Full Text of HB1921 94th General Assembly
HB1921ham002 94TH GENERAL ASSEMBLY
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Rep. Angelo Saviano
Filed: 5/18/2005
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| AMENDMENT TO HOUSE BILL 1921
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| AMENDMENT NO. ______. Amend House Bill 1921 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Executive Reorganization Implementation | 5 |
| Act is amended by changing Section 3.1 as follows:
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| (15 ILCS 15/3.1) (from Ch. 127, par. 1803.1)
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| Sec. 3.1. "Agency directly responsible to the Governor" or | 8 |
| "agency" means
any office, officer, division, or part thereof,
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| and any other office, nonelective officer, department, | 10 |
| division, bureau,
board, or commission in the executive branch | 11 |
| of State government,
except that it does not apply to any | 12 |
| agency whose primary function is service
to the General | 13 |
| Assembly or the Judicial Branch of State government, or to
any | 14 |
| agency administered by the Attorney General, Secretary of | 15 |
| State, State
Comptroller or State Treasurer. In addition the | 16 |
| term does not apply to
the following agencies created by law | 17 |
| with the primary responsibility of
exercising regulatory
or | 18 |
| adjudicatory functions independently of the Governor:
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| (1) the State Board of Elections;
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| (2) the State Board of Education;
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| (3) the Illinois Commerce Commission;
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| (4) the Illinois Workers' Compensation
Commission;
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| (5) the Civil Service Commission;
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| (6) the Fair Employment Practices Commission;
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| (7) the Pollution Control Board;
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| (8) the Department of State Police Merit Board ; | 3 |
| (9) The Illinois Gaming Board .
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| (Source: P.A. 93-721, eff. 1-1-05.)
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| Section 10. The Department of Revenue Law of the
Civil | 6 |
| Administrative Code of Illinois is amended by changing Section | 7 |
| 2505-305 as follows:
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| (20 ILCS 2505/2505-305) (was 20 ILCS 2505/39b15.1)
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| Sec. 2505-305. Investigators.
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| (a) The Department has the power to
appoint investigators | 11 |
| to conduct all investigations,
searches, seizures, arrests, | 12 |
| and other duties imposed under the provisions
of any law | 13 |
| administered by the Department
or the Illinois Gaming Board .
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| These
Except as provided in subsection (c), these investigators | 15 |
| have
and
may exercise all the powers of peace officers solely | 16 |
| for the purpose of
enforcing taxing measures administered by | 17 |
| the Department
or the Illinois Gaming Board .
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| (b) The Director must authorize to each investigator | 19 |
| employed under this
Section and
to any other employee of the | 20 |
| Department exercising the powers of a peace
officer a
distinct | 21 |
| badge that, on its face, (i) clearly states that the badge is
| 22 |
| authorized
by the
Department and (ii)
contains a unique | 23 |
| identifying number.
No other badge shall be authorized by
the | 24 |
| Department.
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| (c) (Blank).
Investigators appointed under this Section | 26 |
| who are assigned to the
Illinois Gaming Board have and may | 27 |
| exercise all
the rights and powers
of peace officers,
provided | 28 |
| that these powers shall be limited to offenses or violations | 29 |
| occurring
or committed on a riverboat or dock, as defined in | 30 |
| subsections (d) and (f) of
Section 4 of the Riverboat
Gambling | 31 |
| Act.
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| (Source: P.A. 91-239, eff. 1-1-00; 91-883, eff. 1-1-01; 92-493, |
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| eff. 1-1-02.)
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| Section 15. The Illinois Pension Code is amended by | 3 |
| changing Sections 14-110 and 18-127 as follows:
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| (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
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| Sec. 14-110. Alternative retirement annuity.
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| (a) Any member who has withdrawn from service with not less | 7 |
| than 20
years of eligible creditable service and has attained | 8 |
| age 55, and any
member who has withdrawn from service with not | 9 |
| less than 25 years of
eligible creditable service and has | 10 |
| attained age 50, regardless of whether
the attainment of either | 11 |
| of the specified ages occurs while the member is
still in | 12 |
| service, shall be entitled to receive at the option of the | 13 |
| member,
in lieu of the regular or minimum retirement annuity, a | 14 |
| retirement annuity
computed as follows:
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| (i) for periods of service as a noncovered employee:
if | 16 |
| retirement occurs on or after January 1, 2001, 3% of final
| 17 |
| average compensation for each year of creditable service; | 18 |
| if retirement occurs
before January 1, 2001, 2 1/4% of | 19 |
| final average compensation for each of the
first 10 years | 20 |
| of creditable service, 2 1/2% for each year above 10 years | 21 |
| to
and including 20 years of creditable service, and 2 3/4% | 22 |
| for each year of
creditable service above 20 years; and
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| (ii) for periods of eligible creditable service as a | 24 |
| covered employee:
if retirement occurs on or after January | 25 |
| 1, 2001, 2.5% of final average
compensation for each year | 26 |
| of creditable service; if retirement occurs before
January | 27 |
| 1, 2001, 1.67% of final average compensation for each of | 28 |
| the first
10 years of such service, 1.90% for each of the | 29 |
| next 10 years of such service,
2.10% for each year of such | 30 |
| service in excess of 20 but not exceeding 30, and
2.30% for | 31 |
| each year in excess of 30.
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| Such annuity shall be subject to a maximum of 75% of final |
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| average
compensation if retirement occurs before January 1, | 2 |
| 2001 or to a maximum
of 80% of final average compensation if | 3 |
| retirement occurs on or after January
1, 2001.
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| These rates shall not be applicable to any service | 5 |
| performed
by a member as a covered employee which is not | 6 |
| eligible creditable service.
Service as a covered employee | 7 |
| which is not eligible creditable service
shall be subject to | 8 |
| the rates and provisions of Section 14-108.
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| (b) For the purpose of this Section, "eligible creditable | 10 |
| service" means
creditable service resulting from service in one | 11 |
| or more of the following
positions:
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| (1) State policeman;
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| (2) fire fighter in the fire protection service of a | 14 |
| department;
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| (3) air pilot;
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| (4) special agent;
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| (5) investigator for the Secretary of State;
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| (6) conservation police officer;
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| (7) investigator for the Department of Revenue or the | 20 |
| Illinois Gaming Board ;
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| (8) security employee of the Department of Human | 22 |
| Services;
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| (9) Central Management Services security police | 24 |
| officer;
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| (10) security employee of the Department of | 26 |
| Corrections;
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| (11) dangerous drugs investigator;
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| (12) investigator for the Department of State Police;
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| (13) investigator for the Office of the Attorney | 30 |
| General;
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| (14) controlled substance inspector;
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| (15) investigator for the Office of the State's | 33 |
| Attorneys Appellate
Prosecutor;
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| (16) Commerce Commission police officer;
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| (17) arson investigator;
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| (18) State highway maintenance worker.
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| A person employed in one of the positions specified in this | 4 |
| subsection is
entitled to eligible creditable service for | 5 |
| service credit earned under this
Article while undergoing the | 6 |
| basic police training course approved by the
Illinois Law | 7 |
| Enforcement Training
Standards Board, if
completion of that | 8 |
| training is required of persons serving in that position.
For | 9 |
| the purposes of this Code, service during the required basic | 10 |
| police
training course shall be deemed performance of the | 11 |
| duties of the specified
position, even though the person is not | 12 |
| a sworn peace officer at the time of
the training.
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| (c) For the purposes of this Section:
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| (1) The term "state policeman" includes any title or | 15 |
| position
in the Department of State Police that is held by | 16 |
| an individual employed
under the State Police Act.
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| (2) The term "fire fighter in the fire protection | 18 |
| service of a
department" includes all officers in such fire | 19 |
| protection service
including fire chiefs and assistant | 20 |
| fire chiefs.
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| (3) The term "air pilot" includes any employee whose | 22 |
| official job
description on file in the Department of | 23 |
| Central Management Services, or
in the department by which | 24 |
| he is employed if that department is not covered
by the | 25 |
| Personnel Code, states that his principal duty is the | 26 |
| operation of
aircraft, and who possesses a pilot's license; | 27 |
| however, the change in this
definition made by this | 28 |
| amendatory Act of 1983 shall not operate to exclude
any | 29 |
| noncovered employee who was an "air pilot" for the purposes | 30 |
| of this
Section on January 1, 1984.
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| (4) The term "special agent" means any person who by | 32 |
| reason of
employment by the Division of Narcotic Control, | 33 |
| the Bureau of Investigation
or, after July 1, 1977, the | 34 |
| Division of Criminal Investigation, the
Division of |
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| Internal Investigation, the Division of Operations, or any
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| other Division or organizational
entity in the Department | 3 |
| of State Police is vested by law with duties to
maintain | 4 |
| public order, investigate violations of the criminal law of | 5 |
| this
State, enforce the laws of this State, make arrests | 6 |
| and recover property.
The term "special agent" includes any | 7 |
| title or position in the Department
of State Police that is | 8 |
| held by an individual employed under the State
Police Act.
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| (5) The term "investigator for the Secretary of State" | 10 |
| means any person
employed by the Office of the Secretary of | 11 |
| State and vested with such
investigative duties as render | 12 |
| him ineligible for coverage under the Social
Security Act | 13 |
| by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 14 |
| 218(l)(1)
of that Act.
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| A person who became employed as an investigator for the | 16 |
| Secretary of
State between January 1, 1967 and December 31, | 17 |
| 1975, and who has served as
such until attainment of age | 18 |
| 60, either continuously or with a single break
in service | 19 |
| of not more than 3 years duration, which break terminated | 20 |
| before
January 1, 1976, shall be entitled to have his | 21 |
| retirement annuity
calculated in accordance with | 22 |
| subsection (a), notwithstanding
that he has less than 20 | 23 |
| years of credit for such service.
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| (6) The term "Conservation Police Officer" means any | 25 |
| person employed
by the Division of Law Enforcement of the | 26 |
| Department of Natural Resources and
vested with such law | 27 |
| enforcement duties as render him ineligible for coverage
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| under the Social Security Act by reason of Sections | 29 |
| 218(d)(5)(A), 218(d)(8)(D),
and 218(l)(1) of that Act. The | 30 |
| term "Conservation Police Officer" includes
the positions | 31 |
| of Chief Conservation Police Administrator and Assistant
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| Conservation Police Administrator.
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| (7) The term "investigator for the Department of | 34 |
| Revenue" means any
person employed by the Department of |
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| Revenue and vested with such
investigative duties as render | 2 |
| him ineligible for coverage under the Social
Security Act | 3 |
| by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and | 4 |
| 218(l)(1)
of that Act.
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| The term "investigator for the Illinois Gaming Board" | 6 |
| means any
person employed as such by the Illinois Gaming | 7 |
| Board and vested with such
peace officer duties as render | 8 |
| the person ineligible for coverage under the Social
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| Security Act by reason of Sections 218(d)(5)(A), | 10 |
| 218(d)(8)(D), and 218(l)(1)
of that Act.
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| (8) The term "security employee of the Department of | 12 |
| Human Services"
means any person employed by the Department | 13 |
| of Human Services who (i) is
employed at the Chester Mental | 14 |
| Health Center and has daily contact with the
residents | 15 |
| thereof, (ii) is employed within a security unit at a | 16 |
| facility
operated by the Department and has daily contact | 17 |
| with the residents of the
security unit, (iii) is employed | 18 |
| at a facility operated by the Department
that includes a | 19 |
| security unit and is regularly scheduled to work at least
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| 50% of his or her working hours within that security unit, | 21 |
| or (iv) is a mental health police officer.
"Mental health | 22 |
| police officer" means any person employed by the Department | 23 |
| of
Human Services in a position pertaining to the | 24 |
| Department's mental health and
developmental disabilities | 25 |
| functions who is vested with such law enforcement
duties as | 26 |
| render the person ineligible for coverage under the Social | 27 |
| Security
Act by reason of Sections 218(d)(5)(A), | 28 |
| 218(d)(8)(D) and 218(l)(1) of that
Act. "Security unit" | 29 |
| means that portion of a facility that is devoted to
the | 30 |
| care, containment, and treatment of persons committed to | 31 |
| the Department of
Human Services as sexually violent | 32 |
| persons, persons unfit to stand trial, or
persons not | 33 |
| guilty by reason of insanity. With respect to past | 34 |
| employment,
references to the Department of Human Services |
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| include its predecessor, the
Department of Mental Health | 2 |
| and Developmental Disabilities.
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| The changes made to this subdivision (c)(8) by Public | 4 |
| Act 92-14 apply to persons who retire on or after January | 5 |
| 1,
2001, notwithstanding Section 1-103.1.
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| (9) "Central Management Services security police | 7 |
| officer" means any
person employed by the Department of | 8 |
| Central Management Services who is
vested with such law | 9 |
| enforcement duties as render him ineligible for
coverage | 10 |
| under the Social Security Act by reason of Sections | 11 |
| 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
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| (10) The term "security employee of the Department of | 13 |
| Corrections"
means any employee of the Department of | 14 |
| Corrections or the former
Department of Personnel, and any | 15 |
| member or employee of the Prisoner
Review Board, who has | 16 |
| daily contact with inmates by working within a
correctional | 17 |
| facility or who is a parole officer or an employee who has
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| direct contact with committed persons in the performance of | 19 |
| his or her
job duties.
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| (11) The term "dangerous drugs investigator" means any | 21 |
| person who is
employed as such by the Department of Human | 22 |
| Services.
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| (12) The term "investigator for the Department of State | 24 |
| Police" means
a person employed by the Department of State | 25 |
| Police who is vested under
Section 4 of the Narcotic | 26 |
| Control Division Abolition Act with such
law enforcement | 27 |
| powers as render him ineligible for coverage under the
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| Social Security Act by reason of Sections 218(d)(5)(A), | 29 |
| 218(d)(8)(D) and
218(l)(1) of that Act.
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| (13) "Investigator for the Office of the Attorney | 31 |
| General" means any
person who is employed as such by the | 32 |
| Office of the Attorney General and
is vested with such | 33 |
| investigative duties as render him ineligible for
coverage | 34 |
| under the Social Security Act by reason of Sections |
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| 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. For | 2 |
| the period before January 1,
1989, the term includes all | 3 |
| persons who were employed as investigators by the
Office of | 4 |
| the Attorney General, without regard to social security | 5 |
| status.
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| (14) "Controlled substance inspector" means any person | 7 |
| who is employed
as such by the Department of Professional | 8 |
| Regulation and is vested with such
law enforcement duties | 9 |
| as render him ineligible for coverage under the Social
| 10 |
| Security Act by reason of Sections 218(d)(5)(A), | 11 |
| 218(d)(8)(D) and 218(l)(1) of
that Act. The term | 12 |
| "controlled substance inspector" includes the Program
| 13 |
| Executive of Enforcement and the Assistant Program | 14 |
| Executive of Enforcement.
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| (15) The term "investigator for the Office of the | 16 |
| State's Attorneys
Appellate Prosecutor" means a person | 17 |
| employed in that capacity on a full
time basis under the | 18 |
| authority of Section 7.06 of the State's Attorneys
| 19 |
| Appellate Prosecutor's Act.
| 20 |
| (16) "Commerce Commission police officer" means any | 21 |
| person employed
by the Illinois Commerce Commission who is | 22 |
| vested with such law
enforcement duties as render him | 23 |
| ineligible for coverage under the Social
Security Act by | 24 |
| reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
| 25 |
| 218(l)(1) of that Act.
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| (17) "Arson investigator" means any person who is | 27 |
| employed as such by
the Office of the State Fire Marshal | 28 |
| and is vested with such law enforcement
duties as render | 29 |
| the person ineligible for coverage under the Social | 30 |
| Security
Act by reason of Sections 218(d)(5)(A), | 31 |
| 218(d)(8)(D), and 218(l)(1) of that
Act. A person who was | 32 |
| employed as an arson
investigator on January 1, 1995 and is | 33 |
| no longer in service but not yet
receiving a retirement | 34 |
| annuity may convert his or her creditable service for
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| employment as an arson investigator into eligible | 2 |
| creditable service by paying
to the System the difference | 3 |
| between the employee contributions actually paid
for that | 4 |
| service and the amounts that would have been contributed if | 5 |
| the
applicant were contributing at the rate applicable to | 6 |
| persons with the same
social security status earning | 7 |
| eligible creditable service on the date of
application.
| 8 |
| (18) The term "State highway maintenance worker" means | 9 |
| a person who is
either of the following:
| 10 |
| (i) A person employed on a full-time basis by the | 11 |
| Illinois
Department of Transportation in the position | 12 |
| of
highway maintainer,
highway maintenance lead | 13 |
| worker,
highway maintenance lead/lead worker,
heavy | 14 |
| construction equipment operator,
power shovel | 15 |
| operator, or
bridge mechanic; and
whose principal | 16 |
| responsibility is to perform, on the roadway, the | 17 |
| actual
maintenance necessary to keep the highways that | 18 |
| form a part of the State
highway system in serviceable | 19 |
| condition for vehicular traffic.
| 20 |
| (ii) A person employed on a full-time basis by the | 21 |
| Illinois
State Toll Highway Authority in the position | 22 |
| of
equipment operator/laborer H-4,
equipment | 23 |
| operator/laborer H-6,
welder H-4,
welder H-6,
| 24 |
| mechanical/electrical H-4,
mechanical/electrical H-6,
| 25 |
| water/sewer H-4,
water/sewer H-6,
sign maker/hanger | 26 |
| H-4,
sign maker/hanger H-6,
roadway lighting H-4,
| 27 |
| roadway lighting H-6,
structural H-4,
structural H-6,
| 28 |
| painter H-4, or
painter H-6; and
whose principal | 29 |
| responsibility is to perform, on the roadway, the | 30 |
| actual
maintenance necessary to keep the Authority's | 31 |
| tollways in serviceable condition
for vehicular | 32 |
| traffic.
| 33 |
| (d) A security employee of the Department of Corrections, | 34 |
| and a security
employee of the Department of Human Services who |
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| is not a mental health police
officer, shall not be eligible | 2 |
| for the alternative retirement annuity provided
by this Section | 3 |
| unless he or she meets the following minimum age and service
| 4 |
| requirements at the time of retirement:
| 5 |
| (i) 25 years of eligible creditable service and age 55; | 6 |
| or
| 7 |
| (ii) beginning January 1, 1987, 25 years of eligible | 8 |
| creditable service
and age 54, or 24 years of eligible | 9 |
| creditable service and age 55; or
| 10 |
| (iii) beginning January 1, 1988, 25 years of eligible | 11 |
| creditable service
and age 53, or 23 years of eligible | 12 |
| creditable service and age 55; or
| 13 |
| (iv) beginning January 1, 1989, 25 years of eligible | 14 |
| creditable service
and age 52, or 22 years of eligible | 15 |
| creditable service and age 55; or
| 16 |
| (v) beginning January 1, 1990, 25 years of eligible | 17 |
| creditable service
and age 51, or 21 years of eligible | 18 |
| creditable service and age 55; or
| 19 |
| (vi) beginning January 1, 1991, 25 years of eligible | 20 |
| creditable service
and age 50, or 20 years of eligible | 21 |
| creditable service and age 55.
| 22 |
| Persons who have service credit under Article 16 of this | 23 |
| Code for service
as a security employee of the Department of | 24 |
| Corrections or the Department
of Human Services in a position | 25 |
| requiring certification as a teacher may
count such service | 26 |
| toward establishing their eligibility under the service
| 27 |
| requirements of this Section; but such service may be used only | 28 |
| for
establishing such eligibility, and not for the purpose of | 29 |
| increasing or
calculating any benefit.
| 30 |
| (e) If a member enters military service while working in a | 31 |
| position in
which eligible creditable service may be earned, | 32 |
| and returns to State
service in the same or another such | 33 |
| position, and fulfills in all other
respects the conditions | 34 |
| prescribed in this Article for credit for military
service, |
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| such military service shall be credited as eligible creditable
| 2 |
| service for the purposes of the retirement annuity prescribed | 3 |
| in this Section.
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| (f) For purposes of calculating retirement annuities under | 5 |
| this
Section, periods of service rendered after December 31, | 6 |
| 1968 and before
October 1, 1975 as a covered employee in the | 7 |
| position of special agent,
conservation police officer, mental | 8 |
| health police officer, or investigator
for the Secretary of | 9 |
| State, shall be deemed to have been service as a
noncovered | 10 |
| employee, provided that the employee pays to the System prior | 11 |
| to
retirement an amount equal to (1) the difference between the | 12 |
| employee
contributions that would have been required for such | 13 |
| service as a
noncovered employee, and the amount of employee | 14 |
| contributions actually
paid, plus (2) if payment is made after | 15 |
| July 31, 1987, regular interest
on the amount specified in item | 16 |
| (1) from the date of service to the date
of payment.
| 17 |
| For purposes of calculating retirement annuities under | 18 |
| this Section,
periods of service rendered after December 31, | 19 |
| 1968 and before January 1,
1982 as a covered employee in the | 20 |
| position of investigator for the
Department of Revenue shall be | 21 |
| deemed to have been service as a noncovered
employee, provided | 22 |
| that the employee pays to the System prior to retirement
an | 23 |
| amount equal to (1) the difference between the employee | 24 |
| contributions
that would have been required for such service as | 25 |
| a noncovered employee,
and the amount of employee contributions | 26 |
| actually paid, plus (2) if payment
is made after January 1, | 27 |
| 1990, regular interest on the amount specified in
item (1) from | 28 |
| the date of service to the date of payment.
| 29 |
| (g) A State policeman may elect, not later than January 1, | 30 |
| 1990, to
establish eligible creditable service for up to 10 | 31 |
| years of his service as
a policeman under Article 3, by filing | 32 |
| a written election with the Board,
accompanied by payment of an | 33 |
| amount to be determined by the Board, equal to
(i) the | 34 |
| difference between the amount of employee and employer
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| contributions transferred to the System under Section 3-110.5, | 2 |
| and the
amounts that would have been contributed had such | 3 |
| contributions been made
at the rates applicable to State | 4 |
| policemen, plus (ii) interest thereon at
the effective rate for | 5 |
| each year, compounded annually, from the date of
service to the | 6 |
| date of payment.
| 7 |
| Subject to the limitation in subsection (i), a State | 8 |
| policeman may elect,
not later than July 1, 1993, to establish | 9 |
| eligible creditable service for
up to 10 years of his service | 10 |
| as a member of the County Police Department
under Article 9, by | 11 |
| filing a written election with the Board, accompanied
by | 12 |
| payment of an amount to be determined by the Board, equal to | 13 |
| (i) the
difference between the amount of employee and employer | 14 |
| contributions
transferred to the System under Section 9-121.10 | 15 |
| and the amounts that would
have been contributed had those | 16 |
| contributions been made at the rates
applicable to State | 17 |
| policemen, plus (ii) interest thereon at the effective
rate for | 18 |
| each year, compounded annually, from the date of service to the
| 19 |
| date of payment.
| 20 |
| (h) Subject to the limitation in subsection (i), a State | 21 |
| policeman or
investigator for the Secretary of State may elect | 22 |
| to establish eligible
creditable service for up to 12 years of | 23 |
| his service as a policeman under
Article 5, by filing a written | 24 |
| election with the Board on or before January
31, 1992, and | 25 |
| paying to the System by January 31, 1994 an amount to be
| 26 |
| determined by the Board, equal to (i) the difference between | 27 |
| the amount of
employee and employer contributions transferred | 28 |
| to the System under Section
5-236, and the amounts that would | 29 |
| have been contributed had such
contributions been made at the | 30 |
| rates applicable to State policemen, plus
(ii) interest thereon | 31 |
| at the effective rate for each year, compounded
annually, from | 32 |
| the date of service to the date of payment.
| 33 |
| Subject to the limitation in subsection (i), a State | 34 |
| policeman,
conservation police officer, or investigator for |
|
|
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| 1 |
| the Secretary of State may
elect to establish eligible | 2 |
| creditable service for up to 10 years of
service as a sheriff's | 3 |
| law enforcement employee under Article 7, by filing
a written | 4 |
| election with the Board on or before January 31, 1993, and | 5 |
| paying
to the System by January 31, 1994 an amount to be | 6 |
| determined by the Board,
equal to (i) the difference between | 7 |
| the amount of employee and
employer contributions transferred | 8 |
| to the System under Section
7-139.7, and the amounts that would | 9 |
| have been contributed had such
contributions been made at the | 10 |
| rates applicable to State policemen, plus
(ii) interest thereon | 11 |
| at the effective rate for each year, compounded
annually, from | 12 |
| the date of service to the date of payment.
| 13 |
| (i) The total amount of eligible creditable service | 14 |
| established by any
person under subsections (g), (h), (j), (k), | 15 |
| and (l) of this
Section shall not exceed 12 years.
| 16 |
| (j) Subject to the limitation in subsection (i), an | 17 |
| investigator for
the Office of the State's Attorneys Appellate | 18 |
| Prosecutor or a controlled
substance inspector may elect to
| 19 |
| establish eligible creditable service for up to 10 years of his | 20 |
| service as
a policeman under Article 3 or a sheriff's law | 21 |
| enforcement employee under
Article 7, by filing a written | 22 |
| election with the Board, accompanied by
payment of an amount to | 23 |
| be determined by the Board, equal to (1) the
difference between | 24 |
| the amount of employee and employer contributions
transferred | 25 |
| to the System under Section 3-110.6 or 7-139.8, and the amounts
| 26 |
| that would have been contributed had such contributions been | 27 |
| made at the
rates applicable to State policemen, plus (2) | 28 |
| interest thereon at the
effective rate for each year, | 29 |
| compounded annually, from the date of service
to the date of | 30 |
| payment.
| 31 |
| (k) Subject to the limitation in subsection (i) of this | 32 |
| Section, an
alternative formula employee may elect to establish | 33 |
| eligible creditable
service for periods spent as a full-time | 34 |
| law enforcement officer or full-time
corrections officer |
|
|
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| 1 |
| employed by the federal government or by a state or local
| 2 |
| government located outside of Illinois, for which credit is not | 3 |
| held in any
other public employee pension fund or retirement | 4 |
| system. To obtain this
credit, the applicant must file a | 5 |
| written application with the Board by March
31, 1998, | 6 |
| accompanied by evidence of eligibility acceptable to the Board | 7 |
| and
payment of an amount to be determined by the Board, equal | 8 |
| to (1) employee
contributions for the credit being established, | 9 |
| based upon the applicant's
salary on the first day as an | 10 |
| alternative formula employee after the employment
for which | 11 |
| credit is being established and the rates then applicable to
| 12 |
| alternative formula employees, plus (2) an amount determined by | 13 |
| the Board
to be the employer's normal cost of the benefits | 14 |
| accrued for the credit being
established, plus (3) regular | 15 |
| interest on the amounts in items (1) and (2) from
the first day | 16 |
| as an alternative formula employee after the employment for | 17 |
| which
credit is being established to the date of payment.
| 18 |
| (l) Subject to the limitation in subsection (i), a security | 19 |
| employee of
the Department of Corrections may elect, not later | 20 |
| than July 1, 1998, to
establish eligible creditable service for | 21 |
| up to 10 years of his or her service
as a policeman under | 22 |
| Article 3, by filing a written election with the Board,
| 23 |
| accompanied by payment of an amount to be determined by the | 24 |
| Board, equal to
(i) the difference between the amount of | 25 |
| employee and employer contributions
transferred to the System | 26 |
| under Section 3-110.5, and the amounts that would
have been | 27 |
| contributed had such contributions been made at the rates | 28 |
| applicable
to security employees of the Department of | 29 |
| Corrections, plus (ii) interest
thereon at the effective rate | 30 |
| for each year, compounded annually, from the date
of service to | 31 |
| the date of payment.
| 32 |
| (Source: P.A. 91-357, eff. 7-29-99; 91-760, eff. 1-1-01; 92-14, | 33 |
| eff.
6-28-01; 92-257, eff. 8-6-01; 92-651, eff. 7-11-02.)
|
|
|
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| 1 |
| (40 ILCS 5/18-127) (from Ch. 108 1/2, par. 18-127)
| 2 |
| Sec. 18-127. Retirement annuity - suspension on | 3 |
| reemployment.
| 4 |
| (a) A participant receiving a retirement annuity who is | 5 |
| regularly
employed for compensation by an employer other than a | 6 |
| county, in any
capacity, shall have his or her retirement | 7 |
| annuity payments suspended
during such employment. Upon | 8 |
| termination of such employment, retirement
annuity payments at | 9 |
| the previous rate shall be resumed.
| 10 |
| If such a participant resumes service as a judge, he or she
| 11 |
| shall receive credit for any additional service. Upon | 12 |
| subsequent
retirement, his or her retirement annuity shall be | 13 |
| the amount previously
granted, plus the amount earned by the | 14 |
| additional judicial service under
the provisions in effect | 15 |
| during the period of such additional service.
However, if the | 16 |
| participant was receiving the maximum rate of annuity at
the | 17 |
| time of re-employment, he or she may elect, in a written | 18 |
| direction
filed with the board, not to receive any additional | 19 |
| service credit during
the period of re-employment. In such | 20 |
| case, contributions shall not be
required during the period of | 21 |
| re-employment. Any such election shall be
irrevocable.
| 22 |
| (b) Beginning January 1, 1991, any participant receiving a | 23 |
| retirement
annuity who accepts temporary employment from an | 24 |
| employer other than a
county for a period not exceeding 75 | 25 |
| working days in any calendar year
shall not be deemed to be | 26 |
| regularly employed for compensation or to have
resumed service | 27 |
| as a judge for the purposes of this Article. A day shall
be | 28 |
| considered a working day if the annuitant performs on it any of | 29 |
| his
duties under the temporary employment agreement.
| 30 |
| (c) Except as provided in subsection (a), beginning January | 31 |
| 1, 1993,
retirement annuities shall not be subject to | 32 |
| suspension upon resumption of
employment for an employer, and | 33 |
| any retirement annuity that is then so
suspended shall be | 34 |
| reinstated on that date.
|
|
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LRB094 02932 AMC 46773 a |
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| 1 |
| (d) The changes made in this Section by this amendatory Act | 2 |
| of 1993
shall apply to judges no longer in service on its | 3 |
| effective date, as well as to
judges serving on or after that | 4 |
| date.
| 5 |
| (e) A participant receiving a retirement
annuity under this | 6 |
| Article who (i) serves as a part-time employee in any of the | 7 |
| following positions: Legislative Inspector General, Special | 8 |
| Legislative Inspector General, employee of the Office of the | 9 |
| Legislative Inspector General, Executive Director of the | 10 |
| Legislative Ethics Commission, or staff of the Legislative | 11 |
| Ethics Commission or (ii), on or after March 1, 2005, serves on | 12 |
| the Illinois Gaming Board , but has not elected to participate | 13 |
| in the Article 14 System with respect to that service, shall | 14 |
| not be deemed to be regularly employed for compensation by an | 15 |
| employer other than a county, nor to have
resumed service as a | 16 |
| judge, on the basis of that service, and the retirement annuity | 17 |
| payments and other benefits of that person under this Code | 18 |
| shall not be suspended, diminished, or otherwise impaired | 19 |
| solely as a consequence of that service. This subsection (e) | 20 |
| applies without regard to whether the person is in service as a | 21 |
| judge under this Article on or after the effective date of this | 22 |
| amendatory Act of the 93rd General Assembly. In this | 23 |
| subsection, a "part-time employee" is a person who is not | 24 |
| required to work at least 35 hours per week.
The changes made | 25 |
| to this subsection (e) by this amendatory Act of the 94th | 26 |
| General Assembly apply without regard to whether the person is | 27 |
| in service as a judge under this Article on or after the | 28 |
| effective date of this amendatory Act of the 94th General | 29 |
| Assembly.
| 30 |
| (f) A participant receiving a retirement annuity under this | 31 |
| Article who has made an election under Section 1-123 and who is | 32 |
| serving either as legal counsel in the Office of the Governor | 33 |
| or as Chief Deputy Attorney General shall not be deemed to be | 34 |
| regularly employed for compensation by an employer other than a |
|
|
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| 1 |
| county, nor to have resumed service as a judge, on the basis of | 2 |
| that service, and the retirement annuity payments and other | 3 |
| benefits of that person under this Code shall not be suspended, | 4 |
| diminished, or otherwise impaired solely as a consequence of | 5 |
| that service. This subsection (f) applies without regard to | 6 |
| whether the person is in service as a judge under this Article | 7 |
| on or after the effective date of this amendatory Act of the | 8 |
| 93rd General Assembly.
| 9 |
| (Source: P.A. 93-685, eff. 7-8-04; 93-1069, eff. 1-15-05.)
| 10 |
| Section 20. The Riverboat Gambling Act is amended by | 11 |
| changing Sections 2, 4, 5, 6, 7, 7.1, 7.3, 7.5, and 13 and by | 12 |
| adding Section 5.2 as follows:
| 13 |
| (230 ILCS 10/2) (from Ch. 120, par. 2402)
| 14 |
| Sec. 2. Legislative Intent.
| 15 |
| (a) This Act is intended to benefit the
people of the State | 16 |
| of Illinois
by assisting economic development and promoting | 17 |
| Illinois tourism
and by increasing the amount of revenues | 18 |
| available to the State to assist and
support education.
| 19 |
| (b) While authorization of riverboat gambling will enhance | 20 |
| investment,
development and tourism in Illinois, it is | 21 |
| recognized that it will do so
successfully only if public | 22 |
| confidence and trust in the credibility and
integrity of the | 23 |
| gambling operations and the regulatory process is
maintained. | 24 |
| Therefore, regulatory provisions of this Act are designed to
| 25 |
| strictly regulate the facilities, persons, associations and | 26 |
| practices
related to gambling operations of a licensee pursuant | 27 |
| to the police powers of the State,
including comprehensive law | 28 |
| enforcement supervision.
| 29 |
| (c) The Illinois Gaming Board established under this Act | 30 |
| should, as soon
as possible, inform each applicant for an | 31 |
| owners license of the Board's
intent to grant or deny a | 32 |
| license. Except as provided in subsection (e) of Section 7, in |
|
|
|
09400HB1921ham002 |
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| 1 |
| no event shall the Board inform the applicant of the Board's | 2 |
| intent to grant or deny a license later than 6 months after the | 3 |
| applicant initially files an application for a license.
| 4 |
| (Source: P.A. 93-28, eff. 6-20-03.)
| 5 |
| (230 ILCS 10/4) (from Ch. 120, par. 2404)
| 6 |
| Sec. 4. Definitions. As used in this Act:
| 7 |
| (a) "Board" means the Illinois Gaming Board.
| 8 |
| (b) "Occupational license" means a license issued by the | 9 |
| Board to a
person or entity to perform an occupation which the | 10 |
| Board has identified as
requiring a license to engage in | 11 |
| riverboat gambling in Illinois.
| 12 |
| (c) "Gambling game" includes, but is not limited to, | 13 |
| baccarat,
twenty-one, poker, craps, slot machine, video game of | 14 |
| chance, roulette
wheel, klondike table, punchboard, faro | 15 |
| layout, keno layout, numbers
ticket, push card, jar ticket, or | 16 |
| pull tab which is authorized by the Board
as a wagering device | 17 |
| under this Act.
| 18 |
| (d) "Riverboat" means a self-propelled excursion boat, a
| 19 |
| permanently moored barge, or permanently moored barges that are | 20 |
| permanently
fixed together to operate as one vessel, on which | 21 |
| lawful gambling is
authorized and licensed as
provided in this | 22 |
| Act.
| 23 |
| (e) "Managers license" means a license issued by the Board | 24 |
| to a person or
entity
to manage gambling operations conducted | 25 |
| by the State pursuant to Section 7.3
7.2 .
| 26 |
| (f) "Dock" means the location where a riverboat moors for | 27 |
| the purpose of
embarking passengers for and disembarking | 28 |
| passengers from the riverboat.
| 29 |
| (g) "Gross receipts" means the total amount of money | 30 |
| exchanged for the
purchase of chips, tokens or electronic cards | 31 |
| by riverboat patrons.
| 32 |
| (h) "Adjusted gross receipts" means the gross receipts less
| 33 |
| winnings paid to wagerers.
|
|
|
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09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
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| 1 |
| (i) "Cheat" means to alter the selection of criteria which | 2 |
| determine the
result of a gambling game or the amount or | 3 |
| frequency of payment in a gambling
game.
| 4 |
| (j) (Blank).
"Department" means the Department of Revenue.
| 5 |
| (k) "Gambling operation" means the conduct of authorized | 6 |
| gambling games
upon a riverboat.
| 7 |
| (l) "License bid" means the lump sum amount of money that | 8 |
| an applicant
bids and agrees to pay the State in return for an | 9 |
| owners license that is
re-issued on or after July 1, 2003.
| 10 |
| (m) The terms "minority person" and "female" shall have the | 11 |
| same meaning
as
defined in
Section 2 of the Business Enterprise | 12 |
| for Minorities, Females, and Persons with
Disabilities Act.
| 13 |
| (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; | 14 |
| revisory 1-28-04.)
| 15 |
| (230 ILCS 10/5) (from Ch. 120, par. 2405)
| 16 |
| Sec. 5. Gaming Board.
| 17 |
| (a) (1) There is hereby established the
within the | 18 |
| Department of Revenue an
Illinois Gaming Board , which shall | 19 |
| have the powers and duties specified in
this Act, and all other | 20 |
| powers necessary and proper to fully and
effectively execute | 21 |
| this Act for the purpose of administering, regulating,
and | 22 |
| enforcing the system of riverboat gambling established by this | 23 |
| Act. Its
jurisdiction shall extend under this Act to every | 24 |
| person, association,
corporation, partnership and trust | 25 |
| involved in riverboat gambling
operations in the State of | 26 |
| Illinois.
| 27 |
| (2) The Board shall consist of 5 members to be appointed by | 28 |
| the Governor
with the advice and consent of the Senate, one of | 29 |
| whom shall be designated
by the Governor to be chairman. Each | 30 |
| member shall have a reasonable
knowledge of the practice, | 31 |
| procedure and principles of gambling operations.
Each member | 32 |
| shall either be a resident of Illinois or shall certify that he
| 33 |
| will become a resident of Illinois before taking office. At |
|
|
|
09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
|
| 1 |
| least one member
shall be experienced in law enforcement and | 2 |
| criminal investigation, at
least one member shall be a | 3 |
| certified public accountant experienced in
accounting and | 4 |
| auditing, and at least one member shall be a lawyer licensed
to | 5 |
| practice law in Illinois.
| 6 |
| (3) The terms of office of the Board members shall be 3 | 7 |
| years, except
that the terms of office of the initial Board | 8 |
| members appointed pursuant to
this Act will commence from the | 9 |
| effective date of this Act and run as
follows: one for a term | 10 |
| ending July 1, 1991, 2 for a term ending July 1,
1992, and 2 for | 11 |
| a term ending July 1, 1993. Upon the expiration of the
| 12 |
| foregoing terms, the successors of such members shall serve a | 13 |
| term for 3
years and until their successors are appointed and | 14 |
| qualified for like terms.
Vacancies in the Board shall be | 15 |
| filled for the unexpired term in like
manner as original | 16 |
| appointments. Each member of the Board shall be
eligible for | 17 |
| reappointment at the discretion of the Governor with the
advice | 18 |
| and consent of the Senate.
| 19 |
| (4) The chairman of the Board shall receive an annual | 20 |
| salary of $50,000, or as set by the Compensation Review Board, | 21 |
| whichever is higher. Other members of the Board shall receive | 22 |
| an annual salary of $35,000, or as set by the Compensation | 23 |
| Review Board, whichever is higher.
Each member of the Board | 24 |
| shall receive $300 for each day the
Board meets and for each | 25 |
| day the member conducts any hearing pursuant to
this Act. Each | 26 |
| member of the Board shall also be reimbursed for all actual
and | 27 |
| necessary expenses and disbursements incurred in the execution | 28 |
| of official
duties.
| 29 |
| (5) No person shall be appointed a member of the Board or | 30 |
| continue to be
a member of the Board who is, or whose spouse, | 31 |
| child or parent is, a member
of the board of directors of, or a | 32 |
| person financially interested in, any
gambling operation | 33 |
| subject to the jurisdiction of this Board, or any race
track, | 34 |
| race meeting, racing association or the operations thereof |
|
|
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09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
|
| 1 |
| subject
to the jurisdiction of the Illinois Racing Board. 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 . No person shall be a
member of the Board | 5 |
| who is not of good moral character or who has been
convicted | 6 |
| of, or is under indictment for, a felony under the laws of
| 7 |
| Illinois or any other state, or the United States.
| 8 |
| (5.5) No member of the Board shall engage in any political | 9 |
| activity. For the purposes of this Section, "political" means | 10 |
| any activity in support
of or in connection with any campaign | 11 |
| for elective office or any political
organization, but does not | 12 |
| include activities (i) relating to the support or
opposition of | 13 |
| any executive, legislative, or administrative action (as those
| 14 |
| terms are defined in Section 2 of the Lobbyist Registration | 15 |
| Act), (ii) relating
to collective bargaining, or (iii) that are
| 16 |
| otherwise
in furtherance of the person's official
State duties | 17 |
| or governmental and public service functions.
| 18 |
| (6) Any member of the Board may be removed by the Governor | 19 |
| for neglect
of duty, misfeasance, malfeasance, or nonfeasance | 20 |
| in office or for engaging in any political activity .
| 21 |
| (7) Before entering upon the discharge of the duties of his | 22 |
| office, each
member of the Board shall take an oath that he | 23 |
| will faithfully execute the
duties of his office according to | 24 |
| the laws of the State and the rules and
regulations adopted | 25 |
| therewith and shall give bond to the State of Illinois,
| 26 |
| approved by the Governor, in the sum of $25,000. Every such | 27 |
| bond, when
duly executed and approved, shall be recorded in the | 28 |
| office of the
Secretary of State. Whenever the Governor | 29 |
| determines that the bond of any
member of the Board has become | 30 |
| or is likely to become invalid or
insufficient, he shall | 31 |
| require such member forthwith to renew his bond,
which is to be | 32 |
| approved by the Governor. Any member of the Board who fails
to | 33 |
| take oath and give bond within 30 days from the date of his | 34 |
| appointment,
or who fails to renew his bond within 30 days |
|
|
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09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
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| 1 |
| after it is demanded by the
Governor, shall be guilty of | 2 |
| neglect of duty and may be removed by the
Governor. The cost of | 3 |
| any bond given by any member of the Board under this
Section | 4 |
| shall be taken to be a part of the necessary expenses of the | 5 |
| Board.
| 6 |
| (8) The
Upon the request of the Board , the Department shall | 7 |
| employ such
personnel as may be necessary to carry out its
the
| 8 |
| functions of the Board . No
person shall be employed to serve | 9 |
| the Board who is, or whose spouse, parent
or child is, an | 10 |
| official of, or has a financial interest in or financial
| 11 |
| relation with, any operator engaged in gambling operations | 12 |
| within this
State or any organization engaged in conducting | 13 |
| horse racing within this
State. Any employee violating these | 14 |
| prohibitions shall be subject to
termination of employment.
| 15 |
| (9) An Administrator shall perform any and all duties that | 16 |
| the Board
shall assign him. The salary of the Administrator | 17 |
| shall be determined by
the Board and approved by the Director | 18 |
| of the Department and, in addition,
he shall be reimbursed for | 19 |
| all actual and necessary expenses incurred by
him in discharge | 20 |
| of his official duties. The Administrator shall keep
records of | 21 |
| all proceedings of the Board and shall preserve all records,
| 22 |
| books, documents and other papers belonging to the Board or | 23 |
| entrusted to
its care. The Administrator shall devote his full | 24 |
| time to the duties of
the office and shall not hold any other | 25 |
| office or employment.
| 26 |
| (b) The Board shall have sole and exclusive
general
| 27 |
| responsibility for the implementation
of this Act. Its duties | 28 |
| include, without limitation, the following:
| 29 |
| (1) To decide promptly and in reasonable order all | 30 |
| license applications.
Any party aggrieved by an action of | 31 |
| the Board denying, suspending,
revoking, restricting or | 32 |
| refusing to renew a license may request a hearing
before | 33 |
| the Board. A request for a hearing must be made to the | 34 |
| Board in
writing within 5 days after service of notice of |
|
|
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09400HB1921ham002 |
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| 1 |
| the action of the Board.
Notice of the action of the Board | 2 |
| shall be served either by personal
delivery or by certified | 3 |
| mail, postage prepaid, to the aggrieved party.
Notice | 4 |
| served by certified mail shall be deemed complete on the | 5 |
| business
day following the date of such mailing. The Board | 6 |
| shall conduct all
requested hearings promptly and in | 7 |
| reasonable order;
| 8 |
| (2) To conduct all hearings pertaining to civil | 9 |
| violations of this Act
or rules and regulations promulgated | 10 |
| hereunder;
| 11 |
| (3) To promulgate such rules and regulations as in its | 12 |
| judgment may be
necessary to protect or enhance the | 13 |
| credibility and integrity of gambling
operations | 14 |
| authorized by this Act and the regulatory process | 15 |
| hereunder;
| 16 |
| (4) To provide for the establishment and collection of | 17 |
| all license and
registration fees and taxes imposed by this | 18 |
| Act and the rules and
regulations issued pursuant hereto. | 19 |
| All such fees and taxes shall be
deposited into the State | 20 |
| Gaming Fund;
| 21 |
| (5) To provide for the levy and collection of penalties | 22 |
| and fines for the
violation of provisions of this Act and | 23 |
| the rules and regulations
promulgated hereunder. All such | 24 |
| fines and penalties shall be deposited
into the Education | 25 |
| Assistance Fund, created by Public Act 86-0018, of the
| 26 |
| State of Illinois;
| 27 |
| (6) To be present through its inspectors and agents any | 28 |
| time gambling
operations are conducted on any riverboat for | 29 |
| the purpose of certifying the
revenue thereof, receiving | 30 |
| complaints from the public, and conducting such
other | 31 |
| investigations into the conduct of the gambling games and | 32 |
| the
maintenance of the equipment as from time to time the | 33 |
| Board may deem
necessary and proper;
| 34 |
| (7) To review and rule upon any complaint by a licensee
|
|
|
|
09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
|
| 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 | 27 |
| shall have all powers and rights granted to the
Board in | 28 |
| this Act. The record made at the time of the hearing shall | 29 |
| be
reviewed by the Board, or a majority thereof, and the | 30 |
| findings and decision
of the majority of the Board shall | 31 |
| constitute the order of the Board in
such case;
| 32 |
| (9) To maintain records which are separate and distinct | 33 |
| from the records
of any other State board or commission. | 34 |
| Such records shall be available
for public inspection and |
|
|
|
09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
|
| 1 |
| shall accurately reflect all Board proceedings;
| 2 |
| (10) To file a written annual report with the Governor | 3 |
| on or before
March 1 each year and such additional reports | 4 |
| as the Governor may request.
The annual report shall | 5 |
| include a statement of receipts and disbursements
by the | 6 |
| Board, actions taken by the Board, and any additional | 7 |
| information
and recommendations which the Board may deem | 8 |
| valuable or which the Governor
may request;
| 9 |
| (11) (Blank); and
| 10 |
| (12) (Blank).
To assume responsibility for the | 11 |
| administration and
enforcement of the Bingo License and Tax | 12 |
| Act, the Charitable Games Act, and
the Pull Tabs and Jar | 13 |
| Games Act if such responsibility is delegated to it
by the | 14 |
| Director of Revenue.
| 15 |
| (c) The Board shall have the sole and exclusive
| 16 |
| jurisdiction over and shall solely and exclusively supervise | 17 |
| all
gambling operations governed by this Act. The Board shall | 18 |
| have all powers
necessary and proper to fully and effectively | 19 |
| execute the provisions of
this Act, including, but not limited | 20 |
| to, the following:
| 21 |
| (1) To investigate applicants and determine the | 22 |
| eligibility of
applicants for licenses and to select among | 23 |
| competing applicants the
applicants which best serve the | 24 |
| interests of the citizens of Illinois.
| 25 |
| (2) To have jurisdiction and supervision over all | 26 |
| riverboat gambling
operations in this State and all persons | 27 |
| on riverboats where gambling
operations are conducted.
| 28 |
| (3) To promulgate rules and regulations for the purpose | 29 |
| of administering
the provisions of this Act and to | 30 |
| prescribe rules, regulations and
conditions under which | 31 |
| all riverboat gambling in the State shall be
conducted. | 32 |
| Such rules and regulations are to provide for the | 33 |
| prevention of
practices detrimental to the public interest | 34 |
| and for the best interests of
riverboat gambling, including |
|
|
|
09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
|
| 1 |
| rules and regulations regarding the
inspection of such | 2 |
| riverboats and the review of any permits or licenses
| 3 |
| necessary to operate a riverboat under any laws or | 4 |
| regulations applicable
to riverboats, and to impose | 5 |
| penalties for violations thereof.
| 6 |
| (4) To enter the office, riverboats, facilities, or | 7 |
| other
places of business of a licensee, where evidence of | 8 |
| the compliance or
noncompliance with the provisions of this | 9 |
| Act is likely to be found.
| 10 |
| (5) To investigate alleged violations of this Act or | 11 |
| the
rules of the Board and to take appropriate disciplinary
| 12 |
| action against a licensee or a holder of an occupational | 13 |
| license for a
violation, or institute appropriate legal | 14 |
| action for enforcement, or both.
| 15 |
| (6) To adopt standards for the licensing of all persons | 16 |
| under this Act,
as well as for electronic or mechanical | 17 |
| gambling games, and to establish
fees for such licenses.
| 18 |
| (7) To adopt appropriate standards for all riverboats
| 19 |
| and facilities.
| 20 |
| (8) To require that the records, including financial or | 21 |
| other statements
of any licensee under this Act, shall be | 22 |
| kept in such manner as prescribed
by the Board and that any | 23 |
| such licensee involved in the ownership or
management of | 24 |
| gambling operations submit to the Board an annual balance
| 25 |
| sheet and profit and loss statement, list of the | 26 |
| stockholders or other
persons having
a 1% or greater
| 27 |
| beneficial interest in the gambling
activities of each | 28 |
| licensee, and any other information the Board deems
| 29 |
| necessary in order to effectively administer this Act and | 30 |
| all rules,
regulations, orders and final decisions | 31 |
| promulgated under this Act. If a licensee files or is | 32 |
| forced into a proceeding in bankruptcy, then the Board | 33 |
| shall in no way interfere with the jurisdiction of the | 34 |
| bankruptcy court to effectuate a plan or reorganization |
|
|
|
09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
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| 1 |
| designed to maintain the financial integrity of the | 2 |
| license. If the bankruptcy proceeding involves a change of | 3 |
| ownership in the license, then the Board's sole authority | 4 |
| is to determine the suitability of the new ownership in the | 5 |
| licensee to conduct gaming operations in the State. Upon | 6 |
| the completion of the bankruptcy proceeding, the Board may | 7 |
| initiate or complete disciplinary proceedings against the | 8 |
| old licensee for conduct causing or precipitating the | 9 |
| bankruptcy proceeding or for any other reason under this | 10 |
| 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 or the Board | 18 |
| 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, as only the Board | 24 |
| may see fit and in
compliance with applicable laws of the | 25 |
| State regarding administrative
procedures, and to review | 26 |
| applications for the renewal of licenses. The
Board may | 27 |
| suspend an owners license, without notice or hearing upon a
| 28 |
| determination that the safety or health of patrons or | 29 |
| employees is
jeopardized by continuing a riverboat's | 30 |
| operation. The suspension may
remain in effect until the | 31 |
| Board determines that the cause for suspension
has been | 32 |
| abated. The Board may revoke the owners license upon a
| 33 |
| determination that the owner has not made satisfactory | 34 |
| progress toward
abating the hazard.
|
|
|
|
09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
|
| 1 |
| (12) To eject or exclude or authorize the ejection or | 2 |
| exclusion of, any
person from riverboat gambling | 3 |
| facilities where such person is in violation
of this Act, | 4 |
| rules and regulations thereunder, or final orders of the
| 5 |
| Board, or where such person's conduct or reputation is such | 6 |
| that his
presence within the riverboat gambling facilities | 7 |
| may, in the opinion of
the Board, call into question the | 8 |
| honesty and integrity of the gambling
operations or | 9 |
| interfere with orderly conduct thereof; provided that the
| 10 |
| propriety of such ejection or exclusion is subject to | 11 |
| subsequent hearing
by the Board.
| 12 |
| (13) To require all licensees of gambling operations to | 13 |
| utilize a
cashless wagering system whereby all players' | 14 |
| money is converted to tokens,
electronic cards, or chips | 15 |
| which shall be used only for wagering in the
gambling | 16 |
| establishment.
| 17 |
| (14) (Blank).
| 18 |
| (15) To suspend, revoke or restrict licenses, to | 19 |
| require the
removal of a licensee or an employee of a | 20 |
| licensee for a violation of this
Act or a Board rule or for | 21 |
| engaging in a fraudulent practice, and to
impose civil | 22 |
| penalties of up to $5,000 against individuals and up to
| 23 |
| $10,000 or an amount equal to the daily gross receipts, | 24 |
| whichever is
larger, against licensees for each violation | 25 |
| of any provision of the Act,
any rules adopted by the | 26 |
| Board, any order of the Board or any other action
which, in | 27 |
| the Board's discretion, is a detriment or impediment to | 28 |
| riverboat
gambling operations.
| 29 |
| (16) To hire employees to gather information, conduct | 30 |
| investigations
and carry out any other tasks contemplated | 31 |
| under this Act.
| 32 |
| (17) To establish minimum levels of insurance to be | 33 |
| maintained by
licensees.
| 34 |
| (18) To authorize a licensee to sell or serve alcoholic |
|
|
|
09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
|
| 1 |
| liquors, wine or
beer as defined in the Liquor Control Act | 2 |
| of 1934 on board a riverboat
and to have exclusive | 3 |
| authority to establish the hours for sale and
consumption | 4 |
| of alcoholic liquor on board a riverboat, notwithstanding | 5 |
| any
provision of the Liquor Control Act of 1934 or any | 6 |
| local ordinance, and
regardless of whether the riverboat | 7 |
| makes excursions. The
establishment of the hours for sale | 8 |
| and consumption of alcoholic liquor on
board a riverboat is | 9 |
| an exclusive power and function of the State. A home
rule | 10 |
| unit may not establish the hours for sale and consumption | 11 |
| of alcoholic
liquor on board a riverboat. This amendatory | 12 |
| Act of 1991 is a denial and
limitation of home rule powers | 13 |
| and functions under subsection (h) of
Section 6 of Article | 14 |
| VII of the Illinois Constitution.
| 15 |
| (19) After consultation with the U.S. Army Corps of | 16 |
| Engineers, to
establish binding emergency orders upon the | 17 |
| concurrence of a majority of
the members of the Board | 18 |
| regarding the navigability of water, relative to
| 19 |
| excursions,
in the event
of extreme weather conditions, | 20 |
| acts of God or other extreme circumstances.
| 21 |
| (20) To delegate the execution of any of its powers | 22 |
| under this Act for
the purpose of administering and | 23 |
| enforcing this Act and its rules and
regulations hereunder.
| 24 |
| (20.5) To approve any contract entered into on its | 25 |
| behalf.
| 26 |
| (20.6) To appoint investigators to conduct all | 27 |
| investigations, searches, seizures, arrests, and other | 28 |
| duties imposed under this Act. These investigators have and | 29 |
| may exercise all the rights and powers of peace officers, | 30 |
| provided that these powers shall be limited to offenses or | 31 |
| violations occurring or committed on a riverboat or dock, | 32 |
| as defined in subsections (d) and (f) of Section 4. The | 33 |
| Board must issue to each investigator a distinct badge | 34 |
| that, on its face, (i) clearly states that the badge is
|
|
|
|
09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
|
| 1 |
| authorized
by the
Board and (ii)
contains a unique | 2 |
| identifying number.
No other badge shall be authorized by
| 3 |
| the Board.
| 4 |
| (21) To take any other action as may be reasonable or | 5 |
| appropriate to
enforce this Act and rules and regulations | 6 |
| hereunder , except that the Board's regulatory jurisdiction | 7 |
| under this Act shall be limited strictly to the gambling | 8 |
| operations and facilities of a licensee .
| 9 |
| (d) The Board may seek and shall receive the cooperation of | 10 |
| the
Department of State Police in conducting background | 11 |
| investigations of
applicants and in fulfilling its | 12 |
| responsibilities under
this Section. Costs incurred by the | 13 |
| Department of State Police as
a result of such cooperation | 14 |
| shall be paid by the Board in conformance
with the requirements | 15 |
| of Section 2605-400 of the Department of State Police Law
(20 | 16 |
| ILCS 2605/2605-400).
| 17 |
| (e) The Board must authorize to each investigator and to | 18 |
| any other
employee of the Board exercising the powers of a | 19 |
| peace officer a distinct badge
that, on its face, (i) clearly | 20 |
| states that the badge is authorized by the Board
and
(ii) | 21 |
| contains a unique identifying number. No other badge shall be | 22 |
| authorized
by the Board.
| 23 |
| (Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 91-883, | 24 |
| eff.
1-1-01.)
| 25 |
| (230 ILCS 10/5.2 new)
| 26 |
| Sec. 5.2. Separation from Department of Revenue. On the | 27 |
| effective date of this amendatory Act of the 94th General | 28 |
| Assembly, all of the powers, duties, assets, liabilities, | 29 |
| employees, contracts, property, records, pending business, and | 30 |
| unexpended appropriations of the Department of Revenue related | 31 |
| to the administration and enforcement of this Act are | 32 |
| transferred to the Illinois Gaming Board. | 33 |
| The status and rights of the transferred employees, and the |
|
|
|
09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
|
| 1 |
| rights of the State of Illinois and its agencies, under the | 2 |
| Personnel Code and applicable collective bargaining agreements | 3 |
| or under any pension, retirement, or annuity plan are not | 4 |
| affected (except as provided in Sections 14-110 and 18-127 of | 5 |
| the Illinois Pension Code) by that transfer or by any other | 6 |
| provision of this amendatory Act of the 94th General Assembly.
| 7 |
| (230 ILCS 10/6) (from Ch. 120, par. 2406)
| 8 |
| Sec. 6. Application for Owners License.
| 9 |
| (a) A qualified person may
apply to the Board for an owners | 10 |
| license to
conduct a riverboat gambling operation as provided | 11 |
| in this Act. The
application shall be made on forms provided by | 12 |
| the Board and shall contain
such information as the Board | 13 |
| prescribes, including but not limited to the
identity of the | 14 |
| riverboat on which such gambling operation is to be
conducted | 15 |
| and the exact location where such riverboat will be docked, a
| 16 |
| certification that the riverboat will be registered under this | 17 |
| Act at all
times during which gambling operations are conducted | 18 |
| on board, detailed
information regarding the ownership and | 19 |
| management of the applicant, and
detailed personal information | 20 |
| regarding the applicant. Any application for an
owners license | 21 |
| to be re-issued on or after June 1, 2003 shall also
include the | 22 |
| applicant's license bid in a form prescribed by the Board.
| 23 |
| Information
provided on the application shall be used as a | 24 |
| basis for a thorough
background investigation which the Board | 25 |
| shall conduct with respect to each
applicant. An incomplete | 26 |
| application shall be cause for denial of a license
by the | 27 |
| Board.
| 28 |
| (b) Applicants shall submit with their application all | 29 |
| documents,
resolutions, and letters of support from the | 30 |
| governing body that represents
the municipality or county | 31 |
| wherein the licensee will dock.
| 32 |
| (c) Each applicant shall disclose the identity of every | 33 |
| person,
association, trust or corporation having a greater than |
|
|
|
09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
|
| 1 |
| 1% direct or
indirect pecuniary interest in the riverboat | 2 |
| gambling operation with
respect to which the license is sought. | 3 |
| If the disclosed entity is a
trust, the application shall | 4 |
| disclose the names and addresses of the
beneficiaries; if a | 5 |
| corporation, the names and
addresses of all stockholders and | 6 |
| directors; if a partnership, the names
and addresses of all | 7 |
| partners, both general and limited.
| 8 |
| (d) An application shall be filed with the Board by January | 9 |
| 1 of the
year preceding any calendar year for which an | 10 |
| applicant seeks an owners
license; however, applications for an | 11 |
| owners license permitting
operations on January 1, 1991 shall | 12 |
| be filed by July 1, 1990. An
application fee of $50,000 shall | 13 |
| be paid at the time of filing
to defray the costs associated | 14 |
| with the
background investigation conducted by the Board. If | 15 |
| the costs of the
investigation exceed $50,000, the applicant | 16 |
| shall pay the additional amount
to the Board. If the costs of | 17 |
| the investigation are less than $50,000, the
applicant shall | 18 |
| receive a refund of the remaining amount. All
information, | 19 |
| records, interviews, reports, statements, memoranda or other
| 20 |
| data supplied to or used by the Board in the course of its | 21 |
| review or
investigation of an application for a license under | 22 |
| this Act shall be
disclosed to the applicant 30 days before the | 23 |
| Board makes a final decision on the application. Before | 24 |
| rendering a final decision on an application, the Board shall | 25 |
| grant the applicant the opportunity to challenge and correct | 26 |
| any misstatements, inaccuracies, or falsehoods contained in | 27 |
| the information, records, interviews, reports, statements, | 28 |
| memoranda, or other data supplied to or used by the Board in | 29 |
| the course of its review or investigation of an application for | 30 |
| a license under this Act
privileged, strictly confidential and | 31 |
| shall be used only for the purpose of
evaluating an applicant . | 32 |
| Such information, records, interviews, reports,
statements, | 33 |
| memoranda , or other data shall not be discoverable and
| 34 |
| admissible as evidence ,
nor discoverable in any subsequent
|
|
|
|
09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
|
| 1 |
| action of any kind in any court or before any
tribunal, board, | 2 |
| agency , or person , except for any action deemed necessary
by | 3 |
| the Board .
| 4 |
| (e) The Board shall charge each applicant a fee set by the | 5 |
| Department of
State Police to defray the costs associated with | 6 |
| the search and
classification of fingerprints obtained by the | 7 |
| Board with respect to the
applicant's application. These fees | 8 |
| shall be paid into the State Police
Services Fund.
| 9 |
| (f) The licensed owner shall be the person primarily | 10 |
| responsible for the
boat itself. Only one riverboat gambling | 11 |
| operation may be authorized
by the Board on any riverboat. The | 12 |
| applicant must identify each riverboat
it intends to use and | 13 |
| certify that the riverboat: (1) has the authorized
capacity | 14 |
| required in this Act; (2) is accessible to disabled persons; | 15 |
| and
(3) is fully registered and licensed in accordance
with any | 16 |
| 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. 93-28, eff. 6-20-03.)
| 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, firms | 23 |
| or
corporations which apply for such licenses upon payment to | 24 |
| the Board of the
non-refundable license fee set by the Board, | 25 |
| upon payment of a $25,000
license fee for the first year of | 26 |
| operation and a $5,000 license fee for
each succeeding year and | 27 |
| upon a determination by the Board that the
applicant is | 28 |
| eligible for an owners license pursuant to this Act and the
| 29 |
| rules of the Board. A person, firm or corporation is ineligible | 30 |
| to receive
an owners license if:
| 31 |
| (1) the person has been convicted of a felony under the | 32 |
| laws of this
State, any other state, or the United States;
| 33 |
| (2) the person has been convicted of any violation of |
|
|
|
09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
|
| 1 |
| Article 28 of the
Criminal Code of 1961, or substantially | 2 |
| similar laws of any other jurisdiction;
| 3 |
| (3) the person has submitted an application for a | 4 |
| license under this
Act which contains false information;
| 5 |
| (4) the person is
a member of the Board;
| 6 |
| (5) a person defined in (1), (2), (3) or (4) is an | 7 |
| officer, director or
managerial employee of the firm or | 8 |
| corporation;
| 9 |
| (6) the firm or corporation employs a person defined in | 10 |
| (1), (2), (3) or
(4) who participates in the management or | 11 |
| operation of gambling operations
authorized under this | 12 |
| Act;
| 13 |
| (7) (blank); or
| 14 |
| (8) a license of the person, firm or corporation issued | 15 |
| under
this Act, or a license to own or operate gambling | 16 |
| facilities
in any other jurisdiction, has been revoked.
| 17 |
| (b) In determining whether to grant an owners license to an | 18 |
| applicant, the
Board shall consider:
| 19 |
| (1) the character, reputation, experience and | 20 |
| financial integrity of the
applicants and of any other or | 21 |
| separate person that either:
| 22 |
| (A) controls, directly or indirectly, such | 23 |
| applicant, or
| 24 |
| (B) is controlled, directly or indirectly, by such | 25 |
| applicant or by a
person which controls, directly or | 26 |
| indirectly, such applicant;
| 27 |
| (2) the facilities or proposed facilities for the | 28 |
| conduct of riverboat
gambling;
| 29 |
| (3) the highest prospective total revenue to be derived | 30 |
| by the State
from the conduct of riverboat gambling;
| 31 |
| (4) the extent to which the ownership of the applicant | 32 |
| reflects the
diversity of the State by including minority | 33 |
| persons and females
and the good faith affirmative action | 34 |
| plan of
each applicant to recruit, train and upgrade |
|
|
|
09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
|
| 1 |
| minority persons and females in all employment | 2 |
| classifications;
| 3 |
| (5) the financial ability of the applicant to purchase | 4 |
| and maintain
adequate liability and casualty insurance;
| 5 |
| (6) whether the applicant has adequate capitalization | 6 |
| to provide and
maintain, for the duration of a license, a | 7 |
| riverboat;
| 8 |
| (7) the extent to which the applicant exceeds or meets | 9 |
| other standards
for the issuance of an owners license which | 10 |
| the Board may adopt by rule;
and
| 11 |
| (8) The amount of the applicant's license bid.
| 12 |
| (c) Each owners license shall specify the place where | 13 |
| riverboats shall
operate and dock.
| 14 |
| (d) Each applicant shall submit with his application, on | 15 |
| forms
provided by the Board, 2 sets of his fingerprints.
| 16 |
| (e) The Board may issue up to 10 licenses authorizing the | 17 |
| holders of such
licenses to own riverboats. In the application | 18 |
| for an owners license, the
applicant shall state the dock at | 19 |
| which the riverboat is based and the water
on which the | 20 |
| riverboat will be located. The Board shall issue 5 licenses to
| 21 |
| become effective not earlier than January 1, 1991. Three of | 22 |
| such licenses
shall authorize riverboat gambling on the | 23 |
| Mississippi River, or, with approval
by the municipality in | 24 |
| which the
riverboat is docked on August 7, 2003,
the effective | 25 |
| date of this amendatory Act of the 93rd
Assembly,
in a
| 26 |
| municipality that (1) borders on the Mississippi River or is | 27 |
| within 5
miles of the city limits of a municipality that | 28 |
| borders on the Mississippi
River and (2), on August 7, 2003,
| 29 |
| the effective date of this amendatory Act of the 93rd General
| 30 |
| Assembly, has a riverboat conducting riverboat gambling | 31 |
| operations pursuant to
a license issued under this Act; , one of | 32 |
| which shall authorize riverboat
gambling from a home dock in | 33 |
| the city of East St. Louis. One other license
shall
authorize | 34 |
| riverboat gambling on
the Illinois River south of Marshall |
|
|
|
09400HB1921ham002 |
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LRB094 02932 AMC 46773 a |
|
| 1 |
| County. The Board shall issue one
additional license to become | 2 |
| effective not earlier than March 1, 1992, which
shall authorize | 3 |
| riverboat gambling on the Des Plaines River in Will County.
The | 4 |
| Board may issue 4 additional licenses to become effective not
| 5 |
| earlier than
March 1, 1992. In determining the water upon which | 6 |
| riverboats will operate,
the Board shall consider the economic | 7 |
| benefit which riverboat gambling confers
on the State, and | 8 |
| shall seek to assure that all regions of the State share
in the | 9 |
| economic benefits of riverboat gambling. Notwithstanding any | 10 |
| other provision of this Act to the contrary, there is no | 11 |
| limitation on any area within the State as a location to | 12 |
| operate and dock a riverboat.
| 13 |
| In granting all licenses, the Board may give favorable | 14 |
| consideration to
economically depressed areas of the State, to | 15 |
| applicants presenting plans
which provide for significant | 16 |
| economic development over a large geographic
area, and to | 17 |
| applicants who currently operate non-gambling riverboats in
| 18 |
| Illinois.
In no event shall the area where the riverboat shall | 19 |
| operate and dock constitute a reason for denial of a license.
| 20 |
| The Board shall review all applications for owners licenses,
| 21 |
| and shall inform each applicant in detail of the Board's | 22 |
| decision and the reasons for the decision .
The Board may grant | 23 |
| an owners license to an
applicant that has not submitted the | 24 |
| highest license bid, but if it does not
select the highest | 25 |
| bidder, the Board shall issue a written decision explaining
why | 26 |
| another
applicant was selected and identifying the factors set | 27 |
| forth in this Section
that favored the winning bidder.
| 28 |
| In addition to any other revocation powers granted to the | 29 |
| Board under this
Act,
the Board may revoke the owners license | 30 |
| of a licensee which fails
to begin conducting gambling within | 31 |
| 15 months
of receipt of the
Board's approval of the application | 32 |
| if the Board determines that license
revocation is in the best | 33 |
| interests of the State.
| 34 |
| (f) The first 10 owners licenses issued under this Act |
|
|
|
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| shall permit the
holder to own up to 2 riverboats and equipment | 2 |
| thereon
for a period of 3 years after the effective date of the | 3 |
| license. Holders of
the first 10 owners licenses must pay the | 4 |
| annual license fee for each of
the 3
years during which they | 5 |
| are authorized to own riverboats.
| 6 |
| (g) Upon the termination, expiration, or revocation of each | 7 |
| of the first
10 licenses, which shall be issued for a 3 year | 8 |
| period, all licenses are
renewable annually upon payment of the | 9 |
| fee and a determination by the Board
that the licensee | 10 |
| continues to meet all of the requirements of this Act and the
| 11 |
| Board's rules.
However, for licenses renewed on or after May 1, | 12 |
| 1998, renewal shall be
for a period of 4 years, unless the | 13 |
| Board sets a shorter period.
| 14 |
| (h) An owners license shall entitle the licensee to own up | 15 |
| to 2
riverboats. A licensee shall limit the number of gambling | 16 |
| participants to
1,200 for any such owners license.
A licensee | 17 |
| may operate both of its riverboats concurrently, provided that | 18 |
| the
total number of gambling participants on both riverboats | 19 |
| does not exceed
1,200. Riverboats licensed to operate on the
| 20 |
| Mississippi River and the Illinois River south of Marshall | 21 |
| County shall
have an authorized capacity of at least 500 | 22 |
| persons. Any other riverboat
licensed under this Act shall have | 23 |
| an authorized capacity of at least 400
persons.
| 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, including a | 27 |
| liquor license, a license
to prepare and serve food for human | 28 |
| consumption, and other necessary
licenses. All use, occupation | 29 |
| and excise taxes which apply to the sale of
food and beverages | 30 |
| in this State and all taxes imposed on the sale or use
of | 31 |
| tangible personal property apply to such sales aboard the | 32 |
| riverboat.
| 33 |
| (j) The Board may issue or re-issue a license authorizing a | 34 |
| riverboat to
dock
in a municipality or approve a relocation |
|
|
|
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| under Section 11.2 only if, prior
to the issuance or | 2 |
| re-issuance of
the license or approval, the governing body of | 3 |
| the municipality in which
the riverboat will dock has by a | 4 |
| majority vote approved the docking of
riverboats in the | 5 |
| municipality. The Board may issue or re-issue a license
| 6 |
| authorizing a
riverboat to dock in areas of a county outside | 7 |
| any municipality or approve a
relocation under Section 11.2 | 8 |
| only if, prior to the issuance or re-issuance
of the license
or | 9 |
| approval, the
governing body of the county has by a majority | 10 |
| vote approved of the docking of
riverboats within such areas.
| 11 |
| (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; | 12 |
| 93-453, eff. 8-7-03;
revised 1-27-04.)
| 13 |
| (230 ILCS 10/7.1)
| 14 |
| Sec. 7.1. Re-issuance of revoked or non-renewed owners | 15 |
| licenses.
| 16 |
| (a) If an owners license terminates or expires without | 17 |
| renewal or the Board
revokes or determines not to renew an | 18 |
| owners license (including, without
limitation, an owners | 19 |
| license for a licensee that was not conducting riverboat
| 20 |
| gambling operations on January 1, 1998)
and that revocation or | 21 |
| determination is final, the Board may re-issue such
license to
| 22 |
| a qualified applicant pursuant to an open and competitive | 23 |
| bidding process, as
set forth in Section 7.5, and subject to | 24 |
| the maximum number of authorized
licenses set forth in Section
| 25 |
| 7(e).
| 26 |
| (b) To be a qualified applicant, a person, firm, or | 27 |
| corporation cannot be
ineligible to receive an owners license | 28 |
| under Section 7(a) and must submit an
application for an owners | 29 |
| license that complies with Section 6. Each such
applicant must | 30 |
| also submit evidence to the Board that minority persons and
| 31 |
| females hold ownership interests in the applicant of at least | 32 |
| 16% and 4%
respectively.
| 33 |
| (c) Notwithstanding anything to the contrary in Section |
|
|
|
09400HB1921ham002 |
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| 1 |
| 7(e), an applicant
may apply to the Board for approval of | 2 |
| relocation of a re-issued license to a
new home dock location | 3 |
| authorized under Section 3(c) upon receipt of the
approval from | 4 |
| the municipality or county, as the case may be, pursuant to
| 5 |
| Section 7(j). Notwithstanding any other provision of this Act | 6 |
| to the contrary, there is no limitation on any area within the | 7 |
| State as a location to operate and dock a riverboat.
| 8 |
| (d) In determining whether to grant a re-issued owners | 9 |
| license to an
applicant, the
Board shall consider all of the | 10 |
| factors set forth in Sections 7(b) and (e) as
well as the | 11 |
| amount of the applicant's license bid. The Board may
grant the | 12 |
| re-issued owners license to an applicant that has not submitted | 13 |
| the
highest license bid, but if it does not select the highest | 14 |
| bidder,
the Board shall issue a written decision explaining why | 15 |
| another applicant was
selected and identifying the factors set | 16 |
| forth in Sections 7(b) and (e) that
favored the winning bidder.
| 17 |
| (e) Re-issued owners licenses shall be subject to annual | 18 |
| license fees as
provided for in Section 7(a) and shall be | 19 |
| governed by the provisions of
Sections 7(f), (g), (h), and (i).
| 20 |
| (Source: P.A. 93-28, eff. 6-20-03.)
| 21 |
| (230 ILCS 10/7.3)
| 22 |
| Sec. 7.3. State conduct of gambling operations.
| 23 |
| (a) If, after reviewing each application for a re-issued | 24 |
| license, the
Board determines that the highest prospective | 25 |
| total revenue to the State would
be derived from State conduct | 26 |
| of the gambling operation in lieu of re-issuing
the license, | 27 |
| the Board shall inform each applicant of its decision. The | 28 |
| Board
shall thereafter have the authority, without obtaining an | 29 |
| owners license, to
conduct riverboat gambling operations as
| 30 |
| previously authorized by the terminated, expired, revoked, or | 31 |
| nonrenewed
license through a licensed manager selected | 32 |
| pursuant to an open and competitive
bidding
process as set | 33 |
| forth in Section 7.5 and as provided in Section 7.4.
|
|
|
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|
| 1 |
| (b) The Board may locate any riverboat on which a gambling | 2 |
| operation is
conducted by the State in any home dock location | 3 |
| authorized by Section 3(c)
upon receipt of approval from a | 4 |
| majority vote of the governing body of the
municipality or | 5 |
| county, as the case may be, in which the riverboat will dock. | 6 |
| Notwithstanding any other provision of this Act to the | 7 |
| contrary, there is no limitation on any area within the State | 8 |
| as a location to operate and dock a riverboat.
| 9 |
| (c) The Board shall have jurisdiction over and shall | 10 |
| supervise all
gambling operations conducted by the State | 11 |
| provided for in this Act and shall
have all powers necessary | 12 |
| and proper to fully and effectively execute the
provisions of | 13 |
| this Act relating to gambling operations conducted by the | 14 |
| State.
| 15 |
| (d) The maximum number of owners licenses authorized under | 16 |
| Section 7(e)
shall be reduced by one for each instance in which | 17 |
| the Board authorizes the
State to conduct a riverboat gambling | 18 |
| operation under subsection (a) in lieu of
re-issuing a license | 19 |
| to an applicant under Section 7.1.
| 20 |
| (Source: P.A. 93-28, eff. 6-20-03.)
| 21 |
| (230 ILCS 10/7.5)
| 22 |
| Sec. 7.5. Competitive Bidding. When the Board determines | 23 |
| that it will re-issue an owners license pursuant to
an
open and | 24 |
| competitive bidding process, as set forth in Section 7.1, or | 25 |
| that it
will issue a managers license pursuant to an open and | 26 |
| competitive bidding
process, as set forth in Section 7.4, the | 27 |
| open and competitive bidding process
shall adhere to the | 28 |
| following procedures:
| 29 |
| (1) The Board shall make applications for owners and | 30 |
| managers
licenses available to the public and allow a | 31 |
| reasonable time for applicants to
submit applications to the | 32 |
| Board.
| 33 |
| (2) During the filing period for owners or managers license |
|
|
|
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|
| 1 |
| applications,
the
Board may retain the services of an | 2 |
| investment banking firm to assist the Board
in conducting the | 3 |
| open and competitive bidding process.
| 4 |
| (3) After receiving all of the bid proposals, the Board | 5 |
| shall open all of
the
proposals in a public forum and disclose | 6 |
| the prospective owners or managers
names, venture partners, if | 7 |
| any, and, in the case of applicants for owners
licenses, the | 8 |
| locations of the proposed development sites.
| 9 |
| (4) The Board shall summarize the terms of the proposals | 10 |
| and may make this
summary available to the public.
| 11 |
| (5) The Board shall evaluate the proposals within a | 12 |
| reasonable time and
select no
more than 3 final applicants to | 13 |
| make presentations of their
proposals to the Board.
| 14 |
| (6) The final applicants shall make their presentations to | 15 |
| the
Board on
the same day during an open session of the Board.
| 16 |
| (7) As soon as practicable after the public presentations | 17 |
| by the final
applicants,
the Board, in its
discretion, may | 18 |
| conduct further negotiations among the 3 final applicants.
| 19 |
| During such negotiations, each final applicant may increase its | 20 |
| license bid or
otherwise enhance its bid proposal. At the | 21 |
| conclusion of such
negotiations, the Board shall
select the | 22 |
| winning proposal. In the case of negotiations for
an owners | 23 |
| license, the Board may, at the conclusion of such negotiations,
| 24 |
| make the determination allowed under Section 7.3(a).
| 25 |
| (8) Upon selection of a winning bid, the Board shall | 26 |
| evaluate the winning
bid
within a reasonable period of time for | 27 |
| licensee suitability in accordance with
all applicable | 28 |
| statutory and regulatory criteria.
| 29 |
| (9) If the winning bidder is unable or otherwise fails to
| 30 |
| consummate the transaction, (including if the Board determines | 31 |
| that the winning
bidder does not satisfy the suitability | 32 |
| requirements), the Board may, on the
same criteria, select from | 33 |
| the remaining bidders or make the determination
allowed under | 34 |
| Section 7.3(a).
|
|
|
|
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|
| 1 |
| (10) Notwithstanding any other provision of this Act to the | 2 |
| contrary, there is no limitation on any area within the State | 3 |
| as a location to operate and dock a riverboat.
| 4 |
| (Source: P.A. 93-28, eff. 6-20-03.)
| 5 |
| (230 ILCS 10/13) (from Ch. 120, par. 2413)
| 6 |
| Sec. 13. Wagering tax; rate; distribution.
| 7 |
| (a) Until January 1, 1998, a tax is imposed on the adjusted | 8 |
| gross
receipts received from gambling games authorized under | 9 |
| this Act at the rate of
20%.
| 10 |
| (a-1) From January 1, 1998 until July 1, 2002, a privilege | 11 |
| tax is
imposed on persons engaged in the business of conducting | 12 |
| riverboat gambling
operations, based on the adjusted gross | 13 |
| receipts received by a licensed owner
from gambling games | 14 |
| authorized under this Act at the following rates:
| 15 |
| 15% of annual adjusted gross receipts up to and | 16 |
| including $25,000,000;
| 17 |
| 20% of annual adjusted gross receipts in excess of | 18 |
| $25,000,000 but not
exceeding $50,000,000;
| 19 |
| 25% of annual adjusted gross receipts in excess of | 20 |
| $50,000,000 but not
exceeding $75,000,000;
| 21 |
| 30% of annual adjusted gross receipts in excess of | 22 |
| $75,000,000 but not
exceeding $100,000,000;
| 23 |
| 35% of annual adjusted gross receipts in excess of | 24 |
| $100,000,000.
| 25 |
| (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | 26 |
| is imposed on
persons engaged in the business of conducting | 27 |
| riverboat gambling operations,
other than licensed managers | 28 |
| conducting riverboat gambling operations on behalf
of the | 29 |
| State, based on the adjusted gross receipts received by a | 30 |
| licensed
owner from gambling games authorized under this Act at | 31 |
| the following rates:
| 32 |
| 15% of annual adjusted gross receipts up to and | 33 |
| including $25,000,000;
|
|
|
|
09400HB1921ham002 |
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|
| 1 |
| 22.5% of annual adjusted gross receipts in excess of | 2 |
| $25,000,000 but not
exceeding $50,000,000;
| 3 |
| 27.5% of annual adjusted gross receipts in excess of | 4 |
| $50,000,000 but not
exceeding $75,000,000;
| 5 |
| 32.5% of annual adjusted gross receipts in excess of | 6 |
| $75,000,000 but not
exceeding $100,000,000;
| 7 |
| 37.5% of annual adjusted gross receipts in excess of | 8 |
| $100,000,000 but not
exceeding $150,000,000;
| 9 |
| 45% of annual adjusted gross receipts in excess of | 10 |
| $150,000,000 but not
exceeding $200,000,000;
| 11 |
| 50% of annual adjusted gross receipts in excess of | 12 |
| $200,000,000.
| 13 |
| (a-3) Beginning July 1, 2003, a privilege tax is imposed on | 14 |
| persons engaged
in the business of conducting riverboat | 15 |
| gambling operations, other than
licensed managers conducting | 16 |
| riverboat gambling operations on behalf of the
State, based on | 17 |
| the adjusted gross receipts received by a licensed owner from
| 18 |
| gambling games authorized under this Act at the following | 19 |
| rates:
| 20 |
| 15% of annual adjusted gross receipts up to and | 21 |
| including $25,000,000;
| 22 |
| 27.5% of annual adjusted gross receipts in excess of | 23 |
| $25,000,000 but not
exceeding $37,500,000;
| 24 |
| 32.5% of annual adjusted gross receipts in excess of | 25 |
| $37,500,000 but not
exceeding $50,000,000;
| 26 |
| 37.5% of annual adjusted gross receipts in excess of | 27 |
| $50,000,000 but not
exceeding $75,000,000;
| 28 |
| 45% of annual adjusted gross receipts in excess of | 29 |
| $75,000,000 but not
exceeding $100,000,000;
| 30 |
| 50% of annual adjusted gross receipts in excess of | 31 |
| $100,000,000 but not
exceeding $250,000,000;
| 32 |
| 70% of annual adjusted gross receipts in excess of | 33 |
| $250,000,000.
| 34 |
| An amount equal to the amount of wagering taxes collected |
|
|
|
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|
| 1 |
| under this
subsection (a-3) that are in addition to the amount | 2 |
| of wagering taxes that
would have been collected if the | 3 |
| wagering tax rates under subsection (a-2)
were in effect shall | 4 |
| be paid into the Common School Fund.
| 5 |
| The privilege tax imposed under this subsection (a-3) shall | 6 |
| no longer be
imposed beginning on the earlier of (i) July 1, | 7 |
| 2005; (ii) the first date
after June 20, 2003
the effective | 8 |
| date of this amendatory Act of the
93rd General Assembly that | 9 |
| riverboat gambling operations are conducted
pursuant to a | 10 |
| dormant license; or (iii) the first day that riverboat gambling
| 11 |
| operations are conducted under the authority of an owners | 12 |
| license that is in
addition to the 10 owners licenses initially | 13 |
| authorized under this Act.
For the purposes of this subsection | 14 |
| (a-3), the term "dormant license"
means an owners license that | 15 |
| is authorized by this Act under which no
riverboat gambling | 16 |
| operations are being conducted on June 20, 2003
the effective | 17 |
| date of this amendatory Act of the 93rd General Assembly .
| 18 |
| (a-4) Beginning on the first day on which the tax imposed | 19 |
| under
subsection (a-3) is no longer imposed, a privilege tax is | 20 |
| imposed on persons
engaged in the business of conducting | 21 |
| riverboat gambling operations, other
than licensed managers | 22 |
| conducting riverboat gambling operations on behalf of
the | 23 |
| State, based on the adjusted gross receipts received by a | 24 |
| licensed owner
from gambling games authorized under this Act at | 25 |
| the following rates:
| 26 |
| 15% of annual adjusted gross receipts up to and | 27 |
| including $25,000,000;
| 28 |
| 22.5% of annual adjusted gross receipts in excess of | 29 |
| $25,000,000 but not
exceeding $50,000,000;
| 30 |
| 27.5% of annual adjusted gross receipts in excess of | 31 |
| $50,000,000 but not
exceeding $75,000,000;
| 32 |
| 32.5% of annual adjusted gross receipts in excess of | 33 |
| $75,000,000 but not
exceeding $100,000,000;
| 34 |
| 37.5% of annual adjusted gross receipts in excess of |
|
|
|
09400HB1921ham002 |
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|
| 1 |
| $100,000,000 but not
exceeding $150,000,000;
| 2 |
| 45% of annual adjusted gross receipts in excess of | 3 |
| $150,000,000 but not
exceeding $200,000,000;
| 4 |
| 50% of annual adjusted gross receipts in excess of | 5 |
| $200,000,000.
| 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-10) The taxes imposed by this Section shall be paid by | 10 |
| the licensed
owner to the Board not later than 3:00 o'clock | 11 |
| p.m. of the day after the day
when the wagers were made.
| 12 |
| (b) Until January 1, 1998, 25% of the tax revenue deposited | 13 |
| in the State
Gaming Fund under this Section shall be paid, | 14 |
| subject to appropriation by the
General Assembly, to the unit | 15 |
| of local government which is designated as the
home dock of the | 16 |
| riverboat. Beginning January 1, 1998, from the tax revenue
| 17 |
| deposited in the State Gaming Fund under this Section, an | 18 |
| amount equal to 5% of
adjusted gross receipts generated by a | 19 |
| riverboat shall be paid monthly, subject
to appropriation by | 20 |
| the General Assembly, to the unit of local government that
is | 21 |
| designated as the home dock of the riverboat. From the tax | 22 |
| revenue
deposited in the State Gaming Fund pursuant to | 23 |
| riverboat gambling operations
conducted by a licensed manager | 24 |
| on behalf of the State, an amount equal to 5%
of adjusted gross | 25 |
| receipts generated pursuant to those riverboat gambling
| 26 |
| operations shall be paid monthly,
subject to appropriation by | 27 |
| the General Assembly, to the unit of local
government that is | 28 |
| designated as the home dock of the riverboat upon which
those | 29 |
| riverboat gambling operations are conducted.
| 30 |
| (c) Appropriations, as approved by the General Assembly, | 31 |
| may be made
from the State Gaming Fund to the Board (i)
| 32 |
| Department of Revenue and the Department
of State Police for | 33 |
| the administration and enforcement of this Act, (ii) for | 34 |
| distribution to the Department of State Police for the |
|
|
|
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|
| 1 |
| enforcement of this Act, and (iii) for distribution
or to the
| 2 |
| Department of Human Services for the administration of programs | 3 |
| to treat
problem gambling.
| 4 |
| (c-5) After the payments required under subsections (b) and | 5 |
| (c) have been
made, an amount equal to 15% of the adjusted | 6 |
| gross receipts of (1) an owners
licensee that relocates | 7 |
| pursuant to Section 11.2,
(2) an owners licensee
license
| 8 |
| conducting riverboat gambling operations
pursuant to an
owners | 9 |
| license that is initially issued after June
25, 1999,
or (3) | 10 |
| the first
riverboat gambling operations conducted by a licensed | 11 |
| manager on behalf of the
State under Section 7.3
7.2 ,
whichever | 12 |
| comes first, shall be paid from the State
Gaming Fund into the | 13 |
| Horse Racing Equity Fund.
| 14 |
| (c-10) Each year the General Assembly shall appropriate | 15 |
| from the General
Revenue Fund to the Education Assistance Fund | 16 |
| an amount equal to the amount
paid into the Horse Racing Equity | 17 |
| Fund pursuant to subsection (c-5) in the
prior calendar year.
| 18 |
| (c-15) After the payments required under subsections (b), | 19 |
| (c), and (c-5)
have been made, an amount equal to 2% of the | 20 |
| adjusted gross receipts of (1)
an owners licensee that | 21 |
| relocates pursuant to Section 11.2, (2) an owners
licensee | 22 |
| conducting riverboat gambling operations pursuant to
an
owners | 23 |
| license that is initially issued after June 25, 1999,
or (3) | 24 |
| the first
riverboat gambling operations conducted by a licensed | 25 |
| manager on behalf of the
State under Section 7.3
7.2 ,
whichever | 26 |
| comes first, shall be paid, subject to appropriation
from the | 27 |
| General Assembly, from the State Gaming Fund to each home rule
| 28 |
| county with a population of over 3,000,000 inhabitants for the | 29 |
| purpose of
enhancing the county's criminal justice system.
| 30 |
| (c-20) Each year the General Assembly shall appropriate | 31 |
| from the General
Revenue Fund to the Education Assistance Fund | 32 |
| an amount equal to the amount
paid to each home rule county | 33 |
| with a population of over 3,000,000 inhabitants
pursuant to | 34 |
| subsection (c-15) in the prior calendar year.
|
|
|
|
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| 1 |
| (c-25) After the payments required under subsections (b), | 2 |
| (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | 3 |
| the
adjusted gross receipts of (1) an owners licensee
license
| 4 |
| that
relocates pursuant to Section 11.2, (2) an
owners
licensee
| 5 |
| license conducting riverboat gambling operations pursuant to
| 6 |
| an
owners license
that is initially issued after June 25, 1999,
| 7 |
| or (3) the first
riverboat gambling operations conducted by a | 8 |
| licensed manager on behalf of the
State under Section 7.3
7.2 ,
| 9 |
| whichever
comes first,
shall be paid from the State
Gaming Fund | 10 |
| to Chicago State University.
| 11 |
| (d) From time to time, the
Board shall transfer the | 12 |
| remainder of the funds
generated by this Act into the Education
| 13 |
| Assistance Fund, created by Public Act 86-0018, of the State of | 14 |
| Illinois.
| 15 |
| (e) Nothing in this Act shall prohibit the unit of local | 16 |
| government
designated as the home dock of the riverboat from | 17 |
| entering into agreements
with other units of local government | 18 |
| in this State or in other states to
share its portion of the | 19 |
| tax revenue.
| 20 |
| (f) To the extent practicable, the Board shall administer | 21 |
| and collect the
wagering taxes imposed by this Section in a | 22 |
| manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | 23 |
| 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | 24 |
| Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | 25 |
| Penalty and Interest Act.
| 26 |
| (Source: P.A. 92-595, eff. 6-28-02; 93-27, eff. 6-20-03; 93-28, | 27 |
| eff.
6-20-03; revised 1-28-04.)
| 28 |
| Section 99. Effective date. This Act takes effect July 1, | 29 |
| 2005.".
|
|