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1 | | enhance investment, development, and tourism in Illinois, it is |
2 | | recognized that it will do so successfully only if public |
3 | | confidence and trust in the credibility and integrity of the |
4 | | gambling operations and the regulatory process is maintained. |
5 | | Therefore, the provisions of this Act are designed to allow the |
6 | | Illinois Gaming Board to strictly regulate the facilities, |
7 | | persons, associations, and practices related to gambling |
8 | | operations pursuant to the police powers of the State, |
9 | | including comprehensive law enforcement supervision. |
10 | | Consistent with the Gaming Board's authority, the Gaming Board |
11 | | alone shall regulate any Chicago casino, just as it now |
12 | | regulates every other casino in Illinois. |
13 | | Section 1-5. Definitions.
As used in this Act: |
14 | | "Authority" means the Chicago Casino Development Authority |
15 | | created by this
Act.
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16 | | "Casino" means one temporary land-based or water-based |
17 | | facility and one permanent land-based or water-based facility |
18 | | at which lawful gambling is authorized
and licensed as provided |
19 | | in the Illinois Gambling Act.
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20 | | "Casino Board" means the board appointed pursuant to this |
21 | | Act to govern and control
the Authority. |
22 | | "Casino management contract" means a legally binding
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23 | | agreement between the Authority and a casino operator licensee |
24 | | to operate or manage a casino. |
25 | | "Casino operator licensee" means any person or entity |
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1 | | selected by the Authority and approved and licensed by the |
2 | | Gaming Board to manage and operate a casino within the City of |
3 | | Chicago pursuant to a casino management contract. |
4 | | "City" means the City of Chicago.
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5 | | "Entity" means a corporation, joint venture, partnership, |
6 | | limited liability company, trust, or unincorporated |
7 | | association. |
8 | | "Executive director" means the person appointed by the |
9 | | Casino Board to oversee the
daily operations of the Authority.
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10 | | "Gaming Board" means the Illinois Gaming Board created by |
11 | | the Illinois Gambling Act.
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12 | | "Mayor" means the Mayor of the City.
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13 | | Section 1-12. Creation of the Authority. There is hereby |
14 | | created a political subdivision, unit of local government with |
15 | | only the powers authorized by law, body politic, and municipal |
16 | | corporation, by the name and style of the Chicago Casino |
17 | | Development Authority. |
18 | | Section 1-13. Duties of the Authority. It shall be the duty |
19 | | of the Authority, as an owners licensee under the Illinois |
20 | | Gambling Act, to promote and maintain a casino in the City. The |
21 | | Authority shall own, acquire, construct, lease, equip, and |
22 | | maintain grounds, buildings, and facilities for that purpose. |
23 | | However, the Authority shall contract with a casino operator |
24 | | licensee to manage and operate the casino and in no event shall |
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1 | | the Authority or City manage or operate the casino. The |
2 | | Authority may contract pursuant to the procedures set forth in |
3 | | Section 1-115 with other third parties in order to fulfill its |
4 | | purpose. The Authority is responsible for the payment of any |
5 | | fees required of a casino operator under subsection (a) of |
6 | | Section 7.9 of the Illinois Gambling Act if the casino operator |
7 | | licensee is late in paying any such fees. The Authority is |
8 | | granted all rights and powers necessary to perform such duties. |
9 | | Subject to the provisions of this Act, the Authority and casino |
10 | | operator licensee are subject to the Illinois Gambling Act and |
11 | | all of the rules of the Gaming Board, which shall be applied to |
12 | | the Authority and the casino operator licensee in a manner |
13 | | consistent with that of other owners licensees under the |
14 | | Illinois Gambling Act. Nothing in this Act shall confer |
15 | | regulatory authority on the Chicago Casino Development |
16 | | Authority. The Illinois Gaming Board shall have exclusive |
17 | | regulatory authority over all gambling operations governed by |
18 | | this Act. |
19 | | Section 1-15. Casino Board. |
20 | | (a) The governing and administrative powers of the |
21 | | Authority shall be vested
in a body known as the Chicago Casino |
22 | | Development Board. The Casino Board shall
consist of 5 members |
23 | | appointed by the Mayor. One of these
members shall be |
24 | | designated
by the Mayor to serve as chairperson.
All of the |
25 | | members
appointed by the Mayor shall be residents of the City. |
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1 | | Each Casino Board appointee shall be subject to a |
2 | | preliminary background investigation completed by the Gaming |
3 | | Board within 30 days after the appointee's submission of his or |
4 | | her application to the Gaming Board. If the Gaming Board |
5 | | determines that there is a substantial likelihood that it will |
6 | | not find the appointee to be suitable to serve on the Casino |
7 | | Board (applying the same standards for suitability to the
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8 | | appointee as the Gaming Board would apply to an owners licensee |
9 | | key person under the
Gaming Board's adopted rules), then the |
10 | | Gaming Board shall provide a
written notice of such |
11 | | determination to the appointee and the
Corporation Counsel of |
12 | | the City. The Mayor may then appoint a new candidate. If no |
13 | | such notice is delivered with respect to a particular |
14 | | appointee, then commencing on the 31st day following the date |
15 | | of the appointee's submission of his or her application to the |
16 | | Gaming Board, the appointee shall be deemed an acting member of |
17 | | the Casino Board and shall participate as a Casino Board |
18 | | member. |
19 | | Each appointee shall be subject to a full background |
20 | | investigation and final approval by the Gaming Board prior to |
21 | | the opening of the casino. The Gaming Board shall complete its |
22 | | full background investigation of the Casino Board appointee |
23 | | within 3 months after the date of the appointee's submission of |
24 | | his or her application to the Gaming Board. If the Gaming Board |
25 | | does not complete its background investigation within the |
26 | | 3-month period, then the Gaming Board shall give a written |
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1 | | explanation to the appointee, as well as the Mayor, the |
2 | | Governor, the President of the Senate, and the Speaker of the |
3 | | House of Representatives, as to why it has not reached a final |
4 | | determination and set forth a reasonable time when such |
5 | | determination shall be made.
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6 | | (b) Casino Board members shall receive $300 for each day |
7 | | the Authority meets and
shall be entitled to reimbursement of |
8 | | reasonable expenses incurred in the
performance of their |
9 | | official duties. A Casino Board member who serves in the office
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10 | | of secretary-treasurer may also receive compensation for |
11 | | services provided
as that officer. |
12 | | Section 1-20. Terms of appointments; resignation and |
13 | | removal. |
14 | | (a) The Mayor shall appoint 2 members of the Casino Board |
15 | | for an initial term expiring July 1 of the year following final |
16 | | approval by the Gaming Board, 2 members for an initial term |
17 | | expiring July 1 three years following final approval by the |
18 | | Gaming Board, and one member for an initial term expiring July |
19 | | 1 five years following final approval by the Gaming Board.
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20 | | (b) All successors shall be appointed by the Mayor to hold |
21 | | office for a term of 5 years from the first day of July of the |
22 | | year in which they are appointed, except in the case of an |
23 | | appointment to fill a vacancy. Each member, including the |
24 | | chairperson, shall hold office until the expiration of his or |
25 | | her term and until his or her successor is appointed and |
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1 | | qualified. Nothing shall preclude a member from serving |
2 | | consecutive terms. Any member may resign from office, to take |
3 | | effect when a successor has been appointed and qualified. A |
4 | | vacancy in office shall occur in the case of a member's death |
5 | | or indictment, conviction, or plea of guilty to a felony. A |
6 | | vacancy shall be filled for the unexpired term by the Mayor |
7 | | subject to the approval of the Gaming Board as provided in this |
8 | | Section.
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9 | | (c) Members of the Casino Board shall serve at the pleasure |
10 | | of the Mayor. The Mayor or the Gaming Board may remove any |
11 | | member of the Casino Board upon a finding of incompetence, |
12 | | neglect of duty, or misfeasance or malfeasance in office or for |
13 | | a violation of this Act. The Gaming Board may remove any member |
14 | | of the Casino Board for any violation of the Illinois Gambling |
15 | | Act or the rules and regulations of the Gaming Board.
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16 | | (d) No member of the Casino Board shall engage in any |
17 | | political activity. For the purpose of this Section, "political |
18 | | activity" means any activity in support of or in connection |
19 | | with any campaign for federal, State, or local elective office |
20 | | or any political organization, but does not include activities |
21 | | (i) relating to the support or opposition of any executive, |
22 | | legislative, or administrative action, as those terms are |
23 | | defined in Section 2 of the Lobbyist Registration Act, (ii) |
24 | | relating to collective bargaining, or (iii) that are otherwise |
25 | | in furtherance of the person's official duties or governmental |
26 | | and public service functions. |
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1 | | Section 1-25. Organization of Casino Board; meetings. |
2 | | After appointment by the Mayor, the Casino Board shall organize |
3 | | for the transaction of business, provided that the Casino Board |
4 | | shall not take any formal action until after the Gaming Board |
5 | | has completed its preliminary background investigation of at |
6 | | least a quorum of the Casino Board as provided in subsection |
7 | | (a) of Section 1-15. The Casino Board shall prescribe the time |
8 | | and place for meetings, the manner in which special meetings |
9 | | may be called, and the notice that must be given to members. |
10 | | All actions and meetings of the Casino Board shall be subject |
11 | | to the provisions of the Open Meetings Act. Three members of |
12 | | the Casino Board shall constitute a quorum. All substantive |
13 | | action of the Casino Board shall be by resolution with an |
14 | | affirmative vote of a majority of the members. |
15 | | Section 1-30. Executive director; officers. |
16 | | (a) The Casino Board shall appoint
an executive director, |
17 | | who shall be the chief executive officer of the
Authority. |
18 | | The executive director shall be subject to a preliminary |
19 | | background investigation to be completed by the Gaming Board |
20 | | within 30 days after the executive director's submission of his |
21 | | or her application to the Gaming Board. If the Gaming Board |
22 | | determines that there is a substantial likelihood that it will |
23 | | not find the executive director to be suitable to serve in that |
24 | | position (applying the same standards for suitability as the
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1 | | Gaming Board would apply to an owners licensee key person under |
2 | | the Gaming Board's adopted rules), then the Gaming Board shall |
3 | | provide a written notice of such determination to the appointee |
4 | | and the Corporation Counsel of the City. The Casino Board may |
5 | | then appoint a new executive director. If no such notice is |
6 | | delivered, then commencing on the 31st day following the date |
7 | | of the executive director's submission of his or her |
8 | | application to the Gaming Board, the executive director shall |
9 | | commence all duties as the acting executive director of the |
10 | | Authority. |
11 | | The executive director shall be subject to a full |
12 | | background investigation and final approval by the Gaming Board |
13 | | prior to the opening of the casino. The Gaming Board shall |
14 | | complete its full background investigation of the executive |
15 | | director within 3 months after the date of the executive |
16 | | director's submission of his or her application to the Gaming |
17 | | Board. If the Gaming Board does not complete its background |
18 | | investigation within the 3-month period, then the Gaming Board |
19 | | shall give a written explanation to the appointee, as well as |
20 | | the Mayor, the Governor, the President of the Senate, and the |
21 | | Speaker of the House of Representatives, as to why it has not |
22 | | reached a final determination and set forth a reasonable time |
23 | | when such determination shall be made.
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24 | | (b) The Casino Board shall fix the compensation of the |
25 | | executive director.
Subject to the general control of the |
26 | | Casino Board, the executive director shall be
responsible for |
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1 | | the management of the business, properties, and
employees of |
2 | | the Authority. The executive director shall direct the
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3 | | enforcement of all resolutions, rules, and regulations of the |
4 | | Casino Board, and shall
perform such other duties as may be |
5 | | prescribed from
time to time by the Casino Board. All employees |
6 | | and independent contractors,
consultants, engineers, |
7 | | architects, accountants, attorneys, financial experts,
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8 | | construction experts and personnel, superintendents, managers, |
9 | | and other
personnel appointed or employed pursuant to this Act |
10 | | shall
report to the executive director. In addition to any |
11 | | other duties set forth in
this Act, the executive director |
12 | | shall do or shall delegate to an employee or agent of the |
13 | | Authority to do all of the following:
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14 | | (1) Direct and supervise the administrative affairs |
15 | | and activities of the
Authority in accordance with its |
16 | | rules, regulations, and policies.
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17 | | (2) Attend meetings of the Casino Board.
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18 | | (3) Keep minutes of all proceedings of the Casino |
19 | | Board.
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20 | | (4) Approve all accounts for salaries, per diem |
21 | | payments, and allowable
expenses of the Casino Board and |
22 | | its employees and consultants.
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23 | | (5) Report and make recommendations to the Casino Board |
24 | | concerning the terms and
conditions of any casino |
25 | | management contract.
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26 | | (6) Perform any other duty that the Casino Board |
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1 | | requires for carrying out the
provisions of this Act.
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2 | | (7) Devote his or her full time to the duties of the |
3 | | office and not hold
any other office or employment.
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4 | | (c) The Casino Board may select a secretary-treasurer and |
5 | | other officers to hold office at the pleasure of the Casino |
6 | | Board. The Casino Board
shall fix the duties of such officers. |
7 | | Section 1-31. General rights and powers of the Authority. |
8 | | (a) In addition to the duties and powers set forth in this |
9 | | Act, the Authority shall have the following rights and powers: |
10 | | (1) Adopt and alter an official seal. |
11 | | (2) Establish and change its fiscal year. |
12 | | (3) Sue and be sued, plead and be impleaded, all in its |
13 | | own name, and agree to binding arbitration of any dispute |
14 | | to which it is a party. |
15 | | (4) Adopt, amend, and repeal bylaws, rules, and |
16 | | regulations consistent with the furtherance of the powers |
17 | | and duties provided for. |
18 | | (5) Maintain its principal office within the City and |
19 | | such other offices as the Casino Board may designate. |
20 | | (6) Select locations in the City for a temporary and a |
21 | | permanent casino. |
22 | | (7) Subject to the bidding procedures of Section 1-115 |
23 | | of this Act, retain or employ, either as regular employees |
24 | | or independent contractors, consultants, engineers, |
25 | | architects, accountants, attorneys, financial experts, |
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1 | | construction experts and personnel, superintendents, |
2 | | managers and other professional personnel, and such other |
3 | | personnel as may be necessary in the judgment of the Casino |
4 | | Board, and fix their compensation; however, employees of |
5 | | the Authority shall be hired pursuant to and in accordance |
6 | | with the rules and policies the Authority may adopt. |
7 | | (8) Pursuant to Section 1-115 of this Act, own, |
8 | | acquire, construct, equip, lease, operate, manage, and |
9 | | maintain grounds, buildings, and facilities to carry out |
10 | | its corporate purposes and duties. |
11 | | (9) Pursuant to Section 1-115, and subject to the |
12 | | oversight, review, and approval of the Gaming Board, enter |
13 | | into, revoke, and modify contracts in accordance with the |
14 | | rules of the Gaming Board as consistently applied to all |
15 | | owners licensees under the Illinois Gambling Act, provided |
16 | | that the Authority may enter into contracts for the design, |
17 | | construction, and outfitting of a temporary casino prior to |
18 | | the Gaming Board's final approval of the Authority's |
19 | | executive director and the members of the Casino Board and |
20 | | prior to the Gaming Board's issuance of the Authority's |
21 | | owners license. Provided further that the entities |
22 | | selected by the Authority for the design, construction,
and |
23 | | outfitting of the temporary casino shall be subject to a |
24 | | preliminary background investigation to
be completed by |
25 | | the Gaming Board within 30 days after the Gaming Board is |
26 | | provided the
identities of the entities. If the Gaming |
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1 | | Board determines that there is a substantial likelihood
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2 | | that the entities are not suitable or acceptable to perform |
3 | | their respective functions, then the
Gaming Board shall |
4 | | immediately provide notice of that determination to the |
5 | | Authority. If no such
notice is delivered, then, commencing |
6 | | on the 31st day following the date on which the information
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7 | | identifying such entities is provided to the Gaming Board, |
8 | | such entities shall be permitted to
commence the services |
9 | | contemplated for the design, construction, and outfitting |
10 | | of the temporary
casino. In no event, however, shall the |
11 | | Authority open a casino until after the Gaming Board has |
12 | | finally approved the Authority's executive director and |
13 | | the members of the Casino Board and the Gaming Board has |
14 | | issued the Authority's owners license and the casino |
15 | | operator's casino operator license. |
16 | | (10) Enter into a casino management contract subject to |
17 | | the provisions of Section 1-45 of this Act. |
18 | | (11) Negotiate and enter into intergovernmental |
19 | | agreements with the State and its agencies, the City, and |
20 | | other units of local government, in furtherance of the |
21 | | powers and duties of the Casino Board. |
22 | | (12) Receive and disburse funds for its own corporate |
23 | | purposes or as otherwise specified in this Act. |
24 | | (13) Borrow money from any source, public or private, |
25 | | for any corporate purpose, including, without limitation, |
26 | | working capital for its operations, reserve funds, or |
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1 | | payment of interest, and to mortgage, pledge, or otherwise |
2 | | encumber the property or funds of the Authority and to |
3 | | contract with or engage the services of any person in |
4 | | connection with any financing, including financial |
5 | | institutions, issuers of letters of credit, or insurers and |
6 | | enter into reimbursement agreements with this person or |
7 | | entity which may be secured as if money were borrowed from |
8 | | the person or entity. |
9 | | (14) Issue bonds as provided for under this Act. |
10 | | (15) Receive and accept from any source, private or |
11 | | public, contributions, gifts, or grants of money or |
12 | | property to the Authority. |
13 | | (16) Provide for the insurance of any property, |
14 | | operations, officers, members, agents, or employees of the |
15 | | Authority against any risk or hazard, to self-insure or |
16 | | participate in joint self-insurance pools or entities to |
17 | | insure against such risk or hazard, and to provide for the |
18 | | indemnification of its officers, members, employees, |
19 | | contractors, or agents against any and all risks. |
20 | | (17) Exercise all the corporate powers granted |
21 | | Illinois corporations under the Business Corporation Act |
22 | | of 1983, except to the extent that powers are inconsistent |
23 | | with those of a body politic and municipal corporation. |
24 | | (18) Do all things necessary or convenient to carry out |
25 | | the powers granted by this Act. |
26 | | (b) The Casino Board shall comply with all applicable legal |
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1 | | requirements imposed on other owners licensees to conduct all |
2 | | background investigations required under the Illinois Gambling |
3 | | Act and the rules of the Gaming Board. This requirement shall |
4 | | also extend to senior legal, financial, and administrative |
5 | | staff of the Authority. |
6 | | Section 1-32. Ethical conduct. |
7 | | (a) Casino Board members and employees of the Authority |
8 | | must carry out their duties and responsibilities in such a |
9 | | manner as to promote and preserve public trust and confidence |
10 | | in the integrity and conduct of gaming. |
11 | | (b) Except as may be required in the conduct of official |
12 | | duties, Casino Board members and employees of the Authority |
13 | | shall not engage in gambling on any riverboat, in any casino, |
14 | | or in an electronic gaming facility licensed by the Illinois |
15 | | Gaming Board or engage in legalized gambling in any |
16 | | establishment identified by Gaming Board action that, in the |
17 | | judgment of the Gaming Board, could represent a potential for a |
18 | | conflict of interest. |
19 | | (c) A Casino Board member or employee of the Authority |
20 | | shall not use or attempt to use his or her official position to |
21 | | secure or attempt to secure any privilege, advantage, favor, or |
22 | | influence for himself or herself or others. |
23 | | (d) Casino Board members and employees of the Authority |
24 | | shall not hold or pursue employment, office, position, |
25 | | business, or occupation that may conflict with his or her |
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1 | | official duties. Employees may engage in other gainful |
2 | | employment so long as that employment does not interfere or |
3 | | conflict with their duties. Such employment must be disclosed |
4 | | to the executive director and approved by the Casino Board. |
5 | | (e) Casino Board members, employees of the Authority, and |
6 | | elected officials and employees of the City may not engage in |
7 | | employment, communications, or any activity identified by the |
8 | | Casino Board or Gaming Board that, in the judgment of either |
9 | | entity, could represent the potential for or the appearance of |
10 | | a conflict of interest. |
11 | | (f) Casino Board members, employees of the Authority, and |
12 | | elected officials and employees of the City may not have a |
13 | | financial interest, directly or indirectly, in his or her own |
14 | | name or in the name of any other person, partnership, |
15 | | association, trust, corporation, or other entity in any |
16 | | contract or subcontract for the performance of any work for the |
17 | | Authority. This prohibition shall extend to the holding or |
18 | | acquisition of an interest in any entity identified by the |
19 | | Casino Board or the Gaming Board that, in the judgment of |
20 | | either entity, could represent the potential for or the |
21 | | appearance of a financial interest. The holding or acquisition |
22 | | of an interest in such entities through an indirect means, such |
23 | | as through a mutual fund, shall not be prohibited, except that |
24 | | the Gaming Board may identify specific investments or funds |
25 | | that, in its judgment, are so influenced by gaming holdings as |
26 | | to represent the potential for or the appearance of a conflict |
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1 | | of interest. |
2 | | (g) Casino Board members, employees of the Authority, and |
3 | | elected officials and employees of the City may not accept any |
4 | | gift, gratuity, service, compensation, travel, lodging, or |
5 | | thing of value, with the exception of unsolicited items of an |
6 | | incidental nature, from any person, corporation, or entity |
7 | | doing business with the Authority. |
8 | | (h) No Casino Board member, employee of the Authority, or |
9 | | elected official or employee of the City may, during employment |
10 | | or within a period of 2 years immediately after termination of |
11 | | employment, knowingly accept employment or receive |
12 | | compensation or fees for services from a person or entity, or |
13 | | its parent or affiliate, that has engaged in business with the |
14 | | Authority that resulted in contracts with an aggregate value of |
15 | | at least $25,000 or if that Casino Board member or employee has |
16 | | made a decision that directly applied to the person or entity, |
17 | | or its parent or affiliate. |
18 | | (i) A spouse, child, or parent of a Casino Board member, |
19 | | employee of the Authority, or elected official or employee of |
20 | | the City may not have a financial interest, directly or |
21 | | indirectly, in his or her own name or in the name of any other |
22 | | person, partnership, association, trust, corporation, or other |
23 | | entity in any contract or subcontract for the performance of |
24 | | any work for the Authority. This prohibition shall extend to |
25 | | the holding or acquisition of an interest in any entity |
26 | | identified by the Casino Board or Gaming Board that, in the |
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1 | | judgment of either entity, could represent the potential for or |
2 | | the appearance of a conflict of interest. The holding or |
3 | | acquisition of an interest in such entities through an indirect |
4 | | means, such as through a mutual fund, shall not be prohibited, |
5 | | except that the Gaming Board may identify specific investments |
6 | | or funds that, in its judgment, are so influenced by gaming |
7 | | holdings as to represent the potential for or the appearance of |
8 | | a conflict of interest. |
9 | | (j) 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 accept any gift, gratuity, service, |
12 | | compensation, travel, lodging, or thing of value, with the |
13 | | exception of unsolicited items of an incidental nature, from |
14 | | any person, corporation, or entity doing business with the |
15 | | Authority. |
16 | | (k) A spouse, child, or parent of a Casino Board member, |
17 | | employee of the Authority, or elected official or employee of |
18 | | the City may not, while the person is a Board member or |
19 | | employee of the spouse or within a period of 2 years |
20 | | immediately after termination of employment, knowingly accept |
21 | | employment or receive compensation or fees for services from a |
22 | | person or entity, or its parent or affiliate, that has engaged |
23 | | in business with the Authority that resulted in contracts with |
24 | | an aggregate value of at least $25,000 or if that Casino Board |
25 | | member, employee, or elected official or employee of the City |
26 | | has made a decision that directly applied to the person or |
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1 | | entity, or its parent or affiliate. |
2 | | (l) No Casino Board member, employee of the Authority, or |
3 | | elected official or employee of the City may attempt, in any |
4 | | way, to influence any person or entity doing business with the |
5 | | Authority or any officer, agent, or employee thereof to hire or |
6 | | contract with any person or entity for any compensated work. |
7 | | (m) No Casino Board member, employee of the Authority, or |
8 | | elected official or employee of the City shall use or attempt |
9 | | to use his or her official position to secure, or attempt to |
10 | | secure, any privilege, advantage, favor, or influence for |
11 | | himself or herself or others. No Casino Board member, employee |
12 | | of the Authority, or elected official or employee of the City |
13 | | shall, within one year immediately preceding appointment by the |
14 | | Mayor or employment, have been employed or received |
15 | | compensation or fees for services from a person or entity, or |
16 | | its parent or affiliate, that has engaged in business with the |
17 | | Casino Board, a licensee under this Act, or a licensee under |
18 | | the Illinois Gambling Act. |
19 | | (n) Any communication between an elected official of the |
20 | | City and any applicant for or party to a casino management |
21 | | contract with the Authority, or an officer, director, or |
22 | | employee thereof, concerning any matter relating in any way to |
23 | | gaming or the Authority shall be disclosed to the Casino Board |
24 | | and the Gaming Board. Such disclosure shall be in writing by |
25 | | the official within 30 days after the communication and shall |
26 | | be filed with the Casino Board and the Gaming Board. Disclosure |
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1 | | must consist of the date of the communication, the identity and |
2 | | job title of the person with whom the communication was made, a |
3 | | brief summary of the communication, the action requested or |
4 | | recommended, all responses made, the identity and job title of |
5 | | the person making the response, and any other pertinent |
6 | | information. In addition, if the communication is written or |
7 | | digital, then the entire communication shall be disclosed. |
8 | | Public disclosure of the written summary provided to the |
9 | | Casino Board and the Gaming Board shall be subject to the |
10 | | exemptions provided under Section 7 of the Freedom of |
11 | | Information Act. |
12 | | This subsection (n) shall not apply to communications |
13 | | regarding traffic, law enforcement, security, environmental |
14 | | issues, City services, transportation, or other routine |
15 | | matters concerning the ordinary operations of the casino. |
16 | | (o) For purposes of this Section: |
17 | | "Ordinary operations" means operations relating to the |
18 | | casino facility other than the conduct of gambling activities. |
19 | | "Routine matters" includes the application for, issuance, |
20 | | renewal, and other processes associated with City permits and |
21 | | licenses. |
22 | | "Employee of the City" means only those employees of the |
23 | | City who provide services to the Authority or otherwise |
24 | | influence the decisions of the Authority or the Casino Board. |
25 | | (p) Any Casino Board member or employee of the Authority |
26 | | who violates any provision of this Section is guilty of a Class |
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1 | | 4 felony.
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2 | | Section 1-45. Casino management contracts. |
3 | | (a) In accordance with all applicable procurement laws and |
4 | | rules, the Casino Board shall develop and administer a |
5 | | competitive sealed bidding process
for the
selection of a |
6 | | potential casino operator licensee to develop or operate a |
7 | | casino within the City.
The Casino Board shall issue one or |
8 | | more requests for proposals. The Casino Board may
establish |
9 | | minimum financial and investment requirements to determine the
|
10 | | eligibility of persons to respond to the Casino Board's |
11 | | requests for proposals, and may
establish and consider such |
12 | | other criteria as it deems appropriate. The Casino Board
may |
13 | | impose a reasonable fee upon persons who respond to requests |
14 | | for proposals, in order to
reimburse the Casino Board for its |
15 | | costs in preparing and issuing the requests and
reviewing the |
16 | | proposals. At least 30 days prior to the commencement of the |
17 | | competitive bidding process, the Gaming Board shall be given an |
18 | | opportunity to review the competitive bidding process |
19 | | established by the Casino Board. During the competitive bidding |
20 | | process, the Casino Board shall keep the Gaming Board apprised |
21 | | of the process and the responses received in connection with |
22 | | the Casino Board's requests for proposals.
|
23 | | (b) Within 5 business days after the time limit for |
24 | | submitting bids and proposals has passed, the Casino Board |
25 | | shall make all bids and proposals public, provided, however, |
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1 | | the Casino Board shall not be required to disclose any |
2 | | information which would be exempt from disclosure under Section |
3 | | 7 of the Freedom of Information Act. Thereafter, the Casino |
4 | | Board shall evaluate the responses to its requests for |
5 | | proposals and
the ability of all persons or entities responding |
6 | | to its requests for proposals
to meet the requirements of this |
7 | | Act and any relevant provisions of the Illinois Gambling Act |
8 | | and to undertake and perform the
obligations set forth in its |
9 | | requests for proposals.
|
10 | | (c) After reviewing proposals and selecting a successful |
11 | | bidder, the Casino Board shall enter into a casino management |
12 | | contract with the successful bidder authorizing the operation |
13 | | of a casino. The casino operator shall be subject to a |
14 | | background investigation and approval by the Gaming Board. The |
15 | | Gaming Board shall complete its background investigation and |
16 | | approval of the casino operator within 6 months after the date |
17 | | that the proposed casino operator submits its application to |
18 | | the Gaming Board. If the Gaming Board does not complete its |
19 | | background investigation and approval within the 6-month |
20 | | period, then the Gaming Board shall give a written explanation |
21 | | to the proposed casino operator and the chief legal officer of |
22 | | the Authority as to why it has not reached a final |
23 | | determination and when it reasonably expects to make a final |
24 | | determination. Validity of the casino management contract is |
25 | | contingent upon the issuance of a casino operator license to |
26 | | the successful bidder. If the Gaming Board grants a casino |
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1 | | operator license, the Casino Board shall transmit a copy of the |
2 | | executed casino management contract to the Gaming Board. |
3 | | (d) After (1) the Authority has been issued an owners |
4 | | license, (2) the Gaming Board has issued a casino operator |
5 | | license, and (3) the Gaming Board has approved the members of |
6 | | the Casino Board, the Authority may conduct gaming operations |
7 | | at a temporary facility, subject to the adopted rules of the |
8 | | Gaming Board, for no longer than 24 months after gaming |
9 | | operations begin. The Gaming Board may, after holding a public |
10 | | hearing, grant an extension so long as a permanent facility is |
11 | | not operational and the Authority is working in good faith to |
12 | | complete the permanent facility. The Gaming Board may grant |
13 | | additional extensions following further public hearings. Each |
14 | | extension may be for a period of no longer than 6 months. |
15 | | (e) Fifty percent of any initial consideration received by |
16 | | the Authority that was paid as an inducement pursuant to a bid |
17 | | for a casino management contract or an executed casino |
18 | | management contract must be transmitted to the State and |
19 | | deposited into the Gaming Facilities Fee Revenue Fund. The |
20 | | initial consideration shall not include (1) any amounts paid to |
21 | | the Authority as reimbursement for its costs in preparing or |
22 | | issuing the requests for proposals and reviewing the proposals |
23 | | or (2) any amounts loaned to the Authority or paid by an entity |
24 | | on behalf of the Authority for the design, construction, |
25 | | outfitting, or equipping of the casino, pre-opening expenses, |
26 | | bank roll or similar expenses required to open and operate the |
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1 | | casino, or any license or per position fees imposed pursuant to |
2 | | the Illinois Gambling Act or any other financial obligation of |
3 | | the Authority. |
4 | | Section 1-47. Freedom of Information Act. The Authority |
5 | | shall be a public body as defined in the Freedom of Information |
6 | | Act and shall be subject to the provisions of the Freedom of |
7 | | Information Act. |
8 | | Section 1-50. Transfer of funds. The revenues received by |
9 | | the Authority (other than amounts required to be paid pursuant |
10 | | to the Illinois Gambling Act and amounts required to pay the
|
11 | | operating expenses of the Authority, to pay amounts due the |
12 | | casino operator licensee pursuant to a casino management |
13 | | contract, to repay any borrowing of the Authority
made pursuant |
14 | | to Section 1-31, to pay debt service on any bonds issued under
|
15 | | Section
1-75, and to pay any expenses in connection with the |
16 | | issuance of such bonds
pursuant to Section 1-75 or derivative |
17 | | products pursuant to Section 1-85) shall
be transferred
to the
|
18 | | City by the Authority. Moneys transferred to the City pursuant |
19 | | to this Section shall be expended or obligated by the City for |
20 | | pension payments in accordance with Public Act 99-506. |
21 | | Section 1-60. Auditor General. |
22 | | (a) Prior to the issuance of bonds under this Act, the |
23 | | Authority shall submit to the Auditor General a certification |
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1 | | that: |
2 | | (1) it is legally authorized to issue bonds; |
3 | | (2) scheduled annual payments of principal and |
4 | | interest on the bonds to be issued meet the requirements of |
5 | | Section 1-75 of this Act; |
6 | | (3) no bond shall mature later than 30 years; and |
7 | | (4) after payment of costs of issuance and necessary |
8 | | deposits to funds and accounts established with respect to |
9 | | debt service on the bonds, the net bond proceeds (exclusive |
10 | | of any proceeds to be used to refund outstanding bonds) |
11 | | will be used only for the purposes set forth in this Act. |
12 | | The Authority also shall submit to the Auditor General its |
13 | | projections on revenues to be generated and pledged to |
14 | | repayment of the bonds as scheduled and such other information |
15 | | as the Auditor General may reasonably request. |
16 | | The Auditor General shall examine the certifications and |
17 | | information submitted and submit a report to the Authority and |
18 | | the Gaming Board indicating whether the required |
19 | | certifications, projections, and other information have been |
20 | | submitted by the Authority and whether the assumptions |
21 | | underlying the projections are not unreasonable in the |
22 | | aggregate. The Auditor General shall submit the report no later |
23 | | than 60 days after receiving the information required to be |
24 | | submitted by the Authority. |
25 | | The Auditor General shall submit a bill to the Authority |
26 | | for costs associated with the examinations and report required |
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1 | | under this Section. The Authority shall reimburse in a timely |
2 | | manner. |
3 | | (b) The Authority shall enter into an intergovernmental |
4 | | agreement with the Auditor General authorizing the Auditor |
5 | | General to, every 2 years, (i) review the financial audit of |
6 | | the Authority performed by the Authority's certified public |
7 | | accountants, (ii) perform a management audit of the Authority, |
8 | | and (iii) perform a management audit of the casino operator |
9 | | licensee. The Auditor General shall provide the Authority and |
10 | | the General Assembly with the audits and shall post on his or |
11 | | her Internet website such portions of the audit or other |
12 | | financial information as generally would be made publicly |
13 | | available for other owners licensees under the Illinois |
14 | | Gambling Act. The Auditor General shall submit a bill to the |
15 | | Authority for costs associated with the review and the audit |
16 | | required under this Section, which costs shall not exceed |
17 | | $100,000, and the Authority shall reimburse the Auditor General |
18 | | for such costs in a timely manner. |
19 | | Section 1-62. Advisory committee. An Advisory Committee is |
20 | | established to monitor, review, and report on (1) the |
21 | | Authority's utilization of minority-owned business enterprises |
22 | | and female-owned business enterprises, (2) employment of |
23 | | females, and (3) employment of minorities with regard to the |
24 | | development and construction of the casino as authorized under |
25 | | Section 7 of the Illinois Gambling Act. The Authority shall |
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1 | | work with the Advisory Committee in accumulating necessary |
2 | | information for the Committee to submit reports, as necessary, |
3 | | to the General Assembly and to the City.
|
4 | | The Committee shall consist of 9 members as provided in |
5 | | this Section. Five members shall be selected by the Governor |
6 | | and 4 members shall be selected by the Mayor. The Governor and |
7 | | Mayor shall each appoint at least one current member of the |
8 | | General Assembly. The Advisory Committee shall meet |
9 | | periodically and shall report the information to the Mayor of |
10 | | the City and to the General Assembly by December 31st of every |
11 | | year. |
12 | | The Advisory Committee shall be dissolved on the date that |
13 | | casino gambling operations are first conducted at a permanent |
14 | | facility under the license authorized under Section 7 of the |
15 | | Illinois Gambling Act. For the purposes of this Section, the |
16 | | terms "female" and "minority person" have the meanings provided |
17 | | in Section 2 of the Business Enterprise for Minorities, |
18 | | Females, and Persons with Disabilities Act. |
19 | | Section 1-65. Acquisition of property; eminent domain |
20 | | proceedings. For the lawful purposes of this Act, the City may |
21 | | acquire, by eminent
domain or by condemnation proceedings in |
22 | | the manner provided by the Eminent Domain Act, real or personal |
23 | | property or interests in real
or personal property located in |
24 | | the City, and the City may convey to the Authority
property so |
25 | | acquired. The acquisition of property under this Section is
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1 | | declared to be for a public use.
|
2 | | Section 1-70. Local regulation. In addition to this Act, |
3 | | the Illinois Gambling Act, and all of the rules of the Gaming |
4 | | Board, the casino facilities and operations therein
shall be |
5 | | subject to all ordinances and regulations of the City. The
|
6 | | construction, development, and operation of the casino shall |
7 | | comply with all
ordinances, regulations, rules, and controls of |
8 | | the City, including, but not
limited to, those relating to |
9 | | zoning and planned development, building, fire
prevention, and |
10 | | land use. However, the regulation of gaming operations is
|
11 | | subject to the exclusive jurisdiction of the Gaming Board. The |
12 | | Gaming Board shall be responsible for the investigation for and |
13 | | issuance of all licenses required by this Act and the Illinois |
14 | | Gambling Act. |
15 | | Section 1-75. Borrowing. |
16 | | (a) The Authority may borrow money and
issue bonds as |
17 | | provided in this Section. Bonds of the Authority may be issued
|
18 | | to provide funds for land acquisition, site assembly and |
19 | | preparation, and the design and construction of the casino, as |
20 | | defined in the Illinois Gambling Act, all ancillary and related |
21 | | facilities comprising the casino complex, and all on-site and |
22 | | off-site infrastructure improvements required in connection |
23 | | with the development of the casino; to refund (at the time or |
24 | | in advance of any maturity or
redemption) or redeem any bonds |
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1 | | of the Authority; to provide or increase a
debt
service reserve |
2 | | fund or other reserves with respect to any or all of its bonds;
|
3 | | or to pay the legal, financial, administrative, bond
insurance, |
4 | | credit enhancement, and other legal expenses of the |
5 | | authorization,
issuance, or delivery of bonds. In this Act, the |
6 | | term "bonds" also includes
notes of any kind, interim |
7 | | certificates, refunding bonds, or any other evidence
of |
8 | | obligation for borrowed money issued under this Section. Bonds |
9 | | may be
issued in one or more series and may be payable and |
10 | | secured either on a parity
with or separately from other bonds.
|
11 | | (b) The bonds of the Authority shall be payable from one or |
12 | | more of
the following sources: (i) the property or revenues of |
13 | | the Authority; (ii)
revenues derived from the casino; (iii) |
14 | | revenues derived from any casino
operator licensee; (iv) fees, |
15 | | bid proceeds, charges, lease payments, payments required |
16 | | pursuant to any
casino management contract or other revenues |
17 | | payable to the
Authority, or any
receipts of the Authority; (v) |
18 | | payments by financial institutions, insurance
companies, or |
19 | | others pursuant to letters or lines of credit, policies of
|
20 | | insurance, or purchase agreements; (vi) investment earnings |
21 | | from funds or
accounts maintained pursuant to a bond resolution |
22 | | or trust indenture; (vii)
proceeds of refunding bonds; (viii) |
23 | | any other revenues derived from or payments by the City; and |
24 | | (ix) any payments by any casino operator licensee or others |
25 | | pursuant to any guaranty agreement.
|
26 | | (c) Bonds shall be authorized by a resolution of the |
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1 | | Authority and may be
secured by a trust indenture by and |
2 | | between the Authority and a corporate
trustee or trustees, |
3 | | which may be any trust company or bank having the powers
of a |
4 | | trust company within or without the State. Bonds shall meet the |
5 | | following requirements:
|
6 | | (1) Bonds may bear interest payable at any time or |
7 | | times and at any rate or rates, notwithstanding any other |
8 | | provision of law to the contrary, and may be subject to |
9 | | such other terms and conditions as may be provided by the |
10 | | resolution or indenture authorizing the issuance of such |
11 | | bonds.
|
12 | | (2) Bonds issued pursuant to this Section may be |
13 | | payable on such dates and times as may be provided for by |
14 | | the resolution or indenture authorizing the issuance of |
15 | | such bonds; provided, however, that such bonds shall mature |
16 | | no later than 30 years from the date of issuance. |
17 | | (3) Bonds issued pursuant to this Section may be sold |
18 | | pursuant to notice of sale and public bid or by negotiated |
19 | | sale.
|
20 | | (4) Bonds shall be payable at a time or times, in the |
21 | | denominations and form,
including book entry form, either |
22 | | coupon, registered, or both, and carry the
registration and |
23 | | privileges as to exchange, transfer or conversion, and
|
24 | | replacement of mutilated, lost, or destroyed bonds as the |
25 | | resolution or trust
indenture may provide.
|
26 | | (5) Bonds shall be payable in lawful money of the |
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1 | | United States at a designated
place.
|
2 | | (6) Bonds shall be subject to the terms of purchase, |
3 | | payment, redemption, refunding,
or refinancing that the |
4 | | resolution or trust indenture provides.
|
5 | | (7) Bonds shall be executed by the manual or facsimile |
6 | | signatures of the officers
of the Authority designated by |
7 | | the Board, which signatures shall be valid at
delivery even
|
8 | | for one who has ceased to hold office.
|
9 | | (8) Bonds shall be sold at public or private sale in |
10 | | the manner and upon the terms
determined by the Authority.
|
11 | | (9) Bonds shall be issued in accordance with the |
12 | | provisions of the Local
Government Debt Reform Act.
|
13 | | (d) The Authority shall adopt a procurement program with |
14 | | respect to contracts relating to underwriters, bond counsel, |
15 | | financial advisors, and accountants. The program shall include |
16 | | goals for the payment of not less than 30% of the total dollar |
17 | | value of the fees from these contracts to minority-owned |
18 | | businesses and female-owned businesses as defined in the |
19 | | Business Enterprise for Minorities, Females, and Persons with |
20 | | Disabilities Act. The Authority shall conduct outreach to |
21 | | minority-owned businesses and female-owned businesses. |
22 | | Outreach shall include, but is not limited to, advertisements |
23 | | in periodicals and newspapers, mailings, and other appropriate |
24 | | media. The Authority shall submit to the General Assembly a |
25 | | comprehensive report that shall include, at a minimum, the |
26 | | details of the procurement plan, outreach efforts, and the |
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1 | | results of the efforts to achieve goals for the payment of |
2 | | fees. |
3 | | (e) Subject to the Illinois Gambling Act and rules of the |
4 | | Gaming Board regarding pledging
of interests in holders of |
5 | | owners licenses, any resolution or trust indenture may contain |
6 | | provisions that may be a part of
the contract with the holders |
7 | | of the bonds as to the following:
|
8 | | (1) Pledging, assigning, or directing the use, |
9 | | investment, or disposition
of revenues of the Authority or |
10 | | proceeds or benefits of any contract, including
without |
11 | | limitation any rights in any casino management
contract.
|
12 | | (2) The setting aside of loan funding deposits, debt |
13 | | service reserves, replacement or operating reserves, cost |
14 | | of
issuance accounts and sinking funds, and the regulation, |
15 | | investment, and
disposition thereof.
|
16 | | (3) Limitations on the purposes to which or the |
17 | | investments in which the
proceeds of sale of any issue of |
18 | | bonds or the Authority's revenues and
receipts may be |
19 | | applied or made.
|
20 | | (4) Limitations on the issue of additional bonds, the |
21 | | terms upon which
additional bonds may be issued and |
22 | | secured, the terms upon which additional
bonds may rank on |
23 | | a parity with, or be subordinate or superior to, other |
24 | | bonds.
|
25 | | (5) The refunding, advance refunding, or refinancing |
26 | | of outstanding bonds.
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1 | | (6) The procedure, if any, by which the terms of any |
2 | | contract with
bondholders may be altered or amended and the |
3 | | amount of bonds and holders of
which must consent thereto |
4 | | and the manner in which consent shall be given.
|
5 | | (7) Defining the acts or omissions that shall |
6 | | constitute a default in the
duties of the Authority to |
7 | | holders of bonds and providing the rights or
remedies of |
8 | | such holders in the event of a default, which may include
|
9 | | provisions
restricting individual rights of action by |
10 | | bondholders.
|
11 | | (8) Providing for guarantees, pledges of property, |
12 | | letters of credit, or
other security,
or insurance for the |
13 | | benefit of bondholders.
|
14 | | (f) No member of the Casino Board, nor any person executing |
15 | | the bonds, shall be
liable personally on the bonds or subject |
16 | | to any personal liability by reason
of the issuance of the |
17 | | bonds.
|
18 | | (g) The Authority may issue and secure bonds in accordance |
19 | | with the
provisions of the Local Government Credit Enhancement |
20 | | Act.
|
21 | | (h) A pledge by the Authority of revenues and receipts as |
22 | | security for an
issue of bonds or for the performance of its |
23 | | obligations under any casino
management contract shall
be valid |
24 | | and binding from the time when the pledge is made. The revenues |
25 | | and
receipts pledged shall immediately be subject to the lien |
26 | | of the pledge without
any physical delivery or further act,
and |
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1 | | the lien of any pledge shall be valid and binding against any |
2 | | person having
any claim of any kind in tort, contract, or |
3 | | otherwise against the Authority,
irrespective of whether the |
4 | | person has notice. No resolution, trust indenture,
management |
5 | | agreement or financing statement, continuation statement, or |
6 | | other
instrument adopted or entered into by the Authority need |
7 | | be filed or recorded
in any public record other than the |
8 | | records of the Authority in order to
perfect the lien against |
9 | | third persons, regardless of any contrary provision of
law.
|
10 | | (i) Bonds that are being paid or retired by issuance, sale, |
11 | | or delivery of
bonds, and bonds for which sufficient funds have |
12 | | been deposited with the paying
agent or trustee to provide for |
13 | | payment of principal and interest thereon, and
any redemption |
14 | | premium, as provided in the authorizing resolution, shall not |
15 | | be
considered outstanding for the purposes of this subsection.
|
16 | | (j) The bonds of the Authority shall not be indebtedness of |
17 | | the
State.
The bonds of the Authority are not general |
18 | | obligations of the State and are not secured by a pledge of the |
19 | | full faith and
credit of the State and the holders of bonds of |
20 | | the Authority may
not require the application of State revenues |
21 | | or
funds to the payment of bonds of the Authority. The |
22 | | foregoing non-recourse language must be printed in bold-face |
23 | | type on the face of the bonds and in the preliminary and final |
24 | | official statements on the bonds.
|
25 | | (k) The State of
Illinois pledges and agrees with the |
26 | | owners of the bonds that it will not limit
or alter the rights |
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1 | | and powers vested in the Authority by this Act so as to
impair |
2 | | the terms of any contract made by the Authority with the owners |
3 | | or in
any way impair the rights and remedies of the owners |
4 | | until the bonds, together
with interest on them, and all costs |
5 | | and expenses in connection with any action
or proceedings by or |
6 | | on behalf of the owners, are fully met and discharged.
The |
7 | | Authority is authorized to include this pledge and
agreement in |
8 | | any contract with the owners of bonds issued under this |
9 | | Section.
|
10 | | (l) No person holding an elective office in the City, in |
11 | | Cook County, or in this State, holding a seat in the General |
12 | | Assembly, or serving as a board member, trustee, officer, or |
13 | | employee of the Authority, including the spouse of that person, |
14 | | may receive a legal, banking, consulting, or other fee related |
15 | | to the issuance of bonds. This prohibition shall also apply to |
16 | | a company or firm that employs a person holding an elective |
17 | | office in the City, in Cook County, or in this State, holding a |
18 | | seat in the General Assembly, or serving as a board member, |
19 | | trustee, officer, or employee of the Authority, including the |
20 | | spouse of that person, if the person or his or her spouse has |
21 | | greater than 7.5% ownership of the company or firm. |
22 | | Section 1-85. Derivative products. With respect to all or |
23 | | part of any issue
of its bonds, the Authority may enter into |
24 | | agreements or contracts with any
necessary or appropriate |
25 | | person, which will have the benefit of providing to
the
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1 | | Authority an interest rate basis, cash flow basis, or other |
2 | | basis different
from that provided in the bonds for the payment |
3 | | of interest. Such agreements
or contracts may include, without |
4 | | limitation, agreements or contracts commonly
known as |
5 | | "interest rate swap agreements", "forward payment conversion
|
6 | | agreements", "futures", "options", "puts", or "calls" and |
7 | | agreements or
contracts providing for payments based on levels |
8 | | of or changes in interest
rates, agreements or contracts to |
9 | | exchange cash flows or a series of payments,
or to hedge |
10 | | payment, rate spread, or similar exposure. Any such agreement |
11 | | or contract shall be solely an obligation or indebtedness of |
12 | | the Authority and shall not be an obligation or indebtedness of |
13 | | the State, nor shall any party thereto have any recourse |
14 | | against the State in connection with the agreement or contract. |
15 | | Section 1-90. Legality for investment. The State of |
16 | | Illinois, all
governmental entities, all public officers, |
17 | | banks, bankers, trust companies,
savings banks and |
18 | | institutions, building and loan associations, savings and
loan |
19 | | associations, investment companies, and other persons carrying |
20 | | on a
banking
business, insurance companies, insurance |
21 | | associations, and other persons
carrying on an insurance |
22 | | business, and all executors, administrators,
guardians, |
23 | | trustees, and other fiduciaries may legally invest any sinking
|
24 | | funds,
moneys, or other funds belonging to them or within their |
25 | | control in
any bonds issued under this Act. However, nothing in |
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1 | | this Section shall be
construed as relieving any person or |
2 | | entity from any duty of
exercising reasonable care in selecting |
3 | | securities for purchase or investment. |
4 | | Section 1-105. Budgets and reporting.
|
5 | | (a) The Casino Board shall annually adopt a budget for each
|
6 | | fiscal year. The budget may be modified from time to time in |
7 | | the same manner
and upon the same vote as it may be adopted. |
8 | | The budget shall include the
Authority's available funds and |
9 | | estimated revenues and shall provide for
payment of its |
10 | | obligations and estimated expenditures for the fiscal year,
|
11 | | including, without limitation, expenditures for |
12 | | administration, operation,
maintenance and repairs, debt |
13 | | service, and deposits into reserve and other
funds
and capital |
14 | | projects.
|
15 | | (b) The Casino Board shall annually cause the finances of |
16 | | the Authority to be
audited by a firm of certified public |
17 | | accountants selected by the Casino Board in accordance with the |
18 | | rules of the Gaming Board and post on the Authority's Internet |
19 | | website such financial information as is required to be posted |
20 | | by all other owners licensees under the Illinois Gambling Act.
|
21 | | (c) The Casino Board shall, for each fiscal year, prepare |
22 | | an annual report
setting forth information concerning its |
23 | | activities in the fiscal year and the
status of the development |
24 | | of the casino. The annual report shall include financial |
25 | | information of the Authority consistent with that which is |
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1 | | required for all other owners licensees under the Illinois |
2 | | Gambling Act, the budget
for the succeeding fiscal year, and |
3 | | the current capital plan as of the date of
the report. Copies |
4 | | of the annual report shall be made available to persons who
|
5 | | request them and shall be submitted not later than 120 days |
6 | | after the end of
the Authority's fiscal year or, if the audit |
7 | | of the Authority's financial statements is not completed within |
8 | | 120 days after the end of the Authority's fiscal year, as soon |
9 | | as practical after completion of the audit, to the Governor, |
10 | | the Mayor, the General Assembly, and the Commission on |
11 | | Government Forecasting and Accountability.
|
12 | | Section 1-110. Deposit and withdrawal of funds. |
13 | | (a) All funds deposited by the Authority in any bank or |
14 | | savings and loan
association shall be placed in the name of the |
15 | | Authority and shall be withdrawn
or paid out only by check or |
16 | | draft upon the bank or savings and loan
association, signed by |
17 | | 2 officers or employees designated by the Casino Board.
|
18 | | Notwithstanding any other provision of this Section, the Casino |
19 | | Board may designate
any of its members or any officer or |
20 | | employee of the Authority to authorize the
wire transfer of |
21 | | funds deposited by the secretary-treasurer of funds in a bank
|
22 | | or savings and loan association for the payment of payroll and |
23 | | employee
benefits-related expenses.
|
24 | | No bank or savings and loan association shall receive |
25 | | public funds as
permitted by this Section unless it has |
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1 | | complied with the requirements
established pursuant to Section |
2 | | 6 of the Public
Funds Investment Act.
|
3 | | (b) If any officer or employee whose signature appears upon |
4 | | any check
or draft issued pursuant to this Act ceases (after |
5 | | attaching his signature) to
hold his or her office before the |
6 | | delivery of such a check or draft to the
payee, his or her |
7 | | signature shall nevertheless be valid and sufficient for all
|
8 | | purposes with the same effect as if he or she had remained in |
9 | | office until
delivery thereof.
|
10 | | Section 1-112. Contracts with the Authority or casino |
11 | | operator licensee; disclosure requirements. |
12 | | (a) A bidder, respondent, offeror, or contractor for |
13 | | contracts with the Authority or casino operator licensee shall |
14 | | disclose the identity of all officers and directors and every |
15 | | owner, beneficiary, or person with beneficial interest of more |
16 | | than 1% or shareholder entitled to receive more than 1% of the |
17 | | total distributable income of any corporation having any |
18 | | interest in the contract or in the bidder, respondent, offeror, |
19 | | or contractor. The disclosure shall be in writing and attested |
20 | | to by an owner, trustee, corporate official, or agent. If stock |
21 | | in a corporation is publicly traded and there is no readily |
22 | | known individual having greater than a 1% interest, then a |
23 | | statement to that effect attested to by an officer or agent of |
24 | | the corporation shall fulfill the disclosure statement |
25 | | requirement of this Section. A bidder, respondent, offeror, or |
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1 | | contractor shall notify the Authority of any changes in |
2 | | officers, directors, ownership, or individuals having a |
3 | | beneficial interest of more than 1%. Notwithstanding the |
4 | | provisions of this subsection (a), the Gaming Board may adopt |
5 | | rules in connection with contractors for contracts with the |
6 | | Authority or the casino operator licensee. |
7 | | (b) A bidder, respondent, offeror, or contractor for |
8 | | contracts with an annual value of $25,000 or more or for a |
9 | | period to exceed one year shall disclose all political |
10 | | contributions of the bidder, respondent, offeror, or |
11 | | contractor and any affiliated person or entity. Disclosure |
12 | | shall include at least the names and addresses of the |
13 | | contributors and the dollar amounts of any contributions to any |
14 | | political committee made within the previous 2 years. The |
15 | | disclosure must be submitted to the Gaming Board with a copy of |
16 | | the contract. All such disclosures shall be posted on the |
17 | | websites of the Authority and the Gaming Board. |
18 | | (c) As used in this Section: |
19 | | "Contribution" means contribution as defined in Section |
20 | | 9-1.4 of the Election Code. |
21 | | "Affiliated person" means (i) any person with any ownership |
22 | | interest or distributive share of the bidding, responding, or |
23 | | contracting entity in excess of 1%, (ii) executive employees of |
24 | | the bidding, responding, or contracting entity, and (iii) the |
25 | | spouse, minor children, and parents of any such persons. |
26 | | "Affiliated entity" means (i) any parent or subsidiary of |
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1 | | the bidding or contracting entity, (ii) any member of the same |
2 | | unitary business group, or (iii) any political committee for |
3 | | which the bidding, responding, or contracting entity is the |
4 | | sponsoring entity. |
5 | | (d) The Gaming Board may direct the Authority or a casino |
6 | | operator licensee to void a contract if a violation of this |
7 | | Section occurs. The Authority may direct a casino operator |
8 | | licensee to void a contract if a violation of this Section |
9 | | occurs. |
10 | | (e) All contracts pertaining to the actual operation of the |
11 | | casino and related gaming activities shall be entered into by |
12 | | the casino operator licensee and not the Authority and shall be |
13 | | subject to the regulation, oversight, and approval of the |
14 | | Gaming Board, applying the same regulation, oversight, and |
15 | | approval requirements as would be applied to any other owners |
16 | | licensee under the Illinois Gambling Act. |
17 | | Section 1-115. Purchasing. |
18 | | (a) The Casino Board shall designate an officer of the |
19 | | Authority to serve as the Chief Procurement Officer for the |
20 | | Authority. The Chief Procurement Officer shall have all powers |
21 | | and duties set forth in Section 15 of Division 10 of Article 8 |
22 | | of the Illinois Municipal Code. Except as otherwise provided in |
23 | | this Section, the Chief Procurement Officer of the Authority |
24 | | shall conduct procurements on behalf of the Authority subject |
25 | | to Title 2, Chapter 92 of the Municipal Code of Chicago, which |
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1 | | by its terms incorporates Division 10 of Article 8 of the |
2 | | Illinois Municipal Code. |
3 | | (b) All contracts for amounts greater than $25,000 must be |
4 | | approved by the Casino Board and executed by the chairperson of |
5 | | the Casino Board and executive director of the Authority. |
6 | | Contracts for amounts of $25,000 or less may be approved and |
7 | | executed by the Chief Procurement Officer for the Authority and |
8 | | executive director of the Authority, with approval by the chief |
9 | | legal counsel for the Authority as to form and legality. |
10 | | (c) All construction contracts and contracts for supplies, |
11 | | materials,
equipment, and services for amounts greater than |
12 | | $25,000 shall be let by a competitive selection process to
the |
13 | | lowest responsible proposer, after advertising for proposals, |
14 | | except for the
following:
|
15 | | (1) when repair parts, accessories, equipment, or |
16 | | services are required
for
equipment or services previously |
17 | | furnished or contracted for;
|
18 | | (2) when services such as water, light, heat, power, |
19 | | telephone (other than
long-distance service), or telegraph |
20 | | are required;
|
21 | | (3) casino management contracts, which shall be |
22 | | awarded as
set forth in Section 1-45 of this Act;
|
23 | | (4) contracts where there is only one economically |
24 | | feasible source; |
25 | | (5) when a purchase is needed on an immediate, |
26 | | emergency basis because there exists a threat to public |
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1 | | health or public safety, or when immediate expenditure is |
2 | | necessary for repairs to Authority property in order to |
3 | | protect against further loss of or damage to Authority |
4 | | property, to prevent or minimize serious disruption in |
5 | | Authority services or to ensure the integrity of Authority |
6 | | records; |
7 | | (6) contracts for professional services other than for |
8 | | management of the casino, except such contracts described |
9 | | in subsection (d) of this Section; and |
10 | | (7) contracts for the use, purchase, delivery, |
11 | | movement, or installation of (i) data processing |
12 | | equipment, software, and services and (ii) |
13 | | telecommunications equipment, software, and services.
|
14 | | (d) Contracts for professional services for a term of more |
15 | | than one year or contracts that may require payment in excess |
16 | | of $25,000 in one year shall be let by a competitive bidding |
17 | | process to the most highly qualified firm that agrees to |
18 | | compensation and other terms of engagement that are both |
19 | | reasonable and acceptable to the Casino Board. |
20 | | (e) All contracts involving less than $25,000 shall be let |
21 | | by competitive
selection process whenever possible, and in any |
22 | | event in a manner calculated to ensure
the best interests of |
23 | | the public.
|
24 | | (f) In determining the responsibility of any proposer, the |
25 | | Authority may take
into account the proposer's (or an |
26 | | individual having a beneficial interest,
directly or |
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1 | | indirectly, of more than 1% in such proposing entity) past |
2 | | record of
dealings with the Authority, the proposer's |
3 | | experience, adequacy of equipment,
and ability to complete |
4 | | performance within the time set, and other factors
besides |
5 | | financial responsibility. No such contract shall be awarded to |
6 | | any proposer other than the lowest proposer (in case of |
7 | | purchase or
expenditure) unless authorized or approved by a |
8 | | vote of at least 3 members of
the Casino Board and such action |
9 | | is accompanied by a written statement setting forth the reasons |
10 | | for not awarding the contract to the highest or
lowest |
11 | | proposer, as the case
may be. The statement shall be kept on |
12 | | file in the principal office of the
Authority and open to |
13 | | public inspection.
|
14 | | (g) The Authority shall have the right to reject all |
15 | | proposals and to
re-advertise for proposals. If after
any such |
16 | | re-advertisement, no responsible and satisfactory proposals, |
17 | | within the
terms of the re-advertisement, is received, the |
18 | | Authority may award such
contract without competitive |
19 | | selection. The contract must not be less
advantageous to the |
20 | | Authority than any valid proposal received pursuant to
|
21 | | advertisement.
|
22 | | (h) Advertisements for proposals and re-proposals shall be |
23 | | published at least once in
a daily newspaper of general |
24 | | circulation published in the City
at least 10 calendar days |
25 | | before the time for
receiving proposals and in an online |
26 | | bulletin published on the Authority's website. Such
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1 | | advertisements shall state the time and
place for receiving and |
2 | | opening of proposals and, by reference to plans and
|
3 | | specifications on file at the time of the first publication or |
4 | | in the
advertisement itself, shall describe the character of |
5 | | the proposed contract in
sufficient detail to fully advise |
6 | | prospective proposers of their obligations and
to ensure free |
7 | | and open competitive selection.
|
8 | | (i) All proposals in response to advertisements shall be |
9 | | sealed and shall be
publicly opened by the Authority. All |
10 | | proposers shall be entitled to be present
in person or by |
11 | | representatives. Cash or a certified or satisfactory cashier's
|
12 | | check, as a deposit of good faith, in a reasonable amount to be |
13 | | fixed by the
Authority before advertising for proposals, shall |
14 | | be required with the proposal. A bond for faithful performance |
15 | | of the contract with surety or
sureties satisfactory to the
|
16 | | Authority and adequate insurance may be required in reasonable |
17 | | amounts to be
fixed by the Authority before advertising for |
18 | | proposals.
|
19 | | (j) The contract shall be awarded as promptly as possible |
20 | | after the opening
of proposals. The proposal of the successful |
21 | | proposer, as well as the bids of the
unsuccessful proposers, |
22 | | shall be placed on file and be open to public inspection |
23 | | subject to the exemptions from disclosure provided under |
24 | | Section 7 of the Freedom of Information Act.
All proposals |
25 | | shall be void if any disclosure of the terms of any proposals |
26 | | in response
to an advertisement is made or permitted to be made |
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1 | | by the Authority before the
time fixed for opening proposals.
|
2 | | (k) Notice of each and every contract that is
offered, |
3 | | including renegotiated contracts and change orders,
shall be |
4 | | published in an online bulletin. The online bulletin must |
5 | | include at least the date first offered,
the date submission of |
6 | | offers is due, the location that offers are to be
submitted to, |
7 | | a brief purchase description, the method of source selection,
|
8 | | information of how to obtain a comprehensive purchase |
9 | | description and any
disclosure and contract forms, and |
10 | | encouragement to prospective vendors to hire qualified |
11 | | veterans, as defined by Section 45-67 of the Illinois |
12 | | Procurement Code, and Illinois residents discharged from any |
13 | | Illinois adult correctional center subject to Gaming Board |
14 | | licensing and eligibility rules. Notice of each and every |
15 | | contract that is let
or awarded, including renegotiated |
16 | | contracts and change orders, shall be
published in the online |
17 | | bulletin and
must include at least all of the
information |
18 | | specified in this subsection (k), as well as the name of the |
19 | | successful
responsible proposer or offeror, the contract |
20 | | price, and the number of unsuccessful
responsive proposers and |
21 | | any other disclosure specified in this Section. This notice |
22 | | must be posted in the online electronic bulletin prior to |
23 | | execution of the contract.
|
24 | | Section 1-130. Affirmative action and equal opportunity |
25 | | obligations of
Authority. |
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1 | | (a) The Authority is subject to the requirements of Article |
2 | | IV of Chapter 2-92 (Sections 2-92-650 through 2-92-720 |
3 | | inclusive) of the Chicago Municipal Code, as now or hereafter |
4 | | amended, renumbered, or succeeded, concerning a Minority-Owned |
5 | | and Women-Owned Business Enterprise Procurement Program for |
6 | | construction contracts, and Section 2-92-420 et seq. of the |
7 | | Chicago Municipal Code, as now or hereafter amended, |
8 | | renumbered, or succeeded, concerning a Minority-Owned and |
9 | | Women-Owned Business Enterprise Procurement Program.
|
10 | | (b) The Authority is authorized to enter into agreements |
11 | | with contractors'
associations, labor unions, and the |
12 | | contractors working on the development of
the casino to |
13 | | establish an apprenticeship preparedness training program to
|
14 | | provide for an increase in the number of minority and female |
15 | | journeymen and
apprentices in the building trades and to enter |
16 | | into agreements with
community college districts or other |
17 | | public or private institutions to provide
readiness training. |
18 | | The Authority is further authorized to enter into
contracts |
19 | | with public and private educational institutions and persons in |
20 | | the
gaming, entertainment, hospitality, and tourism industries |
21 | | to provide training
for employment in those industries.
|
22 | | Section 1-135. Transfer of interest. Neither the Authority |
23 | | nor the City may sell, lease, rent, transfer, exchange, or |
24 | | otherwise convey any interest that they have in the casino |
25 | | without prior approval of the General Assembly. |
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1 | | Section 1-140. Home rule. The regulation and licensing of |
2 | | casinos and casino gaming, casino gaming facilities, and casino |
3 | | operator licensees under this Act are exclusive powers and |
4 | | functions of the State. A home rule unit may not regulate or |
5 | | license casinos, casino gaming, casino gaming facilities, or |
6 | | casino operator licensees under this Act, except as provided |
7 | | under this Act. This Section is a denial and limitation of home |
8 | | rule powers and functions under subsection (h) of Section 6 of |
9 | | Article VII of the Illinois Constitution.
|
10 | | ARTICLE 90. |
11 | | Section 90-1. Findings. The General Assembly makes all of |
12 | | the following findings: |
13 | | (1) That the cumulative reduction to pre-K through 12 |
14 | | education funding since 2009 is approximately |
15 | | $861,000,000. |
16 | | (2) That general state aid to Illinois common schools |
17 | | has been underfunded as a result of budget cuts, resulting |
18 | | in pro-rated payments to school districts that are less |
19 | | than the foundational level of $6,119 per pupil, which |
20 | | represents the minimum each pupil needs to be educated. |
21 | | (3) That a significant infusion of new revenue is |
22 | | necessary in order to fully fund the foundation level and |
23 | | to maintain and support education in Illinois. |
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1 | | (4) That the decline of the Illinois horse racing and |
2 | | breeding program, a $2.5 billion industry, would be |
3 | | reversed if this amendatory Act of the 100th General |
4 | | Assembly would be enacted. |
5 | | (5) That the Illinois horse racing industry is on the |
6 | | verge of extinction due to fierce competition from fully |
7 | | developed horse racing and gaming operations in other |
8 | | states. |
9 | | (6) That allowing the State's horse racing venues, |
10 | | currently licensed gaming destinations, to maximize their |
11 | | capacities with gaming machines, would generate up to $120 |
12 | | million to $200 million for the State in the form of extra |
13 | | licensing fees, plus an additional $100 million to $300 |
14 | | million in recurring annual tax revenue for the State to |
15 | | help ensure that school, road, and other building projects |
16 | | promised under the capital plan occur on schedule. |
17 | | (7) That Illinois agriculture and other businesses |
18 | | that support and supply the horse racing industry, already |
19 | | a sector that employs over 37,000 Illinoisans, also stand |
20 | | to substantially benefit and would be much more likely to |
21 | | create additional jobs should Illinois horse racing once |
22 | | again become competitive with other states. |
23 | | (8) That by keeping these projects on track, the State |
24 | | can be sure that significant job and economic growth will |
25 | | in fact result from the previously enacted legislation. |
26 | | (9) That gaming machines at Illinois horse racing |
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1 | | tracks would create an estimated 1,200 to 1,500 permanent |
2 | | jobs, and an estimated capital investment of up to $200 |
3 | | million to $400 million at these race tracks would prompt |
4 | | additional trade organization jobs necessary to construct |
5 | | new facilities or remodel race tracks to operate electronic |
6 | | gaming. |
7 | | Section 90-3. The State Officials and Employees Ethics Act |
8 | | is amended by changing Sections 5-45 and 20-10 as follows: |
9 | | (5 ILCS 430/5-45)
|
10 | | Sec. 5-45. Procurement; revolving door prohibition.
|
11 | | (a) No former officer, member, or State employee, or spouse |
12 | | or
immediate family member living with such person, shall, |
13 | | within a period of one
year immediately after termination of |
14 | | State employment, knowingly accept
employment or receive |
15 | | compensation or fees for services from a person or entity
if |
16 | | the officer, member, or State employee, during the year |
17 | | immediately
preceding termination of State employment, |
18 | | participated personally and
substantially in the award of State |
19 | | contracts, or the issuance of State contract change orders, |
20 | | with a cumulative value
of $25,000
or more to the person or |
21 | | entity, or its parent or subsidiary.
|
22 | | (b) No former officer of the executive branch or State |
23 | | employee of the
executive branch with regulatory or
licensing |
24 | | authority, or spouse or immediate family member living with |
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1 | | such
person, shall, within a period of one year immediately |
2 | | after termination of
State employment, knowingly accept |
3 | | employment or receive compensation or fees
for services from a |
4 | | person or entity if the officer
or State
employee, during the |
5 | | year immediately preceding
termination of State employment, |
6 | | participated personally and substantially in making a |
7 | | regulatory or licensing decision that
directly applied to the |
8 | | person or entity, or its parent or subsidiary.
|
9 | | (c) Within 6 months after the effective date of this |
10 | | amendatory Act of the 96th General Assembly, each executive |
11 | | branch constitutional officer and legislative leader, the |
12 | | Auditor General, and the Joint Committee on Legislative Support |
13 | | Services shall adopt a policy delineating which State positions |
14 | | under his or her jurisdiction and control, by the nature of |
15 | | their duties, may have the authority to participate personally |
16 | | and substantially in the award of State contracts or in |
17 | | regulatory or licensing decisions. The Governor shall adopt |
18 | | such a policy for all State employees of the executive branch |
19 | | not under the jurisdiction and control of any other executive |
20 | | branch constitutional officer.
|
21 | | The policies required under subsection (c) of this Section |
22 | | shall be filed with the appropriate ethics commission |
23 | | established under this Act or, for the Auditor General, with |
24 | | the Office of the Auditor General. |
25 | | (d) Each Inspector General shall have the authority to |
26 | | determine that additional State positions under his or her |
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1 | | jurisdiction, not otherwise subject to the policies required by |
2 | | subsection (c) of this Section, are nonetheless subject to the |
3 | | notification requirement of subsection (f) below due to their |
4 | | involvement in the award of State contracts or in regulatory or |
5 | | licensing decisions. |
6 | | (e) The Joint Committee on Legislative Support Services, |
7 | | the Auditor General, and each of the executive branch |
8 | | constitutional officers and legislative leaders subject to |
9 | | subsection (c) of this Section shall provide written |
10 | | notification to all employees in positions subject to the |
11 | | policies required by subsection (c) or a determination made |
12 | | under subsection (d): (1) upon hiring, promotion, or transfer |
13 | | into the relevant position; and (2) at the time the employee's |
14 | | duties are changed in such a way as to qualify that employee. |
15 | | An employee receiving notification must certify in writing that |
16 | | the person was advised of the prohibition and the requirement |
17 | | to notify the appropriate Inspector General in subsection (f). |
18 | | (f) Any State employee in a position subject to the |
19 | | policies required by subsection (c) or to a determination under |
20 | | subsection (d), but who does not fall within the prohibition of |
21 | | subsection (h) below, who is offered non-State employment |
22 | | during State employment or within a period of one year |
23 | | immediately after termination of State employment shall, prior |
24 | | to accepting such non-State employment, notify the appropriate |
25 | | Inspector General. Within 10 calendar days after receiving |
26 | | notification from an employee in a position subject to the |
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1 | | policies required by subsection (c), such Inspector General |
2 | | shall make a determination as to whether the State employee is |
3 | | restricted from accepting such employment by subsection (a) or |
4 | | (b). In making a determination, in addition to any other |
5 | | relevant information, an Inspector General shall assess the |
6 | | effect of the prospective employment or relationship upon |
7 | | decisions referred to in subsections (a) and (b), based on the |
8 | | totality of the participation by the former officer, member, or |
9 | | State employee in those decisions. A determination by an |
10 | | Inspector General must be in writing, signed and dated by the |
11 | | Inspector General, and delivered to the subject of the |
12 | | determination within 10 calendar days or the person is deemed |
13 | | eligible for the employment opportunity. For purposes of this |
14 | | subsection, "appropriate Inspector General" means (i) for |
15 | | members and employees of the legislative branch, the |
16 | | Legislative Inspector General; (ii) for the Auditor General and |
17 | | employees of the Office of the Auditor General, the Inspector |
18 | | General provided for in Section 30-5 of this Act; and (iii) for |
19 | | executive branch officers and employees, the Inspector General |
20 | | having jurisdiction over the officer or employee. Notice of any |
21 | | determination of an Inspector General and of any such appeal |
22 | | shall be given to the ultimate jurisdictional authority, the |
23 | | Attorney General, and the Executive Ethics Commission. |
24 | | (g) An Inspector General's determination regarding |
25 | | restrictions under subsection (a) or (b) may be appealed to the |
26 | | appropriate Ethics Commission by the person subject to the |
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1 | | decision or the Attorney General no later than the 10th |
2 | | calendar day after the date of the determination. |
3 | | On appeal, the Ethics Commission or Auditor General shall |
4 | | seek, accept, and consider written public comments regarding a |
5 | | determination. In deciding whether to uphold an Inspector |
6 | | General's determination, the appropriate Ethics Commission or |
7 | | Auditor General shall assess, in addition to any other relevant |
8 | | information, the effect of the prospective employment or |
9 | | relationship upon the decisions referred to in subsections (a) |
10 | | and (b), based on the totality of the participation by the |
11 | | former officer, member, or State employee in those decisions. |
12 | | The Ethics Commission shall decide whether to uphold an |
13 | | Inspector General's determination within 10 calendar days or |
14 | | the person is deemed eligible for the employment opportunity. |
15 | | (h) The following officers, members, or State employees |
16 | | shall not, within a period of one year immediately after |
17 | | termination of office or State employment, knowingly accept |
18 | | employment or receive compensation or fees for services from a |
19 | | person or entity if the person or entity or its parent or |
20 | | subsidiary, during the year immediately preceding termination |
21 | | of State employment, was a party to a State contract or |
22 | | contracts with a cumulative value of $25,000 or more involving |
23 | | the officer, member, or State employee's State agency, or was |
24 | | the subject of a regulatory or licensing decision involving the |
25 | | officer, member, or State employee's State agency, regardless |
26 | | of whether he or she participated personally and substantially |
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1 | | in the award of the State contract or contracts or the making |
2 | | of the regulatory or licensing decision in question: |
3 | | (1) members or officers; |
4 | | (2) members of a commission or board created by the |
5 | | Illinois Constitution; |
6 | | (3) persons whose appointment to office is subject to |
7 | | the advice and consent of the Senate; |
8 | | (4) the head of a department, commission, board, |
9 | | division, bureau, authority, or other administrative unit |
10 | | within the government of this State; |
11 | | (5) chief procurement officers, State purchasing |
12 | | officers, and their designees whose duties are directly |
13 | | related to State procurement; and |
14 | | (6) chiefs of staff, deputy chiefs of staff, associate |
15 | | chiefs of staff, assistant chiefs of staff, and deputy |
16 | | governors ; . |
17 | | (7) employees of the Illinois Racing Board; and |
18 | | (8) employees of the Illinois Gaming Board. |
19 | | (i) For the purposes of this Section, with respect to |
20 | | officers or employees of a regional transit board, as defined |
21 | | in this Act, the phrase "person or entity" does not include: |
22 | | (i) the United States government, (ii) the State, (iii) |
23 | | municipalities, as defined under Article VII, Section 1 of the |
24 | | Illinois Constitution, (iv) units of local government, as |
25 | | defined under Article VII, Section 1 of the Illinois |
26 | | Constitution, or (v) school districts. |
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1 | | (Source: P.A. 96-555, eff. 8-18-09; 97-653, eff. 1-13-12 .) |
2 | | (5 ILCS 430/20-10)
|
3 | | Sec. 20-10. Offices of Executive Inspectors General.
|
4 | | (a) Six Five independent Offices of the Executive Inspector |
5 | | General are
created,
one each for the Governor, the Attorney |
6 | | General, the Secretary of State, the
Comptroller, and the |
7 | | Treasurer and one for gaming activities . Each Office shall be |
8 | | under the direction and
supervision
of an Executive Inspector |
9 | | General and shall be a fully independent office with
separate
|
10 | | appropriations.
|
11 | | (b) The Governor, Attorney General, Secretary of State, |
12 | | Comptroller, and
Treasurer shall each appoint an Executive |
13 | | Inspector General, and the Governor shall appoint an Executive |
14 | | Inspector General for gaming activities. Each appointment must |
15 | | be made without regard to
political affiliation and solely on |
16 | | the basis of integrity and
demonstrated ability.
Appointments |
17 | | shall be made by and with the advice and consent of the
Senate |
18 | | by three-fifths of the elected members concurring by record |
19 | | vote.
Any nomination not acted upon by the Senate within 60 |
20 | | session days of the
receipt thereof shall be deemed to have |
21 | | received the advice and consent of
the Senate. If, during a |
22 | | recess of the Senate, there is a vacancy in an office
of |
23 | | Executive Inspector General, the appointing authority shall |
24 | | make a
temporary appointment until the next meeting of the |
25 | | Senate when the
appointing authority shall make a nomination to |
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1 | | fill that office. No person
rejected for an office of Executive |
2 | | Inspector General shall, except by the
Senate's request, be |
3 | | nominated again for that office at the same session of
the |
4 | | Senate or be appointed to that office during a recess of that |
5 | | Senate.
|
6 | | Nothing in this Article precludes the appointment by the |
7 | | Governor, Attorney
General,
Secretary of State, Comptroller, |
8 | | or Treasurer of any other inspector general
required or
|
9 | | permitted by law. The Governor, Attorney General, Secretary of |
10 | | State,
Comptroller, and
Treasurer
each may appoint an existing |
11 | | inspector general as the Executive Inspector
General
required |
12 | | by this
Article, provided that such an inspector general is not |
13 | | prohibited by law,
rule,
jurisdiction, qualification, or |
14 | | interest from serving as the Executive
Inspector General
|
15 | | required by
this Article.
An appointing authority may not |
16 | | appoint a relative as an Executive Inspector
General.
|
17 | | Each Executive Inspector General shall have the following |
18 | | qualifications:
|
19 | | (1) has not been convicted of any felony under the laws |
20 | | of this State,
another State, or the United States;
|
21 | | (2) has earned a baccalaureate degree from an |
22 | | institution of higher
education; and
|
23 | | (3) has 5 or more years of cumulative service (A) with |
24 | | a federal,
State, or
local law enforcement agency, at least |
25 | | 2 years of which have been in a
progressive investigatory |
26 | | capacity; (B)
as a
federal, State, or local prosecutor; (C)
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1 | | as a
senior manager or executive of a federal, State, or |
2 | | local
agency; (D) as a member, an officer,
or a State
or |
3 | | federal judge; or (E) representing any combination of (A) |
4 | | through (D).
|
5 | | The term of each initial Executive Inspector General shall
|
6 | | commence upon qualification and shall run through June 30, |
7 | | 2008. The
initial appointments shall be made within 60 days |
8 | | after the effective
date of this Act.
|
9 | | After the initial term, each Executive Inspector General |
10 | | shall serve
for 5-year terms commencing on July 1 of the year |
11 | | of appointment
and running through June 30 of the fifth |
12 | | following year. An
Executive Inspector General may be |
13 | | reappointed to one or more
subsequent terms.
|
14 | | A vacancy occurring other than at the end of a term shall |
15 | | be filled
by the appointing authority only for the balance of |
16 | | the term of the Executive
Inspector General whose office is |
17 | | vacant.
|
18 | | Terms shall run regardless of whether the position is |
19 | | filled.
|
20 | | (c) The Executive Inspector General appointed by the |
21 | | Attorney General shall
have jurisdiction over the Attorney |
22 | | General and all officers and employees of,
and vendors and |
23 | | others doing business with,
State agencies within the |
24 | | jurisdiction of the Attorney General. The Executive
Inspector |
25 | | General appointed by the Secretary of State shall have |
26 | | jurisdiction
over the Secretary of State and all officers and |
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1 | | employees of, and vendors and
others doing business with, State |
2 | | agencies within the
jurisdiction of the Secretary of State. The |
3 | | Executive Inspector General
appointed by the Comptroller shall |
4 | | have jurisdiction over the Comptroller and
all officers and |
5 | | employees of, and vendors and others doing business with,
State |
6 | | agencies within the jurisdiction of the Comptroller. The
|
7 | | Executive Inspector General appointed by the Treasurer shall |
8 | | have jurisdiction
over the Treasurer and all officers and |
9 | | employees of, and vendors and others
doing business with, State |
10 | | agencies within the jurisdiction
of the Treasurer. The |
11 | | Executive Inspector General appointed by the Governor
shall |
12 | | have jurisdiction over (i) the Governor, (ii) the Lieutenant |
13 | | Governor, (iii) all
officers and employees of, and vendors and |
14 | | others doing business with,
executive branch State agencies |
15 | | under the jurisdiction of the
Executive Ethics Commission and |
16 | | not within the jurisdiction of the
Attorney
General, the |
17 | | Secretary of State, the Comptroller, or the Treasurer, or the |
18 | | Executive Inspector General for gaming activities, and (iv) all |
19 | | board members and employees of the Regional Transit Boards and |
20 | | all vendors and others doing business with the Regional Transit |
21 | | Boards.
The Executive Inspector General for gaming activities |
22 | | appointed by the Governor has jurisdiction over the Illinois |
23 | | Gaming Board, all officers and employees of the Illinois Gaming |
24 | | Board, and all activities of the Illinois Gaming Board.
|
25 | | The jurisdiction of each Executive Inspector General is to |
26 | | investigate
allegations of fraud, waste, abuse, mismanagement, |
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1 | | misconduct, nonfeasance,
misfeasance,
malfeasance, or |
2 | | violations of this Act or violations of other related
laws and |
3 | | rules.
|
4 | | (d) The compensation for each Executive Inspector General |
5 | | shall be
determined by the Executive Ethics Commission and |
6 | | shall be made from appropriations made to the Comptroller for |
7 | | this purpose. Subject to Section 20-45 of this Act, each
|
8 | | Executive Inspector General has full
authority
to organize his |
9 | | or her Office of the Executive Inspector General, including the
|
10 | | employment and determination of the compensation of staff, such |
11 | | as deputies,
assistants, and other employees, as |
12 | | appropriations permit. A separate
appropriation
shall be made |
13 | | for each Office of Executive Inspector General.
|
14 | | (e) No Executive Inspector General or employee of the |
15 | | Office of
the Executive Inspector General may, during his or |
16 | | her term of appointment or
employment:
|
17 | | (1) become a candidate for any elective office;
|
18 | | (2) hold any other elected or appointed public office
|
19 | | except for appointments on governmental advisory boards
or |
20 | | study commissions or as otherwise expressly authorized by |
21 | | law;
|
22 | | (3) be actively involved in the affairs of any |
23 | | political party or
political organization; or
|
24 | | (4) advocate for the appointment of another person to |
25 | | an appointed or elected office or position or actively |
26 | | participate in any campaign for any
elective office.
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1 | | In this subsection an appointed public office means a |
2 | | position authorized by
law that is filled by an appointing |
3 | | authority as provided by law and does not
include employment by |
4 | | hiring in the ordinary course of business.
|
5 | | (e-1) No Executive Inspector General or employee of the |
6 | | Office of the
Executive Inspector General may, for one year |
7 | | after the termination of his or
her appointment or employment:
|
8 | | (1) become a candidate for any elective office;
|
9 | | (2) hold any elected public office; or
|
10 | | (3) hold any appointed State, county, or local judicial |
11 | | office.
|
12 | | (e-2) The requirements of item (3) of subsection (e-1) may |
13 | | be waived by the
Executive Ethics Commission.
|
14 | | (f) An Executive Inspector General may be removed only for |
15 | | cause and may
be removed only by the appointing constitutional |
16 | | officer. At the time of the
removal,
the appointing |
17 | | constitutional officer must report to the Executive Ethics
|
18 | | Commission the
justification for the
removal.
|
19 | | (Source: P.A. 96-555, eff. 8-18-09; 96-1528, eff. 7-1-11 .) |
20 | | Section 90-5. The Alcoholism and Other Drug Abuse and |
21 | | Dependency Act is amended by changing Section 5-20 as follows:
|
22 | | (20 ILCS 301/5-20)
|
23 | | Sec. 5-20. Compulsive gambling program.
|
24 | | (a) Subject to appropriation, the Department shall |
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1 | | establish a program for
public education, research, and |
2 | | training regarding problem and compulsive
gambling and the |
3 | | treatment and prevention of problem and compulsive gambling.
|
4 | | Subject to specific appropriation for these stated purposes, |
5 | | the program must
include all of the following:
|
6 | | (1) Establishment and maintenance of a toll-free "800" |
7 | | telephone number
to provide crisis counseling and referral |
8 | | services to families experiencing
difficulty as a result of |
9 | | problem or compulsive gambling.
|
10 | | (2) Promotion of public awareness regarding the |
11 | | recognition and
prevention of problem and compulsive |
12 | | gambling.
|
13 | | (3) Facilitation, through in-service training and |
14 | | other means, of the
availability of effective assistance |
15 | | programs for problem and compulsive
gamblers.
|
16 | | (4) Conducting studies to identify adults and |
17 | | juveniles in this
State who are, or who are at risk of |
18 | | becoming, problem or compulsive gamblers.
|
19 | | (b) Subject to appropriation, the Department shall either |
20 | | establish and
maintain the program or contract with a private |
21 | | or public entity for the
establishment and maintenance of the |
22 | | program. Subject to appropriation, either
the Department or the |
23 | | private or public entity shall implement the toll-free
|
24 | | telephone number, promote public awareness, and conduct |
25 | | in-service training
concerning problem and compulsive |
26 | | gambling.
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1 | | (c) Subject to appropriation, the Department shall produce |
2 | | and supply the
signs specified in Section 10.7 of the Illinois |
3 | | Lottery Law, Section 34.1 of
the Illinois Horse Racing Act of |
4 | | 1975, Section 4.3 of the Bingo License and Tax
Act, Section 8.1 |
5 | | of the Charitable Games Act, and Section 13.1 of the Illinois |
6 | | Riverboat
Gambling Act.
|
7 | | (Source: P.A. 89-374, eff. 1-1-96; 89-626, eff. 8-9-96.)
|
8 | | Section 90-6. The Department of Commerce and Economic |
9 | | Opportunity Law of the
Civil Administrative Code of Illinois is |
10 | | amended by adding Sections 605-530 and 605-535 as follows: |
11 | | (20 ILCS 605/605-530 new) |
12 | | Sec. 605-530. The Depressed Communities Economic |
13 | | Development Board. |
14 | | (a) The Depressed Communities Economic Development Board |
15 | | is created as an advisory board within the Department of |
16 | | Commerce and Economic Opportunity. The Board shall consist of |
17 | | the following members: |
18 | | (1) 3 members appointed by the Governor, one of whom |
19 | | shall be appointed to serve an initial term of one year and |
20 | | 2 of whom shall be appointed to serve an initial term of 2 |
21 | | years; |
22 | | (2) 2 members appointed by the Speaker of the House of |
23 | | Representatives, one of whom shall be appointed to serve an |
24 | | initial term of one year and one of whom shall be appointed |
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1 | | to serve an initial term of 2 years; |
2 | | (3) 2 members appointed by the President of the Senate, |
3 | | one of whom shall be appointed to serve an initial term of |
4 | | one year and one of whom shall be appointed to serve an |
5 | | initial term of 2 years; |
6 | | (4) 2 members appointed by the Minority Leader of the |
7 | | House of Representatives, one of whom shall be appointed to |
8 | | serve an initial term of one year and one of whom shall be |
9 | | appointed to serve an initial term of 2 years; and |
10 | | (5) 2 members appointed by the Minority Leader of the |
11 | | Senate, one of whom shall be appointed to serve an initial |
12 | | term of one year and one of whom shall be appointed to |
13 | | serve an initial term of 2 years. |
14 | | The members of the Board shall elect a member to serve as |
15 | | chair of the Board. The members of the Board shall reflect the |
16 | | composition of the Illinois population with regard to ethnic |
17 | | and racial composition. |
18 | | After the initial terms, each member shall be appointed to |
19 | | serve a term of 2 years and until his or her successor has been |
20 | | appointed and assumes office. If a vacancy occurs in the Board |
21 | | membership, then the vacancy shall be filled in the same manner |
22 | | as the initial appointment. No member of the Board shall, at |
23 | | the time of his or her appointment or within 2 years before the |
24 | | appointment, hold elected office or be appointed to a State |
25 | | board, commission, or agency. All Board members are subject to |
26 | | the State Officials and Employees Ethics Act. |
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1 | | (b) Board members shall serve without compensation, but may |
2 | | be reimbursed for their reasonable travel expenses from funds |
3 | | available for that purpose. The Department of Commerce and |
4 | | Economic Opportunity shall provide staff and administrative |
5 | | support services to the Board. |
6 | | (c) The Board must make recommendations, which must be |
7 | | approved by a majority of the Board, to the Department of |
8 | | Commerce and Economic Opportunity concerning the award of |
9 | | grants from amounts appropriated to the Department from the |
10 | | Depressed Communities Economic Development Fund, a special |
11 | | fund created in the State treasury. The Department must make |
12 | | grants to public or private entities submitting proposals to |
13 | | the Board to revitalize an Illinois depressed community. Grants |
14 | | may be used by these entities only for those purposes |
15 | | conditioned with the grant. For the purposes of this subsection |
16 | | (c), plans for revitalizing an Illinois depressed community |
17 | | include plans intended to curb high levels of poverty, |
18 | | unemployment, job and population loss, and general distress. An |
19 | | Illinois depressed community is an area where the poverty rate, |
20 | | as determined by using the most recent data released by the |
21 | | United States Census Bureau, is at least 3% greater than the |
22 | | State poverty rate as determined by using the most recent data |
23 | | released by the United States Census Bureau. |
24 | | (20 ILCS 605/605-535 new) |
25 | | Sec. 605-535. The Commission on the Future of Economic |
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1 | | Development of the Latino Community. |
2 | | (a) There is hereby created the Commission on the Future of |
3 | | Economic Development of the Latino Community within the |
4 | | Department. The purpose of the Commission shall be to maintain |
5 | | and develop the economy of Latinos and to provide opportunities |
6 | | for this community, which will enhance and expand the quality |
7 | | of their lives. |
8 | | The Commission shall concentrate its major efforts on |
9 | | strategic planning, policy research and analysis, advocacy, |
10 | | evaluation, and promoting coordination and collaboration. |
11 | | During each regular legislative session, the Commission |
12 | | must consult with appropriate legislative committees about the |
13 | | State's economic development needs and opportunities in the |
14 | | Latino community. |
15 | | By October 1st of each even-numbered year, the Commission |
16 | | must submit to the Governor and the General Assembly a biennial |
17 | | comprehensive statewide economic development strategy for the |
18 | | Latino community with a report on progress from the previous |
19 | | comprehensive strategy. |
20 | | The comprehensive statewide economic development strategy |
21 | | may include, but is not limited to: |
22 | | (1) an assessment of the Latino community's economic |
23 | | vitality; |
24 | | (2) recommended goals, objectives, and priorities for |
25 | | the next biennium and the future; |
26 | | (3) a common set of outcomes and benchmarks for the |
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1 | | economic development system as a whole for the Latino |
2 | | community; |
3 | | (4) recommendations for removing barriers for Latinos |
4 | | in employment; |
5 | | (5) an inventory of existing relevant programs |
6 | | compiled by the Commission from materials submitted by |
7 | | agencies; |
8 | | (6) recommendations for expanding, discontinuing, or |
9 | | redirecting existing programs or adding new programs to |
10 | | better serve the Latino community; and |
11 | | (7) recommendations of best practices and public and |
12 | | private sector roles in implementing the comprehensive |
13 | | statewide economic development strategy. |
14 | | In developing the biennial statewide economic development |
15 | | strategy, goals, objectives, priorities, and recommendations, |
16 | | the Commission shall consult, collaborate, and coordinate with |
17 | | relevant State agencies, private sector business, nonprofit |
18 | | organizations involved in economic development, trade |
19 | | associations, associate development organizations, and |
20 | | relevant local organizations in order to avoid duplication of |
21 | | effort. |
22 | | State agencies shall cooperate with the Commission and |
23 | | provide information as the Commission may reasonably request. |
24 | | The Commission shall review and make budget |
25 | | recommendations to the Governor's Office of Management and |
26 | | Budget and the General Assembly in areas relating to the |
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1 | | economic development in the State's Latino community. |
2 | | The Commission shall evaluate its own performance on a |
3 | | regular basis. |
4 | | The Commission may accept gifts, grants, donations, |
5 | | sponsorships, or contributions from any federal, State, or |
6 | | local governmental agency or program, or any private source, |
7 | | and expend the same for any purpose consistent with this |
8 | | Section. |
9 | | (b) The Commission shall consist of 12 voting members, |
10 | | appointed by the Governor, 4 of whom shall be appointed to |
11 | | serve an initial term of one year, 4 of whom shall be appointed |
12 | | to serve an initial term of 2 years, and 4 of whom shall be |
13 | | appointed to serve an initial term of 3 years. After the |
14 | | initial term, each member shall be appointed to a term of 3 |
15 | | years. Members of the Commission shall serve at the pleasure of |
16 | | the Governor for not more than 2 consecutive 3-year terms. In |
17 | | appointing members, the Governor shall appoint individuals |
18 | | from the following private industry sectors: |
19 | | (1) production agriculture; |
20 | | (2) at least 2 individuals from manufacturing, one of |
21 | | whom shall represent a company with no more than 75 |
22 | | employees; |
23 | | (3) transportation, construction, and logistics; |
24 | | (4) travel and tourism; |
25 | | (5) financial services and insurance; |
26 | | (6) information technology and communications; and |
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1 | | (7) biotechnology. |
2 | | The members of the Commission shall choose a member to |
3 | | serve as chair of the Commission. The members of the Commission |
4 | | shall be representative, to the extent possible, of the various |
5 | | geographic areas of the State. The Director shall serve as an |
6 | | ad hoc nonvoting member of the Commission. Vacancies shall be |
7 | | filled in the same manner as the original appointments. The |
8 | | members of the Commission shall serve without compensation. |
9 | | (c) The Commission shall meet at least 4 times per year, |
10 | | with at least one meeting each calendar quarter, at the call of |
11 | | the director or 4 voting members of the Commission. The staff |
12 | | and support for the Commission shall be provided by the |
13 | | Department. |
14 | | (d) The Commission and Department are encouraged to involve |
15 | | other essential groups in the work of the Commission, |
16 | | including, but not limited to: |
17 | | (1) public universities; |
18 | | (2) community colleges; |
19 | | (3) other educational institutions; and |
20 | | (4) the Department of Labor. |
21 | | (e) The Commission shall make recommendations, which must |
22 | | be approved by a majority of the members of the Commission, to |
23 | | the Department concerning the award of grants from amounts |
24 | | appropriated to the Department from the Latino Community |
25 | | Economic Development Fund, a special fund in the State |
26 | | treasury. The Department shall make grants to public or private |
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1 | | entities submitting proposals to the Commission to assist in |
2 | | the economic development of the Latino community. Grants may be |
3 | | used by these entities only for those purposes conditioned with |
4 | | the grant. The Commission shall coordinate with the Department |
5 | | to develop grant criteria. |
6 | | (f) For the purposes of this Section: |
7 | | "Department" means the Department of Commerce and Economic |
8 | | Development. |
9 | | "Director" means the Director of Commerce and Economic |
10 | | Development. |
11 | | "Educational institutions" means nonprofit public and |
12 | | private colleges, community colleges, State colleges, and |
13 | | universities in this State. |
14 | | Section 90-8. The Illinois Lottery Law is amended by |
15 | | changing Section 9.1 as follows: |
16 | | (20 ILCS 1605/9.1) |
17 | | Sec. 9.1. Private manager and management agreement. |
18 | | (a) As used in this Section: |
19 | | "Offeror" means a person or group of persons that responds |
20 | | to a request for qualifications under this Section. |
21 | | "Request for qualifications" means all materials and |
22 | | documents prepared by the Department to solicit the following |
23 | | from offerors: |
24 | | (1) Statements of qualifications. |
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1 | | (2) Proposals to enter into a management agreement, |
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 offer" means the last proposal submitted by an |
7 | | offeror in response to the request for qualifications, |
8 | | including the identity of any prospective vendor or vendors |
9 | | that the offeror intends to initially engage to assist the |
10 | | offeror in performing its obligations under the management |
11 | | agreement. |
12 | | "Final offeror" means the offeror ultimately selected by |
13 | | the Governor to be the private manager for the Lottery under |
14 | | subsection (h) of this Section. |
15 | | (b) By September 15, 2010, the Governor shall select a |
16 | | private manager for the total management of the Lottery with |
17 | | integrated functions, such as lottery game design, supply of |
18 | | goods and services, and advertising and as specified in this |
19 | | Section. |
20 | | (c) Pursuant to the terms of this subsection, the |
21 | | Department shall endeavor to expeditiously terminate the |
22 | | existing contracts in support of the Lottery in effect on the |
23 | | effective date of this amendatory Act of the 96th General |
24 | | Assembly in connection with the selection of the private |
25 | | manager. As part of its obligation to terminate these contracts |
26 | | and select the private manager, the Department shall establish |
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1 | | a mutually agreeable timetable to transfer the functions of |
2 | | existing contractors to the private manager so that existing |
3 | | Lottery operations are not materially diminished or impaired |
4 | | during the transition. To that end, the Department shall do the |
5 | | following: |
6 | | (1) where such contracts contain a provision |
7 | | authorizing termination upon notice, the Department shall |
8 | | provide notice of termination to occur upon the mutually |
9 | | agreed timetable for transfer of functions; |
10 | | (2) upon the expiration of any initial term or renewal |
11 | | term of the current Lottery contracts, the Department shall |
12 | | not renew such contract for a term extending beyond the |
13 | | mutually agreed timetable for transfer of functions; or |
14 | | (3) in the event any current contract provides for |
15 | | termination of that contract upon the implementation of a |
16 | | contract with the private manager, the Department shall |
17 | | perform all necessary actions to terminate the contract on |
18 | | the date that coincides with the mutually agreed timetable |
19 | | for transfer of functions. |
20 | | If the contracts to support the current operation of the |
21 | | Lottery in effect on the effective date of this amendatory Act |
22 | | of the 96th General Assembly are not subject to termination as |
23 | | provided for in this subsection (c), then the Department may |
24 | | include a provision in the contract with the private manager |
25 | | specifying a mutually agreeable methodology for incorporation. |
26 | | (c-5) The Department shall include provisions in the |
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1 | | management agreement whereby the private manager shall, for a |
2 | | fee, and pursuant to a contract negotiated with the Department |
3 | | (the "Employee Use Contract"), utilize the services of current |
4 | | Department employees to assist in the administration and |
5 | | operation of the Lottery. The Department shall be the employer |
6 | | of all such bargaining unit employees assigned to perform such |
7 | | work for the private manager, and such employees shall be State |
8 | | employees, as defined by the Personnel Code. Department |
9 | | employees shall operate under the same employment policies, |
10 | | rules, regulations, and procedures, as other employees of the |
11 | | Department. In addition, neither historical representation |
12 | | rights under the Illinois Public Labor Relations Act, nor |
13 | | existing collective bargaining agreements, shall be disturbed |
14 | | by the management agreement with the private manager for the |
15 | | management of the Lottery. |
16 | | (d) The management agreement with the private manager shall |
17 | | include all of the following: |
18 | | (1) A term not to exceed 10 years, including any |
19 | | renewals. |
20 | | (2) A provision specifying that the Department: |
21 | | (A) shall exercise actual control over all |
22 | | significant business decisions; |
23 | | (A-5) has the authority to direct or countermand |
24 | | operating decisions by the private manager at any time; |
25 | | (B) has ready access at any time to information |
26 | | regarding Lottery operations; |
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1 | | (C) has the right to demand and receive information |
2 | | from the private manager concerning any aspect of the |
3 | | Lottery operations at any time; and |
4 | | (D) retains ownership of all trade names, |
5 | | trademarks, and intellectual property associated with |
6 | | the Lottery. |
7 | | (3) A provision imposing an affirmative duty on the |
8 | | private manager to provide the Department with material |
9 | | information and with any information the private manager |
10 | | reasonably believes the Department would want to know to |
11 | | enable the Department to conduct the Lottery. |
12 | | (4) A provision requiring the private manager to |
13 | | provide the Department with advance notice of any operating |
14 | | decision that bears significantly on the public interest, |
15 | | including, but not limited to, decisions on the kinds of |
16 | | games to be offered to the public and decisions affecting |
17 | | the relative risk and reward of the games being offered, so |
18 | | the Department has a reasonable opportunity to evaluate and |
19 | | countermand that decision. |
20 | | (5) A provision providing for compensation of the |
21 | | private manager that may consist of, among other things, a |
22 | | fee for services and a performance based bonus as |
23 | | consideration for managing the Lottery, including terms |
24 | | that may provide the private manager with an increase in |
25 | | compensation if Lottery revenues grow by a specified |
26 | | percentage in a given year. |
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1 | | (6) (Blank). |
2 | | (7) A provision requiring the deposit of all Lottery |
3 | | proceeds to be deposited into the State Lottery Fund except |
4 | | as otherwise provided in Section 20 of this Act. |
5 | | (8) A provision requiring the private manager to locate |
6 | | its principal office within the State. |
7 | | (8-5) A provision encouraging that at least 20% of the |
8 | | cost of contracts entered into for goods and services by |
9 | | the private manager in connection with its management of |
10 | | the Lottery, other than contracts with sales agents or |
11 | | technical advisors, be awarded to businesses that are a |
12 | | minority owned business, a female owned business, or a |
13 | | business owned by a person with disability, as those terms |
14 | | are defined in the Business Enterprise for Minorities, |
15 | | Females, and Persons with Disabilities Act. |
16 | | (9) A requirement that so long as the private manager |
17 | | complies with all the conditions of the agreement under the |
18 | | oversight of the Department, the private manager shall have |
19 | | the following duties and obligations with respect to the |
20 | | management of the Lottery: |
21 | | (A) The right to use equipment and other assets |
22 | | used in the operation of the Lottery. |
23 | | (B) The rights and obligations under contracts |
24 | | with retailers and vendors. |
25 | | (C) The implementation of a comprehensive security |
26 | | program by the private manager. |
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1 | | (D) The implementation of a comprehensive system |
2 | | of internal audits. |
3 | | (E) The implementation of a program by the private |
4 | | manager to curb compulsive gambling by persons playing |
5 | | the Lottery. |
6 | | (F) A system for determining (i) the type of |
7 | | Lottery games, (ii) the method of selecting winning |
8 | | tickets, (iii) the manner of payment of prizes to |
9 | | holders of winning tickets, (iv) the frequency of |
10 | | drawings of winning tickets, (v) the method to be used |
11 | | in selling tickets, (vi) a system for verifying the |
12 | | validity of tickets claimed to be winning tickets, |
13 | | (vii) the basis upon which retailer commissions are |
14 | | established by the manager, and (viii) minimum |
15 | | payouts. |
16 | | (10) A requirement that advertising and promotion must |
17 | | be consistent with Section 7.8a of this Act. |
18 | | (11) A requirement that the private manager market the |
19 | | Lottery to those residents who are new, infrequent, or |
20 | | lapsed players of the Lottery, especially those who are |
21 | | most likely to make regular purchases on the Internet as |
22 | | permitted by law. |
23 | | (12) A code of ethics for the private manager's |
24 | | officers and employees. |
25 | | (13) A requirement that the Department monitor and |
26 | | oversee the private manager's practices and take action |
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1 | | that the Department considers appropriate to ensure that |
2 | | the private manager is in compliance with the terms of the |
3 | | management agreement, while allowing the manager, unless |
4 | | specifically prohibited by law or the management |
5 | | agreement, to negotiate and sign its own contracts with |
6 | | vendors. |
7 | | (14) A provision requiring the private manager to |
8 | | periodically file, at least on an annual basis, appropriate |
9 | | financial statements in a form and manner acceptable to the |
10 | | Department. |
11 | | (15) Cash reserves requirements. |
12 | | (16) Procedural requirements for obtaining the prior |
13 | | approval of the Department when a management agreement or |
14 | | an interest in a management agreement is sold, assigned, |
15 | | transferred, or pledged as collateral to secure financing. |
16 | | (17) Grounds for the termination of the management |
17 | | agreement by the Department or the private manager. |
18 | | (18) Procedures for amendment of the agreement. |
19 | | (19) A provision requiring the private manager to |
20 | | engage in an open and competitive bidding process for any |
21 | | procurement having a cost in excess of $50,000 that is not |
22 | | a part of the private manager's final offer. The process |
23 | | shall favor the selection of a vendor deemed to have |
24 | | submitted a proposal that provides the Lottery with the |
25 | | best overall value. The process shall not be subject to the |
26 | | provisions of the Illinois Procurement Code, unless |
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1 | | specifically required by the management agreement. |
2 | | (20) The transition of rights and obligations, |
3 | | including any associated equipment or other assets used in |
4 | | the operation of the Lottery, from the manager to any |
5 | | successor manager of the lottery, including the |
6 | | Department, following the termination of or foreclosure |
7 | | upon the management agreement. |
8 | | (21) Right of use of copyrights, trademarks, and |
9 | | service marks held by the Department in the name of the |
10 | | State. The agreement must provide that any use of them by |
11 | | the manager shall only be for the purpose of fulfilling its |
12 | | obligations under the management agreement during the term |
13 | | of the agreement. |
14 | | (22) The disclosure of any information requested by the |
15 | | Department to enable it to comply with the reporting |
16 | | requirements and information requests provided for under |
17 | | subsection (p) of this Section. |
18 | | (e) Notwithstanding any other law to the contrary, the |
19 | | Department shall select a private manager through a competitive |
20 | | request for qualifications process consistent with Section |
21 | | 20-35 of the Illinois Procurement Code, which shall take into |
22 | | account: |
23 | | (1) the offeror's ability to market the Lottery to |
24 | | those residents who are new, infrequent, or lapsed players |
25 | | of the Lottery, especially those who are most likely to |
26 | | make regular purchases on the Internet; |
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1 | | (2) the offeror's ability to address the State's |
2 | | concern with the social effects of gambling on those who |
3 | | can least afford to do so; |
4 | | (3) the offeror's ability to provide the most |
5 | | successful management of the Lottery for the benefit of the |
6 | | people of the State based on current and past business |
7 | | practices or plans of the offeror; and |
8 | | (4) the offeror's poor or inadequate past performance |
9 | | in servicing, equipping, operating or managing a lottery on |
10 | | behalf of Illinois, another State or foreign government and |
11 | | attracting persons who are not currently regular players of |
12 | | a lottery. |
13 | | (f) The Department may retain the services of an advisor or |
14 | | advisors with significant experience in financial services or |
15 | | the management, operation, and procurement of goods, services, |
16 | | and equipment for a government-run lottery to assist in the |
17 | | preparation of the terms of the request for qualifications and |
18 | | selection of the private manager. Any prospective advisor |
19 | | seeking to provide services under this subsection (f) shall |
20 | | disclose any material business or financial relationship |
21 | | during the past 3 years with any potential offeror, or with a |
22 | | contractor or subcontractor presently providing goods, |
23 | | services, or equipment to the Department to support the |
24 | | Lottery. The Department shall evaluate the material business or |
25 | | financial relationship of each prospective advisor. The |
26 | | Department shall not select any prospective advisor with a |
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1 | | substantial business or financial relationship that the |
2 | | Department deems to impair the objectivity of the services to |
3 | | be provided by the prospective advisor. During the course of |
4 | | the advisor's engagement by the Department, and for a period of |
5 | | one year thereafter, the advisor shall not enter into any |
6 | | business or financial relationship with any offeror or any |
7 | | vendor identified to assist an offeror in performing its |
8 | | obligations under the management agreement. Any advisor |
9 | | retained by the Department shall be disqualified from being an |
10 | | offeror.
The Department shall not include terms in the request |
11 | | for qualifications that provide a material advantage whether |
12 | | directly or indirectly to any potential offeror, or any |
13 | | contractor or subcontractor presently providing goods, |
14 | | services, or equipment to the Department to support the |
15 | | Lottery, including terms contained in previous responses to |
16 | | requests for proposals or qualifications submitted to |
17 | | Illinois, another State or foreign government when those terms |
18 | | are uniquely associated with a particular potential offeror, |
19 | | contractor, or subcontractor. The request for proposals |
20 | | offered by the Department on December 22, 2008 as |
21 | | "LOT08GAMESYS" and reference number "22016176" is declared |
22 | | void. |
23 | | (g) The Department shall select at least 2 offerors as |
24 | | finalists to potentially serve as the private manager no later |
25 | | than August 9, 2010. Upon making preliminary selections, the |
26 | | Department shall schedule a public hearing on the finalists' |
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1 | | proposals and provide public notice of the hearing at least 7 |
2 | | calendar days before the hearing. The notice must include all |
3 | | of the following: |
4 | | (1) The date, time, and place of the hearing. |
5 | | (2) The subject matter of the hearing. |
6 | | (3) A brief description of the management agreement to |
7 | | be awarded. |
8 | | (4) The identity of the offerors that have been |
9 | | selected as finalists to serve as the private manager. |
10 | | (5) The address and telephone number of the Department. |
11 | | (h) At the public hearing, the Department shall (i) provide |
12 | | sufficient time for each finalist to present and explain its |
13 | | proposal to the Department and the Governor or the Governor's |
14 | | designee, including an opportunity to respond to questions |
15 | | posed by the Department, Governor, or designee and (ii) allow |
16 | | the public and non-selected offerors to comment on the |
17 | | presentations. The Governor or a designee shall attend the |
18 | | public hearing. After the public hearing, the Department shall |
19 | | have 14 calendar days to recommend to the Governor whether a |
20 | | management agreement should be entered into with a particular |
21 | | finalist. After reviewing the Department's recommendation, the |
22 | | Governor may accept or reject the Department's recommendation, |
23 | | and shall select a final offeror as the private manager by |
24 | | publication of a notice in the Illinois Procurement Bulletin on |
25 | | or before September 15, 2010. The Governor shall include in the |
26 | | notice a detailed explanation and the reasons why the final |
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1 | | offeror is superior to other offerors and will provide |
2 | | management services in a manner that best achieves the |
3 | | objectives of this Section. The Governor shall also sign the |
4 | | management agreement with the private manager. |
5 | | (i) Any action to contest the private manager selected by |
6 | | the Governor under this Section must be brought within 7 |
7 | | calendar days after the publication of the notice of the |
8 | | designation of the private manager as provided in subsection |
9 | | (h) of this Section. |
10 | | (j) The Lottery shall remain, for so long as a private |
11 | | manager manages the Lottery in accordance with provisions of |
12 | | this Act, a Lottery conducted by the State, and the State shall |
13 | | not be authorized to sell or transfer the Lottery to a third |
14 | | party. |
15 | | (k) Any tangible personal property used exclusively in |
16 | | connection with the lottery that is owned by the Department and |
17 | | leased to the private manager shall be owned by the Department |
18 | | in the name of the State and shall be considered to be public |
19 | | property devoted to an essential public and governmental |
20 | | function. |
21 | | (l) The Department may exercise any of its powers under |
22 | | this Section or any other law as necessary or desirable for the |
23 | | execution of the Department's powers under this Section. |
24 | | (m) Neither this Section nor any management agreement |
25 | | entered into under this Section prohibits the General Assembly |
26 | | from authorizing forms of gambling that are not in direct |
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1 | | competition with the Lottery. The forms of gambling authorized |
2 | | by this amendatory Act of the 100th General Assembly constitute |
3 | | authorized forms of gambling that are not in direct competition |
4 | | with the Lottery. |
5 | | (n) The private manager shall be subject to a complete |
6 | | investigation in the third, seventh, and tenth years of the |
7 | | agreement (if the agreement is for a 10-year term) by the |
8 | | Department in cooperation with the Auditor General to determine |
9 | | whether the private manager has complied with this Section and |
10 | | the management agreement. The private manager shall bear the |
11 | | cost of an investigation or reinvestigation of the private |
12 | | manager under this subsection. |
13 | | (o) The powers conferred by this Section are in addition |
14 | | and supplemental to the powers conferred by any other law. If |
15 | | any other law or rule is inconsistent with this Section, |
16 | | including, but not limited to, provisions of the Illinois |
17 | | Procurement Code, then this Section controls as to any |
18 | | management agreement entered into under this Section. This |
19 | | Section and any rules adopted under this Section contain full |
20 | | and complete authority for a management agreement between the |
21 | | Department and a private manager. No law, procedure, |
22 | | proceeding, publication, notice, consent, approval, order, or |
23 | | act by the Department or any other officer, Department, agency, |
24 | | or instrumentality of the State or any political subdivision is |
25 | | required for the Department to enter into a management |
26 | | agreement under this Section. This Section contains full and |
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1 | | complete authority for the Department to approve any contracts |
2 | | entered into by a private manager with a vendor providing |
3 | | goods, services, or both goods and services to the private |
4 | | manager under the terms of the management agreement, including |
5 | | subcontractors of such vendors. |
6 | | Upon receipt of a written request from the Chief |
7 | | Procurement Officer, the Department shall provide to the Chief |
8 | | Procurement Officer a complete and un-redacted copy of the |
9 | | management agreement or any contract that is subject to the |
10 | | Department's approval authority under this subsection (o). The |
11 | | Department shall provide a copy of the agreement or contract to |
12 | | the Chief Procurement Officer in the time specified by the |
13 | | Chief Procurement Officer in his or her written request, but no |
14 | | later than 5 business days after the request is received by the |
15 | | Department. The Chief Procurement Officer must retain any |
16 | | portions of the management agreement or of any contract |
17 | | designated by the Department as confidential, proprietary, or |
18 | | trade secret information in complete confidence pursuant to |
19 | | subsection (g) of Section 7 of the Freedom of Information Act. |
20 | | The Department shall also provide the Chief Procurement Officer |
21 | | with reasonable advance written notice of any contract that is |
22 | | pending Department approval. |
23 | | Notwithstanding any other provision of this Section to the |
24 | | contrary, the Chief Procurement Officer shall adopt |
25 | | administrative rules, including emergency rules, to establish |
26 | | a procurement process to select a successor private manager if |
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1 | | a private management agreement has been terminated. The |
2 | | selection process shall at a minimum take into account the |
3 | | criteria set forth in items (1) through (4) of subsection (e) |
4 | | of this Section and may include provisions consistent with |
5 | | subsections (f), (g), (h), and (i) of this Section. The Chief |
6 | | Procurement Officer shall also implement and administer the |
7 | | adopted selection process upon the termination of a private |
8 | | management agreement. The Department, after the Chief |
9 | | Procurement Officer certifies that the procurement process has |
10 | | been followed in accordance with the rules adopted under this |
11 | | subsection (o), shall select a final offeror as the private |
12 | | manager and sign the management agreement with the private |
13 | | manager. |
14 | | Except as provided in Sections 21.5, 21.6, 21.7, 21.8, and |
15 | | 21.9, the Department shall distribute all proceeds of lottery |
16 | | tickets and shares sold in the following priority and manner: |
17 | | (1) The payment of prizes and retailer bonuses. |
18 | | (2) The payment of costs incurred in the operation and |
19 | | administration of the Lottery, including the payment of |
20 | | sums due to the private manager under the management |
21 | | agreement with the Department. |
22 | | (3) On the last day of each month or as soon thereafter |
23 | | as possible, the State Comptroller shall direct and the |
24 | | State Treasurer shall transfer from the State Lottery Fund |
25 | | to the Common School Fund an amount that is equal to the |
26 | | proceeds transferred in the corresponding month of fiscal |
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1 | | year 2009, as adjusted for inflation, to the Common School |
2 | | Fund. |
3 | | (4) On or before the last day of each fiscal year, |
4 | | deposit any remaining proceeds, subject to payments under |
5 | | items (1), (2), and (3) into the Capital Projects Fund each |
6 | | fiscal year. |
7 | | (p) The Department shall be subject to the following |
8 | | reporting and information request requirements: |
9 | | (1) the Department shall submit written quarterly |
10 | | reports to the Governor and the General Assembly on the |
11 | | activities and actions of the private manager selected |
12 | | under this Section; |
13 | | (2) upon request of the Chief Procurement Officer, the |
14 | | Department shall promptly produce information related to |
15 | | the procurement activities of the Department and the |
16 | | private manager requested by the Chief Procurement |
17 | | Officer; the Chief Procurement Officer must retain |
18 | | confidential, proprietary, or trade secret information |
19 | | designated by the Department in complete confidence |
20 | | pursuant to subsection (g) of Section 7 of the Freedom of |
21 | | Information Act; and |
22 | | (3) at least 30 days prior to the beginning of the |
23 | | Department's fiscal year, the Department shall prepare an |
24 | | annual written report on the activities of the private |
25 | | manager selected under this Section and deliver that report |
26 | | to the Governor and General Assembly. |
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1 | | (Source: P.A. 98-463, eff. 8-16-13; 98-649, eff. 6-16-14; |
2 | | 99-933, eff. 1-27-17.) |
3 | | Section 90-10. The Department of Revenue Law of the
Civil |
4 | | Administrative Code of Illinois is amended by changing Section |
5 | | 2505-305 as follows:
|
6 | | (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
|
7 | | Sec. 2505-305. Investigators.
|
8 | | (a) The Department has the power to
appoint investigators |
9 | | to conduct all investigations,
searches, seizures, arrests, |
10 | | and other duties imposed under the provisions
of any law |
11 | | administered by the Department.
Except as provided in |
12 | | subsection (c), these investigators have
and
may exercise all |
13 | | the powers of peace officers solely for the purpose of
|
14 | | enforcing taxing measures administered by the Department.
|
15 | | (b) The Director must authorize to each investigator |
16 | | employed under this
Section and
to any other employee of the |
17 | | Department exercising the powers of a peace
officer a
distinct |
18 | | badge that, on its face, (i) clearly states that the badge is
|
19 | | authorized
by the
Department and (ii)
contains a unique |
20 | | identifying number.
No other badge shall be authorized by
the |
21 | | Department.
|
22 | | (c) The Department may enter into agreements with the |
23 | | Illinois Gaming Board providing that investigators appointed |
24 | | under this Section shall exercise the peace officer powers set |
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1 | | forth in paragraph (20.6) of subsection (c) of Section 5 of the |
2 | | Illinois Riverboat Gambling Act.
|
3 | | (Source: P.A. 96-37, eff. 7-13-09.)
|
4 | | Section 90-12. The Illinois State Auditing Act is amended |
5 | | by changing Section 3-1 as follows:
|
6 | | (30 ILCS 5/3-1) (from Ch. 15, par. 303-1)
|
7 | | Sec. 3-1. Jurisdiction of Auditor General. The Auditor |
8 | | General has
jurisdiction over all State agencies to make post |
9 | | audits and investigations
authorized by or under this Act or |
10 | | the Constitution.
|
11 | | The Auditor General has jurisdiction over local government |
12 | | agencies
and private agencies only:
|
13 | | (a) to make such post audits authorized by or under |
14 | | this Act as are
necessary and incidental to a post audit of |
15 | | a State agency or of a
program administered by a State |
16 | | agency involving public funds of the
State, but this |
17 | | jurisdiction does not include any authority to review
local |
18 | | governmental agencies in the obligation, receipt, |
19 | | expenditure or
use of public funds of the State that are |
20 | | granted without limitation or
condition imposed by law, |
21 | | other than the general limitation that such
funds be used |
22 | | for public purposes;
|
23 | | (b) to make investigations authorized by or under this |
24 | | Act or the
Constitution; and
|
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1 | | (c) to make audits of the records of local government |
2 | | agencies to verify
actual costs of state-mandated programs |
3 | | when directed to do so by the
Legislative Audit Commission |
4 | | at the request of the State Board of Appeals
under the |
5 | | State Mandates Act.
|
6 | | In addition to the foregoing, the Auditor General may |
7 | | conduct an
audit of the Metropolitan Pier and Exposition |
8 | | Authority, the
Regional Transportation Authority, the Suburban |
9 | | Bus Division, the Commuter
Rail Division and the Chicago |
10 | | Transit Authority and any other subsidized
carrier when |
11 | | authorized by the Legislative Audit Commission. Such audit
may |
12 | | be a financial, management or program audit, or any combination |
13 | | thereof.
|
14 | | The audit shall determine whether they are operating in |
15 | | accordance with
all applicable laws and regulations. Subject to |
16 | | the limitations of this
Act, the Legislative Audit Commission |
17 | | may by resolution specify additional
determinations to be |
18 | | included in the scope of the audit.
|
19 | | In addition to the foregoing, the Auditor General must also |
20 | | conduct a
financial audit of
the Illinois Sports Facilities |
21 | | Authority's expenditures of public funds in
connection with the |
22 | | reconstruction, renovation, remodeling, extension, or
|
23 | | improvement of all or substantially all of any existing |
24 | | "facility", as that
term is defined in the Illinois Sports |
25 | | Facilities Authority Act.
|
26 | | The Auditor General may also conduct an audit, when |
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1 | | authorized by
the Legislative Audit Commission, of any hospital |
2 | | which receives 10% or
more of its gross revenues from payments |
3 | | from the State of Illinois,
Department of Healthcare and Family |
4 | | Services (formerly Department of Public Aid), Medical |
5 | | Assistance Program.
|
6 | | The Auditor General is authorized to conduct financial and |
7 | | compliance
audits of the Illinois Distance Learning Foundation |
8 | | and the Illinois
Conservation Foundation.
|
9 | | As soon as practical after the effective date of this |
10 | | amendatory Act of
1995, the Auditor General shall conduct a |
11 | | compliance and management audit of
the City of
Chicago and any |
12 | | other entity with regard to the operation of Chicago O'Hare
|
13 | | International Airport, Chicago Midway Airport and Merrill C. |
14 | | Meigs Field. The
audit shall include, but not be limited to, an |
15 | | examination of revenues,
expenses, and transfers of funds; |
16 | | purchasing and contracting policies and
practices; staffing |
17 | | levels; and hiring practices and procedures. When
completed, |
18 | | the audit required by this paragraph shall be distributed in
|
19 | | accordance with Section 3-14.
|
20 | | The Auditor General shall conduct a financial and |
21 | | compliance and program
audit of distributions from the |
22 | | Municipal Economic Development Fund
during the immediately |
23 | | preceding calendar year pursuant to Section 8-403.1 of
the |
24 | | Public Utilities Act at no cost to the city, village, or |
25 | | incorporated town
that received the distributions.
|
26 | | The Auditor General must conduct an audit of the Health |
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1 | | Facilities and Services Review Board pursuant to Section 19.5 |
2 | | of the Illinois Health Facilities Planning
Act.
|
3 | | The Auditor General must conduct an audit of the Chicago |
4 | | Casino Development Authority pursuant to Section 1-60 of the |
5 | | Chicago Casino Development Authority Act. |
6 | | The Auditor General of the State of Illinois shall annually |
7 | | conduct or
cause to be conducted a financial and compliance |
8 | | audit of the books and records
of any county water commission |
9 | | organized pursuant to the Water Commission Act
of 1985 and |
10 | | shall file a copy of the report of that audit with the Governor |
11 | | and
the Legislative Audit Commission. The filed audit shall be |
12 | | open to the public
for inspection. The cost of the audit shall |
13 | | be charged to the county water
commission in accordance with |
14 | | Section 6z-27 of the State Finance Act. The
county water |
15 | | commission shall make available to the Auditor General its |
16 | | books
and records and any other documentation, whether in the |
17 | | possession of its
trustees or other parties, necessary to |
18 | | conduct the audit required. These
audit requirements apply only |
19 | | through July 1, 2007.
|
20 | | The Auditor General must conduct audits of the Rend Lake |
21 | | Conservancy
District as provided in Section 25.5 of the River |
22 | | Conservancy Districts Act.
|
23 | | The Auditor General must conduct financial audits of the |
24 | | Southeastern Illinois Economic Development Authority as |
25 | | provided in Section 70 of the Southeastern Illinois Economic |
26 | | Development Authority Act.
|
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1 | | The Auditor General shall conduct a compliance audit in |
2 | | accordance with subsections (d) and (f) of Section 30 of the |
3 | | Innovation Development and Economy Act. |
4 | | (Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09; |
5 | | 96-939, eff. 6-24-10.)
|
6 | | Section 90-15. The State Finance Act is amended by adding |
7 | | Sections 5.878, 5.879, 5.880, and 6z-102 and by changing |
8 | | Section 6z-45 as follows: |
9 | | (30 ILCS 105/5.878 new) |
10 | | Sec. 5.878. The Gaming Facilities Fee Revenue Fund. |
11 | | (30 ILCS 105/5.879 new) |
12 | | Sec. 5.879. The Depressed Communities Economic Development |
13 | | Fund. |
14 | | (30 ILCS 105/5.880 new) |
15 | | Sec. 5.880. The Latino Community Economic Development |
16 | | Fund.
|
17 | | (30 ILCS 105/6z-45)
|
18 | | Sec. 6z-45. The School Infrastructure Fund.
|
19 | | (a) The School Infrastructure Fund is created as a special |
20 | | fund
in the State Treasury.
|
21 | | In addition to any other deposits authorized by law, |
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1 | | beginning January
1, 2000, on the first day of each month, or |
2 | | as soon thereafter as may be
practical, the State Treasurer and |
3 | | State Comptroller shall transfer the sum of
$5,000,000 from the |
4 | | General Revenue Fund to the School Infrastructure Fund, except |
5 | | that, notwithstanding any other provision of law, and in |
6 | | addition to any other transfers that may be provided for by |
7 | | law, before June 30, 2012, the Comptroller and the Treasurer |
8 | | shall transfer $45,000,000 from the General Revenue Fund into |
9 | | the School Infrastructure Fund, and, for fiscal year 2013 only, |
10 | | the Treasurer and the Comptroller shall transfer $1,250,000 |
11 | | from the General Revenue Fund to the School Infrastructure Fund |
12 | | on the first day of each month;
provided, however, that no such |
13 | | transfers shall be made from July 1, 2001
through June 30, |
14 | | 2003.
|
15 | | (b) Subject to the transfer provisions set forth below, |
16 | | money in the
School Infrastructure Fund shall, if and when the |
17 | | State of Illinois incurs
any bonded indebtedness for the |
18 | | construction of school improvements under
the School |
19 | | Construction Law, be set aside and used for the purpose of
|
20 | | paying and discharging annually the principal and interest on |
21 | | that bonded
indebtedness then due and payable, and for no other |
22 | | purpose.
|
23 | | In addition to other transfers to the General Obligation |
24 | | Bond Retirement and
Interest Fund made pursuant to Section 15 |
25 | | of the General Obligation Bond Act,
upon each delivery of bonds |
26 | | issued for construction of school improvements
under the School |
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1 | | Construction Law, the State Comptroller shall
compute and |
2 | | certify to the State Treasurer the total amount of principal |
3 | | of,
interest on, and premium, if any, on such bonds during the |
4 | | then current and
each succeeding fiscal year.
With respect to |
5 | | the interest payable on variable rate bonds, such
|
6 | | certifications shall be calculated at the maximum rate of |
7 | | interest that
may be payable during the fiscal year, after |
8 | | taking into account any credits
permitted in the related |
9 | | indenture or other instrument against the amount of
such |
10 | | interest required to be appropriated for that period.
|
11 | | On or before the last day of each month, the State |
12 | | Treasurer and State
Comptroller shall transfer from the School |
13 | | Infrastructure Fund to the General
Obligation Bond Retirement |
14 | | and Interest Fund an amount sufficient to pay the
aggregate of |
15 | | the principal of, interest on, and premium, if any, on the |
16 | | bonds
payable on their next payment date, divided by the number |
17 | | of monthly transfers
occurring between the last previous |
18 | | payment date (or the delivery date if no
payment date has yet |
19 | | occurred) and the next succeeding payment date.
Interest |
20 | | payable on variable rate bonds shall be calculated at the |
21 | | maximum
rate of interest that may be payable for the relevant |
22 | | period, after taking into
account any credits permitted in the |
23 | | related indenture or other instrument
against the amount of |
24 | | such interest required to be appropriated for that
period.
|
25 | | Interest for which moneys have already been deposited into the |
26 | | capitalized
interest account within the General Obligation |
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1 | | Bond Retirement and Interest
Fund shall not be included in the |
2 | | calculation of the amounts to be transferred
under this |
3 | | subsection.
|
4 | | (b-5) The money deposited into the School Infrastructure |
5 | | Fund from transfers pursuant to subsections (c-30) and (c-35) |
6 | | of Section 13 of the Illinois Riverboat Gambling Act shall be |
7 | | applied, without further direction, as provided in subsection |
8 | | (b-3) of Section 5-35 of the School Construction Law. |
9 | | (c) The surplus, if any, in the School Infrastructure Fund |
10 | | after payments made pursuant to subsections (b) and (b-5) of |
11 | | this Section shall, subject to appropriation, be used as |
12 | | follows:
|
13 | | First - to make 3 payments to the School Technology |
14 | | Revolving Loan Fund as
follows:
|
15 | | Transfer of $30,000,000 in fiscal year 1999;
|
16 | | Transfer of $20,000,000 in fiscal year 2000; and
|
17 | | Transfer of $10,000,000 in fiscal year 2001.
|
18 | | Second - to pay the expenses of the State Board of |
19 | | Education and the Capital
Development Board in administering |
20 | | programs under the School Construction
Law, the total expenses |
21 | | not to exceed $1,200,000 in any
fiscal year.
|
22 | | Third - to pay any amounts due for grants for school |
23 | | construction projects
and debt service under the School |
24 | | Construction Law.
|
25 | | Fourth - to pay any amounts due for grants for school |
26 | | maintenance projects
under the School Construction Law.
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1 | | (Source: P.A. 97-732, eff. 6-30-12; 98-18, eff. 6-7-13.)
|
2 | | (30 ILCS 105/6z-102 new) |
3 | | Sec. 6z-102. The Gaming Facilities Fee Revenue Fund. |
4 | | (a) The Gaming Facilities Fee Revenue Fund is created as a |
5 | | special fund in the State treasury. |
6 | | (b) The revenues in the Fund shall be used, subject to |
7 | | appropriation, by the Comptroller for the purpose of (i) |
8 | | providing appropriations to the Illinois Gaming Board for the |
9 | | administration and enforcement of the Illinois Gambling Act and |
10 | | the applicable provisions of the Chicago Casino Development |
11 | | Authority Act and (ii) payment of vouchers that are outstanding |
12 | | for more than 60 days. Whenever practical, the Comptroller must |
13 | | prioritize voucher payments for expenses related to medical |
14 | | assistance under the Illinois Public Aid Code, the Children's |
15 | | Health Insurance Program Act, and the Covering ALL KIDS Health |
16 | | Insurance 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 |
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1 | | under subsection (h) of Section 8 of this Act. |
2 | | Section 90-20. The Illinois Income Tax Act is amended by |
3 | | changing Sections 201, 303, 304 and 710 as follows: |
4 | | (35 ILCS 5/201) (from Ch. 120, par. 2-201) |
5 | | Sec. 201. Tax Imposed. |
6 | | (a) In general. A tax measured by net income is hereby |
7 | | imposed on every
individual, corporation, trust and estate for |
8 | | each taxable year ending
after July 31, 1969 on the privilege |
9 | | of earning or receiving income in or
as a resident of this |
10 | | State. Such tax shall be in addition to all other
occupation or |
11 | | privilege taxes imposed by this State or by any municipal
|
12 | | corporation or political subdivision thereof. |
13 | | (b) Rates. The tax imposed by subsection (a) of this |
14 | | Section shall be
determined as follows, except as adjusted by |
15 | | subsection (d-1): |
16 | | (1) In the case of an individual, trust or estate, for |
17 | | taxable years
ending prior to July 1, 1989, an amount equal |
18 | | to 2 1/2% of the taxpayer's
net income for the taxable |
19 | | year. |
20 | | (2) In the case of an individual, trust or estate, for |
21 | | taxable years
beginning prior to July 1, 1989 and ending |
22 | | after June 30, 1989, an amount
equal to the sum of (i) 2 |
23 | | 1/2% of the taxpayer's net income for the period
prior to |
24 | | July 1, 1989, as calculated under Section 202.3, and (ii) |
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1 | | 3% of the
taxpayer's net income for the period after June |
2 | | 30, 1989, as calculated
under Section 202.3. |
3 | | (3) In the case of an individual, trust or estate, for |
4 | | taxable years
beginning after June 30, 1989, and ending |
5 | | prior to January 1, 2011, an amount equal to 3% of the |
6 | | taxpayer's net
income for the taxable year. |
7 | | (4) In the case of an individual, trust, or estate, for |
8 | | taxable years beginning prior to January 1, 2011, and |
9 | | ending after December 31, 2010, an amount equal to the sum |
10 | | of (i) 3% of the taxpayer's net income for the period prior |
11 | | to January 1, 2011, as calculated under Section 202.5, and |
12 | | (ii) 5% of the taxpayer's net income for the period after |
13 | | December 31, 2010, as calculated under Section 202.5. |
14 | | (5) In the case of an individual, trust, or estate, for |
15 | | taxable years beginning on or after January 1, 2011, and |
16 | | ending prior to January 1, 2015, an amount equal to 5% of |
17 | | the taxpayer's net income for the taxable year. |
18 | | (5.1) In the case of an individual, trust, or estate, |
19 | | for taxable years beginning prior to January 1, 2015, and |
20 | | ending after December 31, 2014, an amount equal to the sum |
21 | | of (i) 5% of the taxpayer's net income for the period prior |
22 | | to January 1, 2015, as calculated under Section 202.5, and |
23 | | (ii) 3.75% of the taxpayer's net income for the period |
24 | | after December 31, 2014, as calculated under Section 202.5. |
25 | | (5.2) In the case of an individual, trust, or estate, |
26 | | for taxable years beginning on or after January 1, 2015, |
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1 | | and ending prior to January 1, 2025, an amount equal to |
2 | | 3.75% of the taxpayer's net income for the taxable year. |
3 | | (5.3) In the case of an individual, trust, or estate, |
4 | | for taxable years beginning prior to January 1, 2025, and |
5 | | ending after December 31, 2024, an amount equal to the sum |
6 | | of (i) 3.75% of the taxpayer's net income for the period |
7 | | prior to January 1, 2025, as calculated under Section |
8 | | 202.5, and (ii) 3.25% of the taxpayer's net income for the |
9 | | period after December 31, 2024, as calculated under Section |
10 | | 202.5. |
11 | | (5.4) In the case of an individual, trust, or estate, |
12 | | for taxable years beginning on or after January 1, 2025, an |
13 | | amount equal to 3.25% of the taxpayer's net income for the |
14 | | taxable year. |
15 | | (6) In the case of a corporation, for taxable years
|
16 | | ending prior to July 1, 1989, an amount equal to 4% of the
|
17 | | taxpayer's net income for the taxable year. |
18 | | (7) In the case of a corporation, for taxable years |
19 | | beginning prior to
July 1, 1989 and ending after June 30, |
20 | | 1989, an amount equal to the sum of
(i) 4% of the |
21 | | taxpayer's net income for the period prior to July 1, 1989,
|
22 | | as calculated under Section 202.3, and (ii) 4.8% of the |
23 | | taxpayer's net
income for the period after June 30, 1989, |
24 | | as calculated under Section
202.3. |
25 | | (8) In the case of a corporation, for taxable years |
26 | | beginning after
June 30, 1989, and ending prior to January |
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1 | | 1, 2011, an amount equal to 4.8% of the taxpayer's net |
2 | | income for the
taxable year. |
3 | | (9) In the case of a corporation, for taxable years |
4 | | beginning prior to January 1, 2011, and ending after |
5 | | December 31, 2010, an amount equal to the sum of (i) 4.8% |
6 | | of the taxpayer's net income for the period prior to |
7 | | January 1, 2011, as calculated under Section 202.5, and |
8 | | (ii) 7% of the taxpayer's net income for the period after |
9 | | December 31, 2010, as calculated under Section 202.5. |
10 | | (10) In the case of a corporation, for taxable years |
11 | | beginning on or after January 1, 2011, and ending prior to |
12 | | January 1, 2015, an amount equal to 7% of the taxpayer's |
13 | | net income for the taxable year. |
14 | | (11) In the case of a corporation, for taxable years |
15 | | beginning prior to January 1, 2015, and ending after |
16 | | December 31, 2014, an amount equal to the sum of (i) 7% of |
17 | | the taxpayer's net income for the period prior to January |
18 | | 1, 2015, as calculated under Section 202.5, and (ii) 5.25% |
19 | | of the taxpayer's net income for the period after December |
20 | | 31, 2014, as calculated under Section 202.5. |
21 | | (12) In the case of a corporation, for taxable years |
22 | | beginning on or after January 1, 2015, and ending prior to |
23 | | January 1, 2025, an amount equal to 5.25% of the taxpayer's |
24 | | net income for the taxable year. |
25 | | (13) In the case of a corporation, for taxable years |
26 | | beginning prior to January 1, 2025, and ending after |
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1 | | December 31, 2024, an amount equal to the sum of (i) 5.25% |
2 | | of the taxpayer's net income for the period prior to |
3 | | January 1, 2025, as calculated under Section 202.5, and |
4 | | (ii) 4.8% of the taxpayer's net income for the period after |
5 | | December 31, 2024, as calculated under Section 202.5. |
6 | | (14) In the case of a corporation, for taxable years |
7 | | beginning on or after January 1, 2025, an amount equal to |
8 | | 4.8% of the taxpayer's net income for the taxable year. |
9 | | The rates under this subsection (b) are subject to the |
10 | | provisions of Section 201.5. |
11 | | (b-5) Surcharge; sale or exchange of assets, properties, |
12 | | and intangibles of electronic gaming licensees. For each of |
13 | | taxable years 2017 through 2025, a surcharge is imposed on all |
14 | | taxpayers on income arising from the sale or exchange of |
15 | | capital assets, depreciable business property, real property |
16 | | used in the trade or business, and Section 197 intangibles (i) |
17 | | of an organization licensee under the Illinois Horse Racing Act |
18 | | of 1975 and (ii) of an electronic gaming licensee under the |
19 | | Illinois Gambling Act. The amount of the surcharge is equal to |
20 | | the amount of federal income tax liability for the taxable year |
21 | | attributable to those sales and exchanges. The surcharge |
22 | | imposed shall not apply if: |
23 | | (1) the electronic gaming license, organization |
24 | | license, or race track property is transferred as a result |
25 | | of any of the following: |
26 | | (A) bankruptcy, a receivership, or a debt |
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1 | | adjustment initiated by or against the initial |
2 | | licensee or the substantial owners of the initial |
3 | | licensee; |
4 | | (B) cancellation, revocation, or termination of |
5 | | any such license by the Illinois Gaming Board or the |
6 | | Illinois Racing Board; |
7 | | (C) a determination by the Illinois Gaming Board |
8 | | that transfer of the license is in the best interests |
9 | | of Illinois gaming; |
10 | | (D) the death of an owner of the equity interest in |
11 | | a licensee; |
12 | | (E) the acquisition of a controlling interest in |
13 | | the stock or substantially all of the assets of a |
14 | | publicly traded company; |
15 | | (F) a transfer by a parent company to a wholly |
16 | | owned subsidiary; or |
17 | | (G) the transfer or sale to or by one person to |
18 | | another person where both persons were initial owners |
19 | | of the license when the license was issued; or |
20 | | (2) the controlling interest in the electronic gaming |
21 | | license, organization license, or race track property is |
22 | | transferred in a transaction to lineal descendants in which |
23 | | no gain or loss is recognized or as a result of a |
24 | | transaction in accordance with Section 351 of the Internal |
25 | | Revenue Code in which no gain or loss is recognized; or |
26 | | (3) live horse racing was not conducted in 2011 under a |
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1 | | license issued pursuant to the Illinois Horse Racing Act of |
2 | | 1975. |
3 | | The transfer of an electronic gaming license, organization |
4 | | license, or race track property by a person other than the |
5 | | initial licensee to receive the electronic gaming license is |
6 | | not subject to a surcharge. The Department shall adopt rules |
7 | | necessary to implement and administer this subsection. |
8 | | (c) Personal Property Tax Replacement Income Tax.
|
9 | | Beginning on July 1, 1979 and thereafter, in addition to such |
10 | | income
tax, there is also hereby imposed the Personal Property |
11 | | Tax Replacement
Income Tax measured by net income on every |
12 | | corporation (including Subchapter
S corporations), partnership |
13 | | and trust, for each taxable year ending after
June 30, 1979. |
14 | | Such taxes are imposed on the privilege of earning or
receiving |
15 | | income in or as a resident of this State. The Personal Property
|
16 | | Tax Replacement Income Tax shall be in addition to the income |
17 | | tax imposed
by subsections (a) and (b) of this Section and in |
18 | | addition to all other
occupation or privilege taxes imposed by |
19 | | this State or by any municipal
corporation or political |
20 | | subdivision thereof. |
21 | | (d) Additional Personal Property Tax Replacement Income |
22 | | Tax Rates.
The personal property tax replacement income tax |
23 | | imposed by this subsection
and subsection (c) of this Section |
24 | | in the case of a corporation, other
than a Subchapter S |
25 | | corporation and except as adjusted by subsection (d-1),
shall |
26 | | be an additional amount equal to
2.85% of such taxpayer's net |
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1 | | income for the taxable year, except that
beginning on January |
2 | | 1, 1981, and thereafter, the rate of 2.85% specified
in this |
3 | | subsection shall be reduced to 2.5%, and in the case of a
|
4 | | partnership, trust or a Subchapter S corporation shall be an |
5 | | additional
amount equal to 1.5% of such taxpayer's net income |
6 | | for the taxable year. |
7 | | (d-1) Rate reduction for certain foreign insurers. In the |
8 | | case of a
foreign insurer, as defined by Section 35A-5 of the |
9 | | Illinois Insurance Code,
whose state or country of domicile |
10 | | imposes on insurers domiciled in Illinois
a retaliatory tax |
11 | | (excluding any insurer
whose premiums from reinsurance assumed |
12 | | are 50% or more of its total insurance
premiums as determined |
13 | | under paragraph (2) of subsection (b) of Section 304,
except |
14 | | that for purposes of this determination premiums from |
15 | | reinsurance do
not include premiums from inter-affiliate |
16 | | reinsurance arrangements),
beginning with taxable years ending |
17 | | on or after December 31, 1999,
the sum of
the rates of tax |
18 | | imposed by subsections (b) and (d) shall be reduced (but not
|
19 | | increased) to the rate at which the total amount of tax imposed |
20 | | under this Act,
net of all credits allowed under this Act, |
21 | | shall equal (i) the total amount of
tax that would be imposed |
22 | | on the foreign insurer's net income allocable to
Illinois for |
23 | | the taxable year by such foreign insurer's state or country of
|
24 | | domicile if that net income were subject to all income taxes |
25 | | and taxes
measured by net income imposed by such foreign |
26 | | insurer's state or country of
domicile, net of all credits |
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1 | | allowed or (ii) a rate of zero if no such tax is
imposed on such |
2 | | income by the foreign insurer's state of domicile.
For the |
3 | | purposes of this subsection (d-1), an inter-affiliate includes |
4 | | a
mutual insurer under common management. |
5 | | (1) For the purposes of subsection (d-1), in no event |
6 | | shall the sum of the
rates of tax imposed by subsections |
7 | | (b) and (d) be reduced below the rate at
which the sum of: |
8 | | (A) the total amount of tax imposed on such foreign |
9 | | insurer under
this Act for a taxable year, net of all |
10 | | credits allowed under this Act, plus |
11 | | (B) the privilege tax imposed by Section 409 of the |
12 | | Illinois Insurance
Code, the fire insurance company |
13 | | tax imposed by Section 12 of the Fire
Investigation |
14 | | Act, and the fire department taxes imposed under |
15 | | Section 11-10-1
of the Illinois Municipal Code, |
16 | | equals 1.25% for taxable years ending prior to December 31, |
17 | | 2003, or
1.75% for taxable years ending on or after |
18 | | December 31, 2003, of the net
taxable premiums written for |
19 | | the taxable year,
as described by subsection (1) of Section |
20 | | 409 of the Illinois Insurance Code.
This paragraph will in |
21 | | no event increase the rates imposed under subsections
(b) |
22 | | and (d). |
23 | | (2) Any reduction in the rates of tax imposed by this |
24 | | subsection shall be
applied first against the rates imposed |
25 | | by subsection (b) and only after the
tax imposed by |
26 | | subsection (a) net of all credits allowed under this |
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1 | | Section
other than the credit allowed under subsection (i) |
2 | | has been reduced to zero,
against the rates imposed by |
3 | | subsection (d). |
4 | | This subsection (d-1) is exempt from the provisions of |
5 | | Section 250. |
6 | | (e) Investment credit. A taxpayer shall be allowed a credit
|
7 | | against the Personal Property Tax Replacement Income Tax for
|
8 | | investment in qualified property. |
9 | | (1) A taxpayer shall be allowed a credit equal to .5% |
10 | | of
the basis of qualified property placed in service during |
11 | | the taxable year,
provided such property is placed in |
12 | | service on or after
July 1, 1984. There shall be allowed an |
13 | | additional credit equal
to .5% of the basis of qualified |
14 | | property placed in service during the
taxable year, |
15 | | provided such property is placed in service on or
after |
16 | | July 1, 1986, and the taxpayer's base employment
within |
17 | | Illinois has increased by 1% or more over the preceding |
18 | | year as
determined by the taxpayer's employment records |
19 | | filed with the
Illinois Department of Employment Security. |
20 | | Taxpayers who are new to
Illinois shall be deemed to have |
21 | | met the 1% growth in base employment for
the first year in |
22 | | which they file employment records with the Illinois
|
23 | | Department of Employment Security. The provisions added to |
24 | | this Section by
Public Act 85-1200 (and restored by Public |
25 | | Act 87-895) shall be
construed as declaratory of existing |
26 | | law and not as a new enactment. If,
in any year, the |
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1 | | increase in base employment within Illinois over the
|
2 | | preceding year is less than 1%, the additional credit shall |
3 | | be limited to that
percentage times a fraction, the |
4 | | numerator of which is .5% and the denominator
of which is |
5 | | 1%, but shall not exceed .5%. The investment credit shall |
6 | | not be
allowed to the extent that it would reduce a |
7 | | taxpayer's liability in any tax
year below zero, nor may |
8 | | any credit for qualified property be allowed for any
year |
9 | | other than the year in which the property was placed in |
10 | | service in
Illinois. For tax years ending on or after |
11 | | December 31, 1987, and on or
before December 31, 1988, the |
12 | | credit shall be allowed for the tax year in
which the |
13 | | property is placed in service, or, if the amount of the |
14 | | credit
exceeds the tax liability for that year, whether it |
15 | | exceeds the original
liability or the liability as later |
16 | | amended, such excess may be carried
forward and applied to |
17 | | the tax liability of the 5 taxable years following
the |
18 | | excess credit years if the taxpayer (i) makes investments |
19 | | which cause
the creation of a minimum of 2,000 full-time |
20 | | equivalent jobs in Illinois,
(ii) is located in an |
21 | | enterprise zone established pursuant to the Illinois
|
22 | | Enterprise Zone Act and (iii) is certified by the |
23 | | Department of Commerce
and Community Affairs (now |
24 | | Department of Commerce and Economic Opportunity) as |
25 | | complying with the requirements specified in
clause (i) and |
26 | | (ii) by July 1, 1986. The Department of Commerce and
|
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1 | | Community Affairs (now Department of Commerce and Economic |
2 | | Opportunity) shall notify the Department of Revenue of all |
3 | | such
certifications immediately. For tax years ending |
4 | | after December 31, 1988,
the credit shall be allowed for |
5 | | the tax year in which the property is
placed in service, |
6 | | or, if the amount of the credit exceeds the tax
liability |
7 | | for that year, whether it exceeds the original liability or |
8 | | the
liability as later amended, such excess may be carried |
9 | | forward and applied
to the tax liability of the 5 taxable |
10 | | years following the excess credit
years. The credit shall |
11 | | be applied to the earliest year for which there is
a |
12 | | liability. If there is credit from more than one tax year |
13 | | that is
available to offset a liability, earlier credit |
14 | | shall be applied first. |
15 | | (2) The term "qualified property" means property |
16 | | which: |
17 | | (A) is tangible, whether new or used, including |
18 | | buildings and structural
components of buildings and |
19 | | signs that are real property, but not including
land or |
20 | | improvements to real property that are not a structural |
21 | | component of a
building such as landscaping, sewer |
22 | | lines, local access roads, fencing, parking
lots, and |
23 | | other appurtenances; |
24 | | (B) is depreciable pursuant to Section 167 of the |
25 | | Internal Revenue Code,
except that "3-year property" |
26 | | as defined in Section 168(c)(2)(A) of that
Code is not |
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1 | | eligible for the credit provided by this subsection |
2 | | (e); |
3 | | (C) is acquired by purchase as defined in Section |
4 | | 179(d) of
the Internal Revenue Code; |
5 | | (D) is used in Illinois by a taxpayer who is |
6 | | primarily engaged in
manufacturing, or in mining coal |
7 | | or fluorite, or in retailing, or was placed in service |
8 | | on or after July 1, 2006 in a River Edge Redevelopment |
9 | | Zone established pursuant to the River Edge |
10 | | Redevelopment Zone Act; and |
11 | | (E) has not previously been used in Illinois in |
12 | | such a manner and by
such a person as would qualify for |
13 | | the credit provided by this subsection
(e) or |
14 | | subsection (f). |
15 | | (3) For purposes of this subsection (e), |
16 | | "manufacturing" means
the material staging and production |
17 | | of tangible personal property by
procedures commonly |
18 | | regarded as manufacturing, processing, fabrication, or
|
19 | | assembling which changes some existing material into new |
20 | | shapes, new
qualities, or new combinations. For purposes of |
21 | | this subsection
(e) the term "mining" shall have the same |
22 | | meaning as the term "mining" in
Section 613(c) of the |
23 | | Internal Revenue Code. For purposes of this subsection
(e), |
24 | | the term "retailing" means the sale of tangible personal |
25 | | property for use or consumption and not for resale, or
|
26 | | services rendered in conjunction with the sale of tangible |
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1 | | personal property for use or consumption and not for |
2 | | resale. For purposes of this subsection (e), "tangible |
3 | | personal property" has the same meaning as when that term |
4 | | is used in the Retailers' Occupation Tax Act, and, for |
5 | | taxable years ending after December 31, 2008, does not |
6 | | include the generation, transmission, or distribution of |
7 | | electricity. |
8 | | (4) The basis of qualified property shall be the basis
|
9 | | used to compute the depreciation deduction for federal |
10 | | income tax purposes. |
11 | | (5) If the basis of the property for federal income tax |
12 | | depreciation
purposes is increased after it has been placed |
13 | | in service in Illinois by
the taxpayer, the amount of such |
14 | | increase shall be deemed property placed
in service on the |
15 | | date of such increase in basis. |
16 | | (6) The term "placed in service" shall have the same
|
17 | | meaning as under Section 46 of the Internal Revenue Code. |
18 | | (7) If during any taxable year, any property ceases to
|
19 | | be qualified property in the hands of the taxpayer within |
20 | | 48 months after
being placed in service, or the situs of |
21 | | any qualified property is
moved outside Illinois within 48 |
22 | | months after being placed in service, the
Personal Property |
23 | | Tax Replacement Income Tax for such taxable year shall be
|
24 | | increased. Such increase shall be determined by (i) |
25 | | recomputing the
investment credit which would have been |
26 | | allowed for the year in which
credit for such property was |
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1 | | originally allowed by eliminating such
property from such |
2 | | computation and, (ii) subtracting such recomputed credit
|
3 | | from the amount of credit previously allowed. For the |
4 | | purposes of this
paragraph (7), a reduction of the basis of |
5 | | qualified property resulting
from a redetermination of the |
6 | | purchase price shall be deemed a disposition
of qualified |
7 | | property to the extent of such reduction. |
8 | | (8) Unless the investment credit is extended by law, |
9 | | the
basis of qualified property shall not include costs |
10 | | incurred after
December 31, 2018, except for costs incurred |
11 | | pursuant to a binding
contract entered into on or before |
12 | | December 31, 2018. |
13 | | (9) Each taxable year ending before December 31, 2000, |
14 | | a partnership may
elect to pass through to its
partners the |
15 | | credits to which the partnership is entitled under this |
16 | | subsection
(e) for the taxable year. A partner may use the |
17 | | credit allocated to him or her
under this paragraph only |
18 | | against the tax imposed in subsections (c) and (d) of
this |
19 | | Section. If the partnership makes that election, those |
20 | | credits shall be
allocated among the partners in the |
21 | | partnership in accordance with the rules
set forth in |
22 | | Section 704(b) of the Internal Revenue Code, and the rules
|
23 | | promulgated under that Section, and the allocated amount of |
24 | | the credits shall
be allowed to the partners for that |
25 | | taxable year. The partnership shall make
this election on |
26 | | its Personal Property Tax Replacement Income Tax return for
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1 | | that taxable year. The election to pass through the credits |
2 | | shall be
irrevocable. |
3 | | For taxable years ending on or after December 31, 2000, |
4 | | a
partner that qualifies its
partnership for a subtraction |
5 | | under subparagraph (I) of paragraph (2) of
subsection (d) |
6 | | of Section 203 or a shareholder that qualifies a Subchapter |
7 | | S
corporation for a subtraction under subparagraph (S) of |
8 | | paragraph (2) of
subsection (b) of Section 203 shall be |
9 | | allowed a credit under this subsection
(e) equal to its |
10 | | share of the credit earned under this subsection (e) during
|
11 | | the taxable year by the partnership or Subchapter S |
12 | | corporation, determined in
accordance with the |
13 | | determination of income and distributive share of
income |
14 | | under Sections 702 and 704 and Subchapter S of the Internal |
15 | | Revenue
Code. This paragraph is exempt from the provisions |
16 | | of Section 250. |
17 | | (f) Investment credit; Enterprise Zone; River Edge |
18 | | Redevelopment Zone. |
19 | | (1) A taxpayer shall be allowed a credit against the |
20 | | tax imposed
by subsections (a) and (b) of this Section for |
21 | | investment in qualified
property which is placed in service |
22 | | in an Enterprise Zone created
pursuant to the Illinois |
23 | | Enterprise Zone Act or, for property placed in service on |
24 | | or after July 1, 2006, a River Edge Redevelopment Zone |
25 | | established pursuant to the River Edge Redevelopment Zone |
26 | | Act. For partners, shareholders
of Subchapter S |
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1 | | corporations, and owners of limited liability companies,
|
2 | | if the liability company is treated as a partnership for |
3 | | purposes of
federal and State income taxation, there shall |
4 | | be allowed a credit under
this subsection (f) to be |
5 | | determined in accordance with the determination
of income |
6 | | and distributive share of income under Sections 702 and 704 |
7 | | and
Subchapter S of the Internal Revenue Code. The credit |
8 | | shall be .5% of the
basis for such property. The credit |
9 | | shall be available only in the taxable
year in which the |
10 | | property is placed in service in the Enterprise Zone or |
11 | | River Edge Redevelopment Zone and
shall not be allowed to |
12 | | the extent that it would reduce a taxpayer's
liability for |
13 | | the tax imposed by subsections (a) and (b) of this Section |
14 | | to
below zero. For tax years ending on or after December |
15 | | 31, 1985, the credit
shall be allowed for the tax year in |
16 | | which the property is placed in
service, or, if the amount |
17 | | of the credit exceeds the tax liability for that
year, |
18 | | whether it exceeds the original liability or the liability |
19 | | as later
amended, such excess may be carried forward and |
20 | | applied to the tax
liability of the 5 taxable years |
21 | | following the excess credit year.
The credit shall be |
22 | | applied to the earliest year for which there is a
|
23 | | liability. If there is credit from more than one tax year |
24 | | that is available
to offset a liability, the credit |
25 | | accruing first in time shall be applied
first. |
26 | | (2) The term qualified property means property which: |
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1 | | (A) is tangible, whether new or used, including |
2 | | buildings and
structural components of buildings; |
3 | | (B) is depreciable pursuant to Section 167 of the |
4 | | Internal Revenue
Code, except that "3-year property" |
5 | | as defined in Section 168(c)(2)(A) of
that Code is not |
6 | | eligible for the credit provided by this subsection |
7 | | (f); |
8 | | (C) is acquired by purchase as defined in Section |
9 | | 179(d) of
the Internal Revenue Code; |
10 | | (D) is used in the Enterprise Zone or River Edge |
11 | | Redevelopment Zone by the taxpayer; and |
12 | | (E) has not been previously used in Illinois in |
13 | | such a manner and by
such a person as would qualify for |
14 | | the credit provided by this subsection
(f) or |
15 | | subsection (e). |
16 | | (3) The basis of qualified property shall be the basis |
17 | | used to compute
the depreciation deduction for federal |
18 | | income tax purposes. |
19 | | (4) If the basis of the property for federal income tax |
20 | | depreciation
purposes is increased after it has been placed |
21 | | in service in the Enterprise
Zone or River Edge |
22 | | Redevelopment Zone by the taxpayer, the amount of such |
23 | | increase shall be deemed property
placed in service on the |
24 | | date of such increase in basis. |
25 | | (5) The term "placed in service" shall have the same |
26 | | meaning as under
Section 46 of the Internal Revenue Code. |
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1 | | (6) If during any taxable year, any property ceases to |
2 | | be qualified
property in the hands of the taxpayer within |
3 | | 48 months after being placed
in service, or the situs of |
4 | | any qualified property is moved outside the
Enterprise Zone |
5 | | or River Edge Redevelopment Zone within 48 months after |
6 | | being placed in service, the tax
imposed under subsections |
7 | | (a) and (b) of this Section for such taxable year
shall be |
8 | | increased. Such increase shall be determined by (i) |
9 | | recomputing
the investment credit which would have been |
10 | | allowed for the year in which
credit for such property was |
11 | | originally allowed by eliminating such
property from such |
12 | | computation, and (ii) subtracting such recomputed credit
|
13 | | from the amount of credit previously allowed. For the |
14 | | purposes of this
paragraph (6), a reduction of the basis of |
15 | | qualified property resulting
from a redetermination of the |
16 | | purchase price shall be deemed a disposition
of qualified |
17 | | property to the extent of such reduction. |
18 | | (7) There shall be allowed an additional credit equal |
19 | | to 0.5% of the basis of qualified property placed in |
20 | | service during the taxable year in a River Edge |
21 | | Redevelopment Zone, provided such property is placed in |
22 | | service on or after July 1, 2006, and the taxpayer's base |
23 | | employment within Illinois has increased by 1% or more over |
24 | | the preceding year as determined by the taxpayer's |
25 | | employment records filed with the Illinois Department of |
26 | | Employment Security. Taxpayers who are new to Illinois |
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1 | | shall be deemed to have met the 1% growth in base |
2 | | employment for the first year in which they file employment |
3 | | records with the Illinois Department of Employment |
4 | | Security. If, in any year, the increase in base employment |
5 | | within Illinois over the preceding year is less than 1%, |
6 | | the additional credit shall be limited to that percentage |
7 | | times a fraction, the numerator of which is 0.5% and the |
8 | | denominator of which is 1%, but shall not exceed 0.5%.
|
9 | | (g) (Blank). |
10 | | (h) Investment credit; High Impact Business. |
11 | | (1) Subject to subsections (b) and (b-5) of Section
5.5 |
12 | | of the Illinois Enterprise Zone Act, a taxpayer shall be |
13 | | allowed a credit
against the tax imposed by subsections (a) |
14 | | and (b) of this Section for
investment in qualified
|
15 | | property which is placed in service by a Department of |
16 | | Commerce and Economic Opportunity
designated High Impact |
17 | | Business. The credit shall be .5% of the basis
for such |
18 | | property. The credit shall not be available (i) until the |
19 | | minimum
investments in qualified property set forth in |
20 | | subdivision (a)(3)(A) of
Section 5.5 of the Illinois
|
21 | | Enterprise Zone Act have been satisfied
or (ii) until the |
22 | | time authorized in subsection (b-5) of the Illinois
|
23 | | Enterprise Zone Act for entities designated as High Impact |
24 | | Businesses under
subdivisions (a)(3)(B), (a)(3)(C), and |
25 | | (a)(3)(D) of Section 5.5 of the Illinois
Enterprise Zone |
26 | | Act, and shall not be allowed to the extent that it would
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1 | | reduce a taxpayer's liability for the tax imposed by |
2 | | subsections (a) and (b) of
this Section to below zero. The |
3 | | credit applicable to such investments shall be
taken in the |
4 | | taxable year in which such investments have been completed. |
5 | | The
credit for additional investments beyond the minimum |
6 | | investment by a designated
high impact business authorized |
7 | | under subdivision (a)(3)(A) of Section 5.5 of
the Illinois |
8 | | Enterprise Zone Act shall be available only in the taxable |
9 | | year in
which the property is placed in service and shall |
10 | | not be allowed to the extent
that it would reduce a |
11 | | taxpayer's liability for the tax imposed by subsections
(a) |
12 | | and (b) of this Section to below zero.
For tax years ending |
13 | | on or after December 31, 1987, the credit shall be
allowed |
14 | | for the tax year in which the property is placed in |
15 | | service, or, if
the amount of the credit exceeds the tax |
16 | | liability for that year, whether
it exceeds the original |
17 | | liability or the liability as later amended, such
excess |
18 | | may be carried forward and applied to the tax liability of |
19 | | the 5
taxable years following the excess credit year. The |
20 | | credit shall be
applied to the earliest year for which |
21 | | there is a liability. If there is
credit from more than one |
22 | | tax year that is available to offset a liability,
the |
23 | | credit accruing first in time shall be applied first. |
24 | | Changes made in this subdivision (h)(1) by Public Act |
25 | | 88-670
restore changes made by Public Act 85-1182 and |
26 | | reflect existing law. |
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1 | | (2) The term qualified property means property which: |
2 | | (A) is tangible, whether new or used, including |
3 | | buildings and
structural components of buildings; |
4 | | (B) is depreciable pursuant to Section 167 of the |
5 | | Internal Revenue
Code, except that "3-year property" |
6 | | as defined in Section 168(c)(2)(A) of
that Code is not |
7 | | eligible for the credit provided by this subsection |
8 | | (h); |
9 | | (C) is acquired by purchase as defined in Section |
10 | | 179(d) of the
Internal Revenue Code; and |
11 | | (D) is not eligible for the Enterprise Zone |
12 | | Investment Credit provided
by subsection (f) of this |
13 | | Section. |
14 | | (3) The basis of qualified property shall be the basis |
15 | | used to compute
the depreciation deduction for federal |
16 | | income tax purposes. |
17 | | (4) If the basis of the property for federal income tax |
18 | | depreciation
purposes is increased after it has been placed |
19 | | in service in a federally
designated Foreign Trade Zone or |
20 | | Sub-Zone located in Illinois by the taxpayer,
the amount of |
21 | | such increase shall be deemed property placed in service on
|
22 | | the date of such increase in basis. |
23 | | (5) The term "placed in service" shall have the same |
24 | | meaning as under
Section 46 of the Internal Revenue Code. |
25 | | (6) If during any taxable year ending on or before |
26 | | December 31, 1996,
any property ceases to be qualified
|
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1 | | property in the hands of the taxpayer within 48 months |
2 | | after being placed
in service, or the situs of any |
3 | | qualified property is moved outside
Illinois within 48 |
4 | | months after being placed in service, the tax imposed
under |
5 | | subsections (a) and (b) of this Section for such taxable |
6 | | year shall
be increased. Such increase shall be determined |
7 | | by (i) recomputing the
investment credit which would have |
8 | | been allowed for the year in which
credit for such property |
9 | | was originally allowed by eliminating such
property from |
10 | | such computation, and (ii) subtracting such recomputed |
11 | | credit
from the amount of credit previously allowed. For |
12 | | the purposes of this
paragraph (6), a reduction of the |
13 | | basis of qualified property resulting
from a |
14 | | redetermination of the purchase price shall be deemed a |
15 | | disposition
of qualified property to the extent of such |
16 | | reduction. |
17 | | (7) Beginning with tax years ending after December 31, |
18 | | 1996, if a
taxpayer qualifies for the credit under this |
19 | | subsection (h) and thereby is
granted a tax abatement and |
20 | | the taxpayer relocates its entire facility in
violation of |
21 | | the explicit terms and length of the contract under Section
|
22 | | 18-183 of the Property Tax Code, the tax imposed under |
23 | | subsections
(a) and (b) of this Section shall be increased |
24 | | for the taxable year
in which the taxpayer relocated its |
25 | | facility by an amount equal to the
amount of credit |
26 | | received by the taxpayer under this subsection (h). |
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1 | | (i) Credit for Personal Property Tax Replacement Income |
2 | | Tax.
For tax years ending prior to December 31, 2003, a credit |
3 | | shall be allowed
against the tax imposed by
subsections (a) and |
4 | | (b) of this Section for the tax imposed by subsections (c)
and |
5 | | (d) of this Section. This credit shall be computed by |
6 | | multiplying the tax
imposed by subsections (c) and (d) of this |
7 | | Section by a fraction, the numerator
of which is base income |
8 | | allocable to Illinois and the denominator of which is
Illinois |
9 | | base income, and further multiplying the product by the tax |
10 | | rate
imposed by subsections (a) and (b) of this Section. |
11 | | Any credit earned on or after December 31, 1986 under
this |
12 | | subsection which is unused in the year
the credit is computed |
13 | | because it exceeds the tax liability imposed by
subsections (a) |
14 | | and (b) for that year (whether it exceeds the original
|
15 | | liability or the liability as later amended) may be carried |
16 | | forward and
applied to the tax liability imposed by subsections |
17 | | (a) and (b) of the 5
taxable years following the excess credit |
18 | | year, provided that no credit may
be carried forward to any |
19 | | year ending on or
after December 31, 2003. This credit shall be
|
20 | | applied first to the earliest year for which there is a |
21 | | liability. If
there is a credit under this subsection from more |
22 | | than one tax year that is
available to offset a liability the |
23 | | earliest credit arising under this
subsection shall be applied |
24 | | first. |
25 | | If, during any taxable year ending on or after December 31, |
26 | | 1986, the
tax imposed by subsections (c) and (d) of this |
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1 | | Section for which a taxpayer
has claimed a credit under this |
2 | | subsection (i) is reduced, the amount of
credit for such tax |
3 | | shall also be reduced. Such reduction shall be
determined by |
4 | | recomputing the credit to take into account the reduced tax
|
5 | | imposed by subsections (c) and (d). If any portion of the
|
6 | | reduced amount of credit has been carried to a different |
7 | | taxable year, an
amended return shall be filed for such taxable |
8 | | year to reduce the amount of
credit claimed. |
9 | | (j) Training expense credit. Beginning with tax years |
10 | | ending on or
after December 31, 1986 and prior to December 31, |
11 | | 2003, a taxpayer shall be
allowed a credit against the
tax |
12 | | imposed by subsections (a) and (b) under this Section
for all |
13 | | amounts paid or accrued, on behalf of all persons
employed by |
14 | | the taxpayer in Illinois or Illinois residents employed
outside |
15 | | of Illinois by a taxpayer, for educational or vocational |
16 | | training in
semi-technical or technical fields or semi-skilled |
17 | | or skilled fields, which
were deducted from gross income in the |
18 | | computation of taxable income. The
credit against the tax |
19 | | imposed by subsections (a) and (b) shall be 1.6% of
such |
20 | | training expenses. For partners, shareholders of subchapter S
|
21 | | corporations, and owners of limited liability companies, if the |
22 | | liability
company is treated as a partnership for purposes of |
23 | | federal and State income
taxation, there shall be allowed a |
24 | | credit under this subsection (j) to be
determined in accordance |
25 | | with the determination of income and distributive
share of |
26 | | income under Sections 702 and 704 and subchapter S of the |
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1 | | Internal
Revenue Code. |
2 | | Any credit allowed under this subsection which is unused in |
3 | | the year
the credit is earned may be carried forward to each of |
4 | | the 5 taxable
years following the year for which the credit is |
5 | | first computed until it is
used. This credit shall be applied |
6 | | first to the earliest year for which
there is a liability. If |
7 | | there is a credit under this subsection from more
than one tax |
8 | | year that is available to offset a liability the earliest
|
9 | | credit arising under this subsection shall be applied first. No |
10 | | carryforward
credit may be claimed in any tax year ending on or |
11 | | after
December 31, 2003. |
12 | | (k) Research and development credit. For tax years ending |
13 | | after July 1, 1990 and prior to
December 31, 2003, and |
14 | | beginning again for tax years ending on or after December 31, |
15 | | 2004, and ending prior to January 1, 2016, a taxpayer shall be
|
16 | | allowed a credit against the tax imposed by subsections (a) and |
17 | | (b) of this
Section for increasing research activities in this |
18 | | State. The credit
allowed against the tax imposed by |
19 | | subsections (a) and (b) shall be equal
to 6 1/2% of the |
20 | | qualifying expenditures for increasing research activities
in |
21 | | this State. For partners, shareholders of subchapter S |
22 | | corporations, and
owners of limited liability companies, if the |
23 | | liability company is treated as a
partnership for purposes of |
24 | | federal and State income taxation, there shall be
allowed a |
25 | | credit under this subsection to be determined in accordance |
26 | | with the
determination of income and distributive share of |
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1 | | income under Sections 702 and
704 and subchapter S of the |
2 | | Internal Revenue Code. |
3 | | For purposes of this subsection, "qualifying expenditures" |
4 | | means the
qualifying expenditures as defined for the federal |
5 | | credit for increasing
research activities which would be |
6 | | allowable under Section 41 of the
Internal Revenue Code and |
7 | | which are conducted in this State, "qualifying
expenditures for |
8 | | increasing research activities in this State" means the
excess |
9 | | of qualifying expenditures for the taxable year in which |
10 | | incurred
over qualifying expenditures for the base period, |
11 | | "qualifying expenditures
for the base period" means the average |
12 | | of the qualifying expenditures for
each year in the base |
13 | | period, and "base period" means the 3 taxable years
immediately |
14 | | preceding the taxable year for which the determination is
being |
15 | | made. |
16 | | Any credit in excess of the tax liability for the taxable |
17 | | year
may be carried forward. A taxpayer may elect to have the
|
18 | | unused credit shown on its final completed return carried over |
19 | | as a credit
against the tax liability for the following 5 |
20 | | taxable years or until it has
been fully used, whichever occurs |
21 | | first; provided that no credit earned in a tax year ending |
22 | | prior to December 31, 2003 may be carried forward to any year |
23 | | ending on or after December 31, 2003. |
24 | | If an unused credit is carried forward to a given year from |
25 | | 2 or more
earlier years, that credit arising in the earliest |
26 | | year will be applied
first against the tax liability for the |
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1 | | given year. If a tax liability for
the given year still |
2 | | remains, the credit from the next earliest year will
then be |
3 | | applied, and so on, until all credits have been used or no tax
|
4 | | liability for the given year remains. Any remaining unused |
5 | | credit or
credits then will be carried forward to the next |
6 | | following year in which a
tax liability is incurred, except |
7 | | that no credit can be carried forward to
a year which is more |
8 | | than 5 years after the year in which the expense for
which the |
9 | | credit is given was incurred. |
10 | | No inference shall be drawn from this amendatory Act of the |
11 | | 91st General
Assembly in construing this Section for taxable |
12 | | years beginning before January
1, 1999. |
13 | | (l) Environmental Remediation Tax Credit. |
14 | | (i) For tax years ending after December 31, 1997 and on |
15 | | or before
December 31, 2001, a taxpayer shall be allowed a |
16 | | credit against the tax
imposed by subsections (a) and (b) |
17 | | of this Section for certain amounts paid
for unreimbursed |
18 | | eligible remediation costs, as specified in this |
19 | | subsection.
For purposes of this Section, "unreimbursed |
20 | | eligible remediation costs" means
costs approved by the |
21 | | Illinois Environmental Protection Agency ("Agency") under
|
22 | | Section 58.14 of the Environmental Protection Act that were |
23 | | paid in performing
environmental remediation at a site for |
24 | | which a No Further Remediation Letter
was issued by the |
25 | | Agency and recorded under Section 58.10 of the |
26 | | Environmental
Protection Act. The credit must be claimed |
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1 | | for the taxable year in which
Agency approval of the |
2 | | eligible remediation costs is granted. The credit is
not |
3 | | available to any taxpayer if the taxpayer or any related |
4 | | party caused or
contributed to, in any material respect, a |
5 | | release of regulated substances on,
in, or under the site |
6 | | that was identified and addressed by the remedial
action |
7 | | pursuant to the Site Remediation Program of the |
8 | | Environmental Protection
Act. After the Pollution Control |
9 | | Board rules are adopted pursuant to the
Illinois |
10 | | Administrative Procedure Act for the administration and |
11 | | enforcement of
Section 58.9 of the Environmental |
12 | | Protection Act, determinations as to credit
availability |
13 | | for purposes of this Section shall be made consistent with |
14 | | those
rules. For purposes of this Section, "taxpayer" |
15 | | includes a person whose tax
attributes the taxpayer has |
16 | | succeeded to under Section 381 of the Internal
Revenue Code |
17 | | and "related party" includes the persons disallowed a |
18 | | deduction
for losses by paragraphs (b), (c), and (f)(1) of |
19 | | Section 267 of the Internal
Revenue Code by virtue of being |
20 | | a related taxpayer, as well as any of its
partners. The |
21 | | credit allowed against the tax imposed by subsections (a) |
22 | | and
(b) shall be equal to 25% of the unreimbursed eligible |
23 | | remediation costs in
excess of $100,000 per site, except |
24 | | that the $100,000 threshold shall not apply
to any site |
25 | | contained in an enterprise zone as determined by the |
26 | | Department of
Commerce and Community Affairs (now |
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1 | | Department of Commerce and Economic Opportunity). The |
2 | | total credit allowed shall not exceed
$40,000 per year with |
3 | | a maximum total of $150,000 per site. For partners and
|
4 | | shareholders of subchapter S corporations, there shall be |
5 | | allowed a credit
under this subsection to be determined in |
6 | | accordance with the determination of
income and |
7 | | distributive share of income under Sections 702 and 704 and
|
8 | | subchapter S of the Internal Revenue Code. |
9 | | (ii) A credit allowed under this subsection that is |
10 | | unused in the year
the credit is earned may be carried |
11 | | forward to each of the 5 taxable years
following the year |
12 | | for which the credit is first earned until it is used.
The |
13 | | term "unused credit" does not include any amounts of |
14 | | unreimbursed eligible
remediation costs in excess of the |
15 | | maximum credit per site authorized under
paragraph (i). |
16 | | This credit shall be applied first to the earliest year
for |
17 | | which there is a liability. If there is a credit under this |
18 | | subsection
from more than one tax year that is available to |
19 | | offset a liability, the
earliest credit arising under this |
20 | | subsection shall be applied first. A
credit allowed under |
21 | | this subsection may be sold to a buyer as part of a sale
of |
22 | | all or part of the remediation site for which the credit |
23 | | was granted. The
purchaser of a remediation site and the |
24 | | tax credit shall succeed to the unused
credit and remaining |
25 | | carry-forward period of the seller. To perfect the
|
26 | | transfer, the assignor shall record the transfer in the |
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1 | | chain of title for the
site and provide written notice to |
2 | | the Director of the Illinois Department of
Revenue of the |
3 | | assignor's intent to sell the remediation site and the |
4 | | amount of
the tax credit to be transferred as a portion of |
5 | | the sale. In no event may a
credit be transferred to any |
6 | | taxpayer if the taxpayer or a related party would
not be |
7 | | eligible under the provisions of subsection (i). |
8 | | (iii) For purposes of this Section, the term "site" |
9 | | shall have the same
meaning as under Section 58.2 of the |
10 | | Environmental Protection Act. |
11 | | (m) Education expense credit. Beginning with tax years |
12 | | ending after
December 31, 1999, a taxpayer who
is the custodian |
13 | | of one or more qualifying pupils shall be allowed a credit
|
14 | | against the tax imposed by subsections (a) and (b) of this |
15 | | Section for
qualified education expenses incurred on behalf of |
16 | | the qualifying pupils.
The credit shall be equal to 25% of |
17 | | qualified education expenses, but in no
event may the total |
18 | | credit under this subsection claimed by a
family that is the
|
19 | | custodian of qualifying pupils exceed $500. In no event shall a |
20 | | credit under
this subsection reduce the taxpayer's liability |
21 | | under this Act to less than
zero. This subsection is exempt |
22 | | from the provisions of Section 250 of this
Act. |
23 | | For purposes of this subsection: |
24 | | "Qualifying pupils" means individuals who (i) are |
25 | | residents of the State of
Illinois, (ii) are under the age of |
26 | | 21 at the close of the school year for
which a credit is |
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1 | | sought, and (iii) during the school year for which a credit
is |
2 | | sought were full-time pupils enrolled in a kindergarten through |
3 | | twelfth
grade education program at any school, as defined in |
4 | | this subsection. |
5 | | "Qualified education expense" means the amount incurred
on |
6 | | behalf of a qualifying pupil in excess of $250 for tuition, |
7 | | book fees, and
lab fees at the school in which the pupil is |
8 | | enrolled during the regular school
year. |
9 | | "School" means any public or nonpublic elementary or |
10 | | secondary school in
Illinois that is in compliance with Title |
11 | | VI of the Civil Rights Act of 1964
and attendance at which |
12 | | satisfies the requirements of Section 26-1 of the
School Code, |
13 | | except that nothing shall be construed to require a child to
|
14 | | attend any particular public or nonpublic school to qualify for |
15 | | the credit
under this Section. |
16 | | "Custodian" means, with respect to qualifying pupils, an |
17 | | Illinois resident
who is a parent, the parents, a legal |
18 | | guardian, or the legal guardians of the
qualifying pupils. |
19 | | (n) River Edge Redevelopment Zone site remediation tax |
20 | | credit.
|
21 | | (i) For tax years ending on or after December 31, 2006, |
22 | | a taxpayer shall be allowed a credit against the tax |
23 | | imposed by subsections (a) and (b) of this Section for |
24 | | certain amounts paid for unreimbursed eligible remediation |
25 | | costs, as specified in this subsection. For purposes of |
26 | | this Section, "unreimbursed eligible remediation costs" |
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1 | | means costs approved by the Illinois Environmental |
2 | | Protection Agency ("Agency") under Section 58.14a of the |
3 | | Environmental Protection Act that were paid in performing |
4 | | environmental remediation at a site within a River Edge |
5 | | Redevelopment Zone for which a No Further Remediation |
6 | | Letter was issued by the Agency and recorded under Section |
7 | | 58.10 of the Environmental Protection Act. The credit must |
8 | | be claimed for the taxable year in which Agency approval of |
9 | | the eligible remediation costs is granted. The credit is |
10 | | not available to any taxpayer if the taxpayer or any |
11 | | related party caused or contributed to, in any material |
12 | | respect, a release of regulated substances on, in, or under |
13 | | the site that was identified and addressed by the remedial |
14 | | action pursuant to the Site Remediation Program of the |
15 | | Environmental Protection Act. Determinations as to credit |
16 | | availability for purposes of this Section shall be made |
17 | | consistent with rules adopted by the Pollution Control |
18 | | Board pursuant to the Illinois Administrative Procedure |
19 | | Act for the administration and enforcement of Section 58.9 |
20 | | of the Environmental Protection Act. For purposes of this |
21 | | Section, "taxpayer" includes a person whose tax attributes |
22 | | the taxpayer has succeeded to under Section 381 of the |
23 | | Internal Revenue Code and "related party" includes the |
24 | | persons disallowed a deduction for losses by paragraphs |
25 | | (b), (c), and (f)(1) of Section 267 of the Internal Revenue |
26 | | Code by virtue of being a related taxpayer, as well as any |
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1 | | of its partners. The credit allowed against the tax imposed |
2 | | by subsections (a) and (b) shall be equal to 25% of the |
3 | | unreimbursed eligible remediation costs in excess of |
4 | | $100,000 per site. |
5 | | (ii) A credit allowed under this subsection that is |
6 | | unused in the year the credit is earned may be carried |
7 | | forward to each of the 5 taxable years following the year |
8 | | for which the credit is first earned until it is used. This |
9 | | 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). |
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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 | | (o) For each of taxable years during the Compassionate Use |
5 | | of Medical Cannabis Pilot Program, a surcharge is imposed on |
6 | | all taxpayers on income arising from the sale or exchange of |
7 | | capital assets, depreciable business property, real property |
8 | | used in the trade or business, and Section 197 intangibles of |
9 | | an organization registrant under the Compassionate Use of |
10 | | Medical Cannabis Pilot Program Act. The amount of the surcharge |
11 | | is equal to the amount of federal income tax liability for the |
12 | | taxable year attributable to those sales and exchanges. The |
13 | | surcharge imposed does not apply if: |
14 | | (1) the medical cannabis cultivation center |
15 | | registration, medical cannabis dispensary registration, or |
16 | | the property of a registration is transferred as a result |
17 | | of any of the following: |
18 | | (A) bankruptcy, a receivership, or a debt |
19 | | adjustment initiated by or against the initial |
20 | | registration or the substantial owners of the initial |
21 | | registration; |
22 | | (B) cancellation, revocation, or termination of |
23 | | any registration by the Illinois Department of Public |
24 | | Health; |
25 | | (C) a determination by the Illinois Department of |
26 | | Public Health that transfer of the registration is in |
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1 | | the best interests of Illinois qualifying patients as |
2 | | defined by the Compassionate Use of Medical Cannabis |
3 | | Pilot Program Act; |
4 | | (D) the death of an owner of the equity interest in |
5 | | a registrant; |
6 | | (E) the acquisition of a controlling interest in |
7 | | the stock or substantially all of the assets of a |
8 | | publicly traded company; |
9 | | (F) a transfer by a parent company to a wholly |
10 | | owned subsidiary; or |
11 | | (G) the transfer or sale to or by one person to |
12 | | another person where both persons were initial owners |
13 | | of the registration when the registration was issued; |
14 | | or |
15 | | (2) the cannabis cultivation center registration, |
16 | | medical cannabis dispensary registration, or the |
17 | | controlling interest in a registrant's property is |
18 | | transferred in a transaction to lineal descendants in which |
19 | | no gain or loss is recognized or as a result of a |
20 | | transaction in accordance with Section 351 of the Internal |
21 | | Revenue Code in which no gain or loss is recognized. |
22 | | (Source: P.A. 97-2, eff. 5-6-11; 97-636, eff. 6-1-12; 97-905, |
23 | | eff. 8-7-12; 98-109, eff. 7-25-13; 98-122, eff. 1-1-14; 98-756, |
24 | | eff. 7-16-14.)
|
25 | | (35 ILCS 5/303) (from Ch. 120, par. 3-303)
|
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1 | | Sec. 303. (a) In general. Any item of capital gain or loss, |
2 | | and any
item of income from rents or royalties from real or |
3 | | tangible personal
property, interest, dividends, and patent or |
4 | | copyright royalties, and prizes
awarded under the Illinois |
5 | | Lottery Law, and, for taxable years ending on or after December |
6 | | 31, 2017, wagering and gambling winnings from Illinois sources |
7 | | as set forth in subsection (e-1) of this Section, to the extent |
8 | | such item constitutes
nonbusiness income, together with any |
9 | | item of deduction directly allocable
thereto, shall be |
10 | | allocated by any person other than a resident as provided
in |
11 | | this Section.
|
12 | | (b) Capital gains and losses. |
13 | | (1) Real property. Capital gains and
losses from sales |
14 | | or exchanges of real property are allocable to this State
|
15 | | if the property is located in this State.
|
16 | | (2) Tangible personal property. Capital gains and |
17 | | losses from sales
or exchanges of tangible personal |
18 | | property are allocable to this State if,
at the time of |
19 | | such sale or exchange:
|
20 | | (A) The property had its situs in this State; or
|
21 | | (B) The taxpayer had its commercial domicile in |
22 | | this State and was not
taxable in the state in which |
23 | | the property had its situs.
|
24 | | (3) Intangibles. Capital gains and losses from sales or |
25 | | exchanges of
intangible personal property are allocable to |
26 | | this State if the taxpayer
had its commercial domicile in |
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1 | | this State at the time of such sale or
exchange.
|
2 | | (c) Rents and royalties. |
3 | | (1) Real property. Rents and royalties
from real |
4 | | property are allocable to this State if the property is |
5 | | located
in this State.
|
6 | | (2) Tangible personal property. Rents and royalties |
7 | | from tangible
personal property are allocable to this |
8 | | State:
|
9 | | (A) If and to the extent that the property is |
10 | | utilized in this State; or
|
11 | | (B) In their entirety if, at the time such rents or |
12 | | royalties were paid
or accrued, the taxpayer had its |
13 | | commercial domicile in this State and was
not organized |
14 | | under the laws of or taxable with respect to such rents |
15 | | or
royalties in the state in which the property was |
16 | | utilized.
The extent of utilization of tangible |
17 | | personal property in a state is
determined by |
18 | | multiplying the rents or royalties derived from such |
19 | | property
by a fraction, the numerator of which is the |
20 | | number of days of physical
location of the property in |
21 | | the state during the rental or royalty period
in the |
22 | | taxable year and the denominator of which is the number |
23 | | of days of
physical location of the property everywhere |
24 | | during all rental or royalty
periods in the taxable |
25 | | year. If the physical location of the property
during |
26 | | the rental or royalty period is unknown or |
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1 | | unascertainable by the
taxpayer, tangible personal |
2 | | property is utilized in the state in which the
property |
3 | | was located at the time the rental or royalty payer |
4 | | obtained
possession.
|
5 | | (d) Patent and copyright royalties.
|
6 | | (1) Allocation. Patent and copyright royalties are |
7 | | allocable to this
State:
|
8 | | (A) If and to the extent that the patent or |
9 | | copyright is utilized by the
payer in this State; or
|
10 | | (B) If and to the extent that the patent or |
11 | | copyright is utilized by the
payer in a state in which |
12 | | the taxpayer is not taxable with respect to such
|
13 | | royalties and, at the time such royalties were paid or |
14 | | accrued, the
taxpayer had its commercial domicile in |
15 | | this State.
|
16 | | (2) Utilization.
|
17 | | (A) A patent is utilized in a state to the extent |
18 | | that it is employed in
production, fabrication, |
19 | | manufacturing or other processing in the state or
to |
20 | | the extent that a patented product is produced in the |
21 | | state. If the
basis of receipts from patent royalties |
22 | | does not permit allocation to
states or if the |
23 | | accounting procedures do not reflect states of
|
24 | | utilization, the patent is utilized in this State if |
25 | | the taxpayer has its
commercial domicile in this State.
|
26 | | (B) A copyright is utilized in a state to the |
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1 | | extent that printing or
other publication originates |
2 | | in the state. If the basis of receipts from
copyright |
3 | | royalties does not permit allocation to states or if |
4 | | the
accounting procedures do not reflect states of |
5 | | utilization, the copyright
is utilized in this State if |
6 | | the taxpayer has its commercial domicile in
this State.
|
7 | | (e) Illinois lottery prizes. Prizes awarded under the |
8 | | Illinois Lottery Law are allocable to this State. Payments |
9 | | received in taxable years ending on or after December 31, 2013, |
10 | | from the assignment of a prize under Section 13.1 of the |
11 | | Illinois Lottery Law are allocable to this State.
|
12 | | (e-1) Wagering and gambling winnings. Payments received in |
13 | | taxable years ending on or after December 31, 2017 of winnings |
14 | | from pari-mutuel wagering conducted at a wagering facility |
15 | | licensed under the Illinois Horse Racing Act of 1975 and from |
16 | | gambling games conducted on a riverboat or in a casino or |
17 | | electronic gaming facility licensed under the Illinois |
18 | | Gambling Act are allocable to this State. |
19 | | (e-5) Unemployment benefits. Unemployment benefits paid by |
20 | | the Illinois Department of Employment Security are allocable to |
21 | | this State. |
22 | | (f) Taxability in other state. For purposes of allocation |
23 | | of income
pursuant to this Section, a taxpayer is taxable in |
24 | | another state if:
|
25 | | (1) In that state he is subject to a net income tax, a |
26 | | franchise tax
measured by net income, a franchise tax for |
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1 | | the privilege of doing
business, or a corporate stock tax; |
2 | | or
|
3 | | (2) That state has jurisdiction to subject the taxpayer |
4 | | to a net income
tax regardless of whether, in fact, the |
5 | | state does or does not.
|
6 | | (g) Cross references. |
7 | | (1) For allocation of interest and dividends by
persons |
8 | | other than residents, see Section 301(c)(2).
|
9 | | (2) For allocation of nonbusiness income by residents, |
10 | | see Section
301(a).
|
11 | | (Source: P.A. 97-709, eff. 7-1-12; 98-496, eff. 1-1-14.)
|
12 | | (35 ILCS 5/304) (from Ch. 120, par. 3-304)
|
13 | | Sec. 304. Business income of persons other than residents.
|
14 | | (a) In general. The business income of a person other than |
15 | | a
resident shall be allocated to this State if such person's |
16 | | business
income is derived solely from this State. If a person |
17 | | other than a
resident derives business income from this State |
18 | | and one or more other
states, then, for tax years ending on or |
19 | | before December 30, 1998, and
except as otherwise provided by |
20 | | this Section, such
person's business income shall be |
21 | | apportioned to this State by
multiplying the income by a |
22 | | fraction, the numerator of which is the sum
of the property |
23 | | factor (if any), the payroll factor (if any) and 200% of the
|
24 | | sales factor (if any), and the denominator of which is 4 |
25 | | reduced by the
number of factors other than the sales factor |
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1 | | which have a denominator
of zero and by an additional 2 if the |
2 | | sales factor has a denominator of zero.
For tax years ending on |
3 | | or after December 31, 1998, and except as otherwise
provided by |
4 | | this Section, persons other than
residents who derive business |
5 | | income from this State and one or more other
states shall |
6 | | compute their apportionment factor by weighting their |
7 | | property,
payroll, and sales factors as provided in
subsection |
8 | | (h) of this Section.
|
9 | | (1) Property factor.
|
10 | | (A) The property factor is a fraction, the numerator of |
11 | | which is the
average value of the person's real and |
12 | | tangible personal property owned
or rented and used in the |
13 | | trade or business in this State during the
taxable year and |
14 | | the denominator of which is the average value of all
the |
15 | | person's real and tangible personal property owned or |
16 | | rented and
used in the trade or business during the taxable |
17 | | year.
|
18 | | (B) Property owned by the person is valued at its |
19 | | original cost.
Property rented by the person is valued at 8 |
20 | | times the net annual rental
rate. Net annual rental rate is |
21 | | the annual rental rate paid by the
person less any annual |
22 | | rental rate received by the person from
sub-rentals.
|
23 | | (C) The average value of property shall be determined |
24 | | by averaging
the values at the beginning and ending of the |
25 | | taxable year but the
Director may require the averaging of |
26 | | monthly values during the taxable
year if reasonably |
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1 | | required to reflect properly the average value of the
|
2 | | person's property.
|
3 | | (2) Payroll factor.
|
4 | | (A) The payroll factor is a fraction, the numerator of |
5 | | which is the
total amount paid in this State during the |
6 | | taxable year by the person
for compensation, and the |
7 | | denominator of which is the total compensation
paid |
8 | | everywhere during the taxable year.
|
9 | | (B) Compensation is paid in this State if:
|
10 | | (i) The individual's service is performed entirely |
11 | | within this
State;
|
12 | | (ii) The individual's service is performed both |
13 | | within and without
this State, but the service |
14 | | performed without this State is incidental
to the |
15 | | individual's service performed within this State; or
|
16 | | (iii) Some of the service is performed within this |
17 | | State and either
the base of operations, or if there is |
18 | | no base of operations, the place
from which the service |
19 | | is directed or controlled is within this State,
or the |
20 | | base of operations or the place from which the service |
21 | | is
directed or controlled is not in any state in which |
22 | | some part of the
service is performed, but the |
23 | | individual's residence is in this State.
|
24 | | (iv) Compensation paid to nonresident professional |
25 | | athletes. |
26 | | (a) General. The Illinois source income of a |
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1 | | nonresident individual who is a member of a |
2 | | professional athletic team includes the portion of the |
3 | | individual's total compensation for services performed |
4 | | as a member of a professional athletic team during the |
5 | | taxable year which the number of duty days spent within |
6 | | this State performing services for the team in any |
7 | | manner during the taxable year bears to the total |
8 | | number of duty days spent both within and without this |
9 | | State during the taxable year. |
10 | | (b) Travel days. Travel days that do not involve |
11 | | either a game, practice, team meeting, or other similar |
12 | | team event are not considered duty days spent in this |
13 | | State. However, such travel days are considered in the |
14 | | total duty days spent both within and without this |
15 | | State. |
16 | | (c) Definitions. For purposes of this subpart |
17 | | (iv): |
18 | | (1) The term "professional athletic team" |
19 | | includes, but is not limited to, any professional |
20 | | baseball, basketball, football, soccer, or hockey |
21 | | team. |
22 | | (2) The term "member of a professional |
23 | | athletic team" includes those employees who are |
24 | | active players, players on the disabled list, and |
25 | | any other persons required to travel and who travel |
26 | | with and perform services on behalf of a |
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1 | | professional athletic team on a regular basis. |
2 | | This includes, but is not limited to, coaches, |
3 | | managers, and trainers. |
4 | | (3) Except as provided in items (C) and (D) of |
5 | | this subpart (3), the term "duty days" means all |
6 | | days during the taxable year from the beginning of |
7 | | the professional athletic team's official |
8 | | pre-season training period through the last game |
9 | | in which the team competes or is scheduled to |
10 | | compete. Duty days shall be counted for the year in |
11 | | which they occur, including where a team's |
12 | | official pre-season training period through the |
13 | | last game in which the team competes or is |
14 | | scheduled to compete, occurs during more than one |
15 | | tax year. |
16 | | (A) Duty days shall also include days on |
17 | | which a member of a professional athletic team |
18 | | performs service for a team on a date that does |
19 | | not fall within the foregoing period (e.g., |
20 | | participation in instructional leagues, the |
21 | | "All Star Game", or promotional "caravans"). |
22 | | Performing a service for a professional |
23 | | athletic team includes conducting training and |
24 | | rehabilitation activities, when such |
25 | | activities are conducted at team facilities. |
26 | | (B) Also included in duty days are game |
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1 | | days, practice days, days spent at team |
2 | | meetings, promotional caravans, preseason |
3 | | training camps, and days served with the team |
4 | | through all post-season games in which the team |
5 | | competes or is scheduled to compete. |
6 | | (C) Duty days for any person who joins a |
7 | | team during the period from the beginning of |
8 | | the professional athletic team's official |
9 | | pre-season training period through the last |
10 | | game in which the team competes, or is |
11 | | scheduled to compete, shall begin on the day |
12 | | that person joins the team. Conversely, duty |
13 | | days for any person who leaves a team during |
14 | | this period shall end on the day that person |
15 | | leaves the team. Where a person switches teams |
16 | | during a taxable year, a separate duty-day |
17 | | calculation shall be made for the period the |
18 | | person was with each team. |
19 | | (D) Days for which a member of a |
20 | | professional athletic team is not compensated |
21 | | and is not performing services for the team in |
22 | | any manner, including days when such member of |
23 | | a professional athletic team has been |
24 | | suspended without pay and prohibited from |
25 | | performing any services for the team, shall not |
26 | | be treated as duty days. |
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1 | | (E) Days for which a member of a |
2 | | professional athletic team is on the disabled |
3 | | list and does not conduct rehabilitation |
4 | | activities at facilities of the team, and is |
5 | | not otherwise performing services for the team |
6 | | in Illinois, shall not be considered duty days |
7 | | spent in this State. All days on the disabled |
8 | | list, however, are considered to be included in |
9 | | total duty days spent both within and without |
10 | | this State. |
11 | | (4) The term "total compensation for services |
12 | | performed as a member of a professional athletic |
13 | | team" means the total compensation received during |
14 | | the taxable year for services performed: |
15 | | (A) from the beginning of the official |
16 | | pre-season training period through the last |
17 | | game in which the team competes or is scheduled |
18 | | to compete during that taxable year; and |
19 | | (B) during the taxable year on a date which |
20 | | does not fall within the foregoing period |
21 | | (e.g., participation in instructional leagues, |
22 | | the "All Star Game", or promotional caravans). |
23 | | This compensation shall include, but is not |
24 | | limited to, salaries, wages, bonuses as described |
25 | | in this subpart, and any other type of compensation |
26 | | paid during the taxable year to a member of a |
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1 | | professional athletic team for services performed |
2 | | in that year. This compensation does not include |
3 | | strike benefits, severance pay, termination pay, |
4 | | contract or option year buy-out payments, |
5 | | expansion or relocation payments, or any other |
6 | | payments not related to services performed for the |
7 | | team. |
8 | | For purposes of this subparagraph, "bonuses" |
9 | | included in "total compensation for services |
10 | | performed as a member of a professional athletic |
11 | | team" subject to the allocation described in |
12 | | Section 302(c)(1) are: bonuses earned as a result |
13 | | of play (i.e., performance bonuses) during the |
14 | | season, including bonuses paid for championship, |
15 | | playoff or "bowl" games played by a team, or for |
16 | | selection to all-star league or other honorary |
17 | | positions; and bonuses paid for signing a |
18 | | contract, unless the payment of the signing bonus |
19 | | is not conditional upon the signee playing any |
20 | | games for the team or performing any subsequent |
21 | | services for the team or even making the team, the |
22 | | signing bonus is payable separately from the |
23 | | salary and any other compensation, and the signing |
24 | | bonus is nonrefundable.
|
25 | | (3) Sales factor.
|
26 | | (A) The sales factor is a fraction, the numerator of |
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1 | | which is the
total sales of the person in this State during |
2 | | the taxable year, and the
denominator of which is the total |
3 | | sales of the person everywhere during
the taxable year.
|
4 | | (B) Sales of tangible personal property are in this |
5 | | State if:
|
6 | | (i) The property is delivered or shipped to a |
7 | | purchaser, other than
the United States government, |
8 | | within this State regardless of the f. o.
b. point or |
9 | | other conditions of the sale; or
|
10 | | (ii) The property is shipped from an office, store, |
11 | | warehouse,
factory or other place of storage in this |
12 | | State and either the purchaser
is the United States |
13 | | government or the person is not taxable in the
state of |
14 | | the purchaser; provided, however, that premises owned |
15 | | or leased
by a person who has independently contracted |
16 | | with the seller for the printing
of newspapers, |
17 | | periodicals or books shall not be deemed to be an |
18 | | office,
store, warehouse, factory or other place of |
19 | | storage for purposes of this
Section.
Sales of tangible |
20 | | personal property are not in this State if the
seller |
21 | | and purchaser would be members of the same unitary |
22 | | business group
but for the fact that either the seller |
23 | | or purchaser is a person with 80%
or more of total |
24 | | business activity outside of the United States and the
|
25 | | property is purchased for resale.
|
26 | | (B-1) Patents, copyrights, trademarks, and similar |
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1 | | items of intangible
personal property.
|
2 | | (i) Gross receipts from the licensing, sale, or |
3 | | other disposition of a
patent, copyright, trademark, |
4 | | or similar item of intangible personal property, other |
5 | | than gross receipts governed by paragraph (B-7) of this |
6 | | item (3),
are in this State to the extent the item is |
7 | | utilized in this State during the
year the gross |
8 | | receipts are included in gross income.
|
9 | | (ii) Place of utilization.
|
10 | | (I) A patent is utilized in a state to the |
11 | | extent that it is employed
in production, |
12 | | fabrication, manufacturing, or other processing in |
13 | | the state or
to the extent that a patented product |
14 | | is produced in the state. If a patent is
utilized |
15 | | in
more than one state, the extent to which it is |
16 | | utilized in any one state shall
be a fraction equal |
17 | | to the gross receipts of the licensee or purchaser |
18 | | from
sales or leases of items produced, |
19 | | fabricated, manufactured, or processed
within that |
20 | | state using the patent and of patented items |
21 | | produced within that
state, divided by the total of |
22 | | such gross receipts for all states in which the
|
23 | | patent is utilized.
|
24 | | (II) A copyright is utilized in a state to the |
25 | | extent that printing or
other publication |
26 | | originates in the state. If a copyright is utilized |
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1 | | in more
than one state, the extent to which it is |
2 | | utilized in any one state shall be a
fraction equal |
3 | | to the gross receipts from sales or licenses of |
4 | | materials
printed or published in that state |
5 | | divided by the total of such gross receipts
for all |
6 | | states in which the copyright is utilized.
|
7 | | (III) Trademarks and other items of intangible |
8 | | personal property
governed by this paragraph (B-1) |
9 | | are utilized in the state in which the
commercial |
10 | | domicile of the licensee or purchaser is located.
|
11 | | (iii) If the state of utilization of an item of |
12 | | property governed by
this paragraph (B-1) cannot be |
13 | | determined from the taxpayer's books and
records or |
14 | | from the books and records of any person related to the |
15 | | taxpayer
within the meaning of Section 267(b) of the |
16 | | Internal Revenue Code, 26 U.S.C.
267, the gross
|
17 | | receipts attributable to that item shall be excluded |
18 | | from both the numerator
and the denominator of the |
19 | | sales factor.
|
20 | | (B-2) Gross receipts from the license, sale, or other |
21 | | disposition of
patents, copyrights, trademarks, and |
22 | | similar items of intangible personal
property, other than |
23 | | gross receipts governed by paragraph (B-7) of this item |
24 | | (3), may be included in the numerator or denominator of the |
25 | | sales factor
only if gross receipts from licenses, sales, |
26 | | or other disposition of such items
comprise more than 50% |
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1 | | of the taxpayer's total gross receipts included in gross
|
2 | | income during the tax year and during each of the 2 |
3 | | immediately preceding tax
years; provided that, when a |
4 | | taxpayer is a member of a unitary business group,
such |
5 | | determination shall be made on the basis of the gross |
6 | | receipts of the
entire unitary business group.
|
7 | | (B-5) For taxable years ending on or after December 31, |
8 | | 2008, except as provided in subsections (ii) through (vii), |
9 | | receipts from the sale of telecommunications service or |
10 | | mobile telecommunications service are in this State if the |
11 | | customer's service address is in this State. |
12 | | (i) For purposes of this subparagraph (B-5), the |
13 | | following terms have the following meanings: |
14 | | "Ancillary services" means services that are |
15 | | associated with or incidental to the provision of |
16 | | "telecommunications services", including but not |
17 | | limited to "detailed telecommunications billing", |
18 | | "directory assistance", "vertical service", and "voice |
19 | | mail services". |
20 | | "Air-to-Ground Radiotelephone service" means a |
21 | | radio service, as that term is defined in 47 CFR 22.99, |
22 | | in which common carriers are authorized to offer and |
23 | | provide radio telecommunications service for hire to |
24 | | subscribers in aircraft. |
25 | | "Call-by-call Basis" means any method of charging |
26 | | for telecommunications services where the price is |
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1 | | measured by individual calls. |
2 | | "Communications Channel" means a physical or |
3 | | virtual path of communications over which signals are |
4 | | transmitted between or among customer channel |
5 | | termination points. |
6 | | "Conference bridging service" means an "ancillary |
7 | | service" that links two or more participants of an |
8 | | audio or video conference call and may include the |
9 | | provision of a telephone number. "Conference bridging |
10 | | service" does not include the "telecommunications |
11 | | services" used to reach the conference bridge. |
12 | | "Customer Channel Termination Point" means the |
13 | | location where the customer either inputs or receives |
14 | | the communications. |
15 | | "Detailed telecommunications billing service" |
16 | | means an "ancillary service" of separately stating |
17 | | information pertaining to individual calls on a |
18 | | customer's billing statement. |
19 | | "Directory assistance" means an "ancillary |
20 | | service" of providing telephone number information, |
21 | | and/or address information. |
22 | | "Home service provider" means the facilities based |
23 | | carrier or reseller with which the customer contracts |
24 | | for the provision of mobile telecommunications |
25 | | services. |
26 | | "Mobile telecommunications service" means |
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1 | | commercial mobile radio service, as defined in Section |
2 | | 20.3 of Title 47 of the Code of Federal Regulations as |
3 | | in effect on June 1, 1999. |
4 | | "Place of primary use" means the street address |
5 | | representative of where the customer's use of the |
6 | | telecommunications service primarily occurs, which |
7 | | must be the residential street address or the primary |
8 | | business street address of the customer. In the case of |
9 | | mobile telecommunications services, "place of primary |
10 | | use" must be within the licensed service area of the |
11 | | home service provider. |
12 | | "Post-paid telecommunication service" means the |
13 | | telecommunications service obtained by making a |
14 | | payment on a call-by-call basis either through the use |
15 | | of a credit card or payment mechanism such as a bank |
16 | | card, travel card, credit card, or debit card, or by |
17 | | charge made to a telephone number which is not |
18 | | associated with the origination or termination of the |
19 | | telecommunications service. A post-paid calling |
20 | | service includes telecommunications service, except a |
21 | | prepaid wireless calling service, that would be a |
22 | | prepaid calling service except it is not exclusively a |
23 | | telecommunication service. |
24 | | "Prepaid telecommunication service" means the |
25 | | right to access exclusively telecommunications |
26 | | services, which must be paid for in advance and which |
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1 | | enables the origination of calls using an access number |
2 | | or authorization code, whether manually or |
3 | | electronically dialed, and that is sold in |
4 | | predetermined units or dollars of which the number |
5 | | declines with use in a known amount. |
6 | | "Prepaid Mobile telecommunication service" means a |
7 | | telecommunications service that provides the right to |
8 | | utilize mobile wireless service as well as other |
9 | | non-telecommunication services, including but not |
10 | | limited to ancillary services, which must be paid for |
11 | | in advance that is sold in predetermined units or |
12 | | dollars of which the number declines with use in a |
13 | | known amount. |
14 | | "Private communication service" means a |
15 | | telecommunication service that entitles the customer |
16 | | to exclusive or priority use of a communications |
17 | | channel or group of channels between or among |
18 | | termination points, regardless of the manner in which |
19 | | such channel or channels are connected, and includes |
20 | | switching capacity, extension lines, stations, and any |
21 | | other associated services that are provided in |
22 | | connection with the use of such channel or channels. |
23 | | "Service address" means: |
24 | | (a) The location of the telecommunications |
25 | | equipment to which a customer's call is charged and |
26 | | from which the call originates or terminates, |
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1 | | regardless of where the call is billed or paid; |
2 | | (b) If the location in line (a) is not known, |
3 | | service address means the origination point of the |
4 | | signal of the telecommunications services first |
5 | | identified by either the seller's |
6 | | telecommunications system or in information |
7 | | received by the seller from its service provider |
8 | | where the system used to transport such signals is |
9 | | not that of the seller; and |
10 | | (c) If the locations in line (a) and line (b) |
11 | | are not known, the service address means the |
12 | | location of the customer's place of primary use. |
13 | | "Telecommunications service" means the electronic |
14 | | transmission, conveyance, or routing of voice, data, |
15 | | audio, video, or any other information or signals to a |
16 | | point, or between or among points. The term |
17 | | "telecommunications service" includes such |
18 | | transmission, conveyance, or routing in which computer |
19 | | processing applications are used to act on the form, |
20 | | code or protocol of the content for purposes of |
21 | | transmission, conveyance or routing without regard to |
22 | | whether such service is referred to as voice over |
23 | | Internet protocol services or is classified by the |
24 | | Federal Communications Commission as enhanced or value |
25 | | added. "Telecommunications service" does not include: |
26 | | (a) Data processing and information services |
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1 | | that allow data to be generated, acquired, stored, |
2 | | processed, or retrieved and delivered by an |
3 | | electronic transmission to a purchaser when such |
4 | | purchaser's primary purpose for the underlying |
5 | | transaction is the processed data or information; |
6 | | (b) Installation or maintenance of wiring or |
7 | | equipment on a customer's premises; |
8 | | (c) Tangible personal property; |
9 | | (d) Advertising, including but not limited to |
10 | | directory advertising ; . |
11 | | (e) Billing and collection services provided |
12 | | to third parties; |
13 | | (f) Internet access service; |
14 | | (g) Radio and television audio and video |
15 | | programming services, regardless of the medium, |
16 | | including the furnishing of transmission, |
17 | | conveyance and routing of such services by the |
18 | | programming service provider. Radio and television |
19 | | audio and video programming services shall include |
20 | | but not be limited to cable service as defined in |
21 | | 47 USC 522(6) and audio and video programming |
22 | | services delivered by commercial mobile radio |
23 | | service providers, as defined in 47 CFR 20.3; |
24 | | (h) "Ancillary services"; or |
25 | | (i) Digital products "delivered |
26 | | electronically", including but not limited to |
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1 | | software, music, video, reading materials or ring |
2 | | tones. |
3 | | "Vertical service" means an "ancillary service" |
4 | | that is offered in connection with one or more |
5 | | "telecommunications services", which offers advanced |
6 | | calling features that allow customers to identify |
7 | | callers and to manage multiple calls and call |
8 | | connections, including "conference bridging services". |
9 | | "Voice mail service" means an "ancillary service" |
10 | | that enables the customer to store, send or receive |
11 | | recorded messages. "Voice mail service" does not |
12 | | include any "vertical services" that the customer may |
13 | | be required to have in order to utilize the "voice mail |
14 | | service". |
15 | | (ii) Receipts from the sale of telecommunications |
16 | | service sold on an individual call-by-call basis are in |
17 | | this State if either of the following applies: |
18 | | (a) The call both originates and terminates in |
19 | | this State. |
20 | | (b) The call either originates or terminates |
21 | | in this State and the service address is located in |
22 | | this State. |
23 | | (iii) Receipts from the sale of postpaid |
24 | | telecommunications service at retail are in this State |
25 | | if the origination point of the telecommunication |
26 | | signal, as first identified by the service provider's |
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1 | | telecommunication system or as identified by |
2 | | information received by the seller from its service |
3 | | provider if the system used to transport |
4 | | telecommunication signals is not the seller's, is |
5 | | located in this State. |
6 | | (iv) Receipts from the sale of prepaid |
7 | | telecommunications service or prepaid mobile |
8 | | telecommunications service at retail are in this State |
9 | | if the purchaser obtains the prepaid card or similar |
10 | | means of conveyance at a location in this State. |
11 | | Receipts from recharging a prepaid telecommunications |
12 | | service or mobile telecommunications service is in |
13 | | this State if the purchaser's billing information |
14 | | indicates a location in this State. |
15 | | (v) Receipts from the sale of private |
16 | | communication services are in this State as follows: |
17 | | (a) 100% of receipts from charges imposed at |
18 | | each channel termination point in this State. |
19 | | (b) 100% of receipts from charges for the total |
20 | | channel mileage between each channel termination |
21 | | point in this State. |
22 | | (c) 50% of the total receipts from charges for |
23 | | service segments when those segments are between 2 |
24 | | customer channel termination points, 1 of which is |
25 | | located in this State and the other is located |
26 | | outside of this State, which segments are |
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1 | | separately charged. |
2 | | (d) The receipts from charges for service |
3 | | segments with a channel termination point located |
4 | | in this State and in two or more other states, and |
5 | | which segments are not separately billed, are in |
6 | | this State based on a percentage determined by |
7 | | dividing the number of customer channel |
8 | | termination points in this State by the total |
9 | | number of customer channel termination points. |
10 | | (vi) Receipts from charges for ancillary services |
11 | | for telecommunications service sold to customers at |
12 | | retail are in this State if the customer's primary |
13 | | place of use of telecommunications services associated |
14 | | with those ancillary services is in this State. If the |
15 | | seller of those ancillary services cannot determine |
16 | | where the associated telecommunications are located, |
17 | | then the ancillary services shall be based on the |
18 | | location of the purchaser. |
19 | | (vii) Receipts to access a carrier's network or |
20 | | from the sale of telecommunication services or |
21 | | ancillary services for resale are in this State as |
22 | | follows: |
23 | | (a) 100% of the receipts from access fees |
24 | | attributable to intrastate telecommunications |
25 | | service that both originates and terminates in |
26 | | this State. |
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1 | | (b) 50% of the receipts from access fees |
2 | | attributable to interstate telecommunications |
3 | | service if the interstate call either originates |
4 | | or terminates in this State. |
5 | | (c) 100% of the receipts from interstate end |
6 | | user access line charges, if the customer's |
7 | | service address is in this State. As used in this |
8 | | subdivision, "interstate end user access line |
9 | | charges" includes, but is not limited to, the |
10 | | surcharge approved by the federal communications |
11 | | commission and levied pursuant to 47 CFR 69. |
12 | | (d) Gross receipts from sales of |
13 | | telecommunication services or from ancillary |
14 | | services for telecommunications services sold to |
15 | | other telecommunication service providers for |
16 | | resale shall be sourced to this State using the |
17 | | apportionment concepts used for non-resale |
18 | | receipts of telecommunications services if the |
19 | | information is readily available to make that |
20 | | determination. If the information is not readily |
21 | | available, then the taxpayer may use any other |
22 | | reasonable and consistent method. |
23 | | (B-7) For taxable years ending on or after December 31, |
24 | | 2008, receipts from the sale of broadcasting services are |
25 | | in this State if the broadcasting services are received in |
26 | | this State. For purposes of this paragraph (B-7), the |
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1 | | following terms have the following meanings: |
2 | | "Advertising revenue" means consideration received |
3 | | by the taxpayer in exchange for broadcasting services |
4 | | or allowing the broadcasting of commercials or |
5 | | announcements in connection with the broadcasting of |
6 | | film or radio programming, from sponsorships of the |
7 | | programming, or from product placements in the |
8 | | programming. |
9 | | "Audience factor" means the ratio that the |
10 | | audience or subscribers located in this State of a |
11 | | station, a network, or a cable system bears to the |
12 | | total audience or total subscribers for that station, |
13 | | network, or cable system. The audience factor for film |
14 | | or radio programming shall be determined by reference |
15 | | to the books and records of the taxpayer or by |
16 | | reference to published rating statistics provided the |
17 | | method used by the taxpayer is consistently used from |
18 | | year to year for this purpose and fairly represents the |
19 | | taxpayer's activity in this State. |
20 | | "Broadcast" or "broadcasting" or "broadcasting |
21 | | services" means the transmission or provision of film |
22 | | or radio programming, whether through the public |
23 | | airwaves, by cable, by direct or indirect satellite |
24 | | transmission, or by any other means of communication, |
25 | | either through a station, a network, or a cable system. |
26 | | "Film" or "film programming" means the broadcast |
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1 | | on television of any and all performances, events, or |
2 | | productions, including but not limited to news, |
3 | | sporting events, plays, stories, or other literary, |
4 | | commercial, educational, or artistic works, either |
5 | | live or through the use of video tape, disc, or any |
6 | | other type of format or medium. Each episode of a |
7 | | series of films produced for television shall |
8 | | constitute separate "film" notwithstanding that the |
9 | | series relates to the same principal subject and is |
10 | | produced during one or more tax periods. |
11 | | "Radio" or "radio programming" means the broadcast |
12 | | on radio of any and all performances, events, or |
13 | | productions, including but not limited to news, |
14 | | sporting events, plays, stories, or other literary, |
15 | | commercial, educational, or artistic works, either |
16 | | live or through the use of an audio tape, disc, or any |
17 | | other format or medium. Each episode in a series of |
18 | | radio programming produced for radio broadcast shall |
19 | | constitute a separate "radio programming" |
20 | | notwithstanding that the series relates to the same |
21 | | principal subject and is produced during one or more |
22 | | tax periods. |
23 | | (i) In the case of advertising revenue from |
24 | | broadcasting, the customer is the advertiser and |
25 | | the service is received in this State if the |
26 | | commercial domicile of the advertiser is in this |
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1 | | State. |
2 | | (ii) In the case where film or radio |
3 | | programming is broadcast by a station, a network, |
4 | | or a cable system for a fee or other remuneration |
5 | | received from the recipient of the broadcast, the |
6 | | portion of the service that is received in this |
7 | | State is measured by the portion of the recipients |
8 | | of the broadcast located in this State. |
9 | | Accordingly, the fee or other remuneration for |
10 | | such service that is included in the Illinois |
11 | | numerator of the sales factor is the total of those |
12 | | fees or other remuneration received from |
13 | | recipients in Illinois. For purposes of this |
14 | | paragraph, a taxpayer may determine the location |
15 | | of the recipients of its broadcast using the |
16 | | address of the recipient shown in its contracts |
17 | | with the recipient or using the billing address of |
18 | | the recipient in the taxpayer's records. |
19 | | (iii) In the case where film or radio |
20 | | programming is broadcast by a station, a network, |
21 | | or a cable system for a fee or other remuneration |
22 | | from the person providing the programming, the |
23 | | portion of the broadcast service that is received |
24 | | by such station, network, or cable system in this |
25 | | State is measured by the portion of recipients of |
26 | | the broadcast located in this State. Accordingly, |
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1 | | the amount of revenue related to such an |
2 | | arrangement that is included in the Illinois |
3 | | numerator of the sales factor is the total fee or |
4 | | other total remuneration from the person providing |
5 | | the programming related to that broadcast |
6 | | multiplied by the Illinois audience factor for |
7 | | that broadcast. |
8 | | (iv) In the case where film or radio |
9 | | programming is provided by a taxpayer that is a |
10 | | network or station to a customer for broadcast in |
11 | | exchange for a fee or other remuneration from that |
12 | | customer the broadcasting service is received at |
13 | | the location of the office of the customer from |
14 | | which the services were ordered in the regular |
15 | | course of the customer's trade or business. |
16 | | Accordingly, in such a case the revenue derived by |
17 | | the taxpayer that is included in the taxpayer's |
18 | | Illinois numerator of the sales factor is the |
19 | | revenue from such customers who receive the |
20 | | broadcasting service in Illinois. |
21 | | (v) In the case where film or radio programming |
22 | | is provided by a taxpayer that is not a network or |
23 | | station to another person for broadcasting in |
24 | | exchange for a fee or other remuneration from that |
25 | | person, the broadcasting service is received at |
26 | | the location of the office of the customer from |
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1 | | which the services were ordered in the regular |
2 | | course of the customer's trade or business. |
3 | | Accordingly, in such a case the revenue derived by |
4 | | the taxpayer that is included in the taxpayer's |
5 | | Illinois numerator of the sales factor is the |
6 | | revenue from such customers who receive the |
7 | | broadcasting service in Illinois. |
8 | | (B-8) Gross receipts from winnings under the Illinois |
9 | | Lottery Law from the assignment of a prize under Section |
10 | | 13.1 of the Illinois Lottery Law are received in this |
11 | | State. This paragraph (B-8) applies only to taxable years |
12 | | ending on or after December 31, 2013. |
13 | | (B-9) For taxable years ending on or after December 31, |
14 | | 2017, gross receipts from winnings from pari-mutuel |
15 | | wagering conducted at a wagering facility licensed under |
16 | | the Illinois Horse Racing Act of 1975 or from winnings from |
17 | | gambling games conducted on a riverboat or in a casino or |
18 | | electronic gaming facility licensed under the Illinois |
19 | | Gambling Act are in this State. |
20 | | (C) For taxable years ending before December 31, 2008, |
21 | | sales, other than sales governed by paragraphs (B), (B-1), |
22 | | (B-2), and (B-8) are in
this State if:
|
23 | | (i) The income-producing activity is performed in |
24 | | this State; or
|
25 | | (ii) The income-producing activity is performed |
26 | | both within and
without this State and a greater |
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1 | | proportion of the income-producing
activity is |
2 | | performed within this State than without this State, |
3 | | based
on performance costs.
|
4 | | (C-5) For taxable years ending on or after December 31, |
5 | | 2008, sales, other than sales governed by paragraphs (B), |
6 | | (B-1), (B-2), (B-5), and (B-7), are in this State if any of |
7 | | the following criteria are met: |
8 | | (i) Sales from the sale or lease of real property |
9 | | are in this State if the property is located in this |
10 | | State. |
11 | | (ii) Sales from the lease or rental of tangible |
12 | | personal property are in this State if the property is |
13 | | located in this State during the rental period. Sales |
14 | | from the lease or rental of tangible personal property |
15 | | that is characteristically moving property, including, |
16 | | but not limited to, motor vehicles, rolling stock, |
17 | | aircraft, vessels, or mobile equipment are in this |
18 | | State to the extent that the property is used in this |
19 | | State. |
20 | | (iii) In the case of interest, net gains (but not |
21 | | less than zero) and other items of income from |
22 | | intangible personal property, the sale is in this State |
23 | | if: |
24 | | (a) in the case of a taxpayer who is a dealer |
25 | | in the item of intangible personal property within |
26 | | the meaning of Section 475 of the Internal Revenue |
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1 | | Code, the income or gain is received from a |
2 | | customer in this State. For purposes of this |
3 | | subparagraph, a customer is in this State if the |
4 | | customer is an individual, trust or estate who is a |
5 | | resident of this State and, for all other |
6 | | customers, if the customer's commercial domicile |
7 | | is in this State. Unless the dealer has actual |
8 | | knowledge of the residence or commercial domicile |
9 | | of a customer during a taxable year, the customer |
10 | | shall be deemed to be a customer in this State if |
11 | | the billing address of the customer, as shown in |
12 | | the records of the dealer, is in this State; or |
13 | | (b) in all other cases, if the |
14 | | income-producing activity of the taxpayer is |
15 | | performed in this State or, if the |
16 | | income-producing activity of the taxpayer is |
17 | | performed both within and without this State, if a |
18 | | greater proportion of the income-producing |
19 | | activity of the taxpayer is performed within this |
20 | | State than in any other state, based on performance |
21 | | costs. |
22 | | (iv) Sales of services are in this State if the |
23 | | services are received in this State. For the purposes |
24 | | of this section, gross receipts from the performance of |
25 | | services provided to a corporation, partnership, or |
26 | | trust may only be attributed to a state where that |
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1 | | corporation, partnership, or trust has a fixed place of |
2 | | business. If the state where the services are received |
3 | | is not readily determinable or is a state where the |
4 | | corporation, partnership, or trust receiving the |
5 | | service does not have a fixed place of business, the |
6 | | services shall be deemed to be received at the location |
7 | | of the office of the customer from which the services |
8 | | were ordered in the regular course of the customer's |
9 | | trade or business. If the ordering office cannot be |
10 | | determined, the services shall be deemed to be received |
11 | | at the office of the customer to which the services are |
12 | | billed. If the taxpayer is not taxable in the state in |
13 | | which the services are received, the sale must be |
14 | | excluded from both the numerator and the denominator of |
15 | | the sales factor. The Department shall adopt rules |
16 | | prescribing where specific types of service are |
17 | | received, including, but not limited to, publishing, |
18 | | and utility service.
|
19 | | (D) For taxable years ending on or after December 31, |
20 | | 1995, the following
items of income shall not be included |
21 | | in the numerator or denominator of the
sales factor: |
22 | | dividends; amounts included under Section 78 of the |
23 | | Internal
Revenue Code; and Subpart F income as defined in |
24 | | Section 952 of the Internal
Revenue Code.
No inference |
25 | | shall be drawn from the enactment of this paragraph (D) in
|
26 | | construing this Section for taxable years ending before |
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1 | | December 31, 1995.
|
2 | | (E) Paragraphs (B-1) and (B-2) shall apply to tax years |
3 | | ending on or
after December 31, 1999, provided that a |
4 | | taxpayer may elect to apply the
provisions of these |
5 | | paragraphs to prior tax years. Such election shall be made
|
6 | | in the form and manner prescribed by the Department, shall |
7 | | be irrevocable, and
shall apply to all tax years; provided |
8 | | that, if a taxpayer's Illinois income
tax liability for any |
9 | | tax year, as assessed under Section 903 prior to January
1, |
10 | | 1999, was computed in a manner contrary to the provisions |
11 | | of paragraphs
(B-1) or (B-2), no refund shall be payable to |
12 | | the taxpayer for that tax year to
the extent such refund is |
13 | | the result of applying the provisions of paragraph
(B-1) or |
14 | | (B-2) retroactively. In the case of a unitary business |
15 | | group, such
election shall apply to all members of such |
16 | | group for every tax year such group
is in existence, but |
17 | | shall not apply to any taxpayer for any period during
which |
18 | | that taxpayer is not a member of such group.
|
19 | | (b) Insurance companies.
|
20 | | (1) In general. Except as otherwise
provided by |
21 | | paragraph (2), business income of an insurance company for |
22 | | a
taxable year shall be apportioned to this State by |
23 | | multiplying such
income by a fraction, the numerator of |
24 | | which is the direct premiums
written for insurance upon |
25 | | property or risk in this State, and the
denominator of |
26 | | which is the direct premiums written for insurance upon
|
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1 | | property or risk everywhere. For purposes of this |
2 | | subsection, the term
"direct premiums written" means the |
3 | | total amount of direct premiums
written, assessments and |
4 | | annuity considerations as reported for the
taxable year on |
5 | | the annual statement filed by the company with the
Illinois |
6 | | Director of Insurance in the form approved by the National
|
7 | | Convention of Insurance Commissioners
or such other form as |
8 | | may be
prescribed in lieu thereof.
|
9 | | (2) Reinsurance. If the principal source of premiums |
10 | | written by an
insurance company consists of premiums for |
11 | | reinsurance accepted by it,
the business income of such |
12 | | company shall be apportioned to this State
by multiplying |
13 | | such income by a fraction, the numerator of which is the
|
14 | | sum of (i) direct premiums written for insurance upon |
15 | | property or risk
in this State, plus (ii) premiums written |
16 | | for reinsurance accepted in
respect of property or risk in |
17 | | this State, and the denominator of which
is the sum of |
18 | | (iii) direct premiums written for insurance upon property
|
19 | | or risk everywhere, plus (iv) premiums written for |
20 | | reinsurance accepted
in respect of property or risk |
21 | | everywhere. For purposes of this
paragraph, premiums |
22 | | written for reinsurance accepted in respect of
property or |
23 | | risk in this State, whether or not otherwise determinable,
|
24 | | may, at the election of the company, be determined on the |
25 | | basis of the
proportion which premiums written for |
26 | | reinsurance accepted from
companies commercially domiciled |
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1 | | in Illinois bears to premiums written
for reinsurance |
2 | | accepted from all sources, or, alternatively, in the
|
3 | | proportion which the sum of the direct premiums written for |
4 | | insurance
upon property or risk in this State by each |
5 | | ceding company from which
reinsurance is accepted bears to |
6 | | the sum of the total direct premiums
written by each such |
7 | | ceding company for the taxable year. The election made by a |
8 | | company under this paragraph for its first taxable year |
9 | | ending on or after December 31, 2011, shall be binding for |
10 | | that company for that taxable year and for all subsequent |
11 | | taxable years, and may be altered only with the written |
12 | | permission of the Department, which shall not be |
13 | | unreasonably withheld.
|
14 | | (c) Financial organizations.
|
15 | | (1) In general. For taxable years ending before |
16 | | December 31, 2008, business income of a financial
|
17 | | organization shall be apportioned to this State by |
18 | | multiplying such
income by a fraction, the numerator of |
19 | | which is its business income from
sources within this |
20 | | State, and the denominator of which is its business
income |
21 | | from all sources. For the purposes of this subsection, the
|
22 | | business income of a financial organization from sources |
23 | | within this
State is the sum of the amounts referred to in |
24 | | subparagraphs (A) through
(E) following, but excluding the |
25 | | adjusted income of an international banking
facility as |
26 | | determined in paragraph (2):
|
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1 | | (A) Fees, commissions or other compensation for |
2 | | financial services
rendered within this State;
|
3 | | (B) Gross profits from trading in stocks, bonds or |
4 | | other securities
managed within this State;
|
5 | | (C) Dividends, and interest from Illinois |
6 | | customers, which are received
within this State;
|
7 | | (D) Interest charged to customers at places of |
8 | | business maintained
within this State for carrying |
9 | | debit balances of margin accounts,
without deduction |
10 | | of any costs incurred in carrying such accounts; and
|
11 | | (E) Any other gross income resulting from the |
12 | | operation as a
financial organization within this |
13 | | State. In computing the amounts
referred to in |
14 | | paragraphs (A) through (E) of this subsection, any |
15 | | amount
received by a member of an affiliated group |
16 | | (determined under Section
1504(a) of the Internal |
17 | | Revenue Code but without reference to whether
any such |
18 | | corporation is an "includible corporation" under |
19 | | Section
1504(b) of the Internal Revenue Code) from |
20 | | another member of such group
shall be included only to |
21 | | the extent such amount exceeds expenses of the
|
22 | | recipient directly related thereto.
|
23 | | (2) International Banking Facility. For taxable years |
24 | | ending before December 31, 2008:
|
25 | | (A) Adjusted Income. The adjusted income of an |
26 | | international banking
facility is its income reduced |
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1 | | by the amount of the floor amount.
|
2 | | (B) Floor Amount. The floor amount shall be the |
3 | | amount, if any,
determined
by multiplying the income of |
4 | | the international banking facility by a fraction,
not |
5 | | greater than one, which is determined as follows:
|
6 | | (i) The numerator shall be:
|
7 | | The average aggregate, determined on a |
8 | | quarterly basis, of the
financial
organization's |
9 | | loans to banks in foreign countries, to foreign |
10 | | domiciled
borrowers (except where secured |
11 | | primarily by real estate) and to foreign
|
12 | | governments and other foreign official |
13 | | institutions, as reported for its
branches, |
14 | | agencies and offices within the state on its |
15 | | "Consolidated Report
of Condition", Schedule A, |
16 | | Lines 2.c., 5.b., and 7.a., which was filed with
|
17 | | the Federal Deposit Insurance Corporation and |
18 | | other regulatory authorities,
for the year 1980, |
19 | | minus
|
20 | | The average aggregate, determined on a |
21 | | quarterly basis, of such loans
(other
than loans of |
22 | | an international banking facility), as reported by |
23 | | the financial
institution for its branches, |
24 | | agencies and offices within the state, on
the |
25 | | corresponding Schedule and lines of the |
26 | | Consolidated Report of Condition
for the current |
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1 | | taxable year, provided, however, that in no case |
2 | | shall the
amount determined in this clause (the |
3 | | subtrahend) exceed the amount determined
in the |
4 | | preceding clause (the minuend); and
|
5 | | (ii) the denominator shall be the average |
6 | | aggregate, determined on a
quarterly basis, of the |
7 | | international banking facility's loans to banks in
|
8 | | foreign countries, to foreign domiciled borrowers |
9 | | (except where secured
primarily by real estate) |
10 | | and to foreign governments and other foreign
|
11 | | official institutions, which were recorded in its |
12 | | financial accounts for
the current taxable year.
|
13 | | (C) Change to Consolidated Report of Condition and |
14 | | in Qualification.
In the event the Consolidated Report |
15 | | of Condition which is filed with the
Federal Deposit |
16 | | Insurance Corporation and other regulatory authorities |
17 | | is
altered so that the information required for |
18 | | determining the floor amount
is not found on Schedule |
19 | | A, lines 2.c., 5.b. and 7.a., the financial
institution |
20 | | shall notify the Department and the Department may, by
|
21 | | regulations or otherwise, prescribe or authorize the |
22 | | use of an alternative
source for such information. The |
23 | | financial institution shall also notify
the Department |
24 | | should its international banking facility fail to |
25 | | qualify as
such, in whole or in part, or should there |
26 | | be any amendment or change to
the Consolidated Report |
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1 | | of Condition, as originally filed, to the extent
such |
2 | | amendment or change alters the information used in |
3 | | determining the floor
amount.
|
4 | | (3) For taxable years ending on or after December 31, |
5 | | 2008, the business income of a financial organization shall |
6 | | be apportioned to this State by multiplying such income by |
7 | | a fraction, the numerator of which is its gross receipts |
8 | | from sources in this State or otherwise attributable to |
9 | | this State's marketplace and the denominator of which is |
10 | | its gross receipts everywhere during the taxable year. |
11 | | "Gross receipts" for purposes of this subparagraph (3) |
12 | | means gross income, including net taxable gain on |
13 | | disposition of assets, including securities and money |
14 | | market instruments, when derived from transactions and |
15 | | activities in the regular course of the financial |
16 | | organization's trade or business. The following examples |
17 | | are illustrative:
|
18 | | (i) Receipts from the lease or rental of real or |
19 | | tangible personal property are in this State if the |
20 | | property is located in this State during the rental |
21 | | period. Receipts from the lease or rental of tangible |
22 | | personal property that is characteristically moving |
23 | | property, including, but not limited to, motor |
24 | | vehicles, rolling stock, aircraft, vessels, or mobile |
25 | | equipment are from sources in this State to the extent |
26 | | that the property is used in this State. |
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1 | | (ii) Interest income, commissions, fees, gains on |
2 | | disposition, and other receipts from assets in the |
3 | | nature of loans that are secured primarily by real |
4 | | estate or tangible personal property are from sources |
5 | | in this State if the security is located in this State. |
6 | | (iii) Interest income, commissions, fees, gains on |
7 | | disposition, and other receipts from consumer loans |
8 | | that are not secured by real or tangible personal |
9 | | property are from sources in this State if the debtor |
10 | | is a resident of this State. |
11 | | (iv) Interest income, commissions, fees, gains on |
12 | | disposition, and other receipts from commercial loans |
13 | | and installment obligations that are not secured by |
14 | | real or tangible personal property are from sources in |
15 | | this State if the proceeds of the loan are to be |
16 | | applied in this State. If it cannot be determined where |
17 | | the funds are to be applied, the income and receipts |
18 | | are from sources in this State if the office of the |
19 | | borrower from which the loan was negotiated in the |
20 | | regular course of business is located in this State. If |
21 | | the location of this office cannot be determined, the |
22 | | income and receipts shall be excluded from the |
23 | | numerator and denominator of the sales factor.
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24 | | (v) Interest income, fees, gains on disposition, |
25 | | service charges, merchant discount income, and other |
26 | | receipts from credit card receivables are from sources |
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1 | | in this State if the card charges are regularly billed |
2 | | to a customer in this State. |
3 | | (vi) Receipts from the performance of services, |
4 | | including, but not limited to, fiduciary, advisory, |
5 | | and brokerage services, are in this State if the |
6 | | services are received in this State within the meaning |
7 | | of subparagraph (a)(3)(C-5)(iv) of this Section. |
8 | | (vii) Receipts from the issuance of travelers |
9 | | checks and money orders are from sources in this State |
10 | | if the checks and money orders are issued from a |
11 | | location within this State. |
12 | | (viii) Receipts from investment assets and |
13 | | activities and trading assets and activities are |
14 | | included in the receipts factor as follows: |
15 | | (1) Interest, dividends, net gains (but not |
16 | | less than zero) and other income from investment |
17 | | assets and activities from trading assets and |
18 | | activities shall be included in the receipts |
19 | | factor. Investment assets and activities and |
20 | | trading assets and activities include but are not |
21 | | limited to: investment securities; trading account |
22 | | assets; federal funds; securities purchased and |
23 | | sold under agreements to resell or repurchase; |
24 | | options; futures contracts; forward contracts; |
25 | | notional principal contracts such as swaps; |
26 | | equities; and foreign currency transactions. With |
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1 | | respect to the investment and trading assets and |
2 | | activities described in subparagraphs (A) and (B) |
3 | | of this paragraph, the receipts factor shall |
4 | | include the amounts described in such |
5 | | subparagraphs. |
6 | | (A) The receipts factor shall include the |
7 | | amount by which interest from federal funds |
8 | | sold and securities purchased under resale |
9 | | agreements exceeds interest expense on federal |
10 | | funds purchased and securities sold under |
11 | | repurchase agreements. |
12 | | (B) The receipts factor shall include the |
13 | | amount by which interest, dividends, gains and |
14 | | other income from trading assets and |
15 | | activities, including but not limited to |
16 | | assets and activities in the matched book, in |
17 | | the arbitrage book, and foreign currency |
18 | | transactions, exceed amounts paid in lieu of |
19 | | interest, amounts paid in lieu of dividends, |
20 | | and losses from such assets and activities. |
21 | | (2) The numerator of the receipts factor |
22 | | includes interest, dividends, net gains (but not |
23 | | less than zero), and other income from investment |
24 | | assets and activities and from trading assets and |
25 | | activities described in paragraph (1) of this |
26 | | subsection that are attributable to this State. |
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1 | | (A) The amount of interest, dividends, net |
2 | | gains (but not less than zero), and other |
3 | | income from investment assets and activities |
4 | | in the investment account to be attributed to |
5 | | this State and included in the numerator is |
6 | | determined by multiplying all such income from |
7 | | such assets and activities by a fraction, the |
8 | | numerator of which is the gross income from |
9 | | such assets and activities which are properly |
10 | | assigned to a fixed place of business of the |
11 | | taxpayer within this State and the denominator |
12 | | of which is the gross income from all such |
13 | | assets and activities. |
14 | | (B) The amount of interest from federal |
15 | | funds sold and purchased and from securities |
16 | | purchased under resale agreements and |
17 | | securities sold under repurchase agreements |
18 | | attributable to this State and included in the |
19 | | numerator is determined by multiplying the |
20 | | amount described in subparagraph (A) of |
21 | | paragraph (1) of this subsection from such |
22 | | funds and such securities by a fraction, the |
23 | | numerator of which is the gross income from |
24 | | such funds and such securities which are |
25 | | properly assigned to a fixed place of business |
26 | | of the taxpayer within this State and the |
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1 | | denominator of which is the gross income from |
2 | | all such funds and such securities. |
3 | | (C) The amount of interest, dividends, |
4 | | gains, and other income from trading assets and |
5 | | activities, including but not limited to |
6 | | assets and activities in the matched book, in |
7 | | the arbitrage book and foreign currency |
8 | | transactions (but excluding amounts described |
9 | | in subparagraphs (A) or (B) of this paragraph), |
10 | | attributable to this State and included in the |
11 | | numerator is determined by multiplying the |
12 | | amount described in subparagraph (B) of |
13 | | paragraph (1) of this subsection by a fraction, |
14 | | the numerator of which is the gross income from |
15 | | such trading assets and activities which are |
16 | | properly assigned to a fixed place of business |
17 | | of the taxpayer within this State and the |
18 | | denominator of which is the gross income from |
19 | | all such assets and activities. |
20 | | (D) Properly assigned, for purposes of |
21 | | this paragraph (2) of this subsection, means |
22 | | the investment or trading asset or activity is |
23 | | assigned to the fixed place of business with |
24 | | which it has a preponderance of substantive |
25 | | contacts. An investment or trading asset or |
26 | | activity assigned by the taxpayer to a fixed |
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1 | | place of business without the State shall be |
2 | | presumed to have been properly assigned if: |
3 | | (i) the taxpayer has assigned, in the |
4 | | regular course of its business, such asset |
5 | | or activity on its records to a fixed place |
6 | | of business consistent with federal or |
7 | | state regulatory requirements; |
8 | | (ii) such assignment on its records is |
9 | | based upon substantive contacts of the |
10 | | asset or activity to such fixed place of |
11 | | business; and |
12 | | (iii) the taxpayer uses such records |
13 | | reflecting assignment of such assets or |
14 | | activities for the filing of all state and |
15 | | local tax returns for which an assignment |
16 | | of such assets or activities to a fixed |
17 | | place of business is required. |
18 | | (E) The presumption of proper assignment |
19 | | of an investment or trading asset or activity |
20 | | provided in subparagraph (D) of paragraph (2) |
21 | | of this subsection may be rebutted upon a |
22 | | showing by the Department, supported by a |
23 | | preponderance of the evidence, that the |
24 | | preponderance of substantive contacts |
25 | | regarding such asset or activity did not occur |
26 | | at the fixed place of business to which it was |
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1 | | assigned on the taxpayer's records. If the |
2 | | fixed place of business that has a |
3 | | preponderance of substantive contacts cannot |
4 | | be determined for an investment or trading |
5 | | asset or activity to which the presumption in |
6 | | subparagraph (D) of paragraph (2) of this |
7 | | subsection does not apply or with respect to |
8 | | which that presumption has been rebutted, that |
9 | | asset or activity is properly assigned to the |
10 | | state in which the taxpayer's commercial |
11 | | domicile is located. For purposes of this |
12 | | subparagraph (E), it shall be presumed, |
13 | | subject to rebuttal, that taxpayer's |
14 | | commercial domicile is in the state of the |
15 | | United States or the District of Columbia to |
16 | | which the greatest number of employees are |
17 | | regularly connected with the management of the |
18 | | investment or trading income or out of which |
19 | | they are working, irrespective of where the |
20 | | services of such employees are performed, as of |
21 | | the last day of the taxable year.
|
22 | | (4) (Blank). |
23 | | (5) (Blank). |
24 | | (c-1) Federally regulated exchanges. For taxable years |
25 | | ending on or after December 31, 2012, business income of a |
26 | | federally regulated exchange shall, at the option of the |
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1 | | federally regulated exchange, be apportioned to this State by |
2 | | multiplying such income by a fraction, the numerator of which |
3 | | is its business income from sources within this State, and the |
4 | | denominator of which is its business income from all sources. |
5 | | For purposes of this subsection, the business income within |
6 | | this State of a federally regulated exchange is the sum of the |
7 | | following: |
8 | | (1) Receipts attributable to transactions executed on |
9 | | a physical trading floor if that physical trading floor is |
10 | | located in this State. |
11 | | (2) Receipts attributable to all other matching, |
12 | | execution, or clearing transactions, including without |
13 | | limitation receipts from the provision of matching, |
14 | | execution, or clearing services to another entity, |
15 | | multiplied by (i) for taxable years ending on or after |
16 | | December 31, 2012 but before December 31, 2013, 63.77%; and |
17 | | (ii) for taxable years ending on or after December 31, |
18 | | 2013, 27.54%. |
19 | | (3) All other receipts not governed by subparagraphs |
20 | | (1) or (2) of this subsection (c-1), to the extent the |
21 | | receipts would be characterized as "sales in this State" |
22 | | under item (3) of subsection (a) of this Section. |
23 | | "Federally regulated exchange" means (i) a "registered |
24 | | entity" within the meaning of 7 U.S.C. Section 1a(40)(A), (B), |
25 | | or (C), (ii) an "exchange" or "clearing agency" within the |
26 | | meaning of 15 U.S.C. Section 78c (a)(1) or (23), (iii) any such |
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1 | | entities regulated under any successor regulatory structure to |
2 | | the foregoing, and (iv) all taxpayers who are members of the |
3 | | same unitary business group as a federally regulated exchange, |
4 | | determined without regard to the prohibition in Section |
5 | | 1501(a)(27) of this Act against including in a unitary business |
6 | | group taxpayers who are ordinarily required to apportion |
7 | | business income under different subsections of this Section; |
8 | | provided that this subparagraph (iv) shall apply only if 50% or |
9 | | more of the business receipts of the unitary business group |
10 | | determined by application of this subparagraph (iv) for the |
11 | | taxable year are attributable to the matching, execution, or |
12 | | clearing of transactions conducted by an entity described in |
13 | | subparagraph (i), (ii), or (iii) of this paragraph. |
14 | | In no event shall the Illinois apportionment percentage |
15 | | computed in accordance with this subsection (c-1) for any |
16 | | taxpayer for any tax year be less than the Illinois |
17 | | apportionment percentage computed under this subsection (c-1) |
18 | | for that taxpayer for the first full tax year ending on or |
19 | | after December 31, 2013 for which this subsection (c-1) applied |
20 | | to the taxpayer. |
21 | | (d) Transportation services. For taxable years ending |
22 | | before December 31, 2008, business income derived from |
23 | | furnishing
transportation services shall be apportioned to |
24 | | this State in accordance
with paragraphs (1) and (2):
|
25 | | (1) Such business income (other than that derived from
|
26 | | transportation by pipeline) shall be apportioned to this |
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1 | | State by
multiplying such income by a fraction, the |
2 | | numerator of which is the
revenue miles of the person in |
3 | | this State, and the denominator of which
is the revenue |
4 | | miles of the person everywhere. For purposes of this
|
5 | | paragraph, a revenue mile is the transportation of 1 |
6 | | passenger or 1 net
ton of freight the distance of 1 mile |
7 | | for a consideration. Where a
person is engaged in the |
8 | | transportation of both passengers and freight,
the |
9 | | fraction above referred to shall be determined by means of |
10 | | an
average of the passenger revenue mile fraction and the |
11 | | freight revenue
mile fraction, weighted to reflect the |
12 | | person's
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13 | | (A) relative railway operating income from total |
14 | | passenger and total
freight service, as reported to the |
15 | | Interstate Commerce Commission, in
the case of |
16 | | transportation by railroad, and
|
17 | | (B) relative gross receipts from passenger and |
18 | | freight
transportation, in case of transportation |
19 | | other than by railroad.
|
20 | | (2) Such business income derived from transportation |
21 | | by pipeline
shall be apportioned to this State by |
22 | | multiplying such income by a
fraction, the numerator of |
23 | | which is the revenue miles of the person in
this State, and |
24 | | the denominator of which is the revenue miles of the
person |
25 | | everywhere. For the purposes of this paragraph, a revenue |
26 | | mile is
the transportation by pipeline of 1 barrel of oil, |
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1 | | 1,000 cubic feet of
gas, or of any specified quantity of |
2 | | any other substance, the distance
of 1 mile for a |
3 | | consideration.
|
4 | | (3) For taxable years ending on or after December 31, |
5 | | 2008, business income derived from providing |
6 | | transportation services other than airline services shall |
7 | | be apportioned to this State by using a fraction, (a) the |
8 | | numerator of which shall be (i) all receipts from any |
9 | | movement or shipment of people, goods, mail, oil, gas, or |
10 | | any other substance (other than by airline) that both |
11 | | originates and terminates in this State, plus (ii) that |
12 | | portion of the person's gross receipts from movements or |
13 | | shipments of people, goods, mail, oil, gas, or any other |
14 | | substance (other than by airline) that originates in one |
15 | | state or jurisdiction and terminates in another state or |
16 | | jurisdiction, that is determined by the ratio that the |
17 | | miles traveled in this State bears to total miles |
18 | | everywhere and (b) the denominator of which shall be all |
19 | | revenue derived from the movement or shipment of people, |
20 | | goods, mail, oil, gas, or any other substance (other than |
21 | | by airline). Where a taxpayer is engaged in the |
22 | | transportation of both passengers and freight, the |
23 | | fraction above referred to shall first be determined |
24 | | separately for passenger miles and freight miles. Then an |
25 | | average of the passenger miles fraction and the freight |
26 | | miles fraction shall be weighted to reflect the taxpayer's: |
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1 | | (A) relative railway operating income from total |
2 | | passenger and total freight service, as reported to the |
3 | | Surface Transportation Board, in the case of |
4 | | transportation by railroad; and |
5 | | (B) relative gross receipts from passenger and |
6 | | freight transportation, in case of transportation |
7 | | other than by railroad.
|
8 | | (4) For taxable years ending on or after December 31, |
9 | | 2008, business income derived from furnishing airline
|
10 | | transportation services shall be apportioned to this State |
11 | | by
multiplying such income by a fraction, the numerator of |
12 | | which is the
revenue miles of the person in this State, and |
13 | | the denominator of which
is the revenue miles of the person |
14 | | everywhere. For purposes of this
paragraph, a revenue mile |
15 | | is the transportation of one passenger or one net
ton of |
16 | | freight the distance of one mile for a consideration. If a
|
17 | | person is engaged in the transportation of both passengers |
18 | | and freight,
the fraction above referred to shall be |
19 | | determined by means of an
average of the passenger revenue |
20 | | mile fraction and the freight revenue
mile fraction, |
21 | | weighted to reflect the person's relative gross receipts |
22 | | from passenger and freight
airline transportation.
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23 | | (e) Combined apportionment. Where 2 or more persons are |
24 | | engaged in
a unitary business as described in subsection |
25 | | (a)(27) of
Section 1501,
a part of which is conducted in this |
26 | | State by one or more members of the
group, the business income |
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1 | | attributable to this State by any such member
or members shall |
2 | | be apportioned by means of the combined apportionment method.
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3 | | (f) Alternative allocation. If the allocation and |
4 | | apportionment
provisions of subsections (a) through (e) and of |
5 | | subsection (h) do not, for taxable years ending before December |
6 | | 31, 2008, fairly represent the
extent of a person's business |
7 | | activity in this State, or, for taxable years ending on or |
8 | | after December 31, 2008, fairly represent the market for the |
9 | | person's goods, services, or other sources of business income, |
10 | | the person may
petition for, or the Director may, without a |
11 | | petition, permit or require, in respect of all or any part
of |
12 | | the person's business activity, if reasonable:
|
13 | | (1) Separate accounting;
|
14 | | (2) The exclusion of any one or more factors;
|
15 | | (3) The inclusion of one or more additional factors |
16 | | which will
fairly represent the person's business |
17 | | activities or market in this State; or
|
18 | | (4) The employment of any other method to effectuate an |
19 | | equitable
allocation and apportionment of the person's |
20 | | business income.
|
21 | | (g) Cross reference. For allocation of business income by |
22 | | residents,
see Section 301(a).
|
23 | | (h) For tax years ending on or after December 31, 1998, the |
24 | | apportionment
factor of persons who apportion their business |
25 | | income to this State under
subsection (a) shall be equal to:
|
26 | | (1) for tax years ending on or after December 31, 1998 |
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1 | | and before December
31, 1999, 16 2/3% of the property |
2 | | factor plus 16 2/3% of the payroll factor
plus
66 2/3% of |
3 | | the sales factor;
|
4 | | (2) for tax years ending on or after December 31, 1999 |
5 | | and before December
31,
2000, 8 1/3% of the property factor |
6 | | plus 8 1/3% of the payroll factor plus 83
1/3%
of the sales |
7 | | factor;
|
8 | | (3) for tax years ending on or after December 31, 2000, |
9 | | the sales factor.
|
10 | | If, in any tax year ending on or after December 31, 1998 and |
11 | | before December
31, 2000, the denominator of the payroll, |
12 | | property, or sales factor is zero,
the apportionment
factor |
13 | | computed in paragraph (1) or (2) of this subsection for that |
14 | | year shall
be divided by an amount equal to 100% minus the |
15 | | percentage weight given to each
factor whose denominator is |
16 | | equal to zero.
|
17 | | (Source: P.A. 98-478, eff. 1-1-14; 98-496, eff. 1-1-14; 98-756, |
18 | | eff. 7-16-14; 99-642, eff. 7-28-16; revised 11-14-16.)
|
19 | | (35 ILCS 5/710) (from Ch. 120, par. 7-710)
|
20 | | Sec. 710. Withholding from lottery winnings. |
21 | | (a) In general. |
22 | | (1) Any person
making a payment to a resident or |
23 | | nonresident of winnings under the Illinois
Lottery Law and |
24 | | not required to withhold Illinois income tax from such |
25 | | payment
under Subsection (b) of Section 701 of this Act |
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1 | | because those winnings are
not subject to Federal income |
2 | | tax withholding, must withhold Illinois income
tax from |
3 | | such payment at a rate equal to the percentage tax rate for |
4 | | individuals
provided in subsection (b) of Section 201, |
5 | | provided that withholding is
not required if such payment |
6 | | of winnings is less than $1,000.
|
7 | | (2) In the case of an assignment of a lottery prize |
8 | | under Section 13.1 of the Illinois Lottery Law, any person |
9 | | making a payment of the purchase price after December 31, |
10 | | 2013, shall withhold from the amount of each payment at a |
11 | | rate equal to the percentage tax rate for individuals |
12 | | provided in subsection (b) of Section 201. |
13 | | (3) Any person making a payment after December 31, 2017 |
14 | | to a resident or nonresident of
winnings from pari-mutuel |
15 | | wagering conducted at a wagering facility licensed under |
16 | | the Illinois Horse
Racing Act of 1975 or from gambling |
17 | | games conducted on a riverboat or in a casino or electronic |
18 | | gaming
facility licensed under the Illinois Gambling Act |
19 | | must withhold Illinois income tax from such payment at a
|
20 | | rate equal to the percentage tax rate for individuals |
21 | | provided in subsection (b) of Section 201, provided that
|
22 | | the person making the payment is required to withhold under |
23 | | Section 3402(q) of the Internal Revenue Code. |
24 | | (b) Credit for taxes withheld. Any amount withheld under |
25 | | Subsection (a)
shall be a credit against the Illinois income |
26 | | tax liability of the person
to whom the payment of winnings was |
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1 | | made for the taxable year in which that
person incurred an |
2 | | Illinois income tax liability with respect to those winnings.
|
3 | | (Source: P.A. 98-496, eff. 1-1-14.)
|
4 | | Section 90-23. The Property Tax Code is amended by adding |
5 | | Section 15-144 as follows: |
6 | | (35 ILCS 200/15-144 new) |
7 | | Sec. 15-144. Chicago Casino Development Authority. All |
8 | | property owned by the Chicago Casino Development Authority is |
9 | | exempt. Any property owned by the Chicago Casino Development |
10 | | Authority and leased to any other entity is not exempt. |
11 | | Section 90-24. The Illinois Municipal Code is amended by |
12 | | adding Section 8-10-2.6 as follows: |
13 | | (65 ILCS 5/8-10-2.6 new) |
14 | | Sec. 8-10-2.6. Chicago Casino Development Authority. |
15 | | Except as otherwise provided in the Chicago Casino Development |
16 | | Authority Act, this Division 10 applies to purchase orders and |
17 | | contracts relating to the Chicago Casino Development |
18 | | Authority. |
19 | | Section 90-25. The Joliet Regional Port District Act is |
20 | | amended by changing Section 5.1 as follows:
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1 | | (70 ILCS 1825/5.1) (from Ch. 19, par. 255.1)
|
2 | | Sec. 5.1. Riverboat and casino gambling. Notwithstanding |
3 | | any other provision of
this Act, the District may not regulate |
4 | | the operation, conduct, or
navigation of any riverboat gambling |
5 | | casino licensed under the Illinois Riverboat
Gambling Act, and |
6 | | the District
may not license, tax, or otherwise levy any |
7 | | assessment of any kind on
any riverboat gambling casino |
8 | | licensed under the Illinois Riverboat Gambling Act. The
General |
9 | | Assembly declares that the powers to regulate the operation,
|
10 | | conduct, and navigation of riverboat gambling casinos and to |
11 | | license, tax,
and levy assessments upon riverboat gambling |
12 | | casinos are exclusive powers of
the State of Illinois and the |
13 | | Illinois Gaming Board as provided in the
Illinois Riverboat |
14 | | Gambling Act.
|
15 | | (Source: P.A. 87-1175.)
|
16 | | Section 90-30. The Consumer Installment Loan Act is amended |
17 | | by changing Section 12.5 as follows:
|
18 | | (205 ILCS 670/12.5)
|
19 | | Sec. 12.5. Limited purpose branch.
|
20 | | (a) Upon the written approval of the Director, a licensee |
21 | | may maintain a
limited purpose branch for the sole purpose of |
22 | | making loans as permitted by
this Act. A limited purpose branch |
23 | | may include an automatic loan machine. No
other activity shall |
24 | | be conducted at the site, including but not limited to,
|
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1 | | accepting payments, servicing the accounts, or collections.
|
2 | | (b) The licensee must submit an application for a limited |
3 | | purpose branch to
the Director on forms prescribed by the |
4 | | Director with an application fee of
$300. The approval for the |
5 | | limited purpose branch must be renewed concurrently
with the |
6 | | renewal of the licensee's license along with a renewal fee of |
7 | | $300 for
the limited purpose branch.
|
8 | | (c) The books, accounts, records, and files of the limited |
9 | | purpose branch's
transactions shall be maintained at the |
10 | | licensee's licensed location. The
licensee shall notify the |
11 | | Director of the licensed location at which the books,
accounts, |
12 | | records, and files shall be maintained.
|
13 | | (d) The licensee shall prominently display at the limited |
14 | | purpose branch the
address and telephone number of the |
15 | | licensee's licensed location.
|
16 | | (e) No other business shall be conducted at the site of the |
17 | | limited purpose
branch unless authorized by the Director.
|
18 | | (f) The Director shall make and enforce reasonable rules |
19 | | for the conduct of
a limited purpose branch.
|
20 | | (g) A limited purpose branch may not be located
within |
21 | | 1,000 feet of a facility operated by an inter-track wagering |
22 | | licensee or
an organization licensee subject to the Illinois |
23 | | Horse Racing Act of 1975,
on a riverboat or in a casino subject |
24 | | to
the Illinois Riverboat Gambling Act, or within 1,000 feet of |
25 | | the location at which the
riverboat docks or within 1,000 feet |
26 | | of a casino .
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1 | | (Source: P.A. 90-437, eff. 1-1-98.)
|
2 | | Section 90-35. The Illinois Horse Racing Act of 1975 is |
3 | | amended by changing Sections 1.2, 3.11, 3.12, 6, 9, 15, 18, 19, |
4 | | 20, 21, 24, 25, 26, 26.8, 26.9, 27, 30, 30.5, 31, 32.1, 36, 40, |
5 | | and 54.75 and by adding Sections 3.31, 3.32, 3.33, 3.35, 3.36, |
6 | | 34.3, and 56 as follows:
|
7 | | (230 ILCS 5/1.2)
|
8 | | Sec. 1.2. Legislative intent. This Act is intended to |
9 | | benefit the people of the State of Illinois by
encouraging the |
10 | | breeding and production of race horses, assisting economic
|
11 | | development and promoting Illinois tourism.
The General |
12 | | Assembly finds and declares it to be the public policy
of the |
13 | | State
of Illinois to:
|
14 | | (a) support and enhance Illinois' horse racing industry, |
15 | | which is a
significant
component within the agribusiness |
16 | | industry;
|
17 | | (b) ensure that Illinois' horse racing industry remains |
18 | | competitive with
neighboring states;
|
19 | | (c) stimulate growth within Illinois' horse racing |
20 | | industry, thereby
encouraging
new investment and development |
21 | | to produce additional tax revenues and to
create additional |
22 | | jobs;
|
23 | | (d) promote the further growth of tourism;
|
24 | | (e) encourage the breeding of thoroughbred and |
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1 | | standardbred horses in this
State; and
|
2 | | (f) ensure that public confidence and trust in the |
3 | | credibility and integrity
of
racing operations and the |
4 | | regulatory process is maintained.
|
5 | | (Source: P.A. 91-40, eff. 6-25-99.)
|
6 | | (230 ILCS 5/3.11) (from Ch. 8, par. 37-3.11)
|
7 | | Sec. 3.11.
"Organization Licensee" means any person |
8 | | receiving
an organization license from the Board to conduct a |
9 | | race meeting or meetings. With respect only to electronic |
10 | | gaming, "organization licensee" includes the authorization for |
11 | | an electronic gaming license under subsection (a) of Section 56 |
12 | | of this Act.
|
13 | | (Source: P.A. 79-1185.)
|
14 | | (230 ILCS 5/3.12) (from Ch. 8, par. 37-3.12)
|
15 | | Sec. 3.12. Pari-mutuel system of
wagering.
"Pari-mutuel |
16 | | system of
wagering" means a form of wagering on the outcome of
|
17 | | horse races in which
wagers are made in various
denominations |
18 | | on a horse or horses
and
all wagers for each race are pooled |
19 | | and held by a licensee
for distribution in a manner approved by |
20 | | the Board. "Pari-mutuel system of wagering" shall not include |
21 | | wagering on historic races. Wagers may be placed via any method |
22 | | or at any location authorized under this Act.
|
23 | | (Source: P.A. 96-762, eff. 8-25-09.)
|
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1 | | (230 ILCS 5/3.31 new) |
2 | | Sec. 3.31. Adjusted gross receipts. "Adjusted gross |
3 | | receipts" means the gross receipts less winnings paid to |
4 | | wagerers. |
5 | | (230 ILCS 5/3.32 new) |
6 | | Sec. 3.32. Gross receipts. "Gross receipts" means the total |
7 | | amount of money exchanged for the purchase of chips, tokens, or |
8 | | electronic cards by riverboat or casino patrons or electronic |
9 | | gaming patrons. |
10 | | (230 ILCS 5/3.33 new) |
11 | | Sec. 3.33. Electronic gaming. "Electronic gaming" means |
12 | | slot machine gambling or gambling with table games positioned |
13 | | within an electronic gaming facility as defined in the Illinois |
14 | | Gambling Act or defined by the Illinois Gaming Board that is |
15 | | conducted at a race track pursuant to an electronic gaming |
16 | | license. |
17 | | (230 ILCS 5/3.35 new) |
18 | | Sec. 3.35. Electronic gaming license. "Electronic gaming |
19 | | license" means a license issued by the Illinois Gaming Board |
20 | | under Section 7.7 of the Illinois Gambling Act authorizing |
21 | | electronic gaming at an electronic gaming facility. |
22 | | (230 ILCS 5/3.36 new) |
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1 | | Sec. 3.36. Electronic gaming facility. "Electronic gaming |
2 | | facility" means that portion of an organization licensee's race |
3 | | track facility at which electronic gaming is conducted.
|
4 | | (230 ILCS 5/6) (from Ch. 8, par. 37-6)
|
5 | | Sec. 6. Restrictions on Board members. |
6 | | (a) No person shall be appointed a member of the Board or |
7 | | continue to be a member of the Board if the person or any |
8 | | member of their immediate family is a member of the Board of |
9 | | Directors, employee, or financially interested in any of the |
10 | | following: (i) any licensee or other person who has applied for |
11 | | racing dates to the Board, or the operations thereof including, |
12 | | but not limited to, concessions, data processing, track |
13 | | maintenance, track security, and pari-mutuel operations, |
14 | | located, scheduled or doing business within the State of |
15 | | Illinois, (ii) any race horse competing at a meeting under the |
16 | | Board's jurisdiction, or (iii) any licensee under the Illinois |
17 | | Gambling Act. No person shall be appointed a member of the |
18 | | Board or continue
to be
a member of the Board who is (or any |
19 | | member of whose family is) a member of the
Board of Directors |
20 | | of, or who is a person financially interested in, any
licensee |
21 | | or other person who has applied for racing dates to the
Board, |
22 | | or the operations thereof including, but not
limited to, |
23 | | concessions, data
processing, track maintenance, track |
24 | | security and pari-mutuel operations,
located, scheduled
or |
25 | | doing business within the State of Illinois, or in any race |
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1 | | horse competing
at a meeting
under the Board's jurisdiction. No |
2 | | Board member shall hold any other public
office for which he
|
3 | | shall receive compensation other than necessary travel or other |
4 | | incidental
expenses.
|
5 | | (b) No person shall be a member of the Board who is not of |
6 | | good moral
character or who
has been convicted of, or is under |
7 | | indictment for, a felony under the laws
of Illinois or any
|
8 | | other state, or the United States.
|
9 | | (c) No member of the Board or employee shall engage in any |
10 | | political activity. |
11 | | For the purposes of this subsection (c): |
12 | | "Political" means any activity in support of or in |
13 | | connection with any campaign for State or local elective office |
14 | | or any political organization, but does not include activities |
15 | | (i) relating to the support or opposition of any executive, |
16 | | legislative, or administrative action (as those terms are |
17 | | defined in Section 2 of the Lobbyist Registration Act), (ii) |
18 | | relating to collective bargaining, or (iii) that are otherwise |
19 | | in furtherance of the person's official State duties or |
20 | | governmental and public service functions. |
21 | | "Political organization" means a party, committee, |
22 | | association, fund, or other organization (whether or not |
23 | | incorporated) that is required to file a statement of |
24 | | organization with the State Board of Elections or county clerk |
25 | | under Section 9-3 of the Election Code, but only with regard to |
26 | | those activities that require filing with the State Board of |
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1 | | Elections or county clerk. |
2 | | (d) Board members and employees may not engage in |
3 | | communications or any activity that may cause or have the |
4 | | appearance of causing a conflict of interest. A conflict of |
5 | | interest exists if a situation influences or creates the |
6 | | appearance that it may influence judgment or performance of |
7 | | regulatory duties and responsibilities. This prohibition shall |
8 | | extend to any act identified by Board action that, in the |
9 | | judgment of the Board, could represent the potential for or the |
10 | | appearance of a conflict of interest. |
11 | | (e) Board members and employees may not accept any gift, |
12 | | gratuity, service, compensation, travel, lodging, or thing of |
13 | | value, with the exception of unsolicited items of an incidental |
14 | | nature, from any person, corporation, limited liability |
15 | | company, or entity doing business with the Board. |
16 | | (f) A Board member or employee shall not use or attempt to |
17 | | use his or her official position to secure, or attempt to |
18 | | secure, any privilege, advantage, favor, or influence for |
19 | | himself or herself or others. No Board member or employee, |
20 | | within a period of one year immediately preceding nomination by |
21 | | the Governor or employment, shall have been employed or |
22 | | received compensation or fees for services from a person or |
23 | | entity, or its parent or affiliate, that has engaged in |
24 | | business with the Board, a licensee or a licensee under the |
25 | | Illinois Gambling Act. In addition, all Board members and |
26 | | employees are subject to the restrictions set forth in Section |
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1 | | 5-45 of the State Officials and Employees Ethics Act. |
2 | | (Source: P.A. 89-16, eff. 5-30-95.)
|
3 | | (230 ILCS 5/9) (from Ch. 8, par. 37-9)
|
4 | | Sec. 9.
The Board shall have all powers necessary and |
5 | | proper to fully and
effectively execute the provisions of this |
6 | | Act, including, but not
limited to, the following:
|
7 | | (a) The Board is vested with jurisdiction and supervision |
8 | | over all race
meetings in this State, over all licensees doing |
9 | | business
in this
State, over all occupation licensees, and over |
10 | | all persons on the
facilities of any licensee. Such |
11 | | jurisdiction shall
include the power to issue licenses to the |
12 | | Illinois Department of
Agriculture authorizing the pari-mutuel |
13 | | system of wagering
on harness and Quarter Horse races held (1) |
14 | | at the Illinois State Fair in
Sangamon County, and (2) at the |
15 | | DuQuoin State Fair in Perry County. The
jurisdiction of the |
16 | | Board shall also include the power to issue licenses to
county |
17 | | fairs which are eligible to receive funds pursuant to the
|
18 | | Agricultural Fair Act, as now or hereafter amended, or their |
19 | | agents,
authorizing the pari-mutuel system of wagering on horse
|
20 | | races
conducted at the county fairs receiving such licenses. |
21 | | Such licenses shall be
governed by subsection (n) of this |
22 | | Section.
|
23 | | Upon application, the Board shall issue a license to the |
24 | | Illinois Department
of Agriculture to conduct harness and |
25 | | Quarter Horse races at the Illinois State
Fair and at the |
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1 | | DuQuoin State Fairgrounds
during the scheduled dates of each |
2 | | fair. The Board shall not require and the
Department of |
3 | | Agriculture shall be exempt from the requirements of Sections
|
4 | | 15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5), |
5 | | (e-10), (f),
(g), and (h) of Section 20, and Sections 21, 24 |
6 | | and 25. The Board and the Department
of
Agriculture may extend |
7 | | any or all of these exemptions to any contractor or
agent |
8 | | engaged by the Department of Agriculture to conduct its race |
9 | | meetings
when the Board determines that this would best serve |
10 | | the public interest and
the interest of horse racing.
|
11 | | Notwithstanding any provision of law to the contrary, it |
12 | | shall be lawful for
any licensee to operate pari-mutuel |
13 | | wagering
or
contract with the Department of Agriculture to |
14 | | operate pari-mutuel wagering at
the DuQuoin State Fairgrounds |
15 | | or for the Department to enter into contracts
with a licensee, |
16 | | employ its owners,
employees
or
agents and employ such other |
17 | | occupation licensees as the Department deems
necessary in |
18 | | connection with race meetings and wagerings.
|
19 | | (b) The Board is vested with the full power to promulgate |
20 | | reasonable
rules and regulations for the purpose of |
21 | | administering the provisions of
this Act and to prescribe |
22 | | reasonable rules, regulations and conditions
under which all |
23 | | horse race meetings or wagering in the State shall be
|
24 | | conducted. Such reasonable rules and regulations are to provide |
25 | | for the
prevention of practices detrimental to the public |
26 | | interest and to promote the best
interests of horse racing and |
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1 | | to impose penalties for violations thereof.
|
2 | | (c) The Board, and any person or persons to whom it |
3 | | delegates
this power, is vested with the power to enter the |
4 | | facilities and other places of business of any licensee to |
5 | | determine whether there has been compliance with
the provisions |
6 | | of this Act and its rules and regulations.
|
7 | | (d) The Board, and any person or persons to whom it |
8 | | delegates this
power, is vested with the authority to |
9 | | investigate alleged violations of
the provisions of this Act, |
10 | | its reasonable rules and regulations, orders
and final |
11 | | decisions; the Board shall take appropriate disciplinary |
12 | | action
against any licensee or occupation licensee for |
13 | | violation
thereof or
institute appropriate legal action for the |
14 | | enforcement thereof.
|
15 | | (e) The Board, and any person or persons to whom it |
16 | | delegates this power,
may eject or exclude from any race |
17 | | meeting or
the facilities of any licensee, or any part
thereof, |
18 | | any occupation licensee or any
other individual whose conduct |
19 | | or reputation is such that his presence on
those facilities |
20 | | may, in the opinion of the Board, call into question
the |
21 | | honesty and integrity of horse racing or wagering or interfere |
22 | | with the
orderly
conduct of horse racing or wagering; provided, |
23 | | however, that no person
shall be
excluded or ejected from the |
24 | | facilities of any licensee solely on the grounds of
race, |
25 | | color, creed, national origin, ancestry, or sex. The power to |
26 | | eject
or exclude an occupation licensee or other individual may
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1 | | be exercised for just cause by the licensee or the Board, |
2 | | subject to subsequent hearing by the
Board as to the propriety |
3 | | of said exclusion.
|
4 | | (f) The Board is vested with the power to acquire,
|
5 | | establish, maintain and operate (or provide by contract to
|
6 | | maintain and operate) testing laboratories and related |
7 | | facilities,
for the purpose of conducting saliva, blood, urine |
8 | | and other tests on the
horses run or to be run in any horse race |
9 | | meeting , including races run at county fairs, and to purchase |
10 | | all
equipment and supplies deemed necessary or desirable in |
11 | | connection with
any such testing laboratories and related |
12 | | facilities and all such tests.
|
13 | | (g) The Board may require that the records, including |
14 | | financial or other
statements of any licensee or any person |
15 | | affiliated with the licensee who is
involved directly or |
16 | | indirectly in the activities of any licensee as regulated
under |
17 | | this Act to the extent that those financial or other statements |
18 | | relate to
such activities be kept in
such manner as prescribed |
19 | | by the Board, and that Board employees shall have
access to |
20 | | those records during reasonable business
hours. Within 120 days |
21 | | of the end of its fiscal year, each licensee shall
transmit to
|
22 | | the Board
an audit of the financial transactions and condition |
23 | | of the licensee's total
operations. All audits shall be |
24 | | conducted by certified public accountants.
Each certified |
25 | | public accountant must be registered in the State of Illinois
|
26 | | under the Illinois Public Accounting Act. The compensation for |
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1 | | each certified
public accountant shall be paid directly by the |
2 | | licensee to the certified
public accountant. A licensee shall |
3 | | also submit any other financial or related
information the |
4 | | Board deems necessary to effectively administer this Act and
|
5 | | all rules, regulations, and final decisions promulgated under |
6 | | this Act.
|
7 | | (h) The Board shall name and appoint in the manner provided |
8 | | by the rules
and regulations of the Board: an Executive |
9 | | Director; a State director
of mutuels; State veterinarians and |
10 | | representatives to take saliva, blood,
urine and other tests on |
11 | | horses; licensing personnel; revenue
inspectors; and State |
12 | | seasonal employees (excluding admission ticket
sellers and |
13 | | mutuel clerks). All of those named and appointed as provided
in |
14 | | this subsection shall serve during the pleasure of the Board; |
15 | | their
compensation shall be determined by the Board and be paid |
16 | | in the same
manner as other employees of the Board under this |
17 | | Act.
|
18 | | (i) The Board shall require that there shall be 3 stewards |
19 | | at each horse
race meeting, at least 2 of whom shall be named |
20 | | and appointed by the Board.
Stewards appointed or approved by |
21 | | the Board, while performing duties
required by this Act or by |
22 | | the Board, shall be entitled to the same rights
and immunities |
23 | | as granted to Board members and Board employees in Section
10 |
24 | | of this Act.
|
25 | | (j) The Board may discharge any Board employee
who fails or |
26 | | refuses for any reason to comply with the rules and
regulations |
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1 | | of the Board, or who, in the opinion of the Board,
is guilty of |
2 | | fraud, dishonesty or who is proven to be incompetent.
The Board |
3 | | shall have no right or power to determine who shall be |
4 | | officers,
directors or employees of any licensee, or their |
5 | | salaries
except the Board may, by rule, require that all or any |
6 | | officials or
employees in charge of or whose duties relate to |
7 | | the actual running of
races be approved by the Board.
|
8 | | (k) The Board is vested with the power to appoint
delegates |
9 | | to execute any of the powers granted to it under this Section
|
10 | | for the purpose of administering this Act and any rules or |
11 | | regulations
promulgated in accordance with this Act.
|
12 | | (l) The Board is vested with the power to impose civil |
13 | | penalties of up to
$5,000 against an individual and up to |
14 | | $10,000 against a
licensee for each
violation of any provision |
15 | | of this Act, any rules adopted by the Board, any
order of the |
16 | | Board or any other action which, in the Board's discretion, is
|
17 | | a detriment or impediment to horse racing or wagering. |
18 | | Beginning on the date when any organization licensee begins |
19 | | conducting electronic gaming pursuant to an electronic gaming |
20 | | license issued under the Illinois Gambling Act, the power |
21 | | granted to the Board pursuant to this subsection (l) shall |
22 | | authorize the Board to impose penalties of up to $10,000 |
23 | | against an individual and up to $25,000 against a licensee. All |
24 | | such civil penalties shall be deposited into the Horse Racing |
25 | | Fund.
|
26 | | (m) The Board is vested with the power to prescribe a form |
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1 | | to be used
by licensees as an application for employment for |
2 | | employees of
each licensee.
|
3 | | (n) The Board shall have the power to issue a license
to |
4 | | any county fair, or its
agent, authorizing the conduct of the |
5 | | pari-mutuel system of
wagering. The Board is vested with the |
6 | | full power to promulgate
reasonable rules, regulations and |
7 | | conditions under which all horse race
meetings licensed |
8 | | pursuant to this subsection shall be held and conducted,
|
9 | | including rules, regulations and conditions for the conduct of |
10 | | the
pari-mutuel system of wagering. The rules, regulations and
|
11 | | conditions shall provide for the prevention of practices |
12 | | detrimental to the
public interest and for the best interests |
13 | | of horse racing, and shall
prescribe penalties for violations |
14 | | thereof. Any authority granted the
Board under this Act shall |
15 | | extend to its jurisdiction and supervision over
county fairs, |
16 | | or their agents, licensed pursuant to this subsection.
However, |
17 | | the Board may waive any provision of this Act or its rules or
|
18 | | regulations which would otherwise apply to such county fairs or |
19 | | their agents.
|
20 | | (o) Whenever the Board is authorized or
required by law to |
21 | | consider some aspect of criminal history record
information for |
22 | | the purpose of carrying out its statutory powers and
|
23 | | responsibilities, then, upon request and payment of fees in |
24 | | conformance
with the requirements of Section 2605-400 of
the |
25 | | Department of State Police Law (20 ILCS 2605/2605-400), the |
26 | | Department of State Police is
authorized to furnish, pursuant |
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1 | | to positive identification, such
information contained in |
2 | | State files as is necessary to fulfill the request.
|
3 | | (p) To insure the convenience, comfort, and wagering |
4 | | accessibility of
race track patrons, to provide for the |
5 | | maximization of State revenue, and
to generate increases in |
6 | | purse allotments to the horsemen, the Board shall
require any |
7 | | licensee to staff the pari-mutuel department with
adequate |
8 | | personnel.
|
9 | | (Source: P.A. 97-1060, eff. 8-24-12.)
|
10 | | (230 ILCS 5/15) (from Ch. 8, par. 37-15)
|
11 | | Sec. 15.
(a) The Board shall, in its discretion, issue |
12 | | occupation
licenses
to horse owners, trainers, harness |
13 | | drivers, jockeys, agents, apprentices,
grooms, stable foremen, |
14 | | exercise persons, veterinarians, valets, blacksmiths,
|
15 | | concessionaires and others designated by the Board whose work, |
16 | | in whole or in
part, is conducted upon facilities within the |
17 | | State. Such occupation licenses
will
be obtained prior to the
|
18 | | persons engaging in their vocation upon such facilities. The
|
19 | | Board shall not license pari-mutuel clerks, parking |
20 | | attendants, security
guards and employees of concessionaires. |
21 | | No occupation license shall be
required of
any person who works |
22 | | at facilities within this
State as a pari-mutuel
clerk, parking |
23 | | attendant, security guard or as an employee of a |
24 | | concessionaire.
Concessionaires of the Illinois State Fair and |
25 | | DuQuoin State Fair and
employees of the Illinois Department of |
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1 | | Agriculture shall not be required to
obtain an occupation |
2 | | license by the Board.
|
3 | | (b) Each application for an occupation license shall be on |
4 | | forms
prescribed by the Board. Such license, when issued, shall |
5 | | be for the
period ending December 31 of each year, except that |
6 | | the Board in its
discretion may grant 3-year licenses. The |
7 | | application shall
be accompanied
by a fee of not more than $25 |
8 | | per year
or, in the case of 3-year occupation
license
|
9 | | applications, a fee of not more than $60. Each applicant shall |
10 | | set forth in
the application his full name and address, and if |
11 | | he had been issued prior
occupation licenses or has been |
12 | | licensed in any other state under any other
name, such name, |
13 | | his age, whether or not a permit or license issued to him
in |
14 | | any other state has been suspended or revoked and if so whether |
15 | | such
suspension or revocation is in effect at the time of the |
16 | | application, and
such other information as the Board may |
17 | | require. Fees for registration of
stable names shall not exceed |
18 | | $50.00. Beginning on the date when any organization licensee |
19 | | begins conducting electronic gaming pursuant to an electronic |
20 | | gaming license issued under the Illinois Gambling Act, the fee |
21 | | for registration of stable names shall not exceed $150, and the |
22 | | application fee for an occupation license shall not exceed $75, |
23 | | per year or, in the case of a 3-year occupation license |
24 | | application, the fee shall not exceed $180.
|
25 | | (c) The Board may in its discretion refuse an occupation |
26 | | license
to any person:
|
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1 | | (1) who has been convicted of a crime;
|
2 | | (2) who is unqualified to perform the duties required |
3 | | of such applicant;
|
4 | | (3) who fails to disclose or states falsely any |
5 | | information called for
in the application;
|
6 | | (4) who has been found guilty of a violation of this |
7 | | Act or of the rules
and regulations of the Board; or
|
8 | | (5) whose license or permit has been suspended, revoked |
9 | | or denied for just
cause in any other state.
|
10 | | (d) The Board may suspend or revoke any occupation license:
|
11 | | (1) for violation of any of the provisions of this Act; |
12 | | or
|
13 | | (2) for violation of any of the rules or regulations of |
14 | | the Board; or
|
15 | | (3) for any cause which, if known to the Board, would |
16 | | have justified the
Board in refusing to issue such |
17 | | occupation license; or
|
18 | | (4) for any other just cause.
|
19 | | (e)
Each applicant shall submit his or her fingerprints |
20 | | to the
Department
of State Police in the form and manner |
21 | | prescribed by the Department of State
Police. These |
22 | | fingerprints shall be checked against the fingerprint records
|
23 | | now and hereafter filed in the Department of State
Police and |
24 | | Federal Bureau of Investigation criminal history records
|
25 | | databases. The Department of State Police shall charge
a fee |
26 | | for conducting the criminal history records check, which shall |
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1 | | be
deposited in the State Police Services Fund and shall not |
2 | | exceed the actual
cost of the records check. The Department of |
3 | | State Police shall furnish,
pursuant to positive |
4 | | identification, records of conviction to the Board.
Each |
5 | | applicant for licensure shall submit with his occupation
|
6 | | license
application, on forms provided by the Board, 2 sets of |
7 | | his fingerprints.
All such applicants shall appear in person at |
8 | | the location designated by
the Board for the purpose of |
9 | | submitting such sets of fingerprints; however,
with the prior |
10 | | approval of a State steward, an applicant may have such sets
of |
11 | | fingerprints taken by an official law enforcement agency and |
12 | | submitted to
the Board.
|
13 | | (f) The Board may, in its discretion, issue an occupation |
14 | | license without
submission of fingerprints if an applicant has |
15 | | been duly licensed in another
recognized racing jurisdiction |
16 | | after submitting fingerprints that were
subjected to a Federal |
17 | | Bureau of Investigation criminal history background
check
in
|
18 | | that jurisdiction.
|
19 | | (g) Beginning on the date when any organization licensee |
20 | | begins conducting electronic gaming pursuant to an electronic |
21 | | gaming license issued under the Illinois Gambling Act, the |
22 | | Board may charge each applicant a reasonable non-refundable fee |
23 | | to defray the costs associated with the background |
24 | | investigation conducted by the Board. This fee shall be |
25 | | exclusive of any other fee or fees charged in connection with |
26 | | an application for and, if applicable, the issuance of, an |
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1 | | electronic gaming license. If the costs of the investigation |
2 | | exceed the amount of the fee charged, the Board shall |
3 | | immediately notify the applicant of the additional amount owed, |
4 | | payment of which must be submitted to the Board within 7 days |
5 | | after such notification. 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 applicant for a license or renewal under this Act shall |
9 | | be privileged, strictly confidential, and shall be used only |
10 | | for 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 | | (Source: P.A. 93-418, eff. 1-1-04.)
|
17 | | (230 ILCS 5/18) (from Ch. 8, par. 37-18)
|
18 | | Sec. 18.
(a) Together with its application, each applicant |
19 | | for racing dates
shall deliver to the Board a certified check |
20 | | or bank draft payable to the order
of the Board for $1,000. In |
21 | | the event the applicant applies for racing dates
in 2 or 3 |
22 | | successive calendar years as provided in subsection (b) of |
23 | | Section
21, the fee shall be $2,000. Filing fees shall not be |
24 | | refunded in the event
the application is denied. Beginning on |
25 | | the date when any organization licensee begins conducting |
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1 | | electronic gaming pursuant to an electronic gaming license |
2 | | issued under the Illinois Gambling Act, the application fee for |
3 | | racing dates imposed by this subsection (a) shall be $10,000 |
4 | | and the application fee for racing dates in 2 or 3 successive |
5 | | calendar years as provided in subsection (b) of Section 21 |
6 | | shall be $20,000. All filing fees shall be deposited into the |
7 | | Horse Racing Fund.
|
8 | | (b) In addition to the filing fee imposed by subsection (a) |
9 | | of $1000 and the fees provided in
subsection (j) of Section 20, |
10 | | each organization licensee shall pay a license
fee of $100 for |
11 | | each racing program on which its daily pari-mutuel handle is
|
12 | | $400,000 or more but less than $700,000, and a license fee of |
13 | | $200 for each
racing program on which its daily pari-mutuel |
14 | | handle is $700,000 or more.
The
additional fees required to be |
15 | | paid under this Section by this amendatory Act
of 1982 shall be |
16 | | remitted by the organization licensee to the Illinois Racing
|
17 | | Board with each day's graduated privilege tax or pari-mutuel |
18 | | tax and
breakage as provided under
Section 27. Beginning on the |
19 | | date when any organization licensee begins conducting |
20 | | electronic gaming pursuant to an electronic gaming license |
21 | | issued under the Illinois Gambling Act, the license fee imposed |
22 | | by this subsection (b) shall be $200 for each racing program on |
23 | | which the organization licensee's daily pari-mutuel handle is |
24 | | $100,000 or more, but less than $400,000, and the license fee |
25 | | imposed by this subsection (b) shall be $400 for each racing |
26 | | program on which the organization licensee's daily pari-mutuel |
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1 | | handle is $400,000 or more.
|
2 | | (c) Sections 11-42-1, 11-42-5, and 11-54-1 of the "Illinois |
3 | | Municipal Code,"
approved May 29, 1961, as now or hereafter |
4 | | amended, shall not apply to any
license under this Act.
|
5 | | (Source: P.A. 97-1060, eff. 8-24-12.)
|
6 | | (230 ILCS 5/19) (from Ch. 8, par. 37-19)
|
7 | | Sec. 19.
(a) No organization license may be granted to |
8 | | conduct a
horse race meeting:
|
9 | | (1) except as provided in subsection (c) of Section 21 |
10 | | of this Act,
to any person at any place within 35 miles of |
11 | | any other place
licensed by the Board to hold a race |
12 | | meeting on the same date during the
same hours,
the mileage
|
13 | | measurement used in this subsection (a) shall be certified |
14 | | to the Board by
the Bureau of
Systems and Services in the |
15 | | Illinois Department of Transportation as the
most commonly |
16 | | used public way of vehicular travel;
|
17 | | (2) to any person in default in the payment of any |
18 | | obligation or
debt due the State under this Act, provided |
19 | | no applicant shall be deemed
in default in the payment of |
20 | | any obligation or debt due to the State
under this Act as |
21 | | long as there is pending a hearing of any kind
relevant to |
22 | | such matter;
|
23 | | (3) to any person who has been convicted of the |
24 | | violation of any law
of the United States or any State law |
25 | | which provided as all or part of
its penalty imprisonment |
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1 | | in any penal institution; to any person against
whom there |
2 | | is pending a Federal or State criminal charge; to any |
3 | | person
who is or has been connected with or engaged in the |
4 | | operation of any
illegal business; to any person who does |
5 | | not enjoy a general reputation
in his community of being an |
6 | | honest, upright, law-abiding person;
provided that none of |
7 | | the matters set forth in this subparagraph (3)
shall make |
8 | | any person ineligible to be granted an organization license
|
9 | | if the Board determines, based on circumstances of any such |
10 | | case, that
the granting of a license would not be |
11 | | detrimental to the interests of
horse racing and of the |
12 | | public;
|
13 | | (4) to any person who does not at the time of |
14 | | application for the
organization license own or have a |
15 | | contract or lease for the possession
of a finished race |
16 | | track suitable for the type of racing intended to be
held |
17 | | by the applicant and for the accommodation of the public.
|
18 | | (b) (Blank) Horse racing on Sunday shall be prohibited |
19 | | unless authorized by
ordinance or referendum of the |
20 | | municipality in which a race track or any
of its appurtenances |
21 | | or facilities are located, or utilized .
|
22 | | (c) If any person is ineligible to receive an
organization
|
23 | | license because of any of the matters set forth in subsection |
24 | | (a) (2) or
subsection (a) (3) of this Section, any other or |
25 | | separate person that
either (i) controls, directly or |
26 | | indirectly, such ineligible person
or (ii) is controlled, |
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1 | | directly or indirectly, by such ineligible
person or by a |
2 | | person which controls, directly or indirectly, such
ineligible |
3 | | person shall also be ineligible.
|
4 | | (Source: P.A. 88-495; 89-16, eff. 5-30-95 .)
|
5 | | (230 ILCS 5/20) (from Ch. 8, par. 37-20)
|
6 | | Sec. 20.
(a) Any person desiring to conduct a horse race |
7 | | meeting may
apply to the Board for an organization license. The |
8 | | application shall be
made on a form prescribed and furnished by |
9 | | the Board. The application shall
specify:
|
10 | | (1) the dates on which
it intends to conduct the horse |
11 | | race meeting, which
dates shall be provided
under Section |
12 | | 21;
|
13 | | (2) the hours of each racing day between which it |
14 | | intends to
hold or
conduct horse racing at such meeting;
|
15 | | (3) the location where it proposes to conduct the
|
16 | | meeting; and
|
17 | | (4) any other information the Board may reasonably |
18 | | require.
|
19 | | (b) A separate application for an organization license |
20 | | shall be filed
for each horse race meeting
which such person |
21 | | proposes to hold. Any such application, if made by an
|
22 | | individual, or by any individual as trustee, shall be
signed |
23 | | and verified under oath by such individual. If the application |
24 | | is
made by individuals , then it shall be signed and verified |
25 | | under oath by at least 2 of the individuals; if the application |
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1 | | is made by or a partnership, it shall be signed and
verified |
2 | | under oath by at least 2 of such individuals or members of such
|
3 | | partnership as the case may be. If made by an association, a |
4 | | corporation, a
corporate trustee , a limited liability company, |
5 | | or any other entity, it shall be signed by an authorized |
6 | | officer, a partner, a member, or a manager, as the case may be, |
7 | | of the entity the president
and attested by the secretary or |
8 | | assistant secretary under the seal
of such association, trust |
9 | | or corporation if it has a seal, and shall
also be verified |
10 | | under oath by one of the signing officers .
|
11 | | (c) The application shall specify : |
12 | | (1) the name of the
persons, association, trust, or |
13 | | corporation making such application ; and |
14 | | (2) the principal
post office address of the applicant; |
15 | | (3) if the applicant is a trustee, the
names and |
16 | | addresses of the beneficiaries; if the applicant is a |
17 | | corporation, the names and
post office addresses of all |
18 | | officers, stockholders and directors; or if
such
|
19 | | stockholders hold stock as a nominee or fiduciary, the |
20 | | names and post
office addresses of the parties these |
21 | | persons, partnerships, corporations, or trusts
who are the |
22 | | beneficial owners thereof or who are beneficially |
23 | | interested
therein; and if the applicant is a partnership, |
24 | | the names and post office addresses of all
partners, |
25 | | general or limited; if the applicant is a limited liability |
26 | | company, the names and addresses of the manager and |
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1 | | members; and if the applicant is any other entity, the |
2 | | names and addresses of all officers or other authorized |
3 | | persons of the entity corporation, the name
of the state of |
4 | | its incorporation shall be specified .
|
5 | | (d) The applicant shall execute and file with the Board a |
6 | | good faith
affirmative action plan to recruit, train, and |
7 | | upgrade minorities in all
classifications within the |
8 | | association.
|
9 | | (e) With such
application there shall be delivered to the |
10 | | Board a
certified check or bank draft payable to the order of |
11 | | the Board for an
amount equal to $1,000. All applications for
|
12 | | the issuance of an organization license shall be filed with the |
13 | | Board before
August 1 of the year prior to the year for which |
14 | | application is made and shall be acted
upon by the Board at a |
15 | | meeting to be held on such date as shall be fixed
by the Board |
16 | | during the last 15 days of September of such prior year.
At |
17 | | such meeting, the Board shall announce
the award of the racing |
18 | | meets, live racing schedule, and designation of host
track to |
19 | | the applicants and its approval or disapproval of each
|
20 | | application. No announcement shall
be considered binding until |
21 | | a formal order is executed by the Board, which
shall be |
22 | | executed no later than October 15 of that prior year.
Absent |
23 | | the agreement of
the affected organization licensees, the Board |
24 | | shall not grant overlapping
race meetings to 2 or more tracks |
25 | | that are within 100 miles of each
other to conduct the |
26 | | thoroughbred racing.
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1 | | (e-1) In awarding standardbred racing dates for calendar |
2 | | year 2018 and thereafter, the Board shall award at least 310 |
3 | | racing days, and each organization licensee shall average at |
4 | | least 12 races for each racing day awarded. The Board shall |
5 | | have the discretion to allocate those racing days among |
6 | | organization licensees requesting standardbred racing dates. |
7 | | Once awarded by the Board, organization licensees awarded |
8 | | standardbred racing dates shall run at least 3,500 races in |
9 | | total during that calendar year. Standardbred racing conducted |
10 | | in Sangamon County shall not be considered races under this |
11 | | subsection (e-1). |
12 | | (e-2) In awarding racing dates for calendar year 2018 and |
13 | | thereafter, the Board shall award thoroughbred racing days to |
14 | | Cook County organization licensees commensurate with these |
15 | | organization licensees' requirement that they shall run at |
16 | | least 1,950 thoroughbred races in the aggregate, so long as 2 |
17 | | organization licensees are conducting electronic gaming |
18 | | operations. Additionally, if the organization licensees that |
19 | | run thoroughbred races in Cook County are conducting electronic |
20 | | gaming operations, the Board shall increase the number of |
21 | | thoroughbred races to be run in Cook County in the aggregate to |
22 | | at least the following: |
23 | | (i) 2,050 races in any year following the most recent |
24 | | preceding complete calendar year when the combined |
25 | | adjusted gross receipts of the electronic gaming licensees |
26 | | operating at Cook County race tracks total in excess of |
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1 | | $200,000,000, but do not exceed $250,000,000; |
2 | | (ii) 2,125 races in any year following the most recent |
3 | | preceding complete calendar year when the combined |
4 | | adjusted gross receipts of the electronic gaming licensees |
5 | | operating at Cook County race tracks total in excess of |
6 | | $250,000,000, but do not exceed $300,000,000; |
7 | | (iii) 2,200 races in any year following the most recent |
8 | | preceding complete calendar year when the combined |
9 | | adjusted gross receipts of the electronic gaming licensees |
10 | | operating at Cook County race tracks total in excess of |
11 | | $300,000,000, but do not exceed $350,000,000; |
12 | | (iv) 2,300 races in any year following the most recent |
13 | | preceding complete calendar year when the combined |
14 | | adjusted gross receipts of the electronic gaming licensees |
15 | | operating at Cook County race tracks total in excess of |
16 | | $350,000,000, but do not exceed $400,000,000; |
17 | | (v) 2,375 races in any year following the most recent |
18 | | preceding complete calendar year when the combined |
19 | | adjusted gross receipts of the electronic gaming licensees |
20 | | operating at Cook County race tracks total in excess of |
21 | | $400,000,000, but do not exceed $450,000,000; |
22 | | (vi) 2,450 races in any year following the most recent |
23 | | preceding complete calendar year when the combined |
24 | | adjusted gross receipts of the electronic gaming licensees |
25 | | operating at Cook County race tracks total in excess of |
26 | | $450,000,000, but do not exceed $500,000,000; |
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1 | | (vii) 2,550 races in any year following the most recent |
2 | | preceding complete calendar year when the combined |
3 | | adjusted gross receipts of the electronic gaming licensees |
4 | | operating at Cook County race tracks exceeds $500,000,000. |
5 | | In awarding racing dates under this subsection (e-2), the |
6 | | Board shall have the discretion to allocate those thoroughbred |
7 | | racing dates among these Cook County organization licensees. |
8 | | (e-3) In awarding racing dates for calendar year 2018 and |
9 | | thereafter in connection with a race track in Madison County, |
10 | | the Board shall award racing dates and such organization |
11 | | licensee shall run at least 700 thoroughbred races at the race |
12 | | track in Madison County each year. |
13 | | Notwithstanding Section 7.7 of the Illinois Gambling Act or |
14 | | any provision of this Act other than subsection (e-4.5), for |
15 | | each calendar year for which an electronic gaming licensee |
16 | | located in Madison County requests racing dates resulting in |
17 | | less than 700 live thoroughbred races at its race track |
18 | | facility, the electronic gaming licensee may not conduct |
19 | | electronic gaming for the calendar year of such requested live |
20 | | races. |
21 | | (e-4) Notwithstanding the provisions of Section 7.7 of the |
22 | | Illinois Gambling Act or any provision of this Act other than |
23 | | subsections (e-3) and (e-4.5), for each calendar year for which |
24 | | an electronic gaming licensee requests racing dates for a |
25 | | specific horse breed which results in a number of live races |
26 | | for that specific breed under its organization license that is |
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1 | | less than the total number of live races for that specific |
2 | | breed which it conducted in 2011 for standardbred racing and in |
3 | | 2016 for thoroughbred racing at its race track facility, the |
4 | | electronic gaming licensee may not conduct electronic gaming |
5 | | for the calendar year of such requested live races. |
6 | | (e-4.5) The Board shall ensure that each organization |
7 | | licensee shall individually run a sufficient number of races |
8 | | per year to qualify for an electronic gaming license under this |
9 | | Act. The General Assembly finds that the minimum live racing |
10 | | guarantees contained in subsections (e-1), (e-2), and (e-3) are |
11 | | in the best interest of the sport of horse racing, and that |
12 | | such guarantees may only be reduced in the limited |
13 | | circumstances described in this subsection. The Board may |
14 | | decrease the number of racing days without affecting an |
15 | | organization licensee's ability to conduct electronic gaming |
16 | | only if the Board determines, after notice and hearing, that: |
17 | | (i) a decrease is necessary to maintain a sufficient |
18 | | number of betting interests per race to ensure the |
19 | | integrity of racing; |
20 | | (ii) there are unsafe track conditions due to weather |
21 | | or acts of God; |
22 | | (iii) there is an agreement between an organization |
23 | | licensee and the breed association that is applicable to |
24 | | the involved live racing guarantee, such association |
25 | | representing either the largest number of thoroughbred |
26 | | owners and trainers or the largest number of standardbred |
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1 | | owners, trainers and drivers who race horses at the |
2 | | involved organization licensee's racing meeting, so long |
3 | | as the agreement does not compromise the integrity of the |
4 | | sport of horse racing; or |
5 | | (iv) the horse population or purse levels are |
6 | | insufficient to provide the number of racing opportunities |
7 | | otherwise required in this Act. |
8 | | In decreasing the number of racing dates in accordance with |
9 | | this subsection, the Board shall hold a hearing and shall |
10 | | provide the public and all interested parties notice and an |
11 | | opportunity to be heard. The Board shall accept testimony from |
12 | | all interested parties, including any association representing |
13 | | owners, trainers, jockeys, or drivers who will be affected by |
14 | | the decrease in racing dates. The Board shall provide a written |
15 | | explanation of the reasons for the decrease and the Board's |
16 | | findings. The written explanation shall include a listing and |
17 | | content of all communication between any party and any Illinois |
18 | | Racing Board member or staff that does not take place at a |
19 | | public meeting of the Board. |
20 | | (e-5) In reviewing an application for the purpose of |
21 | | granting an
organization license consistent with
the best |
22 | | interests of the public and the
sport of horse racing, the |
23 | | Board shall consider:
|
24 | | (1) the character, reputation, experience, and |
25 | | financial integrity of the
applicant and of any other |
26 | | separate person that either:
|
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1 | | (i) controls the applicant, directly or |
2 | | indirectly, or
|
3 | | (ii) is controlled, directly or indirectly, by |
4 | | that applicant or by a
person who controls, directly or |
5 | | indirectly, that applicant;
|
6 | | (2) the applicant's facilities or proposed facilities |
7 | | for conducting
horse
racing;
|
8 | | (3) the total revenue without regard to Section 32.1 to |
9 | | be derived by
the State and horsemen from the applicant's
|
10 | | conducting a race meeting;
|
11 | | (4) the applicant's good faith affirmative action plan |
12 | | to recruit, train,
and upgrade minorities in all employment |
13 | | classifications;
|
14 | | (5) the applicant's financial ability to purchase and |
15 | | maintain adequate
liability and casualty insurance;
|
16 | | (6) the applicant's proposed and prior year's |
17 | | promotional and marketing
activities and expenditures of |
18 | | the applicant associated with those activities;
|
19 | | (7) an agreement, if any, among organization licensees |
20 | | as provided in
subsection (b) of Section 21 of this Act; |
21 | | and
|
22 | | (8) the extent to which the applicant exceeds or meets |
23 | | other standards for
the issuance of an organization license |
24 | | that the Board shall adopt by rule.
|
25 | | In granting organization licenses and allocating dates for |
26 | | horse race
meetings, the Board shall have discretion to |
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1 | | determine an overall schedule,
including required simulcasts |
2 | | of Illinois races by host tracks that will, in
its judgment, be |
3 | | conducive to the best interests of
the public and the sport of |
4 | | horse racing.
|
5 | | (e-10) The Illinois Administrative Procedure Act shall |
6 | | apply to
administrative procedures of the Board under this Act |
7 | | for the granting of an
organization license, except that (1) |
8 | | notwithstanding the provisions of
subsection (b) of Section |
9 | | 10-40 of the Illinois Administrative Procedure Act
regarding |
10 | | cross-examination, the
Board may prescribe rules limiting the |
11 | | right of an applicant or participant in
any proceeding to award |
12 | | an organization license to conduct cross-examination of
|
13 | | witnesses at that proceeding where that cross-examination |
14 | | would unduly obstruct
the timely award of an organization |
15 | | license under subsection (e) of Section 20
of this Act; (2) the |
16 | | provisions of Section 10-45 of the Illinois Administrative
|
17 | | Procedure Act regarding proposals for decision are excluded |
18 | | under this Act; (3)
notwithstanding the provisions of |
19 | | subsection (a) of Section 10-60 of the
Illinois Administrative |
20 | | Procedure Act regarding ex parte communications, the
Board may |
21 | | prescribe rules allowing ex parte communications with |
22 | | applicants or
participants in a proceeding to award an |
23 | | organization license where conducting
those communications |
24 | | would be in the best interest of racing, provided all
those |
25 | | communications are made part of the record of that proceeding |
26 | | pursuant
to subsection (c) of Section 10-60 of the Illinois |
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1 | | Administrative
Procedure Act; (4) the provisions of Section 14a |
2 | | of this Act and the rules of
the Board promulgated under that |
3 | | Section shall apply instead of the provisions
of Article 10 of |
4 | | the Illinois Administrative Procedure Act regarding
|
5 | | administrative law judges; and (5) the provisions of subsection |
6 | | (d)
of Section 10-65 of the Illinois Administrative Procedure |
7 | | Act that prevent
summary suspension of a license pending |
8 | | revocation or other action shall not
apply.
|
9 | | (f) The Board may allot racing dates to an organization |
10 | | licensee for more
than one calendar year but for no more than 3 |
11 | | successive calendar years in
advance, provided that the Board |
12 | | shall review such allotment for more than
one calendar year |
13 | | prior to each year for which such allotment has been
made. The |
14 | | granting of an organization license to a person constitutes a
|
15 | | privilege to conduct a horse race meeting under the provisions |
16 | | of this Act, and
no person granted an organization license |
17 | | shall be deemed to have a vested
interest, property right, or |
18 | | future expectation to receive an organization
license in any |
19 | | subsequent year as a result of the granting of an organization
|
20 | | license. Organization licenses shall be subject to revocation |
21 | | if the
organization licensee has violated any provision of this |
22 | | Act
or the rules and regulations promulgated under this Act or |
23 | | has been convicted
of a crime or has failed to disclose or has |
24 | | stated falsely any information
called for in the application |
25 | | for an organization license. Any
organization license |
26 | | revocation
proceeding shall be in accordance with Section 16 |
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1 | | regarding suspension and
revocation of occupation licenses.
|
2 | | (f-5) If, (i) an applicant does not file an acceptance of |
3 | | the racing dates
awarded by the Board as required under part |
4 | | (1) of subsection (h) of this
Section 20, or (ii) an |
5 | | organization licensee has its license suspended or
revoked |
6 | | under this Act, the Board, upon conducting an emergency hearing |
7 | | as
provided for in this Act, may reaward on an emergency basis |
8 | | pursuant to
rules established by the Board, racing dates not |
9 | | accepted or the racing
dates
associated with any suspension or |
10 | | revocation period to one or more organization
licensees, new |
11 | | applicants, or any combination thereof, upon terms and
|
12 | | conditions that the Board determines are in the best interest |
13 | | of racing,
provided, the organization licensees or new |
14 | | applicants receiving the awarded
racing dates file an |
15 | | acceptance of those reawarded racing dates as
required under |
16 | | paragraph (1) of subsection (h) of this Section 20 and comply
|
17 | | with the other provisions of this Act. The Illinois |
18 | | Administrative Procedure
Act shall not apply to the |
19 | | administrative procedures of the Board in conducting
the |
20 | | emergency hearing and the reallocation of racing dates on an |
21 | | emergency
basis.
|
22 | | (g) (Blank).
|
23 | | (h) The Board shall send the applicant a copy of its |
24 | | formally
executed order by certified mail addressed to the |
25 | | applicant at the
address stated in his application, which |
26 | | notice shall be mailed within 5 days
of the date the formal |
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1 | | order is executed.
|
2 | | Each applicant notified shall, within 10 days after receipt |
3 | | of the
final executed order of the Board awarding
racing dates:
|
4 | | (1) file with the Board an acceptance of such
award in
|
5 | | the form
prescribed by the Board;
|
6 | | (2) pay to the Board an additional amount equal to $110 |
7 | | for each
racing date awarded; and
|
8 | | (3) file with the Board the bonds required in Sections |
9 | | 21
and 25 at least
20 days prior to the first day of each |
10 | | race meeting.
|
11 | | Upon compliance with the provisions of paragraphs (1), (2), and |
12 | | (3) of
this subsection (h), the applicant shall be issued an
|
13 | | organization license.
|
14 | | If any applicant fails to comply with this Section or fails
|
15 | | to pay the organization license fees herein provided, no |
16 | | organization
license shall be issued to such applicant.
|
17 | | (Source: P.A. 97-333, eff. 8-12-11.)
|
18 | | (230 ILCS 5/21) (from Ch. 8, par. 37-21)
|
19 | | Sec. 21.
(a) Applications for organization licenses must be |
20 | | filed with
the Board at a time and place prescribed by the |
21 | | rules and regulations of
the Board. The Board shall examine the |
22 | | applications within 21 days
after
the date allowed for filing |
23 | | with respect to their conformity with this Act
and such rules |
24 | | and regulations as may be prescribed by the Board. If any
|
25 | | application does not comply with this Act or the rules and |
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1 | | regulations
prescribed by the Board, such application may be |
2 | | rejected and an
organization license refused to the applicant, |
3 | | or the Board may, within 21
days of the receipt of such |
4 | | application, advise the applicant of the
deficiencies of the |
5 | | application under the Act or the rules and regulations of
the |
6 | | Board,
and require the submittal of an amended application |
7 | | within a reasonable time
determined by the Board; and upon |
8 | | submittal of the amended application by the
applicant, the |
9 | | Board may consider the
application consistent with the process |
10 | | described in subsection (e-5) of
Section 20 of this Act. If it
|
11 | | is found to be in compliance with this Act and the rules and |
12 | | regulations of
the Board, the Board may then issue an |
13 | | organization license to such applicant.
|
14 | | (b) The Board may exercise discretion in granting racing
|
15 | | dates to qualified applicants different from those requested by |
16 | | the
applicants in their
applications. However, if all eligible |
17 | | applicants for organization
licenses whose tracks are located |
18 | | within 100 miles of each other execute
and submit to the Board |
19 | | a written agreement among such applicants as to
the award of |
20 | | racing dates, including where applicable racing
programs, for
|
21 | | up to 3 consecutive years, then subject to annual review of |
22 | | each
applicant's compliance with Board rules and regulations, |
23 | | provisions of this
Act and conditions contained in annual dates |
24 | | orders issued by the Board,
the Board may grant such dates and |
25 | | programs
to such applicants
as so agreed by them if the Board |
26 | | determines that the grant of these racing
dates is in the best
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1 | | interests of racing. The Board shall treat any such agreement |
2 | | as the
agreement signatories' joint and several application for |
3 | | racing dates
during the term of the agreement.
|
4 | | (c) Where 2 or more applicants propose to conduct horse
|
5 | | race meetings within 35 miles of each other, as certified to |
6 | | the Board
under Section 19 (a) (1) of this Act, on conflicting |
7 | | dates, the Board may
determine and grant the number of racing |
8 | | days to be awarded to
the several
applicants in accordance with |
9 | | the provisions of subsection (e-5) of Section
20 of this
Act.
|
10 | | (d) (Blank).
|
11 | | (e) Prior to the issuance of an organization license, the |
12 | | applicant
shall file with the Board a bond payable to the State |
13 | | of Illinois in the
sum of $200,000, executed by the applicant |
14 | | and a surety company or
companies authorized to do business in |
15 | | this State, and conditioned upon the
payment by the |
16 | | organization licensee of all taxes due under Section 27,
other |
17 | | monies due and payable under this Act, all purses due and |
18 | | payable,
and that the organization licensee will upon |
19 | | presentation of the winning
ticket or
tickets distribute all |
20 | | sums due to the patrons of pari-mutuel pools. Beginning on the |
21 | | date when any organization licensee begins conducting |
22 | | electronic gaming pursuant to an electronic gaming license |
23 | | issued under the Illinois Gambling Act, the amount of the bond |
24 | | required under this subsection (e) shall be $500,000.
|
25 | | (f) Each organization license shall specify the person to |
26 | | whom it is
issued, the dates upon which horse racing is |
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1 | | permitted, and the location,
place, track, or enclosure where |
2 | | the horse race meeting is to be held.
|
3 | | (g) Any person who owns one or more race tracks
within the |
4 | | State
may seek, in its own name, a separate organization |
5 | | license
for each race track.
|
6 | | (h) All racing conducted under such organization license is |
7 | | subject to
this Act and to the rules and regulations from time |
8 | | to time prescribed by
the Board, and every such organization |
9 | | license issued by the Board shall
contain a recital to that |
10 | | effect.
|
11 | | (i) Each such organization licensee may provide
that at |
12 | | least one race per day may be devoted to
the racing of quarter |
13 | | horses, appaloosas, arabians, or paints.
|
14 | | (j) In acting on applications for organization licenses, |
15 | | the Board shall
give weight to an organization license which |
16 | | has
implemented a good faith affirmative
action effort to |
17 | | recruit, train and upgrade minorities in all classifications
|
18 | | within the organization license.
|
19 | | (Source: P.A. 90-754, eff. 1-1-99; 91-40, eff. 6-25-99.)
|
20 | | (230 ILCS 5/24) (from Ch. 8, par. 37-24)
|
21 | | Sec. 24.
(a) No license shall be issued to or held by an |
22 | | organization
licensee unless all of its officers, directors, |
23 | | and holders of ownership
interests of at least 5% are first |
24 | | approved by the Board. The Board shall not
give approval of an |
25 | | organization license application to any person who has been
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1 | | convicted of or is under an indictment for a crime of moral |
2 | | turpitude or has
violated any provision of the racing law of |
3 | | this State or any rules of the
Board.
|
4 | | (b) An organization licensee must notify the Board within |
5 | | 10 days of any
change in the holders of a direct or indirect |
6 | | interest in the ownership of the
organization licensee. The |
7 | | Board may, after hearing, revoke the organization
license of |
8 | | any
person who registers on its books or knowingly permits a |
9 | | direct or indirect
interest in the ownership of that person |
10 | | without notifying the Board of the
name of the holder in |
11 | | interest within this period.
|
12 | | (c) In addition to the provisions of subsection
(a) of this |
13 | | Section, no person shall be granted an
organization
license if
|
14 | | any public official of the State or member of his
or her family |
15 | | holds any ownership or financial interest, directly or
|
16 | | indirectly, in the person.
|
17 | | (d) No person which has been granted an organization
|
18 | | license
to hold a race meeting shall give to any public |
19 | | official or member of his
family, directly or indirectly, for |
20 | | or without consideration, any interest in the person. The Board |
21 | | shall, after hearing, revoke
the organization license granted |
22 | | to a person which has
violated this subsection.
|
23 | | (e) (Blank).
|
24 | | (f) No organization licensee or concessionaire or officer, |
25 | | director or
holder or controller of
5% or more legal or |
26 | | beneficial interest in any organization licensee or
concession
|
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1 | | shall make any sort of
gift or contribution that is prohibited |
2 | | under Article 10 of the State Officials and Employees Ethics |
3 | | Act of any kind or pay or give any money or other thing
of value |
4 | | to any
person who is a public official, or a candidate or |
5 | | nominee for public office if that payment or gift is prohibited |
6 | | under Article 10 of the State Officials and Employees Ethics |
7 | | Act .
|
8 | | (Source: P.A. 89-16, eff. 5-30-95.)
|
9 | | (230 ILCS 5/25) (from Ch. 8, par. 37-25)
|
10 | | Sec. 25. Admission charge; bond; fine. |
11 | | (a) There shall be paid to the Board at such time or times |
12 | | as
it shall prescribe, the sum of fifteen cents (15¢) for each |
13 | | person entering
the grounds or enclosure of each organization |
14 | | licensee and
inter-track wagering licensee upon a ticket of |
15 | | admission except as provided
in subsection (g) of Section 27 of |
16 | | this Act. If
tickets are issued for more than one day then the |
17 | | sum of fifteen cents
(15¢) shall be paid for each person using |
18 | | such ticket on each day that the
same shall be used. Provided, |
19 | | however, that no charge shall be made on
tickets of admission |
20 | | issued to and in the name of directors, officers,
agents or |
21 | | employees of the organization licensee, or inter-track |
22 | | wagering
licensee, or to owners, trainers, jockeys,
drivers and |
23 | | their employees or to any person or persons entering the
|
24 | | grounds or enclosure for the transaction of business in |
25 | | connection with such
race meeting. The organization licensee or |
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1 | | inter-track wagering licensee
may, if it desires, collect such |
2 | | amount from
each ticket holder in addition to the amount or |
3 | | amounts charged for such
ticket of admission. Beginning on the |
4 | | date when any organization licensee begins conducting |
5 | | electronic gaming pursuant to an electronic gaming license |
6 | | issued under the Illinois Gambling Act, the admission charge |
7 | | imposed by this subsection (a) shall be 40 cents for each |
8 | | person entering the grounds or enclosure of each organization |
9 | | licensee and inter-track wagering licensee upon a ticket of |
10 | | admission, and if such tickets are issued for more than one |
11 | | day, 40 cents shall be paid for each person using such ticket |
12 | | on each day that the same shall be used.
|
13 | | (b) Accurate records and books shall at all times be kept |
14 | | and maintained by
the organization licensees and inter-track |
15 | | wagering licensees
showing the admission tickets issued and |
16 | | used on each racing
day and the attendance thereat of each |
17 | | horse racing meeting. The Board or
its duly authorized |
18 | | representative or representatives shall at all
reasonable |
19 | | times have access to the admission records of any organization
|
20 | | licensee and inter-track wagering licensee for
the purpose of |
21 | | examining and checking the same and ascertaining whether or
not |
22 | | the proper amount has been or is being paid the State of |
23 | | Illinois as
herein provided. The Board shall also require, |
24 | | before issuing any license,
that the licensee shall execute and |
25 | | deliver to it a bond, payable to the
State of Illinois, in such |
26 | | sum as it shall determine, not, however, in
excess of fifty |
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1 | | thousand dollars ($50,000), with a surety or sureties to be
|
2 | | approved by it, conditioned for the payment of all sums due and |
3 | | payable or
collected by it under this Section upon admission |
4 | | fees received for any
particular racing meetings. The Board may |
5 | | also from time to time require sworn
statements of the number |
6 | | or numbers of such admissions and may prescribe blanks
upon |
7 | | which such reports shall be made. Any organization licensee or
|
8 | | inter-track wagering licensee failing or
refusing to pay the |
9 | | amount found to be due as herein provided, shall be
deemed |
10 | | guilty of a business offense and upon conviction shall be |
11 | | punished by a
fine of not more than five thousand dollars |
12 | | ($5,000) in addition to the amount
due from such organization |
13 | | licensee or inter-track wagering licensee as
herein provided. |
14 | | All fines paid into court by an organization
licensee or |
15 | | inter-track wagering licensee found guilty of violating this
|
16 | | Section shall be transmitted and paid
over by the clerk of the |
17 | | court to the Board. Beginning on the date when any organization |
18 | | licensee begins conducting electronic gaming pursuant to an |
19 | | electronic gaming license issued under the Illinois Gambling |
20 | | Act, any fine imposed pursuant to this subsection (b) shall not |
21 | | exceed $10,000.
|
22 | | (Source: P.A. 88-495; 89-16, eff. 5-30-95.)
|
23 | | (230 ILCS 5/26) (from Ch. 8, par. 37-26)
|
24 | | Sec. 26. Wagering.
|
25 | | (a) Any licensee may conduct and supervise the pari-mutuel |
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1 | | system of
wagering, as defined in Section 3.12 of this Act, on |
2 | | horse races conducted by
an Illinois organization
licensee or |
3 | | conducted at a racetrack located in another state or country |
4 | | and
televised in Illinois in accordance with subsection (g) of |
5 | | Section 26 of this
Act. Subject to the prior consent of the |
6 | | Board, licensees may supplement any
pari-mutuel pool in order |
7 | | to guarantee a minimum distribution. Such
pari-mutuel method of |
8 | | wagering shall not,
under any circumstances if conducted under |
9 | | the provisions of this Act,
be held or construed to be |
10 | | unlawful, other statutes of this State to the
contrary |
11 | | notwithstanding.
Subject to rules for advance wagering |
12 | | promulgated by the Board, any
licensee
may accept wagers in |
13 | | advance of the day of
the race wagered upon occurs.
|
14 | | (b) Except for those gaming activities for which a license |
15 | | is obtained and authorized under the Illinois Lottery Law, the |
16 | | Charitable Games Act, the Raffles and Poker Runs Act, or the |
17 | | Illinois Gambling Act, no No other method of betting, pool |
18 | | making, wagering or
gambling shall be used or permitted by the |
19 | | licensee. Each licensee
may retain, subject to the payment of |
20 | | all applicable
taxes and purses, an amount not to exceed 17% of |
21 | | all money wagered
under subsection (a) of this Section, except |
22 | | as may otherwise be permitted
under this Act.
|
23 | | (b-5) An individual may place a wager under the pari-mutuel |
24 | | system from
any licensed location authorized under this Act |
25 | | provided that wager is
electronically recorded in the manner |
26 | | described in Section 3.12 of this Act.
Any wager made |
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1 | | electronically by an individual while physically on the |
2 | | premises
of a licensee shall be deemed to have been made at the |
3 | | premises of that
licensee.
|
4 | | (c) Until January 1, 2000, the sum held by any licensee for |
5 | | payment of
outstanding pari-mutuel tickets, if unclaimed prior |
6 | | to December 31 of the
next year, shall be retained by the |
7 | | licensee for payment of
such tickets until that date. Within 10 |
8 | | days thereafter, the balance of
such sum remaining unclaimed, |
9 | | less any uncashed supplements contributed by such
licensee for |
10 | | the purpose of guaranteeing minimum distributions
of any |
11 | | pari-mutuel pool, shall be
paid to the
Illinois
Veterans'
|
12 | | Rehabilitation Fund of the State treasury, except as provided |
13 | | in subsection
(g) of Section 27 of this Act.
|
14 | | (c-5) Beginning January 1, 2000, the sum held by any |
15 | | licensee for payment
of
outstanding pari-mutuel tickets, if |
16 | | unclaimed prior to December 31 of the
next year, shall be |
17 | | retained by the licensee for payment of
such tickets until that |
18 | | date. Within 10 days thereafter, the balance of
such sum |
19 | | remaining unclaimed, less any uncashed supplements contributed |
20 | | by such
licensee for the purpose of guaranteeing minimum |
21 | | distributions
of any pari-mutuel pool, shall be evenly |
22 | | distributed to the purse account of
the organization licensee |
23 | | and the organization licensee.
|
24 | | (d) A pari-mutuel ticket shall be honored until December 31 |
25 | | of the
next calendar year, and the licensee shall pay the same |
26 | | and may
charge the amount thereof against unpaid money |
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1 | | similarly accumulated on account
of pari-mutuel tickets not |
2 | | presented for payment.
|
3 | | (e) No licensee shall knowingly permit any minor, other
|
4 | | than an employee of such licensee or an owner, trainer,
jockey, |
5 | | driver, or employee thereof, to be admitted during a racing
|
6 | | program unless accompanied by a parent or guardian, or any |
7 | | minor to be a
patron of the pari-mutuel system of wagering |
8 | | conducted or
supervised by it. The admission of any |
9 | | unaccompanied minor, other than
an employee of the licensee or |
10 | | an owner, trainer, jockey,
driver, or employee thereof at a |
11 | | race track is a Class C
misdemeanor.
|
12 | | (f) Notwithstanding the other provisions of this Act, an
|
13 | | organization licensee may contract
with an entity in another |
14 | | state or country to permit any legal
wagering entity in another |
15 | | state or country to accept wagers solely within
such other |
16 | | state or country on races conducted by the organization |
17 | | licensee
in this State.
Beginning January 1, 2000, these wagers
|
18 | | shall not be subject to State
taxation. Until January 1, 2000,
|
19 | | when the out-of-State entity conducts a pari-mutuel pool
|
20 | | separate from the organization licensee, a privilege tax equal |
21 | | to 7 1/2% of
all monies received by the organization licensee |
22 | | from entities in other states
or countries pursuant to such |
23 | | contracts is imposed on the organization
licensee, and such |
24 | | privilege tax shall be remitted to the
Department of Revenue
|
25 | | within 48 hours of receipt of the moneys from the simulcast. |
26 | | When the
out-of-State entity conducts a
combined pari-mutuel |
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1 | | pool with the organization licensee, the tax shall be 10%
of |
2 | | all monies received by the organization licensee with 25% of |
3 | | the
receipts from this 10% tax to be distributed to the county
|
4 | | in which the race was conducted.
|
5 | | An organization licensee may permit one or more of its |
6 | | races to be
utilized for
pari-mutuel wagering at one or more |
7 | | locations in other states and may
transmit audio and visual |
8 | | signals of races the organization licensee
conducts to one or
|
9 | | more locations outside the State or country and may also permit |
10 | | pari-mutuel
pools in other states or countries to be combined |
11 | | with its gross or net
wagering pools or with wagering pools |
12 | | established by other states.
|
13 | | (g) A host track may accept interstate simulcast wagers on
|
14 | | horse
races conducted in other states or countries and shall |
15 | | control the
number of signals and types of breeds of racing in |
16 | | its simulcast program,
subject to the disapproval of the Board. |
17 | | The Board may prohibit a simulcast
program only if it finds |
18 | | that the simulcast program is clearly
adverse to the integrity |
19 | | of racing. The host track
simulcast program shall
include the |
20 | | signal of live racing of all organization licensees.
All |
21 | | non-host licensees and advance deposit wagering licensees |
22 | | shall carry the signal of and accept wagers on live racing of |
23 | | all organization licensees. Advance deposit wagering licensees |
24 | | shall not be permitted to accept out-of-state wagers on any |
25 | | Illinois signal provided pursuant to this Section without the |
26 | | approval and consent of the organization licensee providing the |
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1 | | signal. For one year after August 15, 2014 ( the effective date |
2 | | of Public Act 98-968) this amendatory Act of the 98th General |
3 | | Assembly , non-host licensees may carry the host track simulcast |
4 | | program and
shall accept wagers on all races included as part |
5 | | of the simulcast
program of horse races conducted at race |
6 | | tracks located within North America upon which wagering is |
7 | | permitted. For a period of one year after August 15, 2014 ( the |
8 | | effective date of Public Act 98-968) this amendatory Act of the |
9 | | 98th General Assembly , on horse races conducted at race tracks |
10 | | located outside of North America, non-host licensees may accept |
11 | | wagers on all races included as part of the simulcast program |
12 | | upon which wagering is permitted. Beginning August 15, 2015 |
13 | | ( one year after the effective date of Public Act 98-968) this |
14 | | amendatory Act of the 98th General Assembly , non-host licensees |
15 | | may carry the host track simulcast program and shall accept |
16 | | wagers on all races included as part of the simulcast program |
17 | | upon which wagering is permitted.
All organization licensees |
18 | | shall provide their live signal to all advance deposit wagering |
19 | | licensees for a simulcast commission fee not to exceed 6% of |
20 | | the advance deposit wagering licensee's Illinois handle on the |
21 | | organization licensee's signal without prior approval by the |
22 | | Board. The Board may adopt rules under which it may permit |
23 | | simulcast commission fees in excess of 6%. The Board shall |
24 | | adopt rules limiting the interstate commission fees charged to |
25 | | an advance deposit wagering licensee. The Board shall adopt |
26 | | rules regarding advance deposit wagering on interstate |
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1 | | simulcast races that shall reflect, among other things, the |
2 | | General Assembly's desire to maximize revenues to the State, |
3 | | horsemen purses, and organizational licensees. However, |
4 | | organization licensees providing live signals pursuant to the |
5 | | requirements of this subsection (g) may petition the Board to |
6 | | withhold their live signals from an advance deposit wagering |
7 | | licensee if the organization licensee discovers and the Board |
8 | | finds reputable or credible information that the advance |
9 | | deposit wagering licensee is under investigation by another |
10 | | state or federal governmental agency, the advance deposit |
11 | | wagering licensee's license has been suspended in another |
12 | | state, or the advance deposit wagering licensee's license is in |
13 | | revocation proceedings in another state. The organization |
14 | | licensee's provision of their live signal to an advance deposit |
15 | | wagering licensee under this subsection (g) pertains to wagers |
16 | | placed from within Illinois. Advance deposit wagering |
17 | | licensees may place advance deposit wagering terminals at |
18 | | wagering facilities as a convenience to customers. The advance |
19 | | deposit wagering licensee shall not charge or collect any fee |
20 | | from purses for the placement of the advance deposit wagering |
21 | | terminals. The costs and expenses
of the host track and |
22 | | non-host licensees associated
with interstate simulcast
|
23 | | wagering, other than the interstate
commission fee, shall be |
24 | | borne by the host track and all
non-host licensees
incurring |
25 | | these costs.
The interstate commission fee shall not exceed 5% |
26 | | of Illinois handle on the
interstate simulcast race or races |
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1 | | without prior approval of the Board. The
Board shall promulgate |
2 | | rules under which it may permit
interstate commission
fees in |
3 | | excess of 5%. The interstate commission
fee and other fees |
4 | | charged by the sending racetrack, including, but not
limited |
5 | | to, satellite decoder fees, shall be uniformly applied
to the |
6 | | host track and all non-host licensees.
|
7 | | Notwithstanding any other provision of this Act, through |
8 | | December 31, 2018, an organization licensee, with the consent |
9 | | of the horsemen association representing the largest number of |
10 | | owners, trainers, jockeys, or standardbred drivers who race |
11 | | horses at that organization licensee's racing meeting, may |
12 | | maintain a system whereby advance deposit wagering may take |
13 | | place or an organization licensee, with the consent of the |
14 | | horsemen association representing the largest number of |
15 | | owners, trainers, jockeys, or standardbred drivers who race |
16 | | horses at that organization licensee's racing meeting, may |
17 | | contract with another person to carry out a system of advance |
18 | | deposit wagering. Such consent may not be unreasonably |
19 | | withheld. Only with respect to an appeal to the Board that |
20 | | consent for an organization licensee that maintains its own |
21 | | advance deposit wagering system is being unreasonably |
22 | | withheld, the Board shall issue a final order within 30 days |
23 | | after initiation of the appeal, and the organization licensee's |
24 | | advance deposit wagering system may remain operational during |
25 | | that 30-day period. The actions of any organization licensee |
26 | | who conducts advance deposit wagering or any person who has a |
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1 | | contract with an organization licensee to conduct advance |
2 | | deposit wagering who conducts advance deposit wagering on or |
3 | | after January 1, 2013 and prior to June 7, 2013 ( the effective |
4 | | date of Public Act 98-18) this amendatory Act of the 98th |
5 | | General Assembly taken in reliance on the changes made to this |
6 | | subsection (g) by Public Act 98-18 this amendatory Act of the |
7 | | 98th General Assembly are hereby validated, provided payment of |
8 | | all applicable pari-mutuel taxes are remitted to the Board. All |
9 | | advance deposit wagers placed from within Illinois must be |
10 | | placed through a Board-approved advance deposit wagering |
11 | | licensee; no other entity may accept an advance deposit wager |
12 | | from a person within Illinois. All advance deposit wagering is |
13 | | subject to any rules adopted by the Board. The Board may adopt |
14 | | rules necessary to regulate advance deposit wagering through |
15 | | the use of emergency rulemaking in accordance with Section 5-45 |
16 | | of the Illinois Administrative Procedure Act. The General |
17 | | Assembly finds that the adoption of rules to regulate advance |
18 | | deposit wagering is deemed an emergency and necessary for the |
19 | | public interest, safety, and welfare. An advance deposit |
20 | | wagering licensee may retain all moneys as agreed to by |
21 | | contract with an organization licensee. Any moneys retained by |
22 | | the organization licensee from advance deposit wagering, not |
23 | | including moneys retained by the advance deposit wagering |
24 | | licensee, shall be paid 50% to the organization licensee's |
25 | | purse account and 50% to the organization licensee. With the |
26 | | exception of any organization licensee that is owned by a |
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1 | | publicly traded company that is incorporated in a state other |
2 | | than Illinois and advance deposit wagering licensees under |
3 | | contract with such organization licensees, organization |
4 | | licensees that maintain advance deposit wagering systems and |
5 | | advance deposit wagering licensees that contract with |
6 | | organization licensees shall provide sufficiently detailed |
7 | | monthly accountings to the horsemen association representing |
8 | | the largest number of owners, trainers, jockeys, or |
9 | | standardbred drivers who race horses at that organization |
10 | | licensee's racing meeting so that the horsemen association, as |
11 | | an interested party, can confirm the accuracy of the amounts |
12 | | paid to the purse account at the horsemen association's |
13 | | affiliated organization licensee from advance deposit |
14 | | wagering. If more than one breed races at the same race track |
15 | | facility, then the 50% of the moneys to be paid to an |
16 | | organization licensee's purse account shall be allocated among |
17 | | all organization licensees' purse accounts operating at that |
18 | | race track facility proportionately based on the actual number |
19 | | of host days that the Board grants to that breed at that race |
20 | | track facility in the current calendar year. To the extent any |
21 | | fees from advance deposit wagering conducted in Illinois for |
22 | | wagers in Illinois or other states have been placed in escrow |
23 | | or otherwise withheld from wagers pending a determination of |
24 | | the legality of advance deposit wagering, no action shall be |
25 | | brought to declare such wagers or the disbursement of any fees |
26 | | previously escrowed illegal. |
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1 | | (1) Between the hours of 6:30 a.m. and 6:30 p.m. an
|
2 | | inter-track intertrack wagering
licensee other than the |
3 | | host track may supplement the host track simulcast
program |
4 | | with additional simulcast races or race programs, provided |
5 | | that between
January 1 and the third Friday in February of |
6 | | any year, inclusive, if no live
thoroughbred racing is |
7 | | occurring in Illinois during this period, only
|
8 | | thoroughbred races may be used
for supplemental interstate |
9 | | simulcast purposes. The Board shall withhold
approval for a |
10 | | supplemental interstate simulcast only if it finds that the
|
11 | | simulcast is clearly adverse to the integrity of racing. A |
12 | | supplemental
interstate simulcast may be transmitted from |
13 | | an inter-track intertrack wagering licensee to
its |
14 | | affiliated non-host licensees. The interstate commission |
15 | | fee for a
supplemental interstate simulcast shall be paid |
16 | | by the non-host licensee and
its affiliated non-host |
17 | | licensees receiving the simulcast.
|
18 | | (2) Between the hours of 6:30 p.m. and 6:30 a.m. an
|
19 | | inter-track intertrack wagering
licensee other than the |
20 | | host track may receive supplemental interstate
simulcasts |
21 | | only with the consent of the host track, except when the |
22 | | Board
finds that the simulcast is
clearly adverse to the |
23 | | integrity of racing. Consent granted under this
paragraph |
24 | | (2) to any inter-track intertrack wagering licensee shall |
25 | | be deemed consent to
all non-host licensees. The interstate |
26 | | commission fee for the supplemental
interstate simulcast |
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1 | | shall be paid
by all participating non-host licensees.
|
2 | | (3) Each licensee conducting interstate simulcast |
3 | | wagering may retain,
subject to the payment of all |
4 | | applicable taxes and the purses, an amount not to
exceed |
5 | | 17% of all money wagered. If any licensee conducts the |
6 | | pari-mutuel
system wagering on races conducted at |
7 | | racetracks in another state or country,
each such race or |
8 | | race program shall be considered a separate racing day for
|
9 | | the purpose of determining the daily handle and computing |
10 | | the privilege tax of
that daily handle as provided in |
11 | | subsection (a) of Section 27.
Until January 1, 2000,
from |
12 | | the sums permitted to be retained pursuant to this |
13 | | subsection, each
inter-track intertrack wagering location |
14 | | licensee shall pay 1% of the pari-mutuel handle
wagered on |
15 | | simulcast wagering to the Horse Racing Tax Allocation Fund, |
16 | | subject
to the provisions of subparagraph (B) of paragraph |
17 | | (11) of subsection (h) of
Section 26 of this Act.
|
18 | | (4) A licensee who receives an interstate simulcast may |
19 | | combine its gross
or net pools with pools at the sending |
20 | | racetracks pursuant to rules established
by the Board. All |
21 | | licensees combining their gross pools
at a
sending |
22 | | racetrack shall adopt the take-out percentages of the |
23 | | sending
racetrack.
A licensee may also establish a separate |
24 | | pool and takeout structure for
wagering purposes on races |
25 | | conducted at race tracks outside of the
State of Illinois. |
26 | | The licensee may permit pari-mutuel wagers placed in other
|
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1 | | states or
countries to be combined with its gross or net |
2 | | wagering pools or other
wagering pools.
|
3 | | (5) After the payment of the interstate commission fee |
4 | | (except for the
interstate commission
fee on a supplemental |
5 | | interstate simulcast, which shall be paid by the host
track |
6 | | and by each non-host licensee through the host-track) and |
7 | | all applicable
State and local
taxes, except as provided in |
8 | | subsection (g) of Section 27 of this Act, the
remainder of |
9 | | moneys retained from simulcast wagering pursuant to this
|
10 | | subsection (g), and Section 26.2 shall be divided as |
11 | | follows:
|
12 | | (A) For interstate simulcast wagers made at a host |
13 | | track, 50% to the
host
track and 50% to purses at the |
14 | | host track.
|
15 | | (B) For wagers placed on interstate simulcast |
16 | | races, supplemental
simulcasts as defined in |
17 | | subparagraphs (1) and (2), and separately pooled races
|
18 | | conducted outside of the State of Illinois made at a |
19 | | non-host
licensee, 25% to the host
track, 25% to the |
20 | | non-host licensee, and 50% to the purses at the host |
21 | | track.
|
22 | | (6) Notwithstanding any provision in this Act to the |
23 | | contrary, non-host
licensees
who derive their licenses |
24 | | from a track located in a county with a population in
|
25 | | excess of 230,000 and that borders the Mississippi River |
26 | | may receive
supplemental interstate simulcast races at all |
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1 | | times subject to Board approval,
which shall be withheld |
2 | | only upon a finding that a supplemental interstate
|
3 | | simulcast is clearly adverse to the integrity of racing.
|
4 | | (7) Notwithstanding any provision of this Act to the |
5 | | contrary, after
payment of all applicable State and local |
6 | | taxes and interstate commission fees,
non-host licensees |
7 | | who derive their licenses from a track located in a county
|
8 | | with a population in excess of 230,000 and that borders the |
9 | | Mississippi River
shall retain 50% of the retention from |
10 | | interstate simulcast wagers and shall
pay 50% to purses at |
11 | | the track from which the non-host licensee derives its
|
12 | | license as follows:
|
13 | | (A) Between January 1 and the third Friday in |
14 | | February, inclusive, if no
live thoroughbred racing is |
15 | | occurring in Illinois during this period, when the
|
16 | | interstate simulcast is a standardbred race, the purse |
17 | | share to its
standardbred purse account;
|
18 | | (B) Between January 1 and the third Friday in |
19 | | February, inclusive, if no
live thoroughbred racing is |
20 | | occurring in Illinois during this period, and the
|
21 | | interstate simulcast is a thoroughbred race, the purse |
22 | | share to its interstate
simulcast purse pool to be |
23 | | distributed under paragraph (10) of this subsection
|
24 | | (g);
|
25 | | (C) Between January 1 and the third Friday in |
26 | | February, inclusive, if
live thoroughbred racing is |
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1 | | occurring in Illinois, between 6:30 a.m. and 6:30
p.m. |
2 | | the purse share from wagers made during this time |
3 | | period to its
thoroughbred purse account and between |
4 | | 6:30 p.m. and 6:30 a.m. the purse share
from wagers |
5 | | made during this time period to its standardbred purse |
6 | | accounts;
|
7 | | (D) Between the third Saturday in February and |
8 | | December 31, when the
interstate simulcast occurs |
9 | | between the hours of 6:30 a.m. and 6:30 p.m., the
purse |
10 | | share to its thoroughbred purse account;
|
11 | | (E) Between the third Saturday in February and |
12 | | December 31, when the
interstate simulcast occurs |
13 | | between the hours of 6:30 p.m. and 6:30 a.m., the
purse |
14 | | share to its standardbred purse account.
|
15 | | (7.1) Notwithstanding any other provision of this Act |
16 | | to the contrary,
if
no
standardbred racing is conducted at |
17 | | a racetrack located in Madison County
during any
calendar |
18 | | year beginning on or after January 1, 2002, all
moneys |
19 | | derived by
that racetrack from simulcast wagering and |
20 | | inter-track wagering that (1) are to
be used
for purses and |
21 | | (2) are generated between the hours of 6:30 p.m. and 6:30 |
22 | | a.m.
during that
calendar year shall
be paid as follows:
|
23 | | (A) If the licensee that conducts horse racing at |
24 | | that racetrack
requests from the Board at least as many |
25 | | racing dates as were conducted in
calendar year 2000, |
26 | | 80% shall be paid to its thoroughbred purse account; |
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1 | | and
|
2 | | (B) Twenty percent shall be deposited into the |
3 | | Illinois Colt Stakes
Purse
Distribution
Fund and shall |
4 | | be paid to purses for standardbred races for Illinois |
5 | | conceived
and foaled horses conducted at any county |
6 | | fairgrounds.
The moneys deposited into the Fund |
7 | | pursuant to this subparagraph (B) shall be
deposited
|
8 | | within 2
weeks after the day they were generated, shall |
9 | | be in addition to and not in
lieu of any other
moneys |
10 | | paid to standardbred purses under this Act, and shall |
11 | | not be commingled
with other moneys paid into that |
12 | | Fund. The moneys deposited
pursuant to this |
13 | | subparagraph (B) shall be allocated as provided by the
|
14 | | Department of Agriculture, with the advice and |
15 | | assistance of the Illinois
Standardbred
Breeders Fund |
16 | | Advisory Board.
|
17 | | (7.2) Notwithstanding any other provision of this Act |
18 | | to the contrary, if
no
thoroughbred racing is conducted at |
19 | | a racetrack located in Madison County
during any
calendar |
20 | | year beginning on or after January 1,
2002, all
moneys |
21 | | derived by
that racetrack from simulcast wagering and |
22 | | inter-track wagering that (1) are to
be used
for purses and |
23 | | (2) are generated between the hours of 6:30 a.m. and 6:30 |
24 | | p.m.
during that
calendar year shall
be deposited as |
25 | | follows:
|
26 | | (A) If the licensee that conducts horse racing at |
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1 | | that racetrack
requests from the
Board at least
as many |
2 | | racing dates as were conducted in calendar year 2000, |
3 | | 80%
shall be deposited into its standardbred purse
|
4 | | account; and
|
5 | | (B) Twenty percent shall be deposited into the |
6 | | Illinois Colt Stakes
Purse
Distribution Fund. Moneys |
7 | | deposited into the Illinois Colt Stakes Purse
|
8 | | Distribution Fund
pursuant to this subparagraph (B) |
9 | | shall be paid to Illinois
conceived and foaled |
10 | | thoroughbred breeders' programs
and to thoroughbred |
11 | | purses for races conducted at any county fairgrounds |
12 | | for
Illinois conceived
and foaled horses at the |
13 | | discretion of the
Department of Agriculture, with the |
14 | | advice and assistance of
the Illinois Thoroughbred |
15 | | Breeders Fund Advisory
Board. The moneys deposited |
16 | | into the Illinois Colt Stakes Purse Distribution
Fund
|
17 | | pursuant to this subparagraph (B) shall be deposited |
18 | | within 2 weeks
after the day they were generated, shall |
19 | | be in addition to and not in
lieu of any other moneys |
20 | | paid to thoroughbred purses
under this Act, and shall |
21 | | not be commingled with other moneys deposited into
that |
22 | | Fund.
|
23 | | (7.3) If no live standardbred racing is conducted at a |
24 | | racetrack located
in
Madison
County in calendar year 2000 |
25 | | or 2001,
an organization licensee who is licensed
to |
26 | | conduct horse racing at that racetrack shall, before |
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1 | | January 1, 2002, pay
all
moneys derived from simulcast |
2 | | wagering and inter-track wagering in calendar
years 2000 |
3 | | and 2001 and
paid into the licensee's standardbred purse |
4 | | account as follows:
|
5 | | (A) Eighty percent to that licensee's thoroughbred |
6 | | purse account to
be used for thoroughbred purses; and
|
7 | | (B) Twenty percent to the Illinois Colt Stakes |
8 | | Purse Distribution
Fund.
|
9 | | Failure to make the payment to the Illinois Colt Stakes |
10 | | Purse Distribution
Fund before January 1, 2002
shall
result |
11 | | in the immediate revocation of the licensee's organization
|
12 | | license, inter-track wagering license, and inter-track |
13 | | wagering location
license.
|
14 | | Moneys paid into the Illinois
Colt Stakes Purse |
15 | | Distribution Fund pursuant to this
paragraph (7.3) shall be |
16 | | paid to purses for standardbred
races for Illinois |
17 | | conceived and foaled horses conducted
at any county
|
18 | | fairgrounds.
Moneys paid into the Illinois
Colt Stakes |
19 | | Purse Distribution Fund pursuant to this
paragraph (7.3) |
20 | | shall be used as determined by the
Department of |
21 | | Agriculture, with the advice and assistance of the
Illinois |
22 | | Standardbred Breeders Fund Advisory Board, shall be in |
23 | | addition to
and not in lieu of any other moneys paid to |
24 | | standardbred purses under this Act,
and shall not be |
25 | | commingled
with any other moneys paid into that Fund.
|
26 | | (7.4) If live standardbred racing is conducted at a |
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1 | | racetrack located in
Madison
County at any time in calendar |
2 | | year 2001 before the payment required
under
paragraph (7.3) |
3 | | has been made, the organization licensee who is licensed to
|
4 | | conduct
racing at that racetrack shall pay all moneys |
5 | | derived by that racetrack from
simulcast
wagering and |
6 | | inter-track wagering during calendar years 2000 and 2001 |
7 | | that (1)
are to be
used for purses and (2) are generated |
8 | | between the hours of 6:30 p.m. and 6:30
a.m.
during 2000 or |
9 | | 2001 to the standardbred purse account at that
racetrack to
|
10 | | be used for standardbred purses.
|
11 | | (8) Notwithstanding any provision in this Act to the |
12 | | contrary, an
organization licensee from a track located in |
13 | | a county with a population in
excess of 230,000 and that |
14 | | borders the Mississippi River and its affiliated
non-host |
15 | | licensees shall not be entitled to share in any retention |
16 | | generated on
racing, inter-track wagering, or simulcast |
17 | | wagering at any other Illinois
wagering facility.
|
18 | | (8.1) Notwithstanding any provisions in this Act to the |
19 | | contrary, if 2
organization licensees
are conducting |
20 | | standardbred race meetings concurrently
between the hours |
21 | | of 6:30 p.m. and 6:30 a.m., after payment of all applicable
|
22 | | State and local taxes and interstate commission fees, the |
23 | | remainder of the
amount retained from simulcast wagering |
24 | | otherwise attributable to the host
track and to host track |
25 | | purses shall be split daily between the 2
organization |
26 | | licensees and the purses at the tracks of the 2 |
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1 | | organization
licensees, respectively, based on each |
2 | | organization licensee's share
of the total live handle for |
3 | | that day,
provided that this provision shall not apply to |
4 | | any non-host licensee that
derives its license from a track |
5 | | located in a county with a population in
excess of 230,000 |
6 | | and that borders the Mississippi River.
|
7 | | (9) (Blank).
|
8 | | (10) (Blank).
|
9 | | (11) (Blank).
|
10 | | (12) The Board shall have authority to compel all host |
11 | | tracks to receive
the simulcast of any or all races |
12 | | conducted at the Springfield or DuQuoin State
fairgrounds |
13 | | and include all such races as part of their simulcast |
14 | | programs.
|
15 | | (13) Notwithstanding any other provision of this Act, |
16 | | in the event that
the total Illinois pari-mutuel handle on |
17 | | Illinois horse races at all wagering
facilities in any |
18 | | calendar year is less than 75% of the total Illinois
|
19 | | pari-mutuel handle on Illinois horse races at all such |
20 | | wagering facilities for
calendar year 1994, then each |
21 | | wagering facility that has an annual total
Illinois |
22 | | pari-mutuel handle on Illinois horse races that is less |
23 | | than 75% of
the total Illinois pari-mutuel handle on |
24 | | Illinois horse races at such wagering
facility for calendar |
25 | | year 1994, shall be permitted to receive, from any amount
|
26 | | otherwise
payable to the purse account at the race track |
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1 | | with which the wagering facility
is affiliated in the |
2 | | succeeding calendar year, an amount equal to 2% of the
|
3 | | differential in total Illinois pari-mutuel handle on |
4 | | Illinois horse
races at the wagering facility between that |
5 | | calendar year in question and 1994
provided, however, that |
6 | | a
wagering facility shall not be entitled to any such |
7 | | payment until the Board
certifies in writing to the |
8 | | wagering facility the amount to which the wagering
facility |
9 | | is entitled
and a schedule for payment of the amount to the |
10 | | wagering facility, based on:
(i) the racing dates awarded |
11 | | to the race track affiliated with the wagering
facility |
12 | | during the succeeding year; (ii) the sums available or |
13 | | anticipated to
be available in the purse account of the |
14 | | race track affiliated with the
wagering facility for purses |
15 | | during the succeeding year; and (iii) the need to
ensure |
16 | | reasonable purse levels during the payment period.
The |
17 | | Board's certification
shall be provided no later than |
18 | | January 31 of the succeeding year.
In the event a wagering |
19 | | facility entitled to a payment under this paragraph
(13) is |
20 | | affiliated with a race track that maintains purse accounts |
21 | | for both
standardbred and thoroughbred racing, the amount |
22 | | to be paid to the wagering
facility shall be divided |
23 | | between each purse account pro rata, based on the
amount of |
24 | | Illinois handle on Illinois standardbred and thoroughbred |
25 | | racing
respectively at the wagering facility during the |
26 | | previous calendar year.
Annually, the General Assembly |
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1 | | shall appropriate sufficient funds from the
General |
2 | | Revenue Fund to the Department of Agriculture for payment |
3 | | into the
thoroughbred and standardbred horse racing purse |
4 | | accounts at
Illinois pari-mutuel tracks. The amount paid to |
5 | | each purse account shall be
the amount certified by the |
6 | | Illinois Racing Board in January to be
transferred from |
7 | | each account to each eligible racing facility in
accordance |
8 | | with the provisions of this Section. Beginning in the |
9 | | calendar year in which an organization licensee that is |
10 | | eligible to receive payment under this paragraph (13) |
11 | | begins to receive funds from electronic gaming, the amount |
12 | | of the payment due to all wagering facilities licensed |
13 | | under that organization licensee under this paragraph (13) |
14 | | shall be the amount certified by the Board in January of |
15 | | that year. An organization licensee and its related |
16 | | wagering facilities shall no longer be able to receive |
17 | | payments under this paragraph (13) beginning in the year |
18 | | subsequent to the first year in which the organization |
19 | | licensee begins to receive funds from electronic gaming.
|
20 | | (h) The Board may approve and license the conduct of |
21 | | inter-track wagering
and simulcast wagering by inter-track |
22 | | wagering licensees and inter-track
wagering location licensees |
23 | | subject to the following terms and conditions:
|
24 | | (1) Any person licensed to conduct a race meeting (i) |
25 | | at a track where
60 or more days of racing were conducted |
26 | | during the immediately preceding
calendar year or where |
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1 | | over the 5 immediately preceding calendar years an
average |
2 | | of 30 or more days of racing were conducted annually may be |
3 | | issued an
inter-track wagering license; (ii) at a track
|
4 | | located in a county that is bounded by the Mississippi |
5 | | River, which has a
population of less than 150,000 |
6 | | according to the 1990 decennial census, and an
average of |
7 | | at least 60 days of racing per year between 1985 and 1993 |
8 | | may be
issued an inter-track wagering license; or (iii) at |
9 | | a track
located in Madison
County that conducted at least |
10 | | 100 days of live racing during the immediately
preceding
|
11 | | calendar year may be issued an inter-track wagering |
12 | | license, unless a lesser
schedule of
live racing is the |
13 | | result of (A) weather, unsafe track conditions, or other
|
14 | | acts of God; (B)
an agreement between the organization |
15 | | licensee and the associations
representing the
largest |
16 | | number of owners, trainers, jockeys, or standardbred |
17 | | drivers who race
horses at
that organization licensee's |
18 | | racing meeting; or (C) a finding by the Board of
|
19 | | extraordinary circumstances and that it was in the best |
20 | | interest of the public
and the sport to conduct fewer than |
21 | | 100 days of live racing. Any such person
having operating |
22 | | control of the racing facility may receive
inter-track |
23 | | wagering
location licenses. An
eligible race track located |
24 | | in a county that has a population of more than
230,000 and |
25 | | that is bounded by the Mississippi River may establish up |
26 | | to 9
inter-track wagering locations , and an eligible race |
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1 | | track located in Stickney Township in Cook County may |
2 | | establish up to 16 inter-track wagering locations , and an |
3 | | eligible race track located in Palatine Township in Cook |
4 | | County may establish up to 18 inter-track wagering |
5 | | locations.
An application for
said license shall be filed |
6 | | with the Board prior to such dates as may be
fixed by the |
7 | | Board. With an application for an inter-track
wagering
|
8 | | location license there shall be delivered to the Board a |
9 | | certified check or
bank draft payable to the order of the |
10 | | Board for an amount equal to $500.
The application shall be |
11 | | on forms prescribed and furnished by the Board. The
|
12 | | application shall comply with all other rules,
regulations |
13 | | and conditions imposed by the Board in connection |
14 | | therewith.
|
15 | | (2) The Board shall examine the applications with |
16 | | respect to their
conformity with this Act and the rules and |
17 | | regulations imposed by the
Board. If found to be in |
18 | | compliance with the Act and rules and regulations
of the |
19 | | Board, the Board may then issue a license to conduct |
20 | | inter-track
wagering and simulcast wagering to such |
21 | | applicant. All such applications
shall be acted upon by the |
22 | | Board at a meeting to be held on such date as may be
fixed |
23 | | by the Board.
|
24 | | (3) In granting licenses to conduct inter-track |
25 | | wagering and simulcast
wagering, the Board shall give due |
26 | | consideration to
the best interests of the
public, of horse |
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1 | | racing, and of maximizing revenue to the State.
|
2 | | (4) Prior to the issuance of a license to conduct |
3 | | inter-track wagering
and simulcast wagering,
the applicant |
4 | | shall file with the Board a bond payable to the State of |
5 | | Illinois
in the sum of $50,000, executed by the applicant |
6 | | and a surety company or
companies authorized to do business |
7 | | in this State, and conditioned upon
(i) the payment by the |
8 | | licensee of all taxes due under Section 27 or 27.1
and any |
9 | | other monies due and payable under this Act, and (ii)
|
10 | | distribution by the licensee, upon presentation of the |
11 | | winning ticket or
tickets, of all sums payable to the |
12 | | patrons of pari-mutuel pools.
|
13 | | (5) Each license to conduct inter-track wagering and |
14 | | simulcast
wagering shall specify the person
to whom it is |
15 | | issued, the dates on which such wagering is permitted, and
|
16 | | the track or location where the wagering is to be |
17 | | conducted.
|
18 | | (6) All wagering under such license is subject to this |
19 | | Act and to the
rules and regulations from time to time |
20 | | prescribed by the Board, and every
such license issued by |
21 | | the Board shall contain a recital to that effect.
|
22 | | (7) An inter-track wagering licensee or inter-track |
23 | | wagering location
licensee may accept wagers at the track |
24 | | or location
where it is licensed, or as otherwise provided |
25 | | under this Act.
|
26 | | (8) Inter-track wagering or simulcast wagering shall |
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1 | | not be
conducted
at any track less than 4 5 miles from a |
2 | | track at which a racing meeting is in
progress.
|
3 | | (8.1) Inter-track wagering location
licensees who |
4 | | derive their licenses from a particular organization |
5 | | licensee
shall conduct inter-track wagering and simulcast |
6 | | wagering only at locations that
are within 160 miles of |
7 | | that race track
where
the particular organization licensee |
8 | | is licensed to conduct racing. However, inter-track |
9 | | wagering and simulcast wagering
shall not
be conducted by |
10 | | those licensees at any location within 5 miles of any race
|
11 | | track at which a
horse race meeting has been licensed in |
12 | | the current year, unless the person
having operating |
13 | | control of such race track has given its written consent
to |
14 | | such inter-track wagering location licensees,
which |
15 | | consent
must be filed with the Board at or prior to the |
16 | | time application is made. In the case of any inter-track |
17 | | wagering location licensee initially licensed after |
18 | | December 31, 2013, inter-track wagering and simulcast |
19 | | wagering shall not be conducted by those inter-track |
20 | | wagering location licensees that are located outside the |
21 | | City of Chicago at any location within 8 miles of any race |
22 | | track at which a horse race meeting has been licensed in |
23 | | the current year, unless the person having operating |
24 | | control of such race track has given its written consent to |
25 | | such inter-track wagering location licensees, which |
26 | | consent must be filed with the Board at or prior to the |
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1 | | time application is made.
|
2 | | (8.2) Inter-track wagering or simulcast wagering shall |
3 | | not be
conducted by an inter-track
wagering location |
4 | | licensee at any location within 500 feet of an
existing
|
5 | | church , an or existing elementary or secondary public |
6 | | school, or an existing elementary or secondary private |
7 | | school registered with or recognized by the State Board of |
8 | | Education school , nor within 500 feet of the residences
of |
9 | | more than 50 registered voters without
receiving written |
10 | | permission from a majority of the registered
voters at such |
11 | | residences.
Such written permission statements shall be |
12 | | filed with the Board. The
distance of 500 feet shall be |
13 | | measured to the nearest part of any
building
used for |
14 | | worship services, education programs, residential |
15 | | purposes, or
conducting inter-track wagering by an |
16 | | inter-track wagering location
licensee, and not to |
17 | | property boundaries. However, inter-track wagering or
|
18 | | simulcast wagering may be conducted at a site within 500 |
19 | | feet of
a church, school or residences
of 50 or more |
20 | | registered voters if such church, school
or residences have |
21 | | been erected
or established, or such voters have been |
22 | | registered, after
the Board issues
the original |
23 | | inter-track wagering location license at the site in |
24 | | question.
Inter-track wagering location licensees may |
25 | | conduct inter-track wagering
and simulcast wagering only |
26 | | in areas that are zoned for
commercial or manufacturing |
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1 | | purposes or
in areas for which a special use has been |
2 | | approved by the local zoning
authority. However, no license |
3 | | to conduct inter-track wagering and simulcast
wagering |
4 | | shall be
granted by the Board with respect to any |
5 | | inter-track wagering location
within the jurisdiction of |
6 | | any local zoning authority which has, by
ordinance or by |
7 | | resolution, prohibited the establishment of an inter-track
|
8 | | wagering location within its jurisdiction. However, |
9 | | inter-track wagering
and simulcast wagering may be |
10 | | conducted at a site if such ordinance or
resolution is |
11 | | enacted after
the Board licenses the original inter-track |
12 | | wagering location
licensee for the site in question.
|
13 | | (9) (Blank).
|
14 | | (10) An inter-track wagering licensee or an |
15 | | inter-track wagering
location licensee may retain, subject |
16 | | to the
payment of the privilege taxes and the purses, an |
17 | | amount not to
exceed 17% of all money wagered. Each program |
18 | | of racing conducted by
each inter-track wagering licensee |
19 | | or inter-track wagering location
licensee shall be |
20 | | considered a separate racing day for the purpose of
|
21 | | determining the daily handle and computing the privilege |
22 | | tax or pari-mutuel
tax on such daily
handle as provided in |
23 | | Section 27.
|
24 | | (10.1) Except as provided in subsection (g) of Section |
25 | | 27 of this Act,
inter-track wagering location licensees |
26 | | shall pay 1% of the
pari-mutuel handle at each location to |
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1 | | the municipality in which such
location is situated and 1% |
2 | | of the pari-mutuel handle at each location to
the county in |
3 | | which such location is situated. In the event that an
|
4 | | inter-track wagering location licensee is situated in an |
5 | | unincorporated
area of a county, such licensee shall pay 2% |
6 | | of the pari-mutuel handle from
such location to such |
7 | | county.
|
8 | | (10.2) Notwithstanding any other provision of this |
9 | | Act, with respect to inter-track
intertrack wagering at a |
10 | | race track located in a
county that has a population of
|
11 | | more than 230,000 and that is bounded by the Mississippi |
12 | | River ("the first race
track"), or at a facility operated |
13 | | by an inter-track wagering licensee or
inter-track |
14 | | wagering location licensee that derives its license from |
15 | | the
organization licensee that operates the first race |
16 | | track, on races conducted at
the first race track or on |
17 | | races conducted at another Illinois race track
and |
18 | | simultaneously televised to the first race track or to a |
19 | | facility operated
by an inter-track wagering licensee or |
20 | | inter-track wagering location licensee
that derives its |
21 | | license from the organization licensee that operates the |
22 | | first
race track, those moneys shall be allocated as |
23 | | follows:
|
24 | | (A) That portion of all moneys wagered on |
25 | | standardbred racing that is
required under this Act to |
26 | | be paid to purses shall be paid to purses for
|
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1 | | standardbred races.
|
2 | | (B) That portion of all moneys wagered on |
3 | | thoroughbred racing
that is required under this Act to |
4 | | be paid to purses shall be paid to purses
for |
5 | | thoroughbred races.
|
6 | | (11) (A) After payment of the privilege or pari-mutuel |
7 | | tax, any other
applicable
taxes, and
the costs and expenses |
8 | | in connection with the gathering, transmission, and
|
9 | | dissemination of all data necessary to the conduct of |
10 | | inter-track wagering,
the remainder of the monies retained |
11 | | under either Section 26 or Section 26.2
of this Act by the |
12 | | inter-track wagering licensee on inter-track wagering
|
13 | | shall be allocated with 50% to be split between the
2 |
14 | | participating licensees and 50% to purses, except
that an |
15 | | inter-track intertrack wagering licensee that derives its
|
16 | | license from a track located in a county with a population |
17 | | in excess of 230,000
and that borders the Mississippi River |
18 | | shall not divide any remaining
retention with the Illinois |
19 | | organization licensee that provides the race or
races, and |
20 | | an inter-track intertrack wagering licensee that accepts |
21 | | wagers on races
conducted by an organization licensee that |
22 | | conducts a race meet in a county
with a population in |
23 | | excess of 230,000 and that borders the Mississippi River
|
24 | | shall not divide any remaining retention with that |
25 | | organization licensee.
|
26 | | (B) From the
sums permitted to be retained pursuant to |
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1 | | this Act each inter-track wagering
location licensee shall |
2 | | pay (i) the privilege or pari-mutuel tax to the
State; (ii) |
3 | | 4.75% of the
pari-mutuel handle on inter-track intertrack |
4 | | wagering at such location on
races as purses, except that
|
5 | | an inter-track intertrack wagering location licensee that |
6 | | derives its license from a
track located in a county with a |
7 | | population in excess of 230,000 and that
borders the |
8 | | Mississippi River shall retain all purse moneys for its own |
9 | | purse
account consistent with distribution set forth in |
10 | | this subsection (h), and inter-track
intertrack wagering |
11 | | location licensees that accept wagers on races
conducted
by |
12 | | an organization licensee located in a county with a |
13 | | population in excess of
230,000 and that borders the |
14 | | Mississippi River shall distribute all purse
moneys to |
15 | | purses at the operating host track; (iii) until January 1, |
16 | | 2000,
except as
provided in
subsection (g) of Section 27 of |
17 | | this Act, 1% of the
pari-mutuel handle wagered on |
18 | | inter-track wagering and simulcast wagering at
each |
19 | | inter-track wagering
location licensee facility to the |
20 | | Horse Racing Tax Allocation Fund, provided
that, to the |
21 | | extent the total amount collected and distributed to the |
22 | | Horse
Racing Tax Allocation Fund under this subsection (h) |
23 | | during any calendar year
exceeds the amount collected and |
24 | | distributed to the Horse Racing Tax Allocation
Fund during |
25 | | calendar year 1994, that excess amount shall be |
26 | | redistributed (I)
to all inter-track wagering location |
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1 | | licensees, based on each licensee's
pro-rata share of the |
2 | | total handle from inter-track wagering and simulcast
|
3 | | wagering for all inter-track wagering location licensees |
4 | | during the calendar
year in which this provision is |
5 | | applicable; then (II) the amounts redistributed
to each |
6 | | inter-track wagering location licensee as described in |
7 | | subpart (I)
shall be further redistributed as provided in |
8 | | subparagraph (B) of paragraph (5)
of subsection (g) of this |
9 | | Section 26 provided first, that the shares of those
|
10 | | amounts, which are to be redistributed to the host track or |
11 | | to purses at the
host track under subparagraph (B) of |
12 | | paragraph (5) of subsection (g) of this
Section 26 shall be
|
13 | | redistributed based on each host track's pro rata share of |
14 | | the total
inter-track
wagering and simulcast wagering |
15 | | handle at all host tracks during the calendar
year in |
16 | | question, and second, that any amounts redistributed as |
17 | | described in
part (I) to an inter-track wagering location |
18 | | licensee that accepts
wagers on races conducted by an |
19 | | organization licensee that conducts a race meet
in a county |
20 | | with a population in excess of 230,000 and that borders the
|
21 | | Mississippi River shall be further redistributed as |
22 | | provided in subparagraphs
(D) and (E) of paragraph (7) of |
23 | | subsection (g) of this Section 26, with the
portion of that
|
24 | | further redistribution allocated to purses at that |
25 | | organization licensee to be
divided between standardbred |
26 | | purses and thoroughbred purses based on the
amounts |
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1 | | otherwise allocated to purses at that organization |
2 | | licensee during the
calendar year in question; and (iv) 8% |
3 | | of the pari-mutuel handle on
inter-track wagering wagered |
4 | | at
such location to satisfy all costs and expenses of |
5 | | conducting its wagering. The
remainder of the monies |
6 | | retained by the inter-track wagering location licensee
|
7 | | shall be allocated 40% to the location licensee and 60% to |
8 | | the organization
licensee which provides the Illinois |
9 | | races to the location, except that an inter-track
|
10 | | intertrack wagering location
licensee that derives its |
11 | | license from a track located in a county with a
population |
12 | | in excess of 230,000 and that borders the Mississippi River |
13 | | shall
not divide any remaining retention with the |
14 | | organization licensee that provides
the race or races and |
15 | | an inter-track intertrack wagering location licensee that |
16 | | accepts
wagers on races conducted by an organization |
17 | | licensee that conducts a race meet
in a county with a |
18 | | population in excess of 230,000 and that borders the
|
19 | | Mississippi River shall not divide any remaining retention |
20 | | with the
organization licensee.
Notwithstanding the |
21 | | provisions of clauses (ii) and (iv) of this
paragraph, in |
22 | | the case of the additional inter-track wagering location |
23 | | licenses
authorized under paragraph (1) of this subsection |
24 | | (h) by Public Act 87-110 this amendatory
Act of 1991 , those |
25 | | licensees shall pay the following amounts as purses:
during |
26 | | the first 12 months the licensee is in operation, 5.25% of
|
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1 | | the
pari-mutuel handle wagered at the location on races; |
2 | | during the second 12
months, 5.25%; during the third 12 |
3 | | months, 5.75%;
during
the fourth 12 months,
6.25%; and |
4 | | during the fifth 12 months and thereafter, 6.75%. The
|
5 | | following amounts shall be retained by the licensee to |
6 | | satisfy all costs
and expenses of conducting its wagering: |
7 | | during the first 12 months the
licensee is in operation, |
8 | | 8.25% of the pari-mutuel handle wagered
at the
location; |
9 | | during the second 12 months, 8.25%; during the third 12
|
10 | | months, 7.75%;
during the fourth 12 months, 7.25%; and |
11 | | during the fifth 12 months
and
thereafter, 6.75%.
For |
12 | | additional inter-track intertrack wagering location |
13 | | licensees authorized under Public Act 89-16 this
|
14 | | amendatory
Act of 1995 , purses for the first 12 months the |
15 | | licensee is in operation shall
be 5.75% of the pari-mutuel |
16 | | wagered
at the location, purses for the second 12 months |
17 | | the licensee is in operation
shall be 6.25%, and purses
|
18 | | thereafter shall be 6.75%. For additional inter-track |
19 | | intertrack location
licensees
authorized under Public Act |
20 | | 89-16
this amendatory Act of 1995 , the licensee shall be |
21 | | allowed to retain to satisfy
all costs and expenses: 7.75% |
22 | | of the pari-mutuel handle wagered at
the location
during |
23 | | its first 12 months of operation, 7.25% during its second
|
24 | | 12
months of
operation, and 6.75% thereafter.
|
25 | | (C) There is hereby created the Horse Racing Tax |
26 | | Allocation Fund
which shall remain in existence until |
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1 | | December 31, 1999. Moneys
remaining in the Fund after |
2 | | December 31, 1999
shall be paid into the
General Revenue |
3 | | Fund. Until January 1, 2000,
all monies paid into the Horse |
4 | | Racing Tax Allocation Fund pursuant to this
paragraph (11) |
5 | | by inter-track wagering location licensees located in park
|
6 | | districts of 500,000 population or less, or in a |
7 | | municipality that is not
included within any park district |
8 | | but is included within a conservation
district and is the |
9 | | county seat of a county that (i) is contiguous to the state
|
10 | | of Indiana and (ii) has a 1990 population of 88,257 |
11 | | according to the United
States Bureau of the Census, and |
12 | | operating on May 1, 1994 shall be
allocated by |
13 | | appropriation as follows:
|
14 | | Two-sevenths to the Department of Agriculture. |
15 | | Fifty percent of
this two-sevenths shall be used to |
16 | | promote the Illinois horse racing and
breeding |
17 | | industry, and shall be distributed by the Department of |
18 | | Agriculture
upon the advice of a 9-member committee |
19 | | appointed by the Governor consisting of
the following |
20 | | members: the Director of Agriculture, who shall serve |
21 | | as
chairman; 2 representatives of organization |
22 | | licensees conducting thoroughbred
race meetings in |
23 | | this State, recommended by those licensees; 2 |
24 | | representatives
of organization licensees conducting |
25 | | standardbred race meetings in this State,
recommended |
26 | | by those licensees; a representative of the Illinois
|
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1 | | Thoroughbred Breeders and Owners Foundation, |
2 | | recommended by that
Foundation; a representative of |
3 | | the Illinois Standardbred Owners and
Breeders |
4 | | Association, recommended
by that Association; a |
5 | | representative of
the Horsemen's Benevolent and |
6 | | Protective Association or any successor
organization |
7 | | thereto established in Illinois comprised of the |
8 | | largest number of
owners and trainers, recommended by |
9 | | that
Association or that successor organization; and a
|
10 | | representative of the Illinois Harness Horsemen's
|
11 | | Association, recommended by that Association. |
12 | | Committee members shall
serve for terms of 2 years, |
13 | | commencing January 1 of each even-numbered
year. If a |
14 | | representative of any of the above-named entities has |
15 | | not been
recommended by January 1 of any even-numbered |
16 | | year, the Governor shall
appoint a committee member to |
17 | | fill that position. Committee members shall
receive no |
18 | | compensation for their services as members but shall be
|
19 | | reimbursed for all actual and necessary expenses and |
20 | | disbursements incurred
in the performance of their |
21 | | official duties. The remaining 50% of this
|
22 | | two-sevenths shall be distributed to county fairs for |
23 | | premiums and
rehabilitation as set forth in the |
24 | | Agricultural Fair Act;
|
25 | | Four-sevenths to park districts or municipalities |
26 | | that do not have a
park district of 500,000 population |
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1 | | or less for museum purposes (if an
inter-track wagering |
2 | | location licensee is located in such a park district) |
3 | | or
to conservation districts for museum purposes (if an |
4 | | inter-track wagering
location licensee is located in a |
5 | | municipality that is not included within any
park |
6 | | district but is included within a conservation |
7 | | district and is the county
seat of a county that (i) is |
8 | | contiguous to the state of Indiana and (ii) has a
1990 |
9 | | population of 88,257 according to the United States |
10 | | Bureau of the Census,
except that if the conservation |
11 | | district does not maintain a museum, the monies
shall |
12 | | be allocated equally between the county and the |
13 | | municipality in which the
inter-track wagering |
14 | | location licensee is located for general purposes) or |
15 | | to a
municipal recreation board for park purposes (if |
16 | | an inter-track wagering
location licensee is located |
17 | | in a municipality that is not included within any
park |
18 | | district and park maintenance is the function of the |
19 | | municipal recreation
board and the municipality has a |
20 | | 1990 population of 9,302 according to the
United States |
21 | | Bureau of the Census); provided that the monies are |
22 | | distributed
to each park district or conservation |
23 | | district or municipality that does not
have a park |
24 | | district in an amount equal to four-sevenths of the |
25 | | amount
collected by each inter-track wagering location |
26 | | licensee within the park
district or conservation |
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1 | | district or municipality for the Fund. Monies that
were |
2 | | paid into the Horse Racing Tax Allocation Fund before |
3 | | August 9, 1991 ( the effective date
of Public Act |
4 | | 87-110) this amendatory Act of 1991 by an inter-track |
5 | | wagering location licensee
located in a municipality |
6 | | that is not included within any park district but is
|
7 | | included within a conservation district as provided in |
8 | | this paragraph shall, as
soon as practicable after |
9 | | August 9, 1991 ( the effective date of Public Act |
10 | | 87-110) this amendatory Act of 1991 , be
allocated and |
11 | | paid to that conservation district as provided in this |
12 | | paragraph.
Any park district or municipality not |
13 | | maintaining a museum may deposit the
monies in the |
14 | | corporate fund of the park district or municipality |
15 | | where the
inter-track wagering location is located, to |
16 | | be used for general purposes;
and
|
17 | | One-seventh to the Agricultural Premium Fund to be |
18 | | used for distribution
to agricultural home economics |
19 | | extension councils in accordance with "An
Act in |
20 | | relation to additional support and finances for the |
21 | | Agricultural and
Home Economic Extension Councils in |
22 | | the several counties of this State and
making an |
23 | | appropriation therefor", approved July 24, 1967.
|
24 | | Until January 1, 2000, all other
monies paid into the |
25 | | Horse Racing Tax
Allocation Fund pursuant to
this paragraph |
26 | | (11) shall be allocated by appropriation as follows:
|
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1 | | Two-sevenths to the Department of Agriculture. |
2 | | Fifty percent of this
two-sevenths shall be used to |
3 | | promote the Illinois horse racing and breeding
|
4 | | industry, and shall be distributed by the Department of |
5 | | Agriculture upon the
advice of a 9-member committee |
6 | | appointed by the Governor consisting of the
following |
7 | | members: the Director of Agriculture, who shall serve |
8 | | as chairman; 2
representatives of organization |
9 | | licensees conducting thoroughbred race meetings
in |
10 | | this State, recommended by those licensees; 2 |
11 | | representatives of
organization licensees conducting |
12 | | standardbred race meetings in this State,
recommended |
13 | | by those licensees; a representative of the Illinois |
14 | | Thoroughbred
Breeders and Owners Foundation, |
15 | | recommended by that Foundation; a
representative of |
16 | | the Illinois Standardbred Owners and Breeders |
17 | | Association,
recommended by that Association; a |
18 | | representative of the Horsemen's Benevolent
and |
19 | | Protective Association or any successor organization |
20 | | thereto established
in Illinois comprised of the |
21 | | largest number of owners and trainers,
recommended by |
22 | | that Association or that successor organization; and a
|
23 | | representative of the Illinois Harness Horsemen's |
24 | | Association, recommended by
that Association. |
25 | | Committee members shall serve for terms of 2 years,
|
26 | | commencing January 1 of each even-numbered year. If a |
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1 | | representative of any of
the above-named entities has |
2 | | not been recommended by January 1 of any
even-numbered |
3 | | year, the Governor shall appoint a committee member to |
4 | | fill that
position. Committee members shall receive no |
5 | | compensation for their services
as members but shall be |
6 | | reimbursed for all actual and necessary expenses and
|
7 | | disbursements incurred in the performance of their |
8 | | official duties. The
remaining 50% of this |
9 | | two-sevenths shall be distributed to county fairs for
|
10 | | premiums and rehabilitation as set forth in the |
11 | | Agricultural Fair Act;
|
12 | | Four-sevenths to museums and aquariums located in |
13 | | park districts of over
500,000 population; provided |
14 | | that the monies are distributed in accordance with
the |
15 | | previous year's distribution of the maintenance tax |
16 | | for such museums and
aquariums as provided in Section 2 |
17 | | of the Park District Aquarium and Museum
Act; and
|
18 | | One-seventh to the Agricultural Premium Fund to be |
19 | | used for distribution
to agricultural home economics |
20 | | extension councils in accordance with "An Act
in |
21 | | relation to additional support and finances for the |
22 | | Agricultural and
Home Economic Extension Councils in |
23 | | the several counties of this State and
making an |
24 | | appropriation therefor", approved July 24, 1967.
This |
25 | | subparagraph (C) shall be inoperative and of no force |
26 | | and effect on and
after January 1, 2000.
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1 | | (D) Except as provided in paragraph (11) of this |
2 | | subsection (h),
with respect to purse allocation from |
3 | | inter-track intertrack wagering, the monies so
|
4 | | retained shall be divided as follows:
|
5 | | (i) If the inter-track wagering licensee, |
6 | | except an inter-track intertrack
wagering licensee |
7 | | that derives its license from an organization
|
8 | | licensee located in a county with a population in |
9 | | excess of 230,000 and bounded
by the Mississippi |
10 | | River, is not conducting its own
race meeting |
11 | | during the same dates, then the entire purse |
12 | | allocation shall be
to purses at the track where |
13 | | the races wagered on are being conducted.
|
14 | | (ii) If the inter-track wagering licensee, |
15 | | except an inter-track intertrack
wagering licensee |
16 | | that derives its license from an organization
|
17 | | licensee located in a county with a population in |
18 | | excess of 230,000 and bounded
by the Mississippi |
19 | | River, is also
conducting its own
race meeting |
20 | | during the same dates, then the purse allocation |
21 | | shall be as
follows: 50% to purses at the track |
22 | | where the races wagered on are
being conducted; 50% |
23 | | to purses at the track where the inter-track
|
24 | | wagering licensee is accepting such wagers.
|
25 | | (iii) If the inter-track wagering is being |
26 | | conducted by an inter-track
wagering location |
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1 | | licensee, except an inter-track intertrack |
2 | | wagering location licensee
that derives its |
3 | | license from an organization licensee located in a
|
4 | | county with a population in excess of 230,000 and |
5 | | bounded by the Mississippi
River, the entire purse |
6 | | allocation for Illinois races shall
be to purses at |
7 | | the track where the race meeting being wagered on |
8 | | is being
held.
|
9 | | (12) The Board shall have all powers necessary and |
10 | | proper to fully
supervise and control the conduct of
|
11 | | inter-track wagering and simulcast
wagering by inter-track |
12 | | wagering licensees and inter-track wagering location
|
13 | | licensees, including, but not
limited to the following:
|
14 | | (A) The Board is vested with power to promulgate |
15 | | reasonable rules and
regulations for the purpose of |
16 | | administering the
conduct of this
wagering and to |
17 | | prescribe reasonable rules, regulations and conditions |
18 | | under
which such wagering shall be held and conducted. |
19 | | Such rules and regulations
are to provide for the |
20 | | prevention of practices detrimental to the public
|
21 | | interest and for
the best interests of said wagering |
22 | | and to impose penalties
for violations thereof.
|
23 | | (B) The Board, and any person or persons to whom it |
24 | | delegates this
power, is vested with the power to enter |
25 | | the
facilities of any licensee to determine whether |
26 | | there has been
compliance with the provisions of this |
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1 | | Act and the rules and regulations
relating to the |
2 | | conduct of such wagering.
|
3 | | (C) The Board, and any person or persons to whom it |
4 | | delegates this
power, may eject or exclude from any |
5 | | licensee's facilities, any person whose
conduct or |
6 | | reputation
is such that his presence on such premises |
7 | | may, in the opinion of the Board,
call into the |
8 | | question the honesty and integrity of, or interfere |
9 | | with the
orderly conduct of such wagering; provided, |
10 | | however, that no person shall
be excluded or ejected |
11 | | from such premises solely on the grounds of race,
|
12 | | color, creed, national origin, ancestry, or sex.
|
13 | | (D) (Blank).
|
14 | | (E) The Board is vested with the power to appoint |
15 | | delegates to execute
any of the powers granted to it |
16 | | under this Section for the purpose of
administering |
17 | | this wagering and any
rules and
regulations
|
18 | | promulgated in accordance with this Act.
|
19 | | (F) The Board shall name and appoint a State |
20 | | director of this wagering
who shall be a representative |
21 | | of the Board and whose
duty it shall
be to supervise |
22 | | the conduct of inter-track wagering as may be provided |
23 | | for
by the rules and regulations of the Board; such |
24 | | rules and regulation shall
specify the method of |
25 | | appointment and the Director's powers, authority and
|
26 | | duties.
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1 | | (G) The Board is vested with the power to impose |
2 | | civil penalties of up
to $5,000 against individuals and |
3 | | up to $10,000 against
licensees for each violation of |
4 | | any provision of
this Act relating to the conduct of |
5 | | this wagering, any
rules adopted
by the Board, any |
6 | | order of the Board or any other action which in the |
7 | | Board's
discretion, is a detriment or impediment to |
8 | | such wagering.
|
9 | | (13) The Department of Agriculture may enter into |
10 | | agreements with
licensees authorizing such licensees to |
11 | | conduct inter-track
wagering on races to be held at the |
12 | | licensed race meetings conducted by the
Department of |
13 | | Agriculture. Such
agreement shall specify the races of the |
14 | | Department of Agriculture's
licensed race meeting upon |
15 | | which the licensees will conduct wagering. In the
event |
16 | | that a licensee
conducts inter-track pari-mutuel wagering |
17 | | on races from the Illinois State Fair
or DuQuoin State Fair |
18 | | which are in addition to the licensee's previously
approved |
19 | | racing program, those races shall be considered a separate |
20 | | racing day
for the
purpose of determining the daily handle |
21 | | and computing the privilege or
pari-mutuel tax on
that |
22 | | daily handle as provided in Sections 27
and 27.1. Such
|
23 | | agreements shall be approved by the Board before such |
24 | | wagering may be
conducted. In determining whether to grant |
25 | | approval, the Board shall give
due consideration to the |
26 | | best interests of the public and of horse racing.
The |
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1 | | provisions of paragraphs (1), (8), (8.1), and (8.2) of
|
2 | | subsection (h) of this
Section which are not specified in |
3 | | this paragraph (13) shall not apply to
licensed race |
4 | | meetings conducted by the Department of Agriculture at the
|
5 | | Illinois State Fair in Sangamon County or the DuQuoin State |
6 | | Fair in Perry
County, or to any wagering conducted on
those |
7 | | race meetings. |
8 | | (14) An inter-track wagering location license |
9 | | authorized by the Board in 2016 that is owned and operated |
10 | | by a race track in Rock Island County shall be transferred |
11 | | to a commonly owned race track in Cook County on August 12, |
12 | | 2016 ( the effective date of Public Act 99-757) this |
13 | | amendatory Act of the 99th General Assembly . The licensee |
14 | | shall retain its status in relation to purse distribution |
15 | | under paragraph (11) of this subsection (h) following the |
16 | | transfer to the new entity. The pari-mutuel tax credit |
17 | | under Section 32.1 shall not be applied toward any |
18 | | pari-mutuel tax obligation of the inter-track wagering |
19 | | location licensee of the license that is transferred under |
20 | | this paragraph (14).
|
21 | | (i) Notwithstanding the other provisions of this Act, the |
22 | | conduct of
wagering at wagering facilities is authorized on all |
23 | | days, except as limited by
subsection (b) of Section 19 of this |
24 | | Act.
|
25 | | (Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 98-968, |
26 | | eff. 8-15-14; 99-756, eff. 8-12-16; 99-757, eff. 8-12-16; |
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1 | | revised 9-14-16.)
|
2 | | (230 ILCS 5/26.8) |
3 | | Sec. 26.8. Beginning on February 1, 2014 and through |
4 | | December 31, 2018 , each wagering licensee may impose a |
5 | | surcharge of up to 0.5% on winning wagers and winnings from |
6 | | wagers. The surcharge shall be deducted from winnings prior to |
7 | | payout. All amounts collected from the imposition of this |
8 | | surcharge shall be evenly distributed to the organization |
9 | | licensee and the purse account of the organization licensee |
10 | | with which the licensee is affiliated. The amounts distributed |
11 | | under this Section shall be in addition to the amounts paid |
12 | | pursuant to paragraph (10) of subsection (h) of Section 26, |
13 | | Section 26.3, Section 26.4, Section 26.5, and Section 26.7.
|
14 | | (Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.) |
15 | | (230 ILCS 5/26.9) |
16 | | Sec. 26.9. Beginning on February 1, 2014 and through |
17 | | December 31, 2018 , in addition to the surcharge imposed in |
18 | | Sections 26.3, 26.4, 26.5, 26.7, and 26.8 of this Act, each |
19 | | licensee shall impose a surcharge of 0.2% on winning wagers and |
20 | | winnings from wagers. The surcharge shall be deducted from |
21 | | winnings prior to payout. All amounts collected from the |
22 | | surcharges imposed under this Section shall be remitted to the |
23 | | Board. From amounts collected under this Section, the Board |
24 | | shall deposit an amount not to exceed $100,000 annually into |
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1 | | the Quarter Horse Purse Fund and all remaining amounts into the |
2 | | Horse Racing Fund.
|
3 | | (Source: P.A. 98-624, eff. 1-29-14; 99-756, eff. 8-12-16.) |
4 | | (230 ILCS 5/27) (from Ch. 8, par. 37-27) |
5 | | Sec. 27. (a) In addition to the organization license fee |
6 | | provided
by this Act, until January 1, 2000, a
graduated |
7 | | privilege tax is hereby
imposed for conducting
the pari-mutuel |
8 | | system of wagering permitted under this
Act. Until January 1, |
9 | | 2000, except as provided in subsection (g) of
Section 27 of |
10 | | this Act, all of
the breakage of each racing day held by any |
11 | | licensee in the State shall be paid
to the State.
Until January |
12 | | 1, 2000, such daily graduated privilege tax shall be paid by
|
13 | | the
licensee from the amount permitted to be retained under |
14 | | this Act.
Until January 1, 2000, each day's
graduated privilege |
15 | | tax, breakage, and Horse Racing Tax Allocation
funds shall be |
16 | | remitted to the Department of Revenue within 48 hours after the
|
17 | | close of the racing day upon which it is assessed or within |
18 | | such other time as
the Board prescribes. The privilege tax |
19 | | hereby imposed, until January
1, 2000, shall be a flat tax at
|
20 | | the rate of 2% of the daily pari-mutuel handle except as |
21 | | provided in Section
27.1. |
22 | | In addition, every organization licensee, except as
|
23 | | provided in Section 27.1 of this Act, which conducts multiple
|
24 | | wagering shall pay, until January 1, 2000,
as a privilege tax |
25 | | on multiple
wagers an amount
equal to 1.25% of all moneys |
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1 | | wagered each day on such multiple wagers,
plus an additional |
2 | | amount equal to 3.5% of the amount wagered each day on any
|
3 | | other multiple wager which involves a single
betting interest |
4 | | on 3 or more horses. The licensee shall remit the amount of
|
5 | | such taxes to the Department of Revenue within 48 hours after |
6 | | the close of
the racing day on which it is assessed or within |
7 | | such other time as the Board
prescribes. |
8 | | This subsection (a) shall be inoperative and of no force |
9 | | and effect on and
after January 1, 2000. |
10 | | (a-5) Beginning on January 1, 2000, a
flat
pari-mutuel tax |
11 | | at the rate of 1.5% of
the daily
pari-mutuel handle is imposed |
12 | | at all pari-mutuel wagering facilities and on advance deposit |
13 | | wagering from a location other than a wagering facility, except |
14 | | as otherwise provided for in this subsection (a-5). In addition |
15 | | to the pari-mutuel tax imposed on advance deposit wagering |
16 | | pursuant to this subsection (a-5), beginning on August 24, 2012 |
17 | | (the effective date of Public Act 97-1060) and through December |
18 | | 31, 2018 , an additional pari-mutuel tax at the rate of 0.25% |
19 | | shall be imposed on advance deposit wagering. Until August 25, |
20 | | 2012, the additional 0.25% pari-mutuel tax imposed on advance |
21 | | deposit wagering by Public Act 96-972 shall be deposited into |
22 | | the Quarter Horse Purse Fund, which shall be created as a |
23 | | non-appropriated trust fund administered by the Board for |
24 | | grants to thoroughbred organization licensees for payment of |
25 | | purses for quarter horse races conducted by the organization |
26 | | licensee. Beginning on August 26, 2012, the additional 0.25% |
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1 | | pari-mutuel tax imposed on advance deposit wagering shall be |
2 | | deposited into the Standardbred Purse Fund, which shall be |
3 | | created as a non-appropriated trust fund administered by the |
4 | | Board, for grants to the standardbred organization licensees |
5 | | for payment of purses for standardbred horse races conducted by |
6 | | the organization licensee. Thoroughbred organization licensees |
7 | | may petition the Board to conduct quarter horse racing and |
8 | | receive purse grants from the Quarter Horse Purse Fund. The |
9 | | Board shall have complete discretion in distributing the |
10 | | Quarter Horse Purse Fund to the petitioning organization |
11 | | licensees. Beginning on July 26, 2010 (the effective date of |
12 | | Public Act 96-1287), a pari-mutuel tax at the rate of 0.75% of |
13 | | the daily pari-mutuel handle is imposed at a pari-mutuel |
14 | | facility whose license is derived from a track located in a |
15 | | county that borders the Mississippi River and conducted live |
16 | | racing in the previous year. The pari-mutuel tax imposed by |
17 | | this subsection (a-5)
shall be remitted to the Department of
|
18 | | Revenue within 48 hours after the close of the racing day upon |
19 | | which it is
assessed or within such other time as the Board |
20 | | prescribes. |
21 | | (a-10) Beginning on the date when an organization licensee |
22 | | begins conducting electronic gaming pursuant to an electronic |
23 | | gaming license, the following pari-mutuel tax is imposed upon |
24 | | an organization licensee on Illinois races at the licensee's |
25 | | race track: |
26 | | 1.5% of the pari-mutuel handle at or below the average |
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1 | | daily pari-mutuel handle for 2011. |
2 | | 2% of the pari-mutuel handle above the average daily |
3 | | pari-mutuel handle for 2011 up to 125% of the average daily |
4 | | pari-mutuel handle for 2011. |
5 | | 2.5% of the pari-mutuel handle 125% or more above the |
6 | | average daily pari-mutuel handle for 2011 up to 150% of the |
7 | | average daily pari-mutuel handle for 2011. |
8 | | 3% of the pari-mutuel handle 150% or more above the |
9 | | average daily pari-mutuel handle for 2011 up to 175% of the |
10 | | average daily pari-mutuel handle for 2011. |
11 | | 3.5% of the pari-mutuel handle 175% or more above the |
12 | | average daily pari-mutuel handle for 2011. |
13 | | The pari-mutuel tax imposed by this subsection (a-10) shall |
14 | | be remitted to the Board within 48 hours after the close of the |
15 | | racing day upon which it is assessed or within such other time |
16 | | as the Board prescribes. |
17 | | (b) On or before December 31, 1999, in
the event that any |
18 | | organization
licensee conducts
2 separate programs
of races on |
19 | | any day, each such program shall be considered a separate
|
20 | | racing day for purposes of determining the daily handle and |
21 | | computing
the privilege tax on such daily handle as provided in |
22 | | subsection (a) of
this Section. |
23 | | (c) Licensees shall at all times keep accurate
books
and |
24 | | records of all monies wagered on each day of a race meeting and |
25 | | of
the taxes paid to the Department of Revenue under the |
26 | | provisions of this
Section. The Board or its duly authorized |
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1 | | representative or
representatives shall at all reasonable |
2 | | times have access to such
records for the purpose of examining |
3 | | and checking the same and
ascertaining whether the proper |
4 | | amount of taxes is being paid as
provided. The Board shall |
5 | | require verified reports and a statement of
the total of all |
6 | | monies wagered daily at each wagering facility upon which
the |
7 | | taxes are assessed and may prescribe forms upon which such |
8 | | reports
and statement shall be made. |
9 | | (d) Before a license is issued or re-issued, the licensee |
10 | | shall post a bond in the sum of $500,000 to the State of |
11 | | Illinois. The bond shall be used to guarantee that the licensee |
12 | | faithfully makes the payments, keeps the books and records and |
13 | | makes reports, and conducts games of chance in conformity with |
14 | | this Act and the rules adopted by the Board. The bond shall not |
15 | | be canceled by a surety on less than 30 days' notice in writing |
16 | | to the Board. If a bond is canceled and the licensee fails to |
17 | | file a new bond with the Board in the required amount on or |
18 | | before the effective date of cancellation, the licensee's |
19 | | license shall be revoked. The total and aggregate liability of |
20 | | the surety on the bond is limited to the amount specified in |
21 | | the bond. Any licensee failing or refusing to pay the amount
of |
22 | | any tax due under this Section shall be guilty of a business |
23 | | offense
and upon conviction shall be fined not more than $5,000 |
24 | | in addition to
the amount found due as tax under this Section. |
25 | | Each day's violation
shall constitute a separate offense. All |
26 | | fines paid into Court by a licensee hereunder shall be |
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1 | | transmitted and paid over by
the Clerk of the Court to the |
2 | | Board. |
3 | | (e) No other license fee, privilege tax, excise tax, or
|
4 | | racing fee, except as provided in this Act, shall be assessed |
5 | | or
collected from any such licensee by the State. |
6 | | (f) No other license fee, privilege tax, excise tax or |
7 | | racing fee shall be
assessed or collected from any such |
8 | | licensee by units of local government
except as provided in |
9 | | paragraph 10.1 of subsection (h) and subsection (f) of
Section |
10 | | 26 of this Act. However, any municipality that has a Board |
11 | | licensed
horse race meeting at a race track wholly within its |
12 | | corporate boundaries or a
township that has a Board licensed |
13 | | horse race meeting at a race track wholly
within the |
14 | | unincorporated area of the township may charge a local
|
15 | | amusement tax not to exceed 10¢ per admission to such horse |
16 | | race meeting
by the enactment of an ordinance. However, any |
17 | | municipality or county
that has a Board licensed inter-track |
18 | | wagering location facility wholly
within its corporate |
19 | | boundaries may each impose an admission fee not
to exceed $1.00 |
20 | | per admission to such inter-track wagering location facility,
|
21 | | so that a total of not more than $2.00 per admission may be |
22 | | imposed.
Except as provided in subparagraph (g) of Section 27 |
23 | | of this Act, the
inter-track wagering location licensee shall |
24 | | collect any and all such fees
and within 48 hours remit the |
25 | | fees to the Board as the Board prescribes , which shall, |
26 | | pursuant to
rule, cause the fees to be distributed to the |
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1 | | county or municipality. |
2 | | (g) Notwithstanding any provision in this Act to the |
3 | | contrary, if in any
calendar year the total taxes and fees from |
4 | | wagering on live racing and from
inter-track wagering required |
5 | | to be collected from
licensees and distributed under this Act |
6 | | to all State and local governmental
authorities exceeds the |
7 | | amount of such taxes and fees distributed to each State
and |
8 | | local governmental authority to which each State and local |
9 | | governmental
authority was entitled under this Act for calendar |
10 | | year 1994, then the first
$11 million of that excess amount |
11 | | shall be allocated at the earliest possible
date for |
12 | | distribution as purse money for the succeeding calendar year.
|
13 | | Upon reaching the 1994 level, and until the excess amount of |
14 | | taxes and fees
exceeds $11 million, the Board shall direct all |
15 | | licensees to cease paying the
subject taxes and fees and the |
16 | | Board shall direct all licensees to allocate any such excess |
17 | | amount for purses as
follows: |
18 | | (i) the excess amount shall be initially divided |
19 | | between thoroughbred and
standardbred purses based on the |
20 | | thoroughbred's and standardbred's respective
percentages |
21 | | of total Illinois live wagering in calendar year 1994; |
22 | | (ii) each thoroughbred and standardbred organization |
23 | | licensee issued an
organization licensee in that |
24 | | succeeding allocation year shall
be
allocated an amount |
25 | | equal to the product of its percentage of total
Illinois
|
26 | | live thoroughbred or standardbred wagering in calendar |
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1 | | year 1994 (the total to
be determined based on the sum of |
2 | | 1994 on-track wagering for all organization
licensees |
3 | | issued organization licenses in both the allocation year |
4 | | and the
preceding year) multiplied by
the total amount |
5 | | allocated for standardbred or thoroughbred purses, |
6 | | provided
that the first $1,500,000 of the amount allocated |
7 | | to standardbred
purses under item (i) shall be allocated to |
8 | | the Department of
Agriculture to be expended with the |
9 | | assistance and advice of the Illinois
Standardbred |
10 | | Breeders Funds Advisory Board for the purposes listed in
|
11 | | subsection (g) of Section 31 of this Act, before the amount |
12 | | allocated to
standardbred purses under item (i) is |
13 | | allocated to standardbred
organization licensees in the |
14 | | succeeding allocation year. |
15 | | To the extent the excess amount of taxes and fees to be |
16 | | collected and
distributed to State and local governmental |
17 | | authorities exceeds $11 million,
that excess amount shall be |
18 | | collected and distributed to State and local
authorities as |
19 | | provided for under this Act. |
20 | | (Source: P.A. 98-18, eff. 6-7-13; 98-624, eff. 1-29-14; 99-756, |
21 | | eff. 8-12-16.)
|
22 | | (230 ILCS 5/30) (from Ch. 8, par. 37-30)
|
23 | | Sec. 30.
(a) The General Assembly declares that it is the |
24 | | policy of
this State to encourage the breeding of thoroughbred |
25 | | horses in this
State and the ownership of such horses by |
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1 | | residents of this State in
order to provide for: sufficient |
2 | | numbers of high quality thoroughbred
horses to participate in |
3 | | thoroughbred racing meetings in this State,
and to establish |
4 | | and preserve the agricultural and commercial benefits
of such |
5 | | breeding and racing industries to the State of Illinois. It is
|
6 | | the intent of the General Assembly to further this policy by |
7 | | the
provisions of this Act.
|
8 | | (b) Each organization licensee conducting a thoroughbred
|
9 | | racing meeting
pursuant to this Act shall provide at least two |
10 | | races each day limited
to Illinois conceived and foaled horses |
11 | | or Illinois foaled horses or
both. A minimum of 6 races shall |
12 | | be conducted each week limited to
Illinois conceived and foaled |
13 | | or Illinois foaled horses or both. No
horses shall be permitted |
14 | | to start in such races unless duly registered
under the rules |
15 | | of the Department of Agriculture.
|
16 | | (c) Conditions of races under subsection (b) shall be
|
17 | | commensurate
with past performance, quality, and class of |
18 | | Illinois conceived and foaled
and Illinois foaled horses
|
19 | | available. If, however, sufficient competition cannot be had |
20 | | among
horses of that class on any day, the races may, with |
21 | | consent of the
Board, be eliminated for that day and substitute |
22 | | races provided.
|
23 | | (d) There is hereby created a special fund of the State |
24 | | Treasury to
be known as the Illinois Thoroughbred Breeders |
25 | | Fund.
|
26 | | Beginning on the effective date of this amendatory Act of |
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1 | | the 100th General Assembly, the Illinois Thoroughbred Breeders |
2 | | Fund shall become a non-appropriated trust fund held separately |
3 | | from State moneys. Expenditures from this Fund shall no longer |
4 | | be subject to appropriation. |
5 | | Except as provided in subsection (g) of Section 27 of this |
6 | | Act, 8.5% of all
the monies received by the State as
privilege |
7 | | taxes on Thoroughbred racing meetings shall be paid into the |
8 | | Illinois
Thoroughbred Breeders Fund.
|
9 | | Notwithstanding any provision of law to the contrary, |
10 | | amounts deposited into the Illinois Thoroughbred Breeders Fund |
11 | | from revenues generated by electronic gaming after the |
12 | | effective date of this amendatory Act of the 100th General |
13 | | Assembly shall be in addition to tax and fee amounts paid under |
14 | | this Section for calendar year 2017 and thereafter. |
15 | | (e) The Illinois Thoroughbred Breeders Fund shall be |
16 | | administered by
the Department of Agriculture
with the advice |
17 | | and assistance of the
Advisory Board created in subsection (f) |
18 | | of this Section.
|
19 | | (f) The Illinois Thoroughbred Breeders Fund Advisory Board |
20 | | shall
consist of the Director of the Department of Agriculture, |
21 | | who shall
serve as Chairman; a member of the Illinois Racing |
22 | | Board, designated by
it; 2 representatives of the organization |
23 | | licensees
conducting thoroughbred
racing meetings, recommended |
24 | | by them; 2 representatives of the Illinois
Thoroughbred |
25 | | Breeders and Owners Foundation, recommended by it; one |
26 | | representative and 2
representatives of the Horsemen's |
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1 | | Benevolent Protective Association ; and one representative from |
2 | | the Illinois Thoroughbred Horsemen's Association or any
|
3 | | successor organization established in Illinois comprised of |
4 | | the largest number
of owners and trainers,
recommended
by it, |
5 | | with one representative of the Horsemen's Benevolent and |
6 | | Protective
Association to come from its Illinois Division, and |
7 | | one from its Chicago
Division . Advisory Board members shall |
8 | | serve for 2 years commencing January 1
of
each odd numbered |
9 | | year. If representatives of the organization licensees
|
10 | | conducting thoroughbred racing meetings, the Illinois |
11 | | Thoroughbred Breeders and
Owners Foundation, and the |
12 | | Horsemen's Benevolent Protection Association , and the Illinois |
13 | | Thoroughbred Horsemen's Association have
not been recommended |
14 | | by January 1, of each odd numbered year, the Director of
the |
15 | | Department of Agriculture shall make an appointment for the |
16 | | organization
failing to so recommend a member of the Advisory |
17 | | Board. Advisory Board members
shall receive no compensation for |
18 | | their services as members but shall be
reimbursed for all |
19 | | actual and necessary expenses and disbursements incurred in
the |
20 | | execution of their official duties.
|
21 | | (g) No monies shall be expended from the Illinois |
22 | | Thoroughbred
Breeders Fund except as appropriated by the |
23 | | General Assembly. Monies expended
appropriated from the |
24 | | Illinois Thoroughbred Breeders Fund shall be
expended by the |
25 | | Department of Agriculture,
with the advice and
assistance of |
26 | | the Illinois Thoroughbred Breeders Fund Advisory Board,
for the |
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1 | | following purposes only:
|
2 | | (1) To provide purse supplements to owners of horses |
3 | | participating
in races limited to Illinois conceived and |
4 | | foaled and Illinois foaled
horses. Any such purse |
5 | | supplements shall not be included in and shall
be paid in |
6 | | addition to any purses, stakes, or breeders' awards offered
|
7 | | by each organization licensee as determined by agreement |
8 | | between such
organization licensee and an organization |
9 | | representing the horsemen. No
monies from the Illinois |
10 | | Thoroughbred Breeders Fund shall be used to provide
purse |
11 | | supplements for claiming races in which the minimum |
12 | | claiming price is
less than $7,500.
|
13 | | (2) To provide stakes and awards to be paid to the |
14 | | owners of the
winning horses in certain races limited to |
15 | | Illinois conceived and foaled
and Illinois foaled horses |
16 | | designated as stakes races.
|
17 | | (2.5) To provide an award to the owner or owners of an |
18 | | Illinois
conceived and foaled or Illinois foaled horse that |
19 | | wins a
maiden special weight, an allowance, overnight |
20 | | handicap race, or
claiming race with claiming price of |
21 | | $10,000 or more providing the race
is not restricted
to |
22 | | Illinois conceived and foaled or Illinois foaled horses.
|
23 | | Awards shall
also be provided to the owner or owners of |
24 | | Illinois conceived and foaled and
Illinois foaled horses |
25 | | that place second or third in those races. To the
extent
|
26 | | that additional moneys are required to pay the minimum |
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1 | | additional awards of 40%
of the purse the horse earns for |
2 | | placing first, second or third in those races
for Illinois |
3 | | foaled horses and of 60% of the purse the horse earns for |
4 | | placing
first, second or third in those races for Illinois
|
5 | | conceived and foaled horses, those moneys shall be provided |
6 | | from the purse
account at the track where earned.
|
7 | | (3) To provide stallion awards to the owner or owners |
8 | | of any
stallion that is duly registered with the Illinois |
9 | | Thoroughbred Breeders
Fund Program prior to the effective |
10 | | date of this amendatory Act of 1995 whose
duly registered |
11 | | Illinois conceived and foaled offspring wins a race |
12 | | conducted
at an Illinois
thoroughbred racing meeting other |
13 | | than a claiming race , provided that the stallion stood |
14 | | service within Illinois at the time the offspring was |
15 | | conceived and that the stallion did not stand for service |
16 | | outside of Illinois at any time during the year in which |
17 | | the offspring was conceived . Such
award
shall not be paid |
18 | | to the owner or owners of an Illinois stallion that served
|
19 | | outside this State at any time during the calendar year in |
20 | | which such race was
conducted.
|
21 | | (4) To provide $75,000 annually for purses to be
|
22 | | distributed to
county fairs that provide for the running of |
23 | | races during each county
fair exclusively for the |
24 | | thoroughbreds conceived and foaled in
Illinois. The |
25 | | conditions of the races shall be developed by the county
|
26 | | fair association and reviewed by the Department with the |
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1 | | advice and
assistance of
the Illinois Thoroughbred |
2 | | Breeders Fund Advisory Board. There shall be no
wagering of |
3 | | any kind on the running
of
Illinois conceived and foaled |
4 | | races at county fairs.
|
5 | | (4.1) To provide purse money for an Illinois stallion |
6 | | stakes program.
|
7 | | (5) No less than 90% 80% of all monies appropriated |
8 | | from the Illinois
Thoroughbred Breeders Fund shall be |
9 | | expended for the purposes in (1), (2),
(2.5), (3), (4), |
10 | | (4.1), and (5) as shown above.
|
11 | | (6) To provide for educational programs regarding the |
12 | | thoroughbred
breeding industry.
|
13 | | (7) To provide for research programs concerning the |
14 | | health,
development and care of the thoroughbred horse.
|
15 | | (8) To provide for a scholarship and training program |
16 | | for students
of equine veterinary medicine.
|
17 | | (9) To provide for dissemination of public information |
18 | | designed to
promote the breeding of thoroughbred horses in |
19 | | Illinois.
|
20 | | (10) To provide for all expenses incurred in the |
21 | | administration of
the Illinois Thoroughbred Breeders Fund.
|
22 | | (h) The Illinois Thoroughbred Breeders Fund is not subject |
23 | | to administrative charges or chargebacks, including, but not |
24 | | limited to, those authorized under Section 8h of the State |
25 | | Finance Act. Whenever the Governor finds that the amount in the |
26 | | Illinois
Thoroughbred Breeders Fund is more than the total of |
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1 | | the outstanding
appropriations from such fund, the Governor |
2 | | shall notify the State
Comptroller and the State Treasurer of |
3 | | such fact. The Comptroller and
the State Treasurer, upon |
4 | | receipt of such notification, shall transfer
such excess amount |
5 | | from the Illinois Thoroughbred Breeders Fund to the
General |
6 | | Revenue Fund.
|
7 | | (i) A sum equal to 13% of the first prize money of every |
8 | | purse won by an Illinois foaled or Illinois conceived and |
9 | | foaled horse in races not limited to Illinois foaled horses or |
10 | | Illinois conceived and foaled horses, or both, shall be paid by |
11 | | the organization licensee conducting the horse race meeting. |
12 | | Such sum shall be paid 50% from the organization licensee's |
13 | | share of the money wagered and 50% from the purse account as |
14 | | follows: 11 1/2% to the breeder of the winning horse and 1 1/2% |
15 | | to the organization representing thoroughbred breeders and |
16 | | owners who representative serves on the Illinois Thoroughbred |
17 | | Breeders Fund Advisory Board for verifying the amounts of |
18 | | breeders' awards earned, ensuring their distribution in |
19 | | accordance with this Act, and servicing and promoting the |
20 | | Illinois thoroughbred horse racing industry. Beginning in the |
21 | | calendar year in which an organization licensee that is |
22 | | eligible to receive payments under paragraph (13) of subsection |
23 | | (g) of Section 26 of this Act begins to receive funds from |
24 | | electronic gaming, a sum equal to 21 1/2% of the first prize |
25 | | money of every purse won by an Illinois foaled or an Illinois |
26 | | conceived and foaled horse in races not limited to an Illinois |
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1 | | conceived and foaled horse, or both, shall be paid 30% from the |
2 | | organization licensee's account and 70% from the purse account |
3 | | as follows: 20% to the breeder of the winning horse and 1 1/2% |
4 | | to the organization representing thoroughbred breeders and |
5 | | owners whose representatives serves on the Illinois |
6 | | Thoroughbred Breeders Fund Advisory Board for verifying the |
7 | | amounts of breeders' awards earned, assuring their |
8 | | distribution in accordance with this Act, and servicing and |
9 | | promoting the Illinois Thoroughbred racing industry. A sum |
10 | | equal to 12 1/2% of the first prize money of every purse
won by |
11 | | an Illinois foaled or an Illinois conceived and foaled horse in
|
12 | | races not limited to Illinois foaled horses or Illinois |
13 | | conceived and
foaled horses, or both, shall be paid by the |
14 | | organization licensee
conducting the horse race meeting. Such |
15 | | sum shall be paid from the organization
licensee's share of the |
16 | | money wagered as follows: 11 1/2% to the breeder of
the winning |
17 | | horse and 1% to the organization representing thoroughbred |
18 | | breeders
and owners whose representative serves on the Illinois |
19 | | Thoroughbred Breeders
Fund Advisory Board for verifying the |
20 | | amounts of breeders' awards earned,
assuring their |
21 | | distribution in accordance with this Act, and servicing and
|
22 | | promoting the Illinois thoroughbred horse racing industry. The
|
23 | | organization representing thoroughbred breeders and owners |
24 | | shall cause all
expenditures of monies received under this |
25 | | subsection (i) to be audited
at least annually by a registered |
26 | | public accountant. The organization
shall file copies of each |
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1 | | annual audit with the Racing Board, the Clerk of
the House of |
2 | | Representatives and the Secretary of the Senate, and shall
make |
3 | | copies of each annual audit available to the public upon |
4 | | request
and upon payment of the reasonable cost of photocopying |
5 | | the requested
number of copies. Such payments shall not reduce |
6 | | any award to the owner of the
horse or reduce the taxes payable |
7 | | under this Act. Upon completion of its
racing meet, each |
8 | | organization licensee shall deliver to the organization
|
9 | | representing thoroughbred breeders and owners whose |
10 | | representative serves on
the Illinois Thoroughbred Breeders |
11 | | Fund Advisory Board a listing of all the
Illinois foaled and |
12 | | the Illinois conceived and foaled horses which won
breeders' |
13 | | awards and the amount of such breeders' awards under this |
14 | | subsection
to verify accuracy of payments and assure proper |
15 | | distribution of breeders'
awards in accordance with the |
16 | | provisions of this Act. Such payments shall be
delivered by the |
17 | | organization licensee within 30 days of the end of each race
|
18 | | meeting.
|
19 | | (j) A sum equal to 13% of the first prize money won in |
20 | | every race limited to Illinois foaled horses or Illinois |
21 | | conceived and foaled horses, or both, shall be paid in the |
22 | | following manner by the organization licensee conducting the |
23 | | horse race meeting, 50% from the organization licensee's share |
24 | | of the money wagered and 50% from the purse account as follows: |
25 | | 11 1/2% to the breeders of the horses in each such race which |
26 | | are the official first, second, third, and fourth finishers and |
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1 | | 1 1/2% to the organization representing thoroughbred breeders |
2 | | and owners whose representatives serves on the Illinois |
3 | | Thoroughbred Breeders Fund Advisory Board for verifying the |
4 | | amounts of breeders' awards earned, ensuring their proper |
5 | | distribution in accordance with this Act, and servicing and |
6 | | promoting the Illinois horse racing industry. Beginning in the |
7 | | calendar year in which an organization licensee that is |
8 | | eligible to receive payments under paragraph (13) of subsection |
9 | | (g) of Section 26 of this Act begins to receive funds from |
10 | | electronic gaming, a sum of 21 1/2% of every purse in a race |
11 | | limited to Illinois foaled horses or Illinois conceived and |
12 | | foaled horses, or both, shall be paid by the organization |
13 | | licensee conducting the horse race meeting. Such sum shall be |
14 | | paid 30% from the organization licensee's account and 70% from |
15 | | the purse account as follows: 20% to the breeders of the horses |
16 | | in each such race who are official first, second, third and |
17 | | fourth finishers and 1 1/2% to the organization representing |
18 | | thoroughbred breeders and owners whose representatives serve |
19 | | on the Illinois Thoroughbred Breeders Fund Advisory Board for |
20 | | verifying the amounts of breeders' awards earned, ensuring |
21 | | their proper distribution in accordance with this Act, and |
22 | | servicing and promoting the Illinois thoroughbred horse racing |
23 | | industry. The organization representing thoroughbred breeders |
24 | | and owners shall cause all expenditures of moneys received |
25 | | under this subsection (j) to be audited at least annually by a |
26 | | registered public accountant. The organization shall file |
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1 | | copies of each annual audit with the Racing Board, the Clerk of |
2 | | the House of Representatives and the Secretary of the Senate, |
3 | | and shall make copies of each annual audit available to the |
4 | | public upon request and upon payment of the reasonable cost of |
5 | | photocopying the requested number of copies. A sum equal to 12 |
6 | | 1/2% of the first prize money won in each race
limited to |
7 | | Illinois foaled horses or Illinois conceived and foaled
horses, |
8 | | or both, shall be paid in the following manner by the
|
9 | | organization licensee conducting the horse race meeting, from |
10 | | the
organization licensee's share of the money wagered: 11 1/2% |
11 | | to the breeders of
the horses in each such race which are the |
12 | | official first, second, third
and fourth finishers and 1% to |
13 | | the organization representing thoroughbred
breeders and owners |
14 | | whose representative serves on the Illinois Thoroughbred
|
15 | | Breeders Fund Advisory Board for verifying the amounts of |
16 | | breeders' awards
earned, assuring their proper distribution in |
17 | | accordance with this Act, and
servicing and promoting the |
18 | | Illinois thoroughbred horse racing industry. The
organization |
19 | | representing thoroughbred breeders and owners shall cause all
|
20 | | expenditures of monies received under this subsection (j) to be |
21 | | audited
at least annually by a registered public accountant. |
22 | | The organization
shall file copies of each annual audit with |
23 | | the Racing Board, the Clerk of
the House of Representatives and |
24 | | the Secretary of the Senate, and shall
make copies of each |
25 | | annual audit available to the public upon request
and upon |
26 | | payment of the reasonable cost of photocopying the requested
|
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1 | | number of copies.
|
2 | | The amounts 11 1/2% paid to the breeders in accordance with |
3 | | this subsection
shall be distributed as follows:
|
4 | | (1) 60% of such sum shall be paid to the breeder of the |
5 | | horse which
finishes in the official first position;
|
6 | | (2) 20% of such sum shall be paid to the breeder of the |
7 | | horse which
finishes in the official second position;
|
8 | | (3) 15% of such sum shall be paid to the breeder of the |
9 | | horse which
finishes in the official third position; and
|
10 | | (4) 5% of such sum shall be paid to the breeder of the |
11 | | horse which
finishes in the official fourth position.
|
12 | | Such payments shall not reduce any award to the owners of a |
13 | | horse or
reduce the taxes payable under this Act. Upon |
14 | | completion of its racing meet,
each organization licensee shall |
15 | | deliver to the organization representing
thoroughbred breeders |
16 | | and owners whose representative serves on the Illinois
|
17 | | Thoroughbred Breeders Fund Advisory Board a listing of all the |
18 | | Illinois foaled
and the Illinois conceived and foaled horses |
19 | | which won breeders' awards and the
amount of such breeders' |
20 | | awards in accordance with the provisions of this Act.
Such |
21 | | payments shall be delivered by the organization licensee within |
22 | | 30 days of
the end of each race meeting.
|
23 | | (k) The term "breeder", as used herein, means the owner of |
24 | | the mare at
the time the foal is dropped. An "Illinois foaled |
25 | | horse" is a foal
dropped by a mare which enters this State on |
26 | | or before December 1, in the
year in which the horse is bred,
|
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1 | | provided the mare remains continuously in this State until its |
2 | | foal is born. An
"Illinois
foaled
horse" also means a foal born |
3 | | of a mare in the same year
as the
mare enters this State on or |
4 | | before March 1,
and remains in this State at
least 30
days |
5 | | after foaling, is bred back during the season of the foaling to
|
6 | | an
Illinois Registered Stallion (unless a veterinarian |
7 | | certifies that the mare
should not be bred for health reasons), |
8 | | and is not bred to a stallion
standing in any other state |
9 | | during the season of foaling. An "Illinois
foaled horse" also |
10 | | means a foal born in Illinois of a mare purchased at public
|
11 | | auction
subsequent to the mare entering this State on or before |
12 | | March 1 prior to February 1 of the foaling
year providing the |
13 | | mare is owned solely by one or more Illinois residents or an
|
14 | | Illinois
entity that is entirely owned by one or more Illinois |
15 | | residents.
|
16 | | (l) The Department of Agriculture shall, by rule, with the |
17 | | advice
and assistance of the Illinois Thoroughbred Breeders |
18 | | Fund Advisory
Board:
|
19 | | (1) Qualify stallions for Illinois breeding; such |
20 | | stallions to stand for
service within the State of Illinois |
21 | | at the time of a foal's conception. Such
stallion must not |
22 | | stand for service at any place outside the State of |
23 | | Illinois
during the calendar year in which the foal is |
24 | | conceived.
The Department of Agriculture may assess and |
25 | | collect an application fee of up to $500 fees for the
|
26 | | registration of Illinois-eligible stallions. All fees |
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1 | | collected are to be held in trust accounts for the purposes |
2 | | set forth in this Act and in accordance with Section 205-15 |
3 | | of the Department of Agriculture Law paid
into the Illinois |
4 | | Thoroughbred Breeders Fund .
|
5 | | (2) Provide for the registration of Illinois conceived |
6 | | and foaled
horses and Illinois foaled horses. No such horse |
7 | | shall compete in
the races limited to Illinois conceived |
8 | | and foaled horses or Illinois
foaled horses or both unless |
9 | | registered with the Department of
Agriculture. The |
10 | | Department of Agriculture may prescribe such forms as
are |
11 | | necessary to determine the eligibility of such horses. The |
12 | | Department of
Agriculture may assess and collect |
13 | | application fees for the registration of
Illinois-eligible |
14 | | foals. All fees collected are to be held in trust accounts |
15 | | for the purposes set forth in this Act and in accordance |
16 | | with Section 205-15 of the Department of Agriculture Law |
17 | | paid into the Illinois
Thoroughbred Breeders Fund . No |
18 | | person
shall knowingly prepare or cause preparation of an |
19 | | application for
registration of such foals containing |
20 | | false information.
|
21 | | (m) The Department of Agriculture, with the advice and |
22 | | assistance of
the Illinois Thoroughbred Breeders Fund Advisory |
23 | | Board, shall provide that certain races
limited to Illinois |
24 | | conceived and foaled and Illinois foaled horses be
stakes races |
25 | | and determine the total amount of stakes and awards to be paid
|
26 | | to the owners of the winning horses in such races.
|
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1 | | In determining the stakes races and the amount of awards |
2 | | for such races,
the Department of Agriculture shall consider |
3 | | factors, including but not
limited to, the amount of money |
4 | | appropriated for the Illinois Thoroughbred
Breeders Fund |
5 | | program, organization licensees' contributions,
availability |
6 | | of stakes caliber horses as demonstrated by past performances,
|
7 | | whether the race can be coordinated into the proposed racing |
8 | | dates within
organization licensees' racing dates, opportunity |
9 | | for
colts and fillies
and various age groups to race, public |
10 | | wagering on such races, and the
previous racing schedule.
|
11 | | (n) The Board and the organizational licensee shall
notify |
12 | | the Department of the conditions and minimum purses for races
|
13 | | limited to Illinois conceived and foaled and Illinois foaled |
14 | | horses
conducted for each organizational licensee conducting a |
15 | | thoroughbred racing
meeting. The Department of Agriculture |
16 | | with the advice and assistance of
the Illinois Thoroughbred |
17 | | Breeders Fund Advisory Board may allocate monies
for purse |
18 | | supplements for such races. In determining whether to allocate
|
19 | | money and the amount, the Department of Agriculture shall |
20 | | consider factors,
including but not limited to, the amount of |
21 | | money appropriated for the
Illinois Thoroughbred Breeders Fund |
22 | | program, the number of races that may
occur, and the |
23 | | organizational licensee's purse structure.
|
24 | | (o) (Blank).
|
25 | | (Source: P.A. 98-692, eff. 7-1-14.)
|
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1 | | (230 ILCS 5/30.5)
|
2 | | Sec. 30.5. Illinois Racing Quarter Horse Breeders Fund.
|
3 | | (a) The General Assembly declares that it is the policy of |
4 | | this State to
encourage the breeding of racing quarter horses |
5 | | in this State and the ownership
of such horses by residents of |
6 | | this State in order to provide for sufficient
numbers of high |
7 | | quality racing quarter horses in this State and to establish
|
8 | | and
preserve the agricultural and commercial benefits of such |
9 | | breeding and racing
industries to the State of Illinois. It is |
10 | | the intent of the General Assembly
to
further this policy by |
11 | | the provisions of this Act.
|
12 | | (b) There is hereby created non-appropriated trust a |
13 | | special fund in the State Treasury to be
known as the Illinois |
14 | | Racing Quarter Horse Breeders Fund , which is held separately |
15 | | from State moneys . Except as provided
in
subsection (g) of |
16 | | Section 27 of this Act, 8.5% of all the moneys received by
the
|
17 | | State as pari-mutuel taxes on quarter horse racing shall be |
18 | | paid into the
Illinois
Racing Quarter Horse Breeders Fund. The |
19 | | Illinois Racing Quarter Horse Breeders Fund shall not be |
20 | | subject to administrative charges or chargebacks, including, |
21 | | but not
limited to, those authorized under Section 8h of the |
22 | | State Finance Act.
|
23 | | (c) The Illinois Racing Quarter Horse Breeders Fund shall |
24 | | be administered
by the Department of Agriculture with the |
25 | | advice and assistance of the Advisory
Board created in |
26 | | subsection (d) of this Section.
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1 | | (d) The Illinois Racing Quarter Horse Breeders Fund |
2 | | Advisory Board shall
consist of the Director of the Department |
3 | | of Agriculture, who shall serve as
Chairman; a member of the |
4 | | Illinois Racing Board, designated by it; one
representative of |
5 | | the organization licensees conducting pari-mutuel
quarter |
6 | | horse racing meetings,
recommended by them; 2 representatives |
7 | | of the Illinois Running Quarter Horse
Association, recommended |
8 | | by it; and the Superintendent of Fairs and Promotions
from the |
9 | | Department of Agriculture. Advisory Board members shall serve |
10 | | for 2
years commencing January 1 of each odd numbered year. If |
11 | | representatives have
not
been recommended by January 1 of each |
12 | | odd numbered year, the Director of the
Department of |
13 | | Agriculture may make an appointment for the organization |
14 | | failing
to
so recommend a member of the Advisory Board. |
15 | | Advisory Board members shall
receive
no compensation for their |
16 | | services as members but may be reimbursed for all
actual and |
17 | | necessary expenses and disbursements incurred in the execution |
18 | | of
their official duties.
|
19 | | (e) Moneys in No moneys shall be expended from the Illinois |
20 | | Racing Quarter Horse
Breeders Fund except as appropriated by |
21 | | the General Assembly. Moneys
appropriated
from the Illinois |
22 | | Racing Quarter Horse Breeders Fund shall be expended by the
|
23 | | Department of Agriculture, with the advice and assistance of |
24 | | the Illinois
Racing
Quarter Horse Breeders Fund Advisory Board, |
25 | | for the following purposes only:
|
26 | | (1) To provide stakes and awards to be paid to the
|
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1 | | owners of the winning horses in certain races. This |
2 | | provision
is limited to Illinois conceived and foaled |
3 | | horses.
|
4 | | (2) To provide an award to the owner or owners of an |
5 | | Illinois
conceived and foaled horse that wins a race when |
6 | | pari-mutuel wagering is
conducted; providing the race is |
7 | | not restricted to Illinois conceived and
foaled horses.
|
8 | | (3) To provide purse money for an Illinois stallion |
9 | | stakes program.
|
10 | | (4) To provide for purses to be distributed for the |
11 | | running of races
during the Illinois State Fair and the |
12 | | DuQuoin State Fair exclusively for
quarter horses |
13 | | conceived and foaled in Illinois.
|
14 | | (5) To provide for purses to be distributed for the |
15 | | running of races
at Illinois county fairs exclusively for |
16 | | quarter horses conceived and foaled
in Illinois.
|
17 | | (6) To provide for purses to be distributed for running |
18 | | races
exclusively for quarter horses conceived and foaled |
19 | | in Illinois at locations
in Illinois determined by the |
20 | | Department of Agriculture with advice and
consent of the |
21 | | Illinois Racing Quarter Horse Breeders Fund Advisory |
22 | | Board.
|
23 | | (7) No less than 90% of all moneys appropriated from |
24 | | the Illinois
Racing Quarter Horse Breeders Fund shall be |
25 | | expended for the purposes in
items (1), (2), (3), (4), and |
26 | | (5) of this subsection (e).
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1 | | (8) To provide for research programs concerning the |
2 | | health,
development, and care of racing quarter horses.
|
3 | | (9) To provide for dissemination of public information |
4 | | designed to
promote the breeding of racing quarter horses |
5 | | in Illinois.
|
6 | | (10) To provide for expenses incurred in the |
7 | | administration of the
Illinois Racing Quarter Horse |
8 | | Breeders Fund.
|
9 | | (f) The Department of Agriculture shall, by rule, with the |
10 | | advice and
assistance of the Illinois Racing Quarter Horse |
11 | | Breeders Fund Advisory Board:
|
12 | | (1) Qualify stallions for Illinois breeding; such |
13 | | stallions to stand
for service within the State of |
14 | | Illinois, at the time of a foal's
conception. Such stallion |
15 | | must not stand for service at any place outside
the State |
16 | | of Illinois during the calendar year in which the foal is
|
17 | | conceived. The Department of Agriculture may assess and |
18 | | collect application
fees for the registration of |
19 | | Illinois-eligible stallions. All fees collected
are to be |
20 | | paid into the Illinois Racing Quarter Horse Breeders Fund.
|
21 | | (2) Provide for the registration of Illinois conceived |
22 | | and foaled
horses. No such horse shall compete in the races |
23 | | limited to Illinois
conceived and foaled horses unless it |
24 | | is registered with the Department of
Agriculture. The |
25 | | Department of Agriculture may prescribe such forms as are
|
26 | | necessary to determine the eligibility of such horses. The |
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1 | | Department of
Agriculture may assess and collect |
2 | | application fees for the registration of
Illinois-eligible |
3 | | foals. All fees collected are to be paid into the Illinois
|
4 | | Racing Quarter Horse Breeders Fund. No person shall |
5 | | knowingly prepare or
cause preparation of an application |
6 | | for registration of such foals that
contains false |
7 | | information.
|
8 | | (g) The Department of Agriculture, with the advice and |
9 | | assistance of the
Illinois Racing Quarter Horse Breeders Fund |
10 | | Advisory Board, shall provide that
certain races limited to |
11 | | Illinois conceived and foaled be stakes races and
determine the |
12 | | total amount of stakes and awards to be paid to the owners of |
13 | | the
winning horses in such races.
|
14 | | (Source: P.A. 98-463, eff. 8-16-13.)
|
15 | | (230 ILCS 5/31) (from Ch. 8, par. 37-31)
|
16 | | Sec. 31.
(a) The General Assembly declares that it is the |
17 | | policy of
this State to encourage the breeding of standardbred |
18 | | horses in this
State and the ownership of such horses by |
19 | | residents of this State in
order to provide for: sufficient |
20 | | numbers of high quality standardbred
horses to participate in |
21 | | harness racing meetings in this State, and to
establish and |
22 | | preserve the agricultural and commercial benefits of such
|
23 | | breeding and racing industries to the State of Illinois. It is |
24 | | the
intent of the General Assembly to further this policy by |
25 | | the provisions
of this Section of this Act.
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1 | | (b) Each organization licensee conducting a harness
racing |
2 | | meeting pursuant to this Act shall provide for at least two |
3 | | races each
race program limited to
Illinois conceived and |
4 | | foaled horses. A minimum of 6 races shall be
conducted each |
5 | | week limited to Illinois conceived and foaled horses. No
horses |
6 | | shall be permitted to start in such races unless duly |
7 | | registered
under the rules of the Department of Agriculture.
|
8 | | (b-5) Organization licensees, not including the Illinois |
9 | | State Fair or the DuQuoin State Fair, shall provide stake races |
10 | | and early closer races for Illinois conceived and foaled horses |
11 | | so that purses distributed for such races shall be no less than |
12 | | 17% of total purses distributed for harness racing in that |
13 | | calendar year in addition to any stakes payments and starting |
14 | | fees contributed by horse owners. |
15 | | (b-10) Each organization licensee conducting a harness |
16 | | racing meeting
pursuant to this Act shall provide an owner |
17 | | award to be paid from the purse
account equal to 25% of the |
18 | | amount earned by Illinois conceived and foaled
horses in races |
19 | | that are not restricted to Illinois conceived and foaled
|
20 | | horses. The owner awards shall not be paid on races below the |
21 | | $10,000 claiming class. |
22 | | (c) Conditions of races under subsection (b) shall be |
23 | | commensurate
with past performance, quality and class of |
24 | | Illinois conceived and
foaled horses available. If, however, |
25 | | sufficient competition cannot be
had among horses of that class |
26 | | on any day, the races may, with consent
of the Board, be |
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1 | | eliminated for that day and substitute races provided.
|
2 | | (d) There is hereby created a special fund of the State |
3 | | Treasury to
be known as the Illinois Standardbred Breeders |
4 | | Fund.
|
5 | | During the calendar year 1981, and each year thereafter, |
6 | | except as provided
in subsection (g) of Section 27 of this Act, |
7 | | eight and one-half
per cent of all the monies received by the |
8 | | State as privilege taxes on
harness racing meetings shall be |
9 | | paid into the Illinois Standardbred
Breeders Fund.
|
10 | | (e) The Illinois Standardbred Breeders Fund shall be |
11 | | administered by
the Department of Agriculture with the |
12 | | assistance and advice of the
Advisory Board created in |
13 | | subsection (f) of this Section.
|
14 | | (f) The Illinois Standardbred Breeders Fund Advisory Board |
15 | | is hereby
created. The Advisory Board shall consist of the |
16 | | Director of the
Department of Agriculture, who shall serve as |
17 | | Chairman; the
Superintendent of the Illinois State Fair; a |
18 | | member of the Illinois
Racing Board, designated by it; a |
19 | | representative of the largest association of Illinois |
20 | | standardbred owners and breeders, recommended by it; a
|
21 | | representative of a statewide association representing |
22 | | agricultural fairs in Illinois,
recommended by it, such |
23 | | representative to be from a fair at which
Illinois conceived |
24 | | and foaled racing is conducted; a representative of
the |
25 | | organization licensees conducting harness racing
meetings, |
26 | | recommended by them; a representative of the Breeder's |
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1 | | Committee of the association representing the largest number of |
2 | | standardbred owners, breeders, trainers, caretakers, and |
3 | | drivers, recommended by it;
and a representative of the |
4 | | association representing the largest number of standardbred |
5 | | owners, breeders, trainers, caretakers, and drivers,
|
6 | | recommended by it. Advisory Board members shall serve for 2 |
7 | | years
commencing January 1 of each odd numbered year. If |
8 | | representatives of
the largest association of Illinois |
9 | | standardbred owners and breeders, a statewide association of |
10 | | agricultural fairs in Illinois, the association representing |
11 | | the largest number of standardbred owners, breeders, trainers, |
12 | | caretakers, and drivers, a member of the Breeder's Committee of |
13 | | the association representing the largest number of |
14 | | standardbred owners, breeders, trainers, caretakers, and |
15 | | drivers, and the organization licensees conducting
harness |
16 | | racing meetings
have not been recommended by January 1 of each |
17 | | odd numbered year, the
Director of the Department of |
18 | | Agriculture shall make an appointment for
the organization |
19 | | failing to so recommend a member of the Advisory Board.
|
20 | | Advisory Board members shall receive no compensation for their |
21 | | services
as members but shall be reimbursed for all actual and |
22 | | necessary expenses
and disbursements incurred in the execution |
23 | | of their official duties.
|
24 | | (g) No monies shall be expended from the Illinois |
25 | | Standardbred
Breeders Fund except as appropriated by the |
26 | | General Assembly. Monies
appropriated from the Illinois |
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1 | | Standardbred Breeders Fund shall be
expended by the Department |
2 | | of Agriculture, with the assistance and
advice of the Illinois |
3 | | Standardbred Breeders Fund Advisory Board for the
following |
4 | | purposes only:
|
5 | | 1. To provide purses for races limited to Illinois |
6 | | conceived and
foaled horses at the State Fair and the |
7 | | DuQuoin State Fair .
|
8 | | 2. To provide purses for races limited to Illinois |
9 | | conceived and
foaled horses at county fairs.
|
10 | | 3. To provide purse supplements for races limited to |
11 | | Illinois
conceived and foaled horses conducted by |
12 | | associations conducting harness
racing meetings.
|
13 | | 4. No less than 75% of all monies in the Illinois |
14 | | Standardbred
Breeders Fund shall be expended for purses in |
15 | | 1, 2 and 3 as shown above.
|
16 | | 5. In the discretion of the Department of Agriculture |
17 | | to provide
awards to harness breeders of Illinois conceived |
18 | | and foaled horses which
win races conducted by organization |
19 | | licensees
conducting harness racing meetings.
A breeder is |
20 | | the owner of a mare at the time of conception. No more
than |
21 | | 10% of all monies appropriated from the Illinois
|
22 | | Standardbred Breeders Fund shall
be expended for such |
23 | | harness breeders awards. No more than 25% of the
amount |
24 | | expended for harness breeders awards shall be expended for
|
25 | | expenses incurred in the administration of such harness |
26 | | breeders awards.
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1 | | 6. To pay for the improvement of racing facilities |
2 | | located at the
State Fair and County fairs.
|
3 | | 7. To pay the expenses incurred in the administration |
4 | | of the
Illinois Standardbred Breeders Fund.
|
5 | | 8. To promote the sport of harness racing , including |
6 | | grants up to a
maximum of $7,500 per fair per year for |
7 | | conducting pari-mutuel wagering during the advertised |
8 | | dates of a
county fair .
|
9 | | 9. To pay up to $50,000 annually for the Department of |
10 | | Agriculture to conduct drug testing at county fairs racing |
11 | | standardbred horses. |
12 | | 10. To pay up to $100,000 annually for distribution to |
13 | | Illinois county fairs to supplement premiums offered in |
14 | | junior classes. |
15 | | 11. To pay up to $100,000 annually for division and |
16 | | equal distribution to the animal sciences department of |
17 | | each Illinois public university system engaged in equine |
18 | | research and education on or before the effective date of |
19 | | this amendatory Act of the 100th General Assembly for |
20 | | equine research and education. |
21 | | (h) (Blank) Whenever the Governor finds that the amount in |
22 | | the Illinois
Standardbred Breeders Fund is more than the total |
23 | | of the outstanding
appropriations from such fund, the Governor |
24 | | shall notify the State
Comptroller and the State Treasurer of |
25 | | such fact. The Comptroller and
the State Treasurer, upon |
26 | | receipt of such notification, shall transfer
such excess amount |
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1 | | from the Illinois Standardbred Breeders Fund to the
General |
2 | | Revenue Fund .
|
3 | | (i) A sum equal to 13% 12 1/2% of the first prize money of |
4 | | the gross every purse
won by an Illinois conceived and foaled |
5 | | horse shall be paid 50% by the
organization licensee conducting |
6 | | the horse race meeting to the breeder
of such winning horse |
7 | | from the organization licensee's account and 50% from the purse |
8 | | account of the licensee share of the
money wagered .
Such |
9 | | payment
shall not reduce any award to the owner of
the horse or |
10 | | reduce the taxes payable under this Act. Such payment
shall be |
11 | | delivered by the organization licensee at the end of each |
12 | | quarter race
meeting .
|
13 | | (j) The Department of Agriculture shall, by rule, with the
|
14 | | assistance and advice of the Illinois Standardbred Breeders |
15 | | Fund
Advisory Board:
|
16 | | 1. Qualify stallions for Illinois Standardbred |
17 | | Breeders Fund breeding ; such stallion
shall be owned by a |
18 | | resident of the State of Illinois or by an Illinois
|
19 | | corporation all of whose shareholders, directors, officers |
20 | | and
incorporators are residents of the State of Illinois . |
21 | | Such stallion shall
stand for
service at and within the |
22 | | State of Illinois at the time of a foal's
conception, and |
23 | | such stallion must not stand for service at any place , nor
|
24 | | may semen from such stallion be transported,
outside the |
25 | | State of Illinois during that calendar year in which the
|
26 | | foal is conceived and that the owner of the stallion was |
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1 | | for the
12
months prior, a resident of Illinois . Foals |
2 | | conceived outside the State of Illinois from shipped semen |
3 | | from a
stallion qualified for breeders' awards under this |
4 | | Section are
not eligible to participate in the Illinois |
5 | | conceived and foaled program.
The articles of agreement of |
6 | | any partnership, joint venture, limited
partnership, |
7 | | syndicate, association or corporation and any bylaws and |
8 | | stock
certificates must contain a restriction that |
9 | | provides that the ownership or
transfer of interest by any |
10 | | one of the persons a party to the agreement can
only be |
11 | | made to a person who qualifies as an Illinois resident.
|
12 | | 2. Provide for the registration of Illinois conceived |
13 | | and foaled
horses and no such horse shall compete in the |
14 | | races limited to Illinois
conceived and foaled horses |
15 | | unless registered with the Department of
Agriculture. The |
16 | | Department of Agriculture may prescribe such forms as
may |
17 | | be necessary to determine the eligibility of such horses. |
18 | | No person
shall knowingly prepare or cause preparation of |
19 | | an application for
registration of such foals containing |
20 | | false information.
A mare (dam) must be in the state at |
21 | | least 180 30 days prior to foaling or
remain in the State |
22 | | at least 30 days at the time of foaling.
Beginning with the |
23 | | 1996 breeding season and for foals of 1997 and thereafter,
|
24 | | a foal conceived in the State of Illinois by transported |
25 | | fresh semen may be eligible for Illinois
conceived and |
26 | | foaled registration provided all breeding and foaling
|
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1 | | requirements are met. The stallion must be qualified for |
2 | | Illinois Standardbred
Breeders Fund breeding at the time of |
3 | | conception and the mare must be
inseminated within the |
4 | | State of Illinois. The foal must be dropped in Illinois
and |
5 | | properly registered with the Department of Agriculture in |
6 | | accordance with
this Act.
|
7 | | 3. Provide that at least a 5 day racing program shall |
8 | | be conducted
at the State Fair each year, which program |
9 | | shall include at least the
following races limited to |
10 | | Illinois conceived and foaled horses: (a) a
two year old |
11 | | Trot and Pace, and Filly Division of each; (b) a three
year |
12 | | old Trot and Pace, and Filly Division of each; (c) an aged |
13 | | Trot and Pace,
and Mare Division of each.
|
14 | | 4. Provide for the payment of nominating, sustaining |
15 | | and starting
fees for races promoting the sport of harness |
16 | | racing and for the races
to be conducted at the State Fair |
17 | | as provided in
subsection (j) 3 of this Section provided |
18 | | that the nominating,
sustaining and starting payment |
19 | | required from an entrant shall not
exceed 2% of the purse |
20 | | of such race. All nominating, sustaining and
starting |
21 | | payments shall be held for the benefit of entrants and |
22 | | shall be
paid out as part of the respective purses for such |
23 | | races.
Nominating, sustaining and starting fees shall be |
24 | | held in trust accounts
for the purposes as set forth in |
25 | | this Act and in accordance with Section
205-15 of the |
26 | | Department of Agriculture Law (20 ILCS
205/205-15).
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1 | | 5. Provide for the registration with the Department of |
2 | | Agriculture
of Colt Associations or county fairs desiring |
3 | | to sponsor races at county
fairs.
|
4 | | 6. Provide for the promotion of producing standardbred |
5 | | racehorses by providing a bonus award program for owners of |
6 | | 2-year-old horses that win multiple major stakes races that |
7 | | are limited to Illinois conceived and foaled horses. |
8 | | (k) The Department of Agriculture, with the advice and |
9 | | assistance of the
Illinois
Standardbred Breeders Fund Advisory |
10 | | Board, may allocate monies for purse
supplements for such |
11 | | races. In determining whether to allocate money and
the amount, |
12 | | the Department
of Agriculture shall consider factors, |
13 | | including but not limited to, the
amount of money appropriated |
14 | | for the Illinois Standardbred Breeders Fund
program, the number |
15 | | of races that may occur, and an organizational
licensee's purse |
16 | | structure. The organizational licensee shall notify the
|
17 | | Department of Agriculture of the conditions and minimum purses |
18 | | for races
limited to Illinois conceived and foaled horses to be |
19 | | conducted by each
organizational licensee conducting a harness |
20 | | racing meeting for which purse
supplements have been |
21 | | negotiated.
|
22 | | (l) All races held at county fairs and the State Fair which |
23 | | receive funds
from the Illinois Standardbred Breeders Fund |
24 | | shall be conducted in
accordance with the rules of the United |
25 | | States Trotting Association unless
otherwise modified by the |
26 | | Department of Agriculture.
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1 | | (m) At all standardbred race meetings held or conducted |
2 | | under authority of a
license granted by the Board, and at all |
3 | | standardbred races held at county
fairs which are approved by |
4 | | the Department of Agriculture or at the
Illinois or DuQuoin |
5 | | State Fairs, no one shall jog, train, warm up or drive
a |
6 | | standardbred horse unless he or she is wearing a protective |
7 | | safety helmet,
with the
chin strap fastened and in place, which |
8 | | meets the standards and
requirements as set forth in the 1984 |
9 | | Standard for Protective Headgear for
Use in Harness Racing and |
10 | | Other Equestrian Sports published by the Snell
Memorial |
11 | | Foundation, or any standards and requirements for headgear the
|
12 | | Illinois Racing Board may approve. Any other standards and |
13 | | requirements so
approved by the Board shall equal or exceed |
14 | | those published by the Snell
Memorial Foundation. Any |
15 | | equestrian helmet bearing the Snell label shall
be deemed to |
16 | | have met those standards and requirements.
|
17 | | (Source: P.A. 99-756, eff. 8-12-16.)
|
18 | | (230 ILCS 5/32.1)
|
19 | | Sec. 32.1. Pari-mutuel tax credit; statewide racetrack |
20 | | real estate
equalization. |
21 | | (a) In order to encourage new investment in Illinois |
22 | | racetrack facilities and
mitigate differing real estate tax |
23 | | burdens among all racetracks, the licensees
affiliated or |
24 | | associated with each racetrack that has been awarded live |
25 | | racing
dates in the current year shall receive an immediate |
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1 | | pari-mutuel tax credit in
an amount equal to the greater of (i) |
2 | | 50% of the amount of the real estate
taxes paid in the prior |
3 | | year attributable to that racetrack, or (ii) the amount
by |
4 | | which the real estate taxes paid in the prior year attributable |
5 | | to that
racetrack exceeds 60% of the average real estate taxes |
6 | | paid in the prior year
for all racetracks awarded live horse |
7 | | racing meets in the current year.
|
8 | | Each year, regardless of whether the organization licensee |
9 | | conducted live
racing in the year of certification, the
Board |
10 | | shall certify in writing, prior to December 31, the real
estate |
11 | | taxes paid in that year for each racetrack and the amount of |
12 | | the
pari-mutuel tax credit that each organization licensee, |
13 | | inter-track intertrack wagering
licensee, and inter-track |
14 | | intertrack wagering location licensee that derives its license
|
15 | | from such racetrack is entitled in the succeeding calendar |
16 | | year. The real
estate taxes considered under this Section
for |
17 | | any racetrack shall be those taxes on the real estate parcels |
18 | | and related
facilities used to conduct a horse race meeting and |
19 | | inter-track wagering at
such
racetrack under this Act.
In no |
20 | | event shall the amount of the tax credit under this Section |
21 | | exceed the
amount of pari-mutuel taxes otherwise calculated |
22 | | under this Act.
The amount of the tax credit under this Section
|
23 | | shall be retained by each licensee and shall not be subject to |
24 | | any reallocation
or further distribution under this Act. The |
25 | | Board may promulgate emergency
rules to implement this Section.
|
26 | | (b) After the end of the 7-year period beginning on January |
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1 | | 1 of the calendar year immediately following the effective date |
2 | | of this amendatory Act of the 100th General Assembly, the |
3 | | organization licensee shall be ineligible to receive a tax |
4 | | credit under this Section. |
5 | | (Source: P.A. 91-40, eff. 6-25-99; revised 9-2-16.)
|
6 | | (230 ILCS 5/34.3 new) |
7 | | Sec. 34.3. Drug testing. The Illinois Racing Board and the |
8 | | Department of Agriculture shall jointly establish a program for |
9 | | the purpose of conducting drug testing of horses at county |
10 | | fairs and shall adopt any rules necessary for enforcement of |
11 | | the program. The rules shall include appropriate penalties for |
12 | | violations.
|
13 | | (230 ILCS 5/36)
(from Ch. 8, par. 37-36)
|
14 | | Sec. 36. (a) Whoever administers or conspires to administer |
15 | | to
any horse a hypnotic, narcotic, stimulant, depressant or any |
16 | | chemical
substance which may affect the speed of a horse at any |
17 | | time in any race
where the purse or any part of the purse is |
18 | | made of money authorized by any
Section of this Act , except |
19 | | those chemical substances permitted by ruling of
the Board, |
20 | | internally, externally or by hypodermic method in a race or |
21 | | prior
thereto, or whoever knowingly enters a horse in any race |
22 | | within a period of 24
hours after any hypnotic, narcotic, |
23 | | stimulant, depressant or any other chemical
substance which may |
24 | | affect the speed of a horse at any time, except those
chemical |
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1 | | substances permitted by ruling of the Board, has been |
2 | | administered to
such horse either internally or externally or |
3 | | by hypodermic method for the
purpose of increasing or retarding |
4 | | the speed of such horse shall be guilty of a
Class 4 felony. |
5 | | The Board shall suspend or revoke such violator's license.
|
6 | | (b) The term "hypnotic" as used in this Section includes |
7 | | all barbituric
acid preparations and derivatives.
|
8 | | (c) The term "narcotic" as used in this Section includes |
9 | | opium and
all its alkaloids, salts, preparations and |
10 | | derivatives, cocaine
and all its salts, preparations and |
11 | | derivatives and substitutes.
|
12 | | (d) The provisions of this Section 36 and the treatment |
13 | | authorized herein
apply to horses entered in and competing in |
14 | | race meetings as defined in
Section 3.07 of this Act and to |
15 | | horses entered in and competing at any county
fair.
|
16 | | (Source: P.A. 79-1185.)
|
17 | | (230 ILCS 5/40) (from Ch. 8, par. 37-40)
|
18 | | Sec. 40.
(a) The imposition of any fine or penalty provided |
19 | | in this Act
shall not preclude the Board in its rules and |
20 | | regulations from imposing a
fine or penalty for any other |
21 | | action which, in the Board's discretion, is a
detriment or |
22 | | impediment to horse racing.
|
23 | | (b) The Director of Agriculture or his or her authorized |
24 | | representative
shall impose the following monetary penalties |
25 | | and hold administrative
hearings as required for failure to |
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1 | | submit the following applications,
lists, or reports within the |
2 | | time period, date or manner required by
statute or rule or for |
3 | | removing a foal from Illinois prior to inspection:
|
4 | | (1) late filing of a renewal application for offering |
5 | | or standing
stallion for service:
|
6 | | (A) if an application is submitted no more than 30 |
7 | | days late, $50;
|
8 | | (B) if an application is submitted no more than 45 |
9 | | days late, $150; or
|
10 | | (C) if an application is submitted more than 45 |
11 | | days late, if filing
of the application is allowed |
12 | | under an administrative hearing, $250;
|
13 | | (2) late filing of list or report of mares bred:
|
14 | | (A) if a list or report is submitted no more than |
15 | | 30 days late, $50;
|
16 | | (B) if a list or report is submitted no more than |
17 | | 60 days late , $150; or
|
18 | | (C) if a list or report is submitted more than 60 |
19 | | days late, if filing
of the list or report is allowed |
20 | | under an administrative hearing, $250;
|
21 | | (3) filing an Illinois foaled thoroughbred mare status |
22 | | report after the statutory deadline as provided in |
23 | | subsection (k) of Section 30 of this Act
December 31 :
|
24 | | (A) if a report is submitted no more than 30 days |
25 | | late, $50;
|
26 | | (B) if a report is submitted no more than 90 days |
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1 | | late, $150;
|
2 | | (C) if a report is submitted no more than 150 days |
3 | | late, $250; or
|
4 | | (D) if a report is submitted more than 150 days |
5 | | late, if filing of
the report is allowed under an |
6 | | administrative hearing, $500;
|
7 | | (4) late filing of application for foal eligibility |
8 | | certificate:
|
9 | | (A) if an application is submitted no more than 30 |
10 | | days late, $50;
|
11 | | (B) if an application is submitted no more than 90 |
12 | | days late, $150;
|
13 | | (C) if an application is submitted no more than 150 |
14 | | days late, $250; or
|
15 | | (D) if an application is submitted more than 150 |
16 | | days late, if
filing of the application is allowed |
17 | | under an administrative hearing, $500;
|
18 | | (5) failure to report the intent to remove a foal from |
19 | | Illinois prior
to inspection, identification and |
20 | | certification by a Department of
Agriculture investigator, |
21 | | $50; and
|
22 | | (6) if a list or report of mares bred is incomplete, |
23 | | $50 per mare not
included on the list or report.
|
24 | | Any person upon whom monetary penalties are imposed under |
25 | | this Section 3
times within a 5-year 5 year period shall have |
26 | | any further monetary penalties
imposed at double the amounts |
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1 | | set forth above. All monies assessed and
collected for |
2 | | violations relating to thoroughbreds shall be paid into the
|
3 | | Illinois Thoroughbred Breeders Fund. All monies assessed and |
4 | | collected for
violations relating to standardbreds shall be |
5 | | paid into the Illinois Standardbred
Breeders Fund.
|
6 | | (Source: P.A. 99-933, eff. 1-27-17.)
|
7 | | (230 ILCS 5/54.75)
|
8 | | Sec. 54.75. Horse Racing Equity Trust Fund. |
9 | | (a) There is created a Fund to be known as the Horse
Racing
|
10 | | Equity Trust Fund, which is a non-appropriated trust fund held |
11 | | separate and apart from State moneys. The Fund shall consist of |
12 | | moneys paid into it by owners licensees under
the Illinois |
13 | | Riverboat Gambling Act for the purposes described in this |
14 | | Section. The Fund shall
be administered
by the Board. Moneys in |
15 | | the Fund shall be distributed as directed and certified by the |
16 | | Board in accordance with the provisions of subsection (b). |
17 | | (b) The moneys deposited into the Fund, plus any accrued |
18 | | interest on those moneys, shall be distributed
within 10 days |
19 | | after those moneys are deposited into the Fund as follows: |
20 | | (1) Sixty percent of all moneys distributed under this |
21 | | subsection shall be
distributed to organization licensees |
22 | | to be distributed at their race
meetings as purses. |
23 | | Fifty-seven percent of the amount distributed under this
|
24 | | paragraph (1) shall be distributed for thoroughbred race |
25 | | meetings and
43% shall be distributed for standardbred race |
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1 | | meetings. Within each
breed, moneys shall be allocated to |
2 | | each organization licensee's purse
fund in accordance with |
3 | | the ratio between the purses generated for that
breed by |
4 | | that licensee during the prior calendar year and the total |
5 | | purses
generated throughout the State for that breed during |
6 | | the prior calendar
year by licensees in the current |
7 | | calendar year. |
8 | | (2) The remaining 40% of the moneys distributed under |
9 | | this
subsection (b) shall be distributed as follows: |
10 | | (A) 11% shall be distributed to any person (or its |
11 | | successors or assigns) who had operating control of a |
12 | | racetrack that conducted live racing in 2002 at a |
13 | | racetrack in a
county with at least 230,000 inhabitants |
14 | | that borders the Mississippi River and is a licensee in |
15 | | the current year; and |
16 | | (B) the remaining 89% shall be distributed pro rata
|
17 | | according to the aggregate
proportion of total handle |
18 | | from wagering on live races conducted in Illinois |
19 | | (irrespective of where the wagers are placed) for |
20 | | calendar years 2004 and 2005
to any person (or its
|
21 | | successors or assigns) who (i) had
majority operating |
22 | | control of a racing facility at which live racing was |
23 | | conducted in
calendar year 2002, (ii) is a licensee in |
24 | | the current
year, and (iii) is not eligible to receive |
25 | | moneys under subparagraph (A) of this paragraph (2). |
26 | | The moneys received by an organization licensee |
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1 | | under this paragraph (2) shall be used by each |
2 | | organization licensee to improve, maintain, market, |
3 | | and otherwise operate its racing facilities to conduct |
4 | | live racing, which shall include backstretch services |
5 | | and capital improvements related to live racing and the |
6 | | backstretch. Any organization licensees sharing common |
7 | | ownership may pool the moneys received and spent at all |
8 | | racing facilities commonly owned in order to meet these |
9 | | requirements. |
10 | | If any person identified in this paragraph (2) becomes
|
11 | | ineligible to receive moneys from the Fund, such amount |
12 | | shall be redistributed
among the remaining persons in |
13 | | proportion to their percentages otherwise
calculated. |
14 | | (c) The Board shall monitor organization licensees to |
15 | | ensure that moneys paid to organization licensees under this |
16 | | Section are distributed by the organization licensees as |
17 | | provided in subsection (b).
|
18 | | (Source: P.A. 95-1008, eff. 12-15-08.) |
19 | | (230 ILCS 5/56 new) |
20 | | Sec. 56. Electronic gaming. |
21 | | (a) A person, firm, corporation, or limited liability |
22 | | company having operating control of a race track may apply to |
23 | | the Gaming Board for an electronic gaming license. An |
24 | | electronic gaming license shall authorize its holder to conduct |
25 | | electronic gaming on the grounds of the race track controlled |
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1 | | by the licensee's race track. Only one electronic gaming |
2 | | license may be awarded for any race track. A holder of an |
3 | | electronic gaming license shall be subject to the Illinois |
4 | | Gambling Act and rules of the Illinois Gaming Board concerning |
5 | | electronic gaming. If the person, firm, corporation, or limited |
6 | | liability company having operating control of a race track is |
7 | | found by the Illinois Gaming Board to be unsuitable for an |
8 | | electronic gaming license under the Illinois Gambling Act and |
9 | | rules of the Gaming Board, that person, firm, corporation, or |
10 | | limited liability company shall not be granted an electronic |
11 | | gaming license. Each license shall specify the number of gaming |
12 | | positions that its holder may operate. |
13 | | An electronic gaming licensee may not permit persons under |
14 | | 21 years of age to be present in its electronic gaming |
15 | | facility, but the licensee may accept wagers on live racing and |
16 | | inter-track wagers at its electronic gaming facility. |
17 | | (b) For purposes of this subsection, "adjusted gross |
18 | | receipts" means an electronic gaming licensee's gross receipts |
19 | | less winnings paid to wagerers and shall also include any |
20 | | amounts that would otherwise be deducted pursuant to subsection |
21 | | (a-9) of Section 13 of the Illinois Gambling Act. The adjusted |
22 | | gross receipts by an electronic gaming licensee from electronic |
23 | | gaming remaining after the payment of taxes under Section 13 of |
24 | | the Illinois Gambling Act shall be distributed as follows: |
25 | | (1) Amounts shall be paid to the purse account at the |
26 | | track at which the organization licensee is conducting |
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1 | | racing equal to the following: |
2 | | 12.75% of annual adjusted gross receipts up to and |
3 | | including $75,000,000; |
4 | | 20% of annual adjusted gross receipts in excess of |
5 | | $75,000,000 but not exceeding $100,000,000; |
6 | | 26.5% of annual adjusted gross receipts in excess |
7 | | of $100,000,000 but not exceeding $125,000,000; and |
8 | | 20.5% of annual adjusted gross receipts in excess |
9 | | of $125,000,000. |
10 | | (2) The remainder shall be retained by the electronic |
11 | | gaming licensee. |
12 | | (c) Electronic gaming receipts placed into the purse |
13 | | account of an organization licensee racing thoroughbred horses |
14 | | shall be used for purses, for health care services or worker's |
15 | | compensation for racing industry workers, for equine research, |
16 | | for programs to care for and transition injured and retired |
17 | | thoroughbred horses that race at the race track, or for horse |
18 | | ownership promotion, in accordance with the agreement of the |
19 | | horsemen's association representing the largest number of |
20 | | owners and trainers who race at that organization licensee's |
21 | | race meetings. |
22 | | Annually, from the purse account of an organization |
23 | | licensee racing thoroughbred horses in this State, except for |
24 | | in Madison County, an amount equal to 12% of the electronic |
25 | | gaming receipts placed into the purse accounts shall be paid to |
26 | | the Illinois Thoroughbred Breeders Fund and shall be used for |
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1 | | owner awards; a stallion program pursuant to paragraph (3) of |
2 | | subsection (g) of Section 30 of this Act; and Illinois |
3 | | conceived and foaled stakes races pursuant to paragraph (2) of |
4 | | subsection (g) of Section 30 of this Act, as specifically |
5 | | designated by the horsemen's association representing the |
6 | | largest number of owners and trainers who race at the |
7 | | organization licensee's race meetings. |
8 | | Annually, from the purse account of an organization |
9 | | licensee racing thoroughbred horses in Madison County, an |
10 | | amount equal to 10% of the electronic gaming receipts placed |
11 | | into the purse accounts shall be paid to the Illinois |
12 | | Thoroughbred Breeders Fund and shall be used for owner awards; |
13 | | a stallion program pursuant to paragraph (3) of subsection (g) |
14 | | of Section 30 of this Act; and Illinois conceived and foaled |
15 | | stakes races pursuant to paragraph (2) of subsection (g) of |
16 | | Section 30 of this Act, as specifically designated by the |
17 | | horsemen's association representing the largest number of |
18 | | owners and trainers who race at the organization licensee's |
19 | | race meetings. |
20 | | Annually, from the purse account of an organization |
21 | | licensee conducting thoroughbred races at a race track in |
22 | | Madison County, an amount equal to 1% of the electronic gaming |
23 | | receipts distributed to purses per subsection (b) of this |
24 | | Section 56 shall be paid as follows: 0.33 1/3% to Southern |
25 | | Illinois University Department of Animal Sciences for equine |
26 | | research and education, an amount equal to 0.33 1/3% of the |
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1 | | electronic gaming receipts shall be used to operate laundry |
2 | | facilities or a kitchen for backstretch workers at that race |
3 | | track, and an amount equal to 0.33 1/3% of the electronic |
4 | | gaming receipts shall be paid to R.A.C.E., Inc., a 501(c)(3) |
5 | | non-profit organization that cares for injured and unwanted |
6 | | horses that race at that race track. |
7 | | Annually, from the purse account of organization licensees |
8 | | conducting thoroughbred races at race tracks in Cook County, |
9 | | $100,000 shall be paid for division and equal distribution to |
10 | | the animal sciences department of each Illinois public |
11 | | university system engaged in equine research and education on |
12 | | or before the effective date of this amendatory Act of the |
13 | | 100th General Assembly for equine research and education. |
14 | | (d) Annually, from the purse account of an organization |
15 | | licensee racing standardbred horses, an amount equal to 15% of |
16 | | the electronic gaming receipts placed into that purse account |
17 | | shall be paid to the Illinois Colt Stakes Purse Distribution |
18 | | Fund. Moneys deposited into the Illinois Colt Stakes Purse |
19 | | Distribution Fund shall be used for standardbred racing as |
20 | | authorized in paragraphs 1, 2, 3, 8, 9, 10, and 11 of |
21 | | subsection (g) of Section 31 of this Act and for bonus awards |
22 | | as authorized under paragraph 6 of subsection (j) of Section 31 |
23 | | of this Act. |
24 | | Section 90-40. The Riverboat Gambling Act is amended by |
25 | | changing Sections 1, 2, 3, 4, 5, 5.1, 6, 7, 7.3, 7.5, 8, 9, 11, |
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1 | | 11.1, 12, 13, 14, 15, 16, 17, 17.1, 18, 18.1, 19, 20, 21, 23, |
2 | | and 24 and by adding Sections 5.3, 7.7, 7.8, 7.9, 7.10, 7.11, |
3 | | 7.12, and 7.13 as follows:
|
4 | | (230 ILCS 10/1) (from Ch. 120, par. 2401)
|
5 | | Sec. 1. Short title. This Act shall be known and may be |
6 | | cited as the
Illinois Riverboat Gambling Act.
|
7 | | (Source: P.A. 86-1029.)
|
8 | | (230 ILCS 10/2) (from Ch. 120, par. 2402)
|
9 | | Sec. 2. Legislative Intent.
|
10 | | (a) This Act is intended to benefit the
people of the State |
11 | | of Illinois
by assisting economic development , and promoting |
12 | | Illinois tourism ,
and by increasing the amount of revenues |
13 | | available to the State to assist and
support education , and to |
14 | | defray State expenses, including unpaid bills .
|
15 | | (b) While authorization of riverboat and casino gambling |
16 | | will enhance investment,
beautification, development and |
17 | | tourism in Illinois, it is recognized that it will do so
|
18 | | successfully only if public confidence and trust in the |
19 | | credibility and
integrity of the gambling operations and the |
20 | | regulatory process is
maintained. Therefore, regulatory |
21 | | provisions of this Act are designed to
strictly regulate the |
22 | | facilities, persons, associations and practices
related to |
23 | | gambling operations pursuant to the police powers of the State,
|
24 | | including comprehensive law enforcement supervision.
|
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1 | | (c) The Illinois Gaming Board established under this Act |
2 | | should, as soon
as possible, inform each applicant for an |
3 | | owners license of the Board's
intent to grant or deny a |
4 | | license.
|
5 | | (Source: P.A. 93-28, eff. 6-20-03.)
|
6 | | (230 ILCS 10/3) (from Ch. 120, par. 2403)
|
7 | | Sec. 3. Riverboat Gambling Authorized.
|
8 | | (a) Riverboat and casino gambling
operations and |
9 | | electronic gaming operations and the system of wagering
|
10 | | incorporated therein , as defined in this Act, are hereby |
11 | | authorized to the
extent that they are carried out in |
12 | | accordance with the provisions of this
Act.
|
13 | | (b) This Act does not apply to the pari-mutuel system of |
14 | | wagering used
or intended to be used in connection with the |
15 | | horse-race meetings as
authorized under the Illinois Horse |
16 | | Racing Act of 1975, lottery games
authorized under the Illinois |
17 | | Lottery Law, bingo authorized under the Bingo
License and Tax |
18 | | Act, charitable games authorized under the Charitable Games
Act |
19 | | or pull tabs and jar games conducted under the Illinois Pull |
20 | | Tabs and Jar
Games Act. This Act applies to electronic gaming |
21 | | authorized under the Illinois Horse Racing Act of 1975 to the |
22 | | extent provided in that Act and in this Act.
|
23 | | (c) Riverboat gambling conducted pursuant to this Act may |
24 | | be authorized
upon any water within the State of Illinois or |
25 | | any
water other than Lake Michigan which constitutes a boundary |
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1 | | of the State
of Illinois.
Notwithstanding any provision in this |
2 | | subsection (c) to the contrary, a
licensee that receives its |
3 | | license pursuant to subsection (e-5) of Section 7
may
conduct |
4 | | riverboat gambling on Lake Michigan from a home dock located on |
5 | | Lake
Michigan subject to any limitations contained in Section |
6 | | 7. Notwithstanding any provision in this subsection (c) to the |
7 | | contrary, a licensee may conduct gambling at its home dock |
8 | | facility as provided in Sections 7 and 11. A licensee may |
9 | | conduct riverboat gambling authorized under this Act
|
10 | | regardless of whether it conducts excursion cruises. A licensee |
11 | | may permit
the continuous ingress and egress of passengers for |
12 | | the purpose of
gambling.
|
13 | | (d) Gambling that is conducted in accordance with this Act |
14 | | using slot machines and video games of chance and other |
15 | | electronic gambling games as defined in both this Act and the |
16 | | Illinois Horse Racing Act of 1975 is authorized. |
17 | | (Source: P.A. 91-40, eff. 6-25-99.)
|
18 | | (230 ILCS 10/4) (from Ch. 120, par. 2404)
|
19 | | Sec. 4. Definitions. As used in this Act:
|
20 | | (a) "Board" means the Illinois Gaming Board.
|
21 | | (b) "Occupational license" means a license issued by the |
22 | | Board to a
person or entity to perform an occupation which the |
23 | | Board has identified as
requiring a license to engage in |
24 | | riverboat gambling , casino gambling, or electronic gaming in |
25 | | Illinois.
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1 | | (c) "Gambling game" includes, but is not limited to, |
2 | | baccarat,
twenty-one, poker, craps, slot machine, video game of |
3 | | chance, roulette
wheel, klondike table, punchboard, faro |
4 | | layout, keno layout, numbers
ticket, push card, jar ticket, or |
5 | | pull tab which is authorized by the Board
as a wagering device |
6 | | under this Act.
|
7 | | (d) "Riverboat" means a self-propelled excursion boat, a
|
8 | | permanently moored barge, or permanently moored barges that are |
9 | | permanently
fixed together to operate as one vessel, on which |
10 | | lawful gambling is
authorized and licensed as
provided in this |
11 | | Act.
|
12 | | "Slot machine" means any mechanical, electrical, or other |
13 | | device, contrivance, or machine that is authorized by the Board |
14 | | as a wagering device under this Act which, upon insertion of a |
15 | | coin, currency, token, or similar object therein, or upon |
16 | | payment of any consideration whatsoever, is available to play |
17 | | or operate, the play or operation of which may deliver or |
18 | | entitle the person playing or operating the machine to receive |
19 | | cash, premiums, merchandise, tokens, or anything of value |
20 | | whatsoever, whether the payoff is made automatically from the |
21 | | machine or in any other manner whatsoever. A slot machine: |
22 | | (1) may utilize spinning reels or video displays or |
23 | | both; |
24 | | (2) may or may not dispense coins, tickets, or tokens |
25 | | to winning patrons; |
26 | | (3) may use an electronic credit system for receiving |
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1 | | wagers and making payouts; and |
2 | | (4) may simulate a table game. |
3 | | "Slot machine" does not include table games authorized by |
4 | | the Board as a wagering device under this Act. |
5 | | (e) "Managers license" means a license issued by the Board |
6 | | to a person or
entity
to manage gambling operations conducted |
7 | | by the State pursuant to Section 7.3.
|
8 | | (f) "Dock" means the location where a riverboat moors for |
9 | | the purpose of
embarking passengers for and disembarking |
10 | | passengers from the riverboat.
|
11 | | (g) "Gross receipts" means the total amount of money |
12 | | exchanged for the
purchase of chips, tokens , or electronic |
13 | | cards by riverboat patrons.
|
14 | | (h) "Adjusted gross receipts" means the gross receipts less
|
15 | | winnings paid to wagerers.
|
16 | | (i) "Cheat" means to alter the selection of criteria which |
17 | | determine the
result of a gambling game or the amount or |
18 | | frequency of payment in a gambling
game.
|
19 | | (j) (Blank).
|
20 | | (k) "Gambling operation" means the conduct of authorized |
21 | | gambling games authorized under this Act
upon a riverboat or in |
22 | | a casino or authorized under this Act and the Illinois Horse |
23 | | Racing Act of 1975 at an electronic gaming facility .
|
24 | | (l) "License bid" means the lump sum amount of money that |
25 | | an applicant
bids and agrees to pay the State in return for an |
26 | | owners license that is issued or
re-issued on or after July 1, |
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1 | | 2003.
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2 | | "Table game" means a live gaming apparatus upon which |
3 | | gaming is conducted or that determines an outcome that is the |
4 | | object of a wager, including, but not limited to, baccarat, |
5 | | twenty-one, blackjack, poker, craps, roulette wheel, klondike |
6 | | table, punchboard, faro layout, keno layout, numbers ticket, |
7 | | push card, jar ticket, pull tab, or other similar games that |
8 | | are authorized by the Board as a wagering device under this |
9 | | Act. "Table game" does not include slot machines or video games |
10 | | of chance. |
11 | | (m) The terms "minority person", "female", and "person with |
12 | | a disability" shall have the same meaning
as
defined in
Section |
13 | | 2 of the Business Enterprise for Minorities, Females, and |
14 | | Persons with
Disabilities Act.
|
15 | | "Authority" means the Chicago Casino Development |
16 | | Authority. |
17 | | "Casino" means a facility at which lawful gambling is |
18 | | authorized as provided in this Act. |
19 | | "Owners license" means a license to conduct riverboat or |
20 | | casino gambling operations, but does not include an electronic |
21 | | gaming license. |
22 | | "Licensed owner" means a person who holds an owners |
23 | | license. |
24 | | "Electronic gaming" means slot machine gambling or |
25 | | gambling with table games positioned within an electronic |
26 | | gaming facility as defined in the Illinois Gambling Act, as |
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1 | | defined in this Act, or defined by the Board that is conducted |
2 | | at a race track pursuant to an electronic gaming license. |
3 | | "Electronic gaming facility" means the area where the Board |
4 | | has authorized electronic gaming at a race track of an |
5 | | organization licensee under the Illinois Horse Racing Act of
|
6 | | 1975 that holds an electronic gaming license. |
7 | | "Electronic gaming license" means a license issued by the |
8 | | Board under Section 7.7 of this Act authorizing electronic |
9 | | gaming at an electronic gaming facility. |
10 | | "Electronic gaming licensee" means an entity that holds an |
11 | | electronic gaming license. |
12 | | "Organization licensee" means an entity authorized by the |
13 | | Illinois Racing Board to conduct pari-mutuel wagering in |
14 | | accordance with the Illinois Horse Racing Act of 1975. With |
15 | | respect only to electronic gaming, "organization licensee" |
16 | | includes the authorization for electronic gaming created under |
17 | | subsection (a) of Section 56 of the Illinois Horse Racing Act |
18 | | of 1975. |
19 | | "Casino operator license" means the license held by the |
20 | | person or entity selected by the Authority to manage and |
21 | | operate a riverboat or casino within the geographic area of the |
22 | | authorized municipality pursuant to this Act and the Chicago |
23 | | Casino Development Authority Act. |
24 | | (Source: P.A. 95-331, eff. 8-21-07; 96-1392, eff. 1-1-11.)
|
25 | | (230 ILCS 10/5) (from Ch. 120, par. 2405)
|
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1 | | Sec. 5. Gaming Board.
|
2 | | (a) (1) There is hereby established the
Illinois Gaming |
3 | | Board, which shall have the powers and duties specified in
this |
4 | | Act and in the Chicago Casino Development Authority Act , and |
5 | | all other powers necessary and proper to fully and
effectively |
6 | | execute this Act for the purpose of administering, regulating,
|
7 | | and enforcing the system of riverboat and casino gambling and |
8 | | electronic gaming established by this Act and by the Chicago |
9 | | Casino Development Authority Act . Its
jurisdiction shall |
10 | | extend under this Act and the Chicago Casino Development |
11 | | Authority Act to every person, association,
corporation, |
12 | | partnership and trust involved in riverboat and casino gambling
|
13 | | operations and electronic gaming in the State of Illinois.
|
14 | | (2) The Board shall consist of 5 members to be appointed by |
15 | | the Governor
with the advice and consent of the Senate, one of |
16 | | whom shall be designated
by the Governor to be chairperson |
17 | | chairman . Each member shall have a reasonable
knowledge of the |
18 | | practice, procedure and principles of gambling operations.
|
19 | | Each member shall either be a resident of Illinois or shall |
20 | | certify that he or she
will become a resident of Illinois |
21 | | before taking office. |
22 | | On and after the effective date of this amendatory Act of |
23 | | the 100th General Assembly, new appointees to the Board must |
24 | | include the following: |
25 | | (A) One member who has received, at a minimum, a |
26 | | bachelor's degree from an accredited school and at least 10 |
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1 | | years of verifiable training and experience in the fields |
2 | | of investigation and law enforcement. |
3 | | (B) One member who is a certified public accountant |
4 | | with experience in auditing and with knowledge of complex |
5 | | corporate structures and transactions. |
6 | | (C) One member who has 5 years' experience as a |
7 | | principal, senior officer, or director of a company or |
8 | | business with either material responsibility for the daily |
9 | | operations and management of the overall company or |
10 | | business or material responsibility for the policy making |
11 | | of the company or business. |
12 | | (D) One member who is a lawyer licensed to practice law |
13 | | in Illinois. |
14 | | Notwithstanding any provision of this subsection (a), the |
15 | | requirements of subparagraphs (A) through (D) of this paragraph |
16 | | (2) shall not apply to any person reappointed pursuant to |
17 | | paragraph (3). |
18 | | No more than 3 members of the Board may be from the same |
19 | | political party. The Board should reflect the ethnic, cultural, |
20 | | and geographic diversity of the State. No Board member shall, |
21 | | within a period of one year immediately preceding nomination, |
22 | | have been employed or received compensation or fees for |
23 | | services from a person or entity, or its parent or affiliate, |
24 | | that has engaged in business with the Board, a licensee, or a |
25 | | licensee under the Illinois Horse Racing Act of 1975. Board |
26 | | members must publicly disclose all prior affiliations with |
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1 | | gaming interests, including any compensation, fees, bonuses, |
2 | | salaries, and other reimbursement received from a person or |
3 | | entity, or its parent or affiliate, that has engaged in |
4 | | business with the Board, a licensee, or a licensee under the |
5 | | Illinois Horse Racing Act of 1975. This disclosure must be made |
6 | | within 30 days after nomination but prior to confirmation by |
7 | | the Senate and must be made available to the members of the |
8 | | Senate. At least one member
shall be experienced in law |
9 | | enforcement and criminal investigation, at
least one member |
10 | | shall be a certified public accountant experienced in
|
11 | | accounting and auditing, and at least one member shall be a |
12 | | lawyer licensed
to practice law in Illinois.
|
13 | | (3) The terms of office of the Board members shall be 3 |
14 | | years, except
that the terms of office of the initial Board |
15 | | members appointed pursuant to
this Act will commence from the |
16 | | effective date of this Act and run as
follows: one for a term |
17 | | ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for |
18 | | a term ending July 1, 1993. Upon the expiration of the
|
19 | | foregoing terms, the successors of such members shall serve a |
20 | | term for 3
years and until their successors are appointed and |
21 | | qualified for like terms.
Vacancies in the Board shall be |
22 | | filled for the unexpired term in like
manner as original |
23 | | appointments. Each member of the Board shall be
eligible for |
24 | | reappointment at the discretion of the Governor with the
advice |
25 | | and consent of the Senate.
|
26 | | (4) Each member of the Board shall receive $300 for each |
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1 | | day the
Board meets and for each day the member conducts any |
2 | | hearing pursuant to
this Act. Each member of the Board shall |
3 | | also be reimbursed for all actual
and necessary expenses and |
4 | | disbursements incurred in the execution of official
duties.
|
5 | | (5) No person shall be appointed a member of the Board or |
6 | | continue to be
a member of the Board who is, or whose spouse, |
7 | | child or parent is, a member
of the board of directors of, or a |
8 | | person financially interested in, any
gambling operation |
9 | | subject to the jurisdiction of this Board, or any race
track, |
10 | | race meeting, racing association or the operations thereof |
11 | | subject
to the jurisdiction of the Illinois Racing Board. No |
12 | | Board member shall
hold any other public office. No person |
13 | | shall be a
member of the Board who is not of good moral |
14 | | character or who has been
convicted of, or is under indictment |
15 | | for, a felony under the laws of
Illinois or any other state, or |
16 | | the United States.
|
17 | | (5.5) No member of the Board shall engage in any political |
18 | | activity. For the purposes of this Section, "political" means |
19 | | any activity in support
of or in connection with any campaign |
20 | | for federal, State, or local elective office or any political
|
21 | | organization, but does not include activities (i) relating to |
22 | | the support or
opposition of any executive, legislative, or |
23 | | administrative action (as those
terms are defined in Section 2 |
24 | | of the Lobbyist Registration Act), (ii) relating
to collective |
25 | | bargaining, or (iii) that are
otherwise
in furtherance of the |
26 | | person's official
State duties or governmental and public |
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1 | | service functions.
|
2 | | (6) Any member of the Board may be removed by the Governor |
3 | | for neglect
of duty, misfeasance, malfeasance, or nonfeasance |
4 | | in office or for engaging in any political activity.
|
5 | | (7) Before entering upon the discharge of the duties of his |
6 | | office, each
member of the Board shall take an oath that he |
7 | | will faithfully execute the
duties of his office according to |
8 | | the laws of the State and the rules and
regulations adopted |
9 | | therewith and shall give bond to the State of Illinois,
|
10 | | approved by the Governor, in the sum of $25,000. Every such |
11 | | bond, when
duly executed and approved, shall be recorded in the |
12 | | office of the
Secretary of State. Whenever the Governor |
13 | | determines that the bond of any
member of the Board has become |
14 | | or is likely to become invalid or
insufficient, he shall |
15 | | require such member forthwith to renew his bond,
which is to be |
16 | | approved by the Governor. Any member of the Board who fails
to |
17 | | take oath and give bond within 30 days from the date of his |
18 | | appointment,
or who fails to renew his bond within 30 days |
19 | | after it is demanded by the
Governor, shall be guilty of |
20 | | neglect of duty and may be removed by the
Governor. The cost of |
21 | | any bond given by any member of the Board under this
Section |
22 | | shall be taken to be a part of the necessary expenses of the |
23 | | Board.
|
24 | | (7.5) For the examination of all mechanical, |
25 | | electromechanical, or electronic table games, slot machines, |
26 | | slot accounting systems, and other electronic gaming equipment |
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1 | | for compliance with this Act, the Board may utilize the |
2 | | services of one or more independent outside testing |
3 | | laboratories that have been accredited by a national |
4 | | accreditation body and that, in the judgment of the Board, are |
5 | | qualified to perform such examinations. |
6 | | (8) The Board shall employ such
personnel as may be |
7 | | necessary to carry out its functions and shall determine the |
8 | | salaries of all personnel, except those personnel whose |
9 | | salaries are determined under the terms of a collective |
10 | | bargaining agreement. No
person shall be employed to serve the |
11 | | Board who is, or whose spouse, parent
or child is, an official |
12 | | of, or has a financial interest in or financial
relation with, |
13 | | any operator engaged in gambling operations within this
State |
14 | | or any organization engaged in conducting horse racing within |
15 | | this
State. For the one year immediately preceding employment, |
16 | | an employee shall not have been employed or received |
17 | | compensation or fees for services from a person or entity, or |
18 | | its parent or affiliate, that has engaged in business with the |
19 | | Board, a licensee, or a licensee under the Illinois Horse |
20 | | Racing Act of 1975. Any employee violating these prohibitions |
21 | | shall be subject to
termination of employment. In addition, all |
22 | | Board members and employees are subject to the restrictions set |
23 | | forth in Section 5-45 of the State Officials and Employees |
24 | | Ethics Act.
|
25 | | (9) An Administrator shall perform any and all duties that |
26 | | the Board
shall assign him. The salary of the Administrator |
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1 | | shall be determined by
the Board and, in addition,
he shall be |
2 | | reimbursed for all actual and necessary expenses incurred by
|
3 | | him in discharge of his official duties. The Administrator |
4 | | shall keep
records of all proceedings of the Board and shall |
5 | | preserve all records,
books, documents and other papers |
6 | | belonging to the Board or entrusted to
its care. The |
7 | | Administrator shall devote his full time to the duties of
the |
8 | | office and shall not hold any other office or employment.
|
9 | | (b) The Board shall have general responsibility for the |
10 | | implementation
of this Act. Its duties include, without |
11 | | limitation, the following:
|
12 | | (1) To decide promptly and in reasonable order all |
13 | | license applications.
Any party aggrieved by an action of |
14 | | the Board denying, suspending,
revoking, restricting or |
15 | | refusing to renew a license may request a hearing
before |
16 | | the Board. A request for a hearing must be made to the |
17 | | Board in
writing within 5 days after service of notice of |
18 | | the action of the Board.
Notice of the action of the Board |
19 | | shall be served either by personal
delivery or by certified |
20 | | mail, postage prepaid, to the aggrieved party.
Notice |
21 | | served by certified mail shall be deemed complete on the |
22 | | business
day following the date of such mailing. The Board |
23 | | shall conduct all
requested hearings promptly and in |
24 | | reasonable order;
|
25 | | (2) To conduct all hearings pertaining to civil |
26 | | violations of this Act
or rules and regulations promulgated |
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1 | | hereunder;
|
2 | | (3) To promulgate such rules and regulations as in its |
3 | | judgment may be
necessary to protect or enhance the |
4 | | credibility and integrity of gambling
operations |
5 | | authorized by this Act and the regulatory process |
6 | | hereunder;
|
7 | | (4) To provide for the establishment and collection of |
8 | | all license and
registration fees and taxes imposed by this |
9 | | Act and the rules and
regulations issued pursuant hereto. |
10 | | All such fees and taxes shall be
deposited into the State |
11 | | Gaming Fund;
|
12 | | (5) To provide for the levy and collection of penalties |
13 | | and fines for the
violation of provisions of this Act and |
14 | | the rules and regulations
promulgated hereunder. All such |
15 | | fines and penalties shall be deposited
into the Education |
16 | | Assistance Fund, created by Public Act 86-0018, of the
|
17 | | State of Illinois;
|
18 | | (6) To be present through its inspectors and agents any |
19 | | time gambling
operations are conducted on any riverboat , in |
20 | | any casino, or at any electronic gaming
facility for the |
21 | | purpose of certifying the
revenue thereof, receiving |
22 | | complaints from the public, and conducting such
other |
23 | | investigations into the conduct of the gambling games and |
24 | | the
maintenance of the equipment as from time to time the |
25 | | Board may deem
necessary and proper;
|
26 | | (7) To review and rule upon any complaint by a licensee
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1 | | regarding any investigative procedures of the State which |
2 | | are unnecessarily
disruptive of gambling operations. The |
3 | | need to inspect and investigate
shall be presumed at all |
4 | | times. The disruption of a licensee's operations
shall be |
5 | | proved by clear and convincing evidence, and establish |
6 | | that: (A)
the procedures had no reasonable law enforcement |
7 | | purposes, and (B) the
procedures were so disruptive as to |
8 | | unreasonably inhibit gambling operations;
|
9 | | (8) To hold at least one meeting each quarter of the |
10 | | fiscal
year. In addition, special meetings may be called by |
11 | | the Chairman or any 2
Board members upon 72 hours written |
12 | | notice to each member. All Board
meetings shall be subject |
13 | | to the Open Meetings Act. Three members of the
Board shall |
14 | | constitute a quorum, and 3 votes shall be required for any
|
15 | | final determination by the Board. The Board shall keep a |
16 | | complete and
accurate record of all its meetings. A |
17 | | majority of the members of the Board
shall constitute a |
18 | | quorum for the transaction of any business, for the
|
19 | | performance of any duty, or for the exercise of any power |
20 | | which this Act
requires the Board members to transact, |
21 | | perform or exercise en banc, except
that, upon order of the |
22 | | Board, one of the Board members or an
administrative law |
23 | | judge designated by the Board may conduct any hearing
|
24 | | provided for under this Act or by Board rule and may |
25 | | recommend findings and
decisions to the Board. The Board |
26 | | member or administrative law judge
conducting such hearing |
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1 | | shall have all powers and rights granted to the
Board in |
2 | | this Act. The record made at the time of the hearing shall |
3 | | be
reviewed by the Board, or a majority thereof, and the |
4 | | findings and decision
of the majority of the Board shall |
5 | | constitute the order of the Board in
such case;
|
6 | | (9) To maintain records which are separate and distinct |
7 | | from the records
of any other State board or commission. |
8 | | Such records shall be available
for public inspection and |
9 | | shall accurately reflect all Board proceedings;
|
10 | | (10) To file a written annual report with the Governor |
11 | | on or before
March 1 each year and such additional reports |
12 | | as the Governor may request.
The annual report shall |
13 | | include a statement of receipts and disbursements
by the |
14 | | Board, actions taken by the Board, and any additional |
15 | | information
and recommendations which the Board may deem |
16 | | valuable or which the Governor
may request;
|
17 | | (11) (Blank);
|
18 | | (12) (Blank);
|
19 | | (13) To assume responsibility for administration and |
20 | | enforcement of the
Video Gaming Act; and |
21 | | (13.1) To assume responsibility for the administration |
22 | | and enforcement
of operations at electronic gaming |
23 | | facilities pursuant to this Act and the
Illinois Horse |
24 | | Racing Act of 1975; |
25 | | (13.2) To assume responsibility for the administration |
26 | | and enforcement of gambling operations at the Chicago |
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1 | | Casino Development Authority's casino pursuant to this Act |
2 | | and the Chicago Casino Development Authority Act; and |
3 | | (14) To adopt, by rule, a code of conduct governing |
4 | | Board members and employees that ensure, to the maximum |
5 | | extent possible, that persons subject to this Code avoid |
6 | | situations, relationships, or associations that may |
7 | | represent or lead to a conflict of interest.
|
8 | | Internal controls and changes submitted by licensees must |
9 | | be reviewed and either approved or denied with cause within 90 |
10 | | days after receipt of submission is deemed final by the |
11 | | Illinois Gaming Board. In the event an internal control |
12 | | submission or change does not meet the standards set by the |
13 | | Board, staff of the Board must provide technical assistance to |
14 | | the licensee to rectify such deficiencies within 90 days after |
15 | | the initial submission and the revised submission must be |
16 | | reviewed and approved or denied with cause within 90 days after |
17 | | the date the revised submission is deemed final by the Board. |
18 | | For the purposes of this paragraph, "with cause" means that the |
19 | | approval of the submission would jeopardize the integrity of |
20 | | gaming. In the event the Board staff has not acted within the |
21 | | timeframe, the submission shall be deemed approved. |
22 | | (c) The Board shall have jurisdiction over and shall |
23 | | supervise all
gambling operations governed by this Act and the |
24 | | Chicago Casino Development Authority Act . The Board shall have |
25 | | all powers
necessary and proper to fully and effectively |
26 | | execute the provisions of
this Act and the Chicago Casino |
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1 | | Development Authority Act , including, but not limited to, the |
2 | | following:
|
3 | | (1) To investigate applicants and determine the |
4 | | eligibility of
applicants for licenses and to select among |
5 | | competing applicants the
applicants which best serve the |
6 | | interests of the citizens of Illinois.
|
7 | | (2) To have jurisdiction and supervision over all |
8 | | riverboat gambling
operations authorized under this Act |
9 | | and the Chicago Casino Development Authority Act in this |
10 | | State and all persons in places on riverboats where |
11 | | gambling
operations are conducted.
|
12 | | (3) To promulgate rules and regulations for the purpose |
13 | | of administering
the provisions of this Act and the Chicago |
14 | | Casino Development Authority Act and to prescribe rules, |
15 | | regulations and
conditions under which all riverboat |
16 | | gambling operations subject to this
Act and the Chicago |
17 | | Casino Development Authority Act in the State shall be
|
18 | | conducted. Such rules and regulations are to provide for |
19 | | the prevention of
practices detrimental to the public |
20 | | interest and for the best interests of
riverboat gambling, |
21 | | including rules and regulations regarding the
inspection |
22 | | of electronic gaming facilities, casinos, and such |
23 | | riverboats , and the review of any permits or licenses
|
24 | | necessary to operate a riverboat , casino, or electronic |
25 | | gaming facilities under any laws or regulations applicable
|
26 | | to riverboats, casinos, or electronic gaming facilities |
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1 | | and to impose penalties for violations thereof.
|
2 | | (4) To enter the office, riverboats, casinos, |
3 | | electronic gaming facilities, and
other facilities, or |
4 | | other
places of business of a licensee, where evidence of |
5 | | the compliance or
noncompliance with the provisions of this |
6 | | Act and the Chicago Casino Development Authority Act is |
7 | | likely to be found.
|
8 | | (5) To investigate alleged violations of this Act , the |
9 | | Chicago Casino Development Authority Act, or the
rules of |
10 | | the Board and to take appropriate disciplinary
action |
11 | | against a licensee or a holder of an occupational license |
12 | | for a
violation, or institute appropriate legal action for |
13 | | enforcement, or both.
|
14 | | (6) To adopt standards for the licensing of all persons |
15 | | and entities under this Act and the Chicago Casino |
16 | | Development Authority Act ,
as well as for electronic or |
17 | | mechanical gambling games, and to establish
fees for such |
18 | | licenses.
|
19 | | (7) To adopt appropriate standards for all electronic |
20 | | gaming facilities, riverboats , casinos,
and other |
21 | | facilities authorized under this Act and the Chicago Casino |
22 | | Development Authority Act .
|
23 | | (8) To require that the records, including financial or |
24 | | other statements
of any licensee under this Act and the |
25 | | Chicago Casino Development Authority Act , shall be kept in |
26 | | such manner as prescribed
by the Board and that any such |
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1 | | licensee involved in the ownership or
management of |
2 | | gambling operations submit to the Board an annual balance
|
3 | | sheet and profit and loss statement, list of the |
4 | | stockholders or other
persons having a 1% or greater |
5 | | beneficial interest in the gambling
activities of each |
6 | | licensee, and any other information the Board deems
|
7 | | necessary in order to effectively administer this Act and |
8 | | the Chicago Casino Development Authority Act and all rules,
|
9 | | regulations, orders and final decisions promulgated under |
10 | | this Act and the Chicago Casino Development Authority Act .
|
11 | | (9) To conduct hearings, issue subpoenas for the |
12 | | attendance of
witnesses and subpoenas duces tecum for the |
13 | | production of books, records
and other pertinent documents |
14 | | in accordance with the Illinois
Administrative Procedure |
15 | | Act, and to administer oaths and affirmations to
the |
16 | | witnesses, when, in the judgment of the Board, it is |
17 | | necessary to
administer or enforce this Act , the Chicago |
18 | | Casino Development Authority Act, or the Board rules.
|
19 | | (10) To prescribe a form to be used by any licensee |
20 | | involved in the
ownership or management of gambling |
21 | | operations as an
application for employment for their |
22 | | employees.
|
23 | | (11) To revoke or suspend licenses, other than the |
24 | | license issued to the Chicago Casino Development |
25 | | Authority, as the Board may see fit and in
compliance with |
26 | | applicable laws of the State regarding administrative
|
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1 | | procedures, and to review applications for the renewal of |
2 | | licenses. The
Board may suspend an owners license (other |
3 | | than the license issued to the Chicago Casino Development |
4 | | Authority), electronic gaming license, or casino operator |
5 | | license , without notice or hearing upon a
determination |
6 | | that the safety or health of patrons or employees is
|
7 | | jeopardized by continuing a gambling operation conducted |
8 | | under that license riverboat's operation . The suspension |
9 | | may
remain in effect until the Board determines that the |
10 | | cause for suspension
has been abated. The Board may revoke |
11 | | an the owners license (other than the license issued to the |
12 | | Chicago Casino Development Authority), electronic
gaming
|
13 | | license, or casino operator license upon a
determination |
14 | | that the licensee owner has not made satisfactory progress |
15 | | toward
abating the hazard.
|
16 | | (12) To eject or exclude or authorize the ejection or |
17 | | exclusion of, any
person from riverboat gambling |
18 | | facilities where that such person is in violation
of this |
19 | | Act or the Chicago Casino Development Authority Act , rules |
20 | | and regulations thereunder, or final orders of the
Board, |
21 | | or where such person's conduct or reputation is such that |
22 | | his or her
presence within the riverboat gambling |
23 | | facilities may, in the opinion of
the Board, call into |
24 | | question the honesty and integrity of the gambling
|
25 | | operations or interfere with the orderly conduct thereof; |
26 | | provided that the
propriety of such ejection or exclusion |
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1 | | is subject to subsequent hearing
by the Board.
|
2 | | (13) To require all licensees of gambling operations to |
3 | | utilize a
cashless wagering system whereby all players' |
4 | | money is converted to tokens,
electronic cards, or chips |
5 | | which shall be used only for wagering in the
gambling |
6 | | establishment.
|
7 | | (14) (Blank).
|
8 | | (15) To suspend, revoke or restrict licenses, other |
9 | | than the license issued to the Chicago Casino Development |
10 | | Authority, to require the
removal of a licensee or an |
11 | | employee of a licensee for a violation of this
Act , the |
12 | | Chicago Casino Development Authority Act, or a Board rule |
13 | | or for engaging in a fraudulent practice, and to
impose |
14 | | civil penalties of up to $5,000 against individuals and up |
15 | | to
$10,000 or an amount equal to the daily gross receipts, |
16 | | whichever is
larger, against licensees for each violation |
17 | | of any provision of the Act, the Chicago Casino Development |
18 | | Authority Act,
any rules adopted by the Board, any order of |
19 | | the Board or any other action
which, in the Board's |
20 | | discretion, is a detriment or impediment to riverboat
|
21 | | gambling operations.
|
22 | | (16) To hire employees to gather information, conduct |
23 | | investigations
and carry out any other tasks contemplated |
24 | | under this Act or the Chicago Casino Development Authority |
25 | | Act .
|
26 | | (17) To establish minimum levels of insurance to be |
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1 | | maintained by
licensees.
|
2 | | (18) To authorize a licensee to sell or serve alcoholic |
3 | | liquors, wine or
beer as defined in the Liquor Control Act |
4 | | of 1934 on board a riverboat or in a casino
and to have |
5 | | exclusive authority to establish the hours for sale and
|
6 | | consumption of alcoholic liquor on board a riverboat or in |
7 | | a casino , notwithstanding any
provision of the Liquor |
8 | | Control Act of 1934 or any local ordinance, and
regardless |
9 | | of whether the riverboat makes excursions. The
|
10 | | establishment of the hours for sale and consumption of |
11 | | alcoholic liquor on
board a riverboat or in a casino is an |
12 | | exclusive power and function of the State. A home
rule unit |
13 | | may not establish the hours for sale and consumption of |
14 | | alcoholic
liquor on board a riverboat or in a casino . This |
15 | | subdivision (18) amendatory Act of 1991 is a denial and
|
16 | | limitation of home rule powers and functions under |
17 | | subsection (h) of
Section 6 of Article VII of the Illinois |
18 | | Constitution.
|
19 | | (19) After consultation with the U.S. Army Corps of |
20 | | Engineers, to
establish binding emergency orders upon the |
21 | | concurrence of a majority of
the members of the Board |
22 | | regarding the navigability of water, relative to
|
23 | | excursions,
in the event
of extreme weather conditions, |
24 | | acts of God or other extreme circumstances.
|
25 | | (20) To delegate the execution of any of its powers |
26 | | under this Act or the Chicago Casino Development Authority |
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1 | | Act for
the purpose of administering and enforcing this |
2 | | Act , the Chicago Casino Development Authority Act, and the |
3 | | its rules adopted by the Board under both Acts and
|
4 | | regulations hereunder .
|
5 | | (20.5) To approve any contract entered into on its |
6 | | behalf.
|
7 | | (20.6) To appoint investigators to conduct |
8 | | investigations, searches, seizures, arrests, and other |
9 | | duties imposed under this Act, as deemed necessary by the |
10 | | Board. These investigators have and may exercise all of the |
11 | | rights and powers of peace officers, provided that these |
12 | | powers shall be limited to offenses or violations occurring |
13 | | or committed in a casino, in an electronic gaming facility, |
14 | | or on a riverboat or dock, as defined in subsections (d) |
15 | | and (f) of Section 4, or as otherwise provided by this Act , |
16 | | the Chicago Casino Development Authority Act, or any other |
17 | | law. |
18 | | (20.7) To contract with the Department of State Police |
19 | | for the use of trained and qualified State police officers |
20 | | and with the Department of Revenue for the use of trained |
21 | | and qualified Department of Revenue investigators to |
22 | | conduct investigations, searches, seizures, arrests, and |
23 | | other duties imposed under this Act or the Chicago Casino |
24 | | Development Authority Act and to exercise all of the rights |
25 | | and powers of peace officers, provided that the powers of |
26 | | Department of Revenue investigators under this subdivision |
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1 | | (20.7) 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 | | or any other law. In the event the Department of State |
6 | | Police or the Department of Revenue is unable to fill |
7 | | contracted police or investigative positions, the Board |
8 | | may appoint investigators to fill those positions pursuant |
9 | | to subdivision (20.6).
|
10 | | (21) To adopt rules concerning the conduct of |
11 | | electronic gaming. |
12 | | (22) To have the same jurisdiction and supervision over |
13 | | casinos and electronic gaming facilities as the Board has |
14 | | over riverboats, including, but not limited to, the power |
15 | | to (i) investigate, review, and approve contracts as that |
16 | | power is applied to riverboats, (ii) adopt rules for |
17 | | administering the provisions of this Act or the Chicago |
18 | | Casino Development Authority Act, (iii) adopt standards |
19 | | for the licensing of all persons involved with a casino or |
20 | | electronic gaming facility, (iv) investigate alleged |
21 | | violations of this Act by any person involved with a casino |
22 | | or electronic gaming facility, and (v) require that |
23 | | records, including financial or other statements of any |
24 | | casino or electronic gaming facility, shall be kept in such |
25 | | manner as prescribed by the Board. |
26 | | (23) To supervise and regulate the Chicago Casino |
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1 | | Development Authority in accordance with the Chicago |
2 | | Casino Development Authority Act and the provisions of this |
3 | | Act.
|
4 | | (24) (21) To take any other action as may be reasonable |
5 | | or appropriate to
enforce this Act , the Chicago Casino |
6 | | Development Authority Act, and the rules adopted by the |
7 | | Board under both Acts and regulations hereunder .
|
8 | | All Board powers enumerated in this Section in relation to |
9 | | licensees shall apply equally to the holder of any casino |
10 | | management contract entered into pursuant to the Chicago Casino |
11 | | Development Authority Act. |
12 | | (d) The Board may seek and shall receive the cooperation of |
13 | | the
Department of State Police in conducting background |
14 | | investigations of
applicants and in fulfilling its |
15 | | responsibilities under
this Section. Costs incurred by the |
16 | | Department of State Police as
a result of such cooperation |
17 | | shall be paid by the Board in conformance
with the requirements |
18 | | of Section 2605-400 of the Department of State Police Law
(20 |
19 | | ILCS 2605/2605-400).
|
20 | | (e) The Board must authorize to each investigator and to |
21 | | any other
employee of the Board exercising the powers of a |
22 | | peace officer a distinct badge
that, on its face, (i) clearly |
23 | | states that the badge is authorized by the Board
and
(ii) |
24 | | contains a unique identifying number. No other badge shall be |
25 | | authorized
by the Board.
|
26 | | (Source: P.A. 98-377, eff. 1-1-14; 98-582, eff. 8-27-13.)
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1 | | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
|
2 | | Sec. 5.1. Disclosure of records.
|
3 | | (a) Notwithstanding any applicable statutory provision to |
4 | | the contrary,
the Board shall, on written request from any |
5 | | person, provide
information furnished by an applicant or |
6 | | licensee concerning the applicant
or licensee, his products, |
7 | | services or gambling enterprises and his
business holdings, as |
8 | | follows:
|
9 | | (1) The name, business address and business telephone |
10 | | number of any
applicant or licensee.
|
11 | | (2) An identification of any applicant or licensee |
12 | | including, if an
applicant or licensee is not an |
13 | | individual, the names and addresses of all stockholders and |
14 | | directors, if the entity is a corporation; the names and |
15 | | addresses of all members, if the entity is a limited |
16 | | liability company; the names and addresses of all partners, |
17 | | both general and limited, if the entity is a partnership; |
18 | | and the names and addresses of all beneficiaries, if the |
19 | | entity is a trust the state of incorporation or
|
20 | | registration, the corporate officers, and the identity of |
21 | | all shareholders
or participants . If an applicant or |
22 | | licensee has a pending registration
statement filed with |
23 | | the Securities and Exchange Commission, only the names
of |
24 | | those persons or entities holding interest of 5% or more |
25 | | must be provided.
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1 | | (3) An identification of any business, including, if |
2 | | applicable, the
state of incorporation or registration, in |
3 | | which an applicant or licensee
or an applicant's or |
4 | | licensee's spouse or children has an equity interest
of |
5 | | more than 1%. If an applicant or licensee is a corporation, |
6 | | partnership
or other business entity, the applicant or |
7 | | licensee shall identify any
other corporation, partnership |
8 | | or business entity in which it has an equity
interest of 1%
|
9 | | or more, including, if applicable, the state of
|
10 | | incorporation or registration. This information need not |
11 | | be provided by a
corporation, partnership or other business |
12 | | entity that has a pending
registration statement filed with |
13 | | the Securities and Exchange Commission.
|
14 | | (4) Whether an applicant or licensee has been indicted, |
15 | | convicted,
pleaded guilty or nolo contendere, or forfeited |
16 | | bail concerning any
criminal offense under the laws of any |
17 | | jurisdiction, either felony or
misdemeanor (except for |
18 | | traffic violations), including the date, the name
and |
19 | | location of the court, arresting agency and prosecuting |
20 | | agency, the
case number, the offense, the disposition and |
21 | | the location and length of
incarceration.
|
22 | | (5) Whether an applicant or licensee has had any |
23 | | license or
certificate issued by a licensing authority in |
24 | | Illinois or any other
jurisdiction denied, restricted, |
25 | | suspended, revoked or not renewed and a
statement |
26 | | describing the facts and circumstances concerning the |
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1 | | denial,
restriction, suspension, revocation or |
2 | | non-renewal, including the licensing
authority, the date |
3 | | each such action was taken, and the reason for each
such |
4 | | action.
|
5 | | (6) Whether an applicant or licensee has ever filed or |
6 | | had filed against
it a proceeding in bankruptcy or has ever |
7 | | been involved in any formal
process to adjust, defer, |
8 | | suspend or otherwise work out the payment of any
debt |
9 | | including the date of filing, the name and location of the |
10 | | court, the
case and number of the disposition.
|
11 | | (7) Whether an applicant or licensee has filed, or been |
12 | | served with a
complaint or other notice filed with any |
13 | | public body, regarding the
delinquency in the payment of, |
14 | | or a dispute over the filings concerning the
payment of, |
15 | | any tax required under federal, State or local law, |
16 | | including
the amount, type of tax, the taxing agency and |
17 | | time periods involved.
|
18 | | (8) A statement listing the names and titles of all |
19 | | public officials
or officers of any unit of government, and |
20 | | relatives of said
public officials or officers who, |
21 | | directly or indirectly, own
any financial interest in, have |
22 | | any beneficial interest in, are the
creditors of or hold |
23 | | any debt instrument issued by, or hold or have any
interest |
24 | | in any contractual or service relationship with, an |
25 | | applicant
or licensee.
|
26 | | (9) Whether an applicant or licensee has made, directly |
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1 | | or indirectly,
any political contribution, or any loans, |
2 | | donations or other payments, to
any candidate or office |
3 | | holder, within 5 years from the date of filing the
|
4 | | application, including the amount and the method of |
5 | | payment.
|
6 | | (10) The name and business telephone number of the |
7 | | counsel
representing an applicant or licensee in matters |
8 | | before the Board.
|
9 | | (11) A description of any proposed or approved |
10 | | riverboat or casino
gaming or electronic gaming operation, |
11 | | including the type of boat, home dock or casino or |
12 | | electronic gaming location, expected
economic benefit to |
13 | | the community, anticipated or actual number of
employees, |
14 | | any statement from an applicant or licensee regarding |
15 | | compliance
with federal and State affirmative action |
16 | | guidelines, projected or actual
admissions and projected |
17 | | or actual adjusted gross gaming receipts.
|
18 | | (12) A description of the product or service to be |
19 | | supplied by an
applicant for a supplier's license.
|
20 | | (b) Notwithstanding any applicable statutory provision to |
21 | | the contrary,
the Board shall, on written request from any |
22 | | person, also provide
the following information:
|
23 | | (1) The amount of the wagering tax and admission tax |
24 | | paid daily to the
State of Illinois by the holder of an |
25 | | owner's license.
|
26 | | (2) Whenever the Board finds an applicant for an |
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1 | | owner's license
unsuitable for licensing, a copy of the |
2 | | written letter outlining the
reasons for the denial.
|
3 | | (3) Whenever the Board has refused to grant leave for |
4 | | an applicant to
withdraw his application, a copy of the |
5 | | letter outlining the reasons for
the refusal.
|
6 | | (c) Subject to the above provisions, the Board shall not |
7 | | disclose any
information which would be barred by:
|
8 | | (1) Section 7 of the Freedom of Information Act; or
|
9 | | (2) The statutes, rules, regulations or |
10 | | intergovernmental agreements
of any jurisdiction.
|
11 | | (d) The Board may assess fees for the copying of |
12 | | information in
accordance with Section 6 of the Freedom of |
13 | | Information Act.
|
14 | | (Source: P.A. 96-1392, eff. 1-1-11.)
|
15 | | (230 ILCS 10/5.3 new) |
16 | | Sec. 5.3. Ethical conduct. |
17 | | (a) Officials and employees of the corporate authority of a |
18 | | host community must carry out their duties and responsibilities |
19 | | in such a manner as to promote and preserve public trust and |
20 | | confidence in the integrity and conduct of gaming. |
21 | | (b) Officials and employees of the corporate authority of a |
22 | | host community shall not use or attempt to use his or her |
23 | | official position to secure or attempt to secure any privilege, |
24 | | advantage, favor, or influence for himself or herself or |
25 | | others. |
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1 | | (c) Officials and employees of the corporate authority of a |
2 | | host community may not have a financial interest, directly or |
3 | | indirectly, in his or her own name or in the name of any other |
4 | | person, partnership, association, trust, corporation, or other |
5 | | entity in any contract or subcontract for the performance of |
6 | | any work for a riverboat or casino that is located in the host |
7 | | community. This prohibition shall extend to the holding or |
8 | | acquisition of an interest in any entity identified by Board |
9 | | action that, in the Board's judgment, could represent the |
10 | | potential for or the appearance of a financial interest. The |
11 | | holding or acquisition of an interest in such entities through |
12 | | an indirect means, such as through a mutual fund, shall not be |
13 | | prohibited, except that the Board may identify specific |
14 | | investments or funds that, in its judgment, are so influenced |
15 | | by gaming holdings as to represent the potential for or the |
16 | | appearance of a conflict of interest. |
17 | | (d) Officials and employees of the corporate authority of a |
18 | | host community may not accept any gift, gratuity, service, |
19 | | compensation, travel, lodging, or thing of value, with the |
20 | | exception of unsolicited items of an incidental nature, from |
21 | | any person, corporation, or entity doing business with the |
22 | | riverboat or casino that is located in the host community. |
23 | | (e) Officials and employees of the corporate authority of a |
24 | | host community shall not, during the period that the person is |
25 | | an official or employee of the corporate authority or for a |
26 | | period of 2 years immediately after leaving such office, |
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1 | | knowingly accept employment or receive compensation or fees for |
2 | | services from a person or entity, or its parent or affiliate, |
3 | | that has engaged in business with the riverboat or casino that |
4 | | is located in the host community that resulted in contracts |
5 | | with an aggregate value of at least $25,000 or if that official |
6 | | or employee has made a decision that directly applied to the |
7 | | person or entity, or its parent or affiliate. |
8 | | (f) A spouse, child, or parent of an official or employee |
9 | | of the corporate authority of a host community may not have a |
10 | | financial interest, directly or indirectly, in his or her own |
11 | | name or in the name of any other person, partnership, |
12 | | association, trust, corporation, or other entity in any |
13 | | contract or subcontract for the performance of any work for a |
14 | | riverboat or casino in the host community. This prohibition |
15 | | shall extend to the holding or acquisition of an interest in |
16 | | any entity identified by Board action that, in the judgment of |
17 | | the Board, could represent the potential for or the appearance |
18 | | of a conflict of interest. The holding or acquisition of an |
19 | | interest in such entities through an indirect means, such as |
20 | | through a mutual fund, shall not be prohibited, expect that the |
21 | | Board may identify specific investments or funds that, in its |
22 | | judgment, are so influenced by gaming holdings as to represent |
23 | | the potential for or the appearance of a conflict of interest. |
24 | | (g) A spouse, child, or parent of an official or employee |
25 | | of the corporate authority of a host community may not accept |
26 | | any gift, gratuity, service, compensation, travel, lodging, or |
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1 | | thing of value, with the exception of unsolicited items of an |
2 | | incidental nature, from any person, corporation, or entity |
3 | | doing business with the riverboat or casino that is located in |
4 | | the host community. |
5 | | (h) A spouse, child, or parent of an official or employee |
6 | | of the corporate authority of a host community may not, during |
7 | | the period that the person is an official of the corporate |
8 | | authority or for a period of 2 years immediately after leaving |
9 | | such office or employment, knowingly accept employment or |
10 | | receive compensation or fees for services from a person or |
11 | | entity, or its parent or affiliate, that has engaged in |
12 | | business with the riverboat or casino that is located in the |
13 | | host community that resulted in contracts with an aggregate |
14 | | value of at least $25,000 or if that official or employee has |
15 | | made a decision that directly applied to the person or entity, |
16 | | or its parent or affiliate. |
17 | | (i) Officials and employees of the corporate authority of a |
18 | | host community shall not attempt, in any way, to influence any |
19 | | person or entity doing business with the riverboat or casino |
20 | | that is located in the host community or any officer, agent, or |
21 | | employee thereof to hire or contract with any person or entity |
22 | | for any compensated work. |
23 | | (j) Any communication between an official of the corporate |
24 | | authority of a host community and any applicant for an owners |
25 | | license in the host community, or an officer, director, or |
26 | | employee of a riverboat or casino in the host community, |
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1 | | concerning any matter relating in any way to gaming shall be |
2 | | disclosed to the Board. Such disclosure shall be in writing by |
3 | | the official within 30 days after the communication and shall |
4 | | be filed with the Board. Disclosure must consist of the date of |
5 | | the communication, the identity and job title of the person |
6 | | with whom the communication was made, a brief summary of the |
7 | | communication, the action requested or recommended, all |
8 | | responses made, the identity and job title of the person making |
9 | | the response, and any other pertinent information. Public |
10 | | disclosure of the written summary provided to the Board and the |
11 | | Gaming Board shall be subject to the exemptions provided under |
12 | | the Freedom of Information Act. |
13 | | This subsection (j) shall not apply to communications |
14 | | regarding traffic, law enforcement, security, environmental |
15 | | issues, city services, transportation, or other routine |
16 | | matters concerning the ordinary operations of the riverboat or |
17 | | casino. For purposes of this subsection (j), "ordinary |
18 | | operations" means operations relating to the casino or |
19 | | riverboat facility other than the conduct of gambling |
20 | | activities, and "routine matters" includes the application |
21 | | for, issuance of, renewal of, and other processes associated |
22 | | with municipal permits and licenses. |
23 | | (k) Any official or employee who violates any provision of |
24 | | this Section is guilty of a Class 4 felony. |
25 | | (l) For purposes of this Section, "host community" or "host |
26 | | municipality" means a unit of local government that contains a |
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1 | | riverboat or casino within its borders, but does not include |
2 | | the City of Chicago or the Chicago Casino Development |
3 | | Authority.
|
4 | | (230 ILCS 10/6) (from Ch. 120, par. 2406)
|
5 | | Sec. 6. Application for Owners License.
|
6 | | (a) A qualified person may
apply to the Board for an owners |
7 | | license to
conduct a riverboat gambling operation as provided |
8 | | in this Act. The
application shall be made on forms provided by |
9 | | the Board and shall contain
such information as the Board |
10 | | prescribes, including but not limited to the
identity of the |
11 | | riverboat on which such gambling operation is to be
conducted , |
12 | | if applicable, and the exact location where such riverboat or |
13 | | casino will be located docked , a
certification that the |
14 | | riverboat will be registered under this Act at all
times during |
15 | | which gambling operations are conducted on board, detailed
|
16 | | information regarding the ownership and management of the |
17 | | applicant, and
detailed personal information regarding the |
18 | | applicant. Any application for an
owners license to be |
19 | | re-issued on or after June 1, 2003 shall also
include the |
20 | | applicant's license bid in a form prescribed by the Board.
|
21 | | Information
provided on the application shall be used as a |
22 | | basis for a thorough
background investigation which the Board |
23 | | shall conduct with respect to each
applicant. An incomplete |
24 | | application shall be cause for denial of a license
by the |
25 | | Board.
|
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1 | | (a-5) In addition to any other information required under |
2 | | this Section, each application for an owners license must |
3 | | include the following information: |
4 | | (1) The history and success of the applicant and each |
5 | | person and entity disclosed under subsection (c) of this |
6 | | Section in developing tourism facilities ancillary to |
7 | | gaming, if applicable. |
8 | | (2) The likelihood that granting a license to the |
9 | | applicant will lead to the creation of quality, living wage |
10 | | jobs and permanent, full-time jobs for residents of the |
11 | | State and residents of the unit of local government that is |
12 | | designated as the home dock of the proposed facility where |
13 | | gambling is to be conducted by the applicant. |
14 | | (3) The projected number of jobs that would be created |
15 | | if the license is granted and the projected number of new |
16 | | employees at the proposed facility where gambling is to be |
17 | | conducted by the applicant. |
18 | | (4) The record, if any, of the applicant and its |
19 | | developer in meeting commitments to local agencies, |
20 | | community-based organizations, and employees at other |
21 | | locations where the applicant or its developer has |
22 | | performed similar functions as they would perform if the |
23 | | applicant were granted a license. |
24 | | (5) Identification of adverse effects that might be |
25 | | caused by the proposed facility where gambling is to be |
26 | | conducted by the applicant, including the costs of meeting |
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1 | | increased demand for public health care, child care, public |
2 | | transportation, affordable housing, and social services, |
3 | | and a plan to mitigate those adverse effects. |
4 | | (6) The record, if any, of the applicant and its |
5 | | developer regarding compliance with: |
6 | | (A) federal, state, and local discrimination, wage |
7 | | and hour, disability, and occupational and |
8 | | environmental health and safety laws; and |
9 | | (B) state and local labor relations and employment |
10 | | laws. |
11 | | (7) The applicant's record, if any, in dealing with its |
12 | | employees and their representatives at other locations. |
13 | | (8) A plan concerning the utilization of |
14 | | minority-owned and female-owned businesses and concerning |
15 | | the hiring of minorities and females. |
16 | | (9) Evidence the applicant used its best efforts to |
17 | | reach a goal of 25% ownership representation by minority |
18 | | persons and 5% ownership representation by females. |
19 | | (b) Applicants shall submit with their application all |
20 | | documents,
resolutions, and letters of support from the |
21 | | governing body that represents
the municipality or county |
22 | | wherein the licensee will be located dock .
|
23 | | (c) Each applicant shall disclose the identity of every |
24 | | person or entity ,
association, trust or corporation having a |
25 | | greater than 1% direct or
indirect pecuniary interest in the |
26 | | riverboat gambling operation with
respect to which the license |
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1 | | is sought. If the disclosed entity is a
trust, the application |
2 | | shall disclose the names and addresses of all the
|
3 | | beneficiaries; if a corporation, the names and
addresses of all |
4 | | stockholders and directors; if a partnership, the names
and |
5 | | addresses of all partners, both general and limited.
|
6 | | (d) An application shall be filed and considered in |
7 | | accordance with the rules of the Board. Each application shall |
8 | | be accompanied by a non-refundable An
application fee of |
9 | | $100,000. In addition, a non-refundable fee of $50,000 shall be |
10 | | paid at the time of filing
to defray the costs associated with |
11 | | the
background investigation conducted by the Board. If the |
12 | | costs of the
investigation exceed $50,000, the applicant shall |
13 | | pay the additional amount
to the Board within 7 days after |
14 | | requested by the Board . If the costs of the investigation are |
15 | | less than $50,000, the
applicant shall receive a refund of the |
16 | | remaining amount. All
information, records, interviews, |
17 | | reports, statements, memoranda or other
data supplied to or |
18 | | used by the Board in the course of its review or
investigation |
19 | | of an application for a license or a renewal under this Act |
20 | | shall be
privileged, strictly confidential and shall be used |
21 | | only for the purpose of
evaluating an applicant for a license |
22 | | or a renewal. Such information, records, interviews, reports,
|
23 | | statements, memoranda or other data shall not be admissible as |
24 | | evidence,
nor discoverable in any action of any kind in any |
25 | | court or before any
tribunal, board, agency or person, except |
26 | | for any action deemed necessary
by the Board. The application |
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1 | | fee shall be deposited into the Gaming Facilities Fee Revenue |
2 | | Fund.
|
3 | | (e) The Board shall charge each applicant a fee set by the |
4 | | Department of
State Police to defray the costs associated with |
5 | | the search and
classification of fingerprints obtained by the |
6 | | Board with respect to the
applicant's application. These fees |
7 | | shall be paid into the State Police
Services Fund.
|
8 | | (f) The licensed owner shall be the person primarily |
9 | | responsible for the
boat or casino itself. Only one riverboat |
10 | | gambling operation may be authorized
by the Board on any |
11 | | riverboat or in any casino . The applicant must identify the |
12 | | each riverboat or premises
it intends to use and certify that |
13 | | the riverboat or premises : (1) has the authorized
capacity |
14 | | required in this Act; (2) is accessible to persons with |
15 | | disabilities; and
(3) is fully registered and licensed in |
16 | | accordance
with any applicable laws.
|
17 | | (g) A person who knowingly makes a false statement on an |
18 | | application is
guilty of a Class A misdemeanor.
|
19 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
20 | | (230 ILCS 10/7) (from Ch. 120, par. 2407)
|
21 | | Sec. 7. Owners Licenses.
|
22 | | (a) The Board shall issue owners licenses to persons or |
23 | | entities , firms or
corporations which apply for such licenses |
24 | | upon payment to the Board of the
non-refundable license fee as |
25 | | provided in subsection (e) or (e-5) set by the Board, upon |
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1 | | payment of a $25,000
license fee for the first year of |
2 | | operation and a $5,000 license fee for
each succeeding year and |
3 | | upon a determination by the Board that the
applicant is |
4 | | eligible for an owners license pursuant to this Act , the |
5 | | Chicago Casino Development Authority Act, and the
rules of the |
6 | | Board. From the effective date of this amendatory Act of the |
7 | | 95th General Assembly until (i) 3 years after the effective |
8 | | date of this amendatory Act of the 95th General Assembly, (ii) |
9 | | the date any organization licensee begins to operate a slot |
10 | | machine or video game of chance under the Illinois Horse Racing |
11 | | Act of 1975 or this Act, (iii) the date that payments begin |
12 | | under subsection (c-5) of Section 13 of the Act, or (iv) the |
13 | | wagering tax imposed under Section 13 of this Act is increased |
14 | | by law to reflect a tax rate that is at least as stringent or |
15 | | more stringent than the tax rate contained in subsection (a-3) |
16 | | of Section 13, or (v) when an owners licensee holding a license |
17 | | issued pursuant to Section 7.1 of this Act begins conducting |
18 | | gaming, whichever occurs first, as a condition of licensure and |
19 | | as an alternative source of payment for those funds payable |
20 | | under subsection (c-5) of Section 13 of this the Riverboat |
21 | | Gambling Act, any owners licensee that holds or receives its |
22 | | owners license on or after the effective date of this |
23 | | amendatory Act of the 94th General Assembly, other than an |
24 | | owners licensee operating a riverboat with adjusted gross |
25 | | receipts in calendar year 2004 of less than $200,000,000, must |
26 | | pay into the Horse Racing Equity Trust Fund, in addition to any |
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1 | | other payments required under this Act, an amount equal to 3% |
2 | | of the adjusted gross receipts received by the owners licensee. |
3 | | The payments required under this Section shall be made by the |
4 | | owners licensee to the State Treasurer no later than 3:00 |
5 | | o'clock p.m. of the day after the day when the adjusted gross |
6 | | receipts were received by the owners licensee. A person , firm |
7 | | or entity corporation is ineligible to receive
an owners |
8 | | license if:
|
9 | | (1) the person has been convicted of a felony under the |
10 | | laws of this
State, any other state, or the United States;
|
11 | | (2) the person has been convicted of any violation of |
12 | | Article 28 of the
Criminal Code of 1961 or the Criminal |
13 | | Code of 2012, or substantially similar laws of any other |
14 | | jurisdiction;
|
15 | | (3) the person has submitted an application for a |
16 | | license under this
Act or the Chicago Casino Development |
17 | | Authority Act which contains false information;
|
18 | | (4) the person is
a member of the Board;
|
19 | | (5) a person defined in (1), (2), (3) or (4) is an |
20 | | officer, director or
managerial employee of the entity firm |
21 | | or corporation ;
|
22 | | (6) the entity firm or corporation employs a person |
23 | | defined in (1), (2), (3) or
(4) who participates in the |
24 | | management or operation of gambling operations
authorized |
25 | | under this Act or the Chicago Casino Development Authority |
26 | | Act ;
|
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1 | | (7) (blank); or
|
2 | | (8) a license of the person or entity , firm or |
3 | | corporation issued under
this Act or the Chicago Casino |
4 | | Development Authority Act , or a license to own or operate |
5 | | gambling facilities
in any other jurisdiction, has been |
6 | | revoked.
|
7 | | The Board is expressly prohibited from making changes to |
8 | | the requirement that licensees make payment into the Horse |
9 | | Racing Equity Trust Fund without the express authority of the |
10 | | Illinois General Assembly and making any other rule to |
11 | | implement or interpret this amendatory Act of the 95th General |
12 | | Assembly. For the purposes of this paragraph, "rules" is given |
13 | | the meaning given to that term in Section 1-70 of the Illinois |
14 | | Administrative Procedure Act. |
15 | | (a-1) Upon approval of the members of the Chicago Casino |
16 | | Development Board, the Chicago Casino Development Authority's |
17 | | executive director, and the Chicago casino operator licensee, |
18 | | the Board shall issue an owners license to the Chicago Casino |
19 | | Development Authority that authorizes the conduct of gambling |
20 | | operations in a casino located in the City of Chicago. |
21 | | (b) In determining whether to grant an owners license to an |
22 | | applicant other than the Chicago Casino Development Authority , |
23 | | the
Board shall consider:
|
24 | | (1) the character, reputation, experience and |
25 | | financial integrity of the
applicants and of any other or |
26 | | separate person that either:
|
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1 | | (A) controls, directly or indirectly, such |
2 | | applicant, or
|
3 | | (B) is controlled, directly or indirectly, by such |
4 | | applicant or by a
person which controls, directly or |
5 | | indirectly, such applicant;
|
6 | | (2) the facilities or proposed facilities for the |
7 | | conduct of riverboat
gambling;
|
8 | | (3) the highest prospective total revenue to be derived |
9 | | by the State
from the conduct of riverboat gambling;
|
10 | | (4) the extent to which the ownership of the applicant |
11 | | reflects the
diversity of the State by including minority |
12 | | persons, females, and persons with a disability
and the |
13 | | good faith affirmative action plan of
each applicant to |
14 | | recruit, train and upgrade minority persons, females, and |
15 | | persons with a disability in all employment |
16 | | classifications;
|
17 | | (5) the financial ability of the applicant to purchase |
18 | | and maintain
adequate liability and casualty insurance;
|
19 | | (6) whether the applicant has adequate capitalization |
20 | | to provide and
maintain, for the duration of a license, a |
21 | | riverboat or casino ;
|
22 | | (7) the extent to which the applicant exceeds or meets |
23 | | other standards
for the issuance of an owners license which |
24 | | the Board may adopt by rule;
and
|
25 | | (8) the The amount of the applicant's license bid ; .
|
26 | | (9) the extent to which the applicant or the proposed |
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1 | | host municipality plans to enter into revenue sharing |
2 | | agreements with communities other than the host |
3 | | municipality; and |
4 | | (10) the extent to which the ownership of an applicant |
5 | | includes the most qualified number of minority persons, |
6 | | females, and persons with a disability. |
7 | | (c) Each owners license shall specify the place where the |
8 | | casino riverboats shall
operate or the riverboat shall operate |
9 | | and dock.
|
10 | | (d) Each applicant shall submit with his application, on |
11 | | forms
provided by the Board, 2 sets of his fingerprints.
|
12 | | (e) In addition to any licenses authorized under subsection |
13 | | (e-5) of this Section, the The Board may issue up to 10 |
14 | | licenses authorizing the holders of such
licenses to own |
15 | | riverboats. In the application for an owners license, the
|
16 | | applicant shall state the dock at which the riverboat is based |
17 | | and the water
on which the riverboat will be located. The Board |
18 | | shall issue 5 licenses to
become effective not earlier than |
19 | | January 1, 1991. Three of such licenses
shall authorize |
20 | | riverboat gambling on the Mississippi River, or, with approval
|
21 | | by the municipality in which the
riverboat was docked on August |
22 | | 7, 2003 and with Board approval, be authorized to relocate to a |
23 | | new location,
in a
municipality that (1) borders on the |
24 | | Mississippi River or is within 5
miles of the city limits of a |
25 | | municipality that borders on the Mississippi
River and (2), on |
26 | | August 7, 2003, had a riverboat conducting riverboat gambling |
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1 | | operations pursuant to
a license issued under this Act; one of |
2 | | which shall authorize riverboat
gambling from a home dock in |
3 | | the city of East St. Louis. One other license
shall
authorize |
4 | | riverboat gambling on
the Illinois River in Tazewell County or, |
5 | | with Board approval, shall authorize the riverboat to relocate |
6 | | to a new location that is no more than 10 miles away from its |
7 | | original location, in a municipality that borders on the |
8 | | Illinois River or is within 5 miles of the city limits of a |
9 | | municipality that borders on the Illinois River south of |
10 | | Marshall County . The Board shall issue one
additional license |
11 | | to become effective not earlier than March 1, 1992, which
shall |
12 | | authorize riverboat gambling on the Des Plaines River in Will |
13 | | County.
The Board may issue 4 additional licenses to become |
14 | | effective not
earlier than
March 1, 1992. In determining the |
15 | | water upon which riverboats will operate,
the Board shall |
16 | | consider the economic benefit which riverboat gambling confers
|
17 | | on the State, and shall seek to assure that all regions of the |
18 | | State share
in the economic benefits of riverboat gambling.
|
19 | | In granting all licenses, the Board may give favorable |
20 | | consideration to
economically depressed areas of the State, to |
21 | | applicants presenting plans
which provide for significant |
22 | | economic development over a large geographic
area, and to |
23 | | applicants who currently operate non-gambling riverboats in
|
24 | | Illinois.
The Board shall review all applications for owners |
25 | | licenses,
and shall inform each applicant of the Board's |
26 | | decision.
The Board may grant an owners license to an
applicant |
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1 | | that has not submitted the highest license bid, but if it does |
2 | | not
select the highest bidder, the Board shall issue a written |
3 | | decision explaining
why another
applicant was selected and |
4 | | identifying the factors set forth in this Section
that favored |
5 | | the winning bidder. The fee for issuance or renewal of a |
6 | | license pursuant to this subsection (e) shall be $100,000.
|
7 | | (e-5) In addition to licenses authorized under subsection |
8 | | (e) of this Section: |
9 | | (1) the Board shall issue one owners license |
10 | | authorizing the conduct of casino gambling in the City of |
11 | | Chicago; |
12 | | (2) the Board may issue one owners license authorizing |
13 | | the conduct of riverboat gambling in the City of Danville; |
14 | | (3) the Board may issue one owners license authorizing |
15 | | the conduct of riverboat gambling located in one of the |
16 | | following municipalities in Lake County: Park City, North |
17 | | Chicago, or Waukegan; |
18 | | (4) the Board may issue one owners license authorizing |
19 | | the conduct of riverboat gambling in the City of Rockford; |
20 | | (5) the Board may issue one owners license authorizing |
21 | | the conduct of riverboat gambling in a municipality that is |
22 | | wholly or partially located in one of the following |
23 | | townships of Cook County: Bloom, Bremen, Calumet, Rich, |
24 | | Thornton, or Worth Township; and |
25 | | (6) the Board may issue one owners license authorizing |
26 | | the conduct of riverboat gambling in the unincorporated |
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1 | | area of Williamson County adjacent to the Big Muddy River. |
2 | | Each application for a license pursuant to this subsection |
3 | | (e-5) shall be submitted to the Board no later than 6 months |
4 | | after the effective date of this amendatory Act of the 100th |
5 | | General Assembly and shall include the non-refundable |
6 | | application fee and the non-refundable background |
7 | | investigation fee as provided in subsection (d) of Section 6 of |
8 | | this Act. In the event that an applicant submits an application |
9 | | for a license pursuant to this subsection (e-5) prior to the |
10 | | effective date of this amendatory Act of the 100th General |
11 | | Assembly, such applicant shall submit the non-refundable |
12 | | application fee and background investigation fee as provided in |
13 | | subsection (d) of Section 6 of this Act no later than 6 months |
14 | | after the effective date of this amendatory Act of the 100th |
15 | | General Assembly. |
16 | | The Board shall consider issuing a license pursuant to |
17 | | paragraphs (2) through (6) of this subsection only after the |
18 | | corporate authority of the municipality or the county board of |
19 | | the county in which the riverboat shall be located has |
20 | | certified to the Board the following: |
21 | | (i) that the applicant has negotiated with the |
22 | | corporate authority or county board in good faith; |
23 | | (ii) that the applicant and the corporate authority or |
24 | | county board have mutually agreed on the permanent location |
25 | | of the riverboat; |
26 | | (iii) that the applicant and the corporate authority or |
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1 | | county board have mutually agreed on the temporary location |
2 | | of the riverboat; |
3 | | (iv) that the applicant and the corporate authority or |
4 | | the county board have mutually agreed on the percentage of |
5 | | revenues that will be shared with the municipality or |
6 | | county, if any; and |
7 | | (v) that the applicant and the corporate authority or |
8 | | county board have mutually agreed on any zoning, licensing, |
9 | | public health, or other issues that are within the |
10 | | jurisdiction of the municipality or county. |
11 | | At least 7 days before the corporate authority of a |
12 | | municipality or county board of the county submits a |
13 | | certification to the Board concerning items (i) through (v) of |
14 | | this subsection, it shall hold a public hearing to discuss |
15 | | items (i) through (v), as well as any other details concerning |
16 | | the proposed riverboat in the municipality or county. The |
17 | | corporate authority or county board must subsequently |
18 | | memorialize the details concerning the proposed riverboat in a |
19 | | resolution that must be adopted by a majority of the corporate |
20 | | authority or county board before any certification is sent to |
21 | | the Board. The Board shall not alter, amend, change, or |
22 | | otherwise interfere with any agreement between the applicant |
23 | | and the corporate authority of the municipality or county board |
24 | | of the county regarding the location of any temporary or |
25 | | permanent facility. |
26 | | In addition, prior to the Board issuing the owners license |
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1 | | authorized under paragraph (4) of subsection (e-5), an impact |
2 | | study shall be completed to determine what location in the city |
3 | | will provide the greater impact to the region, including the |
4 | | creation of jobs and the generation of tax revenue. |
5 | | (e-10) The licenses authorized under subsection (e-5) of |
6 | | this Section shall be issued within 12 months after the date |
7 | | the license application is submitted. If the Board does not |
8 | | issue the licenses within that time period, then the Board |
9 | | shall give a written explanation to the applicant as to why it |
10 | | has not reached a determination and when it reasonably expects |
11 | | to make a determination. The fee for the issuance or renewal of |
12 | | a license issued pursuant to this subsection (e-10) shall be |
13 | | $100,000. Additionally, a licensee located outside of Cook |
14 | | County shall pay a minimum initial fee of $17,500 per gaming |
15 | | position, and a licensee located in Cook County shall pay a |
16 | | minimum initial fee of $30,000 per gaming position. The initial |
17 | | fees payable under this subsection (e-10) shall be deposited |
18 | | into the Gaming Facilities Fee Revenue Fund. |
19 | | (e-15) Each licensee of a license authorized under |
20 | | subsection (e-5) of this Section shall make a reconciliation |
21 | | payment 3 years after the date the licensee begins operating in |
22 | | an amount equal to 75% of the adjusted gross receipts for the |
23 | | most lucrative 12-month period of operations, minus an amount |
24 | | equal to the initial payment per gaming position paid by the |
25 | | specific licensee. If this calculation results in a negative |
26 | | amount, then the licensee is not entitled to any
reimbursement |
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1 | | of fees previously paid. This reconciliation payment may be |
2 | | made in installments over a period of no more than 2 years, |
3 | | subject to Board approval. Any installment payments shall |
4 | | include an annual market interest rate as determined by the |
5 | | Board. All payments by licensees under this subsection (e-15) |
6 | | shall be deposited into the Gaming Facilities Fee Revenue Fund. |
7 | | (e-20) In addition to any other revocation powers granted |
8 | | to the Board under this
Act,
the Board may revoke the owners |
9 | | license of a licensee , other than the Chicago Casino |
10 | | Development Authority, which fails
to begin conducting |
11 | | gambling within 15 months
of receipt of the
Board's approval of |
12 | | the application if the Board determines that license
revocation |
13 | | is in the best interests of the State.
|
14 | | (f) The first 10 owners licenses issued under this Act |
15 | | shall permit the
holder to own up to 2 riverboats and equipment |
16 | | thereon
for a period of 3 years after the effective date of the |
17 | | license. Holders of
the first 10 owners licenses must pay the |
18 | | annual license fee for each of
the 3
years during which they |
19 | | are authorized to own riverboats.
|
20 | | (g) Upon the termination, expiration, or revocation of each |
21 | | of the first
10 licenses, which shall be issued for a 3 year |
22 | | period, all licenses are
renewable annually upon payment of the |
23 | | fee and a determination by the Board
that the licensee |
24 | | continues to meet all of the requirements of this Act and the
|
25 | | Board's rules.
However, for licenses renewed on or after May 1, |
26 | | 1998, including casino operator licenses, renewal shall be
for |
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1 | | a period of 4 years, unless the Board sets a shorter period. |
2 | | Notwithstanding any provision in this subsection (g) to the |
3 | | contrary, any license that is awarded to the Chicago Casino |
4 | | Development Authority shall not expire, but it shall be subject |
5 | | to the provisions of this Act and the rules of the Board.
|
6 | | (h) An owners license , except for an owners license issued |
7 | | under subsection (e-5) of this Section, shall entitle the |
8 | | licensee to own up to 2
riverboats. |
9 | | An owners licensee of a casino or riverboat that is located |
10 | | in the City of Chicago pursuant to paragraph (1) of subsection |
11 | | (e-5) of this Section shall limit the number of gaming |
12 | | positions to 4,000 for such owner. An owners licensee |
13 | | authorized under paragraphs (2) through (5) of subsection (e-5) |
14 | | of this Section shall limit the number of gaming positions to |
15 | | 1,600 for any such owners license, except as further provided |
16 | | in subsection (h-10) of this Section. An owners licensee |
17 | | authorized under paragraph (6) of subsection (e-5) of this |
18 | | Section A licensee shall limit the number of gaming positions |
19 | | gambling participants to
1,200 for any such owner. The initial |
20 | | fee for each gaming position obtained on or after the effective |
21 | | date of this amendatory Act of the 100th General Assembly shall |
22 | | be a minimum of $17,500 for licensees not located in Cook |
23 | | County and a minimum of $30,000 for licensees located in Cook |
24 | | County, in addition to the reconciliation payment, as set forth |
25 | | in subsections (e-15) or (h-5) of this Section owners license .
|
26 | | Each owners licensee shall reserve its gaming positions |
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1 | | within 90 days after issuance of its owners license. The Board |
2 | | may grant an extension to this 90-day period, provided that the |
3 | | owners licensee submits a written request and explanation as to |
4 | | why it is unable to reserve its positions within the 90-day |
5 | | period. |
6 | | A licensee may operate both of its riverboats concurrently, |
7 | | provided that the
total number of gaming positions gambling |
8 | | participants on both riverboats does not exceed the limit |
9 | | established pursuant to this subsection and subsection (h-10) |
10 | | of this Section
1,200 . Riverboats licensed to operate on the
|
11 | | Mississippi River and the Illinois River south of Marshall |
12 | | County shall
have an authorized capacity of at least 500 |
13 | | persons. Any other riverboat
licensed under this Act shall have |
14 | | an authorized capacity of at least 400
persons.
|
15 | | (h-5) An owners licensee who conducted gambling operations |
16 | | prior to January 1, 2012 and purchases positions pursuant to |
17 | | subsection (h-10) of this Section on or after the effective |
18 | | date of this amendatory Act of the 100th General Assembly must |
19 | | pay a minimum initial fee of $17,500 per gaming position if the |
20 | | licensee is located outside Cook County and a minimum initial |
21 | | fee of $30,000 per gaming position if the licensee is located |
22 | | in Cook County, as stated in subsection (h) of this Section. |
23 | | These initial fees shall be deposited into the Gaming |
24 | | Facilities Fee Revenue Fund. Additionally, that owners |
25 | | licensee shall make a reconciliation payment 3 years after any |
26 | | additional gaming positions obtained pursuant to subsection |
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1 | | (h-10) begin operating in an amount equal to 75% of the owners |
2 | | licensee's average gross receipts for the most lucrative |
3 | | 12-month period of operations minus an amount equal to the |
4 | | initial fee that the owners licensee paid per additional gaming |
5 | | position. For purposes of this subsection (h-5), "average gross |
6 | | receipts" means (i) the increase in adjusted gross receipts for |
7 | | the most lucrative 12-month period of operations over the |
8 | | adjusted gross receipts for 2017, multiplied by (ii) the |
9 | | percentage derived by dividing the number of additional gaming |
10 | | positions that an owners licensee had obtained pursuant to |
11 | | subsection (h-10) by the total number of gaming positions |
12 | | operated by the owners licensee. If this calculation results in |
13 | | a negative amount, then the owners licensee is not entitled to |
14 | | any reimbursement of fees previously paid. This reconciliation |
15 | | payment may be made in installments over a period of no more |
16 | | than 2 years, subject to Board approval. Any installment |
17 | | payments shall include an annual market interest rate as |
18 | | determined by the Board. These reconciliation payments shall be |
19 | | deposited into the Gaming Facilities Fee Revenue Fund. |
20 | | (h-10) For owners licensees authorized under paragraphs |
21 | | (2) through (5) of subsection (e-5) of this Section, the |
22 | | application for such new owners licenses shall ask the |
23 | | applicants to stipulate in their applications the number of |
24 | | gaming positions each applicant would like to reserve, up to |
25 | | 1,600 gaming positions. Once the last winning applicant for |
26 | | each of these owners licenses has been selected by the Board, |
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1 | | the Board shall publish the number of gaming positions reserved |
2 | | and unreserved by each winning applicant, shall accept requests |
3 | | for additional gaming positions from any winning applicants or |
4 | | owners licensee who initially reserved 1,600 gaming positions, |
5 | | and shall allocate expeditiously the unreserved gaming |
6 | | positions to such requesting winning applicants or owners |
7 | | licensees in a manner to maximize revenue to the State; |
8 | | provided, however, that no owners licensee (other than the |
9 | | Chicago Casino Development Authority) shall obtain more than |
10 | | 2,000 positions total. The Board may allocate any such unused |
11 | | gaming positions through a competitive bidding process |
12 | | pursuant to Section 7.5 of this Act. |
13 | | In the event that not all of the unreserved gaming |
14 | | positions described in the first and second paragraphs of this |
15 | | subsection (h-10) were requested by owners licensees and |
16 | | applicants, then until there are no longer unreserved gaming |
17 | | positions, the Board periodically shall govern a process to |
18 | | allocate the unreserved gaming positions in a manner to |
19 | | maximize revenue to the State. |
20 | | Unreserved gaming positions retained from and allocated to |
21 | | owners licensees by the Board pursuant to this subsection |
22 | | (h-10) shall not be allocated to electronic gaming licensees |
23 | | pursuant to subsection (e) of Section 7.7 of this Act. |
24 | | (i) A licensed owner is authorized to apply to the Board |
25 | | for and, if
approved therefor, to receive all licenses from the |
26 | | Board necessary for the
operation of a riverboat or a casino , |
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1 | | including a liquor license, a license
to prepare and serve food |
2 | | for human consumption, and other necessary
licenses. All use, |
3 | | occupation and excise taxes which apply to the sale of
food and |
4 | | beverages in this State and all taxes imposed on the sale or |
5 | | use
of tangible personal property apply to such sales aboard |
6 | | the riverboat or in the casino .
|
7 | | (j) The Board may issue or re-issue a license authorizing a |
8 | | riverboat to
dock
in a municipality or approve a relocation |
9 | | under Section 11.2 only if, prior
to the issuance or |
10 | | re-issuance of
the license or approval, the governing body of |
11 | | the municipality in which
the riverboat will dock has by a |
12 | | majority vote approved the docking of
riverboats in the |
13 | | municipality. The Board may issue or re-issue a license
|
14 | | authorizing a
riverboat to dock in areas of a county outside |
15 | | any municipality or approve a
relocation under Section 11.2 |
16 | | only if, prior to the issuance or re-issuance
of the license
or |
17 | | approval, the
governing body of the county has by a majority |
18 | | vote approved of the docking of
riverboats within such areas.
|
19 | | (k) An owners licensee may conduct land-based gambling |
20 | | operations upon approval by the Board. |
21 | | (l) An owners licensee may conduct gaming at a temporary |
22 | | facility pending the construction of a permanent facility or |
23 | | the remodeling or relocation of an existing facility to |
24 | | accommodate gaming participants for up to 24 months after the |
25 | | temporary facility begins to conduct gaming. Upon request by an |
26 | | owners licensee and upon a showing of good cause by the owners |
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1 | | licensee, the Board shall extend the period during which the |
2 | | licensee may conduct gaming at a temporary facility by up to 12 |
3 | | months. The Board shall make rules concerning the conduct of |
4 | | gaming from temporary facilities. |
5 | | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
|
6 | | (230 ILCS 10/7.3)
|
7 | | Sec. 7.3. State conduct of gambling operations.
|
8 | | (a) If, after reviewing each application for a re-issued |
9 | | license, the
Board determines that the highest prospective |
10 | | total revenue to the State would
be derived from State conduct |
11 | | of the gambling operation in lieu of re-issuing
the license, |
12 | | the Board shall inform each applicant of its decision. The |
13 | | Board
shall thereafter have the authority, without obtaining an |
14 | | owners license, to
conduct casino or riverboat gambling |
15 | | operations as
previously authorized by the terminated, |
16 | | expired, revoked, or nonrenewed
license through a licensed |
17 | | manager selected pursuant to an open and competitive
bidding
|
18 | | process as set forth in Section 7.5 and as provided in Section |
19 | | 7.4.
|
20 | | (b) The Board may locate any casino or riverboat on which a |
21 | | gambling operation is
conducted by the State in any home dock |
22 | | or other location authorized by Section 3(c)
upon receipt of |
23 | | approval from a majority vote of the governing body of the
|
24 | | municipality or county, as the case may be, in which the |
25 | | riverboat will dock.
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1 | | (c) The Board shall have jurisdiction over and shall |
2 | | supervise all
gambling operations conducted by the State |
3 | | provided for in this Act and the Chicago Casino Development |
4 | | Authority Act and shall
have all powers necessary and proper to |
5 | | fully and effectively execute the
provisions of this Act and |
6 | | the Chicago Casino Development Authority Act relating to |
7 | | gambling operations conducted by the State.
|
8 | | (d) The maximum number of owners licenses authorized under |
9 | | Section 7
7(e)
shall be reduced by one for each instance in |
10 | | which the Board authorizes the
State to conduct a casino or |
11 | | riverboat gambling operation under subsection (a) in lieu of
|
12 | | re-issuing a license to an applicant under Section 7.1.
|
13 | | (Source: P.A. 93-28, eff. 6-20-03.)
|
14 | | (230 ILCS 10/7.5)
|
15 | | Sec. 7.5. Competitive Bidding. When the Board determines |
16 | | that (i) it will re-issue an owners license pursuant to
an
open |
17 | | and competitive bidding process, as set forth in Section 7.1, |
18 | | (ii) or that it
will issue a managers license pursuant to an |
19 | | open and competitive bidding
process, as set forth in Section |
20 | | 7.4, (iii) it will issue an owners license pursuant to an open |
21 | | and competitive bidding process, as set forth in Section 7.12, |
22 | | or (iv) it will allocate unused gaming positions pursuant to an |
23 | | open and competitive bidding process, as set forth in |
24 | | subsection (h-10) of Section 7, the open and competitive |
25 | | bidding process
shall adhere to the following procedures:
|
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1 | | (1) The Board shall make applications for owners and |
2 | | managers
licenses available to the public and allow a |
3 | | reasonable time for applicants to
submit applications to the |
4 | | Board.
|
5 | | (2) During the filing period for owners or managers license |
6 | | applications,
the
Board may retain the services of an |
7 | | investment banking firm to assist the Board
in conducting the |
8 | | open and competitive bidding process.
|
9 | | (3) After receiving all of the bid proposals, the Board |
10 | | shall open all of
the
proposals in a public forum and disclose |
11 | | the prospective owners or managers
names, venture partners, if |
12 | | any, and, in the case of applicants for owners
licenses, the |
13 | | locations of the proposed development sites.
|
14 | | (4) The Board shall summarize the terms of the proposals |
15 | | and may make this
summary available to the public.
|
16 | | (5) The Board shall evaluate the proposals within a |
17 | | reasonable time and
select no
more than 3 final applicants to |
18 | | make presentations of their
proposals to the Board.
|
19 | | (6) The final applicants shall make their presentations to |
20 | | the
Board on
the same day during an open session of the Board.
|
21 | | (7) As soon as practicable after the public presentations |
22 | | by the final
applicants,
the Board, in its
discretion, may |
23 | | conduct further negotiations among the 3 final applicants.
|
24 | | During such negotiations, each final applicant may increase its |
25 | | license bid or
otherwise enhance its bid proposal. At the |
26 | | conclusion of such
negotiations, the Board shall
select the |
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1 | | winning proposal. In the case of negotiations for
an owners |
2 | | license, the Board may, at the conclusion of such negotiations,
|
3 | | make the determination allowed under Section 7.3(a).
|
4 | | (8) Upon selection of a winning bid, the Board shall |
5 | | evaluate the winning
bid
within a reasonable period of time for |
6 | | licensee suitability in accordance with
all applicable |
7 | | statutory and regulatory criteria.
|
8 | | (9) If the winning bidder is unable or otherwise fails to
|
9 | | consummate the transaction, (including if the Board determines |
10 | | that the winning
bidder does not satisfy the suitability |
11 | | requirements), the Board may, on the
same criteria, select from |
12 | | the remaining bidders or make the determination
allowed under |
13 | | Section 7.3(a).
|
14 | | (Source: P.A. 93-28, eff. 6-20-03.)
|
15 | | (230 ILCS 10/7.7 new) |
16 | | Sec. 7.7. Electronic gaming. |
17 | | (a) The General Assembly finds that the horse racing and |
18 | | riverboat gambling industries share many similarities and |
19 | | collectively comprise the bulk of the State's gaming industry. |
20 | | One feature common to both industries is that each is highly |
21 | | regulated by the State of Illinois. The General Assembly |
22 | | further finds, however, that despite their shared features each |
23 | | industry is distinct from the other in that horse racing is and |
24 | | continues to be intimately tied to Illinois' agricultural |
25 | | economy and is, at its core, a spectator sport. This |
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1 | | distinction requires the General Assembly to utilize different |
2 | | methods to regulate and promote the horse racing industry |
3 | | throughout the State. The General Assembly finds that in order |
4 | | to promote live horse racing as a spectator sport in Illinois |
5 | | and the agricultural economy of this State, it is necessary to |
6 | | allow electronic gaming at Illinois race tracks as an ancillary |
7 | | use given the success of other states in increasing live racing |
8 | | purse accounts and improving the quality of horses |
9 | | participating in horse race meetings. |
10 | | (b) The Illinois Gaming Board shall award one electronic |
11 | | gaming license to each person or entity having operating |
12 | | control of a race track that applies under Section 56 of the |
13 | | Illinois Horse Racing Act of 1975, subject to the application |
14 | | and eligibility requirements of this Section. Within 60 days |
15 | | after the effective date of this amendatory Act of the 100th |
16 | | General Assembly, a person or entity having operating control |
17 | | of a race track may submit an application for an electronic |
18 | | gaming license. The application shall be made on such forms as |
19 | | provided by the Board and shall contain such information as the |
20 | | Board prescribes, including, but not limited to, the identity |
21 | | of any race track at which electronic gaming will be conducted, |
22 | | detailed information regarding the ownership and management of |
23 | | the applicant, and detailed personal information regarding the |
24 | | applicant. The application shall specify the number of gaming |
25 | | positions the applicant intends to use and the place where the |
26 | | electronic gaming facility will operate. A person who knowingly |
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1 | | makes a false statement on an application is guilty of a Class |
2 | | A misdemeanor. |
3 | | Each applicant shall disclose the identity of every person |
4 | | or entity having a direct or indirect pecuniary interest |
5 | | greater than 1% in any race track with respect to which the |
6 | | license is sought. If the disclosed entity is a corporation, |
7 | | the applicant shall disclose the names and addresses of all |
8 | | stockholders and directors. If the disclosed entity is a |
9 | | limited liability company, the applicant shall disclose the |
10 | | names and addresses of all members and managers. If the |
11 | | disclosed entity is a partnership, the applicant shall disclose |
12 | | the names and addresses of all partners, both general and |
13 | | limited. If the disclosed entity is a trust, the applicant |
14 | | shall disclose the names and addresses of all beneficiaries. |
15 | | An application shall be filed and considered in accordance |
16 | | with the rules of the Board. Each application for an electronic |
17 | | gaming license shall include a non-refundable application fee |
18 | | of $100,000. In addition, a non-refundable fee of $50,000 shall |
19 | | be paid at the time of filing to defray the costs associated |
20 | | with background investigations conducted by the Board. If the |
21 | | costs of the background investigation exceed $50,000, the |
22 | | applicant shall pay the additional amount to the Board within 7 |
23 | | days after a request by the Board. If the costs of the |
24 | | investigation are less than $50,000, the applicant shall |
25 | | receive a refund of the remaining amount. All information, |
26 | | records, interviews, reports, statements, memoranda, or other |
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1 | | data supplied to or used by the Board in the course of this |
2 | | review or investigation of an applicant for an electronic |
3 | | gaming license under this Act shall be privileged and strictly |
4 | | confidential and shall be used only for the purpose of |
5 | | evaluating an applicant for an electronic gaming license or a |
6 | | renewal. Such information, records, interviews, reports, |
7 | | statements, memoranda, or other data shall not be admissible as |
8 | | evidence nor discoverable in any action of any kind in any |
9 | | court or before any tribunal, board, agency or person, except |
10 | | for any action deemed necessary by the Board. The application |
11 | | fee shall be deposited into the Gaming Facilities Fee Revenue |
12 | | Fund. |
13 | | Each applicant shall submit with his or her application, on |
14 | | forms provided by the Board, 2 sets of his or her fingerprints. |
15 | | The Board shall charge each applicant a fee set by the |
16 | | Department of State Police to defray the costs associated with |
17 | | the search and classification of fingerprints obtained by the |
18 | | Board with respect to the applicant's application. This fee |
19 | | shall be paid into the State Police Services Fund. |
20 | | (c) The Board shall determine within 120 days after |
21 | | receiving an application for an electronic gaming license |
22 | | whether to grant an electronic gaming license to the applicant. |
23 | | If the Board does not make a determination within that time |
24 | | period, then the Board shall give a written explanation to the |
25 | | applicant as to why it has not reached a determination and when |
26 | | it reasonably expects to make a determination. |
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1 | | The electronic gaming licensee shall purchase up to the |
2 | | amount of electronic gaming positions authorized under this Act |
3 | | within 120 days after receiving its electronic gaming license. |
4 | | If an electronic gaming licensee is prepared to purchase the |
5 | | electronic gaming positions, but is temporarily prohibited |
6 | | from doing so by order of a court of competent jurisdiction or |
7 | | the Board, then the 120-day period is tolled until a resolution |
8 | | is reached. |
9 | | An electronic gaming license shall authorize its holder to |
10 | | conduct gaming under this Act at its racetracks on the same |
11 | | days of the year and hours of the day that owner licenses are |
12 | | allowed to operate under approval of the Board. |
13 | | A license to conduct electronic gaming and any renewal of |
14 | | an electronic gaming license shall authorize electronic gaming |
15 | | for a period of 4 years. The fee for the issuance or renewal of |
16 | | an electronic gaming license shall be $100,000. |
17 | | (d) To be eligible to conduct electronic gaming, a person |
18 | | or entity having operating control of a race track must (i) |
19 | | obtain an electronic gaming license, (ii) hold an organization |
20 | | license under the Illinois Horse Racing Act of 1975, (iii) hold |
21 | | an inter-track wagering license, (iv) pay an initial fee of |
22 | | $30,000 per gaming position from electronic gaming licensees |
23 | | where electronic gaming is conducted in Cook County and $17,500 |
24 | | for electronic gaming licensees where electronic gaming is |
25 | | located outside of Cook County before beginning to conduct |
26 | | electronic gaming plus make the reconciliation payment |
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1 | | required under subsection (i), (v) conduct at least 240 live |
2 | | races at each track per year or for a licensee that is only |
3 | | authorized 350 gaming positions pursuant to subsection (d) of |
4 | | Section 7.7 of this Act, have a fully operational facility |
5 | | running at least 96 live races over a period of at least 15 |
6 | | days per year until such time as the total number of gaming |
7 | | positions is increased to 900, (vi) meet the requirements of |
8 | | subsection (a) of Section 56 of the Illinois Horse Racing Act |
9 | | of 1975, (vii) for organization licensees conducting |
10 | | standardbred race meetings that had an open backstretch in |
11 | | 2009, keep backstretch barns and dormitories open and |
12 | | operational year-round unless a lesser schedule is mutually |
13 | | agreed to by the organization licensee and the horsemen's |
14 | | association racing at that organization licensee's race |
15 | | meeting, (viii) for organization licensees conducting |
16 | | thoroughbred race meetings, the organization licensee must |
17 | | maintain accident medical expense liability insurance coverage |
18 | | of $1,000,000 for jockeys, and (ix) meet all other requirements |
19 | | of this Act that apply to owners licensees. Only those persons |
20 | | or entities (or its successors or assigns) that had operating |
21 | | control of a race track and held an inter-track wagering |
22 | | license authorized by the Illinois Racing Board in 2009 are |
23 | | eligible. |
24 | | An electronic gaming licensee may enter into a joint |
25 | | venture with a licensed owner to own, manage, conduct, or |
26 | | otherwise operate the electronic gaming licensee's electronic |
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1 | | gaming facilities, unless the electronic gaming licensee has a |
2 | | parent company or other affiliated company that is, directly or |
3 | | indirectly, wholly owned by a parent company that is also |
4 | | licensed to conduct electronic gaming, casino gaming, or their |
5 | | equivalent in another state. |
6 | | All payments by licensees under this subsection (c) shall |
7 | | be deposited into the Gaming Facilities Fee Revenue Fund. |
8 | | (e) A person or entity is ineligible to receive an |
9 | | electronic gaming license if: |
10 | | (1) the person or entity has been convicted of a felony |
11 | | under the laws of this State, any other state, or the |
12 | | United States, including a conviction under the Racketeer |
13 | | Influenced and Corrupt Organizations Act; |
14 | | (2) the person or entity has been convicted of any |
15 | | violation of Article 28 of the Criminal Code of 2012, or |
16 | | substantially similar laws of any other jurisdiction; |
17 | | (3) the person or entity has submitted an application |
18 | | for a license under this Act that contains false |
19 | | information; |
20 | | (4) the person is a member of the Board; |
21 | | (5) a person defined in (1), (2), (3), or (4) of this |
22 | | subsection (e) is an officer, director, or managerial |
23 | | employee of the entity; |
24 | | (6) the person or entity employs a person defined in |
25 | | (1), (2), (3), or (4) of this subsection (e) who |
26 | | participates in the management or operation of gambling |
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1 | | operations authorized under this Act; or |
2 | | (7) a license of the person or entity issued under this |
3 | | Act or a license to own or operate gambling facilities in |
4 | | any other jurisdiction has been revoked. |
5 | | (f) The Board may approve electronic gaming positions |
6 | | statewide as provided in this Section. The authority to operate |
7 | | electronic gaming positions under this Section shall be |
8 | | allocated as follows: up to 1,200 gaming positions for any |
9 | | electronic gaming licensee in Cook County whose electronic |
10 | | gaming license originates with an organization licensee that |
11 | | conducted live racing in calendar year 2016; up to 900 gaming |
12 | | positions for any electronic gaming licensee outside of Cook |
13 | | County whose electronic gaming license originates with an |
14 | | organization licensee that conducted live racing in calendar |
15 | | year 2016; and up to 350 gaming positions for any electronic |
16 | | gaming licensee whose electronic gaming license originates |
17 | | with an organization licensee that did not conduct live racing |
18 | | in calendar year 2010, which shall increase to 900 gaming |
19 | | positions in the calendar year following the year in which the |
20 | | electronic gaming licensee conducts 96 live races. |
21 | | (g) Each applicant for an electronic gaming license shall |
22 | | specify in its application for licensure the number of gaming |
23 | | positions it will operate, up to the applicable limitation set |
24 | | forth in subsection (f) of this Section. Any unreserved gaming |
25 | | positions that are not specified shall be forfeited and |
26 | | retained by the Board. For the purposes of this subsection (g), |
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1 | | an electronic gaming licensee that did not conduct live racing |
2 | | in 2010 may reserve up to 900 positions and shall not be |
3 | | penalized under this Section for not operating those positions |
4 | | until it meets the requirements of subsection (f) of this |
5 | | Section, but such licensee shall not request unreserved gaming |
6 | | positions under this subsection (g) until its 900 positions are |
7 | | all operational. |
8 | | Thereafter, the Board shall publish the number of |
9 | | unreserved electronic gaming positions and shall accept |
10 | | requests for additional positions from any electronic gaming |
11 | | licensee that initially reserved all of the positions that were |
12 | | offered. The Board shall allocate expeditiously the unreserved |
13 | | electronic gaming positions to requesting electronic gaming |
14 | | licensees in a manner that maximizes revenue to the State. The |
15 | | Board may allocate any such unused electronic gaming positions |
16 | | pursuant to an open and competitive bidding process, as |
17 | | provided under Section 7.5 of this Act. This process shall |
18 | | continue until all unreserved gaming positions have been |
19 | | purchased. All positions obtained pursuant to this process and |
20 | | all positions the electronic gaming licensee specified it would |
21 | | operate in its application must be in operation within 18 |
22 | | months after they were obtained or the electronic gaming |
23 | | licensee forfeits the right to operate those positions, but is |
24 | | not entitled to a refund of any fees paid. The Board may, after |
25 | | holding a public hearing, grant extensions so long as the |
26 | | electronic gaming licensee is working in good faith to make the |
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1 | | positions operational. The extension may be for a period of 6 |
2 | | months. If, after the period of the extension, the electronic |
3 | | gaming licensee has not made the positions operational, then |
4 | | another public hearing must be held by the Board before it may |
5 | | grant another extension. |
6 | | Unreserved gaming positions retained from and allocated to |
7 | | electronic gaming licensees by the Board pursuant to this |
8 | | subsection (g) shall not be allocated to owners licensees |
9 | | pursuant to subsection (h-10) of Section 7 of this Act. |
10 | | For the purpose of this subsection (g), the unreserved |
11 | | gaming positions for each electronic gaming licensee shall be |
12 | | the applicable limitation set forth in subsection (f) of this |
13 | | Section, less the number of reserved gaming positions by such |
14 | | electronic gaming licensee, and the total unreserved gaming |
15 | | positions shall be the aggregate of the unreserved gaming |
16 | | positions for all electronic gaming licensees. |
17 | | (h) Subject to the approval of the Illinois Gaming Board, |
18 | | an electronic gaming licensee may make modification or |
19 | | additions to any existing buildings and structures to comply |
20 | | with the requirements of this Act. The Illinois Gaming Board |
21 | | shall make its decision after consulting with the Illinois |
22 | | Racing Board. In no case, however, shall the Illinois Gaming |
23 | | Board approve any modification or addition that alters the |
24 | | grounds of the organization licensee such that the act of live |
25 | | racing is an ancillary activity to electronic gaming.
|
26 | | Electronic gaming may take place in existing structures where |
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1 | | 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. |
5 | | (i) An electronic gaming licensee may conduct electronic |
6 | | gaming at a temporary facility pending the construction of a |
7 | | permanent facility or the remodeling or relocation of an |
8 | | existing facility to accommodate electronic gaming |
9 | | participants for up to 24 months after the temporary facility |
10 | | begins to conduct electronic gaming. Upon request by an |
11 | | electronic gaming licensee and upon a showing of good cause by |
12 | | the electronic gaming licensee, the Board shall extend the |
13 | | period during which the licensee may conduct electronic gaming |
14 | | at a temporary facility by up to 12 months. The Board shall |
15 | | make rules concerning the conduct of electronic gaming from |
16 | | temporary facilities. |
17 | | Electronic gaming may take place in existing structures |
18 | | where inter-track wagering is conducted at the race track or a |
19 | | facility within 300 yards of the race track in accordance with |
20 | | the provisions of this Act and the Illinois Horse Racing Act of |
21 | | 1975. |
22 | | (j) The Illinois Gaming Board must adopt emergency rules in |
23 | | accordance with Section 5-45 of the Illinois Administrative |
24 | | Procedure Act as necessary to ensure compliance with the |
25 | | provisions of this amendatory Act of the 100th General Assembly
|
26 | | concerning electronic gaming. The adoption of emergency rules |
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1 | | authorized by this subsection (j) shall be deemed to be |
2 | | necessary for the public interest, safety, and welfare. |
3 | | (k) Each electronic gaming licensee who obtains electronic |
4 | | gaming positions must make a reconciliation payment 3 years |
5 | | after the date the electronic gaming licensee begins operating |
6 | | the positions in an amount equal to 75% of the difference |
7 | | between its adjusted gross receipts from electronic gaming and |
8 | | amounts paid to its purse accounts pursuant to item (1) of |
9 | | subsection (b) of Section 56 of the Illinois Horse Racing Act |
10 | | of 1975 for the 12-month period for which such difference was |
11 | | the largest, minus an amount equal to the initial per position |
12 | | fee paid by the electronic gaming licensee. If this calculation |
13 | | results in a negative amount, then the electronic gaming |
14 | | licensee is not entitled to any reimbursement of fees |
15 | | previously paid. This reconciliation payment may be made in |
16 | | installments over a period of no more than 2 years, subject to |
17 | | Board approval. Any installment payments shall include an |
18 | | annual market interest rate as determined by the Board. |
19 | | All payments by licensees under this subsection (i) shall |
20 | | be deposited into the Gaming Facilities Fee Revenue Fund. |
21 | | (l) As soon as practical after a request is made by the |
22 | | Illinois Gaming Board, to minimize duplicate submissions by the |
23 | | applicant, the Illinois Racing Board must provide information |
24 | | on an applicant for an electronic gaming license to the |
25 | | Illinois Gaming Board. |
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1 | | (230 ILCS 10/7.8 new)
|
2 | | Sec. 7.8. Home rule. The regulation and licensing of |
3 | | electronic gaming and electronic gaming licensees are |
4 | | exclusive powers and functions of the State. A home rule unit |
5 | | may not regulate or license electronic gaming or electronic |
6 | | gaming licensees. This Section is a denial and limitation of |
7 | | home rule powers and functions under subsection (h) of Section
|
8 | | 6 of Article VII of the Illinois Constitution. |
9 | | (230 ILCS 10/7.9 new) |
10 | | Sec. 7.9. Casino operator license. |
11 | | (a) A qualified person may apply to the Board for a casino |
12 | | operator license to
operate
and manage any gambling operation |
13 | | conducted by the Authority. The application shall
be
made on |
14 | | forms provided by the Board and shall contain such information |
15 | | as the
Board
prescribes, including but not limited to |
16 | | information required in Sections 6(a),
(b), and
(c) and |
17 | | information relating to the applicant's proposed price to |
18 | | manage the Authority's gambling
operations and to provide the |
19 | | casino, gambling equipment, and supplies
necessary to
conduct |
20 | | Authority gambling operations. The application shall also |
21 | | include a non-refundable application fee of $100,000. This |
22 | | application fee shall be deposited into the Gaming Facilities |
23 | | Fee Revenue Fund. |
24 | | (b) A person or entity is ineligible to receive a casino |
25 | | operator license if:
|
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1 | | (1) the person has been convicted of a felony under the |
2 | | laws of this
State, any other state, or the United States;
|
3 | | (2) the person has been convicted of any violation of |
4 | | Article 28 of
the Criminal Code of 2012, or substantially |
5 | | similar laws of any other
jurisdiction;
|
6 | | (3) the person has submitted an application for a |
7 | | license under this
Act or the Chicago Casino Development |
8 | | Authority Act which contains false information;
|
9 | | (4) the person is a member of the Board or the Chicago |
10 | | Casino Development Board or the person is an official or |
11 | | employee of the Chicago Casino Development Authority or the |
12 | | City of Chicago;
|
13 | | (5) a person defined in (1), (2), (3), or (4) is an |
14 | | officer, director, or
managerial employee of the entity;
|
15 | | (6) the entity employs a person defined in (1), (2), |
16 | | (3),
or (4) who participates in the management or operation |
17 | | of gambling
operations authorized under this Act; or
|
18 | | (7) a license of the person or entity issued under this |
19 | | Act,
or
a license to own or operate gambling facilities in |
20 | | any other jurisdiction, has
been revoked.
|
21 | | (c) In determining whether to grant a casino operator |
22 | | license, the
Board shall consider:
|
23 | | (1) the character, reputation, experience and |
24 | | financial integrity of the
applicants and of any other or |
25 | | separate person that either:
|
26 | | (A) controls, directly or indirectly, such |
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1 | | applicant, or
|
2 | | (B) is controlled, directly or indirectly, by such |
3 | | applicant or by a
person which controls, directly or |
4 | | indirectly, such applicant;
|
5 | | (2) the facilities or proposed facilities for the |
6 | | conduct of
gambling;
|
7 | | (3) the preference of the municipality in which the |
8 | | licensee will operate;
|
9 | | (4) the extent to which the ownership of the applicant |
10 | | reflects the
diversity of the State by including minority |
11 | | persons and females
and the good faith affirmative action |
12 | | plan of
each applicant to recruit, train, and upgrade |
13 | | minority persons and females in all employment |
14 | | classifications;
|
15 | | (5) the financial ability of the applicant to purchase |
16 | | and maintain
adequate liability and casualty insurance;
|
17 | | (6) whether the applicant has adequate capitalization |
18 | | to provide and
maintain, for the duration of a license, a |
19 | | casino; and
|
20 | | (7) the extent to which the applicant exceeds or meets |
21 | | other standards
for the issuance of a casino operator |
22 | | license that the Board may adopt by rule.
|
23 | | (d) Each applicant shall submit with his or her |
24 | | application, on forms
prescribed by
the Board, 2 sets of his or |
25 | | her fingerprints. The Board shall charge each applicant a fee |
26 | | set by the Department of State Police to defray the costs |
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1 | | associated with the search and classification of fingerprints |
2 | | obtained by the Board with respect to the applicant's |
3 | | application. This fee shall be paid into the State Police |
4 | | Services Fund.
|
5 | | (e) A person who knowingly makes a false statement on an |
6 | | application is
guilty of a Class A misdemeanor.
|
7 | | (f) The Board shall charge each applicant a non-refundable |
8 | | fee of $50,000 to defray the costs associated with the |
9 | | background investigation conducted by the Board. This fee shall |
10 | | be exclusive of any other fee or fees charged in connection |
11 | | with an application for and, if applicable, the issuance of, a |
12 | | casino operator license. If the costs of the investigation |
13 | | exceed $50,000, the Board shall immediately notify the |
14 | | applicant of the additional amount owed, payment of which must |
15 | | be submitted to the Board within 7 days after such |
16 | | notification. All information, records, interviews, reports, |
17 | | statements, memoranda, or other data supplied to or used by the |
18 | | Board in the course of its review or investigation of an |
19 | | application for a license or a renewal under this Act shall be |
20 | | privileged and strictly confidential and shall be used only for |
21 | | the purpose of evaluating an applicant for a license or a |
22 | | renewal. Such information, records, interviews, reports, |
23 | | statements, memoranda, or other data shall not be admissible as |
24 | | evidence, nor discoverable in any action of any kind in any |
25 | | court or before any tribunal, board, agency, or person, except |
26 | | for any action deemed necessary by the Board. |
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1 | | (g) The casino operator license shall be issued only upon |
2 | | proof that the applicant has entered into a labor peace |
3 | | agreement with each labor organization that is actively engaged |
4 | | in representing and attempting to represent casino and |
5 | | hospitality industry workers in this State. The labor peace |
6 | | agreement must be a valid and enforceable agreement under 29 |
7 | | U.S.C. 185 that protects the city's and State's revenues from |
8 | | the operation of the casino facility by prohibiting the labor |
9 | | organization and its members from engaging in any picketing, |
10 | | work stoppages, boycotts, or any other economic interference |
11 | | with the casino facility for at least the first 5 years of the |
12 | | casino license and must cover all operations at the casino |
13 | | facility that are conducted by lessees or tenants or under |
14 | | management agreements. |
15 | | (h) The casino operator license shall be for a term of 4 |
16 | | years, shall
be
renewable by the Board, and shall contain such |
17 | | terms and
provisions as the Board deems necessary to protect or |
18 | | enhance the
credibility and integrity of State gambling |
19 | | operations, achieve the highest
prospective total revenue to |
20 | | the State, and otherwise serve the interests of
the citizens of |
21 | | Illinois. The Board may suspend, restrict, or revoke the |
22 | | license: |
23 | | (1) for violation of any provision of this Act; |
24 | | (2) for violation of any rules of the Board; |
25 | | (3) for any cause which, if known to the Board, would |
26 | | have disqualified the applicant from receiving the |
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1 | | license; or |
2 | | (4) for any other just cause. |
3 | | (230 ILCS 10/7.10 new) |
4 | | Sec. 7.10. Diversity program. |
5 | | (a) Each owners licensee, electronic gaming licensee, |
6 | | casino operator licensee, and suppliers licensee shall |
7 | | establish and maintain a diversity program to ensure |
8 | | non-discrimination in the award and administration of |
9 | | contracts. The programs shall establish goals of awarding not |
10 | | less than 20% of the annual dollar value of all contracts, |
11 | | purchase orders, or other agreements to minority-owned |
12 | | businesses and 5% of the annual dollar value of all contracts |
13 | | to female-owned businesses. |
14 | | (b) Each owners licensee, electronic gaming licensee, |
15 | | casino operator licensee, and suppliers licensee shall |
16 | | establish and maintain a diversity program designed to promote |
17 | | equal opportunity for employment. The program shall establish |
18 | | hiring goals as the Board and each licensee determines |
19 | | appropriate. The Board shall monitor the progress of the gaming |
20 | | licensee's progress with respect to the program's goals. |
21 | | (c) No later than May 31 of each year, each licensee shall |
22 | | report to the Board (1) the number of respective employees and |
23 | | the number of its respective employees who have designated |
24 | | themselves as members of a minority group and gender and (2) |
25 | | the total goals achieved under subsection (a) of this Section |
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1 | | as a percentage of the total contracts awarded by the license. |
2 | | In addition, all licensees shall submit a report with respect |
3 | | to the minority-owned and female-owned businesses program |
4 | | created in this Section to the Board. |
5 | | (d) When considering whether to re-issue or renew a license |
6 | | to an owners licensee, electronic gaming licensee, casino |
7 | | operator licensee, or suppliers licensee, the Board shall take |
8 | | into account the licensee's success in complying with the |
9 | | provisions of this Section. If an owners licensee, electronic |
10 | | gaming licensee, casino operator licensee, or suppliers |
11 | | licensee has not satisfied the goals contained in this Section, |
12 | | the Board shall require a written explanation as to why the |
13 | | licensee is not in compliance and shall require the licensee to |
14 | | file multi-year metrics designed to achieve compliance with the |
15 | | provisions by the next renewal period, consistent with State |
16 | | and federal law. |
17 | | (230 ILCS 10/7.11 new) |
18 | | Sec. 7.11. Annual report on diversity. |
19 | | (a) Each licensee that receives a license under Sections 7, |
20 | | 7.1, and 7.7 shall execute and file a report with the Board no |
21 | | later than December 31 of each year that shall contain, but not |
22 | | be limited to, the following information: |
23 | | (i) a good faith affirmative action plan to recruit, |
24 | | train, and upgrade minority persons, females, and persons |
25 | | with a disability in all employment classifications; |
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1 | | (ii) the total dollar amount of contracts that were |
2 | | awarded to businesses owned by minority persons, females, |
3 | | and persons with a disability; |
4 | | (iii) the total number of businesses owned by minority |
5 | | persons, females, and persons with a disability that were |
6 | | utilized by the licensee; |
7 | | (iv) the utilization of businesses owned by minority |
8 | | persons, females, and persons with disabilities during the |
9 | | preceding year; and |
10 | | (v) the outreach efforts used by the licensee to |
11 | | attract investors and businesses consisting of minority |
12 | | persons, females, and persons with a disability. |
13 | | (b) The Board shall forward a copy of each licensee's |
14 | | annual reports to the General Assembly no later than February 1 |
15 | | of each year. |
16 | | (230 ILCS 10/7.12 new) |
17 | | Sec. 7.12. Issuance of new owners licenses. |
18 | | (a) Except for the owners license issued to the Chicago |
19 | | Casino Development Authority, owners licenses newly authorized |
20 | | pursuant to this amendatory Act of the 100th General Assembly |
21 | | may be issued by the Board to a qualified applicant pursuant to |
22 | | an open and competitive bidding process, as set forth in |
23 | | Section 7.5, and subject to the maximum number of authorized |
24 | | licenses set forth in subsection (e-5) of Section 7 of this |
25 | | Act. |
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1 | | (b) To be a qualified applicant, a person or entity may not |
2 | | be ineligible to receive an owners license under subsection (a) |
3 | | of Section 7 of this Act and must submit an application for an |
4 | | owners license that complies with Section 6 of this Act. |
5 | | (c) In determining whether to grant an owners license to an |
6 | | applicant, the Board shall consider all of the factors set |
7 | | forth in subsections (b) and (e-10) of Section 7 of this Act, |
8 | | as well as the amount of the applicant's license bid. The Board |
9 | | may grant the owners license to an applicant that has not |
10 | | submitted the highest license bid, but if it does not select |
11 | | the highest bidder, the Board shall issue a written decision |
12 | | explaining why another applicant was selected and identifying |
13 | | the factors set forth in subsections (b) and (e-10) of Section |
14 | | 7 of this Act that favored the winning bidder. |
15 | | (230 ILCS 10/7.13 new) |
16 | | Sec. 7.13. Environmental standards. All permanent |
17 | | casinos, riverboats, and electronic gaming facilities shall |
18 | | consist of buildings that are certified as meeting the U.S. |
19 | | Green Building Council's Leadership in Energy and |
20 | | Environmental Design standards. The provisions of this Section |
21 | | apply to a holder of an owners license, casino operator |
22 | | license, or electronic gaming license that (i) begins |
23 | | operations on or after January 1, 2017 or (ii) relocates its |
24 | | facilities on or after the effective date of this amendatory |
25 | | Act of the 100th General Assembly.
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1 | | (230 ILCS 10/8) (from Ch. 120, par. 2408)
|
2 | | Sec. 8. Suppliers licenses.
|
3 | | (a) The Board may issue a suppliers license to such |
4 | | persons, firms or
corporations which apply therefor upon the |
5 | | payment of a non-refundable
application fee set by the Board, |
6 | | upon a determination by the Board that
the applicant is |
7 | | eligible for a suppliers license and upon payment of a
$5,000 |
8 | | annual license
fee.
|
9 | | (b) The holder of a suppliers license is authorized to sell |
10 | | or lease,
and to contract to sell or lease, gambling equipment |
11 | | and supplies to any
licensee involved in the ownership or |
12 | | management of gambling operations.
|
13 | | (c) Gambling supplies and equipment may not be distributed
|
14 | | unless supplies and equipment conform to standards adopted by
|
15 | | rules of the Board.
|
16 | | (d) A person, firm or corporation is ineligible to receive |
17 | | a suppliers
license if:
|
18 | | (1) the person has been convicted of a felony under the |
19 | | laws of this
State, any other state, or the United States;
|
20 | | (2) the person has been convicted of any violation of |
21 | | Article 28 of the
Criminal Code of 1961 or the Criminal |
22 | | Code of 2012, or substantially similar laws of any other |
23 | | jurisdiction;
|
24 | | (3) the person has submitted an application for a |
25 | | license under this
Act which contains false information;
|
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1 | | (4) the person is a member of the Board;
|
2 | | (5) the entity firm or corporation is one in which a |
3 | | person defined in (1),
(2), (3) or (4), is an officer, |
4 | | director or managerial employee;
|
5 | | (6) the firm or corporation employs a person who |
6 | | participates in the
management or operation of riverboat |
7 | | gambling authorized under this Act or the Chicago Casino |
8 | | Development Authority Act ;
|
9 | | (7) the license of the person, firm or corporation |
10 | | issued under
this Act or the Chicago Casino Development |
11 | | Authority Act , or a license to own or operate gambling |
12 | | facilities
in any other jurisdiction, has been revoked.
|
13 | | (e) Any person that supplies any equipment, devices, or |
14 | | supplies to a
licensed riverboat gambling operation or casino |
15 | | or electronic gaming operation must first obtain a suppliers
|
16 | | license. A supplier shall furnish to the Board a list of all |
17 | | equipment,
devices and supplies offered for sale or lease in |
18 | | connection with gambling
games authorized under this Act. A |
19 | | supplier shall keep books and records
for the furnishing of |
20 | | equipment, devices and supplies to gambling
operations |
21 | | separate and distinct from any other business that the supplier
|
22 | | might operate. A supplier shall file a quarterly return with |
23 | | the Board
listing all sales and leases. A supplier shall |
24 | | permanently affix its name or a distinctive logo or other mark |
25 | | or design element identifying the manufacturer or supplier
to |
26 | | all its equipment, devices, and supplies, except gaming chips |
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1 | | without a value impressed, engraved, or imprinted on it, for |
2 | | gambling operations.
The Board may waive this requirement for |
3 | | any specific product or products if it determines that the |
4 | | requirement is not necessary to protect the integrity of the |
5 | | game. Items purchased from a licensed supplier may continue to |
6 | | be used even though the supplier subsequently changes its name, |
7 | | distinctive logo, or other mark or design element; undergoes a |
8 | | change in ownership; or ceases to be licensed as a supplier for |
9 | | any reason. Any supplier's equipment, devices or supplies which |
10 | | are used by any person
in an unauthorized gambling operation |
11 | | shall be forfeited to the State. A holder of an owners license |
12 | | or an electronic gaming license A
licensed owner may own its |
13 | | own equipment, devices and supplies. Each
holder of an owners |
14 | | license or an electronic gaming license under the Act shall |
15 | | file an annual report
listing its inventories of gambling |
16 | | equipment, devices and supplies.
|
17 | | (f) Any person who knowingly makes a false statement on an |
18 | | application
is guilty of a Class A misdemeanor.
|
19 | | (g) Any gambling equipment, devices and supplies provided |
20 | | by any
licensed supplier may either be repaired on the |
21 | | riverboat , in the casino, or at the electronic gaming facility |
22 | | or removed from
the riverboat , casino, or electronic gaming |
23 | | facility to a an on-shore facility owned by the holder of an |
24 | | owners
license or electronic gaming license for repair.
|
25 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-12, eff. 5-10-13; |
26 | | 98-756, eff. 7-16-14.)
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1 | | (230 ILCS 10/9) (from Ch. 120, par. 2409)
|
2 | | Sec. 9. Occupational licenses.
|
3 | | (a) The Board may issue an occupational license to an |
4 | | applicant upon the
payment of a non-refundable fee set by the |
5 | | Board, upon a determination by
the Board that the applicant is |
6 | | eligible for an occupational license and
upon payment of an |
7 | | annual license fee in an amount to be established. To
be |
8 | | eligible for an occupational license, an applicant must:
|
9 | | (1) be at least 21 years of age if the applicant will |
10 | | perform any
function involved in gaming by patrons. Any |
11 | | applicant seeking an
occupational license for a non-gaming |
12 | | function shall be at least 18 years
of age;
|
13 | | (2) not have been convicted of a felony offense, a |
14 | | violation of Article
28 of the Criminal Code of 1961 or the |
15 | | Criminal Code of 2012, or a similar statute of any other
|
16 | | jurisdiction;
|
17 | | (2.5) not have been convicted of a crime, other than a |
18 | | crime described in item (2) of this subsection (a), |
19 | | involving dishonesty or moral turpitude, except that the |
20 | | Board may, in its discretion, issue an occupational license |
21 | | to a person who has been convicted of a crime described in |
22 | | this item (2.5) more than 10 years prior to his or her |
23 | | application and has not subsequently been convicted of any |
24 | | other crime;
|
25 | | (3) have demonstrated a level of skill or knowledge |
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1 | | which the Board
determines to be necessary in order to |
2 | | operate gambling aboard a riverboat , in a casino, or at an |
3 | | electronic gaming facility ; and
|
4 | | (4) have met standards for the holding of an |
5 | | occupational license as
adopted by rules of the Board. Such |
6 | | rules shall provide that any person or
entity seeking an |
7 | | occupational license to manage gambling operations
under |
8 | | this Act or the Chicago Casino Development Authority Act |
9 | | hereunder shall be subject to background inquiries and |
10 | | further requirements
similar to those required of |
11 | | applicants for an owners license.
Furthermore, such rules |
12 | | shall provide that each such entity shall be
permitted to |
13 | | manage gambling operations for only one licensed owner.
|
14 | | (b) Each application for an occupational license shall be |
15 | | on forms
prescribed by the Board and shall contain all |
16 | | information required by the
Board. The applicant shall set |
17 | | forth in the application: whether he has been
issued prior |
18 | | gambling related licenses; whether he has been licensed in any
|
19 | | other state under any other name, and, if so, such name and his |
20 | | age; and
whether or not a permit or license issued to him in |
21 | | any other state has
been suspended, restricted or revoked, and, |
22 | | if so, for what period of time.
|
23 | | (c) Each applicant shall submit with his application, on |
24 | | forms provided
by the Board, 2 sets of his fingerprints. The |
25 | | Board shall charge each
applicant a fee set by the Department |
26 | | of State Police to defray the costs
associated with the search |
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1 | | and classification of fingerprints obtained by
the Board with |
2 | | respect to the applicant's application. These fees shall be
|
3 | | paid into the State Police Services Fund.
|
4 | | (d) The Board may in its discretion refuse an occupational |
5 | | license to
any person: (1) who is unqualified to perform the |
6 | | duties required of such
applicant; (2) who fails to disclose or |
7 | | states falsely any information
called for in the application; |
8 | | (3) who has been found guilty of a
violation of this Act or the |
9 | | Chicago Casino Development Authority Act or whose prior |
10 | | gambling related license or
application therefor has been |
11 | | suspended, restricted, revoked or denied for
just cause in any |
12 | | other state; or (4) for any other just cause.
|
13 | | (e) The Board may suspend, revoke or restrict any |
14 | | occupational licensee:
(1) for violation of any provision of |
15 | | this Act; (2) for violation of any
of the rules and regulations |
16 | | of the Board; (3) for any cause which, if
known to the Board, |
17 | | would have disqualified the applicant from receiving
such |
18 | | license; or (4) for default in the payment of any obligation or |
19 | | debt
due to the State of Illinois; or (5) for any other just |
20 | | cause.
|
21 | | (f) A person who knowingly makes a false statement on an |
22 | | application is
guilty of a Class A misdemeanor.
|
23 | | (g) Any license issued pursuant to this Section shall be |
24 | | valid for a
period of one year from the date of issuance.
|
25 | | (h) Nothing in this Act shall be interpreted to prohibit a |
26 | | licensed
owner or electronic gaming licensee from entering into |
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1 | | an agreement with a public community college or a school |
2 | | approved under the
Private Business and Vocational Schools Act |
3 | | of 2012 for the training of any
occupational licensee. Any |
4 | | training offered by such a school shall be in
accordance with a |
5 | | written agreement between the licensed owner or electronic |
6 | | gaming licensee and the school.
|
7 | | (i) Any training provided for occupational licensees may be |
8 | | conducted
either at the site of the gambling facility on the |
9 | | riverboat or at a school with which a licensed owner or |
10 | | electronic gaming licensee has
entered into an agreement |
11 | | pursuant to subsection (h).
|
12 | | (Source: P.A. 96-1392, eff. 1-1-11; 97-650, eff. 2-1-12; |
13 | | 97-1150, eff. 1-25-13.)
|
14 | | (230 ILCS 10/11) (from Ch. 120, par. 2411)
|
15 | | Sec. 11. Conduct of gambling. Gambling may be conducted by |
16 | | licensed owners or licensed managers on behalf
of the State |
17 | | aboard riverboats . Gambling may be conducted by electronic |
18 | | gaming licensees at electronic gaming facilities. Gambling may |
19 | | be conducted by a casino operator licensee at a casino. |
20 | | Gambling authorized under this Section is ,
subject to the |
21 | | following standards:
|
22 | | (1) A licensee may conduct riverboat gambling |
23 | | authorized under this Act
regardless of whether it conducts |
24 | | excursion cruises. A licensee may permit
the continuous |
25 | | ingress and egress of patrons passengers on a riverboat not |
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1 | | used for excursion cruises for the purpose of gambling. |
2 | | Excursion cruises shall not exceed 4 hours for a round |
3 | | trip. However, the Board may grant express approval for an |
4 | | extended cruise on a case-by-case basis.
|
5 | | (2) (Blank).
|
6 | | (3) Minimum and maximum wagers on games shall be set by |
7 | | the licensee.
|
8 | | (4) Agents of the Board and the Department of State |
9 | | Police may board
and inspect any riverboat , enter and |
10 | | inspect any portion of a casino, or enter and inspect any |
11 | | portion of an electronic gaming facility at any time for |
12 | | the purpose of determining
whether this Act or the Chicago |
13 | | Casino Development Authority Act is being complied with. |
14 | | Every riverboat, if under way and
being hailed by a law |
15 | | enforcement officer or agent of the Board, must stop
|
16 | | immediately and lay to.
|
17 | | (5) Employees of the Board shall have the right to be |
18 | | present on the
riverboat or in the casino or on adjacent |
19 | | facilities under the control of the licensee and at the |
20 | | electronic gaming facility under the control of the |
21 | | electronic gaming licensee .
|
22 | | (6) Gambling equipment and supplies customarily used |
23 | | in conducting
riverboat or casino gambling or electronic |
24 | | gaming must be purchased or leased only from suppliers |
25 | | licensed
for such purpose under this Act. The Board may |
26 | | approve the transfer, sale, or lease of gambling equipment |
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1 | | and supplies by a licensed owner from or to an affiliate of |
2 | | the licensed owner as long as the gambling equipment and |
3 | | supplies were initially acquired from a supplier licensed |
4 | | in Illinois.
|
5 | | (7) Persons licensed under this Act or the Chicago |
6 | | Casino Development Authority Act shall permit no form of |
7 | | wagering on
gambling games except as permitted by this Act.
|
8 | | (8) Wagers may be received only from a person present |
9 | | on a licensed
riverboat , in a casino, or at an electronic |
10 | | gaming facility . No person present on a licensed riverboat , |
11 | | in a casino, or at an electronic gaming facility shall |
12 | | place
or attempt to place a wager on behalf of another |
13 | | person who is not present
on the riverboat , in a casino, or |
14 | | at the electronic gaming facility .
|
15 | | (9) Wagering , including electronic gaming, shall not |
16 | | be conducted with money or other negotiable
currency.
|
17 | | (10) A person under age 21 shall not be permitted on an |
18 | | area of a
riverboat or casino where gambling is being |
19 | | conducted or at an electronic gaming facility where |
20 | | gambling is being conducted , except for a person at least
|
21 | | 18 years of age who is an employee of the riverboat or |
22 | | casino gambling operation or electronic gaming operation . |
23 | | No
employee under age 21 shall perform any function |
24 | | involved in gambling by
the patrons. No person under age 21 |
25 | | shall be permitted to make a wager under
this Act or the |
26 | | Chicago Casino Development Authority Act , and any winnings |
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1 | | that are a result of a wager by a person under age 21, |
2 | | whether or not paid by a licensee, shall be treated as |
3 | | winnings for the privilege tax purposes, confiscated, and |
4 | | forfeited to the State and deposited into the Education |
5 | | Assistance Fund.
|
6 | | (11) Gambling excursion cruises are permitted only |
7 | | when the waterway for
which the riverboat is licensed is |
8 | | navigable, as determined by
the Board in consultation with |
9 | | the U.S. Army Corps of Engineers.
This paragraph (11) does |
10 | | not limit the ability of a licensee to conduct
gambling |
11 | | authorized under this Act when gambling excursion cruises |
12 | | are not
permitted.
|
13 | | (12) All tokens, chips or electronic cards used to make |
14 | | wagers must be
purchased (i) from a licensed owner or |
15 | | manager , in the case of a riverboat, either aboard a |
16 | | riverboat or at
an onshore
facility which has been approved |
17 | | by the Board and which is located where
the riverboat |
18 | | docks , (ii) in the case of a casino, from a licensed owner |
19 | | or licensed casino operator at the casino, or (iii) from an |
20 | | electronic gaming licensee at the electronic gaming |
21 | | facility . The tokens, chips or electronic cards may be
|
22 | | purchased by means of an agreement under which the owner , |
23 | | or manager , or licensed casino operator extends
credit to
|
24 | | the patron. Such tokens, chips or electronic cards may be |
25 | | used
while aboard the riverboat , in the casino, or at the |
26 | | electronic gaming facility only for the purpose of making |
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1 | | wagers on
gambling games.
|
2 | | (13) Notwithstanding any other Section of this Act or |
3 | | the Chicago Casino Development Authority Act , in addition |
4 | | to the
other licenses authorized under this Act or the |
5 | | Chicago Casino Development Authority Act , the Board may |
6 | | issue special event
licenses allowing persons who are not |
7 | | otherwise licensed to conduct
riverboat gambling to |
8 | | conduct such gambling on a specified date or series
of |
9 | | dates. Riverboat gambling under such a license may take |
10 | | place on a
riverboat not normally used for riverboat |
11 | | gambling. The Board shall
establish standards, fees and |
12 | | fines for, and limitations upon, such
licenses, which may |
13 | | differ from the standards, fees, fines and limitations
|
14 | | otherwise applicable under this Act or the Chicago Casino |
15 | | Development Authority Act . All such fees shall be deposited |
16 | | into
the State Gaming Fund. All such fines shall be |
17 | | deposited into the
Education Assistance Fund, created by |
18 | | Public Act 86-0018, of the State
of Illinois.
|
19 | | (14) In addition to the above, gambling must be |
20 | | conducted in accordance
with all rules adopted by the |
21 | | Board.
|
22 | | (Source: P.A. 96-1392, eff. 1-1-11.)
|
23 | | (230 ILCS 10/11.1) (from Ch. 120, par. 2411.1)
|
24 | | Sec. 11.1. Collection of amounts owing under credit |
25 | | agreements. Notwithstanding any applicable statutory provision |
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1 | | to the contrary, a
licensed owner , licensed or manager , |
2 | | licensed casino operator, or electronic gaming licensee who |
3 | | extends credit to a riverboat gambling patron or an electronic |
4 | | gaming patron
pursuant
to Section 11 (a) (12) of this Act is |
5 | | expressly authorized to institute a
cause of action to collect |
6 | | any amounts due and owing under the extension of
credit, as |
7 | | well as the licensed owner's , licensed or manager's , licensed |
8 | | casino operator's, or electronic gaming licensee's costs, |
9 | | expenses and reasonable
attorney's
fees incurred in |
10 | | collection.
|
11 | | (Source: P.A. 93-28, eff. 6-20-03.)
|
12 | | (230 ILCS 10/12) (from Ch. 120, par. 2412)
|
13 | | Sec. 12. Admission tax; fees.
|
14 | | (a) A tax is hereby imposed upon admissions to riverboat |
15 | | and casino gambling facilities riverboats operated by
licensed |
16 | | owners authorized pursuant to this Act and the Chicago Casino |
17 | | Development Authority Act . Until July 1, 2002, the
rate is $2 |
18 | | per person admitted. From July 1, 2002 until
July 1, 2003, the |
19 | | rate is $3 per person admitted.
From July 1, 2003 until August |
20 | | 23, 2005 (the effective date of Public Act 94-673), for a |
21 | | licensee that admitted 1,000,000 persons or
fewer in the |
22 | | previous calendar year, the rate is $3 per person admitted; for |
23 | | a
licensee that admitted more than 1,000,000 but no more than |
24 | | 2,300,000 persons
in the previous calendar year, the rate is $4 |
25 | | per person admitted; and for
a licensee that admitted more than |
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1 | | 2,300,000 persons in the previous calendar
year, the rate is $5 |
2 | | per person admitted.
Beginning on August 23, 2005 (the |
3 | | effective date of Public Act 94-673), for a licensee that |
4 | | admitted 1,000,000 persons or
fewer in calendar year 2004, the |
5 | | rate is $2 per person admitted, and for all other
licensees, |
6 | | including licensees that were not conducting gambling |
7 | | operations in 2004, the rate is $3 per person admitted.
This |
8 | | admission tax is imposed upon the
licensed owner conducting |
9 | | gambling.
|
10 | | (1) The admission tax shall be paid for each admission, |
11 | | except that a person who exits a riverboat gambling |
12 | | facility and reenters that riverboat gambling facility |
13 | | within the same gaming day shall be subject only to the |
14 | | initial admission tax.
|
15 | | (2) (Blank).
|
16 | | (3) The riverboat licensee may issue tax-free passes to
|
17 | | actual and necessary officials and employees of the |
18 | | licensee or other
persons actually working on the |
19 | | riverboat.
|
20 | | (4) The number and issuance of tax-free passes is |
21 | | subject to the rules
of the Board, and a list of all |
22 | | persons to whom the tax-free passes are
issued shall be |
23 | | filed with the Board.
|
24 | | (a-5) A fee is hereby imposed upon admissions operated by |
25 | | licensed
managers on behalf of the State pursuant to Section |
26 | | 7.3 at the rates provided
in
this subsection (a-5). For a |
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1 | | licensee that
admitted 1,000,000 persons or fewer in the |
2 | | previous calendar year, the rate is
$3 per person admitted; for |
3 | | a licensee that admitted more than 1,000,000 but no
more than |
4 | | 2,300,000 persons
in the previous calendar year, the rate is $4 |
5 | | per person admitted; and for
a licensee that admitted more than |
6 | | 2,300,000 persons in the previous calendar
year, the rate is $5 |
7 | | per person admitted.
|
8 | | (1) The admission fee shall be paid for each admission.
|
9 | | (2) (Blank).
|
10 | | (3) The licensed manager may issue fee-free passes to |
11 | | actual and necessary
officials and employees of the manager |
12 | | or other persons actually working on the
riverboat.
|
13 | | (4) The number and issuance of fee-free passes is |
14 | | subject to the rules
of the Board, and a list of all |
15 | | persons to whom the fee-free passes are
issued shall be |
16 | | filed with the Board.
|
17 | | (b) Except as provided in subsection (b-5), from From the |
18 | | tax imposed under subsection (a) and the fee imposed under
|
19 | | subsection (a-5), a municipality shall receive from the State |
20 | | $1 for each
person embarking on a riverboat docked within the |
21 | | municipality or entering a casino located within the |
22 | | municipality , and a county
shall receive $1 for each person |
23 | | entering a casino or embarking on a riverboat docked within the
|
24 | | county but outside the boundaries of any municipality. The |
25 | | municipality's or
county's share shall be collected by the |
26 | | Board on behalf of the State and
remitted quarterly by the |
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1 | | State, subject to appropriation, to the treasurer of
the unit |
2 | | of local government for deposit in the general fund.
|
3 | | (b-5) From the tax imposed under subsection (a) and the fee |
4 | | imposed under subsection (a-5), $1 for each person embarking on |
5 | | a riverboat designated in paragraph (4) of subsection (e-5) of |
6 | | Section 7 shall be divided as follows: $0.70 to the City of |
7 | | Rockford, $0.05 to the City of Loves Park, $0.05 to the Village |
8 | | of Machesney Park, and $0.20 to Winnebago County. |
9 | | The municipality's or county's share shall be collected by |
10 | | the Board on behalf of the State and remitted monthly by the |
11 | | State, subject to appropriation, to the treasurer of the unit |
12 | | of local government for deposit in the general fund. |
13 | | (c) The licensed owner shall pay the entire admission tax |
14 | | to the Board and
the licensed manager or the casino operator |
15 | | licensee shall pay the entire admission fee to the Board.
Such |
16 | | payments shall be made daily. Accompanying each payment shall |
17 | | be a
return on forms provided by the Board which shall include |
18 | | other
information regarding admissions as the Board may |
19 | | require. Failure to
submit either the payment or the return |
20 | | within the specified time may
result in suspension or |
21 | | revocation of the owners or managers license.
|
22 | | (c-5) A tax is imposed on admissions to electronic gaming |
23 | | facilities at the rate of $3 per person admitted by an |
24 | | electronic gaming licensee. The tax is imposed upon the |
25 | | electronic gaming licensee. |
26 | | (1) The admission tax shall be paid for each admission, |
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1 | | except that a person who exits an electronic gaming |
2 | | facility and reenters that electronic gaming facility |
3 | | within the same gaming day, as the term "gaming day" is |
4 | | defined by the Board by rule, shall be subject only to the |
5 | | initial admission tax. The Board shall establish, by rule, |
6 | | a procedure to determine whether a person admitted to an |
7 | | electronic gaming facility has paid the admission tax. |
8 | | (2) An electronic gaming licensee may issue tax-free |
9 | | passes to actual and necessary officials and employees of |
10 | | the licensee and other persons associated with electronic |
11 | | gaming operations. |
12 | | (3) The number and issuance of tax-free passes is |
13 | | subject to the rules of the Board, and a list of all |
14 | | persons to whom the tax-free passes are issued shall be
|
15 | | filed with the Board. |
16 | | (4) The electronic gaming licensee shall pay the entire |
17 | | admission tax to the Board. |
18 | | Such payments shall be made daily. Accompanying each |
19 | | payment shall be a return on forms provided by the Board, which |
20 | | shall include other information regarding admission as the |
21 | | Board may require. Failure to submit either the payment or the |
22 | | return within the specified time may result in suspension or |
23 | | revocation of the electronic gaming license. |
24 | | From the tax imposed under this subsection (c-5), a |
25 | | municipality other than the Village of Stickney or the City of |
26 | | Collinsville in which an electronic gaming facility is located, |
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1 | | or if the electronic gaming facility is not located within a |
2 | | municipality, then the county in which the electronic gaming |
3 | | facility is located, except as otherwise provided in this |
4 | | Section, shall receive, subject to appropriation, $1 for each |
5 | | person who enters the electronic gaming facility. For each |
6 | | admission to the electronic gaming facility in excess of |
7 | | 1,500,000 in a year, from the tax imposed under this subsection |
8 | | (c-5), the county in which the electronic gaming facility is |
9 | | located shall receive, subject to appropriation, $0.30, which |
10 | | shall be in addition to any other moneys paid to the county |
11 | | under this Section. |
12 | | From the tax imposed under this subsection (c-5) on an |
13 | | electronic gaming facility located in the Village of Stickney, |
14 | | $1 for each person who enters the electronic gaming facility |
15 | | shall be distributed as follows, subject to appropriation: |
16 | | $0.24 to the Village of Stickney, $0.49 to the Town of Cicero, |
17 | | $0.05 to the City of Berwyn, and $0.17 to the Stickney Public |
18 | | Health District, and $0.05 to the City of Bridgeview. |
19 | | From the tax imposed under this subsection (c-5) on an |
20 | | electronic gaming facility located in the City of Collinsville, |
21 | | $1 for each person who enters the electronic gaming facility |
22 | | shall be distributed as follows, subject to appropriation: |
23 | | $0.45 to the City of Alton, $0.45 to the City of East St. |
24 | | Louis, and $0.10 to the City of Collinsville. |
25 | | After payments required under this subsection (c-5) have |
26 | | been made, all remaining amounts shall be deposited into the |
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1 | | Education Assistance Fund. |
2 | | (d) The Board shall administer and collect the admission |
3 | | tax imposed by
this Section, to the extent practicable, in a |
4 | | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
5 | | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the |
6 | | Retailers' Occupation Tax Act and
Section 3-7 of the Uniform |
7 | | Penalty and Interest Act.
|
8 | | (Source: P.A. 95-663, eff. 10-11-07; 96-1392, eff. 1-1-11.)
|
9 | | (230 ILCS 10/13) (from Ch. 120, par. 2413)
|
10 | | Sec. 13. Wagering tax; rate; distribution.
|
11 | | (a) Until January 1, 1998, a tax is imposed on the adjusted |
12 | | gross
receipts received from gambling games authorized under |
13 | | this Act at the rate of
20%.
|
14 | | (a-1) From January 1, 1998 until July 1, 2002, a privilege |
15 | | tax is
imposed on persons engaged in the business of conducting |
16 | | riverboat gambling
operations, based on the adjusted gross |
17 | | receipts received by a licensed owner
from gambling games |
18 | | authorized under this Act at the following rates:
|
19 | | 15% of annual adjusted gross receipts up to and |
20 | | including $25,000,000;
|
21 | | 20% of annual adjusted gross receipts in excess of |
22 | | $25,000,000 but not
exceeding $50,000,000;
|
23 | | 25% of annual adjusted gross receipts in excess of |
24 | | $50,000,000 but not
exceeding $75,000,000;
|
25 | | 30% of annual adjusted gross receipts in excess of |
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1 | | $75,000,000 but not
exceeding $100,000,000;
|
2 | | 35% of annual adjusted gross receipts in excess of |
3 | | $100,000,000.
|
4 | | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax |
5 | | is imposed on
persons engaged in the business of conducting |
6 | | riverboat gambling operations,
other than licensed managers |
7 | | conducting riverboat gambling operations on behalf
of the |
8 | | State, based on the adjusted gross receipts received by a |
9 | | licensed
owner from gambling games authorized under this Act at |
10 | | the following rates:
|
11 | | 15% of annual adjusted gross receipts up to and |
12 | | including $25,000,000;
|
13 | | 22.5% of annual adjusted gross receipts in excess of |
14 | | $25,000,000 but not
exceeding $50,000,000;
|
15 | | 27.5% of annual adjusted gross receipts in excess of |
16 | | $50,000,000 but not
exceeding $75,000,000;
|
17 | | 32.5% of annual adjusted gross receipts in excess of |
18 | | $75,000,000 but not
exceeding $100,000,000;
|
19 | | 37.5% of annual adjusted gross receipts in excess of |
20 | | $100,000,000 but not
exceeding $150,000,000;
|
21 | | 45% of annual adjusted gross receipts in excess of |
22 | | $150,000,000 but not
exceeding $200,000,000;
|
23 | | 50% of annual adjusted gross receipts in excess of |
24 | | $200,000,000.
|
25 | | (a-3) Beginning July 1, 2003, a privilege tax is imposed on |
26 | | persons engaged
in the business of conducting riverboat |
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1 | | gambling operations, other than
licensed managers conducting |
2 | | riverboat gambling operations on behalf of the
State, based on |
3 | | the adjusted gross receipts received by a licensed owner from
|
4 | | gambling games authorized under this Act at the following |
5 | | rates:
|
6 | | 15% of annual adjusted gross receipts up to and |
7 | | including $25,000,000;
|
8 | | 27.5% of annual adjusted gross receipts in excess of |
9 | | $25,000,000 but not
exceeding $37,500,000;
|
10 | | 32.5% of annual adjusted gross receipts in excess of |
11 | | $37,500,000 but not
exceeding $50,000,000;
|
12 | | 37.5% of annual adjusted gross receipts in excess of |
13 | | $50,000,000 but not
exceeding $75,000,000;
|
14 | | 45% of annual adjusted gross receipts in excess of |
15 | | $75,000,000 but not
exceeding $100,000,000;
|
16 | | 50% of annual adjusted gross receipts in excess of |
17 | | $100,000,000 but not
exceeding $250,000,000;
|
18 | | 70% of annual adjusted gross receipts in excess of |
19 | | $250,000,000.
|
20 | | An amount equal to the amount of wagering taxes collected |
21 | | under this
subsection (a-3) that are in addition to the amount |
22 | | of wagering taxes that
would have been collected if the |
23 | | wagering tax rates under subsection (a-2)
were in effect shall |
24 | | be paid into the Common School Fund.
|
25 | | The privilege tax imposed under this subsection (a-3) shall |
26 | | no longer be
imposed beginning on the earlier of (i) July 1, |
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1 | | 2005; (ii) the first date
after June 20, 2003 that riverboat |
2 | | gambling operations are conducted
pursuant to a dormant |
3 | | license; or (iii) the first day that riverboat gambling
|
4 | | operations are conducted under the authority of an owners |
5 | | license that is in
addition to the 10 owners licenses initially |
6 | | authorized under this Act.
For the purposes of this subsection |
7 | | (a-3), the term "dormant license"
means an owners license that |
8 | | is authorized by this Act under which no
riverboat gambling |
9 | | operations are being conducted on June 20, 2003.
|
10 | | (a-4) Beginning on the first day on which the tax imposed |
11 | | under
subsection (a-3) is no longer imposed and ending upon the |
12 | | imposition of the privilege tax under subsection (a-5) of this |
13 | | Section , a privilege tax is imposed on persons
engaged in the |
14 | | business of conducting riverboat or casino gambling or |
15 | | electronic gaming 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 |
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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 | | For the imposition of the privilege tax in this subsection |
9 | | (a-4), amounts paid pursuant to item (1) of subsection (b) of |
10 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not |
11 | | be included in the determination of adjusted gross receipts. |
12 | | (a-5) Beginning in the fiscal year following the opening of |
13 | | the casino at which gambling operations are conducted pursuant |
14 | | to the Chicago Casino Development Authority Act, but not before |
15 | | July 1, 2019, a privilege tax is imposed on persons engaged in |
16 | | the business of conducting riverboat or casino gambling or |
17 | | electronic gaming operations, other than licensed managers |
18 | | conducting riverboat gambling operations on behalf of the |
19 | | State, based on the adjusted gross receipts received by such |
20 | | licensee from the gambling games authorized under this Act and |
21 | | the Chicago Casino Development Authority Act. The privilege tax |
22 | | for all gambling games other than table games, including, but |
23 | | not limited to, slot machines, video game of chance gambling, |
24 | | and electronic gambling games shall be at the following rates: |
25 | | 10% of annual adjusted gross receipts up to and |
26 | | including $25,000,000; |
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1 | | 17.5% of annual adjusted gross receipts in excess of |
2 | | $25,000,000 but not exceeding $50,000,000; |
3 | | 22.5% of annual adjusted gross receipts in excess of |
4 | | $50,000,000 but not exceeding $75,000,000; |
5 | | 27.5% of annual adjusted gross receipts in excess of |
6 | | $75,000,000 but not exceeding $100,000,000; |
7 | | 32.5% of annual adjusted gross receipts in excess of |
8 | | $100,000,000 but not exceeding $150,000,000; |
9 | | 35% of annual adjusted gross receipts in excess of |
10 | | $150,000,000 but not exceeding $200,000,000; |
11 | | 40% of annual adjusted gross receipts in excess of |
12 | | $200,000,000 but not exceeding $300,000,000; |
13 | | 30% of annual adjusted gross receipts in excess of |
14 | | $300,000,000 but not exceeding $350,000,000; |
15 | | 20% of annual adjusted gross receipts in excess of |
16 | | $350,000,000, but not exceeding $800,000,000; |
17 | | 50% of annual adjusted gross receipts in excess of |
18 | | $800,000,000. |
19 | | The privilege tax for table games shall be at the following |
20 | | rates: |
21 | | 10% of annual adjusted gross receipts up to and |
22 | | including $25,000,000; |
23 | | 17.5% of annual adjusted gross receipts in excess of |
24 | | $25,000,000 but not exceeding $50,000,000; |
25 | | 22.5% of annual adjusted gross receipts in excess of |
26 | | $50,000,000 but not exceeding $70,000,000; |
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1 | | 16% of annual adjusted gross receipts in excess of |
2 | | $70,000,000. |
3 | | For the imposition of the privilege tax in this subsection |
4 | | (a-5), amounts paid pursuant to item (1) of subsection (b) of |
5 | | Section 56 of the Illinois Horse Racing Act of 1975 shall not |
6 | | be included in the determination of adjusted gross receipts. |
7 | | (a-6) From the effective date of this amendatory Act of the |
8 | | 100th General Assembly until June 30, 2021, an owners licensee |
9 | | that conducted gambling operations prior to January 1, 2011 |
10 | | shall receive a dollar-for-dollar credit against the tax |
11 | | imposed under this Section for any renovation or construction |
12 | | costs paid by the owners licensee, but in no event shall the |
13 | | credit exceed $2,000,000. |
14 | | Additionally, from the effective date of this amendatory |
15 | | Act of the 100th General Assembly until December 31, 2020, an |
16 | | owners licensee that (i) is located within 15 miles of the |
17 | | Missouri border, and (ii) has at least 3 riverboats, casinos, |
18 | | or their equivalent within a 45-mile radius, may be authorized |
19 | | to relocate to a new location with the approval of both the |
20 | | unit of local government designated as the home dock and the |
21 | | Board, so long as the new location is within the same unit of |
22 | | local government and no more than 3 miles away from its |
23 | | original location. Such owners licensee shall receive a credit |
24 | | against the tax imposed under this Section equal to 8% of the |
25 | | total project costs, as approved by the Board, for any |
26 | | renovation or construction costs paid by the owners licensee |
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1 | | for the construction of the new facility, provided that the new |
2 | | facility is operational by July 1, 2020. In determining whether |
3 | | or not to approve a relocation, the Board must consider the |
4 | | extent to which the relocation will diminish the gaming |
5 | | revenues received by other Illinois gaming facilities. |
6 | | (a-8) Riverboat gambling operations conducted by a |
7 | | licensed manager on
behalf of the State are not subject to the |
8 | | tax imposed under this Section.
|
9 | | (a-9) Beginning on January 1, 2018, the calculation of |
10 | | gross receipts or adjusted gross receipts, for the purposes of |
11 | | this Section, for a riverboat, casino, or electronic gaming |
12 | | facility shall not include the dollar amount of non-cashable |
13 | | vouchers, coupons, and electronic promotions redeemed by |
14 | | wagerers upon the riverboat, in the casino, or in the |
15 | | electronic gaming facility up to and including an amount not to |
16 | | exceed 30% of a riverboat casino or electronic gaming |
17 | | facility's adjusted gross receipts. |
18 | | The Illinois Gaming Board shall submit to the General |
19 | | Assembly a comprehensive report no later than March 31, 2021 |
20 | | detailing, at a minimum, the effect of removing non-cashable |
21 | | vouchers, coupons, and electronic promotions from this |
22 | | calculation on net gaming revenues to the State in calendar |
23 | | years 2018 through 2020, the increase or reduction in wagerers |
24 | | as a result of removing non-cashable vouchers, coupons, and |
25 | | electronic promotions from this calculation, the effect of the |
26 | | tax rates in subsection (a-5) on net gaming revenues to the |
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1 | | State, and proposed modifications to the calculation. |
2 | | (a-10) The taxes imposed by this Section shall be paid by |
3 | | the licensed
owner or the electronic gaming licensee to the |
4 | | Board not later than 5:00 o'clock p.m. of the day after the day
|
5 | | when the wagers were made.
|
6 | | (a-15) If the privilege tax imposed under subsection (a-3) |
7 | | is no longer imposed pursuant to item (i) of the last paragraph |
8 | | of subsection (a-3), then by June 15 of each year, each owners |
9 | | licensee, other than an owners licensee that admitted 1,000,000 |
10 | | persons or
fewer in calendar year 2004, must, in addition to |
11 | | the payment of all amounts otherwise due under this Section, |
12 | | pay to the Board a reconciliation payment in the amount, if |
13 | | any, by which the licensed owner's base amount exceeds the |
14 | | amount of net privilege tax paid by the licensed owner to the |
15 | | Board in the then current State fiscal year. A licensed owner's |
16 | | net privilege tax obligation due for the balance of the State |
17 | | fiscal year shall be reduced up to the total of the amount paid |
18 | | by the licensed owner in its June 15 reconciliation payment. |
19 | | The obligation imposed by this subsection (a-15) is binding on |
20 | | any person, firm, corporation, or other entity that acquires an |
21 | | ownership interest in any such owners license. The obligation |
22 | | imposed under this subsection (a-15) terminates on the earliest |
23 | | of: (i) July 1, 2007, (ii) the first day after the effective |
24 | | date of this amendatory Act of the 94th General Assembly that |
25 | | riverboat gambling operations are conducted pursuant to a |
26 | | dormant license, (iii) the first day that riverboat gambling |
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1 | | operations are conducted under the authority of an owners |
2 | | license that is in addition to the 10 owners licenses initially |
3 | | authorized under this Act, or (iv) the first day that a |
4 | | licensee under the Illinois Horse Racing Act of 1975 conducts |
5 | | gaming operations with slot machines or other electronic gaming |
6 | | devices. The Board must reduce the obligation imposed under |
7 | | this subsection (a-15) by an amount the Board deems reasonable |
8 | | for any of the following reasons: (A) an act or acts of God, |
9 | | (B) an act of bioterrorism or terrorism or a bioterrorism or |
10 | | terrorism threat that was investigated by a law enforcement |
11 | | agency, or (C) a condition beyond the control of the owners |
12 | | licensee that does not result from any act or omission by the |
13 | | owners licensee or any of its agents and that poses a hazardous |
14 | | threat to the health and safety of patrons. If an owners |
15 | | licensee pays an amount in excess of its liability under this |
16 | | Section, the Board shall apply the overpayment to future |
17 | | payments required under this Section. |
18 | | For purposes of this subsection (a-15): |
19 | | "Act of God" means an incident caused by the operation of |
20 | | an extraordinary force that cannot be foreseen, that cannot be |
21 | | avoided by the exercise of due care, and for which no person |
22 | | can be held liable.
|
23 | | "Base amount" means the following: |
24 | | For a riverboat in Alton, $31,000,000.
|
25 | | For a riverboat in East Peoria, $43,000,000.
|
26 | | For the Empress riverboat in Joliet, $86,000,000.
|
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1 | | For a riverboat in Metropolis, $45,000,000.
|
2 | | For the Harrah's riverboat in Joliet, $114,000,000.
|
3 | | For a riverboat in Aurora, $86,000,000.
|
4 | | For a riverboat in East St. Louis, $48,500,000.
|
5 | | For a riverboat in Elgin, $198,000,000.
|
6 | | "Dormant license" has the meaning ascribed to it in |
7 | | subsection (a-3).
|
8 | | "Net privilege tax" means all privilege taxes paid by a |
9 | | licensed owner to the Board under this Section, less all |
10 | | payments made from the State Gaming Fund pursuant to subsection |
11 | | (b) of this Section. |
12 | | The changes made to this subsection (a-15) by Public Act |
13 | | 94-839 are intended to restate and clarify the intent of Public |
14 | | Act 94-673 with respect to the amount of the payments required |
15 | | to be made under this subsection by an owners licensee to the |
16 | | Board.
|
17 | | (b) Until January 1, 1998, 25% of the tax revenue deposited |
18 | | in the State
Gaming Fund under this Section shall be paid, |
19 | | subject to appropriation by the
General Assembly, to the unit |
20 | | of local government which is designated as the
home dock of the |
21 | | riverboat. Beginning January 1, 1998, 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
adjusted gross |
24 | | receipts generated by a riverboat or a casino other than a |
25 | | riverboat designated in paragraph (3) or (4) of subsection |
26 | | (e-5) of Section 7, shall be paid monthly, subject
to |
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1 | | appropriation by the General Assembly, to the unit of local |
2 | | government in which the casino is located or that
is designated |
3 | | as the home dock of the riverboat. From the tax revenue
|
4 | | deposited in the State Gaming Fund pursuant to riverboat or |
5 | | casino gambling operations
conducted by a licensed manager on |
6 | | behalf of the State, an amount equal to 5%
of adjusted gross |
7 | | receipts generated pursuant to those riverboat or casino |
8 | | gambling
operations shall be paid monthly,
subject to |
9 | | appropriation by the General Assembly, to the unit of local
|
10 | | government that is designated as the home dock of the riverboat |
11 | | upon which
those riverboat gambling operations are conducted or |
12 | | in which the casino is located. From the tax revenue from |
13 | | riverboat or casino gambling deposited in the State Gaming Fund |
14 | | under this Section, an amount equal to 5% of the adjusted gross |
15 | | receipts generated by a riverboat designated in paragraph (3) |
16 | | of subsection (e-5) of Section 7 shall be divided and remitted |
17 | | monthly, subject to appropriation, as follows: 50% to Waukegan, |
18 | | 25% to Park City, and 25% to North Chicago. From the tax |
19 | | revenue from riverboat or casino gambling deposited in the |
20 | | State Gaming Fund under this Section, an amount equal to 5% of |
21 | | the adjusted gross receipts generated by a riverboat designated |
22 | | in paragraph (4) of subsection (e-5) of Section 7 shall be |
23 | | remitted monthly, subject to appropriation, as follows: 70% to |
24 | | the City of Rockford, 5% to the City of Loves Park, 5% to the |
25 | | Village of Machesney, and 20% to Winnebago County. Units of |
26 | | local government may refund any portion of the payment that |
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1 | | they receive pursuant to this subsection (b) to the riverboat |
2 | | or casino .
|
3 | | (b-5) Beginning on the effective date of this amendatory |
4 | | Act of the 100th General Assembly, from the tax revenue
|
5 | | deposited in the State Gaming Fund under this Section, an |
6 | | amount equal to 3% of
adjusted gross receipts generated by each |
7 | | electronic gaming facility located outside Madison County |
8 | | shall be paid monthly, subject
to appropriation by the General |
9 | | Assembly, to a municipality other than the Village of Stickney |
10 | | in which each electronic gaming facility is located or, if the |
11 | | electronic gaming facility is not located within a |
12 | | municipality, to the county in which the electronic gaming |
13 | | facility is located, except as otherwise provided in this |
14 | | Section. From the tax revenue deposited in the State Gaming |
15 | | Fund under this Section, an amount equal to 3% of adjusted |
16 | | gross receipts generated by an electronic gaming facility |
17 | | located in the Village of Stickney shall be paid monthly, |
18 | | subject to appropriation by the General Assembly, as follows: |
19 | | 25% to the Village of Stickney, 5% to the City of Berwyn, 50% |
20 | | to the Town of Cicero, and 20% to the Stickney Public Health |
21 | | District. |
22 | | From the tax revenue deposited in the State Gaming Fund |
23 | | under this Section, an amount equal to 5% of adjusted gross |
24 | | receipts generated by an electronic gaming facility located in |
25 | | the City of Collinsville shall be paid monthly, subject to |
26 | | appropriation by the General Assembly, as follows: 45% to the |
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1 | | City of Alton, 45% to the City of East St. Louis, and 10% to the |
2 | | City of Collinsville. |
3 | | Municipalities and counties may refund any portion of the |
4 | | payment that they receive pursuant to this subsection (b-5) to |
5 | | the electronic gaming facility. |
6 | | (b-6) Beginning on the effective date of this amendatory |
7 | | Act of the 100th General Assembly, from the tax revenue |
8 | | deposited in the State Gaming Fund under this Section, an |
9 | | amount equal to 2% of adjusted gross receipts generated by an |
10 | | electronic gaming facility located outside Madison County |
11 | | shall be paid monthly, subject to appropriation by the General |
12 | | Assembly, to the county in which the electronic gaming facility |
13 | | is located for the purposes of its criminal justice system or |
14 | | health care system. |
15 | | Counties may refund any portion of the payment that they |
16 | | receive pursuant to this subsection (b-6) to the electronic |
17 | | gaming facility. |
18 | | (c) Appropriations, as approved by the General Assembly, |
19 | | may be made
from the State Gaming Fund to the Board (i) for the |
20 | | administration and enforcement of this Act , the Chicago Casino |
21 | | Development Authority Act, and the Video Gaming Act, (ii) for |
22 | | distribution to the Department of State Police and to the |
23 | | Department of Revenue for the enforcement of this Act , the |
24 | | Chicago Casino Development Authority Act, and the Video Gaming |
25 | | Act , and (iii) to the
Department of Human Services for the |
26 | | administration of programs to treat
problem gambling. The |
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1 | | Board's annual appropriations request must separately state |
2 | | its funding needs for the regulation of electronic gaming, |
3 | | riverboat gaming, casino gaming within the City of Chicago, and |
4 | | video gaming. From the tax revenue deposited in the Gaming |
5 | | Facilities Fee Revenue Fund, the first $50,000,000 shall be |
6 | | paid to the Board, subject to appropriation, for the |
7 | | administration and enforcement of the provisions of this |
8 | | amendatory Act of the 100th General Assembly.
|
9 | | (c-3) Appropriations, as approved by the General Assembly, |
10 | | may be made from the tax revenue deposited into the State |
11 | | Gaming Fund from electronic gaming pursuant to this Section for |
12 | | the administration and enforcement of this Act.
|
13 | | (c-4) After payments required under subsections (b), |
14 | | (b-5), (b-6), (c), and (c-3) have been made from the tax |
15 | | revenue from electronic gaming deposited into the State Gaming |
16 | | Fund under this Section, all remaining amounts from electronic |
17 | | gaming shall be deposited into the Education Assistance Fund. |
18 | | (c-5) Before May 26, 2006 (the effective date of Public Act |
19 | | 94-804) and beginning on the effective date of this amendatory |
20 | | Act of the 95th General Assembly, unless any organization |
21 | | licensee under the Illinois Horse Racing Act of 1975 begins to |
22 | | operate a slot machine or video game of chance under the |
23 | | Illinois Horse Racing Act of 1975 or this Act, after the |
24 | | payments required under subsections (b) and (c) have been
made, |
25 | | an amount equal to 15% of the adjusted gross receipts of (1) an |
26 | | owners
licensee that relocates pursuant to Section 11.2,
(2) an |
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1 | | owners licensee
conducting riverboat gambling operations
|
2 | | pursuant to an
owners license that is initially issued after |
3 | | June
25, 1999,
or (3) the first
riverboat gambling operations |
4 | | conducted by a licensed manager on behalf of the
State under |
5 | | Section 7.3,
whichever comes first, shall be paid from the |
6 | | State
Gaming Fund into the Horse Racing Equity Fund.
|
7 | | (c-10) Each year the General Assembly shall appropriate |
8 | | from the General
Revenue Fund to the Education Assistance Fund |
9 | | an amount equal to the amount
paid into the Horse Racing Equity |
10 | | Fund pursuant to subsection (c-5) in the
prior calendar year.
|
11 | | (c-15) After the payments required under subsections (b), |
12 | | (c), and (c-5)
have been made, an amount equal to 2% of the |
13 | | adjusted gross receipts of (1)
an owners licensee that |
14 | | relocates pursuant to Section 11.2, (2) an owners
licensee |
15 | | conducting riverboat gambling operations pursuant to
an
owners |
16 | | license that is initially issued after June 25, 1999,
or (3) |
17 | | the first
riverboat gambling operations conducted by a licensed |
18 | | manager on behalf of the
State under Section 7.3,
whichever |
19 | | comes first, shall be paid, subject to appropriation
from the |
20 | | General Assembly, from the State Gaming Fund to each home rule
|
21 | | county with a population of over 3,000,000 inhabitants for the |
22 | | purpose of
enhancing the county's criminal justice system.
|
23 | | (c-20) Each year the General Assembly shall appropriate |
24 | | from the General
Revenue Fund to the Education Assistance Fund |
25 | | an amount equal to the amount
paid to each home rule county |
26 | | with a population of over 3,000,000 inhabitants
pursuant to |
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1 | | subsection (c-15) in the prior calendar year.
|
2 | | (c-25) On July 1, 2013 and each July 1 thereafter, |
3 | | $1,600,000 shall be transferred from the State Gaming Fund to |
4 | | the Chicago State University Education Improvement Fund.
|
5 | | (c-30) On July 1, 2013 or as soon as possible thereafter, |
6 | | $92,000,000 shall be transferred from the State Gaming Fund to |
7 | | the School Infrastructure Fund and $23,000,000 shall be |
8 | | transferred from the State Gaming Fund to the Horse Racing |
9 | | Equity Fund. |
10 | | (c-35) Beginning on July 1, 2013, in addition to any amount |
11 | | transferred under subsection (c-30) of this Section, |
12 | | $5,530,000 shall be transferred monthly from the State Gaming |
13 | | Fund to the School Infrastructure Fund. |
14 | | (d) From time to time, the
Board shall transfer the |
15 | | remainder of the funds
generated by this Act into the Education
|
16 | | Assistance Fund, created by Public Act 86-0018, of the State of |
17 | | Illinois.
|
18 | | (e) Nothing in this Act shall prohibit the unit of local |
19 | | government
designated as the home dock of the riverboat from |
20 | | entering into agreements
with other units of local government |
21 | | in this State or in other states to
share its portion of the |
22 | | tax revenue.
|
23 | | (f) To the extent practicable, the Board shall administer |
24 | | and collect the
wagering taxes imposed by this Section in a |
25 | | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, |
26 | | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the |
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1 | | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform |
2 | | Penalty and Interest Act.
|
3 | | (Source: P.A. 98-18, eff. 6-7-13.)
|
4 | | (230 ILCS 10/14) (from Ch. 120, par. 2414)
|
5 | | Sec. 14. Licensees - Records - Reports - Supervision.
|
6 | | (a) Licensed owners and electronic gaming licensees A |
7 | | licensed owner shall keep his books and records so as to |
8 | | clearly
show the following:
|
9 | | (1) The amount received daily from admission fees.
|
10 | | (2) The total amount of gross receipts.
|
11 | | (3) The total amount of the adjusted gross receipts.
|
12 | | (b) Licensed owners and electronic gaming licensees The |
13 | | licensed owner shall furnish to the Board reports and |
14 | | information as
the Board may require with respect to its |
15 | | activities on forms designed and
supplied for such purpose by |
16 | | the Board.
|
17 | | (c) The books and records kept by a licensed owner as |
18 | | provided by this Section are
public records and the |
19 | | examination, publication, and dissemination of the
books and |
20 | | records are governed by the provisions of The Freedom of |
21 | | Information Act.
|
22 | | (Source: P.A. 86-1029.)
|
23 | | (230 ILCS 10/15) (from Ch. 120, par. 2415)
|
24 | | Sec. 15. Audit of Licensee Operations. Annually, the |
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1 | | licensed owner , or manager , or electronic gaming licensee shall
|
2 | | transmit to the Board an audit of the financial transactions
|
3 | | and condition of the licensee's or manager's total operations. |
4 | | Additionally, within 90 days after the end of each quarter of |
5 | | each fiscal year, the licensed owner , or manager , or electronic |
6 | | gaming licensee shall transmit to the Board a compliance report |
7 | | on engagement procedures determined by the Board. All audits |
8 | | and compliance engagements shall be
conducted by certified |
9 | | public accountants selected by the Board. Each
certified public |
10 | | accountant must be registered in the State of
Illinois under |
11 | | the Illinois Public Accounting Act.
The compensation for each |
12 | | certified public accountant shall be paid
directly by the |
13 | | licensed owner , or manager , or electronic gaming licensee to |
14 | | the certified public
accountant.
|
15 | | (Source: P.A. 96-1392, eff. 1-1-11.)
|
16 | | (230 ILCS 10/16) (from Ch. 120, par. 2416)
|
17 | | Sec. 16. Annual Report of Board. The Board shall make an
|
18 | | annual report to the Governor, for the period ending December |
19 | | 31 of each
year. Included in the report shall be an account of |
20 | | the Board
actions, its financial position and results of |
21 | | operation under this Act and the Chicago Casino Development |
22 | | Authority Act ,
the practical results attained under this Act |
23 | | and the Chicago Casino Development Authority Act and any |
24 | | recommendations for
legislation which the Board deems |
25 | | advisable.
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1 | | (Source: P.A. 86-1029.)
|
2 | | (230 ILCS 10/17) (from Ch. 120, par. 2417)
|
3 | | Sec. 17. Administrative Procedures. The Illinois |
4 | | Administrative Procedure
Act shall apply to all administrative |
5 | | rules and procedures of the Board under
this Act , the Chicago |
6 | | Casino Development Authority Act, and or the Video Gaming Act, |
7 | | except that: (1) subsection (b) of Section 5-10 of the Illinois
|
8 | | Administrative Procedure Act does not apply to final orders, |
9 | | decisions and
opinions of the Board; (2) subsection (a) of |
10 | | Section 5-10 of the Illinois
Administrative Procedure Act does |
11 | | not apply to forms established by the Board
for use under this |
12 | | Act , the Chicago Casino Development Authority Act, and or the |
13 | | Video Gaming Act; (3) the provisions of Section 10-45 of the |
14 | | Illinois
Administrative Procedure Act regarding proposals for |
15 | | decision are excluded
under this Act , the Chicago Casino |
16 | | Development Authority Act, and or the Video Gaming Act; and (4) |
17 | | the provisions of subsection (d) of Section
10-65 of the |
18 | | Illinois Administrative Procedure Act do not apply so as to
|
19 | | prevent summary suspension of any license pending revocation or |
20 | | other action,
which suspension shall remain in effect unless |
21 | | modified by the Board or unless
the Board's decision is |
22 | | reversed on the merits upon judicial review.
|
23 | | (Source: P.A. 96-34, eff. 7-13-09.)
|
24 | | (230 ILCS 10/17.1) (from Ch. 120, par. 2417.1)
|
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1 | | Sec. 17.1. Judicial Review.
|
2 | | (a) Jurisdiction and venue for the judicial
review of a |
3 | | final order of the Board relating to licensed owners, |
4 | | suppliers , electronic gaming licensees, and or
special event |
5 | | licenses is vested in the Appellate Court of
the judicial |
6 | | district in which Sangamon County is located. A
petition for |
7 | | judicial review of a final order of the Board must be filed in
|
8 | | the Appellate Court, within 35 days from the date that a copy |
9 | | of the decision
sought to be reviewed was served upon the party |
10 | | affected by the decision.
|
11 | | (b) Judicial review of all other final orders of the Board |
12 | | shall be
conducted in accordance with the Administrative Review |
13 | | Law.
|
14 | | (Source: P.A. 88-1.)
|
15 | | (230 ILCS 10/18) (from Ch. 120, par. 2418)
|
16 | | Sec. 18. Prohibited Activities - Penalty.
|
17 | | (a) A person is guilty of a Class A misdemeanor for doing |
18 | | any of the
following:
|
19 | | (1) Conducting gambling where wagering
is used or to be |
20 | | used
without a license issued by the Board.
|
21 | | (2) Conducting gambling where wagering
is permitted |
22 | | other
than in the manner specified by Section 11.
|
23 | | (b) A person is guilty of a Class B misdemeanor for doing |
24 | | any of the
following:
|
25 | | (1) permitting a person under 21 years to make a wager; |
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1 | | or
|
2 | | (2) violating paragraph (12) of subsection (a) of |
3 | | Section 11 of this Act.
|
4 | | (c) A person wagering or accepting a wager at any location |
5 | | outside the
riverboat , casino, or electronic gaming facility in |
6 | | violation of paragraph is subject to the penalties in |
7 | | paragraphs (1) or (2) of
subsection (a) of Section 28-1 of the |
8 | | Criminal Code of 2012 is subject to the penalties provided in |
9 | | that Section .
|
10 | | (d) A person commits a Class 4 felony and, in addition, |
11 | | shall be barred
for life from gambling operations riverboats |
12 | | under the jurisdiction of the
Board, if the person does any of |
13 | | the following:
|
14 | | (1) Offers, promises, or gives anything of value or |
15 | | benefit to a person
who is connected with a riverboat or |
16 | | casino owner or electronic gaming licensee, including, but
|
17 | | not limited to, an officer or employee of a licensed owner , |
18 | | electronic gaming licensee, or holder of an
occupational |
19 | | license pursuant to an agreement or arrangement or with the
|
20 | | intent that the promise or thing of value or benefit will |
21 | | influence the
actions of the person to whom the offer, |
22 | | promise, or gift was made in order
to affect or attempt to |
23 | | affect the outcome of a gambling game, or to
influence |
24 | | official action of a member of the Board.
|
25 | | (2) Solicits or knowingly accepts or receives a promise |
26 | | of anything of
value or benefit while the person is |
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1 | | connected with a riverboat , casino, or electronic gaming |
2 | | facility,
including, but not limited to, an officer or |
3 | | employee of a licensed owner or electronic gaming licensee ,
|
4 | | or the holder of an occupational license, pursuant to an |
5 | | understanding or
arrangement or with the intent that the |
6 | | promise or thing of value or
benefit will influence the |
7 | | actions of the person to affect or attempt to
affect the |
8 | | outcome of a gambling game, or to influence official action |
9 | | of a
member of the Board.
|
10 | | (3) Uses or possesses with the intent to use a device |
11 | | to assist:
|
12 | | (i) In projecting the outcome of the game.
|
13 | | (ii) In keeping track of the cards played.
|
14 | | (iii) In analyzing the probability of the |
15 | | occurrence of an event
relating to the gambling game.
|
16 | | (iv) In analyzing the strategy for playing or |
17 | | betting to be used in the
game except as permitted by |
18 | | the Board.
|
19 | | (4) Cheats at a gambling game.
|
20 | | (5) Manufactures, sells, or distributes any cards, |
21 | | chips, dice, game or
device which is intended to be used to |
22 | | violate any provision of this Act or the Chicago Casino |
23 | | Development Authority Act .
|
24 | | (6) Alters or misrepresents the outcome of a gambling |
25 | | game on which
wagers have been made after the outcome is |
26 | | made sure but before it is
revealed to the players.
|
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1 | | (7) Places a bet after acquiring knowledge, not |
2 | | available to all players,
of the outcome of the gambling |
3 | | game which is subject of the bet or to aid a
person in |
4 | | acquiring the knowledge for the purpose of placing a bet
|
5 | | contingent on that outcome.
|
6 | | (8) Claims, collects, or takes, or attempts to claim, |
7 | | collect, or take,
money or anything of value in or from the |
8 | | gambling games, with intent to
defraud, without having made |
9 | | a wager contingent on winning a gambling game,
or claims, |
10 | | collects, or takes an amount of money or thing of value of
|
11 | | greater value than the amount won.
|
12 | | (9) Uses counterfeit chips or tokens in a gambling |
13 | | game.
|
14 | | (10) Possesses any key or device designed for the |
15 | | purpose of opening,
entering, or affecting the operation of |
16 | | a gambling game, drop box, or an
electronic or mechanical |
17 | | device connected with the gambling game or for
removing |
18 | | coins, tokens, chips or other contents of a gambling game. |
19 | | This
paragraph (10) does not apply to a gambling licensee |
20 | | or employee of a
gambling licensee acting in furtherance of |
21 | | the employee's employment.
|
22 | | (e) The possession of more than one of the devices |
23 | | described in
subsection (d), paragraphs (3), (5), or (10) |
24 | | permits a rebuttable
presumption that the possessor intended to |
25 | | use the devices for cheating.
|
26 | | (f) A person under the age of 21 who, except as authorized |
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1 | | under paragraph (10) of Section 11, enters upon a riverboat or |
2 | | in a casino or electronic gaming facility commits a petty |
3 | | offense and is subject to a fine of not less than $100 or more |
4 | | than $250 for a first offense and of not less than $200 or more |
5 | | than $500 for a second or subsequent offense. |
6 | | An action to prosecute any crime occurring on a riverboat
|
7 | | shall be tried in the county of the dock at which the riverboat |
8 | | is based. An action to prosecute any crime occurring in a |
9 | | casino or electronic gaming facility
shall be tried in the |
10 | | county in which the casino or electronic gaming facility is |
11 | | located.
|
12 | | (Source: P.A. 96-1392, eff. 1-1-11; 97-1150, eff. 1-25-13.)
|
13 | | (230 ILCS 10/18.1) |
14 | | Sec. 18.1. Distribution of certain fines. If a fine is |
15 | | imposed on an owner licensee or an electronic gaming licensee |
16 | | for knowingly sending marketing or promotional materials to any |
17 | | person placed on the self-exclusion list, then the Board shall |
18 | | distribute an amount equal to 15% of the fine imposed to the |
19 | | unit of local government in which the casino, riverboat , or |
20 | | electronic gaming facility is located for the purpose of |
21 | | awarding grants to non-profit entities that assist gambling |
22 | | addicts.
|
23 | | (Source: P.A. 96-224, eff. 8-11-09.)
|
24 | | (230 ILCS 10/19) (from Ch. 120, par. 2419)
|
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1 | | Sec. 19. Forfeiture of property. |
2 | | (a) Except as provided in
subsection (b), any riverboat , |
3 | | casino, or electronic gaming facility
used for the conduct of |
4 | | gambling games in violation of this Act shall be
considered a |
5 | | gambling place in violation of Section 28-3 of the Criminal
|
6 | | Code of 2012. Every gambling device found on
a riverboat , in a |
7 | | casino, or at an electronic gaming facility operating gambling |
8 | | games in violation of this
Act and every slot machine and video |
9 | | game of chance found at an electronic gaming facility operating |
10 | | gambling games in violation of this Act or the Chicago Casino |
11 | | Development Authority Act shall be subject to seizure, |
12 | | confiscation and destruction as provided
in Section 28-5 of the |
13 | | Criminal Code of 2012.
|
14 | | (b) It is not a violation of this Act for a riverboat or |
15 | | other
watercraft which is licensed for gaming by a contiguous |
16 | | state to dock on
the shores of this State if the municipality |
17 | | having jurisdiction of the
shores, or the county in the case of |
18 | | unincorporated areas, has granted
permission for docking and no |
19 | | gaming is conducted on the riverboat or other
watercraft while |
20 | | it is docked on the shores of this State.
No gambling device |
21 | | shall be subject to seizure, confiscation or
destruction if the |
22 | | gambling device is located on a riverboat or other
watercraft |
23 | | which is licensed for gaming by a contiguous state and which is
|
24 | | docked on the shores of this State if the municipality having |
25 | | jurisdiction
of the shores, or the county in the case of |
26 | | unincorporated areas, has
granted permission for docking and no
|
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1 | | gaming is conducted on the riverboat or other watercraft while |
2 | | it is docked on
the shores of this State.
|
3 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
4 | | (230 ILCS 10/20) (from Ch. 120, par. 2420)
|
5 | | Sec. 20. Prohibited activities - civil penalties. Any |
6 | | person who
conducts a gambling operation without first |
7 | | obtaining a
license to do so, or who continues to conduct such |
8 | | games after revocation
of his license, or any licensee who |
9 | | conducts or allows to be
conducted any unauthorized gambling |
10 | | games on a riverboat , in a casino, or at an electronic gaming |
11 | | facility where it is
authorized to conduct its riverboat |
12 | | gambling operation, in addition to
other penalties provided, |
13 | | shall be subject to a civil penalty equal to the
amount of |
14 | | gross receipts derived from wagering on the gambling games,
|
15 | | whether unauthorized or authorized, conducted on that day as |
16 | | well as
confiscation and forfeiture of all gambling game |
17 | | equipment used in the
conduct of unauthorized gambling games.
|
18 | | (Source: P.A. 86-1029.)
|
19 | | (230 ILCS 10/21) (from Ch. 120, par. 2421)
|
20 | | Sec. 21. Limitation on taxation of licensees. Licensees |
21 | | shall not be
subjected to any excise tax, license tax,
permit |
22 | | tax, privilege tax, occupation tax or excursion tax which is |
23 | | imposed
exclusively upon the licensee by the State or any |
24 | | political
subdivision thereof, except as provided in this Act |
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1 | | or the Chicago Casino Development Authority Act .
|
2 | | (Source: P.A. 86-1029.)
|
3 | | (230 ILCS 10/23) (from Ch. 120, par. 2423)
|
4 | | Sec. 23. The State Gaming Fund. On or after the effective |
5 | | date of
this Act, except as provided for payments into the |
6 | | Horse Racing Equity Trust Fund under subsection (a) of Section |
7 | | 7, all of the fees and taxes collected pursuant to
this Act or |
8 | | the Chicago Casino Development Authority Act shall be deposited |
9 | | into the State Gaming Fund, a
special fund in the State |
10 | | Treasury, which is hereby created. The adjusted
gross receipts |
11 | | of any riverboat gambling operations conducted by a licensed
|
12 | | manager on behalf of the State remaining after the payment of |
13 | | the fees and
expenses of the licensed manager shall be |
14 | | deposited into the State Gaming
Fund. Fines and
penalties |
15 | | collected pursuant to this Act or the Chicago Casino |
16 | | Development Authority Act shall be deposited into the
Education |
17 | | Assistance Fund, created by Public Act 86-0018, of the State of
|
18 | | Illinois.
|
19 | | (Source: P.A. 93-28, eff. 6-20-03; 94-804, eff. 5-26-06.)
|
20 | | (230 ILCS 10/24)
|
21 | | Sec. 24. Applicability of this Illinois Riverboat Gambling |
22 | | Act. The provisions of the this Illinois Riverboat Gambling |
23 | | Act, and all rules promulgated thereunder, shall apply to the |
24 | | Chicago Casino Development Authority Act and the Video Gaming |
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1 | | Act, except where there is a conflict between the 2 Acts. In |
2 | | the event of a conflict between this Act and the Chicago Casino |
3 | | Development Authority Act, the terms of the Chicago Casino |
4 | | Development Authority Act shall prevail. In the event of a |
5 | | conflict between this Act and the Video Gaming Act, the terms |
6 | | of this Act shall prevail.
|
7 | | (Source: P.A. 96-37, eff. 7-13-09.) |
8 | | Section 90-42. The Video Gaming
Act is amended by changing |
9 | | Sections 5, 25, 45, 79, and 80 as follows:
|
10 | | (230 ILCS 40/5)
|
11 | | Sec. 5. Definitions. As used in this Act:
|
12 | | "Board" means the Illinois Gaming Board.
|
13 | | "Credit" means one, 5, 10, or 25 cents either won or |
14 | | purchased by a player.
|
15 | | "Distributor" means an individual, partnership, |
16 | | corporation, or limited liability company licensed under
this |
17 | | Act to buy, sell, lease, or distribute video gaming terminals |
18 | | or major
components or parts of video gaming terminals to or |
19 | | from terminal
operators.
|
20 | | "Electronic card" means a card purchased from a licensed |
21 | | establishment, licensed fraternal establishment, licensed |
22 | | veterans establishment, or licensed truck stop establishment |
23 | | for use in that establishment as a substitute for cash in the |
24 | | conduct of gaming on a video gaming terminal. |
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1 | | "Electronic voucher" means a voucher printed by an |
2 | | electronic video game machine that is redeemable in the |
3 | | licensed establishment for which it was issued. |
4 | | "Terminal operator" means an individual, partnership, |
5 | | corporation, or limited liability company that is
licensed |
6 | | under this Act and that owns, services, and maintains video
|
7 | | gaming terminals for placement in licensed establishments, |
8 | | licensed truck stop establishments, licensed fraternal
|
9 | | establishments, or licensed veterans establishments.
|
10 | | "Licensed technician" means an individual
who
is licensed |
11 | | under this Act to repair,
service, and maintain
video gaming |
12 | | terminals.
|
13 | | "Licensed terminal handler" means a person, including but |
14 | | not limited to an employee or independent contractor working |
15 | | for a manufacturer, distributor, supplier, technician, or |
16 | | terminal operator, who is licensed under this Act to possess or |
17 | | control a video gaming terminal or to have access to the inner |
18 | | workings of a video gaming terminal. A licensed terminal |
19 | | handler does not include an individual, partnership, |
20 | | corporation, or limited liability company defined as a |
21 | | manufacturer, distributor, supplier, technician, or terminal |
22 | | operator under this Act. |
23 | | "Manufacturer" means an individual, partnership, |
24 | | corporation, or limited liability company that is
licensed |
25 | | under this Act and that manufactures or assembles video gaming
|
26 | | terminals.
|
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1 | | "Supplier" means an individual, partnership, corporation, |
2 | | or limited liability company that is
licensed under this Act to |
3 | | supply major components or parts to video gaming
terminals to |
4 | | licensed
terminal operators.
|
5 | | "Net terminal income" means money put into a video gaming |
6 | | terminal minus
credits paid out to players.
|
7 | | "Video gaming terminal" means any electronic video game |
8 | | machine
that, upon insertion of cash, electronic cards or |
9 | | vouchers, or any combination thereof, is available to play or |
10 | | simulate the play of
a video game, including but not limited to |
11 | | video poker, line up, and blackjack, as
authorized by the Board |
12 | | utilizing a video display and microprocessors in
which the |
13 | | player may receive free games or credits that can be
redeemed |
14 | | for cash. The term does not include a machine that directly
|
15 | | dispenses coins, cash, or tokens or is for amusement purposes |
16 | | only.
|
17 | | "Licensed establishment" means any licensed retail |
18 | | establishment where
alcoholic liquor is drawn, poured, mixed, |
19 | | or otherwise served for consumption
on the premises, whether |
20 | | the establishment operates on a nonprofit or for-profit basis. |
21 | | "Licensed establishment" includes any such establishment that |
22 | | has a contractual relationship with an inter-track wagering |
23 | | location licensee licensed under the Illinois Horse Racing Act |
24 | | of 1975, provided any contractual relationship shall not |
25 | | include any transfer or offer of revenue from the operation of |
26 | | video gaming under this Act to any licensee licensed under the |
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1 | | Illinois Horse Racing Act of 1975. Provided, however, that the |
2 | | licensed establishment that has such a contractual |
3 | | relationship with an inter-track wagering location licensee |
4 | | may not, itself, be (i) an inter-track wagering location |
5 | | licensee, (ii) the corporate parent or subsidiary of any |
6 | | licensee licensed under the Illinois Horse Racing Act of 1975, |
7 | | or (iii) the corporate subsidiary of a corporation that is also |
8 | | the corporate parent or subsidiary of any licensee licensed |
9 | | under the Illinois Horse Racing Act of 1975. "Licensed |
10 | | establishment" does not include a facility operated by an |
11 | | organization licensee, an inter-track wagering licensee, or an |
12 | | inter-track wagering location licensee licensed under the |
13 | | Illinois Horse Racing Act of 1975 or a riverboat licensed under |
14 | | the Illinois Riverboat Gambling Act, except as provided in this |
15 | | paragraph. The changes made to this definition by Public Act |
16 | | 98-587 are declarative of existing law.
|
17 | | "Licensed fraternal establishment" means the location |
18 | | where a qualified
fraternal organization that derives its |
19 | | charter from a national fraternal
organization regularly |
20 | | meets.
|
21 | | "Licensed veterans establishment" means the location where |
22 | | a qualified
veterans organization that derives its charter from |
23 | | a national veterans
organization regularly meets.
|
24 | | "Licensed truck stop establishment" means a facility (i) |
25 | | that is at least a
3-acre facility with a convenience store, |
26 | | (ii) with separate diesel
islands for fueling commercial motor |
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1 | | vehicles, (iii) that sells at retail more than 10,000 gallons |
2 | | of diesel or biodiesel fuel per month, and (iv) with parking |
3 | | spaces for commercial
motor vehicles. "Commercial motor |
4 | | vehicles" has the same meaning as defined in Section 18b-101 of |
5 | | the Illinois Vehicle Code. The requirement of item (iii) of |
6 | | this paragraph may be met by showing that estimated future |
7 | | sales or past sales average at least 10,000 gallons per month.
|
8 | | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; |
9 | | 98-582, eff. 8-27-13; 98-587, eff. 8-27-13; 98-756, eff. |
10 | | 7-16-14.)
|
11 | | (230 ILCS 40/25)
|
12 | | Sec. 25. Restriction of licensees.
|
13 | | (a) Manufacturer. A person may not be licensed as a |
14 | | manufacturer of a
video gaming terminal in Illinois unless the |
15 | | person has a valid
manufacturer's license issued
under this |
16 | | Act. A manufacturer may only sell video gaming terminals for |
17 | | use
in Illinois to
persons having a valid distributor's |
18 | | license.
|
19 | | (b) Distributor. A person may not sell, distribute, or |
20 | | lease
or market a video gaming terminal in Illinois unless the |
21 | | person has a valid
distributor's
license issued under this Act. |
22 | | A distributor may only sell video gaming
terminals for use in
|
23 | | Illinois to persons having a valid distributor's or terminal |
24 | | operator's
license.
|
25 | | (c) Terminal operator. A person may not own, maintain, or |
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1 | | place a video gaming terminal unless he has a valid terminal |
2 | | operator's
license issued
under this Act. A terminal operator |
3 | | may only place video gaming terminals for
use in
Illinois in |
4 | | licensed establishments, licensed truck stop establishments, |
5 | | licensed fraternal establishments,
and
licensed veterans |
6 | | establishments.
No terminal operator may give anything of |
7 | | value, including but not limited to
a loan or financing |
8 | | arrangement, to a licensed establishment, licensed truck stop |
9 | | establishment,
licensed fraternal establishment, or licensed |
10 | | veterans establishment as
any incentive or inducement to locate |
11 | | video terminals in that establishment.
Of the after-tax profits
|
12 | | from a video gaming terminal, 50% shall be paid to the terminal
|
13 | | operator and 50% shall be paid to the licensed establishment, |
14 | | licensed truck stop establishment,
licensed fraternal |
15 | | establishment, or
licensed veterans establishment, |
16 | | notwithstanding any agreement to the contrary.
A video terminal |
17 | | operator that violates one or more requirements of this |
18 | | subsection is guilty of a Class 4 felony and is subject to |
19 | | termination of his or her license by the Board.
|
20 | | (d) Licensed technician. A person may not service, |
21 | | maintain, or repair a
video gaming terminal
in this State |
22 | | unless he or she (1) has a valid technician's license issued
|
23 | | under this Act, (2) is a terminal operator, or (3) is employed |
24 | | by a terminal
operator, distributor, or manufacturer.
|
25 | | (d-5) Licensed terminal handler. No person, including, but |
26 | | not limited to, an employee or independent contractor working |
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1 | | for a manufacturer, distributor, supplier, technician, or |
2 | | terminal operator licensed pursuant to this Act, shall have |
3 | | possession or control of a video gaming terminal, or access to |
4 | | the inner workings of a video gaming terminal, unless that |
5 | | person possesses a valid terminal handler's license issued |
6 | | under this Act. |
7 | | (e) Licensed establishment. No video gaming terminal may be |
8 | | placed in any licensed establishment, licensed veterans |
9 | | establishment, licensed truck stop establishment,
or licensed |
10 | | fraternal establishment
unless the owner
or agent of the owner |
11 | | of the licensed establishment, licensed veterans |
12 | | establishment, licensed truck stop establishment, or licensed
|
13 | | fraternal establishment has entered into a
written use |
14 | | agreement with the terminal operator for placement of the
|
15 | | terminals. A copy of the use agreement shall be on file in the |
16 | | terminal
operator's place of business and available for |
17 | | inspection by individuals
authorized by the Board. A licensed |
18 | | establishment, licensed truck stop establishment, licensed |
19 | | veterans establishment,
or
licensed
fraternal
establishment |
20 | | may operate up to 5 video gaming terminals on its premises at |
21 | | any
time.
|
22 | | (f) (Blank).
|
23 | | (g) Financial interest restrictions.
As used in this Act, |
24 | | "substantial interest" in a partnership, a corporation, an
|
25 | | organization, an association, a business, or a limited |
26 | | liability company means:
|
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1 | | (A) When, with respect to a sole proprietorship, an |
2 | | individual or
his or her spouse owns, operates, manages, or |
3 | | conducts, directly
or indirectly, the organization, |
4 | | association, or business, or any part thereof;
or
|
5 | | (B) When, with respect to a partnership, the individual |
6 | | or his or
her spouse shares in any of the profits, or |
7 | | potential profits,
of the partnership activities; or
|
8 | | (C) When, with respect to a corporation, an individual |
9 | | or his or her
spouse is an officer or director, or the |
10 | | individual or his or her spouse is a holder, directly or |
11 | | beneficially, of 5% or more of any class
of stock of the |
12 | | corporation; or
|
13 | | (D) When, with respect to an organization not covered |
14 | | in (A), (B) or
(C) above, an individual or his or her |
15 | | spouse is an officer or manages the
business affairs, or |
16 | | the individual or his or her spouse is the
owner of or |
17 | | otherwise controls 10% or more of the assets of the |
18 | | organization;
or
|
19 | | (E) When an individual or his or her spouse furnishes
|
20 | | 5% or more of the capital, whether in cash, goods, or |
21 | | services, for the
operation of any business, association, |
22 | | or organization during any calendar
year; or |
23 | | (F) When, with respect to a limited liability company, |
24 | | an individual or his or her
spouse is a member, or the |
25 | | individual or his or her spouse is a holder, directly or |
26 | | beneficially, of 5% or more of the membership interest of |
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1 | | the limited liability company.
|
2 | | For purposes of this subsection (g), "individual" includes |
3 | | all individuals or their spouses whose combined interest would |
4 | | qualify as a substantial interest under this subsection (g) and |
5 | | whose activities with respect to an organization, association, |
6 | | or business are so closely aligned or coordinated as to |
7 | | constitute the activities of a single entity. |
8 | | (h) Location restriction. A licensed establishment, |
9 | | licensed truck stop establishment, licensed
fraternal
|
10 | | establishment, or licensed veterans establishment that is (i) |
11 | | located within 1,000
feet of a facility operated by an |
12 | | organization licensee licensed under the Illinois Horse Racing |
13 | | Act of 1975 or the home dock of a riverboat licensed under the |
14 | | Illinois Riverboat
Gambling Act or (ii) located within 100 feet |
15 | | of a school or a place of worship under the Religious |
16 | | Corporation Act, is ineligible to operate a video gaming |
17 | | terminal. The location restrictions in this subsection (h) do |
18 | | not apply if (A) a facility operated by an organization |
19 | | licensee, a school, or a place of worship moves to or is |
20 | | established within the restricted area after a licensed |
21 | | establishment, licensed truck stop establishment, licensed |
22 | | fraternal establishment, or licensed veterans establishment |
23 | | becomes licensed under this Act or (B) a school or place of |
24 | | worship moves to or is established within the restricted area |
25 | | after a licensed establishment, licensed truck stop |
26 | | establishment, licensed fraternal establishment, or licensed |
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1 | | veterans establishment obtains its original liquor license. |
2 | | For the purpose of this subsection, "school" means an |
3 | | elementary or secondary public school, or an elementary or |
4 | | secondary private school registered with or recognized by the |
5 | | State Board of Education. |
6 | | Notwithstanding the provisions of this subsection (h), the |
7 | | Board may waive the requirement that a licensed establishment, |
8 | | licensed truck stop establishment, licensed fraternal |
9 | | establishment, or licensed veterans establishment not be |
10 | | located within 1,000 feet from a facility operated by an |
11 | | organization licensee licensed under the Illinois Horse Racing |
12 | | Act of 1975 or the home dock of a riverboat licensed under the |
13 | | Illinois Riverboat Gambling Act. The Board shall not grant such |
14 | | waiver if there is any common ownership or control, shared |
15 | | business activity, or contractual arrangement of any type |
16 | | between the establishment and the organization licensee or |
17 | | owners licensee of a riverboat. The Board shall adopt rules to |
18 | | implement the provisions of this paragraph. |
19 | | (i) Undue economic concentration. In addition to |
20 | | considering all other requirements under this Act, in deciding |
21 | | whether to approve the operation of video gaming terminals by a |
22 | | terminal operator in a location, the Board shall consider the |
23 | | impact of any economic concentration of such operation of video |
24 | | gaming terminals. The Board shall not allow a terminal operator |
25 | | to operate video gaming terminals if the Board determines such |
26 | | operation will result in undue economic concentration. For |
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1 | | purposes of this Section, "undue economic concentration" means |
2 | | that a terminal operator would have such actual or potential |
3 | | influence over video gaming terminals in Illinois as to: |
4 | | (1) substantially impede or suppress competition among |
5 | | terminal operators; |
6 | | (2) adversely impact the economic stability of the |
7 | | video gaming industry in Illinois; or |
8 | | (3) negatively impact the purposes of the Video Gaming |
9 | | Act. |
10 | | The Board shall adopt rules concerning undue economic |
11 | | concentration with respect to the operation of video gaming |
12 | | terminals in Illinois. The rules shall include, but not be |
13 | | limited to, (i) limitations on the number of video gaming |
14 | | terminals operated by any terminal operator within a defined |
15 | | geographic radius and (ii) guidelines on the discontinuation of |
16 | | operation of any such video gaming terminals the Board |
17 | | determines will cause undue economic concentration.
|
18 | | (j) The provisions of the Illinois Antitrust Act are fully |
19 | | and equally applicable to the activities of any licensee under |
20 | | this Act.
|
21 | | (Source: P.A. 97-333, eff. 8-12-11; 98-31, eff. 6-24-13; 98-77, |
22 | | eff. 7-15-13; 98-112, eff. 7-26-13; 98-756, eff. 7-16-14.)
|
23 | | (230 ILCS 40/45)
|
24 | | Sec. 45. Issuance of license.
|
25 | | (a) The burden is upon each applicant to
demonstrate his |
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1 | | suitability for licensure. Each video gaming terminal
|
2 | | manufacturer, distributor, supplier, operator, handler, |
3 | | licensed establishment, licensed truck stop establishment, |
4 | | licensed
fraternal
establishment, and licensed veterans |
5 | | establishment shall be
licensed by the Board.
The Board may |
6 | | issue or deny a license under this Act to any person pursuant |
7 | | to the same criteria set forth in Section 9 of the Illinois |
8 | | Riverboat Gambling Act.
|
9 | | (a-5) The Board shall not grant a license to a person who |
10 | | has facilitated, enabled, or participated in the use of |
11 | | coin-operated devices for gambling purposes or who is under the |
12 | | significant influence or control of such a person. For the |
13 | | purposes of this Act, "facilitated, enabled, or participated in |
14 | | the use of coin-operated amusement devices for gambling |
15 | | purposes" means that the person has been convicted of any |
16 | | violation of Article 28 of the Criminal Code of 1961 or the |
17 | | Criminal Code of 2012. If there is pending legal action against |
18 | | a person for any such violation, then the Board shall delay the |
19 | | licensure of that person until the legal action is resolved. |
20 | | (b) 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 submit to a background |
25 | | investigation conducted by the Board with the assistance of the |
26 | | State Police or other law enforcement. To the extent that the |
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1 | | corporate structure of the applicant allows, the background |
2 | | investigation shall include any or all of the following as the |
3 | | Board deems appropriate or as provided by rule for each |
4 | | category of licensure: (i) each beneficiary of a trust, (ii) |
5 | | each partner of a partnership, (iii) each member of a limited |
6 | | liability company, (iv) each director and officer of a publicly |
7 | | or non-publicly held corporation, (v) each stockholder of a |
8 | | non-publicly held corporation, (vi) each stockholder of 5% or |
9 | | more of a publicly held corporation, or (vii) each stockholder |
10 | | of 5% or more in a parent or subsidiary corporation. |
11 | | (c) Each person seeking and possessing a license as a video |
12 | | gaming terminal manufacturer, distributor, supplier, operator, |
13 | | handler, licensed establishment, licensed truck stop |
14 | | establishment, licensed fraternal establishment, or licensed |
15 | | veterans establishment shall disclose the identity of every |
16 | | person, association, trust, corporation, or limited liability |
17 | | company having a greater than 1% direct or indirect pecuniary |
18 | | interest in the video gaming terminal operation for which the |
19 | | license is sought. If the disclosed entity is a trust, the |
20 | | application shall disclose the names and addresses of the |
21 | | beneficiaries; if a corporation, the names and addresses of all |
22 | | stockholders and directors; if a limited liability company, the |
23 | | names and addresses of all members; or if a partnership, the |
24 | | names and addresses of all partners, both general and limited. |
25 | | (d) No person may be licensed as a video gaming terminal |
26 | | manufacturer, distributor, supplier, operator, handler, |
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1 | | licensed establishment, licensed truck stop establishment, |
2 | | licensed fraternal establishment, or licensed veterans |
3 | | establishment if that person has been found by the Board to: |
4 | | (1) have a background, including a criminal record, |
5 | | reputation, habits, social or business associations, or |
6 | | prior activities that pose a threat to the public interests |
7 | | of the State or to the security and integrity of video |
8 | | gaming; |
9 | | (2) create or enhance the dangers of unsuitable, |
10 | | unfair, or illegal practices, methods, and activities in |
11 | | the conduct of video gaming; or |
12 | | (3) present questionable business practices and |
13 | | financial arrangements incidental to the conduct of video |
14 | | gaming activities. |
15 | | (e) Any applicant for any license under this Act has the |
16 | | burden of proving his or her qualifications to the satisfaction |
17 | | of the Board. The Board may adopt rules to establish additional |
18 | | qualifications and requirements to preserve the integrity and |
19 | | security of video gaming in this State. |
20 | | (f) A non-refundable application fee shall be paid at the |
21 | | time an
application for a license is filed with the Board in |
22 | | the following amounts:
|
23 | | (1) Manufacturer ..........................$5,000
|
24 | | (2) Distributor ...........................$5,000
|
25 | | (3) Terminal operator .....................$5,000
|
26 | | (4) Supplier ..............................$2,500
|
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1 | | (5) Technician ..............................$100
|
2 | | (6) Terminal Handler ..............................$50 |
3 | | (g) The Board shall establish an
annual fee for each |
4 | | license not to exceed the following: |
5 | | (1) Manufacturer .........................$10,000
|
6 | | (2) Distributor ..........................$10,000
|
7 | | (3) Terminal operator .....................$5,000
|
8 | | (4) Supplier ..............................$2,000
|
9 | | (5) Technician ..............................$100
|
10 | | (6) Licensed establishment, licensed truck stop
|
11 | | establishment, licensed fraternal establishment,
|
12 | | or licensed veterans establishment ..............$100
|
13 | | (7) Video gaming terminal ...................$100
|
14 | | (8) Terminal Handler ..............................$50
|
15 | | (h) A terminal operator and a licensed establishment, |
16 | | licensed truck stop establishment, licensed fraternal |
17 | | establishment,
or licensed veterans establishment shall |
18 | | equally split the fees specified in item (7) of subsection (g). |
19 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-31, eff. 6-24-13; |
20 | | 98-587, eff. 8-27-13; 98-756, eff. 7-16-14.)
|
21 | | (230 ILCS 40/79) |
22 | | Sec. 79. Investigators. Investigators appointed by the |
23 | | Board pursuant to the powers conferred upon the Board by |
24 | | paragraph (20.6) of subsection (c) of Section 5 of the Illinois |
25 | | Riverboat Gambling Act and Section 80 of this Act shall have |
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1 | | authority to conduct investigations, searches, seizures, |
2 | | arrests, and other duties imposed under this Act and the |
3 | | Illinois Riverboat Gambling Act, as deemed necessary by the |
4 | | Board. These investigators have and may exercise all of the |
5 | | rights and powers of peace officers, provided that these powers |
6 | | shall be (1) limited to offenses or violations occurring or |
7 | | committed in connection with conduct subject to this Act, |
8 | | including, but not limited to, the manufacture, distribution, |
9 | | supply, operation, placement, service, maintenance, or play of |
10 | | video gaming terminals and the distribution of profits and |
11 | | collection of revenues resulting from such play, and (2) |
12 | | exercised, to the fullest extent practicable, in cooperation |
13 | | with the local police department of the applicable municipality |
14 | | or, if these powers are exercised outside the boundaries of an |
15 | | incorporated municipality or within a municipality that does |
16 | | not have its own police department, in cooperation with the |
17 | | police department whose jurisdiction encompasses the |
18 | | applicable locality.
|
19 | | (Source: P.A. 97-809, eff. 7-13-12.)
|
20 | | (230 ILCS 40/80)
|
21 | | Sec. 80. Applicability of Illinois Riverboat Gambling Act. |
22 | | The provisions of the Illinois Riverboat Gambling Act, and all |
23 | | rules promulgated thereunder, shall apply to the Video Gaming |
24 | | Act, except where there is a conflict between the 2 Acts. In |
25 | | the event of a conflict between the 2 Acts, the provisions of |
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1 | | the Illinois Gambling Act shall prevail. All provisions of the |
2 | | Uniform Penalty and Interest Act shall apply, as far as |
3 | | practicable, to the subject matter of this Act to the same |
4 | | extent as if such provisions were included herein.
|
5 | | (Source: P.A. 96-37, eff. 7-13-09.)
|
6 | | Section 90-45. The Liquor Control Act of 1934 is amended by |
7 | | changing Sections 5-1 and 6-30 as follows: |
8 | | (235 ILCS 5/5-1) (from Ch. 43, par. 115) |
9 | | Sec. 5-1. Licenses issued by the Illinois Liquor Control |
10 | | Commission
shall be of the following classes: |
11 | | (a) Manufacturer's license - Class 1.
Distiller, Class 2. |
12 | | Rectifier, Class 3. Brewer, Class 4. First Class Wine
|
13 | | Manufacturer, Class 5. Second Class Wine Manufacturer,
Class 6. |
14 | | First Class Winemaker, Class 7. Second Class Winemaker, Class |
15 | | 8.
Limited Wine Manufacturer, Class 9. Craft Distiller, Class |
16 | | 10. Class 1 Brewer, Class 11. Class 2 Brewer, |
17 | | (b) Distributor's license, |
18 | | (c) Importing Distributor's license, |
19 | | (d) Retailer's license, |
20 | | (e) Special Event Retailer's license (not-for-profit), |
21 | | (f) Railroad license, |
22 | | (g) Boat license, |
23 | | (h) Non-Beverage User's license, |
24 | | (i) Wine-maker's premises license, |
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1 | | (j) Airplane license, |
2 | | (k) Foreign importer's license, |
3 | | (l) Broker's license, |
4 | | (m) Non-resident dealer's
license, |
5 | | (n) Brew Pub license, |
6 | | (o) Auction liquor license, |
7 | | (p) Caterer retailer license, |
8 | | (q) Special use permit license, |
9 | | (r) Winery shipper's license, |
10 | | (s) Craft distiller tasting permit. |
11 | | No
person, firm, partnership, corporation, or other legal |
12 | | business entity that is
engaged in the manufacturing of wine |
13 | | may concurrently obtain and hold a
wine-maker's license and a |
14 | | wine manufacturer's license. |
15 | | (a) A manufacturer's license shall allow the manufacture,
|
16 | | importation in bulk, storage, distribution and sale of |
17 | | alcoholic liquor
to persons without the State, as may be |
18 | | permitted by law and to licensees
in this State as follows: |
19 | | Class 1. A Distiller may make sales and deliveries of |
20 | | alcoholic liquor to
distillers, rectifiers, importing |
21 | | distributors, distributors and
non-beverage users and to no |
22 | | other licensees. |
23 | | Class 2. A Rectifier, who is not a distiller, as defined |
24 | | herein, may make
sales and deliveries of alcoholic liquor to |
25 | | rectifiers, importing distributors,
distributors, retailers |
26 | | and non-beverage users and to no other licensees. |
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1 | | Class 3. A Brewer may make sales and deliveries of beer to |
2 | | importing
distributors and distributors and may make sales as |
3 | | authorized under subsection (e) of Section 6-4 of this Act. |
4 | | Class 4. A first class wine-manufacturer may make sales and |
5 | | deliveries of
up to 50,000 gallons of wine to manufacturers,
|
6 | | importing
distributors and distributors, and to no other |
7 | | licensees. |
8 | | Class 5. A second class Wine manufacturer may make sales |
9 | | and deliveries
of more than 50,000 gallons of wine to |
10 | | manufacturers, importing distributors
and distributors and to |
11 | | no other licensees. |
12 | | Class 6. A first-class wine-maker's license shall allow the |
13 | | manufacture
of up to 50,000 gallons of wine per year, and the
|
14 | | storage
and sale of such
wine to distributors in the State and |
15 | | to persons without the
State, as may be permitted by law. A |
16 | | person who, prior to June 1, 2008 (the effective date of Public |
17 | | Act 95-634), is a holder of a first-class wine-maker's license |
18 | | and annually produces more than 25,000 gallons of its own wine |
19 | | and who distributes its wine to licensed retailers shall cease |
20 | | this practice on or before July 1, 2008 in compliance with |
21 | | Public Act 95-634. |
22 | | Class 7. A second-class wine-maker's license shall allow |
23 | | the manufacture
of between 50,000 and 150,000 gallons of wine |
24 | | per year, and
the
storage and sale of such wine
to distributors |
25 | | in this State and to persons without the State, as may be
|
26 | | permitted by law. A person who, prior to June 1, 2008 (the |
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1 | | effective date of Public Act 95-634), is a holder of a |
2 | | second-class wine-maker's license and annually produces more |
3 | | than 25,000 gallons of its own wine and who distributes its |
4 | | wine to licensed retailers shall cease this practice on or |
5 | | before July 1, 2008 in compliance with Public Act 95-634. |
6 | | Class 8. A limited wine-manufacturer may make sales and |
7 | | deliveries not to
exceed 40,000 gallons of wine per year to |
8 | | distributors, and to
non-licensees in accordance with the |
9 | | provisions of this Act. |
10 | | Class 9. A craft distiller license shall allow the |
11 | | manufacture of up to 100,000 March 1, 2013 (Public Act 97-1166) |
12 | | gallons of spirits by distillation per year and the storage of |
13 | | such spirits. If a craft distiller licensee, including a craft |
14 | | distiller licensee who holds more than one craft distiller |
15 | | license, is not affiliated with any other manufacturer of |
16 | | spirits, then the craft distiller licensee may sell such |
17 | | spirits to distributors in this State and up to 2,500 gallons |
18 | | of such spirits to non-licensees to the extent permitted by any |
19 | | exemption approved by the Commission pursuant to Section 6-4 of |
20 | | this Act. A craft distiller license holder may store such |
21 | | spirits at a non-contiguous licensed location, but at no time |
22 | | shall a craft distiller license holder directly or indirectly |
23 | | produce in the aggregate more than 100,000 gallons of spirits |
24 | | per year. |
25 | | A craft distiller licensee may hold more than one craft |
26 | | distiller's license. However, a craft distiller that holds more |
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1 | | than one craft distiller license shall not manufacture, in the |
2 | | aggregate, more than 100,000 gallons of spirits by distillation |
3 | | per year and shall not sell, in the aggregate, more than 2,500 |
4 | | gallons of such spirits to non-licensees in accordance with an |
5 | | exemption approved by the State Commission pursuant to Section |
6 | | 6-4 of this Act. |
7 | | Any craft distiller licensed under this Act who on July 28, |
8 | | 2010 (the effective date of Public Act 96-1367) was licensed as |
9 | | a distiller and manufactured no more spirits than permitted by |
10 | | this Section shall not be required to pay the initial licensing |
11 | | fee. |
12 | | Class 10. A class 1 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 930,000 gallons of beer |
15 | | per year provided that the class 1 brewer licensee does not |
16 | | manufacture more than a combined 930,000 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 930,000 |
19 | | gallons of beer per year or any other alcoholic liquor. A class |
20 | | 1 brewer licensee may make sales and deliveries to importing |
21 | | distributors and distributors and to retail licensees in |
22 | | accordance with the conditions set forth in paragraph (18) of |
23 | | subsection (a) of Section 3-12 of this Act. |
24 | | Class 11. A class 2 brewer license, which may only be |
25 | | issued to a licensed brewer or licensed non-resident dealer, |
26 | | shall allow the manufacture of up to 3,720,000 gallons of beer |
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1 | | per year provided that the class 2 brewer licensee does not |
2 | | manufacture more than a combined 3,720,000 gallons of beer per |
3 | | year and is not a member of or affiliated with, directly or |
4 | | indirectly, a manufacturer that produces more than 3,720,000 |
5 | | gallons of beer per year or any other alcoholic liquor. A class |
6 | | 2 brewer licensee may make sales and deliveries to importing |
7 | | distributors and distributors, but shall not make sales or |
8 | | deliveries to any other licensee. If the State Commission |
9 | | provides prior approval, a class 2 brewer licensee may annually |
10 | | transfer up to 3,720,000 gallons of beer manufactured by that |
11 | | class 2 brewer licensee to the premises of a licensed class 2 |
12 | | brewer wholly owned and operated by the same licensee. |
13 | | (a-1) A manufacturer which is licensed in this State to |
14 | | make sales or
deliveries of alcoholic liquor to licensed |
15 | | distributors or importing distributors and which enlists |
16 | | agents, representatives, or
individuals acting on its behalf |
17 | | who contact licensed retailers on a regular
and continual basis |
18 | | in this State must register those agents, representatives,
or |
19 | | persons acting on its behalf with the State Commission. |
20 | | Registration of agents, representatives, or persons acting |
21 | | on behalf of a
manufacturer is fulfilled by submitting a form |
22 | | to the Commission. The form
shall be developed by the |
23 | | Commission and shall include the name and address of
the |
24 | | applicant, the name and address of the manufacturer he or she |
25 | | represents,
the territory or areas assigned to sell to or |
26 | | discuss pricing terms of
alcoholic liquor, and any other |
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1 | | questions deemed appropriate and necessary.
All statements in |
2 | | the forms required to be made by law or by rule shall be
deemed |
3 | | material, and any person who knowingly misstates any material |
4 | | fact under
oath in an application is guilty of a Class B |
5 | | misdemeanor. Fraud,
misrepresentation, false statements, |
6 | | misleading statements, evasions, or
suppression of material |
7 | | facts in the securing of a registration are grounds for
|
8 | | suspension or revocation of the registration. The State |
9 | | Commission shall post a list of registered agents on the |
10 | | Commission's website. |
11 | | (b) A distributor's license shall allow the wholesale |
12 | | purchase and storage
of alcoholic liquors and sale of alcoholic |
13 | | liquors to licensees
in this State and to persons without the |
14 | | State, as may be permitted by law. No person licensed as a |
15 | | distributor shall be granted a non-resident dealer's license. |
16 | | (c) An importing distributor's license may be issued to and |
17 | | held by
those only who are duly licensed distributors, upon the |
18 | | filing of an
application by a duly licensed distributor, with |
19 | | the Commission and
the Commission shall, without the
payment of |
20 | | any fee, immediately issue such importing distributor's
|
21 | | license to the applicant, which shall allow the importation of |
22 | | alcoholic
liquor by the licensee into this State from any point |
23 | | in the United
States outside this State, and the purchase of |
24 | | alcoholic liquor in
barrels, casks or other bulk containers and |
25 | | the bottling of such
alcoholic liquors before resale thereof, |
26 | | but all bottles or containers
so filled shall be sealed, |
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1 | | labeled, stamped and otherwise made to comply
with all |
2 | | provisions, rules and regulations governing manufacturers in
|
3 | | the preparation and bottling of alcoholic liquors. The |
4 | | importing
distributor's license shall permit such licensee to |
5 | | purchase alcoholic
liquor from Illinois licensed non-resident |
6 | | dealers and foreign importers only. No person licensed as an |
7 | | importing distributor shall be granted a non-resident dealer's |
8 | | license. |
9 | | (d) A retailer's license shall allow the licensee to sell |
10 | | and offer
for sale at retail, only in the premises specified in |
11 | | the license,
alcoholic liquor for use or consumption, but not |
12 | | for resale in any form. Nothing in Public Act 95-634 shall |
13 | | deny, limit, remove, or restrict the ability of a holder of a |
14 | | retailer's license to transfer, deliver, or ship alcoholic |
15 | | liquor to the purchaser for use or consumption subject to any |
16 | | applicable local law or ordinance. Any retail license issued to |
17 | | a manufacturer shall only
permit the manufacturer to sell beer |
18 | | at retail on the premises actually
occupied by the |
19 | | manufacturer. For the purpose of further describing the type of |
20 | | business conducted at a retail licensed premises, a retailer's |
21 | | licensee may be designated by the State Commission as (i) an on |
22 | | premise consumption retailer, (ii) an off premise sale |
23 | | retailer, or (iii) a combined on premise consumption and off |
24 | | premise sale retailer.
|
25 | | Notwithstanding any other provision of this subsection |
26 | | (d), a retail
licensee may sell alcoholic liquors to a special |
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1 | | event retailer licensee for
resale to the extent permitted |
2 | | under subsection (e). |
3 | | (e) A special event retailer's license (not-for-profit) |
4 | | shall permit the
licensee to purchase alcoholic liquors from an |
5 | | Illinois licensed distributor
(unless the licensee purchases |
6 | | less than $500 of alcoholic liquors for the
special event, in |
7 | | which case the licensee may purchase the alcoholic liquors
from |
8 | | a licensed retailer) and shall allow the licensee to sell and |
9 | | offer for
sale, at retail, alcoholic liquors for use or |
10 | | consumption, but not for resale
in any form and only at the |
11 | | location and on the specific dates designated for
the special |
12 | | event in the license. An applicant for a special event retailer
|
13 | | license must
(i) furnish with the application: (A) a resale |
14 | | number issued under Section
2c of the Retailers' Occupation Tax |
15 | | Act or evidence that the applicant is
registered under Section |
16 | | 2a of the Retailers' Occupation Tax Act, (B) a
current, valid |
17 | | exemption identification
number issued under Section 1g of the |
18 | | Retailers' Occupation Tax Act, and a
certification to the |
19 | | Commission that the purchase of alcoholic liquors will be
a |
20 | | tax-exempt purchase, or (C) a statement that the applicant is |
21 | | not registered
under Section 2a of the Retailers' Occupation |
22 | | Tax Act, does not hold a resale
number under Section 2c of the |
23 | | Retailers' Occupation Tax Act, and does not
hold an exemption |
24 | | number under Section 1g of the Retailers' Occupation Tax
Act, |
25 | | in which event the Commission shall set forth on the special |
26 | | event
retailer's license a statement to that effect; (ii) |
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1 | | submit with the application proof satisfactory to
the State |
2 | | Commission that the applicant will provide dram shop liability
|
3 | | insurance in the maximum limits; and (iii) show proof |
4 | | satisfactory to the
State Commission that the applicant has |
5 | | obtained local authority
approval. |
6 | | (f) A railroad license shall permit the licensee to import |
7 | | alcoholic
liquors into this State from any point in the United |
8 | | States outside this
State and to store such alcoholic liquors |
9 | | in this State; to make wholesale
purchases of alcoholic liquors |
10 | | directly from manufacturers, foreign
importers, distributors |
11 | | and importing distributors from within or outside
this State; |
12 | | and to store such alcoholic liquors in this State; provided
|
13 | | that the above powers may be exercised only in connection with |
14 | | the
importation, purchase or storage of alcoholic liquors to be |
15 | | sold or
dispensed on a club, buffet, lounge or dining car |
16 | | operated on an electric,
gas or steam railway in this State; |
17 | | and provided further, that railroad
licensees exercising the |
18 | | above powers shall be subject to all provisions of
Article VIII |
19 | | of this Act as applied to importing distributors. A railroad
|
20 | | license shall also permit the licensee to sell or dispense |
21 | | alcoholic
liquors on any club, buffet, lounge or dining car |
22 | | operated on an electric,
gas or steam railway regularly |
23 | | operated by a common carrier in this State,
but shall not |
24 | | permit the sale for resale of any alcoholic liquors to any
|
25 | | licensee within this State. A license shall be obtained for |
26 | | each car in which
such sales are made. |
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1 | | (g) A boat license shall allow the sale of alcoholic liquor |
2 | | in
individual drinks, on any passenger boat regularly operated |
3 | | as a common
carrier on navigable waters in this State or on any |
4 | | riverboat operated
under
the Illinois Riverboat Gambling Act, |
5 | | which boat or riverboat maintains a public
dining room or |
6 | | restaurant thereon. |
7 | | (h) A non-beverage user's license shall allow the licensee |
8 | | to
purchase alcoholic liquor from a licensed manufacturer or |
9 | | importing
distributor, without the imposition of any tax upon |
10 | | the business of such
licensed manufacturer or importing |
11 | | distributor as to such alcoholic
liquor to be used by such |
12 | | licensee solely for the non-beverage purposes
set forth in |
13 | | subsection (a) of Section 8-1 of this Act, and
such licenses |
14 | | shall be divided and classified and shall permit the
purchase, |
15 | | possession and use of limited and stated quantities of
|
16 | | alcoholic liquor as follows: |
17 | | Class 1, not to exceed ......................... 500 gallons
|
18 | | Class 2, not to exceed ....................... 1,000 gallons
|
19 | | Class 3, not to exceed ....................... 5,000 gallons
|
20 | | Class 4, not to exceed ...................... 10,000 gallons
|
21 | | Class 5, not to exceed ....................... 50,000 gallons |
22 | | (i) A wine-maker's premises license shall allow a
licensee |
23 | | that concurrently holds a first-class wine-maker's license to |
24 | | sell
and offer for sale at retail in the premises specified in |
25 | | such license
not more than 50,000 gallons of the first-class |
26 | | wine-maker's wine that is
made at the first-class wine-maker's |
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1 | | licensed premises per year for use or
consumption, but not for |
2 | | resale in any form. A wine-maker's premises
license shall allow |
3 | | a licensee who concurrently holds a second-class
wine-maker's |
4 | | license to sell and offer for sale at retail in the premises
|
5 | | specified in such license up to 100,000 gallons of the
|
6 | | second-class wine-maker's wine that is made at the second-class |
7 | | wine-maker's
licensed premises per year
for use or consumption |
8 | | but not for resale in any form. A wine-maker's premises license |
9 | | shall allow a
licensee that concurrently holds a first-class |
10 | | wine-maker's license or a second-class
wine-maker's license to |
11 | | sell
and offer for sale at retail at the premises specified in |
12 | | the wine-maker's premises license, for use or consumption but |
13 | | not for resale in any form, any beer, wine, and spirits |
14 | | purchased from a licensed distributor. Upon approval from the
|
15 | | State Commission, a wine-maker's premises license
shall allow |
16 | | the licensee to sell and offer for sale at (i) the wine-maker's
|
17 | | licensed premises and (ii) at up to 2 additional locations for |
18 | | use and
consumption and not for resale. Each location shall |
19 | | require additional
licensing per location as specified in |
20 | | Section 5-3 of this Act. A wine-maker's premises licensee shall
|
21 | | secure liquor liability insurance coverage in an amount at
|
22 | | least equal to the maximum liability amounts set forth in
|
23 | | subsection (a) of Section 6-21 of this Act.
|
24 | | (j) An airplane license shall permit the licensee to import
|
25 | | alcoholic liquors into this State from any point in the United |
26 | | States
outside this State and to store such alcoholic liquors |
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1 | | in this State; to
make wholesale purchases of alcoholic liquors |
2 | | directly from
manufacturers, foreign importers, distributors |
3 | | and importing
distributors from within or outside this State; |
4 | | and to store such
alcoholic liquors in this State; provided |
5 | | that the above powers may be
exercised only in connection with |
6 | | the importation, purchase or storage
of alcoholic liquors to be |
7 | | sold or dispensed on an airplane; and
provided further, that |
8 | | airplane licensees exercising the above powers
shall be subject |
9 | | to all provisions of Article VIII of this Act as
applied to |
10 | | importing distributors. An airplane licensee shall also
permit |
11 | | the sale or dispensing of alcoholic liquors on any passenger
|
12 | | airplane regularly operated by a common carrier in this State, |
13 | | but shall
not permit the sale for resale of any alcoholic |
14 | | liquors to any licensee
within this State. A single airplane |
15 | | license shall be required of an
airline company if liquor |
16 | | service is provided on board aircraft in this
State. The annual |
17 | | fee for such license shall be as determined in
Section 5-3. |
18 | | (k) A foreign importer's license shall permit such licensee |
19 | | to purchase
alcoholic liquor from Illinois licensed |
20 | | non-resident dealers only, and to
import alcoholic liquor other |
21 | | than in bulk from any point outside the
United States and to |
22 | | sell such alcoholic liquor to Illinois licensed
importing |
23 | | distributors and to no one else in Illinois;
provided that (i) |
24 | | the foreign importer registers with the State Commission
every
|
25 | | brand of
alcoholic liquor that it proposes to sell to Illinois |
26 | | licensees during the
license period, (ii) the foreign importer |
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1 | | complies with all of the provisions
of Section
6-9 of this Act |
2 | | with respect to registration of such Illinois licensees as may
|
3 | | be granted the
right to sell such brands at wholesale, and |
4 | | (iii) the foreign importer complies with the provisions of |
5 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
6 | | provisions apply to manufacturers. |
7 | | (l) (i) A broker's license shall be required of all persons
|
8 | | who solicit
orders for, offer to sell or offer to supply |
9 | | alcoholic liquor to
retailers in the State of Illinois, or who |
10 | | offer to retailers to ship or
cause to be shipped or to make |
11 | | contact with distillers, rectifiers,
brewers or manufacturers |
12 | | or any other party within or without the State
of Illinois in |
13 | | order that alcoholic liquors be shipped to a distributor,
|
14 | | importing distributor or foreign importer, whether such |
15 | | solicitation or
offer is consummated within or without the |
16 | | State of Illinois. |
17 | | No holder of a retailer's license issued by the Illinois |
18 | | Liquor
Control Commission shall purchase or receive any |
19 | | alcoholic liquor, the
order for which was solicited or offered |
20 | | for sale to such retailer by a
broker unless the broker is the |
21 | | holder of a valid broker's license. |
22 | | The broker shall, upon the acceptance by a retailer of the |
23 | | broker's
solicitation of an order or offer to sell or supply or |
24 | | deliver or have
delivered alcoholic liquors, promptly forward |
25 | | to the Illinois Liquor
Control Commission a notification of |
26 | | said transaction in such form as
the Commission may by |
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1 | | regulations prescribe. |
2 | | (ii) A broker's license shall be required of
a person |
3 | | within this State, other than a retail licensee,
who, for a fee |
4 | | or commission, promotes, solicits, or accepts orders for
|
5 | | alcoholic liquor, for use or consumption and not for
resale, to |
6 | | be shipped from this State and delivered to residents outside |
7 | | of
this State by an express company, common carrier, or |
8 | | contract carrier.
This Section does not apply to any person who |
9 | | promotes, solicits, or accepts
orders for wine as specifically |
10 | | authorized in Section 6-29 of this Act. |
11 | | A broker's license under this subsection (l)
shall not |
12 | | entitle the holder to
buy or sell any
alcoholic liquors for his |
13 | | own account or to take or deliver title to
such alcoholic |
14 | | liquors. |
15 | | This subsection (l)
shall not apply to distributors, |
16 | | employees of
distributors, or employees of a manufacturer who |
17 | | has registered the
trademark, brand or name of the alcoholic |
18 | | liquor pursuant to Section 6-9
of this Act, and who regularly |
19 | | sells such alcoholic liquor
in the State of Illinois only to |
20 | | its registrants thereunder. |
21 | | Any agent, representative, or person subject to |
22 | | registration pursuant to
subsection (a-1) of this Section shall |
23 | | not be eligible to receive a broker's
license. |
24 | | (m) A non-resident dealer's license shall permit such |
25 | | licensee to ship
into and warehouse alcoholic liquor into this |
26 | | State from any point
outside of this State, and to sell such |
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1 | | alcoholic liquor to Illinois licensed
foreign importers and |
2 | | importing distributors and to no one else in this State;
|
3 | | provided that (i) said non-resident dealer shall register with |
4 | | the Illinois Liquor
Control Commission each and every brand of |
5 | | alcoholic liquor which it proposes
to sell to Illinois |
6 | | licensees during the license period, (ii) it shall comply with |
7 | | all of the provisions of Section 6-9 hereof with
respect to |
8 | | registration of such Illinois licensees as may be granted the |
9 | | right
to sell such brands at wholesale, and (iii) the |
10 | | non-resident dealer shall comply with the provisions of |
11 | | Sections 6-5 and 6-6 of this Act to the same extent that these |
12 | | provisions apply to manufacturers. No person licensed as a |
13 | | non-resident dealer shall be granted a distributor's or |
14 | | importing distributor's license. |
15 | | (n) A brew pub license shall allow the licensee to only (i) |
16 | | manufacture up to 155,000 gallons of beer per year only
on the |
17 | | premises specified in the license, (ii) make sales of the
beer |
18 | | manufactured on the premises or, with the approval of the |
19 | | Commission, beer manufactured on another brew pub licensed |
20 | | premises that is wholly owned and operated by the same licensee |
21 | | to importing distributors, distributors,
and to non-licensees |
22 | | for use and consumption, (iii) store the beer upon
the |
23 | | premises, (iv) sell and offer for sale at retail from the |
24 | | licensed
premises for off-premises
consumption no more than |
25 | | 155,000 gallons per year so long as such sales are only made |
26 | | in-person, (v) sell and offer for sale at retail for use and |
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1 | | consumption on the premises specified in the license any form |
2 | | of alcoholic liquor purchased from a licensed distributor or |
3 | | importing distributor, and (vi) with the prior approval of the |
4 | | Commission, annually transfer no more than 155,000 gallons of |
5 | | beer manufactured on the premises to a licensed brew pub wholly |
6 | | owned and operated by the same licensee. |
7 | | A brew pub licensee shall not under any circumstance sell |
8 | | or offer for sale beer manufactured by the brew pub licensee to |
9 | | retail licensees. |
10 | | A person who holds a class 2 brewer license may |
11 | | simultaneously hold a brew pub license if the class 2 brewer |
12 | | (i) does not, under any circumstance, sell or offer for sale |
13 | | beer manufactured by the class 2 brewer to retail licensees; |
14 | | (ii) does not hold more than 3 brew pub licenses in this State; |
15 | | (iii) does not manufacture more than a combined 3,720,000 |
16 | | gallons of beer per year, including the beer manufactured at |
17 | | the brew pub; and (iv) is not a member of or affiliated with, |
18 | | directly or indirectly, a manufacturer that produces more than |
19 | | 3,720,000 gallons of beer per year or any other alcoholic |
20 | | liquor. |
21 | | Notwithstanding any other provision of this Act, a licensed |
22 | | brewer, class 2 brewer, or non-resident dealer who before July |
23 | | 1, 2015 manufactured less than 3,720,000 gallons of beer per |
24 | | year and held a brew pub license on or before July 1, 2015 may |
25 | | (i) continue to qualify for and hold that brew pub license for |
26 | | the licensed premises and (ii) manufacture more than 3,720,000 |
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1 | | gallons of beer per year and continue to qualify for and hold |
2 | | that brew pub license if that brewer, class 2 brewer, or |
3 | | non-resident dealer does not simultaneously hold a class 1 |
4 | | brewer license and is not a member of or affiliated with, |
5 | | directly or indirectly, a manufacturer that produces more than |
6 | | 3,720,000 gallons of beer per year or that produces any other |
7 | | alcoholic liquor. |
8 | | (o) A caterer retailer license shall allow the holder
to |
9 | | serve alcoholic liquors as an incidental part of a food service |
10 | | that serves
prepared meals which excludes the serving of snacks |
11 | | as
the primary meal, either on or off-site whether licensed or |
12 | | unlicensed. |
13 | | (p) An auction liquor license shall allow the licensee to |
14 | | sell and offer
for sale at auction wine and spirits for use or |
15 | | consumption, or for resale by
an Illinois liquor licensee in |
16 | | accordance with provisions of this Act. An
auction liquor |
17 | | license will be issued to a person and it will permit the
|
18 | | auction liquor licensee to hold the auction anywhere in the |
19 | | State. An auction
liquor license must be obtained for each |
20 | | auction at least 14 days in advance of
the auction date. |
21 | | (q) A special use permit license shall allow an Illinois |
22 | | licensed
retailer to transfer a portion of its alcoholic liquor |
23 | | inventory from its
retail licensed premises to the premises |
24 | | specified in the license hereby
created, and to sell or offer |
25 | | for sale at retail, only in the premises
specified in the |
26 | | license hereby created, the transferred alcoholic liquor for
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1 | | use or consumption, but not for resale in any form. A special |
2 | | use permit
license may be granted for the following time |
3 | | periods: one day or less; 2 or
more days to a maximum of 15 days |
4 | | per location in any 12-month 12 month period. An
applicant for |
5 | | the special use permit license must also submit with the
|
6 | | application proof satisfactory to the State Commission that the |
7 | | applicant will
provide dram shop liability insurance to the |
8 | | maximum limits and have local
authority approval. |
9 | | (r) A winery shipper's license shall allow a person
with a |
10 | | first-class or second-class wine manufacturer's
license, a |
11 | | first-class or second-class wine-maker's license,
or a limited |
12 | | wine manufacturer's license or who is licensed to
make wine |
13 | | under the laws of another state to ship wine
made by that |
14 | | licensee directly to a resident of this
State who is 21 years |
15 | | of age or older for that resident's
personal use and not for |
16 | | resale. Prior to receiving a
winery shipper's license, an |
17 | | applicant for the license must
provide the Commission with a |
18 | | true copy of its current
license in any state in which it is |
19 | | licensed as a manufacturer
of wine. An applicant for a winery |
20 | | shipper's license must
also complete an application form that |
21 | | provides any other
information the Commission deems necessary. |
22 | | The application form shall include all addresses from which the |
23 | | applicant for a winery shipper's license intends to ship wine, |
24 | | including the name and address of any third party, except for a |
25 | | common carrier, authorized to ship wine on behalf of the |
26 | | manufacturer. The
application form shall include an |
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1 | | acknowledgement consenting
to the jurisdiction of the |
2 | | Commission, the Illinois
Department of Revenue, and the courts |
3 | | of this State concerning
the enforcement of this Act and any |
4 | | related laws, rules, and
regulations, including authorizing |
5 | | the Department of Revenue
and the Commission to conduct audits |
6 | | for the purpose of
ensuring compliance with Public Act 95-634, |
7 | | and an acknowledgement that the wine manufacturer is in |
8 | | compliance with Section 6-2 of this Act. Any third party, |
9 | | except for a common carrier, authorized to ship wine on behalf |
10 | | of a first-class or second-class wine manufacturer's licensee, |
11 | | a first-class or second-class wine-maker's licensee, a limited |
12 | | wine manufacturer's licensee, or a person who is licensed to |
13 | | make wine under the laws of another state shall also be |
14 | | disclosed by the winery shipper's licensee, and a copy of the |
15 | | written appointment of the third-party wine provider, except |
16 | | for a common carrier, to the wine manufacturer shall be filed |
17 | | with the State Commission as a supplement to the winery |
18 | | shipper's license application or any renewal thereof. The |
19 | | winery shipper's license holder shall affirm under penalty of |
20 | | perjury, as part of the winery shipper's license application or |
21 | | renewal, that he or she only ships wine, either directly or |
22 | | indirectly through a third-party provider, from the licensee's |
23 | | own production. |
24 | | Except for a common carrier, a third-party provider |
25 | | shipping wine on behalf of a winery shipper's license holder is |
26 | | the agent of the winery shipper's license holder and, as such, |
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1 | | a winery shipper's license holder is responsible for the acts |
2 | | and omissions of the third-party provider acting on behalf of |
3 | | the license holder. A third-party provider, except for a common |
4 | | carrier, that engages in shipping wine into Illinois on behalf |
5 | | of a winery shipper's license holder shall consent to the |
6 | | jurisdiction of the State Commission and the State. Any |
7 | | third-party, except for a common carrier, holding such an |
8 | | appointment shall, by February 1 of each calendar year, file |
9 | | with the State Commission a statement detailing each shipment |
10 | | made to an Illinois resident. The State Commission shall adopt |
11 | | rules as soon as practicable to implement the requirements of |
12 | | Public Act 99-904 this amendatory Act of the 99th General |
13 | | Assembly and shall adopt rules prohibiting any such third-party |
14 | | appointment of a third-party provider, except for a common |
15 | | carrier, that has been deemed by the State Commission to have |
16 | | violated the provisions of this Act with regard to any winery |
17 | | shipper licensee. |
18 | | A winery shipper licensee must pay to the Department
of |
19 | | Revenue the State liquor gallonage tax under Section 8-1 for
|
20 | | all wine that is sold by the licensee and shipped to a person
|
21 | | in this State. For the purposes of Section 8-1, a winery
|
22 | | shipper licensee shall be taxed in the same manner as a
|
23 | | manufacturer of wine. A licensee who is not otherwise required |
24 | | to register under the Retailers' Occupation Tax Act must
|
25 | | register under the Use Tax Act to collect and remit use tax to
|
26 | | the Department of Revenue for all gallons of wine that are sold
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1 | | by the licensee and shipped to persons in this State. If a
|
2 | | licensee fails to remit the tax imposed under this Act in
|
3 | | accordance with the provisions of Article VIII of this Act, the
|
4 | | winery shipper's license shall be revoked in accordance
with |
5 | | the provisions of Article VII of this Act. If a licensee
fails |
6 | | to properly register and remit tax under the Use Tax Act
or the |
7 | | Retailers' Occupation Tax Act for all wine that is sold
by the |
8 | | winery shipper and shipped to persons in this
State, the winery |
9 | | shipper's license shall be revoked in
accordance with the |
10 | | provisions of Article VII of this Act. |
11 | | A winery shipper licensee must collect, maintain, and
|
12 | | submit to the Commission on a semi-annual basis the
total |
13 | | number of cases per resident of wine shipped to residents
of |
14 | | this State.
A winery shipper licensed under this subsection (r)
|
15 | | must comply with the requirements of Section 6-29 of this Act. |
16 | | Pursuant to paragraph (5.1) or (5.3) of subsection (a) of |
17 | | Section 3-12, the State Commission may receive, respond to, and |
18 | | investigate any complaint and impose any of the remedies |
19 | | specified in paragraph (1) of subsection (a) of Section 3-12. |
20 | | (s) A craft distiller tasting permit license shall allow an |
21 | | Illinois licensed craft distiller to transfer a portion of its |
22 | | alcoholic liquor inventory from its craft distiller licensed |
23 | | premises to the premises specified in the license hereby |
24 | | created and to conduct a sampling, only in the premises |
25 | | specified in the license hereby created, of the transferred |
26 | | alcoholic liquor in accordance with subsection (c) of Section |
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1 | | 6-31 of this Act. The transferred alcoholic liquor may not be |
2 | | sold or resold in any form. An applicant for the craft |
3 | | distiller tasting permit license must also submit with the |
4 | | application proof satisfactory to the State Commission that the |
5 | | applicant will provide dram shop liability insurance to the |
6 | | maximum limits and have local authority approval. |
7 | | (Source: P.A. 98-394, eff. 8-16-13; 98-401, eff. 8-16-13; |
8 | | 98-756, eff. 7-16-14; 99-448, eff. 8-24-15; 99-642, eff. |
9 | | 7-28-16; 99-800, eff. 8-12-16; 99-902, eff. 8-26-16; 99-904, |
10 | | eff. 1-1-17; revised 9-15-16.)
|
11 | | (235 ILCS 5/6-30) (from Ch. 43, par. 144f)
|
12 | | Sec. 6-30. Notwithstanding any other provision of this Act, |
13 | | the
Illinois Gaming Board shall have exclusive authority to |
14 | | establish the hours
for sale and consumption of alcoholic |
15 | | liquor on board a riverboat during
riverboat gambling |
16 | | excursions and in a casino conducted in accordance with the |
17 | | Illinois Riverboat
Gambling Act.
|
18 | | (Source: P.A. 87-826.)
|
19 | | Section 90-46. The Illinois Public Aid Code is amended by |
20 | | changing Section 10-17.15 as follows: |
21 | | (305 ILCS 5/10-17.15) |
22 | | Sec. 10-17.15. Certification of information to State |
23 | | gaming licensees. |
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1 | | (a) For purposes of this Section, "State gaming licensee" |
2 | | means, as applicable, an organization licensee or advance |
3 | | deposit wagering licensee licensed under the Illinois Horse |
4 | | Racing Act of 1975, an owners licensee licensed under the |
5 | | Illinois Riverboat Gambling Act, or a licensee that operates, |
6 | | under any law of this State, one or more facilities or gaming |
7 | | locations at which lawful gambling is authorized and licensed |
8 | | as provided in the Illinois Riverboat Gambling Act. |
9 | | (b) The Department may provide, by rule, for certification |
10 | | to any State gaming licensee of past due child support owed by |
11 | | a responsible relative under a support order entered by a court |
12 | | or administrative body of this or any other State on behalf of |
13 | | a resident or non-resident receiving child support services |
14 | | under this Article in accordance with the requirements of Title |
15 | | IV-D, Part D, of the Social Security Act. The State gaming |
16 | | licensee shall have the ability to withhold from winnings |
17 | | required to be reported to the Internal Revenue Service on Form |
18 | | W-2G, up to the full amount of winnings necessary to pay the |
19 | | winner's past due child support. The rule shall provide for |
20 | | notice to and an opportunity to be heard by each responsible |
21 | | relative affected and any final administrative decision |
22 | | rendered by the Department shall be reviewed only under and in |
23 | | accordance with the Administrative Review Law. |
24 | | (c) For withholding of winnings, the State gaming licensee |
25 | | shall be entitled to an administrative fee not to exceed the |
26 | | lesser of 4% of the total amount of cash winnings paid to the |
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1 | | gambling winner or $150. |
2 | | (d) In no event may the total amount withheld from the cash |
3 | | payout, including the administrative fee, exceed the total cash |
4 | | winnings claimed by the obligor. If the cash payout claimed is |
5 | | greater than the amount sufficient to satisfy the obligor's |
6 | | delinquent child support payments, the State gaming licensee |
7 | | shall pay the obligor the remaining balance of the payout, less |
8 | | the administrative fee authorized by subsection (c) of this |
9 | | Section, at the time it is claimed. |
10 | | (e) A State gaming licensee who in good faith complies with |
11 | | the requirements of this Section shall not be liable to the |
12 | | gaming winner or any other individual or entity.
|
13 | | (Source: P.A. 98-318, eff. 8-12-13.) |
14 | | Section 90-47. The Firearm Concealed Carry Act is amended |
15 | | by changing Section 65 as follows: |
16 | | (430 ILCS 66/65)
|
17 | | Sec. 65. Prohibited areas. |
18 | | (a) A licensee under this Act shall not knowingly carry a |
19 | | firearm on or into: |
20 | | (1) Any building, real property, and parking area under |
21 | | the control of a public or private elementary or secondary |
22 | | school. |
23 | | (2) Any building, real property, and parking area under |
24 | | the control of a pre-school or child care facility, |
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1 | | including any room or portion of a building under the |
2 | | control of a pre-school or child care facility. Nothing in |
3 | | this paragraph shall prevent the operator of a child care |
4 | | facility in a family home from owning or possessing a |
5 | | firearm in the home or license under this Act, if no child |
6 | | under child care at the home is present in the home or the |
7 | | firearm in the home is stored in a locked container when a |
8 | | child under child care at the home is present in the home. |
9 | | (3) Any building, parking area, or portion of a |
10 | | building under the control of an officer of the executive |
11 | | or legislative branch of government, provided that nothing |
12 | | in this paragraph shall prohibit a licensee from carrying a |
13 | | concealed firearm onto the real property, bikeway, or trail |
14 | | in a park regulated by the Department of Natural Resources |
15 | | or any other designated public hunting area or building |
16 | | where firearm possession is permitted as established by the |
17 | | Department of Natural Resources under Section 1.8 of the |
18 | | Wildlife Code. |
19 | | (4) Any building designated for matters before a |
20 | | circuit court, appellate court, or the Supreme Court, or |
21 | | any building or portion of a building under the control of |
22 | | the Supreme Court. |
23 | | (5) Any building or portion of a building under the |
24 | | control of a unit of local government. |
25 | | (6) Any building, real property, and parking area under |
26 | | the control of an adult or juvenile detention or |
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1 | | correctional institution, prison, or jail. |
2 | | (7) Any building, real property, and parking area under |
3 | | the control of a public or private hospital or hospital |
4 | | affiliate, mental health facility, or nursing home. |
5 | | (8) Any bus, train, or form of transportation paid for |
6 | | in whole or in part with public funds, and any building, |
7 | | real property, and parking area under the control of a |
8 | | public transportation facility paid for in whole or in part |
9 | | with public funds. |
10 | | (9) Any building, real property, and parking area under |
11 | | the control of an establishment that serves alcohol on its |
12 | | premises, if more than 50% of the establishment's gross |
13 | | receipts within the prior 3 months is from the sale of |
14 | | alcohol. The owner of an establishment who knowingly fails |
15 | | to prohibit concealed firearms on its premises as provided |
16 | | in this paragraph or who knowingly makes a false statement |
17 | | or record to avoid the prohibition on concealed firearms |
18 | | under this paragraph is subject to the penalty under |
19 | | subsection (c-5) of Section 10-1 of the Liquor Control Act |
20 | | of 1934. |
21 | | (10) Any public gathering or special event conducted on |
22 | | property open to the public that requires the issuance of a |
23 | | permit from the unit of local government, provided this |
24 | | prohibition shall not apply to a licensee who must walk |
25 | | through a public gathering in order to access his or her |
26 | | residence, place of business, or vehicle. |
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1 | | (11) Any building or real property that has been issued |
2 | | a Special Event Retailer's license as defined in Section |
3 | | 1-3.17.1 of the Liquor Control Act during the time |
4 | | designated for the sale of alcohol by the Special Event |
5 | | Retailer's license, or a Special use permit license as |
6 | | defined in subsection (q) of Section 5-1 of the Liquor |
7 | | Control Act during the time designated for the sale of |
8 | | alcohol by the Special use permit license. |
9 | | (12) Any public playground. |
10 | | (13) Any public park, athletic area, or athletic |
11 | | facility under the control of a municipality or park |
12 | | district, provided nothing in this Section shall prohibit a |
13 | | licensee from carrying a concealed firearm while on a trail |
14 | | or bikeway if only a portion of the trail or bikeway |
15 | | includes a public park. |
16 | | (14) Any real property under the control of the Cook |
17 | | County Forest Preserve District. |
18 | | (15) Any building, classroom, laboratory, medical |
19 | | clinic, hospital, artistic venue, athletic venue, |
20 | | entertainment venue, officially recognized |
21 | | university-related organization property, whether owned or |
22 | | leased, and any real property, including parking areas, |
23 | | sidewalks, and common areas under the control of a public |
24 | | or private community college, college, or university. |
25 | | (16) Any building, real property, or parking area under |
26 | | the control of a gaming facility licensed under the |
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1 | | Illinois Riverboat Gambling Act or the Illinois Horse |
2 | | Racing Act of 1975, including an inter-track wagering |
3 | | location licensee. |
4 | | (17) Any stadium, arena, or the real property or |
5 | | parking area under the control of a stadium, arena, or any |
6 | | collegiate or professional sporting event. |
7 | | (18) Any building, real property, or parking area under |
8 | | the control of a public library. |
9 | | (19) Any building, real property, or parking area under |
10 | | the control of an airport. |
11 | | (20) Any building, real property, or parking area under |
12 | | the control of an amusement park. |
13 | | (21) Any building, real property, or parking area under |
14 | | the control of a zoo or museum. |
15 | | (22) Any street, driveway, parking area, property, |
16 | | building, or facility, owned, leased, controlled, or used |
17 | | by a nuclear energy, storage, weapons, or development site |
18 | | or facility regulated by the federal Nuclear Regulatory |
19 | | Commission. The licensee shall not under any circumstance |
20 | | store a firearm or ammunition in his or her vehicle or in a |
21 | | compartment or container within a vehicle located anywhere |
22 | | in or on the street, driveway, parking area, property, |
23 | | building, or facility described in this paragraph. |
24 | | (23) Any area where firearms are prohibited under |
25 | | federal law. |
26 | | (a-5) Nothing in this Act shall prohibit a public or |
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1 | | private community college, college, or university from: |
2 | | (1) prohibiting persons from carrying a firearm within |
3 | | a vehicle owned, leased, or controlled by the college or |
4 | | university; |
5 | | (2) developing resolutions, regulations, or policies |
6 | | regarding student, employee, or visitor misconduct and |
7 | | discipline, including suspension and expulsion; |
8 | | (3) developing resolutions, regulations, or policies |
9 | | regarding the storage or maintenance of firearms, which |
10 | | must include designated areas where persons can park |
11 | | vehicles that carry firearms; and |
12 | | (4) permitting the carrying or use of firearms for the |
13 | | purpose of instruction and curriculum of officially |
14 | | recognized programs, including but not limited to military |
15 | | science and law enforcement training programs, or in any |
16 | | designated area used for hunting purposes or target |
17 | | shooting. |
18 | | (a-10) The owner of private real property of any type may |
19 | | prohibit the carrying of concealed firearms on the property |
20 | | under his or her control. The owner must post a sign in |
21 | | accordance with subsection (d) of this Section indicating that |
22 | | firearms are prohibited on the property, unless the property is |
23 | | a private residence. |
24 | | (b) Notwithstanding subsections (a), (a-5), and (a-10) of |
25 | | this Section except under paragraph (22) or (23) of subsection |
26 | | (a), any licensee prohibited from carrying a concealed firearm |
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1 | | into the parking area of a prohibited location specified in |
2 | | subsection (a), (a-5), or (a-10) of this Section shall be |
3 | | permitted to carry a concealed firearm on or about his or her |
4 | | person within a vehicle into the parking area and may store a |
5 | | firearm or ammunition concealed in a case within a locked |
6 | | vehicle or locked container out of plain view within the |
7 | | vehicle in the parking area. A licensee may carry a concealed |
8 | | firearm in the immediate area surrounding his or her vehicle |
9 | | within a prohibited parking lot area only for the limited |
10 | | purpose of storing or retrieving a firearm within the vehicle's |
11 | | trunk. For purposes of this subsection, "case" includes a glove |
12 | | compartment or console that completely encloses the concealed |
13 | | firearm or ammunition, the trunk of the vehicle, or a firearm |
14 | | carrying box, shipping box, or other container. |
15 | | (c) A licensee shall not be in violation of this Section |
16 | | while he or she is traveling along a public right of way that |
17 | | touches or crosses any of the premises under subsection (a), |
18 | | (a-5), or (a-10) of this Section if the concealed firearm is |
19 | | carried on his or her person in accordance with the provisions |
20 | | of this Act or is being transported in a vehicle by the |
21 | | licensee in accordance with all other applicable provisions of |
22 | | law. |
23 | | (d) Signs stating that the carrying of firearms is |
24 | | prohibited shall be clearly and conspicuously posted at the |
25 | | entrance of a building, premises, or real property specified in |
26 | | this Section as a prohibited area, unless the building or |
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1 | | premises is a private residence. Signs shall be of a uniform |
2 | | design as established by the Department and shall be 4 inches |
3 | | by 6 inches in size. The Department shall adopt rules for |
4 | | standardized signs to be used under this subsection.
|
5 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) |
6 | | Section 90-50. The Criminal Code of 2012 is amended by |
7 | | changing Sections 28-1, 28-1.1, 28-3,
28-5, and 28-7 as |
8 | | follows:
|
9 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
|
10 | | Sec. 28-1. Gambling.
|
11 | | (a) A person commits gambling when he or she:
|
12 | | (1) knowingly plays a game of chance or skill for money |
13 | | or other thing of
value, unless excepted in subsection (b) |
14 | | of this Section;
|
15 | | (2) knowingly makes a wager upon the result of any |
16 | | game, contest, or any
political nomination, appointment or |
17 | | election;
|
18 | | (3) knowingly operates, keeps, owns, uses, purchases, |
19 | | exhibits, rents, sells,
bargains for the sale or lease of, |
20 | | manufactures or distributes any
gambling device;
|
21 | | (4) contracts to have or give himself or herself or |
22 | | another the option to buy
or sell, or contracts to buy or |
23 | | sell, at a future time, any grain or
other commodity |
24 | | whatsoever, or any stock or security of any company,
where |
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1 | | it is at the time of making such contract intended by both |
2 | | parties
thereto that the contract to buy or sell, or the |
3 | | option, whenever
exercised, or the contract resulting |
4 | | therefrom, shall be settled, not by
the receipt or delivery |
5 | | of such property, but by the payment only of
differences in |
6 | | prices thereof; however, the issuance, purchase, sale,
|
7 | | exercise, endorsement or guarantee, by or through a person |
8 | | registered
with the Secretary of State pursuant to Section |
9 | | 8 of the Illinois
Securities Law of 1953, or by or through |
10 | | a person exempt from such
registration under said Section |
11 | | 8, of a put, call, or other option to
buy or sell |
12 | | securities which have been registered with the Secretary of
|
13 | | State or which are exempt from such registration under |
14 | | Section 3 of the
Illinois Securities Law of 1953 is not |
15 | | gambling within the meaning of
this paragraph (4);
|
16 | | (5) knowingly owns or possesses any book, instrument or |
17 | | apparatus by
means of which bets or wagers have been, or |
18 | | are, recorded or registered,
or knowingly possesses any |
19 | | money which he has received in the course of
a bet or |
20 | | wager;
|
21 | | (6) knowingly sells pools upon the result of any game |
22 | | or contest of skill or
chance, political nomination, |
23 | | appointment or election;
|
24 | | (7) knowingly sets up or promotes any lottery or sells, |
25 | | offers to sell or
transfers any ticket or share for any |
26 | | lottery;
|
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1 | | (8) knowingly sets up or promotes any policy game or |
2 | | sells, offers to sell or
knowingly possesses or transfers |
3 | | any policy ticket, slip, record,
document or other similar |
4 | | device;
|
5 | | (9) knowingly drafts, prints or publishes any lottery |
6 | | ticket or share,
or any policy ticket, slip, record, |
7 | | document or similar device, except for
such activity |
8 | | related to lotteries, bingo games and raffles authorized by
|
9 | | and conducted in accordance with the laws of Illinois or |
10 | | any other state or
foreign government;
|
11 | | (10) knowingly advertises any lottery or policy game, |
12 | | except for such
activity related to lotteries, bingo games |
13 | | and raffles authorized by and
conducted in accordance with |
14 | | the laws of Illinois or any other state;
|
15 | | (11) knowingly transmits information as to wagers, |
16 | | betting odds, or
changes in betting odds by telephone, |
17 | | telegraph, radio, semaphore or
similar means; or knowingly |
18 | | installs or maintains equipment for the
transmission or |
19 | | receipt of such information; except that nothing in this
|
20 | | subdivision (11) prohibits transmission or receipt of such |
21 | | information
for use in news reporting of sporting events or |
22 | | contests; or
|
23 | | (12) knowingly establishes, maintains, or operates an |
24 | | Internet site that
permits a person to play a game of
|
25 | | chance or skill for money or other thing of value by means |
26 | | of the Internet or
to make a wager upon the
result of any |
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1 | | game, contest, political nomination, appointment, or
|
2 | | election by means of the Internet. This item (12) does not |
3 | | apply to activities referenced in items (6) and (6.1) of |
4 | | subsection (b) of this Section.
|
5 | | (b) Participants in any of the following activities shall |
6 | | not be
convicted of gambling:
|
7 | | (1) Agreements to compensate for loss caused by the |
8 | | happening of
chance including without limitation contracts |
9 | | of indemnity or guaranty
and life or health or accident |
10 | | insurance.
|
11 | | (2) Offers of prizes, award or compensation to the |
12 | | actual
contestants in any bona fide contest for the |
13 | | determination of skill,
speed, strength or endurance or to |
14 | | the owners of animals or vehicles
entered in such contest.
|
15 | | (3) Pari-mutuel betting as authorized by the law of |
16 | | this State.
|
17 | | (4) Manufacture of gambling devices, including the |
18 | | acquisition of
essential parts therefor and the assembly |
19 | | thereof, for transportation in
interstate or foreign |
20 | | commerce to any place outside this State when such
|
21 | | transportation is not prohibited by any applicable Federal |
22 | | law; or the
manufacture, distribution, or possession of |
23 | | video gaming terminals, as
defined in the Video Gaming Act, |
24 | | by manufacturers, distributors, and
terminal operators |
25 | | licensed to do so under the Video Gaming Act.
|
26 | | (5) The game commonly known as "bingo", when conducted |
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1 | | in accordance
with the Bingo License and Tax Act.
|
2 | | (6) Lotteries when conducted by the State of Illinois |
3 | | in accordance
with the Illinois Lottery Law. This exemption |
4 | | includes any activity conducted by the Department of |
5 | | Revenue to sell lottery tickets pursuant to the provisions |
6 | | of the Illinois Lottery Law and its rules.
|
7 | | (6.1) The purchase of lottery tickets through the |
8 | | Internet for a lottery conducted by the State of Illinois |
9 | | under the program established in Section 7.12 of the |
10 | | Illinois Lottery Law.
|
11 | | (7) Possession of an antique slot machine that is |
12 | | neither used nor
intended to be used in the operation or |
13 | | promotion of any unlawful
gambling activity or enterprise. |
14 | | For the purpose of this subparagraph
(b)(7), an antique |
15 | | slot machine is one manufactured 25 years ago or earlier.
|
16 | | (8) Raffles and poker runs when conducted in accordance |
17 | | with the Raffles and Poker Runs Act.
|
18 | | (9) Charitable games when conducted in accordance with |
19 | | the Charitable
Games Act.
|
20 | | (10) Pull tabs and jar games when conducted under the |
21 | | Illinois Pull
Tabs and Jar Games Act.
|
22 | | (11) Gambling games conducted on riverboats when
|
23 | | authorized by the Illinois Riverboat Gambling Act.
|
24 | | (12) Video gaming terminal games at a licensed |
25 | | establishment, licensed truck stop establishment,
licensed
|
26 | | fraternal establishment, or licensed veterans |
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1 | | establishment when
conducted in accordance with the Video |
2 | | Gaming Act. |
3 | | (13) Games of skill or chance where money or other |
4 | | things of value can be won but no payment or purchase is |
5 | | required to participate. |
6 | | (14) Savings promotion raffles authorized under |
7 | | Section 5g of the Illinois Banking Act, Section 7008 of the |
8 | | Savings Bank Act, Section 42.7 of the Illinois Credit Union |
9 | | Act, Section 5136B of the National Bank Act (12 U.S.C. |
10 | | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. |
11 | | 1463). |
12 | | (c) Sentence.
|
13 | | Gambling is a
Class A misdemeanor. A second or
subsequent |
14 | | conviction under subsections (a)(3) through (a)(12),
is a Class |
15 | | 4 felony.
|
16 | | (d) Circumstantial evidence.
|
17 | | In prosecutions under
this
Section circumstantial evidence |
18 | | shall have the same validity and weight as
in any criminal |
19 | | prosecution.
|
20 | | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16 .)
|
21 | | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
|
22 | | Sec. 28-1.1. Syndicated gambling.
|
23 | | (a) Declaration of Purpose. Recognizing the close |
24 | | relationship between
professional gambling and other organized |
25 | | crime, it is declared to be the
policy of the legislature to |
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1 | | restrain persons from engaging in the business
of gambling for |
2 | | profit in this State. This Section shall be liberally
construed |
3 | | and administered with a view to carrying out this policy.
|
4 | | (b) A person commits syndicated gambling when he or she |
5 | | operates a "policy
game" or engages in the business of |
6 | | bookmaking.
|
7 | | (c) A person "operates a policy game" when he or she |
8 | | knowingly uses any
premises or property for the purpose of |
9 | | receiving or knowingly does
receive from what is commonly |
10 | | called "policy":
|
11 | | (1) money from a person other than the bettor or player |
12 | | whose
bets or plays are represented by the money; or
|
13 | | (2) written "policy game" records, made or used over |
14 | | any
period of time, from a person other than the bettor or |
15 | | player whose bets
or plays are represented by the written |
16 | | record.
|
17 | | (d) A person engages in bookmaking when he or she knowingly |
18 | | receives or accepts more
than five bets or wagers upon the |
19 | | result of any trials or contests of
skill, speed or power of |
20 | | endurance or upon any lot, chance, casualty,
unknown or |
21 | | contingent event whatsoever, which bets or wagers shall be of
|
22 | | such size that the total of the amounts of money paid or |
23 | | promised to be
paid to the bookmaker on account thereof shall |
24 | | exceed $2,000.
Bookmaking is the receiving or accepting of bets |
25 | | or wagers
regardless of the form or manner in which the |
26 | | bookmaker records them.
|
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1 | | (e) Participants in any of the following activities shall |
2 | | not be
convicted of syndicated gambling:
|
3 | | (1) Agreements to compensate for loss caused by the |
4 | | happening
of chance including without limitation contracts |
5 | | of indemnity or
guaranty and life or health or accident |
6 | | insurance;
|
7 | | (2) Offers of prizes, award or compensation to the |
8 | | actual
contestants in any bona fide contest for the |
9 | | determination of skill,
speed, strength or endurance or to |
10 | | the owners of animals or vehicles
entered in the contest;
|
11 | | (3) Pari-mutuel betting as authorized by law of this |
12 | | State;
|
13 | | (4) Manufacture of gambling devices, including the |
14 | | acquisition
of essential parts therefor and the assembly |
15 | | thereof, for transportation
in interstate or foreign |
16 | | commerce to any place outside this State when
the |
17 | | transportation is not prohibited by any applicable Federal |
18 | | law;
|
19 | | (5) Raffles and poker runs when conducted in accordance |
20 | | with the Raffles and Poker Runs Act;
|
21 | | (6) Gambling games conducted on riverboats , in |
22 | | casinos, or at electronic gaming facilities when
|
23 | | authorized by the Illinois Riverboat Gambling Act;
|
24 | | (7) Video gaming terminal games at a licensed |
25 | | establishment, licensed truck stop establishment,
licensed
|
26 | | fraternal establishment, or licensed veterans |
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1 | | establishment
when conducted in accordance with the Video |
2 | | Gaming Act; and
|
3 | | (8) Savings promotion raffles authorized under Section |
4 | | 5g of the Illinois Banking Act, Section 7008 of the Savings |
5 | | Bank Act, Section 42.7 of the Illinois Credit Union Act, |
6 | | Section 5136B of the National Bank Act (12 U.S.C. 25a), or |
7 | | Section 4 of the Home Owners' Loan Act (12 U.S.C. 1463). |
8 | | (f) Sentence. Syndicated gambling is a Class 3 felony.
|
9 | | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16 .)
|
10 | | (720 ILCS 5/28-3)
(from Ch. 38, par. 28-3)
|
11 | | Sec. 28-3. Keeping a Gambling Place. A "gambling place" is |
12 | | any real
estate, vehicle, boat or any other property whatsoever |
13 | | used for the
purposes of gambling other than gambling conducted |
14 | | in the manner authorized
by the Illinois Riverboat Gambling Act |
15 | | or the Video Gaming Act. Any person who
knowingly permits any |
16 | | premises
or property owned or occupied by him or under his |
17 | | control to be used as a
gambling place commits a Class A |
18 | | misdemeanor. Each subsequent offense is a
Class 4 felony. When |
19 | | any premises is determined by the circuit court to be
a |
20 | | gambling place:
|
21 | | (a) Such premises is a public nuisance and may be proceeded |
22 | | against as such,
and
|
23 | | (b) All licenses, permits or certificates issued by the |
24 | | State of
Illinois or any subdivision or public agency thereof |
25 | | authorizing the
serving of food or liquor on such premises |
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1 | | shall be void; and no license,
permit or certificate so |
2 | | cancelled shall be reissued for such premises for
a period of |
3 | | 60 days thereafter; nor shall any person convicted of keeping a
|
4 | | gambling place be reissued such license
for one year from his |
5 | | conviction and, after a second conviction of keeping
a gambling |
6 | | place, any such person shall not be reissued such license, and
|
7 | | (c) Such premises of any person who knowingly permits |
8 | | thereon a
violation of any Section of this Article shall be |
9 | | held liable for, and may
be sold to pay any unsatisfied |
10 | | judgment that may be recovered and any
unsatisfied fine that |
11 | | may be levied under any Section of this Article.
|
12 | | (Source: P.A. 96-34, eff. 7-13-09.)
|
13 | | (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
|
14 | | Sec. 28-5. Seizure of gambling devices and gambling funds.
|
15 | | (a) Every device designed for gambling which is incapable |
16 | | of lawful use
or every device used unlawfully for gambling |
17 | | shall be considered a
"gambling device", and shall be subject |
18 | | to seizure, confiscation and
destruction by the Department of |
19 | | State Police or by any municipal, or other
local authority, |
20 | | within whose jurisdiction the same may be found. As used
in |
21 | | this Section, a "gambling device" includes any slot machine, |
22 | | and
includes any machine or device constructed for the |
23 | | reception of money or
other thing of value and so constructed |
24 | | as to return, or to cause someone
to return, on chance to the |
25 | | player thereof money, property or a right to
receive money or |
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1 | | property. With the exception of any device designed for
|
2 | | gambling which is incapable of lawful use, no gambling device |
3 | | shall be
forfeited or destroyed unless an individual with a |
4 | | property interest in
said device knows of the unlawful use of |
5 | | the device.
|
6 | | (b) Every gambling device shall be seized and forfeited to |
7 | | the county
wherein such seizure occurs. Any money or other |
8 | | thing of value integrally
related to acts of gambling shall be |
9 | | seized and forfeited to the county
wherein such seizure occurs.
|
10 | | (c) If, within 60 days after any seizure pursuant to |
11 | | subparagraph
(b) of this Section, a person having any property |
12 | | interest in the seized
property is charged with an offense, the |
13 | | court which renders judgment
upon such charge shall, within 30 |
14 | | days after such judgment, conduct a
forfeiture hearing to |
15 | | determine whether such property was a gambling device
at the |
16 | | time of seizure. Such hearing shall be commenced by a written
|
17 | | petition by the State, including material allegations of fact, |
18 | | the name
and address of every person determined by the State to |
19 | | have any property
interest in the seized property, a |
20 | | representation that written notice of
the date, time and place |
21 | | of such hearing has been mailed to every such
person by |
22 | | certified mail at least 10 days before such date, and a
request |
23 | | for forfeiture. Every such person may appear as a party and
|
24 | | present evidence at such hearing. The quantum of proof required |
25 | | shall
be a preponderance of the evidence, and the burden of |
26 | | proof shall be on
the State. If the court determines that the |
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1 | | seized property was
a gambling device at the time of seizure, |
2 | | an order of forfeiture and
disposition of the seized property |
3 | | shall be entered: a gambling device
shall be received by the |
4 | | State's Attorney, who shall effect its
destruction, except that |
5 | | valuable parts thereof may be liquidated and
the resultant |
6 | | money shall be deposited in the general fund of the county
|
7 | | wherein such seizure occurred; money and other things of value |
8 | | shall be
received by the State's Attorney and, upon |
9 | | liquidation, shall be
deposited in the general fund of the |
10 | | county wherein such seizure
occurred. However, in the event |
11 | | that a defendant raises the defense
that the seized slot |
12 | | machine is an antique slot machine described in
subparagraph |
13 | | (b) (7) of Section 28-1 of this Code and therefore he is
exempt |
14 | | from the charge of a gambling activity participant, the seized
|
15 | | antique slot machine shall not be destroyed or otherwise |
16 | | altered until a
final determination is made by the Court as to |
17 | | whether it is such an
antique slot machine. Upon a final |
18 | | determination by the Court of this
question in favor of the |
19 | | defendant, such slot machine shall be
immediately returned to |
20 | | the defendant. Such order of forfeiture and
disposition shall, |
21 | | for the purposes of appeal, be a final order and
judgment in a |
22 | | civil proceeding.
|
23 | | (d) If a seizure pursuant to subparagraph (b) of this |
24 | | Section is not
followed by a charge pursuant to subparagraph |
25 | | (c) of this Section, or if
the prosecution of such charge is |
26 | | permanently terminated or indefinitely
discontinued without |
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1 | | any judgment of conviction or acquittal (1) the
State's |
2 | | Attorney shall commence an in rem proceeding for the forfeiture
|
3 | | and destruction of a gambling device, or for the forfeiture and |
4 | | deposit
in the general fund of the county of any seized money |
5 | | or other things of
value, or both, in the circuit court and (2) |
6 | | any person having any
property interest in such seized gambling |
7 | | device, money or other thing
of value may commence separate |
8 | | civil proceedings in the manner provided
by law.
|
9 | | (e) Any gambling device displayed for sale to a riverboat |
10 | | gambling
operation , casino gambling operation, or electronic |
11 | | gaming facility or used to train occupational licensees of a |
12 | | riverboat gambling
operation , casino gambling operation, or |
13 | | electronic gaming facility as authorized under the Illinois |
14 | | Riverboat Gambling Act is exempt from
seizure under this |
15 | | Section.
|
16 | | (f) Any gambling equipment, devices and supplies provided |
17 | | by a licensed
supplier in accordance with the Illinois |
18 | | Riverboat Gambling Act which are removed
from a the riverboat , |
19 | | casino, or electronic gaming facility for repair are exempt |
20 | | from seizure under this Section.
|
21 | | (g) The following video gaming terminals are exempt from |
22 | | seizure under this Section: |
23 | | (1) Video gaming terminals for sale to a licensed |
24 | | distributor or operator under the Video Gaming Act. |
25 | | (2) Video gaming terminals used to train licensed |
26 | | technicians or licensed terminal handlers. |
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1 | | (3) Video gaming terminals that are removed from a |
2 | | licensed establishment, licensed truck stop establishment,
|
3 | | licensed
fraternal establishment, or licensed veterans |
4 | | establishment for repair. |
5 | | (Source: P.A. 98-31, eff. 6-24-13.)
|
6 | | (720 ILCS 5/28-7)
(from Ch. 38, par. 28-7)
|
7 | | Sec. 28-7. Gambling contracts void.
|
8 | | (a) All promises, notes, bills, bonds, covenants, |
9 | | contracts, agreements,
judgments, mortgages, or other |
10 | | securities or conveyances made, given,
granted, drawn, or |
11 | | entered into, or executed by any person whatsoever,
where the |
12 | | whole or any part of the consideration thereof is for any
money |
13 | | or thing of value, won or obtained in violation of any Section |
14 | | of
this Article are null and void.
|
15 | | (b) Any obligation void under this Section may be set aside |
16 | | and vacated
by any court of competent jurisdiction, upon a |
17 | | complaint filed for that
purpose, by the person so granting, |
18 | | giving, entering into, or executing the
same, or by his |
19 | | executors or administrators, or by any creditor, heir,
legatee, |
20 | | purchaser or other person interested therein; or if a judgment,
|
21 | | the same may be set aside on motion of any person stated above, |
22 | | on due
notice thereof given.
|
23 | | (c) No assignment of any obligation void under this Section |
24 | | may in any
manner affect the defense of the person giving, |
25 | | granting, drawing, entering
into or executing such obligation, |
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1 | | or the remedies of any person interested
therein.
|
2 | | (d) This Section shall not prevent a licensed owner of a |
3 | | riverboat
gambling operation , casino gambling operation, or an |
4 | | electronic gaming licensee under the Illinois Gambling
Act and |
5 | | the Illinois Horse Racing Act of 1975 from instituting a cause |
6 | | of
action to collect any amount due and owing under an |
7 | | extension of credit to a
riverboat gambling patron as |
8 | | authorized under Section 11.1 of the Illinois
Riverboat |
9 | | Gambling Act.
|
10 | | (Source: P.A. 87-826.)
|
11 | | Section 90-55. The Eminent Domain Act is amended by adding |
12 | | Section 15-5-48 as follows: |
13 | | (735 ILCS 30/15-5-48 new) |
14 | | Sec. 15-5-48. Eminent domain powers in new Acts. The |
15 | | following provisions of law may include express grants of the |
16 | | power to acquire property by condemnation or eminent domain: |
17 | | Chicago Casino Development Authority Act; City of Chicago; for |
18 | | the purposes of the Act. |
19 | | Section 90-60. The Payday Loan Reform Act is amended by |
20 | | changing Section 3-5 as follows: |
21 | | (815 ILCS 122/3-5)
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1 | | Sec. 3-5. Licensure. |
2 | | (a) A license to make a payday loan shall state the |
3 | | address,
including city and state, at which
the business is to |
4 | | be conducted and shall state fully the name of the licensee.
|
5 | | The license shall be conspicuously posted in the place of |
6 | | business of the
licensee and shall not be transferable or |
7 | | assignable.
|
8 | | (b) An application for a license shall be in writing and in |
9 | | a form
prescribed by the Secretary. The Secretary may not issue |
10 | | a payday loan
license unless and until the following findings |
11 | | are made:
|
12 | | (1) that the financial responsibility, experience, |
13 | | character, and general
fitness of the applicant are such as |
14 | | to command the confidence of the public
and to warrant the |
15 | | belief that the business will be operated lawfully and
|
16 | | fairly and within the provisions and purposes of this Act; |
17 | | and
|
18 | | (2) that the applicant has submitted such other |
19 | | information as the
Secretary may deem necessary.
|
20 | | (c) A license shall be issued for no longer than one year, |
21 | | and no renewal
of a license may be provided if a licensee has |
22 | | substantially violated this
Act and has not cured the violation |
23 | | to the satisfaction of the Department.
|
24 | | (d) A licensee shall appoint, in writing, the Secretary as |
25 | | attorney-in-fact
upon whom all lawful process against the |
26 | | licensee may be served with the
same legal force and validity |
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1 | | as if served on the licensee. A copy of the
written |
2 | | appointment, duly certified, shall be filed in the office of |
3 | | the
Secretary, and a copy thereof certified by the Secretary |
4 | | shall be sufficient
evidence to subject a licensee to |
5 | | jurisdiction in a court of law. This appointment shall remain |
6 | | in effect while any liability remains
outstanding in this State |
7 | | against the licensee. When summons is served upon
the Secretary |
8 | | as attorney-in-fact for a licensee, the Secretary shall |
9 | | immediately
notify the licensee by registered mail, enclosing |
10 | | the summons and specifying
the hour and day of service.
|
11 | | (e) A licensee must pay an annual fee of $1,000. In |
12 | | addition to the
license fee, the reasonable expense of any |
13 | | examination or hearing
by the Secretary under any provisions of |
14 | | this Act shall be borne by
the licensee. If a licensee fails to |
15 | | renew its license by December 31,
its license
shall |
16 | | automatically expire; however, the Secretary, in his or her |
17 | | discretion,
may reinstate an expired license upon:
|
18 | | (1) payment of the annual fee within 30 days of the |
19 | | date of
expiration; and
|
20 | | (2) proof of good cause for failure to renew.
|
21 | | (f) Not more than one place of business shall be maintained |
22 | | under the
same license, but the Secretary may issue more than |
23 | | one license to the same
licensee upon compliance with all the |
24 | | provisions of this Act governing
issuance of a single license. |
25 | | The location, except those locations already in
existence as of |
26 | | June 1, 2005, may not be within one mile of a
horse race track |
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1 | | subject to the Illinois Horse Racing Act of 1975,
within one |
2 | | mile of a facility at which gambling is conducted under the |
3 | | Illinois
Riverboat Gambling Act, within one mile of the |
4 | | location at which a
riverboat subject to the Illinois Riverboat |
5 | | Gambling Act docks, or within one mile of
any State of Illinois |
6 | | or United States military base or naval installation.
|
7 | | (g) No licensee shall conduct the business of making loans |
8 | | under this
Act within any office, suite, room, or place of |
9 | | business in which (1) any loans are offered or made under the |
10 | | Consumer Installment Loan Act other than title secured loans as |
11 | | defined in subsection (a) of Section 15 of the Consumer |
12 | | Installment Loan Act and governed by Title 38, Section 110.330 |
13 | | of the Illinois Administrative Code or (2) any other
business |
14 | | is solicited or engaged in unless the other business is |
15 | | licensed by the Department or, in the opinion of the Secretary, |
16 | | the
other business would not be contrary to the best interests |
17 | | of consumers and
is authorized by the Secretary in writing.
|
18 | | (g-5) Notwithstanding subsection (g) of this Section, a |
19 | | licensee may obtain a license under the Consumer Installment |
20 | | Loan Act (CILA) for the exclusive purpose and use of making |
21 | | title secured loans, as defined in subsection (a) of Section 15 |
22 | | of CILA and governed by Title 38, Section 110.300 of the |
23 | | Illinois Administrative Code. A licensee may continue to |
24 | | service Consumer Installment Loan Act loans that were |
25 | | outstanding as of the effective date of this amendatory Act of |
26 | | the 96th General Assembly. |
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1 | | (h) The Secretary shall maintain a list of licensees that |
2 | | shall be
available to interested consumers and lenders and the |
3 | | public. The Secretary
shall maintain a toll-free number whereby |
4 | | consumers may obtain
information about licensees. The |
5 | | Secretary shall also establish a complaint
process under which |
6 | | an aggrieved consumer
may file a complaint against a licensee |
7 | | or non-licensee who violates any
provision of this Act.
|
8 | | (Source: P.A. 96-936, eff. 3-21-11 .) |
9 | | Section 90-65. The Travel Promotion Consumer Protection |
10 | | Act is amended by changing Section 2 as follows:
|
11 | | (815 ILCS 420/2) (from Ch. 121 1/2, par. 1852)
|
12 | | Sec. 2. Definitions.
|
13 | | (a) "Travel promoter" means a person, including a tour |
14 | | operator, who sells,
provides, furnishes, contracts for, |
15 | | arranges or advertises that he or she will
arrange wholesale or |
16 | | retail transportation by air, land, sea or navigable
stream, |
17 | | either separately or in conjunction with other services. |
18 | | "Travel
promoter" does not include (1) an air carrier; (2) a |
19 | | sea carrier; (3) an
officially appointed agent of an air |
20 | | carrier who is a member in good standing
of the Airline |
21 | | Reporting Corporation; (4) a travel promoter who has in
force |
22 | | $1,000,000 or more of liability insurance coverage for |
23 | | professional
errors and omissions and a surety bond or |
24 | | equivalent surety in the amount of
$100,000 or more for the |
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1 | | benefit of consumers in the event of a bankruptcy on
the part |
2 | | of the travel promoter; or (5) a riverboat subject to |
3 | | regulation under
the Illinois Riverboat Gambling Act.
|
4 | | (b) "Advertise" means to make any representation in the |
5 | | solicitation of
passengers and includes communication with |
6 | | other members of the same
partnership, corporation, joint |
7 | | venture, association, organization, group or
other entity.
|
8 | | (c) "Passenger" means a person on whose behalf money or |
9 | | other
consideration has been given or is to be given to |
10 | | another, including
another member of the same partnership, |
11 | | corporation, joint venture,
association, organization, group |
12 | | or other entity, for travel.
|
13 | | (d) "Ticket or voucher" means a writing or combination of |
14 | | writings which
is itself good and sufficient to obtain
|
15 | | transportation and other services for which the passenger has |
16 | | contracted.
|
17 | | (Source: P.A. 91-357, eff. 7-29-99.)
|
18 | | (30 ILCS 105/5.490 rep.) |
19 | | Section 90-70. The State Finance Act is amended by |
20 | | repealing Section 5.490. |
21 | | (230 ILCS 5/54 rep.) |
22 | | Section 90-75. The Illinois Horse Racing Act of 1975 is |
23 | | amended by repealing Section 54. |