sources | ||||||
16 | within this
State is the sum of the amounts referred to in | ||||||
17 | subparagraphs (A) through
(E) following, but excluding the | ||||||
18 | adjusted income of an international banking
facility as | ||||||
19 | determined in paragraph (2):
| ||||||
20 | (A) Fees, commissions or other compensation for | ||||||
21 | financial services
rendered within this State;
| ||||||
22 | (B) Gross profits from trading in stocks, bonds or | ||||||
23 | other securities
managed within this State;
| ||||||
24 | (C) Dividends, and interest from Illinois | ||||||
25 | customers, which are received
within this State;
| ||||||
26 | (D) Interest charged to customers at places of |
| |||||||
| |||||||
1 | business maintained
within this State for carrying | ||||||
2 | debit balances of margin accounts,
without deduction | ||||||
3 | of any costs incurred in carrying such accounts; and
| ||||||
4 | (E) Any other gross income resulting from the | ||||||
5 | operation as a
financial organization within this | ||||||
6 | State. In computing the amounts
referred to in | ||||||
7 | paragraphs (A) through (E) of this subsection, any | ||||||
8 | amount
received by a member of an affiliated group | ||||||
9 | (determined under Section
1504(a) of the Internal | ||||||
10 | Revenue Code but without reference to whether
any such | ||||||
11 | corporation is an "includible corporation" under | ||||||
12 | Section
1504(b) of the Internal Revenue Code) from | ||||||
13 | another member of such group
shall be included only to | ||||||
14 | the extent such amount exceeds expenses of the
| ||||||
15 | recipient directly related thereto.
| ||||||
16 | (2) International Banking Facility. For taxable years | ||||||
17 | ending before December 31, 2008:
| ||||||
18 | (A) Adjusted Income. The adjusted income of an | ||||||
19 | international banking
facility is its income reduced | ||||||
20 | by the amount of the floor amount.
| ||||||
21 | (B) Floor Amount. The floor amount shall be the | ||||||
22 | amount, if any,
determined
by multiplying the income of | ||||||
23 | the international banking facility by a fraction,
not | ||||||
24 | greater than one, which is determined as follows:
| ||||||
25 | (i) The numerator shall be:
| ||||||
26 | The average aggregate, determined on a |
| |||||||
| |||||||
1 | quarterly basis, of the
financial
organization's | ||||||
2 | loans to banks in foreign countries, to foreign | ||||||
3 | domiciled
borrowers (except where secured | ||||||
4 | primarily by real estate) and to foreign
| ||||||
5 | governments and other foreign official | ||||||
6 | institutions, as reported for its
branches, | ||||||
7 | agencies and offices within the state on its | ||||||
8 | "Consolidated Report
of Condition", Schedule A, | ||||||
9 | Lines 2.c., 5.b., and 7.a., which was filed with
| ||||||
10 | the Federal Deposit Insurance Corporation and | ||||||
11 | other regulatory authorities,
for the year 1980, | ||||||
12 | minus
| ||||||
13 | The average aggregate, determined on a | ||||||
14 | quarterly basis, of such loans
(other
than loans of | ||||||
15 | an international banking facility), as reported by | ||||||
16 | the financial
institution for its branches, | ||||||
17 | agencies and offices within the state, on
the | ||||||
18 | corresponding Schedule and lines of the | ||||||
19 | Consolidated Report of Condition
for the current | ||||||
20 | taxable year, provided, however, that in no case | ||||||
21 | shall the
amount determined in this clause (the | ||||||
22 | subtrahend) exceed the amount determined
in the | ||||||
23 | preceding clause (the minuend); and
| ||||||
24 | (ii) the denominator shall be the average | ||||||
25 | aggregate, determined on a
quarterly basis, of the | ||||||
26 | international banking facility's loans to banks in
|
| |||||||
| |||||||
1 | foreign countries, to foreign domiciled borrowers | ||||||
2 | (except where secured
primarily by real estate) | ||||||
3 | and to foreign governments and other foreign
| ||||||
4 | official institutions, which were recorded in its | ||||||
5 | financial accounts for
the current taxable year.
| ||||||
6 | (C) Change to Consolidated Report of Condition and | ||||||
7 | in Qualification.
In the event the Consolidated Report | ||||||
8 | of Condition which is filed with the
Federal Deposit | ||||||
9 | Insurance Corporation and other regulatory authorities | ||||||
10 | is
altered so that the information required for | ||||||
11 | determining the floor amount
is not found on Schedule | ||||||
12 | A, lines 2.c., 5.b. and 7.a., the financial
institution | ||||||
13 | shall notify the Department and the Department may, by
| ||||||
14 | regulations or otherwise, prescribe or authorize the | ||||||
15 | use of an alternative
source for such information. The | ||||||
16 | financial institution shall also notify
the Department | ||||||
17 | should its international banking facility fail to | ||||||
18 | qualify as
such, in whole or in part, or should there | ||||||
19 | be any amendment or change to
the Consolidated Report | ||||||
20 | of Condition, as originally filed, to the extent
such | ||||||
21 | amendment or change alters the information used in | ||||||
22 | determining the floor
amount.
| ||||||
23 | (3) For taxable years ending on or after December 31, | ||||||
24 | 2008, the business income of a financial organization shall | ||||||
25 | be apportioned to this State by multiplying such income by | ||||||
26 | a fraction, the numerator of which is its gross receipts |
| |||||||
| |||||||
1 | from sources in this State or otherwise attributable to | ||||||
2 | this State's marketplace and the denominator of which is | ||||||
3 | its gross receipts everywhere during the taxable year. | ||||||
4 | "Gross receipts" for purposes of this subparagraph (3) | ||||||
5 | means gross income, including net taxable gain on | ||||||
6 | disposition of assets, including securities and money | ||||||
7 | market instruments, when derived from transactions and | ||||||
8 | activities in the regular course of the financial | ||||||
9 | organization's trade or business. The following examples | ||||||
10 | are illustrative:
| ||||||
11 | (i) Receipts from the lease or rental of real or | ||||||
12 | tangible personal property are in this State if the | ||||||
13 | property is located in this State during the rental | ||||||
14 | period. Receipts from the lease or rental of tangible | ||||||
15 | personal property that is characteristically moving | ||||||
16 | property, including, but not limited to, motor | ||||||
17 | vehicles, rolling stock, aircraft, vessels, or mobile | ||||||
18 | equipment are from sources in this State to the extent | ||||||
19 | that the property is used in this State. | ||||||
20 | (ii) Interest income, commissions, fees, gains on | ||||||
21 | disposition, and other receipts from assets in the | ||||||
22 | nature of loans that are secured primarily by real | ||||||
23 | estate or tangible personal property are from sources | ||||||
24 | in this State if the security is located in this State. | ||||||
25 | (iii) Interest income, commissions, fees, gains on | ||||||
26 | disposition, and other receipts from consumer loans |
| |||||||
| |||||||
1 | that are not secured by real or tangible personal | ||||||
2 | property are from sources in this State if the debtor | ||||||
3 | is a resident of this State. | ||||||
4 | (iv) Interest income, commissions, fees, gains on | ||||||
5 | disposition, and other receipts from commercial loans | ||||||
6 | and installment obligations that are not secured by | ||||||
7 | real or tangible personal property are from sources in | ||||||
8 | this State if the proceeds of the loan are to be | ||||||
9 | applied in this State. If it cannot be determined where | ||||||
10 | the funds are to be applied, the income and receipts | ||||||
11 | are from sources in this State if the office of the | ||||||
12 | borrower from which the loan was negotiated in the | ||||||
13 | regular course of business is located in this State. If | ||||||
14 | the location of this office cannot be determined, the | ||||||
15 | income and receipts shall be excluded from the | ||||||
16 | numerator and denominator of the sales factor.
| ||||||
17 | (v) Interest income, fees, gains on disposition, | ||||||
18 | service charges, merchant discount income, and other | ||||||
19 | receipts from credit card receivables are from sources | ||||||
20 | in this State if the card charges are regularly billed | ||||||
21 | to a customer in this State. | ||||||
22 | (vi) Receipts from the performance of services, | ||||||
23 | including, but not limited to, fiduciary, advisory, | ||||||
24 | and brokerage services, are in this State if the | ||||||
25 | services are received in this State within the meaning | ||||||
26 | of subparagraph (a)(3)(C-5)(iv) of this Section. |
| |||||||
| |||||||
1 | (vii) Receipts from the issuance of travelers | ||||||
2 | checks and money orders are from sources in this State | ||||||
3 | if the checks and money orders are issued from a | ||||||
4 | location within this State. | ||||||
5 | (viii) Receipts from investment assets and | ||||||
6 | activities and trading assets and activities are | ||||||
7 | included in the receipts factor as follows: | ||||||
8 | (1) Interest, dividends, net gains (but not | ||||||
9 | less than zero) and other income from investment | ||||||
10 | assets and activities from trading assets and | ||||||
11 | activities shall be included in the receipts | ||||||
12 | factor. Investment assets and activities and | ||||||
13 | trading assets and activities include but are not | ||||||
14 | limited to: investment securities; trading account | ||||||
15 | assets; federal funds; securities purchased and | ||||||
16 | sold under agreements to resell or repurchase; | ||||||
17 | options; futures contracts; forward contracts; | ||||||
18 | notional principal contracts such as swaps; | ||||||
19 | equities; and foreign currency transactions. With | ||||||
20 | respect to the investment and trading assets and | ||||||
21 | activities described in subparagraphs (A) and (B) | ||||||
22 | of this paragraph, the receipts factor shall | ||||||
23 | include the amounts described in such | ||||||
24 | subparagraphs. | ||||||
25 | (A) The receipts factor shall include the | ||||||
26 | amount by which interest from federal funds |
| |||||||
| |||||||
1 | sold and securities purchased under resale | ||||||
2 | agreements exceeds interest expense on federal | ||||||
3 | funds purchased and securities sold under | ||||||
4 | repurchase agreements. | ||||||
5 | (B) The receipts factor shall include the | ||||||
6 | amount by which interest, dividends, gains and | ||||||
7 | other income from trading assets and | ||||||
8 | activities, including but not limited to | ||||||
9 | assets and activities in the matched book, in | ||||||
10 | the arbitrage book, and foreign currency | ||||||
11 | transactions, exceed amounts paid in lieu of | ||||||
12 | interest, amounts paid in lieu of dividends, | ||||||
13 | and losses from such assets and activities. | ||||||
14 | (2) The numerator of the receipts factor | ||||||
15 | includes interest, dividends, net gains (but not | ||||||
16 | less than zero), and other income from investment | ||||||
17 | assets and activities and from trading assets and | ||||||
18 | activities described in paragraph (1) of this | ||||||
19 | subsection that are attributable to this State. | ||||||
20 | (A) The amount of interest, dividends, net | ||||||
21 | gains (but not less than zero), and other | ||||||
22 | income from investment assets and activities | ||||||
23 | in the investment account to be attributed to | ||||||
24 | this State and included in the numerator is | ||||||
25 | determined by multiplying all such income from | ||||||
26 | such assets and activities by a fraction, the |
| |||||||
| |||||||
1 | numerator of which is the gross income from | ||||||
2 | such assets and activities which are properly | ||||||
3 | assigned to a fixed place of business of the | ||||||
4 | taxpayer within this State and the denominator | ||||||
5 | of which is the gross income from all such | ||||||
6 | assets and activities. | ||||||
7 | (B) The amount of interest from federal | ||||||
8 | funds sold and purchased and from securities | ||||||
9 | purchased under resale agreements and | ||||||
10 | securities sold under repurchase agreements | ||||||
11 | attributable to this State and included in the | ||||||
12 | numerator is determined by multiplying the | ||||||
13 | amount described in subparagraph (A) of | ||||||
14 | paragraph (1) of this subsection from such | ||||||
15 | funds and such securities by a fraction, the | ||||||
16 | numerator of which is the gross income from | ||||||
17 | such funds and such securities which are | ||||||
18 | properly assigned to a fixed place of business | ||||||
19 | of the taxpayer within this State and the | ||||||
20 | denominator of which is the gross income from | ||||||
21 | all such funds and such securities. | ||||||
22 | (C) The amount of interest, dividends, | ||||||
23 | gains, and other income from trading assets and | ||||||
24 | activities, including but not limited to | ||||||
25 | assets and activities in the matched book, in | ||||||
26 | the arbitrage book and foreign currency |
| |||||||
| |||||||
1 | transactions (but excluding amounts described | ||||||
2 | in subparagraphs (A) or (B) of this paragraph), | ||||||
3 | attributable to this State and included in the | ||||||
4 | numerator is determined by multiplying the | ||||||
5 | amount described in subparagraph (B) of | ||||||
6 | paragraph (1) of this subsection by a fraction, | ||||||
7 | the numerator of which is the gross income from | ||||||
8 | such trading assets and activities which are | ||||||
9 | properly assigned to a fixed place of business | ||||||
10 | of the taxpayer within this State and the | ||||||
11 | denominator of which is the gross income from | ||||||
12 | all such assets and activities. | ||||||
13 | (D) Properly assigned, for purposes of | ||||||
14 | this paragraph (2) of this subsection, means | ||||||
15 | the investment or trading asset or activity is | ||||||
16 | assigned to the fixed place of business with | ||||||
17 | which it has a preponderance of substantive | ||||||
18 | contacts. An investment or trading asset or | ||||||
19 | activity assigned by the taxpayer to a fixed | ||||||
20 | place of business without the State shall be | ||||||
21 | presumed to have been properly assigned if: | ||||||
22 | (i) the taxpayer has assigned, in the | ||||||
23 | regular course of its business, such asset | ||||||
24 | or activity on its records to a fixed place | ||||||
25 | of business consistent with federal or | ||||||
26 | state regulatory requirements; |
| |||||||
| |||||||
1 | (ii) such assignment on its records is | ||||||
2 | based upon substantive contacts of the | ||||||
3 | asset or activity to such fixed place of | ||||||
4 | business; and | ||||||
5 | (iii) the taxpayer uses such records | ||||||
6 | reflecting assignment of such assets or | ||||||
7 | activities for the filing of all state and | ||||||
8 | local tax returns for which an assignment | ||||||
9 | of such assets or activities to a fixed | ||||||
10 | place of business is required. | ||||||
11 | (E) The presumption of proper assignment | ||||||
12 | of an investment or trading asset or activity | ||||||
13 | provided in subparagraph (D) of paragraph (2) | ||||||
14 | of this subsection may be rebutted upon a | ||||||
15 | showing by the Department, supported by a | ||||||
16 | preponderance of the evidence, that the | ||||||
17 | preponderance of substantive contacts | ||||||
18 | regarding such asset or activity did not occur | ||||||
19 | at the fixed place of business to which it was | ||||||
20 | assigned on the taxpayer's records. If the | ||||||
21 | fixed place of business that has a | ||||||
22 | preponderance of substantive contacts cannot | ||||||
23 | be determined for an investment or trading | ||||||
24 | asset or activity to which the presumption in | ||||||
25 | subparagraph (D) of paragraph (2) of this | ||||||
26 | subsection does not apply or with respect to |
| |||||||
| |||||||
1 | which that presumption has been rebutted, that | ||||||
2 | asset or activity is properly assigned to the | ||||||
3 | state in which the taxpayer's commercial | ||||||
4 | domicile is located. For purposes of this | ||||||
5 | subparagraph (E), it shall be presumed, | ||||||
6 | subject to rebuttal, that taxpayer's | ||||||
7 | commercial domicile is in the state of the | ||||||
8 | United States or the District of Columbia to | ||||||
9 | which the greatest number of employees are | ||||||
10 | regularly connected with the management of the | ||||||
11 | investment or trading income or out of which | ||||||
12 | they are working, irrespective of where the | ||||||
13 | services of such employees are performed, as of | ||||||
14 | the last day of the taxable year.
| ||||||
15 | (4) (Blank). | ||||||
16 | (5) (Blank). | ||||||
17 | (c-1) Federally regulated exchanges. For taxable years | ||||||
18 | ending on or after December 31, 2012, business income of a | ||||||
19 | federally regulated exchange shall, at the option of the | ||||||
20 | federally regulated exchange, be apportioned to this State by | ||||||
21 | multiplying such income by a fraction, the numerator of which | ||||||
22 | is its business income from sources within this State, and the | ||||||
23 | denominator of which is its business income from all sources. | ||||||
24 | For purposes of this subsection, the business income within | ||||||
25 | this State of a federally regulated exchange is the sum of the | ||||||
26 | following: |
| |||||||
| |||||||
1 | (1) Receipts attributable to transactions executed on | ||||||
2 | a physical trading floor if that physical trading floor is | ||||||
3 | located in this State. | ||||||
4 | (2) Receipts attributable to all other matching, | ||||||
5 | execution, or clearing transactions, including without | ||||||
6 | limitation receipts from the provision of matching, | ||||||
7 | execution, or clearing services to another entity, | ||||||
8 | multiplied by (i) for taxable years ending on or after | ||||||
9 | December 31, 2012 but before December 31, 2013, 63.77%; and | ||||||
10 | (ii) for taxable years ending on or after December 31, | ||||||
11 | 2013, 27.54%. | ||||||
12 | (3) All other receipts not governed by subparagraphs | ||||||
13 | (1) or (2) of this subsection (c-1), to the extent the | ||||||
14 | receipts would be characterized as "sales in this State" | ||||||
15 | under item (3) of subsection (a) of this Section. | ||||||
16 | "Federally regulated exchange" means (i) a "registered | ||||||
17 | entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B), | ||||||
18 | or (C), (ii) an "exchange" or "clearing agency" within the | ||||||
19 | meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such | ||||||
20 | entities regulated under any successor regulatory structure to | ||||||
21 | the foregoing, and (iv) all taxpayers who are members of the | ||||||
22 | same unitary business group as a federally regulated exchange, | ||||||
23 | determined without regard to the prohibition in Section | ||||||
24 | 1501(a)(27) of this Act against including in a unitary business | ||||||
25 | group taxpayers who are ordinarily required to apportion | ||||||
26 | business income under different subsections of this Section; |
| |||||||
| |||||||
1 | provided that this subparagraph (iv) shall apply only if 50% or | ||||||
2 | more of the business receipts of the unitary business group | ||||||
3 | determined by application of this subparagraph (iv) for the | ||||||
4 | taxable year are attributable to the matching, execution, or | ||||||
5 | clearing of transactions conducted by an entity described in | ||||||
6 | subparagraph (i), (ii), or (iii) of this paragraph. | ||||||
7 | In no event shall the Illinois apportionment percentage | ||||||
8 | computed in accordance with this subsection (c-1) for any | ||||||
9 | taxpayer for any tax year be less than the Illinois | ||||||
10 | apportionment percentage computed under this subsection (c-1) | ||||||
11 | for that taxpayer for the first full tax year ending on or | ||||||
12 | after December 31, 2013 for which this subsection (c-1) applied | ||||||
13 | to the taxpayer. | ||||||
14 | (d) Transportation services. For taxable years ending | ||||||
15 | before December 31, 2008, business income derived from | ||||||
16 | furnishing
transportation services shall be apportioned to | ||||||
17 | this State in accordance
with paragraphs (1) and (2):
| ||||||
18 | (1) Such business income (other than that derived from
| ||||||
19 | transportation by pipeline) shall be apportioned to this | ||||||
20 | State by
multiplying such income by a fraction, the | ||||||
21 | numerator of which is the
revenue miles of the person in | ||||||
22 | this State, and the denominator of which
is the revenue | ||||||
23 | miles of the person everywhere. For purposes of this
| ||||||
24 | paragraph, a revenue mile is the transportation of 1 | ||||||
25 | passenger or 1 net
ton of freight the distance of 1 mile | ||||||
26 | for a consideration. Where a
person is engaged in the |
| |||||||
| |||||||
1 | transportation of both passengers and freight,
the | ||||||
2 | fraction above referred to shall be determined by means of | ||||||
3 | an
average of the passenger revenue mile fraction and the | ||||||
4 | freight revenue
mile fraction, weighted to reflect the | ||||||
5 | person's
| ||||||
6 | (A) relative railway operating income from total | ||||||
7 | passenger and total
freight service, as reported to the | ||||||
8 | Interstate Commerce Commission, in
the case of | ||||||
9 | transportation by railroad, and
| ||||||
10 | (B) relative gross receipts from passenger and | ||||||
11 | freight
transportation, in case of transportation | ||||||
12 | other than by railroad.
| ||||||
13 | (2) Such business income derived from transportation | ||||||
14 | by pipeline
shall be apportioned to this State by | ||||||
15 | multiplying such income by a
fraction, the numerator of | ||||||
16 | which is the revenue miles of the person in
this State, and | ||||||
17 | the denominator of which is the revenue miles of the
person | ||||||
18 | everywhere. For the purposes of this paragraph, a revenue | ||||||
19 | mile is
the transportation by pipeline of 1 barrel of oil, | ||||||
20 | 1,000 cubic feet of
gas, or of any specified quantity of | ||||||
21 | any other substance, the distance
of 1 mile for a | ||||||
22 | consideration.
| ||||||
23 | (3) For taxable years ending on or after December 31, | ||||||
24 | 2008, business income derived from providing | ||||||
25 | transportation services other than airline services shall | ||||||
26 | be apportioned to this State by using a fraction, (a) the |
| |||||||
| |||||||
1 | numerator of which shall be (i) all receipts from any | ||||||
2 | movement or shipment of people, goods, mail, oil, gas, or | ||||||
3 | any other substance (other than by airline) that both | ||||||
4 | originates and terminates in this State, plus (ii) that | ||||||
5 | portion of the person's gross receipts from movements or | ||||||
6 | shipments of people, goods, mail, oil, gas, or any other | ||||||
7 | substance (other than by airline) that originates in one | ||||||
8 | state or jurisdiction and terminates in another state or | ||||||
9 | jurisdiction, that is determined by the ratio that the | ||||||
10 | miles traveled in this State bears to total miles | ||||||
11 | everywhere and (b) the denominator of which shall be all | ||||||
12 | revenue derived from the movement or shipment of people, | ||||||
13 | goods, mail, oil, gas, or any other substance (other than | ||||||
14 | by airline). Where a taxpayer is engaged in the | ||||||
15 | transportation of both passengers and freight, the | ||||||
16 | fraction above referred to shall first be determined | ||||||
17 | separately for passenger miles and freight miles. Then an | ||||||
18 | average of the passenger miles fraction and the freight | ||||||
19 | miles fraction shall be weighted to reflect the taxpayer's: | ||||||
20 | (A) relative railway operating income from total | ||||||
21 | passenger and total freight service, as reported to the | ||||||
22 | Surface Transportation Board, in the case of | ||||||
23 | transportation by railroad; and | ||||||
24 | (B) relative gross receipts from passenger and | ||||||
25 | freight transportation, in case of transportation | ||||||
26 | other than by railroad.
|
| |||||||
| |||||||
1 | (4) For taxable years ending on or after December 31, | ||||||
2 | 2008, business income derived from furnishing airline
| ||||||
3 | transportation services shall be apportioned to this State | ||||||
4 | by
multiplying such income by a fraction, the numerator of | ||||||
5 | which is the
revenue miles of the person in this State, and | ||||||
6 | the denominator of which
is the revenue miles of the person | ||||||
7 | everywhere. For purposes of this
paragraph, a revenue mile | ||||||
8 | is the transportation of one passenger or one net
ton of | ||||||
9 | freight the distance of one mile for a consideration. If a
| ||||||
10 | person is engaged in the transportation of both passengers | ||||||
11 | and freight,
the fraction above referred to shall be | ||||||
12 | determined by means of an
average of the passenger revenue | ||||||
13 | mile fraction and the freight revenue
mile fraction, | ||||||
14 | weighted to reflect the person's relative gross receipts | ||||||
15 | from passenger and freight
airline transportation.
| ||||||
16 | (e) Combined apportionment. Where 2 or more persons are | ||||||
17 | engaged in
a unitary business as described in subsection | ||||||
18 | (a)(27) of
Section 1501,
a part of which is conducted in this | ||||||
19 | State by one or more members of the
group, the business income | ||||||
20 | attributable to this State by any such member
or members shall | ||||||
21 | be apportioned by means of the combined apportionment method.
| ||||||
22 | (f) Alternative allocation. If the allocation and | ||||||
23 | apportionment
provisions of subsections (a) through (e) and of | ||||||
24 | subsection (h) do not, for taxable years ending before December | ||||||
25 | 31, 2008, fairly represent the
extent of a person's business | ||||||
26 | activity in this State, or, for taxable years ending on or |
| |||||||
| |||||||
1 | after December 31, 2008, fairly represent the market for the | ||||||
2 | person's goods, services, or other sources of business income, | ||||||
3 | the person may
petition for, or the Director may, without a | ||||||
4 | petition, permit or require, in respect of all or any part
of | ||||||
5 | the person's business activity, if reasonable:
| ||||||
6 | (1) Separate accounting;
| ||||||
7 | (2) The exclusion of any one or more factors;
| ||||||
8 | (3) The inclusion of one or more additional factors | ||||||
9 | which will
fairly represent the person's business | ||||||
10 | activities or market in this State; or
| ||||||
11 | (4) The employment of any other method to effectuate an | ||||||
12 | equitable
allocation and apportionment of the person's | ||||||
13 | business income.
| ||||||
14 | (g) Cross reference. For allocation of business income by | ||||||
15 | residents,
see Section 301(a).
| ||||||
16 | (h) For tax years ending on or after December 31, 1998, the | ||||||
17 | apportionment
factor of persons who apportion their business | ||||||
18 | income to this State under
subsection (a) shall be equal to:
| ||||||
19 | (1) for tax years ending on or after December 31, 1998 | ||||||
20 | and before December
31, 1999, 16 2/3% of the property | ||||||
21 | factor plus 16 2/3% of the payroll factor
plus
66 2/3% of | ||||||
22 | the sales factor;
| ||||||
23 | (2) for tax years ending on or after December 31, 1999 | ||||||
24 | and before December
31,
2000, 8 1/3% of the property factor | ||||||
25 | plus 8 1/3% of the payroll factor plus 83
1/3%
of the sales | ||||||
26 | factor;
|
| |||||||
| |||||||
1 | (3) for tax years ending on or after December 31, 2000, | ||||||
2 | the sales factor.
| ||||||
3 | If, in any tax year ending on or after December 31, 1998 and | ||||||
4 | before December
31, 2000, the denominator of the payroll, | ||||||
5 | property, or sales factor is zero,
the apportionment
factor | ||||||
6 | computed in paragraph (1) or (2) of this subsection for that | ||||||
7 | year shall
be divided by an amount equal to 100% minus the | ||||||
8 | percentage weight given to each
factor whose denominator is | ||||||
9 | equal to zero.
| ||||||
10 | (Source: P.A. 98-478, eff. 1-1-14; 98-496, eff. 1-1-14; 98-756, | ||||||
11 | eff. 7-16-14; 99-642, eff. 7-28-16; revised 11-14-16.)
| ||||||
12 | (35 ILCS 5/710) (from Ch. 120, par. 7-710)
| ||||||
13 | Sec. 710. Withholding from lottery winnings. | ||||||
14 | (a) In general. | ||||||
15 | (1) Any person
making a payment to a resident or | ||||||
16 | nonresident of winnings under the Illinois
Lottery Law and | ||||||
17 | not required to withhold Illinois income tax from such | ||||||
18 | payment
under Subsection (b) of Section 701 of this Act | ||||||
19 | because those winnings are
not subject to Federal income | ||||||
20 | tax withholding, must withhold Illinois income
tax from | ||||||
21 | such payment at a rate equal to the percentage tax rate for | ||||||
22 | individuals
provided in subsection (b) of Section 201, | ||||||
23 | provided that withholding is
not required if such payment | ||||||
24 | of winnings is less than $1,000.
| ||||||
25 | (2) In the case of an assignment of a lottery prize |
| |||||||
| |||||||
1 | under Section 13.1 of the Illinois Lottery Law, any person | ||||||
2 | making a payment of the purchase price after December 31, | ||||||
3 | 2013, shall withhold from the amount of each payment at a | ||||||
4 | rate equal to the percentage tax rate for individuals | ||||||
5 | provided in subsection (b) of Section 201. | ||||||
6 | (3) Any person making a payment after December 31, 2017 | ||||||
7 | to a resident or nonresident of
winnings from pari-mutuel | ||||||
8 | wagering conducted at a wagering facility licensed under | ||||||
9 | the Illinois Horse
Racing Act of 1975 or from gambling | ||||||
10 | games conducted on a riverboat or in a casino or electronic | ||||||
11 | gaming
facility licensed under the Illinois Gambling Act | ||||||
12 | must withhold Illinois income tax from such payment at a
| ||||||
13 | rate equal to the percentage tax rate for individuals | ||||||
14 | provided in subsection (b) of Section 201, provided that
| ||||||
15 | the person making the payment is required to withhold under | ||||||
16 | Section 3402(q) of the Internal Revenue Code. | ||||||
17 | (b) Credit for taxes withheld. Any amount withheld under | ||||||
18 | Subsection (a)
shall be a credit against the Illinois income | ||||||
19 | tax liability of the person
to whom the payment of winnings was | ||||||
20 | made for the taxable year in which that
person incurred an | ||||||
21 | Illinois income tax liability with respect to those winnings.
| ||||||
22 | (Source: P.A. 98-496, eff. 1-1-14.)
| ||||||
23 | Section 90-23. The Property Tax Code is amended by adding | ||||||
24 | Section 15-144 as follows: |
| |||||||
| |||||||
1 | (35 ILCS 200/15-144 new) | ||||||
2 | Sec. 15-144. Chicago Casino Development Authority. All | ||||||
3 | property owned by the Chicago Casino Development Authority is | ||||||
4 | exempt. Any property owned by the Chicago Casino Development | ||||||
5 | Authority and leased to any other entity is not exempt. | ||||||
6 | Section 90-24. The Illinois Municipal Code is amended by | ||||||
7 | adding Section 8-10-2.6 as follows: | ||||||
8 | (65 ILCS 5/8-10-2.6 new) | ||||||
9 | Sec. 8-10-2.6. Chicago Casino Development Authority. | ||||||
10 | Except as otherwise provided in the Chicago Casino Development | ||||||
11 | Authority Act, this Division 10 applies to purchase orders and | ||||||
12 | contracts relating to the Chicago Casino Development | ||||||
13 | Authority. | ||||||
14 | Section 90-25. The Joliet Regional Port District Act is | ||||||
15 | amended by changing Section 5.1 as follows:
| ||||||
16 | (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
| ||||||
17 | Sec. 5.1. Riverboat and casino gambling. Notwithstanding | ||||||
18 | any other provision of
this Act, the District may not regulate | ||||||
19 | the operation, conduct, or
navigation of any riverboat gambling | ||||||
20 | casino licensed under the Illinois Riverboat
Gambling Act, and | ||||||
21 | the District
may not license, tax, or otherwise levy any | ||||||
22 | assessment of any kind on
any riverboat gambling casino |
| |||||||
| |||||||
1 | licensed under the Illinois Riverboat Gambling Act. The
General | ||||||
2 | Assembly declares that the powers to regulate the operation,
| ||||||
3 | conduct, and navigation of riverboat gambling casinos and to | ||||||
4 | license, tax,
and levy assessments upon riverboat gambling | ||||||
5 | casinos are exclusive powers of
the State of Illinois and the | ||||||
6 | Illinois Gaming Board as provided in the
Illinois Riverboat | ||||||
7 | Gambling Act.
| ||||||
8 | (Source: P.A. 87-1175.)
| ||||||
9 | Section 90-30. The Consumer Installment Loan Act is amended | ||||||
10 | by changing Section 12.5 as follows:
| ||||||
11 | (205 ILCS 670/12.5)
| ||||||
12 | Sec. 12.5. Limited purpose branch.
| ||||||
13 | (a) Upon the written approval of the Director, a licensee | ||||||
14 | may maintain a
limited purpose branch for the sole purpose of | ||||||
15 | making loans as permitted by
this Act. A limited purpose branch | ||||||
16 | may include an automatic loan machine. No
other activity shall | ||||||
17 | be conducted at the site, including but not limited to,
| ||||||
18 | accepting payments, servicing the accounts, or collections.
| ||||||
19 | (b) The licensee must submit an application for a limited | ||||||
20 | purpose branch to
the Director on forms prescribed by the | ||||||
21 | Director with an application fee of
$300. The approval for the | ||||||
22 | limited purpose branch must be renewed concurrently
with the | ||||||
23 | renewal of the licensee's license along with a renewal fee of | ||||||
24 | $300 for
the limited purpose branch.
|
| |||||||
| |||||||
1 | (c) The books, accounts, records, and files of the limited | ||||||
2 | purpose branch's
transactions shall be maintained at the | ||||||
3 | licensee's licensed location. The
licensee shall notify the | ||||||
4 | Director of the licensed location at which the books,
accounts, | ||||||
5 | records, and files shall be maintained.
| ||||||
6 | (d) The licensee shall prominently display at the limited | ||||||
7 | purpose branch the
address and telephone number of the | ||||||
8 | licensee's licensed location.
| ||||||
9 | (e) No other business shall be conducted at the site of the | ||||||
10 | limited purpose
branch unless authorized by the Director.
| ||||||
11 | (f) The Director shall make and enforce reasonable rules | ||||||
12 | for the conduct of
a limited purpose branch.
| ||||||
13 | (g) A limited purpose branch may not be located
within | ||||||
14 | 1,000 feet of a facility operated by an inter-track wagering | ||||||
15 | licensee or
an organization licensee subject to the Illinois | ||||||
16 | Horse Racing Act of 1975,
on a riverboat or in a casino subject | ||||||
17 | to
the Illinois Riverboat Gambling Act, or within 1,000 feet of | ||||||
18 | the location at which the
riverboat docks or within 1,000 feet | ||||||
19 | of a casino .
| ||||||
20 | (Source: P.A. 90-437, eff. 1-1-98.)
| ||||||
21 | Section 90-35. The Illinois Horse Racing Act of 1975 is | ||||||
22 | amended by changing Sections 1.2, 3.11, 3.12, 6, 9, 15, 18, 19, | ||||||
23 | 20, 21, 24, 25, 26, 27, 30, 30.5, 31, 31.1, 32.1, 36, 40, and | ||||||
24 | 54.75 and by adding Sections 3.31, 3.32, 3.33, 3.35, 3.36, | ||||||
25 | 34.3, 39.2, and 56 as follows:
|
| |||||||
| |||||||
1 | (230 ILCS 5/1.2)
| ||||||
2 | Sec. 1.2. Legislative intent. This Act is intended to | ||||||
3 | benefit the people of the State of Illinois by
encouraging the | ||||||
4 | breeding and production of race horses, assisting economic
| ||||||
5 | development and promoting Illinois tourism.
The General | ||||||
6 | Assembly finds and declares it to be the public policy
of the | ||||||
7 | State
of Illinois to:
| ||||||
8 | (a) support and enhance Illinois' horse racing industry, | ||||||
9 | which is a
significant
component within the agribusiness | ||||||
10 | industry;
| ||||||
11 | (b) ensure that Illinois' horse racing industry remains | ||||||
12 | competitive with
neighboring states;
| ||||||
13 | (c) stimulate growth within Illinois' horse racing | ||||||
14 | industry, thereby
encouraging
new investment and development | ||||||
15 | to produce additional tax revenues and to
create additional | ||||||
16 | jobs;
| ||||||
17 | (d) promote the further growth of tourism;
| ||||||
18 | (e) encourage the breeding of thoroughbred and | ||||||
19 | standardbred horses in this
State; and
| ||||||
20 | (f) ensure that public confidence and trust in the | ||||||
21 | credibility and integrity
of
racing operations and the | ||||||
22 | regulatory process is maintained.
| ||||||
23 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
24 | (230 ILCS 5/3.11) (from Ch. 8, par. 37-3.11)
|
| |||||||
| |||||||
1 | Sec. 3.11.
"Organization Licensee" means any person | ||||||
2 | receiving
an organization license from the Board to conduct a | ||||||
3 | race meeting or meetings. With respect only to electronic | ||||||
4 | gaming, "organization licensee" includes the authorization for | ||||||
5 | an electronic gaming license under subsection (a) of Section 56 | ||||||
6 | of this Act.
| ||||||
7 | (Source: P.A. 79-1185.)
| ||||||
8 | (230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
| ||||||
9 | Sec. 3.12. Pari-mutuel system of
wagering.
"Pari-mutuel | ||||||
10 | system of
wagering" means a form of wagering on the outcome of
| ||||||
11 | horse races in which
wagers are made in various
denominations | ||||||
12 | on a horse or horses
and
all wagers for each race are pooled | ||||||
13 | and held by a licensee
for distribution in a manner approved by | ||||||
14 | the Board. "Pari-mutuel system of wagering" shall not include | ||||||
15 | wagering on historic races. Wagers may be placed via any method | ||||||
16 | or at any location authorized under this Act.
| ||||||
17 | (Source: P.A. 96-762, eff. 8-25-09.)
| ||||||
18 | (230 ILCS 5/3.31 new) | ||||||
19 | Sec. 3.31. Adjusted gross receipts. "Adjusted gross | ||||||
20 | receipts" means the gross receipts less winnings paid to | ||||||
21 | wagerers. | ||||||
22 | (230 ILCS 5/3.32 new) | ||||||
23 | Sec. 3.32. Gross receipts. "Gross receipts" means the total |
| |||||||
| |||||||
1 | amount of money exchanged for the purchase of chips, tokens, or | ||||||
2 | electronic cards by riverboat or casino patrons or electronic | ||||||
3 | gaming patrons. | ||||||
4 | (230 ILCS 5/3.33 new) | ||||||
5 | Sec. 3.33. Electronic gaming. "Electronic gaming" means | ||||||
6 | slot machine gambling, video game of chance gambling, or | ||||||
7 | gambling with electronic gambling games as defined in the | ||||||
8 | Illinois Gambling Act or defined by the Illinois Gaming Board | ||||||
9 | that is conducted at a race track pursuant to an electronic | ||||||
10 | gaming license. | ||||||
11 | (230 ILCS 5/3.35 new) | ||||||
12 | Sec. 3.35. Electronic gaming license. "Electronic gaming | ||||||
13 | license" means a license issued by the Illinois Gaming Board | ||||||
14 | under Section 7.7 of the Illinois Gambling Act authorizing | ||||||
15 | electronic gaming at an electronic gaming facility. | ||||||
16 | (230 ILCS 5/3.36 new) | ||||||
17 | Sec. 3.36. Electronic gaming facility. "Electronic gaming | ||||||
18 | facility" means that portion of an organization licensee's race | ||||||
19 | track facility at which electronic gaming is conducted.
| ||||||
20 | (230 ILCS 5/6) (from Ch. 8, par. 37-6)
| ||||||
21 | Sec. 6. Restrictions on Board members. | ||||||
22 | (a) No person shall be appointed a member of the Board or |
| |||||||
| |||||||
1 | continue to be a member of the Board if the person or any | ||||||
2 | member of their immediate family is a member of the Board of | ||||||
3 | Directors, employee, or financially interested in any of the | ||||||
4 | following: (i) any licensee or other person who has applied for | ||||||
5 | racing dates to the Board, or the operations thereof including, | ||||||
6 | but not limited to, concessions, data processing, track | ||||||
7 | maintenance, track security, and pari-mutuel operations, | ||||||
8 | located, scheduled or doing business within the State of | ||||||
9 | Illinois, (ii) any race horse competing at a meeting under the | ||||||
10 | Board's jurisdiction, or (iii) any licensee under the Illinois | ||||||
11 | Gambling Act. No person shall be appointed a member of the | ||||||
12 | Board or continue
to be
a member of the Board who is (or any | ||||||
13 | member of whose family is) a member of the
Board of Directors | ||||||
14 | of, or who is a person financially interested in, any
licensee | ||||||
15 | or other person who has applied for racing dates to the
Board, | ||||||
16 | or the operations thereof including, but not
limited to, | ||||||
17 | concessions, data
processing, track maintenance, track | ||||||
18 | security and pari-mutuel operations,
located, scheduled
or | ||||||
19 | doing business within the State of Illinois, or in any race | ||||||
20 | horse competing
at a meeting
under the Board's jurisdiction. No | ||||||
21 | Board member shall hold any other public
office for which he
| ||||||
22 | shall receive compensation other than necessary travel or other | ||||||
23 | incidental
expenses.
| ||||||
24 | (b) No person shall be a member of the Board who is not of | ||||||
25 | good moral
character or who
has been convicted of, or is under | ||||||
26 | indictment for, a felony under the laws
of Illinois or any
|
| |||||||
| |||||||
1 | other state, or the United States.
| ||||||
2 | (c) No member of the Board or employee shall engage in any | ||||||
3 | political activity. | ||||||
4 | For the purposes of this subsection (c): | ||||||
5 | "Political" means any activity in support of or in | ||||||
6 | connection with any campaign for State or local elective office | ||||||
7 | or any political organization, but does not include activities | ||||||
8 | (i) relating to the support or opposition of any executive, | ||||||
9 | legislative, or administrative action (as those terms are | ||||||
10 | defined in Section 2 of the Lobbyist Registration Act), (ii) | ||||||
11 | relating to collective bargaining, or (iii) that are otherwise | ||||||
12 | in furtherance of the person's official State duties or | ||||||
13 | governmental and public service functions. | ||||||
14 | "Political organization" means a party, committee, | ||||||
15 | association, fund, or other organization (whether or not | ||||||
16 | incorporated) that is required to file a statement of | ||||||
17 | organization with the State Board of Elections or county clerk | ||||||
18 | under Section 9-3 of the Election Code, but only with regard to | ||||||
19 | those activities that require filing with the State Board of | ||||||
20 | Elections or county clerk. | ||||||
21 | (d) Board members and employees may not engage in | ||||||
22 | communications or any activity that may cause or have the | ||||||
23 | appearance of causing a conflict of interest. A conflict of | ||||||
24 | interest exists if a situation influences or creates the | ||||||
25 | appearance that it may influence judgment or performance of | ||||||
26 | regulatory duties and responsibilities. This prohibition shall |
| |||||||
| |||||||
1 | extend to any act identified by Board action that, in the | ||||||
2 | judgment of the Board, could represent the potential for or the | ||||||
3 | appearance of a conflict of interest. | ||||||
4 | (e) Board members and employees may not accept any gift, | ||||||
5 | gratuity, service, compensation, travel, lodging, or thing of | ||||||
6 | value, with the exception of unsolicited items of an incidental | ||||||
7 | nature, from any person, corporation, limited liability | ||||||
8 | company, or entity doing business with the Board. | ||||||
9 | (f) A Board member or employee shall not use or attempt to | ||||||
10 | use his or her official position to secure, or attempt to | ||||||
11 | secure, any privilege, advantage, favor, or influence for | ||||||
12 | himself or herself or others. No Board member or employee, | ||||||
13 | within a period of one year immediately preceding nomination by | ||||||
14 | the Governor or employment, shall have been employed or | ||||||
15 | received compensation or fees for services from a person or | ||||||
16 | entity, or its parent or affiliate, that has engaged in | ||||||
17 | business with the Board, a licensee or a licensee under the | ||||||
18 | Illinois Gambling Act. In addition, all Board members and | ||||||
19 | employees are subject to the restrictions set forth in Section | ||||||
20 | 5-45 of the State Officials and Employees Ethics Act. | ||||||
21 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
22 | (230 ILCS 5/9) (from Ch. 8, par. 37-9)
| ||||||
23 | Sec. 9.
The Board shall have all powers necessary and | ||||||
24 | proper to fully and
effectively execute the provisions of this | ||||||
25 | Act, including, but not
limited to, the following:
|
| |||||||
| |||||||
1 | (a) The Board is vested with jurisdiction and supervision | ||||||
2 | over all race
meetings in this State, over all licensees doing | ||||||
3 | business
in this
State, over all occupation licensees, and over | ||||||
4 | all persons on the
facilities of any licensee. Such | ||||||
5 | jurisdiction shall
include the power to issue licenses to the | ||||||
6 | Illinois Department of
Agriculture authorizing the pari-mutuel | ||||||
7 | system of wagering
on harness and Quarter Horse races held (1) | ||||||
8 | at the Illinois State Fair in
Sangamon County, and (2) at the | ||||||
9 | DuQuoin State Fair in Perry County. The
jurisdiction of the | ||||||
10 | Board shall also include the power to issue licenses to
county | ||||||
11 | fairs which are eligible to receive funds pursuant to the
| ||||||
12 | Agricultural Fair Act, as now or hereafter amended, or their | ||||||
13 | agents,
authorizing the pari-mutuel system of wagering on horse
| ||||||
14 | races
conducted at the county fairs receiving such licenses. | ||||||
15 | Such licenses shall be
governed by subsection (n) of this | ||||||
16 | Section.
| ||||||
17 | Upon application, the Board shall issue a license to the | ||||||
18 | Illinois Department
of Agriculture to conduct harness and | ||||||
19 | Quarter Horse races at the Illinois State
Fair and at the | ||||||
20 | DuQuoin State Fairgrounds
during the scheduled dates of each | ||||||
21 | fair. The Board shall not require and the
Department of | ||||||
22 | Agriculture shall be exempt from the requirements of Sections
| ||||||
23 | 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), | ||||||
24 | (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 | ||||||
25 | and 25. The Board and the Department
of
Agriculture may extend | ||||||
26 | any or all of these exemptions to any contractor or
agent |
| |||||||
| |||||||
1 | engaged by the Department of Agriculture to conduct its race | ||||||
2 | meetings
when the Board determines that this would best serve | ||||||
3 | the public interest and
the interest of horse racing.
| ||||||
4 | Notwithstanding any provision of law to the contrary, it | ||||||
5 | shall be lawful for
any licensee to operate pari-mutuel | ||||||
6 | wagering
or
contract with the Department of Agriculture to | ||||||
7 | operate pari-mutuel wagering at
the DuQuoin State Fairgrounds | ||||||
8 | or for the Department to enter into contracts
with a licensee, | ||||||
9 | employ its owners,
employees
or
agents and employ such other | ||||||
10 | occupation licensees as the Department deems
necessary in | ||||||
11 | connection with race meetings and wagerings.
| ||||||
12 | (b) The Board is vested with the full power to promulgate | ||||||
13 | reasonable
rules and regulations for the purpose of | ||||||
14 | administering the provisions of
this Act and to prescribe | ||||||
15 | reasonable rules, regulations and conditions
under which all | ||||||
16 | horse race meetings or wagering in the State shall be
| ||||||
17 | conducted. Such reasonable rules and regulations are to provide | ||||||
18 | for the
prevention of practices detrimental to the public | ||||||
19 | interest and to promote the best
interests of horse racing and | ||||||
20 | to impose penalties for violations thereof.
| ||||||
21 | (c) The Board, and any person or persons to whom it | ||||||
22 | delegates
this power, is vested with the power to enter the | ||||||
23 | facilities and other places of business of any licensee to | ||||||
24 | determine whether there has been compliance with
the provisions | ||||||
25 | of this Act and its rules and regulations.
| ||||||
26 | (d) The Board, and any person or persons to whom it |
| |||||||
| |||||||
1 | delegates this
power, is vested with the authority to | ||||||
2 | investigate alleged violations of
the provisions of this Act, | ||||||
3 | its reasonable rules and regulations, orders
and final | ||||||
4 | decisions; the Board shall take appropriate disciplinary | ||||||
5 | action
against any licensee or occupation licensee for | ||||||
6 | violation
thereof or
institute appropriate legal action for the | ||||||
7 | enforcement thereof.
| ||||||
8 | (e) The Board, and any person or persons to whom it | ||||||
9 | delegates this power,
may eject or exclude from any race | ||||||
10 | meeting or
the facilities of any licensee, or any part
thereof, | ||||||
11 | any occupation licensee or any
other individual whose conduct | ||||||
12 | or reputation is such that his presence on
those facilities | ||||||
13 | may, in the opinion of the Board, call into question
the | ||||||
14 | honesty and integrity of horse racing or wagering or interfere | ||||||
15 | with the
orderly
conduct of horse racing or wagering; provided, | ||||||
16 | however, that no person
shall be
excluded or ejected from the | ||||||
17 | facilities of any licensee solely on the grounds of
race, | ||||||
18 | color, creed, national origin, ancestry, or sex. The power to | ||||||
19 | eject
or exclude an occupation licensee or other individual may
| ||||||
20 | be exercised for just cause by the licensee or the Board, | ||||||
21 | subject to subsequent hearing by the
Board as to the propriety | ||||||
22 | of said exclusion.
| ||||||
23 | (f) The Board is vested with the power to acquire,
| ||||||
24 | establish, maintain and operate (or provide by contract to
| ||||||
25 | maintain and operate) testing laboratories and related | ||||||
26 | facilities,
for the purpose of conducting saliva, blood, urine |
| |||||||
| |||||||
1 | and other tests on the
horses run or to be run in any horse race | ||||||
2 | meeting , including races run at county fairs, and to purchase | ||||||
3 | all
equipment and supplies deemed necessary or desirable in | ||||||
4 | connection with
any such testing laboratories and related | ||||||
5 | facilities and all such tests.
| ||||||
6 | (g) The Board may require that the records, including | ||||||
7 | financial or other
statements of any licensee or any person | ||||||
8 | affiliated with the licensee who is
involved directly or | ||||||
9 | indirectly in the activities of any licensee as regulated
under | ||||||
10 | this Act to the extent that those financial or other statements | ||||||
11 | relate to
such activities be kept in
such manner as prescribed | ||||||
12 | by the Board, and that Board employees shall have
access to | ||||||
13 | those records during reasonable business
hours. Within 120 days | ||||||
14 | of the end of its fiscal year, each licensee shall
transmit to
| ||||||
15 | the Board
an audit of the financial transactions and condition | ||||||
16 | of the licensee's total
operations. All audits shall be | ||||||
17 | conducted by certified public accountants.
Each certified | ||||||
18 | public accountant must be registered in the State of Illinois
| ||||||
19 | under the Illinois Public Accounting Act. The compensation for | ||||||
20 | each certified
public accountant shall be paid directly by the | ||||||
21 | licensee to the certified
public accountant. A licensee shall | ||||||
22 | also submit any other financial or related
information the | ||||||
23 | Board deems necessary to effectively administer this Act and
| ||||||
24 | all rules, regulations, and final decisions promulgated under | ||||||
25 | this Act.
| ||||||
26 | (h) The Board shall name and appoint in the manner provided |
| |||||||
| |||||||
1 | by the rules
and regulations of the Board: an Executive | ||||||
2 | Director; a State director
of mutuels; State veterinarians and | ||||||
3 | representatives to take saliva, blood,
urine and other tests on | ||||||
4 | horses; licensing personnel; revenue
inspectors; and State | ||||||
5 | seasonal employees (excluding admission ticket
sellers and | ||||||
6 | mutuel clerks). All of those named and appointed as provided
in | ||||||
7 | this subsection shall serve during the pleasure of the Board; | ||||||
8 | their
compensation shall be determined by the Board and be paid | ||||||
9 | in the same
manner as other employees of the Board under this | ||||||
10 | Act.
| ||||||
11 | (i) The Board shall require that there shall be 3 stewards | ||||||
12 | at each horse
race meeting, at least 2 of whom shall be named | ||||||
13 | and appointed by the Board.
Stewards appointed or approved by | ||||||
14 | the Board, while performing duties
required by this Act or by | ||||||
15 | the Board, shall be entitled to the same rights
and immunities | ||||||
16 | as granted to Board members and Board employees in Section
10 | ||||||
17 | of this Act.
| ||||||
18 | (j) The Board may discharge any Board employee
who fails or | ||||||
19 | refuses for any reason to comply with the rules and
regulations | ||||||
20 | of the Board, or who, in the opinion of the Board,
is guilty of | ||||||
21 | fraud, dishonesty or who is proven to be incompetent.
The Board | ||||||
22 | shall have no right or power to determine who shall be | ||||||
23 | officers,
directors or employees of any licensee, or their | ||||||
24 | salaries
except the Board may, by rule, require that all or any | ||||||
25 | officials or
employees in charge of or whose duties relate to | ||||||
26 | the actual running of
races be approved by the Board.
|
| |||||||
| |||||||
1 | (k) The Board is vested with the power to appoint
delegates | ||||||
2 | to execute any of the powers granted to it under this Section
| ||||||
3 | for the purpose of administering this Act and any rules or | ||||||
4 | regulations
promulgated in accordance with this Act.
| ||||||
5 | (l) The Board is vested with the power to impose civil | ||||||
6 | penalties of up to
$5,000 against an individual and up to | ||||||
7 | $10,000 against a
licensee for each
violation of any provision | ||||||
8 | of this Act, any rules adopted by the Board, any
order of the | ||||||
9 | Board or any other action which, in the Board's discretion, is
| ||||||
10 | a detriment or impediment to horse racing or wagering. | ||||||
11 | Beginning on the date when any organization licensee begins | ||||||
12 | conducting electronic gaming pursuant to an electronic gaming | ||||||
13 | license issued under the Illinois Gambling Act, the power | ||||||
14 | granted to the Board pursuant to this subsection (l) shall | ||||||
15 | authorize the Board to impose penalties of up to $10,000 | ||||||
16 | against an individual and up to $25,000 against a licensee. All | ||||||
17 | such civil penalties shall be deposited into the Horse Racing | ||||||
18 | Fund.
| ||||||
19 | (m) The Board is vested with the power to prescribe a form | ||||||
20 | to be used
by licensees as an application for employment for | ||||||
21 | employees of
each licensee.
| ||||||
22 | (n) The Board shall have the power to issue a license
to | ||||||
23 | any county fair, or its
agent, authorizing the conduct of the | ||||||
24 | pari-mutuel system of
wagering. The Board is vested with the | ||||||
25 | full power to promulgate
reasonable rules, regulations and | ||||||
26 | conditions under which all horse race
meetings licensed |
| |||||||
| |||||||
1 | pursuant to this subsection shall be held and conducted,
| ||||||
2 | including rules, regulations and conditions for the conduct of | ||||||
3 | the
pari-mutuel system of wagering. The rules, regulations and
| ||||||
4 | conditions shall provide for the prevention of practices | ||||||
5 | detrimental to the
public interest and for the best interests | ||||||
6 | of horse racing, and shall
prescribe penalties for violations | ||||||
7 | thereof. Any authority granted the
Board under this Act shall | ||||||
8 | extend to its jurisdiction and supervision over
county fairs, | ||||||
9 | or their agents, licensed pursuant to this subsection.
However, | ||||||
10 | the Board may waive any provision of this Act or its rules or
| ||||||
11 | regulations which would otherwise apply to such county fairs or | ||||||
12 | their agents.
| ||||||
13 | (o) Whenever the Board is authorized or
required by law to | ||||||
14 | consider some aspect of criminal history record
information for | ||||||
15 | the purpose of carrying out its statutory powers and
| ||||||
16 | responsibilities, then, upon request and payment of fees in | ||||||
17 | conformance
with the requirements of Section 2605-400 of
the | ||||||
18 | Department of State Police Law (20 ILCS 2605/2605-400), the | ||||||
19 | Department of State Police is
authorized to furnish, pursuant | ||||||
20 | to positive identification, such
information contained in | ||||||
21 | State files as is necessary to fulfill the request.
| ||||||
22 | (p) To insure the convenience, comfort, and wagering | ||||||
23 | accessibility of
race track patrons, to provide for the | ||||||
24 | maximization of State revenue, and
to generate increases in | ||||||
25 | purse allotments to the horsemen, the Board shall
require any | ||||||
26 | licensee to staff the pari-mutuel department with
adequate |
| |||||||
| |||||||
1 | personnel.
| ||||||
2 | (Source: P.A. 97-1060, eff. 8-24-12.)
| ||||||
3 | (230 ILCS 5/15) (from Ch. 8, par. 37-15)
| ||||||
4 | Sec. 15.
(a) The Board shall, in its discretion, issue | ||||||
5 | occupation
licenses
to horse owners, trainers, harness | ||||||
6 | drivers, jockeys, agents, apprentices,
grooms, stable foremen, | ||||||
7 | exercise persons, veterinarians, valets, blacksmiths,
| ||||||
8 | concessionaires and others designated by the Board whose work, | ||||||
9 | in whole or in
part, is conducted upon facilities within the | ||||||
10 | State. Such occupation licenses
will
be obtained prior to the
| ||||||
11 | persons engaging in their vocation upon such facilities. The
| ||||||
12 | Board shall not license pari-mutuel clerks, parking | ||||||
13 | attendants, security
guards and employees of concessionaires. | ||||||
14 | No occupation license shall be
required of
any person who works | ||||||
15 | at facilities within this
State as a pari-mutuel
clerk, parking | ||||||
16 | attendant, security guard or as an employee of a | ||||||
17 | concessionaire.
Concessionaires of the Illinois State Fair and | ||||||
18 | DuQuoin State Fair and
employees of the Illinois Department of | ||||||
19 | Agriculture shall not be required to
obtain an occupation | ||||||
20 | license by the Board.
| ||||||
21 | (b) Each application for an occupation license shall be on | ||||||
22 | forms
prescribed by the Board. Such license, when issued, shall | ||||||
23 | be for the
period ending December 31 of each year, except that | ||||||
24 | the Board in its
discretion may grant 3-year licenses. The | ||||||
25 | application shall
be accompanied
by a fee of not more than $25 |
| |||||||
| |||||||
1 | per year
or, in the case of 3-year occupation
license
| ||||||
2 | applications, a fee of not more than $60. Each applicant shall | ||||||
3 | set forth in
the application his full name and address, and if | ||||||
4 | he had been issued prior
occupation licenses or has been | ||||||
5 | licensed in any other state under any other
name, such name, | ||||||
6 | his age, whether or not a permit or license issued to him
in | ||||||
7 | any other state has been suspended or revoked and if so whether | ||||||
8 | such
suspension or revocation is in effect at the time of the | ||||||
9 | application, and
such other information as the Board may | ||||||
10 | require. Fees for registration of
stable names shall not exceed | ||||||
11 | $50.00. Beginning on the date when any organization licensee | ||||||
12 | begins conducting electronic gaming pursuant to an electronic | ||||||
13 | gambling license issued under the Illinois Gambling Act, the | ||||||
14 | fee for registration of stable names shall not exceed $150, and | ||||||
15 | the application fee for an occupation license shall not exceed | ||||||
16 | $75, per year or, in the case of a 3-year occupation license | ||||||
17 | application, the fee shall not exceed $180.
| ||||||
18 | (c) The Board may in its discretion refuse an occupation | ||||||
19 | license
to any person:
| ||||||
20 | (1) who has been convicted of a crime;
| ||||||
21 | (2) who is unqualified to perform the duties required | ||||||
22 | of such applicant;
| ||||||
23 | (3) who fails to disclose or states falsely any | ||||||
24 | information called for
in the application;
| ||||||
25 | (4) who has been found guilty of a violation of this | ||||||
26 | Act or of the rules
and regulations of the Board; or
|
| |||||||
| |||||||
1 | (5) whose license or permit has been suspended, revoked | ||||||
2 | or denied for just
cause in any other state.
| ||||||
3 | (d) The Board may suspend or revoke any occupation license:
| ||||||
4 | (1) for violation of any of the provisions of this Act; | ||||||
5 | or
| ||||||
6 | (2) for violation of any of the rules or regulations of | ||||||
7 | the Board; or
| ||||||
8 | (3) for any cause which, if known to the Board, would | ||||||
9 | have justified the
Board in refusing to issue such | ||||||
10 | occupation license; or
| ||||||
11 | (4) for any other just cause.
| ||||||
12 | (e)
Each applicant shall submit his or her fingerprints | ||||||
13 | to the
Department
of State Police in the form and manner | ||||||
14 | prescribed by the Department of State
Police. These | ||||||
15 | fingerprints shall be checked against the fingerprint records
| ||||||
16 | now and hereafter filed in the Department of State
Police and | ||||||
17 | Federal Bureau of Investigation criminal history records
| ||||||
18 | databases. The Department of State Police shall charge
a fee | ||||||
19 | for conducting the criminal history records check, which shall | ||||||
20 | be
deposited in the State Police Services Fund and shall not | ||||||
21 | exceed the actual
cost of the records check. The Department of | ||||||
22 | State Police shall furnish,
pursuant to positive | ||||||
23 | identification, records of conviction to the Board.
Each | ||||||
24 | applicant for licensure shall submit with his occupation
| ||||||
25 | license
application, on forms provided by the Board, 2 sets of | ||||||
26 | his fingerprints.
All such applicants shall appear in person at |
| |||||||
| |||||||
1 | the location designated by
the Board for the purpose of | ||||||
2 | submitting such sets of fingerprints; however,
with the prior | ||||||
3 | approval of a State steward, an applicant may have such sets
of | ||||||
4 | fingerprints taken by an official law enforcement agency and | ||||||
5 | submitted to
the Board.
| ||||||
6 | (f) The Board may, in its discretion, issue an occupation | ||||||
7 | license without
submission of fingerprints if an applicant has | ||||||
8 | been duly licensed in another
recognized racing jurisdiction | ||||||
9 | after submitting fingerprints that were
subjected to a Federal | ||||||
10 | Bureau of Investigation criminal history background
check
in
| ||||||
11 | that jurisdiction.
| ||||||
12 | (g) Beginning on the date when any organization licensee | ||||||
13 | begins conducting electronic gambling pursuant to an | ||||||
14 | electronic gaming license issued under the Illinois Gambling | ||||||
15 | Act, the Board may charge each applicant a reasonable | ||||||
16 | non-refundable fee to defray the costs associated with the | ||||||
17 | background investigation conducted by the Board. This fee shall | ||||||
18 | be exclusive of any other fee or fees charged in connection | ||||||
19 | with an application for and, if applicable, the issuance of, an | ||||||
20 | electronic gaming license. If the costs of the investigation | ||||||
21 | exceed the amount of the fee charged, the Board shall | ||||||
22 | immediately notify the applicant of the additional amount owed, | ||||||
23 | payment of which must be submitted to the Board within 7 days | ||||||
24 | after such notification. All information, records, interviews, | ||||||
25 | reports, statements, memoranda, or other data supplied to or | ||||||
26 | used by the Board in the course of its review or investigation |
| |||||||
| |||||||
1 | of an applicant for a license or renewal under this Act shall | ||||||
2 | be privileged, strictly confidential, and shall be used only | ||||||
3 | for the purpose of evaluating an applicant for a license or a | ||||||
4 | renewal. Such information, records, interviews, reports, | ||||||
5 | statements, memoranda, or other data shall not be admissible as | ||||||
6 | evidence, nor discoverable, in any action of any kind in any | ||||||
7 | court or before any tribunal, board, agency, or person, except | ||||||
8 | for any action deemed necessary by the Board. | ||||||
9 | (Source: P.A. 93-418, eff. 1-1-04.)
| ||||||
10 | (230 ILCS 5/18) (from Ch. 8, par. 37-18)
| ||||||
11 | Sec. 18.
(a) Together with its application, each applicant | ||||||
12 | for racing dates
shall deliver to the Board a certified check | ||||||
13 | or bank draft payable to the order
of the Board for $1,000. In | ||||||
14 | the event the applicant applies for racing dates
in 2 or 3 | ||||||
15 | successive calendar years as provided in subsection (b) of | ||||||
16 | Section
21, the fee shall be $2,000. Filing fees shall not be | ||||||
17 | refunded in the event
the application is denied. Beginning on | ||||||
18 | the date when any organization licensee begins conducting | ||||||
19 | electronic gaming pursuant to an electronic gaming license | ||||||
20 | issued under the Illinois Gambling Act, the application fee for | ||||||
21 | racing dates imposed by this subsection (a) shall be $10,000 | ||||||
22 | and the application fee for racing dates in 2 or 3 successive | ||||||
23 | calendar years as provided in subsection (b) of Section 21 | ||||||
24 | shall be $20,000. All filing fees shall be deposited into the | ||||||
25 | Horse Racing Fund.
|
| |||||||
| |||||||
1 | (b) In addition to the filing fee imposed by subsection (a) | ||||||
2 | of $1000 and the fees provided in
subsection (j) of Section 20, | ||||||
3 | each organization licensee shall pay a license
fee of $100 for | ||||||
4 | each racing program on which its daily pari-mutuel handle is
| ||||||
5 | $400,000 or more but less than $700,000, and a license fee of | ||||||
6 | $200 for each
racing program on which its daily pari-mutuel | ||||||
7 | handle is $700,000 or more.
The
additional fees required to be | ||||||
8 | paid under this Section by this amendatory Act
of 1982 shall be | ||||||
9 | remitted by the organization licensee to the Illinois Racing
| ||||||
10 | Board with each day's graduated privilege tax or pari-mutuel | ||||||
11 | tax and
breakage as provided under
Section 27. Beginning on the | ||||||
12 | date when any organization licensee begins conducting | ||||||
13 | electronic gaming pursuant to an electronic gaming license | ||||||
14 | issued under the Illinois Gambling Act, the license fee imposed | ||||||
15 | by this subsection (b) shall be $200 for each racing program on | ||||||
16 | which the organization licensee's daily pari-mutuel handle is | ||||||
17 | $100,000 or more, but less than $400,000, and the license fee | ||||||
18 | imposed by this subsection (b) shall be $400 for each racing | ||||||
19 | program on which the organization licensee's daily pari-mutuel | ||||||
20 | handle is $400,000 or more.
| ||||||
21 | (c) Sections 11-42-1, 11-42-5, and 11-54-1 of the "Illinois | ||||||
22 | Municipal Code,"
approved May 29, 1961, as now or hereafter | ||||||
23 | amended, shall not apply to any
license under this Act.
| ||||||
24 | (Source: P.A. 97-1060, eff. 8-24-12.)
| ||||||
25 | (230 ILCS 5/19) (from Ch. 8, par. 37-19)
|
| |||||||
| |||||||
1 | Sec. 19.
(a) No organization license may be granted to | ||||||
2 | conduct a
horse race meeting:
| ||||||
3 | (1) except as provided in subsection (c) of Section 21 | ||||||
4 | of this Act,
to any person at any place within 35 miles of | ||||||
5 | any other place
licensed by the Board to hold a race | ||||||
6 | meeting on the same date during the
same hours,
the mileage
| ||||||
7 | measurement used in this subsection (a) shall be certified | ||||||
8 | to the Board by
the Bureau of
Systems and Services in the | ||||||
9 | Illinois Department of Transportation as the
most commonly | ||||||
10 | used public way of vehicular travel;
| ||||||
11 | (2) to any person in default in the payment of any | ||||||
12 | obligation or
debt due the State under this Act, provided | ||||||
13 | no applicant shall be deemed
in default in the payment of | ||||||
14 | any obligation or debt due to the State
under this Act as | ||||||
15 | long as there is pending a hearing of any kind
relevant to | ||||||
16 | such matter;
| ||||||
17 | (3) to any person who has been convicted of the | ||||||
18 | violation of any law
of the United States or any State law | ||||||
19 | which provided as all or part of
its penalty imprisonment | ||||||
20 | in any penal institution; to any person against
whom there | ||||||
21 | is pending a Federal or State criminal charge; to any | ||||||
22 | person
who is or has been connected with or engaged in the | ||||||
23 | operation of any
illegal business; to any person who does | ||||||
24 | not enjoy a general reputation
in his community of being an | ||||||
25 | honest, upright, law-abiding person;
provided that none of | ||||||
26 | the matters set forth in this subparagraph (3)
shall make |
| |||||||
| |||||||
1 | any person ineligible to be granted an organization license
| ||||||
2 | if the Board determines, based on circumstances of any such | ||||||
3 | case, that
the granting of a license would not be | ||||||
4 | detrimental to the interests of
horse racing and of the | ||||||
5 | public;
| ||||||
6 | (4) to any person who does not at the time of | ||||||
7 | application for the
organization license own or have a | ||||||
8 | contract or lease for the possession
of a finished race | ||||||
9 | track suitable for the type of racing intended to be
held | ||||||
10 | by the applicant and for the accommodation of the public.
| ||||||
11 | (b) (Blank) Horse racing on Sunday shall be prohibited | ||||||
12 | unless authorized by
ordinance or referendum of the | ||||||
13 | municipality in which a race track or any
of its appurtenances | ||||||
14 | or facilities are located, or utilized .
| ||||||
15 | (c) If any person is ineligible to receive an
organization
| ||||||
16 | license because of any of the matters set forth in subsection | ||||||
17 | (a) (2) or
subsection (a) (3) of this Section, any other or | ||||||
18 | separate person that
either (i) controls, directly or | ||||||
19 | indirectly, such ineligible person
or (ii) is controlled, | ||||||
20 | directly or indirectly, by such ineligible
person or by a | ||||||
21 | person which controls, directly or indirectly, such
ineligible | ||||||
22 | person shall also be ineligible.
| ||||||
23 | (Source: P.A. 88-495; 89-16, eff. 5-30-95 .)
| ||||||
24 | (230 ILCS 5/20) (from Ch. 8, par. 37-20)
| ||||||
25 | Sec. 20.
(a) Any person desiring to conduct a horse race |
| |||||||
| |||||||
1 | meeting may
apply to the Board for an organization license. The | ||||||
2 | application shall be
made on a form prescribed and furnished by | ||||||
3 | the Board. The application shall
specify:
| ||||||
4 | (1) the dates on which
it intends to conduct the horse | ||||||
5 | race meeting, which
dates shall be provided
under Section | ||||||
6 | 21;
| ||||||
7 | (2) the hours of each racing day between which it | ||||||
8 | intends to
hold or
conduct horse racing at such meeting;
| ||||||
9 | (3) the location where it proposes to conduct the
| ||||||
10 | meeting; and
| ||||||
11 | (4) any other information the Board may reasonably | ||||||
12 | require.
| ||||||
13 | (b) A separate application for an organization license | ||||||
14 | shall be filed
for each horse race meeting
which such person | ||||||
15 | proposes to hold. Any such application, if made by an
| ||||||
16 | individual, or by any individual as trustee, shall be
signed | ||||||
17 | and verified under oath by such individual. If the application | ||||||
18 | is
made by individuals , then it shall be signed and verified | ||||||
19 | under oath by at least 2 of the individuals; if the application | ||||||
20 | is made by or a partnership, it shall be signed and
verified | ||||||
21 | under oath by at least 2 of such individuals or members of such
| ||||||
22 | partnership as the case may be. If made by an association, a | ||||||
23 | corporation, a
corporate trustee , a limited liability company, | ||||||
24 | or any other entity, it shall be signed by an authorized | ||||||
25 | officer, a partner, a member, or a manager, as the case may be, | ||||||
26 | of the entity the president
and attested by the secretary or |
| |||||||
| |||||||
1 | assistant secretary under the seal
of such association, trust | ||||||
2 | or corporation if it has a seal, and shall
also be verified | ||||||
3 | under oath by one of the signing officers .
| ||||||
4 | (c) The application shall specify : | ||||||
5 | (1) the name of the
persons, association, trust, or | ||||||
6 | corporation making such application ; and | ||||||
7 | (2) the principal
post office address of the applicant; | ||||||
8 | (3) if the applicant is a trustee, the
names and | ||||||
9 | addresses of the beneficiaries; if the applicant is a | ||||||
10 | corporation, the names and
post office addresses of all | ||||||
11 | officers, stockholders and directors; or if
such
| ||||||
12 | stockholders hold stock as a nominee or fiduciary, the | ||||||
13 | names and post
office addresses of the parties these | ||||||
14 | persons, partnerships, corporations, or trusts
who are the | ||||||
15 | beneficial owners thereof or who are beneficially | ||||||
16 | interested
therein; and if the applicant is a partnership, | ||||||
17 | the names and post office addresses of all
partners, | ||||||
18 | general or limited; if the applicant is a limited liability | ||||||
19 | company, the names and addresses of the manager and | ||||||
20 | members; and if the applicant is any other entity, the | ||||||
21 | names and addresses of all officers or other authorized | ||||||
22 | persons of the entity corporation, the name
of the state of | ||||||
23 | its incorporation shall be specified .
| ||||||
24 | (d) The applicant shall execute and file with the Board a | ||||||
25 | good faith
affirmative action plan to recruit, train, and | ||||||
26 | upgrade minorities in all
classifications within the |
| |||||||
| |||||||
1 | association.
| ||||||
2 | (e) With such
application there shall be delivered to the | ||||||
3 | Board a
certified check or bank draft payable to the order of | ||||||
4 | the Board for an
amount equal to $1,000. All applications for
| ||||||
5 | the issuance of an organization license shall be filed with the | ||||||
6 | Board before
August 1 of the year prior to the year for which | ||||||
7 | application is made and shall be acted
upon by the Board at a | ||||||
8 | meeting to be held on such date as shall be fixed
by the Board | ||||||
9 | during the last 15 days of September of such prior year.
At | ||||||
10 | such meeting, the Board shall announce
the award of the racing | ||||||
11 | meets, live racing schedule, and designation of host
track to | ||||||
12 | the applicants and its approval or disapproval of each
| ||||||
13 | application. No announcement shall
be considered binding until | ||||||
14 | a formal order is executed by the Board, which
shall be | ||||||
15 | executed no later than October 15 of that prior year.
Absent | ||||||
16 | the agreement of
the affected organization licensees, the Board | ||||||
17 | shall not grant overlapping
race meetings to 2 or more tracks | ||||||
18 | that are within 100 miles of each
other to conduct the | ||||||
19 | thoroughbred racing.
| ||||||
20 | (e-1) In awarding standardbred racing dates for calendar | ||||||
21 | year 2018 and thereafter, the Board shall award at least 310 | ||||||
22 | racing days, and each organization licensee shall average at | ||||||
23 | least 12 races for each racing day awarded. The Board shall | ||||||
24 | have the discretion to allocate those racing days among | ||||||
25 | organization licensees requesting standardbred racing dates. | ||||||
26 | Once awarded by the Board, organization licensees awarded |
| |||||||
| |||||||
1 | standardbred racing dates shall run at least 3,500 races in | ||||||
2 | total during that calendar year. Standardbred racing conducted | ||||||
3 | in Sangamon County shall not be considered races under this | ||||||
4 | subsection (e-1). | ||||||
5 | (e-2) In awarding racing dates for calendar year 2018 and | ||||||
6 | thereafter, the Board shall award thoroughbred racing days to | ||||||
7 | Cook County organization licensees commensurate with these | ||||||
8 | organization licensees' requirement that they shall run at | ||||||
9 | least 1,950 thoroughbred races in the aggregate, so long as 2 | ||||||
10 | organization licensees are conducting electronic gaming | ||||||
11 | operations. Additionally, if the organization licensees that | ||||||
12 | run thoroughbred races in Cook County are conducting electronic | ||||||
13 | gaming operations, the Board shall increase the number of | ||||||
14 | thoroughbred races to be run in Cook County in the aggregate to | ||||||
15 | at least the following: | ||||||
16 | (i) 2,050 races in any year following the most recent | ||||||
17 | preceding complete calendar year when the combined | ||||||
18 | adjusted gross receipts of the electronic gaming licensees | ||||||
19 | operating at Cook County race tracks total in excess of | ||||||
20 | $200,000,000, but do not exceed $250,000,000; | ||||||
21 | (ii) 2,125 races in any year following the most recent | ||||||
22 | preceding complete calendar year when the combined | ||||||
23 | adjusted gross receipts of the electronic gaming licensees | ||||||
24 | operating at Cook County race tracks total in excess of | ||||||
25 | $250,000,000, but do not exceed $300,000,000; | ||||||
26 | (iii) 2,200 races in any year following the most recent |
| |||||||
| |||||||
1 | preceding complete calendar year when the combined | ||||||
2 | adjusted gross receipts of the electronic gaming licensees | ||||||
3 | operating at Cook County race tracks total in excess of | ||||||
4 | $300,000,000, but do not exceed $350,000,000; | ||||||
5 | (iv) 2,300 races in any year following the most recent | ||||||
6 | preceding complete calendar year when the combined | ||||||
7 | adjusted gross receipts of the electronic gaming licensees | ||||||
8 | operating at Cook County race tracks total in excess of | ||||||
9 | $350,000,000, but do not exceed $400,000,000; | ||||||
10 | (v) 2,375 races in any year following the most recent | ||||||
11 | preceding complete calendar year when the combined | ||||||
12 | adjusted gross receipts of the electronic gaming licensees | ||||||
13 | operating at Cook County race tracks total in excess of | ||||||
14 | $400,000,000, but do not exceed $450,000,000; | ||||||
15 | (vi) 2,450 races in any year following the most recent | ||||||
16 | preceding complete calendar year when the combined | ||||||
17 | adjusted gross receipts of the electronic gaming licensees | ||||||
18 | operating at Cook County race tracks total in excess of | ||||||
19 | $450,000,000, but do not exceed $500,000,000; | ||||||
20 | (vii) 2,550 races in any year following the most recent | ||||||
21 | preceding complete calendar year when the combined | ||||||
22 | adjusted gross receipts of the electronic gaming licensees | ||||||
23 | operating at Cook County race tracks exceeds $500,000,000. | ||||||
24 | In awarding racing dates under this subsection (e-2), the | ||||||
25 | Board shall have the discretion to allocate those thoroughbred | ||||||
26 | racing dates among these Cook County organization licensees. |
| |||||||
| |||||||
1 | (e-3) In awarding racing dates for calendar year 2018 and | ||||||
2 | thereafter in connection with a race track in Madison County, | ||||||
3 | the Board shall award racing dates and such organization | ||||||
4 | licensee shall run at least 700 thoroughbred races at the race | ||||||
5 | track in Madison County each year. | ||||||
6 | Notwithstanding Section 7.7 of the Illinois Gambling Act or | ||||||
7 | any provision of this Act other than subsection (e-4.5), for | ||||||
8 | each calendar year for which an electronic gaming licensee | ||||||
9 | located in Madison County requests racing dates resulting in | ||||||
10 | less than 700 live thoroughbred races at its race track | ||||||
11 | facility, the electronic gaming licensee may not conduct | ||||||
12 | electronic gaming for the calendar year of such requested live | ||||||
13 | races. | ||||||
14 | (e-4) Notwithstanding the provisions of Section 7.7 of the | ||||||
15 | Illinois Gambling Act or any provision of this Act other than | ||||||
16 | subsections (e-3) and (e-4.5), for each calendar year for which | ||||||
17 | an electronic gaming licensee requests racing dates for a | ||||||
18 | specific horse breed which results in a number of live races | ||||||
19 | for that specific breed under its organization license that is | ||||||
20 | less than the total number of live races for that specific | ||||||
21 | breed which it conducted in 2011 for standardbred racing and in | ||||||
22 | 2009 for thoroughbred racing at its race track facility, the | ||||||
23 | electronic gaming licensee may not conduct electronic gaming | ||||||
24 | for the calendar year of such requested live races. | ||||||
25 | (e-4.5) The Board shall ensure that each organization | ||||||
26 | licensee shall individually run a sufficient number of races |
| |||||||
| |||||||
1 | per year to qualify for an electronic gaming license under this | ||||||
2 | Act. The General Assembly finds that the minimum live racing | ||||||
3 | guarantees contained in subsections (e-1), (e-2), and (e-3) are | ||||||
4 | in the best interest of the sport of horse racing, and that | ||||||
5 | such guarantees may only be reduced in the limited | ||||||
6 | circumstances described in this subsection. The Board may | ||||||
7 | decrease the number of racing days without affecting an | ||||||
8 | organization licensee's ability to conduct electronic gaming | ||||||
9 | only if the Board determines, after notice and hearing, that: | ||||||
10 | (i) a decrease is necessary to maintain a sufficient | ||||||
11 | number of betting interests per race to ensure the | ||||||
12 | integrity of racing; | ||||||
13 | (ii) there are unsafe track conditions due to weather | ||||||
14 | or acts of God; | ||||||
15 | (iii) there is an agreement between an organization | ||||||
16 | licensee and the breed association that is applicable to | ||||||
17 | the involved live racing guarantee, such association | ||||||
18 | representing either the largest number of thoroughbred | ||||||
19 | owners and trainers or the largest number of standardbred | ||||||
20 | owners, trainers and drivers who race horses at the | ||||||
21 | involved organization licensee's racing meeting, so long | ||||||
22 | as the agreement does not compromise the integrity of the | ||||||
23 | sport of horse racing; or | ||||||
24 | (iv) the horse population or purse levels are | ||||||
25 | insufficient to provide the number of racing opportunities | ||||||
26 | otherwise required in this Act. |
| |||||||
| |||||||
1 | In decreasing the number of racing dates in accordance with | ||||||
2 | this subsection, the Board shall hold a hearing and shall | ||||||
3 | provide the public and all interested parties notice and an | ||||||
4 | opportunity to be heard. The Board shall accept testimony from | ||||||
5 | all interested parties, including any association representing | ||||||
6 | owners, trainers, jockeys, or drivers who will be affected by | ||||||
7 | the decrease in racing dates. The Board shall provide a written | ||||||
8 | explanation of the reasons for the decrease and the Board's | ||||||
9 | findings. The written explanation shall include a listing and | ||||||
10 | content of all communication between any party and any Illinois | ||||||
11 | Racing Board member or staff that does not take place at a | ||||||
12 | public meeting of the Board. | ||||||
13 | (e-5) In reviewing an application for the purpose of | ||||||
14 | granting an
organization license consistent with
the best | ||||||
15 | interests of the public and the
sport of horse racing, the | ||||||
16 | Board shall consider:
| ||||||
17 | (1) the character, reputation, experience, and | ||||||
18 | financial integrity of the
applicant and of any other | ||||||
19 | separate person that either:
| ||||||
20 | (i) controls the applicant, directly or | ||||||
21 | indirectly, or
| ||||||
22 | (ii) is controlled, directly or indirectly, by | ||||||
23 | that applicant or by a
person who controls, directly or | ||||||
24 | indirectly, that applicant;
| ||||||
25 | (2) the applicant's facilities or proposed facilities | ||||||
26 | for conducting
horse
racing;
|
| |||||||
| |||||||
1 | (3) the total revenue without regard to Section 32.1 to | ||||||
2 | be derived by
the State and horsemen from the applicant's
| ||||||
3 | conducting a race meeting;
| ||||||
4 | (4) the applicant's good faith affirmative action plan | ||||||
5 | to recruit, train,
and upgrade minorities in all employment | ||||||
6 | classifications;
| ||||||
7 | (5) the applicant's financial ability to purchase and | ||||||
8 | maintain adequate
liability and casualty insurance;
| ||||||
9 | (6) the applicant's proposed and prior year's | ||||||
10 | promotional and marketing
activities and expenditures of | ||||||
11 | the applicant associated with those activities;
| ||||||
12 | (7) an agreement, if any, among organization licensees | ||||||
13 | as provided in
subsection (b) of Section 21 of this Act; | ||||||
14 | and
| ||||||
15 | (8) the extent to which the applicant exceeds or meets | ||||||
16 | other standards for
the issuance of an organization license | ||||||
17 | that the Board shall adopt by rule.
| ||||||
18 | In granting organization licenses and allocating dates for | ||||||
19 | horse race
meetings, the Board shall have discretion to | ||||||
20 | determine an overall schedule,
including required simulcasts | ||||||
21 | of Illinois races by host tracks that will, in
its judgment, be | ||||||
22 | conducive to the best interests of
the public and the sport of | ||||||
23 | horse racing.
| ||||||
24 | (e-10) The Illinois Administrative Procedure Act shall | ||||||
25 | apply to
administrative procedures of the Board under this Act | ||||||
26 | for the granting of an
organization license, except that (1) |
| |||||||
| |||||||
1 | notwithstanding the provisions of
subsection (b) of Section | ||||||
2 | 10-40 of the Illinois Administrative Procedure Act
regarding | ||||||
3 | cross-examination, the
Board may prescribe rules limiting the | ||||||
4 | right of an applicant or participant in
any proceeding to award | ||||||
5 | an organization license to conduct cross-examination of
| ||||||
6 | witnesses at that proceeding where that cross-examination | ||||||
7 | would unduly obstruct
the timely award of an organization | ||||||
8 | license under subsection (e) of Section 20
of this Act; (2) the | ||||||
9 | provisions of Section 10-45 of the Illinois Administrative
| ||||||
10 | Procedure Act regarding proposals for decision are excluded | ||||||
11 | under this Act; (3)
notwithstanding the provisions of | ||||||
12 | subsection (a) of Section 10-60 of the
Illinois Administrative | ||||||
13 | Procedure Act regarding ex parte communications, the
Board may | ||||||
14 | prescribe rules allowing ex parte communications with | ||||||
15 | applicants or
participants in a proceeding to award an | ||||||
16 | organization license where conducting
those communications | ||||||
17 | would be in the best interest of racing, provided all
those | ||||||
18 | communications are made part of the record of that proceeding | ||||||
19 | pursuant
to subsection (c) of Section 10-60 of the Illinois | ||||||
20 | Administrative
Procedure Act; (4) the provisions of Section 14a | ||||||
21 | of this Act and the rules of
the Board promulgated under that | ||||||
22 | Section shall apply instead of the provisions
of Article 10 of | ||||||
23 | the Illinois Administrative Procedure Act regarding
| ||||||
24 | administrative law judges; and (5) the provisions of subsection | ||||||
25 | (d)
of Section 10-65 of the Illinois Administrative Procedure | ||||||
26 | Act that prevent
summary suspension of a license pending |
| |||||||
| |||||||
1 | revocation or other action shall not
apply.
| ||||||
2 | (f) The Board may allot racing dates to an organization | ||||||
3 | licensee for more
than one calendar year but for no more than 3 | ||||||
4 | successive calendar years in
advance, provided that the Board | ||||||
5 | shall review such allotment for more than
one calendar year | ||||||
6 | prior to each year for which such allotment has been
made. The | ||||||
7 | granting of an organization license to a person constitutes a
| ||||||
8 | privilege to conduct a horse race meeting under the provisions | ||||||
9 | of this Act, and
no person granted an organization license | ||||||
10 | shall be deemed to have a vested
interest, property right, or | ||||||
11 | future expectation to receive an organization
license in any | ||||||
12 | subsequent year as a result of the granting of an organization
| ||||||
13 | license. Organization licenses shall be subject to revocation | ||||||
14 | if the
organization licensee has violated any provision of this | ||||||
15 | Act
or the rules and regulations promulgated under this Act or | ||||||
16 | has been convicted
of a crime or has failed to disclose or has | ||||||
17 | stated falsely any information
called for in the application | ||||||
18 | for an organization license. Any
organization license | ||||||
19 | revocation
proceeding shall be in accordance with Section 16 | ||||||
20 | regarding suspension and
revocation of occupation licenses.
| ||||||
21 | (f-5) If, (i) an applicant does not file an acceptance of | ||||||
22 | the racing dates
awarded by the Board as required under part | ||||||
23 | (1) of subsection (h) of this
Section 20, or (ii) an | ||||||
24 | organization licensee has its license suspended or
revoked | ||||||
25 | under this Act, the Board, upon conducting an emergency hearing | ||||||
26 | as
provided for in this Act, may reaward on an emergency basis |
| |||||||
| |||||||
1 | pursuant to
rules established by the Board, racing dates not | ||||||
2 | accepted or the racing
dates
associated with any suspension or | ||||||
3 | revocation period to one or more organization
licensees, new | ||||||
4 | applicants, or any combination thereof, upon terms and
| ||||||
5 | conditions that the Board determines are in the best interest | ||||||
6 | of racing,
provided, the organization licensees or new | ||||||
7 | applicants receiving the awarded
racing dates file an | ||||||
8 | acceptance of those reawarded racing dates as
required under | ||||||
9 | paragraph (1) of subsection (h) of this Section 20 and comply
| ||||||
10 | with the other provisions of this Act. The Illinois | ||||||
11 | Administrative Procedure
Act shall not apply to the | ||||||
12 | administrative procedures of the Board in conducting
the | ||||||
13 | emergency hearing and the reallocation of racing dates on an | ||||||
14 | emergency
basis.
| ||||||
15 | (g) (Blank).
| ||||||
16 | (h) The Board shall send the applicant a copy of its | ||||||
17 | formally
executed order by certified mail addressed to the | ||||||
18 | applicant at the
address stated in his application, which | ||||||
19 | notice shall be mailed within 5 days
of the date the formal | ||||||
20 | order is executed.
| ||||||
21 | Each applicant notified shall, within 10 days after receipt | ||||||
22 | of the
final executed order of the Board awarding
racing dates:
| ||||||
23 | (1) file with the Board an acceptance of such
award in
| ||||||
24 | the form
prescribed by the Board;
| ||||||
25 | (2) pay to the Board an additional amount equal to $110 | ||||||
26 | for each
racing date awarded; and
|
| |||||||
| |||||||
1 | (3) file with the Board the bonds required in Sections | ||||||
2 | 21
and 25 at least
20 days prior to the first day of each | ||||||
3 | race meeting.
| ||||||
4 | Upon compliance with the provisions of paragraphs (1), (2), and | ||||||
5 | (3) of
this subsection (h), the applicant shall be issued an
| ||||||
6 | organization license.
| ||||||
7 | If any applicant fails to comply with this Section or fails
| ||||||
8 | to pay the organization license fees herein provided, no | ||||||
9 | organization
license shall be issued to such applicant.
| ||||||
10 | (Source: P.A. 97-333, eff. 8-12-11.)
| ||||||
11 | (230 ILCS 5/21) (from Ch. 8, par. 37-21)
| ||||||
12 | Sec. 21.
(a) Applications for organization licenses must be | ||||||
13 | filed with
the Board at a time and place prescribed by the | ||||||
14 | rules and regulations of
the Board. The Board shall examine the | ||||||
15 | applications within 21 days
after
the date allowed for filing | ||||||
16 | with respect to their conformity with this Act
and such rules | ||||||
17 | and regulations as may be prescribed by the Board. If any
| ||||||
18 | application does not comply with this Act or the rules and | ||||||
19 | regulations
prescribed by the Board, such application may be | ||||||
20 | rejected and an
organization license refused to the applicant, | ||||||
21 | or the Board may, within 21
days of the receipt of such | ||||||
22 | application, advise the applicant of the
deficiencies of the | ||||||
23 | application under the Act or the rules and regulations of
the | ||||||
24 | Board,
and require the submittal of an amended application | ||||||
25 | within a reasonable time
determined by the Board; and upon |
| |||||||
| |||||||
1 | submittal of the amended application by the
applicant, the | ||||||
2 | Board may consider the
application consistent with the process | ||||||
3 | described in subsection (e-5) of
Section 20 of this Act. If it
| ||||||
4 | is found to be in compliance with this Act and the rules and | ||||||
5 | regulations of
the Board, the Board may then issue an | ||||||
6 | organization license to such applicant.
| ||||||
7 | (b) The Board may exercise discretion in granting racing
| ||||||
8 | dates to qualified applicants different from those requested by | ||||||
9 | the
applicants in their
applications. However, if all eligible | ||||||
10 | applicants for organization
licenses whose tracks are located | ||||||
11 | within 100 miles of each other execute
and submit to the Board | ||||||
12 | a written agreement among such applicants as to
the award of | ||||||
13 | racing dates, including where applicable racing
programs, for
| ||||||
14 | up to 3 consecutive years, then subject to annual review of | ||||||
15 | each
applicant's compliance with Board rules and regulations, | ||||||
16 | provisions of this
Act and conditions contained in annual dates | ||||||
17 | orders issued by the Board,
the Board may grant such dates and | ||||||
18 | programs
to such applicants
as so agreed by them if the Board | ||||||
19 | determines that the grant of these racing
dates is in the best
| ||||||
20 | interests of racing. The Board shall treat any such agreement | ||||||
21 | as the
agreement signatories' joint and several application for | ||||||
22 | racing dates
during the term of the agreement.
| ||||||
23 | (c) Where 2 or more applicants propose to conduct horse
| ||||||
24 | race meetings within 35 miles of each other, as certified to | ||||||
25 | the Board
under Section 19 (a) (1) of this Act, on conflicting | ||||||
26 | dates, the Board may
determine and grant the number of racing |
| |||||||
| |||||||
1 | days to be awarded to
the several
applicants in accordance with | ||||||
2 | the provisions of subsection (e-5) of Section
20 of this
Act.
| ||||||
3 | (d) (Blank).
| ||||||
4 | (e) Prior to the issuance of an organization license, the | ||||||
5 | applicant
shall file with the Board a bond payable to the State | ||||||
6 | of Illinois in the
sum of $200,000, executed by the applicant | ||||||
7 | and a surety company or
companies authorized to do business in | ||||||
8 | this State, and conditioned upon the
payment by the | ||||||
9 | organization licensee of all taxes due under Section 27,
other | ||||||
10 | monies due and payable under this Act, all purses due and | ||||||
11 | payable,
and that the organization licensee will upon | ||||||
12 | presentation of the winning
ticket or
tickets distribute all | ||||||
13 | sums due to the patrons of pari-mutuel pools. Beginning on the | ||||||
14 | date when any organization licensee begins conducting | ||||||
15 | electronic gaming pursuant to an electronic gaming license | ||||||
16 | issued under the Illinois Gambling Act, the amount of the bond | ||||||
17 | required under this subsection (e) shall be $500,000.
| ||||||
18 | (f) Each organization license shall specify the person to | ||||||
19 | whom it is
issued, the dates upon which horse racing is | ||||||
20 | permitted, and the location,
place, track, or enclosure where | ||||||
21 | the horse race meeting is to be held.
| ||||||
22 | (g) Any person who owns one or more race tracks
within the | ||||||
23 | State
may seek, in its own name, a separate organization | ||||||
24 | license
for each race track.
| ||||||
25 | (h) All racing conducted under such organization license is | ||||||
26 | subject to
this Act and to the rules and regulations from time |
| |||||||
| |||||||
1 | to time prescribed by
the Board, and every such organization | ||||||
2 | license issued by the Board shall
contain a recital to that | ||||||
3 | effect.
| ||||||
4 | (i) Each such organization licensee may provide
that at | ||||||
5 | least one race per day may be devoted to
the racing of quarter | ||||||
6 | horses, appaloosas, arabians, or paints.
| ||||||
7 | (j) In acting on applications for organization licenses, | ||||||
8 | the Board shall
give weight to an organization license which | ||||||
9 | has
implemented a good faith affirmative
action effort to | ||||||
10 | recruit, train and upgrade minorities in all classifications
| ||||||
11 | within the organization license.
| ||||||
12 | (Source: P.A. 90-754, eff. 1-1-99; 91-40, eff. 6-25-99.)
| ||||||
13 | (230 ILCS 5/24) (from Ch. 8, par. 37-24)
| ||||||
14 | Sec. 24.
(a) No license shall be issued to or held by an | ||||||
15 | organization
licensee unless all of its officers, directors, | ||||||
16 | and holders of ownership
interests of at least 5% are first | ||||||
17 | approved by the Board. The Board shall not
give approval of an | ||||||
18 | organization license application to any person who has been
| ||||||
19 | convicted of or is under an indictment for a crime of moral | ||||||
20 | turpitude or has
violated any provision of the racing law of | ||||||
21 | this State or any rules of the
Board.
| ||||||
22 | (b) An organization licensee must notify the Board within | ||||||
23 | 10 days of any
change in the holders of a direct or indirect | ||||||
24 | interest in the ownership of the
organization licensee. The | ||||||
25 | Board may, after hearing, revoke the organization
license of |
| |||||||
| |||||||
1 | any
person who registers on its books or knowingly permits a | ||||||
2 | direct or indirect
interest in the ownership of that person | ||||||
3 | without notifying the Board of the
name of the holder in | ||||||
4 | interest within this period.
| ||||||
5 | (c) In addition to the provisions of subsection
(a) of this | ||||||
6 | Section, no person shall be granted an
organization
license if
| ||||||
7 | any public official of the State or member of his
or her family | ||||||
8 | holds any ownership or financial interest, directly or
| ||||||
9 | indirectly, in the person.
| ||||||
10 | (d) No person which has been granted an organization
| ||||||
11 | license
to hold a race meeting shall give to any public | ||||||
12 | official or member of his
family, directly or indirectly, for | ||||||
13 | or without consideration, any interest in the person. The Board | ||||||
14 | shall, after hearing, revoke
the organization license granted | ||||||
15 | to a person which has
violated this subsection.
| ||||||
16 | (e) (Blank).
| ||||||
17 | (f) No organization licensee or concessionaire or officer, | ||||||
18 | director or
holder or controller of
5% or more legal or | ||||||
19 | beneficial interest in any organization licensee or
concession
| ||||||
20 | shall make any sort of
gift or contribution that is prohibited | ||||||
21 | under Article 10 of the State Officials and Employees Ethics | ||||||
22 | Act of any kind or pay or give any money or other thing
of value | ||||||
23 | to any
person who is a public official, or a candidate or | ||||||
24 | nominee for public office if that payment or gift is prohibited | ||||||
25 | under Article 10 of the State Officials and Employees Ethics | ||||||
26 | Act .
|
| |||||||
| |||||||
1 | (Source: P.A. 89-16, eff. 5-30-95.)
| ||||||
2 | (230 ILCS 5/25) (from Ch. 8, par. 37-25)
| ||||||
3 | Sec. 25. Admission charge; bond; fine. | ||||||
4 | (a) There shall be paid to the Board at such time or times | ||||||
5 | as
it shall prescribe, the sum of fifteen cents (15¢) for each | ||||||
6 | person entering
the grounds or enclosure of each organization | ||||||
7 | licensee and
inter-track wagering licensee upon a ticket of | ||||||
8 | admission except as provided
in subsection (g) of Section 27 of | ||||||
9 | this Act. If
tickets are issued for more than one day then the | ||||||
10 | sum of fifteen cents
(15¢) shall be paid for each person using | ||||||
11 | such ticket on each day that the
same shall be used. Provided, | ||||||
12 | however, that no charge shall be made on
tickets of admission | ||||||
13 | issued to and in the name of directors, officers,
agents or | ||||||
14 | employees of the organization licensee, or inter-track | ||||||
15 | wagering
licensee, or to owners, trainers, jockeys,
drivers and | ||||||
16 | their employees or to any person or persons entering the
| ||||||
17 | grounds or enclosure for the transaction of business in | ||||||
18 | connection with such
race meeting. The organization licensee or | ||||||
19 | inter-track wagering licensee
may, if it desires, collect such | ||||||
20 | amount from
each ticket holder in addition to the amount or | ||||||
21 | amounts charged for such
ticket of admission. Beginning on the | ||||||
22 | date when any organization licensee begins conducting | ||||||
23 | electronic gaming pursuant to an electronic gaming license | ||||||
24 | issued under the Illinois Gambling Act, the admission charge | ||||||
25 | imposed by this subsection (a) shall be 40 cents for each |
| |||||||
| |||||||
1 | person entering the grounds or enclosure of each organization | ||||||
2 | licensee and inter-track wagering licensee upon a ticket of | ||||||
3 | admission, and if such tickets are issued for more than one | ||||||
4 | day, 40 cents shall be paid for each person using such ticket | ||||||
5 | on each day that the same shall be used.
| ||||||
6 | (b) Accurate records and books shall at all times be kept | ||||||
7 | and maintained by
the organization licensees and inter-track | ||||||
8 | wagering licensees
showing the admission tickets issued and | ||||||
9 | used on each racing
day and the attendance thereat of each | ||||||
10 | horse racing meeting. The Board or
its duly authorized | ||||||
11 | representative or representatives shall at all
reasonable | ||||||
12 | times have access to the admission records of any organization
| ||||||
13 | licensee and inter-track wagering licensee for
the purpose of | ||||||
14 | examining and checking the same and ascertaining whether or
not | ||||||
15 | the proper amount has been or is being paid the State of | ||||||
16 | Illinois as
herein provided. The Board shall also require, | ||||||
17 | before issuing any license,
that the licensee shall execute and | ||||||
18 | deliver to it a bond, payable to the
State of Illinois, in such | ||||||
19 | sum as it shall determine, not, however, in
excess of fifty | ||||||
20 | thousand dollars ($50,000), with a surety or sureties to be
| ||||||
21 | approved by it, conditioned for the payment of all sums due and | ||||||
22 | payable or
collected by it under this Section upon admission | ||||||
23 | fees received for any
particular racing meetings. The Board may | ||||||
24 | also from time to time require sworn
statements of the number | ||||||
25 | or numbers of such admissions and may prescribe blanks
upon | ||||||
26 | which such reports shall be made. Any organization licensee or
|
| |||||||
| |||||||
1 | inter-track wagering licensee failing or
refusing to pay the | ||||||
2 | amount found to be due as herein provided, shall be
deemed | ||||||
3 | guilty of a business offense and upon conviction shall be | ||||||
4 | punished by a
fine of not more than five thousand dollars | ||||||
5 | ($5,000) in addition to the amount
due from such organization | ||||||
6 | licensee or inter-track wagering licensee as
herein provided. | ||||||
7 | All fines paid into court by an organization
licensee or | ||||||
8 | inter-track wagering licensee found guilty of violating this
| ||||||
9 | Section shall be transmitted and paid
over by the clerk of the | ||||||
10 | court to the Board. Beginning on the date when any organization | ||||||
11 | licensee begins conducting electronic gaming pursuant to an | ||||||
12 | electronic gaming license issued under the Illinois Gambling | ||||||
13 | Act, any fine imposed pursuant to this subsection (b) shall not | ||||||
14 | exceed $10,000.
| ||||||
15 | (Source: P.A. 88-495; 89-16, eff. 5-30-95.)
| ||||||
16 | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
| ||||||
17 | Sec. 26. Wagering.
| ||||||
18 | (a) Any licensee may conduct and supervise the pari-mutuel | ||||||
19 | system of
wagering, as defined in Section 3.12 of this Act, on | ||||||
20 | horse races conducted by
an Illinois organization
licensee or | ||||||
21 | conducted at a racetrack located in another state or country | ||||||
22 | and
televised in Illinois in accordance with subsection (g) of | ||||||
23 | Section 26 of this
Act. Subject to the prior consent of the | ||||||
24 | Board, licensees may supplement any
pari-mutuel pool in order | ||||||
25 | to guarantee a minimum distribution. Such
pari-mutuel method of |
| |||||||
| |||||||
1 | wagering shall not,
under any circumstances if conducted under | ||||||
2 | the provisions of this Act,
be held or construed to be | ||||||
3 | unlawful, other statutes of this State to the
contrary | ||||||
4 | notwithstanding.
Subject to rules for advance wagering | ||||||
5 | promulgated by the Board, any
licensee
may accept wagers in | ||||||
6 | advance of the day of
the race wagered upon occurs.
| ||||||
7 | (b) Except for those gaming activities for which a license | ||||||
8 | is obtained and authorized under the Illinois Lottery Law, the | ||||||
9 | Charitable Games Act, the Raffles and Poker Runs Act, or the | ||||||
10 | Illinois Gambling Act, no No other method of betting, pool | ||||||
11 | making, wagering or
gambling shall be used or permitted by the | ||||||
12 | licensee. Each licensee
may retain, subject to the payment of | ||||||
13 | all applicable
taxes and purses, an amount not to exceed 17% of | ||||||
14 | all money wagered
under subsection (a) of this Section, except | ||||||
15 | as may otherwise be permitted
under this Act.
| ||||||
16 | (b-5) An individual may place a wager under the pari-mutuel | ||||||
17 | system from
any licensed location authorized under this Act | ||||||
18 | provided that wager is
electronically recorded in the manner | ||||||
19 | described in Section 3.12 of this Act.
Any wager made | ||||||
20 | electronically by an individual while physically on the | ||||||
21 | premises
of a licensee shall be deemed to have been made at the | ||||||
22 | premises of that
licensee.
| ||||||
23 | (c) Until January 1, 2000, the sum held by any licensee for | ||||||
24 | payment of
outstanding pari-mutuel tickets, if unclaimed prior | ||||||
25 | to December 31 of the
next year, shall be retained by the | ||||||
26 | licensee for payment of
such tickets until that date. Within 10 |
| |||||||
| |||||||
1 | days thereafter, the balance of
such sum remaining unclaimed, | ||||||
2 | less any uncashed supplements contributed by such
licensee for | ||||||
3 | the purpose of guaranteeing minimum distributions
of any | ||||||
4 | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
| ||||||
5 | Rehabilitation Fund of the State treasury, except as provided | ||||||
6 | in subsection
(g) of Section 27 of this Act.
| ||||||
7 | (c-5) Beginning January 1, 2000, the sum held by any | ||||||
8 | licensee for payment
of
outstanding pari-mutuel tickets, if | ||||||
9 | unclaimed prior to December 31 of the
next year, shall be | ||||||
10 | retained by the licensee for payment of
such tickets until that | ||||||
11 | date. Within 10 days thereafter, the balance of
such sum | ||||||
12 | remaining unclaimed, less any uncashed supplements contributed | ||||||
13 | by such
licensee for the purpose of guaranteeing minimum | ||||||
14 | distributions
of any pari-mutuel pool, shall be evenly | ||||||
15 | distributed to the purse account of
the organization licensee | ||||||
16 | and the organization licensee.
| ||||||
17 | (d) A pari-mutuel ticket shall be honored until December 31 | ||||||
18 | of the
next calendar year, and the licensee shall pay the same | ||||||
19 | and may
charge the amount thereof against unpaid money | ||||||
20 | similarly accumulated on account
of pari-mutuel tickets not | ||||||
21 | presented for payment.
| ||||||
22 | (e) No licensee shall knowingly permit any minor, other
| ||||||
23 | than an employee of such licensee or an owner, trainer,
jockey, | ||||||
24 | driver, or employee thereof, to be admitted during a racing
| ||||||
25 | program unless accompanied by a parent or guardian, or any | ||||||
26 | minor to be a
patron of the pari-mutuel system of wagering |
| |||||||
| |||||||
1 | conducted or
supervised by it. The admission of any | ||||||
2 | unaccompanied minor, other than
an employee of the licensee or | ||||||
3 | an owner, trainer, jockey,
driver, or employee thereof at a | ||||||
4 | race track is a Class C
misdemeanor.
| ||||||
5 | (f) Notwithstanding the other provisions of this Act, an
| ||||||
6 | organization licensee may contract
with an entity in another | ||||||
7 | state or country to permit any legal
wagering entity in another | ||||||
8 | state or country to accept wagers solely within
such other | ||||||
9 | state or country on races conducted by the organization | ||||||
10 | licensee
in this State.
Beginning January 1, 2000, these wagers
| ||||||
11 | shall not be subject to State
taxation. Until January 1, 2000,
| ||||||
12 | when the out-of-State entity conducts a pari-mutuel pool
| ||||||
13 | separate from the organization licensee, a privilege tax equal | ||||||
14 | to 7 1/2% of
all monies received by the organization licensee | ||||||
15 | from entities in other states
or countries pursuant to such | ||||||
16 | contracts is imposed on the organization
licensee, and such | ||||||
17 | privilege tax shall be remitted to the
Department of Revenue
| ||||||
18 | within 48 hours of receipt of the moneys from the simulcast. | ||||||
19 | When the
out-of-State entity conducts a
combined pari-mutuel | ||||||
20 | pool with the organization licensee, the tax shall be 10%
of | ||||||
21 | all monies received by the organization licensee with 25% of | ||||||
22 | the
receipts from this 10% tax to be distributed to the county
| ||||||
23 | in which the race was conducted.
| ||||||
24 | An organization licensee may permit one or more of its | ||||||
25 | races to be
utilized for
pari-mutuel wagering at one or more | ||||||
26 | locations in other states and may
transmit audio and visual |
| |||||||
| |||||||
1 | signals of races the organization licensee
conducts to one or
| ||||||
2 | more locations outside the State or country and may also permit | ||||||
3 | pari-mutuel
pools in other states or countries to be combined | ||||||
4 | with its gross or net
wagering pools or with wagering pools | ||||||
5 | established by other states.
| ||||||
6 | (g) A host track may accept interstate simulcast wagers on
| ||||||
7 | horse
races conducted in other states or countries and shall | ||||||
8 | control the
number of signals and types of breeds of racing in | ||||||
9 | its simulcast program,
subject to the disapproval of the Board. | ||||||
10 | The Board may prohibit a simulcast
program only if it finds | ||||||
11 | that the simulcast program is clearly
adverse to the integrity | ||||||
12 | of racing. The host track
simulcast program shall
include the | ||||||
13 | signal of live racing of all organization licensees.
All | ||||||
14 | non-host licensees and advance deposit wagering licensees | ||||||
15 | shall carry the signal of and accept wagers on live racing of | ||||||
16 | all organization licensees. Advance deposit wagering licensees | ||||||
17 | shall not be permitted to accept out-of-state wagers on any | ||||||
18 | Illinois signal provided pursuant to this Section without the | ||||||
19 | approval and consent of the organization licensee providing the | ||||||
20 | signal. For one year after August 15, 2014 ( the effective date | ||||||
21 | of Public Act 98-968) this amendatory Act of the 98th General | ||||||
22 | Assembly , non-host licensees may carry the host track simulcast | ||||||
23 | program and
shall accept wagers on all races included as part | ||||||
24 | of the simulcast
program of horse races conducted at race | ||||||
25 | tracks located within North America upon which wagering is | ||||||
26 | permitted. For a period of one year after August 15, 2014 ( the |
| |||||||
| |||||||
1 | effective date of Public Act 98-968) this amendatory Act of the | ||||||
2 | 98th General Assembly , on horse races conducted at race tracks | ||||||
3 | located outside of North America, non-host licensees may accept | ||||||
4 | wagers on all races included as part of the simulcast program | ||||||
5 | upon which wagering is permitted. Beginning August 15, 2015 | ||||||
6 | ( one year after the effective date of Public Act 98-968) this | ||||||
7 | amendatory Act of the 98th General Assembly , non-host licensees | ||||||
8 | may carry the host track simulcast program and shall accept | ||||||
9 | wagers on all races included as part of the simulcast program | ||||||
10 | upon which wagering is permitted.
All organization licensees | ||||||
11 | shall provide their live signal to all advance deposit wagering | ||||||
12 | licensees for a simulcast commission fee not to exceed 6% of | ||||||
13 | the advance deposit wagering licensee's Illinois handle on the | ||||||
14 | organization licensee's signal without prior approval by the | ||||||
15 | Board. The Board may adopt rules under which it may permit | ||||||
16 | simulcast commission fees in excess of 6%. The Board shall | ||||||
17 | adopt rules limiting the interstate commission fees charged to | ||||||
18 | an advance deposit wagering licensee. The Board shall adopt | ||||||
19 | rules regarding advance deposit wagering on interstate | ||||||
20 | simulcast races that shall reflect, among other things, the | ||||||
21 | General Assembly's desire to maximize revenues to the State, | ||||||
22 | horsemen purses, and organizational licensees. However, | ||||||
23 | organization licensees providing live signals pursuant to the | ||||||
24 | requirements of this subsection (g) may petition the Board to | ||||||
25 | withhold their live signals from an advance deposit wagering | ||||||
26 | licensee if the organization licensee discovers and the Board |
| |||||||
| |||||||
1 | finds reputable or credible information that the advance | ||||||
2 | deposit wagering licensee is under investigation by another | ||||||
3 | state or federal governmental agency, the advance deposit | ||||||
4 | wagering licensee's license has been suspended in another | ||||||
5 | state, or the advance deposit wagering licensee's license is in | ||||||
6 | revocation proceedings in another state. The organization | ||||||
7 | licensee's provision of their live signal to an advance deposit | ||||||
8 | wagering licensee under this subsection (g) pertains to wagers | ||||||
9 | placed from within Illinois. Advance deposit wagering | ||||||
10 | licensees may place advance deposit wagering terminals at | ||||||
11 | wagering facilities as a convenience to customers. The advance | ||||||
12 | deposit wagering licensee shall not charge or collect any fee | ||||||
13 | from purses for the placement of the advance deposit wagering | ||||||
14 | terminals. The costs and expenses
of the host track and | ||||||
15 | non-host licensees associated
with interstate simulcast
| ||||||
16 | wagering, other than the interstate
commission fee, shall be | ||||||
17 | borne by the host track and all
non-host licensees
incurring | ||||||
18 | these costs.
The interstate commission fee shall not exceed 5% | ||||||
19 | of Illinois handle on the
interstate simulcast race or races | ||||||
20 | without prior approval of the Board. The
Board shall promulgate | ||||||
21 | rules under which it may permit
interstate commission
fees in | ||||||
22 | excess of 5%. The interstate commission
fee and other fees | ||||||
23 | charged by the sending racetrack, including, but not
limited | ||||||
24 | to, satellite decoder fees, shall be uniformly applied
to the | ||||||
25 | host track and all non-host licensees.
| ||||||
26 | Notwithstanding any other provision of this Act, through |
| |||||||
| |||||||
1 | December 31, 2018, an organization licensee, with the consent | ||||||
2 | of the horsemen association representing the largest number of | ||||||
3 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
4 | horses at that organization licensee's racing meeting, may | ||||||
5 | maintain a system whereby advance deposit wagering may take | ||||||
6 | place or an organization licensee, with the consent of the | ||||||
7 | horsemen association representing the largest number of | ||||||
8 | owners, trainers, jockeys, or standardbred drivers who race | ||||||
9 | horses at that organization licensee's racing meeting, may | ||||||
10 | contract with another person to carry out a system of advance | ||||||
11 | deposit wagering. Such consent may not be unreasonably | ||||||
12 | withheld. Only with respect to an appeal to the Board that | ||||||
13 | consent for an organization licensee that maintains its own | ||||||
14 | advance deposit wagering system is being unreasonably | ||||||
15 | withheld, the Board shall issue a final order within 30 days | ||||||
16 | after initiation of the appeal, and the organization licensee's | ||||||
17 | advance deposit wagering system may remain operational during | ||||||
18 | that 30-day period. The actions of any organization licensee | ||||||
19 | who conducts advance deposit wagering or any person who has a | ||||||
20 | contract with an organization licensee to conduct advance | ||||||
21 | deposit wagering who conducts advance deposit wagering on or | ||||||
22 | after January 1, 2013 and prior to June 7, 2013 ( the effective | ||||||
23 | date of Public Act 98-18) this amendatory Act of the 98th | ||||||
24 | General Assembly taken in reliance on the changes made to this | ||||||
25 | subsection (g) by Public Act 98-18 this amendatory Act of the | ||||||
26 | 98th General Assembly are hereby validated, provided payment of |
| |||||||
| |||||||
1 | all applicable pari-mutuel taxes are remitted to the Board. All | ||||||
2 | advance deposit wagers placed from within Illinois must be | ||||||
3 | placed through a Board-approved advance deposit wagering | ||||||
4 | licensee; no other entity may accept an advance deposit wager | ||||||
5 | from a person within Illinois. All advance deposit wagering is | ||||||
6 | subject to any rules adopted by the Board. The Board may adopt | ||||||
7 | rules necessary to regulate advance deposit wagering through | ||||||
8 | the use of emergency rulemaking in accordance with Section 5-45 | ||||||
9 | of the Illinois Administrative Procedure Act. The General | ||||||
10 | Assembly finds that the adoption of rules to regulate advance | ||||||
11 | deposit wagering is deemed an emergency and necessary for the | ||||||
12 | public interest, safety, and welfare. An advance deposit | ||||||
13 | wagering licensee may retain all moneys as agreed to by | ||||||
14 | contract with an organization licensee. Any moneys retained by | ||||||
15 | the organization licensee from advance deposit wagering, not | ||||||
16 | including moneys retained by the advance deposit wagering | ||||||
17 | licensee, shall be paid 50% to the organization licensee's | ||||||
18 | purse account and 50% to the organization licensee. With the | ||||||
19 | exception of any organization licensee that is owned by a | ||||||
20 | publicly traded company that is incorporated in a state other | ||||||
21 | than Illinois and advance deposit wagering licensees under | ||||||
22 | contract with such organization licensees, organization | ||||||
23 | licensees that maintain advance deposit wagering systems and | ||||||
24 | advance deposit wagering licensees that contract with | ||||||
25 | organization licensees shall provide sufficiently detailed | ||||||
26 | monthly accountings to the horsemen association representing |
| |||||||
| |||||||
1 | the largest number of owners, trainers, jockeys, or | ||||||
2 | standardbred drivers who race horses at that organization | ||||||
3 | licensee's racing meeting so that the horsemen association, as | ||||||
4 | an interested party, can confirm the accuracy of the amounts | ||||||
5 | paid to the purse account at the horsemen association's | ||||||
6 | affiliated organization licensee from advance deposit | ||||||
7 | wagering. If more than one breed races at the same race track | ||||||
8 | facility, then the 50% of the moneys to be paid to an | ||||||
9 | organization licensee's purse account shall be allocated among | ||||||
10 | all organization licensees' purse accounts operating at that | ||||||
11 | race track facility proportionately based on the actual number | ||||||
12 | of host days that the Board grants to that breed at that race | ||||||
13 | track facility in the current calendar year. To the extent any | ||||||
14 | fees from advance deposit wagering conducted in Illinois for | ||||||
15 | wagers in Illinois or other states have been placed in escrow | ||||||
16 | or otherwise withheld from wagers pending a determination of | ||||||
17 | the legality of advance deposit wagering, no action shall be | ||||||
18 | brought to declare such wagers or the disbursement of any fees | ||||||
19 | previously escrowed illegal. | ||||||
20 | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
| ||||||
21 | inter-track intertrack wagering
licensee other than the | ||||||
22 | host track may supplement the host track simulcast
program | ||||||
23 | with additional simulcast races or race programs, provided | ||||||
24 | that between
January 1 and the third Friday in February of | ||||||
25 | any year, inclusive, if no live
thoroughbred racing is | ||||||
26 | occurring in Illinois during this period, only
|
| |||||||
| |||||||
1 | thoroughbred races may be used
for supplemental interstate | ||||||
2 | simulcast purposes. The Board shall withhold
approval for a | ||||||
3 | supplemental interstate simulcast only if it finds that the
| ||||||
4 | simulcast is clearly adverse to the integrity of racing. A | ||||||
5 | supplemental
interstate simulcast may be transmitted from | ||||||
6 | an inter-track intertrack wagering licensee to
its | ||||||
7 | affiliated non-host licensees. The interstate commission | ||||||
8 | fee for a
supplemental interstate simulcast shall be paid | ||||||
9 | by the non-host licensee and
its affiliated non-host | ||||||
10 | licensees receiving the simulcast.
| ||||||
11 | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
| ||||||
12 | inter-track intertrack wagering
licensee other than the | ||||||
13 | host track may receive supplemental interstate
simulcasts | ||||||
14 | only with the consent of the host track, except when the | ||||||
15 | Board
finds that the simulcast is
clearly adverse to the | ||||||
16 | integrity of racing. Consent granted under this
paragraph | ||||||
17 | (2) to any inter-track intertrack wagering licensee shall | ||||||
18 | be deemed consent to
all non-host licensees. The interstate | ||||||
19 | commission fee for the supplemental
interstate simulcast | ||||||
20 | shall be paid
by all participating non-host licensees.
| ||||||
21 | (3) Each licensee conducting interstate simulcast | ||||||
22 | wagering may retain,
subject to the payment of all | ||||||
23 | applicable taxes and the purses, an amount not to
exceed | ||||||
24 | 17% of all money wagered. If any licensee conducts the | ||||||
25 | pari-mutuel
system wagering on races conducted at | ||||||
26 | racetracks in another state or country,
each such race or |
| |||||||
| |||||||
1 | race program shall be considered a separate racing day for
| ||||||
2 | the purpose of determining the daily handle and computing | ||||||
3 | the privilege tax of
that daily handle as provided in | ||||||
4 | subsection (a) of Section 27.
Until January 1, 2000,
from | ||||||
5 | the sums permitted to be retained pursuant to this | ||||||
6 | subsection, each
inter-track intertrack wagering location | ||||||
7 | licensee shall pay 1% of the pari-mutuel handle
wagered on | ||||||
8 | simulcast wagering to the Horse Racing Tax Allocation Fund, | ||||||
9 | subject
to the provisions of subparagraph (B) of paragraph | ||||||
10 | (11) of subsection (h) of
Section 26 of this Act.
| ||||||
11 | (4) A licensee who receives an interstate simulcast may | ||||||
12 | combine its gross
or net pools with pools at the sending | ||||||
13 | racetracks pursuant to rules established
by the Board. All | ||||||
14 | licensees combining their gross pools
at a
sending | ||||||
15 | racetrack shall adopt the take-out percentages of the | ||||||
16 | sending
racetrack.
A licensee may also establish a separate | ||||||
17 | pool and takeout structure for
wagering purposes on races | ||||||
18 | conducted at race tracks outside of the
State of Illinois. | ||||||
19 | The licensee may permit pari-mutuel wagers placed in other
| ||||||
20 | states or
countries to be combined with its gross or net | ||||||
21 | wagering pools or other
wagering pools.
| ||||||
22 | (5) After the payment of the interstate commission fee | ||||||
23 | (except for the
interstate commission
fee on a supplemental | ||||||
24 | interstate simulcast, which shall be paid by the host
track | ||||||
25 | and by each non-host licensee through the host-track) and | ||||||
26 | all applicable
State and local
taxes, except as provided in |
| |||||||
| |||||||
1 | subsection (g) of Section 27 of this Act, the
remainder of | ||||||
2 | moneys retained from simulcast wagering pursuant to this
| ||||||
3 | subsection (g), and Section 26.2 shall be divided as | ||||||
4 | follows:
| ||||||
5 | (A) For interstate simulcast wagers made at a host | ||||||
6 | track, 50% to the
host
track and 50% to purses at the | ||||||
7 | host track.
| ||||||
8 | (B) For wagers placed on interstate simulcast | ||||||
9 | races, supplemental
simulcasts as defined in | ||||||
10 | subparagraphs (1) and (2), and separately pooled races
| ||||||
11 | conducted outside of the State of Illinois made at a | ||||||
12 | non-host
licensee, 25% to the host
track, 25% to the | ||||||
13 | non-host licensee, and 50% to the purses at the host | ||||||
14 | track.
| ||||||
15 | (6) Notwithstanding any provision in this Act to the | ||||||
16 | contrary, non-host
licensees
who derive their licenses | ||||||
17 | from a track located in a county with a population in
| ||||||
18 | excess of 230,000 and that borders the Mississippi River | ||||||
19 | may receive
supplemental interstate simulcast races at all | ||||||
20 | times subject to Board approval,
which shall be withheld | ||||||
21 | only upon a finding that a supplemental interstate
| ||||||
22 | simulcast is clearly adverse to the integrity of racing.
| ||||||
23 | (7) Notwithstanding any provision of this Act to the | ||||||
24 | contrary, after
payment of all applicable State and local | ||||||
25 | taxes and interstate commission fees,
non-host licensees | ||||||
26 | who derive their licenses from a track located in a county
|
| |||||||
| |||||||
1 | with a population in excess of 230,000 and that borders the | ||||||
2 | Mississippi River
shall retain 50% of the retention from | ||||||
3 | interstate simulcast wagers and shall
pay 50% to purses at | ||||||
4 | the track from which the non-host licensee derives its
| ||||||
5 | license as follows:
| ||||||
6 | (A) Between January 1 and the third Friday in | ||||||
7 | February, inclusive, if no
live thoroughbred racing is | ||||||
8 | occurring in Illinois during this period, when the
| ||||||
9 | interstate simulcast is a standardbred race, the purse | ||||||
10 | share to its
standardbred purse account;
| ||||||
11 | (B) Between January 1 and the third Friday in | ||||||
12 | February, inclusive, if no
live thoroughbred racing is | ||||||
13 | occurring in Illinois during this period, and the
| ||||||
14 | interstate simulcast is a thoroughbred race, the purse | ||||||
15 | share to its interstate
simulcast purse pool to be | ||||||
16 | distributed under paragraph (10) of this subsection
| ||||||
17 | (g);
| ||||||
18 | (C) Between January 1 and the third Friday in | ||||||
19 | February, inclusive, if
live thoroughbred racing is | ||||||
20 | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. | ||||||
21 | the purse share from wagers made during this time | ||||||
22 | period to its
thoroughbred purse account and between | ||||||
23 | 6:30 p.m. and 6:30 a.m. the purse share
from wagers | ||||||
24 | made during this time period to its standardbred purse | ||||||
25 | accounts;
| ||||||
26 | (D) Between the third Saturday in February and |
| |||||||
| |||||||
1 | December 31, when the
interstate simulcast occurs | ||||||
2 | between the hours of 6:30 a.m. and 6:30 p.m., the
purse | ||||||
3 | share to its thoroughbred purse account;
| ||||||
4 | (E) Between the third Saturday in February and | ||||||
5 | December 31, when the
interstate simulcast occurs | ||||||
6 | between the hours of 6:30 p.m. and 6:30 a.m., the
purse | ||||||
7 | share to its standardbred purse account.
| ||||||
8 | (7.1) Notwithstanding any other provision of this Act | ||||||
9 | to the contrary,
if
no
standardbred racing is conducted at | ||||||
10 | a racetrack located in Madison County
during any
calendar | ||||||
11 | year beginning on or after January 1, 2002, all
moneys | ||||||
12 | derived by
that racetrack from simulcast wagering and | ||||||
13 | inter-track wagering that (1) are to
be used
for purses and | ||||||
14 | (2) are generated between the hours of 6:30 p.m. and 6:30 | ||||||
15 | a.m.
during that
calendar year shall
be paid as follows:
| ||||||
16 | (A) If the licensee that conducts horse racing at | ||||||
17 | that racetrack
requests from the Board at least as many | ||||||
18 | racing dates as were conducted in
calendar year 2000, | ||||||
19 | 80% shall be paid to its thoroughbred purse account; | ||||||
20 | and
| ||||||
21 | (B) Twenty percent shall be deposited into the | ||||||
22 | Illinois Colt Stakes
Purse
Distribution
Fund and shall | ||||||
23 | be paid to purses for standardbred races for Illinois | ||||||
24 | conceived
and foaled horses conducted at any county | ||||||
25 | fairgrounds.
The moneys deposited into the Fund | ||||||
26 | pursuant to this subparagraph (B) shall be
deposited
|
| |||||||
| |||||||
1 | within 2
weeks after the day they were generated, shall | ||||||
2 | be in addition to and not in
lieu of any other
moneys | ||||||
3 | paid to standardbred purses under this Act, and shall | ||||||
4 | not be commingled
with other moneys paid into that | ||||||
5 | Fund. The moneys deposited
pursuant to this | ||||||
6 | subparagraph (B) shall be allocated as provided by the
| ||||||
7 | Department of Agriculture, with the advice and | ||||||
8 | assistance of the Illinois
Standardbred
Breeders Fund | ||||||
9 | Advisory Board.
| ||||||
10 | (7.2) Notwithstanding any other provision of this Act | ||||||
11 | to the contrary, if
no
thoroughbred racing is conducted at | ||||||
12 | a racetrack located in Madison County
during any
calendar | ||||||
13 | year beginning on or after January 1,
2002, all
moneys | ||||||
14 | derived by
that racetrack from simulcast wagering and | ||||||
15 | inter-track wagering that (1) are to
be used
for purses and | ||||||
16 | (2) are generated between the hours of 6:30 a.m. and 6:30 | ||||||
17 | p.m.
during that
calendar year shall
be deposited as | ||||||
18 | follows:
| ||||||
19 | (A) If the licensee that conducts horse racing at | ||||||
20 | that racetrack
requests from the
Board at least
as many | ||||||
21 | racing dates as were conducted in calendar year 2000, | ||||||
22 | 80%
shall be deposited into its standardbred purse
| ||||||
23 | account; and
| ||||||
24 | (B) Twenty percent shall be deposited into the | ||||||
25 | Illinois Colt Stakes
Purse
Distribution Fund. Moneys | ||||||
26 | deposited into the Illinois Colt Stakes Purse
|
| |||||||
| |||||||
1 | Distribution Fund
pursuant to this subparagraph (B) | ||||||
2 | shall be paid to Illinois
conceived and foaled | ||||||
3 | thoroughbred breeders' programs
and to thoroughbred | ||||||
4 | purses for races conducted at any county fairgrounds | ||||||
5 | for
Illinois conceived
and foaled horses at the | ||||||
6 | discretion of the
Department of Agriculture, with the | ||||||
7 | advice and assistance of
the Illinois Thoroughbred | ||||||
8 | Breeders Fund Advisory
Board. The moneys deposited | ||||||
9 | into the Illinois Colt Stakes Purse Distribution
Fund
| ||||||
10 | pursuant to this subparagraph (B) shall be deposited | ||||||
11 | within 2 weeks
after the day they were generated, shall | ||||||
12 | be in addition to and not in
lieu of any other moneys | ||||||
13 | paid to thoroughbred purses
under this Act, and shall | ||||||
14 | not be commingled with other moneys deposited into
that | ||||||
15 | Fund.
| ||||||
16 | (7.3) If no live standardbred racing is conducted at a | ||||||
17 | racetrack located
in
Madison
County in calendar year 2000 | ||||||
18 | or 2001,
an organization licensee who is licensed
to | ||||||
19 | conduct horse racing at that racetrack shall, before | ||||||
20 | January 1, 2002, pay
all
moneys derived from simulcast | ||||||
21 | wagering and inter-track wagering in calendar
years 2000 | ||||||
22 | and 2001 and
paid into the licensee's standardbred purse | ||||||
23 | account as follows:
| ||||||
24 | (A) Eighty percent to that licensee's thoroughbred | ||||||
25 | purse account to
be used for thoroughbred purses; and
| ||||||
26 | (B) Twenty percent to the Illinois Colt Stakes |
| |||||||
| |||||||
1 | Purse Distribution
Fund.
| ||||||
2 | Failure to make the payment to the Illinois Colt Stakes | ||||||
3 | Purse Distribution
Fund before January 1, 2002
shall
result | ||||||
4 | in the immediate revocation of the licensee's organization
| ||||||
5 | license, inter-track wagering license, and inter-track | ||||||
6 | wagering location
license.
| ||||||
7 | Moneys paid into the Illinois
Colt Stakes Purse | ||||||
8 | Distribution Fund pursuant to this
paragraph (7.3) shall be | ||||||
9 | paid to purses for standardbred
races for Illinois | ||||||
10 | conceived and foaled horses conducted
at any county
| ||||||
11 | fairgrounds.
Moneys paid into the Illinois
Colt Stakes | ||||||
12 | Purse Distribution Fund pursuant to this
paragraph (7.3) | ||||||
13 | shall be used as determined by the
Department of | ||||||
14 | Agriculture, with the advice and assistance of the
Illinois | ||||||
15 | Standardbred Breeders Fund Advisory Board, shall be in | ||||||
16 | addition to
and not in lieu of any other moneys paid to | ||||||
17 | standardbred purses under this Act,
and shall not be | ||||||
18 | commingled
with any other moneys paid into that Fund.
| ||||||
19 | (7.4) If live standardbred racing is conducted at a | ||||||
20 | racetrack located in
Madison
County at any time in calendar | ||||||
21 | year 2001 before the payment required
under
paragraph (7.3) | ||||||
22 | has been made, the organization licensee who is licensed to
| ||||||
23 | conduct
racing at that racetrack shall pay all moneys | ||||||
24 | derived by that racetrack from
simulcast
wagering and | ||||||
25 | inter-track wagering during calendar years 2000 and 2001 | ||||||
26 | that (1)
are to be
used for purses and (2) are generated |
| |||||||
| |||||||
1 | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or | ||||||
2 | 2001 to the standardbred purse account at that
racetrack to
| ||||||
3 | be used for standardbred purses.
| ||||||
4 | (8) Notwithstanding any provision in this Act to the | ||||||
5 | contrary, an
organization licensee from a track located in | ||||||
6 | a county with a population in
excess of 230,000 and that | ||||||
7 | borders the Mississippi River and its affiliated
non-host | ||||||
8 | licensees shall not be entitled to share in any retention | ||||||
9 | generated on
racing, inter-track wagering, or simulcast | ||||||
10 | wagering at any other Illinois
wagering facility.
| ||||||
11 | (8.1) Notwithstanding any provisions in this Act to the | ||||||
12 | contrary, if 2
organization licensees
are conducting | ||||||
13 | standardbred race meetings concurrently
between the hours | ||||||
14 | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
| ||||||
15 | State and local taxes and interstate commission fees, the | ||||||
16 | remainder of the
amount retained from simulcast wagering | ||||||
17 | otherwise attributable to the host
track and to host track | ||||||
18 | purses shall be split daily between the 2
organization | ||||||
19 | licensees and the purses at the tracks of the 2 | ||||||
20 | organization
licensees, respectively, based on each | ||||||
21 | organization licensee's share
of the total live handle for | ||||||
22 | that day,
provided that this provision shall not apply to | ||||||
23 | any non-host licensee that
derives its license from a track | ||||||
24 | located in a county with a population in
excess of 230,000 | ||||||
25 | and that borders the Mississippi River.
| ||||||
26 | (9) (Blank).
|
| |||||||
| |||||||
1 | (10) (Blank).
| ||||||
2 | (11) (Blank).
| ||||||
3 | (12) The Board shall have authority to compel all host | ||||||
4 | tracks to receive
the simulcast of any or all races | ||||||
5 | conducted at the Springfield or DuQuoin State
fairgrounds | ||||||
6 | and include all such races as part of their simulcast | ||||||
7 | programs.
| ||||||
8 | (13) Notwithstanding any other provision of this Act, | ||||||
9 | in the event that
the total Illinois pari-mutuel handle on | ||||||
10 | Illinois horse races at all wagering
facilities in any | ||||||
11 | calendar year is less than 75% of the total Illinois
| ||||||
12 | pari-mutuel handle on Illinois horse races at all such | ||||||
13 | wagering facilities for
calendar year 1994, then each | ||||||
14 | wagering facility that has an annual total
Illinois | ||||||
15 | pari-mutuel handle on Illinois horse races that is less | ||||||
16 | than 75% of
the total Illinois pari-mutuel handle on | ||||||
17 | Illinois horse races at such wagering
facility for calendar | ||||||
18 | year 1994, shall be permitted to receive, from any amount
| ||||||
19 | otherwise
payable to the purse account at the race track | ||||||
20 | with which the wagering facility
is affiliated in the | ||||||
21 | succeeding calendar year, an amount equal to 2% of the
| ||||||
22 | differential in total Illinois pari-mutuel handle on | ||||||
23 | Illinois horse
races at the wagering facility between that | ||||||
24 | calendar year in question and 1994
provided, however, that | ||||||
25 | a
wagering facility shall not be entitled to any such | ||||||
26 | payment until the Board
certifies in writing to the |
| |||||||
| |||||||
1 | wagering facility the amount to which the wagering
facility | ||||||
2 | is entitled
and a schedule for payment of the amount to the | ||||||
3 | wagering facility, based on:
(i) the racing dates awarded | ||||||
4 | to the race track affiliated with the wagering
facility | ||||||
5 | during the succeeding year; (ii) the sums available or | ||||||
6 | anticipated to
be available in the purse account of the | ||||||
7 | race track affiliated with the
wagering facility for purses | ||||||
8 | during the succeeding year; and (iii) the need to
ensure | ||||||
9 | reasonable purse levels during the payment period.
The | ||||||
10 | Board's certification
shall be provided no later than | ||||||
11 | January 31 of the succeeding year.
In the event a wagering | ||||||
12 | facility entitled to a payment under this paragraph
(13) is | ||||||
13 | affiliated with a race track that maintains purse accounts | ||||||
14 | for both
standardbred and thoroughbred racing, the amount | ||||||
15 | to be paid to the wagering
facility shall be divided | ||||||
16 | between each purse account pro rata, based on the
amount of | ||||||
17 | Illinois handle on Illinois standardbred and thoroughbred | ||||||
18 | racing
respectively at the wagering facility during the | ||||||
19 | previous calendar year.
Annually, the General Assembly | ||||||
20 | shall appropriate sufficient funds from the
General | ||||||
21 | Revenue Fund to the Department of Agriculture for payment | ||||||
22 | into the
thoroughbred and standardbred horse racing purse | ||||||
23 | accounts at
Illinois pari-mutuel tracks. The amount paid to | ||||||
24 | each purse account shall be
the amount certified by the | ||||||
25 | Illinois Racing Board in January to be
transferred from | ||||||
26 | each account to each eligible racing facility in
accordance |
| |||||||
| |||||||
1 | with the provisions of this Section. Beginning in the | ||||||
2 | calendar year in which an organization licensee that is | ||||||
3 | eligible to receive payment under this paragraph (13) | ||||||
4 | begins to receive funds from electronic gaming, the amount | ||||||
5 | of the payment due to all wagering facilities licensed | ||||||
6 | under that organization licensee under this paragraph (13) | ||||||
7 | shall be the amount certified by the Board in January of | ||||||
8 | that year. An organization licensee and its related | ||||||
9 | wagering facilities shall no longer be able to receive | ||||||
10 | payments under this paragraph (13) beginning in the year | ||||||
11 | subsequent to the first year in which the organization | ||||||
12 | licensee begins to receive funds from electronic gaming.
| ||||||
13 | (h) The Board may approve and license the conduct of | ||||||
14 | inter-track wagering
and simulcast wagering by inter-track | ||||||
15 | wagering licensees and inter-track
wagering location licensees | ||||||
16 | subject to the following terms and conditions:
| ||||||
17 | (1) Any person licensed to conduct a race meeting (i) | ||||||
18 | at a track where
60 or more days of racing were conducted | ||||||
19 | during the immediately preceding
calendar year or where | ||||||
20 | over the 5 immediately preceding calendar years an
average | ||||||
21 | of 30 or more days of racing were conducted annually may be | ||||||
22 | issued an
inter-track wagering license; (ii) at a track
| ||||||
23 | located in a county that is bounded by the Mississippi | ||||||
24 | River, which has a
population of less than 150,000 | ||||||
25 | according to the 1990 decennial census, and an
average of | ||||||
26 | at least 60 days of racing per year between 1985 and 1993 |
| |||||||
| |||||||
1 | may be
issued an inter-track wagering license; or (iii) at | ||||||
2 | a track
located in Madison
County that conducted at least | ||||||
3 | 100 days of live racing during the immediately
preceding
| ||||||
4 | calendar year may be issued an inter-track wagering | ||||||
5 | license, unless a lesser
schedule of
live racing is the | ||||||
6 | result of (A) weather, unsafe track conditions, or other
| ||||||
7 | acts of God; (B)
an agreement between the organization | ||||||
8 | licensee and the associations
representing the
largest | ||||||
9 | number of owners, trainers, jockeys, or standardbred | ||||||
10 | drivers who race
horses at
that organization licensee's | ||||||
11 | racing meeting; or (C) a finding by the Board of
| ||||||
12 | extraordinary circumstances and that it was in the best | ||||||
13 | interest of the public
and the sport to conduct fewer than | ||||||
14 | 100 days of live racing. Any such person
having operating | ||||||
15 | control of the racing facility may receive
inter-track | ||||||
16 | wagering
location licenses. An
eligible race track located | ||||||
17 | in a county that has a population of more than
230,000 and | ||||||
18 | that is bounded by the Mississippi River may establish up | ||||||
19 | to 9
inter-track wagering locations , and an eligible race | ||||||
20 | track located in Stickney Township in Cook County may | ||||||
21 | establish up to 16 inter-track wagering locations , and an | ||||||
22 | eligible race track located in Palatine Township in Cook | ||||||
23 | County may establish up to 18 inter-track wagering | ||||||
24 | locations.
An application for
said license shall be filed | ||||||
25 | with the Board prior to such dates as may be
fixed by the | ||||||
26 | Board. With an application for an inter-track
wagering
|
| |||||||
| |||||||
1 | location license there shall be delivered to the Board a | ||||||
2 | certified check or
bank draft payable to the order of the | ||||||
3 | Board for an amount equal to $500.
The application shall be | ||||||
4 | on forms prescribed and furnished by the Board. The
| ||||||
5 | application shall comply with all other rules,
regulations | ||||||
6 | and conditions imposed by the Board in connection | ||||||
7 | therewith.
| ||||||
8 | (2) The Board shall examine the applications with | ||||||
9 | respect to their
conformity with this Act and the rules and | ||||||
10 | regulations imposed by the
Board. If found to be in | ||||||
11 | compliance with the Act and rules and regulations
of the | ||||||
12 | Board, the Board may then issue a license to conduct | ||||||
13 | inter-track
wagering and simulcast wagering to such | ||||||
14 | applicant. All such applications
shall be acted upon by the | ||||||
15 | Board at a meeting to be held on such date as may be
fixed | ||||||
16 | by the Board.
| ||||||
17 | (3) In granting licenses to conduct inter-track | ||||||
18 | wagering and simulcast
wagering, the Board shall give due | ||||||
19 | consideration to
the best interests of the
public, of horse | ||||||
20 | racing, and of maximizing revenue to the State.
| ||||||
21 | (4) Prior to the issuance of a license to conduct | ||||||
22 | inter-track wagering
and simulcast wagering,
the applicant | ||||||
23 | shall file with the Board a bond payable to the State of | ||||||
24 | Illinois
in the sum of $50,000, executed by the applicant | ||||||
25 | and a surety company or
companies authorized to do business | ||||||
26 | in this State, and conditioned upon
(i) the payment by the |
| |||||||
| |||||||
1 | licensee of all taxes due under Section 27 or 27.1
and any | ||||||
2 | other monies due and payable under this Act, and (ii)
| ||||||
3 | distribution by the licensee, upon presentation of the | ||||||
4 | winning ticket or
tickets, of all sums payable to the | ||||||
5 | patrons of pari-mutuel pools.
| ||||||
6 | (5) Each license to conduct inter-track wagering and | ||||||
7 | simulcast
wagering shall specify the person
to whom it is | ||||||
8 | issued, the dates on which such wagering is permitted, and
| ||||||
9 | the track or location where the wagering is to be | ||||||
10 | conducted.
| ||||||
11 | (6) All wagering under such license is subject to this | ||||||
12 | Act and to the
rules and regulations from time to time | ||||||
13 | prescribed by the Board, and every
such license issued by | ||||||
14 | the Board shall contain a recital to that effect.
| ||||||
15 | (7) An inter-track wagering licensee or inter-track | ||||||
16 | wagering location
licensee may accept wagers at the track | ||||||
17 | or location
where it is licensed, or as otherwise provided | ||||||
18 | under this Act.
| ||||||
19 | (8) Inter-track wagering or simulcast wagering shall | ||||||
20 | not be
conducted
at any track less than 4 5 miles from a | ||||||
21 | track at which a racing meeting is in
progress.
| ||||||
22 | (8.1) Inter-track wagering location
licensees who | ||||||
23 | derive their licenses from a particular organization | ||||||
24 | licensee
shall conduct inter-track wagering and simulcast | ||||||
25 | wagering only at locations that
are within 160 miles of | ||||||
26 | that race track
where
the particular organization licensee |
| |||||||
| |||||||
1 | is licensed to conduct racing. However, inter-track | ||||||
2 | wagering and simulcast wagering
shall not
be conducted by | ||||||
3 | those licensees at any location within 5 miles of any race
| ||||||
4 | track at which a
horse race meeting has been licensed in | ||||||
5 | the current year, unless the person
having operating | ||||||
6 | control of such race track has given its written consent
to | ||||||
7 | such inter-track wagering location licensees,
which | ||||||
8 | consent
must be filed with the Board at or prior to the | ||||||
9 | time application is made. In the case of any inter-track | ||||||
10 | wagering location licensee initially licensed after | ||||||
11 | December 31, 2013, inter-track wagering and simulcast | ||||||
12 | wagering shall not be conducted by those inter-track | ||||||
13 | wagering location licensees that are located outside the | ||||||
14 | City of Chicago at any location within 8 miles of any race | ||||||
15 | track at which a horse race meeting has been licensed in | ||||||
16 | the current year, unless the person having operating | ||||||
17 | control of such race track has given its written consent to | ||||||
18 | such inter-track wagering location licensees, which | ||||||
19 | consent must be filed with the Board at or prior to the | ||||||
20 | time application is made.
| ||||||
21 | (8.2) Inter-track wagering or simulcast wagering shall | ||||||
22 | not be
conducted by an inter-track
wagering location | ||||||
23 | licensee at any location within 500 feet of an
existing
| ||||||
24 | church , an or existing elementary or secondary public | ||||||
25 | school, or an existing elementary or secondary private | ||||||
26 | school registered with or recognized by the State Board of |
| |||||||
| |||||||
1 | Education school , nor within 500 feet of the residences
of | ||||||
2 | more than 50 registered voters without
receiving written | ||||||
3 | permission from a majority of the registered
voters at such | ||||||
4 | residences.
Such written permission statements shall be | ||||||
5 | filed with the Board. The
distance of 500 feet shall be | ||||||
6 | measured to the nearest part of any
building
used for | ||||||
7 | worship services, education programs, residential | ||||||
8 | purposes, or
conducting inter-track wagering by an | ||||||
9 | inter-track wagering location
licensee, and not to | ||||||
10 | property boundaries. However, inter-track wagering or
| ||||||
11 | simulcast wagering may be conducted at a site within 500 | ||||||
12 | feet of
a church, school or residences
of 50 or more | ||||||
13 | registered voters if such church, school
or residences have | ||||||
14 | been erected
or established, or such voters have been | ||||||
15 | registered, after
the Board issues
the original | ||||||
16 | inter-track wagering location license at the site in | ||||||
17 | question.
Inter-track wagering location licensees may | ||||||
18 | conduct inter-track wagering
and simulcast wagering only | ||||||
19 | in areas that are zoned for
commercial or manufacturing | ||||||
20 | purposes or
in areas for which a special use has been | ||||||
21 | approved by the local zoning
authority. However, no license | ||||||
22 | to conduct inter-track wagering and simulcast
wagering | ||||||
23 | shall be
granted by the Board with respect to any | ||||||
24 | inter-track wagering location
within the jurisdiction of | ||||||
25 | any local zoning authority which has, by
ordinance or by | ||||||
26 | resolution, prohibited the establishment of an inter-track
|
| |||||||
| |||||||
1 | wagering location within its jurisdiction. However, | ||||||
2 | inter-track wagering
and simulcast wagering may be | ||||||
3 | conducted at a site if such ordinance or
resolution is | ||||||
4 | enacted after
the Board licenses the original inter-track | ||||||
5 | wagering location
licensee for the site in question.
| ||||||
6 | (9) (Blank).
| ||||||
7 | (10) An inter-track wagering licensee or an | ||||||
8 | inter-track wagering
location licensee may retain, subject | ||||||
9 | to the
payment of the privilege taxes and the purses, an | ||||||
10 | amount not to
exceed 17% of all money wagered. Each program | ||||||
11 | of racing conducted by
each inter-track wagering licensee | ||||||
12 | or inter-track wagering location
licensee shall be | ||||||
13 | considered a separate racing day for the purpose of
| ||||||
14 | determining the daily handle and computing the privilege | ||||||
15 | tax or pari-mutuel
tax on such daily
handle as provided in | ||||||
16 | Section 27.
| ||||||
17 | (10.1) Except as provided in subsection (g) of Section | ||||||
18 | 27 of this Act,
inter-track wagering location licensees | ||||||
19 | shall pay 1% of the
pari-mutuel handle at each location to | ||||||
20 | the municipality in which such
location is situated and 1% | ||||||
21 | of the pari-mutuel handle at each location to
the county in | ||||||
22 | which such location is situated. In the event that an
| ||||||
23 | inter-track wagering location licensee is situated in an | ||||||
24 | unincorporated
area of a county, such licensee shall pay 2% | ||||||
25 | of the pari-mutuel handle from
such location to such | ||||||
26 | county.
|
| |||||||
| |||||||
1 | (10.2) Notwithstanding any other provision of this | ||||||
2 | Act, with respect to inter-track
intertrack wagering at a | ||||||
3 | race track located in a
county that has a population of
| ||||||
4 | more than 230,000 and that is bounded by the Mississippi | ||||||
5 | River ("the first race
track"), or at a facility operated | ||||||
6 | by an inter-track wagering licensee or
inter-track | ||||||
7 | wagering location licensee that derives its license from | ||||||
8 | the
organization licensee that operates the first race | ||||||
9 | track, on races conducted at
the first race track or on | ||||||
10 | races conducted at another Illinois race track
and | ||||||
11 | simultaneously televised to the first race track or to a | ||||||
12 | facility operated
by an inter-track wagering licensee or | ||||||
13 | inter-track wagering location licensee
that derives its | ||||||
14 | license from the organization licensee that operates the | ||||||
15 | first
race track, those moneys shall be allocated as | ||||||
16 | follows:
| ||||||
17 | (A) That portion of all moneys wagered on | ||||||
18 | standardbred racing that is
required under this Act to | ||||||
19 | be paid to purses shall be paid to purses for
| ||||||
20 | standardbred races.
| ||||||
21 | (B) That portion of all moneys wagered on | ||||||
22 | thoroughbred racing
that is required under this Act to | ||||||
23 | be paid to purses shall be paid to purses
for | ||||||
24 | thoroughbred races.
| ||||||
25 | (11) (A) After payment of the privilege or pari-mutuel | ||||||
26 | tax, any other
applicable
taxes, and
the costs and expenses |
| |||||||
| |||||||
1 | in connection with the gathering, transmission, and
| ||||||
2 | dissemination of all data necessary to the conduct of | ||||||
3 | inter-track wagering,
the remainder of the monies retained | ||||||
4 | under either Section 26 or Section 26.2
of this Act by the | ||||||
5 | inter-track wagering licensee on inter-track wagering
| ||||||
6 | shall be allocated with 50% to be split between the
2 | ||||||
7 | participating licensees and 50% to purses, except
that an | ||||||
8 | inter-track intertrack wagering licensee that derives its
| ||||||
9 | license from a track located in a county with a population | ||||||
10 | in excess of 230,000
and that borders the Mississippi River | ||||||
11 | shall not divide any remaining
retention with the Illinois | ||||||
12 | organization licensee that provides the race or
races, and | ||||||
13 | an inter-track intertrack wagering licensee that accepts | ||||||
14 | wagers on races
conducted by an organization licensee that | ||||||
15 | conducts a race meet in a county
with a population in | ||||||
16 | excess of 230,000 and that borders the Mississippi River
| ||||||
17 | shall not divide any remaining retention with that | ||||||
18 | organization licensee.
| ||||||
19 | (B) From the
sums permitted to be retained pursuant to | ||||||
20 | this Act each inter-track wagering
location licensee shall | ||||||
21 | pay (i) the privilege or pari-mutuel tax to the
State; (ii) | ||||||
22 | 4.75% of the
pari-mutuel handle on inter-track intertrack | ||||||
23 | wagering at such location on
races as purses, except that
| ||||||
24 | an inter-track intertrack wagering location licensee that | ||||||
25 | derives its license from a
track located in a county with a | ||||||
26 | population in excess of 230,000 and that
borders the |
| |||||||
| |||||||
1 | Mississippi River shall retain all purse moneys for its own | ||||||
2 | purse
account consistent with distribution set forth in | ||||||
3 | this subsection (h), and inter-track
intertrack wagering | ||||||
4 | location licensees that accept wagers on races
conducted
by | ||||||
5 | an organization licensee located in a county with a | ||||||
6 | population in excess of
230,000 and that borders the | ||||||
7 | Mississippi River shall distribute all purse
moneys to | ||||||
8 | purses at the operating host track; (iii) until January 1, | ||||||
9 | 2000,
except as
provided in
subsection (g) of Section 27 of | ||||||
10 | this Act, 1% of the
pari-mutuel handle wagered on | ||||||
11 | inter-track wagering and simulcast wagering at
each | ||||||
12 | inter-track wagering
location licensee facility to the | ||||||
13 | Horse Racing Tax Allocation Fund, provided
that, to the | ||||||
14 | extent the total amount collected and distributed to the | ||||||
15 | Horse
Racing Tax Allocation Fund under this subsection (h) | ||||||
16 | during any calendar year
exceeds the amount collected and | ||||||
17 | distributed to the Horse Racing Tax Allocation
Fund during | ||||||
18 | calendar year 1994, that excess amount shall be | ||||||
19 | redistributed (I)
to all inter-track wagering location | ||||||
20 | licensees, based on each licensee's
pro-rata share of the | ||||||
21 | total handle from inter-track wagering and simulcast
| ||||||
22 | wagering for all inter-track wagering location licensees | ||||||
23 | during the calendar
year in which this provision is | ||||||
24 | applicable; then (II) the amounts redistributed
to each | ||||||
25 | inter-track wagering location licensee as described in | ||||||
26 | subpart (I)
shall be further redistributed as provided in |
| |||||||
| |||||||
1 | subparagraph (B) of paragraph (5)
of subsection (g) of this | ||||||
2 | Section 26 provided first, that the shares of those
| ||||||
3 | amounts, which are to be redistributed to the host track or | ||||||
4 | to purses at the
host track under subparagraph (B) of | ||||||
5 | paragraph (5) of subsection (g) of this
Section 26 shall be
| ||||||
6 | redistributed based on each host track's pro rata share of | ||||||
7 | the total
inter-track
wagering and simulcast wagering | ||||||
8 | handle at all host tracks during the calendar
year in | ||||||
9 | question, and second, that any amounts redistributed as | ||||||
10 | described in
part (I) to an inter-track wagering location | ||||||
11 | licensee that accepts
wagers on races conducted by an | ||||||
12 | organization licensee that conducts a race meet
in a county | ||||||
13 | with a population in excess of 230,000 and that borders the
| ||||||
14 | Mississippi River shall be further redistributed as | ||||||
15 | provided in subparagraphs
(D) and (E) of paragraph (7) of | ||||||
16 | subsection (g) of this Section 26, with the
portion of that
| ||||||
17 | further redistribution allocated to purses at that | ||||||
18 | organization licensee to be
divided between standardbred | ||||||
19 | purses and thoroughbred purses based on the
amounts | ||||||
20 | otherwise allocated to purses at that organization | ||||||
21 | licensee during the
calendar year in question; and (iv) 8% | ||||||
22 | of the pari-mutuel handle on
inter-track wagering wagered | ||||||
23 | at
such location to satisfy all costs and expenses of | ||||||
24 | conducting its wagering. The
remainder of the monies | ||||||
25 | retained by the inter-track wagering location licensee
| ||||||
26 | shall be allocated 40% to the location licensee and 60% to |
| |||||||
| |||||||
1 | the organization
licensee which provides the Illinois | ||||||
2 | races to the location, except that an inter-track
| ||||||
3 | intertrack wagering location
licensee that derives its | ||||||
4 | license from a track located in a county with a
population | ||||||
5 | in excess of 230,000 and that borders the Mississippi River | ||||||
6 | shall
not divide any remaining retention with the | ||||||
7 | organization licensee that provides
the race or races and | ||||||
8 | an inter-track intertrack wagering location licensee that | ||||||
9 | accepts
wagers on races conducted by an organization | ||||||
10 | licensee that conducts a race meet
in a county with a | ||||||
11 | population in excess of 230,000 and that borders the
| ||||||
12 | Mississippi River shall not divide any remaining retention | ||||||
13 | with the
organization licensee.
Notwithstanding the | ||||||
14 | provisions of clauses (ii) and (iv) of this
paragraph, in | ||||||
15 | the case of the additional inter-track wagering location | ||||||
16 | licenses
authorized under paragraph (1) of this subsection | ||||||
17 | (h) by Public Act 87-110 this amendatory
Act of 1991 , those | ||||||
18 | licensees shall pay the following amounts as purses:
during | ||||||
19 | the first 12 months the licensee is in operation, 5.25% of
| ||||||
20 | the
pari-mutuel handle wagered at the location on races; | ||||||
21 | during the second 12
months, 5.25%; during the third 12 | ||||||
22 | months, 5.75%;
during
the fourth 12 months,
6.25%; and | ||||||
23 | during the fifth 12 months and thereafter, 6.75%. The
| ||||||
24 | following amounts shall be retained by the licensee to | ||||||
25 | satisfy all costs
and expenses of conducting its wagering: | ||||||
26 | during the first 12 months the
licensee is in operation, |
| |||||||
| |||||||
1 | 8.25% of the pari-mutuel handle wagered
at the
location; | ||||||
2 | during the second 12 months, 8.25%; during the third 12
| ||||||
3 | months, 7.75%;
during the fourth 12 months, 7.25%; and | ||||||
4 | during the fifth 12 months
and
thereafter, 6.75%.
For | ||||||
5 | additional inter-track intertrack wagering location | ||||||
6 | licensees authorized under Public Act 89-16 this
| ||||||
7 | amendatory
Act of 1995 , purses for the first 12 months the | ||||||
8 | licensee is in operation shall
be 5.75% of the pari-mutuel | ||||||
9 | wagered
at the location, purses for the second 12 months | ||||||
10 | the licensee is in operation
shall be 6.25%, and purses
| ||||||
11 | thereafter shall be 6.75%. For additional inter-track | ||||||
12 | intertrack location
licensees
authorized under Public Act | ||||||
13 | 89-16
this amendatory Act of 1995 , the licensee shall be | ||||||
14 | allowed to retain to satisfy
all costs and expenses: 7.75% | ||||||
15 | of the pari-mutuel handle wagered at
the location
during | ||||||
16 | its first 12 months of operation, 7.25% during its second
| ||||||
17 | 12
months of
operation, and 6.75% thereafter.
| ||||||
18 | (C) There is hereby created the Horse Racing Tax | ||||||
19 | Allocation Fund
which shall remain in existence until | ||||||
20 | December 31, 1999. Moneys
remaining in the Fund after | ||||||
21 | December 31, 1999
shall be paid into the
General Revenue | ||||||
22 | Fund. Until January 1, 2000,
all monies paid into the Horse | ||||||
23 | Racing Tax Allocation Fund pursuant to this
paragraph (11) | ||||||
24 | by inter-track wagering location licensees located in park
| ||||||
25 | districts of 500,000 population or less, or in a | ||||||
26 | municipality that is not
included within any park district |
| |||||||
| |||||||
1 | but is included within a conservation
district and is the | ||||||
2 | county seat of a county that (i) is contiguous to the state
| ||||||
3 | of Indiana and (ii) has a 1990 population of 88,257 | ||||||
4 | according to the United
States Bureau of the Census, and | ||||||
5 | operating on May 1, 1994 shall be
allocated by | ||||||
6 | appropriation as follows:
| ||||||
7 | Two-sevenths to the Department of Agriculture. | ||||||
8 | Fifty percent of
this two-sevenths shall be used to | ||||||
9 | promote the Illinois horse racing and
breeding | ||||||
10 | industry, and shall be distributed by the Department of | ||||||
11 | Agriculture
upon the advice of a 9-member committee | ||||||
12 | appointed by the Governor consisting of
the following | ||||||
13 | members: the Director of Agriculture, who shall serve | ||||||
14 | as
chairman; 2 representatives of organization | ||||||
15 | licensees conducting thoroughbred
race meetings in | ||||||
16 | this State, recommended by those licensees; 2 | ||||||
17 | representatives
of organization licensees conducting | ||||||
18 | standardbred race meetings in this State,
recommended | ||||||
19 | by those licensees; a representative of the Illinois
| ||||||
20 | Thoroughbred Breeders and Owners Foundation, | ||||||
21 | recommended by that
Foundation; a representative of | ||||||
22 | the Illinois Standardbred Owners and
Breeders | ||||||
23 | Association, recommended
by that Association; a | ||||||
24 | representative of
the Horsemen's Benevolent and | ||||||
25 | Protective Association or any successor
organization | ||||||
26 | thereto established in Illinois comprised of the |
| |||||||
| |||||||
1 | largest number of
owners and trainers, recommended by | ||||||
2 | that
Association or that successor organization; and a
| ||||||
3 | representative of the Illinois Harness Horsemen's
| ||||||
4 | Association, recommended by that Association. | ||||||
5 | Committee members shall
serve for terms of 2 years, | ||||||
6 | commencing January 1 of each even-numbered
year. If a | ||||||
7 | representative of any of the above-named entities has | ||||||
8 | not been
recommended by January 1 of any even-numbered | ||||||
9 | year, the Governor shall
appoint a committee member to | ||||||
10 | fill that position. Committee members shall
receive no | ||||||
11 | compensation for their services as members but shall be
| ||||||
12 | reimbursed for all actual and necessary expenses and | ||||||
13 | disbursements incurred
in the performance of their | ||||||
14 | official duties. The remaining 50% of this
| ||||||
15 | two-sevenths shall be distributed to county fairs for | ||||||
16 | premiums and
rehabilitation as set forth in the | ||||||
17 | Agricultural Fair Act;
| ||||||
18 | Four-sevenths to park districts or municipalities | ||||||
19 | that do not have a
park district of 500,000 population | ||||||
20 | or less for museum purposes (if an
inter-track wagering | ||||||
21 | location licensee is located in such a park district) | ||||||
22 | or
to conservation districts for museum purposes (if an | ||||||
23 | inter-track wagering
location licensee is located in a | ||||||
24 | municipality that is not included within any
park | ||||||
25 | district but is included within a conservation | ||||||
26 | district and is the county
seat of a county that (i) is |
| |||||||
| |||||||
1 | contiguous to the state of Indiana and (ii) has a
1990 | ||||||
2 | population of 88,257 according to the United States | ||||||
3 | Bureau of the Census,
except that if the conservation | ||||||
4 | district does not maintain a museum, the monies
shall | ||||||
5 | be allocated equally between the county and the | ||||||
6 | municipality in which the
inter-track wagering | ||||||
7 | location licensee is located for general purposes) or | ||||||
8 | to a
municipal recreation board for park purposes (if | ||||||
9 | an inter-track wagering
location licensee is located | ||||||
10 | in a municipality that is not included within any
park | ||||||
11 | district and park maintenance is the function of the | ||||||
12 | municipal recreation
board and the municipality has a | ||||||
13 | 1990 population of 9,302 according to the
United States | ||||||
14 | Bureau of the Census); provided that the monies are | ||||||
15 | distributed
to each park district or conservation | ||||||
16 | district or municipality that does not
have a park | ||||||
17 | district in an amount equal to four-sevenths of the | ||||||
18 | amount
collected by each inter-track wagering location | ||||||
19 | licensee within the park
district or conservation | ||||||
20 | district or municipality for the Fund. Monies that
were | ||||||
21 | paid into the Horse Racing Tax Allocation Fund before | ||||||
22 | August 9, 1991 ( the effective date
of Public Act | ||||||
23 | 87-110) this amendatory Act of 1991 by an inter-track | ||||||
24 | wagering location licensee
located in a municipality | ||||||
25 | that is not included within any park district but is
| ||||||
26 | included within a conservation district as provided in |
| |||||||
| |||||||
1 | this paragraph shall, as
soon as practicable after | ||||||
2 | August 9, 1991 ( the effective date of Public Act | ||||||
3 | 87-110) this amendatory Act of 1991 , be
allocated and | ||||||
4 | paid to that conservation district as provided in this | ||||||
5 | paragraph.
Any park district or municipality not | ||||||
6 | maintaining a museum may deposit the
monies in the | ||||||
7 | corporate fund of the park district or municipality | ||||||
8 | where the
inter-track wagering location is located, to | ||||||
9 | be used for general purposes;
and
| ||||||
10 | One-seventh to the Agricultural Premium Fund to be | ||||||
11 | used for distribution
to agricultural home economics | ||||||
12 | extension councils in accordance with "An
Act in | ||||||
13 | relation to additional support and finances for the | ||||||
14 | Agricultural and
Home Economic Extension Councils in | ||||||
15 | the several counties of this State and
making an | ||||||
16 | appropriation therefor", approved July 24, 1967.
| ||||||
17 | Until January 1, 2000, all other
monies paid into the | ||||||
18 | Horse Racing Tax
Allocation Fund pursuant to
this paragraph | ||||||
19 | (11) shall be allocated by appropriation as follows:
| ||||||
20 | Two-sevenths to the Department of Agriculture. | ||||||
21 | Fifty percent of this
two-sevenths shall be used to | ||||||
22 | promote the Illinois horse racing and breeding
| ||||||
23 | industry, and shall be distributed by the Department of | ||||||
24 | Agriculture upon the
advice of a 9-member committee | ||||||
25 | appointed by the Governor consisting of the
following | ||||||
26 | members: the Director of Agriculture, who shall serve |
| |||||||
| |||||||
1 | as chairman; 2
representatives of organization | ||||||
2 | licensees conducting thoroughbred race meetings
in | ||||||
3 | this State, recommended by those licensees; 2 | ||||||
4 | representatives of
organization licensees conducting | ||||||
5 | standardbred race meetings in this State,
recommended | ||||||
6 | by those licensees; a representative of the Illinois | ||||||
7 | Thoroughbred
Breeders and Owners Foundation, | ||||||
8 | recommended by that Foundation; a
representative of | ||||||
9 | the Illinois Standardbred Owners and Breeders | ||||||
10 | Association,
recommended by that Association; a | ||||||
11 | representative of the Horsemen's Benevolent
and | ||||||
12 | Protective Association or any successor organization | ||||||
13 | thereto established
in Illinois comprised of the | ||||||
14 | largest number of owners and trainers,
recommended by | ||||||
15 | that Association or that successor organization; and a
| ||||||
16 | representative of the Illinois Harness Horsemen's | ||||||
17 | Association, recommended by
that Association. | ||||||
18 | Committee members shall serve for terms of 2 years,
| ||||||
19 | commencing January 1 of each even-numbered year. If a | ||||||
20 | representative of any of
the above-named entities has | ||||||
21 | not been recommended by January 1 of any
even-numbered | ||||||
22 | year, the Governor shall appoint a committee member to | ||||||
23 | fill that
position. Committee members shall receive no | ||||||
24 | compensation for their services
as members but shall be | ||||||
25 | reimbursed for all actual and necessary expenses and
| ||||||
26 | disbursements incurred in the performance of their |
| |||||||
| |||||||
1 | official duties. The
remaining 50% of this | ||||||
2 | two-sevenths shall be distributed to county fairs for
| ||||||
3 | premiums and rehabilitation as set forth in the | ||||||
4 | Agricultural Fair Act;
| ||||||
5 | Four-sevenths to museums and aquariums located in | ||||||
6 | park districts of over
500,000 population; provided | ||||||
7 | that the monies are distributed in accordance with
the | ||||||
8 | previous year's distribution of the maintenance tax | ||||||
9 | for such museums and
aquariums as provided in Section 2 | ||||||
10 | of the Park District Aquarium and Museum
Act; and
| ||||||
11 | One-seventh to the Agricultural Premium Fund to be | ||||||
12 | used for distribution
to agricultural home economics | ||||||
13 | extension councils in accordance with "An Act
in | ||||||
14 | relation to additional support and finances for the | ||||||
15 | Agricultural and
Home Economic Extension Councils in | ||||||
16 | the several counties of this State and
making an | ||||||
17 | appropriation therefor", approved July 24, 1967.
This | ||||||
18 | subparagraph (C) shall be inoperative and of no force | ||||||
19 | and effect on and
after January 1, 2000.
| ||||||
20 | (D) Except as provided in paragraph (11) of this | ||||||
21 | subsection (h),
with respect to purse allocation from | ||||||
22 | inter-track intertrack wagering, the monies so
| ||||||
23 | retained shall be divided as follows:
| ||||||
24 | (i) If the inter-track wagering licensee, | ||||||
25 | except an inter-track intertrack
wagering licensee | ||||||
26 | that derives its license from an organization
|
| |||||||
| |||||||
1 | licensee located in a county with a population in | ||||||
2 | excess of 230,000 and bounded
by the Mississippi | ||||||
3 | River, is not conducting its own
race meeting | ||||||
4 | during the same dates, then the entire purse | ||||||
5 | allocation shall be
to purses at the track where | ||||||
6 | the races wagered on are being conducted.
| ||||||
7 | (ii) If the inter-track wagering licensee, | ||||||
8 | except an inter-track intertrack
wagering licensee | ||||||
9 | that derives its license from an organization
| ||||||
10 | licensee located in a county with a population in | ||||||
11 | excess of 230,000 and bounded
by the Mississippi | ||||||
12 | River, is also
conducting its own
race meeting | ||||||
13 | during the same dates, then the purse allocation | ||||||
14 | shall be as
follows: 50% to purses at the track | ||||||
15 | where the races wagered on are
being conducted; 50% | ||||||
16 | to purses at the track where the inter-track
| ||||||
17 | wagering licensee is accepting such wagers.
| ||||||
18 | (iii) If the inter-track wagering is being | ||||||
19 | conducted by an inter-track
wagering location | ||||||
20 | licensee, except an inter-track intertrack | ||||||
21 | wagering location licensee
that derives its | ||||||
22 | license from an organization licensee located in a
| ||||||
23 | county with a population in excess of 230,000 and | ||||||
24 | bounded by the Mississippi
River, the entire purse | ||||||
25 | allocation for Illinois races shall
be to purses at | ||||||
26 | the track where the race meeting being wagered on |
| |||||||
| |||||||
1 | is being
held.
| ||||||
2 | (12) The Board shall have all powers necessary and | ||||||
3 | proper to fully
supervise and control the conduct of
| ||||||
4 | inter-track wagering and simulcast
wagering by inter-track | ||||||
5 | wagering licensees and inter-track wagering location
| ||||||
6 | licensees, including, but not
limited to the following:
| ||||||
7 | (A) The Board is vested with power to promulgate | ||||||
8 | reasonable rules and
regulations for the purpose of | ||||||
9 | administering the
conduct of this
wagering and to | ||||||
10 | prescribe reasonable rules, regulations and conditions | ||||||
11 | under
which such wagering shall be held and conducted. | ||||||
12 | Such rules and regulations
are to provide for the | ||||||
13 | prevention of practices detrimental to the public
| ||||||
14 | interest and for
the best interests of said wagering | ||||||
15 | and to impose penalties
for violations thereof.
| ||||||
16 | (B) The Board, and any person or persons to whom it | ||||||
17 | delegates this
power, is vested with the power to enter | ||||||
18 | the
facilities of any licensee to determine whether | ||||||
19 | there has been
compliance with the provisions of this | ||||||
20 | Act and the rules and regulations
relating to the | ||||||
21 | conduct of such wagering.
| ||||||
22 | (C) The Board, and any person or persons to whom it | ||||||
23 | delegates this
power, may eject or exclude from any | ||||||
24 | licensee's facilities, any person whose
conduct or | ||||||
25 | reputation
is such that his presence on such premises | ||||||
26 | may, in the opinion of the Board,
call into the |
| |||||||
| |||||||
1 | question the honesty and integrity of, or interfere | ||||||
2 | with the
orderly conduct of such wagering; provided, | ||||||
3 | however, that no person shall
be excluded or ejected | ||||||
4 | from such premises solely on the grounds of race,
| ||||||
5 | color, creed, national origin, ancestry, or sex.
| ||||||
6 | (D) (Blank).
| ||||||
7 | (E) The Board is vested with the power to appoint | ||||||
8 | delegates to execute
any of the powers granted to it | ||||||
9 | under this Section for the purpose of
administering | ||||||
10 | this wagering and any
rules and
regulations
| ||||||
11 | promulgated in accordance with this Act.
| ||||||
12 | (F) The Board shall name and appoint a State | ||||||
13 | director of this wagering
who shall be a representative | ||||||
14 | of the Board and whose
duty it shall
be to supervise | ||||||
15 | the conduct of inter-track wagering as may be provided | ||||||
16 | for
by the rules and regulations of the Board; such | ||||||
17 | rules and regulation shall
specify the method of | ||||||
18 | appointment and the Director's powers, authority and
| ||||||
19 | duties.
| ||||||
20 | (G) The Board is vested with the power to impose | ||||||
21 | civil penalties of up
to $5,000 against individuals and | ||||||
22 | up to $10,000 against
licensees for each violation of | ||||||
23 | any provision of
this Act relating to the conduct of | ||||||
24 | this wagering, any
rules adopted
by the Board, any | ||||||
25 | order of the Board or any other action which in the | ||||||
26 | Board's
discretion, is a detriment or impediment to |
| |||||||
| |||||||
1 | such wagering.
| ||||||
2 | (13) The Department of Agriculture may enter into | ||||||
3 | agreements with
licensees authorizing such licensees to | ||||||
4 | conduct inter-track
wagering on races to be held at the | ||||||
5 | licensed race meetings conducted by the
Department of | ||||||
6 | Agriculture. Such
agreement shall specify the races of the | ||||||
7 | Department of Agriculture's
licensed race meeting upon | ||||||
8 | which the licensees will conduct wagering. In the
event | ||||||
9 | that a licensee
conducts inter-track pari-mutuel wagering | ||||||
10 | on races from the Illinois State Fair
or DuQuoin State Fair | ||||||
11 | which are in addition to the licensee's previously
approved | ||||||
12 | racing program, those races shall be considered a separate | ||||||
13 | racing day
for the
purpose of determining the daily handle | ||||||
14 | and computing the privilege or
pari-mutuel tax on
that | ||||||
15 | daily handle as provided in Sections 27
and 27.1. Such
| ||||||
16 | agreements shall be approved by the Board before such | ||||||
17 | wagering may be
conducted. In determining whether to grant | ||||||
18 | approval, the Board shall give
due consideration to the | ||||||
19 | best interests of the public and of horse racing.
The | ||||||
20 | provisions of paragraphs (1), (8), (8.1), and (8.2) of
| ||||||
21 | subsection (h) of this
Section which are not specified in | ||||||
22 | this paragraph (13) shall not apply to
licensed race | ||||||
23 | meetings conducted by the Department of Agriculture at the
| ||||||
24 | Illinois State Fair in Sangamon County or the DuQuoin State | ||||||
25 | Fair in Perry
County, or to any wagering conducted on
those | ||||||
26 | race meetings. |
| |||||||
| |||||||
1 | (14) An inter-track wagering location license | ||||||
2 | authorized by the Board in 2016 that is owned and operated | ||||||
3 | by a race track in Rock Island County shall be transferred | ||||||
4 | to a commonly owned race track in Cook County on August 12, | ||||||
5 | 2016 ( the effective date of Public Act 99-757) this | ||||||
6 | amendatory Act of the 99th General Assembly . The licensee | ||||||
7 | shall retain its status in relation to purse distribution | ||||||
8 | under paragraph (11) of this subsection (h) following the | ||||||
9 | transfer to the new entity. The pari-mutuel tax credit | ||||||
10 | under Section 32.1 shall not be applied toward any | ||||||
11 | pari-mutuel tax obligation of the inter-track wagering | ||||||
12 | location licensee of the license that is transferred under | ||||||
13 | this paragraph (14).
| ||||||
14 | (i) Notwithstanding the other provisions of this Act, the | ||||||
15 | conduct of
wagering at wagering facilities is authorized on all | ||||||
16 | days, except as limited by
subsection (b) of Section 19 of this | ||||||
17 | Act.
| ||||||
18 | (Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 98-968, | ||||||
19 | eff. 8-15-14; 99-756, eff. 8-12-16; 99-757, eff. 8-12-16; | ||||||
20 | revised 9-14-16.)
| ||||||
21 | (230 ILCS 5/27) (from Ch. 8, par. 37-27) | ||||||
22 | Sec. 27. (a) In addition to the organization license fee | ||||||
23 | provided
by this Act, until January 1, 2000, a
graduated | ||||||
24 | privilege tax is hereby
imposed for conducting
the pari-mutuel | ||||||
25 | system of wagering permitted under this
Act. Until January 1, |
| |||||||
| |||||||
1 | 2000, except as provided in subsection (g) of
Section 27 of | ||||||
2 | this Act, all of
the breakage of each racing day held by any | ||||||
3 | licensee in the State shall be paid
to the State.
Until January | ||||||
4 | 1, 2000, such daily graduated privilege tax shall be paid by
| ||||||
5 | the
licensee from the amount permitted to be retained under | ||||||
6 | this Act.
Until January 1, 2000, each day's
graduated privilege | ||||||
7 | tax, breakage, and Horse Racing Tax Allocation
funds shall be | ||||||
8 | remitted to the Department of Revenue within 48 hours after the
| ||||||
9 | close of the racing day upon which it is assessed or within | ||||||
10 | such other time as
the Board prescribes. The privilege tax | ||||||
11 | hereby imposed, until January
1, 2000, shall be a flat tax at
| ||||||
12 | the rate of 2% of the daily pari-mutuel handle except as | ||||||
13 | provided in Section
27.1. | ||||||
14 | In addition, every organization licensee, except as
| ||||||
15 | provided in Section 27.1 of this Act, which conducts multiple
| ||||||
16 | wagering shall pay, until January 1, 2000,
as a privilege tax | ||||||
17 | on multiple
wagers an amount
equal to 1.25% of all moneys | ||||||
18 | wagered each day on such multiple wagers,
plus an additional | ||||||
19 | amount equal to 3.5% of the amount wagered each day on any
| ||||||
20 | other multiple wager which involves a single
betting interest | ||||||
21 | on 3 or more horses. The licensee shall remit the amount of
| ||||||
22 | such taxes to the Department of Revenue within 48 hours after | ||||||
23 | the close of
the racing day on which it is assessed or within | ||||||
24 | such other time as the Board
prescribes. | ||||||
25 | This subsection (a) shall be inoperative and of no force | ||||||
26 | and effect on and
after January 1, 2000. |
| |||||||
| |||||||
1 | (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax | ||||||
2 | at the rate of 1.5% of
the daily
pari-mutuel handle is imposed | ||||||
3 | at all pari-mutuel wagering facilities and on advance deposit | ||||||
4 | wagering from a location other than a wagering facility, except | ||||||
5 | as otherwise provided for in this subsection (a-5). In addition | ||||||
6 | to the pari-mutuel tax imposed on advance deposit wagering | ||||||
7 | pursuant to this subsection (a-5), beginning on August 24, 2012 | ||||||
8 | (the effective date of Public Act 97-1060) and through December | ||||||
9 | 31, 2018, an additional pari-mutuel tax at the rate of 0.25% | ||||||
10 | shall be imposed on advance deposit wagering. Until August 25, | ||||||
11 | 2012, the additional 0.25% pari-mutuel tax imposed on advance | ||||||
12 | deposit wagering by Public Act 96-972 shall be deposited into | ||||||
13 | the Quarter Horse Purse Fund, which shall be created as a | ||||||
14 | non-appropriated trust fund administered by the Board for | ||||||
15 | grants to thoroughbred organization licensees for payment of | ||||||
16 | purses for quarter horse races conducted by the organization | ||||||
17 | licensee. Beginning on August 26, 2012, the additional 0.25% | ||||||
18 | pari-mutuel tax imposed on advance deposit wagering shall be | ||||||
19 | deposited into the Standardbred Purse Fund, which shall be | ||||||
20 | created as a non-appropriated trust fund administered by the | ||||||
21 | Board, for grants to the standardbred organization licensees | ||||||
22 | for payment of purses for standardbred horse races conducted by | ||||||
23 | the organization licensee. Thoroughbred organization licensees | ||||||
24 | may petition the Board to conduct quarter horse racing and | ||||||
25 | receive purse grants from the Quarter Horse Purse Fund. The | ||||||
26 | Board shall have complete discretion in distributing the |
| |||||||
| |||||||
1 | Quarter Horse Purse Fund to the petitioning organization | ||||||
2 | licensees. Beginning on July 26, 2010 (the effective date of | ||||||
3 | Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of | ||||||
4 | the daily pari-mutuel handle is imposed at a pari-mutuel | ||||||
5 | facility whose license is derived from a track located in a | ||||||
6 | county that borders the Mississippi River and conducted live | ||||||
7 | racing in the previous year. The pari-mutuel tax imposed by | ||||||
8 | this subsection (a-5)
shall be remitted to the Department of
| ||||||
9 | Revenue within 48 hours after the close of the racing day upon | ||||||
10 | which it is
assessed or within such other time as the Board | ||||||
11 | prescribes. | ||||||
12 | (a-10) Beginning on the date when an organization licensee | ||||||
13 | begins conducting electronic gaming pursuant to an electronic | ||||||
14 | gaming license, the following pari-mutuel tax is imposed upon | ||||||
15 | an organization licensee on Illinois races at the licensee's | ||||||
16 | race track: | ||||||
17 | 1.5% of the pari-mutuel handle at or below the average | ||||||
18 | daily pari-mutuel handle for 2011. | ||||||
19 | 2% of the pari-mutuel handle above the average daily | ||||||
20 | pari-mutuel handle for 2011 up to 125% of the average daily | ||||||
21 | pari-mutuel handle for 2011. | ||||||
22 | 2.5% of the pari-mutuel handle 125% or more above the | ||||||
23 | average daily pari-mutuel handle for 2011 up to 150% of the | ||||||
24 | average daily pari-mutuel handle for 2011. | ||||||
25 | 3% of the pari-mutuel handle 150% or more above the | ||||||
26 | average daily pari-mutuel handle for 2011 up to 175% of the |
| |||||||
| |||||||
1 | average daily pari-mutuel handle for 2011. | ||||||
2 | 3.5% of the pari-mutuel handle 175% or more above the | ||||||
3 | average daily pari-mutuel handle for 2011. | ||||||
4 | The pari-mutuel tax imposed by this subsection (a-10) shall | ||||||
5 | be remitted to the Board within 48 hours after the close of the | ||||||
6 | racing day upon which it is assessed or within such other time | ||||||
7 | as the Board prescribes. | ||||||
8 | (b) On or before December 31, 1999, in
the event that any | ||||||
9 | organization
licensee conducts
2 separate programs
of races on | ||||||
10 | any day, each such program shall be considered a separate
| ||||||
11 | racing day for purposes of determining the daily handle and | ||||||
12 | computing
the privilege tax on such daily handle as provided in | ||||||
13 | subsection (a) of
this Section. | ||||||
14 | (c) Licensees shall at all times keep accurate
books
and | ||||||
15 | records of all monies wagered on each day of a race meeting and | ||||||
16 | of
the taxes paid to the Department of Revenue under the | ||||||
17 | provisions of this
Section. The Board or its duly authorized | ||||||
18 | representative or
representatives shall at all reasonable | ||||||
19 | times have access to such
records for the purpose of examining | ||||||
20 | and checking the same and
ascertaining whether the proper | ||||||
21 | amount of taxes is being paid as
provided. The Board shall | ||||||
22 | require verified reports and a statement of
the total of all | ||||||
23 | monies wagered daily at each wagering facility upon which
the | ||||||
24 | taxes are assessed and may prescribe forms upon which such | ||||||
25 | reports
and statement shall be made. | ||||||
26 | (d) Before a license is issued or re-issued, the licensee |
| |||||||
| |||||||
1 | shall post a bond in the sum of $500,000 to the State of | ||||||
2 | Illinois. The bond shall be used to guarantee that the licensee | ||||||
3 | faithfully makes the payments, keeps the books and records and | ||||||
4 | makes reports, and conducts games of chance in conformity with | ||||||
5 | this Act and the rules adopted by the Board. The bond shall not | ||||||
6 | be canceled by a surety on less than 30 days' notice in writing | ||||||
7 | to the Board. If a bond is canceled and the licensee fails to | ||||||
8 | file a new bond with the Board in the required amount on or | ||||||
9 | before the effective date of cancellation, the licensee's | ||||||
10 | license shall be revoked. The total and aggregate liability of | ||||||
11 | the surety on the bond is limited to the amount specified in | ||||||
12 | the bond. Any licensee failing or refusing to pay the amount
of | ||||||
13 | any tax due under this Section shall be guilty of a business | ||||||
14 | offense
and upon conviction shall be fined not more than $5,000 | ||||||
15 | in addition to
the amount found due as tax under this Section. | ||||||
16 | Each day's violation
shall constitute a separate offense. All | ||||||
17 | fines paid into Court by a licensee hereunder shall be | ||||||
18 | transmitted and paid over by
the Clerk of the Court to the | ||||||
19 | Board. | ||||||
20 | (e) No other license fee, privilege tax, excise tax, or
| ||||||
21 | racing fee, except as provided in this Act, shall be assessed | ||||||
22 | or
collected from any such licensee by the State. | ||||||
23 | (f) No other license fee, privilege tax, excise tax or | ||||||
24 | racing fee shall be
assessed or collected from any such | ||||||
25 | licensee by units of local government
except as provided in | ||||||
26 | paragraph 10.1 of subsection (h) and subsection (f) of
Section |
| |||||||
| |||||||
1 | 26 of this Act. However, any municipality that has a Board | ||||||
2 | licensed
horse race meeting at a race track wholly within its | ||||||
3 | corporate boundaries or a
township that has a Board licensed | ||||||
4 | horse race meeting at a race track wholly
within the | ||||||
5 | unincorporated area of the township may charge a local
| ||||||
6 | amusement tax not to exceed 10¢ per admission to such horse | ||||||
7 | race meeting
by the enactment of an ordinance. However, any | ||||||
8 | municipality or county
that has a Board licensed inter-track | ||||||
9 | wagering location facility wholly
within its corporate | ||||||
10 | boundaries may each impose an admission fee not
to exceed $1.00 | ||||||
11 | per admission to such inter-track wagering location facility,
| ||||||
12 | so that a total of not more than $2.00 per admission may be | ||||||
13 | imposed.
Except as provided in subparagraph (g) of Section 27 | ||||||
14 | of this Act, the
inter-track wagering location licensee shall | ||||||
15 | collect any and all such fees
and within 48 hours remit the | ||||||
16 | fees to the Board, which shall, pursuant to
rule, cause the | ||||||
17 | fees to be distributed to the county or municipality. | ||||||
18 | (g) Notwithstanding any provision in this Act to the | ||||||
19 | contrary, if in any
calendar year the total taxes and fees from | ||||||
20 | wagering on live racing and from
inter-track wagering required | ||||||
21 | to be collected from
licensees and distributed under this Act | ||||||
22 | to all State and local governmental
authorities exceeds the | ||||||
23 | amount of such taxes and fees distributed to each State
and | ||||||
24 | local governmental authority to which each State and local | ||||||
25 | governmental
authority was entitled under this Act for calendar | ||||||
26 | year 1994, then the first
$11 million of that excess amount |
| |||||||
| |||||||
1 | shall be allocated at the earliest possible
date for | ||||||
2 | distribution as purse money for the succeeding calendar year.
| ||||||
3 | Upon reaching the 1994 level, and until the excess amount of | ||||||
4 | taxes and fees
exceeds $11 million, the Board shall direct all | ||||||
5 | licensees to cease paying the
subject taxes and fees and the | ||||||
6 | Board shall direct all licensees to allocate any such excess | ||||||
7 | amount for purses as
follows: | ||||||
8 | (i) the excess amount shall be initially divided | ||||||
9 | between thoroughbred and
standardbred purses based on the | ||||||
10 | thoroughbred's and standardbred's respective
percentages | ||||||
11 | of total Illinois live wagering in calendar year 1994; | ||||||
12 | (ii) each thoroughbred and standardbred organization | ||||||
13 | licensee issued an
organization licensee in that | ||||||
14 | succeeding allocation year shall
be
allocated an amount | ||||||
15 | equal to the product of its percentage of total
Illinois
| ||||||
16 | live thoroughbred or standardbred wagering in calendar | ||||||
17 | year 1994 (the total to
be determined based on the sum of | ||||||
18 | 1994 on-track wagering for all organization
licensees | ||||||
19 | issued organization licenses in both the allocation year | ||||||
20 | and the
preceding year) multiplied by
the total amount | ||||||
21 | allocated for standardbred or thoroughbred purses, | ||||||
22 | provided
that the first $1,500,000 of the amount allocated | ||||||
23 | to standardbred
purses under item (i) shall be allocated to | ||||||
24 | the Department of
Agriculture to be expended with the | ||||||
25 | assistance and advice of the Illinois
Standardbred | ||||||
26 | Breeders Funds Advisory Board for the purposes listed in
|
| |||||||
| |||||||
1 | subsection (g) of Section 31 of this Act, before the amount | ||||||
2 | allocated to
standardbred purses under item (i) is | ||||||
3 | allocated to standardbred
organization licensees in the | ||||||
4 | succeeding allocation year. | ||||||
5 | To the extent the excess amount of taxes and fees to be | ||||||
6 | collected and
distributed to State and local governmental | ||||||
7 | authorities exceeds $11 million,
that excess amount shall be | ||||||
8 | collected and distributed to State and local
authorities as | ||||||
9 | provided for under this Act. | ||||||
10 | (Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 99-756, | ||||||
11 | eff. 8-12-16.)
| ||||||
12 | (230 ILCS 5/30) (from Ch. 8, par. 37-30)
| ||||||
13 | Sec. 30.
(a) The General Assembly declares that it is the | ||||||
14 | policy of
this State to encourage the breeding of thoroughbred | ||||||
15 | horses in this
State and the ownership of such horses by | ||||||
16 | residents of this State in
order to provide for: sufficient | ||||||
17 | numbers of high quality thoroughbred
horses to participate in | ||||||
18 | thoroughbred racing meetings in this State,
and to establish | ||||||
19 | and preserve the agricultural and commercial benefits
of such | ||||||
20 | breeding and racing industries to the State of Illinois. It is
| ||||||
21 | the intent of the General Assembly to further this policy by | ||||||
22 | the
provisions of this Act.
| ||||||
23 | (b) Each organization licensee conducting a thoroughbred
| ||||||
24 | racing meeting
pursuant to this Act shall provide at least two | ||||||
25 | races each day limited
to Illinois conceived and foaled horses |
| |||||||
| |||||||
1 | or Illinois foaled horses or
both. A minimum of 6 races shall | ||||||
2 | be conducted each week limited to
Illinois conceived and foaled | ||||||
3 | or Illinois foaled horses or both. No
horses shall be permitted | ||||||
4 | to start in such races unless duly registered
under the rules | ||||||
5 | of the Department of Agriculture.
| ||||||
6 | (c) Conditions of races under subsection (b) shall be
| ||||||
7 | commensurate
with past performance, quality, and class of | ||||||
8 | Illinois conceived and foaled
and Illinois foaled horses
| ||||||
9 | available. If, however, sufficient competition cannot be had | ||||||
10 | among
horses of that class on any day, the races may, with | ||||||
11 | consent of the
Board, be eliminated for that day and substitute | ||||||
12 | races provided.
| ||||||
13 | (d) There is hereby created a special fund of the State | ||||||
14 | Treasury to
be known as the Illinois Thoroughbred Breeders | ||||||
15 | Fund.
| ||||||
16 | Beginning on the effective date of this amendatory Act of | ||||||
17 | the 100th General Assembly, the Illinois Thoroughbred Breeders | ||||||
18 | Fund shall become a non-appropriated trust fund held separately | ||||||
19 | from State moneys. Expenditures from this Fund shall no longer | ||||||
20 | be subject to appropriation. | ||||||
21 | Except as provided in subsection (g) of Section 27 of this | ||||||
22 | Act, 8.5% of all
the monies received by the State as
privilege | ||||||
23 | taxes on Thoroughbred racing meetings shall be paid into the | ||||||
24 | Illinois
Thoroughbred Breeders Fund.
| ||||||
25 | Notwithstanding any provision of law to the contrary, | ||||||
26 | amounts deposited into the Illinois Thoroughbred Breeders Fund |
| |||||||
| |||||||
1 | from revenues generated by electronic gaming after the | ||||||
2 | effective date of this amendatory Act of the 100th General | ||||||
3 | Assembly shall be in addition to tax and fee amounts paid under | ||||||
4 | this Section for calendar year 2017 and thereafter. | ||||||
5 | (e) The Illinois Thoroughbred Breeders Fund shall be | ||||||
6 | administered by
the Department of Agriculture
with the advice | ||||||
7 | and assistance of the
Advisory Board created in subsection (f) | ||||||
8 | of this Section.
| ||||||
9 | (f) The Illinois Thoroughbred Breeders Fund Advisory Board | ||||||
10 | shall
consist of the Director of the Department of Agriculture, | ||||||
11 | who shall
serve as Chairman; a member of the Illinois Racing | ||||||
12 | Board, designated by
it; 2 representatives of the organization | ||||||
13 | licensees
conducting thoroughbred
racing meetings, recommended | ||||||
14 | by them; 2 representatives of the Illinois
Thoroughbred | ||||||
15 | Breeders and Owners Foundation, recommended by it; one | ||||||
16 | representative and 2
representatives of the Horsemen's | ||||||
17 | Benevolent Protective Association ; and one representative from | ||||||
18 | the Illinois Thoroughbred Horsemen's Association or any
| ||||||
19 | successor organization established in Illinois comprised of | ||||||
20 | the largest number
of owners and trainers,
recommended
by it, | ||||||
21 | with one representative of the Horsemen's Benevolent and | ||||||
22 | Protective
Association to come from its Illinois Division, and | ||||||
23 | one from its Chicago
Division . Advisory Board members shall | ||||||
24 | serve for 2 years commencing January 1
of
each odd numbered | ||||||
25 | year. If representatives of the organization licensees
| ||||||
26 | conducting thoroughbred racing meetings, the Illinois |
| |||||||
| |||||||
1 | Thoroughbred Breeders and
Owners Foundation, and the | ||||||
2 | Horsemen's Benevolent Protection Association , and the Illinois | ||||||
3 | Thoroughbred Horsemen's Association have
not been recommended | ||||||
4 | by January 1, of each odd numbered year, the Director of
the | ||||||
5 | Department of Agriculture shall make an appointment for the | ||||||
6 | organization
failing to so recommend a member of the Advisory | ||||||
7 | Board. Advisory Board members
shall receive no compensation for | ||||||
8 | their services as members but shall be
reimbursed for all | ||||||
9 | actual and necessary expenses and disbursements incurred in
the | ||||||
10 | execution of their official duties.
| ||||||
11 | (g) No monies shall be expended from the Illinois | ||||||
12 | Thoroughbred
Breeders Fund except as appropriated by the | ||||||
13 | General Assembly. Monies expended
appropriated from the | ||||||
14 | Illinois Thoroughbred Breeders Fund shall be
expended by the | ||||||
15 | Department of Agriculture,
with the advice and
assistance of | ||||||
16 | the Illinois Thoroughbred Breeders Fund Advisory Board,
for the | ||||||
17 | following purposes only:
| ||||||
18 | (1) To provide purse supplements to owners of horses | ||||||
19 | participating
in races limited to Illinois conceived and | ||||||
20 | foaled and Illinois foaled
horses. Any such purse | ||||||
21 | supplements shall not be included in and shall
be paid in | ||||||
22 | addition to any purses, stakes, or breeders' awards offered
| ||||||
23 | by each organization licensee as determined by agreement | ||||||
24 | between such
organization licensee and an organization | ||||||
25 | representing the horsemen. No
monies from the Illinois | ||||||
26 | Thoroughbred Breeders Fund shall be used to provide
purse |
| |||||||
| |||||||
1 | supplements for claiming races in which the minimum | ||||||
2 | claiming price is
less than $7,500.
| ||||||
3 | (2) To provide stakes and awards to be paid to the | ||||||
4 | owners of the
winning horses in certain races limited to | ||||||
5 | Illinois conceived and foaled
and Illinois foaled horses | ||||||
6 | designated as stakes races.
| ||||||
7 | (2.5) To provide an award to the owner or owners of an | ||||||
8 | Illinois
conceived and foaled or Illinois foaled horse that | ||||||
9 | wins a
maiden special weight, an allowance, overnight | ||||||
10 | handicap race, or
claiming race with claiming price of | ||||||
11 | $10,000 or more providing the race
is not restricted
to | ||||||
12 | Illinois conceived and foaled or Illinois foaled horses.
| ||||||
13 | Awards shall
also be provided to the owner or owners of | ||||||
14 | Illinois conceived and foaled and
Illinois foaled horses | ||||||
15 | that place second or third in those races. To the
extent
| ||||||
16 | that additional moneys are required to pay the minimum | ||||||
17 | additional awards of 40%
of the purse the horse earns for | ||||||
18 | placing first, second or third in those races
for Illinois | ||||||
19 | foaled horses and of 60% of the purse the horse earns for | ||||||
20 | placing
first, second or third in those races for Illinois
| ||||||
21 | conceived and foaled horses, those moneys shall be provided | ||||||
22 | from the purse
account at the track where earned.
| ||||||
23 | (3) To provide stallion awards to the owner or owners | ||||||
24 | of any
stallion that is duly registered with the Illinois | ||||||
25 | Thoroughbred Breeders
Fund Program prior to the effective | ||||||
26 | date of this amendatory Act of 1995 whose
duly registered |
| |||||||
| |||||||
1 | Illinois conceived and foaled offspring wins a race | ||||||
2 | conducted
at an Illinois
thoroughbred racing meeting other | ||||||
3 | than a claiming race , provided that the stallion stood | ||||||
4 | service within Illinois at the time the offspring was | ||||||
5 | conceived and that the stallion did not stand for service | ||||||
6 | outside of Illinois at any time during the year in which | ||||||
7 | the offspring was conceived . Such
award
shall not be paid | ||||||
8 | to the owner or owners of an Illinois stallion that served
| ||||||
9 | outside this State at any time during the calendar year in | ||||||
10 | which such race was
conducted.
| ||||||
11 | (4) To provide $75,000 annually for purses to be
| ||||||
12 | distributed to
county fairs that provide for the running of | ||||||
13 | races during each county
fair exclusively for the | ||||||
14 | thoroughbreds conceived and foaled in
Illinois. The | ||||||
15 | conditions of the races shall be developed by the county
| ||||||
16 | fair association and reviewed by the Department with the | ||||||
17 | advice and
assistance of
the Illinois Thoroughbred | ||||||
18 | Breeders Fund Advisory Board. There shall be no
wagering of | ||||||
19 | any kind on the running
of
Illinois conceived and foaled | ||||||
20 | races at county fairs.
| ||||||
21 | (4.1) To provide purse money for an Illinois stallion | ||||||
22 | stakes program.
| ||||||
23 | (5) No less than 90% 80% of all monies appropriated | ||||||
24 | from the Illinois
Thoroughbred Breeders Fund shall be | ||||||
25 | expended for the purposes in (1), (2),
(2.5), (3), (4), | ||||||
26 | (4.1), and (5) as shown above.
|
| |||||||
| |||||||
1 | (6) To provide for educational programs regarding the | ||||||
2 | thoroughbred
breeding industry.
| ||||||
3 | (7) To provide for research programs concerning the | ||||||
4 | health,
development and care of the thoroughbred horse.
| ||||||
5 | (8) To provide for a scholarship and training program | ||||||
6 | for students
of equine veterinary medicine.
| ||||||
7 | (9) To provide for dissemination of public information | ||||||
8 | designed to
promote the breeding of thoroughbred horses in | ||||||
9 | Illinois.
| ||||||
10 | (10) To provide for all expenses incurred in the | ||||||
11 | administration of
the Illinois Thoroughbred Breeders Fund.
| ||||||
12 | (h) The Illinois Thoroughbred Breeders Fund is not subject | ||||||
13 | to administrative charges or chargebacks, including, but not | ||||||
14 | limited to, those authorized under Section 8h of the State | ||||||
15 | Finance Act. Whenever the Governor finds that the amount in the | ||||||
16 | Illinois
Thoroughbred Breeders Fund is more than the total of | ||||||
17 | the outstanding
appropriations from such fund, the Governor | ||||||
18 | shall notify the State
Comptroller and the State Treasurer of | ||||||
19 | such fact. The Comptroller and
the State Treasurer, upon | ||||||
20 | receipt of such notification, shall transfer
such excess amount | ||||||
21 | from the Illinois Thoroughbred Breeders Fund to the
General | ||||||
22 | Revenue Fund.
| ||||||
23 | (i) A sum equal to 13% 12 1/2% of the first prize money of | ||||||
24 | every purse
won by an Illinois foaled or an Illinois conceived | ||||||
25 | and foaled horse in
races not limited to Illinois foaled horses | ||||||
26 | or Illinois conceived and
foaled horses, or both, shall be paid |
| |||||||
| |||||||
1 | by the organization licensee
conducting the horse race meeting. | ||||||
2 | Such sum shall be paid 50% from the organization
licensee's | ||||||
3 | account and 50% from the purse account of the licensee share of | ||||||
4 | the money wagered as follows: 11 1/2% to the breeder of
the | ||||||
5 | winning horse and 1 1/2% 1% to the organization representing | ||||||
6 | thoroughbred breeders
and owners whose representative serves | ||||||
7 | on the Illinois Thoroughbred Breeders
Fund Advisory Board for | ||||||
8 | verifying the amounts of breeders' awards earned,
assuring | ||||||
9 | their distribution in accordance with this Act, and servicing | ||||||
10 | and
promoting the Illinois thoroughbred horse racing industry. | ||||||
11 | The
organization representing thoroughbred breeders and owners | ||||||
12 | shall cause all
expenditures of monies received under this | ||||||
13 | subsection (i) to be audited
at least annually by a registered | ||||||
14 | public accountant. The organization
shall file copies of each | ||||||
15 | annual audit with the Racing Board, the Clerk of
the House of | ||||||
16 | Representatives and the Secretary of the Senate, and shall
make | ||||||
17 | copies of each annual audit available to the public upon | ||||||
18 | request
and upon payment of the reasonable cost of photocopying | ||||||
19 | the requested
number of copies. Such payments shall not reduce | ||||||
20 | any award to the owner of the
horse or reduce the taxes payable | ||||||
21 | under this Act. Upon completion of its
racing meet, each | ||||||
22 | organization licensee shall deliver to the organization
| ||||||
23 | representing thoroughbred breeders and owners whose | ||||||
24 | representative serves on
the Illinois Thoroughbred Breeders | ||||||
25 | Fund Advisory Board a listing of all the
Illinois foaled and | ||||||
26 | the Illinois conceived and foaled horses which won
breeders' |
| |||||||
| |||||||
1 | awards and the amount of such breeders' awards under this | ||||||
2 | subsection
to verify accuracy of payments and assure proper | ||||||
3 | distribution of breeders'
awards in accordance with the | ||||||
4 | provisions of this Act. Such payments shall be
delivered by the | ||||||
5 | organization licensee within 30 days of the end of each race
| ||||||
6 | meeting.
| ||||||
7 | (j) A sum equal to 13% 12 1/2% of the first prize money won | ||||||
8 | in each race
limited to Illinois foaled horses or Illinois | ||||||
9 | conceived and foaled
horses, or both, shall be paid in the | ||||||
10 | following manner by the
organization licensee conducting the | ||||||
11 | horse race meeting, 50% from the
organization licensee's | ||||||
12 | account and 50% from the purse account of the licensee share of | ||||||
13 | the money wagered : 11 1/2% to the breeders of
the horses in | ||||||
14 | each such race which are the official first, second, third
and | ||||||
15 | fourth finishers and 1 1/2% 1% to the organization representing | ||||||
16 | thoroughbred
breeders and owners whose representative serves | ||||||
17 | on the Illinois Thoroughbred
Breeders Fund Advisory Board for | ||||||
18 | verifying the amounts of breeders' awards
earned, assuring | ||||||
19 | their proper distribution in accordance with this Act, and
| ||||||
20 | servicing and promoting the Illinois thoroughbred horse racing | ||||||
21 | industry. The
organization representing thoroughbred breeders | ||||||
22 | and owners shall cause all
expenditures of monies received | ||||||
23 | under this subsection (j) to be audited
at least annually by a | ||||||
24 | registered public accountant. The organization
shall file | ||||||
25 | copies of each annual audit with the Racing Board, the Clerk of
| ||||||
26 | the House of Representatives and the Secretary of the Senate, |
| |||||||
| |||||||
1 | and shall
make copies of each annual audit available to the | ||||||
2 | public upon request
and upon payment of the reasonable cost of | ||||||
3 | photocopying the requested
number of copies.
| ||||||
4 | The 11 1/2% paid to the breeders in accordance with this | ||||||
5 | subsection
shall be distributed as follows:
| ||||||
6 | (1) 60% of such sum shall be paid to the breeder of the | ||||||
7 | horse which
finishes in the official first position;
| ||||||
8 | (2) 20% of such sum shall be paid to the breeder of the | ||||||
9 | horse which
finishes in the official second position;
| ||||||
10 | (3) 15% of such sum shall be paid to the breeder of the | ||||||
11 | horse which
finishes in the official third position; and
| ||||||
12 | (4) 5% of such sum shall be paid to the breeder of the | ||||||
13 | horse which
finishes in the official fourth position.
| ||||||
14 | Such payments shall not reduce any award to the owners of a | ||||||
15 | horse or
reduce the taxes payable under this Act. Upon | ||||||
16 | completion of its racing meet,
each organization licensee shall | ||||||
17 | deliver to the organization representing
thoroughbred breeders | ||||||
18 | and owners whose representative serves on the Illinois
| ||||||
19 | Thoroughbred Breeders Fund Advisory Board a listing of all the | ||||||
20 | Illinois foaled
and the Illinois conceived and foaled horses | ||||||
21 | which won breeders' awards and the
amount of such breeders' | ||||||
22 | awards in accordance with the provisions of this Act.
Such | ||||||
23 | payments shall be delivered by the organization licensee within | ||||||
24 | 30 days of
the end of each race meeting.
| ||||||
25 | (k) The term "breeder", as used herein, means the owner of | ||||||
26 | the mare at
the time the foal is dropped. An "Illinois foaled |
| |||||||
| |||||||
1 | horse" is a foal
dropped by a mare which enters this State on | ||||||
2 | or before December 1, in the
year in which the horse is bred,
| ||||||
3 | provided the mare remains continuously in this State until its | ||||||
4 | foal is born. An
"Illinois
foaled
horse" also means a foal born | ||||||
5 | of a mare in the same year
as the
mare enters this State on or | ||||||
6 | before March 1,
and remains in this State at
least 30
days | ||||||
7 | after foaling, is bred back during the season of the foaling to
| ||||||
8 | an
Illinois Registered Stallion (unless a veterinarian | ||||||
9 | certifies that the mare
should not be bred for health reasons), | ||||||
10 | and is not bred to a stallion
standing in any other state | ||||||
11 | during the season of foaling. An "Illinois
foaled horse" also | ||||||
12 | means a foal born in Illinois of a mare purchased at public
| ||||||
13 | auction
subsequent to the mare entering this State on or before | ||||||
14 | March 1 prior to February 1 of the foaling
year providing the | ||||||
15 | mare is owned solely by one or more Illinois residents or an
| ||||||
16 | Illinois
entity that is entirely owned by one or more Illinois | ||||||
17 | residents.
| ||||||
18 | (l) The Department of Agriculture shall, by rule, with the | ||||||
19 | advice
and assistance of the Illinois Thoroughbred Breeders | ||||||
20 | Fund Advisory
Board:
| ||||||
21 | (1) Qualify stallions for Illinois breeding; such | ||||||
22 | stallions to stand for
service within the State of Illinois | ||||||
23 | at the time of a foal's conception. Such
stallion must not | ||||||
24 | stand for service at any place outside the State of | ||||||
25 | Illinois
during the calendar year in which the foal is | ||||||
26 | conceived.
The Department of Agriculture may assess and |
| |||||||
| |||||||
1 | collect an application fee of up to $500 fees for the
| ||||||
2 | registration of Illinois-eligible stallions. All fees | ||||||
3 | collected are to be held in trust accounts for the purposes | ||||||
4 | set forth in this Act and in accordance with Section 205-15 | ||||||
5 | of the Department of Agriculture Law paid
into the Illinois | ||||||
6 | Thoroughbred Breeders Fund .
| ||||||
7 | (2) Provide for the registration of Illinois conceived | ||||||
8 | and foaled
horses and Illinois foaled horses. No such horse | ||||||
9 | shall compete in
the races limited to Illinois conceived | ||||||
10 | and foaled horses or Illinois
foaled horses or both unless | ||||||
11 | registered with the Department of
Agriculture. The | ||||||
12 | Department of Agriculture may prescribe such forms as
are | ||||||
13 | necessary to determine the eligibility of such horses. The | ||||||
14 | Department of
Agriculture may assess and collect | ||||||
15 | application fees for the registration of
Illinois-eligible | ||||||
16 | foals. All fees collected are to be held in trust accounts | ||||||
17 | for the purposes set forth in this Act and in accordance | ||||||
18 | with Section 205-15 of the Department of Agriculture Law | ||||||
19 | paid into the Illinois
Thoroughbred Breeders Fund . No | ||||||
20 | person
shall knowingly prepare or cause preparation of an | ||||||
21 | application for
registration of such foals containing | ||||||
22 | false information.
| ||||||
23 | (m) The Department of Agriculture, with the advice and | ||||||
24 | assistance of
the Illinois Thoroughbred Breeders Fund Advisory | ||||||
25 | Board, shall provide that certain races
limited to Illinois | ||||||
26 | conceived and foaled and Illinois foaled horses be
stakes races |
| |||||||
| |||||||
1 | and determine the total amount of stakes and awards to be paid
| ||||||
2 | to the owners of the winning horses in such races.
| ||||||
3 | In determining the stakes races and the amount of awards | ||||||
4 | for such races,
the Department of Agriculture shall consider | ||||||
5 | factors, including but not
limited to, the amount of money | ||||||
6 | appropriated for the Illinois Thoroughbred
Breeders Fund | ||||||
7 | program, organization licensees' contributions,
availability | ||||||
8 | of stakes caliber horses as demonstrated by past performances,
| ||||||
9 | whether the race can be coordinated into the proposed racing | ||||||
10 | dates within
organization licensees' racing dates, opportunity | ||||||
11 | for
colts and fillies
and various age groups to race, public | ||||||
12 | wagering on such races, and the
previous racing schedule.
| ||||||
13 | (n) The Board and the organizational licensee shall
notify | ||||||
14 | the Department of the conditions and minimum purses for races
| ||||||
15 | limited to Illinois conceived and foaled and Illinois foaled | ||||||
16 | horses
conducted for each organizational licensee conducting a | ||||||
17 | thoroughbred racing
meeting. The Department of Agriculture | ||||||
18 | with the advice and assistance of
the Illinois Thoroughbred | ||||||
19 | Breeders Fund Advisory Board may allocate monies
for purse | ||||||
20 | supplements for such races. In determining whether to allocate
| ||||||
21 | money and the amount, the Department of Agriculture shall | ||||||
22 | consider factors,
including but not limited to, the amount of | ||||||
23 | money appropriated for the
Illinois Thoroughbred Breeders Fund | ||||||
24 | program, the number of races that may
occur, and the | ||||||
25 | organizational licensee's purse structure.
| ||||||
26 | (o) (Blank).
|
| |||||||
| |||||||
1 | (Source: P.A. 98-692, eff. 7-1-14.)
| ||||||
2 | (230 ILCS 5/30.5)
| ||||||
3 | Sec. 30.5. Illinois Racing Quarter Horse Breeders Fund.
| ||||||
4 | (a) The General Assembly declares that it is the policy of | ||||||
5 | this State to
encourage the breeding of racing quarter horses | ||||||
6 | in this State and the ownership
of such horses by residents of | ||||||
7 | this State in order to provide for sufficient
numbers of high | ||||||
8 | quality racing quarter horses in this State and to establish
| ||||||
9 | and
preserve the agricultural and commercial benefits of such | ||||||
10 | breeding and racing
industries to the State of Illinois. It is | ||||||
11 | the intent of the General Assembly
to
further this policy by | ||||||
12 | the provisions of this Act.
| ||||||
13 | (b) There is hereby created non-appropriated trust a | ||||||
14 | special fund in the State Treasury to be
known as the Illinois | ||||||
15 | Racing Quarter Horse Breeders Fund , which is held separately | ||||||
16 | from State moneys . Except as provided
in
subsection (g) of | ||||||
17 | Section 27 of this Act, 8.5% of all the moneys received by
the
| ||||||
18 | State as pari-mutuel taxes on quarter horse racing shall be | ||||||
19 | paid into the
Illinois
Racing Quarter Horse Breeders Fund. The | ||||||
20 | Illinois Racing Quarter Horse Breeders Fund shall not be | ||||||
21 | subject to administrative charges or chargebacks, including, | ||||||
22 | but not
limited to, those authorized under Section 8h of the | ||||||
23 | State Finance Act.
| ||||||
24 | (c) The Illinois Racing Quarter Horse Breeders Fund shall | ||||||
25 | be administered
by the Department of Agriculture with the |
| |||||||
| |||||||
1 | advice and assistance of the Advisory
Board created in | ||||||
2 | subsection (d) of this Section.
| ||||||
3 | (d) The Illinois Racing Quarter Horse Breeders Fund | ||||||
4 | Advisory Board shall
consist of the Director of the Department | ||||||
5 | of Agriculture, who shall serve as
Chairman; a member of the | ||||||
6 | Illinois Racing Board, designated by it; one
representative of | ||||||
7 | the organization licensees conducting pari-mutuel
quarter | ||||||
8 | horse racing meetings,
recommended by them; 2 representatives | ||||||
9 | of the Illinois Running Quarter Horse
Association, recommended | ||||||
10 | by it; and the Superintendent of Fairs and Promotions
from the | ||||||
11 | Department of Agriculture. Advisory Board members shall serve | ||||||
12 | for 2
years commencing January 1 of each odd numbered year. If | ||||||
13 | representatives have
not
been recommended by January 1 of each | ||||||
14 | odd numbered year, the Director of the
Department of | ||||||
15 | Agriculture may make an appointment for the organization | ||||||
16 | failing
to
so recommend a member of the Advisory Board. | ||||||
17 | Advisory Board members shall
receive
no compensation for their | ||||||
18 | services as members but may be reimbursed for all
actual and | ||||||
19 | necessary expenses and disbursements incurred in the execution | ||||||
20 | of
their official duties.
| ||||||
21 | (e) Moneys in No moneys shall be expended from the Illinois | ||||||
22 | Racing Quarter Horse
Breeders Fund except as appropriated by | ||||||
23 | the General Assembly. Moneys
appropriated
from the Illinois | ||||||
24 | Racing Quarter Horse Breeders Fund shall be expended by the
| ||||||
25 | Department of Agriculture, with the advice and assistance of | ||||||
26 | the Illinois
Racing
Quarter Horse Breeders Fund Advisory Board, |
| |||||||
| |||||||
1 | for the following purposes only:
| ||||||
2 | (1) To provide stakes and awards to be paid to the
| ||||||
3 | owners of the winning horses in certain races. This | ||||||
4 | provision
is limited to Illinois conceived and foaled | ||||||
5 | horses.
| ||||||
6 | (2) To provide an award to the owner or owners of an | ||||||
7 | Illinois
conceived and foaled horse that wins a race when | ||||||
8 | pari-mutuel wagering is
conducted; providing the race is | ||||||
9 | not restricted to Illinois conceived and
foaled horses.
| ||||||
10 | (3) To provide purse money for an Illinois stallion | ||||||
11 | stakes program.
| ||||||
12 | (4) To provide for purses to be distributed for the | ||||||
13 | running of races
during the Illinois State Fair and the | ||||||
14 | DuQuoin State Fair exclusively for
quarter horses | ||||||
15 | conceived and foaled in Illinois.
| ||||||
16 | (5) To provide for purses to be distributed for the | ||||||
17 | running of races
at Illinois county fairs exclusively for | ||||||
18 | quarter horses conceived and foaled
in Illinois.
| ||||||
19 | (6) To provide for purses to be distributed for running | ||||||
20 | races
exclusively for quarter horses conceived and foaled | ||||||
21 | in Illinois at locations
in Illinois determined by the | ||||||
22 | Department of Agriculture with advice and
consent of the | ||||||
23 | Illinois Racing Quarter Horse Breeders Fund Advisory | ||||||
24 | Board.
| ||||||
25 | (7) No less than 90% of all moneys appropriated from | ||||||
26 | the Illinois
Racing Quarter Horse Breeders Fund shall be |
| |||||||
| |||||||
1 | expended for the purposes in
items (1), (2), (3), (4), and | ||||||
2 | (5) of this subsection (e).
| ||||||
3 | (8) To provide for research programs concerning the | ||||||
4 | health,
development, and care of racing quarter horses.
| ||||||
5 | (9) To provide for dissemination of public information | ||||||
6 | designed to
promote the breeding of racing quarter horses | ||||||
7 | in Illinois.
| ||||||
8 | (10) To provide for expenses incurred in the | ||||||
9 | administration of the
Illinois Racing Quarter Horse | ||||||
10 | Breeders Fund.
| ||||||
11 | (f) The Department of Agriculture shall, by rule, with the | ||||||
12 | advice and
assistance of the Illinois Racing Quarter Horse | ||||||
13 | Breeders Fund Advisory Board:
| ||||||
14 | (1) Qualify stallions for Illinois breeding; such | ||||||
15 | stallions to stand
for service within the State of | ||||||
16 | Illinois, at the time of a foal's
conception. Such stallion | ||||||
17 | must not stand for service at any place outside
the State | ||||||
18 | of Illinois during the calendar year in which the foal is
| ||||||
19 | conceived. The Department of Agriculture may assess and | ||||||
20 | collect application
fees for the registration of | ||||||
21 | Illinois-eligible stallions. All fees collected
are to be | ||||||
22 | paid into the Illinois Racing Quarter Horse Breeders Fund.
| ||||||
23 | (2) Provide for the registration of Illinois conceived | ||||||
24 | and foaled
horses. No such horse shall compete in the races | ||||||
25 | limited to Illinois
conceived and foaled horses unless it | ||||||
26 | is registered with the Department of
Agriculture. The |
| |||||||
| |||||||
1 | Department of Agriculture may prescribe such forms as are
| ||||||
2 | necessary to determine the eligibility of such horses. The | ||||||
3 | Department of
Agriculture may assess and collect | ||||||
4 | application fees for the registration of
Illinois-eligible | ||||||
5 | foals. All fees collected are to be paid into the Illinois
| ||||||
6 | Racing Quarter Horse Breeders Fund. No person shall | ||||||
7 | knowingly prepare or
cause preparation of an application | ||||||
8 | for registration of such foals that
contains false | ||||||
9 | information.
| ||||||
10 | (g) The Department of Agriculture, with the advice and | ||||||
11 | assistance of the
Illinois Racing Quarter Horse Breeders Fund | ||||||
12 | Advisory Board, shall provide that
certain races limited to | ||||||
13 | Illinois conceived and foaled be stakes races and
determine the | ||||||
14 | total amount of stakes and awards to be paid to the owners of | ||||||
15 | the
winning horses in such races.
| ||||||
16 | (Source: P.A. 98-463, eff. 8-16-13.)
| ||||||
17 | (230 ILCS 5/31) (from Ch. 8, par. 37-31)
| ||||||
18 | Sec. 31.
(a) The General Assembly declares that it is the | ||||||
19 | policy of
this State to encourage the breeding of standardbred | ||||||
20 | horses in this
State and the ownership of such horses by | ||||||
21 | residents of this State in
order to provide for: sufficient | ||||||
22 | numbers of high quality standardbred
horses to participate in | ||||||
23 | harness racing meetings in this State, and to
establish and | ||||||
24 | preserve the agricultural and commercial benefits of such
| ||||||
25 | breeding and racing industries to the State of Illinois. It is |
| |||||||
| |||||||
1 | the
intent of the General Assembly to further this policy by | ||||||
2 | the provisions
of this Section of this Act.
| ||||||
3 | (b) Each organization licensee conducting a harness
racing | ||||||
4 | meeting pursuant to this Act shall provide for at least two | ||||||
5 | races each
race program limited to
Illinois conceived and | ||||||
6 | foaled horses. A minimum of 6 races shall be
conducted each | ||||||
7 | week limited to Illinois conceived and foaled horses. No
horses | ||||||
8 | shall be permitted to start in such races unless duly | ||||||
9 | registered
under the rules of the Department of Agriculture.
| ||||||
10 | (b-5) Organization licensees, not including the Illinois | ||||||
11 | State Fair or the DuQuoin State Fair, shall provide stake races | ||||||
12 | and early closer races for Illinois conceived and foaled horses | ||||||
13 | so that purses distributed for such races shall be no less than | ||||||
14 | 17% of total purses distributed for harness racing in that | ||||||
15 | calendar year in addition to any stakes payments and starting | ||||||
16 | fees contributed by horse owners. | ||||||
17 | (b-10) Each organization licensee conducting a harness | ||||||
18 | racing meeting
pursuant to this Act shall provide an owner | ||||||
19 | award to be paid from the purse
account equal to 25% of the | ||||||
20 | amount earned by Illinois conceived and foaled
horses in races | ||||||
21 | that are not restricted to Illinois conceived and foaled
| ||||||
22 | horses. The owner awards shall not be paid on races below the | ||||||
23 | $10,000 claiming class. | ||||||
24 | (c) Conditions of races under subsection (b) shall be | ||||||
25 | commensurate
with past performance, quality and class of | ||||||
26 | Illinois conceived and
foaled horses available. If, however, |
| |||||||
| |||||||
1 | sufficient competition cannot be
had among horses of that class | ||||||
2 | on any day, the races may, with consent
of the Board, be | ||||||
3 | eliminated for that day and substitute races provided.
| ||||||
4 | (d) There is hereby created a special fund of the State | ||||||
5 | Treasury to
be known as the Illinois Standardbred Breeders | ||||||
6 | Fund.
| ||||||
7 | During the calendar year 1981, and each year thereafter, | ||||||
8 | except as provided
in subsection (g) of Section 27 of this Act, | ||||||
9 | eight and one-half
per cent of all the monies received by the | ||||||
10 | State as privilege taxes on
harness racing meetings shall be | ||||||
11 | paid into the Illinois Standardbred
Breeders Fund.
| ||||||
12 | (e) The Illinois Standardbred Breeders Fund shall be | ||||||
13 | administered by
the Department of Agriculture with the | ||||||
14 | assistance and advice of the
Advisory Board created in | ||||||
15 | subsection (f) of this Section.
| ||||||
16 | (f) The Illinois Standardbred Breeders Fund Advisory Board | ||||||
17 | is hereby
created. The Advisory Board shall consist of the | ||||||
18 | Director of the
Department of Agriculture, who shall serve as | ||||||
19 | Chairman; the
Superintendent of the Illinois State Fair; a | ||||||
20 | member of the Illinois
Racing Board, designated by it; a | ||||||
21 | representative of the largest association of Illinois | ||||||
22 | standardbred owners and breeders, recommended by it; a
| ||||||
23 | representative of a statewide association representing | ||||||
24 | agricultural fairs in Illinois,
recommended by it, such | ||||||
25 | representative to be from a fair at which
Illinois conceived | ||||||
26 | and foaled racing is conducted; a representative of
the |
| |||||||
| |||||||
1 | organization licensees conducting harness racing
meetings, | ||||||
2 | recommended by them; a representative of the Breeder's | ||||||
3 | Committee of the association representing the largest number of | ||||||
4 | standardbred owners, breeders, trainers, caretakers, and | ||||||
5 | drivers, recommended by it;
and a representative of the | ||||||
6 | association representing the largest number of standardbred | ||||||
7 | owners, breeders, trainers, caretakers, and drivers,
| ||||||
8 | recommended by it. Advisory Board members shall serve for 2 | ||||||
9 | years
commencing January 1 of each odd numbered year. If | ||||||
10 | representatives of
the largest association of Illinois | ||||||
11 | standardbred owners and breeders, a statewide association of | ||||||
12 | agricultural fairs in Illinois, the association representing | ||||||
13 | the largest number of standardbred owners, breeders, trainers, | ||||||
14 | caretakers, and drivers, a member of the Breeder's Committee of | ||||||
15 | the association representing the largest number of | ||||||
16 | standardbred owners, breeders, trainers, caretakers, and | ||||||
17 | drivers, and the organization licensees conducting
harness | ||||||
18 | racing meetings
have not been recommended by January 1 of each | ||||||
19 | odd numbered year, the
Director of the Department of | ||||||
20 | Agriculture shall make an appointment for
the organization | ||||||
21 | failing to so recommend a member of the Advisory Board.
| ||||||
22 | Advisory Board members shall receive no compensation for their | ||||||
23 | services
as members but shall be reimbursed for all actual and | ||||||
24 | necessary expenses
and disbursements incurred in the execution | ||||||
25 | of their official duties.
| ||||||
26 | (g) No monies shall be expended from the Illinois |
| |||||||
| |||||||
1 | Standardbred
Breeders Fund except as appropriated by the | ||||||
2 | General Assembly. Monies
appropriated from the Illinois | ||||||
3 | Standardbred Breeders Fund shall be
expended by the Department | ||||||
4 | of Agriculture, with the assistance and
advice of the Illinois | ||||||
5 | Standardbred Breeders Fund Advisory Board for the
following | ||||||
6 | purposes only:
| ||||||
7 | 1. To provide purses for races limited to Illinois | ||||||
8 | conceived and
foaled horses at the State Fair and the | ||||||
9 | DuQuoin State Fair .
| ||||||
10 | 2. To provide purses for races limited to Illinois | ||||||
11 | conceived and
foaled horses at county fairs.
| ||||||
12 | 3. To provide purse supplements for races limited to | ||||||
13 | Illinois
conceived and foaled horses conducted by | ||||||
14 | associations conducting harness
racing meetings.
| ||||||
15 | 4. No less than 75% of all monies in the Illinois | ||||||
16 | Standardbred
Breeders Fund shall be expended for purses in | ||||||
17 | 1, 2 and 3 as shown above.
| ||||||
18 | 5. In the discretion of the Department of Agriculture | ||||||
19 | to provide
awards to harness breeders of Illinois conceived | ||||||
20 | and foaled horses which
win races conducted by organization | ||||||
21 | licensees
conducting harness racing meetings.
A breeder is | ||||||
22 | the owner of a mare at the time of conception. No more
than | ||||||
23 | 10% of all monies appropriated from the Illinois
| ||||||
24 | Standardbred Breeders Fund shall
be expended for such | ||||||
25 | harness breeders awards. No more than 25% of the
amount | ||||||
26 | expended for harness breeders awards shall be expended for
|
| |||||||
| |||||||
1 | expenses incurred in the administration of such harness | ||||||
2 | breeders awards.
| ||||||
3 | 6. To pay for the improvement of racing facilities | ||||||
4 | located at the
State Fair and County fairs.
| ||||||
5 | 7. To pay the expenses incurred in the administration | ||||||
6 | of the
Illinois Standardbred Breeders Fund.
| ||||||
7 | 8. To promote the sport of harness racing , including | ||||||
8 | grants up to a
maximum of $7,500 per fair per year for | ||||||
9 | conducting pari-mutuel wagering during the advertised | ||||||
10 | dates of a
county fair .
| ||||||
11 | 9. To pay up to $50,000 annually for the Department of | ||||||
12 | Agriculture to conduct drug testing at county fairs racing | ||||||
13 | standardbred horses. | ||||||
14 | 10. To pay up to $100,000 annually for distribution to | ||||||
15 | Illinois county fairs to supplement premiums offered in | ||||||
16 | junior classes. | ||||||
17 | 11. To pay up to $100,000 annually for division and | ||||||
18 | equal distribution to the animal sciences department of | ||||||
19 | each Illinois public university system engaged in equine | ||||||
20 | research and education on or before the effective date of | ||||||
21 | this amendatory Act of the 100th General Assembly for | ||||||
22 | equine research and education. | ||||||
23 | (h) (Blank) Whenever the Governor finds that the amount in | ||||||
24 | the Illinois
Standardbred Breeders Fund is more than the total | ||||||
25 | of the outstanding
appropriations from such fund, the Governor | ||||||
26 | shall notify the State
Comptroller and the State Treasurer of |
| |||||||
| |||||||
1 | such fact. The Comptroller and
the State Treasurer, upon | ||||||
2 | receipt of such notification, shall transfer
such excess amount | ||||||
3 | from the Illinois Standardbred Breeders Fund to the
General | ||||||
4 | Revenue Fund .
| ||||||
5 | (i) A sum equal to 13% 12 1/2% of the first prize money of | ||||||
6 | the gross every purse
won by an Illinois conceived and foaled | ||||||
7 | horse shall be paid 50% by the
organization licensee conducting | ||||||
8 | the horse race meeting to the breeder
of such winning horse | ||||||
9 | from the organization licensee's account and 50% from the purse | ||||||
10 | account of the licensee share of the
money wagered .
Such | ||||||
11 | payment
shall not reduce any award to the owner of
the horse or | ||||||
12 | reduce the taxes payable under this Act. Such payment
shall be | ||||||
13 | delivered by the organization licensee at the end of each | ||||||
14 | quarter race
meeting .
| ||||||
15 | (j) The Department of Agriculture shall, by rule, with the
| ||||||
16 | assistance and advice of the Illinois Standardbred Breeders | ||||||
17 | Fund
Advisory Board:
| ||||||
18 | 1. Qualify stallions for Illinois Standardbred | ||||||
19 | Breeders Fund breeding ; such stallion
shall be owned by a | ||||||
20 | resident of the State of Illinois or by an Illinois
| ||||||
21 | corporation all of whose shareholders, directors, officers | ||||||
22 | and
incorporators are residents of the State of Illinois . | ||||||
23 | Such stallion shall
stand for
service at and within the | ||||||
24 | State of Illinois at the time of a foal's
conception, and | ||||||
25 | such stallion must not stand for service at any place , nor
| ||||||
26 | may semen from such stallion be transported,
outside the |
| |||||||
| |||||||
1 | State of Illinois during that calendar year in which the
| ||||||
2 | foal is conceived and that the owner of the stallion was | ||||||
3 | for the
12
months prior, a resident of Illinois . Foals | ||||||
4 | conceived outside the State of Illinois from shipped semen | ||||||
5 | from a
stallion qualified for breeders' awards under this | ||||||
6 | Section are
not eligible to participate in the Illinois | ||||||
7 | conceived and foaled program.
The articles of agreement of | ||||||
8 | any partnership, joint venture, limited
partnership, | ||||||
9 | syndicate, association or corporation and any bylaws and | ||||||
10 | stock
certificates must contain a restriction that | ||||||
11 | provides that the ownership or
transfer of interest by any | ||||||
12 | one of the persons a party to the agreement can
only be | ||||||
13 | made to a person who qualifies as an Illinois resident.
| ||||||
14 | 2. Provide for the registration of Illinois conceived | ||||||
15 | and foaled
horses and no such horse shall compete in the | ||||||
16 | races limited to Illinois
conceived and foaled horses | ||||||
17 | unless registered with the Department of
Agriculture. The | ||||||
18 | Department of Agriculture may prescribe such forms as
may | ||||||
19 | be necessary to determine the eligibility of such horses. | ||||||
20 | No person
shall knowingly prepare or cause preparation of | ||||||
21 | an application for
registration of such foals containing | ||||||
22 | false information.
A mare (dam) must be in the state at | ||||||
23 | least 180 30 days prior to foaling or
remain in the State | ||||||
24 | at least 30 days at the time of foaling.
Beginning with the | ||||||
25 | 1996 breeding season and for foals of 1997 and thereafter,
| ||||||
26 | a foal conceived in the State of Illinois by transported |
| |||||||
| |||||||
1 | fresh semen may be eligible for Illinois
conceived and | ||||||
2 | foaled registration provided all breeding and foaling
| ||||||
3 | requirements are met. The stallion must be qualified for | ||||||
4 | Illinois Standardbred
Breeders Fund breeding at the time of | ||||||
5 | conception and the mare must be
inseminated within the | ||||||
6 | State of Illinois. The foal must be dropped in Illinois
and | ||||||
7 | properly registered with the Department of Agriculture in | ||||||
8 | accordance with
this Act.
| ||||||
9 | 3. Provide that at least a 5 day racing program shall | ||||||
10 | be conducted
at the State Fair each year, which program | ||||||
11 | shall include at least the
following races limited to | ||||||
12 | Illinois conceived and foaled horses: (a) a
two year old | ||||||
13 | Trot and Pace, and Filly Division of each; (b) a three
year | ||||||
14 | old Trot and Pace, and Filly Division of each; (c) an aged | ||||||
15 | Trot and Pace,
and Mare Division of each.
| ||||||
16 | 4. Provide for the payment of nominating, sustaining | ||||||
17 | and starting
fees for races promoting the sport of harness | ||||||
18 | racing and for the races
to be conducted at the State Fair | ||||||
19 | as provided in
subsection (j) 3 of this Section provided | ||||||
20 | that the nominating,
sustaining and starting payment | ||||||
21 | required from an entrant shall not
exceed 2% of the purse | ||||||
22 | of such race. All nominating, sustaining and
starting | ||||||
23 | payments shall be held for the benefit of entrants and | ||||||
24 | shall be
paid out as part of the respective purses for such | ||||||
25 | races.
Nominating, sustaining and starting fees shall be | ||||||
26 | held in trust accounts
for the purposes as set forth in |
| |||||||
| |||||||
1 | this Act and in accordance with Section
205-15 of the | ||||||
2 | Department of Agriculture Law (20 ILCS
205/205-15).
| ||||||
3 | 5. Provide for the registration with the Department of | ||||||
4 | Agriculture
of Colt Associations or county fairs desiring | ||||||
5 | to sponsor races at county
fairs.
| ||||||
6 | 6. Provide for the promotion of producing standardbred | ||||||
7 | racehorses by providing a bonus award program for owners of | ||||||
8 | 2-year-old horses that win multiple major stakes races that | ||||||
9 | are limited to Illinois conceived and foaled horses. | ||||||
10 | (k) The Department of Agriculture, with the advice and | ||||||
11 | assistance of the
Illinois
Standardbred Breeders Fund Advisory | ||||||
12 | Board, may allocate monies for purse
supplements for such | ||||||
13 | races. In determining whether to allocate money and
the amount, | ||||||
14 | the Department
of Agriculture shall consider factors, | ||||||
15 | including but not limited to, the
amount of money appropriated | ||||||
16 | for the Illinois Standardbred Breeders Fund
program, the number | ||||||
17 | of races that may occur, and an organizational
licensee's purse | ||||||
18 | structure. The organizational licensee shall notify the
| ||||||
19 | Department of Agriculture of the conditions and minimum purses | ||||||
20 | for races
limited to Illinois conceived and foaled horses to be | ||||||
21 | conducted by each
organizational licensee conducting a harness | ||||||
22 | racing meeting for which purse
supplements have been | ||||||
23 | negotiated.
| ||||||
24 | (l) All races held at county fairs and the State Fair which | ||||||
25 | receive funds
from the Illinois Standardbred Breeders Fund | ||||||
26 | shall be conducted in
accordance with the rules of the United |
| |||||||
| |||||||
1 | States Trotting Association unless
otherwise modified by the | ||||||
2 | Department of Agriculture.
| ||||||
3 | (m) At all standardbred race meetings held or conducted | ||||||
4 | under authority of a
license granted by the Board, and at all | ||||||
5 | standardbred races held at county
fairs which are approved by | ||||||
6 | the Department of Agriculture or at the
Illinois or DuQuoin | ||||||
7 | State Fairs, no one shall jog, train, warm up or drive
a | ||||||
8 | standardbred horse unless he or she is wearing a protective | ||||||
9 | safety helmet,
with the
chin strap fastened and in place, which | ||||||
10 | meets the standards and
requirements as set forth in the 1984 | ||||||
11 | Standard for Protective Headgear for
Use in Harness Racing and | ||||||
12 | Other Equestrian Sports published by the Snell
Memorial | ||||||
13 | Foundation, or any standards and requirements for headgear the
| ||||||
14 | Illinois Racing Board may approve. Any other standards and | ||||||
15 | requirements so
approved by the Board shall equal or exceed | ||||||
16 | those published by the Snell
Memorial Foundation. Any | ||||||
17 | equestrian helmet bearing the Snell label shall
be deemed to | ||||||
18 | have met those standards and requirements.
| ||||||
19 | (Source: P.A. 99-756, eff. 8-12-16.)
| ||||||
20 | (230 ILCS 5/31.1) (from Ch. 8, par. 37-31.1)
| ||||||
21 | Sec. 31.1.
(a) Organization licensees
collectively shall | ||||||
22 | contribute annually to charity the sum of $1,000,000
$750,000
| ||||||
23 | to non-profit organizations that provide medical and family, | ||||||
24 | counseling,
and similar services to persons who reside or work | ||||||
25 | on the backstretch of
Illinois racetracks.
These contributions |
| |||||||
| |||||||
1 | shall be collected as follows: (i) no later than July
1st of | ||||||
2 | each year the Board shall assess each organization licensee, | ||||||
3 | except
those tracks which are not within 100 miles of each | ||||||
4 | other which tracks
shall pay $40,000 $30,000 annually apiece | ||||||
5 | into the Board charity fund, that amount
which equals $920,000 | ||||||
6 | $690,000 multiplied by the amount of pari-mutuel wagering
| ||||||
7 | handled by the organization licensee in the year preceding | ||||||
8 | assessment and
divided by the total pari-mutuel wagering | ||||||
9 | handled by all Illinois
organization licensees, except those | ||||||
10 | tracks which are not within 100 miles of
each other, in the | ||||||
11 | year preceding assessment; (ii) notice of
the assessed | ||||||
12 | contribution shall be mailed to each organization licensee;
| ||||||
13 | (iii) within thirty days of its receipt of such notice, each | ||||||
14 | organization
licensee shall remit the assessed contribution to | ||||||
15 | the Board. If an
organization licensee wilfully fails to so | ||||||
16 | remit the contribution, the
Board may revoke its license to | ||||||
17 | conduct horse racing.
| ||||||
18 | (b) No later than October 1st of each year, any
qualified | ||||||
19 | charitable organization seeking an allotment of
contributed | ||||||
20 | funds shall
submit to the Board an application for those funds, | ||||||
21 | using the
Board's approved
form. No later than December 31st of | ||||||
22 | each year, the Board shall
distribute all such amounts | ||||||
23 | collected that year to such charitable
organization | ||||||
24 | applicants.
| ||||||
25 | (Source: P.A. 87-110.)
|
| |||||||
| |||||||
1 | (230 ILCS 5/32.1)
| ||||||
2 | Sec. 32.1. Pari-mutuel tax credit; statewide racetrack | ||||||
3 | real estate
equalization. | ||||||
4 | (a) In order to encourage new investment in Illinois | ||||||
5 | racetrack facilities and
mitigate differing real estate tax | ||||||
6 | burdens among all racetracks, the licensees
affiliated or | ||||||
7 | associated with each racetrack that has been awarded live | ||||||
8 | racing
dates in the current year shall receive an immediate | ||||||
9 | pari-mutuel tax credit in
an amount equal to the greater of (i) | ||||||
10 | 50% of the amount of the real estate
taxes paid in the prior | ||||||
11 | year attributable to that racetrack, or (ii) the amount
by | ||||||
12 | which the real estate taxes paid in the prior year attributable | ||||||
13 | to that
racetrack exceeds 60% of the average real estate taxes | ||||||
14 | paid in the prior year
for all racetracks awarded live horse | ||||||
15 | racing meets in the current year.
| ||||||
16 | Each year, regardless of whether the organization licensee | ||||||
17 | conducted live
racing in the year of certification, the
Board | ||||||
18 | shall certify in writing, prior to December 31, the real
estate | ||||||
19 | taxes paid in that year for each racetrack and the amount of | ||||||
20 | the
pari-mutuel tax credit that each organization licensee, | ||||||
21 | inter-track intertrack wagering
licensee, and inter-track | ||||||
22 | intertrack wagering location licensee that derives its license
| ||||||
23 | from such racetrack is entitled in the succeeding calendar | ||||||
24 | year. The real
estate taxes considered under this Section
for | ||||||
25 | any racetrack shall be those taxes on the real estate parcels | ||||||
26 | and related
facilities used to conduct a horse race meeting and |
| |||||||
| |||||||
1 | inter-track wagering at
such
racetrack under this Act.
In no | ||||||
2 | event shall the amount of the tax credit under this Section | ||||||
3 | exceed the
amount of pari-mutuel taxes otherwise calculated | ||||||
4 | under this Act.
The amount of the tax credit under this Section
| ||||||
5 | shall be retained by each licensee and shall not be subject to | ||||||
6 | any reallocation
or further distribution under this Act. The | ||||||
7 | Board may promulgate emergency
rules to implement this Section.
| ||||||
8 | (b) Beginning on January 1 following the calendar year | ||||||
9 | during which an organization licensee begins conducting | ||||||
10 | electronic gaming operations pursuant to an electronic gaming | ||||||
11 | license issued under the Illinois Gambling Act, the | ||||||
12 | organization licensee shall be ineligible to receive a tax | ||||||
13 | credit under this Section. | ||||||
14 | (Source: P.A. 91-40, eff. 6-25-99; revised 9-2-16.)
| ||||||
15 | (230 ILCS 5/34.3 new) | ||||||
16 | Sec. 34.3. Drug testing. The Illinois Racing Board and the | ||||||
17 | Department of Agriculture shall jointly establish a program for | ||||||
18 | the purpose of conducting drug testing of horses at county | ||||||
19 | fairs and shall adopt any rules necessary for enforcement of | ||||||
20 | the program. The rules shall include appropriate penalties for | ||||||
21 | violations.
| ||||||
22 | (230 ILCS 5/36)
(from Ch. 8, par. 37-36)
| ||||||
23 | Sec. 36. (a) Whoever administers or conspires to administer | ||||||
24 | to
any horse a hypnotic, narcotic, stimulant, depressant or any |
| |||||||
| |||||||
1 | chemical
substance which may affect the speed of a horse at any | ||||||
2 | time in any race
where the purse or any part of the purse is | ||||||
3 | made of money authorized by any
Section of this Act , except | ||||||
4 | those chemical substances permitted by ruling of
the Board, | ||||||
5 | internally, externally or by hypodermic method in a race or | ||||||
6 | prior
thereto, or whoever knowingly enters a horse in any race | ||||||
7 | within a period of 24
hours after any hypnotic, narcotic, | ||||||
8 | stimulant, depressant or any other chemical
substance which may | ||||||
9 | affect the speed of a horse at any time, except those
chemical | ||||||
10 | substances permitted by ruling of the Board, has been | ||||||
11 | administered to
such horse either internally or externally or | ||||||
12 | by hypodermic method for the
purpose of increasing or retarding | ||||||
13 | the speed of such horse shall be guilty of a
Class 4 felony. | ||||||
14 | The Board shall suspend or revoke such violator's license.
| ||||||
15 | (b) The term "hypnotic" as used in this Section includes | ||||||
16 | all barbituric
acid preparations and derivatives.
| ||||||
17 | (c) The term "narcotic" as used in this Section includes | ||||||
18 | opium and
all its alkaloids, salts, preparations and | ||||||
19 | derivatives, cocaine
and all its salts, preparations and | ||||||
20 | derivatives and substitutes.
| ||||||
21 | (d) The provisions of this Section 36 and the treatment | ||||||
22 | authorized herein
apply to horses entered in and competing in | ||||||
23 | race meetings as defined in
Section 3.07 of this Act and to | ||||||
24 | horses entered in and competing at any county
fair.
| ||||||
25 | (Source: P.A. 79-1185.)
|
| |||||||
| |||||||
1 | (230 ILCS 5/39.2 new) | ||||||
2 | Sec. 39.2. Prohibition of political contributions from | ||||||
3 | certain licensees and applicants. | ||||||
4 | (a) The General Assembly has a compelling interest in | ||||||
5 | protecting the integrity of both the electoral process and the | ||||||
6 | legislative process by preventing corruption and the | ||||||
7 | appearance of corruption which may arise through permitting | ||||||
8 | certain political campaign contributions by certain persons | ||||||
9 | involved in the horse racing industry and regulated by the | ||||||
10 | State. Unlike most other regulated industries, horse racing is | ||||||
11 | especially susceptible to corruption and potential criminal | ||||||
12 | influence. In Illinois, only licensed horse racing is legal and | ||||||
13 | all other such activities are strictly prohibited. Given these | ||||||
14 | circumstances, it is imperative to eliminate any potential | ||||||
15 | corrupt influence in the horse racing industry and the | ||||||
16 | electoral process. | ||||||
17 | Banning political campaign contributions by certain | ||||||
18 | persons subject to this Section to State officeholders and | ||||||
19 | candidates for such offices and to county and municipal | ||||||
20 | officeholders and candidates for such offices in counties and | ||||||
21 | municipalities that receive financial benefits from horse | ||||||
22 | racing is necessary to prevent corruption and the appearance of | ||||||
23 | corruption that may arise when political campaign | ||||||
24 | contributions and horse racing that is regulated by the State | ||||||
25 | and that confers benefits on counties and municipalities are | ||||||
26 | intermingled. |
| |||||||
| |||||||
1 | (b) As used in this Section: | ||||||
2 | "Affiliated entity" means (i) any corporate parent and each | ||||||
3 | operating subsidiary of the business entity applying for or | ||||||
4 | holding a license, (ii) each operating subsidiary of the | ||||||
5 | corporate parent of the business entity applying for or holding | ||||||
6 | a license, (iii) any organization recognized by the United | ||||||
7 | States Internal Revenue Service as a tax-exempt organization | ||||||
8 | described in Section 501(c) of the Internal Revenue Code of | ||||||
9 | 1986 (or any successor provision of federal tax law) | ||||||
10 | established by one or more business entities seeking or holding | ||||||
11 | a license, any affiliated entity of such business entity, or | ||||||
12 | any affiliated person of such business entity, and (iv) any | ||||||
13 | political committee for which the business entity applying for | ||||||
14 | or holding a license, or any 501(c) organization described in | ||||||
15 | item (iii) related to that business entity, is the sponsoring | ||||||
16 | entity, as defined in Section 9-3 of the Election Code. For | ||||||
17 | purposes of item (iv), the funding of all business entities | ||||||
18 | applying for or holding a license shall be aggregated in | ||||||
19 | determining whether such political committee is an affiliated | ||||||
20 | entity. | ||||||
21 | "Affiliated person" means (i) any person with any ownership | ||||||
22 | interest or distributive share in excess of 7.5% of any | ||||||
23 | business entity applying for or holding a license, (ii) | ||||||
24 | executive employees of any such business entity, and (iii) the | ||||||
25 | spouse of the persons described in items (i) and (ii). | ||||||
26 | "Business entity" means any entity doing business for |
| |||||||
| |||||||
1 | profit, whether organized as a corporation, partnership, sole | ||||||
2 | proprietorship, limited liability company, or otherwise. | ||||||
3 | "Contribution" means a contribution as defined in Section | ||||||
4 | 9-1.4 of the Election Code. | ||||||
5 | "Declared candidate" means a person who has filed a | ||||||
6 | statement of candidacy and petition for nomination or election | ||||||
7 | in the principal office of the State Board of Elections, or in | ||||||
8 | the office of the appropriate election authority for any county | ||||||
9 | or municipality in which a race track is located. | ||||||
10 | "Executive employee" means (i) any person who is an officer | ||||||
11 | or director or who fulfills duties equivalent to those of an | ||||||
12 | officer or director of a business entity applying for or | ||||||
13 | holding a license and (ii) any employee of such business entity | ||||||
14 | who is required to register under the Lobbyist Registration | ||||||
15 | Act. | ||||||
16 | "License" means any organization, inter-track wagering, | ||||||
17 | inter-track wagering location, advance deposit wagering or | ||||||
18 | concessionaire license issued pursuant to this Act. | ||||||
19 | "Officeholder" means the Governor, Lieutenant Governor, | ||||||
20 | Attorney General, Secretary of State, Comptroller, Treasurer, | ||||||
21 | member of the General Assembly, or any officeholder in any | ||||||
22 | county or municipality in which a race track is located. | ||||||
23 | (c) Any person or business entity applying for or holding a | ||||||
24 | license, any affiliated entities or persons of such business | ||||||
25 | entity, any horsemen's association, and any entities or persons | ||||||
26 | soliciting a contribution or causing a contribution to be made |
| |||||||
| |||||||
1 | on behalf of such person, business entity, or horsemen's | ||||||
2 | association, are prohibited from making any contribution to any | ||||||
3 | officeholder or declared candidate or any political committee | ||||||
4 | affiliated with any officeholder or declared candidate, as | ||||||
5 | defined in Section 9-1.8 of the Election Code. This prohibition | ||||||
6 | shall commence upon filing of an application for a license and | ||||||
7 | shall continue for a period of 2 years after termination, | ||||||
8 | suspension or revocation of the license. | ||||||
9 | The Board shall have authority to suspend, revoke, or | ||||||
10 | restrict the license and to impose civil penalties of up to | ||||||
11 | $100,000 for each violation of this subsection (c). A notice of | ||||||
12 | each such violation and the penalty imposed shall be published | ||||||
13 | on the Board's Internet website and in the Illinois Register. | ||||||
14 | Payments received by the State pursuant to this subsection | ||||||
15 | shall be deposited into the General Revenue Fund. | ||||||
16 | Any officeholder or declared candidate or any political | ||||||
17 | committee affiliated with any officeholder or declared | ||||||
18 | candidate that has received a contribution in violation of this | ||||||
19 | subsection (c) shall pay an amount equal to the value of the | ||||||
20 | contribution to the State no more than 30 days after notice of | ||||||
21 | the violation concerning the contribution appears in the | ||||||
22 | Illinois Register. Payments received by the State pursuant to | ||||||
23 | this subsection (c) shall be deposited into the General Revenue | ||||||
24 | Fund. | ||||||
25 | (d) The Board shall post on its website a list of all | ||||||
26 | persons, business entities, horsemen's associations, and |
| |||||||
| |||||||
1 | affiliated entities prohibited from making contributions to | ||||||
2 | any officeholder or declared candidate political committee | ||||||
3 | pursuant to subsection (c), which list shall be updated and | ||||||
4 | published, at a minimum, every 6 months. | ||||||
5 | Any person, business entity, horsemen's association, or | ||||||
6 | affiliated entity prohibited from making contributions to any | ||||||
7 | officeholder or declared candidate political committee | ||||||
8 | pursuant to subsection (c) shall notify the Board within 7 days | ||||||
9 | after discovering any necessary change or addition to the | ||||||
10 | information relating to that person, business entity, | ||||||
11 | horsemen's association, or affiliated entity contained in the | ||||||
12 | list. | ||||||
13 | An individual who acts in good faith and in reliance on any | ||||||
14 | information contained in the list shall not be subject to any | ||||||
15 | penalties or liability imposed for a violation of this Section. | ||||||
16 | (e) If any provision of this Section is held invalid or its | ||||||
17 | application to any person or circumstance is held invalid, the | ||||||
18 | invalidity of that provision or application does not affect the | ||||||
19 | other provisions or applications of this Section that can be | ||||||
20 | given effect without the invalid application or provision.
| ||||||
21 | (230 ILCS 5/40) (from Ch. 8, par. 37-40)
| ||||||
22 | Sec. 40.
(a) The imposition of any fine or penalty provided | ||||||
23 | in this Act
shall not preclude the Board in its rules and | ||||||
24 | regulations from imposing a
fine or penalty for any other | ||||||
25 | action which, in the Board's discretion, is a
detriment or |
| |||||||
| |||||||
1 | impediment to horse racing.
| ||||||
2 | (b) The Director of Agriculture or his or her authorized | ||||||
3 | representative
shall impose the following monetary penalties | ||||||
4 | and hold administrative
hearings as required for failure to | ||||||
5 | submit the following applications,
lists, or reports within the | ||||||
6 | time period, date or manner required by
statute or rule or for | ||||||
7 | removing a foal from Illinois prior to inspection:
| ||||||
8 | (1) late filing of a renewal application for offering | ||||||
9 | or standing
stallion for service:
| ||||||
10 | (A) if an application is submitted no more than 30 | ||||||
11 | days late, $50;
| ||||||
12 | (B) if an application is submitted no more than 45 | ||||||
13 | days late, $150; or
| ||||||
14 | (C) if an application is submitted more than 45 | ||||||
15 | days late, if filing
of the application is allowed | ||||||
16 | under an administrative hearing, $250;
| ||||||
17 | (2) late filing of list or report of mares bred:
| ||||||
18 | (A) if a list or report is submitted no more than | ||||||
19 | 30 days late, $50;
| ||||||
20 | (B) if a list or report is submitted no more than | ||||||
21 | 60 days late , $150; or
| ||||||
22 | (C) if a list or report is submitted more than 60 | ||||||
23 | days late, if filing
of the list or report is allowed | ||||||
24 | under an administrative hearing, $250;
| ||||||
25 | (3) filing an Illinois foaled thoroughbred mare status | ||||||
26 | report after the statutory deadline as provided in |
| |||||||
| |||||||
1 | subsection (k) of Section 30 of this Act
December 31 :
| ||||||
2 | (A) if a report is submitted no more than 30 days | ||||||
3 | late, $50;
| ||||||
4 | (B) if a report is submitted no more than 90 days | ||||||
5 | late, $150;
| ||||||
6 | (C) if a report is submitted no more than 150 days | ||||||
7 | late, $250; or
| ||||||
8 | (D) if a report is submitted more than 150 days | ||||||
9 | late, if filing of
the report is allowed under an | ||||||
10 | administrative hearing, $500;
| ||||||
11 | (4) late filing of application for foal eligibility | ||||||
12 | certificate:
| ||||||
13 | (A) if an application is submitted no more than 30 | ||||||
14 | days late, $50;
| ||||||
15 | (B) if an application is submitted no more than 90 | ||||||
16 | days late, $150;
| ||||||
17 | (C) if an application is submitted no more than 150 | ||||||
18 | days late, $250; or
| ||||||
19 | (D) if an application is submitted more than 150 | ||||||
20 | days late, if
filing of the application is allowed | ||||||
21 | under an administrative hearing, $500;
| ||||||
22 | (5) failure to report the intent to remove a foal from | ||||||
23 | Illinois prior
to inspection, identification and | ||||||
24 | certification by a Department of
Agriculture investigator, | ||||||
25 | $50; and
| ||||||
26 | (6) if a list or report of mares bred is incomplete, |
| |||||||
| |||||||
1 | $50 per mare not
included on the list or report.
| ||||||
2 | Any person upon whom monetary penalties are imposed under | ||||||
3 | this Section 3
times within a 5-year 5 year period shall have | ||||||
4 | any further monetary penalties
imposed at double the amounts | ||||||
5 | set forth above. All monies assessed and
collected for | ||||||
6 | violations relating to thoroughbreds shall be paid into the
| ||||||
7 | Illinois Thoroughbred Breeders Fund. All monies assessed and | ||||||
8 | collected for
violations relating to standardbreds shall be | ||||||
9 | paid into the Illinois Standardbred
Breeders Fund.
| ||||||
10 | (Source: P.A. 87-397; revised 9-2-16.)
| ||||||
11 | (230 ILCS 5/54.75)
| ||||||
12 | Sec. 54.75. Horse Racing Equity Trust Fund. | ||||||
13 | (a) There is created a Fund to be known as the Horse
Racing
| ||||||
14 | Equity Trust Fund, which is a non-appropriated trust fund held | ||||||
15 | separate and apart from State moneys. The Fund shall consist of | ||||||
16 | moneys paid into it by owners licensees under
the Illinois | ||||||
17 | Riverboat Gambling Act for the purposes described in this | ||||||
18 | Section. The Fund shall
be administered
by the Board. Moneys in | ||||||
19 | the Fund shall be distributed as directed and certified by the | ||||||
20 | Board in accordance with the provisions of subsection (b). | ||||||
21 | (b) The moneys deposited into the Fund, plus any accrued | ||||||
22 | interest on those moneys, shall be distributed
within 10 days | ||||||
23 | after those moneys are deposited into the Fund as follows: | ||||||
24 | (1) Sixty percent of all moneys distributed under this | ||||||
25 | subsection shall be
distributed to organization licensees |
| |||||||
| |||||||
1 | to be distributed at their race
meetings as purses. | ||||||
2 | Fifty-seven percent of the amount distributed under this
| ||||||
3 | paragraph (1) shall be distributed for thoroughbred race | ||||||
4 | meetings and
43% shall be distributed for standardbred race | ||||||
5 | meetings. Within each
breed, moneys shall be allocated to | ||||||
6 | each organization licensee's purse
fund in accordance with | ||||||
7 | the ratio between the purses generated for that
breed by | ||||||
8 | that licensee during the prior calendar year and the total | ||||||
9 | purses
generated throughout the State for that breed during | ||||||
10 | the prior calendar
year by licensees in the current | ||||||
11 | calendar year. | ||||||
12 | (2) The remaining 40% of the moneys distributed under | ||||||
13 | this
subsection (b) shall be distributed as follows: | ||||||
14 | (A) 11% shall be distributed to any person (or its | ||||||
15 | successors or assigns) who had operating control of a | ||||||
16 | racetrack that conducted live racing in 2002 at a | ||||||
17 | racetrack in a
county with at least 230,000 inhabitants | ||||||
18 | that borders the Mississippi River and is a licensee in | ||||||
19 | the current year; and | ||||||
20 | (B) the remaining 89% shall be distributed pro rata
| ||||||
21 | according to the aggregate
proportion of total handle | ||||||
22 | from wagering on live races conducted in Illinois | ||||||
23 | (irrespective of where the wagers are placed) for | ||||||
24 | calendar years 2004 and 2005
to any person (or its
| ||||||
25 | successors or assigns) who (i) had
majority operating | ||||||
26 | control of a racing facility at which live racing was |
| |||||||
| |||||||
1 | conducted in
calendar year 2002, (ii) is a licensee in | ||||||
2 | the current
year, and (iii) is not eligible to receive | ||||||
3 | moneys under subparagraph (A) of this paragraph (2). | ||||||
4 | The moneys received by an organization licensee | ||||||
5 | under this paragraph (2) shall be used by each | ||||||
6 | organization licensee to improve, maintain, market, | ||||||
7 | and otherwise operate its racing facilities to conduct | ||||||
8 | live racing, which shall include backstretch services | ||||||
9 | and capital improvements related to live racing and the | ||||||
10 | backstretch. Any organization licensees sharing common | ||||||
11 | ownership may pool the moneys received and spent at all | ||||||
12 | racing facilities commonly owned in order to meet these | ||||||
13 | requirements. | ||||||
14 | If any person identified in this paragraph (2) becomes
| ||||||
15 | ineligible to receive moneys from the Fund, such amount | ||||||
16 | shall be redistributed
among the remaining persons in | ||||||
17 | proportion to their percentages otherwise
calculated. | ||||||
18 | (c) The Board shall monitor organization licensees to | ||||||
19 | ensure that moneys paid to organization licensees under this | ||||||
20 | Section are distributed by the organization licensees as | ||||||
21 | provided in subsection (b).
| ||||||
22 | (Source: P.A. 95-1008, eff. 12-15-08.) | ||||||
23 | (230 ILCS 5/56 new) | ||||||
24 | Sec. 56. Electronic gaming. | ||||||
25 | (a) A person, firm, corporation, or limited liability |
| |||||||
| |||||||
1 | company having operating control of a race track may apply to | ||||||
2 | the Gaming Board for an electronic gaming license. An | ||||||
3 | electronic gaming license shall authorize its holder to conduct | ||||||
4 | electronic gaming on the grounds of the race track controlled | ||||||
5 | by the licensee's race track. Only one electronic gaming | ||||||
6 | license may be awarded for any race track. A holder of an | ||||||
7 | electronic gaming license shall be subject to the Illinois | ||||||
8 | Gambling Act and rules of the Illinois Gaming Board concerning | ||||||
9 | electronic gaming. If the person, firm, corporation, or limited | ||||||
10 | liability company having operating control of a race track is | ||||||
11 | found by the Illinois Gaming Board to be unsuitable for an | ||||||
12 | electronic gaming license under the Illinois Gambling Act and | ||||||
13 | rules of the Gaming Board, that person, firm, corporation, or | ||||||
14 | limited liability company shall not be granted an electronic | ||||||
15 | gaming license. Each license shall specify the number of gaming | ||||||
16 | positions that its holder may operate. | ||||||
17 | An electronic gaming licensee may not permit persons under | ||||||
18 | 21 years of age to be present in its electronic gaming | ||||||
19 | facility, but the licensee may accept wagers on live racing and | ||||||
20 | inter-track wagers at its electronic gaming facility. | ||||||
21 | (b) For purposes of this subsection, "adjusted gross | ||||||
22 | receipts" means an electronic gaming licensee's gross receipts | ||||||
23 | less winnings paid to wagerers and shall also include any | ||||||
24 | amounts that would otherwise be deducted pursuant to subsection | ||||||
25 | (a-9) of Section 13 of the Illinois Gambling Act. The adjusted | ||||||
26 | gross receipts by an electronic gaming licensee from electronic |
| |||||||
| |||||||
1 | gaming remaining after the payment of taxes under Section 13 of | ||||||
2 | the Illinois Gambling Act shall be distributed as follows: | ||||||
3 | (1) Amounts shall be paid to the purse account at the | ||||||
4 | track at which the organization licensee is conducting | ||||||
5 | racing equal to the following: | ||||||
6 | 12.75% of annual adjusted gross receipts up to and | ||||||
7 | including $75,000,000; | ||||||
8 | 20% of annual adjusted gross receipts in excess of | ||||||
9 | $75,000,000 but not exceeding $100,000,000; | ||||||
10 | 26.5% of annual adjusted gross receipts in excess | ||||||
11 | of $100,000,000 but not exceeding $125,000,000; and | ||||||
12 | 20.5% of annual adjusted gross receipts in excess | ||||||
13 | of $125,000,000. | ||||||
14 | (2) The remainder shall be retained by the electronic | ||||||
15 | gaming licensee. | ||||||
16 | (c) Electronic gaming receipts placed into the purse | ||||||
17 | account of an organization licensee racing thoroughbred horses | ||||||
18 | shall be used for purses, for health care services or worker's | ||||||
19 | compensation for racing industry workers, for equine research, | ||||||
20 | for programs to care for and transition injured and retired | ||||||
21 | thoroughbred horses that race at the race track, or for horse | ||||||
22 | ownership promotion, in accordance with the agreement of the | ||||||
23 | horsemen's association representing the largest number of | ||||||
24 | owners and trainers who race at that organization licensee's | ||||||
25 | race meetings. | ||||||
26 | Annually, from the purse account of an organization |
| |||||||
| |||||||
1 | licensee racing thoroughbred horses in this State, except for | ||||||
2 | in Madison County, an amount equal to 12% of the electronic | ||||||
3 | gaming receipts placed into the purse accounts shall be paid to | ||||||
4 | the Illinois Thoroughbred Breeders Fund and shall be used for | ||||||
5 | owner awards; a stallion program pursuant to paragraph (3) of | ||||||
6 | subsection (g) of Section 30 of this Act; and Illinois | ||||||
7 | conceived and foaled stakes races pursuant to paragraph (2) of | ||||||
8 | subsection (g) of Section 30 of this Act, as specifically | ||||||
9 | designated by the horsemen's association representing the | ||||||
10 | largest number of owners and trainers who race at the | ||||||
11 | organization licensee's race meetings. | ||||||
12 | Annually, from the purse account of an organization | ||||||
13 | licensee racing thoroughbred horses in Madison County, an | ||||||
14 | amount equal to 10% of the electronic gaming receipts placed | ||||||
15 | into the purse accounts shall be paid to the Illinois | ||||||
16 | Thoroughbred Breeders Fund and shall be used for owner awards; | ||||||
17 | a stallion program pursuant to paragraph (3) of subsection (g) | ||||||
18 | of Section 30 of this Act; and Illinois conceived and foaled | ||||||
19 | stakes races pursuant to paragraph (2) of subsection (g) of | ||||||
20 | Section 30 of this Act, as specifically designated by the | ||||||
21 | horsemen's association representing the largest number of | ||||||
22 | owners and trainers who race at the organization licensee's | ||||||
23 | race meetings. | ||||||
24 | Annually, from the purse account of an organization | ||||||
25 | licensee conducting thoroughbred races at a race track in | ||||||
26 | Madison County, an amount equal to 1% of the electronic gaming |
| |||||||
| |||||||
1 | receipts distributed to purses per subsection (b) of this | ||||||
2 | Section 56 shall be paid as follows: 0.33 1/3% to Southern | ||||||
3 | Illinois University Department of Animal Sciences for equine | ||||||
4 | research and education, an amount equal to 0.33 1/3% of the | ||||||
5 | electronic gaming receipts shall be used to operate laundry | ||||||
6 | facilities or a kitchen for backstretch workers at that race | ||||||
7 | track, and an amount equal to 0.33 1/3% of the electronic | ||||||
8 | gaming receipts shall be paid to R.A.C.E., Inc., a 501(c)(3) | ||||||
9 | non-profit organization that cares for injured and unwanted | ||||||
10 | horses that race at that race track. | ||||||
11 | Annually, from the purse account of organization licensees | ||||||
12 | conducting thoroughbred races at race tracks in Cook County, | ||||||
13 | $100,000 shall be paid for division and equal distribution to | ||||||
14 | the animal sciences department of each Illinois public | ||||||
15 | university system engaged in equine research and education on | ||||||
16 | or before the effective date of this amendatory Act of the | ||||||
17 | 100th General Assembly for equine research and education. | ||||||
18 | (d) Annually, from the purse account of an organization | ||||||
19 | licensee racing standardbred horses, an amount equal to 15% of | ||||||
20 | the electronic gaming receipts placed into that purse account | ||||||
21 | shall be paid to the Illinois Colt Stakes Purse Distribution | ||||||
22 | Fund. Moneys deposited into the Illinois Colt Stakes Purse | ||||||
23 | Distribution Fund shall be used for standardbred racing as | ||||||
24 | authorized in paragraphs 1, 2, 3, 8, 9, 10, and 11 of | ||||||
25 | subsection (g) of Section 31 of this Act and for bonus awards | ||||||
26 | as authorized under paragraph 6 of subsection (j) of Section 31 |
| |||||||
| |||||||
1 | of this Act. | ||||||
2 | (e) The Illinois Gaming Board shall submit a report to the | ||||||
3 | General Assembly on or before December 31, 2018 that examines | ||||||
4 | the feasibility of conducting electronic gaming at the Illinois | ||||||
5 | State Fairgrounds in Sangamon County. At a minimum, this report | ||||||
6 | shall analyze the projected revenues that will be generated, | ||||||
7 | the potential for cannibalization of existing riverboats, | ||||||
8 | casinos, or other electronic gaming facilities, and the | ||||||
9 | potential detriment to the surrounding area and its population. | ||||||
10 | The report shall include the Illinois Gaming Board's findings | ||||||
11 | together with appropriate recommendations for legislative | ||||||
12 | action. | ||||||
13 | Section 90-40. The Riverboat Gambling Act is amended by | ||||||
14 | changing Sections 1, 2, 3, 4, 5, 5.1, 6, 7, 7.3, 7.5, 8, 9, 11, | ||||||
15 | 11.1, 12, 13, 14, 15, 16, 17, 17.1, 18, 18.1, 19, 20, 21, 23, | ||||||
16 | and 24 and by adding Sections 5.3, 7.7, 7.8, 7.9, 7.10, 7.11, | ||||||
17 | 7.12, 7.13, and 18.2 as follows:
| ||||||
18 | (230 ILCS 10/1) (from Ch. 120, par. 2401)
| ||||||
19 | Sec. 1. Short title. This Act shall be known and may be | ||||||
20 | cited as the
Illinois Riverboat Gambling Act.
| ||||||
21 | (Source: P.A. 86-1029.)
| ||||||
22 | (230 ILCS 10/2) (from Ch. 120, par. 2402)
| ||||||
23 | Sec. 2. Legislative Intent.
|
| |||||||
| |||||||
1 | (a) This Act is intended to benefit the
people of the State | ||||||
2 | of Illinois
by assisting economic development , and promoting | ||||||
3 | Illinois tourism ,
and by increasing the amount of revenues | ||||||
4 | available to the State to assist and
support education , and to | ||||||
5 | defray State expenses, including unpaid bills .
| ||||||
6 | (b) While authorization of riverboat and casino gambling | ||||||
7 | will enhance investment,
beautification, development and | ||||||
8 | tourism in Illinois, it is recognized that it will do so
| ||||||
9 | successfully only if public confidence and trust in the | ||||||
10 | credibility and
integrity of the gambling operations and the | ||||||
11 | regulatory process is
maintained. Therefore, regulatory | ||||||
12 | provisions of this Act are designed to
strictly regulate the | ||||||
13 | facilities, persons, associations and practices
related to | ||||||
14 | gambling operations pursuant to the police powers of the State,
| ||||||
15 | including comprehensive law enforcement supervision.
| ||||||
16 | (c) The Illinois Gaming Board established under this Act | ||||||
17 | should, as soon
as possible, inform each applicant for an | ||||||
18 | owners license of the Board's
intent to grant or deny a | ||||||
19 | license.
| ||||||
20 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
21 | (230 ILCS 10/3) (from Ch. 120, par. 2403)
| ||||||
22 | Sec. 3. Riverboat Gambling Authorized.
| ||||||
23 | (a) Riverboat and casino gambling
operations and | ||||||
24 | electronic gaming operations and the system of wagering
| ||||||
25 | incorporated therein , as defined in this Act, are hereby |
| |||||||
| |||||||
1 | authorized to the
extent that they are carried out in | ||||||
2 | accordance with the provisions of this
Act.
| ||||||
3 | (b) This Act does not apply to the pari-mutuel system of | ||||||
4 | wagering used
or intended to be used in connection with the | ||||||
5 | horse-race meetings as
authorized under the Illinois Horse | ||||||
6 | Racing Act of 1975, lottery games
authorized under the Illinois | ||||||
7 | Lottery Law, bingo authorized under the Bingo
License and Tax | ||||||
8 | Act, charitable games authorized under the Charitable Games
Act | ||||||
9 | or pull tabs and jar games conducted under the Illinois Pull | ||||||
10 | Tabs and Jar
Games Act. This Act applies to electronic gaming | ||||||
11 | authorized under the Illinois Horse Racing Act of 1975 to the | ||||||
12 | extent provided in that Act and in this Act.
| ||||||
13 | (c) Riverboat gambling conducted pursuant to this Act may | ||||||
14 | be authorized
upon any water within the State of Illinois or | ||||||
15 | any
water other than Lake Michigan which constitutes a boundary | ||||||
16 | of the State
of Illinois.
Notwithstanding any provision in this | ||||||
17 | subsection (c) to the contrary, a
licensee that receives its | ||||||
18 | license pursuant to subsection (e-5) of Section 7
may
conduct | ||||||
19 | riverboat gambling on Lake Michigan from a home dock located on | ||||||
20 | Lake
Michigan subject to any limitations contained in Section | ||||||
21 | 7. Notwithstanding any provision in this subsection (c) to the | ||||||
22 | contrary, a licensee may conduct gambling at its home dock | ||||||
23 | facility as provided in Sections 7 and 11. A licensee may | ||||||
24 | conduct riverboat gambling authorized under this Act
| ||||||
25 | regardless of whether it conducts excursion cruises. A licensee | ||||||
26 | may permit
the continuous ingress and egress of passengers for |
| |||||||
| |||||||
1 | the purpose of
gambling.
| ||||||
2 | (d) Gambling that is conducted in accordance with this Act | ||||||
3 | using slot machines and video games of chance and other | ||||||
4 | electronic gambling games as defined in both this Act and the | ||||||
5 | Illinois Horse Racing Act of 1975 is authorized. | ||||||
6 | (Source: P.A. 91-40, eff. 6-25-99.)
| ||||||
7 | (230 ILCS 10/4) (from Ch. 120, par. 2404)
| ||||||
8 | Sec. 4. Definitions. As used in this Act:
| ||||||
9 | (a) "Board" means the Illinois Gaming Board.
| ||||||
10 | (b) "Occupational license" means a license issued by the | ||||||
11 | Board to a
person or entity to perform an occupation which the | ||||||
12 | Board has identified as
requiring a license to engage in | ||||||
13 | riverboat gambling , casino gambling, or electronic gaming in | ||||||
14 | Illinois.
| ||||||
15 | (c) "Gambling game" includes, but is not limited to, | ||||||
16 | baccarat,
twenty-one, poker, craps, slot machine, video game of | ||||||
17 | chance, roulette
wheel, klondike table, punchboard, faro | ||||||
18 | layout, keno layout, numbers
ticket, push card, jar ticket, or | ||||||
19 | pull tab which is authorized by the Board
as a wagering device | ||||||
20 | under this Act.
| ||||||
21 | (d) "Riverboat" means a self-propelled excursion boat, a
| ||||||
22 | permanently moored barge, or permanently moored barges that are | ||||||
23 | permanently
fixed together to operate as one vessel, on which | ||||||
24 | lawful gambling is
authorized and licensed as
provided in this | ||||||
25 | Act.
|
| |||||||
| |||||||
1 | "Slot machine" means any mechanical, electrical, or other | ||||||
2 | device, contrivance, or machine that is authorized by the Board | ||||||
3 | as a wagering device under this Act which, upon insertion of a | ||||||
4 | coin, currency, token, or similar object therein, or upon | ||||||
5 | payment of any consideration whatsoever, is available to play | ||||||
6 | or operate, the play or operation of which may deliver or | ||||||
7 | entitle the person playing or operating the machine to receive | ||||||
8 | cash, premiums, merchandise, tokens, or anything of value | ||||||
9 | whatsoever, whether the payoff is made automatically from the | ||||||
10 | machine or in any other manner whatsoever. A slot machine: | ||||||
11 | (1) may utilize spinning reels or video displays or | ||||||
12 | both; | ||||||
13 | (2) may or may not dispense coins, tickets, or tokens | ||||||
14 | to winning patrons; | ||||||
15 | (3) may use an electronic credit system for receiving | ||||||
16 | wagers and making payouts; and | ||||||
17 | (4) may simulate a table game. | ||||||
18 | "Slot machine" does not include table games authorized by | ||||||
19 | the Board as a wagering device under this Act. | ||||||
20 | (e) "Managers license" means a license issued by the Board | ||||||
21 | to a person or
entity
to manage gambling operations conducted | ||||||
22 | by the State pursuant to Section 7.3.
| ||||||
23 | (f) "Dock" means the location where a riverboat moors for | ||||||
24 | the purpose of
embarking passengers for and disembarking | ||||||
25 | passengers from the riverboat.
| ||||||
26 | (g) "Gross receipts" means the total amount of money |
| |||||||
| |||||||
1 | exchanged for the
purchase of chips, tokens , or electronic | ||||||
2 | cards by riverboat patrons.
| ||||||
3 | (h) "Adjusted gross receipts" means the gross receipts less
| ||||||
4 | winnings paid to wagerers.
| ||||||
5 | (i) "Cheat" means to alter the selection of criteria which | ||||||
6 | determine the
result of a gambling game or the amount or | ||||||
7 | frequency of payment in a gambling
game.
| ||||||
8 | (j) (Blank).
| ||||||
9 | (k) "Gambling operation" means the conduct of authorized | ||||||
10 | gambling games authorized under this Act
upon a riverboat or in | ||||||
11 | a casino or authorized under this Act and the Illinois Horse | ||||||
12 | Racing Act of 1975 at an electronic gaming facility .
| ||||||
13 | (l) "License bid" means the lump sum amount of money that | ||||||
14 | an applicant
bids and agrees to pay the State in return for an | ||||||
15 | owners license that is issued or
re-issued on or after July 1, | ||||||
16 | 2003.
| ||||||
17 | "Table game" means a live gaming apparatus upon which | ||||||
18 | gaming is conducted or that determines an outcome that is the | ||||||
19 | object of a wager, including, but not limited to, baccarat, | ||||||
20 | twenty-one, blackjack, poker, craps, roulette wheel, klondike | ||||||
21 | table, punchboard, faro layout, keno layout, numbers ticket, | ||||||
22 | push card, jar ticket, pull tab, or other similar games that | ||||||
23 | are authorized by the Board as a wagering device under this | ||||||
24 | Act. "Table game" does not include slot machines or video games | ||||||
25 | of chance. | ||||||
26 | (m) The terms "minority person", "female", and "person with |
| |||||||
| |||||||
1 | a disability" shall have the same meaning
as
defined in
Section | ||||||
2 | 2 of the Business Enterprise for Minorities, Females, and | ||||||
3 | Persons with
Disabilities Act.
| ||||||
4 | "Authority" means the Chicago Casino Development | ||||||
5 | Authority. | ||||||
6 | "Casino" means a facility at which lawful gambling is | ||||||
7 | authorized as provided in this Act. | ||||||
8 | "Owners license" means a license to conduct riverboat or | ||||||
9 | casino gambling operations, but does not include an electronic | ||||||
10 | gaming license. | ||||||
11 | "Licensed owner" means a person who holds an owners | ||||||
12 | license. | ||||||
13 | "Electronic gaming" means slot machine gambling, video | ||||||
14 | game of chance gambling, or gambling with electronic gambling | ||||||
15 | games as defined in this Act or defined by the Board that is | ||||||
16 | conducted at a race track pursuant to an electronic gaming | ||||||
17 | license. | ||||||
18 | "Electronic gaming facility" means the area where the Board | ||||||
19 | has authorized electronic gaming at a race track of an | ||||||
20 | organization licensee under the Illinois Horse Racing Act of
| ||||||
21 | 1975 that holds an electronic gaming license. | ||||||
22 | "Electronic gaming license" means a license issued by the | ||||||
23 | Board under Section 7.7 of this Act authorizing electronic | ||||||
24 | gaming at an electronic gaming facility. | ||||||
25 | "Electronic gaming licensee" means an entity that holds an | ||||||
26 | electronic gaming license. |
| |||||||
| |||||||
1 | "Organization licensee" means an entity authorized by the | ||||||
2 | Illinois Racing Board to conduct pari-mutuel wagering in | ||||||
3 | accordance with the Illinois Horse Racing Act of 1975. With | ||||||
4 | respect only to electronic gaming, "organization licensee" | ||||||
5 | includes the authorization for electronic gaming created under | ||||||
6 | subsection (a) of Section 56 of the Illinois Horse Racing Act | ||||||
7 | of 1975. | ||||||
8 | "Casino operator license" means the license held by the | ||||||
9 | person or entity selected by the Authority to manage and | ||||||
10 | operate a riverboat or casino within the geographic area of the | ||||||
11 | authorized municipality pursuant to this Act and the Chicago | ||||||
12 | Casino Development Authority Act. | ||||||
13 | (Source: P.A. 95-331, eff. 8-21-07; 96-1392, eff. 1-1-11.)
| ||||||
14 | (230 ILCS 10/5) (from Ch. 120, par. 2405)
| ||||||
15 | Sec. 5. Gaming Board.
| ||||||
16 | (a) (1) There is hereby established the
Illinois Gaming | ||||||
17 | Board, which shall have the powers and duties specified in
this | ||||||
18 | Act and in the Chicago Casino Development Authority Act , and | ||||||
19 | all other powers necessary and proper to fully and
effectively | ||||||
20 | execute this Act for the purpose of administering, regulating,
| ||||||
21 | and enforcing the system of riverboat and casino gambling and | ||||||
22 | electronic gaming established by this Act and by the Chicago | ||||||
23 | Casino Development Authority Act . Its
jurisdiction shall | ||||||
24 | extend under this Act and the Chicago Casino Development | ||||||
25 | Authority Act to every person, association,
corporation, |
| |||||||
| |||||||
1 | partnership and trust involved in riverboat and casino gambling
| ||||||
2 | operations and electronic gaming in the State of Illinois.
| ||||||
3 | (2) The Board shall consist of 5 members to be appointed by | ||||||
4 | the Governor
with the advice and consent of the Senate, one of | ||||||
5 | whom shall be designated
by the Governor to be chairperson | ||||||
6 | chairman . Each member shall have a reasonable
knowledge of the | ||||||
7 | practice, procedure and principles of gambling operations.
| ||||||
8 | Each member shall either be a resident of Illinois or shall | ||||||
9 | certify that he or she
will become a resident of Illinois | ||||||
10 | before taking office. | ||||||
11 | On and after the effective date of this amendatory Act of | ||||||
12 | the 100th General Assembly, new appointees to the Board must | ||||||
13 | include the following: | ||||||
14 | (A) One member who has received, at a minimum, a | ||||||
15 | bachelor's degree from an accredited school and at least 10 | ||||||
16 | years of verifiable training and experience in the fields | ||||||
17 | of investigation and law enforcement. | ||||||
18 | (B) One member who is a certified public accountant | ||||||
19 | with experience in auditing and with knowledge of complex | ||||||
20 | corporate structures and transactions. | ||||||
21 | (C) One member who has 5 years' experience as a | ||||||
22 | principal, senior officer, or director of a company or | ||||||
23 | business with either material responsibility for the daily | ||||||
24 | operations and management of the overall company or | ||||||
25 | business or material responsibility for the policy making | ||||||
26 | of the company or business. |
| |||||||
| |||||||
1 | (D) One member who is a lawyer licensed to practice law | ||||||
2 | in Illinois. | ||||||
3 | Notwithstanding any provision of this subsection (a), the | ||||||
4 | requirements of subparagraphs (A) through (D) of this paragraph | ||||||
5 | (2) shall not apply to any person reappointed pursuant to | ||||||
6 | paragraph (3). | ||||||
7 | No more than 3 members of the Board may be from the same | ||||||
8 | political party. The Board should reflect the ethnic, cultural, | ||||||
9 | and geographic diversity of the State. No Board member shall, | ||||||
10 | within a period of one year immediately preceding nomination, | ||||||
11 | have been employed or received compensation or fees for | ||||||
12 | services from a person or entity, or its parent or affiliate, | ||||||
13 | that has engaged in business with the Board, a licensee, or a | ||||||
14 | licensee under the Illinois Horse Racing Act of 1975. Board | ||||||
15 | members must publicly disclose all prior affiliations with | ||||||
16 | gaming interests, including any compensation, fees, bonuses, | ||||||
17 | salaries, and other reimbursement received from a person or | ||||||
18 | entity, or its parent or affiliate, that has engaged in | ||||||
19 | business with the Board, a licensee, or a licensee under the | ||||||
20 | Illinois Horse Racing Act of 1975. This disclosure must be made | ||||||
21 | within 30 days after nomination but prior to confirmation by | ||||||
22 | the Senate and must be made available to the members of the | ||||||
23 | Senate. At least one member
shall be experienced in law | ||||||
24 | enforcement and criminal investigation, at
least one member | ||||||
25 | shall be a certified public accountant experienced in
| ||||||
26 | accounting and auditing, and at least one member shall be a |
| |||||||
| |||||||
1 | lawyer licensed
to practice law in Illinois.
| ||||||
2 | (3) The terms of office of the Board members shall be 3 | ||||||
3 | years, except
that the terms of office of the initial Board | ||||||
4 | members appointed pursuant to
this Act will commence from the | ||||||
5 | effective date of this Act and run as
follows: one for a term | ||||||
6 | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | ||||||
7 | a term ending July 1, 1993. Upon the expiration of the
| ||||||
8 | foregoing terms, the successors of such members shall serve a | ||||||
9 | term for 3
years and until their successors are appointed and | ||||||
10 | qualified for like terms.
Vacancies in the Board shall be | ||||||
11 | filled for the unexpired term in like
manner as original | ||||||
12 | appointments. Each member of the Board shall be
eligible for | ||||||
13 | reappointment at the discretion of the Governor with the
advice | ||||||
14 | and consent of the Senate.
| ||||||
15 | (4) Each member of the Board shall receive $300 for each | ||||||
16 | day the
Board meets and for each day the member conducts any | ||||||
17 | hearing pursuant to
this Act. Each member of the Board shall | ||||||
18 | also be reimbursed for all actual
and necessary expenses and | ||||||
19 | disbursements incurred in the execution of official
duties.
| ||||||
20 | (5) No person shall be appointed a member of the Board or | ||||||
21 | continue to be
a member of the Board who is, or whose spouse, | ||||||
22 | child or parent is, a member
of the board of directors of, or a | ||||||
23 | person financially interested in, any
gambling operation | ||||||
24 | subject to the jurisdiction of this Board, or any race
track, | ||||||
25 | race meeting, racing association or the operations thereof | ||||||
26 | subject
to the jurisdiction of the Illinois Racing Board. No |
| |||||||
| |||||||
1 | Board member shall
hold any other public office. No person | ||||||
2 | shall be a
member of the Board who is not of good moral | ||||||
3 | character or who has been
convicted of, or is under indictment | ||||||
4 | for, a felony under the laws of
Illinois or any other state, or | ||||||
5 | the United States.
| ||||||
6 | (5.5) No member of the Board shall engage in any political | ||||||
7 | activity. For the purposes of this Section, "political" means | ||||||
8 | any activity in support
of or in connection with any campaign | ||||||
9 | for federal, State, or local elective office or any political
| ||||||
10 | organization, but does not include activities (i) relating to | ||||||
11 | the support or
opposition of any executive, legislative, or | ||||||
12 | administrative action (as those
terms are defined in Section 2 | ||||||
13 | of the Lobbyist Registration Act), (ii) relating
to collective | ||||||
14 | bargaining, or (iii) that are
otherwise
in furtherance of the | ||||||
15 | person's official
State duties or governmental and public | ||||||
16 | service functions.
| ||||||
17 | (6) Any member of the Board may be removed by the Governor | ||||||
18 | for neglect
of duty, misfeasance, malfeasance, or nonfeasance | ||||||
19 | in office or for engaging in any political activity.
| ||||||
20 | (7) Before entering upon the discharge of the duties of his | ||||||
21 | office, each
member of the Board shall take an oath that he | ||||||
22 | will faithfully execute the
duties of his office according to | ||||||
23 | the laws of the State and the rules and
regulations adopted | ||||||
24 | therewith and shall give bond to the State of Illinois,
| ||||||
25 | approved by the Governor, in the sum of $25,000. Every such | ||||||
26 | bond, when
duly executed and approved, shall be recorded in the |
| |||||||
| |||||||
1 | office of the
Secretary of State. Whenever the Governor | ||||||
2 | determines that the bond of any
member of the Board has become | ||||||
3 | or is likely to become invalid or
insufficient, he shall | ||||||
4 | require such member forthwith to renew his bond,
which is to be | ||||||
5 | approved by the Governor. Any member of the Board who fails
to | ||||||
6 | take oath and give bond within 30 days from the date of his | ||||||
7 | appointment,
or who fails to renew his bond within 30 days | ||||||
8 | after it is demanded by the
Governor, shall be guilty of | ||||||
9 | neglect of duty and may be removed by the
Governor. The cost of | ||||||
10 | any bond given by any member of the Board under this
Section | ||||||
11 | shall be taken to be a part of the necessary expenses of the | ||||||
12 | Board.
| ||||||
13 | (7.5) For the examination of all mechanical, | ||||||
14 | electromechanical, or electronic table games, slot machines, | ||||||
15 | slot accounting systems, and other electronic gaming equipment | ||||||
16 | for compliance with this Act, the Board may utilize the | ||||||
17 | services of one or more independent outside testing | ||||||
18 | laboratories that have been accredited by a national | ||||||
19 | accreditation body and that, in the judgment of the Board, are | ||||||
20 | qualified to perform such examinations. | ||||||
21 | (8) The Board shall employ such
personnel as may be | ||||||
22 | necessary to carry out its functions and shall determine the | ||||||
23 | salaries of all personnel, except those personnel whose | ||||||
24 | salaries are determined under the terms of a collective | ||||||
25 | bargaining agreement. No
person shall be employed to serve the | ||||||
26 | Board who is, or whose spouse, parent
or child is, an official |
| |||||||
| |||||||
1 | of, or has a financial interest in or financial
relation with, | ||||||
2 | any operator engaged in gambling operations within this
State | ||||||
3 | or any organization engaged in conducting horse racing within | ||||||
4 | this
State. For the one year immediately preceding employment, | ||||||
5 | an employee shall not have been employed or received | ||||||
6 | compensation or fees for services from a person or entity, or | ||||||
7 | its parent or affiliate, that has engaged in business with the | ||||||
8 | Board, a licensee, or a licensee under the Illinois Horse | ||||||
9 | Racing Act of 1975. Any employee violating these prohibitions | ||||||
10 | shall be subject to
termination of employment. In addition, all | ||||||
11 | Board members and employees are subject to the restrictions set | ||||||
12 | forth in Section 5-45 of the State Officials and Employees | ||||||
13 | Ethics Act.
| ||||||
14 | (9) An Administrator shall perform any and all duties that | ||||||
15 | the Board
shall assign him. The salary of the Administrator | ||||||
16 | shall be determined by
the Board and, in addition,
he shall be | ||||||
17 | reimbursed for all actual and necessary expenses incurred by
| ||||||
18 | him in discharge of his official duties. The Administrator | ||||||
19 | shall keep
records of all proceedings of the Board and shall | ||||||
20 | preserve all records,
books, documents and other papers | ||||||
21 | belonging to the Board or entrusted to
its care. The | ||||||
22 | Administrator shall devote his full time to the duties of
the | ||||||
23 | office and shall not hold any other office or employment.
| ||||||
24 | (b) The Board shall have general responsibility for the | ||||||
25 | implementation
of this Act. Its duties include, without | ||||||
26 | limitation, the following:
|
| |||||||
| |||||||
1 | (1) To decide promptly and in reasonable order all | ||||||
2 | license applications.
Any party aggrieved by an action of | ||||||
3 | the Board denying, suspending,
revoking, restricting or | ||||||
4 | refusing to renew a license may request a hearing
before | ||||||
5 | the Board. A request for a hearing must be made to the | ||||||
6 | Board in
writing within 5 days after service of notice of | ||||||
7 | the action of the Board.
Notice of the action of the Board | ||||||
8 | shall be served either by personal
delivery or by certified | ||||||
9 | mail, postage prepaid, to the aggrieved party.
Notice | ||||||
10 | served by certified mail shall be deemed complete on the | ||||||
11 | business
day following the date of such mailing. The Board | ||||||
12 | shall conduct all
requested hearings promptly and in | ||||||
13 | reasonable order;
| ||||||
14 | (2) To conduct all hearings pertaining to civil | ||||||
15 | violations of this Act
or rules and regulations promulgated | ||||||
16 | hereunder;
| ||||||
17 | (3) To promulgate such rules and regulations as in its | ||||||
18 | judgment may be
necessary to protect or enhance the | ||||||
19 | credibility and integrity of gambling
operations | ||||||
20 | authorized by this Act and the regulatory process | ||||||
21 | hereunder;
| ||||||
22 | (4) To provide for the establishment and collection of | ||||||
23 | all license and
registration fees and taxes imposed by this | ||||||
24 | Act and the rules and
regulations issued pursuant hereto. | ||||||
25 | All such fees and taxes shall be
deposited into the State | ||||||
26 | Gaming Fund;
|
| |||||||
| |||||||
1 | (5) To provide for the levy and collection of penalties | ||||||
2 | and fines for the
violation of provisions of this Act and | ||||||
3 | the rules and regulations
promulgated hereunder. All such | ||||||
4 | fines and penalties shall be deposited
into the Education | ||||||
5 | Assistance Fund, created by Public Act 86-0018, of the
| ||||||
6 | State of Illinois;
| ||||||
7 | (6) To be present through its inspectors and agents any | ||||||
8 | time gambling
operations are conducted on any riverboat , in | ||||||
9 | any casino, or at any electronic gaming
facility for the | ||||||
10 | purpose of certifying the
revenue thereof, receiving | ||||||
11 | complaints from the public, and conducting such
other | ||||||
12 | investigations into the conduct of the gambling games and | ||||||
13 | the
maintenance of the equipment as from time to time the | ||||||
14 | Board may deem
necessary and proper;
| ||||||
15 | (7) To review and rule upon any complaint by a licensee
| ||||||
16 | regarding any investigative procedures of the State which | ||||||
17 | are unnecessarily
disruptive of gambling operations. The | ||||||
18 | need to inspect and investigate
shall be presumed at all | ||||||
19 | times. The disruption of a licensee's operations
shall be | ||||||
20 | proved by clear and convincing evidence, and establish | ||||||
21 | that: (A)
the procedures had no reasonable law enforcement | ||||||
22 | purposes, and (B) the
procedures were so disruptive as to | ||||||
23 | unreasonably inhibit gambling operations;
| ||||||
24 | (8) To hold at least one meeting each quarter of the | ||||||
25 | fiscal
year. In addition, special meetings may be called by | ||||||
26 | the Chairman or any 2
Board members upon 72 hours written |
| |||||||
| |||||||
1 | notice to each member. All Board
meetings shall be subject | ||||||
2 | to the Open Meetings Act. Three members of the
Board shall | ||||||
3 | constitute a quorum, and 3 votes shall be required for any
| ||||||
4 | final determination by the Board. The Board shall keep a | ||||||
5 | complete and
accurate record of all its meetings. A | ||||||
6 | majority of the members of the Board
shall constitute a | ||||||
7 | quorum for the transaction of any business, for the
| ||||||
8 | performance of any duty, or for the exercise of any power | ||||||
9 | which this Act
requires the Board members to transact, | ||||||
10 | perform or exercise en banc, except
that, upon order of the | ||||||
11 | Board, one of the Board members or an
administrative law | ||||||
12 | judge designated by the Board may conduct any hearing
| ||||||
13 | provided for under this Act or by Board rule and may | ||||||
14 | recommend findings and
decisions to the Board. The Board | ||||||
15 | member or administrative law judge
conducting such hearing | ||||||
16 | shall have all powers and rights granted to the
Board in | ||||||
17 | this Act. The record made at the time of the hearing shall | ||||||
18 | be
reviewed by the Board, or a majority thereof, and the | ||||||
19 | findings and decision
of the majority of the Board shall | ||||||
20 | constitute the order of the Board in
such case;
| ||||||
21 | (9) To maintain records which are separate and distinct | ||||||
22 | from the records
of any other State board or commission. | ||||||
23 | Such records shall be available
for public inspection and | ||||||
24 | shall accurately reflect all Board proceedings;
| ||||||
25 | (10) To file a written annual report with the Governor | ||||||
26 | on or before
March 1 each year and such additional reports |
| |||||||
| |||||||
1 | as the Governor may request.
The annual report shall | ||||||
2 | include a statement of receipts and disbursements
by the | ||||||
3 | Board, actions taken by the Board, and any additional | ||||||
4 | information
and recommendations which the Board may deem | ||||||
5 | valuable or which the Governor
may request;
| ||||||
6 | (11) (Blank);
| ||||||
7 | (12) (Blank);
| ||||||
8 | (13) To assume responsibility for administration and | ||||||
9 | enforcement of the
Video Gaming Act; and | ||||||
10 | (13.1) To assume responsibility for the administration | ||||||
11 | and enforcement
of operations at electronic gaming | ||||||
12 | facilities pursuant to this Act and the
Illinois Horse | ||||||
13 | Racing Act of 1975; | ||||||
14 | (13.2) To assume responsibility for the administration | ||||||
15 | and enforcement of gambling operations at the Chicago | ||||||
16 | Casino Development Authority's casino pursuant to this Act | ||||||
17 | and the Chicago Casino Development Authority Act; and | ||||||
18 | (14) To adopt, by rule, a code of conduct governing | ||||||
19 | Board members and employees that ensure, to the maximum | ||||||
20 | extent possible, that persons subject to this Code avoid | ||||||
21 | situations, relationships, or associations that may | ||||||
22 | represent or lead to a conflict of interest.
| ||||||
23 | Internal controls and changes submitted by licensees must | ||||||
24 | be reviewed and either approved or denied with cause within 90 | ||||||
25 | days after receipt of submission is deemed final by the | ||||||
26 | Illinois Gaming Board. In the event an internal control |
| |||||||
| |||||||
1 | submission or change does not meet the standards set by the | ||||||
2 | Board, staff of the Board must provide technical assistance to | ||||||
3 | the licensee to rectify such deficiencies within 90 days after | ||||||
4 | the initial submission and the revised submission must be | ||||||
5 | reviewed and approved or denied with cause within 90 days after | ||||||
6 | the date the revised submission is deemed final by the Board. | ||||||
7 | For the purposes of this paragraph, "with cause" means that the | ||||||
8 | approval of the submission would jeopardize the integrity of | ||||||
9 | gaming. In the event the Board staff has not acted within the | ||||||
10 | timeframe, the submission shall be deemed approved. | ||||||
11 | (c) The Board shall have jurisdiction over and shall | ||||||
12 | supervise all
gambling operations governed by this Act and the | ||||||
13 | Chicago Casino Development Authority Act . The Board shall have | ||||||
14 | all powers
necessary and proper to fully and effectively | ||||||
15 | execute the provisions of
this Act and the Chicago Casino | ||||||
16 | Development Authority Act , including, but not limited to, the | ||||||
17 | following:
| ||||||
18 | (1) To investigate applicants and determine the | ||||||
19 | eligibility of
applicants for licenses and to select among | ||||||
20 | competing applicants the
applicants which best serve the | ||||||
21 | interests of the citizens of Illinois.
| ||||||
22 | (2) To have jurisdiction and supervision over all | ||||||
23 | riverboat gambling
operations authorized under this Act | ||||||
24 | and the Chicago Casino Development Authority Act in this | ||||||
25 | State and all persons in places on riverboats where | ||||||
26 | gambling
operations are conducted.
|
| |||||||
| |||||||
1 | (3) To promulgate rules and regulations for the purpose | ||||||
2 | of administering
the provisions of this Act and the Chicago | ||||||
3 | Casino Development Authority Act and to prescribe rules, | ||||||
4 | regulations and
conditions under which all riverboat | ||||||
5 | gambling operations subject to this
Act and the Chicago | ||||||
6 | Casino Development Authority Act in the State shall be
| ||||||
7 | conducted. Such rules and regulations are to provide for | ||||||
8 | the prevention of
practices detrimental to the public | ||||||
9 | interest and for the best interests of
riverboat gambling, | ||||||
10 | including rules and regulations regarding the
inspection | ||||||
11 | of electronic gaming facilities, casinos, and such | ||||||
12 | riverboats , and the review of any permits or licenses
| ||||||
13 | necessary to operate a riverboat , casino, or electronic | ||||||
14 | gaming facilities under any laws or regulations applicable
| ||||||
15 | to riverboats, casinos, or electronic gaming facilities | ||||||
16 | and to impose penalties for violations thereof.
| ||||||
17 | (4) To enter the office, riverboats, casinos, | ||||||
18 | electronic gaming facilities, and
other facilities, or | ||||||
19 | other
places of business of a licensee, where evidence of | ||||||
20 | the compliance or
noncompliance with the provisions of this | ||||||
21 | Act and the Chicago Casino Development Authority Act is | ||||||
22 | likely to be found.
| ||||||
23 | (5) To investigate alleged violations of this Act , the | ||||||
24 | Chicago Casino Development Authority Act, or the
rules of | ||||||
25 | the Board and to take appropriate disciplinary
action | ||||||
26 | against a licensee or a holder of an occupational license |
| |||||||
| |||||||
1 | for a
violation, or institute appropriate legal action for | ||||||
2 | enforcement, or both.
| ||||||
3 | (6) To adopt standards for the licensing of all persons | ||||||
4 | and entities under this Act and the Chicago Casino | ||||||
5 | Development Authority Act ,
as well as for electronic or | ||||||
6 | mechanical gambling games, and to establish
fees for such | ||||||
7 | licenses.
| ||||||
8 | (7) To adopt appropriate standards for all electronic | ||||||
9 | gaming facilities, riverboats , casinos,
and other | ||||||
10 | facilities authorized under this Act and the Chicago Casino | ||||||
11 | Development Authority Act .
| ||||||
12 | (8) To require that the records, including financial or | ||||||
13 | other statements
of any licensee under this Act and the | ||||||
14 | Chicago Casino Development Authority Act , shall be kept in | ||||||
15 | such manner as prescribed
by the Board and that any such | ||||||
16 | licensee involved in the ownership or
management of | ||||||
17 | gambling operations submit to the Board an annual balance
| ||||||
18 | sheet and profit and loss statement, list of the | ||||||
19 | stockholders or other
persons having a 1% or greater | ||||||
20 | beneficial interest in the gambling
activities of each | ||||||
21 | licensee, and any other information the Board deems
| ||||||
22 | necessary in order to effectively administer this Act and | ||||||
23 | the Chicago Casino Development Authority Act and all rules,
| ||||||
24 | regulations, orders and final decisions promulgated under | ||||||
25 | this Act and the Chicago Casino Development Authority Act .
| ||||||
26 | (9) To conduct hearings, issue subpoenas for the |
| |||||||
| |||||||
1 | attendance of
witnesses and subpoenas duces tecum for the | ||||||
2 | production of books, records
and other pertinent documents | ||||||
3 | in accordance with the Illinois
Administrative Procedure | ||||||
4 | Act, and to administer oaths and affirmations to
the | ||||||
5 | witnesses, when, in the judgment of the Board, it is | ||||||
6 | necessary to
administer or enforce this Act , the Chicago | ||||||
7 | Casino Development Authority Act, or the Board rules.
| ||||||
8 | (10) To prescribe a form to be used by any licensee | ||||||
9 | involved in the
ownership or management of gambling | ||||||
10 | operations as an
application for employment for their | ||||||
11 | employees.
| ||||||
12 | (11) To revoke or suspend licenses, other than the | ||||||
13 | license issued to the Chicago Casino Development | ||||||
14 | Authority, as the Board may see fit and in
compliance with | ||||||
15 | applicable laws of the State regarding administrative
| ||||||
16 | procedures, and to review applications for the renewal of | ||||||
17 | licenses. The
Board may suspend an owners license (other | ||||||
18 | than the license issued to the Chicago Casino Development | ||||||
19 | Authority), electronic gaming license, or casino operator | ||||||
20 | license , without notice or hearing upon a
determination | ||||||
21 | that the safety or health of patrons or employees is
| ||||||
22 | jeopardized by continuing a gambling operation conducted | ||||||
23 | under that license riverboat's operation . The suspension | ||||||
24 | may
remain in effect until the Board determines that the | ||||||
25 | cause for suspension
has been abated. The Board may revoke | ||||||
26 | an the owners license (other than the license issued to the |
| |||||||
| |||||||
1 | Chicago Casino Development Authority), electronic
gaming
| ||||||
2 | license, or casino operator license upon a
determination | ||||||
3 | that the licensee owner has not made satisfactory progress | ||||||
4 | toward
abating the hazard.
| ||||||
5 | (12) To eject or exclude or authorize the ejection or | ||||||
6 | exclusion of, any
person from riverboat gambling | ||||||
7 | facilities where that such person is in violation
of this | ||||||
8 | Act or the Chicago Casino Development Authority Act , rules | ||||||
9 | and regulations thereunder, or final orders of the
Board, | ||||||
10 | or where such person's conduct or reputation is such that | ||||||
11 | his or her
presence within the riverboat gambling | ||||||
12 | facilities may, in the opinion of
the Board, call into | ||||||
13 | question the honesty and integrity of the gambling
| ||||||
14 | operations or interfere with the orderly conduct thereof; | ||||||
15 | provided that the
propriety of such ejection or exclusion | ||||||
16 | is subject to subsequent hearing
by the Board.
| ||||||
17 | (13) To require all licensees of gambling operations to | ||||||
18 | utilize a
cashless wagering system whereby all players' | ||||||
19 | money is converted to tokens,
electronic cards, or chips | ||||||
20 | which shall be used only for wagering in the
gambling | ||||||
21 | establishment.
| ||||||
22 | (14) (Blank).
| ||||||
23 | (15) To suspend, revoke or restrict licenses, other | ||||||
24 | than the license issued to the Chicago Casino Development | ||||||
25 | Authority, to require the
removal of a licensee or an | ||||||
26 | employee of a licensee for a violation of this
Act , the |
| |||||||
| |||||||
1 | Chicago Casino Development Authority Act, or a Board rule | ||||||
2 | or for engaging in a fraudulent practice, and to
impose | ||||||
3 | civil penalties of up to $5,000 against individuals and up | ||||||
4 | to
$10,000 or an amount equal to the daily gross receipts, | ||||||
5 | whichever is
larger, against licensees for each violation | ||||||
6 | of any provision of the Act, the Chicago Casino Development | ||||||
7 | Authority Act,
any rules adopted by the Board, any order of | ||||||
8 | the Board or any other action
which, in the Board's | ||||||
9 | discretion, is a detriment or impediment to riverboat
| ||||||
10 | gambling operations.
| ||||||
11 | (16) To hire employees to gather information, conduct | ||||||
12 | investigations
and carry out any other tasks contemplated | ||||||
13 | under this Act or the Chicago Casino Development Authority | ||||||
14 | Act .
| ||||||
15 | (17) To establish minimum levels of insurance to be | ||||||
16 | maintained by
licensees.
| ||||||
17 | (18) To authorize a licensee to sell or serve alcoholic | ||||||
18 | liquors, wine or
beer as defined in the Liquor Control Act | ||||||
19 | of 1934 on board a riverboat or in a casino
and to have | ||||||
20 | exclusive authority to establish the hours for sale and
| ||||||
21 | consumption of alcoholic liquor on board a riverboat or in | ||||||
22 | a casino , notwithstanding any
provision of the Liquor | ||||||
23 | Control Act of 1934 or any local ordinance, and
regardless | ||||||
24 | of whether the riverboat makes excursions. The
| ||||||
25 | establishment of the hours for sale and consumption of | ||||||
26 | alcoholic liquor on
board a riverboat or in a casino is an |
| |||||||
| |||||||
1 | exclusive power and function of the State. A home
rule unit | ||||||
2 | may not establish the hours for sale and consumption of | ||||||
3 | alcoholic
liquor on board a riverboat or in a casino . This | ||||||
4 | subdivision (18) amendatory Act of 1991 is a denial and
| ||||||
5 | limitation of home rule powers and functions under | ||||||
6 | subsection (h) of
Section 6 of Article VII of the Illinois | ||||||
7 | Constitution.
| ||||||
8 | (19) After consultation with the U.S. Army Corps of | ||||||
9 | Engineers, to
establish binding emergency orders upon the | ||||||
10 | concurrence of a majority of
the members of the Board | ||||||
11 | regarding the navigability of water, relative to
| ||||||
12 | excursions,
in the event
of extreme weather conditions, | ||||||
13 | acts of God or other extreme circumstances.
| ||||||
14 | (20) To delegate the execution of any of its powers | ||||||
15 | under this Act or the Chicago Casino Development Authority | ||||||
16 | Act for
the purpose of administering and enforcing this | ||||||
17 | Act , the Chicago Casino Development Authority Act, and the | ||||||
18 | its rules adopted by the Board under both Acts and
| ||||||
19 | regulations hereunder .
| ||||||
20 | (20.5) To approve any contract entered into on its | ||||||
21 | behalf.
| ||||||
22 | (20.6) To appoint investigators to conduct | ||||||
23 | investigations, searches, seizures, arrests, and other | ||||||
24 | duties imposed under this Act, as deemed necessary by the | ||||||
25 | Board. These investigators have and may exercise all of the | ||||||
26 | rights and powers of peace officers, provided that these |
| |||||||
| |||||||
1 | powers shall be limited to offenses or violations occurring | ||||||
2 | or committed in a casino, in an electronic gaming facility, | ||||||
3 | or on a riverboat or dock, as defined in subsections (d) | ||||||
4 | and (f) of Section 4, or as otherwise provided by this Act , | ||||||
5 | the Chicago Casino Development Authority Act, or any other | ||||||
6 | law. | ||||||
7 | (20.7) To contract with the Department of State Police | ||||||
8 | for the use of trained and qualified State police officers | ||||||
9 | and with the Department of Revenue for the use of trained | ||||||
10 | and qualified Department of Revenue investigators to | ||||||
11 | conduct investigations, searches, seizures, arrests, and | ||||||
12 | other duties imposed under this Act or the Chicago Casino | ||||||
13 | Development Authority Act and to exercise all of the rights | ||||||
14 | and powers of peace officers, provided that the powers of | ||||||
15 | Department of Revenue investigators under this subdivision | ||||||
16 | (20.7) shall be limited to offenses or violations occurring | ||||||
17 | or committed in a casino, in an electronic gaming facility, | ||||||
18 | or on a riverboat or dock, as defined in subsections (d) | ||||||
19 | and (f) of Section 4, or as otherwise provided by this Act | ||||||
20 | or any other law. In the event the Department of State | ||||||
21 | Police or the Department of Revenue is unable to fill | ||||||
22 | contracted police or investigative positions, the Board | ||||||
23 | may appoint investigators to fill those positions pursuant | ||||||
24 | to subdivision (20.6).
| ||||||
25 | (21) To adopt rules concerning the conduct of | ||||||
26 | electronic gaming. |
| |||||||
| |||||||
1 | (22) To have the same jurisdiction and supervision over | ||||||
2 | casinos and electronic gaming facilities as the Board has | ||||||
3 | over riverboats, including, but not limited to, the power | ||||||
4 | to (i) investigate, review, and approve contracts as that | ||||||
5 | power is applied to riverboats, (ii) adopt rules for | ||||||
6 | administering the provisions of this Act or the Chicago | ||||||
7 | Casino Development Authority Act, (iii) adopt standards | ||||||
8 | for the licensing of all persons involved with a casino or | ||||||
9 | electronic gaming facility, (iv) investigate alleged | ||||||
10 | violations of this Act by any person involved with a casino | ||||||
11 | or electronic gaming facility, and (v) require that | ||||||
12 | records, including financial or other statements of any | ||||||
13 | casino or electronic gaming facility, shall be kept in such | ||||||
14 | manner as prescribed by the Board. | ||||||
15 | (23) To supervise and regulate the Chicago Casino | ||||||
16 | Development Authority in accordance with the Chicago | ||||||
17 | Casino Development Authority Act and the provisions of this | ||||||
18 | Act.
| ||||||
19 | (24) (21) To take any other action as may be reasonable | ||||||
20 | or appropriate to
enforce this Act , the Chicago Casino | ||||||
21 | Development Authority Act, and the rules adopted by the | ||||||
22 | Board under both Acts and regulations hereunder .
| ||||||
23 | All Board powers enumerated in this Section in relation to | ||||||
24 | licensees shall apply equally to the holder of any casino | ||||||
25 | management contract entered into pursuant to the Chicago Casino | ||||||
26 | Development Authority Act. |
| |||||||
| |||||||
1 | (d) The Board may seek and shall receive the cooperation of | ||||||
2 | the
Department of State Police in conducting background | ||||||
3 | investigations of
applicants and in fulfilling its | ||||||
4 | responsibilities under
this Section. Costs incurred by the | ||||||
5 | Department of State Police as
a result of such cooperation | ||||||
6 | shall be paid by the Board in conformance
with the requirements | ||||||
7 | of Section 2605-400 of the Department of State Police Law
(20 | ||||||
8 | ILCS 2605/2605-400).
| ||||||
9 | (e) The Board must authorize to each investigator and to | ||||||
10 | any other
employee of the Board exercising the powers of a | ||||||
11 | peace officer a distinct badge
that, on its face, (i) clearly | ||||||
12 | states that the badge is authorized by the Board
and
(ii) | ||||||
13 | contains a unique identifying number. No other badge shall be | ||||||
14 | authorized
by the Board.
| ||||||
15 | (Source: P.A. 98-377, eff. 1-1-14; 98-582, eff. 8-27-13.)
| ||||||
16 | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
| ||||||
17 | Sec. 5.1. Disclosure of records.
| ||||||
18 | (a) Notwithstanding any applicable statutory provision to | ||||||
19 | the contrary,
the Board shall, on written request from any | ||||||
20 | person, provide
information furnished by an applicant or | ||||||
21 | licensee concerning the applicant
or licensee, his products, | ||||||
22 | services or gambling enterprises and his
business holdings, as | ||||||
23 | follows:
| ||||||
24 | (1) The name, business address and business telephone | ||||||
25 | number of any
applicant or licensee.
|
| |||||||
| |||||||
1 | (2) An identification of any applicant or licensee | ||||||
2 | including, if an
applicant or licensee is not an | ||||||
3 | individual, the names and addresses of all stockholders and | ||||||
4 | directors, if the entity is a corporation; the names and | ||||||
5 | addresses of all members, if the entity is a limited | ||||||
6 | liability company; the names and addresses of all partners, | ||||||
7 | both general and limited, if the entity is a partnership; | ||||||
8 | and the names and addresses of all beneficiaries, if the | ||||||
9 | entity is a trust the state of incorporation or
| ||||||
10 | registration, the corporate officers, and the identity of | ||||||
11 | all shareholders
or participants . If an applicant or | ||||||
12 | licensee has a pending registration
statement filed with | ||||||
13 | the Securities and Exchange Commission, only the names
of | ||||||
14 | those persons or entities holding interest of 5% or more | ||||||
15 | must be provided.
| ||||||
16 | (3) An identification of any business, including, if | ||||||
17 | applicable, the
state of incorporation or registration, in | ||||||
18 | which an applicant or licensee
or an applicant's or | ||||||
19 | licensee's spouse or children has an equity interest
of | ||||||
20 | more than 1%. If an applicant or licensee is a corporation, | ||||||
21 | partnership
or other business entity, the applicant or | ||||||
22 | licensee shall identify any
other corporation, partnership | ||||||
23 | or business entity in which it has an equity
interest of 1%
| ||||||
24 | or more, including, if applicable, the state of
| ||||||
25 | incorporation or registration. This information need not | ||||||
26 | be provided by a
corporation, partnership or other business |
| |||||||
| |||||||
1 | entity that has a pending
registration statement filed with | ||||||
2 | the Securities and Exchange Commission.
| ||||||
3 | (4) Whether an applicant or licensee has been indicted, | ||||||
4 | convicted,
pleaded guilty or nolo contendere, or forfeited | ||||||
5 | bail concerning any
criminal offense under the laws of any | ||||||
6 | jurisdiction, either felony or
misdemeanor (except for | ||||||
7 | traffic violations), including the date, the name
and | ||||||
8 | location of the court, arresting agency and prosecuting | ||||||
9 | agency, the
case number, the offense, the disposition and | ||||||
10 | the location and length of
incarceration.
| ||||||
11 | (5) Whether an applicant or licensee has had any | ||||||
12 | license or
certificate issued by a licensing authority in | ||||||
13 | Illinois or any other
jurisdiction denied, restricted, | ||||||
14 | suspended, revoked or not renewed and a
statement | ||||||
15 | describing the facts and circumstances concerning the | ||||||
16 | denial,
restriction, suspension, revocation or | ||||||
17 | non-renewal, including the licensing
authority, the date | ||||||
18 | each such action was taken, and the reason for each
such | ||||||
19 | action.
| ||||||
20 | (6) Whether an applicant or licensee has ever filed or | ||||||
21 | had filed against
it a proceeding in bankruptcy or has ever | ||||||
22 | been involved in any formal
process to adjust, defer, | ||||||
23 | suspend or otherwise work out the payment of any
debt | ||||||
24 | including the date of filing, the name and location of the | ||||||
25 | court, the
case and number of the disposition.
| ||||||
26 | (7) Whether an applicant or licensee has filed, or been |
| |||||||
| |||||||
1 | served with a
complaint or other notice filed with any | ||||||
2 | public body, regarding the
delinquency in the payment of, | ||||||
3 | or a dispute over the filings concerning the
payment of, | ||||||
4 | any tax required under federal, State or local law, | ||||||
5 | including
the amount, type of tax, the taxing agency and | ||||||
6 | time periods involved.
| ||||||
7 | (8) A statement listing the names and titles of all | ||||||
8 | public officials
or officers of any unit of government, and | ||||||
9 | relatives of said
public officials or officers who, | ||||||
10 | directly or indirectly, own
any financial interest in, have | ||||||
11 | any beneficial interest in, are the
creditors of or hold | ||||||
12 | any debt instrument issued by, or hold or have any
interest | ||||||
13 | in any contractual or service relationship with, an | ||||||
14 | applicant
or licensee.
| ||||||
15 | (9) Whether an applicant or licensee has made, directly | ||||||
16 | or indirectly,
any political contribution, or any loans, | ||||||
17 | donations or other payments, to
any candidate or office | ||||||
18 | holder, within 5 years from the date of filing the
| ||||||
19 | application, including the amount and the method of | ||||||
20 | payment.
| ||||||
21 | (10) The name and business telephone number of the | ||||||
22 | counsel
representing an applicant or licensee in matters | ||||||
23 | before the Board.
| ||||||
24 | (11) A description of any proposed or approved | ||||||
25 | riverboat or casino
gaming or electronic gaming operation, | ||||||
26 | including the type of boat, home dock or casino or |
| |||||||
| |||||||
1 | electronic gaming location, expected
economic benefit to | ||||||
2 | the community, anticipated or actual number of
employees, | ||||||
3 | any statement from an applicant or licensee regarding | ||||||
4 | compliance
with federal and State affirmative action | ||||||
5 | guidelines, projected or actual
admissions and projected | ||||||
6 | or actual adjusted gross gaming receipts.
| ||||||
7 | (12) A description of the product or service to be | ||||||
8 | supplied by an
applicant for a supplier's license.
| ||||||
9 | (b) Notwithstanding any applicable statutory provision to | ||||||
10 | the contrary,
the Board shall, on written request from any | ||||||
11 | person, also provide
the following information:
| ||||||
12 | (1) The amount of the wagering tax and admission tax | ||||||
13 | paid daily to the
State of Illinois by the holder of an | ||||||
14 | owner's license.
| ||||||
15 | (2) Whenever the Board finds an applicant for an | ||||||
16 | owner's license
unsuitable for licensing, a copy of the | ||||||
17 | written letter outlining the
reasons for the denial.
| ||||||
18 | (3) Whenever the Board has refused to grant leave for | ||||||
19 | an applicant to
withdraw his application, a copy of the | ||||||
20 | letter outlining the reasons for
the refusal.
| ||||||
21 | (c) Subject to the above provisions, the Board shall not | ||||||
22 | disclose any
information which would be barred by:
| ||||||
23 | (1) Section 7 of the Freedom of Information Act; or
| ||||||
24 | (2) The statutes, rules, regulations or | ||||||
25 | intergovernmental agreements
of any jurisdiction.
| ||||||
26 | (d) The Board may assess fees for the copying of |
| |||||||
| |||||||
1 | information in
accordance with Section 6 of the Freedom of | ||||||
2 | Information Act.
| ||||||
3 | (Source: P.A. 96-1392, eff. 1-1-11.)
| ||||||
4 | (230 ILCS 10/5.3 new) | ||||||
5 | Sec. 5.3. Ethical conduct. | ||||||
6 | (a) Officials and employees of the corporate authority of a | ||||||
7 | host community must carry out their duties and responsibilities | ||||||
8 | in such a manner as to promote and preserve public trust and | ||||||
9 | confidence in the integrity and conduct of gaming. | ||||||
10 | (b) Officials and employees of the corporate authority of a | ||||||
11 | host community shall not use or attempt to use his or her | ||||||
12 | official position to secure or attempt to secure any privilege, | ||||||
13 | advantage, favor, or influence for himself or herself or | ||||||
14 | others. | ||||||
15 | (c) Officials and employees of the corporate authority of a | ||||||
16 | host community may not have a financial interest, directly or | ||||||
17 | indirectly, in his or her own name or in the name of any other | ||||||
18 | person, partnership, association, trust, corporation, or other | ||||||
19 | entity in any contract or subcontract for the performance of | ||||||
20 | any work for a riverboat or casino that is located in the host | ||||||
21 | community. This prohibition shall extend to the holding or | ||||||
22 | acquisition of an interest in any entity identified by Board | ||||||
23 | action that, in the Board's judgment, could represent the | ||||||
24 | potential for or the appearance of a financial interest. The | ||||||
25 | holding or acquisition of an interest in such entities through |
| |||||||
| |||||||
1 | an indirect means, such as through a mutual fund, shall not be | ||||||
2 | prohibited, except that the Board may identify specific | ||||||
3 | investments or funds that, in its judgment, are so influenced | ||||||
4 | by gaming holdings as to represent the potential for or the | ||||||
5 | appearance of a conflict of interest. | ||||||
6 | (d) Officials and employees of the corporate authority of a | ||||||
7 | host community may not accept any gift, gratuity, service, | ||||||
8 | compensation, travel, lodging, or thing of value, with the | ||||||
9 | exception of unsolicited items of an incidental nature, from | ||||||
10 | any person, corporation, or entity doing business with the | ||||||
11 | riverboat or casino that is located in the host community. | ||||||
12 | (e) Officials and employees of the corporate authority of a | ||||||
13 | host community shall not, during the period that the person is | ||||||
14 | an official or employee of the corporate authority or for a | ||||||
15 | period of 2 years immediately after leaving such office, | ||||||
16 | knowingly accept employment or receive compensation or fees for | ||||||
17 | services from a person or entity, or its parent or affiliate, | ||||||
18 | that has engaged in business with the riverboat or casino that | ||||||
19 | is located in the host community that resulted in contracts | ||||||
20 | with an aggregate value of at least $25,000 or if that official | ||||||
21 | or employee has made a decision that directly applied to the | ||||||
22 | person or entity, or its parent or affiliate. | ||||||
23 | (f) A spouse, child, or parent of an official or employee | ||||||
24 | of the corporate authority of a host community may not have a | ||||||
25 | financial interest, directly or indirectly, in his or her own | ||||||
26 | name or in the name of any other person, partnership, |
| |||||||
| |||||||
1 | association, trust, corporation, or other entity in any | ||||||
2 | contract or subcontract for the performance of any work for a | ||||||
3 | riverboat or casino in the host community. This prohibition | ||||||
4 | shall extend to the holding or acquisition of an interest in | ||||||
5 | any entity identified by Board action that, in the judgment of | ||||||
6 | the Board, could represent the potential for or the appearance | ||||||
7 | of a conflict of interest. The holding or acquisition of an | ||||||
8 | interest in such entities through an indirect means, such as | ||||||
9 | through a mutual fund, shall not be prohibited, expect that the | ||||||
10 | Board may identify specific investments or funds that, in its | ||||||
11 | judgment, are so influenced by gaming holdings as to represent | ||||||
12 | the potential for or the appearance of a conflict of interest. | ||||||
13 | (g) A spouse, child, or parent of an official or employee | ||||||
14 | of the corporate authority of a host community may not accept | ||||||
15 | any gift, gratuity, service, compensation, travel, lodging, or | ||||||
16 | thing of value, with the exception of unsolicited items of an | ||||||
17 | incidental nature, from any person, corporation, or entity | ||||||
18 | doing business with the riverboat or casino that is located in | ||||||
19 | the host community. | ||||||
20 | (h) A spouse, child, or parent of an official or employee | ||||||
21 | of the corporate authority of a host community may not, during | ||||||
22 | the period that the person is an official of the corporate | ||||||
23 | authority or for a period of 2 years immediately after leaving | ||||||
24 | such office or employment, knowingly accept employment or | ||||||
25 | receive compensation or fees for services from a person or | ||||||
26 | entity, or its parent or affiliate, that has engaged in |
| |||||||
| |||||||
1 | business with the riverboat or casino that is located in the | ||||||
2 | host community that resulted in contracts with an aggregate | ||||||
3 | value of at least $25,000 or if that official or employee has | ||||||
4 | made a decision that directly applied to the person or entity, | ||||||
5 | or its parent or affiliate. | ||||||
6 | (i) Officials and employees of the corporate authority of a | ||||||
7 | host community shall not attempt, in any way, to influence any | ||||||
8 | person or entity doing business with the riverboat or casino | ||||||
9 | that is located in the host community or any officer, agent, or | ||||||
10 | employee thereof to hire or contract with any person or entity | ||||||
11 | for any compensated work. | ||||||
12 | (j) Any communication between an official of the corporate | ||||||
13 | authority of a host community and any applicant for an owners | ||||||
14 | license in the host community, or an officer, director, or | ||||||
15 | employee of a riverboat or casino in the host community, | ||||||
16 | concerning any matter relating in any way to gaming shall be | ||||||
17 | disclosed to the Board. Such disclosure shall be in writing by | ||||||
18 | the official within 30 days after the communication and shall | ||||||
19 | be filed with the Board. Disclosure must consist of the date of | ||||||
20 | the communication, the identity and job title of the person | ||||||
21 | with whom the communication was made, a brief summary of the | ||||||
22 | communication, the action requested or recommended, all | ||||||
23 | responses made, the identity and job title of the person making | ||||||
24 | the response, and any other pertinent information. Public | ||||||
25 | disclosure of the written summary provided to the Board and the | ||||||
26 | Gaming Board shall be subject to the exemptions provided under |
| |||||||
| |||||||
1 | the Freedom of Information Act. | ||||||
2 | This subsection (j) shall not apply to communications | ||||||
3 | regarding traffic, law enforcement, security, environmental | ||||||
4 | issues, city services, transportation, or other routine | ||||||
5 | matters concerning the ordinary operations of the riverboat or | ||||||
6 | casino. For purposes of this subsection (j), "ordinary | ||||||
7 | operations" means operations relating to the casino or | ||||||
8 | riverboat facility other than the conduct of gambling | ||||||
9 | activities, and "routine matters" includes the application | ||||||
10 | for, issuance of, renewal of, and other processes associated | ||||||
11 | with municipal permits and licenses. | ||||||
12 | (k) Any official or employee who violates any provision of | ||||||
13 | this Section is guilty of a Class 4 felony. | ||||||
14 | (l) For purposes of this Section, "host community" or "host | ||||||
15 | municipality" means a unit of local government that contains a | ||||||
16 | riverboat or casino within its borders, but does not include | ||||||
17 | the City of Chicago or the Chicago Casino Development | ||||||
18 | Authority.
| ||||||
19 | (230 ILCS 10/6) (from Ch. 120, par. 2406)
| ||||||
20 | Sec. 6. Application for Owners License.
| ||||||
21 | (a) A qualified person may
apply to the Board for an owners | ||||||
22 | license to
conduct a riverboat gambling operation as provided | ||||||
23 | in this Act. The
application shall be made on forms provided by | ||||||
24 | the Board and shall contain
such information as the Board | ||||||
25 | prescribes, including but not limited to the
identity of the |
| |||||||
| |||||||
1 | riverboat on which such gambling operation is to be
conducted , | ||||||
2 | if applicable, and the exact location where such riverboat or | ||||||
3 | casino will be located docked , a
certification that the | ||||||
4 | riverboat will be registered under this Act at all
times during | ||||||
5 | which gambling operations are conducted on board, detailed
| ||||||
6 | information regarding the ownership and management of the | ||||||
7 | applicant, and
detailed personal information regarding the | ||||||
8 | applicant. Any application for an
owners license to be | ||||||
9 | re-issued on or after June 1, 2003 shall also
include the | ||||||
10 | applicant's license bid in a form prescribed by the Board.
| ||||||
11 | Information
provided on the application shall be used as a | ||||||
12 | basis for a thorough
background investigation which the Board | ||||||
13 | shall conduct with respect to each
applicant. An incomplete | ||||||
14 | application shall be cause for denial of a license
by the | ||||||
15 | Board.
| ||||||
16 | (a-5) In addition to any other information required under | ||||||
17 | this Section, each application for an owners license must | ||||||
18 | include the following information: | ||||||
19 | (1) The history and success of the applicant and each | ||||||
20 | person and entity disclosed under subsection (c) of this | ||||||
21 | Section in developing tourism facilities ancillary to | ||||||
22 | gaming, if applicable. | ||||||
23 | (2) The likelihood that granting a license to the | ||||||
24 | applicant will lead to the creation of quality, living wage | ||||||
25 | jobs and permanent, full-time jobs for residents of the | ||||||
26 | State and residents of the unit of local government that is |
| |||||||
| |||||||
1 | designated as the home dock of the proposed facility where | ||||||
2 | gambling is to be conducted by the applicant. | ||||||
3 | (3) The projected number of jobs that would be created | ||||||
4 | if the license is granted and the projected number of new | ||||||
5 | employees at the proposed facility where gambling is to be | ||||||
6 | conducted by the applicant. | ||||||
7 | (4) The record, if any, of the applicant and its | ||||||
8 | developer in meeting commitments to local agencies, | ||||||
9 | community-based organizations, and employees at other | ||||||
10 | locations where the applicant or its developer has | ||||||
11 | performed similar functions as they would perform if the | ||||||
12 | applicant were granted a license. | ||||||
13 | (5) Identification of adverse effects that might be | ||||||
14 | caused by the proposed facility where gambling is to be | ||||||
15 | conducted by the applicant, including the costs of meeting | ||||||
16 | increased demand for public health care, child care, public | ||||||
17 | transportation, affordable housing, and social services, | ||||||
18 | and a plan to mitigate those adverse effects. | ||||||
19 | (6) The record, if any, of the applicant and its | ||||||
20 | developer regarding compliance with: | ||||||
21 | (A) federal, state, and local discrimination, wage | ||||||
22 | and hour, disability, and occupational and | ||||||
23 | environmental health and safety laws; and | ||||||
24 | (B) state and local labor relations and employment | ||||||
25 | laws. | ||||||
26 | (7) The applicant's record, if any, in dealing with its |
| |||||||
| |||||||
1 | employees and their representatives at other locations. | ||||||
2 | (8) A plan concerning the utilization of | ||||||
3 | minority-owned and female-owned businesses and concerning | ||||||
4 | the hiring of minorities and females. | ||||||
5 | (9) Evidence the applicant used its best efforts to | ||||||
6 | reach a goal of 25% ownership representation by minority | ||||||
7 | persons and 5% ownership representation by females. | ||||||
8 | (b) Applicants shall submit with their application all | ||||||
9 | documents,
resolutions, and letters of support from the | ||||||
10 | governing body that represents
the municipality or county | ||||||
11 | wherein the licensee will be located dock .
| ||||||
12 | (c) Each applicant shall disclose the identity of every | ||||||
13 | person or entity ,
association, trust or corporation having a | ||||||
14 | greater than 1% direct or
indirect pecuniary interest in the | ||||||
15 | riverboat gambling operation with
respect to which the license | ||||||
16 | is sought. If the disclosed entity is a
trust, the application | ||||||
17 | shall disclose the names and addresses of all the
| ||||||
18 | beneficiaries; if a corporation, the names and
addresses of all | ||||||
19 | stockholders and directors; if a partnership, the names
and | ||||||
20 | addresses of all partners, both general and limited.
| ||||||
21 | (d) An application shall be filed and considered in | ||||||
22 | accordance with the rules of the Board. Each application shall | ||||||
23 | be accompanied by a non-refundable An
application fee of | ||||||
24 | $100,000. In addition, a non-refundable fee of $50,000 shall be | ||||||
25 | paid at the time of filing
to defray the costs associated with | ||||||
26 | the
background investigation conducted by the Board. If the |
| |||||||
| |||||||
1 | costs of the
investigation exceed $50,000, the applicant shall | ||||||
2 | pay the additional amount
to the Board within 7 days after | ||||||
3 | requested by the Board . If the costs of the investigation are | ||||||
4 | less than $50,000, the
applicant shall receive a refund of the | ||||||
5 | remaining amount. All
information, records, interviews, | ||||||
6 | reports, statements, memoranda or other
data supplied to or | ||||||
7 | used by the Board in the course of its review or
investigation | ||||||
8 | of an application for a license or a renewal under this Act | ||||||
9 | shall be
privileged, strictly confidential and shall be used | ||||||
10 | only for the purpose of
evaluating an applicant for a license | ||||||
11 | or a renewal. Such information, records, interviews, reports,
| ||||||
12 | statements, memoranda or other data shall not be admissible as | ||||||
13 | evidence,
nor discoverable in any action of any kind in any | ||||||
14 | court or before any
tribunal, board, agency or person, except | ||||||
15 | for any action deemed necessary
by the Board. The application | ||||||
16 | fee shall be deposited into the Gaming Facilities Fee Revenue | ||||||
17 | Fund.
| ||||||
18 | (e) The Board shall charge each applicant a fee set by the | ||||||
19 | Department of
State Police to defray the costs associated with | ||||||
20 | the search and
classification of fingerprints obtained by the | ||||||
21 | Board with respect to the
applicant's application. These fees | ||||||
22 | shall be paid into the State Police
Services Fund.
| ||||||
23 | (f) The licensed owner shall be the person primarily | ||||||
24 | responsible for the
boat or casino itself. Only one riverboat | ||||||
25 | gambling operation may be authorized
by the Board on any | ||||||
26 | riverboat or in any casino . The applicant must identify the |
| |||||||
| |||||||
1 | each riverboat or premises
it intends to use and certify that | ||||||
2 | the riverboat or premises : (1) has the authorized
capacity | ||||||
3 | required in this Act; (2) is accessible to persons with | ||||||
4 | disabilities; and
(3) is fully registered and licensed in | ||||||
5 | accordance
with any applicable laws.
| ||||||
6 | (g) A person who knowingly makes a false statement on an | ||||||
7 | application is
guilty of a Class A misdemeanor.
| ||||||
8 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
9 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||||||
10 | Sec. 7. Owners Licenses.
| ||||||
11 | (a) The Board shall issue owners licenses to persons or | ||||||
12 | entities , firms or
corporations which apply for such licenses | ||||||
13 | upon payment to the Board of the
non-refundable license fee as | ||||||
14 | provided in subsection (e) or (e-5) set by the Board, upon | ||||||
15 | payment of a $25,000
license fee for the first year of | ||||||
16 | operation and a $5,000 license fee for
each succeeding year and | ||||||
17 | upon a determination by the Board that the
applicant is | ||||||
18 | eligible for an owners license pursuant to this Act , the | ||||||
19 | Chicago Casino Development Authority Act, and the
rules of the | ||||||
20 | Board. From the effective date of this amendatory Act of the | ||||||
21 | 95th General Assembly until (i) 3 years after the effective | ||||||
22 | date of this amendatory Act of the 95th General Assembly, (ii) | ||||||
23 | the date any organization licensee begins to operate a slot | ||||||
24 | machine or video game of chance under the Illinois Horse Racing | ||||||
25 | Act of 1975 or this Act, (iii) the date that payments begin |
| |||||||
| |||||||
1 | under subsection (c-5) of Section 13 of the Act, or (iv) the | ||||||
2 | wagering tax imposed under Section 13 of this Act is increased | ||||||
3 | by law to reflect a tax rate that is at least as stringent or | ||||||
4 | more stringent than the tax rate contained in subsection (a-3) | ||||||
5 | of Section 13, or (v) when an owners licensee holding a license | ||||||
6 | issued pursuant to Section 7.1 of this Act begins conducting | ||||||
7 | gaming, whichever occurs first, as a condition of licensure and | ||||||
8 | as an alternative source of payment for those funds payable | ||||||
9 | under subsection (c-5) of Section 13 of this the Riverboat | ||||||
10 | Gambling Act, any owners licensee that holds or receives its | ||||||
11 | owners license on or after the effective date of this | ||||||
12 | amendatory Act of the 94th General Assembly, other than an | ||||||
13 | owners licensee operating a riverboat with adjusted gross | ||||||
14 | receipts in calendar year 2004 of less than $200,000,000, must | ||||||
15 | pay into the Horse Racing Equity Trust Fund, in addition to any | ||||||
16 | other payments required under this Act, an amount equal to 3% | ||||||
17 | of the adjusted gross receipts received by the owners licensee. | ||||||
18 | The payments required under this Section shall be made by the | ||||||
19 | owners licensee to the State Treasurer no later than 3:00 | ||||||
20 | o'clock p.m. of the day after the day when the adjusted gross | ||||||
21 | receipts were received by the owners licensee. A person , firm | ||||||
22 | or entity corporation is ineligible to receive
an owners | ||||||
23 | license if:
| ||||||
24 | (1) the person has been convicted of a felony under the | ||||||
25 | laws of this
State, any other state, or the United States;
| ||||||
26 | (2) the person has been convicted of any violation of |
| |||||||
| |||||||
1 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
2 | Code of 2012, or substantially similar laws of any other | ||||||
3 | jurisdiction;
| ||||||
4 | (3) the person has submitted an application for a | ||||||
5 | license under this
Act or the Chicago Casino Development | ||||||
6 | Authority Act which contains false information;
| ||||||
7 | (4) the person is
a member of the Board;
| ||||||
8 | (5) a person defined in (1), (2), (3) or (4) is an | ||||||
9 | officer, director or
managerial employee of the entity firm | ||||||
10 | or corporation ;
| ||||||
11 | (6) the entity firm or corporation employs a person | ||||||
12 | defined in (1), (2), (3) or
(4) who participates in the | ||||||
13 | management or operation of gambling operations
authorized | ||||||
14 | under this Act or the Chicago Casino Development Authority | ||||||
15 | Act ;
| ||||||
16 | (7) (blank); or
| ||||||
17 | (8) a license of the person or entity , firm or | ||||||
18 | corporation issued under
this Act or the Chicago Casino | ||||||
19 | Development Authority Act , or a license to own or operate | ||||||
20 | gambling facilities
in any other jurisdiction, has been | ||||||
21 | revoked.
| ||||||
22 | The Board is expressly prohibited from making changes to | ||||||
23 | the requirement that licensees make payment into the Horse | ||||||
24 | Racing Equity Trust Fund without the express authority of the | ||||||
25 | Illinois General Assembly and making any other rule to | ||||||
26 | implement or interpret this amendatory Act of the 95th General |
| |||||||
| |||||||
1 | Assembly. For the purposes of this paragraph, "rules" is given | ||||||
2 | the meaning given to that term in Section 1-70 of the Illinois | ||||||
3 | Administrative Procedure Act. | ||||||
4 | (a-1) Upon approval of the members of the Chicago Casino | ||||||
5 | Development Board, the Chicago Casino Development Authority's | ||||||
6 | executive director, and the Chicago casino operator licensee, | ||||||
7 | the Board shall issue an owners license to the Chicago Casino | ||||||
8 | Development Authority that authorizes the conduct of gambling | ||||||
9 | operations in a casino or in an airport located in the City of | ||||||
10 | Chicago. | ||||||
11 | (b) In determining whether to grant an owners license to an | ||||||
12 | applicant other than the Chicago Casino Development Authority , | ||||||
13 | the
Board shall consider:
| ||||||
14 | (1) the character, reputation, experience and | ||||||
15 | financial integrity of the
applicants and of any other or | ||||||
16 | separate person that either:
| ||||||
17 | (A) controls, directly or indirectly, such | ||||||
18 | applicant, or
| ||||||
19 | (B) is controlled, directly or indirectly, by such | ||||||
20 | applicant or by a
person which controls, directly or | ||||||
21 | indirectly, such applicant;
| ||||||
22 | (2) the facilities or proposed facilities for the | ||||||
23 | conduct of riverboat
gambling;
| ||||||
24 | (3) the highest prospective total revenue to be derived | ||||||
25 | by the State
from the conduct of riverboat gambling;
| ||||||
26 | (4) the extent to which the ownership of the applicant |
| |||||||
| |||||||
1 | reflects the
diversity of the State by including minority | ||||||
2 | persons, females, and persons with a disability
and the | ||||||
3 | good faith affirmative action plan of
each applicant to | ||||||
4 | recruit, train and upgrade minority persons, females, and | ||||||
5 | persons with a disability in all employment | ||||||
6 | classifications;
| ||||||
7 | (5) the financial ability of the applicant to purchase | ||||||
8 | and maintain
adequate liability and casualty insurance;
| ||||||
9 | (6) whether the applicant has adequate capitalization | ||||||
10 | to provide and
maintain, for the duration of a license, a | ||||||
11 | riverboat or casino ;
| ||||||
12 | (7) the extent to which the applicant exceeds or meets | ||||||
13 | other standards
for the issuance of an owners license which | ||||||
14 | the Board may adopt by rule;
and
| ||||||
15 | (8) the The amount of the applicant's license bid ; .
| ||||||
16 | (9) the extent to which the applicant or the proposed | ||||||
17 | host municipality plans to enter into revenue sharing | ||||||
18 | agreements with communities other than the host | ||||||
19 | municipality; and | ||||||
20 | (10) the extent to which the ownership of an applicant | ||||||
21 | includes the most qualified number of minority persons, | ||||||
22 | females, and persons with a disability. | ||||||
23 | (c) Each owners license shall specify the place where the | ||||||
24 | casino riverboats shall
operate or the riverboat shall operate | ||||||
25 | and dock.
| ||||||
26 | (d) Each applicant shall submit with his application, on |
| |||||||
| |||||||
1 | forms
provided by the Board, 2 sets of his fingerprints.
| ||||||
2 | (e) In addition to any licenses authorized under subsection | ||||||
3 | (e-5) of this Section, the The Board may issue up to 10 | ||||||
4 | licenses authorizing the holders of such
licenses to own | ||||||
5 | riverboats. In the application for an owners license, the
| ||||||
6 | applicant shall state the dock at which the riverboat is based | ||||||
7 | and the water
on which the riverboat will be located. The Board | ||||||
8 | shall issue 5 licenses to
become effective not earlier than | ||||||
9 | January 1, 1991. Three of such licenses
shall authorize | ||||||
10 | riverboat gambling on the Mississippi River, or, with approval
| ||||||
11 | by the municipality in which the
riverboat was docked on August | ||||||
12 | 7, 2003 and with Board approval, be authorized to relocate to a | ||||||
13 | new location,
in a
municipality that (1) borders on the | ||||||
14 | Mississippi River or is within 5
miles of the city limits of a | ||||||
15 | municipality that borders on the Mississippi
River and (2), on | ||||||
16 | August 7, 2003, had a riverboat conducting riverboat gambling | ||||||
17 | operations pursuant to
a license issued under this Act; one of | ||||||
18 | which shall authorize riverboat
gambling from a home dock in | ||||||
19 | the city of East St. Louis. One other license
shall
authorize | ||||||
20 | riverboat gambling on
the Illinois River in Tazewell County or, | ||||||
21 | with Board approval, shall authorize the riverboat to relocate | ||||||
22 | to a new location that is no more than 10 miles away from its | ||||||
23 | original location, in a municipality that borders on the | ||||||
24 | Illinois River or is within 5 miles of the city limits of a | ||||||
25 | municipality that borders on the Illinois River south of | ||||||
26 | Marshall County . The Board shall issue one
additional license |
| |||||||
| |||||||
1 | to become effective not earlier than March 1, 1992, which
shall | ||||||
2 | authorize riverboat gambling on the Des Plaines River in Will | ||||||
3 | County.
The Board may issue 4 additional licenses to become | ||||||
4 | effective not
earlier than
March 1, 1992. In determining the | ||||||
5 | water upon which riverboats will operate,
the Board shall | ||||||
6 | consider the economic benefit which riverboat gambling confers
| ||||||
7 | on the State, and shall seek to assure that all regions of the | ||||||
8 | State share
in the economic benefits of riverboat gambling.
| ||||||
9 | In granting all licenses, the Board may give favorable | ||||||
10 | consideration to
economically depressed areas of the State, to | ||||||
11 | applicants presenting plans
which provide for significant | ||||||
12 | economic development over a large geographic
area, and to | ||||||
13 | applicants who currently operate non-gambling riverboats in
| ||||||
14 | Illinois.
The Board shall review all applications for owners | ||||||
15 | licenses,
and shall inform each applicant of the Board's | ||||||
16 | decision.
The Board may grant an owners license to an
applicant | ||||||
17 | that has not submitted the highest license bid, but if it does | ||||||
18 | not
select the highest bidder, the Board shall issue a written | ||||||
19 | decision explaining
why another
applicant was selected and | ||||||
20 | identifying the factors set forth in this Section
that favored | ||||||
21 | the winning bidder. The fee for issuance or renewal of a | ||||||
22 | license pursuant to this subsection (e) shall be $100,000.
| ||||||
23 | (e-5) In addition to licenses authorized under subsection | ||||||
24 | (e) of this Section: | ||||||
25 | (1) the Board shall issue one owners license | ||||||
26 | authorizing the conduct of casino gambling in the City of |
| |||||||
| |||||||
1 | Chicago; | ||||||
2 | (2) the Board may issue one owners license authorizing | ||||||
3 | the conduct of riverboat gambling in the City of Danville; | ||||||
4 | (3) the Board may issue one owners license authorizing | ||||||
5 | the conduct of riverboat gambling located in one of the | ||||||
6 | following municipalities in Lake County: Park City, North | ||||||
7 | Chicago, or Waukegan; | ||||||
8 | (4) the Board may issue one owners license authorizing | ||||||
9 | the conduct of riverboat gambling in the City of Rockford; | ||||||
10 | and | ||||||
11 | (5) the Board may issue one owners license authorizing | ||||||
12 | the conduct of riverboat gambling in a municipality that is | ||||||
13 | located in one of the following townships of Cook County: | ||||||
14 | Bloom, Bremen, Calumet, Rich, Thornton, or Worth Township. | ||||||
15 | Each application for a license pursuant to this subsection | ||||||
16 | (e-5) shall be submitted to the Board no later than 6 months | ||||||
17 | after the effective date of this amendatory Act of the 100th | ||||||
18 | General Assembly and shall include the non-refundable | ||||||
19 | application fee and the non-refundable background | ||||||
20 | investigation fee as provided in subsection (d) of Section 6 of | ||||||
21 | this Act. In the event that an applicant submits an application | ||||||
22 | for a license pursuant to this subsection (e-5) prior to the | ||||||
23 | effective date of this amendatory Act of the 100th General | ||||||
24 | Assembly, such applicant shall submit the non-refundable | ||||||
25 | application fee and background investigation fee as provided in | ||||||
26 | subsection (d) of Section 6 of this Act no later than 6 months |
| |||||||
| |||||||
1 | after the effective date of this amendatory Act of the 100th | ||||||
2 | General Assembly. | ||||||
3 | The Board shall consider issuing a license pursuant to | ||||||
4 | paragraphs (2) through (5) of this subsection only after the | ||||||
5 | corporate authority of the municipality in which the riverboat | ||||||
6 | shall be located has certified to the Board the following: | ||||||
7 | (i) that the applicant has negotiated with the | ||||||
8 | corporate authority in good faith; | ||||||
9 | (ii) that the applicant and the corporate authority | ||||||
10 | have mutually agreed on the permanent location of the | ||||||
11 | riverboat; | ||||||
12 | (iii) that the applicant and the corporate authority | ||||||
13 | have mutually agreed on the temporary location of the | ||||||
14 | riverboat; | ||||||
15 | (iv) that the applicant and the corporate authority | ||||||
16 | have mutually agreed on the percentage of revenues that | ||||||
17 | will be shared with the municipality, if any; and | ||||||
18 | (v) that the applicant and the corporate authority have | ||||||
19 | mutually agreed on any zoning, licensing, public health, or | ||||||
20 | other issues that are within the jurisdiction of the | ||||||
21 | municipality. | ||||||
22 | At least 7 days before the corporate authority of a | ||||||
23 | municipality submits a certification to the Board concerning | ||||||
24 | items (i) through (v) of this subsection, it shall hold a | ||||||
25 | public hearing to discuss items (i) through (v), as well as any | ||||||
26 | other details concerning the proposed riverboat in the |
| |||||||
| |||||||
1 | municipality. The corporate authority must subsequently | ||||||
2 | memorialize the details concerning the proposed riverboat or | ||||||
3 | casino in a resolution that must be adopted by a majority of | ||||||
4 | the corporate authority before any certification is sent to the | ||||||
5 | Board. The Board shall not alter, amend, change, or otherwise | ||||||
6 | interfere with any agreement between the applicant and the | ||||||
7 | corporate authority of the municipality regarding the location | ||||||
8 | of any temporary or permanent facility. | ||||||
9 | (e-10) The licenses authorized under subsection (e-5) of | ||||||
10 | this Section shall be issued within 12 months after the date | ||||||
11 | the license application is submitted. If the Board does not | ||||||
12 | issue the licenses within that time period, then the Board | ||||||
13 | shall give a written explanation to the applicant as to why it | ||||||
14 | has not reached a determination and when it reasonably expects | ||||||
15 | to make a determination. The fee for the issuance or renewal of | ||||||
16 | a license issued pursuant to this subsection (e-10) shall be | ||||||
17 | $100,000. Additionally, a licensee located outside of Cook | ||||||
18 | County shall pay a minimum initial fee of $17,500 per gaming | ||||||
19 | position, and a licensee located in Cook County shall pay a | ||||||
20 | minimum initial fee of $30,000 per gaming position. The initial | ||||||
21 | fees payable under this subsection (e-10) shall be deposited | ||||||
22 | into the Gaming Facilities Fee Revenue Fund. | ||||||
23 | (e-15) Each licensee of a license authorized under | ||||||
24 | subsection (e-5) of this Section shall make a reconciliation | ||||||
25 | payment 3 years after the date the licensee begins operating in | ||||||
26 | an amount equal to 75% of the adjusted gross receipts for the |
| |||||||
| |||||||
1 | most lucrative 12-month period of operations, minus an amount | ||||||
2 | equal to the initial payment per gaming position paid by the | ||||||
3 | specific licensee. If this calculation results in a negative | ||||||
4 | amount, then the licensee is not entitled to any
reimbursement | ||||||
5 | of fees previously paid. This reconciliation payment may be | ||||||
6 | made in installments over a period of no more than 2 years, | ||||||
7 | subject to Board approval. Any installment payments shall | ||||||
8 | include an annual market interest rate as determined by the | ||||||
9 | Board. All payments by licensees under this subsection (e-15) | ||||||
10 | shall be deposited into the Gaming Facilities Fee Revenue Fund. | ||||||
11 | (e-20) In addition to any other revocation powers granted | ||||||
12 | to the Board under this
Act,
the Board may revoke the owners | ||||||
13 | license of a licensee , other than the Chicago Casino | ||||||
14 | Development Authority, which fails
to begin conducting | ||||||
15 | gambling within 15 months
of receipt of the
Board's approval of | ||||||
16 | the application if the Board determines that license
revocation | ||||||
17 | is in the best interests of the State.
| ||||||
18 | (f) The first 10 owners licenses issued under this Act | ||||||
19 | shall permit the
holder to own up to 2 riverboats and equipment | ||||||
20 | thereon
for a period of 3 years after the effective date of the | ||||||
21 | license. Holders of
the first 10 owners licenses must pay the | ||||||
22 | annual license fee for each of
the 3
years during which they | ||||||
23 | are authorized to own riverboats.
| ||||||
24 | (g) Upon the termination, expiration, or revocation of each | ||||||
25 | of the first
10 licenses, which shall be issued for a 3 year | ||||||
26 | period, all licenses are
renewable annually upon payment of the |
| |||||||
| |||||||
1 | fee and a determination by the Board
that the licensee | ||||||
2 | continues to meet all of the requirements of this Act and the
| ||||||
3 | Board's rules.
However, for licenses renewed on or after May 1, | ||||||
4 | 1998, including casino operator licenses, renewal shall be
for | ||||||
5 | a period of 4 years, unless the Board sets a shorter period. | ||||||
6 | Notwithstanding any provision in this subsection (g) to the | ||||||
7 | contrary, any license that is awarded to the Chicago Casino | ||||||
8 | Development Authority shall not expire, but it shall be subject | ||||||
9 | to the provisions of this Act and the rules of the Board.
| ||||||
10 | (h) An owners license , except for an owners license issued | ||||||
11 | under subsection (e-5) of this Section, shall entitle the | ||||||
12 | licensee to own up to 2
riverboats. | ||||||
13 | An owners licensee of a casino or riverboat that is located | ||||||
14 | in the City of Chicago pursuant to paragraph (1) of subsection | ||||||
15 | (e-5) of this Section shall limit the number of gaming | ||||||
16 | positions to 4,000 for such owner. All other owners licensees A | ||||||
17 | licensee shall limit the number of gaming positions gambling | ||||||
18 | participants to
1,600 1,200 for any such owners license , except | ||||||
19 | as further provided in subsection (h-10) of this Section. The | ||||||
20 | initial fee for each gaming position obtained on or after the | ||||||
21 | effective date of this amendatory Act of the 100th General | ||||||
22 | Assembly shall be a minimum of $17,500 for licensees not | ||||||
23 | located in Cook County and a minimum of $30,000 for licensees | ||||||
24 | located in Cook County, in addition to the reconciliation | ||||||
25 | payment, as set forth in subsections (e-15) or (h-5) of this | ||||||
26 | Section .
|
| |||||||
| |||||||
1 | Each owners licensee shall reserve its gaming positions | ||||||
2 | within 90 days after issuance of its owners license. The Board | ||||||
3 | may grant an extension to this 90-day period, provided that the | ||||||
4 | owners licensee submits a written request and explanation as to | ||||||
5 | why it is unable to reserve its positions within the 90-day | ||||||
6 | period. | ||||||
7 | A licensee may operate both of its riverboats concurrently, | ||||||
8 | provided that the
total number of gaming positions gambling | ||||||
9 | participants on both riverboats does not exceed the limit | ||||||
10 | established pursuant to this subsection and subsection (h-10) | ||||||
11 | of this Section
1,200 . Riverboats licensed to operate on the
| ||||||
12 | Mississippi River and the Illinois River south of Marshall | ||||||
13 | County shall
have an authorized capacity of at least 500 | ||||||
14 | persons. Any other riverboat
licensed under this Act shall have | ||||||
15 | an authorized capacity of at least 400
persons.
| ||||||
16 | (h-5) An owners licensee who conducted gambling operations | ||||||
17 | prior to January 1, 2012 and purchases positions pursuant to | ||||||
18 | subsection (h-10) of this Section on or after the effective | ||||||
19 | date of this amendatory Act of the 100th General Assembly must | ||||||
20 | pay a minimum initial fee of $17,500 per gaming position if the | ||||||
21 | licensee is located outside Cook County and a minimum initial | ||||||
22 | fee of $30,000 per gaming position if the licensee is located | ||||||
23 | in Cook County, as stated in subsection (h) of this Section. | ||||||
24 | These initial fees shall be deposited into the Gaming | ||||||
25 | Facilities Fee Revenue Fund. Additionally, that owners | ||||||
26 | licensee shall make a reconciliation payment 3 years after any |
| |||||||
| |||||||
1 | additional gaming positions obtained pursuant to subsection | ||||||
2 | (h-10) begin operating in an amount equal to 75% of the owners | ||||||
3 | licensee's average gross receipts for the most lucrative | ||||||
4 | 12-month period of operations minus an amount equal to the | ||||||
5 | initial fee that the owners licensee paid per additional gaming | ||||||
6 | position. For purposes of this subsection (h-5), "average gross | ||||||
7 | receipts" means (i) the increase in adjusted gross receipts for | ||||||
8 | the most lucrative 12-month period of operations over the | ||||||
9 | adjusted gross receipts for 2017, multiplied by (ii) the | ||||||
10 | percentage derived by dividing the number of additional gaming | ||||||
11 | positions that an owners licensee had obtained pursuant to | ||||||
12 | subsection (h-10) by the total number of gaming positions | ||||||
13 | operated by the owners licensee. If this calculation results in | ||||||
14 | a negative amount, then the owners licensee is not entitled to | ||||||
15 | any reimbursement of fees previously paid. This reconciliation | ||||||
16 | payment may be made in installments over a period of no more | ||||||
17 | than 2 years, subject to Board approval. Any installment | ||||||
18 | payments shall include an annual market interest rate as | ||||||
19 | determined by the Board. These reconciliation payments shall be | ||||||
20 | deposited into the Gaming Facilities Fee Revenue Fund. | ||||||
21 | (h-10) For owners licensees authorized under paragraphs | ||||||
22 | (2) through (5) of subsection (e-5) of this Section, the | ||||||
23 | application for such new owners licenses shall ask the | ||||||
24 | applicants to stipulate in their applications the number of | ||||||
25 | gaming positions each applicant would like to reserve, up to | ||||||
26 | 1,600 gaming positions. Once the last winning applicant for |
| |||||||
| |||||||
1 | each of these owners licenses has been selected by the Board, | ||||||
2 | the Board shall publish the number of gaming positions reserved | ||||||
3 | and unreserved by each winning applicant, shall accept requests | ||||||
4 | for additional gaming positions from any winning applicants or | ||||||
5 | owners licensee who initially reserved 1,600 gaming positions, | ||||||
6 | and shall allocate expeditiously the unreserved gaming | ||||||
7 | positions to such requesting winning applicants or owners | ||||||
8 | licensees in a manner to maximize revenue to the State; | ||||||
9 | provided, however, that no owners licensee (other than the | ||||||
10 | Chicago Casino Development Authority) shall obtain more than | ||||||
11 | 2,000 positions total. The Board may allocate any such unused | ||||||
12 | gaming positions through a competitive bidding process | ||||||
13 | pursuant to Section 7.5 of this Act. | ||||||
14 | In the event that not all of the unreserved gaming | ||||||
15 | positions described in the first and second paragraphs of this | ||||||
16 | subsection (h-10) were requested by owners licensees and | ||||||
17 | applicants, then until there are no longer unreserved gaming | ||||||
18 | positions, the Board periodically shall govern a process to | ||||||
19 | allocate the unreserved gaming positions in a manner to | ||||||
20 | maximize revenue to the State. | ||||||
21 | Unreserved gaming positions retained from and allocated to | ||||||
22 | owners licensees by the Board pursuant to this subsection | ||||||
23 | (h-10) shall not be allocated to electronic gaming licensees | ||||||
24 | pursuant to subsection (e) of Section 7.7 of this Act. | ||||||
25 | (i) A licensed owner is authorized to apply to the Board | ||||||
26 | for and, if
approved therefor, to receive all licenses from the |
| |||||||
| |||||||
1 | Board necessary for the
operation of a riverboat or a casino , | ||||||
2 | including a liquor license, a license
to prepare and serve food | ||||||
3 | for human consumption, and other necessary
licenses. All use, | ||||||
4 | occupation and excise taxes which apply to the sale of
food and | ||||||
5 | beverages in this State and all taxes imposed on the sale or | ||||||
6 | use
of tangible personal property apply to such sales aboard | ||||||
7 | the riverboat or in the casino .
| ||||||
8 | (j) The Board may issue or re-issue a license authorizing a | ||||||
9 | riverboat to
dock
in a municipality or approve a relocation | ||||||
10 | under Section 11.2 only if, prior
to the issuance or | ||||||
11 | re-issuance of
the license or approval, the governing body of | ||||||
12 | the municipality in which
the riverboat will dock has by a | ||||||
13 | majority vote approved the docking of
riverboats in the | ||||||
14 | municipality. The Board may issue or re-issue a license
| ||||||
15 | authorizing a
riverboat to dock in areas of a county outside | ||||||
16 | any municipality or approve a
relocation under Section 11.2 | ||||||
17 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
18 | approval, the
governing body of the county has by a majority | ||||||
19 | vote approved of the docking of
riverboats within such areas.
| ||||||
20 | (k) An owners licensee may conduct land-based gambling | ||||||
21 | operations upon approval by the Board. | ||||||
22 | (l) An owners licensee may conduct gaming at a temporary | ||||||
23 | facility pending the construction of a permanent facility or | ||||||
24 | the remodeling or relocation of an existing facility to | ||||||
25 | accommodate gaming participants for up to 24 months after the | ||||||
26 | temporary facility begins to conduct gaming. Upon request by an |
| |||||||
| |||||||
1 | owners licensee and upon a showing of good cause by the owners | ||||||
2 | licensee, the Board shall extend the period during which the | ||||||
3 | licensee may conduct gaming at a temporary facility by up to 12 | ||||||
4 | months. The Board shall make rules concerning the conduct of | ||||||
5 | gaming from temporary facilities. | ||||||
6 | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
| ||||||
7 | (230 ILCS 10/7.3)
| ||||||
8 | Sec. 7.3. State conduct of gambling operations.
| ||||||
9 | (a) If, after reviewing each application for a re-issued | ||||||
10 | license, the
Board determines that the highest prospective | ||||||
11 | total revenue to the State would
be derived from State conduct | ||||||
12 | of the gambling operation in lieu of re-issuing
the license, | ||||||
13 | the Board shall inform each applicant of its decision. The | ||||||
14 | Board
shall thereafter have the authority, without obtaining an | ||||||
15 | owners license, to
conduct casino or riverboat gambling | ||||||
16 | operations as
previously authorized by the terminated, | ||||||
17 | expired, revoked, or nonrenewed
license through a licensed | ||||||
18 | manager selected pursuant to an open and competitive
bidding
| ||||||
19 | process as set forth in Section 7.5 and as provided in Section | ||||||
20 | 7.4.
| ||||||
21 | (b) The Board may locate any casino or riverboat on which a | ||||||
22 | gambling operation is
conducted by the State in any home dock | ||||||
23 | or other location authorized by Section 3(c)
upon receipt of | ||||||
24 | approval from a majority vote of the governing body of the
| ||||||
25 | municipality or county, as the case may be, in which the |
| |||||||
| |||||||
1 | riverboat will dock.
| ||||||
2 | (c) The Board shall have jurisdiction over and shall | ||||||
3 | supervise all
gambling operations conducted by the State | ||||||
4 | provided for in this Act and the Chicago Casino Development | ||||||
5 | Authority Act and shall
have all powers necessary and proper to | ||||||
6 | fully and effectively execute the
provisions of this Act and | ||||||
7 | the Chicago Casino Development Authority Act relating to | ||||||
8 | gambling operations conducted by the State.
| ||||||
9 | (d) The maximum number of owners licenses authorized under | ||||||
10 | Section 7
7(e)
shall be reduced by one for each instance in | ||||||
11 | which the Board authorizes the
State to conduct a casino or | ||||||
12 | riverboat gambling operation under subsection (a) in lieu of
| ||||||
13 | re-issuing a license to an applicant under Section 7.1.
| ||||||
14 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
15 | (230 ILCS 10/7.5)
| ||||||
16 | Sec. 7.5. Competitive Bidding. When the Board determines | ||||||
17 | that (i) it will re-issue an owners license pursuant to
an
open | ||||||
18 | and competitive bidding process, as set forth in Section 7.1, | ||||||
19 | (ii) or that it
will issue a managers license pursuant to an | ||||||
20 | open and competitive bidding
process, as set forth in Section | ||||||
21 | 7.4, (iii) it will issue an owners license pursuant to an open | ||||||
22 | and competitive bidding process, as set forth in Section 7.11, | ||||||
23 | or (iv) it will allocate unused gaming positions pursuant to an | ||||||
24 | open and competitive bidding process, as set forth in | ||||||
25 | subsection (h-10) of Section 7, the open and competitive |
| |||||||
| |||||||
1 | bidding process
shall adhere to the following procedures:
| ||||||
2 | (1) The Board shall make applications for owners and | ||||||
3 | managers
licenses available to the public and allow a | ||||||
4 | reasonable time for applicants to
submit applications to the | ||||||
5 | Board.
| ||||||
6 | (2) During the filing period for owners or managers license | ||||||
7 | applications,
the
Board may retain the services of an | ||||||
8 | investment banking firm to assist the Board
in conducting the | ||||||
9 | open and competitive bidding process.
| ||||||
10 | (3) After receiving all of the bid proposals, the Board | ||||||
11 | shall open all of
the
proposals in a public forum and disclose | ||||||
12 | the prospective owners or managers
names, venture partners, if | ||||||
13 | any, and, in the case of applicants for owners
licenses, the | ||||||
14 | locations of the proposed development sites.
| ||||||
15 | (4) The Board shall summarize the terms of the proposals | ||||||
16 | and may make this
summary available to the public.
| ||||||
17 | (5) The Board shall evaluate the proposals within a | ||||||
18 | reasonable time and
select no
more than 3 final applicants to | ||||||
19 | make presentations of their
proposals to the Board.
| ||||||
20 | (6) The final applicants shall make their presentations to | ||||||
21 | the
Board on
the same day during an open session of the Board.
| ||||||
22 | (7) As soon as practicable after the public presentations | ||||||
23 | by the final
applicants,
the Board, in its
discretion, may | ||||||
24 | conduct further negotiations among the 3 final applicants.
| ||||||
25 | During such negotiations, each final applicant may increase its | ||||||
26 | license bid or
otherwise enhance its bid proposal. At the |
| |||||||
| |||||||
1 | conclusion of such
negotiations, the Board shall
select the | ||||||
2 | winning proposal. In the case of negotiations for
an owners | ||||||
3 | license, the Board may, at the conclusion of such negotiations,
| ||||||
4 | make the determination allowed under Section 7.3(a).
| ||||||
5 | (8) Upon selection of a winning bid, the Board shall | ||||||
6 | evaluate the winning
bid
within a reasonable period of time for | ||||||
7 | licensee suitability in accordance with
all applicable | ||||||
8 | statutory and regulatory criteria.
| ||||||
9 | (9) If the winning bidder is unable or otherwise fails to
| ||||||
10 | consummate the transaction, (including if the Board determines | ||||||
11 | that the winning
bidder does not satisfy the suitability | ||||||
12 | requirements), the Board may, on the
same criteria, select from | ||||||
13 | the remaining bidders or make the determination
allowed under | ||||||
14 | Section 7.3(a).
| ||||||
15 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
16 | (230 ILCS 10/7.7 new) | ||||||
17 | Sec. 7.7. Electronic gaming. | ||||||
18 | (a) The General Assembly finds that the horse racing and | ||||||
19 | riverboat gambling industries share many similarities and | ||||||
20 | collectively comprise the bulk of the State's gaming industry. | ||||||
21 | One feature common to both industries is that each is highly | ||||||
22 | regulated by the State of Illinois. The General Assembly | ||||||
23 | further finds, however, that despite their shared features each | ||||||
24 | industry is distinct from the other in that horse racing is and | ||||||
25 | continues to be intimately tied to Illinois' agricultural |
| |||||||
| |||||||
1 | economy and is, at its core, a spectator sport. This | ||||||
2 | distinction requires the General Assembly to utilize different | ||||||
3 | methods to regulate and promote the horse racing industry | ||||||
4 | throughout the State. The General Assembly finds that in order | ||||||
5 | to promote live horse racing as a spectator sport in Illinois | ||||||
6 | and the agricultural economy of this State, it is necessary to | ||||||
7 | allow electronic gaming at Illinois race tracks as an ancillary | ||||||
8 | use given the success of other states in increasing live racing | ||||||
9 | purse accounts and improving the quality of horses | ||||||
10 | participating in horse race meetings. | ||||||
11 | (b) The Illinois Gaming Board shall award one electronic | ||||||
12 | gaming license to each person or entity having operating | ||||||
13 | control of a race track that applies under Section 56 of the | ||||||
14 | Illinois Horse Racing Act of 1975, subject to the application | ||||||
15 | and eligibility requirements of this Section. Within 60 days | ||||||
16 | after the effective date of this amendatory Act of the 100th | ||||||
17 | General Assembly, a person or entity having operating control | ||||||
18 | of a race track may submit an application for an electronic | ||||||
19 | gaming license. The application shall be made on such forms as | ||||||
20 | provided by the Board and shall contain such information as the | ||||||
21 | Board prescribes, including, but not limited to, the identity | ||||||
22 | of any race track at which electronic gaming will be conducted, | ||||||
23 | detailed information regarding the ownership and management of | ||||||
24 | the applicant, and detailed personal information regarding the | ||||||
25 | applicant. The application shall specify the number of gaming | ||||||
26 | positions the applicant intends to use and the place where the |
| |||||||
| |||||||
1 | electronic gaming facility will operate. A person who knowingly | ||||||
2 | makes a false statement on an application is guilty of a Class | ||||||
3 | A misdemeanor. | ||||||
4 | Each applicant shall disclose the identity of every person | ||||||
5 | or entity having a direct or indirect pecuniary interest | ||||||
6 | greater than 1% in any race track with respect to which the | ||||||
7 | license is sought. If the disclosed entity is a corporation, | ||||||
8 | the applicant shall disclose the names and addresses of all | ||||||
9 | stockholders and directors. If the disclosed entity is a | ||||||
10 | limited liability company, the applicant shall disclose the | ||||||
11 | names and addresses of all members and managers. If the | ||||||
12 | disclosed entity is a partnership, the applicant shall disclose | ||||||
13 | the names and addresses of all partners, both general and | ||||||
14 | limited. If the disclosed entity is a trust, the applicant | ||||||
15 | shall disclose the names and addresses of all beneficiaries. | ||||||
16 | An application shall be filed and considered in accordance | ||||||
17 | with the rules of the Board. Each application for an electronic | ||||||
18 | gaming license shall include a non-refundable application fee | ||||||
19 | of $100,000. In addition, a non-refundable fee of $50,000 shall | ||||||
20 | be paid at the time of filing to defray the costs associated | ||||||
21 | with background investigations conducted by the Board. If the | ||||||
22 | costs of the background investigation exceed $50,000, the | ||||||
23 | applicant shall pay the additional amount to the Board within 7 | ||||||
24 | days after a request by the Board. If the costs of the | ||||||
25 | investigation are less than $50,000, the applicant shall | ||||||
26 | receive a refund of the remaining amount. All information, |
| |||||||
| |||||||
1 | records, interviews, reports, statements, memoranda, or other | ||||||
2 | data supplied to or used by the Board in the course of this | ||||||
3 | review or investigation of an applicant for an electronic | ||||||
4 | gaming license under this Act shall be privileged and strictly | ||||||
5 | confidential and shall be used only for the purpose of | ||||||
6 | evaluating an applicant for an electronic gaming license or a | ||||||
7 | renewal. Such information, records, interviews, reports, | ||||||
8 | statements, memoranda, or other data shall not be admissible as | ||||||
9 | evidence nor discoverable in any action of any kind in any | ||||||
10 | court or before any tribunal, board, agency or person, except | ||||||
11 | for any action deemed necessary by the Board. The application | ||||||
12 | fee shall be deposited into the Gaming Facilities Fee Revenue | ||||||
13 | Fund. | ||||||
14 | Each applicant shall submit with his or her application, on | ||||||
15 | forms provided by the Board, 2 sets of his or her fingerprints. | ||||||
16 | The Board shall charge each applicant a fee set by the | ||||||
17 | Department of State Police to defray the costs associated with | ||||||
18 | the search and classification of fingerprints obtained by the | ||||||
19 | Board with respect to the applicant's application. This fee | ||||||
20 | shall be paid into the State Police Services Fund. | ||||||
21 | (c) The Board shall determine within 120 days after | ||||||
22 | receiving an application for an electronic gaming license | ||||||
23 | whether to grant an electronic gaming license to the applicant. | ||||||
24 | If the Board does not make a determination within that time | ||||||
25 | period, then the Board shall give a written explanation to the | ||||||
26 | applicant as to why it has not reached a determination and when |
| |||||||
| |||||||
1 | it reasonably expects to make a determination. | ||||||
2 | The electronic gaming licensee shall purchase up to the | ||||||
3 | amount of electronic gaming positions authorized under this Act | ||||||
4 | within 120 days after receiving its electronic gaming license. | ||||||
5 | If an electronic gaming licensee is prepared to purchase the | ||||||
6 | electronic gaming positions, but is temporarily prohibited | ||||||
7 | from doing so by order of a court of competent jurisdiction or | ||||||
8 | the Board, then the 120-day period is tolled until a resolution | ||||||
9 | is reached. | ||||||
10 | An electronic gaming license shall authorize its holder to | ||||||
11 | conduct electronic gaming at its race track at the following | ||||||
12 | times: | ||||||
13 | (1) On days when it conducts live racing at the track | ||||||
14 | where its electronic gaming facility is located, from 8:00 | ||||||
15 | a.m. until 3:00 a.m. on the following day. | ||||||
16 | (2) On days when it is scheduled to conduct simulcast | ||||||
17 | wagering on races run in the United States, from 8:00 a.m. | ||||||
18 | until 3:00 a.m. on the following day. | ||||||
19 | Additionally, the Board may extend these days of operation | ||||||
20 | and hours upon request by an organization licensee as the Board | ||||||
21 | sees fit. | ||||||
22 | A license to conduct electronic gaming and any renewal of | ||||||
23 | an electronic gaming license shall authorize electronic gaming | ||||||
24 | for a period of 4 years. The fee for the issuance or renewal of | ||||||
25 | an electronic gaming license shall be $100,000. | ||||||
26 | (d) To be eligible to conduct electronic gaming, a person |
| |||||||
| |||||||
1 | or entity having operating control of a race track must (i) | ||||||
2 | obtain an electronic gaming license, (ii) hold an organization | ||||||
3 | license under the Illinois Horse Racing Act of 1975, (iii) hold | ||||||
4 | an inter-track wagering license, (iv) pay an initial fee of | ||||||
5 | $30,000 per gaming position from electronic gaming licensees | ||||||
6 | where electronic gaming is conducted in Cook County and $17,500 | ||||||
7 | for electronic gaming licensees where electronic gaming is | ||||||
8 | located outside of Cook County before beginning to conduct | ||||||
9 | electronic gaming plus make the reconciliation payment | ||||||
10 | required under subsection (i), (v) conduct at least 240 live | ||||||
11 | races at each track per year or for a licensee that is only | ||||||
12 | authorized 350 gaming positions pursuant to subsection (d) of | ||||||
13 | Section 7.7 of this Act, have a fully operational facility | ||||||
14 | running at least 96 live races over a period of at least 15 | ||||||
15 | days per year until such time as the total number of gaming | ||||||
16 | positions is increased to 900, (vi) meet the requirements of | ||||||
17 | subsection (a) of Section 56 of the Illinois Horse Racing Act | ||||||
18 | of 1975, (vii) for organization licensees conducting | ||||||
19 | standardbred race meetings that had an open backstretch in | ||||||
20 | 2009, keep backstretch barns and dormitories open and | ||||||
21 | operational year-round unless a lesser schedule is mutually | ||||||
22 | agreed to by the organization licensee and the horsemen's | ||||||
23 | association racing at that organization licensee's race | ||||||
24 | meeting, (viii) for organization licensees conducting | ||||||
25 | thoroughbred race meetings, the organization licensee must | ||||||
26 | maintain accident medical expense liability insurance coverage |
| |||||||
| |||||||
1 | of $1,000,000 for jockeys, and (ix) meet all other requirements | ||||||
2 | of this Act that apply to owners licensees. Only those persons | ||||||
3 | or entities (or its successors or assigns) that had operating | ||||||
4 | control of a race track and held an inter-track wagering | ||||||
5 | license authorized by the Illinois Racing Board in 2009 are | ||||||
6 | eligible. | ||||||
7 | An electronic gaming licensee may enter into a joint | ||||||
8 | venture with a licensed owner to own, manage, conduct, or | ||||||
9 | otherwise operate the electronic gaming licensee's electronic | ||||||
10 | gaming facilities, unless the electronic gaming licensee has a | ||||||
11 | parent company or other affiliated company that is, directly or | ||||||
12 | indirectly, wholly owned by a parent company that is also | ||||||
13 | licensed to conduct electronic gaming, casino gaming, or their | ||||||
14 | equivalent in another state. | ||||||
15 | All payments by licensees under this subsection (c) shall | ||||||
16 | be deposited into the Gaming Facilities Fee Revenue Fund. | ||||||
17 | (e) A person or entity is ineligible to receive an | ||||||
18 | electronic gaming license if: | ||||||
19 | (1) the person or entity has been convicted of a felony | ||||||
20 | under the laws of this State, any other state, or the | ||||||
21 | United States, including a conviction under the Racketeer | ||||||
22 | Influenced and Corrupt Organizations Act; | ||||||
23 | (2) the person or entity has been convicted of any | ||||||
24 | violation of Article 28 of the Criminal Code of 2012, or | ||||||
25 | substantially similar laws of any other jurisdiction; | ||||||
26 | (3) the person or entity has submitted an application |
| |||||||
| |||||||
1 | for a license under this Act that contains false | ||||||
2 | information; | ||||||
3 | (4) the person is a member of the Board; | ||||||
4 | (5) a person defined in (1), (2), (3), or (4) of this | ||||||
5 | subsection (e) is an officer, director, or managerial | ||||||
6 | employee of the entity; | ||||||
7 | (6) the person or entity employs a person defined in | ||||||
8 | (1), (2), (3), or (4) of this subsection (e) who | ||||||
9 | participates in the management or operation of gambling | ||||||
10 | operations authorized under this Act; or | ||||||
11 | (7) a license of the person or entity issued under this | ||||||
12 | Act or a license to own or operate gambling facilities in | ||||||
13 | any other jurisdiction has been revoked. | ||||||
14 | (f) The Board may approve electronic gaming positions | ||||||
15 | statewide as provided in this Section. The authority to operate | ||||||
16 | electronic gaming positions under this Section shall be | ||||||
17 | allocated as follows: up to 1,200 gaming positions for any | ||||||
18 | electronic gaming licensee in Cook County whose electronic | ||||||
19 | gaming license originates with an organization licensee that | ||||||
20 | conducted live racing in calendar year 2010; up to 900 gaming | ||||||
21 | positions for any electronic gaming licensee outside of Cook | ||||||
22 | County whose electronic gaming license originates with an | ||||||
23 | organization licensee that conducted live racing in calendar | ||||||
24 | year 2010; and up to 350 gaming positions for any electronic | ||||||
25 | gaming licensee whose electronic gaming license originates | ||||||
26 | with an organization licensee that did not conduct live racing |
| |||||||
| |||||||
1 | in calendar year 2010, which shall increase to 900 gaming | ||||||
2 | positions in the calendar year following the year in which the | ||||||
3 | electronic gaming licensee conducts 96 live races. | ||||||
4 | (g) Each applicant for an electronic gaming license shall | ||||||
5 | specify in its application for licensure the number of gaming | ||||||
6 | positions it will operate, up to the applicable limitation set | ||||||
7 | forth in subsection (f) of this Section. Any unreserved gaming | ||||||
8 | positions that are not specified shall be forfeited and | ||||||
9 | retained by the Board. For the purposes of this subsection (g), | ||||||
10 | an electronic gaming licensee that did not conduct live racing | ||||||
11 | in 2010 may reserve up to 900 positions and shall not be | ||||||
12 | penalized under this Section for not operating those positions | ||||||
13 | until it meets the requirements of subsection (f) of this | ||||||
14 | Section, but such licensee shall not request unreserved gaming | ||||||
15 | positions under this subsection (g) until its 900 positions are | ||||||
16 | all operational. | ||||||
17 | Thereafter, the Board shall publish the number of | ||||||
18 | unreserved electronic gaming positions and shall accept | ||||||
19 | requests for additional positions from any electronic gaming | ||||||
20 | licensee that initially reserved all of the positions that were | ||||||
21 | offered. The Board shall allocate expeditiously the unreserved | ||||||
22 | electronic gaming positions to requesting electronic gaming | ||||||
23 | licensees in a manner that maximizes revenue to the State. The | ||||||
24 | Board may allocate any such unused electronic gaming positions | ||||||
25 | pursuant to an open and competitive bidding process, as | ||||||
26 | provided under Section 7.5 of this Act. This process shall |
| |||||||
| |||||||
1 | continue until all unreserved gaming positions have been | ||||||
2 | purchased. All positions obtained pursuant to this process and | ||||||
3 | all positions the electronic gaming licensee specified it would | ||||||
4 | operate in its application must be in operation within 18 | ||||||
5 | months after they were obtained or the electronic gaming | ||||||
6 | licensee forfeits the right to operate those positions, but is | ||||||
7 | not entitled to a refund of any fees paid. The Board may, after | ||||||
8 | holding a public hearing, grant extensions so long as the | ||||||
9 | electronic gaming licensee is working in good faith to make the | ||||||
10 | positions operational. The extension may be for a period of 6 | ||||||
11 | months. If, after the period of the extension, the electronic | ||||||
12 | gaming licensee has not made the positions operational, then | ||||||
13 | another public hearing must be held by the Board before it may | ||||||
14 | grant another extension. | ||||||
15 | Unreserved gaming positions retained from and allocated to | ||||||
16 | electronic gaming licensees by the Board pursuant to this | ||||||
17 | subsection (g) shall not be allocated to owners licensees | ||||||
18 | pursuant to subsection (h-10) of Section 7 of this Act. | ||||||
19 | For the purpose of this subsection (g), the unreserved | ||||||
20 | gaming positions for each electronic gaming licensee shall be | ||||||
21 | the applicable limitation set forth in subsection (f) of this | ||||||
22 | Section, less the number of reserved gaming positions by such | ||||||
23 | electronic gaming licensee, and the total unreserved gaming | ||||||
24 | positions shall be the aggregate of the unreserved gaming | ||||||
25 | positions for all electronic gaming licensees. | ||||||
26 | (h) Subject to the approval of the Illinois Gaming Board, |
| |||||||
| |||||||
1 | an electronic gaming licensee may make modification or | ||||||
2 | additions to any existing buildings and structures to comply | ||||||
3 | with the requirements of this Act. The Illinois Gaming Board | ||||||
4 | shall make its decision after consulting with the Illinois | ||||||
5 | Racing Board. In no case, however, shall the Illinois Gaming | ||||||
6 | Board approve any modification or addition that alters the | ||||||
7 | grounds of the organizational licensee such that the act of | ||||||
8 | live racing is an ancillary activity to electronic gaming.
| ||||||
9 | Electronic gaming may take place in existing structures where | ||||||
10 | inter-track wagering is conducted at the race track or a | ||||||
11 | facility within 300 yards of the race track in accordance with | ||||||
12 | the provisions of this Act and the Illinois Horse Racing Act of | ||||||
13 | 1975. | ||||||
14 | (i) An electronic gaming licensee may conduct electronic | ||||||
15 | gaming at a temporary facility pending the construction of a | ||||||
16 | permanent facility or the remodeling or relocation of an | ||||||
17 | existing facility to accommodate electronic gaming | ||||||
18 | participants for up to 24 months after the temporary facility | ||||||
19 | begins to conduct electronic gaming. Upon request by an | ||||||
20 | electronic gaming licensee and upon a showing of good cause by | ||||||
21 | the electronic gaming licensee, the Board shall extend the | ||||||
22 | period during which the licensee may conduct electronic gaming | ||||||
23 | at a temporary facility by up to 12 months. The Board shall | ||||||
24 | make rules concerning the conduct of electronic gaming from | ||||||
25 | temporary facilities. | ||||||
26 | Electronic gaming may take place in existing structures |
| |||||||
| |||||||
1 | where inter-track wagering is conducted at the race track or a | ||||||
2 | facility within 300 yards of the race track in accordance with | ||||||
3 | the provisions of this Act and the Illinois Horse Racing Act of | ||||||
4 | 1975. Any electronic gaming conducted at a permanent facility | ||||||
5 | within 300 yards of the race track in accordance with this Act | ||||||
6 | and the Illinois Horse Racing Act of 1975 shall have an | ||||||
7 | all-weather egress connecting the electronic gaming facility | ||||||
8 | and the race track facility or, on days and hours of live | ||||||
9 | racing, a complimentary shuttle service between the permanent | ||||||
10 | electronic gaming facility and the race track facility and | ||||||
11 | shall not charge electronic gaming participants an additional | ||||||
12 | admission fee to the race track facility. | ||||||
13 | (j) The Illinois Gaming Board must adopt emergency rules in | ||||||
14 | accordance with Section 5-45 of the Illinois Administrative | ||||||
15 | Procedure Act as necessary to ensure compliance with the | ||||||
16 | provisions of this amendatory Act of the 100th General Assembly
| ||||||
17 | concerning electronic gaming. The adoption of emergency rules | ||||||
18 | authorized by this subsection (j) shall be deemed to be | ||||||
19 | necessary for the public interest, safety, and welfare. | ||||||
20 | (k) Each electronic gaming licensee who obtains electronic | ||||||
21 | gaming positions must make a reconciliation payment 3 years | ||||||
22 | after the date the electronic gaming licensee begins operating | ||||||
23 | the positions in an amount equal to 75% of the difference | ||||||
24 | between its adjusted gross receipts from electronic gaming and | ||||||
25 | amounts paid to its purse accounts pursuant to item (1) of | ||||||
26 | subsection (b) of Section 56 of the Illinois Horse Racing Act |
| |||||||
| |||||||
1 | of 1975 for the 12-month period for which such difference was | ||||||
2 | the largest, minus an amount equal to the initial per position | ||||||
3 | fee paid by the electronic gaming licensee. If this calculation | ||||||
4 | results in a negative amount, then the electronic gaming | ||||||
5 | licensee is not entitled to any reimbursement of fees | ||||||
6 | previously paid. This reconciliation payment may be made in | ||||||
7 | installments over a period of no more than 2 years, subject to | ||||||
8 | Board approval. Any installment payments shall include an | ||||||
9 | annual market interest rate as determined by the Board. | ||||||
10 | All payments by licensees under this subsection (i) shall | ||||||
11 | be deposited into the Gaming Facilities Fee Revenue Fund. | ||||||
12 | (l) As soon as practical after a request is made by the | ||||||
13 | Illinois Gaming Board, to minimize duplicate submissions by the | ||||||
14 | applicant, the Illinois Racing Board must provide information | ||||||
15 | on an applicant for an electronic gaming license to the | ||||||
16 | Illinois Gaming Board. | ||||||
17 | (m) Subject to the approval of the Illinois Gaming Board, | ||||||
18 | an organization licensee that has received an electronic gaming | ||||||
19 | license under this Act and has operating control of a race | ||||||
20 | track facility located in Cook County may relocate its race | ||||||
21 | track facility as follows: | ||||||
22 | (1) the organization licensee may relocate within a | ||||||
23 | 3-mile radius of its existing race track facility so long | ||||||
24 | as the organization licensee remains in Cook County and | ||||||
25 | submits its plan to construct a new structure to conduct | ||||||
26 | electronic gaming operations; and |
| |||||||
| |||||||
1 | (2) the organization licensee may not relocate within a | ||||||
2 | 5-mile radius of a riverboat if the owners license was | ||||||
3 | issued prior to December 31, 2011. | ||||||
4 | The relocation must include the race track facility, including | ||||||
5 | the race track operations used to conduct live racing and the | ||||||
6 | electronic gaming facility in its entirety. For the purposes of | ||||||
7 | this subsection (m), "race track facility" means all operations | ||||||
8 | conducted on the race track property for which it was awarded a | ||||||
9 | license for pari-mutuel wagering and live racing in the year | ||||||
10 | 2010, except for the real estate itself. The Illinois Gaming | ||||||
11 | Board shall make its decision after consulting with the | ||||||
12 | Illinois Racing Board, and any relocation application shall be | ||||||
13 | subject to all of the provisions of this Act and the Illinois | ||||||
14 | Horse Racing Act of 1975. | ||||||
15 | (230 ILCS 10/7.8 new)
| ||||||
16 | Sec. 7.8. Home rule. The regulation and licensing of | ||||||
17 | electronic gaming and electronic gaming licensees are | ||||||
18 | exclusive powers and functions of the State. A home rule unit | ||||||
19 | may not regulate or license electronic gaming or electronic | ||||||
20 | gaming licensees. This Section is a denial and limitation of | ||||||
21 | home rule powers and functions under subsection (h) of Section
| ||||||
22 | 6 of Article VII of the Illinois Constitution. | ||||||
23 | (230 ILCS 10/7.9 new) | ||||||
24 | Sec. 7.9. Casino operator license. |
| |||||||
| |||||||
1 | (a) A qualified person may apply to the Board for a casino | ||||||
2 | operator license to
operate
and manage any gambling operation | ||||||
3 | conducted by the Authority. The application shall
be
made on | ||||||
4 | forms provided by the Board and shall contain such information | ||||||
5 | as the
Board
prescribes, including but not limited to | ||||||
6 | information required in Sections 6(a),
(b), and
(c) and | ||||||
7 | information relating to the applicant's proposed price to | ||||||
8 | manage the Authority's gambling
operations and to provide the | ||||||
9 | casino, gambling equipment, and supplies
necessary to
conduct | ||||||
10 | Authority gambling operations. The application shall also | ||||||
11 | include a non-refundable application fee of $100,000. This | ||||||
12 | application fee shall be deposited into the Gaming Facilities | ||||||
13 | Fee Revenue Fund. | ||||||
14 | (b) A person or entity is ineligible to receive a casino | ||||||
15 | operator license if:
| ||||||
16 | (1) the person has been convicted of a felony under the | ||||||
17 | laws of this
State, any other state, or the United States;
| ||||||
18 | (2) the person has been convicted of any violation of | ||||||
19 | Article 28 of
the Criminal Code of 2012, or substantially | ||||||
20 | similar laws of any other
jurisdiction;
| ||||||
21 | (3) the person has submitted an application for a | ||||||
22 | license under this
Act or the Chicago Casino Development | ||||||
23 | Authority Act which contains false information;
| ||||||
24 | (4) the person is a member of the Board or the Chicago | ||||||
25 | Casino Development Board or the person is an official or | ||||||
26 | employee of the Chicago Casino Development Authority or the |
| |||||||
| |||||||
1 | City of Chicago;
| ||||||
2 | (5) a person defined in (1), (2), (3), or (4) is an | ||||||
3 | officer, director, or
managerial employee of the entity;
| ||||||
4 | (6) the entity employs a person defined in (1), (2), | ||||||
5 | (3),
or (4) who participates in the management or operation | ||||||
6 | of gambling
operations authorized under this Act; or
| ||||||
7 | (7) a license of the person or entity issued under this | ||||||
8 | Act,
or
a license to own or operate gambling facilities in | ||||||
9 | any other jurisdiction, has
been revoked.
| ||||||
10 | (c) In determining whether to grant a casino operator | ||||||
11 | license, the
Board shall consider:
| ||||||
12 | (1) the character, reputation, experience and | ||||||
13 | financial integrity of the
applicants and of any other or | ||||||
14 | separate person that either:
| ||||||
15 | (A) controls, directly or indirectly, such | ||||||
16 | applicant, or
| ||||||
17 | (B) is controlled, directly or indirectly, by such | ||||||
18 | applicant or by a
person which controls, directly or | ||||||
19 | indirectly, such applicant;
| ||||||
20 | (2) the facilities or proposed facilities for the | ||||||
21 | conduct of
gambling;
| ||||||
22 | (3) the preference of the municipality in which the | ||||||
23 | licensee will operate;
| ||||||
24 | (4) the extent to which the ownership of the applicant | ||||||
25 | reflects the
diversity of the State by including minority | ||||||
26 | persons and females
and the good faith affirmative action |
| |||||||
| |||||||
1 | plan of
each applicant to recruit, train, and upgrade | ||||||
2 | minority persons and females in all employment | ||||||
3 | classifications;
| ||||||
4 | (5) the financial ability of the applicant to purchase | ||||||
5 | and maintain
adequate liability and casualty insurance;
| ||||||
6 | (6) whether the applicant has adequate capitalization | ||||||
7 | to provide and
maintain, for the duration of a license, a | ||||||
8 | casino; and
| ||||||
9 | (7) the extent to which the applicant exceeds or meets | ||||||
10 | other standards
for the issuance of a casino operator | ||||||
11 | license that the Board may adopt by rule.
| ||||||
12 | (d) Each applicant shall submit with his or her | ||||||
13 | application, on forms
prescribed by
the Board, 2 sets of his or | ||||||
14 | her fingerprints. The Board shall charge each applicant a fee | ||||||
15 | set by the Department of State Police to defray the costs | ||||||
16 | associated with the search and classification of fingerprints | ||||||
17 | obtained by the Board with respect to the applicant's | ||||||
18 | application. This fee shall be paid into the State Police | ||||||
19 | Services Fund.
| ||||||
20 | (e) A person who knowingly makes a false statement on an | ||||||
21 | application is
guilty of a Class A misdemeanor.
| ||||||
22 | (f) The Board shall charge each applicant a non-refundable | ||||||
23 | fee of $50,000 to defray the costs associated with the | ||||||
24 | background investigation conducted by the Board. This fee shall | ||||||
25 | be exclusive of any other fee or fees charged in connection | ||||||
26 | with an application for and, if applicable, the issuance of, a |
| |||||||
| |||||||
1 | casino operator license. If the costs of the investigation | ||||||
2 | exceed $50,000, the Board shall immediately notify the | ||||||
3 | applicant of the additional amount owed, payment of which must | ||||||
4 | be submitted to the Board within 7 days after such | ||||||
5 | notification. All information, records, interviews, reports, | ||||||
6 | statements, memoranda, or other data supplied to or used by the | ||||||
7 | Board in the course of its review or investigation of an | ||||||
8 | application for a license or a renewal under this Act shall be | ||||||
9 | privileged and strictly confidential and shall be used only for | ||||||
10 | the purpose of evaluating an applicant for a license or a | ||||||
11 | renewal. Such information, records, interviews, reports, | ||||||
12 | statements, memoranda, or other data shall not be admissible as | ||||||
13 | evidence, nor discoverable in any action of any kind in any | ||||||
14 | court or before any tribunal, board, agency, or person, except | ||||||
15 | for any action deemed necessary by the Board. | ||||||
16 | (g) The casino operator license shall be issued only upon | ||||||
17 | proof that the applicant has entered into a labor peace | ||||||
18 | agreement with each labor organization that is actively engaged | ||||||
19 | in representing and attempting to represent casino and | ||||||
20 | hospitality industry workers in this State. The labor peace | ||||||
21 | agreement must be a valid and enforceable agreement under 29 | ||||||
22 | U.S.C. 185 that protects the city's and State's revenues from | ||||||
23 | the operation of the casino facility by prohibiting the labor | ||||||
24 | organization and its members from engaging in any picketing, | ||||||
25 | work stoppages, boycotts, or any other economic interference | ||||||
26 | with the casino facility for at least the first 5 years of the |
| |||||||
| |||||||
1 | casino license and must cover all operations at the casino | ||||||
2 | facility that are conducted by lessees or tenants or under | ||||||
3 | management agreements. | ||||||
4 | (h) The casino operator license shall be for a term of 4 | ||||||
5 | years, shall
be
renewable by the Board, and shall contain such | ||||||
6 | terms and
provisions as the Board deems necessary to protect or | ||||||
7 | enhance the
credibility and integrity of State gambling | ||||||
8 | operations, achieve the highest
prospective total revenue to | ||||||
9 | the State, and otherwise serve the interests of
the citizens of | ||||||
10 | Illinois. The Board may suspend, restrict, or revoke the | ||||||
11 | license: | ||||||
12 | (1) for violation of any provision of this Act; | ||||||
13 | (2) for violation of any rules of the Board; | ||||||
14 | (3) for any cause which, if known to the Board, would | ||||||
15 | have disqualified the applicant from receiving the | ||||||
16 | license; or | ||||||
17 | (4) for any other just cause. | ||||||
18 | (230 ILCS 10/7.10 new) | ||||||
19 | Sec. 7.10. Diversity program. | ||||||
20 | (a) Each owners licensee, electronic gaming licensee, | ||||||
21 | casino operator licensee, and suppliers licensee shall | ||||||
22 | establish and maintain a diversity program to ensure | ||||||
23 | non-discrimination in the award and administration of | ||||||
24 | contracts. The programs shall establish goals of awarding not | ||||||
25 | less than 20% of the annual dollar value of all contracts, |
| |||||||
| |||||||
1 | purchase orders, or other agreements to minority-owned | ||||||
2 | businesses and 5% of the annual dollar value of all contracts | ||||||
3 | to female-owned businesses. | ||||||
4 | (b) Each owners licensee, electronic gaming licensee, | ||||||
5 | casino operator licensee, and suppliers licensee shall | ||||||
6 | establish and maintain a diversity program designed to promote | ||||||
7 | equal opportunity for employment. The program shall establish | ||||||
8 | hiring goals as the Board and each licensee determines | ||||||
9 | appropriate. The Board shall monitor the progress of the gaming | ||||||
10 | licensee's progress with respect to the program's goals. | ||||||
11 | (c) No later than May 31 of each year, each licensee shall | ||||||
12 | report to the Board the number of respective employees and the | ||||||
13 | number of their respective employees who have designated | ||||||
14 | themselves as members of a minority group and gender. In | ||||||
15 | addition, all licensees shall submit a report with respect to | ||||||
16 | the minority-owned and female-owned businesses program created | ||||||
17 | in this Section to the Board. | ||||||
18 | (230 ILCS 10/7.11 new) | ||||||
19 | Sec. 7.11. Annual report on diversity. | ||||||
20 | (a) Each licensee that receives a license under Sections 7, | ||||||
21 | 7.1, and 7.7 shall execute and file a report with the Board no | ||||||
22 | later than December 31 of each year that shall contain, but not | ||||||
23 | be limited to, the following information: | ||||||
24 | (i) a good faith affirmative action plan to recruit, | ||||||
25 | train, and upgrade minority persons, females, and persons |
| |||||||
| |||||||
1 | with a disability in all employment classifications; | ||||||
2 | (ii) the total dollar amount of contracts that were | ||||||
3 | awarded to businesses owned by minority persons, females, | ||||||
4 | and persons with a disability; | ||||||
5 | (iii) the total number of businesses owned by minority | ||||||
6 | persons, females, and persons with a disability that were | ||||||
7 | utilized by the licensee; | ||||||
8 | (iv) the utilization of businesses owned by minority | ||||||
9 | persons, females, and persons with disabilities during the | ||||||
10 | preceding year; and | ||||||
11 | (v) the outreach efforts used by the licensee to | ||||||
12 | attract investors and businesses consisting of minority | ||||||
13 | persons, females, and persons with a disability. | ||||||
14 | (b) The Board shall forward a copy of each licensee's | ||||||
15 | annual reports to the General Assembly no later than February 1 | ||||||
16 | of each year. | ||||||
17 | (230 ILCS 10/7.12 new) | ||||||
18 | Sec. 7.12. Issuance of new owners licenses. | ||||||
19 | (a) Except for the owners license issued to the Chicago | ||||||
20 | Casino Development Authority, owners licenses newly authorized | ||||||
21 | pursuant to this amendatory Act of the 100th General Assembly | ||||||
22 | may be issued by the Board to a qualified applicant pursuant to | ||||||
23 | an open and competitive bidding process, as set forth in | ||||||
24 | Section 7.5, and subject to the maximum number of authorized | ||||||
25 | licenses set forth in subsection (e-5) of Section 7 of this |
| |||||||
| |||||||
1 | Act. | ||||||
2 | (b) To be a qualified applicant, a person or entity may not | ||||||
3 | be ineligible to receive an owners license under subsection (a) | ||||||
4 | of Section 7 of this Act and must submit an application for an | ||||||
5 | owners license that complies with Section 6 of this Act. | ||||||
6 | (c) In determining whether to grant an owners license to an | ||||||
7 | applicant, the Board shall consider all of the factors set | ||||||
8 | forth in subsections (b) and (e-10) of Section 7 of this Act, | ||||||
9 | as well as the amount of the applicant's license bid. The Board | ||||||
10 | may grant the owners license to an applicant that has not | ||||||
11 | submitted the highest license bid, but if it does not select | ||||||
12 | the highest bidder, the Board shall issue a written decision | ||||||
13 | explaining why another applicant was selected and identifying | ||||||
14 | the factors set forth in subsections (b) and (e-10) of Section | ||||||
15 | 7 of this Act that favored the winning bidder. | ||||||
16 | (230 ILCS 10/7.13 new) | ||||||
17 | Sec. 7.13. Environmental standards. All permanent | ||||||
18 | casinos, riverboats, and electronic gaming facilities shall | ||||||
19 | consist of buildings that are certified as meeting the U.S. | ||||||
20 | Green Building Council's Leadership in Energy and | ||||||
21 | Environmental Design standards. The provisions of this Section | ||||||
22 | apply to a holder of an owners license, casino operator | ||||||
23 | license, or electronic gaming license that (i) begins | ||||||
24 | operations on or after January 1, 2017 or (ii) relocates its | ||||||
25 | facilities on or after the effective date of this amendatory |
| |||||||
| |||||||
1 | Act of the 100th General Assembly.
| ||||||
2 | (230 ILCS 10/8) (from Ch. 120, par. 2408)
| ||||||
3 | Sec. 8. Suppliers licenses.
| ||||||
4 | (a) The Board may issue a suppliers license to such | ||||||
5 | persons, firms or
corporations which apply therefor upon the | ||||||
6 | payment of a non-refundable
application fee set by the Board, | ||||||
7 | upon a determination by the Board that
the applicant is | ||||||
8 | eligible for a suppliers license and upon payment of a
$5,000 | ||||||
9 | annual license
fee.
| ||||||
10 | (b) The holder of a suppliers license is authorized to sell | ||||||
11 | or lease,
and to contract to sell or lease, gambling equipment | ||||||
12 | and supplies to any
licensee involved in the ownership or | ||||||
13 | management of gambling operations.
| ||||||
14 | (c) Gambling supplies and equipment may not be distributed
| ||||||
15 | unless supplies and equipment conform to standards adopted by
| ||||||
16 | rules of the Board.
| ||||||
17 | (d) A person, firm or corporation is ineligible to receive | ||||||
18 | a suppliers
license if:
| ||||||
19 | (1) the person has been convicted of a felony under the | ||||||
20 | laws of this
State, any other state, or the United States;
| ||||||
21 | (2) the person has been convicted of any violation of | ||||||
22 | Article 28 of the
Criminal Code of 1961 or the Criminal | ||||||
23 | Code of 2012, or substantially similar laws of any other | ||||||
24 | jurisdiction;
| ||||||
25 | (3) the person has submitted an application for a |
| |||||||
| |||||||
1 | license under this
Act which contains false information;
| ||||||
2 | (4) the person is a member of the Board;
| ||||||
3 | (5) the entity firm or corporation is one in which a | ||||||
4 | person defined in (1),
(2), (3) or (4), is an officer, | ||||||
5 | director or managerial employee;
| ||||||
6 | (6) the firm or corporation employs a person who | ||||||
7 | participates in the
management or operation of riverboat | ||||||
8 | gambling authorized under this Act or the Chicago Casino | ||||||
9 | Development Authority Act ;
| ||||||
10 | (7) the license of the person, firm or corporation | ||||||
11 | issued under
this Act or the Chicago Casino Development | ||||||
12 | Authority Act , or a license to own or operate gambling | ||||||
13 | facilities
in any other jurisdiction, has been revoked.
| ||||||
14 | (e) Any person that supplies any equipment, devices, or | ||||||
15 | supplies to a
licensed riverboat gambling operation or casino | ||||||
16 | or electronic gaming operation must first obtain a suppliers
| ||||||
17 | license. A supplier shall furnish to the Board a list of all | ||||||
18 | equipment,
devices and supplies offered for sale or lease in | ||||||
19 | connection with gambling
games authorized under this Act. A | ||||||
20 | supplier shall keep books and records
for the furnishing of | ||||||
21 | equipment, devices and supplies to gambling
operations | ||||||
22 | separate and distinct from any other business that the supplier
| ||||||
23 | might operate. A supplier shall file a quarterly return with | ||||||
24 | the Board
listing all sales and leases. A supplier shall | ||||||
25 | permanently affix its name or a distinctive logo or other mark | ||||||
26 | or design element identifying the manufacturer or supplier
to |
| |||||||
| |||||||
1 | all its equipment, devices, and supplies, except gaming chips | ||||||
2 | without a value impressed, engraved, or imprinted on it, for | ||||||
3 | gambling operations.
The Board may waive this requirement for | ||||||
4 | any specific product or products if it determines that the | ||||||
5 | requirement is not necessary to protect the integrity of the | ||||||
6 | game. Items purchased from a licensed supplier may continue to | ||||||
7 | be used even though the supplier subsequently changes its name, | ||||||
8 | distinctive logo, or other mark or design element; undergoes a | ||||||
9 | change in ownership; or ceases to be licensed as a supplier for | ||||||
10 | any reason. Any supplier's equipment, devices or supplies which | ||||||
11 | are used by any person
in an unauthorized gambling operation | ||||||
12 | shall be forfeited to the State. A holder of an owners license | ||||||
13 | or an electronic gaming license A
licensed owner may own its | ||||||
14 | own equipment, devices and supplies. Each
holder of an owners | ||||||
15 | license or an electronic gaming license under the Act shall | ||||||
16 | file an annual report
listing its inventories of gambling | ||||||
17 | equipment, devices and supplies.
| ||||||
18 | (f) Any person who knowingly makes a false statement on an | ||||||
19 | application
is guilty of a Class A misdemeanor.
| ||||||
20 | (g) Any gambling equipment, devices and supplies provided | ||||||
21 | by any
licensed supplier may either be repaired on the | ||||||
22 | riverboat , in the casino, or at the electronic gaming facility | ||||||
23 | or removed from
the riverboat , casino, or electronic gaming | ||||||
24 | facility to a an on-shore facility owned by the holder of an | ||||||
25 | owners
license or electronic gaming license for repair.
| ||||||
26 | (Source: P.A. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13; |
| |||||||
| |||||||
1 | 98-756, eff. 7-16-14.)
| ||||||
2 | (230 ILCS 10/9) (from Ch. 120, par. 2409)
| ||||||
3 | Sec. 9. Occupational licenses.
| ||||||
4 | (a) The Board may issue an occupational license to an | ||||||
5 | applicant upon the
payment of a non-refundable fee set by the | ||||||
6 | Board, upon a determination by
the Board that the applicant is | ||||||
7 | eligible for an occupational license and
upon payment of an | ||||||
8 | annual license fee in an amount to be established. To
be | ||||||
9 | eligible for an occupational license, an applicant must:
| ||||||
10 | (1) be at least 21 years of age if the applicant will | ||||||
11 | perform any
function involved in gaming by patrons. Any | ||||||
12 | applicant seeking an
occupational license for a non-gaming | ||||||
13 | function shall be at least 18 years
of age;
| ||||||
14 | (2) not have been convicted of a felony offense, a | ||||||
15 | violation of Article
28 of the Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012, or a similar statute of any other
| ||||||
17 | jurisdiction;
| ||||||
18 | (2.5) not have been convicted of a crime, other than a | ||||||
19 | crime described in item (2) of this subsection (a), | ||||||
20 | involving dishonesty or moral turpitude, except that the | ||||||
21 | Board may, in its discretion, issue an occupational license | ||||||
22 | to a person who has been convicted of a crime described in | ||||||
23 | this item (2.5) more than 10 years prior to his or her | ||||||
24 | application and has not subsequently been convicted of any | ||||||
25 | other crime;
|
| |||||||
| |||||||
1 | (3) have demonstrated a level of skill or knowledge | ||||||
2 | which the Board
determines to be necessary in order to | ||||||
3 | operate gambling aboard a riverboat , in a casino, or at an | ||||||
4 | electronic gaming facility ; and
| ||||||
5 | (4) have met standards for the holding of an | ||||||
6 | occupational license as
adopted by rules of the Board. Such | ||||||
7 | rules shall provide that any person or
entity seeking an | ||||||
8 | occupational license to manage gambling operations
under | ||||||
9 | this Act or the Chicago Casino Development Authority Act | ||||||
10 | hereunder shall be subject to background inquiries and | ||||||
11 | further requirements
similar to those required of | ||||||
12 | applicants for an owners license.
Furthermore, such rules | ||||||
13 | shall provide that each such entity shall be
permitted to | ||||||
14 | manage gambling operations for only one licensed owner.
| ||||||
15 | (b) Each application for an occupational license shall be | ||||||
16 | on forms
prescribed by the Board and shall contain all | ||||||
17 | information required by the
Board. The applicant shall set | ||||||
18 | forth in the application: whether he has been
issued prior | ||||||
19 | gambling related licenses; whether he has been licensed in any
| ||||||
20 | other state under any other name, and, if so, such name and his | ||||||
21 | age; and
whether or not a permit or license issued to him in | ||||||
22 | any other state has
been suspended, restricted or revoked, and, | ||||||
23 | if so, for what period of time.
| ||||||
24 | (c) Each applicant shall submit with his application, on | ||||||
25 | forms provided
by the Board, 2 sets of his fingerprints. The | ||||||
26 | Board shall charge each
applicant a fee set by the Department |
| |||||||
| |||||||
1 | of State Police to defray the costs
associated with the search | ||||||
2 | and classification of fingerprints obtained by
the Board with | ||||||
3 | respect to the applicant's application. These fees shall be
| ||||||
4 | paid into the State Police Services Fund.
| ||||||
5 | (d) The Board may in its discretion refuse an occupational | ||||||
6 | license to
any person: (1) who is unqualified to perform the | ||||||
7 | duties required of such
applicant; (2) who fails to disclose or | ||||||
8 | states falsely any information
called for in the application; | ||||||
9 | (3) who has been found guilty of a
violation of this Act or the | ||||||
10 | Chicago Casino Development Authority Act or whose prior | ||||||
11 | gambling related license or
application therefor has been | ||||||
12 | suspended, restricted, revoked or denied for
just cause in any | ||||||
13 | other state; or (4) for any other just cause.
| ||||||
14 | (e) The Board may suspend, revoke or restrict any | ||||||
15 | occupational licensee:
(1) for violation of any provision of | ||||||
16 | this Act; (2) for violation of any
of the rules and regulations | ||||||
17 | of the Board; (3) for any cause which, if
known to the Board, | ||||||
18 | would have disqualified the applicant from receiving
such | ||||||
19 | license; or (4) for default in the payment of any obligation or | ||||||
20 | debt
due to the State of Illinois; or (5) for any other just | ||||||
21 | cause.
| ||||||
22 | (f) A person who knowingly makes a false statement on an | ||||||
23 | application is
guilty of a Class A misdemeanor.
| ||||||
24 | (g) Any license issued pursuant to this Section shall be | ||||||
25 | valid for a
period of one year from the date of issuance.
| ||||||
26 | (h) Nothing in this Act shall be interpreted to prohibit a |
| |||||||
| |||||||
1 | licensed
owner or electronic gaming licensee from entering into | ||||||
2 | an agreement with a public community college or a school | ||||||
3 | approved under the
Private Business and Vocational Schools Act | ||||||
4 | of 2012 for the training of any
occupational licensee. Any | ||||||
5 | training offered by such a school shall be in
accordance with a | ||||||
6 | written agreement between the licensed owner or electronic | ||||||
7 | gaming licensee and the school.
| ||||||
8 | (i) Any training provided for occupational licensees may be | ||||||
9 | conducted
either at the site of the gambling facility on the | ||||||
10 | riverboat or at a school with which a licensed owner or | ||||||
11 | electronic gaming licensee has
entered into an agreement | ||||||
12 | pursuant to subsection (h).
| ||||||
13 | (Source: P.A. 96-1392, eff. 1-1-11; 97-650, eff. 2-1-12; | ||||||
14 | 97-1150, eff. 1-25-13.)
| ||||||
15 | (230 ILCS 10/11) (from Ch. 120, par. 2411)
| ||||||
16 | Sec. 11. Conduct of gambling. Gambling may be conducted by | ||||||
17 | licensed owners or licensed managers on behalf
of the State | ||||||
18 | aboard riverboats . Gambling may be conducted by electronic | ||||||
19 | gaming licensees at electronic gaming facilities. Gambling may | ||||||
20 | be conducted by a casino operator licensee at a casino. | ||||||
21 | Gambling authorized under this Section is ,
subject to the | ||||||
22 | following standards:
| ||||||
23 | (1) A licensee may conduct riverboat gambling | ||||||
24 | authorized under this Act
regardless of whether it conducts | ||||||
25 | excursion cruises. A licensee may permit
the continuous |
| |||||||
| |||||||
1 | ingress and egress of patrons passengers on a riverboat not | ||||||
2 | used for excursion cruises for the purpose of gambling. | ||||||
3 | Excursion cruises shall not exceed 4 hours for a round | ||||||
4 | trip. However, the Board may grant express approval for an | ||||||
5 | extended cruise on a case-by-case basis.
| ||||||
6 | (2) (Blank).
| ||||||
7 | (3) Minimum and maximum wagers on games shall be set by | ||||||
8 | the licensee.
| ||||||
9 | (4) Agents of the Board and the Department of State | ||||||
10 | Police may board
and inspect any riverboat , enter and | ||||||
11 | inspect any portion of a casino, or enter and inspect any | ||||||
12 | portion of an electronic gaming facility at any time for | ||||||
13 | the purpose of determining
whether this Act or the Chicago | ||||||
14 | Casino Development Authority Act is being complied with. | ||||||
15 | Every riverboat, if under way and
being hailed by a law | ||||||
16 | enforcement officer or agent of the Board, must stop
| ||||||
17 | immediately and lay to.
| ||||||
18 | (5) Employees of the Board shall have the right to be | ||||||
19 | present on the
riverboat or in the casino or on adjacent | ||||||
20 | facilities under the control of the licensee and at the | ||||||
21 | electronic gaming facility under the control of the | ||||||
22 | electronic gaming licensee .
| ||||||
23 | (6) Gambling equipment and supplies customarily used | ||||||
24 | in conducting
riverboat or casino gambling or electronic | ||||||
25 | gaming must be purchased or leased only from suppliers | ||||||
26 | licensed
for such purpose under this Act. The Board may |
| |||||||
| |||||||
1 | approve the transfer, sale, or lease of gambling equipment | ||||||
2 | and supplies by a licensed owner from or to an affiliate of | ||||||
3 | the licensed owner as long as the gambling equipment and | ||||||
4 | supplies were initially acquired from a supplier licensed | ||||||
5 | in Illinois.
| ||||||
6 | (7) Persons licensed under this Act or the Chicago | ||||||
7 | Casino Development Authority Act shall permit no form of | ||||||
8 | wagering on
gambling games except as permitted by this Act.
| ||||||
9 | (8) Wagers may be received only from a person present | ||||||
10 | on a licensed
riverboat , in a casino, or at an electronic | ||||||
11 | gaming facility . No person present on a licensed riverboat , | ||||||
12 | in a casino, or at an electronic gaming facility shall | ||||||
13 | place
or attempt to place a wager on behalf of another | ||||||
14 | person who is not present
on the riverboat , in a casino, or | ||||||
15 | at the electronic gaming facility .
| ||||||
16 | (9) Wagering , including electronic gaming, shall not | ||||||
17 | be conducted with money or other negotiable
currency.
| ||||||
18 | (10) A person under age 21 shall not be permitted on an | ||||||
19 | area of a
riverboat or casino where gambling is being | ||||||
20 | conducted or at an electronic gaming facility where | ||||||
21 | gambling is being conducted , except for a person at least
| ||||||
22 | 18 years of age who is an employee of the riverboat or | ||||||
23 | casino gambling operation or electronic gaming operation . | ||||||
24 | No
employee under age 21 shall perform any function | ||||||
25 | involved in gambling by
the patrons. No person under age 21 | ||||||
26 | shall be permitted to make a wager under
this Act or the |
| |||||||
| |||||||
1 | Chicago Casino Development Authority Act , and any winnings | ||||||
2 | that are a result of a wager by a person under age 21, | ||||||
3 | whether or not paid by a licensee, shall be treated as | ||||||
4 | winnings for the privilege tax purposes, confiscated, and | ||||||
5 | forfeited to the State and deposited into the Education | ||||||
6 | Assistance Fund.
| ||||||
7 | (11) Gambling excursion cruises are permitted only | ||||||
8 | when the waterway for
which the riverboat is licensed is | ||||||
9 | navigable, as determined by
the Board in consultation with | ||||||
10 | the U.S. Army Corps of Engineers.
This paragraph (11) does | ||||||
11 | not limit the ability of a licensee to conduct
gambling | ||||||
12 | authorized under this Act when gambling excursion cruises | ||||||
13 | are not
permitted.
| ||||||
14 | (12) All tokens, chips or electronic cards used to make | ||||||
15 | wagers must be
purchased (i) from a licensed owner or | ||||||
16 | manager , in the case of a riverboat, either aboard a | ||||||
17 | riverboat or at
an onshore
facility which has been approved | ||||||
18 | by the Board and which is located where
the riverboat | ||||||
19 | docks , (ii) in the case of a casino, from a licensed owner | ||||||
20 | or licensed casino operator at the casino, or (iii) from an | ||||||
21 | electronic gaming licensee at the electronic gaming | ||||||
22 | facility . The tokens, chips or electronic cards may be
| ||||||
23 | purchased by means of an agreement under which the owner , | ||||||
24 | or manager , or licensed casino operator extends
credit to
| ||||||
25 | the patron. Such tokens, chips or electronic cards may be | ||||||
26 | used
while aboard the riverboat , in the casino, or at the |
| |||||||
| |||||||
1 | electronic gaming facility only for the purpose of making | ||||||
2 | wagers on
gambling games.
| ||||||
3 | (13) Notwithstanding any other Section of this Act or | ||||||
4 | the Chicago Casino Development Authority Act , in addition | ||||||
5 | to the
other licenses authorized under this Act or the | ||||||
6 | Chicago Casino Development Authority Act , the Board may | ||||||
7 | issue special event
licenses allowing persons who are not | ||||||
8 | otherwise licensed to conduct
riverboat gambling to | ||||||
9 | conduct such gambling on a specified date or series
of | ||||||
10 | dates. Riverboat gambling under such a license may take | ||||||
11 | place on a
riverboat not normally used for riverboat | ||||||
12 | gambling. The Board shall
establish standards, fees and | ||||||
13 | fines for, and limitations upon, such
licenses, which may | ||||||
14 | differ from the standards, fees, fines and limitations
| ||||||
15 | otherwise applicable under this Act or the Chicago Casino | ||||||
16 | Development Authority Act . All such fees shall be deposited | ||||||
17 | into
the State Gaming Fund. All such fines shall be | ||||||
18 | deposited into the
Education Assistance Fund, created by | ||||||
19 | Public Act 86-0018, of the State
of Illinois.
| ||||||
20 | (14) In addition to the above, gambling must be | ||||||
21 | conducted in accordance
with all rules adopted by the | ||||||
22 | Board.
| ||||||
23 | (Source: P.A. 96-1392, eff. 1-1-11.)
| ||||||
24 | (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
| ||||||
25 | Sec. 11.1. Collection of amounts owing under credit |
| |||||||
| |||||||
1 | agreements. Notwithstanding any applicable statutory provision | ||||||
2 | to the contrary, a
licensed owner , licensed or manager , | ||||||
3 | licensed casino operator, or electronic gaming licensee who | ||||||
4 | extends credit to a riverboat gambling patron or an electronic | ||||||
5 | gaming patron
pursuant
to Section 11 (a) (12) of this Act is | ||||||
6 | expressly authorized to institute a
cause of action to collect | ||||||
7 | any amounts due and owing under the extension of
credit, as | ||||||
8 | well as the licensed owner's , licensed or manager's , licensed | ||||||
9 | casino operator's, or electronic gaming licensee's costs, | ||||||
10 | expenses and reasonable
attorney's
fees incurred in | ||||||
11 | collection.
| ||||||
12 | (Source: P.A. 93-28, eff. 6-20-03.)
| ||||||
13 | (230 ILCS 10/12) (from Ch. 120, par. 2412)
| ||||||
14 | Sec. 12. Admission tax; fees.
| ||||||
15 | (a) A tax is hereby imposed upon admissions to riverboat | ||||||
16 | and casino gambling facilities riverboats operated by
licensed | ||||||
17 | owners authorized pursuant to this Act and the Chicago Casino | ||||||
18 | Development Authority Act . Until July 1, 2002, the
rate is $2 | ||||||
19 | per person admitted. From July 1, 2002 until
July 1, 2003, the | ||||||
20 | rate is $3 per person admitted.
From July 1, 2003 until August | ||||||
21 | 23, 2005 (the effective date of Public Act 94-673), for a | ||||||
22 | licensee that admitted 1,000,000 persons or
fewer in the | ||||||
23 | previous calendar year, the rate is $3 per person admitted; for | ||||||
24 | a
licensee that admitted more than 1,000,000 but no more than | ||||||
25 | 2,300,000 persons
in the previous calendar year, the rate is $4 |
| |||||||
| |||||||
1 | per person admitted; and for
a licensee that admitted more than | ||||||
2 | 2,300,000 persons in the previous calendar
year, the rate is $5 | ||||||
3 | per person admitted.
Beginning on August 23, 2005 (the | ||||||
4 | effective date of Public Act 94-673), for a licensee that | ||||||
5 | admitted 1,000,000 persons or
fewer in calendar year 2004, the | ||||||
6 | rate is $2 per person admitted, and for all other
licensees, | ||||||
7 | including licensees that were not conducting gambling | ||||||
8 | operations in 2004, the rate is $3 per person admitted.
This | ||||||
9 | admission tax is imposed upon the
licensed owner conducting | ||||||
10 | gambling.
| ||||||
11 | (1) The admission tax shall be paid for each admission, | ||||||
12 | except that a person who exits a riverboat gambling | ||||||
13 | facility and reenters that riverboat gambling facility | ||||||
14 | within the same gaming day shall be subject only to the | ||||||
15 | initial admission tax.
| ||||||
16 | (2) (Blank).
| ||||||
17 | (3) The riverboat licensee may issue tax-free passes to
| ||||||
18 | actual and necessary officials and employees of the | ||||||
19 | licensee or other
persons actually working on the | ||||||
20 | riverboat.
| ||||||
21 | (4) The number and issuance of tax-free passes is | ||||||
22 | subject to the rules
of the Board, and a list of all | ||||||
23 | persons to whom the tax-free passes are
issued shall be | ||||||
24 | filed with the Board.
| ||||||
25 | (a-5) A fee is hereby imposed upon admissions operated by | ||||||
26 | licensed
managers on behalf of the State pursuant to Section |
| |||||||
| |||||||
1 | 7.3 at the rates provided
in
this subsection (a-5). For a | ||||||
2 | licensee that
admitted 1,000,000 persons or fewer in the | ||||||
3 | previous calendar year, the rate is
$3 per person admitted; for | ||||||
4 | a licensee that admitted more than 1,000,000 but no
more than | ||||||
5 | 2,300,000 persons
in the previous calendar year, the rate is $4 | ||||||
6 | per person admitted; and for
a licensee that admitted more than | ||||||
7 | 2,300,000 persons in the previous calendar
year, the rate is $5 | ||||||
8 | per person admitted.
| ||||||
9 | (1) The admission fee shall be paid for each admission.
| ||||||
10 | (2) (Blank).
| ||||||
11 | (3) The licensed manager may issue fee-free passes to | ||||||
12 | actual and necessary
officials and employees of the manager | ||||||
13 | or other persons actually working on the
riverboat.
| ||||||
14 | (4) The number and issuance of fee-free passes is | ||||||
15 | subject to the rules
of the Board, and a list of all | ||||||
16 | persons to whom the fee-free passes are
issued shall be | ||||||
17 | filed with the Board.
| ||||||
18 | (b) Except as provided in subsection (b-5), from From the | ||||||
19 | tax imposed under subsection (a) and the fee imposed under
| ||||||
20 | subsection (a-5), a municipality shall receive from the State | ||||||
21 | $1 for each
person embarking on a riverboat docked within the | ||||||
22 | municipality or entering a casino located within the | ||||||
23 | municipality , and a county
shall receive $1 for each person | ||||||
24 | entering a casino or embarking on a riverboat docked within the
| ||||||
25 | county but outside the boundaries of any municipality. The | ||||||
26 | municipality's or
county's share shall be collected by the |
| |||||||
| |||||||
1 | Board on behalf of the State and
remitted quarterly by the | ||||||
2 | State, subject to appropriation, to the treasurer of
the unit | ||||||
3 | of local government for deposit in the general fund.
| ||||||
4 | (b-5) From the tax imposed under subsection (a) and the fee | ||||||
5 | imposed under subsection (a-5), $1 for each person embarking on | ||||||
6 | a riverboat designated in paragraph (4) of subsection (e-5) of | ||||||
7 | Section 7 shall be divided equally and remitted monthly, | ||||||
8 | subject to appropriation, to the City of Rockford and Winnebago | ||||||
9 | County. | ||||||
10 | The municipality's or county's share shall be collected by | ||||||
11 | the Board on behalf of the State and remitted quarterly by the | ||||||
12 | State, subject to appropriation, to the treasurer of the unit | ||||||
13 | of local government for deposit in the general fund. | ||||||
14 | (c) The licensed owner shall pay the entire admission tax | ||||||
15 | to the Board and
the licensed manager or the casino operator | ||||||
16 | licensee shall pay the entire admission fee to the Board.
Such | ||||||
17 | payments shall be made daily. Accompanying each payment shall | ||||||
18 | be a
return on forms provided by the Board which shall include | ||||||
19 | other
information regarding admissions as the Board may | ||||||
20 | require. Failure to
submit either the payment or the return | ||||||
21 | within the specified time may
result in suspension or | ||||||
22 | revocation of the owners or managers license.
| ||||||
23 | (c-5) A tax is imposed on admissions to electronic gaming | ||||||
24 | facilities at the rate of $3 per person admitted by an | ||||||
25 | electronic gaming licensee. The tax is imposed upon the | ||||||
26 | electronic gaming licensee. |
| |||||||
| |||||||
1 | (1) The admission tax shall be paid for each admission, | ||||||
2 | except that a person who exits an electronic gaming | ||||||
3 | facility and reenters that electronic gaming facility | ||||||
4 | within the same gaming day, as the term "gaming day" is | ||||||
5 | defined by the Board by rule, shall be subject only to the | ||||||
6 | initial admission tax. The Board shall establish, by rule, | ||||||
7 | a procedure to determine whether a person admitted to an | ||||||
8 | electronic gaming facility has paid the admission tax. | ||||||
9 | (2) An electronic gaming licensee may issue tax-free | ||||||
10 | passes to actual and necessary officials and employees of | ||||||
11 | the licensee and other persons associated with electronic | ||||||
12 | gaming operations. | ||||||
13 | (3) The number and issuance of tax-free passes is | ||||||
14 | subject to the rules of the Board, and a list of all | ||||||
15 | persons to whom the tax-free passes are issued shall be
| ||||||
16 | filed with the Board. | ||||||
17 | (4) The electronic gaming licensee shall pay the entire | ||||||
18 | admission tax to the Board. | ||||||
19 | Such payments shall be made daily. Accompanying each | ||||||
20 | payment shall be a return on forms provided by the Board, which | ||||||
21 | shall include other information regarding admission as the | ||||||
22 | Board may require. Failure to submit either the payment or the | ||||||
23 | return within the specified time may result in suspension or | ||||||
24 | revocation of the electronic gaming license. | ||||||
25 | From the tax imposed under this subsection (c-5), a | ||||||
26 | municipality other than the Village of Stickney or the City of |
| |||||||
| |||||||
1 | Collinsville in which an electronic gaming facility is located, | ||||||
2 | or if the electronic gaming facility is not located within a | ||||||
3 | municipality, then the county in which the electronic gaming | ||||||
4 | facility is located, except as otherwise provided in this | ||||||
5 | Section, shall receive, subject to appropriation, $1 for each | ||||||
6 | person who enters the electronic gaming facility. For each | ||||||
7 | admission to the electronic gaming facility in excess of | ||||||
8 | 1,500,000 in a year, from the tax imposed under this subsection | ||||||
9 | (c-5), the county in which the electronic gaming facility is | ||||||
10 | located shall receive, subject to appropriation, $0.30, which | ||||||
11 | shall be in addition to any other moneys paid to the county | ||||||
12 | under this Section. | ||||||
13 | From the tax imposed under this subsection (c-5) on an | ||||||
14 | electronic gaming facility located in the Village of Stickney, | ||||||
15 | $1 for each person who enters the electronic gaming facility | ||||||
16 | shall be distributed as follows, subject to appropriation: | ||||||
17 | $0.24 to the Village of Stickney, $0.49 to the Town of Cicero, | ||||||
18 | $0.05 to the City of Berwyn, and $0.17 to the Stickney Public | ||||||
19 | Health District, and $0.05 to the City of Bridgeview. | ||||||
20 | From the tax imposed under this subsection (c-5) on an | ||||||
21 | electronic gaming facility located in the City of Collinsville, | ||||||
22 | $1 for each person who enters the electronic gaming facility | ||||||
23 | shall be distributed as follows, subject to appropriation: | ||||||
24 | $0.45 to the City of Alton, $0.45 to the City of East St. | ||||||
25 | Louis, and $0.10 to the City of Collinsville. | ||||||
26 | From the tax imposed under this subsection (c-5) on an |
| |||||||
| |||||||
1 | electronic gaming facility that is located in an unincorporated | ||||||
2 | area of Cook County and has been awarded
standardbred racing | ||||||
3 | dates during 2011 by the Illinois Racing Board, $1 for each | ||||||
4 | person who enters the electronic gaming facility shall be | ||||||
5 | divided equally and distributed, subject to appropriation, to | ||||||
6 | the Village of Melrose Park, the Village of Maywood, and Cook | ||||||
7 | County. | ||||||
8 | After payments required under this subsection (c-5) have | ||||||
9 | been made, all remaining amounts shall be deposited into the | ||||||
10 | Education Assistance Fund. | ||||||
11 | (d) The Board shall administer and collect the admission | ||||||
12 | tax imposed by
this Section, to the extent practicable, in a | ||||||
13 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
14 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the | ||||||
15 | Retailers' Occupation Tax Act and
Section 3-7 of the Uniform | ||||||
16 | Penalty and Interest Act.
| ||||||
17 | (Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
| ||||||
18 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
19 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
20 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
21 | gross
receipts received from gambling games authorized under | ||||||
22 | this Act at the rate of
20%.
| ||||||
23 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
24 | tax is
imposed on persons engaged in the business of conducting | ||||||
25 | riverboat gambling
operations, based on the adjusted gross |
| |||||||
| |||||||
1 | receipts received by a licensed owner
from gambling games | ||||||
2 | authorized under this Act at the following rates:
| ||||||
3 | 15% of annual adjusted gross receipts up to and | ||||||
4 | including $25,000,000;
| ||||||
5 | 20% of annual adjusted gross receipts in excess of | ||||||
6 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
7 | 25% of annual adjusted gross receipts in excess of | ||||||
8 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
9 | 30% of annual adjusted gross receipts in excess of | ||||||
10 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
11 | 35% of annual adjusted gross receipts in excess of | ||||||
12 | $100,000,000.
| ||||||
13 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
14 | is imposed on
persons engaged in the business of conducting | ||||||
15 | riverboat gambling operations,
other than licensed managers | ||||||
16 | conducting riverboat gambling operations on behalf
of the | ||||||
17 | State, based on the adjusted gross receipts received by a | ||||||
18 | licensed
owner from gambling games authorized under this Act at | ||||||
19 | the following rates:
| ||||||
20 | 15% of annual adjusted gross receipts up to and | ||||||
21 | including $25,000,000;
| ||||||
22 | 22.5% of annual adjusted gross receipts in excess of | ||||||
23 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
24 | 27.5% of annual adjusted gross receipts in excess of | ||||||
25 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
26 | 32.5% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
2 | 37.5% of annual adjusted gross receipts in excess of | ||||||
3 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
4 | 45% of annual adjusted gross receipts in excess of | ||||||
5 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
6 | 50% of annual adjusted gross receipts in excess of | ||||||
7 | $200,000,000.
| ||||||
8 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
9 | persons engaged
in the business of conducting riverboat | ||||||
10 | gambling operations, other than
licensed managers conducting | ||||||
11 | riverboat gambling operations on behalf of the
State, based on | ||||||
12 | the adjusted gross receipts received by a licensed owner from
| ||||||
13 | gambling games authorized under this Act at the following | ||||||
14 | rates:
| ||||||
15 | 15% of annual adjusted gross receipts up to and | ||||||
16 | including $25,000,000;
| ||||||
17 | 27.5% of annual adjusted gross receipts in excess of | ||||||
18 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
19 | 32.5% of annual adjusted gross receipts in excess of | ||||||
20 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
21 | 37.5% of annual adjusted gross receipts in excess of | ||||||
22 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
23 | 45% of annual adjusted gross receipts in excess of | ||||||
24 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
25 | 50% of annual adjusted gross receipts in excess of | ||||||
26 | $100,000,000 but not
exceeding $250,000,000;
|
| |||||||
| |||||||
1 | 70% of annual adjusted gross receipts in excess of | ||||||
2 | $250,000,000.
| ||||||
3 | An amount equal to the amount of wagering taxes collected | ||||||
4 | under this
subsection (a-3) that are in addition to the amount | ||||||
5 | of wagering taxes that
would have been collected if the | ||||||
6 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
7 | be paid into the Common School Fund.
| ||||||
8 | The privilege tax imposed under this subsection (a-3) shall | ||||||
9 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
10 | 2005; (ii) the first date
after June 20, 2003 that riverboat | ||||||
11 | gambling operations are conducted
pursuant to a dormant | ||||||
12 | license; or (iii) the first day that riverboat gambling
| ||||||
13 | operations are conducted under the authority of an owners | ||||||
14 | license that is in
addition to the 10 owners licenses initially | ||||||
15 | authorized under this Act.
For the purposes of this subsection | ||||||
16 | (a-3), the term "dormant license"
means an owners license that | ||||||
17 | is authorized by this Act under which no
riverboat gambling | ||||||
18 | operations are being conducted on June 20, 2003.
| ||||||
19 | (a-4) Beginning on the first day on which the tax imposed | ||||||
20 | under
subsection (a-3) is no longer imposed and ending upon the | ||||||
21 | imposition of the privilege tax under subsection (a-5) of this | ||||||
22 | Section , a privilege tax is imposed on persons
engaged in the | ||||||
23 | business of conducting riverboat or casino gambling or | ||||||
24 | electronic gaming operations, other
than licensed managers | ||||||
25 | conducting riverboat gambling operations on behalf of
the | ||||||
26 | State, based on the adjusted gross receipts received by a |
| |||||||
| |||||||
1 | licensed owner
from gambling games authorized under this Act at | ||||||
2 | the following rates:
| ||||||
3 | 15% of annual adjusted gross receipts up to and | ||||||
4 | including $25,000,000;
| ||||||
5 | 22.5% of annual adjusted gross receipts in excess of | ||||||
6 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
7 | 27.5% of annual adjusted gross receipts in excess of | ||||||
8 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
9 | 32.5% of annual adjusted gross receipts in excess of | ||||||
10 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
11 | 37.5% of annual adjusted gross receipts in excess of | ||||||
12 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
13 | 45% of annual adjusted gross receipts in excess of | ||||||
14 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
15 | 50% of annual adjusted gross receipts in excess of | ||||||
16 | $200,000,000.
| ||||||
17 | For the imposition of the privilege tax in this subsection | ||||||
18 | (a-4), amounts paid pursuant to item (1) of subsection (b) of | ||||||
19 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
20 | be included in the determination of adjusted gross receipts. | ||||||
21 | (a-5) Beginning in the fiscal year following the opening of | ||||||
22 | the casino at which gambling operations are conducted pursuant | ||||||
23 | to the Chicago Casino Development Authority Act, but not before | ||||||
24 | July 1, 2019, a privilege tax is imposed on persons engaged in | ||||||
25 | the business of conducting riverboat or casino gambling or | ||||||
26 | electronic gaming operations, other than licensed managers |
| |||||||
| |||||||
1 | conducting riverboat gambling operations on behalf of the | ||||||
2 | State, based on the adjusted gross receipts received by such | ||||||
3 | licensee from the gambling games authorized under this Act and | ||||||
4 | the Chicago Casino Development Authority Act. The privilege tax | ||||||
5 | for all gambling games other than table games, including, but | ||||||
6 | not limited to, slot machines, video game of chance gambling, | ||||||
7 | and electronic gambling games shall be at the following rates: | ||||||
8 | 10% of annual adjusted gross receipts up to and | ||||||
9 | including $25,000,000; | ||||||
10 | 17.5% of annual adjusted gross receipts in excess of | ||||||
11 | $25,000,000 but not exceeding $50,000,000; | ||||||
12 | 22.5% of annual adjusted gross receipts in excess of | ||||||
13 | $50,000,000 but not exceeding $75,000,000; | ||||||
14 | 27.5% of annual adjusted gross receipts in excess of | ||||||
15 | $75,000,000 but not exceeding $100,000,000; | ||||||
16 | 32.5% of annual adjusted gross receipts in excess of | ||||||
17 | $100,000,000 but not exceeding $150,000,000; | ||||||
18 | 35% of annual adjusted gross receipts in excess of | ||||||
19 | $150,000,000 but not exceeding $200,000,000; | ||||||
20 | 40% of annual adjusted gross receipts in excess of | ||||||
21 | $200,000,000 but not exceeding $300,000,000; | ||||||
22 | 30% of annual adjusted gross receipts in excess of | ||||||
23 | $300,000,000 but not exceeding $350,000,000; | ||||||
24 | 20% of annual adjusted gross receipts in excess of | ||||||
25 | $350,000,000, but not exceeding $800,000,000; | ||||||
26 | 50% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $800,000,000. | ||||||
2 | The privilege tax for table games shall be at the following | ||||||
3 | rates: | ||||||
4 | 10% of annual adjusted gross receipts up to and | ||||||
5 | including $25,000,000; | ||||||
6 | 17.5% of annual adjusted gross receipts in excess of | ||||||
7 | $25,000,000 but not exceeding $50,000,000; | ||||||
8 | 22.5% of annual adjusted gross receipts in excess of | ||||||
9 | $50,000,000 but not exceeding $70,000,000; | ||||||
10 | 16% of annual adjusted gross receipts in excess of | ||||||
11 | $70,000,000. | ||||||
12 | For the imposition of the privilege tax in this subsection | ||||||
13 | (a-5), amounts paid pursuant to item (1) of subsection (b) of | ||||||
14 | Section 56 of the Illinois Horse Racing Act of 1975 shall not | ||||||
15 | be included in the determination of adjusted gross receipts. | ||||||
16 | (a-6) From the effective date of this amendatory Act of the | ||||||
17 | 100th General Assembly until June 30, 2021, an owners licensee | ||||||
18 | that conducted gambling operations prior to January 1, 2011 | ||||||
19 | shall receive a dollar-for-dollar credit against the tax | ||||||
20 | imposed under this Section for any renovation or construction | ||||||
21 | costs paid by the owners licensee, but in no event shall the | ||||||
22 | credit exceed $2,000,000. | ||||||
23 | Additionally, from the effective date of this amendatory | ||||||
24 | Act of the 100th General Assembly until December 31, 2020, an | ||||||
25 | owners licensee that (i) is located within 15 miles of the | ||||||
26 | Missouri border, and (ii) has at least 3 riverboats, casinos, |
| |||||||
| |||||||
1 | or their equivalent within a 45-mile radius, may be authorized | ||||||
2 | to relocate to a new location with the approval of both the | ||||||
3 | unit of local government designated as the home dock and the | ||||||
4 | Board, so long as the new location is within the same unit of | ||||||
5 | local government and no more than 3 miles away from its | ||||||
6 | original location. Such owners licensee shall receive a credit | ||||||
7 | against the tax imposed under this Section equal to 8% of the | ||||||
8 | total project costs, as approved by the Board, for any | ||||||
9 | renovation or construction costs paid by the owners licensee | ||||||
10 | for the construction of the new facility, provided that the new | ||||||
11 | facility is operational by July 1, 2020. In determining whether | ||||||
12 | or not to approve a relocation, the Board must consider the | ||||||
13 | extent to which the relocation will diminish the gaming | ||||||
14 | revenues received by other Illinois gaming facilities. | ||||||
15 | (a-8) Riverboat gambling operations conducted by a | ||||||
16 | licensed manager on
behalf of the State are not subject to the | ||||||
17 | tax imposed under this Section.
| ||||||
18 | (a-9) Beginning on January 1, 2018, the calculation of | ||||||
19 | gross receipts or adjusted gross receipts, for the purposes of | ||||||
20 | this Section, for a riverboat, casino, or electronic gaming | ||||||
21 | facility shall not include the dollar amount of non-cashable | ||||||
22 | vouchers, coupons, and electronic promotions redeemed by | ||||||
23 | wagerers upon the riverboat, in the casino, or in the | ||||||
24 | electronic gaming facility up to and including an amount not to | ||||||
25 | exceed 30% of a riverboat casino or electronic gaming | ||||||
26 | facility's adjusted gross receipts. |
| |||||||
| |||||||
1 | The Illinois Gaming Board shall submit to the General | ||||||
2 | Assembly a comprehensive report no later than March 31, 2021 | ||||||
3 | detailing, at a minimum, the effect of removing non-cashable | ||||||
4 | vouchers, coupons, and electronic promotions from this | ||||||
5 | calculation on net gaming revenues to the State in calendar | ||||||
6 | years 2018 through 2020, the increase or reduction in wagerers | ||||||
7 | as a result of removing non-cashable vouchers, coupons, and | ||||||
8 | electronic promotions from this calculation, the effect of the | ||||||
9 | tax rates in subsection (a-5) on net gaming revenues to the | ||||||
10 | State, and proposed modifications to the calculation. | ||||||
11 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
12 | the licensed
owner or the electronic gaming licensee to the | ||||||
13 | Board not later than 5:00 o'clock p.m. of the day after the day
| ||||||
14 | when the wagers were made.
| ||||||
15 | (a-15) If the privilege tax imposed under subsection (a-3) | ||||||
16 | is no longer imposed pursuant to item (i) of the last paragraph | ||||||
17 | of subsection (a-3), then by June 15 of each year, each owners | ||||||
18 | licensee, other than an owners licensee that admitted 1,000,000 | ||||||
19 | persons or
fewer in calendar year 2004, must, in addition to | ||||||
20 | the payment of all amounts otherwise due under this Section, | ||||||
21 | pay to the Board a reconciliation payment in the amount, if | ||||||
22 | any, by which the licensed owner's base amount exceeds the | ||||||
23 | amount of net privilege tax paid by the licensed owner to the | ||||||
24 | Board in the then current State fiscal year. A licensed owner's | ||||||
25 | net privilege tax obligation due for the balance of the State | ||||||
26 | fiscal year shall be reduced up to the total of the amount paid |
| |||||||
| |||||||
1 | by the licensed owner in its June 15 reconciliation payment. | ||||||
2 | The obligation imposed by this subsection (a-15) is binding on | ||||||
3 | any person, firm, corporation, or other entity that acquires an | ||||||
4 | ownership interest in any such owners license. The obligation | ||||||
5 | imposed under this subsection (a-15) terminates on the earliest | ||||||
6 | of: (i) July 1, 2007, (ii) the first day after the effective | ||||||
7 | date of this amendatory Act of the 94th General Assembly that | ||||||
8 | riverboat gambling operations are conducted pursuant to a | ||||||
9 | dormant license, (iii) the first day that riverboat gambling | ||||||
10 | operations are conducted under the authority of an owners | ||||||
11 | license that is in addition to the 10 owners licenses initially | ||||||
12 | authorized under this Act, or (iv) the first day that a | ||||||
13 | licensee under the Illinois Horse Racing Act of 1975 conducts | ||||||
14 | gaming operations with slot machines or other electronic gaming | ||||||
15 | devices. The Board must reduce the obligation imposed under | ||||||
16 | this subsection (a-15) by an amount the Board deems reasonable | ||||||
17 | for any of the following reasons: (A) an act or acts of God, | ||||||
18 | (B) an act of bioterrorism or terrorism or a bioterrorism or | ||||||
19 | terrorism threat that was investigated by a law enforcement | ||||||
20 | agency, or (C) a condition beyond the control of the owners | ||||||
21 | licensee that does not result from any act or omission by the | ||||||
22 | owners licensee or any of its agents and that poses a hazardous | ||||||
23 | threat to the health and safety of patrons. If an owners | ||||||
24 | licensee pays an amount in excess of its liability under this | ||||||
25 | Section, the Board shall apply the overpayment to future | ||||||
26 | payments required under this Section. |
| |||||||
| |||||||
1 | For purposes of this subsection (a-15): | ||||||
2 | "Act of God" means an incident caused by the operation of | ||||||
3 | an extraordinary force that cannot be foreseen, that cannot be | ||||||
4 | avoided by the exercise of due care, and for which no person | ||||||
5 | can be held liable.
| ||||||
6 | "Base amount" means the following: | ||||||
7 | For a riverboat in Alton, $31,000,000.
| ||||||
8 | For a riverboat in East Peoria, $43,000,000.
| ||||||
9 | For the Empress riverboat in Joliet, $86,000,000.
| ||||||
10 | For a riverboat in Metropolis, $45,000,000.
| ||||||
11 | For the Harrah's riverboat in Joliet, $114,000,000.
| ||||||
12 | For a riverboat in Aurora, $86,000,000.
| ||||||
13 | For a riverboat in East St. Louis, $48,500,000.
| ||||||
14 | For a riverboat in Elgin, $198,000,000.
| ||||||
15 | "Dormant license" has the meaning ascribed to it in | ||||||
16 | subsection (a-3).
| ||||||
17 | "Net privilege tax" means all privilege taxes paid by a | ||||||
18 | licensed owner to the Board under this Section, less all | ||||||
19 | payments made from the State Gaming Fund pursuant to subsection | ||||||
20 | (b) of this Section. | ||||||
21 | The changes made to this subsection (a-15) by Public Act | ||||||
22 | 94-839 are intended to restate and clarify the intent of Public | ||||||
23 | Act 94-673 with respect to the amount of the payments required | ||||||
24 | to be made under this subsection by an owners licensee to the | ||||||
25 | Board.
| ||||||
26 | (b) Until January 1, 1998, 25% of the tax revenue deposited |
| |||||||
| |||||||
1 | in the State
Gaming Fund under this Section shall be paid, | ||||||
2 | subject to appropriation by the
General Assembly, to the unit | ||||||
3 | of local government which is designated as the
home dock of the | ||||||
4 | riverboat. Beginning January 1, 1998, from the tax revenue from | ||||||
5 | riverboat or casino gambling
deposited in the State Gaming Fund | ||||||
6 | under this Section, an amount equal to 5% of
adjusted gross | ||||||
7 | receipts generated by a riverboat or a casino other than a | ||||||
8 | riverboat designated in paragraph (3) or (4) of subsection | ||||||
9 | (e-5) of Section 7, shall be paid monthly, subject
to | ||||||
10 | appropriation by the General Assembly, to the unit of local | ||||||
11 | government in which the casino is located or that
is designated | ||||||
12 | as the home dock of the riverboat. From the tax revenue
| ||||||
13 | deposited in the State Gaming Fund pursuant to riverboat or | ||||||
14 | casino gambling operations
conducted by a licensed manager on | ||||||
15 | behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
16 | receipts generated pursuant to those riverboat or casino | ||||||
17 | gambling
operations shall be paid monthly,
subject to | ||||||
18 | appropriation by the General Assembly, to the unit of local
| ||||||
19 | government that is designated as the home dock of the riverboat | ||||||
20 | upon which
those riverboat gambling operations are conducted or | ||||||
21 | in which the casino is located. From the tax revenue from | ||||||
22 | riverboat or casino gambling deposited in the State Gaming Fund | ||||||
23 | under this Section, an amount equal to 5% of the adjusted gross | ||||||
24 | receipts generated by a riverboat designated in paragraph (3) | ||||||
25 | of subsection (e-5) of Section 7 shall be divided and remitted | ||||||
26 | monthly, subject to appropriation, as follows: 50% to Waukegan, |
| |||||||
| |||||||
1 | 25% to Park City, and 25% to North Chicago. From the tax | ||||||
2 | revenue from riverboat or casino gambling deposited in the | ||||||
3 | State Gaming Fund under this Section, an amount equal to 5% of | ||||||
4 | the adjusted gross receipts generated by a riverboat designated | ||||||
5 | in paragraph (4) of subsection (e-5) of Section 7 shall be | ||||||
6 | divided equally and remitted monthly, subject to | ||||||
7 | appropriation, to the City of Rockford and Winnebago County. | ||||||
8 | Units of local government may refund any portion of the payment | ||||||
9 | that they receive pursuant to this subsection (b) to the | ||||||
10 | riverboat or casino .
| ||||||
11 | (b-5) Beginning on the effective date of this amendatory | ||||||
12 | Act of the 100th General Assembly, from the tax revenue
| ||||||
13 | deposited in the State Gaming Fund under this Section, an | ||||||
14 | amount equal to 3% of
adjusted gross receipts generated by each | ||||||
15 | electronic gaming facility located outside Madison County | ||||||
16 | shall be paid monthly, subject
to appropriation by the General | ||||||
17 | Assembly, to a municipality other than the Village of Stickney | ||||||
18 | in which each electronic gaming facility is located or, if the | ||||||
19 | electronic gaming facility is not located within a | ||||||
20 | municipality, to the county in which the electronic gaming | ||||||
21 | facility is located, except as otherwise provided in this | ||||||
22 | Section. From the tax revenue deposited in the State Gaming | ||||||
23 | Fund under this Section, an amount equal to 3% of adjusted | ||||||
24 | gross receipts generated by each electronic gaming facility | ||||||
25 | that is located in an unincorporated area of Cook County and | ||||||
26 | has been awarded standardbred racing dates during 2011 by the |
| |||||||
| |||||||
1 | Illinois Racing Board shall be divided equally and distributed, | ||||||
2 | subject to appropriation, to the Village of Melrose Park, the | ||||||
3 | Village of Maywood, and Cook County. From the tax revenue | ||||||
4 | deposited in the State Gaming Fund under this Section, an | ||||||
5 | amount equal to 3% of adjusted gross receipts generated by an | ||||||
6 | electronic gaming facility located in the Village of Stickney | ||||||
7 | shall be paid monthly, subject to appropriation by the General | ||||||
8 | Assembly, as follows: 25% to the Village of Stickney, 5% to the | ||||||
9 | City of Berwyn, 50% to the Town of Cicero, and 20% to the | ||||||
10 | Stickney Public Health District. | ||||||
11 | From the tax revenue deposited in the State Gaming Fund | ||||||
12 | under this Section, an amount equal to 5% of adjusted gross | ||||||
13 | receipts generated by an electronic gaming facility located in | ||||||
14 | the City of Collinsville shall be paid monthly, subject to | ||||||
15 | appropriation by the General Assembly, as follows: 45% to the | ||||||
16 | City of Alton, 45% to the City of East St. Louis, and 10% to the | ||||||
17 | City of Collinsville. | ||||||
18 | Municipalities and counties may refund any portion of the | ||||||
19 | payment that they receive pursuant to this subsection (b-5) to | ||||||
20 | the electronic gaming facility. | ||||||
21 | (b-6) Beginning on the effective date of this amendatory | ||||||
22 | Act of the 100th General Assembly, from the tax revenue | ||||||
23 | deposited in the State Gaming Fund under this Section, an | ||||||
24 | amount equal to 2% of adjusted gross receipts generated by an | ||||||
25 | electronic gaming facility located outside Madison County | ||||||
26 | shall be paid monthly, subject to appropriation by the General |
| |||||||
| |||||||
1 | Assembly, to the county in which the electronic gaming facility | ||||||
2 | is located for the purposes of its criminal justice system or | ||||||
3 | health care system. | ||||||
4 | Counties may refund any portion of the payment that they | ||||||
5 | receive pursuant to this subsection (b-6) to the electronic | ||||||
6 | gaming facility. | ||||||
7 | (b-7) Beginning on the effective date of this amendatory | ||||||
8 | Act of the 100th General Assembly, from the tax revenue | ||||||
9 | deposited in the State Gaming Fund under this Section, | ||||||
10 | $5,000,000 shall be paid annually, subject to appropriation, to | ||||||
11 | the Department of Human Services for the administration of | ||||||
12 | programs to treat problem gambling. | ||||||
13 | (b-8) Beginning in the fiscal year following the opening of | ||||||
14 | the casino at which gambling operations are conducted pursuant | ||||||
15 | to the Chicago Casino Development Authority Act, but not before | ||||||
16 | July 1, 2019, from the tax revenue deposited in the State | ||||||
17 | Gaming Fund under this Section, $5,000,000 shall be transferred | ||||||
18 | into the State Fairgrounds Capital Improvements Fund annually. | ||||||
19 | (b-9) Beginning in the fiscal year following the opening of | ||||||
20 | the casino at which gambling operations are conducted pursuant | ||||||
21 | to the Chicago Casino Development Authority Act, but not before | ||||||
22 | July 1, 2019, from the tax revenue deposited in the State | ||||||
23 | Gaming Fund under this Section, an amount equal to 5% of the | ||||||
24 | wagering taxes paid by the riverboats and casino created | ||||||
25 | pursuant to subsection (e-5) of Section 7 shall be transferred | ||||||
26 | into the Depressed Communities Economic Development Fund |
| |||||||
| |||||||
1 | annually. | ||||||
2 | (b-10) Beginning in the fiscal year following the opening | ||||||
3 | of the casino at which gambling operations are conducted | ||||||
4 | pursuant to the Chicago Casino Development Authority Act, but | ||||||
5 | not before July 1, 2019, from the tax revenue deposited in the | ||||||
6 | State Gaming Fund under this Section, an amount equal to 2.5% | ||||||
7 | of the wagering taxes paid by the riverboats and casino created | ||||||
8 | pursuant to subsection (e-5) of Section 7 shall be transferred | ||||||
9 | into the Latino Community Economic Development Fund annually. | ||||||
10 | (b-11) The State and County Fair Assistance Fund is created | ||||||
11 | as a special fund in the State treasury. The Fund shall be | ||||||
12 | administered by the Department of Agriculture. Beginning in the | ||||||
13 | fiscal year following the opening of the casino at which | ||||||
14 | gambling operations are conducted pursuant to the Chicago | ||||||
15 | Casino Development Authority Act, but not before July 1, 2019, | ||||||
16 | from the tax revenue deposited in the State Gaming Fund under | ||||||
17 | this Section, an amount equal to 1% of adjusted gross receipts, | ||||||
18 | not to exceed $3,000,000, shall be transferred into the State | ||||||
19 | and County Fair Assistance Fund annually. No moneys shall be | ||||||
20 | expended from the State and County Fair Assistance Fund except | ||||||
21 | as appropriated by the General Assembly. Deposits made pursuant | ||||||
22 | to this subsection (b-11) shall supplement, and not supplant, | ||||||
23 | other State funding for these purposes. | ||||||
24 | The Department of Agriculture shall award grants from the | ||||||
25 | moneys appropriated from the State and County Fair Assistance | ||||||
26 | Fund for the development, expansion, or support of county fairs |
| |||||||
| |||||||
1 | that showcase Illinois agriculture products or byproducts. No | ||||||
2 | grant may exceed $100,000, except for an annual grant of | ||||||
3 | $1,000,000 that shall be made to the Illinois Standardbred | ||||||
4 | Breeders Fund and used for Illinois-bred harness racing purses | ||||||
5 | and the Illinois State Fair race track. Not more than one grant | ||||||
6 | under this Section may be made to any one county fair board. | ||||||
7 | Additionally, grants under this subsection (b-11) shall be | ||||||
8 | available to the Illinois State Fair and the DuQuoin State | ||||||
9 | Fair. | ||||||
10 | (b-12) Beginning in the fiscal year following the opening | ||||||
11 | of the casino at which gambling operations are conducted | ||||||
12 | pursuant to the Chicago Casino Development Authority Act, but | ||||||
13 | not before July 1, 2019, from the tax revenue from electronic | ||||||
14 | gaming deposited in the State Gaming Fund under this Section, | ||||||
15 | (i) $6,250,000 shall be transferred annually into the Partners | ||||||
16 | for Conservation Fund for grants to soil and water conservation | ||||||
17 | districts and (ii) $2,500,000 shall be transferred annually | ||||||
18 | into the State Cooperative Service Trust Fund for grants to the | ||||||
19 | State's cooperative extensions. Transfers made pursuant to | ||||||
20 | this subsection (b-12) shall supplement, and not supplant, | ||||||
21 | other State funding for these purposes. | ||||||
22 | (b-13) Beginning in the fiscal year following the opening | ||||||
23 | of the casino at which gambling operations are conducted | ||||||
24 | pursuant to the Chicago Casino Development Authority Act, but | ||||||
25 | not before July 1, 2019, from the tax revenue deposited in the | ||||||
26 | State Gaming Fund under this Section, $75,000 shall be paid |
| |||||||
| |||||||
1 | annually, subject to appropriation, to a county forest preserve | ||||||
2 | district for the maintenance of a botanic garden that was | ||||||
3 | created by Section 43 of the Cook County Forest Preserve | ||||||
4 | District Act. | ||||||
5 | (b-14) Beginning in the fiscal year following the opening | ||||||
6 | of the casino at which gambling operations are conducted | ||||||
7 | pursuant to the Chicago Casino Development Authority Act, but | ||||||
8 | not before July 1, 2019, from the tax revenue deposited in the | ||||||
9 | State Gaming Fund under this Section, $125,000 shall be | ||||||
10 | transferred annually into the Illinois Racing Quarter Horse | ||||||
11 | Breeders Fund. | ||||||
12 | (b-15) From January 1, 2019 until December 31, 2021, if the | ||||||
13 | total amount paid to the Education Assistance Fund annually | ||||||
14 | pursuant to this Act will result in the Education Assistance | ||||||
15 | Fund receiving less revenue from the State Gaming Fund than it | ||||||
16 | received in calendar year 2011, an amount equal to that | ||||||
17 | shortfall shall be transferred from the Capital Projects Fund | ||||||
18 | to the Education Assistance Fund, except that no such transfer | ||||||
19 | shall exceed the amount deposited into the Capital Projects | ||||||
20 | Fund pursuant to subsection (c-4) of this Section. | ||||||
21 | (c) Appropriations, as approved by the General Assembly, | ||||||
22 | may be made
from the State Gaming Fund to the Board (i) for the | ||||||
23 | administration and enforcement of this Act , the Chicago Casino | ||||||
24 | Development Authority Act, and the Video Gaming Act, (ii) for | ||||||
25 | distribution to the Department of State Police and to the | ||||||
26 | Department of Revenue for the enforcement of this Act , the |
| |||||||
| |||||||
1 | Chicago Casino Development Authority Act, and the Video Gaming | ||||||
2 | Act , and (iii) to the
Department of Human Services for the | ||||||
3 | administration of programs to treat
problem gambling. The | ||||||
4 | Board's annual appropriations request must separately state | ||||||
5 | its funding needs for the regulation of electronic gaming, | ||||||
6 | riverboat gaming, casino gaming within the City of Chicago, and | ||||||
7 | video gaming. From the tax revenue deposited in the Gaming | ||||||
8 | Facilities Fee Revenue Fund, the first $50,000,000 shall be | ||||||
9 | paid to the Board, subject to appropriation, for the | ||||||
10 | administration and enforcement of the provisions of this | ||||||
11 | amendatory Act of the 100th General Assembly.
| ||||||
12 | (c-3) Appropriations, as approved by the General Assembly, | ||||||
13 | may be made from the tax revenue deposited into the State | ||||||
14 | Gaming Fund from electronic gaming pursuant to this Section for | ||||||
15 | the administration and enforcement of this Act.
| ||||||
16 | (c-4) After payments required under subsection (b-5), (c), | ||||||
17 | and (c-3) have been made from the tax revenue from electronic | ||||||
18 | gaming deposited into the State Gaming Fund under this Section, | ||||||
19 | all remaining amounts from electronic gaming shall be deposited | ||||||
20 | into the Education Assistance Fund. | ||||||
21 | (c-5) Before May 26, 2006 (the effective date of Public Act | ||||||
22 | 94-804) and beginning on the effective date of this amendatory | ||||||
23 | Act of the 95th General Assembly, unless any organization | ||||||
24 | licensee under the Illinois Horse Racing Act of 1975 begins to | ||||||
25 | operate a slot machine or video game of chance under the | ||||||
26 | Illinois Horse Racing Act of 1975 or this Act, after the |
| |||||||
| |||||||
1 | payments required under subsections (b) and (c) have been
made, | ||||||
2 | an amount equal to 15% of the adjusted gross receipts of (1) an | ||||||
3 | owners
licensee that relocates pursuant to Section 11.2,
(2) an | ||||||
4 | owners licensee
conducting riverboat gambling operations
| ||||||
5 | pursuant to an
owners license that is initially issued after | ||||||
6 | June
25, 1999,
or (3) the first
riverboat gambling operations | ||||||
7 | conducted by a licensed manager on behalf of the
State under | ||||||
8 | Section 7.3,
whichever comes first, shall be paid from the | ||||||
9 | State
Gaming Fund into the Horse Racing Equity Fund.
| ||||||
10 | (c-10) Each year the General Assembly shall appropriate | ||||||
11 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
12 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
13 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
14 | (c-15) After the payments required under subsections (b), | ||||||
15 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
16 | adjusted gross receipts of (1)
an owners licensee that | ||||||
17 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
18 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
19 | license that is initially issued after June 25, 1999,
or (3) | ||||||
20 | the first
riverboat gambling operations conducted by a licensed | ||||||
21 | manager on behalf of the
State under Section 7.3,
whichever | ||||||
22 | comes first, shall be paid, subject to appropriation
from the | ||||||
23 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
24 | county with a population of over 3,000,000 inhabitants for the | ||||||
25 | purpose of
enhancing the county's criminal justice system.
| ||||||
26 | (c-20) Each year the General Assembly shall appropriate |
| |||||||
| |||||||
1 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
2 | an amount equal to the amount
paid to each home rule county | ||||||
3 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
4 | subsection (c-15) in the prior calendar year.
| ||||||
5 | (c-25) On July 1, 2013 and each July 1 thereafter, | ||||||
6 | $1,600,000 shall be transferred from the State Gaming Fund to | ||||||
7 | the Chicago State University Education Improvement Fund.
| ||||||
8 | (c-30) On July 1, 2013 or as soon as possible thereafter, | ||||||
9 | $92,000,000 shall be transferred from the State Gaming Fund to | ||||||
10 | the School Infrastructure Fund and $23,000,000 shall be | ||||||
11 | transferred from the State Gaming Fund to the Horse Racing | ||||||
12 | Equity Fund. | ||||||
13 | (c-35) Beginning on July 1, 2013, in addition to any amount | ||||||
14 | transferred under subsection (c-30) of this Section, | ||||||
15 | $5,530,000 shall be transferred monthly from the State Gaming | ||||||
16 | Fund to the School Infrastructure Fund. | ||||||
17 | (d) From time to time, the
Board shall transfer the | ||||||
18 | remainder of the funds
generated by this Act into the Education
| ||||||
19 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
20 | Illinois.
| ||||||
21 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
22 | government
designated as the home dock of the riverboat from | ||||||
23 | entering into agreements
with other units of local government | ||||||
24 | in this State or in other states to
share its portion of the | ||||||
25 | tax revenue.
| ||||||
26 | (f) To the extent practicable, the Board shall administer |
| |||||||
| |||||||
1 | and collect the
wagering taxes imposed by this Section in a | ||||||
2 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
3 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
4 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
5 | Penalty and Interest Act.
| ||||||
6 | (Source: P.A. 98-18, eff. 6-7-13.)
| ||||||
7 | (230 ILCS 10/14) (from Ch. 120, par. 2414)
| ||||||
8 | Sec. 14. Licensees - Records - Reports - Supervision.
| ||||||
9 | (a) Licensed owners and electronic gaming licensees A | ||||||
10 | licensed owner shall keep his books and records so as to | ||||||
11 | clearly
show the following:
| ||||||
12 | (1) The amount received daily from admission fees.
| ||||||
13 | (2) The total amount of gross receipts.
| ||||||
14 | (3) The total amount of the adjusted gross receipts.
| ||||||
15 | (b) Licensed owners and electronic gaming licensees The | ||||||
16 | licensed owner shall furnish to the Board reports and | ||||||
17 | information as
the Board may require with respect to its | ||||||
18 | activities on forms designed and
supplied for such purpose by | ||||||
19 | the Board.
| ||||||
20 | (c) The books and records kept by a licensed owner as | ||||||
21 | provided by this Section are
public records and the | ||||||
22 | examination, publication, and dissemination of the
books and | ||||||
23 | records are governed by the provisions of The Freedom of | ||||||
24 | Information Act.
| ||||||
25 | (Source: P.A. 86-1029.)
|
| |||||||
| |||||||
1 | (230 ILCS 10/15) (from Ch. 120, par. 2415)
| ||||||
2 | Sec. 15. Audit of Licensee Operations. Annually, the | ||||||
3 | licensed owner , or manager , or electronic gaming licensee shall
| ||||||
4 | transmit to the Board an audit of the financial transactions
| ||||||
5 | and condition of the licensee's or manager's total operations. | ||||||
6 | Additionally, within 90 days after the end of each quarter of | ||||||
7 | each fiscal year, the licensed owner , or manager , or electronic | ||||||
8 | gaming licensee shall transmit to the Board a compliance report | ||||||
9 | on engagement procedures determined by the Board. All audits | ||||||
10 | and compliance engagements shall be
conducted by certified | ||||||
11 | public accountants selected by the Board. Each
certified public | ||||||
12 | accountant must be registered in the State of
Illinois under | ||||||
13 | the Illinois Public Accounting Act.
The compensation for each | ||||||
14 | certified public accountant shall be paid
directly by the | ||||||
15 | licensed owner , or manager , or electronic gaming licensee to | ||||||
16 | the certified public
accountant.
| ||||||
17 | (Source: P.A. 96-1392, eff. 1-1-11.)
| ||||||
18 | (230 ILCS 10/16) (from Ch. 120, par. 2416)
| ||||||
19 | Sec. 16. Annual Report of Board. The Board shall make an
| ||||||
20 | annual report to the Governor, for the period ending December | ||||||
21 | 31 of each
year. Included in the report shall be an account of | ||||||
22 | the Board
actions, its financial position and results of | ||||||
23 | operation under this Act and the Chicago Casino Development | ||||||
24 | Authority Act ,
the practical results attained under this Act |
| |||||||
| |||||||
1 | and the Chicago Casino Development Authority Act and any | ||||||
2 | recommendations for
legislation which the Board deems | ||||||
3 | advisable.
| ||||||
4 | (Source: P.A. 86-1029.)
| ||||||
5 | (230 ILCS 10/17) (from Ch. 120, par. 2417)
| ||||||
6 | Sec. 17. Administrative Procedures. The Illinois | ||||||
7 | Administrative Procedure
Act shall apply to all administrative | ||||||
8 | rules and procedures of the Board under
this Act , the Chicago | ||||||
9 | Casino Development Authority Act, and or the Video Gaming Act, | ||||||
10 | except that: (1) subsection (b) of Section 5-10 of the Illinois
| ||||||
11 | Administrative Procedure Act does not apply to final orders, | ||||||
12 | decisions and
opinions of the Board; (2) subsection (a) of | ||||||
13 | Section 5-10 of the Illinois
Administrative Procedure Act does | ||||||
14 | not apply to forms established by the Board
for use under this | ||||||
15 | Act , the Chicago Casino Development Authority Act, and or the | ||||||
16 | Video Gaming Act; (3) the provisions of Section 10-45 of the | ||||||
17 | Illinois
Administrative Procedure Act regarding proposals for | ||||||
18 | decision are excluded
under this Act , the Chicago Casino | ||||||
19 | Development Authority Act, and or the Video Gaming Act; and (4) | ||||||
20 | the provisions of subsection (d) of Section
10-65 of the | ||||||
21 | Illinois Administrative Procedure Act do not apply so as to
| ||||||
22 | prevent summary suspension of any license pending revocation or | ||||||
23 | other action,
which suspension shall remain in effect unless | ||||||
24 | modified by the Board or unless
the Board's decision is | ||||||
25 | reversed on the merits upon judicial review.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-34, eff. 7-13-09.)
| ||||||
2 | (230 ILCS 10/17.1) (from Ch. 120, par. 2417.1)
| ||||||
3 | Sec. 17.1. Judicial Review.
| ||||||
4 | (a) Jurisdiction and venue for the judicial
review of a | ||||||
5 | final order of the Board relating to licensed owners, | ||||||
6 | suppliers , electronic gaming licensees, and or
special event | ||||||
7 | licenses is vested in the Appellate Court of
the judicial | ||||||
8 | district in which Sangamon County is located. A
petition for | ||||||
9 | judicial review of a final order of the Board must be filed in
| ||||||
10 | the Appellate Court, within 35 days from the date that a copy | ||||||
11 | of the decision
sought to be reviewed was served upon the party | ||||||
12 | affected by the decision.
| ||||||
13 | (b) Judicial review of all other final orders of the Board | ||||||
14 | shall be
conducted in accordance with the Administrative Review | ||||||
15 | Law.
| ||||||
16 | (Source: P.A. 88-1.)
| ||||||
17 | (230 ILCS 10/18) (from Ch. 120, par. 2418)
| ||||||
18 | Sec. 18. Prohibited Activities - Penalty.
| ||||||
19 | (a) A person is guilty of a Class A misdemeanor for doing | ||||||
20 | any of the
following:
| ||||||
21 | (1) Conducting gambling where wagering
is used or to be | ||||||
22 | used
without a license issued by the Board.
| ||||||
23 | (2) Conducting gambling where wagering
is permitted | ||||||
24 | other
than in the manner specified by Section 11.
|
| |||||||
| |||||||
1 | (b) A person is guilty of a Class B misdemeanor for doing | ||||||
2 | any of the
following:
| ||||||
3 | (1) permitting a person under 21 years to make a wager; | ||||||
4 | or
| ||||||
5 | (2) violating paragraph (12) of subsection (a) of | ||||||
6 | Section 11 of this Act.
| ||||||
7 | (c) A person wagering or accepting a wager at any location | ||||||
8 | outside the
riverboat , casino, or electronic gaming facility in | ||||||
9 | violation of paragraph is subject to the penalties in | ||||||
10 | paragraphs (1) or (2) of
subsection (a) of Section 28-1 of the | ||||||
11 | Criminal Code of 2012 is subject to the penalties provided in | ||||||
12 | that Section .
| ||||||
13 | (d) A person commits a Class 4 felony and, in addition, | ||||||
14 | shall be barred
for life from gambling operations riverboats | ||||||
15 | under the jurisdiction of the
Board, if the person does any of | ||||||
16 | the following:
| ||||||
17 | (1) Offers, promises, or gives anything of value or | ||||||
18 | benefit to a person
who is connected with a riverboat or | ||||||
19 | casino owner or electronic gaming licensee, including, but
| ||||||
20 | not limited to, an officer or employee of a licensed owner , | ||||||
21 | electronic gaming licensee, or holder of an
occupational | ||||||
22 | license pursuant to an agreement or arrangement or with the
| ||||||
23 | intent that the promise or thing of value or benefit will | ||||||
24 | influence the
actions of the person to whom the offer, | ||||||
25 | promise, or gift was made in order
to affect or attempt to | ||||||
26 | affect the outcome of a gambling game, or to
influence |
| |||||||
| |||||||
1 | official action of a member of the Board.
| ||||||
2 | (2) Solicits or knowingly accepts or receives a promise | ||||||
3 | of anything of
value or benefit while the person is | ||||||
4 | connected with a riverboat , casino, or electronic gaming | ||||||
5 | facility,
including, but not limited to, an officer or | ||||||
6 | employee of a licensed owner or electronic gaming licensee ,
| ||||||
7 | or the holder of an occupational license, pursuant to an | ||||||
8 | understanding or
arrangement or with the intent that the | ||||||
9 | promise or thing of value or
benefit will influence the | ||||||
10 | actions of the person to affect or attempt to
affect the | ||||||
11 | outcome of a gambling game, or to influence official action | ||||||
12 | of a
member of the Board.
| ||||||
13 | (3) Uses or possesses with the intent to use a device | ||||||
14 | to assist:
| ||||||
15 | (i) In projecting the outcome of the game.
| ||||||
16 | (ii) In keeping track of the cards played.
| ||||||
17 | (iii) In analyzing the probability of the | ||||||
18 | occurrence of an event
relating to the gambling game.
| ||||||
19 | (iv) In analyzing the strategy for playing or | ||||||
20 | betting to be used in the
game except as permitted by | ||||||
21 | the Board.
| ||||||
22 | (4) Cheats at a gambling game.
| ||||||
23 | (5) Manufactures, sells, or distributes any cards, | ||||||
24 | chips, dice, game or
device which is intended to be used to | ||||||
25 | violate any provision of this Act or the Chicago Casino | ||||||
26 | Development Authority Act .
|
| |||||||
| |||||||
1 | (6) Alters or misrepresents the outcome of a gambling | ||||||
2 | game on which
wagers have been made after the outcome is | ||||||
3 | made sure but before it is
revealed to the players.
| ||||||
4 | (7) Places a bet after acquiring knowledge, not | ||||||
5 | available to all players,
of the outcome of the gambling | ||||||
6 | game which is subject of the bet or to aid a
person in | ||||||
7 | acquiring the knowledge for the purpose of placing a bet
| ||||||
8 | contingent on that outcome.
| ||||||
9 | (8) Claims, collects, or takes, or attempts to claim, | ||||||
10 | collect, or take,
money or anything of value in or from the | ||||||
11 | gambling games, with intent to
defraud, without having made | ||||||
12 | a wager contingent on winning a gambling game,
or claims, | ||||||
13 | collects, or takes an amount of money or thing of value of
| ||||||
14 | greater value than the amount won.
| ||||||
15 | (9) Uses counterfeit chips or tokens in a gambling | ||||||
16 | game.
| ||||||
17 | (10) Possesses any key or device designed for the | ||||||
18 | purpose of opening,
entering, or affecting the operation of | ||||||
19 | a gambling game, drop box, or an
electronic or mechanical | ||||||
20 | device connected with the gambling game or for
removing | ||||||
21 | coins, tokens, chips or other contents of a gambling game. | ||||||
22 | This
paragraph (10) does not apply to a gambling licensee | ||||||
23 | or employee of a
gambling licensee acting in furtherance of | ||||||
24 | the employee's employment.
| ||||||
25 | (e) The possession of more than one of the devices | ||||||
26 | described in
subsection (d), paragraphs (3), (5), or (10) |
| |||||||
| |||||||
1 | permits a rebuttable
presumption that the possessor intended to | ||||||
2 | use the devices for cheating.
| ||||||
3 | (f) A person under the age of 21 who, except as authorized | ||||||
4 | under paragraph (10) of Section 11, enters upon a riverboat or | ||||||
5 | in a casino or electronic gaming facility commits a petty | ||||||
6 | offense and is subject to a fine of not less than $100 or more | ||||||
7 | than $250 for a first offense and of not less than $200 or more | ||||||
8 | than $500 for a second or subsequent offense. | ||||||
9 | An action to prosecute any crime occurring on a riverboat
| ||||||
10 | shall be tried in the county of the dock at which the riverboat | ||||||
11 | is based. An action to prosecute any crime occurring in a | ||||||
12 | casino or electronic gaming facility
shall be tried in the | ||||||
13 | county in which the casino or electronic gaming facility is | ||||||
14 | located.
| ||||||
15 | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
| ||||||
16 | (230 ILCS 10/18.1) | ||||||
17 | Sec. 18.1. Distribution of certain fines. If a fine is | ||||||
18 | imposed on an owner licensee or an electronic gaming licensee | ||||||
19 | for knowingly sending marketing or promotional materials to any | ||||||
20 | person placed on the self-exclusion list, then the Board shall | ||||||
21 | distribute an amount equal to 15% of the fine imposed to the | ||||||
22 | unit of local government in which the casino, riverboat , or | ||||||
23 | electronic gaming facility is located for the purpose of | ||||||
24 | awarding grants to non-profit entities that assist gambling | ||||||
25 | addicts.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-224, eff. 8-11-09.) | ||||||
2 | (230 ILCS 10/18.2 new) | ||||||
3 | Sec. 18.2. Prohibition on political contributions from | ||||||
4 | certain licensees and applicants. | ||||||
5 | (a) The General Assembly has a compelling interest in | ||||||
6 | protecting the integrity of both the electoral process and the | ||||||
7 | legislative process by preventing corruption and the | ||||||
8 | appearance of corruption which may arise through permitting | ||||||
9 | certain political campaign contributions by certain persons | ||||||
10 | involved in the gaming industry and regulated by the State. | ||||||
11 | Unlike most other regulated industries, gaming is especially | ||||||
12 | susceptible to corruption and potential criminal influence. | ||||||
13 | In Illinois, only licensed gaming activities are legal and | ||||||
14 | all other gaming activities are strictly prohibited. Given | ||||||
15 | these circumstances, it is imperative to eliminate any | ||||||
16 | potential corrupt influence in
the gaming industry and the | ||||||
17 | electoral process. Banning political campaign contributions by | ||||||
18 | certain persons subject to this Section to State officeholders | ||||||
19 | and candidates for such offices and to county and municipal | ||||||
20 | officeholders and candidates for such offices in counties and | ||||||
21 | municipalities that receive financial benefits from gaming | ||||||
22 | activities is necessary to prevent corruption and the | ||||||
23 | appearance of corruption that may arise when political campaign | ||||||
24 | contributions and gaming that is regulated by the State and | ||||||
25 | that confers benefits on counties and municipalities are |
| |||||||
| |||||||
1 | intermingled. | ||||||
2 | The General Assembly has prohibited political campaign | ||||||
3 | contributions to certain State and local officeholders and | ||||||
4 | candidates for such offices by certain persons with State of | ||||||
5 | Illinois and Metropolitan Pier and Exposition Authority | ||||||
6 | contracts and pending bids or proposals for contracts of over | ||||||
7 | $50,000 and certain individuals and entities affiliated with | ||||||
8 | such persons. Certain gaming licensees will receive receipts | ||||||
9 | far in excess of the base level of contract amounts subject to | ||||||
10 | such other campaign contribution prohibitions. | ||||||
11 | (b) As used in this Section: | ||||||
12 | "Affiliated entity" means (i) any corporate parent and each | ||||||
13 | operating subsidiary of the business entity applying for or | ||||||
14 | holding a license, (ii) each operating subsidiary of the | ||||||
15 | corporate parent of the business entity applying for or holding | ||||||
16 | a license, (iii) any organization recognized by the United | ||||||
17 | States
Internal Revenue Service as a tax-exempt organization | ||||||
18 | described in Section 501(c) of the Internal
Revenue Code of | ||||||
19 | 1986 (or any successor provision of federal tax law) | ||||||
20 | established by one or more business entities seeking or holding | ||||||
21 | a license, any affiliated entity of such business entity, or | ||||||
22 | any affiliated person of such business entity, and (iv) any | ||||||
23 | political committee for which the business entity applying for | ||||||
24 | or holding a license, or any 501(c) organization described in | ||||||
25 | item (iii) related to that business entity, is the sponsoring | ||||||
26 | entity, as defined in Section 9-3 of the Election Code. For |
| |||||||
| |||||||
1 | purposes of item (iv), the funding of all business entities | ||||||
2 | applying for or holding a license shall be aggregated in | ||||||
3 | determining whether such political committee is an affiliated | ||||||
4 | entity. | ||||||
5 | "Affiliated person" means (i) any person with any ownership | ||||||
6 | interest or distributive share in excess of 7.5% of any | ||||||
7 | business entity applying for or holding a license, (ii) | ||||||
8 | executive employees of any such business entity, (iii) any | ||||||
9 | person designated as a key person under this Act, and
(iv) the | ||||||
10 | spouse of such persons. | ||||||
11 | "Contribution" means a contribution as defined in Section | ||||||
12 | 9-1.4 of the Election Code. | ||||||
13 | "Declared candidate" means a person who has filed a | ||||||
14 | statement of candidacy and petition for nomination or election | ||||||
15 | in the principal office of the State Board of Elections, or in | ||||||
16 | the office of the appropriate election authority for any county | ||||||
17 | or municipality in which a casino or electronic gaming device | ||||||
18 | is located or proposed or which receives any gaming revenue. | ||||||
19 | "Executive employee" means any person who is (i) an officer | ||||||
20 | or director or who fulfills duties equivalent to those of an | ||||||
21 | officer or director of a business entity applying for or | ||||||
22 | holding a license and (ii) any employee of such business entity | ||||||
23 | who is required to register under the Lobbyist Registration | ||||||
24 | Act. | ||||||
25 | "License" means any owner, electronic gaming, or manager | ||||||
26 | license issued pursuant to this Act. |
| |||||||
| |||||||
1 | "Officeholder" means the Governor, Lieutenant Governor, | ||||||
2 | Attorney General, Secretary of State,
Comptroller, Treasurer, | ||||||
3 | member of the General Assembly, or any officeholder in any | ||||||
4 | county or municipality in which a riverboat, casino, or | ||||||
5 | electronic gaming device is located or proposed or which | ||||||
6 | receives any gaming revenue. | ||||||
7 | "Business entity" means any entity doing business for | ||||||
8 | profit, whether organized as a corporation, partnership, sole | ||||||
9 | proprietorship, limited liability company, or partnership or | ||||||
10 | otherwise. | ||||||
11 | (c) Any person or business entity applying for or holding a | ||||||
12 | license, any affiliated entities or persons of such business | ||||||
13 | entity, and any entities or persons soliciting a contribution | ||||||
14 | or causing a contribution to be made on behalf of such person | ||||||
15 | or business entity, are prohibited from making any contribution | ||||||
16 | to any officeholder or declared candidate or any political | ||||||
17 | committee affiliated with any officeholder or declared | ||||||
18 | candidate, as defined in Section 9-1.8 of the Election Code. | ||||||
19 | This prohibition shall commence upon filing of an application | ||||||
20 | for a license and shall continue for a period of 2 years after | ||||||
21 | termination, suspension, or revocation of the license. | ||||||
22 | The Board shall have authority to suspend, revoke, or | ||||||
23 | restrict the license and to impose civil penalties of up to | ||||||
24 | $100,000 for each violation of this subsection (c). A notice of | ||||||
25 | each such violation and the penalty imposed shall be published | ||||||
26 | on the Board's website and in the Illinois Register. Payments |
| |||||||
| |||||||
1 | received by the State pursuant to this subsection (c) shall be | ||||||
2 | deposited into the General Revenue Fund. | ||||||
3 | Any officeholder or declared candidate or any political | ||||||
4 | committee affiliated with any officeholder or declared | ||||||
5 | candidate that has received a contribution in violation of this | ||||||
6 | subsection (c) shall pay an amount equal to the value of the | ||||||
7 | contribution to the State no more than 30 days after notice of | ||||||
8 | the violation concerning the contribution appears in the | ||||||
9 | Illinois Register. Payments received by the State pursuant to | ||||||
10 | this subsection (c) shall be deposited into the General Revenue | ||||||
11 | Fund. | ||||||
12 | (d) The Board shall post on its website a list of all | ||||||
13 | persons, business entities, and affiliated entities prohibited | ||||||
14 | from making contributions to any officeholder or declared | ||||||
15 | candidate political committee pursuant to subsection (c), | ||||||
16 | which list shall be updated and published on, at a minimum, a | ||||||
17 | semiannual basis. | ||||||
18 | Any person, business entity, or affiliated entity | ||||||
19 | prohibited from making contributions to any officeholder or | ||||||
20 | declared candidate political committee pursuant to subsection | ||||||
21 | (c) shall notify the Board within 7 days after discovering any | ||||||
22 | necessary change or addition to the information relating to | ||||||
23 | that person, business entity, or affiliated entity contained in | ||||||
24 | the list. | ||||||
25 | An individual who acts in good faith and in reliance on any | ||||||
26 | information contained in the list shall not be subject to any |
| |||||||
| |||||||
1 | penalties or liability imposed for a violation of this Section. | ||||||
2 | (e) If any provision of this Section is held invalid or its | ||||||
3 | application to any person or circumstance is held invalid, the | ||||||
4 | invalidity of that provision or application does not affect the | ||||||
5 | other provisions or applications of this Section that can be | ||||||
6 | given effect without the invalid application or provision.
| ||||||
7 | (230 ILCS 10/19) (from Ch. 120, par. 2419)
| ||||||
8 | Sec. 19. Forfeiture of property. | ||||||
9 | (a) Except as provided in
subsection (b), any riverboat , | ||||||
10 | casino, or electronic gaming facility
used for the conduct of | ||||||
11 | gambling games in violation of this Act shall be
considered a | ||||||
12 | gambling place in violation of Section 28-3 of the Criminal
| ||||||
13 | Code of 2012. Every gambling device found on
a riverboat , in a | ||||||
14 | casino, or at an electronic gaming facility operating gambling | ||||||
15 | games in violation of this
Act and every slot machine and video | ||||||
16 | game of chance found at an electronic gaming facility operating | ||||||
17 | gambling games in violation of this Act or the Chicago Casino | ||||||
18 | Development Authority Act shall be subject to seizure, | ||||||
19 | confiscation and destruction as provided
in Section 28-5 of the | ||||||
20 | Criminal Code of 2012.
| ||||||
21 | (b) It is not a violation of this Act for a riverboat or | ||||||
22 | other
watercraft which is licensed for gaming by a contiguous | ||||||
23 | state to dock on
the shores of this State if the municipality | ||||||
24 | having jurisdiction of the
shores, or the county in the case of | ||||||
25 | unincorporated areas, has granted
permission for docking and no |
| |||||||
| |||||||
1 | gaming is conducted on the riverboat or other
watercraft while | ||||||
2 | it is docked on the shores of this State.
No gambling device | ||||||
3 | shall be subject to seizure, confiscation or
destruction if the | ||||||
4 | gambling device is located on a riverboat or other
watercraft | ||||||
5 | which is licensed for gaming by a contiguous state and which is
| ||||||
6 | docked on the shores of this State if the municipality having | ||||||
7 | jurisdiction
of the shores, or the county in the case of | ||||||
8 | unincorporated areas, has
granted permission for docking and no
| ||||||
9 | gaming is conducted on the riverboat or other watercraft while | ||||||
10 | it is docked on
the shores of this State.
| ||||||
11 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
12 | (230 ILCS 10/20) (from Ch. 120, par. 2420)
| ||||||
13 | Sec. 20. Prohibited activities - civil penalties. Any | ||||||
14 | person who
conducts a gambling operation without first | ||||||
15 | obtaining a
license to do so, or who continues to conduct such | ||||||
16 | games after revocation
of his license, or any licensee who | ||||||
17 | conducts or allows to be
conducted any unauthorized gambling | ||||||
18 | games on a riverboat , in a casino, or at an electronic gaming | ||||||
19 | facility where it is
authorized to conduct its riverboat | ||||||
20 | gambling operation, in addition to
other penalties provided, | ||||||
21 | shall be subject to a civil penalty equal to the
amount of | ||||||
22 | gross receipts derived from wagering on the gambling games,
| ||||||
23 | whether unauthorized or authorized, conducted on that day as | ||||||
24 | well as
confiscation and forfeiture of all gambling game | ||||||
25 | equipment used in the
conduct of unauthorized gambling games.
|
| |||||||
| |||||||
1 | (Source: P.A. 86-1029.)
| ||||||
2 | (230 ILCS 10/21) (from Ch. 120, par. 2421)
| ||||||
3 | Sec. 21. Limitation on taxation of licensees. Licensees | ||||||
4 | shall not be
subjected to any excise tax, license tax,
permit | ||||||
5 | tax, privilege tax, occupation tax or excursion tax which is | ||||||
6 | imposed
exclusively upon the licensee by the State or any | ||||||
7 | political
subdivision thereof, except as provided in this Act | ||||||
8 | or the Chicago Casino Development Authority Act .
| ||||||
9 | (Source: P.A. 86-1029.)
| ||||||
10 | (230 ILCS 10/23) (from Ch. 120, par. 2423)
| ||||||
11 | Sec. 23. The State Gaming Fund. On or after the effective | ||||||
12 | date of
this Act, except as provided for payments into the | ||||||
13 | Horse Racing Equity Trust Fund under subsection (a) of Section | ||||||
14 | 7, all of the fees and taxes collected pursuant to
this Act or | ||||||
15 | the Chicago Casino Development Authority Act shall be deposited | ||||||
16 | into the State Gaming Fund, a
special fund in the State | ||||||
17 | Treasury, which is hereby created. The adjusted
gross receipts | ||||||
18 | of any riverboat gambling operations conducted by a licensed
| ||||||
19 | manager on behalf of the State remaining after the payment of | ||||||
20 | the fees and
expenses of the licensed manager shall be | ||||||
21 | deposited into the State Gaming
Fund. Fines and
penalties | ||||||
22 | collected pursuant to this Act or the Chicago Casino | ||||||
23 | Development Authority Act shall be deposited into the
Education | ||||||
24 | Assistance Fund, created by Public Act 86-0018, of the State of
|
| |||||||
| |||||||
1 | Illinois.
| ||||||
2 | (Source: P.A. 93-28, eff. 6-20-03; 94-804, eff. 5-26-06.)
| ||||||
3 | (230 ILCS 10/24)
| ||||||
4 | Sec. 24. Applicability of this Illinois Riverboat Gambling | ||||||
5 | Act. The provisions of the this Illinois Riverboat Gambling | ||||||
6 | Act, and all rules promulgated thereunder, shall apply to the | ||||||
7 | the Chicago Casino Development Authority Act and the Video | ||||||
8 | Gaming Act, except where there is a conflict between the 2 | ||||||
9 | Acts. In the event of a conflict between this Act and the | ||||||
10 | Chicago Casino Development Authority Act, the terms of the | ||||||
11 | Chicago Casino Development Authority Act shall prevail. In the | ||||||
12 | event of a conflict between this Act and the Video Gaming Act, | ||||||
13 | the terms of this Act shall prevail.
| ||||||
14 | (Source: P.A. 96-37, eff. 7-13-09.) | ||||||
15 | Section 90-42. The Video Gaming
Act is amended by changing | ||||||
16 | Sections 5, 25, 45, 79, and 80 and by adding Section 81 as | ||||||
17 | follows:
| ||||||
18 | (230 ILCS 40/5)
| ||||||
19 | Sec. 5. Definitions. As used in this Act:
| ||||||
20 | "Board" means the Illinois Gaming Board.
| ||||||
21 | "Credit" means one, 5, 10, or 25 cents either won or | ||||||
22 | purchased by a player.
| ||||||
23 | "Distributor" means an individual, partnership, |
| |||||||
| |||||||
1 | corporation, or limited liability company licensed under
this | ||||||
2 | Act to buy, sell, lease, or distribute video gaming terminals | ||||||
3 | or major
components or parts of video gaming terminals to or | ||||||
4 | from terminal
operators.
| ||||||
5 | "Electronic card" means a card purchased from a licensed | ||||||
6 | establishment, licensed fraternal establishment, licensed | ||||||
7 | veterans establishment, or licensed truck stop establishment | ||||||
8 | for use in that establishment as a substitute for cash in the | ||||||
9 | conduct of gaming on a video gaming terminal. | ||||||
10 | "Electronic voucher" means a voucher printed by an | ||||||
11 | electronic video game machine that is redeemable in the | ||||||
12 | licensed establishment for which it was issued. | ||||||
13 | "Terminal operator" means an individual, partnership, | ||||||
14 | corporation, or limited liability company that is
licensed | ||||||
15 | under this Act and that owns, services, and maintains video
| ||||||
16 | gaming terminals for placement in licensed establishments, | ||||||
17 | licensed truck stop establishments, licensed fraternal
| ||||||
18 | establishments, or licensed veterans establishments.
| ||||||
19 | "Licensed technician" means an individual
who
is licensed | ||||||
20 | under this Act to repair,
service, and maintain
video gaming | ||||||
21 | terminals.
| ||||||
22 | "Licensed terminal handler" means a person, including but | ||||||
23 | not limited to an employee or independent contractor working | ||||||
24 | for a manufacturer, distributor, supplier, technician, or | ||||||
25 | terminal operator, who is licensed under this Act to possess or | ||||||
26 | control a video gaming terminal or to have access to the inner |
| |||||||
| |||||||
1 | workings of a video gaming terminal. A licensed terminal | ||||||
2 | handler does not include an individual, partnership, | ||||||
3 | corporation, or limited liability company defined as a | ||||||
4 | manufacturer, distributor, supplier, technician, or terminal | ||||||
5 | operator under this Act. | ||||||
6 | "Manufacturer" means an individual, partnership, | ||||||
7 | corporation, or limited liability company that is
licensed | ||||||
8 | under this Act and that manufactures or assembles video gaming
| ||||||
9 | terminals.
| ||||||
10 | "Supplier" means an individual, partnership, corporation, | ||||||
11 | or limited liability company that is
licensed under this Act to | ||||||
12 | supply major components or parts to video gaming
terminals to | ||||||
13 | licensed
terminal operators.
| ||||||
14 | "Net terminal income" means money put into a video gaming | ||||||
15 | terminal minus
credits paid out to players.
| ||||||
16 | "Video gaming terminal" means any electronic video game | ||||||
17 | machine
that, upon insertion of cash, electronic cards or | ||||||
18 | vouchers, or any combination thereof, is available to play or | ||||||
19 | simulate the play of
a video game, including but not limited to | ||||||
20 | video poker, line up, and blackjack, as
authorized by the Board | ||||||
21 | utilizing a video display and microprocessors in
which the | ||||||
22 | player may receive free games or credits that can be
redeemed | ||||||
23 | for cash. The term does not include a machine that directly
| ||||||
24 | dispenses coins, cash, or tokens or is for amusement purposes | ||||||
25 | only.
| ||||||
26 | "Licensed establishment" means any licensed retail |
| |||||||
| |||||||
1 | establishment where
alcoholic liquor is drawn, poured, mixed, | ||||||
2 | or otherwise served for consumption
on the premises, whether | ||||||
3 | the establishment operates on a nonprofit or for-profit basis. | ||||||
4 | "Licensed establishment" includes any such establishment that | ||||||
5 | has a contractual relationship with an inter-track wagering | ||||||
6 | location licensee licensed under the Illinois Horse Racing Act | ||||||
7 | of 1975, provided any contractual relationship shall not | ||||||
8 | include any transfer or offer of revenue from the operation of | ||||||
9 | video gaming under this Act to any licensee licensed under the | ||||||
10 | Illinois Horse Racing Act of 1975. Provided, however, that the | ||||||
11 | licensed establishment that has such a contractual | ||||||
12 | relationship with an inter-track wagering location licensee | ||||||
13 | may not, itself, be (i) an inter-track wagering location | ||||||
14 | licensee, (ii) the corporate parent or subsidiary of any | ||||||
15 | licensee licensed under the Illinois Horse Racing Act of 1975, | ||||||
16 | or (iii) the corporate subsidiary of a corporation that is also | ||||||
17 | the corporate parent or subsidiary of any licensee licensed | ||||||
18 | under the Illinois Horse Racing Act of 1975. "Licensed | ||||||
19 | establishment" does not include a facility operated by an | ||||||
20 | organization licensee, an inter-track wagering licensee, or an | ||||||
21 | inter-track wagering location licensee licensed under the | ||||||
22 | Illinois Horse Racing Act of 1975 or a riverboat licensed under | ||||||
23 | the Illinois Riverboat Gambling Act, except as provided in this | ||||||
24 | paragraph. The changes made to this definition by Public Act | ||||||
25 | 98-587 are declarative of existing law.
| ||||||
26 | "Licensed fraternal establishment" means the location |
| |||||||
| |||||||
1 | where a qualified
fraternal organization that derives its | ||||||
2 | charter from a national fraternal
organization regularly | ||||||
3 | meets.
| ||||||
4 | "Licensed veterans establishment" means the location where | ||||||
5 | a qualified
veterans organization that derives its charter from | ||||||
6 | a national veterans
organization regularly meets.
| ||||||
7 | "Licensed truck stop establishment" means a facility (i) | ||||||
8 | that is at least a
3-acre facility with a convenience store, | ||||||
9 | (ii) with separate diesel
islands for fueling commercial motor | ||||||
10 | vehicles, (iii) that sells at retail more than 10,000 gallons | ||||||
11 | of diesel or biodiesel fuel per month, and (iv) with parking | ||||||
12 | spaces for commercial
motor vehicles. "Commercial motor | ||||||
13 | vehicles" has the same meaning as defined in Section 18b-101 of | ||||||
14 | the Illinois Vehicle Code. The requirement of item (iii) of | ||||||
15 | this paragraph may be met by showing that estimated future | ||||||
16 | sales or past sales average at least 10,000 gallons per month.
| ||||||
17 | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; | ||||||
18 | 98-582, eff. 8-27-13; 98-587, eff. 8-27-13; 98-756, eff. | ||||||
19 | 7-16-14.)
| ||||||
20 | (230 ILCS 40/25)
| ||||||
21 | Sec. 25. Restriction of licensees.
| ||||||
22 | (a) Manufacturer. A person may not be licensed as a | ||||||
23 | manufacturer of a
video gaming terminal in Illinois unless the | ||||||
24 | person has a valid
manufacturer's license issued
under this | ||||||
25 | Act. A manufacturer may only sell video gaming terminals for |
| |||||||
| |||||||
1 | use
in Illinois to
persons having a valid distributor's | ||||||
2 | license.
| ||||||
3 | (b) Distributor. A person may not sell, distribute, or | ||||||
4 | lease
or market a video gaming terminal in Illinois unless the | ||||||
5 | person has a valid
distributor's
license issued under this Act. | ||||||
6 | A distributor may only sell video gaming
terminals for use in
| ||||||
7 | Illinois to persons having a valid distributor's or terminal | ||||||
8 | operator's
license.
| ||||||
9 | (c) Terminal operator. A person may not own, maintain, or | ||||||
10 | place a video gaming terminal unless he has a valid terminal | ||||||
11 | operator's
license issued
under this Act. A terminal operator | ||||||
12 | may only place video gaming terminals for
use in
Illinois in | ||||||
13 | licensed establishments, licensed truck stop establishments, | ||||||
14 | licensed fraternal establishments,
and
licensed veterans | ||||||
15 | establishments.
No terminal operator may give anything of | ||||||
16 | value, including but not limited to
a loan or financing | ||||||
17 | arrangement, to a licensed establishment, licensed truck stop | ||||||
18 | establishment,
licensed fraternal establishment, or licensed | ||||||
19 | veterans establishment as
any incentive or inducement to locate | ||||||
20 | video terminals in that establishment.
Of the after-tax profits
| ||||||
21 | from a video gaming terminal, 50% shall be paid to the terminal
| ||||||
22 | operator and 50% shall be paid to the licensed establishment, | ||||||
23 | licensed truck stop establishment,
licensed fraternal | ||||||
24 | establishment, or
licensed veterans establishment, | ||||||
25 | notwithstanding any agreement to the contrary.
A video terminal | ||||||
26 | operator that violates one or more requirements of this |
| |||||||
| |||||||
1 | subsection is guilty of a Class 4 felony and is subject to | ||||||
2 | termination of his or her license by the Board.
| ||||||
3 | (d) Licensed technician. A person may not service, | ||||||
4 | maintain, or repair a
video gaming terminal
in this State | ||||||
5 | unless he or she (1) has a valid technician's license issued
| ||||||
6 | under this Act, (2) is a terminal operator, or (3) is employed | ||||||
7 | by a terminal
operator, distributor, or manufacturer.
| ||||||
8 | (d-5) Licensed terminal handler. No person, including, but | ||||||
9 | not limited to, an employee or independent contractor working | ||||||
10 | for a manufacturer, distributor, supplier, technician, or | ||||||
11 | terminal operator licensed pursuant to this Act, shall have | ||||||
12 | possession or control of a video gaming terminal, or access to | ||||||
13 | the inner workings of a video gaming terminal, unless that | ||||||
14 | person possesses a valid terminal handler's license issued | ||||||
15 | under this Act. | ||||||
16 | (e) Licensed establishment. No video gaming terminal may be | ||||||
17 | placed in any licensed establishment, licensed veterans | ||||||
18 | establishment, licensed truck stop establishment,
or licensed | ||||||
19 | fraternal establishment
unless the owner
or agent of the owner | ||||||
20 | of the licensed establishment, licensed veterans | ||||||
21 | establishment, licensed truck stop establishment, or licensed
| ||||||
22 | fraternal establishment has entered into a
written use | ||||||
23 | agreement with the terminal operator for placement of the
| ||||||
24 | terminals. A copy of the use agreement shall be on file in the | ||||||
25 | terminal
operator's place of business and available for | ||||||
26 | inspection by individuals
authorized by the Board. A licensed |
| |||||||
| |||||||
1 | establishment, licensed truck stop establishment, licensed | ||||||
2 | veterans establishment,
or
licensed
fraternal
establishment | ||||||
3 | may operate up to 5 video gaming terminals on its premises at | ||||||
4 | any
time.
| ||||||
5 | (f) (Blank).
| ||||||
6 | (g) Financial interest restrictions.
As used in this Act, | ||||||
7 | "substantial interest" in a partnership, a corporation, an
| ||||||
8 | organization, an association, a business, or a limited | ||||||
9 | liability company means:
| ||||||
10 | (A) When, with respect to a sole proprietorship, an | ||||||
11 | individual or
his or her spouse owns, operates, manages, or | ||||||
12 | conducts, directly
or indirectly, the organization, | ||||||
13 | association, or business, or any part thereof;
or
| ||||||
14 | (B) When, with respect to a partnership, the individual | ||||||
15 | or his or
her spouse shares in any of the profits, or | ||||||
16 | potential profits,
of the partnership activities; or
| ||||||
17 | (C) When, with respect to a corporation, an individual | ||||||
18 | or his or her
spouse is an officer or director, or the | ||||||
19 | individual or his or her spouse is a holder, directly or | ||||||
20 | beneficially, of 5% or more of any class
of stock of the | ||||||
21 | corporation; or
| ||||||
22 | (D) When, with respect to an organization not covered | ||||||
23 | in (A), (B) or
(C) above, an individual or his or her | ||||||
24 | spouse is an officer or manages the
business affairs, or | ||||||
25 | the individual or his or her spouse is the
owner of or | ||||||
26 | otherwise controls 10% or more of the assets of the |
| |||||||
| |||||||
1 | organization;
or
| ||||||
2 | (E) When an individual or his or her spouse furnishes
| ||||||
3 | 5% or more of the capital, whether in cash, goods, or | ||||||
4 | services, for the
operation of any business, association, | ||||||
5 | or organization during any calendar
year; or | ||||||
6 | (F) When, with respect to a limited liability company, | ||||||
7 | an individual or his or her
spouse is a member, or the | ||||||
8 | individual or his or her spouse is a holder, directly or | ||||||
9 | beneficially, of 5% or more of the membership interest of | ||||||
10 | the limited liability company.
| ||||||
11 | For purposes of this subsection (g), "individual" includes | ||||||
12 | all individuals or their spouses whose combined interest would | ||||||
13 | qualify as a substantial interest under this subsection (g) and | ||||||
14 | whose activities with respect to an organization, association, | ||||||
15 | or business are so closely aligned or coordinated as to | ||||||
16 | constitute the activities of a single entity. | ||||||
17 | (h) Location restriction. A licensed establishment, | ||||||
18 | licensed truck stop establishment, licensed
fraternal
| ||||||
19 | establishment, or licensed veterans establishment that is (i) | ||||||
20 | located within 1,000
feet of a facility operated by an | ||||||
21 | organization licensee licensed under the Illinois Horse Racing | ||||||
22 | Act of 1975 or the home dock of a riverboat licensed under the | ||||||
23 | Illinois Riverboat
Gambling Act or (ii) located within 100 feet | ||||||
24 | of a school or a place of worship under the Religious | ||||||
25 | Corporation Act, is ineligible to operate a video gaming | ||||||
26 | terminal. The location restrictions in this subsection (h) do |
| |||||||
| |||||||
1 | not apply if (A) a facility operated by an organization | ||||||
2 | licensee, a school, or a place of worship moves to or is | ||||||
3 | established within the restricted area after a licensed | ||||||
4 | establishment, licensed truck stop establishment, licensed | ||||||
5 | fraternal establishment, or licensed veterans establishment | ||||||
6 | becomes licensed under this Act or (B) a school or place of | ||||||
7 | worship moves to or is established within the restricted area | ||||||
8 | after a licensed establishment, licensed truck stop | ||||||
9 | establishment, licensed fraternal establishment, or licensed | ||||||
10 | veterans establishment obtains its original liquor license. | ||||||
11 | For the purpose of this subsection, "school" means an | ||||||
12 | elementary or secondary public school, or an elementary or | ||||||
13 | secondary private school registered with or recognized by the | ||||||
14 | State Board of Education. | ||||||
15 | Notwithstanding the provisions of this subsection (h), the | ||||||
16 | Board may waive the requirement that a licensed establishment, | ||||||
17 | licensed truck stop establishment, licensed fraternal | ||||||
18 | establishment, or licensed veterans establishment not be | ||||||
19 | located within 1,000 feet from a facility operated by an | ||||||
20 | organization licensee licensed under the Illinois Horse Racing | ||||||
21 | Act of 1975 or the home dock of a riverboat licensed under the | ||||||
22 | Illinois Riverboat Gambling Act. The Board shall not grant such | ||||||
23 | waiver if there is any common ownership or control, shared | ||||||
24 | business activity, or contractual arrangement of any type | ||||||
25 | between the establishment and the organization licensee or | ||||||
26 | owners licensee of a riverboat. The Board shall adopt rules to |
| |||||||
| |||||||
1 | implement the provisions of this paragraph. | ||||||
2 | (i) Undue economic concentration. In addition to | ||||||
3 | considering all other requirements under this Act, in deciding | ||||||
4 | whether to approve the operation of video gaming terminals by a | ||||||
5 | terminal operator in a location, the Board shall consider the | ||||||
6 | impact of any economic concentration of such operation of video | ||||||
7 | gaming terminals. The Board shall not allow a terminal operator | ||||||
8 | to operate video gaming terminals if the Board determines such | ||||||
9 | operation will result in undue economic concentration. For | ||||||
10 | purposes of this Section, "undue economic concentration" means | ||||||
11 | that a terminal operator would have such actual or potential | ||||||
12 | influence over video gaming terminals in Illinois as to: | ||||||
13 | (1) substantially impede or suppress competition among | ||||||
14 | terminal operators; | ||||||
15 | (2) adversely impact the economic stability of the | ||||||
16 | video gaming industry in Illinois; or | ||||||
17 | (3) negatively impact the purposes of the Video Gaming | ||||||
18 | Act. | ||||||
19 | The Board shall adopt rules concerning undue economic | ||||||
20 | concentration with respect to the operation of video gaming | ||||||
21 | terminals in Illinois. The rules shall include, but not be | ||||||
22 | limited to, (i) limitations on the number of video gaming | ||||||
23 | terminals operated by any terminal operator within a defined | ||||||
24 | geographic radius and (ii) guidelines on the discontinuation of | ||||||
25 | operation of any such video gaming terminals the Board | ||||||
26 | determines will cause undue economic concentration.
|
| |||||||
| |||||||
1 | (j) The provisions of the Illinois Antitrust Act are fully | ||||||
2 | and equally applicable to the activities of any licensee under | ||||||
3 | this Act.
| ||||||
4 | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, | ||||||
5 | eff. 7-15-13; 98-112, eff. 7-26-13; 98-756, eff. 7-16-14.)
| ||||||
6 | (230 ILCS 40/45)
| ||||||
7 | Sec. 45. Issuance of license.
| ||||||
8 | (a) The burden is upon each applicant to
demonstrate his | ||||||
9 | suitability for licensure. Each video gaming terminal
| ||||||
10 | manufacturer, distributor, supplier, operator, handler, | ||||||
11 | licensed establishment, licensed truck stop establishment, | ||||||
12 | licensed
fraternal
establishment, and licensed veterans | ||||||
13 | establishment shall be
licensed by the Board.
The Board may | ||||||
14 | issue or deny a license under this Act to any person pursuant | ||||||
15 | to the same criteria set forth in Section 9 of the Illinois | ||||||
16 | Riverboat Gambling Act.
| ||||||
17 | (a-5) The Board shall not grant a license to a person who | ||||||
18 | has facilitated, enabled, or participated in the use of | ||||||
19 | coin-operated devices for gambling purposes or who is under the | ||||||
20 | significant influence or control of such a person. For the | ||||||
21 | purposes of this Act, "facilitated, enabled, or participated in | ||||||
22 | the use of coin-operated amusement devices for gambling | ||||||
23 | purposes" means that the person has been convicted of any | ||||||
24 | violation of Article 28 of the Criminal Code of 1961 or the | ||||||
25 | Criminal Code of 2012. If there is pending legal action against |
| |||||||
| |||||||
1 | a person for any such violation, then the Board shall delay the | ||||||
2 | licensure of that person until the legal action is resolved. | ||||||
3 | (b) Each person seeking and possessing a license as a video | ||||||
4 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
5 | handler, licensed establishment, licensed truck stop | ||||||
6 | establishment, licensed fraternal establishment, or licensed | ||||||
7 | veterans establishment shall submit to a background | ||||||
8 | investigation conducted by the Board with the assistance of the | ||||||
9 | State Police or other law enforcement. To the extent that the | ||||||
10 | corporate structure of the applicant allows, the background | ||||||
11 | investigation shall include any or all of the following as the | ||||||
12 | Board deems appropriate or as provided by rule for each | ||||||
13 | category of licensure: (i) each beneficiary of a trust, (ii) | ||||||
14 | each partner of a partnership, (iii) each member of a limited | ||||||
15 | liability company, (iv) each director and officer of a publicly | ||||||
16 | or non-publicly held corporation, (v) each stockholder of a | ||||||
17 | non-publicly held corporation, (vi) each stockholder of 5% or | ||||||
18 | more of a publicly held corporation, or (vii) each stockholder | ||||||
19 | of 5% or more in a parent or subsidiary corporation. | ||||||
20 | (c) Each person seeking and possessing a license as a video | ||||||
21 | gaming terminal manufacturer, distributor, supplier, operator, | ||||||
22 | handler, licensed establishment, licensed truck stop | ||||||
23 | establishment, licensed fraternal establishment, or licensed | ||||||
24 | veterans establishment shall disclose the identity of every | ||||||
25 | person, association, trust, corporation, or limited liability | ||||||
26 | company having a greater than 1% direct or indirect pecuniary |
| |||||||
| |||||||
1 | interest in the video gaming terminal operation for which the | ||||||
2 | license is sought. If the disclosed entity is a trust, the | ||||||
3 | application shall disclose the names and addresses of the | ||||||
4 | beneficiaries; if a corporation, the names and addresses of all | ||||||
5 | stockholders and directors; if a limited liability company, the | ||||||
6 | names and addresses of all members; or if a partnership, the | ||||||
7 | names and addresses of all partners, both general and limited. | ||||||
8 | (d) No person may be licensed as a video gaming terminal | ||||||
9 | manufacturer, distributor, supplier, operator, handler, | ||||||
10 | licensed establishment, licensed truck stop establishment, | ||||||
11 | licensed fraternal establishment, or licensed veterans | ||||||
12 | establishment if that person has been found by the Board to: | ||||||
13 | (1) have a background, including a criminal record, | ||||||
14 | reputation, habits, social or business associations, or | ||||||
15 | prior activities that pose a threat to the public interests | ||||||
16 | of the State or to the security and integrity of video | ||||||
17 | gaming; | ||||||
18 | (2) create or enhance the dangers of unsuitable, | ||||||
19 | unfair, or illegal practices, methods, and activities in | ||||||
20 | the conduct of video gaming; or | ||||||
21 | (3) present questionable business practices and | ||||||
22 | financial arrangements incidental to the conduct of video | ||||||
23 | gaming activities. | ||||||
24 | (e) Any applicant for any license under this Act has the | ||||||
25 | burden of proving his or her qualifications to the satisfaction | ||||||
26 | of the Board. The Board may adopt rules to establish additional |
| |||||||
| |||||||
1 | qualifications and requirements to preserve the integrity and | ||||||
2 | security of video gaming in this State. | ||||||
3 | (f) A non-refundable application fee shall be paid at the | ||||||
4 | time an
application for a license is filed with the Board in | ||||||
5 | the following amounts:
| ||||||
6 | (1) Manufacturer ..........................$5,000
| ||||||
7 | (2) Distributor ...........................$5,000
| ||||||
8 | (3) Terminal operator .....................$5,000
| ||||||
9 | (4) Supplier ..............................$2,500
| ||||||
10 | (5) Technician ..............................$100
| ||||||
11 | (6) Terminal Handler ..............................$50 | ||||||
12 | (g) The Board shall establish an
annual fee for each | ||||||
13 | license not to exceed the following: | ||||||
14 | (1) Manufacturer .........................$10,000
| ||||||
15 | (2) Distributor ..........................$10,000
| ||||||
16 | (3) Terminal operator .....................$5,000
| ||||||
17 | (4) Supplier ..............................$2,000
| ||||||
18 | (5) Technician ..............................$100
| ||||||
19 | (6) Licensed establishment, licensed truck stop
| ||||||
20 | establishment, licensed fraternal establishment,
| ||||||
21 | or licensed veterans establishment ..............$100
| ||||||
22 | (7) Video gaming terminal ...................$100
| ||||||
23 | (8) Terminal Handler ..............................$50
| ||||||
24 | (h) A terminal operator and a licensed establishment, | ||||||
25 | licensed truck stop establishment, licensed fraternal | ||||||
26 | establishment,
or licensed veterans establishment shall |
| |||||||
| |||||||
1 | equally split the fees specified in item (7) of subsection (g). | ||||||
2 | (Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13; | ||||||
3 | 98-587, eff. 8-27-13; 98-756, eff. 7-16-14.)
| ||||||
4 | (230 ILCS 40/79) | ||||||
5 | Sec. 79. Investigators. Investigators appointed by the | ||||||
6 | Board pursuant to the powers conferred upon the Board by | ||||||
7 | paragraph (20.6) of subsection (c) of Section 5 of the Illinois | ||||||
8 | Riverboat Gambling Act and Section 80 of this Act shall have | ||||||
9 | authority to conduct investigations, searches, seizures, | ||||||
10 | arrests, and other duties imposed under this Act and the | ||||||
11 | Illinois Riverboat Gambling Act, as deemed necessary by the | ||||||
12 | Board. These investigators have and may exercise all of the | ||||||
13 | rights and powers of peace officers, provided that these powers | ||||||
14 | shall be (1) limited to offenses or violations occurring or | ||||||
15 | committed in connection with conduct subject to this Act, | ||||||
16 | including, but not limited to, the manufacture, distribution, | ||||||
17 | supply, operation, placement, service, maintenance, or play of | ||||||
18 | video gaming terminals and the distribution of profits and | ||||||
19 | collection of revenues resulting from such play, and (2) | ||||||
20 | exercised, to the fullest extent practicable, in cooperation | ||||||
21 | with the local police department of the applicable municipality | ||||||
22 | or, if these powers are exercised outside the boundaries of an | ||||||
23 | incorporated municipality or within a municipality that does | ||||||
24 | not have its own police department, in cooperation with the | ||||||
25 | police department whose jurisdiction encompasses the |
| |||||||
| |||||||
1 | applicable locality.
| ||||||
2 | (Source: P.A. 97-809, eff. 7-13-12.)
| ||||||
3 | (230 ILCS 40/80)
| ||||||
4 | Sec. 80. Applicability of Illinois Riverboat Gambling Act. | ||||||
5 | The provisions of the Illinois Riverboat Gambling Act, and all | ||||||
6 | rules promulgated thereunder, shall apply to the Video Gaming | ||||||
7 | Act, except where there is a conflict between the 2 Acts. In | ||||||
8 | the event of a conflict between the 2 Acts, the provisions of | ||||||
9 | the Illinois Gambling Act shall prevail. All provisions of the | ||||||
10 | Uniform Penalty and Interest Act shall apply, as far as | ||||||
11 | practicable, to the subject matter of this Act to the same | ||||||
12 | extent as if such provisions were included herein.
| ||||||
13 | (Source: P.A. 96-37, eff. 7-13-09.)
| ||||||
14 | (230 ILCS 40/81 new) | ||||||
15 | Sec. 81. Prohibition of political contributions from | ||||||
16 | certain licensees and applicants. | ||||||
17 | (a) The General Assembly has a compelling interest in | ||||||
18 | protecting the integrity of both the electoral process and the | ||||||
19 | legislative process by preventing corruption and the | ||||||
20 | appearance of corruption which may arise through permitting | ||||||
21 | certain political campaign contributions by certain persons | ||||||
22 | involved in the gaming industry and regulated by the State. | ||||||
23 | Unlike most other regulated industries, gaming is especially | ||||||
24 | susceptible to corruption and potential criminal influence. |
| |||||||
| |||||||
1 | In Illinois, only licensed gaming activities are legal and | ||||||
2 | all other gaming activities are strictly prohibited. Given | ||||||
3 | these circumstances, it is imperative to eliminate any | ||||||
4 | potential corrupt influence in the gaming industry and the | ||||||
5 | electoral process. Banning political campaign contributions by | ||||||
6 | certain persons subject to this Section to State officeholders | ||||||
7 | and candidates for such offices and, where necessary, to county | ||||||
8 | and municipal officeholders and candidates for such offices in | ||||||
9 | counties and municipalities that receive financial benefits | ||||||
10 | from gaming activities is necessary to prevent corruption and | ||||||
11 | the appearance of corruption that may arise when political | ||||||
12 | campaign contributions and gaming that is regulated by the | ||||||
13 | State and that confers benefits on counties and municipalities | ||||||
14 | are intermingled. | ||||||
15 | (b) As used in this Section: | ||||||
16 | "Affiliated entity" means (i) any corporate parent and each | ||||||
17 | operating subsidiary of the business entity applying for or | ||||||
18 | holding a license, (ii) each operating subsidiary of the | ||||||
19 | corporate parent of the business entity applying for or holding | ||||||
20 | a license, (iii) any organization recognized by the United | ||||||
21 | States
Internal Revenue Service as a tax-exempt organization | ||||||
22 | described in Section 501(c) of the Internal
Revenue Code of | ||||||
23 | 1986 (or any successor provision of federal tax law) | ||||||
24 | established by one or more business entities seeking or holding | ||||||
25 | a license, any affiliated entity of such business entity, or | ||||||
26 | any affiliated person of such business entity, and (iv) any |
| |||||||
| |||||||
1 | political committee for which the business entity applying for | ||||||
2 | or holding a license, or any 501(c) organization described in | ||||||
3 | item (iii) related to that business entity, is the sponsoring | ||||||
4 | entity, as defined in Section 9-3 of the Election Code. For | ||||||
5 | purposes of item (iv), the funding of all business entities | ||||||
6 | applying for or holding a license shall be aggregated in | ||||||
7 | determining whether such political committee is an affiliated | ||||||
8 | entity. | ||||||
9 | "Affiliated person" means (i) any person with any ownership | ||||||
10 | interest or distributive share in excess of 7.5% of any | ||||||
11 | business entity applying for or holding a license, (ii) | ||||||
12 | executive employees of any such business entity, (iii) any | ||||||
13 | person designated as a person of significant influence and | ||||||
14 | control under the Video Gaming Act, and (iv) the spouse of such | ||||||
15 | persons. | ||||||
16 | "Business entity" means any entity doing business for | ||||||
17 | profit, whether organized as a corporation, partnership, sole | ||||||
18 | proprietorship, limited liability company, or partnership or | ||||||
19 | otherwise. | ||||||
20 | "Contribution" means a contribution as defined in Section | ||||||
21 | 9-1.4 of the Election Code. | ||||||
22 | "Declared candidate" means a person who has filed a | ||||||
23 | statement of candidacy and petition for nomination or election | ||||||
24 | in the principal office of the State Board of Elections, or in | ||||||
25 | the office of the appropriate election authority for any county | ||||||
26 | or municipality in which a video gaming terminal is located or |
| |||||||
| |||||||
1 | proposed or which receives any video gaming revenue, for the | ||||||
2 | office of Governor, Lieutenant Governor, Attorney General, | ||||||
3 | Secretary of State, Comptroller, Treasurer, member of the | ||||||
4 | General Assembly, chief executive or any member of the | ||||||
5 | legislative body of any municipality in which a video gaming | ||||||
6 | terminal is located or proposed or which receives any video | ||||||
7 | gaming revenue, or chief executive or any member of the | ||||||
8 | legislative body of any county containing any unincorporated | ||||||
9 | area in which a video gaming terminal is located or which | ||||||
10 | receives any video gaming revenue. | ||||||
11 | "Executive employee" means any person who is an officer or | ||||||
12 | director or who fulfills duties equivalent to those of an | ||||||
13 | officer or director of a business entity applying for or | ||||||
14 | holding a license; and (ii) any employee of such business | ||||||
15 | entity who is required to register under the Lobbyist | ||||||
16 | Registration Act. | ||||||
17 | "License" means any license issued pursuant to this Act. | ||||||
18 | "Officeholder" means the Governor, the Lieutenant | ||||||
19 | Governor,
the Attorney General, the Secretary of State, the | ||||||
20 | Comptroller, the Treasurer, a member of the General Assembly, | ||||||
21 | the chief executive or any member of the legislative body of | ||||||
22 | any municipality in which a video gaming terminal is located or | ||||||
23 | proposed or which receives any video gaming revenue, or the | ||||||
24 | chief executive or any member of the legislative body of any | ||||||
25 | county containing any unincorporated area in which a video | ||||||
26 | gaming terminal is located or which receives any video gaming |
| |||||||
| |||||||
1 | revenue. | ||||||
2 | (c) Any person or business entity applying for or holding a | ||||||
3 | manufacturer or distributor license, any affiliated entities | ||||||
4 | or persons of such business entity, and any entities or persons | ||||||
5 | soliciting a contribution or causing a contribution to be made | ||||||
6 | on behalf of such person or business entity, are prohibited | ||||||
7 | from making any contribution to any officeholder or declared | ||||||
8 | candidate or any political committee affiliated with any | ||||||
9 | officeholder or declared candidate, as defined in Section 9-1.8 | ||||||
10 | of the Election Code. | ||||||
11 | The Board shall have authority to suspend, revoke, or | ||||||
12 | restrict the license and to impose civil penalties of up to | ||||||
13 | $100,000, for each violation of this subsection (c). A notice | ||||||
14 | of each such violation and the penalty imposed shall be | ||||||
15 | published on the Board's website and in the Illinois Register. | ||||||
16 | Payments received by the State pursuant to this subsection | ||||||
17 | shall be deposited into the General Revenue Fund. | ||||||
18 | Any person or business entity applying for or holding a
| ||||||
19 | terminal operator license, any affiliated entities or persons | ||||||
20 | of such business
entity, and any entities or persons soliciting | ||||||
21 | a contribution
or causing a contribution to be made on behalf | ||||||
22 | of such person
or business entity, are prohibited from making | ||||||
23 | any contribution
to any officeholder or declared candidate or | ||||||
24 | any political
committee affiliated with any officeholder or | ||||||
25 | declared
candidate, as defined in Section 9-1.8 of the Election | ||||||
26 | Code, except that any such person or entity may make a |
| |||||||
| |||||||
1 | contribution to the chief executive or any member of the | ||||||
2 | legislative body of any municipality in which a video gaming | ||||||
3 | terminal is located or proposed or which receives any video | ||||||
4 | gaming revenue, the chief executive or any member of the | ||||||
5 | legislative body of any county containing any unincorporated | ||||||
6 | area in which a video gaming terminal is located or which | ||||||
7 | receives any video gaming revenue, or any declared candidates | ||||||
8 | for such offices, so long as the video gaming terminal | ||||||
9 | associated with the terminal operator license held or applied | ||||||
10 | for is not located in the same municipality or county in which | ||||||
11 | the officeholder or declared candidate holds or is seeking | ||||||
12 | office.
This prohibition shall commence upon filing of an | ||||||
13 | application
for a license and shall continue for a period of 2 | ||||||
14 | years after
termination, suspension, or revocation of the | ||||||
15 | license. | ||||||
16 | Any officeholder or declared candidate or any political | ||||||
17 | committee affiliated with any officeholder or declared | ||||||
18 | candidate that has received a contribution in violation of this | ||||||
19 | subsection (c) shall pay an amount equal to the value of the | ||||||
20 | contribution to the State no more than 30 days after notice of | ||||||
21 | the violation concerning the contribution appears in the | ||||||
22 | Illinois Register. Payments received by the State pursuant to | ||||||
23 | this subsection shall be deposited into the General Revenue | ||||||
24 | Fund. | ||||||
25 | (d) The Board shall post on its website a list of all | ||||||
26 | persons, business entities, and affiliated entities prohibited |
| |||||||
| |||||||
1 | from making contributions to any officeholder or declared | ||||||
2 | candidate political committee pursuant to subsection (c), | ||||||
3 | which list shall be updated and published on, at a minimum, a | ||||||
4 | semiannual basis. | ||||||
5 | Any person, business entity, or affiliated entity | ||||||
6 | prohibited from making contributions to any officeholder or | ||||||
7 | declared candidate political committee pursuant to subsection | ||||||
8 | (c) of this Section shall notify the Board within 7 days after | ||||||
9 | discovering any necessary change or addition to the information | ||||||
10 | relating to that person, business entity, or affiliated entity | ||||||
11 | contained in the list. | ||||||
12 | An individual who acts in good faith and in reliance on any | ||||||
13 | information contained in the list shall not be subject to any | ||||||
14 | penalties or liability imposed for a violation of this Section. | ||||||
15 | (e) If any provision of this Section is held invalid or its | ||||||
16 | application to any person or circumstance is held invalid, the | ||||||
17 | invalidity of that provision or application does not affect the | ||||||
18 | other provisions or applications of this Section that can be | ||||||
19 | given effect without the invalid application or provision. | ||||||
20 | Section 90-45. The Liquor Control Act of 1934 is amended by | ||||||
21 | changing Sections 5-1 and 6-30 as follows: | ||||||
22 | (235 ILCS 5/5-1) (from Ch. 43, par. 115) | ||||||
23 | Sec. 5-1. Licenses issued by the Illinois Liquor Control | ||||||
24 | Commission
shall be of the following classes: |
| |||||||
| |||||||
1 | (a) Manufacturer's license - Class 1.
Distiller, Class 2. | ||||||
2 | Rectifier, Class 3. Brewer, Class 4. First Class Wine
| ||||||
3 | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. | ||||||
4 | First Class Winemaker, Class 7. Second Class Winemaker, Class | ||||||
5 | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class | ||||||
6 | 10. Class 1 Brewer, Class 11. Class 2 Brewer, | ||||||
7 | (b) Distributor's license, | ||||||
8 | (c) Importing Distributor's license, | ||||||
9 | (d) Retailer's license, | ||||||
10 | (e) Special Event Retailer's license (not-for-profit), | ||||||
11 | (f) Railroad license, | ||||||
12 | (g) Boat license, | ||||||
13 | (h) Non-Beverage User's license, | ||||||
14 | (i) Wine-maker's premises license, | ||||||
15 | (j) Airplane license, | ||||||
16 | (k) Foreign importer's license, | ||||||
17 | (l) Broker's license, | ||||||
18 | (m) Non-resident dealer's
license, | ||||||
19 | (n) Brew Pub license, | ||||||
20 | (o) Auction liquor license, | ||||||
21 | (p) Caterer retailer license, | ||||||
22 | (q) Special use permit license, | ||||||
23 | (r) Winery shipper's license, | ||||||
24 | (s) Craft distiller tasting permit. | ||||||
25 | No
person, firm, partnership, corporation, or other legal | ||||||
26 | business entity that is
engaged in the manufacturing of wine |
| |||||||
| |||||||
1 | may concurrently obtain and hold a
wine-maker's license and a | ||||||
2 | wine manufacturer's license. | ||||||
3 | (a) A manufacturer's license shall allow the manufacture,
| ||||||
4 | importation in bulk, storage, distribution and sale of | ||||||
5 | alcoholic liquor
to persons without the State, as may be | ||||||
6 | permitted by law and to licensees
in this State as follows: | ||||||
7 | Class 1. A Distiller may make sales and deliveries of | ||||||
8 | alcoholic liquor to
distillers, rectifiers, importing | ||||||
9 | distributors, distributors and
non-beverage users and to no | ||||||
10 | other licensees. | ||||||
11 | Class 2. A Rectifier, who is not a distiller, as defined | ||||||
12 | herein, may make
sales and deliveries of alcoholic liquor to | ||||||
13 | rectifiers, importing distributors,
distributors, retailers | ||||||
14 | and non-beverage users and to no other licensees. | ||||||
15 | Class 3. A Brewer may make sales and deliveries of beer to | ||||||
16 | importing
distributors and distributors and may make sales as | ||||||
17 | authorized under subsection (e) of Section 6-4 of this Act. | ||||||
18 | Class 4. A first class wine-manufacturer may make sales and | ||||||
19 | deliveries of
up to 50,000 gallons of wine to manufacturers,
| ||||||
20 | importing
distributors and distributors, and to no other | ||||||
21 | licensees. | ||||||
22 | Class 5. A second class Wine manufacturer may make sales | ||||||
23 | and deliveries
of more than 50,000 gallons of wine to | ||||||
24 | manufacturers, importing distributors
and distributors and to | ||||||
25 | no other licensees. | ||||||
26 | Class 6. A first-class wine-maker's license shall allow the |
| |||||||
| |||||||
1 | manufacture
of up to 50,000 gallons of wine per year, and the
| ||||||
2 | storage
and sale of such
wine to distributors in the State and | ||||||
3 | to persons without the
State, as may be permitted by law. A | ||||||
4 | person who, prior to June 1, 2008 (the effective date of Public | ||||||
5 | Act 95-634), is a holder of a first-class wine-maker's license | ||||||
6 | and annually produces more than 25,000 gallons of its own wine | ||||||
7 | and who distributes its wine to licensed retailers shall cease | ||||||
8 | this practice on or before July 1, 2008 in compliance with | ||||||
9 | Public Act 95-634. | ||||||
10 | Class 7. A second-class wine-maker's license shall allow | ||||||
11 | the manufacture
of between 50,000 and 150,000 gallons of wine | ||||||
12 | per year, and
the
storage and sale of such wine
to distributors | ||||||
13 | in this State and to persons without the State, as may be
| ||||||
14 | permitted by law. A person who, prior to June 1, 2008 (the | ||||||
15 | effective date of Public Act 95-634), is a holder of a | ||||||
16 | second-class wine-maker's license and annually produces more | ||||||
17 | than 25,000 gallons of its own wine and who distributes its | ||||||
18 | wine to licensed retailers shall cease this practice on or | ||||||
19 | before July 1, 2008 in compliance with Public Act 95-634. | ||||||
20 | Class 8. A limited wine-manufacturer may make sales and | ||||||
21 | deliveries not to
exceed 40,000 gallons of wine per year to | ||||||
22 | distributors, and to
non-licensees in accordance with the | ||||||
23 | provisions of this Act. | ||||||
24 | Class 9. A craft distiller license shall allow the | ||||||
25 | manufacture of up to 100,000 March 1, 2013 (Public Act 97-1166) | ||||||
26 | gallons of spirits by distillation per year and the storage of |
| |||||||
| |||||||
1 | such spirits. If a craft distiller licensee, including a craft | ||||||
2 | distiller licensee who holds more than one craft distiller | ||||||
3 | license, is not affiliated with any other manufacturer of | ||||||
4 | spirits, then the craft distiller licensee may sell such | ||||||
5 | spirits to distributors in this State and up to 2,500 gallons | ||||||
6 | of such spirits to non-licensees to the extent permitted by any | ||||||
7 | exemption approved by the Commission pursuant to Section 6-4 of | ||||||
8 | this Act. A craft distiller license holder may store such | ||||||
9 | spirits at a non-contiguous licensed location, but at no time | ||||||
10 | shall a craft distiller license holder directly or indirectly | ||||||
11 | produce in the aggregate more than 100,000 gallons of spirits | ||||||
12 | per year. | ||||||
13 | A craft distiller licensee may hold more than one craft | ||||||
14 | distiller's license. However, a craft distiller that holds more | ||||||
15 | than one craft distiller license shall not manufacture, in the | ||||||
16 | aggregate, more than 100,000 gallons of spirits by distillation | ||||||
17 | per year and shall not sell, in the aggregate, more than 2,500 | ||||||
18 | gallons of such spirits to non-licensees in accordance with an | ||||||
19 | exemption approved by the State Commission pursuant to Section | ||||||
20 | 6-4 of this Act. | ||||||
21 | Any craft distiller licensed under this Act who on July 28, | ||||||
22 | 2010 (the effective date of Public Act 96-1367) was licensed as | ||||||
23 | a distiller and manufactured no more spirits than permitted by | ||||||
24 | this Section shall not be required to pay the initial licensing | ||||||
25 | fee. | ||||||
26 | Class 10. A class 1 brewer license, which may only be |
| |||||||
| |||||||
1 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
2 | shall allow the manufacture of up to 930,000 gallons of beer | ||||||
3 | per year provided that the class 1 brewer licensee does not | ||||||
4 | manufacture more than a combined 930,000 gallons of beer per | ||||||
5 | year and is not a member of or affiliated with, directly or | ||||||
6 | indirectly, a manufacturer that produces more than 930,000 | ||||||
7 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
8 | 1 brewer licensee may make sales and deliveries to importing | ||||||
9 | distributors and distributors and to retail licensees in | ||||||
10 | accordance with the conditions set forth in paragraph (18) of | ||||||
11 | subsection (a) of Section 3-12 of this Act. | ||||||
12 | Class 11. A class 2 brewer license, which may only be | ||||||
13 | issued to a licensed brewer or licensed non-resident dealer, | ||||||
14 | shall allow the manufacture of up to 3,720,000 gallons of beer | ||||||
15 | per year provided that the class 2 brewer licensee does not | ||||||
16 | manufacture more than a combined 3,720,000 gallons of beer per | ||||||
17 | year and is not a member of or affiliated with, directly or | ||||||
18 | indirectly, a manufacturer that produces more than 3,720,000 | ||||||
19 | gallons of beer per year or any other alcoholic liquor. A class | ||||||
20 | 2 brewer licensee may make sales and deliveries to importing | ||||||
21 | distributors and distributors, but shall not make sales or | ||||||
22 | deliveries to any other licensee. If the State Commission | ||||||
23 | provides prior approval, a class 2 brewer licensee may annually | ||||||
24 | transfer up to 3,720,000 gallons of beer manufactured by that | ||||||
25 | class 2 brewer licensee to the premises of a licensed class 2 | ||||||
26 | brewer wholly owned and operated by the same licensee. |
| |||||||
| |||||||
1 | (a-1) A manufacturer which is licensed in this State to | ||||||
2 | make sales or
deliveries of alcoholic liquor to licensed | ||||||
3 | distributors or importing distributors and which enlists | ||||||
4 | agents, representatives, or
individuals acting on its behalf | ||||||
5 | who contact licensed retailers on a regular
and continual basis | ||||||
6 | in this State must register those agents, representatives,
or | ||||||
7 | persons acting on its behalf with the State Commission. | ||||||
8 | Registration of agents, representatives, or persons acting | ||||||
9 | on behalf of a
manufacturer is fulfilled by submitting a form | ||||||
10 | to the Commission. The form
shall be developed by the | ||||||
11 | Commission and shall include the name and address of
the | ||||||
12 | applicant, the name and address of the manufacturer he or she | ||||||
13 | represents,
the territory or areas assigned to sell to or | ||||||
14 | discuss pricing terms of
alcoholic liquor, and any other | ||||||
15 | questions deemed appropriate and necessary.
All statements in | ||||||
16 | the forms required to be made by law or by rule shall be
deemed | ||||||
17 | material, and any person who knowingly misstates any material | ||||||
18 | fact under
oath in an application is guilty of a Class B | ||||||
19 | misdemeanor. Fraud,
misrepresentation, false statements, | ||||||
20 | misleading statements, evasions, or
suppression of material | ||||||
21 | facts in the securing of a registration are grounds for
| ||||||
22 | suspension or revocation of the registration. The State | ||||||
23 | Commission shall post a list of registered agents on the | ||||||
24 | Commission's website. | ||||||
25 | (b) A distributor's license shall allow the wholesale | ||||||
26 | purchase and storage
of alcoholic liquors and sale of alcoholic |
| |||||||
| |||||||
1 | liquors to licensees
in this State and to persons without the | ||||||
2 | State, as may be permitted by law. No person licensed as a | ||||||
3 | distributor shall be granted a non-resident dealer's license. | ||||||
4 | (c) An importing distributor's license may be issued to and | ||||||
5 | held by
those only who are duly licensed distributors, upon the | ||||||
6 | filing of an
application by a duly licensed distributor, with | ||||||
7 | the Commission and
the Commission shall, without the
payment of | ||||||
8 | any fee, immediately issue such importing distributor's
| ||||||
9 | license to the applicant, which shall allow the importation of | ||||||
10 | alcoholic
liquor by the licensee into this State from any point | ||||||
11 | in the United
States outside this State, and the purchase of | ||||||
12 | alcoholic liquor in
barrels, casks or other bulk containers and | ||||||
13 | the bottling of such
alcoholic liquors before resale thereof, | ||||||
14 | but all bottles or containers
so filled shall be sealed, | ||||||
15 | labeled, stamped and otherwise made to comply
with all | ||||||
16 | provisions, rules and regulations governing manufacturers in
| ||||||
17 | the preparation and bottling of alcoholic liquors. The | ||||||
18 | importing
distributor's license shall permit such licensee to | ||||||
19 | purchase alcoholic
liquor from Illinois licensed non-resident | ||||||
20 | dealers and foreign importers only. No person licensed as an | ||||||
21 | importing distributor shall be granted a non-resident dealer's | ||||||
22 | license. | ||||||
23 | (d) A retailer's license shall allow the licensee to sell | ||||||
24 | and offer
for sale at retail, only in the premises specified in | ||||||
25 | the license,
alcoholic liquor for use or consumption, but not | ||||||
26 | for resale in any form. Nothing in Public Act 95-634 shall |
| |||||||
| |||||||
1 | deny, limit, remove, or restrict the ability of a holder of a | ||||||
2 | retailer's license to transfer, deliver, or ship alcoholic | ||||||
3 | liquor to the purchaser for use or consumption subject to any | ||||||
4 | applicable local law or ordinance. Any retail license issued to | ||||||
5 | a manufacturer shall only
permit the manufacturer to sell beer | ||||||
6 | at retail on the premises actually
occupied by the | ||||||
7 | manufacturer. For the purpose of further describing the type of | ||||||
8 | business conducted at a retail licensed premises, a retailer's | ||||||
9 | licensee may be designated by the State Commission as (i) an on | ||||||
10 | premise consumption retailer, (ii) an off premise sale | ||||||
11 | retailer, or (iii) a combined on premise consumption and off | ||||||
12 | premise sale retailer.
| ||||||
13 | Notwithstanding any other provision of this subsection | ||||||
14 | (d), a retail
licensee may sell alcoholic liquors to a special | ||||||
15 | event retailer licensee for
resale to the extent permitted | ||||||
16 | under subsection (e). | ||||||
17 | (e) A special event retailer's license (not-for-profit) | ||||||
18 | shall permit the
licensee to purchase alcoholic liquors from an | ||||||
19 | Illinois licensed distributor
(unless the licensee purchases | ||||||
20 | less than $500 of alcoholic liquors for the
special event, in | ||||||
21 | which case the licensee may purchase the alcoholic liquors
from | ||||||
22 | a licensed retailer) and shall allow the licensee to sell and | ||||||
23 | offer for
sale, at retail, alcoholic liquors for use or | ||||||
24 | consumption, but not for resale
in any form and only at the | ||||||
25 | location and on the specific dates designated for
the special | ||||||
26 | event in the license. An applicant for a special event retailer
|
| |||||||
| |||||||
1 | license must
(i) furnish with the application: (A) a resale | ||||||
2 | number issued under Section
2c of the Retailers' Occupation Tax | ||||||
3 | Act or evidence that the applicant is
registered under Section | ||||||
4 | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid | ||||||
5 | exemption identification
number issued under Section 1g of the | ||||||
6 | Retailers' Occupation Tax Act, and a
certification to the | ||||||
7 | Commission that the purchase of alcoholic liquors will be
a | ||||||
8 | tax-exempt purchase, or (C) a statement that the applicant is | ||||||
9 | not registered
under Section 2a of the Retailers' Occupation | ||||||
10 | Tax Act, does not hold a resale
number under Section 2c of the | ||||||
11 | Retailers' Occupation Tax Act, and does not
hold an exemption | ||||||
12 | number under Section 1g of the Retailers' Occupation Tax
Act, | ||||||
13 | in which event the Commission shall set forth on the special | ||||||
14 | event
retailer's license a statement to that effect; (ii) | ||||||
15 | submit with the application proof satisfactory to
the State | ||||||
16 | Commission that the applicant will provide dram shop liability
| ||||||
17 | insurance in the maximum limits; and (iii) show proof | ||||||
18 | satisfactory to the
State Commission that the applicant has | ||||||
19 | obtained local authority
approval. | ||||||
20 | (f) A railroad license shall permit the licensee to import | ||||||
21 | alcoholic
liquors into this State from any point in the United | ||||||
22 | States outside this
State and to store such alcoholic liquors | ||||||
23 | in this State; to make wholesale
purchases of alcoholic liquors | ||||||
24 | directly from manufacturers, foreign
importers, distributors | ||||||
25 | and importing distributors from within or outside
this State; | ||||||
26 | and to store such alcoholic liquors in this State; provided
|
| |||||||
| |||||||
1 | that the above powers may be exercised only in connection with | ||||||
2 | the
importation, purchase or storage of alcoholic liquors to be | ||||||
3 | sold or
dispensed on a club, buffet, lounge or dining car | ||||||
4 | operated on an electric,
gas or steam railway in this State; | ||||||
5 | and provided further, that railroad
licensees exercising the | ||||||
6 | above powers shall be subject to all provisions of
Article VIII | ||||||
7 | of this Act as applied to importing distributors. A railroad
| ||||||
8 | license shall also permit the licensee to sell or dispense | ||||||
9 | alcoholic
liquors on any club, buffet, lounge or dining car | ||||||
10 | operated on an electric,
gas or steam railway regularly | ||||||
11 | operated by a common carrier in this State,
but shall not | ||||||
12 | permit the sale for resale of any alcoholic liquors to any
| ||||||
13 | licensee within this State. A license shall be obtained for | ||||||
14 | each car in which
such sales are made. | ||||||
15 | (g) A boat license shall allow the sale of alcoholic liquor | ||||||
16 | in
individual drinks, on any passenger boat regularly operated | ||||||
17 | as a common
carrier on navigable waters in this State or on any | ||||||
18 | riverboat operated
under
the Illinois Riverboat Gambling Act, | ||||||
19 | which boat or riverboat maintains a public
dining room or | ||||||
20 | restaurant thereon. | ||||||
21 | (h) A non-beverage user's license shall allow the licensee | ||||||
22 | to
purchase alcoholic liquor from a licensed manufacturer or | ||||||
23 | importing
distributor, without the imposition of any tax upon | ||||||
24 | the business of such
licensed manufacturer or importing | ||||||
25 | distributor as to such alcoholic
liquor to be used by such | ||||||
26 | licensee solely for the non-beverage purposes
set forth in |
| |||||||
| |||||||
1 | subsection (a) of Section 8-1 of this Act, and
such licenses | ||||||
2 | shall be divided and classified and shall permit the
purchase, | ||||||
3 | possession and use of limited and stated quantities of
| ||||||
4 | alcoholic liquor as follows: | ||||||
5 | Class 1, not to exceed ......................... 500 gallons
| ||||||
6 | Class 2, not to exceed ....................... 1,000 gallons
| ||||||
7 | Class 3, not to exceed ....................... 5,000 gallons
| ||||||
8 | Class 4, not to exceed ...................... 10,000 gallons
| ||||||
9 | Class 5, not to exceed ....................... 50,000 gallons | ||||||
10 | (i) A wine-maker's premises license shall allow a
licensee | ||||||
11 | that concurrently holds a first-class wine-maker's license to | ||||||
12 | sell
and offer for sale at retail in the premises specified in | ||||||
13 | such license
not more than 50,000 gallons of the first-class | ||||||
14 | wine-maker's wine that is
made at the first-class wine-maker's | ||||||
15 | licensed premises per year for use or
consumption, but not for | ||||||
16 | resale in any form. A wine-maker's premises
license shall allow | ||||||
17 | a licensee who concurrently holds a second-class
wine-maker's | ||||||
18 | license to sell and offer for sale at retail in the premises
| ||||||
19 | specified in such license up to 100,000 gallons of the
| ||||||
20 | second-class wine-maker's wine that is made at the second-class | ||||||
21 | wine-maker's
licensed premises per year
for use or consumption | ||||||
22 | but not for resale in any form. A wine-maker's premises license | ||||||
23 | shall allow a
licensee that concurrently holds a first-class | ||||||
24 | wine-maker's license or a second-class
wine-maker's license to | ||||||
25 | sell
and offer for sale at retail at the premises specified in | ||||||
26 | the wine-maker's premises license, for use or consumption but |
| |||||||
| |||||||
1 | not for resale in any form, any beer, wine, and spirits | ||||||
2 | purchased from a licensed distributor. Upon approval from the
| ||||||
3 | State Commission, a wine-maker's premises license
shall allow | ||||||
4 | the licensee to sell and offer for sale at (i) the wine-maker's
| ||||||
5 | licensed premises and (ii) at up to 2 additional locations for | ||||||
6 | use and
consumption and not for resale. Each location shall | ||||||
7 | require additional
licensing per location as specified in | ||||||
8 | Section 5-3 of this Act. A wine-maker's premises licensee shall
| ||||||
9 | secure liquor liability insurance coverage in an amount at
| ||||||
10 | least equal to the maximum liability amounts set forth in
| ||||||
11 | subsection (a) of Section 6-21 of this Act.
| ||||||
12 | (j) An airplane license shall permit the licensee to import
| ||||||
13 | alcoholic liquors into this State from any point in the United | ||||||
14 | States
outside this State and to store such alcoholic liquors | ||||||
15 | in this State; to
make wholesale purchases of alcoholic liquors | ||||||
16 | directly from
manufacturers, foreign importers, distributors | ||||||
17 | and importing
distributors from within or outside this State; | ||||||
18 | and to store such
alcoholic liquors in this State; provided | ||||||
19 | that the above powers may be
exercised only in connection with | ||||||
20 | the importation, purchase or storage
of alcoholic liquors to be | ||||||
21 | sold or dispensed on an airplane; and
provided further, that | ||||||
22 | airplane licensees exercising the above powers
shall be subject | ||||||
23 | to all provisions of Article VIII of this Act as
applied to | ||||||
24 | importing distributors. An airplane licensee shall also
permit | ||||||
25 | the sale or dispensing of alcoholic liquors on any passenger
| ||||||
26 | airplane regularly operated by a common carrier in this State, |
| |||||||
| |||||||
1 | but shall
not permit the sale for resale of any alcoholic | ||||||
2 | liquors to any licensee
within this State. A single airplane | ||||||
3 | license shall be required of an
airline company if liquor | ||||||
4 | service is provided on board aircraft in this
State. The annual | ||||||
5 | fee for such license shall be as determined in
Section 5-3. | ||||||
6 | (k) A foreign importer's license shall permit such licensee | ||||||
7 | to purchase
alcoholic liquor from Illinois licensed | ||||||
8 | non-resident dealers only, and to
import alcoholic liquor other | ||||||
9 | than in bulk from any point outside the
United States and to | ||||||
10 | sell such alcoholic liquor to Illinois licensed
importing | ||||||
11 | distributors and to no one else in Illinois;
provided that (i) | ||||||
12 | the foreign importer registers with the State Commission
every
| ||||||
13 | brand of
alcoholic liquor that it proposes to sell to Illinois | ||||||
14 | licensees during the
license period, (ii) the foreign importer | ||||||
15 | complies with all of the provisions
of Section
6-9 of this Act | ||||||
16 | with respect to registration of such Illinois licensees as may
| ||||||
17 | be granted the
right to sell such brands at wholesale, and | ||||||
18 | (iii) the foreign importer complies with the provisions of | ||||||
19 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
20 | provisions apply to manufacturers. | ||||||
21 | (l) (i) A broker's license shall be required of all persons
| ||||||
22 | who solicit
orders for, offer to sell or offer to supply | ||||||
23 | alcoholic liquor to
retailers in the State of Illinois, or who | ||||||
24 | offer to retailers to ship or
cause to be shipped or to make | ||||||
25 | contact with distillers, rectifiers,
brewers or manufacturers | ||||||
26 | or any other party within or without the State
of Illinois in |
| |||||||
| |||||||
1 | order that alcoholic liquors be shipped to a distributor,
| ||||||
2 | importing distributor or foreign importer, whether such | ||||||
3 | solicitation or
offer is consummated within or without the | ||||||
4 | State of Illinois. | ||||||
5 | No holder of a retailer's license issued by the Illinois | ||||||
6 | Liquor
Control Commission shall purchase or receive any | ||||||
7 | alcoholic liquor, the
order for which was solicited or offered | ||||||
8 | for sale to such retailer by a
broker unless the broker is the | ||||||
9 | holder of a valid broker's license. | ||||||
10 | The broker shall, upon the acceptance by a retailer of the | ||||||
11 | broker's
solicitation of an order or offer to sell or supply or | ||||||
12 | deliver or have
delivered alcoholic liquors, promptly forward | ||||||
13 | to the Illinois Liquor
Control Commission a notification of | ||||||
14 | said transaction in such form as
the Commission may by | ||||||
15 | regulations prescribe. | ||||||
16 | (ii) A broker's license shall be required of
a person | ||||||
17 | within this State, other than a retail licensee,
who, for a fee | ||||||
18 | or commission, promotes, solicits, or accepts orders for
| ||||||
19 | alcoholic liquor, for use or consumption and not for
resale, to | ||||||
20 | be shipped from this State and delivered to residents outside | ||||||
21 | of
this State by an express company, common carrier, or | ||||||
22 | contract carrier.
This Section does not apply to any person who | ||||||
23 | promotes, solicits, or accepts
orders for wine as specifically | ||||||
24 | authorized in Section 6-29 of this Act. | ||||||
25 | A broker's license under this subsection (l)
shall not | ||||||
26 | entitle the holder to
buy or sell any
alcoholic liquors for his |
| |||||||
| |||||||
1 | own account or to take or deliver title to
such alcoholic | ||||||
2 | liquors. | ||||||
3 | This subsection (l)
shall not apply to distributors, | ||||||
4 | employees of
distributors, or employees of a manufacturer who | ||||||
5 | has registered the
trademark, brand or name of the alcoholic | ||||||
6 | liquor pursuant to Section 6-9
of this Act, and who regularly | ||||||
7 | sells such alcoholic liquor
in the State of Illinois only to | ||||||
8 | its registrants thereunder. | ||||||
9 | Any agent, representative, or person subject to | ||||||
10 | registration pursuant to
subsection (a-1) of this Section shall | ||||||
11 | not be eligible to receive a broker's
license. | ||||||
12 | (m) A non-resident dealer's license shall permit such | ||||||
13 | licensee to ship
into and warehouse alcoholic liquor into this | ||||||
14 | State from any point
outside of this State, and to sell such | ||||||
15 | alcoholic liquor to Illinois licensed
foreign importers and | ||||||
16 | importing distributors and to no one else in this State;
| ||||||
17 | provided that (i) said non-resident dealer shall register with | ||||||
18 | the Illinois Liquor
Control Commission each and every brand of | ||||||
19 | alcoholic liquor which it proposes
to sell to Illinois | ||||||
20 | licensees during the license period, (ii) it shall comply with | ||||||
21 | all of the provisions of Section 6-9 hereof with
respect to | ||||||
22 | registration of such Illinois licensees as may be granted the | ||||||
23 | right
to sell such brands at wholesale, and (iii) the | ||||||
24 | non-resident dealer shall comply with the provisions of | ||||||
25 | Sections 6-5 and 6-6 of this Act to the same extent that these | ||||||
26 | provisions apply to manufacturers. No person licensed as a |
| |||||||
| |||||||
1 | non-resident dealer shall be granted a distributor's or | ||||||
2 | importing distributor's license. | ||||||
3 | (n) A brew pub license shall allow the licensee to only (i) | ||||||
4 | manufacture up to 155,000 gallons of beer per year only
on the | ||||||
5 | premises specified in the license, (ii) make sales of the
beer | ||||||
6 | manufactured on the premises or, with the approval of the | ||||||
7 | Commission, beer manufactured on another brew pub licensed | ||||||
8 | premises that is wholly owned and operated by the same licensee | ||||||
9 | to importing distributors, distributors,
and to non-licensees | ||||||
10 | for use and consumption, (iii) store the beer upon
the | ||||||
11 | premises, (iv) sell and offer for sale at retail from the | ||||||
12 | licensed
premises for off-premises
consumption no more than | ||||||
13 | 155,000 gallons per year so long as such sales are only made | ||||||
14 | in-person, (v) sell and offer for sale at retail for use and | ||||||
15 | consumption on the premises specified in the license any form | ||||||
16 | of alcoholic liquor purchased from a licensed distributor or | ||||||
17 | importing distributor, and (vi) with the prior approval of the | ||||||
18 | Commission, annually transfer no more than 155,000 gallons of | ||||||
19 | beer manufactured on the premises to a licensed brew pub wholly | ||||||
20 | owned and operated by the same licensee. | ||||||
21 | A brew pub licensee shall not under any circumstance sell | ||||||
22 | or offer for sale beer manufactured by the brew pub licensee to | ||||||
23 | retail licensees. | ||||||
24 | A person who holds a class 2 brewer license may | ||||||
25 | simultaneously hold a brew pub license if the class 2 brewer | ||||||
26 | (i) does not, under any circumstance, sell or offer for sale |
| |||||||
| |||||||
1 | beer manufactured by the class 2 brewer to retail licensees; | ||||||
2 | (ii) does not hold more than 3 brew pub licenses in this State; | ||||||
3 | (iii) does not manufacture more than a combined 3,720,000 | ||||||
4 | gallons of beer per year, including the beer manufactured at | ||||||
5 | the brew pub; and (iv) is not a member of or affiliated with, | ||||||
6 | directly or indirectly, a manufacturer that produces more than | ||||||
7 | 3,720,000 gallons of beer per year or any other alcoholic | ||||||
8 | liquor. | ||||||
9 | Notwithstanding any other provision of this Act, a licensed | ||||||
10 | brewer, class 2 brewer, or non-resident dealer who before July | ||||||
11 | 1, 2015 manufactured less than 3,720,000 gallons of beer per | ||||||
12 | year and held a brew pub license on or before July 1, 2015 may | ||||||
13 | (i) continue to qualify for and hold that brew pub license for | ||||||
14 | the licensed premises and (ii) manufacture more than 3,720,000 | ||||||
15 | gallons of beer per year and continue to qualify for and hold | ||||||
16 | that brew pub license if that brewer, class 2 brewer, or | ||||||
17 | non-resident dealer does not simultaneously hold a class 1 | ||||||
18 | brewer license and is not a member of or affiliated with, | ||||||
19 | directly or indirectly, a manufacturer that produces more than | ||||||
20 | 3,720,000 gallons of beer per year or that produces any other | ||||||
21 | alcoholic liquor. | ||||||
22 | (o) A caterer retailer license shall allow the holder
to | ||||||
23 | serve alcoholic liquors as an incidental part of a food service | ||||||
24 | that serves
prepared meals which excludes the serving of snacks | ||||||
25 | as
the primary meal, either on or off-site whether licensed or | ||||||
26 | unlicensed. |
| |||||||
| |||||||
1 | (p) An auction liquor license shall allow the licensee to | ||||||
2 | sell and offer
for sale at auction wine and spirits for use or | ||||||
3 | consumption, or for resale by
an Illinois liquor licensee in | ||||||
4 | accordance with provisions of this Act. An
auction liquor | ||||||
5 | license will be issued to a person and it will permit the
| ||||||
6 | auction liquor licensee to hold the auction anywhere in the | ||||||
7 | State. An auction
liquor license must be obtained for each | ||||||
8 | auction at least 14 days in advance of
the auction date. | ||||||
9 | (q) A special use permit license shall allow an Illinois | ||||||
10 | licensed
retailer to transfer a portion of its alcoholic liquor | ||||||
11 | inventory from its
retail licensed premises to the premises | ||||||
12 | specified in the license hereby
created, and to sell or offer | ||||||
13 | for sale at retail, only in the premises
specified in the | ||||||
14 | license hereby created, the transferred alcoholic liquor for
| ||||||
15 | use or consumption, but not for resale in any form. A special | ||||||
16 | use permit
license may be granted for the following time | ||||||
17 | periods: one day or less; 2 or
more days to a maximum of 15 days | ||||||
18 | per location in any 12-month 12 month period. An
applicant for | ||||||
19 | the special use permit license must also submit with the
| ||||||
20 | application proof satisfactory to the State Commission that the | ||||||
21 | applicant will
provide dram shop liability insurance to the | ||||||
22 | maximum limits and have local
authority approval. | ||||||
23 | (r) A winery shipper's license shall allow a person
with a | ||||||
24 | first-class or second-class wine manufacturer's
license, a | ||||||
25 | first-class or second-class wine-maker's license,
or a limited | ||||||
26 | wine manufacturer's license or who is licensed to
make wine |
| |||||||
| |||||||
1 | under the laws of another state to ship wine
made by that | ||||||
2 | licensee directly to a resident of this
State who is 21 years | ||||||
3 | of age or older for that resident's
personal use and not for | ||||||
4 | resale. Prior to receiving a
winery shipper's license, an | ||||||
5 | applicant for the license must
provide the Commission with a | ||||||
6 | true copy of its current
license in any state in which it is | ||||||
7 | licensed as a manufacturer
of wine. An applicant for a winery | ||||||
8 | shipper's license must
also complete an application form that | ||||||
9 | provides any other
information the Commission deems necessary. | ||||||
10 | The application form shall include all addresses from which the | ||||||
11 | applicant for a winery shipper's license intends to ship wine, | ||||||
12 | including the name and address of any third party, except for a | ||||||
13 | common carrier, authorized to ship wine on behalf of the | ||||||
14 | manufacturer. The
application form shall include an | ||||||
15 | acknowledgement consenting
to the jurisdiction of the | ||||||
16 | Commission, the Illinois
Department of Revenue, and the courts | ||||||
17 | of this State concerning
the enforcement of this Act and any | ||||||
18 | related laws, rules, and
regulations, including authorizing | ||||||
19 | the Department of Revenue
and the Commission to conduct audits | ||||||
20 | for the purpose of
ensuring compliance with Public Act 95-634, | ||||||
21 | and an acknowledgement that the wine manufacturer is in | ||||||
22 | compliance with Section 6-2 of this Act. Any third party, | ||||||
23 | except for a common carrier, authorized to ship wine on behalf | ||||||
24 | of a first-class or second-class wine manufacturer's licensee, | ||||||
25 | a first-class or second-class wine-maker's licensee, a limited | ||||||
26 | wine manufacturer's licensee, or a person who is licensed to |
| |||||||
| |||||||
1 | make wine under the laws of another state shall also be | ||||||
2 | disclosed by the winery shipper's licensee, and a copy of the | ||||||
3 | written appointment of the third-party wine provider, except | ||||||
4 | for a common carrier, to the wine manufacturer shall be filed | ||||||
5 | with the State Commission as a supplement to the winery | ||||||
6 | shipper's license application or any renewal thereof. The | ||||||
7 | winery shipper's license holder shall affirm under penalty of | ||||||
8 | perjury, as part of the winery shipper's license application or | ||||||
9 | renewal, that he or she only ships wine, either directly or | ||||||
10 | indirectly through a third-party provider, from the licensee's | ||||||
11 | own production. | ||||||
12 | Except for a common carrier, a third-party provider | ||||||
13 | shipping wine on behalf of a winery shipper's license holder is | ||||||
14 | the agent of the winery shipper's license holder and, as such, | ||||||
15 | a winery shipper's license holder is responsible for the acts | ||||||
16 | and omissions of the third-party provider acting on behalf of | ||||||
17 | the license holder. A third-party provider, except for a common | ||||||
18 | carrier, that engages in shipping wine into Illinois on behalf | ||||||
19 | of a winery shipper's license holder shall consent to the | ||||||
20 | jurisdiction of the State Commission and the State. Any | ||||||
21 | third-party, except for a common carrier, holding such an | ||||||
22 | appointment shall, by February 1 of each calendar year, file | ||||||
23 | with the State Commission a statement detailing each shipment | ||||||
24 | made to an Illinois resident. The State Commission shall adopt | ||||||
25 | rules as soon as practicable to implement the requirements of | ||||||
26 | Public Act 99-904 this amendatory Act of the 99th General |
| |||||||
| |||||||
1 | Assembly and shall adopt rules prohibiting any such third-party | ||||||
2 | appointment of a third-party provider, except for a common | ||||||
3 | carrier, that has been deemed by the State Commission to have | ||||||
4 | violated the provisions of this Act with regard to any winery | ||||||
5 | shipper licensee. | ||||||
6 | A winery shipper licensee must pay to the Department
of | ||||||
7 | Revenue the State liquor gallonage tax under Section 8-1 for
| ||||||
8 | all wine that is sold by the licensee and shipped to a person
| ||||||
9 | in this State. For the purposes of Section 8-1, a winery
| ||||||
10 | shipper licensee shall be taxed in the same manner as a
| ||||||
11 | manufacturer of wine. A licensee who is not otherwise required | ||||||
12 | to register under the Retailers' Occupation Tax Act must
| ||||||
13 | register under the Use Tax Act to collect and remit use tax to
| ||||||
14 | the Department of Revenue for all gallons of wine that are sold
| ||||||
15 | by the licensee and shipped to persons in this State. If a
| ||||||
16 | licensee fails to remit the tax imposed under this Act in
| ||||||
17 | accordance with the provisions of Article VIII of this Act, the
| ||||||
18 | winery shipper's license shall be revoked in accordance
with | ||||||
19 | the provisions of Article VII of this Act. If a licensee
fails | ||||||
20 | to properly register and remit tax under the Use Tax Act
or the | ||||||
21 | Retailers' Occupation Tax Act for all wine that is sold
by the | ||||||
22 | winery shipper and shipped to persons in this
State, the winery | ||||||
23 | shipper's license shall be revoked in
accordance with the | ||||||
24 | provisions of Article VII of this Act. | ||||||
25 | A winery shipper licensee must collect, maintain, and
| ||||||
26 | submit to the Commission on a semi-annual basis the
total |
| |||||||
| |||||||
1 | number of cases per resident of wine shipped to residents
of | ||||||
2 | this State.
A winery shipper licensed under this subsection (r)
| ||||||
3 | must comply with the requirements of Section 6-29 of this Act. | ||||||
4 | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of | ||||||
5 | Section 3-12, the State Commission may receive, respond to, and | ||||||
6 | investigate any complaint and impose any of the remedies | ||||||
7 | specified in paragraph (1) of subsection (a) of Section 3-12. | ||||||
8 | (s) A craft distiller tasting permit license shall allow an | ||||||
9 | Illinois licensed craft distiller to transfer a portion of its | ||||||
10 | alcoholic liquor inventory from its craft distiller licensed | ||||||
11 | premises to the premises specified in the license hereby | ||||||
12 | created and to conduct a sampling, only in the premises | ||||||
13 | specified in the license hereby created, of the transferred | ||||||
14 | alcoholic liquor in accordance with subsection (c) of Section | ||||||
15 | 6-31 of this Act. The transferred alcoholic liquor may not be | ||||||
16 | sold or resold in any form. An applicant for the craft | ||||||
17 | distiller tasting permit license must also submit with the | ||||||
18 | application proof satisfactory to the State Commission that the | ||||||
19 | applicant will provide dram shop liability insurance to the | ||||||
20 | maximum limits and have local authority approval. | ||||||
21 | (Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13; | ||||||
22 | 98-756, eff. 7-16-14; 99-448, eff. 8-24-15; 99-642, eff. | ||||||
23 | 7-28-16; 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, | ||||||
24 | eff. 1-1-17; revised 9-15-16.)
| ||||||
25 | (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
|
| |||||||
| |||||||
1 | Sec. 6-30. Notwithstanding any other provision of this Act, | ||||||
2 | the
Illinois Gaming Board shall have exclusive authority to | ||||||
3 | establish the hours
for sale and consumption of alcoholic | ||||||
4 | liquor on board a riverboat during
riverboat gambling | ||||||
5 | excursions and in a casino conducted in accordance with the | ||||||
6 | Illinois Riverboat
Gambling Act.
| ||||||
7 | (Source: P.A. 87-826.)
| ||||||
8 | Section 90-46. The Illinois Public Aid Code is amended by | ||||||
9 | changing Section 10-17.15 as follows: | ||||||
10 | (305 ILCS 5/10-17.15) | ||||||
11 | Sec. 10-17.15. Certification of information to State | ||||||
12 | gaming licensees. | ||||||
13 | (a) For purposes of this Section, "State gaming licensee" | ||||||
14 | means, as applicable, an organization licensee or advance | ||||||
15 | deposit wagering licensee licensed under the Illinois Horse | ||||||
16 | Racing Act of 1975, an owners licensee licensed under the | ||||||
17 | Illinois Riverboat Gambling Act, or a licensee that operates, | ||||||
18 | under any law of this State, one or more facilities or gaming | ||||||
19 | locations at which lawful gambling is authorized and licensed | ||||||
20 | as provided in the Illinois Riverboat Gambling Act. | ||||||
21 | (b) The Department may provide, by rule, for certification | ||||||
22 | to any State gaming licensee of past due child support owed by | ||||||
23 | a responsible relative under a support order entered by a court | ||||||
24 | or administrative body of this or any other State on behalf of |
| |||||||
| |||||||
1 | a resident or non-resident receiving child support services | ||||||
2 | under this Article in accordance with the requirements of Title | ||||||
3 | IV-D, Part D, of the Social Security Act. The State gaming | ||||||
4 | licensee shall have the ability to withhold from winnings | ||||||
5 | required to be reported to the Internal Revenue Service on Form | ||||||
6 | W-2G, up to the full amount of winnings necessary to pay the | ||||||
7 | winner's past due child support. The rule shall provide for | ||||||
8 | notice to and an opportunity to be heard by each responsible | ||||||
9 | relative affected and any final administrative decision | ||||||
10 | rendered by the Department shall be reviewed only under and in | ||||||
11 | accordance with the Administrative Review Law. | ||||||
12 | (c) For withholding of winnings, the State gaming licensee | ||||||
13 | shall be entitled to an administrative fee not to exceed the | ||||||
14 | lesser of 4% of the total amount of cash winnings paid to the | ||||||
15 | gambling winner or $150. | ||||||
16 | (d) In no event may the total amount withheld from the cash | ||||||
17 | payout, including the administrative fee, exceed the total cash | ||||||
18 | winnings claimed by the obligor. If the cash payout claimed is | ||||||
19 | greater than the amount sufficient to satisfy the obligor's | ||||||
20 | delinquent child support payments, the State gaming licensee | ||||||
21 | shall pay the obligor the remaining balance of the payout, less | ||||||
22 | the administrative fee authorized by subsection (c) of this | ||||||
23 | Section, at the time it is claimed. | ||||||
24 | (e) A State gaming licensee who in good faith complies with | ||||||
25 | the requirements of this Section shall not be liable to the | ||||||
26 | gaming winner or any other individual or entity.
|
| |||||||
| |||||||
1 | (Source: P.A. 98-318, eff. 8-12-13.) | ||||||
2 | Section 90-47. The Firearm Concealed Carry Act is amended | ||||||
3 | by changing Section 65 as follows: | ||||||
4 | (430 ILCS 66/65)
| ||||||
5 | Sec. 65. Prohibited areas. | ||||||
6 | (a) A licensee under this Act shall not knowingly carry a | ||||||
7 | firearm on or into: | ||||||
8 | (1) Any building, real property, and parking area under | ||||||
9 | the control of a public or private elementary or secondary | ||||||
10 | school. | ||||||
11 | (2) Any building, real property, and parking area under | ||||||
12 | the control of a pre-school or child care facility, | ||||||
13 | including any room or portion of a building under the | ||||||
14 | control of a pre-school or child care facility. Nothing in | ||||||
15 | this paragraph shall prevent the operator of a child care | ||||||
16 | facility in a family home from owning or possessing a | ||||||
17 | firearm in the home or license under this Act, if no child | ||||||
18 | under child care at the home is present in the home or the | ||||||
19 | firearm in the home is stored in a locked container when a | ||||||
20 | child under child care at the home is present in the home. | ||||||
21 | (3) Any building, parking area, or portion of a | ||||||
22 | building under the control of an officer of the executive | ||||||
23 | or legislative branch of government, provided that nothing | ||||||
24 | in this paragraph shall prohibit a licensee from carrying a |
| |||||||
| |||||||
1 | concealed firearm onto the real property, bikeway, or trail | ||||||
2 | in a park regulated by the Department of Natural Resources | ||||||
3 | or any other designated public hunting area or building | ||||||
4 | where firearm possession is permitted as established by the | ||||||
5 | Department of Natural Resources under Section 1.8 of the | ||||||
6 | Wildlife Code. | ||||||
7 | (4) Any building designated for matters before a | ||||||
8 | circuit court, appellate court, or the Supreme Court, or | ||||||
9 | any building or portion of a building under the control of | ||||||
10 | the Supreme Court. | ||||||
11 | (5) Any building or portion of a building under the | ||||||
12 | control of a unit of local government. | ||||||
13 | (6) Any building, real property, and parking area under | ||||||
14 | the control of an adult or juvenile detention or | ||||||
15 | correctional institution, prison, or jail. | ||||||
16 | (7) Any building, real property, and parking area under | ||||||
17 | the control of a public or private hospital or hospital | ||||||
18 | affiliate, mental health facility, or nursing home. | ||||||
19 | (8) Any bus, train, or form of transportation paid for | ||||||
20 | in whole or in part with public funds, and any building, | ||||||
21 | real property, and parking area under the control of a | ||||||
22 | public transportation facility paid for in whole or in part | ||||||
23 | with public funds. | ||||||
24 | (9) Any building, real property, and parking area under | ||||||
25 | the control of an establishment that serves alcohol on its | ||||||
26 | premises, if more than 50% of the establishment's gross |
| |||||||
| |||||||
1 | receipts within the prior 3 months is from the sale of | ||||||
2 | alcohol. The owner of an establishment who knowingly fails | ||||||
3 | to prohibit concealed firearms on its premises as provided | ||||||
4 | in this paragraph or who knowingly makes a false statement | ||||||
5 | or record to avoid the prohibition on concealed firearms | ||||||
6 | under this paragraph is subject to the penalty under | ||||||
7 | subsection (c-5) of Section 10-1 of the Liquor Control Act | ||||||
8 | of 1934. | ||||||
9 | (10) Any public gathering or special event conducted on | ||||||
10 | property open to the public that requires the issuance of a | ||||||
11 | permit from the unit of local government, provided this | ||||||
12 | prohibition shall not apply to a licensee who must walk | ||||||
13 | through a public gathering in order to access his or her | ||||||
14 | residence, place of business, or vehicle. | ||||||
15 | (11) Any building or real property that has been issued | ||||||
16 | a Special Event Retailer's license as defined in Section | ||||||
17 | 1-3.17.1 of the Liquor Control Act during the time | ||||||
18 | designated for the sale of alcohol by the Special Event | ||||||
19 | Retailer's license, or a Special use permit license as | ||||||
20 | defined in subsection (q) of Section 5-1 of the Liquor | ||||||
21 | Control Act during the time designated for the sale of | ||||||
22 | alcohol by the Special use permit license. | ||||||
23 | (12) Any public playground. | ||||||
24 | (13) Any public park, athletic area, or athletic | ||||||
25 | facility under the control of a municipality or park | ||||||
26 | district, provided nothing in this Section shall prohibit a |
| |||||||
| |||||||
1 | licensee from carrying a concealed firearm while on a trail | ||||||
2 | or bikeway if only a portion of the trail or bikeway | ||||||
3 | includes a public park. | ||||||
4 | (14) Any real property under the control of the Cook | ||||||
5 | County Forest Preserve District. | ||||||
6 | (15) Any building, classroom, laboratory, medical | ||||||
7 | clinic, hospital, artistic venue, athletic venue, | ||||||
8 | entertainment venue, officially recognized | ||||||
9 | university-related organization property, whether owned or | ||||||
10 | leased, and any real property, including parking areas, | ||||||
11 | sidewalks, and common areas under the control of a public | ||||||
12 | or private community college, college, or university. | ||||||
13 | (16) Any building, real property, or parking area under | ||||||
14 | the control of a gaming facility licensed under the | ||||||
15 | Illinois Riverboat Gambling Act or the Illinois Horse | ||||||
16 | Racing Act of 1975, including an inter-track wagering | ||||||
17 | location licensee. | ||||||
18 | (17) Any stadium, arena, or the real property or | ||||||
19 | parking area under the control of a stadium, arena, or any | ||||||
20 | collegiate or professional sporting event. | ||||||
21 | (18) Any building, real property, or parking area under | ||||||
22 | the control of a public library. | ||||||
23 | (19) Any building, real property, or parking area under | ||||||
24 | the control of an airport. | ||||||
25 | (20) Any building, real property, or parking area under | ||||||
26 | the control of an amusement park. |
| |||||||
| |||||||
1 | (21) Any building, real property, or parking area under | ||||||
2 | the control of a zoo or museum. | ||||||
3 | (22) Any street, driveway, parking area, property, | ||||||
4 | building, or facility, owned, leased, controlled, or used | ||||||
5 | by a nuclear energy, storage, weapons, or development site | ||||||
6 | or facility regulated by the federal Nuclear Regulatory | ||||||
7 | Commission. The licensee shall not under any circumstance | ||||||
8 | store a firearm or ammunition in his or her vehicle or in a | ||||||
9 | compartment or container within a vehicle located anywhere | ||||||
10 | in or on the street, driveway, parking area, property, | ||||||
11 | building, or facility described in this paragraph. | ||||||
12 | (23) Any area where firearms are prohibited under | ||||||
13 | federal law. | ||||||
14 | (a-5) Nothing in this Act shall prohibit a public or | ||||||
15 | private community college, college, or university from: | ||||||
16 | (1) prohibiting persons from carrying a firearm within | ||||||
17 | a vehicle owned, leased, or controlled by the college or | ||||||
18 | university; | ||||||
19 | (2) developing resolutions, regulations, or policies | ||||||
20 | regarding student, employee, or visitor misconduct and | ||||||
21 | discipline, including suspension and expulsion; | ||||||
22 | (3) developing resolutions, regulations, or policies | ||||||
23 | regarding the storage or maintenance of firearms, which | ||||||
24 | must include designated areas where persons can park | ||||||
25 | vehicles that carry firearms; and | ||||||
26 | (4) permitting the carrying or use of firearms for the |
| |||||||
| |||||||
1 | purpose of instruction and curriculum of officially | ||||||
2 | recognized programs, including but not limited to military | ||||||
3 | science and law enforcement training programs, or in any | ||||||
4 | designated area used for hunting purposes or target | ||||||
5 | shooting. | ||||||
6 | (a-10) The owner of private real property of any type may | ||||||
7 | prohibit the carrying of concealed firearms on the property | ||||||
8 | under his or her control. The owner must post a sign in | ||||||
9 | accordance with subsection (d) of this Section indicating that | ||||||
10 | firearms are prohibited on the property, unless the property is | ||||||
11 | a private residence. | ||||||
12 | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | ||||||
13 | this Section except under paragraph (22) or (23) of subsection | ||||||
14 | (a), any licensee prohibited from carrying a concealed firearm | ||||||
15 | into the parking area of a prohibited location specified in | ||||||
16 | subsection (a), (a-5), or (a-10) of this Section shall be | ||||||
17 | permitted to carry a concealed firearm on or about his or her | ||||||
18 | person within a vehicle into the parking area and may store a | ||||||
19 | firearm or ammunition concealed in a case within a locked | ||||||
20 | vehicle or locked container out of plain view within the | ||||||
21 | vehicle in the parking area. A licensee may carry a concealed | ||||||
22 | firearm in the immediate area surrounding his or her vehicle | ||||||
23 | within a prohibited parking lot area only for the limited | ||||||
24 | purpose of storing or retrieving a firearm within the vehicle's | ||||||
25 | trunk. For purposes of this subsection, "case" includes a glove | ||||||
26 | compartment or console that completely encloses the concealed |
| |||||||
| |||||||
1 | firearm or ammunition, the trunk of the vehicle, or a firearm | ||||||
2 | carrying box, shipping box, or other container. | ||||||
3 | (c) A licensee shall not be in violation of this Section | ||||||
4 | while he or she is traveling along a public right of way that | ||||||
5 | touches or crosses any of the premises under subsection (a), | ||||||
6 | (a-5), or (a-10) of this Section if the concealed firearm is | ||||||
7 | carried on his or her person in accordance with the provisions | ||||||
8 | of this Act or is being transported in a vehicle by the | ||||||
9 | licensee in accordance with all other applicable provisions of | ||||||
10 | law. | ||||||
11 | (d) Signs stating that the carrying of firearms is | ||||||
12 | prohibited shall be clearly and conspicuously posted at the | ||||||
13 | entrance of a building, premises, or real property specified in | ||||||
14 | this Section as a prohibited area, unless the building or | ||||||
15 | premises is a private residence. Signs shall be of a uniform | ||||||
16 | design as established by the Department and shall be 4 inches | ||||||
17 | by 6 inches in size. The Department shall adopt rules for | ||||||
18 | standardized signs to be used under this subsection.
| ||||||
19 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | ||||||
20 | Section 90-50. The Criminal Code of 2012 is amended by | ||||||
21 | changing Sections 28-1, 28-1.1, 28-3,
28-5, and 28-7 as | ||||||
22 | follows:
| ||||||
23 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||||
24 | Sec. 28-1. Gambling.
|
| |||||||
| |||||||
1 | (a) A person commits gambling when he or she:
| ||||||
2 | (1) knowingly plays a game of chance or skill for money | ||||||
3 | or other thing of
value, unless excepted in subsection (b) | ||||||
4 | of this Section;
| ||||||
5 | (2) knowingly makes a wager upon the result of any | ||||||
6 | game, contest, or any
political nomination, appointment or | ||||||
7 | election;
| ||||||
8 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
9 | exhibits, rents, sells,
bargains for the sale or lease of, | ||||||
10 | manufactures or distributes any
gambling device;
| ||||||
11 | (4) contracts to have or give himself or herself or | ||||||
12 | another the option to buy
or sell, or contracts to buy or | ||||||
13 | sell, at a future time, any grain or
other commodity | ||||||
14 | whatsoever, or any stock or security of any company,
where | ||||||
15 | it is at the time of making such contract intended by both | ||||||
16 | parties
thereto that the contract to buy or sell, or the | ||||||
17 | option, whenever
exercised, or the contract resulting | ||||||
18 | therefrom, shall be settled, not by
the receipt or delivery | ||||||
19 | of such property, but by the payment only of
differences in | ||||||
20 | prices thereof; however, the issuance, purchase, sale,
| ||||||
21 | exercise, endorsement or guarantee, by or through a person | ||||||
22 | registered
with the Secretary of State pursuant to Section | ||||||
23 | 8 of the Illinois
Securities Law of 1953, or by or through | ||||||
24 | a person exempt from such
registration under said Section | ||||||
25 | 8, of a put, call, or other option to
buy or sell | ||||||
26 | securities which have been registered with the Secretary of
|
| |||||||
| |||||||
1 | State or which are exempt from such registration under | ||||||
2 | Section 3 of the
Illinois Securities Law of 1953 is not | ||||||
3 | gambling within the meaning of
this paragraph (4);
| ||||||
4 | (5) knowingly owns or possesses any book, instrument or | ||||||
5 | apparatus by
means of which bets or wagers have been, or | ||||||
6 | are, recorded or registered,
or knowingly possesses any | ||||||
7 | money which he has received in the course of
a bet or | ||||||
8 | wager;
| ||||||
9 | (6) knowingly sells pools upon the result of any game | ||||||
10 | or contest of skill or
chance, political nomination, | ||||||
11 | appointment or election;
| ||||||
12 | (7) knowingly sets up or promotes any lottery or sells, | ||||||
13 | offers to sell or
transfers any ticket or share for any | ||||||
14 | lottery;
| ||||||
15 | (8) knowingly sets up or promotes any policy game or | ||||||
16 | sells, offers to sell or
knowingly possesses or transfers | ||||||
17 | any policy ticket, slip, record,
document or other similar | ||||||
18 | device;
| ||||||
19 | (9) knowingly drafts, prints or publishes any lottery | ||||||
20 | ticket or share,
or any policy ticket, slip, record, | ||||||
21 | document or similar device, except for
such activity | ||||||
22 | related to lotteries, bingo games and raffles authorized by
| ||||||
23 | and conducted in accordance with the laws of Illinois or | ||||||
24 | any other state or
foreign government;
| ||||||
25 | (10) knowingly advertises any lottery or policy game, | ||||||
26 | except for such
activity related to lotteries, bingo games |
| |||||||
| |||||||
1 | and raffles authorized by and
conducted in accordance with | ||||||
2 | the laws of Illinois or any other state;
| ||||||
3 | (11) knowingly transmits information as to wagers, | ||||||
4 | betting odds, or
changes in betting odds by telephone, | ||||||
5 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
6 | installs or maintains equipment for the
transmission or | ||||||
7 | receipt of such information; except that nothing in this
| ||||||
8 | subdivision (11) prohibits transmission or receipt of such | ||||||
9 | information
for use in news reporting of sporting events or | ||||||
10 | contests; or
| ||||||
11 | (12) knowingly establishes, maintains, or operates an | ||||||
12 | Internet site that
permits a person to play a game of
| ||||||
13 | chance or skill for money or other thing of value by means | ||||||
14 | of the Internet or
to make a wager upon the
result of any | ||||||
15 | game, contest, political nomination, appointment, or
| ||||||
16 | election by means of the Internet. This item (12) does not | ||||||
17 | apply to activities referenced in items (6) and (6.1) of | ||||||
18 | subsection (b) of this Section.
| ||||||
19 | (b) Participants in any of the following activities shall | ||||||
20 | not be
convicted of gambling:
| ||||||
21 | (1) Agreements to compensate for loss caused by the | ||||||
22 | happening of
chance including without limitation contracts | ||||||
23 | of indemnity or guaranty
and life or health or accident | ||||||
24 | insurance.
| ||||||
25 | (2) Offers of prizes, award or compensation to the | ||||||
26 | actual
contestants in any bona fide contest for the |
| |||||||
| |||||||
1 | determination of skill,
speed, strength or endurance or to | ||||||
2 | the owners of animals or vehicles
entered in such contest.
| ||||||
3 | (3) Pari-mutuel betting as authorized by the law of | ||||||
4 | this State.
| ||||||
5 | (4) Manufacture of gambling devices, including the | ||||||
6 | acquisition of
essential parts therefor and the assembly | ||||||
7 | thereof, for transportation in
interstate or foreign | ||||||
8 | commerce to any place outside this State when such
| ||||||
9 | transportation is not prohibited by any applicable Federal | ||||||
10 | law; or the
manufacture, distribution, or possession of | ||||||
11 | video gaming terminals, as
defined in the Video Gaming Act, | ||||||
12 | by manufacturers, distributors, and
terminal operators | ||||||
13 | licensed to do so under the Video Gaming Act.
| ||||||
14 | (5) The game commonly known as "bingo", when conducted | ||||||
15 | in accordance
with the Bingo License and Tax Act.
| ||||||
16 | (6) Lotteries when conducted by the State of Illinois | ||||||
17 | in accordance
with the Illinois Lottery Law. This exemption | ||||||
18 | includes any activity conducted by the Department of | ||||||
19 | Revenue to sell lottery tickets pursuant to the provisions | ||||||
20 | of the Illinois Lottery Law and its rules.
| ||||||
21 | (6.1) The purchase of lottery tickets through the | ||||||
22 | Internet for a lottery conducted by the State of Illinois | ||||||
23 | under the program established in Section 7.12 of the | ||||||
24 | Illinois Lottery Law.
| ||||||
25 | (7) Possession of an antique slot machine that is | ||||||
26 | neither used nor
intended to be used in the operation or |
| |||||||
| |||||||
1 | promotion of any unlawful
gambling activity or enterprise. | ||||||
2 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
3 | slot machine is one manufactured 25 years ago or earlier.
| ||||||
4 | (8) Raffles and poker runs when conducted in accordance | ||||||
5 | with the Raffles and Poker Runs Act.
| ||||||
6 | (9) Charitable games when conducted in accordance with | ||||||
7 | the Charitable
Games Act.
| ||||||
8 | (10) Pull tabs and jar games when conducted under the | ||||||
9 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
10 | (11) Gambling games conducted on riverboats when
| ||||||
11 | authorized by the Illinois Riverboat Gambling Act.
| ||||||
12 | (12) Video gaming terminal games at a licensed | ||||||
13 | establishment, licensed truck stop establishment,
licensed
| ||||||
14 | fraternal establishment, or licensed veterans | ||||||
15 | establishment when
conducted in accordance with the Video | ||||||
16 | Gaming Act. | ||||||
17 | (13) Games of skill or chance where money or other | ||||||
18 | things of value can be won but no payment or purchase is | ||||||
19 | required to participate. | ||||||
20 | (14) Savings promotion raffles authorized under | ||||||
21 | Section 5g of the Illinois Banking Act, Section 7008 of the | ||||||
22 | Savings Bank Act, Section 42.7 of the Illinois Credit Union | ||||||
23 | Act, Section 5136B of the National Bank Act (12 U.S.C. | ||||||
24 | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | ||||||
25 | 1463). | ||||||
26 | (c) Sentence.
|
| |||||||
| |||||||
1 | Gambling is a
Class A misdemeanor. A second or
subsequent | ||||||
2 | conviction under subsections (a)(3) through (a)(12),
is a Class | ||||||
3 | 4 felony.
| ||||||
4 | (d) Circumstantial evidence.
| ||||||
5 | In prosecutions under
this
Section circumstantial evidence | ||||||
6 | shall have the same validity and weight as
in any criminal | ||||||
7 | prosecution.
| ||||||
8 | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16 .)
| ||||||
9 | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| ||||||
10 | Sec. 28-1.1. Syndicated gambling.
| ||||||
11 | (a) Declaration of Purpose. Recognizing the close | ||||||
12 | relationship between
professional gambling and other organized | ||||||
13 | crime, it is declared to be the
policy of the legislature to | ||||||
14 | restrain persons from engaging in the business
of gambling for | ||||||
15 | profit in this State. This Section shall be liberally
construed | ||||||
16 | and administered with a view to carrying out this policy.
| ||||||
17 | (b) A person commits syndicated gambling when he or she | ||||||
18 | operates a "policy
game" or engages in the business of | ||||||
19 | bookmaking.
| ||||||
20 | (c) A person "operates a policy game" when he or she | ||||||
21 | knowingly uses any
premises or property for the purpose of | ||||||
22 | receiving or knowingly does
receive from what is commonly | ||||||
23 | called "policy":
| ||||||
24 | (1) money from a person other than the bettor or player | ||||||
25 | whose
bets or plays are represented by the money; or
|
| |||||||
| |||||||
1 | (2) written "policy game" records, made or used over | ||||||
2 | any
period of time, from a person other than the bettor or | ||||||
3 | player whose bets
or plays are represented by the written | ||||||
4 | record.
| ||||||
5 | (d) A person engages in bookmaking when he or she knowingly | ||||||
6 | receives or accepts more
than five bets or wagers upon the | ||||||
7 | result of any trials or contests of
skill, speed or power of | ||||||
8 | endurance or upon any lot, chance, casualty,
unknown or | ||||||
9 | contingent event whatsoever, which bets or wagers shall be of
| ||||||
10 | such size that the total of the amounts of money paid or | ||||||
11 | promised to be
paid to the bookmaker on account thereof shall | ||||||
12 | exceed $2,000.
Bookmaking is the receiving or accepting of bets | ||||||
13 | or wagers
regardless of the form or manner in which the | ||||||
14 | bookmaker records them.
| ||||||
15 | (e) Participants in any of the following activities shall | ||||||
16 | not be
convicted of syndicated gambling:
| ||||||
17 | (1) Agreements to compensate for loss caused by the | ||||||
18 | happening
of chance including without limitation contracts | ||||||
19 | of indemnity or
guaranty and life or health or accident | ||||||
20 | insurance;
| ||||||
21 | (2) Offers of prizes, award or compensation to the | ||||||
22 | actual
contestants in any bona fide contest for the | ||||||
23 | determination of skill,
speed, strength or endurance or to | ||||||
24 | the owners of animals or vehicles
entered in the contest;
| ||||||
25 | (3) Pari-mutuel betting as authorized by law of this | ||||||
26 | State;
|
| |||||||
| |||||||
1 | (4) Manufacture of gambling devices, including the | ||||||
2 | acquisition
of essential parts therefor and the assembly | ||||||
3 | thereof, for transportation
in interstate or foreign | ||||||
4 | commerce to any place outside this State when
the | ||||||
5 | transportation is not prohibited by any applicable Federal | ||||||
6 | law;
| ||||||
7 | (5) Raffles and poker runs when conducted in accordance | ||||||
8 | with the Raffles and Poker Runs Act;
| ||||||
9 | (6) Gambling games conducted on riverboats , in | ||||||
10 | casinos, or at electronic gaming facilities when
| ||||||
11 | authorized by the Illinois Riverboat Gambling Act;
| ||||||
12 | (7) Video gaming terminal games at a licensed | ||||||
13 | establishment, licensed truck stop establishment,
licensed
| ||||||
14 | fraternal establishment, or licensed veterans | ||||||
15 | establishment
when conducted in accordance with the Video | ||||||
16 | Gaming Act; and
| ||||||
17 | (8) Savings promotion raffles authorized under Section | ||||||
18 | 5g of the Illinois Banking Act, Section 7008 of the Savings | ||||||
19 | Bank Act, Section 42.7 of the Illinois Credit Union Act, | ||||||
20 | Section 5136B of the National Bank Act (12 U.S.C. 25a), or | ||||||
21 | Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463). | ||||||
22 | (f) Sentence. Syndicated gambling is a Class 3 felony.
| ||||||
23 | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16 .)
| ||||||
24 | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
| ||||||
25 | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is |
| |||||||
| |||||||
1 | any real
estate, vehicle, boat or any other property whatsoever | ||||||
2 | used for the
purposes of gambling other than gambling conducted | ||||||
3 | in the manner authorized
by the Illinois Riverboat Gambling Act | ||||||
4 | or the Video Gaming Act. Any person who
knowingly permits any | ||||||
5 | premises
or property owned or occupied by him or under his | ||||||
6 | control to be used as a
gambling place commits a Class A | ||||||
7 | misdemeanor. Each subsequent offense is a
Class 4 felony. When | ||||||
8 | any premises is determined by the circuit court to be
a | ||||||
9 | gambling place:
| ||||||
10 | (a) Such premises is a public nuisance and may be proceeded | ||||||
11 | against as such,
and
| ||||||
12 | (b) All licenses, permits or certificates issued by the | ||||||
13 | State of
Illinois or any subdivision or public agency thereof | ||||||
14 | authorizing the
serving of food or liquor on such premises | ||||||
15 | shall be void; and no license,
permit or certificate so | ||||||
16 | cancelled shall be reissued for such premises for
a period of | ||||||
17 | 60 days thereafter; nor shall any person convicted of keeping a
| ||||||
18 | gambling place be reissued such license
for one year from his | ||||||
19 | conviction and, after a second conviction of keeping
a gambling | ||||||
20 | place, any such person shall not be reissued such license, and
| ||||||
21 | (c) Such premises of any person who knowingly permits | ||||||
22 | thereon a
violation of any Section of this Article shall be | ||||||
23 | held liable for, and may
be sold to pay any unsatisfied | ||||||
24 | judgment that may be recovered and any
unsatisfied fine that | ||||||
25 | may be levied under any Section of this Article.
| ||||||
26 | (Source: P.A. 96-34, eff. 7-13-09.)
|
| |||||||
| |||||||
1 | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
| ||||||
2 | Sec. 28-5. Seizure of gambling devices and gambling funds.
| ||||||
3 | (a) Every device designed for gambling which is incapable | ||||||
4 | of lawful use
or every device used unlawfully for gambling | ||||||
5 | shall be considered a
"gambling device", and shall be subject | ||||||
6 | to seizure, confiscation and
destruction by the Department of | ||||||
7 | State Police or by any municipal, or other
local authority, | ||||||
8 | within whose jurisdiction the same may be found. As used
in | ||||||
9 | this Section, a "gambling device" includes any slot machine, | ||||||
10 | and
includes any machine or device constructed for the | ||||||
11 | reception of money or
other thing of value and so constructed | ||||||
12 | as to return, or to cause someone
to return, on chance to the | ||||||
13 | player thereof money, property or a right to
receive money or | ||||||
14 | property. With the exception of any device designed for
| ||||||
15 | gambling which is incapable of lawful use, no gambling device | ||||||
16 | shall be
forfeited or destroyed unless an individual with a | ||||||
17 | property interest in
said device knows of the unlawful use of | ||||||
18 | the device.
| ||||||
19 | (b) Every gambling device shall be seized and forfeited to | ||||||
20 | the county
wherein such seizure occurs. Any money or other | ||||||
21 | thing of value integrally
related to acts of gambling shall be | ||||||
22 | seized and forfeited to the county
wherein such seizure occurs.
| ||||||
23 | (c) If, within 60 days after any seizure pursuant to | ||||||
24 | subparagraph
(b) of this Section, a person having any property | ||||||
25 | interest in the seized
property is charged with an offense, the |
| |||||||
| |||||||
1 | court which renders judgment
upon such charge shall, within 30 | ||||||
2 | days after such judgment, conduct a
forfeiture hearing to | ||||||
3 | determine whether such property was a gambling device
at the | ||||||
4 | time of seizure. Such hearing shall be commenced by a written
| ||||||
5 | petition by the State, including material allegations of fact, | ||||||
6 | the name
and address of every person determined by the State to | ||||||
7 | have any property
interest in the seized property, a | ||||||
8 | representation that written notice of
the date, time and place | ||||||
9 | of such hearing has been mailed to every such
person by | ||||||
10 | certified mail at least 10 days before such date, and a
request | ||||||
11 | for forfeiture. Every such person may appear as a party and
| ||||||
12 | present evidence at such hearing. The quantum of proof required | ||||||
13 | shall
be a preponderance of the evidence, and the burden of | ||||||
14 | proof shall be on
the State. If the court determines that the | ||||||
15 | seized property was
a gambling device at the time of seizure, | ||||||
16 | an order of forfeiture and
disposition of the seized property | ||||||
17 | shall be entered: a gambling device
shall be received by the | ||||||
18 | State's Attorney, who shall effect its
destruction, except that | ||||||
19 | valuable parts thereof may be liquidated and
the resultant | ||||||
20 | money shall be deposited in the general fund of the county
| ||||||
21 | wherein such seizure occurred; money and other things of value | ||||||
22 | shall be
received by the State's Attorney and, upon | ||||||
23 | liquidation, shall be
deposited in the general fund of the | ||||||
24 | county wherein such seizure
occurred. However, in the event | ||||||
25 | that a defendant raises the defense
that the seized slot | ||||||
26 | machine is an antique slot machine described in
subparagraph |
| |||||||
| |||||||
1 | (b) (7) of Section 28-1 of this Code and therefore he is
exempt | ||||||
2 | from the charge of a gambling activity participant, the seized
| ||||||
3 | antique slot machine shall not be destroyed or otherwise | ||||||
4 | altered until a
final determination is made by the Court as to | ||||||
5 | whether it is such an
antique slot machine. Upon a final | ||||||
6 | determination by the Court of this
question in favor of the | ||||||
7 | defendant, such slot machine shall be
immediately returned to | ||||||
8 | the defendant. Such order of forfeiture and
disposition shall, | ||||||
9 | for the purposes of appeal, be a final order and
judgment in a | ||||||
10 | civil proceeding.
| ||||||
11 | (d) If a seizure pursuant to subparagraph (b) of this | ||||||
12 | Section is not
followed by a charge pursuant to subparagraph | ||||||
13 | (c) of this Section, or if
the prosecution of such charge is | ||||||
14 | permanently terminated or indefinitely
discontinued without | ||||||
15 | any judgment of conviction or acquittal (1) the
State's | ||||||
16 | Attorney shall commence an in rem proceeding for the forfeiture
| ||||||
17 | and destruction of a gambling device, or for the forfeiture and | ||||||
18 | deposit
in the general fund of the county of any seized money | ||||||
19 | or other things of
value, or both, in the circuit court and (2) | ||||||
20 | any person having any
property interest in such seized gambling | ||||||
21 | device, money or other thing
of value may commence separate | ||||||
22 | civil proceedings in the manner provided
by law.
| ||||||
23 | (e) Any gambling device displayed for sale to a riverboat | ||||||
24 | gambling
operation , casino gambling operation, or electronic | ||||||
25 | gaming facility or used to train occupational licensees of a | ||||||
26 | riverboat gambling
operation , casino gambling operation, or |
| |||||||
| |||||||
1 | electronic gaming facility as authorized under the Illinois | ||||||
2 | Riverboat Gambling Act is exempt from
seizure under this | ||||||
3 | Section.
| ||||||
4 | (f) Any gambling equipment, devices and supplies provided | ||||||
5 | by a licensed
supplier in accordance with the Illinois | ||||||
6 | Riverboat Gambling Act which are removed
from a the riverboat , | ||||||
7 | casino, or electronic gaming facility for repair are exempt | ||||||
8 | from seizure under this Section.
| ||||||
9 | (g) The following video gaming terminals are exempt from | ||||||
10 | seizure under this Section: | ||||||
11 | (1) Video gaming terminals for sale to a licensed | ||||||
12 | distributor or operator under the Video Gaming Act. | ||||||
13 | (2) Video gaming terminals used to train licensed | ||||||
14 | technicians or licensed terminal handlers. | ||||||
15 | (3) Video gaming terminals that are removed from a | ||||||
16 | licensed establishment, licensed truck stop establishment,
| ||||||
17 | licensed
fraternal establishment, or licensed veterans | ||||||
18 | establishment for repair. | ||||||
19 | (Source: P.A. 98-31, eff. 6-24-13.)
| ||||||
20 | (720 ILCS 5/28-7)
(from Ch. 38, par. 28-7)
| ||||||
21 | Sec. 28-7. Gambling contracts void.
| ||||||
22 | (a) All promises, notes, bills, bonds, covenants, | ||||||
23 | contracts, agreements,
judgments, mortgages, or other | ||||||
24 | securities or conveyances made, given,
granted, drawn, or | ||||||
25 | entered into, or executed by any person whatsoever,
where the |
| |||||||
| |||||||
1 | whole or any part of the consideration thereof is for any
money | ||||||
2 | or thing of value, won or obtained in violation of any Section | ||||||
3 | of
this Article are null and void.
| ||||||
4 | (b) Any obligation void under this Section may be set aside | ||||||
5 | and vacated
by any court of competent jurisdiction, upon a | ||||||
6 | complaint filed for that
purpose, by the person so granting, | ||||||
7 | giving, entering into, or executing the
same, or by his | ||||||
8 | executors or administrators, or by any creditor, heir,
legatee, | ||||||
9 | purchaser or other person interested therein; or if a judgment,
| ||||||
10 | the same may be set aside on motion of any person stated above, | ||||||
11 | on due
notice thereof given.
| ||||||
12 | (c) No assignment of any obligation void under this Section | ||||||
13 | may in any
manner affect the defense of the person giving, | ||||||
14 | granting, drawing, entering
into or executing such obligation, | ||||||
15 | or the remedies of any person interested
therein.
| ||||||
16 | (d) This Section shall not prevent a licensed owner of a | ||||||
17 | riverboat
gambling operation , casino gambling operation, or an | ||||||
18 | electronic gaming licensee under the Illinois Gambling
Act and | ||||||
19 | the Illinois Horse Racing Act of 1975 from instituting a cause | ||||||
20 | of
action to collect any amount due and owing under an | ||||||
21 | extension of credit to a
riverboat gambling patron as | ||||||
22 | authorized under Section 11.1 of the Illinois
Riverboat | ||||||
23 | Gambling Act.
| ||||||
24 | (Source: P.A. 87-826.)
| ||||||
25 | Section 90-55. The Eminent Domain Act is amended by adding |
| |||||||
| |||||||
1 | Section 15-5-48 as follows: | ||||||
2 | (735 ILCS 30/15-5-48 new) | ||||||
3 | Sec. 15-5-48. Eminent domain powers in new Acts. The | ||||||
4 | following provisions of law may include express grants of the | ||||||
5 | power to acquire property by condemnation or eminent domain: | ||||||
6 | Chicago Casino Development Authority Act; City of Chicago; for | ||||||
7 | the purposes of the Act. | ||||||
8 | Section 90-60. The Payday Loan Reform Act is amended by | ||||||
9 | changing Section 3-5 as follows: | ||||||
10 | (815 ILCS 122/3-5)
| ||||||
11 | Sec. 3-5. Licensure. | ||||||
12 | (a) A license to make a payday loan shall state the | ||||||
13 | address,
including city and state, at which
the business is to | ||||||
14 | be conducted and shall state fully the name of the licensee.
| ||||||
15 | The license shall be conspicuously posted in the place of | ||||||
16 | business of the
licensee and shall not be transferable or | ||||||
17 | assignable.
| ||||||
18 | (b) An application for a license shall be in writing and in | ||||||
19 | a form
prescribed by the Secretary. The Secretary may not issue | ||||||
20 | a payday loan
license unless and until the following findings | ||||||
21 | are made:
| ||||||
22 | (1) that the financial responsibility, experience, |
| |||||||
| |||||||
1 | character, and general
fitness of the applicant are such as | ||||||
2 | to command the confidence of the public
and to warrant the | ||||||
3 | belief that the business will be operated lawfully and
| ||||||
4 | fairly and within the provisions and purposes of this Act; | ||||||
5 | and
| ||||||
6 | (2) that the applicant has submitted such other | ||||||
7 | information as the
Secretary may deem necessary.
| ||||||
8 | (c) A license shall be issued for no longer than one year, | ||||||
9 | and no renewal
of a license may be provided if a licensee has | ||||||
10 | substantially violated this
Act and has not cured the violation | ||||||
11 | to the satisfaction of the Department.
| ||||||
12 | (d) A licensee shall appoint, in writing, the Secretary as | ||||||
13 | attorney-in-fact
upon whom all lawful process against the | ||||||
14 | licensee may be served with the
same legal force and validity | ||||||
15 | as if served on the licensee. A copy of the
written | ||||||
16 | appointment, duly certified, shall be filed in the office of | ||||||
17 | the
Secretary, and a copy thereof certified by the Secretary | ||||||
18 | shall be sufficient
evidence to subject a licensee to | ||||||
19 | jurisdiction in a court of law. This appointment shall remain | ||||||
20 | in effect while any liability remains
outstanding in this State | ||||||
21 | against the licensee. When summons is served upon
the Secretary | ||||||
22 | as attorney-in-fact for a licensee, the Secretary shall | ||||||
23 | immediately
notify the licensee by registered mail, enclosing | ||||||
24 | the summons and specifying
the hour and day of service.
| ||||||
25 | (e) A licensee must pay an annual fee of $1,000. In | ||||||
26 | addition to the
license fee, the reasonable expense of any |
| |||||||
| |||||||
1 | examination or hearing
by the Secretary under any provisions of | ||||||
2 | this Act shall be borne by
the licensee. If a licensee fails to | ||||||
3 | renew its license by December 31,
its license
shall | ||||||
4 | automatically expire; however, the Secretary, in his or her | ||||||
5 | discretion,
may reinstate an expired license upon:
| ||||||
6 | (1) payment of the annual fee within 30 days of the | ||||||
7 | date of
expiration; and
| ||||||
8 | (2) proof of good cause for failure to renew.
| ||||||
9 | (f) Not more than one place of business shall be maintained | ||||||
10 | under the
same license, but the Secretary may issue more than | ||||||
11 | one license to the same
licensee upon compliance with all the | ||||||
12 | provisions of this Act governing
issuance of a single license. | ||||||
13 | The location, except those locations already in
existence as of | ||||||
14 | June 1, 2005, may not be within one mile of a
horse race track | ||||||
15 | subject to the Illinois Horse Racing Act of 1975,
within one | ||||||
16 | mile of a facility at which gambling is conducted under the | ||||||
17 | Illinois
Riverboat Gambling Act, within one mile of the | ||||||
18 | location at which a
riverboat subject to the Illinois Riverboat | ||||||
19 | Gambling Act docks, or within one mile of
any State of Illinois | ||||||
20 | or United States military base or naval installation.
| ||||||
21 | (g) No licensee shall conduct the business of making loans | ||||||
22 | under this
Act within any office, suite, room, or place of | ||||||
23 | business in which (1) any loans are offered or made under the | ||||||
24 | Consumer Installment Loan Act other than title secured loans as | ||||||
25 | defined in subsection (a) of Section 15 of the Consumer | ||||||
26 | Installment Loan Act and governed by Title 38, Section 110.330 |
| |||||||
| |||||||
1 | of the Illinois Administrative Code or (2) any other
business | ||||||
2 | is solicited or engaged in unless the other business is | ||||||
3 | licensed by the Department or, in the opinion of the Secretary, | ||||||
4 | the
other business would not be contrary to the best interests | ||||||
5 | of consumers and
is authorized by the Secretary in writing.
| ||||||
6 | (g-5) Notwithstanding subsection (g) of this Section, a | ||||||
7 | licensee may obtain a license under the Consumer Installment | ||||||
8 | Loan Act (CILA) for the exclusive purpose and use of making | ||||||
9 | title secured loans, as defined in subsection (a) of Section 15 | ||||||
10 | of CILA and governed by Title 38, Section 110.300 of the | ||||||
11 | Illinois Administrative Code. A licensee may continue to | ||||||
12 | service Consumer Installment Loan Act loans that were | ||||||
13 | outstanding as of the effective date of this amendatory Act of | ||||||
14 | the 96th General Assembly. | ||||||
15 | (h) The Secretary shall maintain a list of licensees that | ||||||
16 | shall be
available to interested consumers and lenders and the | ||||||
17 | public. The Secretary
shall maintain a toll-free number whereby | ||||||
18 | consumers may obtain
information about licensees. The | ||||||
19 | Secretary shall also establish a complaint
process under which | ||||||
20 | an aggrieved consumer
may file a complaint against a licensee | ||||||
21 | or non-licensee who violates any
provision of this Act.
| ||||||
22 | (Source: P.A. 96-936, eff. 3-21-11 .) | ||||||
23 | Section 90-65. The Travel Promotion Consumer Protection | ||||||
24 | Act is amended by changing Section 2 as follows:
|
| |||||||
| |||||||
1 | (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
| ||||||
2 | Sec. 2. Definitions.
| ||||||
3 | (a) "Travel promoter" means a person, including a tour | ||||||
4 | operator, who sells,
provides, furnishes, contracts for, | ||||||
5 | arranges or advertises that he or she will
arrange wholesale or | ||||||
6 | retail transportation by air, land, sea or navigable
stream, | ||||||
7 | either separately or in conjunction with other services. | ||||||
8 | "Travel
promoter" does not include (1) an air carrier; (2) a | ||||||
9 | sea carrier; (3) an
officially appointed agent of an air | ||||||
10 | carrier who is a member in good standing
of the Airline | ||||||
11 | Reporting Corporation; (4) a travel promoter who has in
force | ||||||
12 | $1,000,000 or more of liability insurance coverage for | ||||||
13 | professional
errors and omissions and a surety bond or | ||||||
14 | equivalent surety in the amount of
$100,000 or more for the | ||||||
15 | benefit of consumers in the event of a bankruptcy on
the part | ||||||
16 | of the travel promoter; or (5) a riverboat subject to | ||||||
17 | regulation under
the Illinois Riverboat Gambling Act.
| ||||||
18 | (b) "Advertise" means to make any representation in the | ||||||
19 | solicitation of
passengers and includes communication with | ||||||
20 | other members of the same
partnership, corporation, joint | ||||||
21 | venture, association, organization, group or
other entity.
| ||||||
22 | (c) "Passenger" means a person on whose behalf money or | ||||||
23 | other
consideration has been given or is to be given to | ||||||
24 | another, including
another member of the same partnership, | ||||||
25 | corporation, joint venture,
association, organization, group | ||||||
26 | or other entity, for travel.
|
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1 | (d) "Ticket or voucher" means a writing or combination of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | writings which
is itself good and sufficient to obtain
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | transportation and other services for which the passenger has | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | contracted.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (30 ILCS 105/5.490 rep.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Section 90-70. The State Finance Act is amended by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | repealing Section 5.490. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | (230 ILCS 5/54 rep.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Section 90-75. The Illinois Horse Racing Act of 1975 is | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | amended by repealing Section 54. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | ARTICLE 99. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Section 99-97. Severability. The provisions of this Act are | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | severable under Section 1.31 of the Statute on Statutes. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Section 99-99. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | becoming law. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||