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